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INDEPENDENT CONTRACTOR AGREEMENT

This agreement is made this _ day of , 2017 between the City of
Nashua, New Hampshire (hereinafter “City”), with a mailing address 229 Main Street,
Nashua, NH 03060 and Alexander Granok, MD (hereinafter “Contractor’), with a
mailing address of 399 Daniel Webster Highway, Merrimack, NH 03054. The City of
Nashua, Division of Public Health and Community Services (DPHCS) and Alexander
Granok, MD (collectively referred to as the “Parties”) hereby enter into this Independent
Contractor Agreement (hereinafter “Agreement”) under the terms and conditions set
forth below.

PURPOSE OF AGREEMENT

The Nashua Division of Public Health and Community Services desires to enter into this
agreement with a physician for periodic medical consultation on matters pertaining to
communicable diseases, emergency preparedness, chronic disease prevention; and for
authorizing the Department's standing orders, on an annual basis, for immunization,
sexually transmitted disease, and other clinics.

SCOPE OF SERVICES

The Contractor will provide medical oversight to the Nashua Division of Public Health on
matters pertaining to communicable diseases, emergency preparedness, chronic
disease prevention, and school health issues.

1. The Contractor shall provide consultation to the APRN, Community Health
Department Staff, Environmental Health Department staff and _ the
Epidemiologist relative to the treatment of infectious diseases and disease
investigations.

2. The Contractor will review the appropriate DPHCS Policy and Procedure
manuals at least once per year and shall make recommendations for policy and
procedure changes as indicated.

3. The Contractor will review and sign the DPHCS standing orders on an annual
basis.

4. The Contractor will meet with DPHCS Division Director and Manager of the
Community Health Department at least twice on an annual basis.

5. The Contractor will provide medical advice to the Division Staff on policy and
practice issues related to prevention and control of diseases of public health
importance.

6. The Contractor will serve as the Lab Director for the DPHCS Clinical Laboratory
Improvement Amendments (CLIA) License with the State of New Hampshire.

TIME PERIOD

This contract is in effect from July 1, 2017 to June 30, 2018.

QUALIFICATIONS

The medical consultant shall possess and maintain a medical degree and a valid
license to practice medicine within the State of New Hampshire. Copies of said medical
degree and NH licensure shall be provided prior to execution of this agreement.

PAYMENT FOR SERVICES

1. The City shall pay the contractor at the rate of $ 900.00 (nine hundred dollars)
per month.

2. Monthly Invoices may be submitted electronically by e-mail or in hard copy to
the Director of the Division of Public Health and Community Services.

INSURANCE COVERAGE:

The Contractor's liability insurance shall be provided by the City of Nashua for the
scope of services listed within this contract for the duration of the contract.

INDEPENDENT CONTRACTOR

The Contractor agrees that he is completely independent from the City and is not an
employee of the City. The Contractor warrants that he may work for other individuals
and/or entities. 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 and to
determine whether it is being performed in an appropriate manner. 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, except when necessary to carry out the efficient and effective work of the City.

TERMINATION

Notwithstanding anything in this contract to the contrary, the City, or the Contractor,
may terminate this agreement without cause upon thirty (30) days written notice to the
other party.

CHOICE OF LAW AND VENUE

The laws of the State of New Hampshire shall govern this Agreement exclusively and

any litigation relative to this Agreement shall be brought to a court located in the State of
New Hampshire.

SIGNATURES:

The terms and conditions of this agreement are agreed to by the parties upon signature
below.

For the City of Nashua:

James Donchess
Mayor

Date:

For Alexander Granok, MD

Alexander Granok, MD
Contractor

Date:

(22 THE CITY OF NASHUA “The Gate City’

Financtal Services

Purchasing Department

June 15, 2017
Memo #17-133

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: BSP — OUTSIDE LEGAL COUNSEL & WITNESS FEES (VALUE: $50,000)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND
ACTIVITY: BROAD STREET PARKWAY

Please see the attached communication from Lisa Fauteux, Director Public Works Administration, dated
June 22, 2017 for information related to these outside counsel fees and expert witness fees.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The Director Public Works Administration, Board of Public Works (contingent upon approval at the June

22, 2017 BPW meeting) and the Purchasing Department recommend the award of this contract to Frank
P. Spinella, Jr. of Concord, NH in an amount of $50,000.

