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Finance Committee - Agenda - 4/21/2021 - P40

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
40
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

RETAIL ORDER FOR A MOTOR VEHICLE

Sales Consultant Daniel Gareri Date: 04/10/2024
= * : . YSTEM
MacMulkin Chevrolet Cadillac Purchaser's Name: CITY OF NASHUA-TRANSIT SYSTE
Co- Purchaser's Name:
3 Marmon Dr. Street Address: 11 RIVERSIDE ST
NASHUA, NH 03060 City/State/Zip: NASHUA, NH 03062
Res. Phone: (603) 821-2035 Bus. Phone:
Mil A 4
PLEASE ENTER MY ORDER FOR THE FOLLOWING: [] NEW (J use () bEmMo Clcar O truck ae oa
YEAR 2024. MAKE CHEVROLET MODELORSERIES BOLTEV BODYTYPE ___LT4DRWAGON _COLOR__ GU Ay TE TRIM WAGON
BODY TYPE COLOR TRIM LT 40R WAGON
TO BE DELIVERED

MVIORSERIALNO: “G/F V6SO 050 stockno, 15900 \ ON OR ABOUT T.B.D.-
CASH DELIVERED PRICE OF UNIT 39,860.00] PURCHASER'S D.0.B
DISCOUNT CO-PURCHASER'S 0.0.8

PURCHASER'S S.S. NO.

CO-PURCHASER'S S.S. NO.

PURCHASER’S EMAIL___ PATTISONC@NASHUANH.GOV

CO-PURCHASER'S EMAIL

USED CAR TRADE-IN AND / OR OTHER CREDITS

MAKE OF TRADE-IN: MILEAGE:
YEAR MODEL BODY
ACCESSORIES MVIOR SERIAL NO.
GMEPP PLATINUM 2,500.00 | BALANCE OWED TO _
ADDRESS

USED TRADE-IN ALLOWANCE

BALANCE OWED ON TRADE-IN

NET ALLOWANCE ON USED TRADE-IN

DEPOSIT OR CREDIT BALANCE
REBATE 41,500.00 | DOWN PAYMENT (TRANS. TO LEFT COL.)
ADMINISTRATIVE FEE 472100
CASH SALE PRICE OF MOTOR VEHICLE . 30,860.00 | TITLE FEE 27/00
STATE AND LOCAL TAXES
PRO ae ELNERY OF THE MOTOR VEHICLE ORDER HEREUNDER TO THE
Cc , THE DEALER OF THE PURCHASER MAY TERMINATE THIS ORDER IF
1. TOTAL PRICE OF UNIT 30,860.00 Fe DEALER SHALL DETERMINE THAT A MISTAKE IN THE QUOTATION OF THE CASH
i“ oon : DELIVERED PRICE OF SUCH MOTOR VEHICLE HAS BEEN MADE BY THE
. DOWN PAYMENT: MANUFACTURER, DEALER OR ITS AGENT. IF THE DEALER OR PURCHASER
7 y ERMINATES THIS ORDER PURSUANT TO THIS PROVISION, DEALER SHALL RETURN
consistingof$ in cash TO THE PURCHASER AND AND ALL DEPOSITS, TRADE-INS, OR DOWN PAYMENTS
MADE BY THE PURCHASER PURSUANT TO THIS ORDER.
and/or § inet trade-in
allowance on trade-in; see statement in right hand column
for details.
“THE INFORMATION YOU SEE ON THE (FEDERAL TRADE COMMISSION) WINDOW
FORM IS PART OF THIS AGREEMENT. INFORMATION ON THE WINDOW FORM
3. UNPAID CASH BALANCE DUE ON DELIVERY 31,359.00 OVERRIDES ANY CONTRARY PROVISIONS ON THE CONTRACT OF SALE,

(DIFFERENCE BETWEEN ITEMS 1 AND 2)

The front and back of this Order comprise the entire agreement affecting this purchase and no other agreement or understanding of any nature concerning same had
been made or entered into, or will be will be recognized. | hereby certify that no credit has been extended to me for the purchase of this motor vehicle except as noted In
writing on the face of this agreement. | have read the matter printed on the back hereof and agree to it as a part of this order the same as if it were printed above my
signature. | certify that | am of legal age, and hereby acknowledge receipt of a copy of this order. | also warrant that the (OBDI) or emission system has not been
tampered with. If the emission system or (OBDI) has been found to be tampered with then the sale will be vold or subject to re-negotiation.

