Finance Committee

6.

Federal Participation. Laws. Requlations. and Assistance

CONTRACTOR shail at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between Nashua Transit and FTA, as they may be amended or promulgated from time to time during
the term of this contract. CONTRACTOR'S failure to so comply shall constitute a material breach of
this contract.

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.

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 SUBCONTRACTOR must include the assurance in this paragraph ( see 49
CFR 26.13(b)).

c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.

Ai Privacy

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