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THIRD PARTY INTERESTS AND LIABILITIES. The City and Contractor, including any of their respective
agenis or employees, shal! not be liable to third parties for any act or omission of the other party.
This contract is not intended to create any rights, powers, or interest in any third party, and this
agreement is entered into for the exclusive benefit of the City and Contractor.

SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of ihe parties that by their nature
survive termination or completion of this contract shall remain in full force and effect.

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 tegislature 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 the parties may renegotiate the
invalid or unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the entire contract
between the City and Contractor. The parties shall not be bound by or be fiable for any statement,
representation, promise, inducement, or understanding of any kind or nature not set forth in this
contract. No changes, amendmenis, or modifications of any terms or conditions of the contract shall
be valid unless reduced to writing and signed by both parties.

CHOICE OF LaW AND VENUE. This contract shall be governed exclusively by ihe laws of the State of
New Hampshire and any claim or action broughi relating to this contract, the work performed or
contracted ic be performed thereunder, or referable in anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Cour-—Nashua and not elsewhere.

UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS FOR FEDERAL
Awarpbs. This Coniract is funded by federal dollars and subject to 2 CFR Part 200. At a minimum,
the following Coniract Provisions of 2 CFR 200.326 (Appendix {]) apply:

= Clean Air Act (42 U.S.C. 7401-787 %q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-767 1q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA}.

» Debarment and Suspension (Executive Orders 12549 and 12689}—A contract award (see 2 CFR
180,220) must not be made to parties listed on the government wide exclusions in the System for
Award Management {SAM}, in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR pari 1989 Comp.,
p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549. [The Contractor must register
with SAM.gov prior to executing this Contract];

* Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contraci, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.

Page 13 of 17

EXHIBIT B - SCOPE OF SERVICES
TO THE CONTRACT BETWEEN THE CITY OF NASHUA
AND
PROLIFIC PROPERTY MANAGEMENT
DBA ALCHEMY LEAD MANAGEMENT

1. General Requirements

4.1

1.2

4.3

1.4

1.5

Inspections, testing and sampling shall comply with all applicable federal, state and local laws,
rules, regulations and guidelines. Specifically, Title X Section 1017, the current HUD Guidelines,
OLHCHH Program Policy 2017-01 (hitps:/Awww.hud.gov/program offices/healthy homes/lbp/pg),
and federal, state regulations. Others include: OSHA 29 CFR 1926, Construction industry
Standards: 24 CFR Part 35, U.S. Department of Housing and Urban Development's Lead-Based
Paint Poisoning Prevention in Certain Residential Structures; 40 CFR Part 745, Environmental
Protection Agency's Lead Hazard Standards Rule; and the New Hampshire Code of
Administrative Rules, Chapter He-P 1800. In situations where the requlations differ, whichever is
the more stringent shall be followed.

Trained and Certified Professionals

All activities must be conducted by persons qualified and licensed to perform the activities
according to applicable federal, state and local requirements. Contractor must be registered in the
Sysiem for Award Management (SAM.gov}, with no adverse history.

Scheduling

inspector/Risk Assessor must contact the owner within 24 hours following notification from the

Program that a property is approved for an initial LIRA.

e The Program expects the LIRA will occur NO LATER THAN 1 WEEK FROM THE
NOTIFICATION OF INSPECTION WORK ORDER. Work order will be issued by email.

e The Program staff thai notifies the Contracior of the Work Order, must be notified as soon as
the LIRA is scheduled. Program staif will attend in order to conduct healthy homes
assessments and conduct a visual in order to later create the cost estimate/scope of work.
Ensuring City staff are present for the LIRA is essential, as it reduces the burden and
intrusion to occupied units.

Laboratory Analysis
All laboratory analysis must be performed by an EPA accredited laboratary

Test Results

e Lead paint inspection and risk assessment reports must be provided electronically {i.e. email
or cloud share} to the LP & HH Program within (ten) 10 calendar days following compietion of
the Initial Report and Clearance Report.

e (lfthe report(s) are not received within 10 calendar days, a fee of $100/day will be assessed
and deducted from the negotiated cost for each day the report is late.

« A Statement regarding the property owner's responsibility of disclosure must be included in
the report. The City will provide the LIRA and statement to the owner.

