HomeMy WebLinkAbout2010 TOURISM GRANT AGREEMENT NEWMAN TENNIS CENTERNewman Tennis Center
2010 TOURISM GRANT AGREEMENT
. THIS AGREEMENT made and entered into as of theVo day
of 9) --�, 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
Newman Tennis Center, a Georgia non - profit corporation with its principal
office at 3103 Wrightsboro Road, Augusta, Georgia 30909 (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.
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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
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).
Newman Tennis Center will maintain an updated landing page /website for
click thru's from the banner ad. This will also serve as your tracking
mechanism for the project.
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.
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The Tourism Grant Committee further requires the funds to be spent
as stated:
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 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;
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(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.AuizustaGA.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 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.
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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.
Signed, sealed and delivered in the
presence of:
AUGUSTA CONVENTION &
VISITORS BUREAU -4NC.
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