Entire Agreement
This Agreement contains the entire agreement between the CITY and the CONTRACTOR and no oral
agreement, promise, statement or representation, which is not herein contained, shall be binding upon
the CITY or the CONTRACTOR. All amendments to this Agreement shall be in writing and executed by
both parties.
Termination
term of this contract. CONTRACTOR'S failure to so comply shall constitute a material breach of this
contract.
The CITY FRPS is supported by assistance from the Federal Transit Administration financial assistance.
This Agreement is subject to the terms of financial assistance contracts between the CITY of Nashua
and the US Department of Transportation. The CONTRACTOR shall comply with existing and future
federal requirements while providing services under this Agreement.
No Government Obligation
(a)
(b)
or exceptions related thereto. Reference 49 CFR 18.39(i)(11 ).
The CITY shall require copies of all of the records of the CONTRACTOR'S employees to include but not
limited to driver's license, driver's record, DOT physicals and requirements, training records, certified
background report, certified drug & alcohol report and any other paperwork that pertains to the operating of
the CITY'S FRPS. The CITY shall have the right of access to and inspection of the records during this agreement.
b. The CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The CONTRACTOR shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the CONTRACTOR to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy, as
Nashua Transit deems appropriate. Each subcontract the CONTRACTOR signs with a
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the
CITY OF NASHUA
By: James W. Donchess, Duly Authorized
Signature:
Title: Mayor
Date:
CONTRACTOR
By:Mark Romaine _, Duly Authorized
Signature:
Title: Chief Operating
Officer
Date:
. GOVERNING LAW AND VENUE
This Agreement shall be interpreted and enforced in accordance with the laws of the state of New
Hampshire, excluding any choice of Law or conflicts of law rules that would result in the application
of the laws of a different jurisdiction, and any litigation related to this Agreement shall be brought
in a state court located in the State of New Hampshire.
. SEVERABILITY
contractors. The parties also agree that CONTRACTOR 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 either the CONTRACTOR or the CITY to the public
employees retirement system;
Accumulation of vacation leave or sick leave provided by the CITY;
Unemployment compensation coverage provided by the CITY.
On
includes any environmental, superfund, transportation or excise tax or fees, for which the
vendor may be deemed responsible.
e The CONTRACTOR’s Certificate of Liability Insurance must be on file at the CITY's
Purchasing Office and Risk Management Department. New certificates must be
forwarded as coverage is renewed.
e Noconfirming purchase order will be mailed to the CONTRACTOR from the CITY.
e No purchase order needs to be referenced on invoices. Location of delivery point is the
critical data to identify the CITY of Nashua cost center.
REGULAR 87 UNLEADED GASOLINE WITH A MAXIMUM 10% ETHANOL
AGREEMENT BETWEEN THE CITY OF NASHUA, NH
AND
Global Montello Group Corp.
THIS AGREEMENT is made and entered into effective as of July 1, 2021 by and between the
CITY of Nashua, located at 229 Main Street, Nashua, NH 03060 (the "CITY") and Global Montello
Group, located at 800 South Street, Waltham MA_02454 (the “CONTRACTOR’).
WITNESSETH
