HomeMy WebLinkAboutMEMORANDUM OF UNDERSTANDING FOR COMMERCIAL AND RETAIL DEVELOPMENT BETWEEN AUGUSTA, GEORGIA AND THE DEVELOPMENT AUTHORITY OF RICHMOND COUNTY D/B/A AUGUSTA ECONOMIC DEVELOPMENT AUTHORITY •
Memorandum of Understanding
This Memorandum of Understanding(the Memorandum) is made on this ®C.-•p 3ifri
2017,by and between the Augusta-Richmond County Commission,of 535 Telfair Street,Augusta,
Georgia 30901, (hereinafter "the Commission") and the Development Authority of Richmond
County d/b/a Augusta Economic Development Authority, of 1450 Greene Street, Suite 560,
Augusta, Georgia 30901 (hereinafter referred to as "the Development Authority") (or together
referred to as the "Parties") for the purpose of achieving the various aims and objectives relating
to the Augusta Retail and Commercial Development Project(the"Project").
WHEREAS, the Commission and the Development Authority recognize the need that
additional effort be spent for recruitment of retail and commercial development within the
geographic area of Augusta, including traditionally underserved areas; and
WHEREAS, the Commission and the Development Authority desire to enter into this
Memorandum of Understanding in which the Parties will work together to create and manage the
Project;
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 Development Authority to create and manage this
Project.
2. The Project
The Project will consist of a joint effort of the Parties to promote and support retail and
commercial development in Augusta,to include historically underserved areas of the city.
3. Obligations of the Parties
The Parties acknowledge that a joint venture is created between them by this Memorandum
and both agree to work together to ensure united,visible and responsive leadership and to
provide
adequate financial,administrative and managerial resources for the success of the Project.
4. Cooperation
The activities and services supplied by the Parties for the Project shall include,but are not
limited to:
a. Services to be rendered by the Commission include:
Monitoring/Oversight-The monitoring and oversight of the activities and
strategies implemented under this Agreement shall be performed by an ad-hoc oversight committee
that includes three(3)members from the Commission or their designee and three (3)members of
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the Development Authority's Board of Directors. This oversight and monitoring shall include
employee hiring, firing, compensation, strategic direction, and evaluation. This committee shall
serve as the Commission's ability to idirectly input the needs of the Augusta constituency.
Monitoring/oversight described herein is reserved for the Project only and is not intended to be
interpreted as applying to the Development Authority normal operations.
Visioning - The Commission's vision of"Promoting the advancement of
Augusta's economic base,including underserved areas by coordinating and implementing projects
that support retail, small commercial and office development" will be utilized. Special attention
should be made to retaining and expanding existing businesses and recruiting new businesses.This
vision is dynamic and can be changed or adjusted by the Commission to meet the needs of the
Project.
Advisory Group Coordination—The Commission will appoint a technical
advisory group for the Project which will have regular meetings and report to the Committee. The
advisory group will include the Augusta Planning and Development Director or his/her designee,
the Augusta Housing and Community Development Director or his/her designee,a representative
of the Alliance for Fort Gordon,and a representative of the Board of Realtors, in order to evaluate
target areas and potential priority sites for development.
b. Services to be rendered by the Development Authority include:
Administrative Services - The Development Authority will provide day-
to-day management of the Project as well as the employee(s)hired to work the Project.
Marketing Services - The Development Authority will assist in the
marketing and promotion of the Project which will include website design and management,print
and other efforts to advance the Project;
Human Resources-The Development Authority will hire the employee(s)
to work the Project and will be responsible for the management of normal and customary HR
related items including payroll,vacation,sick leave, travel, etc.
5. Resources
The Parties will agree to fund the Project to fulfill the statedg oals to include:
a. The Commission agrees to provide all financial resources necessary for the
success of the Project;any funding will be based on the budgeting process with the City of Augusta
and can increase, decrease, or be discontinued with at least ninety(90) days' written notice to the
Development Authority. Funding and/or subsidies will include:
Personnel Funding - The Commission will provide funding to the
Development Authority for personnel costs to hire employees to meet the goals of the Project,
including the full costs of hiring, maintaining and termination of personnel (FICA, insurance,
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employment liability costs etc.). This funding may range from $60,000 to $150,000 depending
on the number of employees hired for the Project.
Economic Development Activity Funding - The Commission will offer
an allocation to the Development Authority as necessary for economic development activity to
meet the goals of the Project. This subsidy will range from $10,000 to $100,000 based on the
projected need and available funds.The Commission will provide or subsidize office space for the
Economic Development Authority to offset costs related to the Project.
b. The Development Authority agrees to provide the following facility,
technical and intellectual resources in support of the Project:
Workplace Accommodations - Adequate, administrative support and
supplies to include the normal and customary that are enjoyed by current Development Authority
employees.
Information/Database Access - Support and use of any Development
Authority owned or accessed information or databases that can provide advancement of the
Project.
Advice and Counsel - Support for the Project through meaningful and
consistent comments on strategy and tactics.
Industry Contacts - Support and introduction to all Development
Authority industry contacts that can provide advancement of the Project.
6. Communication Strategy and Confidentiality
Marketing efforts will be consistent with and will not breach any confidentiality protocols
of the industry. Otherwise, there will be a spirit of open and transparent communication between
the Parties. The marketing of the Project's vision, including all media and other public relations
will be consistent with the aims of the Project and only undertaken with the approval of the
Committee. The Project will coordinate communications with other organizations chosen by the
Committee to elicit support and further the goals of the Project.
7. Liability
Except as provided herein,no other liabilities will arise or be assumed between the Parties
in connection with this Memorandum or Project.
• 8. Dispute Resolution
In the event of a dispute between the Parties in the financial,administrative or management
of the Project,a special called meeting of the Committee will be convened to resolve such dispute.
Memorandum of Understanding Page 4
9. Term
This Memorandum shall remain in place from July _, 2017 until June 1, 2022. Either
Party may terminate this Memorandum by providing 60 calendar days' written notice to the other
Party. The term of the Memorandum can be extended only by agreement of the Parties.
10. 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 to the other in writing.
11. Governing Law
This Memorandum shall be construed in accordance with the laws of the State of Georgia.
12. Assignment
Neither party may assign or transfer the responsibilities under this Memorandum without the
prior written consent of the non-assigning party.
13. Amendment
This Memorandum may be amended or supplemented in writing, if the writing is signed
by the parties obligated under this Memorandum.
14. 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.
15. 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.
16. Understanding
It is mutually agreed upon and understood by and among the Partners of this Memorandum
that:
a. The Parties will work together in a coordinated fashion for the fulfillment
of the Project.
Memorandum of Understanding Page 5
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, both Parties will participate in the development of
the Project.
d. This Agreement does not become effective until such time funding is
approved by the Commission.
17. 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 Development Authority by Henry Ingram, Chairman.
Augusta,Georgia
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