Search

| obtained a copy of the Current Contract by making a Right to Know request of the City per RSA 91-
A. Upon seeing the same illegal provisions in the Current Contract as were included in the initial
Contract, and beginning in September or October 2018, | informed Corporation Counsel in writing on
more than one occasion that the Current Contract again contained illegal provisions regarding the
impounding of cats as “strays”. Corporation Counsel has not responded to me through present
regarding the City’s entry into the Current Contract, so | have no explanation from the City why the
Current Contract again contains illegal provisions involving the illegal expenditure of public funds. Nor
has the Mayor responded or provided some explanation. As far as | am aware, the Current Contract still
contains provisions for impounding cats and ferrets as “strays”.

It is important for the Board and the Finance Committee to recognize that, in over a year’s time, the
City and Corporation Counsel have not provided me with a legal basis or legal justification why the City is
entitled to impound cats as “strays” and/or is legally entitled to enter into a contract for the purpose of
impounding cats as “strays”. | would submit that such justification has not been provided to me because
it does not exist; instead the City is legally prohibited under current, applicable law from impounding
cats (and ferrets) as “strays”.

Based on the foregoing, | am requesting that the Board and the Finance Committee consider the
information set forth in this letter, and decline to approve a new contract between the Humane Society
and the City, or between the City and any other third-party vendor, that provides for the impounding of
cats or ferrets by the City on the basis the cat or the ferret is a “stray” or is “running at large”. Again,
such purposes or actions are illegal and involve the illegal expenditure of public funds. If the Mayor
again presents a proposed contract to the Finance Committee with such illegal provisions, | would ask
that the Finance Committee vote not to approve the contract and instead should direct the Mayor and
his administration to amend the proposed contract so as to remove any and all illegal provisions
therefrom. Please note specifically that | am not requesting that the compensation paid to the
Humane Society or to any other vendor under the proposed contract be reduced, or otherwise
modified or changed.

| am happy to answer any questions that you, the Board or the Finance Committee may have. Thank
you very much for your consideration.

Sincerely, <7
a“) c

A
, oe aft

C, a oT NN oN
Gary Braun
8 Monza Road
Nashua NH 03064

(603) 321-1296

CC: Members of Board of Alderman
Encls.

me,

Cc thls +> Be
NASHUA ~ MUNICIPAL IMPOUND CLAIM FORM for Police or ACO

Date: _ ee fj Time: 653 6 Police/ACO Control #

Officer name:

ANIMAL INFORMATION: SSH Running atlarge? _Y68 No
a

| Bite Quarantine? Yes NE) When did bite occur?
Ww i |

( provide owners info belo is known)

Other reason:

Is Animal on Hold? Yes No (If Yes, contact Officer —_ )
LOCATION (street address & city/town) of pick up: _/Z Liab Satie AF

Gender: Female . Male | Spayed Neutered

Breed: | a pee z De -
Color: Cape Pf

Other identifying featurés: J Co a
Collar: Ab. a a
License Tag #: } a tT AS Tie

OWNER INFORMATION:
LastName: bau
First Name: GOWN 2 NOC
Sireet Address: = "Monz0 Phad

Town/City: MOSAUG 7 ; Cf usar beafpheg age
State: Ni. ame en
Phone Number: (905 337 (2915 | & GAS. on ee
Owner's date of birth: uf [25 7/1989 RG

ls dog currently licensed? Yes Dog Licetise re wig
Rabies Expiration Date: La

ls a $25 cash bond required? YES ( NO

No dog, cat, or ferret shall be released or removed fr nement until the owner has provided proof that the

dog, cat, or ferret is currently vaccinated against rabies, and all applicable license, board, and care fees have
been paid. If the owner does not have proof that the dog, cat, or ferret is currently vaccinated against rabies, then the
owner may post a $25 cash bond to secure the release of the dog, cat, or ferret in order for the owner to obtain a rabies
vaccination for the dog, cat, or ferret. if, within 72 hours of the dog, cat, or ferret's release the owner provides proof of
obtaining a rabies vaccination for the dog, cat, or ferret, then the owner shail be refunded the full bond amount.
Payment of impoundment fees does not release the owner/keeper of responsibility for fines that may
be imposed by the District Court. This form releases the applicable city/town and the Humane Society
from all liability involving the impounded animal(s). .

cam f %
Owner/keeper Signature: me A ne Date_S, \ 2
Owner/keeper Printed Name: Baw 3A

Initials of HSFN staff releasing animal to owner:

