The Town of Port Royal does not discriminate on the basis of disability in the admission to, access to, or operations of programs, services, or
activities. Qualified individuals who need accessible communication aids and services or other accommodations to participate in programs and activities are invited to make your needs and preferences known to the 504/ADA coordinator. If at all possible, please give us at least a three to five day advance notice so we can adequately meet your needs. 504/ADA coordinator at 843-986-2245
WHEREAS, the Town recognizes the tourism industry s contribution to the Town and the benefits that come from being a recognized tourism destination,
therefore the Town is committed to be- coming a first-class tourism destination, taking a leadership role in increasing tourism s contribu- tion to the sustainable growth and development of Port Royal; and
the Civil Rights Act of 1964, the age discrimination Employment Act of 1967, the Title I of the Americans with Disabilities Act of 1990, the Equal
Pay Act of 1963, the Fair Labor Standards Act of 1938, the Immigration Reform and Control Act of 1986, the South Carolina Wage Act, the South Carolina Worker s Compensation act, all laws related the South Carolina Accommodations Act, the South Carolina Non-Profit Corporation Act, and all laws administered and enforced by the South Carolina Department of Revenue and the Internal Revenue Service.
2.2. DMO Report. The DMO agrees to produce and deliver to the Town a schedule of rev- enues and expenses for each fiscal year (the Report ). The DMO
Report revenue shall include all accommodations taxes received from the Town and/or the State of South Carolina. The report will be delivered with a statement signed by the President and the Board Chair stating that the re- port is accurate and complete.
2.5 Promotional Fund. The CVB as DMO agrees to manage and direct the expenditure of the Promotional Fund pursuant to the requirements herein, in
compliance with SC law, Town policy and good business practices. For purposes of this Agreement, the Promotional Fund shall be those Accommodations Tax collected within the boundaries of the DMO area for which the CVB
is DMO as previously described herein. The CVB shall be eligible to apply for annual supplemen- tal grants from the Accommodations tax pool, from the
emergency fund established by the Town and any fund created by pooling hospitality funds. All Town funds received by the CVB will shall be subject to auditing and reporting requirements of this Agreement.
2.6 Process: The CVB shall submit a budget of planned expenditures as part of its Promotional and Marketing plan. The budget will be provided not
more than 90 days after Council notifies CVB of the amount of funds available to CVB from the collections by Town. The budget shall be approved before submittal by CVB Board of Directors The Town has a Board seat as part of CVB by-laws. Town may appoint a Member of its choosing consistent with CVB By-laws with qualification determined by the Town. Appointee may not hold an elected public office while serving as a voting member of the CVB Board of Directors. Government appointments shall be dedicated to the promotion of travel and tourism in Northern Beaufort County.
2.8 Legal Opinion. If after good faith efforts, the Town and CVB are unable to agree that all ex- penditures from the Promotional Fund are in
compliance with the then current requirements South Carolina Code Section 6-4-10(3) then the parties shall jointly select and retain a law firm to deliver a third party opinion that such expenditures are in compliance with South Carolina Law governing such expenditures. The legal opinion form and content shall adhere to the guidelines, to the extent applicable, of the South Carolina Third Party Legal Opinion Report approved by the Corporate, Banking and Securities Delegates of the South Carolina Bar on January 22, 2015. The Legal Opinion shall be borne by the party that does not prevail in the dispute.
3.1 DMO Standard. The Town and the CVB agree that Destinations International ( DI ) is the industry leader is setting standards and accreditations
with regards to destination marketing or- ganizations. The CVB agrees to maintain operational standards in accordance with DI during the term of this Agreement unless earlier termination provided herein. The Town agrees to encour- age all organizations receiving DMO funding be required to meet this minimum standard.
the date executed by both parties and shall continue for a period of 5 years to end on June 30th, 2025. Unless earlier terminated as provided herein,
the Agreement shall extend for 1 additional year each June 30 so the Agreement functions as a rolling 5-year Term Agreement. Expiration. Either party may elect to terminate the agreement after June, 2026 by providing the other party notice in June of the year preceding the year in which termination is desired. Requirements of termination notice shall include: A description of the reason the party desires to terminate the Agreement plus the following: If by CVB, a summary description of how transfer of responsibili- ties will be managed. If by Town, a description of the process and requirements that will apply to selecting a successor DMO to assume the responsibilities including a timetable indicating when a replacement DMO has been approved.
8.1 If the CVB fails to perform those tasks the CVB has agreed to perform herein, the Town shall provide written notice to the CVB of the deficiency
and the CVB shall have one hundred eights (180) to cure the deficiency. If the deficiency is not cured and the CVB has not presented a plan for cure that is acceptable to the Town, then Town shall have the right to terminate the contract by providing ninety (90) day written notice to the CVB. In addition, the Town shall have the right to terminate the Agreement by providing ninety (90) day notice if the auditor or DMAI determines fraud has occurred in the operation of the CVB.
10.4 Merger Amendment and Waiver: Except as herein noted, this Agreement contains all the terms of all agreements, oral and written, between the
parties, and is the only document contain- ing all such terms Except as herein noted, this Agreement merges all prior discussions, negotia- tions, contracts, agreements and understandings between the Town and the CVB concerning the subject matter described herein. This Agreement may only be amended or varied by a written instrument signed by a duly authorized signatory of the Town and the CVB. Forbearance by ei- ther party from enforcing the strict terms of this Agreement shall not be a waiver of any term of this Agreement, nor shall forbearance entitle the other party to rely upon such forbearance in the future. Exceptions: The CVB is encouraged to apply for Town Funding from the portion of 2 Atax, 3 Atax, hospitality tax (Htax) and such programs as the counties offers now or in the future to support tourism. To the extent the CVB receives funds from any of those programs, the terms and conditions of such funding will be as determined in the grant making process and shall not be governed by this Agreement nor shall such grant relieve the CVB of its obligations agreed to herein.