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938-2002 USA SOFTBALL MEN'S 2002 USA SOFTBALL MEN'S SUPER SP NATIONALS AGREEMENT THIS AGREEMENT iS made and entered this ~ ay of /, , 2001, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY," and THE CITY OF SANFORD, a Florida municipal corporation, whose address is Post Office Box 1788, Sanford, Florida 32771, hereinaf- ter referred to as "SANFORD". WITNESSETH: WHEREAS, the Florida State Legislature enacted Section 125.0104, Florida Statutes, known as the Local Option Tourist Development Act in response to the growing need of Florida counties to provide additional revenue sources for tourist development to stimulate the local economy; and ~=.~ .... WHEREAS, Section 125.0104, Florida Statutes, provides that Tourist Development Tax Revenues may be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote publicly owned or operated convention centers, sports stadiums, sports arenas, coliseums or auditoriums within the boundaries of the COUNTY's special taxing district in which the tax is levied; and WHEREAS, the HISTORICAL SANFORD MEMORIAL STADIUM hereinafter referred to as "Stadium," is a publicly owned and operated sports stadium within the boundaries of Seminole County, Florida; and WHEREAS, the voters of Seminole County approved by referendum, the imposition of the Tourist Development Tax on transient rental accommodations in Seminole County; and WHEREAS, the COUNTY, in coordination with the Tourist Development Council, appropriated Tourist Development Tax Revenues to promote and ::~ CERTiFiED COPY 1 MARYANNE MORSE CLERKOFC!RCUiTCOURT continue operation of the Stadium for hosting the 2002 ASA Men's Super Slow Pitch National Championship to be held in September 2002, hereinafter referred to as ~Event," to take place at the Stadium; and WHEREAS, the COUNTY desires SANFORD to place the tournament guarantee to the Amateur Softball Association of America/USA Softball in order to secure the Event for the Stadium, NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and SANFORD agree as follows: Section 1. Term. The term of this Agreement is from October 1, 2001, through September 30, 2002, the date of signature by the parties notwithstanding, unless earlier terminated, as provided herein. Section 2. Termination. This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days' written notice to the other party, as provided for herein, or, at the option of the COUNTY, immediately in the event that SANFORD fails to fulfill any of the terms, understandings or covenants of this Agreement. The COUNTY shall not be obligated to pay for any services provided or costs incurred by SANFORD after SANFORD has received notice of termination. Upon said termination, SANFORD shall immediately refund to the COUNTY, or otherwise utilize as the COUNTY directs, any unused funds provided hereunder. Section 3. Services. (a) SANFORD shall use funds from this Agreement to promote and advertise Seminole County tourism through the holding of the Seminole County-based 2001 USA Softball Men's Super SP Nationals, as described in Exhibit "A," attached hereto and incorporated herein by reference. (b) The Seminole County Convention and Visitors Bureau logo with telephone number and web site address must appear on all promotional 2 material for which reimbursement will be requested. (c) SANFORD shall submit proposed advertisement and promotional copy to the COUNTY for review and approval prior to publication. Advertising and promotional copy that has not been approved by the COUNTY shall not be eligible for reimbursement. (d) Promotional packages sent out by SANFORD for the event must contain a list of Seminole County hotels provided by the Seminole County Convention and Visitors Bureau. No other hotel list may be included in the promotional packet. All such promotional packets must be approved by the COUNTY prior to distribution in order to qualify for reimbursement. (e) SANFORD is required to utilize the Event Questionnaire provided by the Seminole County Convention and Visitors Bureau. In order to qualify for reimbursement funds, SANFORD must provide to the Seminole County Convention and Visitors Bureau, after the event, a minimum number of questionaires, completed in full by attendees at the 2001 Nationals; the minimum nuK~er of required questions must be equal to ten percent (10%) of the projected attendance at the event, as stated in the grant application, or one hundred fifty (150), whichever is greater. incomplete or partial questionaires will not count toward the refunded minimum number. Failure to provide the required number of completed questionaires or failure to utilize the required form questionaire shall result in both non-reimbursement of approved funds, but shall also directly impact future qualifications for Tourist Development Tax funding. (f) In order to qualify for reimbursement under this Agreement, SANFORD must submit written proof of liability coverage to the COUNTY upon execution of this Agreement. 