SPECIFICATIONS AND BID MATERIALS

FOR

BEACH UMBRELLA STAND CONCESSION

CITY OF NORTH WILDWOOD CAPE MAY COUNTY

NEW JERSEY MAYOR AND COUNCIL - 2014

FOR ADDITIONAL INFORMATION CONTACT: Kevin Yecco, City Administrator North Wildwood City Hall 901 Atlantic Ave.

North Wildwood, NJ 08260 (609) 522-6464

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TABLE OF CONTENTS

Notice to Bidders ...................................................................................................................... NB-1 General Information for Bidders ................................................................................................ GI-1 Ownership Disclosure Statement ............................................................................................. OD-1 Non-Collusion Affidavit ........................................................................................................ NCA-1 Contract .................................................................................................................................. CON-1 Ordinance 1432 .............................................................................................................. Appendix A

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NOTICE TO BIDDERS

CITY OF NORTH WILDWOOD 901 Atlantic Avenue

North Wildwood, New Jersey 08260 (609) 522-2030

PLEASE TAKE NOTICE that on Wednesday, February 19, 2014 at 2:00 p.m.

prevailing time, in the Council Chambers of the City Hall, 901 Atlantic Avenue, North Wildwood, New Jersey, the City of North Wildwood will receive, by public auction, oral bids for the following: Beach Umbrella Stand Concession for the 2014 summer season at a minimum bid of $15,000.00.

The successful bidder shall deposit, at the time of its bid, a certified check, cashier’s check, bid bond and/or cash, in the total amount of 20% of it’s total lump sum bid, but in no case shall said amount exceed $15,000.00.

When the successful bidder is one of the following types, the following persons shall individually guarantee the payment of the rents: (a) In case of a partnership, all general partners owning 10% or more of the partnership; (b) In case of a corporation, the shareholders owning 10% or more of the stock of the corporation; (c) In case of an individual, the individual; (d) In the case of a limited liability company, all members owning 10% or more of the company. The successful bidder shall supply these names with its deposit on the day of the auction.

At the time of the auction the highest bidder shall submit to the City a New Jersey Business Registration Statement as required by N.J.S.A. 52:32-44b(1), an Ownership Disclosure Statement as well as a Non-Collusion Affidavit on forms established by the City. The required Ownership Disclosure Statement and Non-Collusion Affidavit, and all other bidding and contract documents and materials, can be obtained by contacting the City Clerk at the City of North Wildwood Municipal Building which is located at 901 Atlantic Avenue, North Wildwood, New Jersey and whose telephone number is (609) 522-2030 or via www.northwildwood.com.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31, et. seq. and N.J.A.C. 17:27 (Contract Compliance and Affirmative Action for Public Contracts). The statutory and regulatory language of those statutes and administrative regulations are incorporated into the specifications and the contract with the successful bidder by reference.

Prospective bidders are required to comply with the requirements of N.J.S.A. 19:44A-20.27. Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC), if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

The successful bidder shall be required to comply with the provisions of the New Jersey Prevailing Wage Act.

The contract shall be awarded to the responsible bidder bidding the highest bid therefor.

City Council reserves the right to reject any and all bids or to waive any irregularities or informalities as may be permitted by law.

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BY ORDER OF THE MAYOR AND COUNCIL

Dated: ______________________________ W. Scott Jett, City Clerk

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GENERAL INFORMATION FOR BIDDERS

I. Invitation to Bid. PLEASE TAKE NOTICE that oral auction bids will be received by the City Clerk of the City of North Wildwood on Wednesday, February 19, 2014 at 2:00 p.m., prevailing time, in the Council Chambers, City Hall, 901 Atlantic Avenue, North Wildwood, New Jersey for the concession contract for the rental of beach umbrellas, beach chairs, cabanas and floatation devices (approved by the Beach Director of the City of North Wildwood) for the 2014 summer season in accordance with Chapter 138, Article III of the North Wildwood City Code entitled “Beach Stands,” as amended by Ordinance #1432. The concession will be for all areas designated in said Chapter 138, Article III as being available for the operation of beach stands for the rental of beach umbrellas, beach chairs, cabanas and floatation devices (approved by the Beach Director of the City of North Wildwood); however, under the terms of this concession the successful bidder shall be limited to twenty (20) beach stands and the spacing restrictions that are contained in Chapter 138, Article III, as amended by Ordinance #1432, shall be applicable to said twenty (20) beach stands. The minimum bid for the 2014 season is Fifteen Thousand ($15,000.00) Dollars.

