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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 ail
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 Conirol Officer or Nashua Police Department:

e HSFN 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;

@ HSFN will retain confirmatory proof of notification of the owner;

e HSFN will verify Rabies vaccinations for post-quarantine animals;

e Provide impounded animals with adequate food, water and shelter;

7, HSEN 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, 2020 and complete all functions
required in a timely, professional and competent manner. This Agreement will expire on
June 30, 2021.

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 ail coniract-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 night 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

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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.

The Executive Director and/or the designated Directors of the HSFN shall meet with the
following City staff at least two (2) times per year to review the monthly reports and contract
deliverables: Director of the Division of Public Health and Community Services, Health Officer,
Animal Control Officer, Chief of Police or designee, and Finance Manager for the Division of
Public Health and Community Services.

CITY INSPECTION OF PLACE OF PERFORMANCE AND CONTRACT MATERIALS

The Contractor’s Place of Performance shall be subject to inspection and compliance with the
City of Nashua’s Revised Ordinance 93-3, Keeping and Housing Animals. This shall
include: the location, construction, erection and sanitary condition of all structures used in
the fulfillment of the Scope of Services of this Agreement. In accordance with NRO 93-3,
the Contractor shall submit any plans to the Board of Health before any building used in
the keeping and housing of animals under this Agreement shall be constructed, altered,
extended or moved.

The books, records, documents and accounting procedures and practices of the Contractor related
to this contract shall be subject to inspection, examination and audit by the City, including, but
not limited to, the contracting agency and Corporation Counsel.

The City will provide at least 48 hours notice of inspection.

SUBCONTRACTORS

The Contractor may, at his/her discretion and at his/her own expense, employ such
subcontractors as may be necessary for the performance of work. The Contractor agrees to pay
any wages, taxes, unemployment insurance, withholding taxes, and workers’ compensation
insurance required by law for subcontractors. Said subcontractors will not be paid or supervised
by the City. The Contractor shall provide the City with prior notice of the Contractor’s intent to
employ subcontractors to perform any services required by this Agreement. The City shall have
the right to reject any subcontractors for good cause. Prior approval by the City of a
subcontractor is not required in emergency situations,

INSURANCE

The Contractor agrees to provide his/her own workers’ compensation and liability insurance for
work performed, naming the City as additional insured. The contractor must maintain required
limits of coverage for the duration of the contract/project.

Prior to commencement with the project, the selected agency/individual will be required to
provide proof of insurance, ten (10) days prior to commencing work under the contract document
and wili notify the City of any changes in coverage or change of carrier should they deviate from
the following:

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- Comprehensive General Liability - $1,000,000 per occurrence/$2,000,000 aggregate -
City of Nashua must be named as an additional insured.

- Workers’ Compensation by a Class A Carrier as required by statute/Employers' Liability
of $500,000/$500,000/$500,000.

Contractor shall maintain for the duration of the contract all required insurance coverage.
Coverage must be written with an insurance carrier licensed to do business in the State of New
Hampshire. City of Nashua requires thirty (30) days written notice of cancellation or material
change in coverage.

Contractor is responsible for filing updated Certificates of Insurance with the City of Nashua
Risk Management Department during the life of the contract. A copy of the current Certificates
of Insurance must be submitted to the Director of the City of Nashua’s Division of Public Health
and Community Services within thirty (30) days of the signing of the Agreement.

Regardless of the coverage provided by any insurance, the Contractor agrees to indemnify and
shall defend and hold harmless the City, its agents, officials, employees and authorized
representatives and their employees from and against any and all suits, causes of action, legal or
administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,
attorneys’ 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 the Contractor or of anyone acting under its direction
or control or on its behalf in connection with or incidental to the performance of this
contract. The Contractor's indemnity, defense 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. The City agrees to indemnify, defend and hold harmless the
Contractor, its agents, officials, employees and authorized representatives and their employees
from and against any and all suits, causes of action, legal or administrative proceedings,
arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of
any kind or nature resulting or arising from the City’s, its agents’ or representatives’ sole
negligence or willful conduct.

COMPLIANCE WITH APPLICABLE LAWS

The Contractor, 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 state and local laws and
requirements regarding the impoundment and quarantining of animals, federal, state, and local
accounting procedures and requirements, all immigration and naturalization laws, and the
Americans With Disabilities Act. The Contractor 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 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.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

This contract constitutes the entire contract between the City and the Contractor. 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.

In the event that any current law, regulation, or ordinance, either local or state, is amended,
rescinded, newly enforced or enacted which affects this Agreement, the parties shall, in good
faith, amend this Agreement in order to be in compliance with said Legislative changes. If said
changes cause an increase in fees or costs by either party, the parties in good faith shall amend
this Agreement to reflect the treatment of said fees or costs.

