TOURISM GRANT FUNDING AGREEMENT

THIS AGREEMENT, by and between ________________________________(Recipient) and Visit Delavan, is hereby entered into for purposes of Tourism Grant funding. It is mutually agreed upon and understood by both parties that the following shall constitute the entire agreement between them:

1) Description of approved project / program: Project. The Application for funding corresponding to this project / program is attached hereto and incorporated as part of this Agreement. The specific promotional items that are covered in this grant award are listed in the attached Promotional Budget. Recipient acknowledges that this project / program complies with Wis. Stats. Sec. 66.0615.

2) The amount of Tourism Grant Funding allocated to the Recipient is: $TBD, which amount will be paid within ten (10) days of the execution of this Agreement, or after the City of Delavan Tourism Commission releases the grant funding for year, whichever is later.

3) As a condition of receiving the funds, the Recipient agrees to:

a) Complete the project / program within the time stated in the Tourism Grant Application for which funds are awarded or file with Visit Delavan, by December 31 of the year for which funds are awarded, a written request to allow for the carryover of funds if, due to circumstance beyond the control of the Recipient, the project / program cannot be completed in the year in which the funds are awarded. Carryover of funds is strongly discouraged. If the carryover is not approved, the remaining funds must be returned to Visit Delavan within 30 days (January 30) of the following year unless otherwise extended by Visit Delavan.

b) Complete a Final Report and provide supporting documentation within sixty (60) days of the completion of the project / program.

c) In the event that all of the above-described funds are not used for the purposes set out in Section 1 of this Agreement by December 31 of the year the project / program is completed, and in accordance with all terms and provisions hereof, Recipient agrees to refund any amounts to Visit Delavan which were not used in accordance with these terms by January 30 of the year following completion of the project / program.

d) Provide any and all financial information that may be requested by Visit Delavan, including, but not limited to, an accounting of the use of the funds, and documentary proof that said funds were used for the stated purpose.

e) Maintain accounting records for all expenditures in accordance with generally accepted accounting practices for a period of four years from the termination date of the Agreement, which records shall be subject to audit by Visit Delavan or its contracted auditor.

f) Ensure that any marketing supported by the Tourism Grant shall acknowledge the financial support of Visit Delavan unless otherwise approved by Visit Delavan’s representative. Anything produced after receiving notification of grant award must abide by this provision.

3) The Recipient further acknowledges that:

a) This Agreement is not assignable, and any funds received as a result of this Agreement shall only be used by the Recipient for the purposes for which the funds were approved.

5) Recipient covenants and agrees to fully indemnify and hold harmless, Visit Delavan and all of its employees, officers, directors, volunteers and representatives, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, arising out of, resulting from or related to Recipient’s activities under this Agreement.

6) Recipient shall not engage in employment practices which have the effect of discriminating against any employee or applicant for employment and will take affirmative steps to ensure that applicants are employed, and employees are treated during employment without regard to their race, color, religion, national origin, sex, age, handicap, or sexual orientation.

7) Recipient agrees and understands that, it and all persons designated by it to provide services in connection with this Agreement, shall be deemed to be an independent contractor(s), responsible for its respective acts or omissions, and that Visit Delavan shall in no way be responsible for Recipient’s actions, and that none of the parties hereto will have authority to bind the others or to hold out to third parties, that it has such authority.

8) The signer of this Agreement for Recipient represents, warrants, assures and guarantees that he or she has full legal authority to execute this Agreement on behalf of Recipient and to bind Recipient to all of the terms, conditions, provisions and obligations herein contained.

9) Noncompliance by the Recipient of any provision of this Agreement will be considered by Visit Delavan when evaluating any future funding request.

AGREED TO this_____day of _______________, 20__.

RECIPIENT

By: ____________________________ _________

Name Date

Organization

By: ____________________________ _________

Executive Director Date