II. Submitting or Delivery of Bids. Bids must be submitted at the time designated in

the Notice to Bidders and in Paragraph I above in person by the bidder. The City of North Wildwood reserves the right to reject any or all bids in whole or in part and to waive such informalities as may be permitted by law.

III. Time and Place for Acceptance of Bids. The City has designated the City Clerk as the person authorized to receive all bids for the City of North Wildwood.

IV. Bid Form. All bids must be orally submitted V. Highest Qualified Bidder. The concession will be awarded to the responsible bidder whose bid is the highest number of dollars. VI. Awarding of Concession. All bids will be reviewed and the award of the concession shall be contingent upon adoption of a resolution by the City Council confirming the award of the concession to the high bidder. The successful bidder will

be required to execute the concession contract, a copy of which is attached to this bid package.

VII. Obligation of Bidder. Bidders should review Chapter 138, Article III of the

Code of the City of North Wildwood entitled “Beach Stands,” as amended by Ordinance #1432, (a copy of which is annexed hereto and, by this reference, is deemed to be a part of this General Information for Bidders) in order to familiarize themselves with the ordinances to which this concession in part will be subject. At

General Information for Bidders (continued)

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the time of the receipt of bids, each bidder will presumed to have read and to be thoroughly familiar with the contents of the Notice to Bidders, the General Information for Bidders, and Chapter 138, Article III of the Code of the City of North Wildwood entitled “Beach Stands,” as amended. The failure or omission of any bidder to receive or examine any form, instrument, or document, shall in no way relieve any bidder from any obligation with respect to his bid.

VIII. Bidder’s Qualifications; Ownership Disclosure Statement; Non-Collusion

Affidavit. At the time of the auction the highest bidder shall submit to the City of North Wildwood a New Jersey Registration Certificate pursuant to N.J.S.A. 52:32-44b(1), a completed Ownership Disclosure Statement and a complete Non- Collusion Affidavit on forms provided by the City of North Wildwood. In the absence of receipt of any of the foregoing by the City of North Wildwood, there shall be no obligation on the City of North Wildwood to confirm award of the concession to the highest bidder. Accordingly, all bidders, should bring with them to the auction their New Jersey Business Registration Certificate. The City of North Wildwood will make such investigations as it deems necessary to determine the responsibility of the bidder and the bidder shall furnish the City of North Wildwood all such information as may be requested by the City of North Wildwood notwithstanding the fact that release of such information to the City of North Wildwood may result in the disqualification of the bidder and his bid.

The City of North Wildwood reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City of North Wildwood that such bidder properly is qualified to carry out the obligations of the concession contract.

IX. Termination of Concession Contract. Failure on the part of the contractor to comply with any of the provisions as set forth in all documents attached hereto, shall be sufficient cause for the termination of this contract. In the event of death of an individual contractor, dissolution of a corporation or partnership or limited liability company or bankruptcy, insolvency, or appointment of a receiver, the City of North Wildwood may declare said contract is terminated.

OWNERSHIP DISCLOSURE STATEMENT In accordance with P.L. 1977, c. 33 ((N.J.S.A. 52:25-24.2), corporate and partnership bidders on this Contract must submit a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% of more of its stock, of any class, or of all individual partners in the partnership who own a 10% or greater interest therein, as the case may be. If one of more such stockholder or partner is itself a corporation or partnership, the names and addresses of stockholders holding 10% or more of that corporation’s stock, or of the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every known corporate stockholder, and individual partner, exceeding the 10% ownership criterion, has been listed. If the bidder is neither a corporation nor a partnership, he shall so attest in the spaces provided below. For the purpose of responding to this Ownership Disclosure Statement, a Limited Liability Company shall be considered equivalent to a partnership and as such, bidders must provide the information requested herein regarding ownership. NAME ADDRESS ________________________ _________________________________ ________________________ _________________________________ ________________________ _________________________________ ________________________ _________________________________ Note: Add additional pages if necessary. Note: Submit Statement for each member if a Joint Venture. Signature of Disclosure Statement in behalf of Partnership or Limited Liability Company. If bidder is a limited liability company, affix company resolution authorizing said individual to sign documents such as this statement on behalf of the limited liability company. Affix company seal to all attached resolutions and to statement.

