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1030-04 USA ISA Slow Pitch WorlCo ry / 0 3 v 2004 USA ISA SLOW PITCH WORLD SERIES AGREEMENT THIS AGREEMENT is made and entered this day of - tea A � N 2004, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, co CD 1101 East First Street, Sanford, Florida 32771, hereinafter referred to C9 6 as "COUNTY," and the CITY OF SANFORD, a Florida municipal corporation, CN whose address is Post Office Box 1788, Sanford, Florida 32771, hereinaf- ter referred to as "SANFORD" W I T N E S S E T H: 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 continue operation of the Stadium for hosting the 2004 ISA Slow Pitch CERTIFIED COPY MARYANNE MORSE CLERK OF CIRCUIT COURT 1 B y�N�L�OLE COUNTY, DEPUTY CLERK World Series to be held in September 2004, 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, 2003, through September 30, 2004, 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 2004 ISA Slow Pitch World Series, 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 material for which reimbursement will be requested. 2 (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 2004 Nationals; the minimum number 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) After -event preliminary statistics for room nights and economic impact must be submitted to the COUNTY no later than thirty (30) days after the event. (g) A hotel poll reflecting an accurate accounting of room nights used for the event shall be conducted by SANFORD and submitted to the 3 COUNTY no later than one (1) week after the event. (h) SANFORD shall be required to have and maintain a website for the purpose of promoting tourism to and attendance at SANFORD's event. Said website shall be linked to the Seminole County Tourism website ( www.visitseminale.com ) and such link shall be maintained throughout the duration of this Agreement. (i) Failure to comply with or failure to meet the requirements of said Section, including time deadlines, shall result in termination of this Agreement and forfeiture of all financial assistance rendered to SANFORD by the COUNTY pursuant to this Agreement.. Section 4. Liability and Liability. (a) 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 (b) Insurance. (1) SANFORD shall furnish the COUNTY with a Certificate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by this Section (Commercial General Liability). The COUNTY, its officials, officers, and employees shall be named additional insured under the Commercial General Liability policy. The Certificate of Insurance shall provide that the COUNTY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be maintained by SANFORD, SANFORD shall provide the COUNTY with a renewal or replacement Certificate of Insurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. 0 (2) The Certificate shall contain a statement that it is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. In lieu of the statement on the Certificate, SANFORD shall, at the option of the COUNTY submit a sworn, notarized statement from an authorized representative of the insurer that the Certificate is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. (3) In addition to providing the Certificate of Insurance, if required by the COUNTY, SANFORD shall, within thirty (30) days after receipt of the request, provide the COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section. (4) Neither approval by the COUNTY or failure to disapprove the insurance furnished by SANFORD shall relieve SANFORD of SANFORD's full responsibility for performance of any obligation including SANFORD's indemnification of COUNTY under this Agreement. (5) Insurance Company Requirements Insurance companies providing the insurance under this Agreement must meet the following requirements: (A) Companies issuing policies must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida. (B) In addition, such companies other than those authorized by Section 440.57, Florida Statutes, shall have and maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to A.M. Best Company. 5 (C) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: 1) lose its Certificate of Authority, or 2) fail to maintain the requisite Best's Rating and Financial Size Category, SANFORD shall, as soon as SANFORD has knowledge of any such circumstance, immediately notify the COUNTY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as SANFORD has replaced the unacceptable insurer with an insurer acceptable to the COUNTY SANFORD shall be deemed to be in default of this Agreement. (6) Specifications Without limiting any of the other obligations or liability of SANFORD, SANFORD shall, at SANFORD's sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this Section. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the commencement of the event and shall be maintained in force until the Agreement completion date. The amounts and types of insurance shall conform to the following minimum requirements. (A) Commercial General Liability (i) SANFORD's insurance shall cover SANFORD for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) , as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. N (ii) The minimum limits to be maintained by SANFORD (inclusive of any amounts provided by an Umbrella or Excess policy) shall be as follows: LIMITS General Aggregate $Three (3) Times the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 (7) Coverage The insurance provided by SANFORD pursuant to this Agreement shall apply on a primary basis and any other insurance or self- insurance maintained by the COUNTY or the COUNTY's officials, officers, or employees shall be excess of and not contributing with the insurance provided by or on behalf of SANFORD. (8) Occurrence Basis The Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims -made basis. Section S. Billing and Payment. The COUNTY hereby agrees to provide funds to SANFORD up to a maximum sum of FIVE THOUSAND AND N01100 DOLLARS ($5,000.00) for placement of the tournament guarantee as provided above. 