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(c)

(d)

(ii) A period of 60 days from and after the giving of such notice shall have elapsed
without PDA’s having substantially cured or remedied such reason for
termination during such 60-day period, unless such reason for termination cannot
be substantially cured or remedied within 60 days, in which case the period for
remedy or cure shall be extended for a reasonable time (not to exceed 60 days),
provided that PDA has made and continues to make a diligent effort to effect
such remedy or cure; and

(iii) A final determination shall have been made by the Health Plan
Administrator that Significant Breach persists, following a meeting at which PDA
shall be entitled to appear and contest the determination.

In the event PDA learns of a pattern of activity or practice by the Health Plan, or the
Health Plan Administrator, of material breach or violations of the terms and conditions
set forth herein, if the Health Plan or Health Plan Administrator fails to cure or end such
breach or violations, PDA shall have the right to terminate this Agreement, or if
termination is not feasible, report the material breach or violations to the Secretary.

Condition Precedent. Upon receipt of a notice of termination pursuant to Section 7(b)
hereof, or for termination of this Agreement for any other reason, PDA shall return or
destroy all Protected Health Information received from the Health Plan, or created or
received by PDA on behalf of the Health Plan, that PDA still maintains in any form, and
may retain one archival copy of such information. If PDA maintains an archival copy or
determines that such return or destruction is not feasible, PDA shall extend the
protections of this Agreement to such Protected Health Information and limit further
uses and disclosures of such Protected Health Information.

Report to Secretary of HHS. If, in the reasonable determination of the Health Plan
Administrator, termination of the Agreement pursuant to Section 7(b) hereof is not
feasible, the Health Plan Administrator shall report the Significant Breach to the
Secretary, if required under HIPAA.

8. Other Provisions

(a)

(b)

(c)

City of Nashua

Separate from Service Agreement. Except to the extent specifically provided herein, this
Agreement shall not be construed, and is not intended, to be a part of the Service
Agreement or to otherwise impose on PDA any duties, responsibilities, obligation
whatsoever in respect of the administration of the Health Plan, including any duties,
responsibilities or obligation of the Health Plan pursuant to the Privacy Rule.

No Liability. To the fullest extent permitted by law, PDA shall be under no liability for
any use or disclosure of Protected Health Information made in accordance with the
directions of the Health Plan.

No Duty to Question. Notwithstanding anything herein to the contrary, PDA shall not be
under any duty to question any directions received from the Health Plan Administrator,
nor to review in any respect the manner in which any fiduciary of the Health Plan
exercises its authority and discharges its duties with respect to the Health Plan.

7 BAA Revised October 2013

(d)

(e)

(f)

(g)

(h)

(i)

@)

(k)

()

(in)

City of Nashua

Amendment. The Parties agree to take such action to amend this Agreement from time to
time as is necessary for the Health Plan to comply with applicable law, including the
requirements of HIPAA, HITECH, the Privacy Rule, and the Security Standards.

Ambiguities. Any ambiguity in this Agreement shall be resolved in a manner that is
consistent with the applicable requirements under the Privacy Rule.

Notice. Any notice required to be given hereunder shall be in writing and delivered by
hand or sent by facsimile, registered or certified mail, return receipt requested, or by air
courier, to the address (or fax number) cited in the signature block of this Agreement or
to such other address (or fax number) as shall be specified by like to notice by either
Party, and shall be deemed given only when received.

Headings. The title, headings, and subheadings of this Agreement are solely for the
convenience of the Parties and do not affect the meaning or interpretation of any
provision of this Agreement.

Governing Law. Except to the extent preempted by ERISA, this Agreement shall be
governed by and enforceable in accordance with the laws of the State of New
Hampshire without giving effect to the principles of conflict of laws thereof.

Entire Agreement. This Agreement and the Service Agreement contain the entire
understanding between the Health Plan and PDA with respect to the subject matter hereof
and, except as specifically provided herein, cancels and supersedes any and all other
agreements between the Health Plan and PDA with respect to the subject matter hereof.
Any amendment or modification of this Agreement shall not be binding unless in writing
and signed by both the Health Plan and PDA.

Severability. In the event that any provision of this Agreement is determined to be invalid
or unenforceable, the remaining terms and conditions of this Agreement shall be
unaffected and shall remain in full force and effect, and any such determination of
invalidity or unenforceability shall not affect the validity or enforceability of any other
provision of this Agreement.

No Benefit to Others. The representations, covenants and agreements contained in this
Agreement are for the sole benefit of the Parties, and they shall not be construed as
conferring, and are not intended to confer, any rights on any other persons.