—_ 04/10/2021

PURCHASER'S SIGNATURE DATE
04/10/2021

| CO-PURCHASER'S SIGNATURE DATE

Scanned with CamScanner

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Finance Committee - Agenda - 4/21/2021 - P40

Finance Committee - Agenda - 4/21/2021 - P41

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
41
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

RETAIL ORDER FOR A MOTOR VEHICLE

Sales Consultant Daniel Gareri Date: 04/10/2024
= * : . YSTEM
MacMulkin Chevrolet Cadillac Purchaser's Name: CITY OF NASHUA-TRANSIT SYSTE
Co- Purchaser's Name:
3 Marmon Dr. Street Address: 11 RIVERSIDE ST
NASHUA, NH 03060 City/State/Zip: NASHUA, NH 03062
Res. Phone: (603) 821-2035 Bus. Phone:
Mil A 4
PLEASE ENTER MY ORDER FOR THE FOLLOWING: [] NEW (J use () bEmMo Clcar O truck ae oa
YEAR 2024. MAKE CHEVROLET MODELORSERIES BOLTEV BODYTYPE ___LT4DRWAGON _COLOR__ GU Ay TE TRIM WAGON
BODY TYPE COLOR TRIM LT 40R WAGON
TO BE DELIVERED

MVIORSERIALNO: “G/F V6SO 050 stockno, 15900 \ ON OR ABOUT T.B.D.-
CASH DELIVERED PRICE OF UNIT 39,860.00] PURCHASER'S D.0.B
DISCOUNT CO-PURCHASER'S 0.0.8

PURCHASER'S S.S. NO.

CO-PURCHASER'S S.S. NO.

PURCHASER’S EMAIL___ PATTISONC@NASHUANH.GOV

CO-PURCHASER'S EMAIL

USED CAR TRADE-IN AND / OR OTHER CREDITS

MAKE OF TRADE-IN: MILEAGE:
YEAR MODEL BODY
ACCESSORIES MVIOR SERIAL NO.
GMEPP PLATINUM 2,500.00 | BALANCE OWED TO _
ADDRESS

USED TRADE-IN ALLOWANCE

BALANCE OWED ON TRADE-IN

NET ALLOWANCE ON USED TRADE-IN

DEPOSIT OR CREDIT BALANCE
REBATE 41,500.00 | DOWN PAYMENT (TRANS. TO LEFT COL.)
ADMINISTRATIVE FEE 472100
CASH SALE PRICE OF MOTOR VEHICLE . 30,860.00 | TITLE FEE 27/00
STATE AND LOCAL TAXES
PRO ae ELNERY OF THE MOTOR VEHICLE ORDER HEREUNDER TO THE
Cc , THE DEALER OF THE PURCHASER MAY TERMINATE THIS ORDER IF
1. TOTAL PRICE OF UNIT 30,860.00 Fe DEALER SHALL DETERMINE THAT A MISTAKE IN THE QUOTATION OF THE CASH
i“ oon : DELIVERED PRICE OF SUCH MOTOR VEHICLE HAS BEEN MADE BY THE
. DOWN PAYMENT: MANUFACTURER, DEALER OR ITS AGENT. IF THE DEALER OR PURCHASER
7 y ERMINATES THIS ORDER PURSUANT TO THIS PROVISION, DEALER SHALL RETURN
consistingof$ in cash TO THE PURCHASER AND AND ALL DEPOSITS, TRADE-INS, OR DOWN PAYMENTS
MADE BY THE PURCHASER PURSUANT TO THIS ORDER.
and/or § inet trade-in
allowance on trade-in; see statement in right hand column
for details.
“THE INFORMATION YOU SEE ON THE (FEDERAL TRADE COMMISSION) WINDOW
FORM IS PART OF THIS AGREEMENT. INFORMATION ON THE WINDOW FORM
3. UNPAID CASH BALANCE DUE ON DELIVERY 31,359.00 OVERRIDES ANY CONTRARY PROVISIONS ON THE CONTRACT OF SALE,

(DIFFERENCE BETWEEN ITEMS 1 AND 2)

The front and back of this Order comprise the entire agreement affecting this purchase and no other agreement or understanding of any nature concerning same had
been made or entered into, or will be will be recognized. | hereby certify that no credit has been extended to me for the purchase of this motor vehicle except as noted In
writing on the face of this agreement. | have read the matter printed on the back hereof and agree to it as a part of this order the same as if it were printed above my
signature. | certify that | am of legal age, and hereby acknowledge receipt of a copy of this order. | also warrant that the (OBDI) or emission system has not been
tampered with. If the emission system or (OBDI) has been found to be tampered with then the sale will be vold or subject to re-negotiation.