Page 14 of 17

1.6 Insurance
« General Liability: $1,000,000 per occurrence; $2,000,000 aggregate
« Automobile Liability: $41,000,000 Combined single limit
« Workers’ Compensation as required by siatute/Empioyer's Liability of
$100,000/$500,000/$1 000,000
« Professional Liability: $7,000,000

Page 15 of 17

2. Evaluation & Clearance Requirements

2.1 A New Hampshire licensed risk assessor shall performa combination lead-based paint
inspection/risk assessment using an XRF analyzer, of all interior and exterior coated components
and surfaces in compliance with all applicable local, state and federal rules and guidelines. The
risk assessment shall include taking soil samples as required. if the soil is not accessible at the
time of initial assessment, samples shall be taken later at no additional cost to the Program.
Dust wipes taken as part of risk assessment musi be provided with the report. Total cost for a
combined lead paint inspection/risk assessment shall be per unit and include commen area
testing.

2.2 A New Hampshire licensed risk assessor shall perform clearance examinations, following the
completion of all required lead hazard reduction, in compliance with all applicable local, siate and
federal rules and quidelines. Clearance fees shall be separated between a first-time clearance
and clearance after failures. Contractors will be instructed io prepare common areas for
clearance at the time of a unit clearance to reduce the number of visits required by the Risk
Assessor. "Next Day” analysis is required for dust wipe samples taken at the first clearance visit.

2.3 Clearances — After Failure
Clearance inspections after a failed visual inspection or failed dust-wipe samples must be given
priority and be performed within 24 hours of notification of such failure. if the unit is occupied,
generally “same day” samples are required after a failed visual clearance and/or failed dust wipe
samples. If a unit is vacant, the Program may authorize “next day” analysis. Provide copies of
laboratory reports to LP & HH Program.

2.5 Additional Site Visits
From time to time, additional site visits may be performed. These visits must be approved in
advance and in writing (email) by Program siaff. A fee may be billed if the visit is required to
clarify or approve a matter demanding attention that cannot be resolved in a scheduled inspection
visit. Examples include, but are not limited to:

1. Client failure to make property accessible
2. Visual clearance of soil remediation
3. Failure of contractor to prepare common areas for clearance at time of a unit clearance

Note: A Site Visit required due to a questionable inspection report or to clarify information in the report
that is not clear ARE NOT billable site visits.

3. Compensation and Method of Payment

3.1 Basis for Payment
Payments made to the Risk Assessor/Inspecior shall be supported by bills or invoices, which
include the property address, the date and description of services. The invoices shall be signed
and certified by the Risk Assessor/Inspection that the work performed has been undertaken and
completed in accordance with the Scope of Services and terms of this Contract. Payments will be
processed following completed services as approved by the LP & HH Pregram and made in
accordance with ihe City's payment schedule. The City currenily issues payments weekly.

3.2 Compensation
Compensation shail be in accordance with the fees listed below; see table on next page:

Page 16 of 17

Service Description Pe or Per wipe ee
Combined initial Lead Paint Inspection & Risk Assessment (including wipe 10 @ $15
sample, Upio 15 per unit, including common areas) $395.00 | _ $150.00 $545.00
Risk Assessment Dust Wipe Samples (over 15/unit) $15.00 $15.06
Compost Soil Samples / up io 4 composite samples per property, as part of
the initial LIRA $15.00 | $15.00
Composite Soil Samples in excess of 4 per property $15.00 | $15.00
Preliminary Clearance Inspection {to verify removal of components and/or
application of surface coating) $210.00 $270.00
Final Clearance inspection (upon completion of all lead hazard reduction $232.00 18 @ $15 $502.00
activities including final wipe samples with next day results) . = $270.00 ,
Clearance Inspections following visual failure — including Next day results $210.00 $210.00
Wipe samples with “Same Day” results following failure of Final Clearance $60.00 $60.00
Dust Wipes , ,
Wipe samples with “Next Day” results following failure of Final Clearance
Dust Wipes $15.00 | $15.00
Additional Site Visits required in addition to the activities listed above, i.e.
unable to access property, soil clearance, final exterior visual aiter winter $210.00 $210.00

snow melt, etc, (requires written authorization to be eligible for billing)

4, Period of Performance

No expenses incurred prior to the date of this agreement shall be reimbursed. The Contractor

agrees that the funded activity shall be completed by July 3, 2024.

Page 17 of 7

APPOINTMENTS BY THE BOARD OF ALDERMEN

JANUARY 12, 2021

Office of Deputy Treasurer/Deputy Tax Collector

Patricia L. Barry

| respectfully request that this appointment be confirmed.

David G. Fredette, Treasurer/Tax Collector

City of Nashua

Office of TheTreasurer

229 Main Street - Nashua, NH 03060 (603) 589-3193
Fax (603}589-3228

January 4, 2021

To the Honorable Board of Aldermen:

I have this day appointed Patricia L. Barry of Hudson, New Hampshire, to the Office of Deputy Treasurer/Deputy
Tax Collector effective March 1. 2021, for an indefinite term. I respectfully request that this appointment be
confirmed.

