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Dept./ Agency: Recreation, Cultural Affairs and Senior Services
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Memorandum of Understanding with Ironbound Boxing Academy
Purpose: To inspire youth to develop life skills, to succeed academically, and to create relationships through the sport of boxing.
Entity Name: Ironbound Boxing and Education, a NJ Non-profit Corporation
Entity Address: 1 Gateway Center, Suite 120, Newark, New Jersey 07102
Contract Period: Two (2) years from the date of the MOU execution
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:
Memorandum of Understanding, pursuant to N.J.S.A 40:12-20 et seq.
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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, Ironbound Boxing & Education, a NJ Nonprofit Corporation (“IBB&E”) is a registered 501(c)3 nonprofit organization incorporated in the State of New; and
WHEREAS, IBB&E has a presence at the City-owned recreation area known as the Sharpe James/Kenneth A. Gibson Recreation Center (“Recreation Center”) located at 226 Rome Street in the City’s East Ward, where it has operated, administered, and managed in collaboration with the City various recreational and educational programs, including boxing and physical fitness training; and
WHEREAS, as a recreation area, the Recreation Center 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, N.J.S.A. 40:12-26 requires that as a condition of any such agreement, the nonprofit organization and each its employees, agents, contractors, members, or volunteers (collectively, “nonprofit entity”) sign a waiver releasing the municipality 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 IBB&E for the continued provision of the aforementioned educational and recreational programs and services; and
WHEREAS, pursuant to N.J.S.A. 40:12-28(b), this 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 on behalf of the City of Newark (“City”) to enter into and execute the attached Memorandum of Understanding (“MOU”) with Ironbound Boxing & Education, a NJ Nonprofit Corporation (“IBB&E”), with a registered agent’s office located at 1 Gateway Center, Suite 120, Newark, NJ 07102, for the provision of recreational and educational services at the Sharpe James/Kenneth A. Gibson Recreational Center (Recreational Center) located at 226 Rome Street in the City of Newark, New Jersey.
2. No substantial or material changes to the MOU may occur without the Municipal Council’s prior approval.
3. The City shall not be required to pay IBB&E for any of the services or programs provided pursuant to the MOU.
4. The Director shall cause a copy of the executed MOU to be filed in the Office of the City Clerk, where said 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 Iron Bound Boxing & Education, a NJ Nonprofit Corporation for the continued administration, operation, and management of certain recreational and educational programs at the Sharpe James/Kenneth A. Gibson Recreation Center.
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