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Dept/Agency: Recreation, Cultural Affairs and Senior Services
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Memorandum of Understanding with Bloomfield Avenue/Lower Broadway Alliance (“BALBA”)
Purpose: Revitalization, improvement and maintenance of Salvatore Bontempo Park
Entity Name: Bloomfield Avenue Lower Broadway Management Corporation/Bloomfield Avenue/Lower Broadway Alliance (“BALBA”)
Entity Address: 228 North 15th Street, Bloomfield, New Jersey 07003-0700
Project Location: 368-378 Bloomfield Avenue
Reimbursement Amount: Actual cost estimated as $0
Contract Period: Five (5) years to commence upon adoption of this Resolution and full execution of the MOU
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:
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WHEREAS, N.J.S.A. 40:12-20 et seq. recognizes that counties and municipalities often do not have the funds necessary for the proper maintenance, operation and improvement of their parks even though same helps extend the life of such facilities; and
WHEREAS, N.J.S.A. 40:12-22 authorizes counties, municipalities, private businesses and nonprofit organizations to enter into agreements, at no cost to the local government unit, for the maintenance, operation or improvement of a park or any portion thereof located within the local government unit; and
WHEREAS, N.J.S.A. 40:12-26 requires that as a condition of any park maintenance, operation, or improvement agreement entered into in accordance with this act, the participating entity and each employee, agent, contractor, member, or volunteer of that participating entity assisting in maintaining, operating or improving a park, shall sign a waiver releasing the local government unit and its employees and agents from any civil liability for any injury or damages, except those arising from criminal or willful, wanton, or grossly negligent conduct, that may be sustained by the participating entity, or any employee, agent, contractor, member, or volunteer thereof, as the case may be; and
WHEREAS, N.J.S.A. 40:12-23 allows a municipality to provide, at no cost to the participants, such equipment, materials, supplies and 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, on October 4, 2023, pursuant to N.J.S.A. 40:12-20 et seq., the Municipal Council adopted Resolution 7R11-a authorizing the City of Newark (“City”) to enter into a Memorandum of Agreement/Understanding (“MOU”) with the Bloomfield Avenue/Lower Broadway Alliance (“BALBA”) for the revitalization, improvement and maintenance of Salvatore Bontempo Memorial Park, a City-owned park located at 368-378 Bloomfield Avenue (intersection of Bloomfield Avenue and First Avenue) (“Park”); and
WHEREAS, pursuant to the terms of said MOU, the City was to provide BALBA with an amount up to Three Hundred Thousand Dollars and Zero Cents ($300,000.00) for the revitalization and improvement of the Park (“Project”); and
WHEREAS, the MOU further provided that BALBA would select a contractor for the Project, oversee the contractor’s work on the Project, and provide any Project expenditures in excess of $300,000.00; and
WHEREAS, the Department of Recreation, Cultural Affairs and Senior Services desires to modify the terms of the MOU so as to provide that the City would finance the Project in its entirety with a financial contribution from BALBA and advertise for bids to procure a contractor for the Project; and
WHEREAS, pursuant to the MOU as modified, the City would be responsible for the selection, hiring and oversight of a contractor for the the Project, and BALBA would contribute a maximum amount of Three Hundred Thousand Dollars and Zero Cents ($300,000.00) toward the Project; and
WHEREAS, after the completion of the Project, the City and BALBA will continue to be jointly responsible for the ongoing maintenance of the Park in accordance with the terms of MOU; and
WHEREAS, the MOU as modified is authorized pursuant to N.J.S.A. 40:12-28(b) and is therefore not subject to the requirements or provisions of Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Resolution 7R11-a 10/04/2023 and the Memorandum of Agreement/Understanding authorized therein are hereby rescinded. The Mayor and/or his designee, the Business Administrator and/or the Director of the Department of Recreation, Cultural Affairs and Senior Services, are authorized to enter into and execute the attached, revised Memorandum of Understanding (“MOU”) with Bloomfield Avenue Lower Broadway Management Corporation, also known as, Bloomfield Avenue/Lower Broadway Alliance (“BALBA”), 228 North 15th Street, Bloomfield, New Jersey 07003-0700, for the renovation, revitalization and improvement of Salvatore Bontempo Park (“Park”) located at 368-378 Bloomfield Avenue (Corner of Bloomfield Avenue and First Avenue), Newark, New Jersey (Block 598 and Lot 1).
2. The MOU is entered into pursuant to N.J.S.A. 40:12-20 et seq.
3. Pursuant to the revised MOU, the City shall be responsible for the selection, hiring and oversight of a contractor for the renovation, revitalization and improvement of the Park in accordance with the terms of the MOU.
4. BALBA shall contribute Three Hundred Thousand Dollars and Zero Cents ($300,000.00) toward the renovation, revitalization and improvement of the Park.
5. The City and BALBA shall be jointly responsible for the ongoing maintenance and operation of the Park after the Park renovation, revitalization and improvement are completed.
6. The term of the MOU shall commence upon execution and shall not exceed five (5) years, unless extended upon mutual agreement of the parties, and subject to adoption by the Municipal Council.
7. There shall be no changes made to the MOU without approval from the Municipal Council.
8. The Director of the Department of Recreation, Cultural Affairs, and Senior Services shall file an executed copy of the MOU and all such other documents pertaining to the MOU in the Office of the City Clerk.
9. The MOU authorized by this Resolution is not subject to the requirements or provisions of the Local Public Contracts Law pursuant to N.J.S.A. 40:12-28b.
STATEMENT
This resolution authorizes the Mayor and/or his designees, the Business Administrator and/or the Director of the Department of Recreation, Cultural Affairs and Senior Services, to enter into and execute a revised Memorandum of Agreement (“MOU) with Bloomfield Avenue/Lower Broadway Alliance (“BALBA”), 228 North 15th Street, Bloomfield, New Jersey 07003-0700, for renovation, revitalization, and improvement of Salvatore Bontempo Park, a City-owned park located at 368-378 Bloomfield Avenue (Corner of Bloomfield Avenue and First Avenue), Newark, New Jersey (Block 598 and Lot 1).