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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.

In the event of a termination, abandonment, or suspension at will, Independent Contractor
shall receive all amounts due and not previously paid to Independent Contractor for work
satisfactorily completed in accordance with the contract prior to the date of the notice and
compensation for work thereafter completed as specified in the notice. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work.

B. Termination for Cause This agreement may be terminated by the City of Nashua on
10 calendar day’s written notice to Independent Contractor in the event of a failure by
Independent Contractor to adhere to any or all the terms and conditions of the contract or
for failure to satisfactorily, in the sole opinion of the City of Nashua, to complete or make
sufficient progress on the work in a timely and professional manner. Independent
Contractor shall be given an opportunity for consultation with the City of Nashua prior to
the effective date of the termination. Independent Contractor may terminate the contract
on 10 calendar days written notice if, through no fault of Independent Contractor, the City
of Nashua fails to pay Independent Contractor for 45 days after the date of approval by the
City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Independent Contractor shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

Provide the City of Nashua with a list of all unperformed services.

Place no further orders or sub-contracts 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.

4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or sub contracts 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 sub contracts specified in the
notice, and revoke agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and
until receipt of a written notice from the City of Nashua to resume performance.

wd

In the event of a termination for cause, Independent Contractor shall receive all amounts
due and not previously paid to Independent Contractor for work satisfactorily completed
in accordance with the contract prior to the date of the notice, less all previous payments.
No amount shall be allowed or paid for anticipated profit on unperformed services or other
unperformed work. Any such payment may be adjusted to the extent of any additional
costs occasioned to the City of Nashua by reasons of Independent Contractor's failure.
Independent Contractor shall not be relieved of liability to the City of Nashua for damages
sustained from the failure, and the City of Nashua may withhold any payment to the
Independent Contractor until such time as the exact amount of damages due to the City of
Nashua is determined. All claims for payment by the Independent Contractor must be
submitted to the City of Nashua within 30 days of the effective date of the notice of
termination.

GC 40f9

Board of Aldermen 4-28-2020 Page 12

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Skip Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED
Resolution R-20-018 declared duly adopted.

R-20-019
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien
Alderman Patricia Klee
Alderwoman Shoshanna Kelly
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderman-at-Large David C. Tencza
Alderman-at-Large Brandon Michael Laws
Alderman Skip Cleaver
Alderman-at-Large Lori Wilshire
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO CONTRACTS WITH NASHUA
COMMUNITY COLLEGE, RIVIER UNIVERSITY, TOWN OF HUDSON, TOWN OF MERRIMACK
AND THE PLUS COMPANY FOR TRANSIT SERVICES
Given its second reading;

MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-20-019 BY ROLL CALL
ON THE QUESTION
Alderwoman Lu

| wonder whether considering the (no audio) the stay-at-home orders, is possible that this contract is going
to put us in jeopardy of great expense to the City. (no audio) without having the ridership or are the
proceeds rather are the entities that are let me just ask you that question as it is, thank you.

President Wilshire

Well it’s my understanding right now that the bus - the transit system isn’t operating except for para transit
and senior services. But I’m not sure if that addresses your question or not?

Mayor Donchess

| do have an answer. The services provided under this contract are paid for by the towns and entities
involved. So we get payment from the town of Hudson, Merrimack, etc. These are very critical revenues
because this makes up our matching revenue to qualify us for all the Federal support that the Transit
System received. So this particular service will not cost us money but in fact brings in vital matching funds.

Alderman Lopez

In additional to being essential for making sure we have public transportation following the conclusion of
this pandemic, the bus company is operating on an on-call status for any Nashuans who need
transportation. They are taking historic safety precautions and they are taking every opportunity to make
sure that people are doing it safely, but they are still providing limited transportation as is appropriate in this

Board of Aldermen 4-28-2020 Page 13
pandemic for people who don’t have another alternative for being transported.

Alderman Clemons

| actually never made the motion so | am going to do that now.

MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-20-019 BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Skip Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED
Resolution R-20-019 declared duly adopted.

R-20-020
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman June M. Caron
Alderman Thomas Lopez
Alderman Jan Schmidt
Alderman Skip Cleaver
Alderwoman Linda Harriott-Gathright
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”
Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF R-20-020 BY ROLL CALL
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Skip Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

Resolution R-20-020 declared duly adopted.

Board of Aldermen 4-28-2020 Page 14

R-20-025
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderwoman Linda Harriott-Gathright
RELATIVE TO THE APPROVAL OF FUNDING FOR THE REBUILD OF THE SOLID WASTE CAT
COMPACTOR FROM THE CAPITAL EQUIPMENT RESERVE FUND (“CERF”) DURING FY2020 IN
AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000)
Given its second reading;

MOTION BY ALDERMAN JETTE FOR FINAL PASSAGE OF R-20-025 BY ROLL CALL
ON THE QUESTION
Alderman Jette

I’d like to be heard on that. So in spite of the title this has nothing to do with compacting cats at the landfill.
As the Mayor explained, the compactor is a front-end loader type tractor with large solid steel wheels which
rides over the newly deposited trash at the landfill to compress or compact it. This machine was made by
the Caterpillar Company and that’s why they call it the “cat”. It's an old 1999 machine which was being
used as a back up when the primary compactor was down for maintenance or repairs. It had electrical
problems and the engine seized and it was taken out of service in 2018. Solid Waste has been using a
bulldozer as a backup, but a bulldozer doesn’t have the required weight of a trash compactor and it just
doesn’t work properly.

