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Home My WebLink AboutMOU BETWEEN AUGUSTA, GA AND GREATER AUGUSTA ARTS COUNCIL REGARDING THE IMPLEMENTATION OF THREE GATEWAY SCULPTURES Memorandum of Understanding Between Augusta, Georgia 535 Telfair Street Augusta, GA 30901 (Hereinafter"the Commission") And The Greater Augusta Arts Council 1301 Greene Street Augusta, GA 30904 (Hereinafter"the Council") This Memorandum of Understanding ("MOU") is made on this 20`""day of , 2019, by and between the Commission and the Council for the purpose of planning, executing and managing the installation of Gateway Sculptures. WHEREAS, the Commission and the Council recognize the need that additional effort be spent on the development and establishment of public art projects within the geographic area of Augusta to engage in cultural enrichment activities, including traditionally underserved areas; and WHEREAS, the Commission and the Council desire to enter into this Memorandum of Understanding in which the Parties will work together to create and manage the procurement and installation of the Gateway Sculptures; NOW, THEREFORE, in consideration of the above premises, and for other good and valuable consideration, the Parties agree as follows: 1. PURPOSE The purpose of this Memorandum is to provide the framework for the understanding and cooperation between the Commission and the Council to plan, create, develop, manage and establish the Gateway Sculptures. The Gateway Sculptures will elevate the arts in the community and support economic development efforts already underway. The process of procuring the sculptures will increase the visibility of Augusta on the national arts scene, and help bring additional arts investments to the city. The community engagement central to the development and installation of the artworks will promote the abilities of Augusta's local artists so that they may better compete for these opportunities at home and abroad. The installed sculptures will become icons that enrich the Augusta landscape and local culture. 2. THE GATEWAY SCULPTURES Three monumental sculptures will be custom designed and installed by nationally renowned artists at key entry points to the City. The artists will be selected through a competitive process that prioritizes proven experience with the construction process of large sculptures and aesthetics that celebrate the unique sense of place available in Augusta. The sites will be identified along key transportation corridors with the assistance of Georgia Department of Transportation. The design process will include events to engage the community and provide a sense of ownership in this public artwork. The construction process will be informed by Georgia Department of Transportation as well as key Augusta, GA departments, such as Engineering. 3. OBLIGATIONS OF THE PARTIES The Parties acknowledge that a joint project is created between them by this Memorandum and both agree to work together to ensure united, visible and responsive leadership and to provide adequate administrative and managerial resources for the success of the Gateway Sculptures. The parties will work closely together to succeed in their joint venture. a. Services to be rendered by the Commission include: I. Funding - The Commission has approved $1,000,000 for Gateway Sculptures in the 2017 SPLOST. The project budget is provided in schedule A. II. Procurement—Augusta, GA will lead the procurement of the sculptures. III. Final Approval - The Commission will, based on and in consideration of recommendations made by the Council, decide on final sculpture plans, locations, and/or designs before implementation and/or installations. IV. Ownership and Maintenance — Upon completion, the sculptures will be the property and responsibility of Augusta, GA for the purpose of public display and cultural enrichment. b. Services to be rendered by the Council include: I. Administration —The Council will coordinate tasks and timelines to ensure successful installation of three (3) Gateway Sculptures in accordance with the Augusta Public Art Master Plan. II. Marketing - The Council will utilize appropriate marketing channels to promote the sculptures and all associated events. This includes but is not limited to the prescreening of artist apprentices, and the development and implementation of events highlighting sculptures. III. Coordination —The Council will coordinate the various parties involved in the successful completion of this project, including but not limited to the public, press, artists, local art community, GADOT, and any other stakeholder or participant. This process will be facilitated by the Augusta Recreation and Parks Department. 5. INDEMINIFICATION Each party to this MOU shall assume the responsibility and liability for the acts and omissions of its own employee, deputies, officers, or agents, in connection with performing any obligations and/or responsibilities under this MOU. For liability purposes, neither party shall be considered the agent of the other party. 6. TERM / PROJECT DURATION This MOU is at-will and may be modified in writing by mutual consent of authorized officials from the Commission and the Council. This MOU shall become effective upon signature by the authorized officials from the Commission and the Council and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from the Commission and the Council, this MOU shall end 60 calendar days after a written notice to the other party has been provided by one party. 7. NOTICE Any notice or communication required or permitted under this Memorandum is sufficient if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished the other in writing. 8. GOVERNING LAW This Memorandum shall be construed in accordance with the laws of the State of Georgia. 9. ASSIGNMENT/TRANSFER OF RESPONSIBILITIES Neither party may assign or transfer the responsibilities under this Memorandum without the prior written consent of the non-assigning party. 10. SEVERABILITY If any provision of this Memorandum is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Memorandum is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 11, NO THIRD PARTY BENEFICIARY RIGHTS. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. 12. PRIOR MEMORANDUM SUPERSEDED This Memorandum constitutes the entire agreement between the Parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and Memorandums, whether written or oral. 13. UNDERSTANDING It is mutuallyagreed upon and understood byand amongthe Parties of this g P Memorandum that: a. The Parties will work together in a coordinated fashion for the fulfilment of this joint venture. b. In no way does this Memorandum restrict the Parties from participating in similar agreements with other public or private agencies, organizations, and individuals. c. To the extent possible and reasonable, both Parties will participate in the development of this joint project. 14. SIGNATORIES This Memorandum is executed the day and year first above written on behalf of Augusta-Richmond county Commission by its duly authorized officials Mayor Hardie Davis, Jr. and its Clerk of Commission and on behalf of the Greater Augusta Arts Council by (enter names and titles here). AGREED TO BY: AUGUSTA, GEORGIA 4 P‘t°1' By: 4Hardie Davis, ., Mayor , � tiM0�Aa 1 et als„ a ., '1,�� 1 Date: ' , r i ,:i3 : $ ; ; / a t Attest: ��P // ///�, c ° .9 Lena J. Bt". er, Clerk of Co ,missio";d. -%.........." ` CEottC$i sem ` 4 i wale, i The Greater Augusta Arts Council _.-- _ -.-- "'"` ,'';,,``` By: ht1/..t ) i,---)' Date: Project Budget Schedule A Description Quantity Amount Total Gateway Sculptures 3 225,000 675,000 Secondary Gateway Sculptures 1 173,000 173,000 Maquette Purchase 3 9,000 27,000 Administrative 1 50,000 50,000 Project Implementation & Marketing 1 75,000 75,000 Total 1,000,000