MAKE A COPY OF THIS FORM AFTER THE FINAL DISPOSITION & GIVE TO ACO
mA fs Se anette nse WC OLLIUN & GIVE TO ACO

that

All dogs kept, harbored or maintained by their owners in the City shall be licensed as provided in RSA 466. The license fee shall be

amount specified in RSA 466:4, plus $1, as allowed by RSA 466:39,

§ 93-5 Dogs running at large,

it shall be unlawful for any dog to run at large. The term “at large” means off the premises of the owner

FA gas
LAr

ended 7-18-1977 by Ord. No. O-77-193; 814-199

or keeper, and not under

leash or other physical restraint of the owner or a responsible person, or not within the confines of the fenced area of an off-leash
dog park approved by the City of Nashua and animal contro! officer,

Am
7
I

A.

93-6 Impoundment of dogs, cats and ferrets found at large.

enrad 7 ys b, ened Bd r9 4 armen 4 STOTT t ™
WRenced 7-18-1977 by Ord. No. OF 7-123; amended 11-26-1977 by Ord
3 ry .

0-97-2734; 5-1-197

ad, No. C-98-42

The Dog Officer or other authorized person shall take into Custody and impound:

(1) Any dog off the premises of its owner which the Dog Officer or other authorized person has reason to believe is a stray
dog;

(2) Any dog off the premises of the owner of the dog without a current registration tag on his collar: and
(3) Any fernale dog in heat and off the premises of the owner.

If any dog, cat, or ferret seized wears a collar or harness to which is attached a registration tag, or if the owner is otherwise
known, the Dog Officer or other authorized person shall forthwith serve on the owner a notice in writing stating that the dog,
cat, ferret has been seized and-will be fiable to be disposed of or destroyed if not claimed within seven days after the serving
of notice. Notice may be served either by giving it to such person or by leaving it at the person’s usual or last known place of
abode, as determined by the registration tag or other available information.

No dog, cat, or ferret shall be released or removed from confinement until the owner has provided proof that the dog, cat, or
ferret is currently vaccinated against rabies, and all applicable license, board, and care fees have been paid. If the owner does
not have proof that the dog, cat, or ferret is currently vaccinated against rabies, then the Owner May post a $25 cash bond
with the Dog Officer or other authorized person to secure the release of the dog, cat, or ferret in order for the owner to
obtain a rabies vaccination for the dog, cat, or ferret, If, within 72 hours of the dog, cat, or ferret’s release the owner provides
proof to the Dog Officer or other authorized person of obtaining a rabies vaccination for the dog, cat, or ferret, then the
owner shall be refunded the full bond amount.

When a seized dog, cat, or ferret has been detained for seven days after seizure, with due notice given as prescribed, and the
owner has not claimed the dog, cat, or ferret, provided proof that the dog, cat, or ferret is currently vaccinated against rabies,
procured a current license or exhibited evidence of a current license if necessary, and paid all applicable license, board, and
care fees, the Dog Officer or other authorized person may cause the dog, cat, or ferret to be destroyed in the least painful
manner possible.

The Dog Officer or other authorized person may keep or cause to be kept in confinement any dog, cat, or ferret which, in
that person’s opinion, may be valuable or acceptable to new ownership, and see that such dog, cat, or ferret is placed in a
new home. in order to expedite this alternative, the Dog Officer or other authorized person shall make available to the public,
monthly,-a list by number and other reference of dogs, cats, and ferrets available. Those persons desiring to procure said
dogs, cats, or ferrets may do so by application to the Dog Officer or other authorized person and payment of applicable
adoption and licensing fees.

No dog, cat, or ferret which the Dog Officer or other authorized person has taken into custody for a second offense shall be
released unless the person to whom the dog, cat, or ferret is released pays a penalty of $25, as allowed by RSA 466:39, In
addition to meeting all other requirements of this section. If said penalty is not paid within seven days after the dog, cat, or
ferret is taken into custody, the dog, cat, or ferret may be destroyed in the least painful manner possible.

Wat dees the Animal Conirol Division do?

When does ihe Animai Control Officer {ACO} work?

How do | contact the Animal Control Officer?

Why would [need to contact the Animal Contral Cffizer?
What is the “leash law"?

What will happen if my dog is picked up for "running at large"?
if my dog is impounded, how do { reclaim it?

Does the “leash law" apply to cats?

Why do I have to license my dog?

My dog never leaves the house, why does it have to be Zcensec?
How do | obtain a license for my dag?