As the Mayor explained, a new machine would cost $1 million dollars to replace this one. But Milton
Caterpillar Company is offering to refurbish this one for $500,000.00 and they take it down to the frame,
they sand blast it, they repaint it and rebuild it to a like-new status which will have a four-year warranty. A
new machine only has a three-year warranty and they expect that the lifespan of this will be another 10 to
15 years. This machine, this 1999 machine gave us 20 years of service and with this refurbishment it will
give us another 10 to 15 years. So the Board of Public Works recommends that this is the most cost-
effective way of replacing that old machine. It has been vetted and approved by the Finance Committee,
the Budget Review Committee and | ask for your support in adopting this Resolution this evening.

President Wilshire

Thank you. Further discussion on the motion for final passage of Resolution 20-025? Anyone else? Ok
would the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Skip Cleaver, Alderman Harriot-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

Resolution R-20-025 declared duly adopted.

Board of Aldermen 4-28-2020 Page 15

R-20-028
Endorsers: Mayor Jim Donchess
Alderman-at-large Michael B. O’Brien, Sr.
Alderman-at-large David C. Tencza
Alderman Richard A. Dowd
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A MASTER DEVELOPMENT
AGREEMENT WITH LANSINGMELBOURNE GROUP, LLC.
e Tabled at Budget Review Committee meeting of April 27, 2020

Sue Lovering, City Clerk

President Wilshire if R-20-028 was tabled in Committee last night, | don’t believe it is before the Board for a
second reading, but | am going to yield to you on that decision.

President Wilshire

No | think it was tabled and further action in the Budget Committee will take place.

Sue Lovering, City Clerk

So | will continue on to the second reading of Resolution R-20-029?
President Wilshire
Yes, please.

R-20-029, Amended
Endorsers: Mayor Jim Donchess
Alderwoman Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman June M. Caron
Alderman Jan Schmidt
Alderman-at-Large Brandon Michael Laws
Alderman-at-Large David C. Tencza
Alderman-at-Large Lori Wilshire
RELATIVE TO ACCEPTING CDBG FUNDING UNDER THE 2020 CARES ACT; AMENDING THE
FY2020 HUD ANNUAL ACTION PLAN TO REPROGRAM EXISTING CDBG FUNDING; AND
CREATE A COVID-19 IMPACT PROGRAM
Given its second reading;

MOTION BY ALDERWOMAN KELLY TO AMEND R-20-029 BY REPLACING IT WITH THE PROPOSED
GOLDEN ROD AMENDMENT MADE AT THE HUMAN AFFAIRS COMMITTEE BY ROLL CALL

ON THE QUESTION
Alderwoman Lu

Thank you, Madam Chairman. What was the amendment?

Board of Aldermen 4-28-2020 Page 16
President Wilshire

Alderwoman Kelly, do you have what was amended?

Alderwoman Kelly

I’m trying to pull it up.

President Wilshire

OK.

Alderwoman Kelly

Give me just a moment. | don’t think it was anything from the actual Committee, | think it was just an
amendment from the original office in terms of what they were putting in there. Does that sound right,
President Wilshire?

President Wilshire

Yeah, | believe it is. | don’t think there were any funding changes.

Alderwoman Kelly

Yeah, | think there was like a minor, oh you know what it was? We had to amend the citizen participation
plan to allow for this to go through and to allow for us to allocate it. That’s what it was.

Alderwoman Lu

Thank you.

Alderwoman Kelly

Sorry | was trying to put my fingers on it but then | remembered — so that is what it was.
President Wilshire

Does anyone else have questions on the motion to amend? Seeing none, would the Clerk please call the
roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Skip Cleaver, Alderman Harriot-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

MOTION BY ALDERWOMAN KELLY FOR FINAL PASSAGE OF R-20-029 AS AMENDED BY ROLL
CALL

Board of Aldermen 4-28-2020 Page 17
ON THE QUESTION

President Wilshire

Discussion on that motion?

Alderwoman Kelly

| would like to speak on it. So just a quick overview for everyone who was unable to watch our Human
Affairs Committee. Basically this is pulling some funds and pulling it into a larger COVID response fund.
We got money from the Federal Government and we also pulled some left-over money from last year. The
Committee and also Director Marchant and Carrie Schena have done a great job of reaching out to our
current CDBG applicants and talking to them. We think that their potential plans may be shifting due to
what is going on with COVID. So this creates a fund that doesn’t take too much of a burden on what we
will be allocating in a couple of months once this is all over.

