term of the contract. Seller's failure to comply shall constitute a material breach of the
contract.
15. Notice of Material Change in Business. Seller agrees that, if it experiences a
material change in its business during the term of this Contract, including, without
limitation, a reorganization, restructuring, leveraged buyout, and/or bankruptcy, Seller will
mmediately notify City of the change in writing.
10. Indemnification. To the fullest extent permitted by law, Seller shall
indemnify, protect, defend, and hold harmless City, its officers, officials, agents,
employees and volunteers from and against any and all claims, damages, demands,
liability, costs, losses and expenses, including without limitation, court costs and
reasonable attorneys' and expert witness fees resulting from, or related to, this Contract,
and/or arising out of any failure to comply with applicable law, any injury to or death of
2. Provide the City with a list of all unperformed services.
3. Place no further orders or sub-contracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work under
the contract that is not terminated.
8. Title/Risk of Loss. Title, ownership, and risk of loss or damage of the Low
Floor Cutaway Vans shall remain with Seller until the Low Floor Cutaway Vans are
delivered to, inspected and accepted by City, except when such loss or damage is due to the
fault or negligence of City. Once accepted by City, title, ownership, and risk of loss shall
transfer to City.
3. Term of Contract. This Contract shall be effective as of the Effective Date
executed and shall terminate five (5) years from the Effective Date or after all five (5)
optional Vans have been purchased and delivered, whichever is later, unless earlier
terminated or extended as provided for herein. Provided, however, that in no event shall the
term of this Contract be for longer than 5 years.
Contract
8/16/19
CITY OF NASHUA CONTRACT FOR
THE SALE OF GOODS
s Community Development 589-3095
City of Nashua Planning and Zoning 589-3090
. Las Building Safet 589-3080
Community Development Division Code Enforcanent 589.3100
City Hall, 229 Main Street, PO Box 2019 Can Programs mission bonaree
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119
Date: August 8, 2019
To: Jim Donchess, Mayor
From: Camille Pattison, Transportation Manager
Re: Finance Committee — Purchase of 1 Low Floor Cutaway Van
(
Py
THE CITY OF NASHUA “The Gate City’
Financial Services
Purchasing Department
August 29, 2019
Memo #20-021
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: LOW FLOOR CUTAWAY VAN (VALUE $123,894)
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUND: TRANSIT GRANTS
ACTIVITY: CERF
Please see attached communication from Camille Pattison, Transportation Manager, dated August 8,
2019 for information related to this contract award.
Page Three CONTRACT
17, Whenever under this Agreement notice is required to be given, it shall be in writing, sent
by registered mail, return receipt requested, and shall be deemed to have been given on the date
when such notice is posted:
a) lf to Municipality:
James W. Donchess
229 Main street
Nashua, New Hampshire, 03061
b) If to Auctioneer:
Eric Merback
Quaker City Auctionsers, Inc,
409 Easton Road, Suite 1014
Willow Grave, PA 19090
Page Two CONTRACT
8. Online auction shall commence in early October (and last until end time, usually 6 days
from the start of the sale).
