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FIRST AMENDMENT TO AGREEMENT

This First Amendment to Agreement is entered into asof this day of
August, 2020, by and between CITY OF NASHUA, a municipality in the State of New
Hampshire (hereinafter referred to as “City”), and HAYNER/SWANSON, INC., (hereinafter

referred to as “Contractor”) whose address is 3 Congress Street, Nashua, NH 03062.

WHEREAS, City and Contractor entered into that certain Professional Engineering
Services related to the Nashua Downtown Riverfront Implementation Project to
Hayner/Swanson, Inc., dated May _, 2020 (the “Agreement’”); and

WHEREAS, both City and Contractor desire to amend the Agreement to expand the
scope of services and amend the budget.

NOW THEREFORE, the parties agree as follows:

1. Pursuant to Section 30 of the Agreement “Modification of Contract and Entire
Agreement,” the Agreement is hereby amended to add the additional scope and amended
budget as described in the June 26, 2020 Contract Amendment Proposal P.O. # 156769 of
Hayner/Swanson, Inc. which is attached hereto and incorporated fully herein.

2. All other terms of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed, or have caused their properly authorized
representatives to duly execute, this First Amendment to Agreement on the date and year first
above written.

City of Nashua Hayner/Swanson, Inc.

By: Tim Cummings, Dir. Econ. Dev. By: John C. Vancor, P.E., Vice President

City of Nashua

Office of TheTreasurer

229 Main Street - Nashua, NH 03060 (603) 589-3193
Fax (603)589-3228

To: Board of Aldermen August 6, 2020
From: David G. Fredette, Treasurer/Tax Collector

Re: Purchase replacement for one (1) 2019 Ford Police Interceptor Utility
from FY 2021 Capital Equipment Reserve Fund (CERF)

The purpose of this communication is to give additional information related needed to replace one (1)
2019 Ford Police Interceptor Utility that was not listed on the FY2021 vehicle replacement schedule.
Unfortunately this vehicle was totaled in an accident on July 12, 2020. The cost to CERF will be
$49,516.50. Funds are available in CERF due to several cost savings on several items in FY 2020. It is
also anticipated additional escrows or supplemental appropriations will be used to transfer additional
funds into CERF during the first quarter of FY 2021.

Pursuant to NRO 5-127.1 D Capital Equipment Reserve Fund, which states: “During that fiscal year,
the city may purchase that equipment, or equipment that will serve the same stated purpose as the listed
equipment as long as the price does not vary by more than ten percent of the estimated replacement
value. All purchases from the Capital Equipment Reserve Fund must comply with the city’s purchasing
approval process. Any other requests to use funds from the Capital Equipment Reserve Fund must be
approved by the board of aldermen.”

/ respectfully request the approval from the Board of Aldermen for the purchase of a 2020 Ford Police
Interceptor Utility from Municipal Vehicles, Marlborough MA. for the Police department as
requested, This vehicle will replace the 2019 Ford Police Interceptor Utility, which was totaled in a
recent accident.

Ce: Mayor James W. Donchess

John Griffin, CFO/Comptroller

Karen Smith, Business Manager Police Department
Kelly Parkinson, Purchasing Department Manager
Legal Department

