17.
18.
19.
20,
Independent Contractor agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub consultants to
participate to the extent possible, consistent with their qualification, quality of work, and obligation of
Independent Contractor under this contract.
In connection with the performance of work under this contract, Independent Contractor agrees not to
discriminate against any employee or applicant for employment because of race, creed, color, national
origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
Independent Contractor agrees, if applicable, to insert these provisions in all subcontracts, except for
subcontracts for standard commercial supplies or raw materials. Any violation of any applicable provision
by Independent Contractor shali constitute a material breach of the contract.
ENDORSEMENT Independent Contractor shall seal and/or stamp and sign professional documents including
drawings, plans, maps, reports, specifications, and other instruments of service prepared by Independent
Contractor or under its direction as required under the laws of the State of New Hampshire.
ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Independent Contractor shall not assign,
transfer, delegate, or subcontract any rights, obligations, or duties under this contract without the prior
written consent of the City of Nashua. Any such assignment, transfer, delegation, or subcontracting without
the prior written consent of the City of Nashua is void. Any consent of the City of Nashua to any
assignment, transfer, delegation, or subcontracting shall only apply to the incidents expressed and provided
for in the written consent and shali not be deemed to be a consent to any subsequent assignment, transfer,
delegation, or subcontracting. Any such assignment, transfer, delegation, or subcontract shall require
compliance with or shall incorporate all terms and conditions set forth in this agreement, including all
incorporated Exhibits and written amendments or modifications. Subject to the foregoing provisions, the
contract inures to the benefit of, and is binding upon, the successors and assigns of the parties.
CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting procedures
and practices of Independent Contractor related to this contract shall be subject to inspection, examination
and audit by the City of Nashua, including, but not limited to, the contracting agency, the Board of Public
Works, Corporation Counsel, and, if applicable, the Comptroller General of the United States, or any
authorized representative of those entities.
DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or other
documents, data, drawings or other materials, including but not limited to those contained in media of any
sort (e.g., electronic, magnetic, digital) prepared by or supplied to Independent Contractor in the
performance of its obligations under this contract shall be the exclusive property of the City of Nashua and
all such materials shall be remitted and delivered, at Independent Contractor's expense, by Independent
Contractor to the City of Nashua upon completion, termination, or cancellation of this contract.
Alternatively, if the City of Nashua provides its written approval to Independent Contractor, any books,
reports, studies, photographs, negatives or other documents, data, drawings or other materials including but
not limited to those contained in media of any sort (e.g., electronic, magnetic, digital} prepared by or
supplied to Independent Contractor in the performance of its obligations under this contract must be retained
by Independent Contractor for a minimum of four years after final payment is made and all other pending
matters are closed. If, at any time during the retention period, the City of Nashua, in writing, requests any
or all of the materials, then Independent Contractor shall promptly remit and deliver the materials, at
Independent Contractor's expense, to the City of Nashua. Independent Contractor shall not use, willingly