Name of Partnership or Limited Liability Company

_________________________________ ________________________ By_______________________________ Witness Signature General Partner or Authorized Member

Date:____________________

Signing of bid on behalf of corporation (principal executive officer and secretary). Affix corporate resolution authorizing said individual to sign documents such as this statement on behalf of corporation. Affix corporate seal to all attached resolutions and to statement. Attest: Name of Corporation:

_________________________________ ________________________ By_______________________________ , Secretary Corporate Seal Date:____________________

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Signature of Disclosure Statement by Individual Proprietor. The Bidder is Neither a Corporation Nor a Partnership. Witnessed: ________________________ _________________________________

(Signature of Individual Proprietor) Date:____________________

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NON-COLLUSION AFFIDAVIT STATE OF _________________ :

: SS. COUNTY OF _______________ :

I, ______________________________, am the ____________________________________ (Name of Affiant) (Identify relationship to Bidder: e.g., Owner

Partner, President or other Corporate Officer)

of ______________________________, and, being duly sworn, I depose and say: (Name of Bidder) 1. I am employed by the firm of ______________________________, the bidder submitting the

(Name of Bidder) bid proposal for the contract for: Beach Umbrella Stand Concession, (Name of Contract of Project) in the capacity of ______________________________, (Title of Affiant) and I have executed the bid proposal with full authority to do so. 2. The bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the aforementioned bid proposal. 3. All statements contained in said bid proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey and the City of North Wildwood will rely upon the truth of the statements contained in this affidavit and in said bid proposal in awarding the contract for the said project. 4. I further warrant that no person or selling agency has been employed or retained to solicit or secure such license upon an agreement or understanding for a commission, percentage brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the ______________________________ (N.J.S.A. 52:34-15).

(Name of Bidder) Name of Firm or Individual Title: ______________________________ Signature: ______________________________ Date: _______________ Subscribed and sworn to before me this _____ day of _______________, __________. ______________________________ Notary Public of My Commission expires _______________, __________.

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CONCESSION CONTRACT

CITY OF NORTH WILDWOOD CAPE MAY COUNTY, NEW JERSEY

FOR BEACH UMBRELLA STAND CONCESSION

THIS AGREEMENT made and entered into this __ day of , 2014 by and

between the City of North Wildwood, Cape May County, State of New Jersey, party of the first part,

hereinafter designated as the “Owner”, and _______________________________________ having

its/his/her principal place of business at ___________________________________, party of the

second part, hereinafter designated as the “Contractor”.

WITNESSETH:

WHEREAS, City Council has authorized the execution of a Contract with Contractor

pursuant to Resolution No. ________ adopted on the ____ day of _________, 2014;

NOW, THEREFORE, for an in exchange of the covenants and conditions set forth herein

and for such monetary consideration as set forth herein, Owner and Contractor agree as follows:

ARTICLE I –DEFINITIONS

Wherever the words defined in this article or pronouns used in their stead, occur in this

contract and the specifications hereto attached, they shall have the following meanings:

The word "Owner" shall mean the party of the first part above designated or any agency or officer or representative duly authorized to act in its place.

The word "Contractor" shall mean the party of the second part above designated entering into this contract and the legal representatives of the said party or agents appointed to act for the said party in the performance of the work.