Respectfully, ">
Ag CH, J

. "Dan Kooken
“Purchasing Manager

Cc: L Fauteux J Griffin

i ;
229 Main Street » Nashua, New Hampshire 03061 « Phone (603) 589-3330 » Fax (603) 589-3233 |

To:

From:

Re:

Attachment:

A. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: June 22, 2017

Lisa Fauteux, Director Public Works
Administration

Outside Legal Counsel Broad Street Parkway

Memorandum Corporation Counsel - April 10, 2015

To approve the increase funding for outside counsel fees and expert witness fees in an
amount not-to-exceed $50,000 plus expenses for litigation relating to the Broad Street
Parkway. Funding will be through Department 160 Admin/Engineering; Fund: Bond;
Activity: Broad Street Parkway.

In April 2015, the Legal Department obtained approval to retain Attorney Frank
Spinella as outside counsel to represent the City in regard to anticipated claims by and
against the City between the City and E.D. Swett, Inc. and Albanese D & §, Inc.
The initial approval was for an amount not-to-exceed $50,000 plus expenses.

The Albanese matter has been resolved. Litigation has been filed in the E.D. Swett
matter and will require additional outside counsel fees and expert witness fees in an
amount not-to-exceed $50,000 plus expenses.

With approval of this increased authorization, the total authorized for outside legal
counsel and expert witness fees will be $100,000 plus expenses.

CITY OF NASHUA
OFFICE OF CORPORATION COUNSEL

MEMORANDUM
TO: John Griffin, CFO/Comptroller
FROM: Stephen M. Bennett, Esq., Corporation Counsel
DATE: — April 10, 2015

RE: Compensation for Outside Counsel for Broad Street Parkway

This memorandum summarizes the need to retain Attorney Frank Spinella of the
law firm of Hall, Morse, Anderson & Spinella, P.C. of Concord, New Hampshire to
represent the City in regard to anticipated claims by and against the City between the City
and E.D. Swett, Inc. and Albanese D & 8, Inc. These companies have contracted for
work on the Broad Street Parkway. E.D. Swett, Inc. contracted to construct the Nashua
River and Fairmont Street bridges. Albanese D & S, Inc. contracted to replace the
Millyard Association's fire pump.

E.D. Swett, Inc. is currently well behind scheduling in completing drilled shafts
necessary for constructing the bridge across the Nashua River. E.D. Swett, Inc. and its
drilling subcontractor have stated that the conditions on site are different than those
provided in the bid documents. Delays in completing the shafts are causing delays with

the overall completion of the Nashua River bridge .

229 Main Street - P. O. Box 2019 / Nashua, NH 03061-2019 / Telephone (603) 589-3250 / FAX (603) §89-3259

Albanese D & S, Inc. contracted to replace the fire pump owned by the
Millyard Association. The fire pump had bcen housed in the Millyard Boiler Building
which was taken and demolished for the parkway. Albanese D & S, Inc. completed its
work on March 10, 2015, three (3) months behind schedule. The delay caused by
Albanese D & S, Inc. has negatively impacted completion of work by other contractors.
The contract with Albanese D & §S, Inc. provides for hquidated damages, under certain
circumstances, for failure to meet the scheduled completion date.

Due to the complex nature of construction litigation and the anticipated scope and
duration of litigation in this matter, the Office of Corporation Counsel believes that
outside counsel with expertise in construction law should be retained by the City for these
matters. See the attached Scope of Services and Resume of Attorney Spinella.

This office requests your approval to retain Attorney Spinella for an amount
initially not to exceed $50,000 plus expenses. Should additional funds be required during
litigation, a request will be made to this committee. Funds sufficient to cover the
anticipated cost of litigation are available from Broad Street Parkway funds, Account #

1061 .60.05.65.

229 Main Street P. O. Box 2019 / Nashua, NH 03061-2019 / Telephone (603) 589-3250 / FAX (603) 589-3259

FRANC P. SPINELLA, JR.
14 Centre Street, Concord, NH 03301
(603) 225-6655
spinella@hallmorlaw.com

General commercial litigation practice including construction claims, trade regulation, business
torts, collections and creditors’ rights, Uniform Commercial Code and general contract claims.
Dozens of jury and bench trials in state and federal courts in New Hampshire and Massachusetts.
Listed in Best Lawyers in America® in the fields of Commercial Litigation, Construction Law
and Construction Litigation; voted New Hampshire’s 2013 Lawyer of the Year in Construction
Litigation. New Hampshire Superior Court Rule 170 Mediator.