3 (g) COUNTY agrees to supply to SANFORD for their use in the performance of this Agreement, television commercials and tapes, logsheets and telephone numbers for Seminole County promotion. Section 4. Liability. COUNTY, its Commissioners, officers, employees and agents shall not be deemed to assume any liability for the acts, omissions and negligence of SANFORD, its officers, employees and agents in the performance of services provided hereunder Section 5. Billing and Payment. The COUNTY hereby agrees to provide funds to SANFORD up to a maximum sum of SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($7,500.00} for placement of the tournament guarantee as provided above and TWO HUNDRED AND NO/100 DOLLARS ($200.00) for advertising and promotional use. Said funds are reimbursable upon: (a) Receipt by the COUNTY of a Request for Funds Form, attached hereto and incorporated herein as Exhibit "A," from SANFORD requesting all or part of the above amount. The Request for Funds Form shall be completed properly with original invoices and copies of checks as documentation attached thereto. Such request by SANFORD shall only be for the bid specifically provided for herein; (b) Verification by the Seminole County Convention & Visitors Bureau Director that SANFORD has placed by bid for which reimbursement is sought and has complied with the reporting requirements contained hereinafter; (c} Payment requests shall be sent to: Original: Director Seminole County Convention & Visitors Bureau 1230 Douglas Avenue, Suite 116 Longwood, Florida 32779 Duplicate: Director, Department of Finance Seminole County Services Building 1101 East First Street Sanford, Florida 32771 4 Section 6. Reporting Requirements. In the performance of this Agreement, SANFORD shall maintain books, records and accounts of all activities in compliance with normal accounting procedures. Each Request for Funds Form shall detail costs incurred. SANFORD shall an interim Narrative Progress Report Form, attached hereto and incorporated herein as Exhibit "B," with the Request for Funds Form. Additionally, SANFORD shall submit a final Narrative Progress Report Form and a financial report within ninety (90) days of project completion or lapse or termination of this Agreement. Section 7. Non-Allowable Costs. The purpose for which Tourist Development Tax grant funds are provided to SANFORD shall not duplicate programs for which monies have been received, committed or applied for from another source. The monies provided hereunder shall be expended only for the activities or purposes set forth in this Agreement. Section 8. Unavailability of Funds. SANFORD acknowledges that Tourist Development Tax revenues are the source of funding for this Agreement and that no other COUNTY revenues shall or may be utilized to meet the COUNTY's obligations hereunder. If, for whatever reason, the funds pledged by the COUNTY to this program should become unavailable, this Agreement may be terminated immediately, at the option of the COUNTY, by written notice of termination to SANFORD as provided hereinafter. The COUNTY shall not be obligated to pay for any services provided or costs incurred by SANFORD after SANFORD has received such notice of termination. In the event there are any unused COUNTY funds, SANFORD shall promptly refund those funds to the COUNTY, or otherwise use such funds as the COUNTY directs. Section 9. Access to Records. SANFORD shall allow the COUNTY, its duly authorized agent and the public access to such of SANFORD's records 5 as are pertinent to all services provided hereunder, at reasonable times and under reasonable conditions for inspection and examination in accordance with Florida Statutes. Section 10. Liaison. SANFORD shall submit the original copies of the Request for Funds forms, the Narrative Progress Report form and any other required reports or correspondence to the following: Director Seminole County Convention & Visitors Bureau 1230 Douglas Avenue, Suite 116 Longwood, Florida 32779 Section 11, Notices. Whenever either party desires to give notice unto the other, it shall be given in writing by certified United States mail, with return receipt requested, and sent to: For COUNTY: Director Seminole County Convention & Visitors Bureau 1230 Douglas Avenue, Suite 116 Longwood, Florida 32779 For SANFORD: Brady Lessard, Mayor City of Sanford Post Office Box 1788 Sanford, Florida 32771 Either of the parties may change, by written notice as provided above, the person or address for receipt of notice. Section 12. Assignments. Neither party to this Agreement shall assign this Agreement, nor any interest arising herein, without the written consent of the other. Section 13. Entire Agreement. (a} It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect 6 between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. Section 14. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, SANFORD shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to SANFORD as provided hereinabove. Section 15. Conflict of Interest. (a) SANFORD agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the COUNTY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (b) SANFORD hereby certifies that no officer, agent or employee of the COUNTY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%) either directly or indirect- ly, in the business of SANFORD to be conducted here, and that no such person shall have any such interest at any time during the term of this Agreement. (c) Pursuant to Section 216,347, Florida Statutes, SANFORD hereby agrees that monies received from the COUNTY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any 7 other State or Federal Agency. