File #: 20-1526    Version: 1 Name: Resolution: Memorandum of Understanding - Newark Arts Council, Inc.
Type: Resolution Status: Adopted
File created: 11/17/2020 In control: Recreation, Cultural Affairs and Senior Services
On agenda: 12/16/2020 Final action: 12/22/2020
Title: Dept/Agency: Recreation, Cultural Affairs and Senior Services Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Memorandum of Understanding with Newark Arts Council, Incorporated Purpose: To commission a Statue of Abolitionist Harriett Tubman to be installed in Washington Park, which will be named Tubman Square. Entity Name: Newark Arts Council, Incorporated Entity Address: 17 Academy Street, Newark, New Jersey 07102 Project Location:33 Washington Street, Newark, New Jersey 07102 (Broad Street entrance of Washington Park) Contract Period: November 2020 through November 2022 Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS ( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ ( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a Additional Information:
Sponsors: Council of the Whole

Title

Dept/Agency: Recreation, Cultural Affairs and Senior Services

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

Type of Service:  Memorandum of Understanding with Newark Arts Council, Incorporated                   

Purpose: To commission a Statue of Abolitionist Harriett Tubman to be installed in Washington Park, which will be named Tubman Square.

Entity Name:    Newark Arts Council, Incorporated        

Entity Address:  17 Academy Street, Newark, New Jersey 07102                  

Project Location:33 Washington Street, Newark, New Jersey 07102 (Broad Street entrance of Washington Park)            

Contract Period:  November 2020 through November 2022

Contract Basis: (   ) Bid   (   ) State Vendor   (   ) Prof.  Ser.   (   ) EUS  

(   ) Fair & Open   (   ) No Reportable Contributions   (   ) RFP   (   ) RFQ

(   ) Private Sale   (   ) Grant   (   ) Sub-recipient   (   ) n/a

Additional Information:

                   

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WHEREAS, the City of Newark (the “City”) will commission a statue of the renown abolitionist, Harriet Tubman to be installed in Washington Park, 33 Washington Street, Newark, New Jersey 07102, which will be renamed Tubman Square in her honor; and 

WHEREAS, the City of Newark played an integral role in the Underground Railroad and Harriet Tubman’s journey which led her to the City of Newark, as the State of New Jersey was one of the last States to acknowledge liberation for enslaved Africans; and 

WHEREAS, the commissioned Harriet Tubman monument will replace the statue of Christopher Columbus, which was removed from Washington Park amid calls, in June 2020, for equity, racial justice, and new public monuments that honor the historic liberation struggles of Black, Latinx, and Indigenous communities throughout history; and 

WHEREAS, the history of African-Americans in the City dates to around 1680 when enslaved Africans are believed to have first been brought to the region; the Old First Presbyterian Church located at 820 Broad Street, Newark, New Jersey, blocks away from Washington Park, was once part of the infamous Underground Railroad; and 

WHEREAS, the Harriet Tubman monument represents a step toward fostering a more diverse and inclusive public art collection for the City of Newark; and 

WHEREAS, the proposed location for the new permanent monument is Washington Park’s Broad Street entrance which is projected to be installed in 2022; and 

WHEREAS, the Department of Recreation, Cultural Affairs and Senior Services will issue a Request for Qualifications (RFQ) to solicit artist(s) or artist team(s), who are interested in being considered to design the new permanent public monument of Harriet Tubman in Newark’s Washington Park; and 

WHEREAS, the City is in need of an administrator/fiscal agent for the Harriet Tubman Monument Project; and 

WHEREAS, Newark Arts Council Inc., is a thirty-nine (39) year old non-profit arts organization with extensive experience and expertise as fund administrator for various grants; and 

WHEREAS, the City wishes to enter into an Agreement with the Newark Arts Council  Inc., through a Memorandum of Understanding, in light of its extensive experience and expertise in supporting the arts community and various organizations. 

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

 

1.                     The Mayor and/or his designee, the Business Administrator and the Director of the Department of Recreation, Cultural Affairs and Senior Services are hereby authorized to enter into and execute a Memorandum of Understanding (the “Agreement”) with the Newark Arts Council, Inc. located at 17 Academy Street, Newark, New Jersey  07102 and the City of Newark, 920 Broad Street, Newark, New Jersey  07102 to commission a statue of the renown abolitionist, Harriet Tubman to be installed in Washington Park, which will be renamed Tubman Square in her honor.  Tubman Square will be located at 33 Washington Street, Newark, New Jersey 07102.

 

2.                     The Agreement is in accordance with N.J.S.A. 40A: 40:12-20 et seq.

 

3.                     The City shall be responsible for the maintenance of the Statue, removal of debris, and garbage removal.  Once the new statue is installed, the City shall provide new fencing for the statue and repair the same.

 

4.                     The City of Newark wishes to enter into an Agreement with the Newark Arts Council, Inc., through a Memorandum of Understanding, in light of its extensive experience and expertise in supporting the arts community and organizations.

 

5.                     Newark Arts Council, Inc. will serve as the Fiscal Agent for this project and it shall administer funds collected through fundraising and/or sponsorship according to the guidelines stated in the Agreement. 

 

6.                     Newark Arts Council, Inc. will receive a 10% administrative fee, of funds collected by donations or sponsors, as the Fiscal Agent for this Project.  The maximum administrative fee to be collected will be Twenty Thousand Dollars and Zero Cents ($20,000.00).

 

7.                     The term of this Agreement shall be two (2) years, and the Director of the Department of Recreation, Cultural Affairs, and Senior Services can extend this Agreement for two (2) six (6) month periods upon written consent and the approval of the Municipal Council for all other extensions.

 

8.                     The Director of the Department of Recreation, Cultural Affairs, and Senior Services shall file this resolution, agreement, and all other attachments in the Office of the City Clerk.

STATEMENT

 

This resolution authorizes the Mayor and/or his designee, the Business Administrator and the Director of the Department of Recreation, Cultural Affairs and Senior Services to enter into and execute a Memorandum of Understanding (the “Agreement”) with the Newark Arts Council, Inc., 17 Academy Street, Newark, New Jersey 07102 and the City of Newark, 920 Broad Street, Newark, New Jersey 07102.  The Newark Arts Council, Inc. will be the Fiscal Agent on the Project to commission a statue of abolitionist Harriet Tubman to be installed in Washington Park, 33 Washington Street, Newark, New Jersey 07102, which will be renamed Tubman Square in her honor, for a 10% administrative fee of funds collected by donations or sponsor at a maximum amount of $20,000.00. This Agreement shall be for a period of two (2) years, unless extended for two (2) six (6) month periods upon written consent and the approval of the Municipal Council.