The word "Contract" shall mean, collectively, all of the covenants, terms and stipulations in these articles of agreement and in the supplementary documents which constitute essential parts of the agreement and are hereby made such parts thereof, to wit:

· Notice to Bidders published on __________, 2014

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· Resolution #_______ dated _____________ · Ownership Disclosure Statement · General Information for Bidders · Non-Collusion Affidavit

The word "Specifications" shall mean, collectively, all of .the terms and stipulations

contained in the “General Information to Bidders” and in Chapter 138, Article III of the Code of the City of North Wildwood, as amended, appended to this agreement.

The words "Contract Documents" shall mean the "Contract" as hereinbefore defined.

Wherever in the Specifications or Contract Documents the words "directed", "required", "permitted", "ordered", "instructed", "designated", "considered necessary", or words of like import are used, it shall be understood that the direction, requirement, permission, order, instruction, designation, or decision of the Owner is intended and, similarly, the words "approved", "acceptable" or satisfactory", or words of like import, shall mean approved by, or acceptable to, or satisfactory to, the Owner unless another meaning is plainly intended. ARTICLE II – GRANT OF CONCESSION

The Contractor shall be and hereby is given the sole and exclusive privilege to operate a beach stand concession for the rental of beach umbrellas, beach chairs, cabanas (approved by the Beach Director of the City of North Wildwood) and flotation devices (approved by the Beach Director of the City of North Wildwood) in the City of North Wildwood within those areas as are set forth in the specifications, contract documents and in Chapter 138, Article III of the Code of the City of North Wildwood, as amended, all to be in the manner, within the time and for the consideration herein stipulated and agreed upon. ARTICLE III - WORK SHALL BE IN ACCORDANCE WITH SPECIFICATIONS

The intent of the Specifications is that the Contractor shall furnish all products, services, labor, materials, equipment and transportation necessary for the proper execution of the work unless specifically noted otherwise.

a. Discrepancies: Any discrepancies found between the Specifications and work conditions or any inconsistencies or ambiguities in the Specifications shall be immediately reported to the Owner, who, if warranted, shall promptly correct such inconsistencies or ambiguities in writing.

b. Adequacy: The complete requirements of the services to be performed under the Contract shall be set forth in the Specifications as supplied by the Owner. The Specifications shall be considered inseparable documents and in considering them the Contractor shall rely upon this instrument in order to perform the work in accordance with their combined intent.

c. Conformance: The services to be performed must conform with the Specifications and

other directions of the Owner as to the quality of the services specified as given from time to time under the terms of this Contract. ARTICLE IV - CONTRACTOR’S REPRESENTATIVES, EMPLOYEES AND OFFICE

The Contractor shall give his personal attention to the faithful prosecution of the services to

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be performed. The Contractor shall at all times be responsible for the conduct and discipline of his employees. Only competent and skilled persons shall be employed and whenever the Owner shall notify the Contractor in writing that any person on the work is, in his opinion, incompetent, unfaithful or disorderly, or in any other way unsatisfactory, such person shall be immediately discharged from the work and not again employed on it, except with the consent of the Owner. ARTICLE V - RIGHTS AND RESPONSIBILITIES OF CONTRACTOR

All services performed under the Contract shall be done in strict accordance with the Contract Documents. All services performed shall be done under the direct supervision of the Contractor. The Contractor shall be responsible for the means, methods, techniques and procedures for providing a safe place for the performance of the work by the Contractor, suppliers and their employees and for access, use, work or occupancy by all authorized persons.

From the commencement of Contract the Contractor shall be solely responsible for the administration of the work during the term of the Contract, for equipment used and intended to be used in the work and for protection to private or public property. Any injury or damage to the same shall be repaired at the Contractor's expense.

The Contractor shall be responsible for any loss or damage to his equipment, shall carry such insurance covering said loss or damage as is required by the Contract Documents. ARTICLE VI – TERM; PAYMENT; LATE FEES

The term of the concession contract is for the 2014 summer season. In consideration of the award of this concession contract by the Owner to the Contractor, the

Contractor shall pay the sum of $________________ (as bid by the Contractor for the 2014 summer season).

The amounts due from the Contractor to the Owner shall be paid pursuant to the payment

schedule established by Chapter 138, Article III of the Code of the City of North Wildwood, as amended.

