13.
14.
15.
16.
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 Architect 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 Architect 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 Architect. Architect shall have no claim of any sort to the
unexpended funds.
COMPENSATION Review by the City of Nashua of Architect'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 Architect to
submit additional information. Unless the City of Nashua, in its sole discretion, decides
otherwise, the City of Nashua shall pay Architect in full within 30 days of approval of
the submitted monthly invoice forms and progress reports.
COMPLIANCE WITH APPLICABLE LAWS Architect, 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. Architect 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, Architect agrees to the following terms. Architect
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. Architect 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, Architect'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.
GC 8 of 12