INDEPENDENT CONTRACTOR

The Contractor agrees that HSFN is completely independent from the City and is not an
employee of the City. The Contractor warrants that HSFN may work for other individuals and/or
entities.

CHOICE OF LAW AND VENUE
This Agreement shall be governed exclusively by the laws of the State of New Hampshire and

any litigation regarding the interpretation or enforcement of this Agreement shall only be
brought in a court located in the State of New Hampshire.

Douglas Barry, Executive Director James Donchess, Mayor
Humane Society for Greater Nashua Corporation City of Nashua, NH
Date Date

REPORT OF THE FINANCE COMMITTEE

JUNE 17, 2020
A meeting of the Finance Committee was held on Wednesday, June 17, 2020, at 7:00 p.m. via teleconference.

Mayor Jim Donchess, Chairman, presided.

Mayor Donchess

As Chairman of the Finance Committee, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency Order
#12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governor's Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

a) Providing public access to the meeting by telephone, with additional access possibilities by
video or other electronic means:

We are utilizing Zoom through the City’s IT Department for this electronic meeting. All members of
the Finance Committee have the ability to communicate contemporaneously during this meeting
through this platform, and the public has access to contemporaneously listen in to this meeting
through dialing the following number 1-978-990-5298 and using the password 273974. The Public
may also view this meeting on Comcast Channel 16.

b) Providing public notice of the necessary information for accessing the meeting:

We previously gave notice to the public of the necessary information for accessing the meeting, through
public postings. Instructions have also been provided on the City of Nashua’s website at
www.nashuanh.gov and publicly noticed at City Hall and Public Health Department.

c) Providing a mechanism for the public to alert the public body during the meeting if there are
problems with access:

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and
they will help you connect.

d) Adjourning the meeting if the public is unable to access the meeting:

In the event the public is unable to access the meeting via the methods mentioned above, the meeting
will be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be
done by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under the
Right-To-Know Law.

Finance Committee - 06/17/2020 Page 2

The roll call was taken with 5 members of the Finance Committee present: Alderman Patricia Klee, Alderman
Linda Harriott-Gathright, Alderwoman Shoshanna Kelly, Alderman Brandon Michael Laws, Alderman Michael
B. O’Brien, Sr. Mayor Donchess, Chair of Finance was present. Alderwoman Elizabeth Lu was recorded
present after roll call.

Also in Attendance: John Griffin, CFO/Comptroller
Dan Kooken, Purchasing Manager
David Fredette, Treasurer/Tax Collector
Kim Kleiner, Administrative Services Director

Alderman Klee

Here, | am at home social distancing. My husband is walking around feeding the dogs so you may see him.
But beyond that, | will be alone.

Alderman Harriott-Gathright

| am in this room alone, | am at home, | can hear you and | am practicing social distancing.
Alderwoman Kelly

| am here, | am alone, | can hear everyone and | am practicing social distancing.
Alderman Laws

| am here, | can hear everyone, | am alone and | am practicing social distancing.
Alderman O’Brien

| am here, | can hear the proceedings, | am alone and | am practicing social distancing.

Mayor Donchess

Yes, thank you. | am practicing social distancing, of course, | am present and | am alone here in the living
room. Alright, let’s go to -— we have 6 members, | think we also have Alderman Cleaver as an attendee, that is
the only other Alderman | see. We have, of course, City Staff attending.

COMMUNICATIONS

From: Mayor Jim Donchess
Re: Emergency PO Request - $55,700 for Barriers Downtown to Weaver Bros. Const. Co., Inc.

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND APPROVE THE
EMERENCY PO REQUEST FOR BARRIERS DOWNTOWN IN THE AMOUNT OF $55,700 TO WEAVER
BROS. CONST. CO., INC., BY ROLL CALL

ON THE QUESTION

Mayor Donchess

Any questions or discussion? Alderwoman Klee.

Finance Committee - 06/17/2020 Page 3
Alderman Klee

Thank you. This was for the initial onset of the narrowing of downtown or is this the additional changes that
have had to be made?

Mayor Donchess
Both.
Alderman Klee

Both? Ok so it is in total is $55,700.00 and when we went out to bid, we had them as high as $104,000.00 is
that correct, what | am seeing here?

Mayor Donchess

That’s is correct.

Alderman Klee

Thank you, that was just my question, | wanted to clarify that.
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Harriott-Gathright, Alderwoman Kelly,
Alderman Laws, Alderman O’Brien, Mayor Donchess 6

Nay: 0
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: FY21 Purchase of Polymer from Polydyne (Value: $412,000) Department: 169 Wastewater; Fund:
Wastewater

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND AUTHORIZE THE
FY21 PURCHASE OF PLYMER IN THE AMOUNT OF $412,000 TO POLYDYNE. FUNDING THROUGH
DEPARTMENT 169: WASTEWATER; FUND: WASTEWATER, BY ROLL CALL

ON THE QUESTION

Mayor Donchess

And Mr. Boucher is here to explain this item.

