Search

17,

18.

claim or action brought relating to this agreement, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be
brought in Hillsborough County (New Hampshire) Superior Court Southern
Judicial District or in the New Hampshire 9” Circuit Court ~ Nashua and not
elsewhere.

NO DAMAGES FOR DELAY

No payment, compensation, or adjustment of any kind shall be made to Agency
for damages because of hindrances or delays in the performance of Provider under
this Agreement from any cause.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING

Agency and Provider shall not assign, transfer, delegate, or subcontract any rights,
obligations, or duties under this agreement without the prior written consent of the
other party. Any such assignment, transfer, delegation, or subcontracting without
the prior written consent of the other party is void. Consent shall be unreasonably
withheld. Consent to any assignment, transfer, delegation, or subcontracting shall
only apply to the incidents expressed and provided for in the written consent and
shall not be deemed to be a consent to any subsequent assignment, transfer,
delegation, or subcontracting. Any such assignment, transfer, delegation, or
subcontract shall require compliance with or shall incorporate all terms and
conditions set forth in this agreement, including any incorporated exhibits and
written amendments or modifications. Subject to the foregoing provisions, the
contract inures to the benefit of, and is binding upon, the successors and assigns
of the parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective officers, duly authorized, on the dates signed below.

PROVIDER: City of Nashua — Nashua Transit

BY

James Donchess, Mayor Witness

DATE

AGENCY: The PLUS Company

BY

Witness

DATE

R-20-020

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $69,566 FROM THE
STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION INTO
TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY (“FTA”)
OPERATING GRANT”

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of, the City of Nashua that the City of Nashua and
the Division of Community Development are authorized to accept and appropriate $69,566 from
the State of New Hampshire, Department of Transportation into Transit Grant Activity “Federal
Transit Authority (“FTA”) Operating Grant” for the purpose of providing matching funds for
Transit operations. This funding shall be in effect through June 30, 2021.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-020

PURPOSE: Relative to the acceptance and appropriation of $69,566 from
the State of New Hampshire, Department of Transportation
into Transit Grant Activity “Federal Transit Authority
(“FTA”) Operating Grant”

SPONSOR(S): Mayor Jim Donchess
COMMITTEE ; .
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is a $69,566.00 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the city to accept and appropriate funds from the State of New
Hampshire, Department of Transportation for the purpose of providing a portion of the non-
Federal funds required to match Federal Transit Administration (FTA) operating funds. This
funding shall be in effect through June 30, 2021.

Approved as to account Gf Services Division
structure, numbers, x jp
and amount: By: dé

Approved as to form: Office of vecsraton a Counsel

By: Vou, (ore,
Date: _U Mancrn 70g0

R-20-021

RESOLUTION

ESTABLISHING AN INFORMATION TECHNOLOGY STUDY COMMITTEE

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that there is hereby
established an Information Technology Study Committee for the purpose of reviewing the
current and future use of information technology city-wide, and to explore best practices and
possible efficiencies and cost savings. Said committee will be comprised as follows:

A member of the Board of Aldermen, appointed by the Board President;

A member of the Board of Education, appointed by the Board President;

The Chief of the Police Department;

The Administrative Services Division Director;

Corporation Counsel; and

4 individuals appointed by the Mayor and confirmed by the Board of Aldermen.

Aw swNe

RESOLUTION:

PURPOSE:

ENDORSERS:

COMMITTEE

ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2020

R-20-021

Establishing an Information Technology Study Committee

Mayor Jim Donchess

Minimal administrative expenditures.

ANALYSIS

This resolution establishes an Information Technology Study Committee as described.

Approved as to form:

Office of Corporation Counsel

Date: 4 MOnrtry Gd PD

R-20-022

RESOLUTION

RELATIVE TO THE TRANSFER OF $50,000 FROM DEPARTMENT 194
“CONTINGENCY”, ACCOUNT 70100 “GENERAL CONTINGENCY” INTO FUND
6500 “PROPERTY AND CASUALTY FUND”, ACCOUNT 68360 “LOSS PREVENTION”

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that $50,000 be transferred
from Department 194 “Contingency”, Account 70100 “General Contingency” into Fund 6500
“Property and Casualty Fund, Account 68360 “Loss Prevention” for the purpose of purchasing
cleaning supplies and services related to the Coronavirus disease 2019 (COVID-19).

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2020
R-20-022

Relative to the transfer of $50,000 from Department 194
“Contingency”, Account 70100 “General Contingency” into
Fund 6500 “Property and Casualty Fund”, Account 68360
“Loss Prevention”

Mayor Jim Donchess

Reduces amount available in general contingency by $50,000.
The current balance in the general contingency account is
$84,750. In addition to this resolution, there is a pending
resolution, R-20-018, that would utilize $25,000 from the
current contingency account balance.

ANALYSIS

This resolution authorizes the transfer of $50,000 from General Contingency into the Risk
Management Property and Casualty Fund for the purpose of purchasing cleaning supplies and
services related to the Coronavirus disease 2019 (COVID-19).