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed on the day and year first above written. ATTEST: CITY OF SANFORD J 6 erk or Date: ATTEST: BOARD OF COUNTY COMMISSIONERS S~NTY, FLORIDA C o~o~~ B y: __ MORSE Daryl G. ~ng~h~irman to the Board of ' issioners of Date: Seminole County, Florida For the use and reliance As authorized for execution by of Seminole County only. the Boardlee~Cngunt~ Commissioners g softball Attachments: Exhibit "A" - Project Expenses Exhibit "B" - Request For Funds Form Exhibit "C" - Narrative Progress Report Form PROJECT EXPENSES: Provide an itemized summary indicating the intended use of TDC funds. Please be as explicit as possible, includinE intended publications, promotional materials, etc. and how much money will be expended (tentatively) for each' category. Use additions/sheets if necessary~ Intended Util~ation of Tourist Tax Funds ASA $ 7,500 printing/advertising $ 200 $ $ $ 'Total Tourism Funds: $ 7,7 0 0 Other Project Expenses awards $ i , 500 field maintenance $ 2,000 personnel expenses $ 5,000 umpire expenses $ 1,000 fees/insurance $ 1 , 250 ice/water/lunches/meeting supplies $ 2,300 misc. 2,400 Total O~her Project Expenses $ 15 ,.450 TOTAL PROJECT EXPENSES $ 15 , 4 5 0 Profit (Loss) $ 20,650 13 EXHIBIT "B" REQUEST FOR FUNDS' 'F~RM SEMINOLE COUNTY TOURISM DEVELOPMENT EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE REQUEST PERIOD FROM TO REQUEST NUMBER ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTP~CT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records. Consistently applied and maintained and that the costs shown have been made for the purpose of an in accordance with, the terms of the contract. The funds requested are for reimbursement of actual costs made during this time period. S I GNATURE TITLE INSTRUCTIONS FOR COMPETING THE RE~EST FOR FUNDS FORM FUNDS CAN ONLY BE REIMBURSED WHEN THIS FORM IS SUBMITTED tO the Seminole County Tourism Development Departmen~ and it is completed correctly and required documentation attached. Allow at least 30 days for reimbursement. If this form is not completed ccrrectly and/or required documentation is not attached, reimbursement will be delayed or denied. EVENT NAME: , The name of the event your organization is requesEing reimbursement (if applicable). ORGANIZATION: Your organization name. ADDRESS: The address the reimbursement check should be sent. CONTACT PERSON: The person who is responsible for the request. TELEPHONE NUMBER: The number of the contact person. REQUEST PERIOD: Beginning and ending date of the request period. CONTRACT AMOUNT: The total of the contract with Seminole County. REQUEST #: The sequential number of this request. INTERIM/FINAL: indicate what type of request this is. EXPENSE: The category of the expense for which you are requesting reimbursement. BUDGET: The amount budgeted for that expense from Exhibit "~' of the contract. REIMBURSEMENT: The amount you are requesting for reimbursement. TOTALS: Enter total for each column. CERTIFICATION: Type in name, title and date the certifying Officer of your organization signs request. EXHIBIT ~C" NARRATIVE PROGRESS ' R~PORT SEMINOLE COUNTY TOURISM DEVELOPMENT 1230 Douglas Avenue, Suite 116 Longwood, Florida 32779 REPORT PERIOD FROM TO ORGANIZATION N~E; EVENT NAME ADDRESS CONTACT PHONE ) ( ) INTERIM REPORT ( ) FINAL REPORT Please describe below the status of your event, including the final completion date and status of each of the promotional elements for which you will be requesting reimbursement (refer to Exhibit "A"). Use additional sheets, if necessary. Please indicate the total expenditures your organization plans to make in Seminole County, such as advertising and promotion, for this event. (For Final Report Only) Please indicate the economic impact generated by your event. # of hotels used ~ of hotel room nights ~ of out-of-town participants ~ of out-of-town fans ~ of out-of-town media INSTRUCTIONS FOR COMPLETING NARRATISFE PROGRESS REPORTS A Narrative Progress Report is to be submitted to the Tourism Development office along with your request/S) for reimbursement. This report is considered an "interim report" when it accompanies any reimbursement request other than the final request. If the first request the final request (i.e., one and the same), then that request is considered ~Final~ and the Narrative Progress Report would be considered a ~'Final Report," to accompany the final request for reimbursement. The Narrative Progress Report should be completed as follows: REPORTING PERIOD: indicate the period the report covers. ( ) INTERIM ( ) FINAL Indicate what report you are submitting. Answer the questions as completely as possible. For an interim report, use projections. For a final report, please use actual figures. Please call the Tourism Development Office if you have any questions in completing the report. It is.important these reports be submitted in a timely manner in order that progress reports can be made to the Tourism Development Council.