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R-20-031

RESOLUTION

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”

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 Nashua Police Department are authorized to accept and appropriate $122,122 from the State
of New Hampshire, Department of Justice into Police Grant Activity “2020 Coronavirus
Emergency Supplemental Funding (CESF) Program” for the purpose of preventing, preparing
for, and responding to the Coronavirus. This funding shall be in effect for the period of
1/20/2020 — 1/20/2022. No iocal match is required.

LEGISLATIVE YEAR 2020
RESOLUTION: R-20-031
PURPOSE: 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”
SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT:
FISCAL NOTE: Fiscal impact is a $122,122 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the City of Nashua and the Nashua Police Department to accept and
appropriate $122,122 from the State of New Hampshire, Department of Justice for the purpose of
preventing, preparing for, and responding to the Coronavirus. This funding shall be in effect for
the period of 1/20/2020 ~ 1/20/2022. No local match is required.

Approved as to account Financial Services Division
number and/or structure,

and amount: By: /s/ John Griffin
Approved as to form: Office of Corporation Counsel

) Bat Coulee
Date: ”| Opal DIO

R-20-032

RESOLUTION

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

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the cost items of the
attached sidebars regarding vacation carryover between the Nashua Police Commission and the
following Unions are hereby approved:

1. Nashua Police Patrolman’s Association (NPPA); and
2. Nashua Police Supervisor’s Association (NPSA).

The sidebar agreements cover the period starting April 17, 2020 through the duration of the State
of New Hampshire state of emergency and are concerned with extending the time period allowed to
use vacation accruals.

MEMORANDUM OF AGREEMENT

This Agreement is made this }7 day of di i , 2020 by and between the Nashua
Police Patrolmen’s Association and the Nashua Police Commission, City of Nashua, New
Hampshire.

WHEREAS, the State of New Hampshire and the City of Nashua are experiencing a
public health crisis, due to the Covid-19 pandemic; and

WHEREAS, the Govemor of New Hampshire, Christopher T. Sununu, declared a State
of Emergency in New Hampshire as of March 13, 2020; and

WHEREAS, the State of Emergency has been extended indefinitely; and

WHEREAS, due to the State of Emergency, members of bargaining unlt may be unable
to use vacation time as desired.

NOW, THEREFORE, the parties hereby agree as follows:

1. Language in Article 12 of the Collective Bargaining Agreement shall be modified for
the duration of the State of Emergency and such additional time as further set forth

below.

2. Carry Over Vacation Time — Full-Time Employees:
Vacation shall be taken prior to the end of the calendar year in which it is received,
however, up to five (5) vacation days can be carried over into the next calendar year,
but all days carried over must be taken by October 1 of that year except that a
vacation block week carry over may extend beyond October | if begun before that
date. This carry over provision shail not affect or change the provisions regarding
maximal accrual amounts or loss of accrual amounts contained in this article.
Vacation time accrued but not used shall, upon retirement, be paid in a lump sum to
the employee. Unused vacation time will be paid in a lump sum to the employee's
estate if he dies while employed by the Department.

The parties have executed this Agreement on the day first written above,

NASHUA POLICE COMMISSION NASHUA POLICE PATROLMEN’S
CITY OF NASHUA, NH ASSOCIATION

By: es Jone
(title) Che pK
~T?#O

MEMORANDUM OF AGREEMENT

This Agreement is made this {7 day of , 2020 by and between the Nashua Police
Supervisor’s Association and the Nashua Police Commission, City of Nashua, New
Hampshire.

WHEREAS, the State of New Hampshire and the City of Nashua are experiencing a
public health crisis, due to the Covid-19 pandemic; and

WHEREAS, the Governor of New Hampshire, Christopher T. Sununu, declared a State
of Emergency in New Hampshire as of March 13, 2020; and

WHEREAS, the State of Emergency has been extended indefinitely; and

WHEREAS, due to the State of Emergency, members of bargaining unit may be unable
to use vacation time as desired.

NOW, THEREFORE, the parties hereby agree as follows:

i, Language in Article 10 of the Collective Bargaining Agreement shall be modified for
the duration of the State of Emergency and such additional time as further set forth
below.

2. Unused Vacation Accruals:

Vacation shall be taken prior to the end of the calendar year in which it is received,
however, up to five (5) vacation days can be carried over into the next calendar year, but
all days carried over must be taken by October 1 of that year except that a vacation block
week carry over may extend beyond October | if begun before that date. This carry over
provision shall not affect or change the provisions regarding maximal accrual amounts or
loss of accrual amounts contained in this article. Vacation time accrued but not used
shall, upon retirement, be paid in a lump sum to the employee. Unused vacation time will
be paid in a lump sum to the employee's estate if he dies while employed by the
Department.

The parties have executed this Agreement on the day first written above.
NASHUA POLICE COMMISSION NASHUA POLICE SUPERVISOR’S
CITY OF NASHUA, NH ASSOCIATIO
fled Coser
By: [efe fijadd By’ TS id ey
(title) Ip kk (title) Re dent \
4-(7-70

15.

16.

17.

18.

the whole of the work was completed on the date indicated in the notice or provide
Independent Contractor with a written list of work not completed. With respect to work
listed by the City of Nashua as incomplete, Independent Contractor shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final
acceptance of a project by the City of Nashua shall be the date upon which the Board of
Public Works or other designated official accepts and approves the notice of completion.

