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®\ THE CITY OF NASHUA “The Cate City’

Division of Public Health and Community Services

Community Services Department

June 14, 2017

To: John Griffin, CFO; Daniel Kooken, Purchasing Manager
From: Bobbie Bagley, Director, DPHCS

Subject: Renewal of Humane Society Contract for FY18

The Humane Society for Greater Nashua Corporation (HSFN), has provided
shelter, pound, isolation and quarantine services for the City of
Nashua. HSFN has been the provider of these services for the City for
over 20 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.” HSEFN has a proven record of
providing impoundment and quarantine services. It has the facility
space to accommodate the needs of the City of Nashua’s Pound, and the
HSFN staff has worked closely with the City’s 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 HSFN.

The attached contract is effective July 1, 2017 through June 30, 2018
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 , 2017 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 HSEN 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 ofistray canines;

Impoundment of stray felines for those with permanent ID only

Impoundment of stray ferrets for those with permanent ID only

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 ifino permanent identification is found

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

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

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

e 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;

e HSEN will retain confirmatory proof of notification of the owner;

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

e 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. HSFN 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
HSEN 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, 2017 and complete all functions required in
a timely, professional and competent manner. This Agreement will expire on June 30, 2018.

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.

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

4

and will notify the City of any changes in coverage or change of carrier should they deviate from
the following:

- 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.

5

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

PART 3 - EXECUTION

3.01 INSTALLATION:

A. BUILDING CONNECTIONS:

1.

Building connections shall be installed using the same construction and pipe
joining techniques as specified in Section 02085 POLYVINYL CHLORIDE
GRAVITY PIPE AND FITTINGS.

In general, connections shall be carried only to the property line. The end of the
pipes shall be closed with PVC stoppers jointed in place to ensure against
infiltration into the sewer line.

In general, the mainline sewer has been designed at depths to accommodate full
basement service for each building to be connected. Building connections must
be installed at the proper depth in every case that full basement service is
possible for the building. The CONTRACTOR will be required to excavate,
remove, reinstall and backfill any building connection improperly installed at his
own expense. The CONTRACTOR will demonstrate to the Inspector that all
connections are properly made.

In streets where building sewers must cross water mains, the CONTRACTOR
will install the building sewers at proper depths to maintain the vertical
clearance between the two pipes, as shown in the construction details. Building
services shall be installed beneath water mains.

B. DROP CONNECTIONS:

1. When the invert of a pipe entering a manhole is 24 inches or more above the
invert of the lowest pipe leaving the manhole, it shall be connected to the
manhole with an inside drop section.

2. The drop pipe shall be the same diameter, material, and class as the sewer pipe
entering the manhole, unless otherwise noted in the drawings. The drop
connection shall be constructed as shown on the City of Nashua Standard
details.

3. All connecting hardware shall be stainless steel.

END OF SECTION
2022 Sewer Replacement Project Building Connections and Drop Connections

Nashua, NH

02530-2

=\ THE CITY OF NASHUA “the Cate City’

Financial Services

Purchasing Department

June 15, 2017
Memo #17-138

TO: MAYOR JIM DONCHESS
FINANCE COMMITTEE

SUBJECT: | MEDICAL DIRECTOR FOR THE DIVISION OF PUBLIC HEALTH & COMMUNITY
SERVICES (VALUE: $10,800)
DEPARTMENT: 172 COMMUNITY HEALTH; FUND: GENERAL $2,800 AND GRANTS STD-HIV GRANT

$8,000

Please see attached communication from Bobbie Bagley, Director of Public Health & Community Services
dated June 14, 2017 for the information related to this contract award.

Pursuant to § 5-84 Special purchase procedures A. (4) Sole-source procurements, where the proposed
purchase is manufactured by only one company.

The Director of Division of Public Health & Community Services and the Purchasing Department
recommend the award of this contract to Alexander Granok, MD of Merrimack, NH in the amount of
$10,800.

Respect,

thhe Lo

C44 Dan’ Kooken
Purchasing Manager

Ce: B Bagley J Graziano

229 Main Street ¢ Nashua, New Hampshire 03061 Phone (603) 589-3330 e Fax (603) 589-3233

®\ THE CITY OF NASHUA ‘The Gate Cty’

Division of Public Health and Communtty Services

Community Services Department

June 14, 2017

To: John Griffin, CFO; Daniel Kooken, Purchasing Manager
From: Bobbie Bagley, Director, DPHCS
Subject: Renewal of Medical Director Contract for FY18

Alexander Granok, MD, an independent contractor, has served as the
Division of Public Health and Community Service’s Medical Director for
the past six (6) years.

The Division is required to have a physician serve as Medical Director

in order to maintain clinical licensure. The Medical Director is
responsible for reviewing and approving all clinical Standards of
Operations for the clinic as well as for disease investigations. The

Medical Director provides clinical consultation to the Advance
Practice Nurse Practitioner, the Community Health Department Staff,
and the Environmental Health Staff when needed.

Dr. Granok is a well-known and respected Infectious Disease doctor.

The attached contract is effective July 1, 2017 through June 30, 2018
in the amount of $10,800 to be paid at $900 per month.

In accordance with § 5-83(A) Professional Services, the Division of
Public Health recommends that the contract with Alexander Granok, MD
located at 399 Daniel Webster Highway, Merrimack, NH, be renewed for
an additional year.

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