LEASE AGREEMENT/USE AGREEMENT. THIS AGREEMENT, made this 16th day of May, 2012,

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1 LEASE AGREEMENT/USE AGREEMENT THIS AGREEMENT, made this 16th day of May, 2012, New Jersey, BETWEEN the Township of Neptune, in the County of Monmouth and State of hereinafter referred to as the OWNER and NEPTUNE LITTLE LEAGUE, hereinafter referred to as the CONTRACTOR. WITNESSTTH: that the OWNER and the CONTRACTOR, for the consideration hereinafter specified, agree as follows: ARTICLE ONE - DEFINITIONS: a. A Youth Sports Organization is considered a registered non-profit group coordinated by volunteers that organizes a youth sports program with participation open to residents of Neptune Township. b. A Recreational Program is designed as a program where all children who register under existing guidelines will be able to play on a team that matches their age and ability. c. Spring Season shall be defined, weather and field conditions permitting, as the beginning of March through the end of July. d. Fall Season shall be defined as the beginning of August through the end of November. e. Off Season shall be defined as the time between seasons. Fields will be closed in the winter. f. In Season shall include the Spring Season and/or the Fall Season, where applicable. g. Township Sponsored Recreation Program shall be defined as a program or organization that functions not only in providing a service to the community but under the auspices of the Township s Recreation and Public Works Departments, Recreation Committee and Township Committee in providing the recreational service. The organization shall still be considered an independent contractor and not a municipal department but the recreational activity shall be considered as supported by Neptune Township. ARTICLE TWO PURPOSE: Neptune Township is fortunate to have volunteers to coordinate youth sports programs for the benefit of Township residents and citizens-at-large on Township property and facilities. In this unique relationship, the Township provides manpower, budget resources to construct and maintain quality sports fields and facilities owned and controlled by the Township. In return, the Youth Sports Organizations provide volunteer personnel to organize, plan and administer outstanding youth sports programs for citizens-at-large, and assist with facility and field maintenance. Together, this arrangement ensures that wholesome, healthy, affordable and

2 enjoyable recreational activities are available to the youth of the Township and the youth-at-large while recognizing the contractual requirements of mutual responsibility and abiding by the statutory and regulatory obligations imposed by the federal, state and local governments and this Lease Agreement/Use Agreement (hereinafter Agreement ). While Youth Sports Organizations may or may not be directly sponsored by the Township it is recognized that they may be independent organizations and the Township/OWNER has no intention of interfering with the structure, organization or the administration of the organization s operation. Nevertheless, it is also recognized by the Youth Sports Organization that they remain accountable and responsible to the Township and the citizens for their actions while using Township parks, fields and facilities and that their services must be consistent and in compliance with Township polices, ordinances and good business practices as well as those federal and state regulations which are imposed not only upon the organizations but upon the Township. It is further recognized that this Agreement not only covers the specific organization set forth as the CONTRACTOR but any affiliate organizations of the CONTRACTOR such as traveling teams, all-star teams, etc. All such affiliates are subject to the same contractual obligations as well as federal, state and local regulations and policies and may be subject to a separate written agreement in the discretion of the Township/OWNER. It is further recognized that the interaction between the CONTRACTOR and the Township/OWNER shall be through the Township Recreation and Public Works Departments, the Recreation Committee and the Township Committee in resolving and addressing issues concerning this agreement. ARTICLE THREE - SCOPE OF WORK OR SERVICE: CONTRACTOR shall provide labor and materials for necessary for the work or service provided. The work or service required and the CONTRACTOR S extent of responsibility is as follows: A. The CONTRACTOR agrees to provide a ten (10) week recreational (softball and baseball) season known as the Spring Season for Township residents and citizens-at-large ages 5 through 14. B. The CONTRACTOR agrees to work with the Township/OWNER to accommodate and schedule field use and use of facilities on Township property. It is recognized by the CONTRACTOR that the fields and all permanent facilities and fixtures, no matter who built or installed the same, are Township property. It is also recognized that all field use and schedules are ultimately approved and determined by a Recreation Director or assignee and therefore the CONTRACTOR must supply a proposed schedule to the Recreation Director or assignee no later than January 31 for that calendar year. C. It is recognized by the CONTRACTOR that the CONTRACTOR shall be responsible to comply with any fee schedule separately adopted by the Township/OWNER Committee and any changes to the fee schedule. The fee schedule may allow for a waiver of all or some of the fees for Township sponsored programs or organizations as designated below and this Agreement shall determine whether all programs run by the CONTRACTOR are Township/OWNER sponsored for purposes of compliance with fee requirements. Under this Agreement this CONTRACTOR s basic program is considered a Township sponsored Recreation program D. Light usage fees shall be chargeable during all seasons to the CONTRACTOR and the CONTRACTOR will reimburse the Township/OWNER for all light usage fees determined by the Township/OWNER to the extent and considering waiver provisions for sponsored programs by the CONTRACTOR as outlined more fully in a separate fee schedule adopted by the Township Committee. 2

