[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Berlin as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-14-2017 by Ord. No. 2017-16]
All nonprofit organizations operating within the Borough of
Berlin that either receive financial assistance or utilize public
lands owned and maintained by the Borough of Berlin in the best interest
of the citizens of the Borough of Berlin shall at all relevant times
observe the rules, regulations and requirements set forth herein.
A.
All nonprofit organizations set forth herein shall present to the
Mayor and Borough Council, no later than January 31 of each calendar
year, the following information, prior to receiving Borough funds
or utilizing Borough-owned and -maintained property:
(1)
A certified and true copy of the organization's annual audit,
to the extent necessary for the last two years of financial information,
including but not limited to financial statements and banking records
as determined by the Borough's Chief Financial Officer.
(2)
Proof of liability insurance in the form of an occurrence policy
and an endorsement to the liability policy naming the Borough of Berlin,
its agents, employees and professionals as additional insureds and
waiving any and all rights of subrogation against the Borough of Berlin.
The liability insurance required hereunder shall cover bodily injury
and property damage in amounts set by the Borough and/or its risk
manager and shall be in a form approved by the Borough's risk
manager and/or the Borough Attorney.
(3)
In addition to any other requirements, such organizations shall sign,
through a duly authorized representative, an agreement to defend,
indemnify and hold harmless the Borough of Berlin from any and all
claims not arising from the sole negligence of the Borough of Berlin.
(4)
Submit annually a business entity status report proving the organization
is in good standing with the State of New Jersey.
B.
The Mayor and the Borough Council and such other officials, consultants,
agents and employees of the Borough as may be necessary and appropriate
shall be and are hereby authorized to perform those acts and execute
those documents that are necessary in order to effect the purposes
of this article.
C.
Failure to abide by the regulations set forth herein shall result
in either the withholding of funds or revocation of facilities usage.