Counterparts. This Agreement may be signed in counterparts, each of which shall be an

original, with the same effect as if the signatures thereto and hereto were upon the same
instrument.

8 BAA Revised October 2013

IN WITNESS WHEREOF, the Parties have entered into this Business Associate Agreement, effective
as of the Effective Date.

PART D ADVISORS, INC. City of Nashua, on behalf of itself and the City of
Nashua Health Plan
By: By:
Name: Name:
Title: Title:
Address: 17199 N. Laurel Park Drive Address:
Suite 400

Livonia, MI 48152

Date: Date:

City of Nashua 9 BAA Revised October 2013

REPORT OF THE FINANCE COMMITTEE
SEPTEMBER 20, 2017

A meeting of the Finance Committee was held on Wednesday, September 20, 2017, at 7:04 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman-at-Large Mark S. Cookson, Vice Chair
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman Benjamin M. Clemons
Alderman June M. Caron

Members not in Attendance: Alderman Ken Siegel

Also in Attendance: Alderman-at-Large Brian S. McCarthy
Alderman Richard A. Dowd
Alderman David Schoneman
John Griffin, CFO/Comptroller
Dan Kooken, Purchasing Manager

PUBLIC COMMENT — None
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Purchase Of Vehicles Per Fleet Assessment FY18 (Value: $128,986)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM MHQ, INC. IN THE AMOUNT OF $128,986. FUNDS ARE AVAILABLE IN DEPARTMENT 152, FIRE;
CERF

MOTION CARRIED

From: Karl Gerhard, Deputy Fire Chief, Nashua Fire Rescue
Re: Household Hazardous Waste Collection Program Support
e Referred to Cmte — 9/12/2017

MOTION BY ALDERMAN O’BRIEN TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

UNFINISHED BUSINESS — None
NEW BUSINESS — RESOLUTIONS

R-17-128
Endorsers: Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING THE MAYOR TO ENTER INTO THE COOPERATIVE AGREEMENT FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION WITHIN THE NASHUA, NEW HAMPSHIRE
REGION
e Also assigned to the Board of Public Works; to appear on its 9/28/2017 agenda

Finance Committee - 9/20/2017 Page 2

Mayor Donchess

Jennifer from the Regional Planning Commission is going to come to speak to this resolution, but she could not
make it tonight. She has asked that we table the item, which will give us time to get the recommendation of
Public Works and have the Regional Planning Commission to explain the program to us.

MOTION BY ALDERMAN WILSHIRE TO TABLE R-17-128
MOTION CARRIED

NEW BUSINESS — ORDINANCES - None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN O’BRIEN THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
SEPTEMBER 1, 2017 TO SEPTEMBER 14, 2017

MOTION CARRIED

PUBLIC COMMENT — None

REMARKS BY THE ALDERMEN — None

POSSIBLE NON-PUBLIC SESSION
ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:09 p.m.

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

FINANCE COMMITTEE

SEPTEMBER 20, 2017
7:00 PM Aldermanic Chamber

ROLL CALL
PUBLIC COMMENT
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Purchase Of Vehicles Per Fleet Assessment FY18 (Value: $128,986); Department: 152 Fire
Fund: CERF

From: Karl Gerhard, Deputy Fire Chief, Nashua Fire Rescue
Re: | Household Hazardous Waste Collection Program Support
e Referred to Cmte — 9/12/2017

UNFINISHED BUSINESS — None
NEW BUSINESS — RESOLUTIONS
R-17-128
Endorsers: Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING THE MAYOR TO ENTER INTO THE COOPERATIVE AGREEMENT FOR

HOUSEHOLD HAZARDOUS WASTE COLLECTION WITHIN THE NASHUA, NEW HAMPSHIRE
REGION

e Also assigned to the Board of Public Works; to appear on its 9/28/2017 agenda
NEW BUSINESS — ORDINANCES - None
RECORD OF EXPENDITURES

PUBLIC COMMENT
DISCUSSION
NON-PUBLIC SESSION

ADJOURNMENT

=) THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

September 14, 2017
Memo #18-031

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF VEHICLES PER FLEET ASSESSMENT FY18 (VALUE: $128,986)
DEPARTMENT: 152 FIRE; FUND: CERF

Please see the attached communication from Brian D. Rhodes, Assistant Fire Chief dated August 31,
2017 to John Griffin, City of Nashua CFO and Dan Kooken, City of Nashua Purchasing Manager for
information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be procured through
cooperative intergovernmental purchase agreements with other governmental jurisdictions.

Nashua Fire Rescue, and the Purchasing Department recommend the purchase of these vehicles from
MHQ, Inc. of Marlborough, MA in the amount of $128,986.