—_ 04/10/2021

PURCHASER'S SIGNATURE DATE
04/10/2021

| CO-PURCHASER'S SIGNATURE DATE

Scanned with CamScanner

Page Image
Finance Committee - Agenda - 4/21/2021 - P41

Finance Committee - Agenda - 4/21/2021 - P42

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
42
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

CONTRACT TITLE: NTS CHEVROLET BOLT

The City of Nashua, Nashua Transit System (NTS), 11 Riverside Street, Nashua, NH 03062 is contracting
with MacMulkin Chevrolet Cadillac, 3 Marmon Drive, Nashua, NH 03060 to provide (1) new and unused,
model year 2021 Chevrolet Bolt EV, LT 4DR Wagon. FTA Requirement/Clauses are attached as Exhibit A.

All Shipping costs must be included in the contract. The vehicle is to be delivered to the following
address between the hours of 8:00 am and 4:00 pm:

Nashua Transit System
11 Riverside Street
Nashua, NH 03062

The following will be used for required specifications for a TOTAL COST of $31,359.00.

GM | Vehicle Locator

Detail Report for Customer
MACMULKIN CHEVROLET CADILLAC
3 MARMON DR, NASHUA, MH, 03060

603-888-1121
CustomerCompany: Sales Consultant
Address:
Vehicle #1. 2021 Chevrolet Bolt EV VIN/Order # MSRP stock #

IGIFYSSORM4 105025 $38 860.00 15001

Additional Vehicle Information
GM Marketing Information

Body Style: 1FB48-2LT
PEG: 2LT-Preferred Equipment Group
Paimary Color GAZ-Summit White
Trim: HO2-Dark Galvanized f Sky Cool Gray Cloth

Engine: N/A
Transmission: MMIF-Electric drive unit

Options: 2LT-Preferred Equipment Group OBM-Tires P215/50R17 all season blackwall
B32-Floor Mats, carpeted front RNW-Wheels, 17" (43.2cm) painted aluminum
B33-Floor Mats, carpeted front U2K-Sirius XM Satellite Radio
CBT-DC Fast Charging Capability UE1-OnStar
GAzZ-Summit White VKD-License plate bracket, front mounting
HO2-Dark Galvanized / Sky Cool Gray Cloth VV¥4-OnStar with 4G LTE
IOB-Radio System wf 10.2" LCD Color touch-screen W2D-LPO, Cargo Net
Kl3-Steering Wheel, Heated Automatic \WPR-Driver Confidence Package
MMF-Electric drive unit \WPU-Comfort and Convenience Package
N34-Steering Wheel, Leather Wrapped \WPX-Driver Confidence Il Package

NE1-Emissions: NE
(CT/DE/MA/MD/ME/NJN J/OR/PA/RIV TAVA)

Disclaimer:

GM has tried to make the pricing information provided jn this summary accurate. Please refer to actual vehicle invoice, however, for complete
pricing information. Gh will not make any sales or policy adjustments in the case of inaccurate pricing information in this summary.

1|Page

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Finance Committee - Agenda - 4/21/2021 - P42

Finance Committee - Agenda - 4/21/2021 - P43

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
43
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

VENDOR NAME & ADDRESS:

PHONE: 603-888-1121

MacMulken Chevrolet Cadillac

3 Marmon Drive
Nashua, NH 03060

Manager’s Signature

Typed/Printed Name

CITY OF NASHUA:

Name: James Donchess, Mayor

DATE

DATE

2|Page

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Finance Committee - Agenda - 4/21/2021 - P43

Finance Committee - Agenda - 4/21/2021 - P44

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
44
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

Exhibit A- Federal Clauses - Nashua Transit Chevrolet Bolt

1. No Federal Government Obligation to Third Parties.

The City and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the City, the Contractor, or any other party (whether or not a party
to that contract) pertaining to any matter resulting from the underlying contract.

