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LEGISLATIVE YEAR 2022

RESOLUTION: R-22-028
PURPOSE: Authorizing the City of Nashua to enter into a Memorandum

of Understanding with the City of Manchester regarding a
welfare software application

ENDORSERS: Mayor Jim Donchess
OM ONMERY: Finance Committee
FISCAL NOTE: The City will receive unanticipated revenue in the amount of

$13,500.

ANALYSIS

This resolution authorizes the City of Nashua to enter into a Memorandum of Understanding
with the City of Manchester regarding a welfare software application after the Memorandum has
been authorized and signed by the City of Manchester.

Approved as to account Financial Services Division
structure, numbers and

amount: By: /s/John L. Griffin
Approved as to form: Office of Corporation Counsel

By: /s/Celia K. Leonard

Date: April 20, 2022

MEMORANDUM OF UNDERSTANDING

This MEMORANDUM OF UNDERSTANDING is made effective on , 2022 by and
between the City of Nashua, New Hampshire, a municipal corporation, (hereafter "Nashua") of 229
Main Street, Nashua, New Hampshire 03253, and the City of Manchester, New Hampshire, a
municipal corporation, (hereafter "Manchester") of 1 City Hall Plaza, Manchester, New Hampshire
03101. Nashua, and Manchester are sometimes individually referred to as "Party" and collectively
referred to as the "Parties."

WHEREAS, Nashua has developed a Welfare Application (developed using Microsoft .NET
framework. Language used is VB.NET. Reports and forms were created with Crystal Report 2008 and
use the Crystal Report 2008 runtime for operation in the application, The backend is an SQL database)
which provides local welfare staff with means to retain client data, providing for case notations, voucher
creation based on local vendors, case decisions, and detailed reporting (“Welfare Application”); and

WHEREAS, in exchange for valuable consideration, Manchester desires to purchase the Welfare
Application for its own uses;

NOW THEREFORE, in consideration of mutual covenants and conditions contained herein, Nashua,
and Manchester hereby agree as follows:

TERMS

1. Price. In developing the Welfare Application, it cost Nashua Twenty Seven Thousand Dollars
($27,000.00). In exchange for receiving the Welfare Application, Manchester agrees to pay Nashua
Fifty Percent (50°) of that cost or Thirteen Thousand Five Hundred Dollars ($13,500.00). It is further
understood that Manchester will not re-sell or transfer in any manner the Welfare Application or any
iteration or derivative of the Welfare Application.

2. Product Only. It is understood and agreed between the Parties that Nashua is only providing
Manchester with the Welfare Application and backend SQL Database. The backend SQL database will
contain no data. No support services will be provided by Nashua.

3. Product Modification. Manchester may, at its sole discretion, make any modifications to the
Welfare Application as it sees fit, at any time and for any reason. Nashua may, with Manchester’s
assent, which shall not be unreasonably withheld, have access, at no charge, to any such
modifications.

4. Indemnification. Manchester shall fully defend, indemnify, and hold harmless Nashua from any
and all claims, lawsuits, demands and causes of action, liability, loss, damage and/or injury or any kind
whatsoever (including without limitation all claims for monetary loss, property damage, equitable
relief, personal injury, and/or wrongful death), whether brought by an individual or other entity, or
imposed by a court of competent jurisdiction or by administrative action of any federal, state, or local
government body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or
other misconduct related to Manchester’s use of the Welfare Application. This indemnification applies
to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees,
attorneys' fees, and related costs or expenses, and any reimbursements to Nashua for all legal fees,
expenses, and costs incurred by them.

5. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this
Agreement have the actual legal authority and right to make this Agreement and bind each respective

Party.

6. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall
be binding unless executed in writing and signed by the Parties.

7. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether
of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a Party shall give the other Party any contractual right by custom, estoppels, or
otherwise.

8. Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with
this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable
attorneys' fees and other related costs, in addition to any other relief to which the Party is entitled.

9. Entire Agreement. This Agreement constitutes the entire agreement between the Parties related to
the matters specified herein, and supersedes all prior oral or written statements or agreements between
the Parties related to such matter.

10. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held
invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. The intent of the Parties is to provide as broad an indemnification as possible under the
laws of the State of New Hampshire. In the event that any aspect of this Agreement is deemed
unenforceable, the Court is empowered to modify this Agreement to give the broadest possible
interpretation permitted by the laws of the State of New Hampshire.

11. Applicable law. This Agreement shall be governed exclusively by the laws of the State of New
Hampshire, without regard to conflict of law considerations.

12. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to
this Agreement in any way whatsoever shall be exclusively brought and litigated in Hillsborough

County Superior Court — South in Nashua , New Hampshire. Each Party expressly consents and
submits to this exclusive jurisdiction and exclusive venue. Each Party consents to the dismissal of any
lawsuit that they bring in any other jurisdiction or venue.

13. Signatures. This Agreement may be signed on behalf of the City of Nashua by James W.
Donchess, Mayor and on behalf of the City of Manchester by Jean Fortier, Information Systems
Director, and effective as of the date first written above.

