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Displaying 26511 - 26520 of 38765

Finance Committee - Agenda - 5/16/2018 - P67

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
67
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

future, which is beyond the reasonable control of such party. Delays arising from the actions or
inactions of one or more of Service Provider's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within Service
Provider's control.

9. DISPUTE RESOLUTION. Any dispute not within the scope of section 7 or section 8 shall
be resolved under this paragraph. Either party shall provide to the other party, in writing and with
full documentation to verify and substantiate its decision, its stated position conceming the
dispute. No dispute shall be considered submitted and ao dispute shall be valid under this
provision unless and until the submitting party has delivered the written statement of its position
and full documentation to the other party. The parties shall then attempt to resolve the dispute
through good faith efforts and negotiation between the City Representative and a Service
Provider representative. At all times, Service Provider shall carry on the work under this
contract and maintain and complete work in accordance with the requirements of the contract or
determination or direction of the City. If the dispute is not resolved within 30 days, either party
may request that the dispute be submitted to the Board of Public Works for final resolution. The
decision of the Board of Public Works shall be final and binding on the parties. If either party is
dissatisfied with the decision of the Board of Public Works, that patty may immediately
terminate the contract under this paragraph, with Service Provider being entitled to compensation
for work actually and satisfactorily performed up to the time of the termination and the City
being entitled to all contract materials in accordance with paragraph 21, and compensation for
any additional damages or expenses incurred in completing the work under the contract,
including, without limitation, the costs of securing the services of other Service Providers,

10. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment,
compensation, or adjustment of any kind shall be made to Service Provider for damages because
of hindrances or delays in the progress of the work from any cause, and Service Provider agrees
to accept in full satisfaction of such hindrances and delays any extension of time that the City
may provide.

11. INSURANCE. Service Provider shall carry and maintain in effect during the performance
of services under this contract:

>» General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000

aggregate,
» $1,000,000 Combined Singie Limit Automobile Liability;

*Coverage must include all owned, non-owned and hired vehicles.

Service Provider shall maintain in effect at all times during the performance under this contract
all specified insurance coverage with insurers. None of the requirements as to types and limits to
be maintained by Service Provider are intended to and shall not in any manner limit or qualify
the liabilities and obligations assumed by Service Provider under this contract. The City of
Nashua shall not maintain any insurance on behalf of Service Provider. Subcontractors are
subject to the same insurance requirements as Service Provider and it shall be the Service
Provider’s responsibility to ensure compliance of this requirement.

Service Provider will provide the City of Nashua with certificates of insurance for coverage as
listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City issues the notice of award. The City of Nashua requires thirty days written
notice of cancellation or material change in coverage. The certificates and endersements for

GC 7 of 13

Page Image
Finance Committee - Agenda - 5/16/2018 - P67

Finance Committee - Agenda - 5/16/2018 - P68

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
68
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

each insurance policy must be signed by a person authorized by the insurer and who is licensed
by the State of New Hampshire. General Liability and Auto Liabili licies must name the
City of Nashua as an additional insured and reflect on the certificate of insurance, Service
Provider is responsible for filing updated certificates of insurance with the City of Nashua's Risk
Management Department during the life of the contract.

= All deductibles and self-insured retentions shall be fully disclosed in the certificate(s} of
insurance.

* If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, Service Provider must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.

* The specified insurance requirements do not relieve Service Provider of its
responsibilities or limit the amount of its liability to the City or other persons, and Service
Provider is encouraged to purchase such additional insurance, as it deems necessary.

« The insurance provided herein is primary, and no insurance held or owned by the City of
Nashua shall be called upon to contribute to a loss.

" Service Provider is responsible for and required to remedy all damage or loss to any
property, including property of the City, caused in whole or part by Service Provider or
anyone employed, directed, or supervised by Service Provider.

