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.