Title
Dept/Agency: Recreation, Cultural Affairs and Senior Services
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Memorandum of Understanding with Visual Arts Center of New Jersey
Purpose: To provide bi-weekly Art Therapy sessions for families of individuals who are currently or formerly incarcerated
Entity Name: Visual Arts Center of New Jersey
Entity Address: 68 Elm St., Summit, NJ 07901
Project Location: Temple of Hip Hop (formerly known as the Training Recreation Education Center), 55 Ludlow St., Newark, NJ 07114
Reimbursement Amount: N/A
Contract Period: May 2025 through July 2025
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X ) N/A
Additional Information:
Visual Arts Center of New Jersey, A New Jersey Nonprofit Corporation located at 68 Elm Street, Summit, NJ 07901 would like to give the City of Newark, Department of Recreation, Cultural Affairs & Senior Services the benefits of its services by providing bi-weekly art therapy sessions to families of who are currently or were formerly incarcerated. The sessions will occur at The Temple of Hip Hop (formerly known as the Training Recreation Education Center), 55 Ludlow Street, Newark, NJ 07114, and will commence in May 2025 and end in July 2025. The Visual Arts Center of New Jersey will provide all art material needed, a license art therapist to facilitate the program, transportation for those who need it and light snacks and refreshments for each session. The value of the service is approximately $2,400.00.
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WHEREAS, the City of Newark (“City”) is a municipal corporation in the County of Essex in the State of New Jersey, which owns parks, playgrounds, recreation areas and similar places where it operates, maintains and administers recreational and educational activities for the benefit of the City’s residents; and
WHEREAS, Visual Arts Center of New Jersey, A New Jersey Nonprofit Corporation having offices at 68 Elm Street, Summit, NJ 07901 (“Visual Arts Center”), is a registered, 501(c)(3) nonprofit organization incorporated in the State of New Jersey that nurtures the capacity for personal expression; expands the creative experiences; and fosters stronger communities by empowering people to see, make, and learn about art; and
WHEREAS, as a recreation area, the Temple of Hip Hop (formerly known as the Training Recreation Education Center), 55 Ludlow St., Newark, NJ 07114 (“Temple of Hip Hop”), constitutes a park within the meaning of N.J.S.A. 40:12-20 et seq; and
WHEREAS, N.J.S.A 40:12-22 authorizes municipalities to enter into agreement with nonprofit organizations for the maintenance, operation or improvement of any of its parks, or any portion of said parks at no cost to the municipality; and
WHEREAS, for the period beginning in or about May 2025 and ending in or about July 2025, the Visual Arts Center wishes to provide at the Temple of Hip Hop bi-weekly art therapy sessions for family members of individuals who are currently or were formerly incarcerated; and
WHEREAS, as a part of said therapy sessions, the Visual Arts Center will provide all of the required art materials; the service of a license art therapist; where needed, transportation for participants of the art therapy sessions; and a light snacks and refreshments for each session; and
WHEREAS, N.J.S.A 40:12-26 requires that as a condition of entering into an agreement pursuant to N.J.S.A. 40:12-22, the nonprofit organization and each of its employees, agents, contractors, members, or volunteers sign a waiver releasing the City and its employees and agents from any civil liability for any injury or damages which may be sustained by the nonprofit entity, except those arising from criminal or willful, wanton, or grossly negligent conduct; and
WHEREAS, N.J.S.A. 40:12-23 allows a municipality to provide, at no cost to a non-profit, such equipment, materials, supplies or services to assist with the municipal park maintenance, operation, or improvements, including but not limited to, solid waste recycling and disposal services; and
WHEREAS, pursuant to N.J.S.A. 40:12-20 et seq., the City desires to enter into a memorandum of understanding (“MOU”) with Visual Arts Center for the provision of the art therapy sessions at the Temple of Hip Hop; and
WHEREAS, pursuant to N.J.S.A. 40:12-28(b), said MOU is not subject to the requirements or provisions of N.J.S.A. 40A:11-1 et seq., the Local Public Contracts Law.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designees, the Business Administrator or Director of the Department of Recreation, Cultural Affairs & Senior Services (“Director”), is hereby authorized on behalf of the City of Newark (“City”) to enter into and execute the attached Memorandum of Understanding (“MOU”) with the Visual Arts Center of New Jersey, A New Jersey Nonprofit Corporation, 68 Elm Street, Summit, NJ 07901 (“Visual Arts Center”), for the provision of art therapy sessions at the Temple of Hip Hop (formerly known as the Training Recreation Education Center) a city-owned facility located at 55 Ludlow Street, Newark, NJ 07114.
2. In accordance with the terms and conditions of the attached MOU, Visual Arts Center may provide the art therapy sessions for a three-month period, beginning in or about May 2025 and terminating in or about July 2025. The Director of Recreation Cultural Affairs and Senior Services is authorized to establish the start and end dates of the sessions and may agree to limited term modification to the extent that same is required to accommodate unforeseen circumstances, such as minor programmatic changes or time delays.
3. The Visual Arts Center and each of its employees, agents, contractors, members, or volunteers involved in the provision of the art therapy sessions at the Temple of Hip Hop shall sign a waiver pursuant to N.J.S.A 40:12-26.
4. No substantial or material changes to the MOU may occur without the Municipal Council’s prior approval.
5. The City shall not be required to pay Visual Arts Center for any of the sessions or any other services provided in connection therewith.
6. Should the Visual Arts Center desire to gift anything to the City for the benefit of the Temple of Hip Hop or any of the programs provided under this MOU, said gift shall receive the prior approval of the Municipal Council pursuant to N.J.S.A. 40A:5-29
7. The Director shall cause a copy of the executed MOU to be filed in the Office of the City Clerk, which copy shall be made available for public inspection.
STATEMENT
This resolution authorizes the City of Newark to enter into the attached memorandum of understanding with the Visual Arts Center of New Jersey for the provision of art therapy services at the Temple of Hip Hop (formerly Training Recreation Education Center) for a three month period beginning in or about May 2025 and ending in or about July 2025.