File #: 18-0819    Version: 1 Name: Hold Harmless Agreement: Pop Warner Cheer Competition
Type: Resolution Status: Adopted
File created: 5/22/2018 In control: Recreation, Cultural Affairs and Senior Services
On agenda: 6/20/2018 Final action: 6/20/2018
Title: Dept/ Agency: Recreation, Cultural Affairs and Senior Services Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Hold Harmless and Indemnification Agreement Purpose: Facility use for Newark Pop Warner Cheer Competition Entity Name: Newark Public Schools Entity Address: 765 Broad Street, Newark, New Jersey 07102 Event Location: Weequachic High School, Ronald G. Stone Gymnasium, 279 Chancellor Avenue, Newark, New Jersey 07112 Event Date(s): Saturday, October 13, 2018 Event Time: 8:00 A.M. until 4:00 P.M. (includes Setup and Breakdown Time; Event Time: 10:00 A.M. until 3:00 P.M.) Additional Information: Sponsor:
Sponsors: John Sharpe James, Luis A. Quintana

Title

Dept/ Agency: Recreation, Cultural Affairs and Senior Services

Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending

Type of Service:  Hold Harmless and Indemnification Agreement

Purpose: Facility use for Newark Pop Warner Cheer Competition

Entity Name:   Newark Public Schools

Entity Address:   765 Broad Street, Newark, New Jersey 07102

Event Location:  Weequachic High School, Ronald G. Stone Gymnasium, 279 Chancellor Avenue, Newark, New Jersey 07112

Event Date(s):   Saturday, October 13, 2018

Event Time:  8:00 A.M. until 4:00 P.M. (includes Setup and Breakdown Time; Event Time: 10:00 A.M. until 3:00 P.M.)

Additional Information:

Sponsor:                  

body

 

WHEREAS, the City of Newark, Department of Recreation, Cultural Affairs and Senior Services, will operate the Newark Pop Warner Cheer Competition for approximately eight hundred (800) City of Newark residents, ages eight (8) and over, as a recreational and physical activity program; and

 

WHEREAS, the Newark Pop Warner Cheer Competition will operate on Saturday, October 13, 2018, from 8:00 A.M. until 4:00 P.M. (inclusive of setup and breakdown times); and

 

WHEREAS, based upon the capacity and facility needs of the Newark Pop Warner Cheer Competition and the programs already scheduled to be conducted at the City of Newark’s recreational facilities, New Public Schools gymnasium facilities are required for the operation of the cheerleading competition on Saturday, October 13, 2018; and

 

WHEREAS, this year, the City of Newark, Department of Recreation, Cultural Affairs and Senior Services, desires to operate the Newark Pop Warner Cheer Competition at Weequahic High School, Ronald G. Stone Gymnasium, located at 279 Chancellor Avenue, Newark, New Jersey 07112; and

 

WHEREAS, in order to operate the Newark Pop Warner Cheer Competition at Weequahic High School, Ronald G. Stone Gymnasium, 279 Chancellor Avenue, Newark, New Jersey 07112, the City of Newark is required to issue a Hold Harmless and Indemnification Agreement, agreeing to hold harmless, indemnify, and defend the Newark Public Schools, its agents, servants and administrators from any and all liability arising out of or related to the use of said premises or property, including but not limited to, any and all costs, including attorney fees; and

 

WHEREAS, in order to operate the Newark Pop Warner Cheer Competition at Weequahic High School, Ronald G. Stone Gymnasium, 279 Chancellor Avenue, Newark, New Jersey 07112, the City of Newark is required to obtain a permit to operate from the Newark Public Schools; and

 

WHEREAS, the Newark Public Schools is waiving the permit application fee for the City of Newark’s use of its facilities for the Newark Pop Warner Cheer Competition; and

 

WHEREAS, the Municipal Council of the City of Newark supports the Newark Pop Warner Cheer Competition by supporting its efforts to obtain a permit to use Weequahic High School, Ronald G. Stone Gymnasium, 279 Chancellor Avenue, Newark, New Jersey 07112; and have the City of Newark issue a Hold Harmless and Indemnification Agreement for the benefit of Newark Public Schools.

 

NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

 

1.                     The Municipal Council of the City of Newark supports the Newark Pop Warner Cheer Competition and authorizes the Director of the Department of Recreation, Cultural Affairs and Senior Services to obtain a permit for use of Weequahic High School, Ronald G. Stone Gymnasium, 279 Chancellor Avenue, Newark, New Jersey 07112 on Saturday, October 13, 2018 from 8:00 A.M. until 4:00 P.M. (inclusive of setup and breakdown times).

 

2.                     The Municipal Council of the City of Newark, in furtherance of obtaining the above referenced permit for the stated purpose, supports issuance of a Hold Harmless Agreement, drawn by the City of Newark’s Insurance Fund Commission for the benefit of Newark Public Schools, for any claims arising out of the City of Newark’s use of Weequahic High School, Ronald G. Stone Gymnasium, 279 Chancellor Avenue, Newark, New Jersey 0711, for the Newark Pop Warner Cheer Competition on Saturday, October 13, 2018 from 8:00 A.M. until 4:00 P.M. (inclusive of setup and breakdown times).

 

3.                     The Director of Recreation, Cultural Affairs and Senior Services shall forward copies of the Hold Harmless and Indemnification Agreement to the Risk Manager at Newark Public Schools, 765 Broad Street, Newark, New Jersey 07102, for their records.

 

4.                     The Director of Recreation, Cultural Affairs and Senior Services shall file, in the Office of the City Clerk, the duly executed copies of the permit and the Hold Harmless and Indemnification Agreement inuring to the benefit of Newark Public Schools.

 

STATEMENT

 

This resolution authorizes the City of Newark to obtain a permit for the use of Weequahic High School, Ronald G. Stone Gymnasium, 279 Chancellor Avenue, Newark, New Jersey 07112, for the Newark Pop Cheer Competition on Saturday, October 13, 2018 from 8:00 A.M. until 4:00 P.M. (inclusive of setup and breakdown times); and to execute a Hold Harmless and Indemnification Agreement, issued by the City of Newark’s Insurance Commission Fund, for the benefit of Newark Public Schools, 765 Broad Street, Newark, New Jersey 07102, providing for the indemnification of the Newark Public Schools from any and all liability arising out of the use of Weequahic High School, Ronald G. Stone Gymnasium for the Newark Pop Warner Cheer Competition, for said date and time.