HomeMy WebLinkAbout2010 TOURISM GRANT AGREEMENT AUGUSTA RECREATION DEPARTMENTAugusta Recreation Department
2010 TOURISM GRANT AGREEMENT
THIS AGREEMENT made and entered into as of the day of 1 � 2010,
between AUGUSTA CONVENTION AND VISITORS BUREAU, INC., a Georgia non-
profit corporation with its principal office at 1450 Greene Street, Suite 110, Augusta,
Georgia 30901 ( "ACVB ") and Augusta Recreation Department, a Georgia non - profit
corporation with its principal office at 2027 Lumpkin Road, Augusta, GA 30916 (the
"Agency ").
IT IS RECITED:
A. The City of Augusta has established the Tourism Grant Program to
enhance visitor and tourism promotion efforts within the metropolitan Augusta area. The
City of Augusta and the ACVB designate recipients of grants in order to promote activities,
attractions and special events expected to foster local economic development and to create
positive economic impact through tourism.
B. The Tourism Grant Program is administered by the ACVB under a
contract with the City of Augusta.
C. A Tourism Grant Committee composed of the mayor pro -tem of the
City of Augusta and six members of the board of directors of ACVB receives applications
for grants and designates the recipients thereof.
D. The Agency has applied for and been selected to receive a grant under
the Tourism Grant Program and the parties desire to enter into this Agreement for the
purpose of establishing the terms and conditions of the grant.
IT IS, THEREFORE, AGREED AS FOLLOWS:
1. Grant of Funds The Agency is hereby designated as a grant recipient to
receive 2010 Tourism Grant funds to be applied and expended as provided herein below.
All funds granted hereunder must be utilized and expended during the term of this
Agreement. The Agency may not receive subsequent grants until its project described
herein has been completed, its grant account has been audited as required herein and its
final report has been received and approved by the tourism grant committee. If an
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organization or event does not complete the program described herein, or if the
organization ceases to exist during the tenure of this agreement all grants or a portion there
of must be refunded.
2. Purpose of Grant The sums granted hereunder shall be used and expended
for the purposes and in accordance with the specifications and budgets contained in the
Agency's Tourism Grant Application (the Application).
The Tourism Grant Committee further requires the funds to be spent as stated:
$2,300 Printing and out of market distribution of a facilities guide for new tennis
courts at Diamond Lakes
$2,300 1 TOTAL
Grant awards are estimates only and may vary slightly depending on final lodging tax
collections for 2009.
The Tourism Grant Committee may also require access to ten percent of the total quantity
of printed materials paid for by the grant for distribution by the Augusta Convention and
Visitors Bureau.
3. Acceptance of Grant The Agency hereby accepts the grant in trust for
public educational or benevolent uses and purposes contained in the Application and
guidelines attached hereto as Exhibit "A."
4. Final Report and Agreed Upon Procedures of Agency's Grant
Account The grant account of the Agency shall be annually audited by an independent
auditor or a qualified government auditor selected by the ACVB. The ACVB shall pay for
all costs associated with the agreed upon procedures through the Tourism Grant. The
Agency must provide all materials requested by the selected firm by December 30, 2010.
The Agreed Upon Procedures Report shall be certified and delivered by the firm as part of
the final report due at the completion of the project to the ACVB within ninety (90) days
after the completion of the event or festival. Programs and organizations must submit a
completed final report by January 31, 2011. Failure to submit the materials for the agreed
upon procedures and final report by the deadline is unacceptable and may result in penalties
up to and including a full refund of grant funds.
The ACVB, its officers, agents and attorneys, shall have, at all reasonable
times during business hours, the right to inspect the books, vouchers and records of the
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Agency that pertain in any way to the grant fund, its management, or the distribution and
application of its principal and income.
5. Term of Agreement The term of this Agreement shall be for a period
of one (1) year commencing on the 1 st day of January, 2010.
6. Indemnification The Agency shall indemnify and hold ACVB, its
officers, directors, employees, agents and attorneys, harmless from and against:
(a) any and all claims arising from contracts between the Agency and any
third parties made pursuant to this Agreement;
(b) any and all claims, liabilities or damages arising from the preparation or
presentation of any advertising made pursuant to this Agreement; and
(c) any and all claims, liabilities or damages arising from any program,
festival or event initiated as a result of or connected with this
Agreement, including costs of litigation and counsel fees.
7. Insurance The Agency shall, at its own expense, during the term of
this Agreement, continuously maintain in force a public liability policy for the benefit of
the Agency and with ACVB being named as an additional insured in the minimum amount
of One Million and no /100 ($1,000,000.00) Dollars.
8. Grant Recognition The ACVB requires all printed and electronic
projects, excluding CVB approved cooperative programs, to utilize the Augusta Tourism
logo and web address; www.AugustaGA.org The ACVB will provide you with a copy of
the logo. Additionally, a reciprocal link to the www.AugustaGA.org is required on the
grantee's website, to be located preferably on the front or home page. Furthermore, the
ACVB shall be entitled to require the Agency to include the following on all of its printed
advertising and collateral materials and broadcast media tag lines, to -wit:
"Funded in part by a grant from the City of Augusta and The
Augusta Convention and Visitors Bureau."
9. Assignment and Delegation The Agency shall not assign any rights or
delegate any duties hereunder without the prior written consent of ACVB.
10. Modification This writing contains the entire agreement of the parties.
No representations were made or relied upon by either party, other than those that are
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expressly set forth herein or attached hereto in Exhibit "A." No agent, employee or other
representative of either party is empowered to alter any term of this Agreement unless done
in writing and signed by an executive officer of the respective parties.
11. Controlling Law The validity, interpretation and performance of this
Agreement shall be controlled by and construed under the laws of the State of Georgia.
12. Waiver The failure of either party to this Agreement to object to or to
take affirmative action with respect to any conduct of the other which is in violation of the
terms of this Agreement shall not be construed as a waiver of the violation or breach or of
any future violation, breach or wrongful conduct.
13. Notices All notices pertaining to this Agreement shall be in writing and
transmitted either by personal hand delivery or through the United States Postal Service,
certified or registered mail, return receipt requested. All notices shall be sent to the
addresses set forth above for the respective parties, unless either gives written notice of a
change of address.
14. Time Time is of the essence of this Agreement.
15. Headings The headings in this Agreement are for convenience only
and shall not be used to interpret or construe its provisions.
16. Counterparts This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
17. Binding Effect The provisions of this Agreement shall be binding
upon and inure to the benefit of each of the parties and their respective approved successors
and assigns.
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IN WITNESS WHEREOF, the parties have caused these presents to be executed by
their duly authorized officers and notarized as of the day and year first above written.
AUGUSTA CONVENTION &
VISITORS BUREAU, INC. ,,,
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Signed, sealed and delivered in the
presence of:
AUGUSTA RECREATION DEPARTMENT
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