File #: 23-0887    Version: 1 Name:
Type: CM Action Item - Arts and Libraries Status: Passed
File created: 11/22/2023 In control: Board of Commissioners
On agenda: 12/6/2023 Final action: 12/6/2023
Title: Request approval of an Intergovernmental Agreement ("Agreement") between Fulton County, Georgia and the City of Johns Creek, Georgia to establish the long term ownership and maintenance responsibilities of the newly commissioned artwork using steel from the historic Rogers Bridge; authorizing the Chairman to execute the Agreement as to form and to make necessary modifications thereof prior to execution. Effective upon approval of both Fulton County and City of Johns Creek for a period of twenty-five (25) years. (APPROVED)
Attachments: 1. 22-0246 - Signed IGA, 2. IGA for Maintenance and Ownership Version 11.6.pdf, 3. Completed artwork
Related files: 19-0986, 22-0246, 22-0782

 

Department

Arts and Culture

 

Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)

title

 

Request approval of an Intergovernmental Agreement (“Agreement”) between Fulton County, Georgia and the City of Johns Creek, Georgia to establish the long term ownership and maintenance responsibilities of the newly commissioned artwork using steel from the historic Rogers Bridge; authorizing the Chairman to execute the Agreement as to form and to make necessary modifications thereof prior to execution.  Effective upon approval of both Fulton County and City of Johns Creek for a period of twenty-five (25) years.  (APPROVED)    

body


Requirement for Board Action (Cite specific Board policy, statute or code requirement)

The Constitution of the State of Georgia provides, in Article IX, Section III, Paragraph I,

Subparagraph I, Subparagraph (a), that any county or municipality of the State of Georgia may contract for any period not exceeding 50 years, with each other or with any other public agency, public corporation, or public authority for the provision of services, or for the joint or separate use of facilities or equipment when such contracts deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide.

 

Strategic Priority Area related to this item (If yes, note strategic priority area below)

Arts and Libraries

 

Commission Districts Affected

All Districts                     

District 1                     

District 2                     

District 3                     

District 4                     

District 5                     

District 6                     

 

Is this a purchasing item?

No

 

Summary & Background (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.)

 

Scope of Work: In December 2019 the County and the City entered an Intergovernmental Agreement, along with the City of Duluth and Gwinnett County, for the replacement of the historic Rogers Bridge (BOC Item# 19-0986). As part of the creation of the new bridge and public walking trail over the Chattahoochee River, the historic bridge was removed in October 2021. Later in April 2022, the County and the City entered into another Intergovernmental Agreement for the creation of a large public art piece located along with smaller works by multiple artists (BOC Item# 22-0246).

 

The Department of Arts and Culture, through the Public Art Program, led the public art selection process and project delivery with the support of the City and the selection panel. In October 2022, the County and City approved the recommendation of the selection committee to award the large commission art piece for Cauley Creek Park to Ilan Averbuch. In his proposal, Mr. Averbuch explained his vision to create a sculpture called “The Bridge” which will celebrate the connection of the communities using the historic steel and recycled stone as “emblematic of transformation: in life and in time and form.”

 

On November 13th, the County and City hosted a ribbon-cutting ceremony to publicly open the recently installed sculpture. In addition, both the County and City are individually working to create smaller pieces that the respective party will install and manage on their own.

 

The original IGA (attached for reference) anticipates that the County and City will enter a subsequent agreement clarifying the ownership and maintenance responsibilities for art created from the historic Rogers Bridge steel. Section 1.5 of the original IGA states: 

 

It is anticipated the County will perform a routine inspection of the public art at least once per year by a qualified art conservator in an effort to provide maintenance recommendations. It is anticipated the owner of the land on which the public art is situated (either the City or the County) will be responsible for insuring the public art and any maintenance of the public art.

 

This second IGA, developed in partnership with the City, will govern both the large commissioned artwork by Ilan Averbuch as well as the smaller artworks commissioned independently by each party.

 

Key points of the IGA include:

                     The City takes ownership and maintenance responsibilities of all the commissioned artwork placed on their property including “The Bridge” by Ilan Averbuch.

                     The County takes ownership and maintenance responsibilities of all the commissioned artwork placed on their property

                     The County and the City shall acknowledge the partnership when publicizing the artwork

                     The County will annually inspection the artworks, and may provide maintenance recommendations to the City where appropriate.

 

Community Impact: The artworks commissioned as part of this project will ensure that the historic bridge lives on, albeit in another form, for the enjoyment of future generations.

 

Department Recommendation: The Department of Arts and Culture recommends approval of the resolution to approve the agreement between Fulton County and the City of Johns Creek.

 

Project Implications: The approval of the Intergovernmental Agreement is critical to the long-term management of the artwork created using the steel.

 

Community Issues/Concerns: Arts and Culture staff are not aware of any issues / concerns.

 

Department Issues/Concerns: Arts and Culture staff are not aware of any issues / concerns.