How often do i have to license my dag?

What if i own several dogs?

Do {i have to license my cat?

Where is the Humane Society?

What dees the Animal Conirej Division do?
The Animal Control Division enforces the state laws and ciy orcingnces as they perigin to damestic.animals. The Division also assists the public with problems
conceming wildlife.

When does the Animal Central Officer (AGO) work?
The Nashua Police Department employs anly one ACD. ACO Bob Langis works Monday through Friday from 7-2.m. to 3 pan.

How do | contact the Animal Control Officer?
Please call the Department's main telephone number at {603) 584-3500. ACO Lanois typically works on the street responding fo complaints and patrolling the city.

Why would f need to contact the Animal Control Officer?

There are many reasons that you might need the ACO. For example, if you see a dog wandering around unleashed, you may leave a message for ACO Langis so he

can patrol -your area more frequently and attempt to teke this dog into custody. if you see what appears to he a sick animal, such as a skunk or raccoon, itis important

ihat ACO Langis be made aware so he can atlempi to capture this animal. There are also limes when a neighbar's pet is @ nuisance, such as a dog that barks
tinuously. Our ACO can advise you of the best way i remedy the situation and if necessary, file a complaint.

is the “leash law"?
in Nashua, NRO 5-5 states: “it shall be unlawful for any dog to run al large. The term “at large” means off the premises of the owner ar keeper, and not under leash or
ec physical restraint of the owner or a responsible person." This means thak whenever your dog is off your property, or where you reside, the dog MUST ba physicatly
restrained; voice command is nol sufficient

What will happen if my dog is-picked up for “running at farge"?
If your dog is “impounded” for “running at large,” it will be transported to the Humane Society. if your dog is not 2 repeat offender, you will receive advice on how to
prevent another occurrence. “The owners or keepars of repeal offenders are subject to court action. .
Hf my dog is impounded, haw de I reclaim it?
= will have to go fo the Humane Society to daim your pat. You will need to show proof of a current Gily dog license or post a bond. If your dog is not currently ficensed
Should license the dog af the City Clerks office and bring the license with you when you claim your deg.

Dogs the “leash law’ apply to cats?
QAranily there is no law prohibiting cats fram “running at large?

Why do { have te Heense my dog?
Under state law, RSA 466:1, all dogs over the age of 3 months are required io be licensed with ihe city or town clerk where the dog Tives.

My dog never leaves the house, why dees it have to be Hicensad?
State law, RSA 486-1, requires ALL dogs (over 5. monins of age} be licensed. There are no exceptions for dogs that stay inside.

How do | obtain a license for my dog?
Contact the City Clerk's Office at (803) 585-3010. You will need a current Rabies Vaccination Gertificate, and you will have to pay a licensing fee. If you can provide a
spay/neuter certificate, your license fee will be at a reduced rata.

How often do | have to license my dog? ; ; ; ; /
All dogs must be licensed every year on or before May ist. If you wail and license your dog after June ist, you may be subject to late penalfies or coud action.

at if l own several dogs? ;
troup licenses are available for owners/keepers of 5 or more dogs. Please contact your City Clerk for the fee structure.

Ue | have te Heenee my cat?
Currently there is no state law requiring cats to be Hcensed.

Whare is the Humane Society?
The Dog Pound is tocated at the Humane Society, 24 Ferny Road, Neshua, NH. Please call the Shelter at (603) 889-2275 for its hours of operation or visil the Humane
Sociaty for Greater Nashua Onfine.

AGREEMENT
Humane Society for Greater Nashua Corporation and the City of Nashua, NH

AGREEMENT made this 17 day of July, 2017 by and between the City of Nashua, New
Hampshire (hereinafter “City”), a municipal corporation with a principal place of business at 229
Main Street, Nashua, New Hampshire 03061 (the “City”) and Humane Society for Greater Nashua
Corporation (HSFN) of 24 Ferry Road, Nashua, NH, 03064, (hereinafter “Contractor”) (collectively
referred to as the “Parties”). The Parties hereby enter into this Independent Contractor Agreement
(hereinafter “A greement’) under the terms and conditions set forth below.

SCOPE OF SERVICES
The Contractor agrees to perform the following services for the City:

The Humane Society for Greater Nashua Corporation shall be the designated “Pound” for the City
of Nashua, NH and will be responsible for animal impoundment services to the City of Nashua, NH
as outlined in this Scope of Services.

