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Home My WebLink AboutNEWMAN TENNIS CENTER 2018 TOURISM GRANT AGREEMENT NEWMAN TENNIS CENTER 2018 TOURISM GRANT AGREEMENT THIS AGREEMENT made and entered into as of the 15th day of March, 2018, 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, (the "Agency"). IT IS RECITED: A. The City of Augusta has established the Tourism Grant Program to enhance visitor and tourism promotion efforts in Augusta. 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-tern 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 2018 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 unless otherwise amended pursuant to section(10) 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). The Tourism Grant Committee further requires the funds to be spent as stated: Amount Use Projects $4,000.00 Flyer design and printing $2,880.00 Postage for out-of-area mailings $6,880.00 Projects Sub-Total $6,880.00 Grand Total The programs and projects listed above must be completed within the dates specified in this agreement. 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. The Agency must provide membership and sponsorship benefits equal to the grant award to the ACVB. 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 Friday, December 28, 2018. Programs and organizations must submit a completed final report by Friday, January 25,2019. 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 1st day of January 2018. 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, 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 digital projects, excluding CVB approved cooperative programs, to utilize the Augusta Tourism logo and web address VisitAugusta.com. The ACVB will provide you with a copy of the logo. Additionally, a reciprocal link to the VisitAugusta.com website is required on the grantee's website, to be located preferably on the front or homepage. In the case of social media where limited space is available to include the Augusta Tourism logo and VisitAugusta.com, tag the ACVB within the post by using the appropriate ACVB social media handle for that medium. 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,signed by an executive officer of the respective parties and attached to this Agreement. No request for modification will be granted after close of business Friday, October 12th, 2018. 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. 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, INC By: as its: nterim resid nt and CEO A•i:VT� is' IA as its: Vice ''dent of Marketii g and Sales Signed, sealed and delivered in the presence of: AUGUSTA RECREATION : ► I 'ARKS AdiBy: ,Q as its: J• if',4 'e." D v' g---,-, /tliyfry ..",..... , ....."....,/ „...",-..„,,.y B /4.1,1 , � �� '. 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