header
about apply home funded recent news contact us artists
   

 

COLLABORATION: POINTS TO CONSIDER IN CREATING A MEMORANDUM OF UNDERSTANDING

As specified in the Creative Work Fund guidelines (page 8), before a grant will be awarded, the artist(s) and collaborating organization(s) must prepare and sign a memorandum of understanding describing payment schedules, and each entity’s rights, roles, and responsibilities in the project.  The following notes about collaboration are meant to assist in developing such a letter.  It should be noted that these suggestions are not intended as legal advice; for specific legal questions, you should consult an attorney.

While Creative Work Fund grants are very competitive and we do not advise applicants to assume they will receive a grant, the Fund recommends preliminary discussion now about this Memorandum of Understanding which would be required if your project were ultimately awarded a grant.

Definitions and General Advice:

Collaboration is a mutually beneficial and well-defined relationship entered into by two or more organizations to achieve common goals.

The relationship includes a commitment to: a definition of mutual relationships and goals, a jointly developed structure and shared responsibility, mutual authority and accountability for success, and sharing of resources and rewards.

Paul W. Mattessich, Ph.D. & Barbara R. Monsey, M.P.H. Wilder Research Center

From the perspective of The Creative Work Fund, Collaboration is an active, mutually beneficial partnership between an artist and an organization or among a group of artists and organizations to create a new work of art.

Based on a study of research literature in the field of collaboration, Mattessich and  Monsey cite the following--among other factors--as those most frequently cited in ensuring that a collaboration will be successful:

  • Collaborating partners have the same vision, with clearly agreed upon mission, objectives, and strategy.

  • Members of the collaborative group share an understanding and respect for each other and their respective organizations

  • The collaborative group includes representatives from each segment of the community who will be affected by its activities

  • Collaborating partners are able to compromise and be flexible

  • Members share a stake in both the process and outcome

  • Collaborative group members interact often, update one another, discuss issues openly

  • Channels of communication exist on paper, so that information flow occurs.

Creative Work Fund collaborations bring together individual artists with organizations, some of which have years of experience working with artists and some of which have never worked with artists before.  A recent evaluation conducted by the Western Alliance of Arts Administrators of collaborations involving presenting organizations came to complex, interesting conclusions about successful collaborations (excerpted below).  Many of these comments on tensions between larger and smaller organizations may be translated into tensions between institutions and individuals.

  • Effective collaboration is most often possible when both organizations have enough time to meet their current requirements and time left over to engage with one another.

  • The importance of knowing your partner and anticipating the limitations of both organizations is vital.

  • In all collaborations, there is the potential risk that one or the other organization may not be able to completely fulfill its commitments.  It is therefore important for collaborating partners to generate an alternative plan which accounts for what will happen if one or the other is unable to meet the agreed-upon terms of the partnership.

  • Organizations should not agree to everything.  They should negotiate for what they want, need, and are capable of delivering.

  • The concept of equity in collaboration should not impose constraints which impede the project.  Equity is a goal; collaboration is a process.  Partners bring different capabilities and resources to the collaboration.  Equally dividing all resources and responsibilities rarely results in an effective collaborative strategy.

  • Larger organizations need to be sensitive to smaller organizations’ fear that they will lose their identity and ownership in a project.

  • The speed and initiative of many community-based organizations enables them to act with greater dispatch.  In contrast, mainstream organizations, even though they have greater resources, may be bound by inflexible structures and policies.

  • Successful collaborations often involve working with many people within each organization to ensure that the indispensable individual is not indispensable after all.  As such, where possible each “point person” in the partnership should involve others in the process.

  • Issues of resource allocation, finances, and financial management are aspects of collaborations which trigger the greatest stresses among and between participants.  These issues must be negotiated in detail prior to entering a collaboration.

Recommended Issues To Be Addressed (Based on Evaluations of Completed Creative Work Fund Projects):

  • Dividing and defining administrative tasks--particularly when large and small organizations are collaborating (Tasks to consider include insurance--liability, worker’s compensation, etc.--volunteer management, public relations, securing permits, bookkeeping and financial reporting.)

  • Deciding who convenes the partnership and how (particularly when there are multiple collaborators

  • Agreeing about how and when the artist will be paid

  • Clarifying procedures for reimbursements for expenses. (Is prior approval required?  What kinds of records and receipts should be kept?)

  • Deciding how the partnership will cover unanticipated expenses

  • Agreeing to guidelines for hiring and/or firing a subcontractor

  • Recruiting, providing insurance for, or securing signed waivers from volunteers

  • Juggling agreements with multiple box offices (if several performing arts groups are involved and each has a different box office contract)

  • Dividing revenues generated

  • Adapting to a change in staff  at a collaborating organization (particularly if that person is not replaced)

  • Agreeing to whose images and text are used to promote the project

  • Developing a time frame for the project and adjusting it if necessary

Overview of Issues to Address in a Memorandum of Understanding
The following notes are a general guide and are not a substitute for legal advice.

  • The purpose for the collaboration and the names of the entities involved

  • How the collaborative group will make decisions and whether one person or entity will serve as a convener or coordinator for the group  (Contingency representatives should be named in case of a change in personnel at the collaborating agencies.)

  • Who will be responsible for financial record keeping and reporting.  (Include, if applicable the rate of reimbursement or pay for any shared expenses--for example, rate of reimbursement for local travel per mile.)

  • Specify who will review and approve expenditure and will review and approve subcontractor decisions made on behalf of the collaboration

  • Indicate who will be responsible for any other proposals that may be submitted

  • Outline responsibilities of different partners to contribute to the reports to the Creative Work Fund and/or other funding agencies

  • The agreed upon time frame of major aspects of the project

  • Agreed upon roles in publicizing the project and agreed upon contributions to the public relations effort (e.g. photographs, biographical notes)

  • Who will be responsible for securing insurance and/or permits

  • How the memorandum of understanding may be modified

  • How any disputes may be negotiated

Additional Information and Assistance:

California Lawyers for the Arts, which has local offices in San Francisco and Oakland, offers occasional workshops on effective collaborative partnerships, low-cost legal assistance with developing agreements and contracts, and a mediation and arbitration service for dispute resolution.

Brief Bibliography

Gray, Barbara, Collaborating: Finding Common Ground for Multiparty Problems, Jossey-Bass, San Francisco, 1989.

Richard Linzer and Associates, A Study of the WAAA Equity Program Collaborations, Western Alliance of Arts Administrators Foundation, 44 Page Street, #604B, San Francisco, CA 94102-5986.  (415) 621-4400.  (Available for $5 per copy)

Mattessich, Paul W., Ph.D., and Monsey, Barbara R, M.P.H, Collaboration: What Makes it Work: A Review of Research Literature on Factors Influencing Successful Collaboration, Amherst H. Wilder Foundation, 919 Lanfond Avenue, St. Paul, MN   55104, 1992

Winer, Michael and Ray, Karen, Collaboration Handbook: Creating, Sustaining, and Enjoying the Journey, Amherst H. Wilder Foundation, 919 Lanfond Avenue, St. Paul, MN 55104, 1994