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10.

11.

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 Professional Consultant such
that Professional Consultant 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 Professional Consultant shall cease conducting
business, the City of Nashua shall have the right to solicit applications for employment
from any employee of the Professional Consultant 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 Professional Consultant's principals,
officers, employees, agents, subcontractors, consultants, vendors, or suppliers are
expressly recognized to be within Professional Consultant'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 Professional Consultant Representative. At all times, Professional
Consultant 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, if requested in writing by either the City of Nashua or the Professional Consultant
within 14 days after the 30 days described above , the parties shall attempt to resolve the
dispute by entering into structured non-binding negotiations with the assistance of a
mediator on a without prejudice basis. The mediator shall be appointed by agreement of
the parties, which agreement shall not be unreasonably withheld. If the parties cannot agree
to a mediator within 30 days or the dispute cannot be settled within a period of thirty (30)
days with the mediator, 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 Professional Consultant for
damages because of hindrances or delays in the progress of the work from any cause, and
Professional Consultant agrees to accept in full satisfaction of such hindrances and delays
any extension of time that the City of Nashua may provide.

INSURANCE Professional Consultant 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;

GC 6 of 13

DPW FLEET MAINTENANCE CITY OF NASHUA, NH
WO TRANSACTIONS - TOTALS

Vehicle G00367 Facility: 00002
Dates FIRST thru LAST WO Status: ALL

Total LABOR

Total LABOR cost $1,769.57
Total PARTS cost $ 262.69
Total TIRES cost $ 0.00
Wrnty-Labor 0.00
Wrnty-Parts 0.00
Wrnty-Tires , 0.00
Total WARRANTY credits $ 0.00
Outside-Labor 0.00
Outside-Parts 0.00
Outside-Tires 0.00
Tota! OUTSIDE Repairs $ 0.00
Total SHOP $ 0.00
Total TAX $ 0.00
Total MISC cost $ 6.00
VEHICLE TOTAL $ 2,032.26

Date: 07/27/2016 14:37 p.m. Page: 1 Report ID: 3-419AVLV

REPORT OF THE FINANCE COMMITTEE
JULY 20, 2016

A meeting of the Finance Committee was held on Wednesday, July 20, 2016, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chair, presided.

Members of the Committee present: Alderman-at-Large Mark S. Cookson, Vice Chair
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman June M. Caron
Alderman Ken Siegel

Members not in Attendance: Alderman Benjamin M. Clemons

Also in Attendance: Dan Kooken, Purchasing Manager
Andrew Lavoie, Chief of Police

PUBLIC COMMENT — None
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Purchase of Two (2) 2016 Ford Fusion SE Hybrids (Value: $50,160)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM MHQ IN THE AMOUNT OF $50,160. FUNDS ARE AVAILABLE IN DEPARTMENT 173,
ENVIRONMENTAL HEALTH; 2016 AND 2017 CERF - VEHICLES

ON THE QUESTION

Alderman Cookson

In the correspondence which is used to justify this, | have a question about the 2002 Chevy Malibu. It said it
passed state inspection; it just needs new brakes and tires prior to the winter. It only has 74,000. It says: “this
care had some major repairs. It’s 14 years old.” | understand the age. What kind of repairs has it had? What
kind of costs are associated with those repairs? The cost of tires and brakes with mileage that low, I’m just
trying to draw a comparison between the two.

Mr. Kooken

| don’t have any repair records. | can get back to them and ask about that. Typically these vehicles are about
done when they get to that age. This one in particular isn’t rusted like many, many of them are. Certainly if it
is more feasible to repair, it could be repaired. | don’t’ know what the past repairs were, whether they were
very high dollars or not.

Alderman Cookson

Both vehicles, in and of themselves, have relatively low miles: 80,000 and 74,000, respectively.

Mr. Kooken

It hasn’t been unusual for many, many of our vehicles to have that miles or lower and just be beyond their life.
They don’t get washed regularly. They sit outside a lot of them and they rust prematurely.