17-10

3 time and the Americans with Disabilities Act; e. Benecke agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.S. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time. f. Benecke agrees to inform in writing appropriate recruitment agencies in the area, including 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, sex, affectional or sexual orientation and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices; g. Benecke 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 statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions; h. Benecke 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, sex, affectional or sexual orientation and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions; and i. Benecke and any subconsultants shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office 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 Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (N.J.A.C. 17:27). Section 7. Firm History Benecke represents that no corporation partnership, individual or association, officer, director, employee,

rsuant to Subchapter 10 of the Administrative Code (N.J.A.C. 17:27). Section 7. Firm History Benecke represents that no corporation partnership, individual or association, officer, director, employee, manager, parent, subsidiary, affiliate or principal shareholder of Benecke, has been adjudicated in violation of any state or federal anti-trust or other similar statute within the preceding five years, or previously adjudged in contempt of any court order enforcing any such law, or has an operating history which shows a recurring pattern of flagrant and consistent violation of prohibited or illegal acts. Section 8. General Indemnification Benecke hereby agrees and represents that he indemnifies and holds harmless the Township of West Orange from any and all claims arising out of, or in connection with, the performance of this agreement. Section 9. Authority The Township and Benecke represent and warrant that this Agreement has been duly authorized by the requisite authority and does not violate any agreement which may have entered into with any party or person. Section 10. This Agreement shall be governed by the law of the State of New Jersey. Any disputes shall be determined by the Superior Court of New Jersey, Law Division: Essex County.