17.
18.
19.
20.
Consultant 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 Consultant under this contract.
In connection with the performance of work under this contract, Consultant 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.
Consultant 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 Consultant shall constitute a material breach of the contract.
ENDORSEMENT Consultant shall seal and/or stamp and sign professional documents including
drawings, plans, maps, reports, specifications, and other instruments of service prepared by
Consultant or under its direction as required under the laws of the State of New Hampshire.
ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Consultant shall not assign,
transfer, delegate, or subcontract any rights, obligations, or duties under this contract without the
prior written consent of the City of Nashua. Any such assignment, transfer, delegation, or
subcontracting without the prior written consent of the City of Nashua is void. Any consent of
the City of Nashua 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.
CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Consultant related to this contract shall be subject to inspection,
examination and audit by the City of Nashua, 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.
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 (e.g., electronic, magnetic, digital) prepared by or supplied to Consultant in the
performance of its obligations under this contract shall be the exclusive property of the City of
Nashua and all such materials shall be remitted and delivered, at Consultant's expense, by
Consultant to the City of Nashua upon completion, termination, or cancellation of this contract.
Alternatively, if the City of Nashua provides its written approval to Consultant, 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 (e.g., electronic, magnetic,
digital) prepared by or supplied to Consultant in the performance of its obligations under this
contract must be retained by Consultant 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 of
Nashua, in writing, requests any or all of the materials, then Consultant shall promptly remit and
deliver the materials, at Consultant's expense, to the City of Nashua. Consultant shall not use,
willingly allow or cause to have such materials used for any purpose other than the performance
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