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RESOLUTION R-22-029

Ifa loan is obtained:

The Mayor of the City of Nashua is hereby authorized on behalf the City of Nashua to
file an application for a loan to be made in accordance with New Hampshire Code of
Administrative Rules Chapter Env-Wq 500. If such loan is made the City of Nashua agrees to
repay the loan as stipulated in the loan agreement.

The Treasurer for the City of Nashua is hereby designated as authorized representative of
the City of Nashua for the purpose of furnishing such information, data and documents
pertaining to the City of Nashua for the loan as may be required, and otherwise to act as the
authorized representative of the City of Nashua in connection with this application and take such
other actions as may be necessary to enable the City of Nashua to qualify for the loan.

RESOLVED FURTHER that the Mayor is authorized to enter into the required contracts
therefore as well as any amendments to be made thereto or any other documentation necessary
for the receipt of said funds.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-029
PURPOSE: Authorizing the Mayor and City Treasurer to borrow an

amount not to exceed Six Million Nine Hundred Thousand
Dollars ($6,900,000) through the issuance of bonds and/or a
loan through the New Hampshire Department of
Environmental Services State Revolving Loan Fund for the
Wastewater Treatment Plant Dry Well Valve Replacement

Project
ENDORSERS: Mayor Jim Donchess
COMMITTEE Budget Review Committee
ASSIGNMENT: Board of Public Works
FISCAL NOTE: In order to take advantage of the lowest interest rate possible, the

Treasurer will determine the financing vehicle subsequent to the
need for the funds. The bond would be sold in FY23 or FY24 for a
maximum of 20 years. It is estimated that the interest rate will be
approximately 4.0% and the total cost of the bond over the 20
years will be $9,798,000 including interest. The approximate
yearly cost would be $489,900.

ANALYSIS

This resolution authorizes the Mayor and the City Treasurer of the City of Nashua to either issue
and sell general obligation bonds of the City or borrow from the State of New Hampshire
Revolving Loan Fund an amount not to exceed $6,900,000. The proceeds of these bonds or
loans shall be used for the wastewater treatment plant dry well valve replacement project. This
project is in the FY2021 Capital Improvements Program. This legislation should be referred to
the Board of Public Works.

As this legislation is an authorization to borrow money, this resolution requires a “duly
advertised public hearing” pursuant to Nashua City Charter §54-a. NH RSA 33:9 requires a 2/3
vote of all the members for the issuance of bonds. This resolution is also a specific non-budget,
supplementary appropriation, permitted by Charter Sec. 53. Requirements for that are notice and
a public hearing. A two-thirds vote is required under Charter Sec. 56-b for an item or amount
not in the mayor’s budget. A roll call is required under Charter Sec. 49.

Approved as to account structure, Financial Services Division

numbers and amount:
By: _/s/John L. Griffin

Approved as to form: Office of Corporation Counsel

By: Wp Ban Chr Me
Date: oN pup PoAand

R-22-030

RESOLUTION

RELATIVE TO THE TRANSFER OF $25,000 FROM DEPARTMENT 194
“CONTINGENCY”, ACCOUNT 70100 “GENERAL CONTINGENCY” TO
DEPARTMENT 109 “CIVIC & COMMUNITY ACTIVITIES”, ACCOUNTING
CLASSIFICATION 56 “OUTSIDE AGENCIES” FOR THE PURPOSE OF PROVIDING
FUNDING TO THE NASHUA ASSOCIATION FOR THE ELDERLY

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen af the City of Nashua that $25,000 be transferred
from Department 194 “Contingency”, Account 70100 “General Contingency” into Department
109 “Civic & Community Activities”, Accounting Classification 56 “Outside Agencies”, for the
purpose of providing $25,000 to the Nashua Association for the Elderly. The intent of the
funding is for $20,000 to be used for general infrastructure improvements including both
technical and facilities, and $5,000 to go into the Senior Center’s Reserve Fund.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-030
PURPOSE: Relative to the transfer of $25,000 from Department 194

“Contingency”, Account 70100 “General Contingency” to
Department 109 “Civic & Community Activities”, Accounting
Classification 56 “Outside Agencies” for the purpose of
providing funding to the Nashua Association for the Elderly

SPONSOR(S): Mayor Jim Donchess
Alderman Richard A. Dowd
Aldermen Derek Thibeault

COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: Reduces amount available in general contingency by $25,000

that could be used for escrow or surplus in FY22. The current
balance in the general contingency account is $175,600.

