HomeMy WebLinkAboutAUGUSTA METROPOLITAN CONVENTION BUSINESS BUERAU TOURISM
Augusta Richmond GA
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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.
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