3 E. The CONTRACTOR agrees to use fields and facilities assigned to it by the Recreation Director on a non-exclusive basis to conduct its program. The Township/OWNER may assign other organizations and programs for the use of the same fields and facilities based on the scheduling adopted by the Recreation Director. F. The CONTRACTOR shall issue to the Township/OWNER a current Certificate of Liability Insurance naming Neptune Township as an additional insured at the time of execution of this Agreement and valid for the fields and facilities used by the CONTRACTOR in the amount set forth more fully below. Annual Certificates of Liability Insurance must be provided for each term of this Agreement. G. The CONTRACTOR must provide annually, prior to commencement of use of fields and facilities to the Recreation Department proof of non-profit status, organization and registration flyer with fee schedule and related bond information, list of organization s officers/board members, Certificate of Liability Insurance and other information set forth more fully and required in this Agreement prior to use of the fields and facilities. The OWNER may upon demand also request the CONTRACTOR s meeting minutes prior to each playing season or at the conclusion of each playing season. H. The CONTRACTOR is responsible for the appropriate certification and authorization of coaches in accordance with the rules and regulations of its governing organizations and the Recreation Department and the Township of Neptune. Such requirements include without limitation that all coaches, assistants, manages and/or coordinators must complete the Rutgers S.A. F. E.T.Y. Clinic, Sports Awareness for Educating Today s Youth, and be cleared through a background check for sex-offender status (a sex-offender check is the minimum required; the CONTRACTOR may conduct additional background checks, i.e., fingerprinting and/or submit records of clearance). Records of certification and authorization must be submitted to the Recreation Department prior to the beginning of each playing season and prior to use of any fields or facilities. I. The CONTRACTOR must provide no later than the end of the playing season a complete numbered listing of participants in table form including name and full address, with separate tables for residents and non-residents. J. The CONTRACTOR must work with the OWNER concerning hardship cases and responding to public inquiries and concerns in a timely manner. To that extent the CONTRACTOR will work with the Township/OWNER on the CONTRACTOR s own fee schedule so as to guarantee affordability and fairness. K. The CONTRACTOR is required to have a representative attend all scheduled Recreation Committee meetings as a representative of the CONTRACTOR. These meetings are forums to discuss common issues, coordinate schedules and otherwise engage in useful communications with the Recreation Department and other contractors. L. The CONTRACTOR is required by the Municipal Code of Conduct to control the behavior of all participants and spectators during any sporting event and with the Township/OWNER is acting upon such behavior directly. The CONTRACTOR may eject any unruly or dangerous participants, coaches, parents or spectators from the premises during sporting events. Any contractor, officer, coach, umpire or other official can exercise this authority. To that end, the municipal Youth Sports Code of Conduct (for Youth, Parents and Coaches), Chapter 3

4 XXVI, Section 26-1 of the Township Ordinances, must be implemented by the CONTRACTOR and kept on file. The CONTRACTOR will complete and submit the Neptune Recreation Incident/Accident Report Form for each occurrence. M. The CONTRACTOR shall notify the Recreation Department of any injuries and accidents that occur during the season of play. The CONTRACTOR will complete and submit the Neptune Recreation Incident/Accident Report Form for each occurrence. N. The CONTRACTOR shall provide an annual report to the Recreation Department, if requested. The annual report may include information on the preceding year s activities permitted through this Agreement, including the value or cost of the organization s activities, profit and loss summary and affirmation of continued non-profit status. O. The CONTRACTOR shall make reasonable accommodations for ADA accessibility for individuals with disabilities and for honoring hardship cases. P. The CONTRACTOR shall coordinate with Public Works on any field maintenance undertaken by the CONTRACTOR. Q. The CONTRACTOR is to provide the necessary supplies and equipment to perform specific service or work on an as required basis. Such supplies and equipment shall be considered to be part of the CONTRACTOR S overhead costs and are not reimbursable under this contract. R. The OWNER will allow the CONTRACTOR to utilize advertising space available around ball fields for organizational advertising or third party advertising at the CONTRACTOR S discretion and to retain proceeds from said advertising as part of its fundraising activities. S. In regards to the use of concession stands or buildings on municipal property, see below. T. As to scheduling, see below. U. In recognition of the fact that the CONTRACTOR is a Township sponsored activity and as such the Township is concerned that the activity is made available to all of the youth of Neptune Township, no matter what their economic status, the CONTRACTOR will provide, on an annual basis, prior to commencing its activities, its fee schedule imposed upon participants of its activities to the Township Recreation Director or designee and will strive to establish a fee schedule affordable to all the citizens of Neptune Township. The fee schedule may be subject to review by the Township and amendment by the Township in cases where the Township Recreation Department or Township Committee considers fees unconscionable or where economic hardship allowances should be allowed for economically disadvantaged youth in Neptune Township. ARTICLE FOUR - SCHEDULING OF ACTIVITIES: The Township/OWNER and Recreation Department shall have the final and ultimate control and authority over the scheduling of use of Township/OWNER s fields and facilities, including the resolution of any conflicts or disputes arising there from. A proposed schedule as noted above by the CONTRACTOR of scheduled events must be submitted through to the Recreation Director no 4

