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697-MetroOrlando Softball-1999 ',; METRO ORLANDO AMATEUR SOFTBALL ASSOCIATION NATIONAL CHAMPIONSHIP P.O. Box 948305 · Maltland, Florida 32794 FINALS AGREEMENT 407.696.9880 · Fax: 407.696.5979 THIS AGREEMENT, dated the ./f~ day of ~ ~999, between METRO ORLANDO AMATEUR SOFTBALL ASSOCIATION, INC., hereinafter referred to as MOASA and the NATIONAL TOURNAMENT HOSTING ORGANIZATION, City of Sanford, hereinafter referred to as the NTHO. WITNESSETH: For and in consideration for the use of the premises and other good and valuable consideration hereinafter mentioned: MOASA agrees to have AMATEUR SOFTBALL ASSOCIATION OF AMERICA, INC., bereinafter referred to as ASA, qualified teams as per ASA's Code throughout the United States as determined by the ASA to compete at Historical Sanford Memorial Stadium from September 8 to September 12,1999 to determine the Men's Super Slow Pit& National Champion of the ASA, NTHO agrees to host said National-Tournament (the "Tournament") in accordance with terms and conditions hereinafter provided in addition to those provisions provided in the bid by MOASA and/or NTHO. FIRST: NTHO agrees that all questions of qualification and eligibility shall be determined by the ASA Code, the terms of which are incorporated herein by reference. SECOND: NTHO shall be liable for and shall indemnify, defend and hold the ASA and MOASA jointly harmless frcrm any and all liability for any and all expenses incurred in the conducting of the Tournament games, including but not limited to the following items which NTHO is required to provide as a term and condition of this Agreement: 2.1 ~E EXPENSES: a. NTHO will pay a flat fee of $ 200.00 per umpire, per game for the Tournament. The number of umpires per 1999 ASA Code shall be assigned to each game prior to the championship game (s); umpires will be assigned to games by the Tournament Umpire-in-Chief. Umpires will be assigned to the Tournament by the ASA National Office (EXCEPTIONS: The ASA National Office or the Umpire-in-Chief may wish to renegotiate the terms of this section). b. Housing provided for umpires (two to a room) in the same hotel and/or facility and local transportation exclusively for umpires from housing to playing field and return. The NTHO responsibly to provide such housing will commence the day before the Tournament is scheduled to begin and shall continue until completion of the Toun~ament. Provided however, should the Tournament conclude after 7:00 p.m. local time, the NTHO shall provide housing for one (1) additional night should such accommodation be requested by any umpire. NTHO will provide a private dressing room and meeting facility in dose proximity to the playing fields for the umpire staff assigned to the Tournament. c. Umpire-in-Chief will receive same housing and local transportation, as well as a per diem per 1999 ASA Code from the first day at the Tournament until its completion. d. An assistant umpire-in-chief, should one be assigned, will receive same housing end local transportation, as well as a per diem per 1999 ASA Code from the first day at the Tournament until its completion. (Assignment of an assistant umpire-in-chief will be in accordance zvith Article 123 (H) (2) of the ASA Code) ADDENDUM: To define transportation - vehicle(s) to shuttle umpires to and from the airport, the Tournament site(s), housing facilities, and/or all tournament functions for the duration of the Tournament. 2.2 AWARDS: All Tournament awards, as provided for by Article 302 of the ASA Code, will be selected by ASA arid will be purchased by the NTHO from the vendor of ASA's choosing. 2 2.3 FRE - TOURNAMENT MEAL FUNCTION: NTHO will provide a pre-tournetment meal function for team managers, sponsors, umpires, commissioners, press, et cotera. 2.4 UMPIRE COORDINATOR: A MOASA approved Umpire Coordinator will be assigned to the Tournament; the Umpire Coordinator wffi be assigned to the Tournament by the MOASA Umpire-in-Chief; the Umpire Coordinator will receive a $25.00 per diem from the first day at the Tournament until its completion. 2.5 LIABILITY INSURANCE: NTHO shall provide liability insurance for the Tournament purchased from the ASA chosen agent at a rate determined by the number of participating teams. When akohol is to be sold at the Tournament, NTHO must provide the State of Florida permit/hcense and alcohol liability insurance. 2.6 TEAM EXPENSES PROVIDED BY NTHO AT NO EXPENSE TO MOASA OR ASA (ifidentqied in ASA tournament bid) 2.7 TICKET SELLERS: a. NTHO is responsible for providing the gate crew from one hour prior to the start of the first games of the day until the start of the final scheduled games of the day. EXCEPTION: Sunday gate will be optional and NTHO will inform MOASA (30) days prior to the first day of the tournament ff this option will be exercised. b. MOASA will provide the NTHO with session tickets for the Tournament; session tickets will be sequentially numbered; session tickets shall be color coded or different in some way to identify the different sessions; all unused session tickets will be returned to MOASA at the completion of the Tournament; (OPTIONAL) NTHO may provide patron tournament passes that need not be numbered; however, a total count of all passes must be given MOASA (30) days prior to the first day of the tournament and an end count at the conclusion of the Tournament. c. MOASA will provide the NTHO with (10) special passes for VIP's, media, event staff and any other group deemed necessary to the operation of the Tournament. NTHO will provide player and coach/manager passes. d. The assigned MOASA tournament representative shall be provided a da~y gate report, and at. the conclusion of the Tournament, a final gate report. 