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Board Of Aldermen - Agenda - 6/23/2020 - P62

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City of Nashua

Office of the Mayor

229Main Street Nashua,NH 03060
Phone 603-589-3760

To: Board of Aldermen
From: Jim Donchess, Mayor
Date: June 18, 2020

Subject: Coronavirus Disease COVID-19

To the Honorable Board of Aldermen:

Board Of Aldermen - Agenda - 6/23/2020 - P61

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Exhibit B

| GREAT AMERICAN DOWNTOWN 4
Nasuua, NH

Professional Services Contract between Great American

Downtown and the City of Nashua.

rovide strategic advice and assistance wit ma agement and execution of Dancing June 2020—June 2021
in the Streets project

Provide strategic advice and assistance with management and execution of yoga ~ June 2020 — June 2021
classes at Greeley House

Facilitate communication with key stakeholders as needed throughout all projects. June 2020 — June 2021

Board Of Aldermen - Agenda - 6/23/2020 - P60

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29. SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and

Board Of Aldermen - Agenda - 6/23/2020 - P59

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Nw
Cn

27,

28,

from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

. NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract

shall be considered waived by the City of Nashua. There shall be no waiver of any past 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.

Board Of Aldermen - Agenda - 6/23/2020 - P58

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NO
wed

retention period, the City of Nashua, in writing, requests any or all of the materials, then Service
Provider shall promptly remit and deliver the materials, at Service Provider's expense, to the City
of Nashua. Service Provider shall not use, willingly allow or cause to have such materials used
for any purpose other than the performance of Service Provider's obligations under this contract
without the prior written consent of the City of Nashua.

Board Of Aldermen - Agenda - 6/23/2020 - P57

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17.

18.

19.

Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal Employment,
Department of Labor” which, by this reference, is incorporated in this contract.

Service Provider 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 Service Provider under this contract.

Board Of Aldermen - Agenda - 6/23/2020 - P56

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13.

14.

16,

occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault
or willful misconduct, whether active or passive, of Service Provider or of anyone acting under its
direction or control or on its behalf in connection with or incidental to the performance of this
contract. Service Provider's indemnity 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.

Board Of Aldermen - Agenda - 6/23/2020 - P55

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11.

satisfaction of such hindrances and delays any extension of time that the City of Nashua may
provide.

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

Board Of Aldermen - Agenda - 6/23/2020 - P54

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10.

assign to the City of Nashua any orders or sub contracts specified in the notice, and
revoke agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the City of Nashua to resume performance.

Board Of Aldermen - Agenda - 6/23/2020 - P53

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accordance with the requirements of the contract or determination of the City of Nashua. Service
Provider is responsible for requesting clarification or interpretation and is solely liable for any
cost or expense arising from its failure to do so.

TERMINATION OF CONTRACT

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