Any amounts due under this contract, which are made (10) or more days after the due date,

shall be subject to a late charge of five (5%) percent of the amount of the payment, with a minimum late charge of $100.00. ARTICLE VII - LAWS AND REGULATIONS

The Contractor shall keep himself informed of all laws, ordinances and regulations in any manner affecting those engaged or employed in the work or the materials used in the work or in any way affecting the conduct of the work, and all orders or decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency shall be discovered in this Contract or in the Specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall forthwith report the same in writing to the Owner. He shall at all times himself observe and comply with and shall cause his agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the Owner, their officers and agents against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree, whether by

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himself or by his employees or subcontractors. ARTICLE VIII - ASSIGNMENT AND SUBLETTING

The Contractor shall keep the work under his personal control and shall not assign, transfer, convey, sublet or otherwise dispose of this Contract or his right, title or interest in or to the same or any part thereof, without the previous consent in writing of the Owner and he shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under this Contract unless by and with the like consent of the Owner. Consent by the Owner to an assignment of this consent shall not, in any way, release the Contractor from the conditions, covenants, and agreements herein undertaken to be done and performed by the Contractor, but such duty to perform shall continue as though such assignment had not been made. ARTICLE IX - OWNER’S RIGHT TO TERMINATE AGREEMENT AND COMPLETE WORK

The Owner shall have the right to terminate this agreement with the Contractor after giving five (5) days written notice of termination to the Contractor in the event of any default by the Contractor.

a. Default by the Contractor: It shall be considered default by the Contractor whenever he shall:

(i) Declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors; or

(ii) Disregard or violate provisions of the Contract Documents or fail to prosecute

the work according to the agreed schedules and specifications; or

(iii) Fail to provide competent workmen or personnel or proper equipment or fail to make prompt payment therefor.

b. Completion by the Owner: In the event of termination of the agreement by the Owner

because of the default by the Contractor, the Owner may take whatever method and means he may select to complete the work and/or may proceed in the manner described in Chapter 138, Article III, of the Code of the City of North Wildwood, as amended.

ARTICLE X - INDEMNIFICATION AND HOLD HARMLESS

Contractor shall indemnify, save harmless and defend the City of North Wildwood, its elected and appointed officials, its employees, agents, volunteers and others working on behalf of the City of North Wildwood, from and against any and all claims, losses, costs, attorney’s fees, damages, or injury, including death and/or property loss, expense claims or demands arising out of or caused or alleged to have been caused in any manner by a defect in any equipment or materials supplied under this Contract or by the performance of any work under this Contract, including all suits or actions of every kind or description brought against the City of North Wildwood, either individually or jointly with Contractor, for or on account of any damage or injury to any person or persons or property, caused or occasioned or alleged to have been caused by, or on account of, the

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performance of any work pursuant to or in connection with this Contract, or through any negligence or alleged negligence in safeguarding the work area, or through any act, omission or fault or alleged act, omission or fault of the Contractor, its employees, subcontractors or agents or others under the Contractor’s Contract. This indemnification and hold harmless agreement shall apply in all instances whether the City of North Wildwood as well as its agents and employees is made a direct party to the initial action or claim or subsequently is made a party to the action by third-party in-pleading or is made a party to a collateral action arising, in whole or in part, from any of the issues emanating from the original cause of action or claim. ARTICLE XI - ORAL AGREEMENTS

No oral order, objection, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a specifically agreed waiver or modification thereof in writing, and in the absence of thereof no evidence shall be introduced in any proceeding of any other waiver or modification. ARTICLE XII - LEGAL ADDRESS AND WRITTEN NOTICES

All notices to be given shall be given in writing and shall be delivered personally or by registered or certified mail, return receipt requested as follows:

a. If to Owner, address to City of North Wildwood, 901 Atlantic Ave., North Wildwood, New Jersey 08260; attention: City Administrator.

b. If to Contractor, address as listed upon page one of this Contract.

