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Finance Committee — 08/04/2021 Page 21

liability report based on workers' comp, and slip and falls, and employee issues but the third area that we have
risk exposure is our lawsuits or pending lawsuits and | didn't realize that that was held separately by the Legal
office. | have never seen any reporting on those risks and the number of suits we have running in Legal. Now
| wrote a letter to the Budget Committee and you were cc'd on it Mr. Mayor today to ask a few questions about
it and then request if there was a report that they provided to me. | got a response back from Rick Dowd telling
me to this question is best answered by Legal and any Right-To-Know requests gets referred to Legal. | let
him know that | was confused by that because | was told to go to departments. But that also | had questions in
my e-mail and Legal isn't responsible for answering questions.

Well, tonight, while you're sitting in this meeting, Attorney Bolton puts out one of his punch in the face e-mails
that says, “the Legal Department represents the city and provides advice only to city officials and employees
regarding the city matters. Please do not ever advise anyone other than a city official or employee to contact
us with questions. Please know many, many Right-To-Know requests are not referred to the Legal
Department.” Well, obviously he's giving a reprimand to Rick Dowd who clearly didn't know it wasn't supposed
to be referred there and | think you're right to no training and understanding of what your departments are
supposed to do is unclear. | spoke to a department this week that said to me, of course, you know | have to
bring this through Legal. So | don't know what you're doing, but this e-mail - and | don't know if Attorney Bolton
is there but I'm sure his ego is - it fills a room no matter where he is. | think it's obnoxious to write this. Handle
that privately and train your people because they don't know. | forwarded it, the e-mail, to Attorney Bolton as a
Right-To-Know but then told the committee I'm asking questions and | feel the questions are yours to answer.

| wrote an e-mail to you maybe three weeks ago asking you to help me clarify what are the channels I'm
supposed to use to get information? | received nothing. These types of scolding e-mails from your legal office
are obnoxious. You really need a new Corporation Counsel. There's no - and | will tell you, | have called legal
offices around the State. | have worked with legal offices to get Right-To-Know information and
Attorneys...guess what you can call them and get...

Mayor Donchess

Ms. Ortolano we limit these...Ms. Ortolano. Sorry but we limit the public comment to 3 minutes and we’re way
over that right now. So could you just conclude, please?

Laurie Ortolano

Give me 30 more seconds because you didn't give me a warning like you usually do. So yes | can limit my
time and | will.

Mayor Donchess

Thirty seconds. Go ahead, 30 seconds.
Laurie Ortolano

Thank you. | will let you know that other legal offices around the State as well as the Attorney General's office,
the Department of Revenue legal office will take my phone call, work with me, answer questions, and help me
understand how data is stored and maintained in their facilities to fill a Right-To-Know request. Your Legal
office refuses to do that thereby driving up the cost not only for all taxpayers. It's obnoxious. You need to
dump Attorney Bolton and find somebody who wants to do that job as Corporation Counsel. Thank you.

Mayor Donchess

All right. Any other member of the public want to address the committee? If not, we're going to remarks by
Alderman. Any alderman wish to make remarks. Alderwoman Lu

REMARKS BY THE ALDERMEN

Finance Committee — 08/04/2021 Page 22
Alderwoman Lu

Thank you. | just wanted to propose something because this committee regularly votes on several contracts at
a meeting. I'm proposing that we be provided a quarterly report of the contracts that are due to expire and be
renewed. That would allow members of this committee and the full Board of Alderman to a more effective
timeframe so that we can become informed and of the terms of the current contract, and consider the record of
service, the costs, and any changes that are proposed in a contracted renewal. Thank you.

Alderman O’Brien

| really would like to know exactly what Alderman Lu is talking about. From what I've seen on some of the
contracts and some of the things, and let's say they could be at myriad of stuff. | am not really qualified to look
at a bulldozer to say which is the best bulldozer to operate at a landfill and | recognize that the director of the
landfill is quite capable to know what size bulldozer was needed. So we do within the packets get it and it's
been approved in the budget process. So | just don't understand. Is it you want that information to counteract
what the director is requesting for a bulldozer in the example?

Alderwoman Lu

Would you like me to respond?