APPOINTMENTS BY THE MAYOR

Business and Industrial Devieoment Authority

Jack Tulley (Reappointment)
P.O. Box 600
Nashua, NH 03061

Mark Prolman (Reappointment)
70 Crestwood Drive
Hollis, NH 03049

Energy and Environment Committee

Anita Arden Cala (Reappointment)
15 Taylor Street
Nashua, NH 03060

Master Plan Committee

Mary Ann Melizzi-Golja (New Appointment)
2 Amble Road
Nashua, NH 03062

Homa Jaferey (New Appointment)
5 Poliquin Drive
Nashua, NH 03062

Gloria McCarthy (New Appointment)
65 Musket Drive
Nashua, NH 030682

Peter Schaefer (New Appointment)
15 E Street
Nashua, NH 03060

Gene Porter (New Appointment)
77 Concord Street
Nashua, NH 03064

John Spira-Savett (New Appointment)
39 Coburn Avenue
Nashua, NH 03063

Marjorie Bollinger (New Appointment)
67 Cannongate III Raod
Nashua, NH 03063

Amber Logue (New Appcintment)
20 Lock Street
Nashua, NH 03064

AUGUST 11, 2020

Term to Expire: September 13, 2023

Term to Expire: April 30, 2023

Term to Expire: March 31, 2023

Mine Falls Park Advisory Cammittee

Greg Andruskevich (Reappcintment)
3 Caraway Lane
Nashua, NH 03063

Nashua Airport Authority

David Heath (Reappointment)
7 Casey Circle
Nashua, NH 03063

Nashua Arts Commission

Paul LaFlamme (Reappointment)
28 Lutheran Drive
Nashua, NH 03063

Judith Carlson (Reappoiniment)
15 Manchester Street
Nashua, NH 03064

Nashua Planning Board

Michael Pedersen (Reappointment)
11 Delaware Road
Nashua, NH 03062

Scott LeClair (Reappointment)
10 Dayiily Drive
Nashua, NH 03062

Lawrence Hirsch (Reappointment)
12 Salmon Brock Drive
Nashua, NH 03062

Maggie Harper (Reappointment)
3 Taft Street
Nashua, NH 03060

Tax Increment Financing Advisory Board

Sarah Marchant (Reappointment)
229 Main Street
Nashua, NH 03061

Chris Lewis (Reappointment)
676 North Cammericai Street
Manchester, NH 03101

Term to Expire: June 30, 2023

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August 31, 2025

April 1, 2022

April 1, 2023

January 1, 2024

March 31, 2022

March 31, 2023

March 31, 2023

September 30, 2021

September 30, 2021

David Fredette (Reappointment)
229 Main Street
Nashua, NH 03061

Eric Drouart (Reappoiniment)
57 Main Street #206
Nashua, NH 03060

Tim Cummings (Reappointment)
229 Main Street
Nashua, NH 03061

Michael Cerato (Reappointment)
4 Water Street
Nashua, NH 03060

Tia Phiilips (Reappointment)
2 Clocktower Place
Nashua, NH 03060

Term to Expire:

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| respectfully request that this appointment be confirmed.

Jim Donchess, Mayor

September 30, 2021

September 30, 2021

September 30, 2021

September 30, 2021

September 30, 2021

CITY OF NASHUA NEW HAMPSHIRE

TRUSTEES OF

THE EDGEWOOD CEMETERY
Incorporated March 24, 1893

August 6, 2020

Susan Lovering, City Clerk
229 Main St.

Nashua, NH 03061-2019

Ms. Lovering,

The Edgewood Cemetery Board of Trustees wishes to meet in joint convention with the
Board of Mayor & Aldermen for the purpose of electing | trustee. The trustees intend to
nominate incumbent Brian Law, 78 Concord St., Nashua to a 5 year term expiring March

2025. Please notify me when this has been placed on the agenda.

Sincerely, J

Jeffrey Supt.

107 Amherst St., Nashua, NH 03064-2578 / Telephone (603) 594-3327

R-20-056

RESOLUTION

RELATIVE TO THE TRANSFER OF $1,445,000 FROM DEPARTMENT 194
“CONTINGENCY”, ACCOUNT 70112 “CONTINGENCY FOR EDUCATIONAL
PRIORITIES” TO VARIOUS SCHOOL DEPARTMENT ACCOUNTS

CITY OF NASHUA

in the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that $1,445,000 be
transferred from Department 194 “Contingency”, Account 70112 “Contingency for Educational
Priorities” into the following accounts, for the purposes of funding one-time expenses as
described below.

Department
Dept# | Description | Accounting Classification Purpose Amount
191 School 51 — Salaries & Wages 3 ELL Teachers $150,000
Fringe Benefits for 3
191 School 52 — Fringe Benefits ELL Teachers 50,000
Middle School Amplify
19] School 61 — Supplies & Materials Science Curriculum 175,000
19] School 71 — Equipment High School Furniture 200,000
19] School 71 — Equipment Copier Down Payment 250,000
Internet Connections
191 School 71 — Equipment for the High Schools 160,000
191 School 81 ~ Capital Improvements Deferred Maintenance 460,000
Total: | $1,445,000

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-056

PURPOSE: Relative to the transfer of $1,445,000 from Department 194
“Contingency”, Account 70112 “Contingency for Educational
Priorities” to various school department accounts

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

COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: The current balance in this account is $2,200,000. There will

be $755,000 remaining upon passage of this resolution.

ANALYSIS

This resolution authorizes the transfer of $1,445,000 from Account 70112 “Contingency for
Educational Priorities” into the School Operating Budget for the purpose of funding one time
expenses.