5 later than January 31 for the calendar year. No activities will be allowed to make use of Township/OWNER s fields and facilities until a schedule has been approved by the Recreation Department. Other requirements concerning scheduling are as follows: A. The CONTRACTOR agrees to make application for field use through the Recreation Department with a written schedule of proposed games and practice times prior to the first scheduled game or practice. This schedule can be of a general nature with the blocks of time required for games and practices, but cannot be exclusive use. Dual seasons (Fall/Spring) will require dual schedules. Schedules should list, at a minimum, field/facility dates and times, and Recreation and Travel/Competition sport schedules should be submitted separately. The organization will also provide updates or non-weather related changes to the schedule to the Recreation Department. B. The CONTRACTOR will coordinate the use of the fields and facilities by its own individual team/league. No CONTRACTOR to whom a field or facility has been assigned, may allow another group or organization or contractor to use the fields or facilities assigned to it without the consent of the Recreation Department. No CONTRACTOR shall charge a fee to allow another group, organization or contractor to use the fields or facilities in its place or allow a commercial business to use the fields or facilities to provide an activity not coordinated by the organization. C. For any tournaments or Off Season activities, the CONTRACTOR will be required to apply for a permit through the Recreation Department and a Special Event Permit through the Clerk s office, if necessary. ARTICLE FIVE - FIELD MAINTENANCE: The Recreation and Public Works Departments shall prepare a general field maintenance schedule and shall be responsible for general maintenance of fields and facilities except where otherwise provided below (mowing, fertilization, water shut down, etc.) taking into consideration the practice and game schedule submitted by the CONTRACTOR. The CONTRACTOR will understand that this schedule is subject to many conditions and may be altered at any time with or without notice. The CONTRACTOR may be required to assist with mark outs, etc. in conjunction with field maintenance. The CONTRACTOR shall observe the following rules with regards to maintenance and improvements: A. CONTRACTOR shall not be allowed to alter, add, delete or improve the facilities or rearrange field layout without prior written approval by the Recreation and Public Works Departments. Such alterations, additions or improvements shall meet existing ADA regulations and applicable Township/OWNER Codes and become and remain Township property. All improvements, fixtures or permanent buildings, facilities or structures shall become Township/OWNER property except that this does not include lining and/or dragging of infields, which the CONTRACTOR will do for their own use, or personal property or moveable equipment. The CONTRACTOR shall not make repairs or improvements without the prior written consent of the Township/OWNER. B. CONTRACTOR shall notify the Parks and Recreation Department of any damage, vandalism, needed repairs and/or safety issues at its respective parks or fields as soon as possible, but not later than the next business day. If the damage is the result of the CONTRACTOR s member s negligence or failure to comply with the accepted operational or security measures, the CONTRACTOR will be held responsible for reimbursing the Township for all or part of the 5

