HomeMy WebLinkAboutMOU BETWEEN AARP AND AUGUSTA, GEORGIA (AMERICAN ASSOCIATION OF RETIRED PERSONS) AND AUGUSTA RECREATION AND PARKS DEPARTMENT- GRANT AGREEMENT September 12,2018
MEMORANDUM OF UNDERSTANDING
Grant Agreement
This MEMORANDUM OF UNDERSTANDING("Agreement")serves as an agreement between AARP,a social
welfare organization located at 601 E Street, NW,Washington,DC 20049 and Augusta Recreation and Parks
Department,another Unit of Government located at 2027 Lumpkin Rd.Augusta,GA 30906("Organization").
Whereas,AARP wishes to grant Organization funding for the purposes set forth herein,and Organization wishes
to perform the grant activities described herein. Therefore,the parties agree as follows:
AARP Grant Terms and Conditions. AARP shall provide Organization with grant funding of$13,750.00("Grant
Funds")for the purpose of creating vibrant public places through park enhancements("Goal")so that
Organization may perform the activities described herein between July 15,2018 and November 5,2018
("Grant Period"). Payment shall be provided according the schedule herein,and subject to the following
terms and conditions:
a. Grant Fee Schedule. AARP shall disburse Grant Funds to Organization,according to the schedule
below. Following the initial disbursement,each disbursement is contingent upon approval by AARP
given commensurate with progress towards Organization's Goal,as demonstrated in any
programmatic and financial reports and as determined in AARP's sole discretion.
i. AARP will provide a one-time payment of$13,750.00
b. Scope of Grant and Anticipated Activities to be Funded. Organization shall use the Grant Funds to
undertake the following activities and achieve the following deliverables(collectively"Grant
Activities"):
i. The Organization will purchase and install five(5)benches,five(5)stationary bollards,
and five(5)folding bollards at key locations of vehicular access to the outdoor courts,
walking tracks and playgrounds at Henry H.Brigham Park to ensure park users are safe
from vehicular access.Maintenance crews will have access for mowing,mulching,and
other routine maintenance.
ii. The Organization will plant eight(8)street trees between the walking track and Golden
Camp Road,which is busy thoroughfare located ten feet from the walking trail;plant
twelve(12)shade trees at key locations throughout the park to provide a cooler
environment;and better delineate the interior of the park from the surrounding
roadways.
iii. The Organization will partner with Age-Friendly Augusta to pilot an outdoor Tai Chi
program consisting of at least five(5)classes.Participation data will be collected to
determine longer-term program continuation,frequency,and possible expansion.
Publicity will consisting of flyers, Facebook posts,and announcements at area
community meetings.
iv. Project(s)will be complete by November 5,2018.
v. All AARP-approved promotional materials(such as newsletters,press releases)will
include a statement about funding support from AARP.
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vi. Event and/or site signage will include AARP-provided branding and language.
vii. Organization will send After Action Report with visuals(photos and/or video)to AARP
national office by December 3,2018. Instructions on submitting the report will be sent
to grantees in September.
c. Reporting Requirements. Grantee shall submit a financial and programmatic report to AARP within
thirty(30)days of the expiration of the Grant Period,detailing all progress or achievement of the
activities described herein. The report shall include an itemized listing of any and all expenditures
and draw-downs of the Grant Funds made during the Grant Period.
d. Documentation and Right to Audit. Organization shall retain invoices,receipts,accounting records
and other supporting documentation for at least five(5)years following the expiration of the Grant
Period. Organization shall maintain books and records consistent with generally accepted
accounting principles and good business practices. AARP retains the right to audit Organization's
books and records upon reasonable notice,for the limited purpose of confirming that funds are
expended and drawn down solely to conduct Grant Activities and in accordance with the terms of
this Agreement.
2. Permissible Use of Funds,Repayments,and Refunds. Organization shall use the Grant Funds exclusively for
the performance of Grant Activities. AARP retains the right to receive an immediate refund of all improperly
expended or unearned funds,as determined in AARP's sole reasonable discretion,from Organization upon
written demand. If Organization anticipates a change in the scope or direction of Grant Activities,it must
procure prior written approval from AARP before expending Grant Funds for any activity not specifically
detailed herein. Furthermore,upon the expiration of the Grant Period or if Organization fails to comply
with any term of this Agreement,Organization agrees to return any unexpended portion of the Grant Funds
in Organization's possession upon written demand from AARP.
3. Term and Termination. The effective date of this agreement shall be the date of execution,and the
Agreement shall automatically terminate on December 31,2018. The Agreement may be terminated by
AARP at any time and for any reason upon written notification to Organization. Upon such termination,
Organization shall not be required to return any portion of the paid Grant Funds to AARP,and AARP shall
have no further obligation to provide Organization with any unpaid portion of the Grant Funds.
