Agenda

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9. ENTIRE AGREEMENT

This Agreement and any amendments to this Agreement contain the complete agreement between
the Parties with respect to the subject matter of this Agreement and supersede all other
agreements and understandings, whether written or oral, with respect to the matters contained in
this Agreement, including any letters of intent, term sheets or similar proposals exchanged by the
Parties.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the

4. 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 Jaw 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.

5. SEVERABILITY

CONTRACTOR will provide the CITY with certificates of insurance for coverage, as listed, and
endorsements affecting coverage required by the Agreement. The CITY requires thirty days
written notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be 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 policies must name the City of Nashua as an additional insured and reflect on the

3. INSURANCE REQUIREMENTS

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:

>» General Liability (which must include hazardous material/waste coverage):
$1,000,000 per Occurrence
$2,000,000 Aggregate
(City of Nashua Additional Insured)

» Motor Vehicle Liability:
$1,000,000 Combined Single Limit *coverage must include all owned, non-owned and
hired vehicles.

(City of Nashua Additional Insured)

The CONTRACTOR’s drivers will take precautions to prevent spillage during
deliveries. Driver will immediately notify CITY of Nashua personnel of problems
resulting from defective equipment at the 11 Riverside Street, Nashua NH facility.
The City of Nashua will not be responsible for spillage during deliveries.

Quantity stated is an estimate based on history and anticipated needs. The CITY shall
not be bound to this specific quantity to fulfill the agreement.

Deliveries must be made between 6:00am - 9:00pm EST.

B5 BIODIESEL AGREEMENT BETWEEN
THE CITY OF NASHUA, NH
AND
Broco Oil Inc

THIS AGREEMENT is made and entered into effective as of July 1, 2022 by and
between the CITY of Nashua, located at 229 Main Street, Nashua, NH 03060 (the "CITY") and
Broco Oil Inc., located at 168 Hale St., Haverhill MA 01830 (the "CONTRACTOR").

WITNESSETH

° Community Development
City of Nashua Planning and Zoning
. - one Building Safety
Community Development Division Code Enforcement
. . Urban Programs
City Hall, 229 Main Street, PO Box 2019 Conservation Commission
Nashua, New Hampshire 03061-2019 Transportation
www.nashuanh.gov FAX

589-3095
589-3090
589-3080
589-3100
589-3085
589-3105
880-0100
589-3119

Date: June 4, 2021

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

June 30, 2021
Memo #22-144

TO: Mayor Donchess
Finance Committee

SUBJECT: FY22 Biodiesel Contract in the amount not to exceed $30,425 funded from accounts
61307 Diesel Fuel

EY PRO-VISION. price quote

8625-B Byron Commerce Dr. PREPARED BY: PREPARED FOR: QUOTE #:

Byron Center, MI 49315 Joe Francis Nashua Police Headquarters MASQ14044
provisionusa.com DATE:

800-576-1126 06/29/2020

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