Taxes. Independent Contractor shall pay all taxes, levies, duties, and assessments of every
nature due in connection with any work performed under the contract and make any and
all payroll deductions required by law. The contract sum and agreed variations to it shall
include all taxes imposed by law. Independent Contractor hereby indemnifies and holds
harmless the City of Nashua from any liability on account of any and all such taxes, levies,
duties, assessments, and deductions.

Non-Waiver of Terms and Conditions. None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or
future default, breach, or modification of any of the terms and conditions of the contract
unless expressly stipulated to by the City of Nashua in a written waiver.

Rights and Remedies. The duties and obligations imposed by the contract and the rights
and remedies available under the contract shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.

Prohibited Interests. Independent Contractor shall not allow any officer or employee of
the City of Nashua to have any indirect or direct interest in this contract or the proceeds of
this contract. Independent Contractor warrants that no officer or employee of the City of
Nashua has any direct or indirect interest, whether contractual, noncontractual, financial or
otherwise, in this contract or in the business of Independent Contractor. If any such interest
comes to the attention of Independent Contractor at any time, a full and complete disclosure
of the interest shall be immediately made in writing to the City of Nashua. Independent
Contractor also warrants that it presently has no interest and that it will not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this contract. Independent
Contractor further warrants that no person having such an interest shall be employed in the
performance of this contract. If City of Nashua determines that a conflict exists and was
not disclosed to the City of Nashua, it may terminate the contract at will or for cause in
accordance with paragraph 8.

In the event Independent Contractor (or any of its officers, partners, principals, or
employees acting with its authority) is convicted of a crime involving a public official
arising out or in connection with the procurement of work to be done or payments to be
made under this contract, City of Nashua may terminate the contract at will or for cause in
accordance with paragraph 8. Upon termination, Independent Contractor shall refund to
the City of Nashua any profits realized under this contract, and Independent Contractor
shall be liable to the City of Nashua for any costs incurred by the City of Nashua in
completing the work described in this contract. At the discretion of the City of Nashua,
these sanctions shall also be applicable to any such conviction obtained after the expiration
or completion of the contract.

Independent Contractor warrants that no gratuities (including, but not limited to,
entertainment or gifts) were offered or given by Independent Contractor to any officer or

GC 8 of 9

LEGISLATIVE YEAR 2020
RESOLUTION: R-20-032

PURPOSE: 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

ENDORSER(S): Alderman Richard A. Dowd

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: The cost analysis is as follows: Financial Services estimates that
the cost of these proposed sidebars is less than $1,000.

ANALYSIS

This resolution approves 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 concerning extending the time period allowed to use vacation accruals. The
Agreements start on April 17, 2020 and extend through the State of New Hampshire state of
emergency. The board of aldermen must vote whether or not to approve the cost items of these
sidebars within thirty days of receipt. RSA 273-A:3 II (c).

Approved as to account Financial Services Division
number and/or structure,

and amount: By:__/s/ John Griffin
Approved as to form: Office of Corporation Counsel

By:__/s/ Dorothy Clarke

Date:_ April 23, 2020

R-20-033

RESOLUTION

AUTHORIZING THE MAYOR TO EXECUTE A CONFIRMATORY DEED TO
PENNICHUCK WATER WORKS

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is
authorized to execute a Confirmatory Deed to Pennichuck Water Works for undeveloped
property located in the northeast corner of the City, substantially in the form of the attached.

Return to:
Pennichuck Corporation
25 Manchester Street
Merrimack, New Hampshire 03054

TAX STAMP: EXEMPT

CONFIRMATORY DEED

KNOW ALL BY THESE PRESENTS, that the City of Nashua, a municipal corporation, with a
mailing address of 229 Main Street, Nashua, Hillsborough County, New Hampshire, 03061 for
consideration paid, grants to Pennichuck Water Works, Ine., a New Hampshire corporation,

with a place of business at 25 Manchester Street, Merrimack, Hillsborough County, New
Hampshire 03054, WITHOUT COVENANTS, the following described premises:

A certain parcel of land situated on Harris Road, also known as Ferry Road, in Nashua,
County of Hillsborough and State of New Hampshire, shown as Lot 57 on a Plan of Land
entitled, "Plan of Farley & Johnson's ‘Concord Street Addition’, Nashua, N.H. Scale: |
Inch = 40 Feet, 1897" recorded with the Hillsborough County Registry of Deeds as Plan
No, 234-1.

For further reference, Lot 57 was also known as City of Nashua Tax Map 52, Lot 57. See
also Voluntary Merger of Parcels dated March 20, 2001 and recorded in the Hillsborough
County Registry of Deeds on March 20, 2001 in Book 6375, Page 322.

Meaning and intending to describe and convey the same premises as conveyed to the City of
Nashua by Tax Deed dated March 31, 1961 and recorded in the Hillsborough County Registry
of Deeds at Book 1638, Page 123 on March 31, 1961. See also Tax Deed, dated May 11,
1961 and recorded in the Hillsborough County Registry of Deeds in Book 1643, Page 4 on
May 12, 1961.

This deed is being recorded to replace the original deed which was lost, destroyed, or
misplaced.

This deed is exempt from transfer tax pursuant to NH-RSA 78-B:2.

WITNESS my hand this day of April, 2020.

CITY OF NASHUA
By:
Witness James W. Donchess, Mayor
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH
Then personally appeared before me on this day of April, 2020, the said James W.

Donchess, in his capacity as Mayor of the City of Nashua, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument, and acknowledged that he
executed the same for the purposes therein contained on behalf of the City of Nashua.

Before me:

Name:
Notary Public
My Commission Expires: