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LEGISLATIVE YEAR 2021

ORDINANCE: O-21-078
PURPOSE: Authorizing a stop sign on Denise Street at its intersection with

Marie Avenue

ENDORSER(S): Alderman Jan Schmidt

COMMITTEE

ASSIGNMENT: Committee on Infrastructure

FISCAL NOTE: Materials, Labor and Vehicle Overhead: $166.00
ANALYSIS

This legislation authorizes a stop sign on Denise Street at its intersection with Marie Avenue.
The erection, removal and maintenance of all traffic control devices must conform to applicable
state statutes and the latest edition of the Manual on Uniform Traffic Control Devices. RSA

47:17 VIII (a). The Board should consult with the city’s Traffic Engineer to determine if this
ordinance is in compliance.

Approved as to form: Office of Corporation Counsel

By: ates Cla. He
Date: [ N yventoenr Gon

O-21-079

ORDINANCE

REVISIONS TO ORDINANCES REGARDING GRIEVANCE PROCEDURES
FOR PERSONS WITH DISABILITIES

CITY OF NASHUA

In the Year Two Thousand and Twenty One

The City of Nashua ordains that Part 1 “Administrative Legislation,” Chapter 50
“Personnel”, Article V “Grievance Procedures for Handicapped Persons” of the Nashua
Revised Ordinances, as amended, be hereby further amended by deleting the struck-through
language and adding the new underlined language as follows:

“Article V “Grievance Procedures for Handicapped Persons with Disabilities

§ 50-11. Basis of grievance procedure.

The City hereby adopts an internal grievance procedure providing for prompt and equitable
resolution of complaints alleging any action prohibited by the Office-of Revenue-Sharing's
ORS} regulations (2 1CER $1 5543} implementing Section 504 of the Rehabilitation-Act
of 1973, as- amended 290-LLS.C_§ 704), Section $04 states -in-part that ne othemwvise
qualified handicapped-individual.— shall saleby reasen-of his -haadisap,be-oneluded
from-the participation-in, be denied the benefits-of- or be-subjectedte-diserimination-under
any-program-or activity receiving federal-finaneial-assistance———“Department of Justice’s
(DOJ) regulations [28 CFR Part 35] implementing Title II of the Americans with Disabilities
Act (ADA). as amended [42 U.S.C. 12101 et seql. Title II states. in part, that "no qualified
individual with a disability shall, on the basis of disability, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination by any public entity.”

§ 50-12. Filing of complaints.

A. A complaint pursuant to this chapter shall be filed in writing, and contain the name,

and address, phone number, email, or other pertinent contact information of the
person filing it, and briefly-deseribe a description of the alleged violation of the
regulations described in section 50-11. Any individual having difficulty in making
filing a complaint in writing may contact the Seetien 594 ADA Coordinator for
assistance. An ADA Grievance Form will be made available, or a written document

that complies with this section may be submitted.

ORDINANCE O-21-079

B. Complaints shall be addressed to the Seetion-504 ADA Coordinator, Community
Serices Division, Cit-of Nashua, 18 Melberry Street, Nashua, NH 02060 telephene
£603} 880-3357 Risk Management Department, 229 Main Street. Nashua. NH 93060,
(603) 589-3350 whe-has-been-designatedte-coordinate Section 504 ADA -complanee
efferts.

C. A complaint shall be filed within 10-werking 180 calendar days after the complainant
becomes aware of the alleged violation. The Seetion 304 ADA Coordinator may
waive the ten-day 180 day requirement when in the exercise of his the ADA
Coordinator’s discretion he-concludes it is concluded that any delay was justified and
not in bad faith and that justice will be served thereby.

§ 50-13. Investigation of complaints.

An investigation, as may be appropriate, shall follow the filing of a complaint pursuant to this
chapter. The investigation will be conducted by the Seetion 5904 ADA Coordinator or his the
ADA Coordinator’s designated representative. These rules contemplate informal but
thorough investigations, affording all interested persons and their representatives, if any, an
opportunity to submit evidence relevant to a complaint. Under31-CFR 5155} QHhe-City
need net-precess-complaints front applcantsfer emple;ment-or frantapplicantsfor
admissiente-pestsecondaryeducationalinstitutions.

§ 50-14. Resolution of complaints.

A written determination as to the validity of the complaint under this chapter and a
description of the resolution, if any, shall be issued by the Seetion-504 ADA Coordinator and
a copy forwarded to the complainant no later than 3¢ 15 days after a written complaint which
meets the requirements of section 50-12, A, has been filed its-filing, The time period for a

determination may be extended if such time is reasonable, justified. and not in bad faith.

§ 50-15. Appeal procedure.

A complainant under this chapter can request a reconsideration of the case in instances where
ke-or-she the complainant is dissatisfied with the resolution. The request for reconsideration
shall be made within 40 15 calendar days to the Mayor of the City.

§ 50-16. Recordkeeping.

The Sectien-504 ADA Coordinator shall maintain the files and records of the City relating to
complaints filed under this chapter.

§ 50-17. Rights of individuals.

