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13.

14.

15.

16.

attomey’s fees, costs and expenses of any kind or nature in any manner caused, 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 Professional Engineer or of anyone acting under its
direction or control or on its behalf in connection with or incidental to the performance of this
contract. Professional Engineer’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.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to the
City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this contract.

Nothing in this contract shall be construed to provide Professional Engineer with a right of payment
over any other entity. Any funds obligated by the City of Nashua under this contract that are not
paid to Professional Engineer shall automatically revert to the City of Nashua’s discretionary
control upon the completion, termination, or cancellation of the agreement. The City of Nashua
shall not have any obligation to re-award or to provide, in any manner, the unexpended funds to
Professional Engineer. Professional Engineer shall have no claim of any sort to the unexpended
funds.

COMPENSATION Review by the City of Nashua of Professional Engineer's submitted monthly
invoice forms and progress reports for payment will be promptly accomplished by the City of
Nashua. If there is insufficient information, the City of Nashua may require Professional Engineer
to submit additional information. Unless the City of Nashua, in its sole discretion, decides
otherwise, the City of Nashua shall pay Professional Engineer in full within 30 days of approval
of the submitted monthly invoice forms and progress reports.

COMPLIANCE WITH APPLICABLE LAWS Professional Engineer, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Professional
Engineer shall, throughout the period services are to be performed under this contract, monitor for
any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements, shall
promptly notify the City of Nashua in writing of any changes to the same relating to or affecting
this contract, and shall submit detailed documentation of any effect of the change in terms of both
time and cost of performing the contract.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Professional Engineer agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff, termination, rates of pay, or other forms of compensation and selection for training,
including apprenticeship.

Without limitation of the foregoing, Professional Engineer's attention is directed to “Title 41”’Public
Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to Public
Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal Employment,
Department of Labor” which, by this reference, is incorporated in this contract.

GC 7 of 11

17.

18.

19.

20.

Professional Engineer 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 Professional Engineer under this contract.

In connection with the performance of work under this contract, Professional Engineer agrees not
to discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.

Professional Engineer agrees, if applicable, to insert these provisions in all subcontracts, except for
subcontracts for standard commercial supplies or raw materials. Any violation of any applicable
provision by Professional Engineer shall constitute a material breach of the contract.

ENDORSEMENT Professional Engineer shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Professional Engineer or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Professional Engineer shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer, delegation,
or subcontracting without the prior written consent of the City of Nashua is void. Any consent of
the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only apply to
the incidents expressed and provided for in the written consent and shall not be deemed to be a
consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and written
amendments or modifications. Subject to the foregoing provisions, the contract inures to the benefit
of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Professional Engineer related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, Corporation Counsel, and, if applicable, the Comptroller General of the United
States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Engineer in the performance of its obligations under this contract shall be the exclusive property of
the City of Nashua and all such materials shall be remitted and delivered, at Professional Engineer's
expense, by Professional Engineer to the City of Nashua upon completion, termination, or
cancellation of this contract. Alternatively, if the City of Nashua provides its written approval to
Professional Engineer, any books, reports, studies, photographs, negatives or other documents,
data, drawings or other materials including but not limited to those contained in media of any sort
(e.g., electronic, magnetic, digital) prepared by or supplied to Professional Engineer in the
performance of its obligations under this contract must be retained by Professional Engineer for a
minimum of four years after final payment is made and all other pending matters are closed. If, at
any time during the retention period, the City of Nashua, in writing, requests any or all of the
materials, then Professional Engineer shall promptly remit and deliver the materials, at Professional

GC 8 of 11

21.

22.

23.

Engineer's expense, to the City of Nashua. Professional Engineer shall not use, willingly allow or
cause to have such materials used for any purpose other than the performance of Professional
Engineer's obligations under this contract without the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Engineer expressly agrees that
all documents ever submitted, filed, or deposited with the City of Nashua by Professional Engineer
(including those remitted to the City of Nashua by Professional Engineer pursuant to paragraph
20), unless designated as confidential by a specific statue of the State of New Hampshire, shall be
treated as public records and shall be available for inspection and copying by any person, or any
governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Engineer in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.