ANALYSIS

This resolution authorizes the transfer of $25,000 from General Contingency into Civic &
Community Activities, Outside Agencies for the purpose of providing funding to the Nashua
Association for the Elderly. The intent of the funding is for $20,000 to be used for general
infrastructure improvements including both technical and facilities, and $5,000 to go into the
Senior Center’s Reserved Fund.

Charter Sec. 53 permits the Board of Aldermen to transfer any unencumbered appropriation
balance or any portion from one department, fund or agency to another. NRO 5-130, H provides
that “when proposed legislation to transfer or re-appropriate a particular appropriation or purpose
thereof has had its first reading, such funds shall not be expended or transferred while the
legislation is pending”.

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: Vopuahe, CM fa
Date: af Opp Maa

R-22-031

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO CONTRACTS WITH THE
SOUHEGAN VALLEY TRANSPORTATION COLLABORATIVE, NASHUA
COMMUNITY COLLEGE, RIVIER UNIVERSITY, TOWN OF HUDSON AND TOWN
OF MERRIMACK FOR TRANSIT SERVICES

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into contracts substantially in the attached form with the Souhegan Valley
Transportation Collaborative, Nashua Community College, Rivier University, Town of Hudson
and Town of Merrimack for transit services for the period of July 1, 2022 through June 30, 2023.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-031
PURPOSE: Authorizing the City of Nashua to enter into contracts with the

Souhegan Valley Transportation Collaborative, Nashua
Community College, Rivier University, Town of Hudson and
Town of Merrimack for transit services.

SPONSOR(S): Mayor Jim Donchess

COMMITTEE
ASSIGNMENT: Budget Review Committee

FISCAL NOTE: These revenue contracts provide local matching funds to the transit
operating grant. _

ANALYSIS

This resolution authorizes the City of Nashua to enter into contracts with the Souhegan Valley
Transportation Collaborative, Nashua Community College, Rivier University, Town of Hudson
and Town of Merrimack for the period of July 1, 2022 through June 30, 2023.

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: May 3. 2022

VIA FEDEX AND ELECTRONIC MAIL
Nashua Finance Committee

May 13, 2022

Page 2

that competitive proposals would be used or discussion of the relevant factors, it appears that the
City used competitive sealed bidding.

Under the competitive sealed bidding process for contracts with an estimated cost above
$10,000, “[cJontracts shall be awarded to the lowest responsible bidder.” NRO § 5-78(G).
Importantly, “[iJn determining lowest responsible bidder, in addition to price, the Manager shall
consider” 10 criteria, including “[t]he ability, capacity and skill of the bidder to perform the
contract or provide the service required” and “[t]he quality of performance of previous contracts
or services.” Jd. Where competitive proposals are used, the City must set forth, in the RFP, “the
relative importance of price and other significant evaluation factors which shall be considered”:
RFP0718-022322 sets out several such factors that substantially overlap with the criteria
considered as part of the competitive sealed bidding process. See NRO § 5-82(A); RFPO718-
022322. Thus, even if the City used competitive proposals, the analysis below applies and the
contract should be awarded to CMSG because it was the low bidder and is far more experienced
than BRB in public access television.

NRO § 5-78(G) makes clear that the primary consideration in awarding a contract is
price. CMSG’s proposal was the lowest bid. It offered four cost proposals based on the
provision of different services, including whether CMSG or the City would provide the studio
director and whether the City approved the hiring of a part-time news director. Based on the first
proposal—which represents the current services CMSG provides to the City and which have
built a successful and engaging public access station over the last decade—the first year’s cost
would be $145,000. With an annual increase of five percent in years two and three, the overall
cost of the proposal for three years is $457,112.50. BRB’s proposal, in the first year, would cost
$175,000. For three years it would cost $506,800, nearly $50,000.00 more than CMSG’s
proposal.

There may also be additional costs that increase the price tag of BRB’s proposal. As
discussed at the CTAB meeting, Appendix I to BRB’s bid outlines additional services, including
rebranding, expanding streaming content, and adding closed captioning. There are no prices
included in this appendix. Moreover, BRB’s bid includes a transition period of two months,
during which CMSG would stay on. This would add an additional $23,000 to the cost of BRB’s
bid. Hiring BRB to manage the public access channel would be significantly more expensive for
the City of Nashua. Thus, the presumption weighs in favor of awarding CMSG the contract.

