Finance Committee

Exhibit A:
FTA CLAUSES

No Government Obligation to Third Parties

termination date. For termination by default and other termination provisions, please refer to the
FTA clauses located within Exhibit A.

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.

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

4. GOVERNING LAW AND VENUE

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;

6. Unemployment compensation coverage provided by the CITY.

a.

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 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.

B5 BIODIESEL AGREEMENT BETWEEN
THE CITY OF NASHUA, NH
AND
EAST RIVER ENERGY

THIS AGREEMENT is made and entered into effective as of July 1, 2016 by and between the
City of Nashua, located at 229 Main Street, Nashua, NH 03060 (the "CITY" or “Purchaser”) and
East River Energy, located at 401 Soundview Road, P.O, Box 388, Guilford, CT 06437-
0388(the "CONTRACTOR").

WITNESSETH

Community Development

City of Nashua Planning and Zoning
Building :
Community Development Division Uren Programs.
City Hall, 229 Main Street, PO Box 2019 oon
Nashua, New Hampshire 03061-2019 Transit Department

To: Dan Kooken, Purchasing Manager
From: Sarah Marchant, Division Director
Date: June 4, 2016

Re: FY17 Bio-Diesel Fuel Contract for Nashua Transit

588-3095
589-3090
589-3080
689-3100
589-3085
589-3070
589-3105
880-0100

=) THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

June 30, 2016
Memo #1 7-012

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: FY17 BIO-DIESEL FUEL CONTRACT FOR NASHUA TRANSIT (VALUE $1.8457 PER
GALLON)
DEPARTMENT: 186 NASHUA TRANSIT; FUND: GRANT FUNDS
ACCOUNT CLASSIFICATION: 61 FUEL

Please see attached communication from Sarah Marchant, Community Development Division
Director, dated June 4, 2016 for information related to this contract award.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer to any officer or employee of the City with
a view toward securing a contract or securing favorable treatment with respect to the awarding or
amending or making of any determinations with respect to the performance of this contract. If
City determines that such gratuities were or offered or given, it may terminate the contract at will
or for cause in accordance with paragraph 8.