A. The right of a person to a prompt and equitable resolution of the complaint filed under
this chapter shall not be impaired by the person's pursuit of other remedies-sueh-as-the
filing-of a Section 504 complaintwiththe Office of Revenue-SharingUnited States

ORDINANCE O-21-079

B. Department-of the-Freasury. Utilization of this grievance procedure is not a
prerequisite to the pursuit of other remedies.

C. These This chapter rules shall be construed to protect the substantive rights of
interested persons, to meet appropriate due process standards and to assure that the
City complies with Seetion-504-andthe-ORS-regulations the ADA. This chapter is not

intended to be the exclusive grievance procedure for complaints regarding the ADA to
the City so long as any other ADA complaint procedures established within the City
require that the complaint be filed in writing, and contain the name, address. phone

number, email. or other pertinent contact information of the person filing. and a
description of the alleged violation of the regulations described in section 50-11.”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This legislation shall take effect following its passage.

LEGISLATIVE YEAR 2021

ORDINANCE: O-21-079
PURPOSE: Revisions to ordinances regarding grievance procedures for

persons with disabilities

ENDORSER(S): Mayor Jim Donchess

COMMITTEE
ASSIGNMENT: Personnel/Administrative Affairs Committee

FISCAL NOTE:

ANALYSIS

This legislation updates statutory references and amends the complaint procedures for person
with disabilities. This complaint procedure is not an exclusive procedure for ADA complaints,
allowing divisions or departments, such as Nashua Transit Authority, to have its own complaint
procedures. It is a general, “catch-all” grievance process for person with disabilities.

Approved as to form: Office of Corporation Counsel

By: November 17, 2021

Date: (7 L ee

O-21-080

ORDINANCE

UPDATING THE PURCHASING ORDINANCES

CITY OF NASHUA

In the Year Two Thousand and Twenty One

The City of Nashua ordains that Part I “Administrative Legislation”, Chapter 5
“Administration of Government” of the Nashua Revised Ordinances, as amended, be hereby
further amended by deleting the struck-through language and adding the new underlined
language as follows:

1. In Part 4 “Officers and Employees”, Article XVII “Purchasing Manager”:
Ҥ 5-69. Position established; supervision.

The Purchasing Manager shall report to the Director of the Financial Administrative
Services.

§ 5-70. Duties.

F, In addition to the purchasing authority conferred in Subsection C of this section
and in addition to any other powers and duties conferred by this article the
Manager shall:

&b——Vendors'eateleg filo Prepare, adsptand maintaina-vendssscatalogfle.
The-cataleg-file-shall-be filed according te-materials-and shall contain
deseriptions- of vendors' commodities, prices-and discounts:

€8}(7) Bulk purchases. Exploit the possibilities of buying in bulk so as to take
full advantage of discounts;

ORDINANCE O-21-080

(9}(8) Tax exemptions. Act so as to procure for the City all tax exemptions to
which it is entitled;

€8}(9)Cooperation with Chief Financial Officer. Cooperate with the Chief
Financial Officer so as to secure for the City the maximum efficiency in
budgeting and accounting;

44-(10)Disqualification of bidders. Have the authority to declare vendors who
default on their quotations, irresponsible bidders, and to disqualify them
from receiving any business from the municipality for a stated period of
time;

42}(1)Planning and review. Provide advice and assistance to City departments
in the planning and review of contract specifications, terms and
conditions, performance schedules, and other applicable contractual
matters;

€3}(12)Review of major purchasing actions. Establish and review procedures
and guidelines for annual review of major ongoing purchasing actions.

§ 5-76. Small pPurchases less than $5,000).

Where the total price of a purchase is less than $5,000 it shall be the responsibility of the
Purchasing Manager or Division Director, after adequate inquiry, to make the purchase
on the basis of price and quality.

§ 5-77. Smalt-pPurchases ¢between $5,000 teand $16,000 $25.000}.

Where the total price is greater than $5,000 but less than $40,000 $25,000 purchase shall
be made on the basis of evaluation of written price or rate quotations from an adequate
number (a minimum of 3 where feasible) of suppliers. Such price and rate quotations
shall be forwarded on suppliers’ letterhead. A copy of the written bid specification from
the requesting department must accompany the requisition for purchase and the quotation
package. The Purchasing Manager shall have the authority to award contracts based on
information received or to reject the requisition and require a public bidding process.

§ 5-78. Maier pPurchases (greater than $10.000 $25.000}.

A. All supplies and contractual services, except as otherwise provided herein, when
the estimated cost thereof shall exceed $16,000 $25.000 shall be purchased by
formal, written contract from the lowest responsible bidder, after due notice
inviting bids. All sales of personal property which has become obsolete or

ORDINANCE O-21-080

unusable, when the estimated value shall exceed $5,000, shall be sold by formal
written contract to the highest responsible bidder, after due netice inviting bids.

B. Notice inviting bids shall be posted in two appropriate places, one of which shall
be on the City’s Internet website or-by-publieation-in-atleast ene-official
newspaper inthe-City-and at least five days preceding the last day set for the
receipt of bids. The website-or-newspaper notice required herein shall include a
general description of the articles to be purchased or sold. The Manager shall also
advertise all pending purchases or sales by a notice posted on the a public bulletin
board in the City Hall.

(1) For all pending purchases or sales by sealed bids, the notice shall state
where bid blanks and specifications may be secured, and the time and
place for opening bids. The Manager shall also solicit sealed bids from all
responsible prospective suppliers who have requested their names to be
added to a bidders list, which the Manager shall maintain, by sending them
a copy of such newspaper notice er-such-other-notice as will acquaint them
with the proposed purchase or sale. In any case, invitations sent to the
vendors on the bidders list shal] be limited to commodities that are similar
in character and ordinarily handled by the trade group to which the
invitations are sent.

D. Sealed bids shall be submitted to the Manager and shall be identified as bids on
the envelope. Bids shall be opened in public either in person or virtually in an

open forum that has been publicly announced at the same time and place stated in
the public notices. A tabulation of all bids received shall be available for public

inspection.

F. The Manager shall not solicit a bid from a contractor who is in default on the
payment of taxes, licenses or other monies due the City nor shall any vendor who

has been debarred from participation in any State er Federal program be

considered for a bid award.

§ 5-84. Special purchase procedures.

A. The competitive bidding process shall not apply to the fellowing special
purchases:

REQUEST FOR PROPOSAL or more commonly referred to as an RFP, is the published request
looking for a provider of specific goods and/or services. The RFP includes the original published
document, plus any written revisions or addenda that has been provided to all respondents.

WORKS OF AUTHORSHIP means any copyrightable subject matter conceived, created, produced,
controlled or owned by Contractor or its agents, representatives or employces.

WORK PLAN shall have the meaning as described in section 3.C.2.

SECTION 3. CONTRACTOR OBLIGATIONS.
A. Organization pr LEO Vy Ht
a. Contractor is voreanized under the State of XXXXXX laws, subject to-the ~Articies-of

ncorporation-(and/or-similar-organizational -decument)-orr _fite--with the-appropriateState
~agency, and governed according-te- bylaws adopted and approved by its Board of Directors.

b. Contractor shall provide the City with a copy of any-proposed-revisions-to—its_corperate
~eharter-or-bylaws_a_minimum_of f Satie days-prior to-the- ge enn
qiay-be-eonsidered— Ce DF Bede a BE FOOLS ning an tit

c. Gentractor-shall supply the-CGity-with-a- sarmniall -charter_and-bylaw revisions no later-than
the tenth-(1 0th) day after the mectinig daté when the amendments were approved.

d. Contractor shall supply-the-City-with-a_current-copy_of the-cerporate bylaws, including-arry
approved-changes or-amendments; or or about July of cach-yearthe contract is-effective.

€. Contractor is an independently governed. -profit cerperation: and nothing in this contract
shall be interpreted as giving the City the right to mandate changes to Contractor’s bylaws, or
to govern Contractor’s daily operations except to the limited extent, if any, as may be
expressly provided herein. Notwithstanding the-foregoing, Contractor has been “authorized-

~by_its-Board_of Directors to amend its_corperate-decuments to include-nottess-than-two—
“tesidents of the City.of Nashua,and-as-approved-by Contractor's Board-of Directors, to serve
mh maciisienail ‘s-Beard-of Direetors for the-duration-of this contract.__

ctor, (the “Board”) sh
d shall have at least t

ber of hours to be worked b
Lrcousyebireaan on the services provided un er this agreement.__—— —— ———

B. ManagementandOperationofCity’sPublicAccessTelevisionFacilitiesandEquipment,Contract
FundsandOtherResoureesProvidedbyCity

1. Contractor shall efficiently manage their use of the City-owned public access cable television
network facilities and furnishings, which as of the execution date of this contract consist of:

ORDINANCE O-21-080

(4) Sole-source procurements, where the proposed purchase is manufactured
by only one company or where a sole company’s product offers
proprietary features or technology necessary for the City’s requirements.

(7) Purchases under extensions of contracts when no price increase exceeds
10% per year and where a market change has not reduced pricing in the

product category.

§ 5-91. Amendment to contracts.

For any contract previously approved by the Finance Committee, the Mayor shall inform
the Finance Committee within-lH)-business-days of any substantial amendment to the
contract terms, change in intent of originally approved scope of work, ersums-payable-te
the-centractor, or if the contract was terminated or has been delayed by more than 1 (one)
year. No contract may be amended as to its scope of work or so as to increase sums
payable to the contractor, without Finance Committee approval for amendment amounts
exceeding $25,000; and without the Board of Aldermen approval for amendment
amounts exceeding $1,000,000, except that the Mayor may approve changes in the scope
of work and/or sums payable to a contractor if all of the following conditions are met:

2. In Part 7 “Taxation and Finance”, Article XX VII “Contracts and Loans”:

Ҥ 5-138. Contracts.

B. All contracts may be signed on behalf of the City by the Mayor. Contracts under
$4,660 $10,000 may be signed on behalf of the City by employees in the
following positions:

bE)

This ordinance shall become effective upon passage.