Professional Engineer expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Professional Engineer
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to Professional Engineer infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Professional Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute at
its expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the
necessary licenses to use the infringing materials, concepts, products, or processes, provided that
such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Professional Engineer shall
notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Professional Engineer in writing that the whole of the work was completed
on the date indicated in the notice or provide Professional Engineer with a written list of work not
completed. With respect to work listed by the City of Nashua as incomplete, Professional Engineer
shall promptly complete the work and the final acceptance procedure shall be repeated. The date of
final acceptance of a project by the City of Nashua shall be the date upon which the Director of
Economic Development or other designated official accepts and approves the notice of completion.

TAXES Professional Engineer shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Engineer hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and deductions.

GC 9 of 11

24.

25.

26.

27.

28.

29.

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.

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.

PROHIBITED INTERESTS Professional Engineer shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this contract.
Professional Engineer warrants that no officer or employee of the City of Nashua has any direct or
indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in
the business of Professional Engineer. If any such interest comes to the attention of Professional
Engineer at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City of Nashua. Professional Engineer also warrants that it presently has no interest
and that it will not acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required to be performed under this contract. Professional
Engineer further warrants that no person having such an interest shall be employed in the
performance of this contract. If City of Nashua determines that a conflict exists and was not
disclosed to the City of Nashua, it may terminate the contract at will or for cause in accordance
with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City of
Nashua may terminate the contract at will or for cause in accordance with paragraph 8. Upon
termination, Professional Engineer shall refund to the City of Nashua any profits realized under
this contract, and Professional Engineer shall be liable to the City of Nashua for any costs incurred
by the City of Nashua in completing the work described in this contract. At the discretion of the
City of Nashua, these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending or making of any determinations with respect to the performance of this
contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional Engineer,
including any of their respective agents or employees, shall 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 of Nashua
and Professional Engineer.

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.

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

GC 10 of 11

30.

31,

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 of Nashua and Professional Engineer. The parties shall not be bound by
or be liable for any statement, representation, promise, inducement, or understanding of any kind
or nature not set forth in this contract. No changes, amendments, 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 the laws of the State
of New Hampshire and any claim or action brought relating to this contract, the work performed or
contracted to 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 Court—Nashua and not elsewhere.

GC 11 of 11

Exhibit B

Project# 52636.01
Nashua Downtown Riverfront - ENVIRONMENTAL ANALYSIS

Task # Task Name

00100 Prime Wetland Boundary

|00200 Wetland Mitigation

|00300 Stream Assessment

|00400 Rare Species

]00500 Wetland Permit

|o0600 Army Corps SPGP

|00700 AoT Coordination

]00800 NHDHR RPR

|o0900 Cultural Resource Surveys

]01000 Section 106 Coordination

]01100 Permitting Follow On

]01200 Archaeolgical Coordination

01 300 Soil and Groundwater Assessment
]01400 Soil and Groundwater Management Plan

Average Hourly Price Rate
Total Hours
Total Labor Price

Bakos, Greg Cilley, Cynthia Cloutier, Dave

Design
Manager

1
8

24

16
16

$215.00
91
$19,565.00

Sr. CAD

32

40

$125.00
92
$11,500.00

Sr. Water
Resource
Engineer

16
16

$155.00
32
$4,960.00

Fleurat,
Annique
Water
Resource
Engineer

32
24

$145.00
56
$8,120.00

Hooper, Jason

Sr.
Environmental
Engineer

40
$165.00
40
$6,600.00

Lemire, Russ

Engineer

100

$135.00
100
$13,500.00

Martin, Nicole

Envi Scientist

20

$105.00
182
$19,110.00

McSweeney,
Ariana
Cultural
Resource
Specialist

32
110

$105.00
142
$14,910.00

Nahlik, Rene

Sr.
Environmental
Engineer

60
120
$165.00
180
$29,700.00

Pelletier,
Stephanie

GIS Specialist Environmental

14
14
$115.00
84
$9,660.00

Ragalwar,
Rucha

Engineer

44
56
$135.00
100
$13,500.00

Stuart-Knight, Wagner, Walker, Peter
Quinn Christopher
Sr Cultural Sr. Biologist Project
Resource Manager
Specialist
4
16
4
24
16
8 4
50 4
88 16
16
8 4
4
8
$155.00 $205.00 $235.00
154 16 105
$23,870.00 $3,280.00 $24,675.00

