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Displaying 31481 - 31490 of 38765

Finance Committee - Agenda - 5/19/2021 - P44

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
44
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

3. PERIOD OF PERFORMANCE. Service Provider shall perform and complete all work by March 31, 2022

which date shall only be altered by mutually approved written agreement
to extend the period of performance or by termination in accordance with the terms of the contract. Service
Provider shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued
from the City of Nashua.

4, COMPENSATION. Service Provider agrees to perform the work for a total cost not to exceed
One Hundred Twenty Thousand, Eight Hundred Eight Dollars and 84 Cents._($120,818.84)

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Service Provider has received a written exemption from the City of Nashua, Service Provider shall
submit monthly requests for payment for services performed under this agreement in accordance with the
values stated in the Agreement. Such requests shall be supported by such data substantiating the Service
Provider’s right to payment as the City of Nashua may reasonably require. Service Provider shall submit
monthly requests for payment for services performed under this agreement shall be submitted as follows:

» Electronically via email to VendorAPInvoices@NashuaNH.gov
OR

>» Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Please_donot submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved budget.
Specifically, Service Provider agrees to provide the following with each request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a listing
of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description of
the work accomplished, problems experienced, upcoming work, any extra work carried out, and a
schedule showing actual expenditures billed for the period, cumulative total expenditures billed
and paid to date under the contract, and a comparison of cumulative total expenditures billed and
paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Service Provider. The City of Nashua
will pay Service Provider within 30 days of approval by the City of Nashua of the submitted invoice forms
and progress reports. The City of Nashua will make no payments until the invoice forms and progress
reports have been submitted and approved.

AG 2 of 3

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Finance Committee - Agenda - 5/19/2021 - P44

Finance Committee - Agenda - 5/19/2021 - P45

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
45
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid,
and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Camille Correa Timothy Letton

Nashua Transit System Greenman-Pedersen, Inc

11 Riverside Street 181 Ballardvale Street, Sutte 202
Nashua, NH 03062 Wilmington, MA 01887

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Service Provider may change the address or representative by giving written notice
to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally

bound thereby.

City of Nashua, NH (signature) \Gignature)

James Donchess, Mayor Timothy Letton, PE - Executive Vice President
(Printed Name and Title) (Printed Name and Title)

05.05.2021
Date Date

AG 3 of 3

Page Image
Finance Committee - Agenda - 5/19/2021 - P45

Finance Committee - Agenda - 5/19/2021 - P46

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
46
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

SERVICE PROVIDER STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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Finance Committee - Agenda - 5/19/2021 - P46

Finance Committee - Agenda - 5/19/2021 - P47

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
47
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Service Provider”, and its successors,
transferees and assignees (together “Service Provider’) includes any of the Service Provider's
consultants, sub consultants, contractors, and subcontractors

SERVICE PROVIDER STATUS The parties agree that Service Provider shall have the status of and
shall perform all work under this contract as a Service Provider, maintaining control over all its
consultants, sub consultants, contractors, or subcontractors. The only contractual relationship
created by this contract is between the City of Nashua and Service Provider, and nothing in this
contract shall create any contractual relationship between the City of Nashua and Service Provider's
consultants, sub consultants, contractors, or subcontractors. The parties also agree that Service
Provider is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of the
City of Nashua;

(4) Participation or contributions by either the Service Provider or the City of Nashua
to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Service Provider shall be responsible for the professional quality, technical
accuracy, timely completion, and coordination of all work performed under this contract. Service
Provider warrants that all work shall be performed with the degree of professional skill, care,
diligence, and sound practices and judgment that are normally exercised by recognized professional
firms with respect to services of a similar nature. It shall be the duty of Service Provider to assure
at its own expense that all work is technically sound and in conformance with all applicable federal,
state, and local laws, statutes, regulations, ordinances, orders, or other requirements. In addition to
all other rights which the City of Nashua may have, Service Provider shall, at its own expense and
without additional compensation, re-perform work to correct or revise any deficiencies, omissions,
or errors in the work or the product of the work or which result from Service Provider's failure to
perform in accordance with this standard of care. Any approval by the City of Nashua of any
products or services furnished or used by Service Provider shall not in any way relieve Service
Provider of the responsibility for professional and technical accuracy and adequacy of its work.
City of Nashua review, approval, or acceptance of, or payment for any of Service Provider's work
under this contract shall not operate as a waiver of any of the City of Nashua's rights or causes of
action under this contract, and Service Provider shall be and remain liable in accordance with the
terms of the contract and applicable law.

