17.
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, 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, Professional Consultant'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.
Professional 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 Professional Consultant under this contract.
In connection with the performance of work under this contract, Professional 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.
Professional 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 Professional Consultant shall constitute a material breach of the contract.
ENDORSEMENT Professional Consultant shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Professional Consultant or under its direction as required under the laws of the State of New
Hampshire.
18. ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Professional Consultant shall not
19.
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 theparties.
CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Professional 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 Aldermen, Corporation Counsel, and, if applicable, the
Comptroller General of the United States, or any authorized representative of those entities.
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