EXHIBIT C
12.30.11
CITY OF NASHUA
FIREWORK INSURANCE REQUIREMENTS
VENDOR shall carry and maintain in effect during the performance of services under this contract:
= General Liability Insurance in the amount of $1,600,000 per occurrence; $2,000,000 aggregate;
= $1,000,000 Combined Single Limit Automobile Liability;
* and Workers' Compensation Coverage in compliance with the State of New Hampshire statutes,
$7100,000/$500,000/2100,000.
VENDOR 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 VENDOR are intended to and shall not in any manner limit or
qualify the liabilities and obligations assumed by VENDOR under this contract. The City of Nashua shall not maintain any insurance on
behalf of VENDOR. Subcontractors are subject to the same insurance requirements as VENDOR and it shall be the YENDOR's
responsibility to ensure compliance of this requirement.
The parties agree that VENDOR shall have the status of and shall perform all work under this contract as an independent VENDOR,
maintaining control over ail its consultants, sub consultants, VENDOR's, or subcontractors. The only contractual relationship created
by this contract is between the City and VENDOR, and nothing in this contract shall create any contractual relationship between the
City and VENDOR’s consultants, sub consultants, VENDOR's, or subcontractors. The parties also agree that VENDOR is not a City
employee and that there shall be no:
(1) Withholding of income taxes by the City:
(2) Industrial insurance coverage provided by the City;
(3) Participation in group insurance plans which may be available to employees of the City;
(4) Participation or contributions by elther the independent contractor or the City to the public employee's retirement system;
{5) Accumulation of vacation leave or sick leave provided by the City;
(6) Unemployment compensation coverage provided by the City.
VENDOR 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 issues the notice of award. The City of Nashua requires thirty
days written notice of cancaliation or material change in coverage. The certificates and endorsements for each insurance policy must
he signed by a person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability, Employers’
Liability and Auto Liability polices must name the City of Nashua as an additional insured and reflected on the certificate of
insurance. VENDOR 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, VENDOR must maintain
umbrella liability insurance of at least $1,000,060. All aggregates must be fully disclosed on the required certificate of
insurance.
= The specified Insurance requirements do not relieve VENDGR of its responsibilities or limit the amount of its liability to the City
or other persons, and VENDOR 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.
= VENDOR is responsible for and required to remedy all damage or logs to any property, including property of the City, caused
in whole or part by VENDOR or anyone employed, directed, or supervised by VENDOR.
® The insurance shall cover all operations involving fireworks and any vehicles used for the transportation or storage of
fireworks, bodily Injury liabillty and property liability, and should be reflected on the certificate of insurance. The insurance
shall also provide protection for underground property damage and property damage resulting from fireworks or explosion.
Regardless of any coverage provided by any insurance, VENDOR agrees to indemnify and shall defend and hold harmless the City, its
agents, officials, employees and authorized represenialives and their employees from and against any and all sults, causes of action,
legal or administrative proceedings, arbitrations, claims, demands, damages, fiabilities, interest, attorney's fees, costs and expenses of
any kind or 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 VENDOR or of anyone acting under Its direction or control or on its behalf in
connection with or incidental to the performance of this contract. VENDOR’s Indemnity, defense 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.