ARTICLE XIII - INSURANCE

As a condition precedent to the Owner’s obligation to execute this Contract, the Contractor is required to submit evidence (consisting of Certificates of Insurance and/or copies of the insurance policies with all endorsements) satisfactory to the Owner showing that the Contractor has obtained all insurance coverage required herein. Neither the Contractor nor any of the Contractor’s agents or employees are permitted to perform any work on the Contract unless all of the insurance required by this Contract is in effect.

Nothing contained in this Article entitled “Insurance” or in the Contract Documents shall be construed as limiting the extent of the Contractor’s liability for claims or damages resulting from or related to the Contractor’s operations under this Contract.

All insurance required hereunder (except Workers’ Compensation Insurance policies) shall include the interests of the Owner as an additional insured on such policies. Contractor waives all rights against the Owner in such policies for all losses and damages caused by any of the perils covered by such policies and all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as an additional insured.

The Contractor acknowledges that the Owner has insurable interests in the project under the

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Contractor’s insurance policies.

The Contractor shall purchase and maintain, at its sole expense, insurance as will provide protection from claims and liabilities which may arise out of or result from Contractor’s performance and furnishing of the work and Contractor’s other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor or by anyone for whose acts the Contractor may be liable, with companies satisfactory to the Owner, as follows:

a. Worker’s Compensation and Employer’s Liability Insurance - Covering all of the Contractor’s employees directly or indirectly engaged in the performance of this Contract. This insurance shall comply with the statutory requirements of the State or States involved.

b. Commercial General Liability Insurance – Comprehensive broad-form general

public liability insurance for all known risks and hazards, including, but not limited to general liability, recreational liability and such other risks and hazards in an amount of at least $1,000,000.00 per person and $2,000,000.00 per occurrence for bodily injury coverage and at least $50,000.00 for property damage coverage arising from the contractor’s activities and operations under the terms of this Agreement.

c. Comprehensive Automobile Liability Insurance Coverage – Covering the

Contractor for claims arising from all owned, hired and non-owned vehicles with a $1,000,000.00 combined single limit.

d. Policy Limits - Specified above are minimum, and wherever the law requires

higher limits, the higher limits shall govern.

e. Periods of Coverage - All other policies required under the Contract shall remain in full force and effect throughout the term of the Contract.

f. Certificates - Certificates of the insurance required above must be filed with the

Owner before the Contract is signed on behalf of the Owner. The Certificate(s) must expressly stated that, “All insurance coverage required by the provisions of the Contract for Beach Umbrella Stand Concession with the City of North Wildwood have been provided.” All Certificates of Insurance must provide for a minimum sixty (60) days prior written notice to the Owner of any policy cancellation, material change, or non-renewal.

g. Forms of Policies - All liability insurance shall be on an occurrence basis.

ARTICLE XIV - MISCELLANEOUS

a. Damage to Property - Any damage that is done to any private property (real, personal or otherwise) or to any City of North Wildwood property (real, personal or otherwise) must be reported to the City of North Wildwood Director of Public Works and to the City of North Wildwood City Administrator within twenty four (24) hours of the occurrence of the incident resulting in said damage. As to any such damage caused by the Contractor

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or its employees, it is the sole responsibility of the Contractor to provide for repair or replacement, as the case may be, of the damaged property.

b. Governing Law and Litigation - This contract shall be governed by and interpreted in

accordance with the laws of the State of New Jersey and any litigation arising out of the performance or non-performance of the terms and conditions of this contract shall be conducted in the Superior Court of New Jersey, Cape May County.

c. Security – Pursuant to Chapter 138, Article III of the Code of the City of North

Wildwood, as amended, upon execution of this Contract by the Contractor, the Contractor shall deliver to the Owner a security deposit in the sum of $500.00 to be used by the Owner for clean-up at the end of each season, including reasonable expenses for removing the Contractor’s beach stands in the event that the Contractor fails to do so by October 1st in year of this Contract.

d. Headings - The headings contained in this Contract are for reference purposes only and shall not affect the meaning or interpretation of this Contract. e. Attorney Review - North Wildwood and Contractor acknowledge that they have had

adequate opportunity to review the contents of this contract with their respective legal counsel and have executed this contract with full and complete understanding of its terms. North Wildwood and Contractor further agree that no inference concerning the meaning or interpretation of this contract shall be drawn based upon the fact that it has been drafted by North Wildwood’s legal counsel.