David Boucher, Wastewater Superintendent

Yes, this item is for the annual purchase of a chemical polymer used in two different processes at the
Wastewater Plant. It is used to thicken sludge and separate water. This is the company we used last year and
they are willing to hold their cost through Fiscal Year ’21. It is a product that’s worked very well for us, so we
like to continue to use it.

Finance Committee - 06/17/2020 Page 4
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Harriott-Gathright, Alderwoman Kelly,
Alderman Laws, Alderman O’Brien, Mayor Donchess 6

Nay: 0
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of NPD Hazard Device Unit ScanX Digital X-Ray System (Value: $30,523) Department: 150
Police; Fund: Justice Assistance Grant $5,388 and General Fund $25,135

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND AUTHORIZE THE
PURCHASE OF NPD HAZARD DEVICE UNIT SCANX DIGITAL XRAY SYSTEM IN THE AMOUNT OF
$30,523 TO SCANNA MSC, INC. FUNDING THROUGH DEPARTMENT: 150 POLICE; FUND: JUSTICE
ASSISTANCE GRANT $25,235.00 AND GENERAL FUND $5,388.00, BY ROLL CALL

ON THE QUESTION

Mayor Donchess

Now | think Ms. Smith is here, maybe someone else from the PD just to explain this.

Captain Paulson

Good evening, Mayor. Captain Paulson of the Nashua Police Department, sitting in my office, alone, practicing
social distancing this evening.

Mayor Donchess

Thank you for joining us.

Captain Paulson

It’s a pleasure to be here, thank you. The purchase is to replace an aging and no longer supported digital x-
ray system. The model and proposal that you have before you is the current standard in the explosive industry
| should say. In our attempts to avoid any explosions going off that is the prescribed piece of equipment for us
to be able to carry out our mission. It’s sole source funded item and just as a point the funds are reversed
between the Justice Assistant Grant and the General Fund. Actually the Grant is going to pay the $25,135.00
and the Police Fund would be the $5,388.00 amount.

Mayor Donchess

Thank you for clarifying that. So if you find something that may be an explosive device you use this to
determine whether it is or not, | take it.

Captain Paulson

Correct, it is an x-ray source. It is a standard piece of equipment for any accredited bomb squad through the
Federal Bureau of Investigation and it is one of our primary tools for diagnosis.

Mayor Donchess

Alderwoman Klee.

Finance Committee - 06/17/2020 Page 5

Alderman Klee

Thank you, Mr. Mayor. If | may ask, obviously it is only going to cost the City $5,388.00 and the grant will take
care of the over $25,000.00 so it seems like an obvious that we should get it. But my question is, how often
have we used something like this that we have to go and x-ray something here in Nashua or is it more often
that we are kind of going out to other communities?

Captain Paulson

Alderwoman Klee, thank you. It is mixed use as far as our response. As you know, there are only two bomb
squads in the State of New Hampshire; ourselves and State Police. We have the technology and the
accreditation through the FBI that if we were requested, we will respond out to assist. On nearly every run that
we make, an x-ray is utilized, in the performance of our duties. To give you an idea, our current x-ray system
we have had in inventory since 2005 which was also a grant purchase. There is longevity in our equipment,
typically, unless there is some type of catastrophic failure which we hope to avoid. But other than that, it
should be around for a good, long time.

Alderman Klee

Thank you. May | follow up one more question, Mr. Mayor.

Mayor Donchess

Yes.

Alderman Klee

Thank you. So have we had to use anything like this in Nashua? | guess | am just curious as to —| am glad we

are certified, | am glad that we are doing outsourcing and so on. But | was curious if we have ever had to use it
here in the City in the past couple of years?

Captain Paulson

Yes, Ma’am. | am not, off the top of my head, | am not sure how many calls for service we get per year. It is
usually 10 to 15, if we took an average. And nearly ever call for service, we use that piece of equipment. | will
tell you that on Monday evening, we were requested for mutual aid out in Milford for what was described as a
Civil War Era cannonball. We probably took 12 different x-rays that evening.

Alderman Klee

Thank you very much.

Captain Paulson

You're welcome.

Alderwoman Lu

I’d just like to let you know that I’m in the meeting. Elizabeth Lu.

Mayor Donchess

Yes, thank you. So the record should reflect the fact that Alderwoman Lu has joined the meeting. Alderman
Laws?