The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions. Incorporate FTA Terms

2. Termination and Suspension.

The City, in its sole discretion, shall have the right to terminate, abandon, or suspend all or part of the project
and contract at will. If the City chooses to terminate, abandon, or suspend all or part of the project, it shall
provide Contractor thirty (30) day’s written notice of its intent to do so. If all or part of the project is suspended
for more than ninety (90) days, the suspension shall be treated as a termination at will of all or that part of
the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Contractor shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.

b. Provide the City with a list of all unperformed services.

c. Place no further orders or sub-contracts for materials, services, or facilities, other than as may be
necessary or required for completion of such portion of work under the contract that is not
terminated.

d. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the City
of all orders or sub contracts to the extent they relate to the performance of work terminated,
abandoned, or Suspended under the notice, assign to the City any orders or sub contracts
specified in the notice, and revoke agreements specified in the notice.

e. Not resume work after the effective date of a notice of suspension until receipt of a written notice
from the City to resume performance.

In the event of a termination, abandonment, or suspension at will, Contractor shall receive all amounts due
and not previously paid to Contractor for work satisfactorily completed in accordance with the Contract
Documents prior to the date of the notice and compensation for work thereafter completed as specified in
the notice. No amount shall be allowed or paid for anticipated profit on unperformed services or other
unperformed work.

3|Page

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Finance Committee - Agenda - 4/21/2021 - P44

Board Of Aldermen - Agenda - 11/14/2017 - P3

By dnadmin on Sun, 11/06/2022 - 21:54
Document Date
Tue, 11/14/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 11/14/2017 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__111420…

R-17-148
Endorser: Mayor Jim Donchess
APPROVING AN AMENDMENT TO THE LEASE AND OPERATING AGREEMENT WITH AVSG LP

R-17-149
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $58,000 FROM THE STATE OF
NEW HAMPSHIRE INTO POLICE GRANT ACTIVITY “FY2018 VIOLENCE AGAINST WOMEN
GRANT PROGRAM” AND TO AUTHORIZE THE TRANSFER OF $69,318

R-17-150
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $26,032.02 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF SAFETY INTO POLICE GRANT ACTIVITY “FY2018
SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP)”

R-17-151
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,200 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF SAFETY INTO POLICE GRANT ACTIVITY “FY2018 DRIVING
WHILE INTOXICATED (DWI) ENFORCEMENT”

R-17-152
Endorser: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $200,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES INTO
COMMUNITY DEVELOPMENT GRANT ACTIVITY “GREELEY PARK BOAT RAMP
IMPROVEMENTS” AND TO AUTHORIZE THE TRANSFER OF $75,000 FROM GENERAL
CONTINGENCY

R-17-153
Endorser: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF AN ADDITIONAL $112,770.24
FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES
INTO TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY (“FTA”) OPERATING
GRANT”

R-17-154
Endorser: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $65,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION INTO TRANSIT GRANT ACTIVITY
“CAPITAL OUTLAY — ROLLING STOCK”

NEW BUSINESS — ORDINANCES

O-17-047
Endorser: Alderman June M. Caron
ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 15 MERRILL STREET

Q-17-048
Endorser: Alderman David Schoneman
AUTHORIZING STOP SIGNS ON BEASOM STREET AT ITS INTERSECTIONS WITH BERKELEY
AND RAYMOND STREETS

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Board Of Aldermen - Agenda - 11/14/2017 - P3

Finance Committee - Agenda - 4/21/2021 - P45

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
45
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

TERMINATION FOR CAUSE

This agreement may be terminated by the City on ten (10) calendar day’s written notice to Contractor in the
event of a failure by Contractor to adhere to any or all the terms and conditions of the contract or for failure
to satisfactorily, in the sole opinion of the City, to complete or make sufficient progress on the work in a
timely and professional manner. Contractor shall be given an opportunity for consultation with the City prior
to the effective date of the termination.

Upon receipt of notice of termination for cause, Contractor shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the City with a list of all unperformed services.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as may be
necessary or required for completion of such portion of work under the contract that is not
terminated.

4, Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the City
of all orders or sub contracts to the extent they relate to the performance of work terminated,
abandoned, or suspended under the notice, assign to the City any orders or sub contracts
specified in the notice, and revoke agreements specified in the notice.

5. Notresume work after the effective date of a notice of termination unless and until receipt of a
written notice from the City to resume performance.

In the event of a termination for cause, Contractor shall receive all amounts due and not previously paid to
Contractor for work satisfactorily completed in accordance with the contract prior to the date of the notice,
less all previous payments. No amount shall be allowed or paid for anticipated profit on unperformed
services or other unperformed work. Any such payment may be adjusted to the extent of any additional
costs occasioned to the City by reasons of Contractor's failure. Contractor shall not be relieved of liability to
the City for damages sustained from the failure, and the City may withhold any payment to the Contractor
until such time as the exact amount of damages due to the City is determined. All claims for payment by
the Contractor must be submitted to the City within 30 days of the effective date of the notice of termination.