Service Provider shall furnish competent and skilled personnel to perform the work under this
contract. The City of Nashua reserves the night to approve key personnel assigned by Service
Provider to perform work under this contract. Approved key personnel shall not be taken off of the
project by Service Provider without the prior written approval of the City of Nashua, except in the
event of termination of employment. Service Provider shall, if requested to do so by the City of
Nashua, remove from the job any personnel whom the City of Nashua determines to be
incompetent, dishonest, or uncooperative.

CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by Service

GC 2 of 11

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Finance Committee - Agenda - 5/19/2021 - P47

Finance Committee - Agenda - 5/19/2021 - P48

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
48
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

Provider, and any other communication about the contract shall be addressed or be delivered to the
City of Nashua Representative.

CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Service Provider's
performance under the contract. Service Provider shall provide to the City of Nashua within 10
calendar days, a written proposal for accomplishing the change. The proposal for a change shall
provide enough detail, including personnel hours for each sub-task and cost breakdowns of tasks,
for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua will then
determine in writing if Service Provider should proceed with any or all of the proposed change. If
the change causes an increase or a decrease in Service Provider's cost or time required for
performance of the contract as a whole, an equitable adjustment shall be made and the contract
accordingly modified in writing. Any claim of Service Provider for adjustment under this clause
shall be asserted in writing within 30 days of the date the City of Nashua notified Service Provider
of the change.

When Service Provider seeks changes, Service Provider shall, before any work commences,
estimate their effect on the cost of the contract and on its schedule and notify the City of Nashua in
writing of the estimate. The proposal for a change shall provide enough detail, including personnel
hours for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to
adequately analyze the proposal. The City of Nashua will then determine in writing if Service
Provider should proceed with any or all of the proposed change.

Except as provided in this paragraph, Service Provider shall implement no change unless the City
of Nashua in writing approves the change. Unless otherwise agreed to in writing, the provisions of
this contract shall apply to all changes. The City of Nashua may provide verbal approval of a
change when the City of Nashua, in its sole discretion, determines that time is critical or public
health and safety are of concern. Any verbal approval shall be confirmed in writing as soon as
practicable. Any change undertaken without prior City of Nashua approval shall not be
compensated and is, at the City of Nashua's election, sufficient reason for contract termination.

CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Service Provider in the performance of its work under this contract and that such personnel
will be available to Service Provider for consultation at reasonable times and after being given
sufficient advance notice that will prevent conflict with their other responsibilities. The City of
Nashua also agrees to provide Service Provider with access to City of Nashua records in a
reasonable time and manner and to schedule items that require action by the Board of Public Works
and Finance Committee in a timely manner. The City of Nashua and Service Provider also agree
to attend all meetings called by the City of Nashua or Service Provider to discuss the work under
the Contract, and that Service Provider may elect to conduct and record such meetings and shall
later distribute prepared minutes of the meeting to the City of Nashua.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES Service
Provider warrants that it has examined all contract documents, has brought all conflicts, errors,
discrepancies, and ambiguities to the attention of the City of Nashua in writing, and has concluded
that the City of Nashua’'s resolution of each matter is satisfactory to Service Provider. All future
questions Service Provider may have concerning interpretation or clarification of this contract shall
be submitted in writing to the City of Nashua within 10 calendar days of their arising. The writing
shall state clearly and in full detail the basis for Service Provider's question or position. The City
of Nashua representative shall render a decision within 15 calendar days. The City of Nashua's
decision on the matter is final. Any work affected by a conflict, error, omission, or discrepancy
which has been performed by Service Provider prior to having received the City of Nashua's
resolution shall be at Service Provider's risk and expense. At all times, Service Provider shall carry
on the work under this contract and maintain and complete work in accordance with the

GC 3 of 11

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Finance Committee - Agenda - 5/19/2021 - P48

Finance Committee - Agenda - 5/19/2021 - P49

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
49
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

requirements of the contract or determination of the City of Nashua. Service Provider is responsible
for requesting clarification or interpretation and is solely liable for any cost or expense arising from
its failure to do so.