12. _ INDEMNIFICATION Regardless of any coverage provided by any insurance, Service
Provider agrees to indemnify and shall defend and hold harmless the City, its agents, officials,
employees and authorized representatives and their employees from and against any and all suits,
causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages,
liabilities, interest, attorney’s fees, costs and expenses of any kind or nature in any manner
caused, occasioned, or contributed to in whole or in part by reason of any negligent act,
omission, or fault or willful misconduct, whether active or passive, of Service Provider or of
anyone acting under its direction or control or on its behalf in connection with or incidental to
the performance of this contract. Service Provider's indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to lability caused by the sole negligence or
willful misconduct of the party indemnified or held harmless.

13. FISCAL CONTINGENCY. All payments under this contract are contingent upon the
availability to the City of the necessary funds. This contract shall terminate and the City's
obligations under it shall be extinguished at the end of any fiscal year in which the City fails to
appropriate monies for the ensuing fiscal year sufficient for the performance of this contract.

Nothing in this contract shall be construed to provide Service Provider with a right of payment
over any other entity. Any funds obligated by the City under this contract that are not paid to
Service Provider shall automatically revert to the City’s discretionary control upon the
completion, termination, or cancellation of the agreement. The City shall not have any
obligation to re-award or to provide, in any manner, the unexpended funds to Service Provider.
Service Provider shall have no claim of any sort to the unexpended funds.

14, COMPENSATION. Review by the City of Service Provider's submitted monthly invoice

forms and progress reports for payment will be promptly accomplished by the City. If there is
insufficient information, the City may require Service Provider to submit additional information.

GC 8 of 13

Page Image
Finance Committee - Agenda - 5/16/2018 - P68

Finance Committee - Agenda - 5/16/2018 - P69

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
69
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

Unless the City, in its sole discretion, decides otherwise, the City shall pay Service Provider in
full within 30 days of approval of the submitted monthly invoice forms and progress reports.

15. COMPLIANCE WITH APPLICABLE LAWS. Service Provider, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Service
Provider shall, throughout the period services are to be performed under this contract, monitor
for any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,
shall promptly notify the City in writing of any changes to the same relating to or affecting this
contract, and shall submit detailed documentation of any effect of the change in terms of both
time and cost of performing the contract.

16. | NONDISCRIMINATION. If applicable or required under any federal or state law, statute,
regulation, order, or other requirement, Service Provider agrees to the following terms. Service
Provider will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Service Provider agrees to take affirmative action to employ, advance
in employment, or to otherwise treat qualified, handicapped individuals without discrimination
based upon physical or mental handicap in all employment practices, including but not limited to
the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff,
termination, rates of pay, or other forms of compensation and selection for training, including
apprenticeship,

Without limitation of the foregoing, Service Provider's attention is directed to 41 CF.R. § 60-
1.4, and the clause entitled "Equal Opportunity Clause" which, by reference, is incorporated into
this contract, to 41 C.F.R. § 60-250 et seq. and the clause entitled "Affirmative Action
Obligations of Service Providers and Subcontractor for Disabled Veterans and Veterans of the
Vietnam Era," which, by reference, is incorporated in this contract, and to 41 C.F.R. § 60-471
and the clause entitled "Affirmative Action Obligations of Service Providers and Subcontractors
for Handicapped Workers,” which, by this reference, is incorporated in this contract.

Service Provider agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Service Provider under this contract.

In connection with the performance of work under this contract, Service Provider agrees not to
discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not 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.

Service Provider agrees, if applicable, to insert these provisions in all subcontracts, except for

subcontracts for standard commercial supplies or raw materials, Any violation of any applicable
provision by Service Provider shall constitute a material breach of the contract,

GC 9 of 13

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Finance Committee - Agenda - 5/16/2018 - P69

Finance Committee - Agenda - 5/16/2018 - P70

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
70
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

17. FEDERAL SUBCONTRACTING REQUIREMENTS. If Service Provider awards a subcontract
under this contract, Service Provider, if applicable, shall use the following alternative steps:

A. Using the services of the Smali Business Administration and the Minority
Business Development Agency of the United States Department of
Commerce, as appropriate; and

B. Requiring the subcontractor, if it awards subcontracts, to take the
affirmative steps set forth in paragraph A.

If applicable, Service Provider agrees to complete and submit to the City a Minority Business
Enterprise/Woman Business Enterprise (MBE/WBE} Utilization Report (Standard Form 334)
within 30 days after the end of each fiscal quarter until the end of the contract.

