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HomeMy WebLinkAboutMEMORANDUM OF UNDERSTANDING BETWEEN AUGUSTA, GEORGIA AND THE WARRIOR ALLIANCE, INC. FOR MUNICIPAL GOLF COURSE AUGUSTA, GEORGIA MUNICIPAL GOLF COURSE MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into this I R day of 3 urge, , 20 115 , by and between AUGUSTA, GEORGIA ("Augusta"), a political subdivision of the State of Georgia, by and through the Augusta Department of Recreation and Parks and THE WARRIOR ALLIANCE, INC. WHEREAS, the Parties desire to enter into a partnership for the project known as Operation Double Eagle ("Project"), which will be established to provide training and vocational rehabilitation services; and WHEREAS, the aforementioned Parties desire to enter into this non-binding Memorandum of Understanding to establish a framework in which they shall work together to accomplish the goals and objectives set forth herein; and WHEREAS, the parties desire to memorialize all necessary work arrangements that both Parties agree shall be necessary to perform the Project; and NOW, THEREFORE, for and in consideration of the mutual promises and the covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1) RESPONSIBILITIES OF THE WARRIOR ALLIANCE a) The Warrior Alliance shall secure all required funding for the Project from third party funding prior to the commencement of any construction; b) It is understood that the Warrior Alliance shall secure an agreement with a reputable third party provider to design and construct the Double Eagle Performance Center; c) The Warrior Alliance shall provide training and vocational rehabilitation to Veterans through third party providers; Page 1 of 4 d) The Warrior Alliance shall provide financial housing support for Veterans through third party providers, if necessary; e) The Warrior Alliance shall actively recruit Veterans for the Operation Double Eagle Program, if necessary; and f) The Warrior Alliance shall provide Project approval, management, and oversight for all Operation Double Eagle program, golf course and construction, and agreed upon programs, subject to requisite approvals by Augusta, Georgia. 2) RESPONSIBILITIES OF AUGUSTA a) Augusta shall be responsible for assisting with the Project at the Augusta Municipal Golf Course in the following manner: i) Augusta shall provide all surveys,permits, and documentation required for ii) the completion of a topographical map of the Augusta Municipal Golf Course property; iii) Augusta shall provide Veteran referrals for the Operation Double Eagle Program; iv) Augusta shall collaborate on business development within the Augusta, Georgia community for support of the Operation Double Eagle Program and introduce The Warrior Alliance to potential sponsors and partners; and v) Augusta shall continue to manage the current golf course operations through a third party provider. 3) MUTUAL RESPONSIBILITIES: a. The parties will work together to maintain a quality and safe environment for the benefit of the community. At the request of either party, a meeting or conference will be held between The Warrior Alliance and Augusta representatives to resolve any problems or develop any improvements in the management of the Project. Additionally, Augusta and TWA will hold two public meetings at the Augusta Page 2 of 4 Municipal Golf Course to seek public input on the Augusta Municipal Golf Course renovation project. One meeting shall be prior to the Design Phase and one prior to the Construction Phase. b. There shall be with a timeline agreed upon by the Parties and secured funding in place to complete a minimum of nine holes at a time; c. The term of this affiliation shall be for one year, commencing on 2018. There shall be ten, one-year options to renew this Agreement. TWA must provide Augusta with written notice of its intent to renew at least one hundred eighty (180) days prior to the expiration of the then current term. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Agreement; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, on , 2028, unless extended by written amendment. d. Augusta, its Commissioners, its officer, its agents, and its employees shall not be liable for any loss, injury, or other damage to any person or property of any participant, employee, agent, and/or officer of the Operation Double Eagle Program, unless such loss, injury or damage results from the negligence or willful conduct of Augusta, its agents, officers or employees. e. This relationship is intended solely for the mutual benefit of the parties hereto, and there is no intention, express or otherwise, to create any rights or interests for any party or person other than The Warrior Alliance and Augusta; without limiting the generality of the foregoing, no rights are intended to be created for any employee, employer, prospective employer, or any other third party. Page 3 of 4 f. Neither party is an agent, employee, or servant of the other. Augusta and The Warrior Alliance acknowledge and agree that the members and employees of The Warrior Alliance and any Veteran participants in the Operation Double Eagle Program are not employees of Augusta, Georgia. g. This Memorandum of Understanding shall be governed by, construed, and applied in accordance with the laws of the State of Georgia. AGREED TO BY: AUGUSTA, GEORGIA By: ilY AMIW iii Hardie Davis, Jr., Mayor <</IL/II Dater � + 7 f ,- d�id, ki % TA .'+ t r ,,y Attest:AP ' '` 1 ; Le ia.J •$onner*Clerk if`gofnmision „. 0110x° r ' , !k 0 ItC',tN �440' i THE WA'49 i R'ALIA °N - -rc,.. ' ...If By: , I . Date: ?/2-1(>7Ze3/g) Page 4 of 4