Mayor Donchess

Sure.
Alderwoman Lu

No. | may not have been as clear as | should have been. | to some extent | believe that when | vote on a
contract | should familiarize myself with what it is I'm saying yes to and my only thought is if we knew that you
know in the next quarter you know these 15 contracts are going to expire and probably be, you know, and have
to what | had thought was regularly occurring service, that if we don't renew it, then we'll have to find someone
new. It just gives a little bit of a heads-up. If | find one is particularly confusing or of interest to me, or if I'll
want to know well - | find, you know, | don't know something about what we do contract, then | can do some
upfront informing myself ahead of the four day timeframe or four to five day timeframe when I'll know about,
say six contracts that are being renewed. Does that not seem reasonable?

| don't mean that | want a guarantee of what contracts will be coming up. | simply mean if from March to June
we've got, you know, sometimes, you know, sometimes we have six contracts in one meeting. Not often but
sometimes there are three and other items to look into and | just think it would be nice. | know that I'm sure
city hall knows when contracts, you know, has a ticker to know when contracts are coming due, just so that I'll
know that if | want to look into what the current contract is and better review the contract I'll be voting on that I'll
have, you know, maybe two or three months to look at that, or maybe one month. That's all.

Alderman O’Brien

I'm good. Thank you.

Mayor Donchess

Any other remarks by alderman?

NON-PUBLIC SESSION - None

ADJOURNMENT

Finance Committee — 08/04/2021 Page 23
MOTION BY ALDERMAN KLEE TO ADJOURN

Mayor Donchess

All those in favor of the motion, say, aye. Opposed. Motion passes.

MOTION CARRIED

The Finance Committee meeting was adjourned at 8:04 p.m.

Alderman-at-Large Michael B. O’Brien, Sr.
Committee Clerk

FINANCE COMMITTEE
AUGUST 4, 2021
7:00 PM Aldermanic Chamber and Zoom

To Join Zoom meeting: https://usO2web.zoom. us/j/87364 141363 ?pwd=bTdhcnpJOG9qZz dGemNOR3dPMON3dz09
Meeting ID: 8736414 1363 Passcode: 511707

To Join by Telephone: 1-929-205-6099
Meeting ID: 873 6414 1363 Passcode: 511707

If there is a problem with the audio, please dial 603-589-3329 to advise.

ROLL CALL
PUBLIC COMMENT
COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager

Re: Animal Impoundment and Quarantine Services for Rabies Control, in the amount not to exceed
$99,081 funded from accounts 56214 Humane Society - Animal Control (Division of Public Health &
Community Services)

From: Kelly Parkinson, Purchasing Manager
Re: Billboard Advertising in the amount not to exceed $40,295 funded from accounts
Grants/61250 Marketing & Promotion (Division of Public Health and Community Services)

From: Kelly Parkinson, Purchasing Manager
Re: Protective Clothing in the amount not to exceed $34,380.50 funded from accounts 61110
Protective Clothing (Nashua Police Department)

From: Kelly Parkinson, Purchasing Manager
Re: Ammunition and Supplies in the amount not to exceed $75,107.59 funded from accounts
61121 Ammunition & Supplies (Nashua Police Department)

From: Kelly Parkinson, Purchasing Manager

Re: 22 Month Contract to Install and Monitor 4 Flow Meters within the Wastewater
Collection System in the amount not to exceed $61,200 funded from accounts 53107
Architect & Engineering Services (Wastewater)

From: Kelly Parkinson, Purchasing Manager
Re: Construction Engineering for Phase 2 of the Pump Station Upgrade Project in the amount not to
exceed $427,600 funded from accounts 81 700 Infrastructure Improvements (Wastewater)

From: Kelly Parkinson, Purchasing Manager
Re: Construction for Phase 2 of the Pump Station Upgrade Project in the amount not to exceed
$5,335,200 funded from accounts SRF Loan/81 700 Infrastructure Improvements (Wastewater)

From: Kelly Parkinson, Purchasing Manager
Re: Blower Fan Installation at the Wastewater Blower Building in the amount not to exceed
$29,400 funded from accounts 81200 Buildings & Improvements (Wastewater)

From: Kelly Parkinson, Purchasing Manager
Re: Change Order for City Hall Renovation (Administrative Services)

From: Kelly Parkinson, Purchasing Manager
Re: Change Order for Variable Frequency Drives (Wastewater)

UNFINISHED BUSINESS

NEW BUSINESS — RESOLUTIONS
NEW BUSINESS — ORDINANCES
RECORD OF EXPENDITURES
GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN
NON-PUBLIC SESSION

ADJOURNMENT

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

July 13, 2021
Memo #22-149

TO: Mayor Donchess
Finance Committee

SUBJECT: Animal Impoundment and Quarantine Services for Rabies Control, in the amount not to
exceed $99,081 funded from accounts 56214 Humane Society - Animal Control

Please see attached communications from Bobbie Bagley, Director of Division of Public Health &
Community Services, dated July 12, 2021 for project specific details related to this purchase. Below please
find a summary of the purchase approval request:

Item: Animal Impoundment and Quarantine Services for Rabies Control
Value: $99,081
Vendor: Humane Society of Greater Nashua

Department: 109 Civic and Community Activities
Source Fund: 56214 Humane Society - Animal Control

Ordinance: Pursuant to § 5-84 Special purchase procedures. A(7) Purchases under extensions
of contracts when no price increase exceeds 10% per year.