ARTICLE XVI - EXECUTION OF CONTRACT IN WITNESS WHEREOF, the parties have set their hands and seals the day, month and year first written above. Attest: CITY OF NORTH WILDWOOD By: W. Scott Jett, City Clerk Patrick Rosenello, Mayor Attest: By:

, Secretary , President (Affix Seal) Complete if unincorporated Contractor: Witness:

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OWNER ACKNOWLEDGMENT STATE OF NEW JERSEY :

: ss. COUNTY OF CAPE MAY :

I CERTIFY, that on this _____ day of ____________________, 20___ before me personally appeared W. Scott Jett and acknowledged under oath to my satisfaction that:

a. He is the City Clerk of the City of North Wildwood; b. He well knows the seal of the City of North Wildwood and that the seal affixed

to this document is such seal and was affixed to this document by the proper official, Patrick Rosenello, who is the Mayor of the City of North Wildwood;

c. He is the attesting witness to the signing of this contract by the said Mayor of

the City of North Wildwood; d. This document was signed and delivered by the City of North Wildwood as its

voluntary act duly authorized by a resolution of the governing body of the City of North Wildwood.

Sworn to and subscribed before me the date aforesaid

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PERSONAL ACKNOWLEDGMENT STATE OF NEW JERSEY :

: ss. COUNTY OF CAPE MAY : BE IT REMEMBERED, that on this _____ day of ____________________, 20 __ before me, the subscriber, personally appeared who, I am satisfied, is the person named in and who executed the within instrument, and thereupon acknowledged that the instrument was signed, sealed and delivered as his/her Act and Deed, for the uses and purposes therein expressed. Sworn to and subscribed before me the date aforesaid

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CORPORATE ACKNOWLEDGMENT STATE OF NEW JERSEY :

: ss. COUNTY OF CAPE MAY : BE IT REMEMBERED, that on this _____ day of ____________________, 20 __ before me personally appeared who, being by me duly sworn on his/her oath, does depose and make proof to my satisfaction that he/she is the Secretary of , the Corporation named in the within instrument; that is the President/Vice President of said Corporation; that the execution as well as the making of this instrument has been duly authorized by a proper resolution of the Board of Directors of said Corporation; that deponent well knows the corporate seal of said Corporation; and that the seal affixed to said instrument is the proper corporate seal and was thereto affixed and said instrument signed and delivered by said President/Vice President as and for the voluntary Act and Deed of said Corporation, in the presence of deponent, who thereupon subscribed his/her name thereto as attesting witness. Sworn to and subscribed before me the date aforesaid.

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LIMITED LIABILITY COMPANY ACKNOWLEDGMENT State of New Jersey, County of Cape May I am a Notary Public in and for the State of New Jersey, an officer authorized to take acknowledgements and proofs in this State. I sign this acknowledgment below to certify that it was made before me. On ________________, 2014, ________________________________________, personally came before me, and this person acknowledged under oath, to my satisfaction, that:

a) this person (s) is/are members of ____________________________ , L.L.C. the limited liability company named in this instrument;

b) this instrument was signed and delivered by the company as its voluntary act duly authorized by a proper Resolution of its members;

c) this person knows the proper seal of the company, which was affixed to this instrument;

d) this person signed this proof to attest to the truth of these facts; and ______________________________ Notary Public of New Jersey My Commission Expires:

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PERSONAL GUARANTEE

In consideration of the execution of this concession agreement on the day and date first written above by and between the City of North Wildwood, and the contractor, __________________________, and for value received, I, ________________________, residing at ______________________, unconditionally and personally guarantee to the City of North Wildwood full and punctual performance of all concession payment obligations and full and complete compliance with all concession terms required of the contractor, _______________________, without requiring any notice of any non-payment or non-performance or proof of notice and/or demand being made and I, ________________________, further agree to be personally bound and responsible under said concession and subject to all rights and remedies provided the City of North Wildwood upon contractor’s default of any concession provisions.

_________________________________ __________________________________

Witness , Individually