18. ENDORSEMENT. Service Provider shall seal and/or Stamp and sign professional
documents including drawings, plans, maps, reports, specifications, and other instruments of
service prepared by Service Provider or under its direction as required under the laws of the State
of New Hampshire.

19, ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING. Service Provider shall
not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City. Any such assignment, transfer, delegation, or
subcontracting without the prior written consent of the City is void. Any consent of the City to
any assignment, transfer, delegation, or subcontracting shall only apply to the incidents
expressed and provided for in the written consent and shall not be deemed to be a consent to any
subsequent assignment, transfer, delegation, or subcontracting. Any such assignment, transfer,
delegation, or subcontract shall require compliance with or shall incorporate all terms and
conditions set forth in this agreement, including all incorporated Exhibits and written
amendments or modifications. Subject to the foregoing provisions, the contract inures to the
benefit of, and is binding upon, the successors and assigns of the parties.

20. | Crry INSPECTION OF CONTRACT MATERIALS. The books, records, documents and
accounting procedures and practices of Service Provider related to this contract shall be subject
to inspection, examination and audit by the City, including, but not limited to, the contracting
agency, the Board of Public Works, Corporation Counsel, and, if applicable, the Comptroller
General of the United States, or any authorized representative of those entities,

21. DISPOSITION OF CONTRACT MATERIALS. Any books, reports, studies, photographs,
negatives or other documents, data, drawings or other materials, including but not limited to
those contained in media of any sort (c.g., electronic, magnetic, digital) prepared by or supplied
to Service Provider in the performance of its obligations under this contract shall be the
exclusive property of the City and all such materials shall be remitted and delivered, at Service
Provider's expense, by Service Provider to the City upon completion, termination, or cancellation
of this contract. Altematively, if the City provides its written approval to Service Provider, any
books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (¢.g., electronic,
magnetic, digital) prepared by or supplied to Service Provider in the performance of its
obligations under this contract must be retained by Service Provider for a minimum of four years
after final payment is made and all other pending matters are closed. If, at any time during the
retention period, the City, in writing, requests any or all of the materials, then Service Provider
shall promptly remit and deliver the materials, at Service Provider's expense, to the City. Service

GC 10 of 13

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Finance Committee - Agenda - 5/16/2018 - P70

Finance Committee - Agenda - 8/17/2022 - P212

By dnadmin on Sun, 11/06/2022 - 21:45
Document Date
Fri, 08/12/2022 - 13:02
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/17/2022 - 00:00
Page Number
212
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081720…

City of Nashua, New Hampshire

Operating Indicaters by Function

Lau Tes Fie! Year
Fusction
22 Ds 7ans 215 2He mI TO 21F 2020 021

Finance.

Taxable property parcels arsessed 28,010 28.072 2R,082 RATT 24276 28274 27,K95 TI 28,453 24,455

Property uansfers processed a3 2192 2.u0 288 2615 2659 2.662 2.6 13n 2.656

AMotar velucles registered 81,575 87,932 89.364 90924 Haw 93,861 OUBIR 95.250 93,606 97,608

Parking violations 29 20.699 22.85 19,582 23,503 22,165 17,000 20,897 20,071 16911
‘Planning - Inspection Davision

Building snspections 4529 6.2 73n1 5362 9.171 9.520 a732 aon 3175 6.081

Estenated consiructon valve in mrallions él 98 112 BR a aR Ko 95 67 16
Police”

