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Finance Committee - Agenda - 6/1/2022 - P21

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12.

13.

14.

15.

16.

Independent Contractor is responsible for and required to remedy all damage or loss to
any property, including property of the City of Nashua, caused in whole or part by
Independent Contractor or anyone employed, directed, or supervised by Independent
Contractor.

Finance Committee - Agenda - 6/1/2022 - P20

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10.

11.

as described above within 30 days, the parties may request that the dispute be submitted to the
Board of Police Commissioners for resolution. If the parties are dissatisfied with the decision of
the Board of Police Commissioners, the parties’ reserve the right to pursue any available legal
and/or equitable remedies for any breaches of this contract except as that right may be limited by
the terms of this contract.

Finance Committee - Agenda - 6/1/2022 - P19

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3. Place no further orders or sub-contracts 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.

Finance Committee - Agenda - 6/1/2022 - P18

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a decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any
work affected by a conflict, error, omission, or discrepancy which has been performed by
Independent Contractor prior to having received the City of Nashua's resolution shall be at
Independent Contractor's risk and expense. At all times, Independent Contractor shall carry on
the work under this contract and maintain and complete work in accordance with the

Finance Committee - Agenda - 6/1/2022 - P17

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4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

Finance Committee - Agenda - 6/1/2022 - P16

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Independent Contractor”, and its
successors, transferees and assignees (together “Independent Contractor”) includes any of the
Independent Contractor's consultants, sub consultants, contractors, and subcontractors

Finance Committee - Agenda - 6/1/2022 - P15

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Se pe

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK

CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

Finance Committee - Agenda - 6/1/2022 - P14

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CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:
Captain Robert Page Mr. Eric Peerson — Vice President — Sr. PM

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written
notice to the other party.

Finance Committee - Agenda - 6/1/2022 - P13

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3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work by 16 weeks
after Notice to Proceed which date shall only be altered by mutually approved written agreement to extend
the period of performance or by termination in accordance with the terms of the contract. Professional
Engineer shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued
from the City of Nashua.

4. COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed

Dollars ($ 189,854)

Finance Committee - Agenda - 6/1/2022 - P12

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CONTRACT FOR INDEPENDENT CONTRACTOR

TITLE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

MATERIAL HANDLING SALES, INC

NAME AND TITLE OF INDEPENDENT CONTRACTOR

20 DOWNEAST DRIVE, YARMOUTH ME 04096

ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of an Independent Contractor ; and

Pagination

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