6 repair cost. The Township shall generally be responsible for all other repairs or improvements unless made by the CONTRACTOR with the prior written approval of the Recreation Department and Township Committee. C. CONTRACTOR shall meet with the Recreation and Public Works Departments in December or January to discuss upcoming pre-season field maintenance and outline tasks. Field prep workdays should be conducted in coordination with/under the guidance of the Recreation and Public Works Departments. D. The Recreation and Public Works Departments reserve the right to take fields out of service for a partial or entire season to perform maintenance. The CONTRACTOR will be notified of the conflicts prior to the start of the playing season or as soon as possible thereafter. Particular fields may be closed due to conflicts with Township/OWNER events. The CONTRACTOR must adhere to all field closings issued by the Departments. E. Field closings are to be determined with safety and future playability in mind. Weather related field closings In Season may be handled by the CONTRACTOR. When fields are closed during any season due to weather related conditions, the fields must be closed to all users and the Recreation and Public Works Departments must be notified as soon as possible as to the decision to close a field or facility. F. Although the Township/OWNER is responsible for general maintenance the CONTRACTOR shall be responsible for general maintenance of bathrooms, concession stands and other buildings and facilities used and part of this Agreement while in season or if damage is caused by the CONTRACTOR or its activities. G. Although the Township/OWNER has insurance for damage to its property and shall repair and improve any such damage not caused by the CONTRACTOR or its activities, the CONTRACTOR should maintain its own property damage and loss insurance for the loss or damage of any of its own equipment, personal property utilized by the CONTRACTOR and stored in or maintained in Township/OWNER facilities or fields. ARTICLE SIX - FIELD/FACILITY USE: The CONTRACTOR agrees to follow all Township/OWNER ordinances and established policies regarding the scheduling and use of Township/OWNER fields and facilities. The CONTRACTOR shall also follow the following rules with regards to use: A. The CONTRACTOR is responsible for In Season maintenance of the Township owned buildings and concession stands. All County Health Department guidelines and regulations and State Child Labor Laws must be followed. The CONTRACTOR is permitted to use indoor building space for meetings and storage if part of this Agreement. Any changes to the concession building and any changes in the equipment or locks must be approved by the Recreation and Public Works Departments. The Township must have current keys and access codes to all buildings and facilities. The CONTRACTOR is responsible for In Season maintenance, stocking and securing of bathrooms and facilities. B. Should the Township decide to charge for the use of lights on the subject facility and fields it will provide a schedule of costs by separate schedule and may require even organizations such as Township sponsored organizations to pay for and share in the cost of light use. The CONTRACTOR is responsible for turning off all applicable field lights at the conclusion of each 6

7 night s activities. There is a constant and significant expense associated with field lighting and the parties must work together towards conservation of those resources. C. Large outdoor equipment stored on site, including goals and bleachers, shall be available to the public, without charge. D. The CONTRACTOR agrees to police all areas being used to ensure that trash and litter are cleaned up after use and placed in the appropriate containers. E. The CONTRACTOR is responsible for monitoring all areas during its use of the field and facility. This includes both participant and spectator involvement to ensure safety. F. The CONTRACTOR must not allow any alcohol beverages to be consumed on Township/OWNER property or Township/OWNER facilities. G. Signs placed on Township/OWNER owned property must meet Green Acres approval and needs prior approval from the Public Works Department. League sponsored signage as a fundraiser to the organization is permitted by this contract and is part of the contract. Fundraising activities held on site should have prior written consent of the Recreation Department. H. As part of the Agreement the CONTRACTOR shall have the right to use and lease any concession stand and meeting/storage building, and public bathroom available at the Sunshine Village Park Fields or other assigned fields. Such use is not exclusive, even In Season, and the Recreation Director may allow other organizations and programs to use such facilities based on its approved schedule of activities. ARTICLE SEVEN - TOWNSHIP/OWNER S RESPONSIBLITY: The Township/OWNER shall be responsible under this contract for the following activities: A. Provide fields for play. B. Provide general maintenance as set forth above. C. Pay for utility bills including electric, water, natural gas and sewer except where provided otherwise by separate fee schedule. D. Distribute flyers, update calendars to include seasonal sports information. E. Enforce field ordinances Police Department. F. Improve parks and playgrounds pursuant to local Capital Improvement Plans and budget. G. Provide liability coverage for public use of parks and facilities. H. Allow under this Agreement the use of any concession stand, building and bathrooms as part of the Agreement for use by the CONTRACTOR during the term of this Agreement subject to the conditions of this Agreement. ARTICLE EIGHT TERM OF CONTRACT: 7