1, The HSFN will provide the following impoundment and quarantine services for animals
impounded by the Animal Control Officer or a Nashua Police Officer:
i0-Day Bite Quarantine of canines (stray and owned);
10-Day Bite Quarantine of owned felines: .
10-Day Bite Quarantine of owned ferrets;
7-Day impoundment of stray canines;
impoundment of stray felines for those with permanent ID only
impoundment of stray ferrets for those with permanent ID only

2. Inaccordance with RSA 466:18-a, and Nashua Revised Ordinances 93-6 Impoundment of
cogs, cats and ferrets found at lar ©, HSFN will become the lawful owner of any unclaimed
animals as follows:

Canines~ After 7 days
Felines Immediately if no permanent identification is found

Felines— After 7 days if permanent identification was found, but the animal remained..«

unclaimed

Ferrets~ Immediately if no permanent identification is found

Ferrets-- After 7 days if permanent identification was found, but the animal remained
unclaimed

The HSFN shall be responsible for the care of any animal of which it becomes the lawful owner.

3. The HSFN shall provide 24/7 access to the facilities to the Animal Control Officer and/or
ofticers of the Nashua Police Department.

* sy

— 4 Joe
wee Ay — ‘ae

AMENDED AND RESTATED AGREEMENT

Humane Society for Greater Nashua Corporation and the City of Nashua, NH

AGREEMENT made this {| 7? day of LM bg fo017 by and between the City of
Nashua, New Hampshire (hereinafter “City”}, 2 municipal corporation with a principal place of
business at 229 Main Street, Nashua, New Hampshire 03061 (the “City”) and Humane Society for
Greater Nashua Corporation CHSFN) of 24 Ferry Road, Nashua, NH, 03064, thereinafter
“Contractor”) (collectively referred to as the “Parties”). The Parties hereby enter into this
pacbendent Contractor Agreement (hereinafter “Agreement”) under the terms and conditions set

rth below.

SCOPE OF SERVICES
The Contractor agrees to perform the following services for the City:

The Humane Society for Greater Nashua Corporation shall be the designated “Pound” for the City
of Nashua, NH and will be responsible for animal impoundment services to the City of Nashua, NH
as Outlined in this Scope of Services. ;

i, The HSFN will provide the following impoundment and quarantine services for animals
impounded by the Animal Control Officer or a Nashua Police Officer:

0-Day Bite Quarantine of canines (stray and owned);
10-Day Bite Quarantine of owned felines;

10-Day Bite Quarantine of owned ferrets; .

7-Day Impoundment of stray canines;

2. In accordance with RSA 466:18-a, and Nashua Revised Ordinances 93-6 impoundment of
dogs. cats and ferrets found at large, HSFN will become the lawful owner of any unclaimed
animals as follows:

Canines—~ Afler 7 days
Felines~ Immediately if no permanent identification is found
-Felmes— After 7 days if permanent identification was found, but the animal remained
unclaimed
Ferrets~ Immediately if no permanent identification is found
Perrets- After 7 days if permanent identification was found, but the animal remained
unclaimed

The HSFN shall be responsible for the care of any animal of which it becomes the lawful owner.

3, The HSFN shall provide 24/7 access to the facilities to the Animal Control Officer and/or
officers of the Nashua Police Department. -

eee aN

A my , "
x Ah Oe ~ Ce

AGREEMENT

paeeenienates

Humane Society for Greater Nashua Corporation and the City of Nashua, NH

AGREEMENT made this ss day of __ , 2018 by and between the City of
Nashua, New Hampshire (hereinafter “City”), a municipal corporation with a principal place of
business at 229 Main Street, Nashua, New Hampshire 03061 (the “City”)} and Humane Society for
Greater Nashua Corporation (HSFN) of 24 Ferry Road, Nashua, NH, 03064, (hereinafter
“Contractor’) (collectively referred to as the “Parties”). The Parties hereby enter into this
Independent Contractor Agreement (hereinafter “Agreement’) under the terms and conditions set
torth below.

SCOPE OF SERVICES
The Contractor agrees to perform the following services for the City:

The Humane Society for Greater Nashua Corporation shall be the designated “Pound” for the City
of Nashua, NH and will be responsible for animal impoundment services to the City of Nashua, NH
as outlined in this Scope of Services.