Respectfully submitted,

Dau) 6 Fkcir
David G. Fredette
Treasurer/Tax Collector

Ce: Mayor Jim Donchess

Cheryl Lindner, Chief of Staff

John L. Griffin, CFO/Comptroller

Kim Kleiner, Director of Administrative Services
Larry Budreau, Director of Human Resources

RESOLUTION

AMENDED
R-20-100

RELATIVE TO THE RESCINDING OF AUTHORIZED UNISSUED DEBT

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the authorized portions
of debt not issued granted by the following resolutions be rescinded as no further issuance will
be required and hereby is further amended by deleting the struck-through language and adding
the new underlined language as follows:

Resolution Date Amount Amount Debt not

Number Authorized Purpose Authorized Issued Issued

R-09-176 04/28/2009 Wet Weather Facility & $51,325,000 $45,328,715 $5,996,285
Disinfection Facility

R-09-203 07/14/2009 Enterprise Resource Planning $7,500,000 $7%364.000 $198,300
System $7,301,700

R-13-109 05/17/2013 Refund all State Revolving $30,000,000 $25,922,940 $4,077,060
Loan Funds in order to achieve
interest cost and other savings

R-11-167 01/02/2012 Storage Tank Facility, $15,492,453 $13,954,000 $1,538,453
Aeration Blower and Sludge
Dewatering upgrades

R-15-140 05/28/2015 Amherst Street road $1,004,000 $944,600 $59,400

R-16-010 03/22/2016 and traffic improvements

R-15-152 07/15/2015 Headworks upgrades $3,800,000 $3,542,312 $257,688

R-15-154 07/15/2015 Roof improvements at $1,300,000 $4,841,000 $119,000
Sunset Heights Elementary $1,181,000

School

AMENDED

RESOLUTION R-20-100

Resolution Date Amount Amount Debt not

Number Authorized Purpose Authorized Issued Issued

R-15-173 09/22/2015 Acquisition of 141-143 $4,200,000 $3,887,900 $312,100
Burke Street property

R-15-189 12/08/2015 Purchase of Mine Falls Park $4,200,000 $4,191,000 $9,000
Hydroelectric Facility

R-15-190 12/09/2015 Purchase of a new Pumper $550,000 $464,600 $85,400
Fire Truck

R-15-191 12/08/2015 Purchase and installation of $2,200,000 $1,959,000 $241,000
LED street lights

R-16-028 04/26/2016 Refund all or portion of $30,000,000 $24,255,000 $5,745,000
outstanding bonds in order to
achieve interest cost and other
savings

R-16-033 06/17/2016 Citywide Telecommunication $2,200,000 $2,137,500 $62,500
upgrades

R-16-040 07/13/2016 Spit Brook Road Fire Station $1,650,000 $1,617,000 $33,000
renovations

R-16-047 08/10/2016 Four Hills Landfill $1,000,000 $982,000 $18,000
improvements including
Soil Walls, Gas System
and Landfill expansion

R-17-097 05/30/2017 Roof improvements at $1,200,000 $1,132,000 $68,000
Fairground Middle School

R-18-003 03/02/2018 Purchase of six refuse trucks, $2,575,000 $2,402,000 $173,000
Four Hills Landfill soil walls,
and gas system improvements

R-18-022 05/14/2018 2018 Sewer Infrastructure $2,500,000 $2,358,000 $142,000

improvements

TOTAL: $19,135,186

AMENDED
O-20-042

ORDINANCE

AMENDING THE ORDINANCE ON MAINTAINING ADEQUATE UNASSIGNED
GENERAL FUND BALANCE

CITY OF NASHUA

In the Year Two Thousand and Twenty

The City of Nashua ordains that Part I “Administrative Legislation”, Chapter 5
“Administration of Government”, Part 7 “Taxation and Finance”, Article XX VI “Accounts and

Warrants”, Section 5-135 “Maintaining adequate undesignated general fund balance” of the
Nashua Revised Ordinances, as amended, be and hereby is further amended by deleting the
struck-through language and adding the new underlined language as follows:

Ҥ 5-135. Maintaining adequate undesignated unassigned general fund balance.

It is the policy of the Board of Aldermen to maintain an undesignated unassigned

general fund balance as of each June 30 of each year equal to a minimum of 10%
of the ee s fiscal ee ceneral fund ee

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hoo! nea

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This legislation shall take effect following its passage.