Wilkes,
Kristopher
Sr.
Environmental
Scientist
4

12

24

10

$165.00
51
$8,415.00

Total Hours

25
120
52
12
200
12
216
62
172
120
62
12
122
238

1425

ESTIMATED DIRECT EXPENSES $
ALLOWANCE FOR ARCHAEOLOGICAL SUBCONSULTANT (IF NEEDED): $
ALLOWANCE FOR ASBESTOS SUBCONSULTANT (IF NEEDED): $

AMENDMENT TOTAL

$225,365.00

Total Labor
Price

3,615.00
18,600.00 |
7,860.00 |
1,450.00 |
29,000.00 |
1,260.00 |
30,800.00 |
7,810.00 |
21,160.00 |
20,840.00 |
10,950.00 |
2,180.00 |
18,390.00 |
37,450.00 |

211,365.00
4,000.00
5,000.00
5,000.00

REPORT OF THE FINANCE COMMITTEE
JANUARY 19, 2022

A meeting of the Finance Committee was held on Wednesday, January 19, 2022, at 7:00 p.m. in the Aldermanic Chamber
and via Zoom. The meeting link information can be found on the agenda.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Mayor Jim Donchess
Alderman Patricia Klee, Vice Chair
Alderman John Cathey (via Zoom)
Alderman Alex Comeau
Alderman Tyler Gouveia
Alderman Ernest Jette
Alderwoman-at-Large Gloria Timmons

Members not in Attendance:

Also in Attendance: Alderman Derek Thibeault
Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager
Shawn M. Smith, NSD Plant Operations Director
Camille Correa, Transit Administrator
Nick Miseirvitch, ClO, Information Technology

ELECTION OF COMMITTEE CLERK

Mayor Donchess called for nominations for the Committee Clerk for the 2022-2023 term.
ALDERMAN KLEE NOMINATED ALDERMAN JETTE AS THE FINANCE COMMITTEE CLERK

MOTION BY ALDERMAN KLEE TO ELECT ALDERMAN JETTE AS THE FINANCE COMMITTEE CLERK FOR THE
2022-2023 TERM, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Cathey, Alderman Comeau, Alderman Gouveia,
Alderman Jette, Alderwoman Timmons, Mayor Donchess 7

Nay: 0
MOTION CARRIED

PUBLIC COMMENT - None

Mayor Donchess

| wanted to ask the committee about a couple of procedural items. First of all, we have been meeting at 7:00 p.m. for a
long time. | just threw out the question would you prefer to meet earlier — 6 — 6:30? There’s nothing that says exactly
what time we have to meet but if people prefer 7, fine. If you prefer something earlier, you get home a little earlier we
could do that as well.

Alderwoman Timmons

Thank you Mayor. | prefer earlier — 6 o’clock | think is a good time and we can get out earlier. A lot of us work in the
morning and the earlier the better.

Alderman Klee

| hate to be the person of dissention but the truth is that my obligation in the State House right now we would be meeting

Finance Committee — 01/19/2022 Page 2

house wise on Wednesdays, Thursdays and possibly Fridays. So I’m not really for that. | could probably maybe advance
to 6:30 but it could be tight at some times. | cannot go at 6 o'clock.

Mayor Donchess

Allright. So you’re saying because of your House duties 7:00 is really better.
Alderman Klee
Yes.

Mayor Donchess

Well maybe we'll take it up again then once the session is over. | don’t want to inconvenience anybody.

Alderman Comeau

| just wanted to say also initially my thought was that | had no real preference but in looking at my schedule, my son plays
a lot of high school sports that get out around 6 — 6:30 and | like to attend as many of them as possible. So 7 is less of a
conflict with that when he’s still in sports. When there’s no sports, then I’m a lot more flexible.

Mayor Donchess

That’s fine. The tradition has been 7 for many years. With two objections, why don’t we just leave it at 7.

Number two, this is an item that we haven’t really raised before. You see tonight’s a pretty short agenda — four items. We
typically and | suspect tonight, although, I’m not sure, we usually have someone come in on each of these items to give
you more explanation than is in the Memo. Many of the memos are self-explanatory. Now in the years before | was
Mayor, | was on the Board of Aldermen and on the Finance Committee. The position of the Mayor at that time was that
staff members should not be inconvenienced and would not come to the Finance Committee at all. In my years on the
Finance Committee, only once that | recall that any member of the staff ever came in and that had to do with the
committee’s refusal to approve a purchase unless it was equipment and the equipment manager came in. It was kind of a
standoff for about a month but finally that person came in, offered the explanation, and we approved the purchase.