Physical areas atl 1616 4.551 1476 4414 4545 4189 4.075 423 2954

Traffic s.olations 45,518 31598 11,656 14,440 35,087 20,302 20231 68 Ase 13.080
Fore and Resour

Calls arawesed ae 79.96 30,422 36061 34.903 a2 36.838 Moll §6ALS $3,063

Emergency tespanies 5.514 6,052 3585 4927 9592 TLU31 13,985 V7305 10,063 9643

Fires extinguished 774 ont 121 1983 1334 Lav Pra] 221 21 235

Number of mepeckons conducted Les 2.050 2.103 1556 4753 1kal 21S 1856 ant 2076

Emergency medical responses 5,100 sore 5338 41% 5,172 16% ae Tm 5.784 5,421
Pubhe Works

Refuse collected (tors! $0,ake $3.40 $2098 $1340 $4,193 59500 64,032 #2247 516 64.566

Reerchng cones” 12,578 12.123 12.103 12375 13,932 14.137 agit 12,708 12.985 1.6

Streets sesafeced (mules) 39 WwW 45 Ts 822 16 % 2 35 4

Potholes repaired 853 as 10 HAST 1060 1025 ans 126 1610 ss
Wanewater Sistem

Daily average uesiment qrultions of gallons) Wz 108 105 09 wo Nn u n Tl "
Publec Libran.

(tems incollection 254.104 M5281 270.521 201 678 193.984 181,822 176,MR 175,20 145.661 123.004

tems coreuleted 709,122 £10,353 599.541 519646 S212 463,561 424.07 429,250 312.663 314.59
Pubhe Health-Eevtronmental Health

Food service establishment inspections” 1,398 LI heo2 has 1494 1712 10T hau 1105 1R0

Hendental inspectons 2ag 115 390 368 Ts me 19 4 a0 3

Pools spas sampled al He wy 46 les loz 120 105 bas a
Preble Flealihe Welfare Asustenes

General acustance 602.989 420.190 O567T 359,665 38.730 490.46 414.325 459.302 479,10 399.279

Number of contac. 10,146 5ay 4.490 alls a2 5.603 7410 2.387 6681 9016

Applicants 1857 1,695 1540 ww 1058 Ean 78h 902 my “7

Intersaeus am TER 2673 2.362 1590 1,500 1.592 1526 1.333 413

Asauted cases 1996 1,A6R 1.68) 1,383 11s Lanz crs) 870 aoa $29
Public Health-Commursty Health Clinie Services

Chuldbood emmunazauons 1a7y 2116 7a 1,900 1.420 1,787 1,602 1412 107%

Adult influenza vaccenatinns 168 1,770 1,523 97K Loss Lat 1,050 1274 973

‘Ouueach chents 133 182 1k2 262 605 #1 627 464 2m

Clue counseling and testing ta su me uz saz set 537 x 422
Date Source

Various cory deparbterias

Notes
ated 08 prior calesdu yeat(Tat year) pet the City of Nahas, Ansesemg [Department
Police dats for physical uments and walle tiolatsode us based on ihe pretation calendar sear
“ fe PY2076, Nashua Fe Rescue revised all pret yeas numbers to wechade all calls for service Furor CAF R's coumted eels “red loge” smiles.

" Refuse consists of rermicanal aod J paled Sy bs cabrmdar year
* ecyel f mrerd paper + . Scrap racial ofl yard waste, suis lures and bailerees by calendar year
“ Publc Heahh Heahh d d mu pecions & CON TD related, based og eharidenns ene peallovation of staf] resources

204

Page Image
Finance Committee - Agenda - 8/17/2022 - P212

Finance Committee - Agenda - 5/16/2018 - P71

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
71
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

Provider shall not use, willingly allow or cause to have such materials used for any purpose other
than the performance of Service Provider's obligations under this contract without the prior
written consent of the City.

22. PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS. Service Provider expressly agrees
that all documents ever submitted, filed, or deposited with the City by Service Provider
(including those remitted to the City by Service Provider pursuant to paragraph 21), unless
designated as confidential by a specific statue of the State of New Hampshire, shall be treated as
public records and shall be available for inspection and copying by any person, or any
governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Service Provider in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Service Provider. The City shall have the right to reproduce any such materials.

