Finance Committee - Agenda - 6/15/2016 - P25
EXHIBIT B
PRODUCT AND SCOPE OF SERVICES
GC 11 of 13
EXHIBIT B
PRODUCT AND SCOPE OF SERVICES
GC 11 of 13
rights, powers, or interest in any third party and this agreement is entered into for the exclusive
benefit of the City of Nashua and Custom Computer Specialists, Inc..
22. SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of the parties that
by their nature survive termination or completion of this contract shall remain in full force and
effect.
or future default, breach, or modification of any of the terms and conditions of the contract
unless expressly stipulated to by the City of Nashua in a written waiver,
19. RIGHTS AND REMEDIES, The duties and obligations imposed by the contract and the
rights and remedies available under the contract shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.
14. FEDERAL SUBCONTRACTING REQUIREMENTS, If Custom Computer Specialists, Inc.
awards a subcontract under this contract, Custom Computer Specialists, Inc., if applicable, shall
use the following alternative steps:
A. Using the services of the Small Business Administration and the Minority
Business Development Agency of the United States Department of
Commerce, as appropriate; and
B. Requiring the subcontractor, if it awards subcontracts, to take the
affirmative steps set forth in paragraph A.
negligent act, omission, or fault or willful misconduct, whether active or passive, of Custom
Computer Specialists, Inc. or of anyone acting under its direction or control or on its behalf in
connection with or incidental to the performance of this contract. Custom Computer Specialists,
Inc.’s indemnity, defense and hold harmless obligations, or portions thereof, shall not apply to
liability caused by the sole negligence or willful misconduct of the party indemnified or held
harmless.
10. INSURANCE. Custom Computer Specialists, Inc. shall carry and maintain in effect during
the performance of services under this contract:
> General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
>» $1,000,000 Combined Singte Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vchicles.
> $1,000,000 Profession Liability;
>» and Workers' Compensation Coverage in compliance with the State of New Hampshire
statutes, $100,000/$500,000/$ 100,000.
In the event of a termination for cause, Custom Computer Specialists, Inc, shall receive all
amounts due and not previously paid to Custom Computer Specialists, Inc. for work satisfactorily
completed in accordance with the contract prior to the date of the notice, less all previous
payments. No amount shall be allowed or paid for anticipated profit on unperformed services or
other unperformed work. All claims for payment by the Custom Computer Specialists, Inc. must
be submitted to the City of Nashua within 30 days of the effective date of the notice of
Upon receipt of notice of termination, abandonment, or suspension at will, Custom Computer
Specialists, Inc. shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
Provide the City of Nashua with a list of all unperformed services.
Place no further orders or subcontracts 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.
Specialists, Inc.’s cost or time required tor performance of the contract as a whole, an equitable
adjustment shall be made and the contract accordingly modified in writing. Any claim of
Custom Computer Specialists, Inc. for adjustment under this clause shall be asserted in writing
within 30 days of the date the City of Nashua notified Custom Computer Specialists, Inc. of the
change.
General Terms and Conditions
1. DEFINITIONS. Uniess otherwise required by the context, "Custom Computer
Specialists, Inc.”, and its successors, transferees and assignees (together “Custom Computer
Specialists, Inc’”} includes any of the Custom Computer Specialists, Inc.’s consultants, sub
consultants, contractors, and subcontractors