The Division of Public Health and Community Services: Community Services Department, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: B Bagley
J Graziano

THE CITY OF NASHUA

Division of Public Health and Community Services

Community Services Department

July 12, 2021

To: John Griffin, CFO; Kelly Parkinson, Purchasing Manager
From: Bobbie D Bagley, Director

Subject: Renewal of Humane Society Contract for FY22

The Humane Society for Greater Nashua Corporation (HSFN) has provided
shelter, pound, isolation, and quarantine services for the City of Nashua
and has provided these services for over 21 years.

Nashua Revised Ordinances section 93-7 states, “The Mayor, with the
assistance and cooperation of the Dog Officer, shall select a suitable
place of confinement for impounded animals and those held under suspicion
of rabies and after biting.” HSFN has a proven record of providing
impoundment and quarantine services, has the facility space to
accommodate the needs of the City of Nashua’s Pound, and HSFN staff has
worked closely with City staff throughout the years to develop sound
policies and procedures to adequately provide efficient and effective
methods of handling impoundment and quarantine services.

The Division of Public Health and Community Services, Environmental
Health Department and the Nashua Police Department Animal Control Officer
work closely with HSFN and oversee the contract deliverables and
communications with HSEN.

The attached contract is effective July 1, 2021 through June 30, 2022
in the amount of $99,081, to be paid in equal monthly installments.
Services include shelter for dogs, cats, rabbits and various other small
animals, adoption of stray animals, veterinary services for stray animals
surrendered to the HSFN, owner location of stray animals, quarantine of
unvaccinated dogs and cats which have bit a human or another animal, and
processing of animals found to be positive for rabies.

In accordance with § 5-84 A (4) Special Purchasing Procedures for Sole
Source Procurements, the Division of Public Health recommends that the
contract with HSFN located at 24 Ferry Road, Nashua, NH, be renewed for
an additional year.

229 Main Street * Nashua, New Hampshire 03060 « Phone (603) 589-3307 * Fax (603)
594-3434

AGREEMENT
Humane Society for Greater Nashua Corporation and the City of Nashua, NH

AGREEMENT made this day of . 2021 by and between the City of
Nashua, New Hampshire (hereinafter “City”), a municipal corporation with a principal place of
business at 229 Main Street, Nashua, New Hampshire 03061 (the “‘City”) and Humane Society for
Greater Nashua Corporation (HSFN) of 24 Ferry Road, Nashua, NH, 03064, (hereinafter
“Contractor”) (collectively referred to as the “Parties”). The Parties hereby enter into this Independent
Contractor Agreement (hereinafter ““Agreement”) under the terms and conditions set forth below.

SCOPE OF SERVICES
The Contractor agrees to perform the following services for the City:

The Humane Society for Greater Nashua Corporation shall be the designated “Pound” for the City of
Nashua, NH and will be responsible for animal impoundment services to the City of Nashua, NH as

outlined in this Scope of Services.

1. The HSFN will provide the following impoundment and quarantine services for animals
impounded by the Animal Control Officer or a Nashua Police Officer:
10-Day Bite Quarantine of canines (stray and owned);
10-Day Bite Quarantine of owned felines;
10-Day Bite Quarantine of owned ferrets;
7-Day Impoundment of stray canines;
Impoundment of stray felines for those with permanent ID only
Impoundment of stray ferrets for those with permanent ID only

Chickens found running at large

2. In accordance with RSA 466:18-a, and Nashua Revised Ordinances 93-6 Impoundment of
dogs, cats and ferrets found at large, HSFN will become the lawful owner of any unclaimed

animals as follows:

Canines— After 7 days

Felines— Immediately if no permanent identification is found

Felines— After 7 days if permanent identification was found, but the animal remained
unclaimed

Ferrets— Immediately if no permanent identification is found

Ferrets-- After 7 days if permanent identification was found, but the animal remained
unclaimed

Chickens — Immediately if no permanent identification was found

The HSFN shall be responsible for the care of any animal of which it becomes the lawful owner.

