MEMORANDUM OF AGREEMENT. Among the

Transcription

1 MEMORANDUM OF AGREEMENT Among the Atlanta Regional Commission Community Foundation for Greater Atlanta Atlanta Regional Public Art Program Grant Recipient - For the Atlanta Regional Public Art Grant Project This Memorandum of Agreement (MOA) deals with the respective roles and responsibilities, criteria and procedures to be implemented by the parties hereto for the planning, development, and installation of public art in the Metro Atlanta area in conformance with the laws of the State of Georgia and applicable federal and municipal laws, as amended. The parties to this Memorandum of Agreement shall be: * Atlanta Regional Commission (ARC) * Community Foundation for Greater Atlanta * Atlanta Regional Public Art Program Grant Recipient - WHEREAS, the parties have various roles and responsibilities in the planning, development, implementation, and financing of the public art project WHEREAS, there is a need to clarify the process under which the planning, development, implementation, and financing of public art projects are conducted by the parties; and NOW, THEREFORE, it is hereby agreed by the parties to this MOA as follows: The parties to this MOA shall cooperatively support and implement the roles, criteria, and procedures described herein in order to ensure that the plans, programs and projects adopted and undertaken by the appropriate parties hereto conform to state, municipal and federal law. I. PURPOSE This Memorandum of Agreement (MOA) is intended to provide a framework for the planning, development and installation of selected public art projects in the Metro Atlanta Area. II. DEFINITIONS The following terms used in this MOA shall have the meanings set forth in this section and as now or hereafter defined: A. Selected Project refers to the specific project for which the recipient applied for Atlanta Regional Public Art Program funding and for which funding was approved. B. Atlanta Region means the 10-county region served by the Atlanta Regional Commission. 1

2 C. The Atlanta Regional Commission (ARC) means the multi-purpose, comprehensive regional planning agency created pursuant to state law and designated as the planning agency for the Atlanta Region. D. Community Foundation for Greater Atlanta means the agency holding funding for the Atlanta Regional Public Art Program, whose mission is to strengthen our region by providing quality services to donors and innovative leadership on community issues. E. The Atlanta Regional Public Art Program Grant Recipient is that organization selected by the Atlanta Regional Public Art Program steering committee to execute a specific public art project in a specific community. III. GENERAL RESPONSIBILITIES OF THE PARTIES The parties to this MOA shall cooperatively support and implement the roles, criteria, and procedures described herein in order to ensure that the plans, programs and projects adopted and undertaken by the appropriate parties hereto conform to state, municipal and federal law. A. The Atlanta Regional Commission s responsibilities under this MOA include:: 1. Convene regional experts and program funders to select projects to be funded and to support those projects when possible with committee feedback. 2. Approve the timeline and budget for the selected projects. 3. Approve a program for community engagement for selected projects. 4. Review and approve any significant budget, timeline or other changes in the selected projects. 5. To the extent reasonable provide technical assistance to grantees as they prepare, update and implement local projects. 6. Provide 20 hours of technical assistance for community engagement planning, provided in part by WonderRoot. 7. Prepare, publish and maintain project updates for project funders. 8. Prepare, publish and maintain project updates for the public and for the media. 9. Once approved, submit initial disbursement request to the Community Foundation for Greater Atlanta. 10. Once approved, submit second disbursement request to the Community Foundation for Greater Atlanta. 11. Convene meetings of appropriate parties as needed throughout the life of the project. 12 Provide other assistance as mutually agreed upon by the parties. B. The Community Foundation for Greater Atlanta s general responsibilities under this MOA include: 1. Disburse initial funding disbursement of 70% of the approved request to the grantee upon receipt of signed request from the Atlanta Regional Commission. 2