4. No Implied Agency. Nothing in this Agreement shall be deemed to create any partnership,joint venture,
joint enterprise,or agency relationship among the parties,and no party shall have the right to enter into
contracts on behalf of,to legally bind,to incur debt on behalf of,or to otherwise incur any liability or
obligation on behalf of,the other party hereto,in the absence of a separate writing,executed by an
authorized representative of the other party. Each party shall be solely responsible for its employees and
contractors used to provide the Agreement.
5. No commercial or political activity. Both parties recognize that AARP is a non-profit,non-partisan tax-
exempt organization and agree that the Grant Funds will not be used to support or oppose political
candidates or Initiatives. Notwithstanding any specific deliverable herein,Grant Funds shall not be used to
promote any commercial product or for-profit corporation.
6. Insurance. Both parties agree to carry and maintain comprehensive general liability and professional
liability in an amount not less than one million dollars($1,000,000)and workers'compensation insurance in
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an amount as required by applicable law covering all personnel engaged in the furnishing of services under
this Agreement for the duration of the Grant Period.
7. Acknowledgment and Trademark Licenses. Organization shall acknowledge AARP in anypress release,public
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announcement,or publicly-released documents related to the Grant Activities detailed herein. To that end,
AARP grants Organization a royalty-free non-exclusive, revocable license to use its name and corporate logo
solely for that purpose upon the advance written approval of AARP in each instance.All trademark licenses
granted under this section are non-transferrable and shall automatically terminate at the expiration or
termination of this Agreement.
8. Publicity. Notwithstanding any specific deliverable herein, neither party may issue a press release, hold a
press conference,or otherwise refer to the other party in any manner with respect to this Agreement without
the prior written consent of such other party.
9. Warranties. Each Party hereby represents and warrants that: (a)it has full power and authority to enter
into this Agreement and perform its obligations hereunder;(b)it is duly organized,validly existing and in
good standing under the laws of the jurisdiction of its origin;(c)it has not entered into,and during the Term
will not enter into,any agreement that would prevent it from complying with this Agreement;(d)it will
comply with all applicable laws and regulations in its performance of this Agreement;and(e)the content,
media and other materials used or provided as part of the Agreement shall comply with all applicable laws
and regulations and shall not infringe or otherwise violate the intellectual property rights,rights of publicity
or other proprietary rights of any third party. If necessary,Organization shall enter into written agreements
and obtain written releases from third parties,in order to ensure that any work product can be used by
AARP as contemplated herein.
10. Confidentiality and Privacy. Both parties agree to take commercially reasonable measures to protect
information obtained from the other, provided information is marked "confidential" or is of such a nature
that the recipient party has reason to believe it is confidential. Organization shall not rent, sell, lease,
distribute, or otherwise knowingly make available to any third party any information obtained from AARP
about AARP, AARP members,or any AARP activity, unless(i) prior written authorization has been obtained;
or(ii) Organization is required to release information by valid subpoena or court order. This section shall
survive the expiration or termination of this Agreement.
11. Additional Terms. Organization shall not assign or otherwise transfer the Agreement,including by change of
control, to any party without the prior written consent of AARP. This Agreement represents the entire
agreement between Parties and replaces any prior agreement or proposed variation. Should there be any
conflict between any forms or documents exchanged by the Parties, the terms and conditions of this
Agreement shall govern. This Agreement shall be amended only by mutual written agreement executed by
all Parties or their respective designees. The Parties agree that this Agreement will be governed by the Laws
of the District of Columbia without regard to District of Columbia conflict of laws statutes/rules. If any portion
of this Agreement shall be declared illegal,void or otherwise unenforceable,the remaining provisions will not
be affected,but will remain in full force and effect.
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12. Notice. For purposes of this Agreement,the following individuals shall serve as points of contact,including
delivery of reports,for both AARP and the Organization:
AARP
Jean Setzfand
SVP,Programs
601 E Street,NW
WDC 20049
Communitychaliengetqaarp.or
Organization
Hardie Davis,Jr. Glenn Parker
Mayor Recreation and Parks Department Director
535 Telfair Street 2027 Lumpkin Road
Augusta,GA 30901 Augusta,GA 30906
706-821-1831 706-796-5025
mayordavis@augustaga.gov gparker@augustaga.gov
ACCEPTED AND AGREED TO BY:
AARP Augusta,GA
By: A y:
Printed Name: Jean Setzfand /2 /5Printed Name: Hardie Davis,Jr.
Title: SVP, Programs Title: Mayor
Date: 9/17/18 Date:
Augusta, A Recreattbnd P rks Department
By: ___,
fi .---., c"- -
Printed Name: Glenn Parker
Title: Director
Date: 9"4 `4
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Approved as to Form:
Andrew G.MacKenzie,General Counsel
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