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
structure, numbers and
amount:

Approved as to form:

Financial WL NA

By:

we - Corporation’Con Counsel

nero

Date: Mor er S, Oo q

Consultant with access to City of Nashua records in a reasonable time and manner and to
schedule items that require action by the Board of Public Works and Finance Committee
in a timely manner. The City of Nashua and Professional Consultant also agree to attend
all meetings called by the City of Nashua or Professional Consultant to discuss the work
under the Contract, and that Professional Consultant may elect to conduct and record such
meetings and shall later distribute prepared minutes of the meeting to the City of Nashua.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Consultant warrants that it has examined all contract documents, has brought
all conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua
in writing, and has concluded that the City of Nashua's resolution of each matter is
satisfactory to Professional Consultant. All future questions Professional Consultant may
have concerning interpretation or clarification of this contract shall be submitted in writing
to the City of Nashua within 10 calendar days of their arising. The writing shall state
clearly and in full detail the basis for Professional Consultant's question or position. The
City of Nashua representative shall render a decision within 15 calendar days. The City of
Nashua's decision on the matter is final. Any work affected by a conflict, error, omission,
or discrepancy which has been performed by Professional Consultant prior to having
received the City of Nashua's resolution shall be at Professional Consultant's risk and
expense. At all times, Professional Consultant shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination of the City of Nashua. Professional Consultant is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its
failure to do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its
sole discretion, shall have the right to terminate, abandon, or suspend all or part of the
project and contract at will. If the City of Nashua chooses to terminate, abandon, or
suspend all or part of the project, it shall provide Professional Consultant 10 day’s written
notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional
Consultant shall:

Immediately discontinue work on the date and to the extent specified in the notice.
Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City of Nashua any orders or subcontracts specified in the
notice, and revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of

a written notice from the City of Nashua to resume performance.

GC 4 of 13

Ne

A special meeting of the Board of Aldermen was held Wednesday, February 26, 2020, at 7:02 p.m. at City
Hall Auditorium, 3 floor.

President Lori Wilshire presided; City Clerk Susan K. Lovering recorded.
Prayer was offered by City Clerk Susan K. Lovering; Alderman Ernest Jette led in the Pledge to the Flag.

The roll call was taken with 10 members of the Board of Aldermen present; Alderwoman-at-Large
Shoshanna Kelly, Alderman June Caron, Alderman-at-Large Ben Clemons, Alderman Tom Lopez, and
Alderwoman Elizabeth Lu were recorded absent.

President Wilshire

| did hear from Alderwoman Kelly, Alderman Caron, Alderman Clemons and Alderwoman Lu that they were
unable to be hear this evening. For the Special Meeting for the Budget Review Committee, | will turn this
meeting over to Alderman Dowd.

Chairman Dowd

Ok this evening we are going to have a Public Hearing before the Budget Review on R-20-012, Authoring
the Mayor and City Treasurer to Issue Bonds not to Exceed the Amount of $1,100,000.00 for the Public
Health and Community Services Division Building Renovations. Before we take testimony, who is going to
present? That would be Director Cummings.

Tim Cummings, Director of Economic Development

Thank you Mr. Chair, for the record Tim Cummings, Director of Economic Development. | am here before
you this evening asking for a favorable recommendation of R-20-012. You have a handout before you, but
what | was going to do is just quickly go through a few slides | put together which will hopefully help
orientate everyone and give folks a better understanding of what we are looking for this evening.

This every first slide just shows the facade, the outside rendering of 18 Mulberry Street and the current site
plan configuration. We are here before you to ask for an update of the authorization that was done in 2009.
Tonight we are seeking a request to increase that authorization to $3.6 million, essentially a $1.1 million
increase. This is housekeeping in nature; bringing the project authorization up to current cost estimates
due to inflation. Prior to the request, we were basing our authorization on concept plan and design. Since
we have started working on the project in earnest last year we have undertaken the following steps.

We have put together a project team to advance the building renovations, both external consultants and
various internal departments and we are meeting regularly to make a project start date of Spring ’20. We
have completed concept design, schematic design and design development. We are hoping to complete
construction documents in the next few weeks. Construction manager has been procured and has been
working with us throughout the entire design process; we are using Martini Northern as our construction
manager. This project has not changed materially since it was originally scoped, and is predominately
being undertaken to meet ADA requirements by adding an elevator. But we will also be replacing the roof
which has come to its end of life; doors, windows, floors, mechanical equipment which have come to all of
its end of life. There will be additional miscellaneous tasks undertaken but | highlighted the major project
elements.

So before you is just a quick slide that shows you what the first floor looks like and | wanted to show this to
you because | really just want to show you the major reconfiguration of what is going to occur in the
building. Basically right now when you are entering on the first floor, the ground floor, you walk back and
you typically walk along the side here to the rear of the building to go down into the basement or go up.