TERMINATION OF CONTRACT

A, TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL, The City of Nashua, in its sole
discretion, shall have the nght to terminate, abandon, or suspend all or part of the project and
contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Service Provider 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

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

1. Immediately discontinue work on the date and to the extent specified in the notice.
Place no further orders or subcontracts 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.

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

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

In the event of a termination, abandonment, or suspension at will, Service Provider shall receive
all amounts due and not previously paid to Service Provider for work satisfactorily completed in
accordance with the contract 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.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day’s written notice to Service Provider in the event of a failure by Service Provider 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 of Nashua, to complete or make sufficient progress on the work in a timely
and professional manner. Service Provider shall be given an opportunity for consultation with the
City of Nashua prior to the effective date of the termination. Service Provider may terminate the
contract on 10 calendar days written notice if, through no fault of Service Provider, the City of
Nashua fails to pay Service Provider for 45 days after the date of approval by the City of Nashua
of any Application for Payment.

Upon receipt of notice of termination for cause, Service Provider shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.
. Provide the City of Nashua 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 Nashua 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

GC 4of 11

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Finance Committee - Agenda - 5/19/2021 - P49

Finance Committee - Agenda - 5/19/2021 - P50

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
50
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

10.

the City of Nashua any orders or sub contracts specified in the notice, and revoke
agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the City of Nashua to resume performance.

In the event of a termination for cause, Service Provider shall receive all amounts due and not
previously paid to Service Provider 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 of Nashua by reasons
of Service Provider's failure. Service Provider shall not be relieved of liability to the City of Nashua
for damages sustained from the failure, and the City of Nashua may withhold any payment to the
Service Provider until such time as the exact amount of damages due to the City of Nashua is
determined. All claims for payment by the Service Provider must be submitted to the City of
Nashua within 30 days of the effective date of the notice of termination.

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

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party or
otherwise. In the event Service Provider shall cease conducting business, the City of Nashua shall
have the right to solicit applications for employment from any employee of the Service Provider
assigned to the performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that 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 Service Provider's principals, officers, employees, agents, subcontractors,
consultants, vendors, or suppliers are expressly recognized to be within Service Provider's control.

DISPUTE RESOLUTION The parties shall attempt to resolve any dispute related to this contract as
follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no 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 of Nashua 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
of Nashua. If the parties are unable to resolve their dispute as described above within 30 days, the
parties may request that the dispute be submitted to the Board of Public Works for resolution. If
the parties are dissatisfied with the decision of the Board of Public Works, the parties’ reserve the
right to pursue any available legal and/or equitable remedies for any breaches of this contract except
as that right may be limited by the terms of this contract.

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

GC 5o0f11

Page Image
Finance Committee - Agenda - 5/19/2021 - P50

Finance Committee - Agenda - 5/19/2021 - P51

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
51
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

11.

12.

satisfaction of such hindrances and delays any extension of time that the City of Nashua may
provide.

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
ageregate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability;
> and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$ 100,000.

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 of Nashua issues the notice of award. The City of Nashua requires thirty days written
notice of cancellation or material change in coverage. The certificates and endorsements for 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 Liability policies 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 of Nashua 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 of Nashua, caused in whole or part by — Service
Provider or anyone employed, directed, or supervised by Professional — Engineer.

INDEMNIFICATION Regardless of any coverage provided by any insurance, Service Provider agrees
to indemnify and hold harmless the City of Nashua, 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

GC 6o0f 11

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Finance Committee - Agenda - 5/19/2021 - P51

Finance Committee - Agenda - 5/19/2021 - P52

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
52
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

13.

14.

15.

16.

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 and hold harmless obligations, or portions thereof, shall not apply to liability caused by
the sole negligence or willful misconduct of the party indemnified or held harmless.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to the
City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
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 nght of payment over
any other entity. Any funds obligated by the City of Nashua under this contract that are not paid
to Service Provider shall automatically revert to the City of Nashua’s discretionary control upon
the completion, termination, or cancellation of the agreement. The City of Nashua 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.