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 Financi LZ of
structure, numbers and A
amount:

KL ra
Approved as to form: Offi bf Corporation Counsel

py Beh Cole

Date: oA shy 2 Q020O

R-20-037

RESOLUTION

AUTHORIZING THE MAYOR AND THE CITY TREASURER TO ISSUE BONDS NOT
TO EXCEED THE AMOUNT OF TWENTY MILLION DOLLARS ($20,000,000) TO
REFUND ALL OR A PORTION OF CERTAIN OUTSTANDING BONDS OF THE CITY
IN ORDER TO ACHIEVE INTEREST COST SAVINGS

CITY OF NASHUA

in the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized, to issue and sell,
general obligation refunding bonds of the City under N.H. RSA 33:3-d, in an aggregate principal
not to exceed twenty million dollars ($20,000,000). The proceeds of said bonds shall be used to
pay (i) all or part of the outstanding principal amount of and redemption premium and interest on
any bonds of the City that are outstanding as of the date of adoption of this resolution, and (ii) all
costs of issuance of such refunding bonds.

Pursuant to both Nashua City Charter §54-a and N.H. RSA 33:3-d, this resolution
requires a duly advertised public hearing with at least seven days’ notice before the hearing is
heid. Also see N.H. RSA 33:9, which requires a 2/3 vote for passage of this resolution.

The bonds shall be general obligations of the City, payable as to principal and interest
from ad valorem taxes which will be levied without limitation as to rate or amount on all taxable
property within the territorial limits of the City.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issued
pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration. The bonds are to be issued in
fully-registered form by means of a book-entry system or otherwise and shall have such terms
and conditions and be in such form, subject to the provisions of this resolution and applicable
law, as shall be determined by the Mayor and the City Treasurer,

RESOLVED FURTHER that the City Treasurer, with the approval of the Mayor, is
authorized to sell any refunding bonds or notes authorized by this resolution through a
competitive or negotiated sale, and to enter into any and all required contracts therefore,
including a bond purchase agreement in the case of a negotiated sale, and a refunding trust or
escrow agreement.

2. Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.

(c) Clean Water

1. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to
Section 508 of the Clean Water Act, as amended, 33 U.S.C, § 1368, and other requirements of the
Clean Water Act, as amended, 33 U.S.C. §§ 1251 - 1377. Contractor shall report each violation to
the City and understands and agrees that the City shall, in turn, report each violation as required to
FTA and the appropriate EPA Regional Office.

2, Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.

8. Compliance with Laws & Federal Changes. Contractor shall comply with all applicable
laws, ordinances, codes, rules, regulations, programs, plans, and orders in the performance of the Contract
Documents. Without limiting the foregoing, Contractor shall comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by reference in the
Master Agreement between the City and FTA, as they may be amended or promulgated from time to time
during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract.

9. Debarment and Suspension.

(a) The Contractor agrees to comply with the requirements of Executive Order Nos. 12549 and 12689,
“Debarment and Suspension," 31 U.S.C. Section 6101 note; and USDOT regulations on Debarment
and Suspension and 49 CFR Part 29,

(b) Unless otherwise permitted, the Contractor agrees to refrain from awarding any third-party contract of
any amount to or entering into any subcontract of any amount with a party included in the “U.S.
General Services Administration's (U.S. GSA) List of Parties Excluded from Federal procurement and
Non-procurement Program,’ implementing Executive Order Nos. 12549 and 12689, "Debarment and
Suspension” and 49 CFR Part 29. The list also include the names of parties debarred, suspended, or
otherwise excluded by agencies, and contractors declared ineligible for contract award under statutory
or regulatory authority other than Executive Order Nos, 12546 and 12689.

(c) Before entering into any subcontracts with any subcontractor, the Contractor agrees to obtain a
debarment and suspension certification from each prospective recipient containing information about
the debarment and suspension status and other specific information of that awarding agency and its
“principals,” as defined at 49 CFR Part 29.

(d) Before entering into any third-party contract exceeding $25,000.00, the Contractor agrees to obtain a
debarment and suspension certification from each third-party contractar containing information about
the debarment and suspension status of that third-party contractor and its “principals,” as defined at 49
CFR 29.105(p). The Contractor also agrees to require each third party contractor to refrain from
awarding any third-party subcontract of any amount, at any tier, to a debarred or suspended
subcontractor, and to obtain a similar certification for any third-party subcontractor, at any tier, seeking
a contract exceeding $25,000.00.

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