8 Said delivery or performance shall be in accordance with the provisions of this contract and any documents annexed hereto, if any, or if no time is set forth therein, as directed by the OWNER and as set forth more fully in Article I. CONTRACTOR will perform the services in a good and workmanlike manner subject to any conditions or warranties set forth in this contract. This shall be a five (5) year contract commencing JANUARY 1, 2012 and ending DECEMBER 31, ARTICLE NINE - PAYMENT AND CONSIDERATION: Since the CONTRACTOR is a Township sponsored Recreation program as affirmed by this agreement, the CONTRACTOR shall not be subject to a use fee for the use of facilities and may or may not be subject to light usage fees pursuant to a separate fee schedule adopted by the Township Committee and likewise shall not receive a stipend or payment for the recreational services provided, but both parties shall be subject to the mutual responsibilities and conditions as consideration for this agreement. OWNER agrees to provide CONTRACTOR with the following facilities or service as follows: Use of Fred Boenig Little League Complex, as needed. This contract shall be executed by the CONTRACTOR no later than the commencement of use of municipal facilities and services per Article I. Failure to do so shall result in a default by the CONTRACTOR. ARTICLE TEN - INDEMNIFICATION: The CONTRACTOR shall save and hold the OWNER harmless from and against all liability, damage, loss, claims, demands and actions of any nature whatsoever which arise out of or are connected with, or are a claim to arise out of or be connected with any of the work done by the CONTRACTOR, or its agents, servants, subcontractors or employees, or which arise out of or are connected with, or are claimed to arise out of or be connected with any accident or occurrence which happens, or is alleged to have happened, in or about the place where such work is being performed or in the vicinity thereof (1) while the CONTRACTOR or subcontractor is performing its work, or (2) while any of the CONTRACTOR S or subcontractor s property or equipment or personnel, are in or about such place or the vicinity thereof by reason of or as a result of performance of the CONTRACTOR S or subcontractor s work; including without limitation the generality of the foregoing, all liability, damages, loss, claims, demands and actions on account of personal injury, death, property loss, loss of royalties or fees or claims from the use of patented methods or patented rights or copyrights to OWNER, its employees, agents, contractors or frequenters, CONTRACTOR, its employees, agents, subcontractors or frequenters, or any other persons, whether based upon or claim to be based upon, statutory (including without limitation the generality of the foregoing, Worker s Compensation), contractual, tort or other liability of OWNER, CONTRACTOR, subcontractor or any other persons and whether or not caused or claim to have been caused by active or inactive negligence or other breach of duty by OWNER, its employees, agents, subcontractors or frequenters, CONTRACTOR, its employees, agents, subcontractors or frequenters or any other person. Without limiting the generality of the foregoing, the liability, damage, loss, claims, demands and actions indemnified against shall include all liability, damage, loss, claim, demands and actions for trademark, copyright or patent infringement, for unfair competition or infringement of any other so-called intangible property 8

9 right, for defamation, for false arrest, for malicious prosecution and or any other infringement of personal or property rights of any kind whatsoever. The CONTRACTOR shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all action based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damages, loss, claims, demands and actions. The CONTRACTOR shall also require in all contracts with subcontractors an indemnification clause which indemnifies and holds harmless not only the CONTRACTOR for liability, damage, loss, claims, demands and actions arising from or caused by the active or inactive negligence or other breach of duty by the subcontractor but shall also provide provision for indemnification of the OWNER for any such liability, damage, loss, claims, demands or actions arising from the actions or inactions of the subcontractor. The CONTRACTOR shall provide proof to the OWNER of all such indemnification provisions by supplying a copy of the executed contract between the CONTRACTOR and the subcontractor to the OWNER prior to commencement of any work performed by the subcontractor. ARTICLE ELEVEN - INSURANCE: The CONTRACTOR, during the term of the contract, shall carry Worker s Compensation where required on all employees along with the Public Liability Insurance in limits of at least $1,000, for injuries for one person, $2,000, for injuries to more than one person per accident and property damage insurance of $50, for the joint protection of the CONTRACTOR and OWNER. The CONTRACTOR shall provide the OWNER with a Certificate of Insurance upon execution of this contract to the satisfaction of the OWNER S attorney and shall further certify that the OWNER will receive at least 10 day s notice prior to cancellation of such policies. The CONTRACTOR shall also require that all of its subcontractors have a similar coverage naming both the CONTRACTOR and the OWNER in each case as an additional insured on the subcontractor s policy. Each subcontractor in addition to the CONTRACTOR must provide proof of coverage required in this paragraph to the OWNER prior to commencement of any contracted work. The CONTRACTOR must also show proof that its insurance coverage also covers all participants in the CONTRACTOR S activities, both directly and indirectly, including but not limited to necessary subcontractors, employees referees, umpires, coaches, instructors, players, concession stand workers and volunteers, in general. ARTICLE TWELVE - ASSIGNMENT OR SUBLETTING: CONTRACTOR covenants and agrees not to assign or sublet the work and service specified or covered under the terms of this agreement without the prior approval in writing of the OWNER. ARTICLE THIRTEEN - DISCRIMINATION: MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE: During the performance of this contract, the CONTRACTOR agrees as follows: The CONTRACTOR or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, 9