President Wilshire

Further discussion? Seeing none, the motion is for final passage as amended. Would the Clerk please call
the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Skip Cleaver, Alderman Harriot-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED
Resolution R-20-029 declared duly adopted as amended.
Alderman Jette
Madam President?
President Wilshire
Alderman Jette?
Alderman Jette
Did we skip over R-20-0207?
Alderman Klee
That’s the one that | motioned.

Alderman Dowd

We voted on that.

Board of Aldermen 4-28-2020 Page 18
Alderman Klee

Yes.

President Wilshire

Madam Clerk, we voted on that right?

Sue Lovering, City Clerk
We did.

Alderman Klee
| made the motion on that.
Alderman Jette

Ok I’m sorry | thought there were two related to the Transit Authority and one was money from the towns
and one was money for the Federal Transportation Authority. Ok thank you.

President Wilshire

You're welcome.

UNFINISHED BUSINESS — ORDINANCES - None
TABLED BUSINESS - None

NEW BUSINESS — RESOLUTIONS

R-20-030
Endorser: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman Linda Harriott-Gathright
RELATIVE TO THE TRANSFER OF $10,000 WITHIN DEPARTMENT 156 “EMERGENCY
MANAGEMENT”, FROM ACCOUNT 54407 “SOFTWARE MAINTENANCE” TO ACCOUNT 51300
“PAYROLL - OVERTIME”
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

R-20-031

Endorser: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large David C. Tencza
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman Tom Lopez
Alderman June Caron
Alderman-at-Large Lori Wilshire

Board of Aldermen 4-28-2020 Page 19

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $122,122 FROM THE STATE OF
NEW HAMPSHIRE, DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY “2020
CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM”

Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-20-032
Endorser: Alderman Richard A. Dowd
APPROVING THE COST ITEMS OF SIDEBAR AGREEMENTS BETWEEN THE NASHUA POLICE
COMMISSION AND THE NASHUA POLICE PATROLMAN’S ASSOCIATION AND THE NASHUA
POLICE SUPERVISOR’S ASSOCIATION REGARDING VACATION CARRYOVER

Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

MOTION BY ALDERMAN DOWD TO SUSPEND THE RULES FOR A SECOND READING OF R-20-032
BY ROLL CALL

ON THE QUESTION

Alderman Dowd

And I'd like to speak to it. Yes, we have Deputy Chief Testaverde here and he can give us an overview. |
have been working with the Chief and the Deputy Chief on getting this very important legislation passed
this evening because it is COVID related. Deputy Chief, would you please take over?

Jim Testaverde, Deputy Police Chief

Thank you, how’s everyone doing tonight? Thank you for having me. The current contract (inaudible) carry
over 5 vacation days into the next year up until May 1°. Once you hit May 1* it either goes into your bank
for retirement or you forfeit the days. We currently have 58 employees in these two unions that have
anywhere from 1 to 5 days that they are not using purposely because of the pandemic and we greatly
appreciate the fact that they are not just sitting Nome burning the days when we need them to come to
work. So therefore we don’t want to penalize them for it. At the same time we didn’t want them to be able
to carry it indefinitely so we set an expiration date of October 1°

Alderman Dowd

Thank you Deputy Chief. This is truly fairness to the City and to the Officers involved so | ask that we pass
this, this evening.

President Wilshire

The motion is to suspend the rules, so did we already vote on that?

Alderman Dowd

Not yet.

President Wilshire

Ok so the motion is to suspend the rules. Any further discussion on that? Alderwoman Lu.
Alderwoman Lu

Thank you, Madam Chairman. Do we have discussion on the bill itself?

Board of Aldermen 4-28-2020 Page 20
President Wilshire
We will.
Alderwoman Lu
| mean do we do it before we decide to suspend the rules?
President Wilshire
Well if you want to talk about it, we have to suspend the rules just to get it before us.
Alderwoman Lu
OH ok, thank you.
President Wilshire
The motion is to suspend the rules. Further discussion? Would the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Skip Cleaver, Alderman Harriot-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED
R-20-032
Endorser: Alderman Richard A. Dowd
APPROVING THE COST ITEMS OF SIDEBAR AGREEMENTS BETWEEN THE NASHUA POLICE
COMMISSION AND THE NASHUA POLICE PATROLMAN’S ASSOCIATION AND THE NASHUA
POLICE SUPERVISOR’S ASSOCIATION REGARDING VACATION CARRYOVER
Given its second reading:
MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-20-032 BY ROLL CALL
ON THE QUESTION

Alderman Dowd

Yes, I’d like to make a motion for final passage of R-20-032 by roll call and I’d like to also speak to that
again.

President Wilshire
Alderman Dowd.
Alderman Dowd

Yes, these side bars have been signed by both the Unions and the Police Commissioners and it was
determined that it had to come to us for a Resolution since it has some cost impact, minor as it may be.