EDUCATIGN

BAR
ADMISSIONS

EMPLOYMENT

HISTORY

PUBLISHED
WRITINGS

J.D. 1979, Cornell Law School, Ithaca, NY
B.A. 1976, Cornell University, Ithaca, NY

District of Columbia 1979, Connecticut 1983, New Hampshire 1985,
New York 1985, Massachusetts 1994; United States District Courts in all
of the foregoing states; United States Tax Court.

1995 to present - Director, Hall, Morse, Anderson & Spinella, P.C.
Concord, NH

1989-94 - Director, Hibbard & Spinetia, P.A., Concord, NH
1987-88 - Partner, Laboe & Hibbard, Concord, NH

1985-87 - Associate General Counsel, Recerding ladustry Association
of America, New York, NY

1982-84 - Associate, Wiggin & Dana, New Haven, CT
1979-82 - Associate, Howrey & Simon, Washington, DC

1990, Adjunct Professor of Law, UNH School of Law (f/k/a Franklin
Pierce Law Center), Concord, NH — Antitrust Law and Policy course

“Categorization and Presumptions in Horizontal Antitrust Cases,” 22 New
England L. Rev. 293 (1987)

‘Business Electronics and the Coerced Supplier,” 95 Commercial L.J. 230
(1990)

“Securing Mechanic's Liens: Lis Pendens. Ex Parte or With Notice?” 31
N.H. Bar J. 15 (1990)

“Antitrust’s ‘State Action’ Doctrine and the Policy of the Commerce
Clause,” 39 Antitrust Bull. 653 (1994)

“Collecting on a New Hampshire Judgment,” 38 N.H. Bar J. 36 (1997)

New Hampshire Mechanic’s Lien Law Summary, Henlawonline.com
(2002)

SECTION 02533

CONNECTIONS TO EXISTING STRUCTURES OR SEWER MAINS

PART 1 - GENERAL

1.01

1.02

1.03

WORK INCLUDED:

The Contractor shall furnish materials, tools, labor and equipment to cut suitable
openings into the existing sewer manholes, make connections to existing sewers and
all other work necessary to direct the existing sewage flow as indicated on the
drawings and as herein specified.

RELATED WORK:

Section 02631, PRECAST MANHOLES AND CATCH BASINS

Section 02085, POLYVINYL CHLORIDE GRAVITY PIPE AND FITTINGS
Section 01735, CUTTING, CORING and PATCHING

SUBMITTALS: IN ACCORDANCE WITH REQUIREMENTS OF THE
GENERAL SPECIFICATIONS, SUBMIT THE FOLLOWING:

Prior to start of work, submit details of the methods proposed for doing the work and
for maintaining the sewage flow as herein specified.

PART 2 - PRODUCTS

A. Products for attaching to existing sewer manholes are described in Sections
02631, Precast Manholes and Catch Basins; and Section 01735, Cutting, Coring
and Patching.

B. Products for attaching sewer service lines or drain lines to existing sewer mains:

1. Connection of new sewer service or drain pipe to existing sewer mains shall
be by mechanical saddles (as described in items 2 and 3 below). The
connection device shall provide a firm base that will hold and attach the
service main to the existing pipe without the possibility of the pipe becoming
loose or detaching from the main. Putting the pipe in the main and grouting
around it will not be allowed.

2. Where feasible and sizing allows this type of connection, the preferred
method of attachment of PVC service or drain pipe to the existing main is by

2022 Sewer Replacement Project Connections to Existing Structures or Sewer Mains
Nashua, NH 02533-1

=) THE CITY OF NASHUA ‘The Gate City’

Financial Services

Purchasing Department

June 15, 2017
Memo #17-134

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ANNUAL PAVEMENT MARKINGS PROGRAM (VALUE: $162,000)
DEPARTMENT: 161 STREETS; FUND: GENERAL

Please see attached communication from Jon Ibarra, Street Department Superintendent dated June 19,
2017 for the information related to this purchase.

Pursuant to § 5-84. Special purchase procedures. A. (7) Purchases under extensions of contracts when
no price increase exceeds 10% per year. This applies since Hl-Way Safety Systems, Inc has confirmed
that they will maintain their FY17 pricing through FY 18.

The Street Department Superintendent, Board of Public Works (contingent upon approval at the June 22,
2017 BPW meeting) and the Purchasing Department recommend the award of this contract in the amount
of $162,000 to HI-Way Safety Systems, Inc. of Rockland, MA.

Respectfully, 4.7
. fo fs. At CY
Age. = eo é - Z ae
he Ze

Dan Kookén
Purchasing Manager

Cc: J Ibarra L Fauteux

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