10 ancestry, marital status, affectional or sexual orientation or sex. Except with respect to affectional or sexual orientation, the CONTRACTOR will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affecional or sexual orientation or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting for the provisions of this nondiscrimination clause. The CONTRACTOR or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex. The CONTRACTOR or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers representative of the CONTRACTOR S commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The CONTRACTOR or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The CONTRACTOR or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. 17: or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17: The CONTRACTOR or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The CONTRACTOR or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statues and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the applicable employment goals, the CONTRACTOR or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex, consistent with the statues and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The CONTRACTOR shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: 10

11 Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 The CONTRACTOR and its subcontractors shall furnish such reports or other documents to the Division of Contract Compliance and EEO as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. ARTICLE FOURTEEN - FURTHER OBLIGATIONS OF THE CONTRACTOR: The CONTRACTOR has the following obligations under this contract in addition to those set forth more fully elsewhere: License and Permits - a. The CONTRACTOR must hold current licenses where state or local regulations require such licenses. Where permits or inspections are required by the local building code official, or other authority having justification, the CONTRACTOR shall obtain such permits. b. The CONTRACTOR is a for profit contractor with a contract 15% or more of the owners bid threshold and therefore before execution of the agreement must produce a New Jersey Business Registration Certificate. c. The CONTRACTOR is a not-for-profit contractor or has a contact for less than 15% of the owner s bid threshold amount. ARTICLE FIFTEEN - WORKMENSHIP AND COMPLIANCE: All work and services shall be in accordance with standards and practices of this trade, profession or practice undertaken by the CONTRACTOR. CONTRACTOR certifies it does not have a criminal record in this or any other state nor its employees or agents or assistants. ARTICLE SIXTEEN TERMINATION OF THE CONTRACT: If the CONTRACTOR defaults, persistently fails, and neglects to carry out the work and services in accordance with the contract and contract documents, fails to perform a provision of the contract, or if the OWNER finds the quality of the work unacceptable, the OWNER after 7 day s written notice to the CONTRACTOR and without any prejudice to any other remedy the OWNER may terminate the contract. The OWNER may make good any deficiencies in the work and may deduct the cost thereof including compensation for expenses made necessary thereby, from the payment then or thereafter due the CONTRACTOR. ARTICLE SEVENTEEN: This Agreement is subject to State of New Jersey Green Acres approval as well as any separate fee schedule and the laws of the State of New Jersey and Township of Neptune, as amended. 11

12 IN WITNESS WHEREOF, the OWNER has caused this instrument to be signed by ATTESTED by and set their hands and seals, or caused these presents to be signed by their proper corporate officers and their proper corporate seal to be hereto affixed, the day and year first above mentioned. ATTEST: TOWNSHIP OF NEPTUNE RICHARD J. CUTTRELL, Clerk By: RANDY BISHOP, Mayor ATTEST: NEPTUNE LITTLE LEAGUE By:, League Secretary, League President (or Notary) STATE OF NEW JERSEY: COUNT Y OF MONMOUTH: SS: I CERTIFY that on (date) personally came before me and this person acknowledged under oath, to my satisfaction, that: (a) this person is named in and personally signed the attached document; and (b) this person acknowledges that he/she is the President of NEPTUNE LITTLE LEAGUE; and (c) this person signed, sealed and delivered this document as his or her act and deed. Signed and sworn to before me on, League Secretary, Notary 12

13 STATE OF NEW JERSEY: COUNTY OF MONMOUTH: SS: I CERTIFY that on (date) Personally came before me, and this person acknowledged under oath, to my satisfaction that: (a) this person is the TOWNSHIP CLERK of the TOWNSHIP OF NEPTUNE, the municipal corporation named in this document; (b) this person is the attesting witness to the signing of this document by the proper corporate officer, who is of the municipal corporation; (c) this document was signed and delivered by the municipal corporation as its voluntary act duly authorized by a proper resolution of the Township Committee; (d) this person knows the proper seal of the municipal corporation which was affixed to this document; (e) this person signed this proof to attest to the truth of these facts. RICHARD J. CUTTRELL Signed and sworn to before me on GENE J. ANTHONY, ESQ. Attorney At Law of New Jersey 13