3 2. Disburse second funding disbursement of the remaining 30% to the grantee upon receipt of signed request from the Atlanta Regional Commission. 3. Attend project meetings as necessary throughout the life of the project. 4. Co-sign on reports to funders, with regards to financial and budget accuracy. C. The Atlanta Regional Public Art Program Grant Recipient s responsibilities shall include: 1. Provide the Atlanta Regional Commission with a project proposal, community engagement proposal, plan for artist selection, community celebration plan, budget and timeline for approval. 2. Provide the Atlanta Regional Commission with regular project updates via , at least once per month. 3. Provide access to digital photos at regular intervals capturing key project benchmarks including the community engagement process, artist selection, art concept, art development, installation, and completed project. Photos will be used for marketing and awareness campaigns by the Atlanta Regional Commission. 4. Provide notification of community engagement opportunities at least 3 weeks in advance for publication by the Atlanta Regional Commission. 5. Provide evidence of jurisdictional approval for installation at least 3 weeks prior to installation. 6. Provide evidence of adequate insurance at least three weeks prior to project installation. The Atlanta Regional Commission to be named as an additional insured on any insurance policy which underwrite installation of the piece. The Atlanta Regional Commission is also to be named in the case of additional insurance being carried for the art piece, project development, maintenance and removal. 7. Provide a maintenance plan at least two to three months prior to project installation. 8. Provide immediate updates to the Atlanta Regional Commission of changes to the project that would impact more than 15% of the approved budget or more than 15% of final installation size or alter the timeline by more than one month. 9. Provide final concept designs to the Atlanta Regional Commission at least 3 weeks prior to installation. 10. Provide notification to the Atlanta Regional Commission of proposed installation dates at least three weeks prior to installation. 11. Once MOA has been signed by all parties, submit initial disbursement request to the Atlanta Regional Commission. 12. Once at least 50% of approved budget has been expended, provide proof of expenses and submit second disbursement request to the Atlanta Regional Commmission for the final dispursement. 13. Provide at least 50% of the total budget in cash contributions towards the project budget. 3

4 14. Attend project meetings convened by the Atlanta Regional Commission or Community Foundation for Greater Atlanta as necessary throughout the life of the project. 15. Once the project is complete provide proof of expenses and a final grant report to both the Community Foundation for Greater Atlanta and the Atlanta Regional Commission. IV. COORDINATION WITH LOCAL GOVERNMENTS It is agreed by the parties that full coordination and cooperation with the local jurisdiction in which the project will take place will be the responsibility of the Atlanta Regional Public Art Program Grant Recipient. V. PUBLIC INVOLVEMENT To coordinate effective planning and programming activities, all parties shall, to the maximum extent practical, coordinate their public information efforts and seek joint opportunities for public involvement as provided. Such coordination shall ensure that the maximum opportunity to involve the citizens and elected officials of the jurisdictions in which the project takes place, including under-represented groups in the area as well as the general public. VI. PROJECT IMPLIMENTATION Once approved, the Atlanta Regional Public Art Program Grant Recipient, will be responsible for project implementation, including the artist selection process, necessary jurisdictional approval for project, permitting for project, equipment rental, material purchases, insurance for installation, the installation of the project, and ensuring adherence to the maintenance plan and financial tracking of all expenditures. The Atlanta Regional Commission will undertake regular performance monitoring, including the periodic tracking of timeline adherence, community engagement adherence, budget adherence, and adherence to maintenance plan. The parties to this MOA agree to provide any available data to support their adherence to this agreement. If for any reason, the responsible parties identified in this MOA are unable or unwilling to assume these assignments of responsibility, the parties may confer and decide in a cooperative process the appropriate party or parties to undertake the project development and implementation. VIII. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS All parties shall comply with all applicable local, state, and federal laws and regulations. Nothing in this MOA alters, or seeks to alter, the existing statutory authority of any party under state or federal law. If any of the provisions of this MOA are held to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. IX. AMENDMENTS AND MODIFICATIONS Any party may request changes to this MOA at any time by written notice to the other parties' signatory of this agreement. Such changes as are mutually agreed upon by and between the parties shall be incorporated in written amendments to this MOA executed in the same manner as original MOA approval. 4

5 X. CANCELLATION OF AGREEMENT The Atlanta Regional Commission, in consulation with the Communtiiy Foundation for Greater Atlanta, has the unilateral right to cease funding or supporting any grant recipient s effort that is not in compliance with the requirements and/or spirit of this MOA. XI. NOTIFICATION Any official modifications between the parties to this MOA that would substantially affect the terms or conditions of this MOA shall be directed to the office of the signatories to this agreement. If the Atlanta Regional Public Art Program Grant Recipient is unable to complete the installation of the project, a full refund of monies distributed from the Community Foundation for Greater Atlanta will be requested unless otherwise indicated by both the Community Foundation for Greater Atlanta and the Atlanta Regional Commission. XII. DURATION This agreement shall remain in full force and effect until the project has been completed or the parties otherwise mutually agree to terminate the project. 5

6 IN WITNESS WHEREOF, the parties hereto have last executed this Memorandum of Agreement, this day of, ATLANTA REGIONAL COMMISSION Community Foundation for Greater Atlanta Executive Director Representative Atlanta Regional Public Art Program Grant Recipient Mayor Board Chair Name Name City of Hapeville The Hapeville Arts Alliance President Name The Hapeville Historical Society 6