Looking beyond the cost issue, CMSG has successfully managed and operated Nashua’s
public access television channel since it was created in 2011. Public access television is a
platform for members of the public to create content on a wide range of topics for consumption
by the community. CMSG has worked with over 70 producers to create 75 series, with
approximately 3250 episodes, several of which have won awards. It has extensive experience in
public access television and a proven track record in Nashua. CMSG is well-respected in the
PEG television world. Most importantly, it is dedicated to the mission of public access

City of Nashua, New Hampshire Nashua Transit System
and
Town of Hudson, New Hampshire
AGREEMENT FOR TRANSPORTATION SERVICES
July 1, 2022 thru June 30, 2023

This agreement is made and entered into by and between the City of Nashua, Nashua Transit
System (NTS), (“Provider”): and the Town of Hudson, New Hampshire, (“Town”):

1,

PERIOD

The period of performance of this agreement shall begin on July 1, 2022 and shall terminate
automatically on June 30, 2023.

UNDERSTANDING OF THE WORK

The Provider understands that the Town is seeking demand response transportation
services for eligible citizens, including disabled citizens and senior citizens to and from
locations in Hudson, Nashua, and Merrimack, and their home. This service is principally
used to gain access to adult day care, non-emergency medical appointments, groceries,
pharmacies and employment. Service will be available Monday through Friday, and
excluding Holidays as defined by the Provider (days service is available are the “Service
Days”). The hours of operation for service shall be Monday through Friday 8AM — 5PM
including travel time to/from the Nashua garage.

RIDER ELIGIBILITY

A “Qualified Rider” shall mean any person residing in the Town who has submitted a
completed application for demand response services in compliance with FTA 5307
funding requirements. Individuals permanently residing in long-term care facilities (i.e.
nursing homes) are, however, excluded from being a “Qualificd Rider.”

Qualified Rider applications will be emailed or otherwise delivered to the requesting Town
citizen by the Provider, the Town, or private medical offices or hospice centers.
Completed applications shall be emailed or delivered in hardcopy to a designated person
at the Provider.

PROVIDER'S RESPONSIBILITIES

A. The Provider shall provide shared ride service to Qualified Riders that is scheduled
daily on Service Days as efficiently as possible based on demand for pick-ups and
drop-offs.

B. The Provider shall notify the Town as soon as possible of emergencies that may
interrupt the transportation schedule.

The Provider will make every effort to process completed applications expeditiously
but the processing may take up to [0 business days.

It is the Provider’s responsibility to enter the Qualified Rider information from the
application into the system for the scheduling of services.

The Provider reserves the right at its sole discretion to refuse or suspend transportation
to any Qualified Rider or person.

The Provider shall be responsible for safe transportation of Qualified Riders. Qualified
Riders will be provided curb-to-curb service as required by the American with
Disabilities Act (“ADA”).

I, Qualified Riders who require door-to-door service sha!l be provided door-
to-door service, however, they must specify when booking their trip that
they will need the additional serviceshelp to and from the vehicle.
II. The driver CANNOT do the following:
a. Help with excessive packages (2 bag limit, no large packages).
b. Go beyond the doorway into a building to assist Qualified
Riders,
c. For lengthy periods of time, leave their vehicles unattended.
d. Lose the ability to keep their vehicles under visual observation.
e. Take action that would clearly be unsafe.

The Provider shall provide reasonable financial and operational data to the Town with
respect to all transportation services subject to this Agreement, as requested from time
to time.

In performing hereunder, the Provider shall comply with all applicable laws,
ordinances, regulations and codes of the federal, state and local governments.

Interruption of Service/Non-Performance: The Provider shali not be in default of any
provisions of this Agreement for failure to perform where such failure is due to strikes,
walk-outs, civil insurrections or disorders, order of civil authorities, shortages of motor
fue! or equipment, significant funding reductions, acts of God, or for any other cause
or causes beyond the control of the Provider.

RESERVATIONS

Reservations must be made two (2) business days in advance by the Qualified Rider and
can be made Monday through Friday, from 8 AM to SPM. Requests must be submitted by
end of business on Thursday for rides scheduled on the following Monday. Business days
do not include weekends or Holidays,

Disabled riders receive top priority in scheduling. Senior citizens receive the next priority
in scheduling. When scheduling conflicts arise, The Provider will work to ensure rides are
prioritized by those living with a disability and then senior citizens over rides reserved by
non-senior, non-disabled citizens. The Hudson van cannot be back to Nashua for any

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