If after termination for the failure of Contractor to adhere to any of the terms and conditions of the contract
or for failure to satisfactorily, in the sole opinion of the City, to complete or make sufficient progress on the
work in a timely and professional manner, it is determined that Contractor had not so failed, the termination
shall be deemed to have been a termination at will. In that event, the City shall, if necessary, make an
adjustment in the compensation paid to Contractor such that Contractor receives total compensation in the
same amount as it would have received in the event of a termination-at-will.

GENERAL PROVISIONS FOR TERMINATION

Upon termination of the contract, the City may take over the work and prosecute it to completion by
agreement with another party or otherwise. Upon termination, City shall be entitled to all work and goods
produced or received as of the date of termination, unless otherwise returned or rejected by the City. Upon
termination of the contract or in the event Contractor shall cease conducting business, the City shall have

4|Page

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Finance Committee - Agenda - 4/21/2021 - P45

Finance Committee - Agenda - 4/21/2021 - P46

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
46
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

the right to solicit applications for employment from any employee of the Contractor assigned to the
performance of the contract. Neither party shall be considered in default of the performance of such
obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control
of such party. Delays arising from the actions or inactions of one or more of Contractor's principals,
officers, employees, agents, subcontractors, sub consultants, vendors, or suppliers are expressly
recognized to be within Contractor's control.

3. Program Fraud and False or Fraudulent Statements or Related Acts.

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C.§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission, or certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C.§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C.§ 1001
and 49 U.S.C.§ 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to
identify the subcontractor who will be subject to the provisions.

4. Records.

Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and
readily accessible records related in whole or in part to the contract, including, but not limited to, data,
documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party
agreements of any type, and supporting materials related to those records.

5|Page

Page Image
Finance Committee - Agenda - 4/21/2021 - P46

Finance Committee - Agenda - 4/21/2021 - P47

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
47
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with
2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under
this contract for a period of at not less than three (3) years after the date of termination or expiration of this
contract, except in the event of a dispute, or litigation or settlement of claims arising from the performance of
this contract, in which case records shall be maintained until the disposition of all such dispute, litigation,
appeals, claims or exceptions related thereto.

Where the City is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the City, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives
sufficient access to any books, documents, papers and records of the Contractor which relate to this contract
for the purposes of inspection, making audits, examinations, excerpts and transcriptions as reasonably may
be required. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his
or her authorized representatives including any PMO Contractor access to Contractors records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.

Access to the Sites of Performance. The Contractor agrees to permit the City, the FTA Administrator, the
Comptroller General of the United States or any of their authorized representatives and contractors access
to the sites of performance under this contract as reasonably may be required.

§. Civil Rights.

a. Title VI of the Civil Rights Act of 1964

The Contractor agrees to comply with all requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C. §
2000d section 303 of the Age Discrimination Act of 1975, 42 U.S.C. §6102, section 202 of the Americans
with Disabilities Act of 1990, § 12132, and Federal transit law at 49 U.S.C. § 5332, all as amended as well
as USDOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation", 49 CFR Part 21. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.

b. Equal Employment Opportunity

The Contractor will not discriminate against any employee or applicant for employment because of race,
color, creed, sex, disability, age, or national origin. The Contractor agrees to take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to their

6|Page

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Finance Committee - Agenda - 4/21/2021 - P47

Finance Committee - Agenda - 4/21/2021 - P48

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
48
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

race, color, creed, sex, disability, age, or national origin. 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 shall insert the foregoing provision (modified only to show the particular contractual
relationship) in all its third party contracts, except contracts for standard commercial supplies or raw materials
and construction contracts, and shall require all such third party contractors to insert a similar provision in all
subcontracts, except contracts for standard commercial supplies or raw materials.

c. Access Requirements for Individuals with Disabilities

The Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with
disabilities have the same rights as other persons to use mass transportation services and facilities and that
special efforts shall be made in planning and designing those services and facilities to implement that policy.
The Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973),
as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with
Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities
and services be made available to persons with disabilities, including any regulations and subsequent
amendments.

d. Inclusion

The Contractor agrees to include the requirements of subsections (a) — (c) in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.

e. Disadvantaged Business Enterprise (DBE)

This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. Nashua Transit's
overall goal for DBE participation is 2.0%. A separate contract goal has not been established for this
procurement.

The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of
this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT-assisted contract. Failure by the Contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy, as
the City deems appropriate. Each subcontract the Contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)).

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