3. The HSFN shall provide 24/7 access to the facilities to the Animal Control Officer and/or
officers of the Nashua Police Department.

4. In accordance with Nashua Revised Ordinances Chapter 93-6 Impoundment of dogs. cats and
ferrets found at large, the Contractor will post a monthly listing of all strays available for
adoption on the HSFN website.

5. In accordance with State of New Hampshire Law, no wildlife of any kind will be accepted
into the shelter living or dead.

6. HSFN will be required to provide the following services for any animal subject to
impoundment from the Animal Control Officer or Nashua Police Department:

HSEN will maintain records of all animals accepted at the shelter;

e If contact information is provided, HSFN will be responsible for notifying by telephone,
text, email, fax or postal mail, within a reasonable time period not to exceed 24 hours, the
owners of all animals brought to the shelter by the Animal Control Officer or Nashua
Police Officers;

HSEN will retain confirmatory proof of notification of the owner;
HSEN will verify Rabies vaccinations for post-quarantine animals;
Provide impounded animals with adequate food, water and shelter;

7. HSFN will provide, or ensure provision and payment of, all rabies-related services for
canines, felines and ferrets for the City of Nashua impounded by the Animal Control Officer
or a Nashua Police Officer only, in accordance with RSA 436 Rabies Control.

8. HSEN will ensure the proper handling of any remains of animals that have been prepared
for rabies testing.

9. HSFN will provide a copy of Post Bite Veterinarian Reports to the Nashua Environmental
Health Department within 48 hours of veterinarian exam for animals
impounded/quarantined at HSFN. Post Bite reports may be submitted by postal mail or
electronically to EH(@NashuaNH.Gov.

CITY RESPONSIBILITIES

The City of Nashua will be responsible for the oversight of the Contract with the Humane Society for
Greater Nashua and will work with HSFN to develop service procedures including but not limited to:
animal impoundment procedures; rabies protocols; provide coverage of Animal Control Officer
responsibilities during times that the ACO is not available; assist the HSFN with owner-identification
and notification; cooperate with NH Fish & Game for the handling of wild or feral animals; the ACO
will obtain, become trained in the use of, and utilize a microchip scanner to determine if an animal is
owned or stray; and will pay $50.00 each for the replacement of facility keys lost by the Animal
Control Officer or Nashua Police Department employees. The City will not impose any adoption
criteria to be used as HSFN has policies and procedures in place regarding adoption of animals.
No obviously sick or injured animals will be deposited at HSFN by any city agent.

PLACE OF PERFORMANCE

The work described above shall be performed at Humane Society for Greater Nashua Corporation,
24 Ferry Road, Nashua, NH 03064 or in Humane Society approved foster families or facilities.

TIME PERIOD

The Contractor agrees to commence work on July 1, 2021 and complete all functions required in a
timely, professional and competent manner. This Agreement will expire on June 30, 2022.

TERMINATION CLAUSES

The City or Contractor can terminate this Agreement, with a 90-day written notice. The City will pay
the Contractor a prorated amount for all services performed up to that date. The City is entitled to all
contract-related notes, drafts and documents produced by the Contractor up to that date.

PAYMENT FOR SERVICES
The Contractor will be paid as follows:

The Contractor will be paid in monthly increments of $8,256.75. Payment will be made through the
City payment system. Total contract amount for program expenses cannot exceed $99,081.00.

REPORTING

The City shall not supervise or directly control the work of the Contractor. The City does reserve
the right to inspect the work being performed. The Contractor shall have the ultimate authority to
determine the hours of work, the length of workdays, the means and methods of performance of
the work, and the City shall not interfere in this regard.

The designated City Representative for this Agreement is the Director of Public Health and
Community Services. All notices, project materials, requests by Contractor, invoice forms,
monthly reports, and any other communication about the contract, shall be addressed or be
delivered to the City Representative.

The City of Nashua’s Health Officer and Animal Control Officer both have Statutory Authority
over the Impoundment and Quarantine activities within the City of Nashua. By signing this
Agreement, the Contractor agrees to abide by the Statutory Authority granted the Health Officer
and the Animal Control Officer under NH RSA 436 and 466, as well as by the Nashua Revised
Ordinances, Chapter 93, Animals.

All concerns regarding this Agreement and the Scope of Services described within this Agreement
shall first be directed to the Division of Public Health and Community Services Director. The
Director shall bring forward any concerns to the appropriate City department or City Official.

The Contractor shall submit by e-mail, an electronic copy of the required Impoundment &
Quarantine Monthly Report to the Division of Public Health and Community Services Director.