COMPENSATION Review by the City of Nashua of Service Provider's submitted monthly invoice
forms and progress reports for payment will be promptly accomplished by the City of Nashua. If
there is insufficient information, the City of Nashua may require Service Provider to submit
additional information. Unless the City of Nashua, in its sole discretion, decides otherwise, the
City of Nashua shall pay Service Provider in full within 30 days of approval of the submitted
monthly invoice forms and progress reports.

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 of Nashua 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.

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 “Title 41°Public
Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to Public
Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal Employment,
Department of Labor” 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

GC 7 of 11

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Finance Committee - Agenda - 5/19/2021 - P52

Board Of Aldermen - Minutes - 7/12/2016 - P1

By dnadmin on Sun, 11/06/2022 - 21:34
Document Date
Tue, 07/12/2016 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 07/12/2016 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__071220…

A regular meeting of the Board of Aldermen was held Tuesday, July 12, 2016, at 7:30 p.m. in the
Aldermanic Chamber.

President Brian S. McCarthy presided; City Clerk Patricia D. Piecuch recorded.

Prayer was offered by City Clerk Patricia D. Piecuch; Alderman-at-Large Lori Wilshire led in the Pledge
to the Flag.

The roll call was taken with 14 members of the Board of Aldermen present; Alderman Ben Clemons,
recorded absent. Alderman-at-Large Daniel T. Moriarty arrived after roll call at 7:34 p.m.

Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also present.

REMARKS BY THE MAYOR

Mayor Donchess

On our agenda tonight is the proposal that we begin a sister city relationship with Mysore, India. Mysore
is a city in southern India in the state of Karnataka of about 900,000 people. It has a growing IT
economy which is heavily into tech and it is a good fit for us because we have a number of citizens who
live in Nashua who are Indian; about 6% of our population. The vast majority of those citizens either
come from Karnataka or the neighboring state of Andhra Pradesh, both are in southern India. One of the
west and one on the east side of the country both on the ocean. We have about 5,000 people in Nashua
who are Indian/American citizens. This is a portion of our population which has grown very rapidly
compared with the rest of the city over the last number of years. When | was in city government before
we had a small Indian population and now it’s grown exponentially. Many of our citizens are involved in
the tech and healthcare industries and these are areas of the economy that we want to grow and
encourage more people to settle in Nashua. One thing that the Chamber of Commerce pointed out in a
report that it presented was that Nashua, during 2010 through 2014 maintained basically a stable
population but during that time, but for immigration from other countries, many of the people coming from
various parts of India, we would have lost population; probably about 4,000 people. We want a growing
and dynamic community and the Indian population that we have are very significant contributors to our
community. | think if we form this relationship | think we might be able to help to grow our tech economy
along with theirs. Many people from India find that if they come here the opportunities are greater both
for employment and to start new ventures. | would recommend that you follow the committee’s report
and enthusiastically back that relationship.

Another thing | wanted to mention is that in the budget we have the LED project which will save the city
considerable money every year in electric bills. Starting last night there is a test where you can see two
different LED lights. One version is a 4,000 Kelvin light which you can see along the Broad Street
Parkway. It seems brighter but it really has to do with color. Another is a 3,000 Kelvin version which is
on Terry Street so if anyone wants to make a comparison you can see them in those two areas. The
reason for the test is it’s within the contract that we have entered with Siemens and many communities
have adopted the 4,000’s but more recently communities are begging to adopt the 3,000’s because there
have been complaints about the 4,000’s being too bright and interfering with sleep and the AMA did
issue a press release about the problems that they have perceived with respect to the 4,000’s. The
decision needs to be made by the Board of Public Works in the near future as to which version to go
with. | think that it’s a possibility that we could do 3,000’s in the neighborhoods and 4,000’s on the main
roads but if any members of the Board of Aldermen or members of the public would like to check those
out and provide us your opinion we would certainly welcome that very much.

Finally, we have the senior center transfer on the agenda as well. The senior center has served us well
for a long time and they have done a very good job of breaking even and supporting themselves. In the
last couple of years that has become a little bit more difficult but they have pared back on expenses and
they are raising significant money still and this will help stabilize them for the coming year. We did a
similar transfer in recent years and this will help to stabilize this organization. Alderman Caron is on the

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Board Of Aldermen - Minutes - 7/12/2016 - P1

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