Respectfully,

Dan Kooken
Purchasing Manager

Ce: B. Rhodes J. Graziano

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

%
VEMICLER 2 EQUIPMENT BofA
ncRNA

Nashua, City of

Contact Name:

Company/Dept:
Street Address:

City, State, Zip:

Phone:

E-Mail:

Wie / 145”

302A

% off MSRP

% off MSRP

% off MSRP

% off MSRP

Brian Rhedes, Asst. Chief

Fire

38 Lake St.

Nashua, NH 03061

603.566.7590 (c.}

_ rhodesb@nashuanh.gov

Ford Fi50 with 5.5°
XLT Trim
3024
302a

XLT Chrome

Controller
XLT Power Grou
XLT Power E

in

2.7L V6 EcoBoost
Exterior Paint - Race red

with.Auto. Tansmission

F Back Up Camera (camera on
Remainder of Ford for F150

GBPC - Ford Vehicles Contract Total -

MHOQ "C" with full side
"A" (for Chevron) -
entVisor Window Vents
eatherTech Floor Liners row
FOB
-W. Flasher
M2*C LED W
M2FC Chrome
i DUO
OTT Emitter built into |
TION TLI2D ~ i/side near rear wheel
to Install T-IONs
TION TLI2D ~ rear header
TIONEC Chrome for rear header
bor to Install TION's on rear header
TION TLI2D - near tall on rear
to install T-IONs
TIONEFC Chrome Flange for
TION TLI2ZD just rear bum
bor to Install T-lONs

Nashua NH Fire F150 W1E 302A 8.30.17 GBPC - Alurninum Cap Rev, 2

Date:

August 30, 2017

Valid For : Sept. 30th, 2017 *

Customer #:

Contract:

Sales Rep: Shawn Daoust

695.00
395.00
75,00
125,00
145.00
75.00
355.00
10.73
40.00
75.00
169.00
95.00
152.10
10.73
95.00
169.00
95.00
10.73
169.06
95.00

Fe fet [ee fee the fee [po fee [os [pe fp

No fee tee foo pm fr fr tno fee fo Pao

pa
N Tin

2
15
2
15
6
2
1.5

12753

GBPC - Ford & A/M

39

695.00
395.00
75.06
250.00
290.00
75.06
420.00
85.84
40.00
75,00
338.00
142.50
304.20
21.46
142.56
338.00
142.50
64,38
338.00
4142.50

Page i of 3

Measurement:

The quantity to be measured under ITEM 11C for permanent pavement patch
(Binder and Wearing Courses) shall be measured by the TON based on weight
slips provided on the job site and approved by the Engineer.

Payment:
The approved quantity of hot bituminous pavement for permanent pavement

patch shall be paid for at the contract unit price for ITEM 11C and shall be full
compensation for the furnishing, placing, compacting hot mix asphalt
pavement by methods approved by the Engineer, including all labor, tools and
any other equipment necessary to complete the work as specified in these
Specifications and as directed by the Engineer.

Notes:

1. Permanent pavement course thicknesses shall be as specified
on the plans, or as ordered by the Engineer.

2. Tack coats shall be applied between all pavement courses and
shall be incidental to this item of work and not measured
separately for payment.

3. Replacement of pavement markings are paid for under
ITEMS 17 (A thru D).

D. SAWED BITUMINOUS PAVEMENT
Measurement:
The quantity to be measured under ITEM 11D, Sawed Bituminous Pavement,
shall be measured by the LINEAR FOOT in accordance with the Contract
Drawings, directions from the Engineer, and as specified herein.

Payment:

The approved quantity of sawed bituminous pavement shall be paid for at the
contract unit price for ITEM 11D and shall be full compensation for saw
cutting bituminous pavement of any depth, including all labor, tools and any
other equipment necessary to complete the work as specified in these
Specifications and as directed by the Engineer.

E. UNCLASSIFIED EXCAVATION

Measurement:

The quantity to be measured under ITEM 11E shall be measured per CUBIC
YARD in place. Measurement for payment of this item shall only apply to the
unclassified excavation for the placement of temporary and permanent
pavement, sidewalk areas and associated crushed gravel to the depths specified
in the contract drawings. Quantities shall be measured for payment as directed
and approved by the Engineer. Over-excavated trenches will not be allowed.