Service Provider expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any
claims, demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City or any of its officers or employees, in either
their official or individual capacity, for violations of or infringement of the copyright or patent
laws of the United States or of any other nation. Service Provider agrees to indemnify, to defend,
and to hold harmless the City, its representatives, and employees from any claim or action
seeking to impose liability, costs, and attorney fees incurred as a result of or in connection with
any claim, whether rightful or otherwise, that any material prepared by or supplied to Service
Provider infringes any copyright or that any equipment, material, or process (or any part thereof)
specified by Service Provider infringes any patent.

Service Provider shall have the right, in order to avoid such claims or actions, to substitute at its
expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the
necessary licenses to use the inftinging materials, concepts, products, or processes, provided that
such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

23. FINAL ACCEPTANCE. Upon completion of all work under the contract, Service Provider
shall notify the City in writing of the date of the completion of the work and request
confirmation of the completion from the City. Upon receipt of the notice, the City shall confirm
to Service Provider in writing that the whole of the work was completed on the date indicated in
the notice or provide Service Provider with a written list of work not completed. With respect to
work listed by the City as incomplete, Service Provider shall promptly complete the work and
the final acceptance procedure shall be repeated. The date of final acceptance of a project by the
City shail be the date upon which the Board of Public Works or other designated official accepts
and approves the notice of completion.

24, ‘Taxes. Service Provider shall pay all taxes, levies, duties, and assessments of every

nature due in connection with any work performed under the contract and make any and all
payroll deductions required by law. The contract sum and agreed variations to it shall include all

GC 11 of 13

Page Image
Finance Committee - Agenda - 5/16/2018 - P71

Finance Committee - Agenda - 5/16/2018 - P72

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
72
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

taxes imposed by law. Service Provider hereby indemnifies and holds harmless the City from
any liability on account of any and all such taxes, levies, duties, assessments, and deductions.

25. NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this
contract shall be considered waived by the City. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City in a written waiver.

26. RIGHTS AND REMEDIES. The duties and obligations imposed by ihe contract and the
rights and remedies available under the contract shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.

27, PROHIBITED INTERESTS. Service Provider shall not allow any officer or employee of the
City to have any indirect or direct interest in this contract or the proceeds of this contract. Service
Provider warrants that no officer or employee of the City has any direct or indirect interest,
whether contractual, non-contractual, financial or otherwise, in this contract or in the business of
Service Provider. If any such interest comes to the-attention of Service Provider at any time, a
full and complete disclosure of the interest shall be immediately made in writing to the City.
Service Provider also warrants that it presently has no interest and that it will not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this contract. Service Provider further warrants that no
person having such an interest shall be employed in the performance of this contract. If City
determines that a conflict exists and was not disclosed to the City, it may terminate the contract
at will or for cause in accordance with paragraph 8.

In the event Service Provider (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City may
terminate the contract at will or for cause in accordance with paragraph 8. Upon termination,
Service Provider shall refund to the City any profits realized under this contract, and Service
Provider shall be liable to the City for any costs incurred by the City in completing the work
described in this contract. At the discretion of the City, these sanctions shall also be applicable
to any such conviction obtained after the expiration or completion of the contract,

Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Service Provider to any officer or employee of the City with a view
toward securing a contract or securing favorable treatment with respect to the awarding or
amending or making of any determinations with respect to the performance of this contract. If
City determines that such gratuities were or offered or given, it may terminate the contract at will
or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a
waiver of any other rights or remedies available to the City under this contract or at law.

28. THIRD PARTY INTERESTS AND LIABILITIES. The City and Service Provider, including
any of their respective agents or employees, shall not be liable to third parties for any act or
omission of the other party. This contract is not intended to create any rights, powers, or interest

GC 12 of 13

Page Image
Finance Committee - Agenda - 5/16/2018 - P72

Finance Committee - Agenda - 5/16/2018 - P73

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
73
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

in any third party and this agreement is entered into for the exclusive benefit of the City and
Service Provider.

29, SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of ihe parties that
by their nature survive termination or completion of this contract shall remain in full force and
effect.

30. SEVERABILITY. In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other
provision, the contract shall be construed as if such invalid or unenforceable provisions were
omitted, and the parties may renegotiate the invalid or unenforceable provisions for sole purpose
of rectifying the invalidity or unenforceability.

31. | MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the
entire contract between the City and Service Provider. The parties shall not be bound by or be
liable for any statement, representation, promise, inducement, or understanding of any kind or
nature not set forth in this contract. No changes, amendments, or modifications of any terms or
conditions of the contract shall be valid unless reduced to writing and signed by both parties.

32. | CHOICE OF LAW AND VENUE. This contract shall be governed exclusively by the laws

of the State of New Hampshire and any litigation shall be brought in a court located in the State
of New Hampshire.

GC 13 of 13

Page Image
Finance Committee - Agenda - 5/16/2018 - P73

Finance Committee - Agenda - 5/16/2018 - P74

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
74
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

Exhibit B

Page Image
Finance Committee - Agenda - 5/16/2018 - P74

Finance Committee - Agenda - 5/16/2018 - P75

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
75
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

©) THE CITY OF NASHUA "The Cate City”

A Fannie NVervices

Prrsesian |eparnient

February 6, 2018
Reguest jor Proposals

New Markets Tax Credit (*NMTC") Program Consuliant
RFPO265-022018

The City of Nashua, NH, herein referred to as “the City”, is seeking an individual or a firm
(“Entity”) experienced with the federal New Markets Tax Credit (“NMTC") program to provide
consulting services to the city relating to a specific redevelopment project, for which the City
hopes to obtain a NMTC allocation.

727 Re oye
il, Background

In 2017, the Office of Economic Development for the City completed a two year performing arts
center feasibility study, which outlined how best the community could implement a successful
Main Street strategy to revitalize the downiown by using a performing arts center as an anchor.

The study called for a $15.5 million performing arts center and event space. This venue could
tasily accommodate 500 to 1,000 people. The study recommends an adaptive re-use of a former
department store thal is currently {00% empty and in need of reinvestinent, The city is slated to
purchase the building in March of 2048 and would he looking to start construction in 2019.

INSTRUCTIONS TS VENDGRS:

The City is now accepting bids electronically via Bid Express. Please review the attachments,
Hid Express Vendor Guide and Vendor Set-up Guide for more information. If you choose to
submit a paper bid it must be submitted in sealed envclopes with five (5) originals and one (i}
electronic copy (in the form of a flash drive) in Adobe Acrobat or Microsoft
Word/Exccl/PowerPoint clearly marked “RIPQ265-22018 New Markets Tax Credit
Program Consultant”. The names of those agencics thal submit a bid will he posted on the
website, under Services; Bid Opportunities; Bid Results and on Bid Express. within three (3)
hours of opening.

Regardless of the method of submission, bids must be submitted, as outlined in the preceding
paragraph, no later than 3:00PM oa Tuesday, Febreary 20, 2018, c/o Central Purchasing
Office, City Hall, Room 128, 229 Main Street, Nashua NH, 03061-2019, at which time the Bids
received will be publicly opened and read. Bids must be submitted in the format provided and
address the items specified in the bid specitications. Postmarks or other timestamps will net be
accepted in lieu of actual delivery. The firm can use whatever delivery mechanism it chooses as
long as it remains clear that the firm is responsible for submissions prior to the date and time.

REPO265-022018 New Markets Tax Credit Program Consultant
229 Main Street * Nashua, New Hampshire 03061 « Phone {603) 585-3330 » Fax (603) 589-3233

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Finance Committee - Agenda - 5/16/2018 - P75

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