CITY OF NASHUA, NEW HAMPSHIRE

By: Date: , 2022
James W. Donchess, Mayor

For Mayor’s authority see Resolution R-21-xxx “Authorizing the City of Nashua to Enter into a
Memorandum of Understanding with the City of Manchester regarding a welfare software application”
passed by the City’s Board of Aldermen on 2022.

CITY OF MANCHESTER, NEW HAMPSHIRE

By: Date: , 2022
Jean Fortier, Information Systems Director, duly authorized

Q-22-012

ORDINANCE

AUTHORIZING A STOP SIGN ON GARDEN STREET AND ESTABLISHING A
PORTION OF GARDEN STREET AS A ONE-WAY STREET IN AN EASTERLY
DIRECTION

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

The City of Nashua ordains that Part II “General Legislation”, Chapter 320 “Vehicles
and Traffic”, of the Nashua Revised Ordinances, as amended, be hereby further amended by
adding the new underlined language as shown:

1. In Article III “Stop and Yield Intersections”, Section 320-4 “Stop intersections”,
subsection D:

Ҥ 320-4. Stop intersections.

D. The following intersections are hereby designated as stop or through streets, and
authority is hereby granted for the erection of a stop sign at the corner so
designated in accordance with the tenor of this chapter:

Stop Sign on Sign Location At Intersection of
Garden Street (section Northwest corner Garden Street (section on
on south side of Parking east side of Parking

Garage) Garage)”

ORDINANCE O-22-012

2, In Article VII “One-Way Streets”, Section 320-27 “One-way streets at all times”:
Ҥ 320-27. One-way streets at all times.

The following streets are hereby designated as one-way streets:

Name of Street Direction of Travel Location

Garden Street (section on Easterly From Elm Street to

on south side of Parking Garden Street (section

Garage) on east side of Parking
Garage)”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective at the time of removal and installation of the appropriate
sign(s).

LEGISLATIVE YEAR 2022

ORDINANCE: O-22-012

PURPOSE: Authorizing a stop sign on Garden Street and establishing a
portion of Garden Street as a one-way street in an easterly
direction

ENDORSERS: Mayor Jim Donchess

Alderman Thomas Lopez

COMMITTEE
ASSIGNMENT: Committee on Infrastructure
FISCAL NOTE: Materials, Labor and Vehicle Overhead: $598

ANALYSIS

This legislation authorizes a stop sign on Garden Street and establishes a portion of Garden
Street as a one-way street in an easterly direction. A memo from City staff is being provided to
explain the proposed traffic changes.

The erection, removal and maintenance of all traffic control devices must conform to applicable
state statutes and the latest edition of the manual on Uniform Traffic Control Devices. RSA
47:17 VIII (a). The Board should consult with the City Traffic Engineer to determine if this
ordinance is in compliance.

Approved as to form: Office of Corporation Counsel

By: Wea Ae (Toke
Date: O } a
dO _Q pal ae

0-22-013

ORDINANCE

UPDATING THE EDITION OF MASON’S MANUAL OF LEGISLATIVE
PROCEDURE USED BY THE BOARD OF ALDERMEN

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

The City of Nashua ordains that Part I “Administrative Legislation”, Chapter 5
“Administration of Government”, Part 2 “Board of Aldermen”, Article III “Rules and Order of
Business”, Section 5-24 “Other applicable rules”, subsection A 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 5-24, Other applicable rules.
A. Except in cases covered by the City Charter or other ordinances of the City, the

rules in Mason’s Manual of Legislative Procedure, 2008-2020 Edition, shall
govern the proceedings of the Board of Aldermen.”

This ordinance shall become effective immediately upon passage.

LEGISLATIVE YEAR 2022
ORDINANCE: O-22-013

PURPOSE: Updating the edition of Mason’s Manual of Legislative
Procedure used by the Board of Aldermen

SPONSOR(S): Alderman-at-Large Lori Wilshire
COMMITTEE .
ASSIGNMENT: Personnel/Administrative Affairs Committee
FISCAL NOTE: None.
ANALYSIS

This legislation updates the edition Mason’s Manual of Legislative Procedures used by the Board
of Aldermen, from the 2000 edition to the 2020 edition.

Approved as to form: Office of Corporation Counsel

By: Wath AGAR
Date: \¢ Opt eee

O-22-014

ORDINANCE

NO PARKING ON THE EAST SIDE OF A SECTION OF EAST DUNSTABLE ROAD

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

The City of Nashua ordains that Part II “General Legislation”, Chapter 320 “Vehicles
and Traffic”, Article XII “Parking, Stopping and Standing”, Section 320-69 “No parking on
certain streets”, of the Nashua Revised Ordinances, as amended, be hereby further amended by
adding the new underlined language in the appropriate alphabetical order as follows:

Ҥ 320-69. No parking on certain streets.

No parking whatsoever shall be permitted on the following streets during the hours and
days indicated:

Name of Street Side Location

East Dunstable Road East From a point 410 feet south of
Spit Brook Road southerly to the
Dunstable, Massachusetts town line”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective at the time of removal and/or installation of the necessary
sign(s) and/or device(s).