1. The HSFN will provide the following impoundment and quarantine services for animals
impounded by the Animal Control Officer or a Nashua Police Officer
10-Day Bite Quarantine of canines (stray and owned);
10-Day Bite Quarantine of owned felines;
10-Day Bite Quarantine of owned ferrets:
7-Day inpoundment of stray canines;
Impoundment of stray felines for those with permanent ID only

Impoundment of stray ferrets for those with permanent ID only

i

In accordance with RSA 466:18-a, and Nashua Revised Ordinances 93-6 Impoundment of
dous. cats and ferrets found at larue, HSFN will become the lawful owner of any unclaimed
animals as follows:

Canines— After 7 days

Felines -- Immediately if no permanent identification is found

Felines-- After 7 days if permanent identification was found. but the animal remained
unclaimed

Ferrets— Immediately ifno permanent identification is found

Ferrets-- After 7 days if permanent identification was found, but the animal remained
unclaimed

The HSFN shall be responsible for the care of any animal of which it becomes the lawful owner.

3. The HSFN shall provide 24/7 access to the facilities to the Animal Control Officer and/or
officers of the Nashua Police Department.

~— % = C “h
an 4 4 ange * a
“ Vy aba ft ' > Seg _

become

.

In the event that any current law, regulation, or ordinance, either local or staié, is amended,
rescinded, newly enforced or enacted which affects this Agreement, the parties shall, in good
faith, amend this Agreement in order to be in compliance with said Legislative changes. If said
changes cause an increase in fees or costs by either party, the parties in good faith shall amend
this Agreement te reflect the treatment of said fees or costs.

INDEPENDENT CONTRACTOR

The Contractor agrees that HSFN is completely independent from the City and is not an
employee of the City. The Contractor warrants that HSFN may work for other individuals and/or
entities.

CHOICE OF LAW AND VENUE
This Agreement shall be governed exclusively by the laws of the State of New Hampshire and

any litigation regarding the interpretation or enforcement of this Agreement shall only be
brought in a court located in the State of New Hampshire.

ee .
a ‘sy,
ee con f .
fo i va f \ f 3
iy. ak LASS vA fre} Le
IAPS CN AANOVEES LE EP Gee Aa
tak Lt Fa ot 5 =
Douglas Uspry, Executive Digecton fs ames Donchess, Mayor
= wp d : é . LRT aedecc. MIE
Humane Society for Greater Nusinia Corporation * ity of Nashua, NH
~ a s ic
BWA GL, Jf. JE
ou 1&3 ELL LB

£

Date 4 Date |

cA

FINANCE COMMITTEE

JULY 10, 2019

7:00 pm Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From:
Re:

From:
Re:

From:
Re:

From:
Re:

From:
Re:

From:
Re:

Dan Kooken, Purchasing Manager
Contract with Sapphire Digital for Smartshopper (Value: $0); Department: 113 Benefits
Fund: Self Insurance

Dan Kooken, Purchasing Manager
Contract Renewal with the Humane Society of Greater Nashua for FY20 (Value: $99,081)
Department: 109 Civic & Community Services; Fund: General

Dan Kooken, Purchasing Manager
Purchase of Various Chemicals for the Wastewater Treatment Facility (Value Total of: $601,000)
Department: 169 Wastewater; Fund: Wastewater

Dan Kooken, Purchasing Manager
FY20 Purchase of Trash and Recycling Toters (Value: $145,000); Department: 168 Solid Waste;
Fund: Solid Waste

Dan Kooken, Purchasing Manager
Purchase of Catepillar 826K Compactor Teeth (Value: $34,250); Department: 168 Solid Waste
Fund: Solid Waste

Dan Kooken, Purchasing Manager
Contract for Canal Street Bridge Repairs to Abutment (Value: $39,905); Department: 160
Admin/Engineering; Fund: Capital

UNFINISHED BUSINESS — None

NEW BUSINESS - None

RECORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

®\ THE CITY OF NASHUA “the Cate Cty”

Administrative Services

Purchasing Department

July 4, 2019
Memo #20-002

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT WITH SAPPHIRE DIGITAL FOR SMARTSHOPPER (VALUE: $0)
DEPARTMENT: 113 BENEFITS; FUND: SELF INSURANCE

Please see the attached communication from Larry Budreau, Human Resources Director, dated June 27,
2019 for information related to this purchase.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The Human Resources Director and the Purchasing Department recommend the approval of this contract
with $0 cost to Sapphire Digital of Lyndhurst, NJ.

Respectfully,
4 i
WAM

Dan Kooke
Purchasing Manager

Ce: L Budreau J Graziano

229 Main Street « Nashua, New Hampshire 03061 e Phone (603) 589-3330 Fax (603) 589-3233 |