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 no later than ninety (90) days after the event. 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. Failure to file the Request for Funds form with the COUNTY within ninety (90) days of the event shall result in termination of this Agreement and forfeiture of all financial assistance 7 to be rendered to SANFORD by the COUNTY pursuant to this Agreement. (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 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 S. Unavailability of Elands. 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 0 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 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 9 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 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. 10 (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 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. 7 ATTE,SgT�:/� T � SANF By ANET DOUGHERTY, ity Cl k �BRADY �7LES�SAp� , Mayor 11 ATTEST: ORSE erk to the Board of County Commissioners of Seminole County, Florida For the use and reliance of Seminole County only. Approved as to form and legal suw Coun ttorney AC /1Pk 2/23/04 SANFORD -ISA SLOW PITCH BOARD OF COUNTY COMMISSIONERS EMINOLE COUNTY, FLORIDA By: DARYL G' Chairman Date: As authorized for execution by the Board of County Commissioners at their ;If _ 20 regular meeting/. Attachments: Exhibit "A" - Project Expenses Exhibit "B" - Request For Funds Form Exhibit "C" - Narrative Progress Report Form 12 EXHIBIT "A" PROJECT EXPENSES: Intended Utilization of Tourist Tax Funds ISA World i c— P ep 5 non Total Tourism Funds: $ 5,000 Other Project Expenses Printing & Misc. Supplies $ 500 Field Maintenance $ 2,000 Personnel $ 4,000 Total Other Project Expenses $ 6,500 TOTAL PROJECT EXPENSES $ 11,500 Profit (Loss) $ 0 13 /e FLORIDAS NATURAL CHOICE EXHIBIT " B" REQUEST FOR FUNDS SEMINOLE COUNTY TOURISM DEVELOPMENT 1230 DOUGLAS AVENURE, #112, LONGWOOD FL 32778 EVENT N ORGANIZA ADDRESS CONTACT PERSON TELEPHONE REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT 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 cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE EXHIBIT B SEMINOLE COUNTY CONVENTION AND VISITORS BUREAU 1230 Douglas Avenue #116 • Longwood, Florida 32779 • 407- 665 -2900 • 1 -800- 800 -7832 • FAX 407 - 665 -2920 INTERNET. http: / /www.visitseminole.com • E-MAIL: tourism@ co. semi nole.fl.us INSTRUCTIONS FOR COMPLETING THE REQUEST FOR FUNDS FORM FUNDS CAN ONLY BE REIMBURSED WHEN THIS FORM IS SUBMITTED to Contracts Manager at Seminole County Tourism Development Department. Allow at least 30 days for reimbursement. If this form is not completed correctly and /or required documentation is not attached, reimbursement will be delayed or denied. EVENT NAME: The name of the event for which your organization is requesting reimbursement (if applicable) ORGANIZATION: Your organization name ADDRESS: The address the reimbursement check should be sent CONTRACT 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 the type of request EXPENSE: The category of the expense for which you are requesting reimbursement BUDGET: The amount budgeted for that expense from Exhibit "A" of the contract REIMBURSEMENT: Amount you are requesting for reimbursement TOTALS: Enter total for each column CERTIFICATION: Name, title and date certifying officer of your organization signed request Exhibit B Instructions SEMINOLE COUNTY CONVENTION AND VISITORS BUREAU 1230 Douglas Avenue #116 • Longwood, Florida 32779 • 407 - 665 -2900 • 1- 800 - 800 -7832 • FAX 407 - 665 -2920 INTERNE http: / /www.visitseminole.com • E-MAIL: tourism@ co.seminole.fl.us savog EXHIBIT "C" FLORIDA'S NATURAL CHOICE NARRATIVE PROGRESS REPORT SEMINOLE COUNTY TOURISM DEVELOPMENT 1230 DOUGLAS AVENUE #116, LONGWOOD FL 32779 REPORT PERIOD FROM TO ORGANIZATION EVENT CONTACT PHONE ( ) INTERIM ( ) 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 EXHIBIT C SEMINOLE COUNTY CONVENTION AND VISITORs BUREAU 1230 Douglas Avenue #116 • Longwood, Florida 32779 • 407- 665 -2900 • 1- 800 - 800 -7832 • FAX 407- 665 -2920 INTERNET. http: / /www.visitseminole.com • E -MAIL: tourism@co.seminole.fl.us IIIIIIJ SM SEWDLE COUNTY FLOKIDAS NATURAL CHOICE INSTRUCTIONS FOR COMPLETING NARRATIVE PROGRESS REPORTS A Narrative Progress Report is required with every Request for Funds. These reports should be submitted to the Contracts Manager of the Tourism Development office. A Final Report which reviews the results of the entire project must be completed and included with your final request for funds. The Narrative Progress Report should be completed as follows: REPORTING PERIOD: Indicate the period the report covers ( ) INTERIM ( ) FINAL Indicate the 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 Contracts Manager (407) 665 -2905 if you have any questions in completing the report. EXHIBIT C INSTRUCTIONS SEMINOLE COUNTY CONVENTION AND VISITORS BUREAU 1230 Douglas Avenue #116 • Longwood, Florida 32779 • 407 - 665 -2900 • 1 -800- 800 -7832 • FAX 407 - 665 -2920 INTERNEr. http: / /www.visitseminole.com • E -MAiL: tourism@co.seminole.fl.us D Z O o. N N 0 C) N O J Q CD O N N O O Z, 0 0 0 0 0 0 0 o. o a c c � • � I i I � . 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