So my policy was the reverse — have someone come in on every contract but | have heard some comments from some of
the Directors that there are a lot of night meetings tends to burn people out coming in once, twice, three times a week and
even if it’s by Zoom. We have Camille of Transit here personally at 7 o’clock. So | wanted — and | don't really have
anything specific other than to ask the open question is if we have items where someone has a question, fine we bring
someone in. If there are items where it seems no one really has an issue, no one really has anything additional to ask
beyond what’s in the memo, would it be possible to forego the Division Director or Department Director coming in to
explain the item?

Now Kelly Parkinson is on, right? Kelly are you here.

Kelly Parkinson, Purchasing Manager

Yes, I’m here.

Mayor Donchess

So Ms. Parkinson is the Purchasing Manager so she’s here no matter what on all items and has a basic explanation about
everything because she’s prepared all this paperwork or has helped prepare it and understands each item. She would
always be here. It’s just like an additional person like in the case of Transit - Camille who is the Transit Director. Her
name is Camille Correa. We always have an additional person come in from the department. My question is what is your
reaction to this dilemma or this issue should we continue to bring people in or can we forego that time and again.

Alderman Klee
We do have three new people on this and obviously Alderman Jette is new to Finance as well. The truth is there are a lot

of questions that get asked at the meeting. | personally think that it’s something we could do on our own homework wise.
| had mentioned to prior to the meeting that if there’s something that you learn, it might be something you want to ask and

Finance Committee — 01/19/2022 Page 3

you could share at the meeting and so on. Unless | think it’s something controversy, | agree because they come here,
and they come to every meeting, and then they come to the Board of Aldermen, and every night our staff are at our
meetings. | agree with you unless others have a severe objection to it.

Alderman Jette

So when | first think about this, it sounds like a good idea. | happened to be watching some other cities councils and
Board of Aldermen and | noticed that some of them — | think it was Manchester. I’m not positive about that but a lot of
these items they have what’s a called a “consent agenda”. So all the items are listed like they are for us. We get
advanced notice of all of these things and in Manchester the Mayor presides over the Board of Aldermen. She says
something to the effect of okay you’ve all seen the consent agenda. Is there any objection to it? If there’s no objection,
they just pass it. They pass all the items at once. If there is an objection, then they take whatever item is objected to,
they take that out and they pass the rest of them and then the one that’s objected to, they treat individually and hear
discussion about it, explanations, or whatever. | thought from the point of view of economy, and efficiency, and time
management, it seems like a good way of doing things.

On the other hand even before | became an Alderman when | would watch meetings, | would be disappointed when things
were dealt with with such haste. | thought to myself gee | have no idea what that was about. What happened there? So
we as Aldermen of course we get to know these things. We become intimate with them, with the details, and of course it
goes before a committee. There’s a committee discussion but if the public just tunes into the one meeting, they're really
not aware. I’m kind of conflicted as to how important is it to inform the public about what we’re doing or is it up to the
public to research it themselves. I’m not sure where | come down on that.

The other thought | had is that most of us on this Committee are new, except for Alderman Klee. We’re kind of feeling our
way through this right now and | don’t know if you’re prepared to do this tonight but it would be good for us to get a little bit
of a primer on what is the Finance Committee, what are our responsibilities, how closely are we supposed to look at these
things? Like the Record of Expenditures for example. It’s a long list of items and we’re brand new to the Committee. We
just got that last week. I’m wondering if it might not be a good idea to give us a couple of meetings to get our feet wet and
get an understanding of what our responsibilities are and revisit this issue after that.

Mayor Donchess

Yes, that’s fine. I’m not trying to cut out discussion. I’m just trying to reach a happy medium between the previous
approach where staff never came, you never met them, and the staff is here on every item. Sometimes these agendas
are fairly long. Maybe we should follow Alderman Jette’s suggestion and go through a couple of meetings so you can get
a sense of what’s going on.

Alderman Klee

Thank you Mr. Mayor. Alderman Jette can | ask, that wasn’t at a Finance Committee was it that they did a consensus?
Alderman Jette

It was the full board.

