BOARD OF EDUCATION
Linda McCain, President
Linda Bryant, Vice President
Julia C. Bernath • Linda Schultz • Gail Dean
Catherine Maddox • Katie Reeves
Kenneth Zeff, Superintendent
MEMORANDUM OF UNDERSTANDING
between
FULTON COUNTY BOARD OF EDUCATION
and
PROJECT SPONSOR
This MEMORANDUM OF UNDERSTANDING is made: (Insert date),
BETWEEN: Fulton County Board of Education (FCBOE) and the
Project Sponsor: (Insert name of Sponsor) for the following
Project: Repair, Maintain and Update Existing Play Structures
The FCBOE and Project Sponsor agree as follows:
The Project Sponsor will undertake the following tasks:
1. Be responsible, at Project Sponsor's sole expense, for all maintenance, repairs, and
required upgrades to the play structure equipment and fall zone surface as required now
or in the future, to meet applicable codes and safety regulations.
2. Hire and pay for the services of an appropriate design professional (licensed architect,
landscape architect, or engineer) to prepare drawings and submit to FCS Facilities
Services. The drawings shall propose a solution to:
a. Properly grade the surface of the site and the immediate surroundings of the
existing play structure to obtain positive drainage.
b. Propose a system to properly collect storm water beneath the fall zone surface
and tie into existing storm water system.
c. Install a concrete ADA accessible route and ramping system into the fall zone if
there is not an accessible route system currently in place.
3. Obtain and pay the cost for a Georgia licensed general contractor, construction
manager, or design/builder to undertake, coordinate and supervise the work.
4. Enter into written agreements with design professionals, contractors and/or Design
Builders using one or more of the following Forms:
a. For projects involving land disturbance, utilities or enclosed buildings, use AIA
Document B141, Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect’s Services, AIA Document A101, Standard Form
of Agreement Between Owner and Contractor and AIA Document A191,
Standard Form of Agreement Between Owner and Design/Builder.
FACILITIES SERVICES
5270 Northfield Blvd., College Park, Georgia 30349-3179 • 404-669-8983 • www.fultonschools.org
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b. On all forms, the “Owner” shall be the Project Sponsor.
c. Submit these written agreements to FCBOE’s Facilities Services Department for
approval.
5. Provide appropriate insurance during construction of the Project and Indemnify the
Owner against any damages caused by the construction of the Project.
6. Place a plaque on the structure identifying it as a facility maintained by the Project
Sponsor.
7. If engineered wood fiber is utilized as the fall zone surface, Project Sponsor is
responsible for the maintenance of a 12” minimum depth at all times.
8. Hire the services of and pay a licensed play structure inspection on an annual basis and
promptly perform any action items that are cited on the inspection report. Inspection
reports must be filed and kept at the school for future reference.
9. If Project Sponsor is a Booster Club or PTA, then its future members must be obligated
to continue payment for all maintenance costs, annual inspections, and up keep of the
facility.
10. If removal of damaged or old equipment is necessary due to age, wear, or lack of proper
maintenance, or if the project sponsor wishes to terminate this MOU, the Project sponsor
shall be responsible for the removal of all damaged and old equipment and restoration of
the affected area back to original FCS standards to the satisfaction of FCS.
11. Timely obtain and furnish lien waivers for all material and labor provided for the Project
and annual inspection reports to FCS Facilities Services for records.
12. Project Sponsor shall indemnify and hold FCS harmless from any and all claims, suits,
actions, damages, liability and expenses including attorney fees in connection with loss
of life, bodily or personal injury or property damage, including loss of use thereof, directly
or indirectly caused by, resulting from, arising out of, or occurring in connection with the
performance of Project Sponsor's obligations under this MOU which is the result of the
Project Sponsor or its agents or subcontractors action(s) or inaction(s). Project
Sponsor's indemnity obligation shall not be limited by, or in any way to, any insurance
coverage or by any provision in or exclusion of omission from any policy of insurance
Project Cost: (Insert a summary of the project's budget.)
Project Time: (Insert a summary bar chart of the construction schedule.)
Project Operational Cost: (Insert an estimate of the operational cost of projected annual costs
of inspections, up-keep, engineered wood fiber replacement, etc.)
Project Sponsors: (Insert a list of the officers of the Project Sponsor with names and
addresses)
Project Funding:
1.
(Insert a summary of the source of funding and a statement of whether or not all funding
for construction will be "in place" when construction begins.)
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2.
3.
(Insert a list of the names of sponsors who will accept the financial responsibility of
completing the project.)
The project and any part thereof will become the property of FCBOE upon installation.
Project Drawings and Specifications:
1.
(Provide a complete listing of the construction contract documents together with the
name and addresses of the licensed design professionals who prepare these
documents.)
2.
(Provide a statement outlining the construction phase services that will be provided by
the designers.)
3.
(Provide a statement that the Project Sponsors commit that the project will be
constructed in compliance with the project drawings and specifications, subject to any
revisions as submitted and approved by FCBOE’s Facilities Services Department.)
The Memorandum of Understanding will need to be signed by:
1st)
Project Sponsor:
___________________________________________________ Date________
(Insert the name of the person(s) authorized to enter into contracts for the Sponsor)
Recommending Approval:
2nd)
School Principal:
______________________________ Date____________
(Insert the name of the School’s Principal)
3rd)
Area Superintendent:
______________________________ Date____________
(Insert the name of the School’s Area Superintendent)
4th)
Deputy Superintendent of Operations:
______________________________ Date____________
Patrick Burke
Approving:
5th)
Superintendent of FCBOE:
______________________________ Date____________
Kenneth Zeff
6th)
Board President of FCBOE:
______________________________ Date____________
Linda McCain
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