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HomeMy WebLinkAboutAUGUSTA METROPOLITAN CONVENTION BUSINESS BUERAU TOURISM Augusta Richmond GA DOCUMENT NAME: 'lffi4 "'OUrlSyYl G YZlt\-\- A5vt:e~+ DOCUMENT TYPE: Ac:Jr~(yt YEAR: L.-C:OY BOX NUMBER: L.\ FILE NUMBER: \"1 \L1 <t LQ NUMBER OF PAGES: . . The City of Augusta - Administrator's Office Regional Image Campaign 2004 TOURISM GRANT AGREEMENT TillS AGREEMENT made and entered into as of the day of , 2004, between AUGUSTA METROPOLITAN CONVENTION AND VISITORS BUREAU, INC., a Georgia non-profit corporation with its principal office at 1450 Greene Street, Suite 110, Augusta, Georgia 30901 ("AMCVB") and Augusta, Georgia, a political subdivision of the State of Georgia with its principal office at 530 Greene Street, Augusta, Georgia 3090 I (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 AMCVB 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 AMCVB under a contract with the City of Augusta. C. A Tourism Grant Committee composed of the mayor pro-tern of the City of Augusta and six members of the board of directors of AMCVB 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 a grant equal to $20,500 of the funds designated to the Tourism Grant Program in the year this Agreement is entered into 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 will not be allowed to apply for a subsequent grant 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). The Tourism Grant Committee further requires the funds to be spent as stated: Amount Use $13,000 Must be used for a print advertisement in the May 2004 issue of Attache magazine. $7,000 Must be applied towards approved CVB cooperative advertisin ro ams $500 Up to this amount may be applied to the required audit of ant funds $20,500 TOTAL 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 Metropolitan 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. Audit of Ae:ency's Grant Account. The grant account of the Agency shall be annually audited by an independent auditor or a qualified government auditor approved by AMCVB and may be paid out of the grant fund as a part of the expenses of the grant program administered by the Agency. The report of such audit shall be certified and delivered as part of the final report due at the completion of the project to the AMCVB within ninety (90) days after the completion of the event or festival. Programs and organizations must submit a completed final report and certified audit by January 31, 2005. The AMCVB, 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 Ae:reement. The term of this Agreement shall be for a period of one (1) year commencing on the 1 st day of January, 2004. 6. Indemnification. The Agency shall indemnify and hold AMCVB, 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 AMCVB being named as an additional insured in the mInImUm amount of One Million and no/1 00 ($1,000,000.00) Dollars. 8. Grant Recoe:nition. AMCVB 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 Metropolitan Convention and Visitors Bureau." 9. Assie:nment and Delee:ation. The Agency shall not assign any rights or delegate any duties hereunder without the prior written consent of AMCVB. 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. 11. Controlline: 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. Headine:s. The headings in this Agreement are for convemence 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. Bindine: 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. . . IN WITNESS WHEREOF, the parties have caused these presents to be executed by their duly authorized officers and their respective seals to be affixed as of the day and year first above written.. AMCVB: AUGUSTA METROPOLITAN CONVENTION AND VISITORS BUREAU, INC. By: its: ~~~ . as ATTEST: its: (CORPORATE SEAL) 'c /!d&'/)f$ as AGENCY: -A~u.-~.f4\ ~k as ATTEST: By:/k;t)Aif)11~g) its: crffiK as (CORPORATE SEAL) ~1b