Alderman Klee

The full board, yes. In the State House if something passes a committee no less than one dissenting — well actually two
dissenting, it can go onto what we call the “committee of conference” or just, I’m sorry, the consent calendar and then we
just do one vote. That’s because we have thousands. | would not want to do that because this is where all the work
should be done. | would never want to see it happen here. I’m not even sure I'd want to see it happen on a Board of
Aldermen simply because | think that we’re only 5 or 6 versus 15. | think especially with the new Board. | agree that
maybe at the beginning we should bring the staff on but | think just like the 7 or 6:30 type thing, maybe revisit it in a six

month period or something when people feel a little bit more comfortable.

Mayor Donchess

Now in terms of what is the Finance Committee. So most cites don’t have Finance Committees. These are all budgeted
items. So there’s money behind all of this, right. So all the department is doing is spending money according to the
budget. So in most cities, the departments have the right to just proceed given that they’ve already been appropriated the
money to do these things. In the Nashua City Charter, there is a requirement that the Finance Committee — and this is a

Finance Committee — 01/19/2022 Page 4

Charter mandated committee — the Charter requires that the Finance Committee approve city contracts. So all of the
contracts that the city enters above $25,000 will come to you for approval — come to us for approval. At certain times if a
contract gets amended if it carries a certain financial increase, it will come in front of you as well or you may receive a
memo saying we amended this contract in such and such a way but it didn’t have a significant financial impact. That’s the
basic role of the committee. You'll see tonight that we have a few different purchases on the agenda.

Does anybody have any questions about any of this?

Alderman Jette

| didn’t Know if you were recognizing Alderman Comeau or not. So we’re just — these items are pursuant to some other
authorization from the budget or from vote of the Board of Aldermen. All we’re doing is just approving the Purchasing

Department’s seeking authorization to do what the Aldermen have already told them to do?

Mayor Donchess

Basically yes. For example, the first item this backhoe. You see where it’s part of the CERF. CERF Is a list of equipment
purchases that the Board of Aldermen has approved for the year. CERF means capital equipment reserve fund. So this
specific piece of equipment was in the budget and now we’re being asked to authorize the department — being the School
Department — to go forward and do the purchase.

Sometimes it’s less specifically identified in a budget. For example, the next one — well that’s part of a capital project so
we approve — this is a grant funded with a local match transit building improvement. This is one of the items and we are
being asked to approve this within that transit construction project. Sometimes like at the Wastewater Treatment Plant, a
pump needs to be replaced but it might be in the budget as just in a more general way. Equipment replacement or
something like that. Why don’t we learn by example as opposed to trying to come up with all the permutations?
COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: Caterpillar Backhoe Loader in the amount not to exceed $123,900 funded from 81500 Vehicles/CERF (School
District)

MOTION BY ALDERMAN JETTE TO ACCEPT, PLACE ON FILE AND APPROVE THE PURCHASE OF A 2022
CATERPILLAR 420XE 4-WHEEL DRIVE BACKHOE LOADER IN THE AMOUNT OF $123,900, WHICH INCLUDES
THE TRADE-IN VALUE OF THE 2005 NEW HOLLARD BACKHOE. FUNDING THROUGH DEPARTMENT: 191
SCHOOL DEPARTMENT; FUND: 81500 VEHICLES/CERF, BY ROLL CALL

ON THE QUESTION

Shawn Smith, NSD Plant Operations Director

To your early comments about Directors being out at night time, I’m happy to be out anytime particularly when I’m asking
for $123,000. It’s part of doing the job if we need it to explain things to the city fathers and mothers to get things passed,
then that’s what we do.

Long story short, we have a 2005 backhoe that’s seen much, much better days. It’s (inaudible) we’ve had it for thousands
of dollars into it the last couple of years. We did look at alternative backhoes, alternative manufacturers but at the end of
the day, | wanted to get a vehicle that | knew that Public Works could maintain. They have also standardized on
Caterpillar and they do most of our maintenance for us. They actually suggest that | check with Sourcewell, which is the
nationwide consortium for purchasing this sort of thing. We actually got the best price out of them. | request that you
approve this purchase.

Alderman Comeau

| just wanted to say that | was fortunate enough to have seen Mr. Smith do much longer piece of testimony to the Board of
Education when they approved this. | agree with pretty much everything he just said that the idea of standardizing the
equipment so that Public Works can do maintenance on it with similar tools and parts to the equipment they already have
makes a lot of sense. | think like most people you get to a point with your personal vehicle where you realize that it’s
costing you more to maintain and repair it than it would be to just upgrade it. Based on maintenance records over the last
couple of years, | think that it does make a lot of sense to go ahead and make this upgrade.