Finance Committee - Agenda - 4/20/2022 - P16
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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
Professional Consultant or of anyone acting under its direction or control or on its behalf
in connection with or incidental to the performance of this contract. Professional
Consultant’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 Professional Consultant with a right
of payment over any other entity. Any funds obligated by the City of Nashua under this
contract that are not paid to Professional Consultant 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 Professional Consultant. Professional Consultant
shall have no claim of any sort to the unexpended funds.
COMPENSATION Review by the City of Nashua of Professional Consultant'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
Professional Consultant to submit additional information. Unless the City of Nashua, in
its sole discretion, decides otherwise, the City of Nashua shall pay Professional Consultant
in full within 30 days of approval of the submitted monthly invoice forms and progress
reports.
COMPLIANCE WITH APPLICABLE LAWS Professional Consultant, 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. Professional Consultant 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, Professional Consultant agrees to the following
terms. Professional Consultant 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. Professional Consultant 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,
GC 8 of 13
