Finance Committee

portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the party
indemnified or held harmless.

11. 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.

8. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment, compensation, or
adjustment of any kind shall be made to Service Provider for damages because of hindrances or delays in the
progress of the work from any cause, and Service Provider agrees to accept in full satisfaction of such
hindrances and delays any extension of time that the City of Nashua may provide.

9. INSURANCE. Service Provider shall carry and maintain in effect during the performance of services
under this contract:

Upon receipt of notice of termination for cause, Service Provider shall:

I. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the City of Nashua 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.

5. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES.

General Terms and Conditions

1. DEFINITIONS. Unless otherwise required by the context, "Service Provider” and its successors,
transferees and assignees (together “Service Provider”) includes any of the Service Provider's consultants, sub
consultants, contractors, and sub-contractors

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shal] be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid, and
registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: SERVICE PROVIDER REPRESENTATIVE:
Jeff Lafleur, Superintendent Bob Cappadona, Vice President

City of Nashua, Solid Waste Department Casella Recycling, LLC

840 West Hollis St 24 Bunkerhill Industrial Park

Nashua, NH 03062 Charlestown, MA 02129

The Service Provider shall maintain record of amounts of acceptable materials delivered from the City
of Nashua. The Service Provider shall maintain books and records in accordance with generally
accepted accounting principles and practices. The Service Provider shall make available to the City of
Nashua all books and records necessary to verify the amount of material delivered by the City of
Nashua.

2. B. TRANSPORTATION

The Service Provider shall provide transportation of recyclable materials directly from the Nashua
Recycling Center to the MRF, utilizing vendor-supplied trucks and drivers to deliver materials to the
vendor’s MRF. Pickup and hauling of loads of material by the vendor at the Nashua Recycling Center
shall be during the hours of 8:00 am and 3:30 pm, Monday through Friday, and loading must be
completed by 3:30 pm.

2. WORK TO BE PERFORMED. Except as otherwise provided in this contract, Service Provider shall be
responsible for all aspects of providing the requested service: the pickup and hauling of single stream
recyclables from the Four Hills Landfill / Nashua Recycling Center; the processing, marketing and shipping of
recyclables; the disposal of any residue; the maintenance of records and provision of documents and reports to
the City of Nashua; and the care and maintenance of equipment Furnished for this program and any other

CONTRACT FOR SERVICE PROVIDER

Single Stream Recyclable Material Processing
RFP 1058-022616

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

CASELLA RECYCLING, LLC
and its successors, transferees and assignees (together “Service Provider’’)
NAME AND TITLE OF SERVICE PROVIDER

24 BUNKERHILL INDUSTRIAL PARK , CHARLESTOWN, MA 02129
ADDRESS OF SERVICE PROVIDER