Title
Dept/ Agency: Recreation, Cultural Affairs and Senior Services
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Authorizing Memorandum of Understanding
Purpose: To provide bi weekly Art Therapy sessions for families of individuals who are currently or were formerly incarcerated
Entity Name: Visual Arts Center of New Jersey, A New Jersey Nonprofit Corporation
Entity Address: 68 Elm St, Summit, NJ 07901
Contract Amount: $0.00
Funding Source: NA
Contract Period: November 2024 through March 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 benefit of its services by providing bi-weekly art therapy sessions to families of individuals 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 St., Newark, NJ 07114 and will commence in November 2024 and end in March. The Visual Arts Center of New Jersey will provide all art materials needed, a licensed art therapist to facilitate the program, transportation for those who need it and light snacks and refreshments for each sessions. The value of the services is approximately One Thousand Seven Hundred Eighty Dollars and Zero Cents ($1,780.00)
body
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, 68 Elm Street, Summit, NJ 07901 (“Visual Arts Center”) is a registered 501(c)(3) nonprofit organization incorporated in the State of New Jersey which nurtures the capacity for personal expression, expands the creative experience, 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 Street, 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 agreements with nonprofit organizations for the maintenance, operation or improvement at no cost to the municipality of any of its parks, or any portion of said parks; and
WHEREAS, for the period beginning in or about November 2024 and ending in or about March 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.
WHEREAS, as a part of the art therapy sessions, the Visual Arts Center will provide all of the required art materials; the services of a licensed art therapist; where needed, transportation for participants of the art therapy sessions; and 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 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 the Director of the Department of Recreation, Cultural Affairs and Senior Services (“Director”) is hereby authorized and directed 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 is authorized to provide the art therapy sessions for a five-month period, beginning in or about November 2024 and ending in or about March 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 a limited term modification to the extent that same is required to accommodate programmatic changes or time delays.
3. The Visual Arts Center and each 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 five-month period beginning in or about November and ending in or about March 2025.