115-13 Approving Agreement-Township and NOCC.pdf

115-13 June 11, 2013 RESOLUTION WHEREAS, the Township of West Orange (“Township”), through the Downtown West Orange Alliance, annually sponsors the Downtown Classic 5K run along Main Street in the Township for charitable purposes; and WHEREAS, the Downtown Classic 5K run is scheduled to take place this year on Sunday, September 29, 2013 from approximately 9:30 am until 1:00 pm; and WHEREAS, the Township desires to enter into an agreement that would allow the National Ovarian Cancer Coalition (“NOCC”) to participate in and benefit from this year’s Downtown Classic 5K run; and WHEREAS, pursuant to the terms of the proposed agreement, the Township would share profits with the NOCC, specifically by first subtracting direct expenses incurred by the Township or the Downtown West Orange Alliance, and then sharing seventy percent (70%) of the net profits generated from the Downtown Classic 5K run with the NOCC, with the remaining thirty percent (30%) of net profits to be retained by the Township; and WHEREAS, the NOCC has agreed to provide its own publicity and fundraising efforts for the event in coordination with the Downtown West Orange Alliance; and WHEREAS, the NOCC has agreed to provide the Township with proof of liability insurance and to indemnify and hold the Township harmless from any claims, suits, damages, or judgments resulting wholly or in part from any acts or omissions of the NOCC or their agents, employees, guests, licensees, invitees, assignees or successors during this year’s Downtown Classic 5K run; and WHEREAS, annexed hereto as Attachment “A” is a copy of the Memorandum of Agreement to be executed by the Township and the NOCC;

NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of West Orange that the Mayor be and hereby is authorized to execute the annexed Memorandum of Agreement; and the Municipal Clerk shall attest to the Mayor's signature on the Agreement. ________________________ _________________________ Karen J. Carnevale Victor Cirilo Municipal Clerk Council President Adopted: June 11, 2013