Payment:
The approved quantity of unclassified excavation shall be paid for at the
contract unit price for ITEM 11E and shall be full compensation for the

2022 Sewer Replacement Project Measurement and Payment
Nashua, NH 01150 - 11

red /white | Whelen Vertex LED Hide-a-ways (tail lights} - 2 pair S 445.00 4 S 445.00
"6" head Wheilen CanTro! Siren/Switch Controller S 1,375.00 1 $ 1,375.00
Whelen SA315P Composite Siren Speaker 5 200.00 i 5 200.00
Havis C2410 Communications Console w/Track Mount S 450.00 i $ 450.00

Havis CARM102 Side Mount Arm Rest(s) S 68.00 2 5 136.00
Havis Dual internal Cup Holder S 45.00 i 5 45.00
% off MSRP | CapWorld - DCC Aluminum Cap with lift up hatch - Per Spec. § 3,295.00 1 5 3,295.00

- requires removal of Factory Tailgate 5 ~
% off MSRP | ist Priority Slide out Bedslide Cargo Tray with Custom Built S$ 4,235.00 4 § 4,235.00
stationary shelving unit about slide out tray § -

hourly Labor to Install BedSlide and Storage Unit s 95.00 5 S 475.00
% off MSRP [Kussmaul VW7RD (partonly) S 125.13 i S 125.13
Labor to Install Kussmaul Products S 95.00 15 45 147.50
% off MSRP [Aftermarket B/U Camera re-located onte Cap - tie into OEM display S$ 300.00 1 $ 300.00
Streamlight Survivor LED Flashlight(s) - orange s 180.00 1 5 180.00
Streamlight Vulcan LED Flashlight{s) - orange $ 200.00 1 $ 200.00
% off MSRP __|Whelen Pioneer Life LED Work / Scene Light - yellow s 926.25 4 s 926,25
% off MSRP | ProGard PTL4213 r/w Dome Light Kit(s} $ 157.00 3 s 471,00
Labor to Install Dome Light Kits (0.5 hrs / light) s 95.00 3 $ 285.00

% off MSRP Uniden BCD996 Digital Trunking Scanner {(unprogrammed) S 474.99 4 $ 474,99 |
%off MSRP — |Scanner Antenna - Tri-Band Whip 5 41.58 i 5 41.58
install Scanner $ 85.00 1 $s 85.00
Fire Extinguisher - 10# ABC Ss 105.00 1 5 105.00
hourly Labor to Strip Tahoe/Trade Complete s 95.00 3 5 285.00
install Customer Supplied 2-way Radio(s} 5 195.00 2 $ 350.00
install Customer Supplied Portable Radio Charger(s) 5 195.00 1 $ 195.00
install Customer Supplied MDT s 295:00 4 S 295.00
hourly Install Customer Supplied Thermal Imaging Camera Charger $ 95.00} 0.75 |$ 71.25
hourly install Customer Supplied KnoxBox S 95.00} 0.75 1S 725
hourly Install Customer Supplied Gas Meter Charger s 95,001 0.75 15 71.25
non-contract |MHQ Shop Supplies - Large S 295.00 1 $ 295.00
GBPC - Aftermarket Equipment Contract Total - $ 24,541.08
Cost per Unit 71 $ 64,144.73

Oty. : 1.00)

2012 Chevy Tahoe Trade :) 5 POOL)
TOTAL: 5 61,444.73

*This quote is valid for 60 days from the date of quote. Any purchase orders or approved quotes received outside of the 60 day quote period may be subject to price
adjustments. By signing this quote, the customer is agreeing to pay, in full, for all tems listed above. Any requests for changes, modifications, replacements,
removals or additional items may be subject to additional fees and/or adjusted delivery dates.

M.G.L c. 308 applies to the procurement of all commodities quoted. Contract items have been collectively purchased pursuant to M.G.Lc 308 sec ‘Ic and M.G.L c.7
set 228. The government body is responsible to determine the applicibility of M.G.L. c30B to off contract items, but not limited to, off contract items that have
already been properly procured under M.G.L. c30B sec 1c and M.G.L.-c7 sec: 224 (purchases from a vendor on contract with the: Commonwealth}, other contracts
procured under M.G.L. c30B sec 1c and M.G.L. ¢. 308 contract between the vendor and the jurisdiction. All off contract iterns must be proccured under M.G.L. c:
308.

The terms and conditions stated heréin and the provisions of any agreement between MHG and Buyer, if applicable, shall constitute the complete and only terms
and conditions applicable to any and all purchases by Buyer from MHQ. Any additional and/or diferent terms and/or conditions printed anywhere including on,-or
with, Buyer's order shail be inapplicable in regard to any purchase by Buyer from: MHQ.

Nashua NH Fire F150 W1E 302A 8.30.17 GBPC - Aluminum Cap Rev.2 Page 2 of 3