2.8 FIELD MAINTENANCE: NTHO will provide the grounds crew and ensure playing fields are kept in good condition for the Tournament. 2.9 SECURITY: NTHO will be responsible for special law enforcement ff it is determined such service is warranted. 2.10 FIRST AID: NTHO will provide ambulance service or suitable emergency service at the Tournament facilities. 2.11 STATISTICIAN COORDINATOR: a. When statistics are required by ASA Code, NTHO shall be responsible for providing a MOASA certified Statistician; the Statistician must be approved by the MOASA Commissioner; a $25.00 per diem will be paid ~ ,~. 3 from the first day at the Tournament until its completion. b. When statistics are required by ASA Code and All-American team selections are requited, the NTHO will ensure these functions are complete and available for the MOASA representative and the ASA National Representative. 2.12 SCOREKEEPER COORDINATOR: a. A MOASA approved Scorekeeper Coordinator will be responsible for book~g and scheduling all official scorekeepers and will receive a $1.00 booking fee for each game of the Tournament; the Scorekeeper Coordinator must be approved by the MOASA Commissioner. (EXCEPTION: Where NTHO has experienced Scorekeeper Coordinator previously approved by MOASA Commissioner, NTHO may use same and/or waive appropriate fees if alesited) b. NTHO must use MOASA and ASA certified and registered scorekeepers. c. Game fees are per 1999 ASA Code per game per scorekeeper. 2.13 OFFICIAL PROGRAM: a. NTFIO agrees to provide the Tournament official program with the ASA official cover provided by the ASA national office; NTHO agrees to follow all the guidelines provided by the ASA national office and MOASA, including, but not limited to, incorporation of ASA national sponsors and MOASA local sponsors; NTHO may secure additional sponsors and advertisers for the official program, but shall submit a draft of the program to MOASA (45) days before the start of the Tournament. b. NTHO will be responsible for the cost to prLnt and produce the official program. The NTHO receives all revenues from program sales. 2.14 PHOTOGRAPHER: a. NTHO will provide an official photographer for the Tournament approved by the MOASA Commissioner. b. There shall be no cost associated with the use of the photographer since this is a service provided for the teams. NTHO is entitled to any revenue sharing associated with the sale of photos to the participating teams. c. NTHO will be responsible for notifying the photographer of the scheduled times for umpire, tea3m and other photos; NTHO shall be responsible for arranging with the photographer to supply ASA with opening and · dosing ceremony photos, top 1:-6 finishing team photos, action photos and All-American team photos (if applicable). 2.15 MOASA REPRESENTATIVE: NTHO will be assigned a MOASA REPRESENTATIVE a $50.00 per day per diem from the first day at the Tournament until the completion of the Tournament; the MOASA REPRESENTATIVE will be assigned to the Tournament by the MOASA Commissioner. 2.16 NATIONAL AS REPRESENTATIVE: NTHO will provide to the NATIONAL ASA REPRESENTATIVE, at no cost to the MOASA, a single room at the headquarters hotel beginning the day before the Tournament is scheduled to begin and shall continue until completion of the Tournament. Provided, however, should the Tournament conclude after 7:00 p.m. the NTHO shall provide housing for one (1) additional night should such accommodation be requested by the NATIONAL AS REPRESENTATIVE. The NTHO. shall also provide to the NATIONAL ASA REPRESENTATIVE, at no cost to MOASA, local transportation during the duration of his/her stay in the Tournament city and PaY per 1999 ASA Code per day per diem from the first day at the Tournament until its completion. 4 THIRD: NTHO agrees to pay to MOASA a flat guarantee (non-re~mdable) of $ 200.00 for the right to host the Tournament and remitted within 30 days after the execution of this a~reement. Per the terms and conditions of the ASA Bid Proposal and/or ASA National Tournament Contract, NTHO wffi be responsible for payment of the ASA bid guarantee. FOURTH: NTHO agrees to pay an assessment fee of $ 10.00 per team participating in the Tournament to MOASA aznd a~rees to pay an assessment fee of $ 50.00 per team participating to ASA. FIFTH: NTHO will charge the entry fee rate quoted in the ASA Bid Proposal to qualified tournament teams. NTHO will receive all entry fees collected from qualified participating teams. SIXTH; All MOASA required fees as set out in the in this agreement will be collected ~md remitted within 30 days after the dose of the Tournament. SEVENTH: NTHO will provide MOASA with a copy of the ASA financial report no later than 30 days after the dose of the Tournament. EIGHTH: NTHO will be responsible for the softballs needed for the Tournament. All softballs used in the Tournament competition must have been approved in advance by ASA and purchased from the official MOASA vendor. (EXCEPTION; Softballs may be donated by the official MOASA vendor) NINTH: MOASA Umpire-in-Chief or his designate will be responsible for tl~e coordinating of all umpires with the ASA and the Tournament ASA assigned Umpire-in-Chief. TENTH: NTHO will provide MOASA and its partners (i.e. sponsors) with up to (10) VIP seats and free admission for (10) to each game of the Tournament and the same number of passes and invitations to any reception or hospitality function hosted by the NTHO. ELEVENTH: NTHO will provide the MOASA Commissioner with a complimentary pass and/or invitation to all tournament functions. TWELFTH: NTHO wffi prominently mention, display or indicate on all press, radio, or television releases as well as all advertising on billboards, showcards, posters, tickets or other similar materials and likewise prominently mention, display or indicate MOASA in identifying the Tournament. NTHO will provide MOASA fence and/or wall space at the Tournament site (s) for ASA, MOASA and sponsor signage. THIRTEENTH: NTHO may not enter into any sponsorship or marketing agreement for purposes of, affecting or relating to any National Championship Tournament without prior, express, written approval of the ASA Executive Director and the MOASA Commissioner. FOURTEENTH: At the conclusion of the championship and within 14 days, NTHO will provide MOASA at no cost with copies of news releases, statistics, photographs (i.e. team and action), and all other materials used in promoting and publicizing the Tournament. I~II~'I'EENTtt: MOASA will provide tournament souvenirs, including but not limited to, an event T-shirt. MOASA will pay ASA (10%) of Royalty of total gross sales (excluding applicable sales tax). SIXTEENTH: MOASA will coordinate housing and meeting facilities. This includes, but not limited to, the headquarters hotel umpire hotel and meeting facLlities (i.e. umpire meeting and umpire party). NTHO must direct ASA dignitaries, umpires and teams to hotel (s) designated by MOASA. NTHO will be financially responsible for the cost of housing the assigned ASA officials, assigned MOASA personreel and assigned umpLres plus the meeting facilities for the Tournament. SEVENTEENTH: NTHO will coordinate auto rental transportation. This includes, but not limited to, transportation for ASA dignitaries, officials, umpires and teams. NTHO must direct ASA dignitaries, officials, umpires and teams to the auto rental company designated by NTHO. NTHO will be financially responsible ,~'~ 5 for the cost of auto rentals of assigned ASA officials and assigned umpires. EIGHTEENTH: MOASA shall provide NTHO with contacts, financial and team data from the ASA National Tournament from the previous year. MOASA will also assist the NTHO in preparing Tourist Development Commission grant documents (if applicable), ASA tournameut documents and preparation of commissioner and/or team packets. NINETEENTH: NTHO will provide playing facilities as set forth in the ASA Code and Official Playing Rules. Separate facilities for the umpires must be arranged at the Tournament site. Any deviation from these procedures and rules may invalidate this agreement and cause MOASA to relocate the national Tournament if not satisfactorily resolved with final determination being made by the ASA Executive Director. TWENTIETH: NTHO shall provide for the check-in of the participating teams and the managers/draw meeting prior to the start of the games. Upon check-in, NTHO will have each team complete an Economic Impact Survey Form. NTHO will also arrange the Opening and Closing/Awards Ceremonies of the Tournament. TWENTY-FIRST: In addition to the financial obligations provided hersin, NTHO shall be specifically governed by the rules set forth in the ASA Code. TWENTY-SECOND: This Agreement shall be in effect from the date hereof; provided, however, that at any time prior to date of the Tournament, NTHO may, by mitten notice to ASA and MOASA, request early termination of this Agreement. NTHO acknowledges that MOASA has rehed on the full and complete performance of tiffs Agreement by NTHO. In the event of such request for early termination, or an), other breach or threatened brsach of this Agreement, NTHO agrees to forfeit the flat guarantee rsferenced in Section Third hereof. In addition to or in lieu of the said forfeiturs, MOASA may pursue all other remedies available to MOASA for such breach available under law, equity or otherwise. TWENTY-THIRD: This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof, and supersedes all prior oral written agreements. No modifications or amendment of this Agreement may be made except in writing signed by the parties hersto. T1f~s Agreement shall be governed by the laws of the United States of America and the State of florida and state and federal courts in Seminole County, Florida shall have exclusive jurisdiction over all matters arising out of this Agreement. TWENTY-FOURTH: All notices, request or offers rsquired or permitted to be made under this Agreement shall be in writing and shall be deemed to have been duly given and received either (a) on the day of delivery, if deliversd to the MOASA Commissioner, or to the NTHO at the addrssses indicated above or other address as any palty may designate in writing to the other parties for this purpose, or Co) on the fifth (5th) business day after the date sent, when sent by prepaid registersd or certified mail in the United States, or (c) on the date sent when sent by facsimile, telegram, cable, radiogram, or telex and confirmed the same day by prepaid registered or certified mail, addressed as above. TWENTY-F~FTH~ This Agreement shall be binding upon the successors and assigns of the parties hereto: TetraSSED aje'~. (MOASA) PRINCIPL~ N~amen~ganization (NTHO) //~/~ ADDENDUM