Search

THE CITY OF NASHUA “the Gate City’

Division of Public Health and Community Services

Community Services Department

June 28'*®, 2019

To: John Griffin, CFO; Daniel Kooken, Purchasing Manager
From: Heidi Peek-Kukulka, Health Officer

Subject: Renewal of Humane Society Contract for FY20

The Humane Society for Greater Nashua Corporation (HSFN) has provided
shelter, pound, isolation, and quarantine services for the City of
Nashua and has provided these services for over 20 years.

Nashua Revised Ordinances section 93-7 states, “The Mayor, with the
assistance and cooperation of the Dog Officer, shall select a suitable
place of confinement for impounded animals and those held under
suspicion of rabies and after biting.” HSFN has a proven record of
providing impoundment and quarantine services, has the facility space
to accommodate the needs of the City of Nashua’s Pound, and HSFN staff
has worked closely with City staff throughout the years to develop
sound policies and procedures to adequately provide efficient and
effective methods of handling impoundment and quarantine services.

The Division of Public Health and Community Services, Environmental
Health Department and the Nashua Police Department Animal Control
Officer work closely with HSFN and oversee the contract deliverables
and communications with HSFN.

The attached contract is effective July 1, 2019 through June 30, 2020
in the amount of $99,081, to be paid in equal monthly installments.
Services include shelter for dogs, cats, rabbits and various other
small animals, adoption of stray animals, veterinary services for
stray animals surrendered to the HSFN, owner location of stray
animals, quarantine of unvaccinated dogs and cats which have bit a
human or another animal, and processing of animals found to be
positive for rabies.

In accordance with § 5-84 A (4) Special Purchasing Procedures for
Sole Source Procurements, the Division of Public Health recommends
that the contract with HSFN located at 24 Ferry Road, Nashua, NH, be
renewed for an additional year.

229 Main Street e Nashua, New Hampshire 03060 e Phone (603) 589-3307 e Fax (603) 594-3434

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

AGREEMENT made this day of , 2019 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 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:

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 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. 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 —After 7 days

Felines — Immediately if nc 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 HSEN shall be responsible for the care of any animal of which it becomes the lawful
owner.

A regular meeting of the Board of Aldermen was held Tuesday, August 9, 2016, at 7:30 p.m. in the
Aldermanic Chamber.

President Brian S. McCarthy presided; City Clerk Patricia D. Piecuch recorded.

Prayer was offered by City Clerk Patricia D. Piecuch; Alderman-at-Large David W. Deane led in the
Pledge to the Flag.

The roll call was taken with 15 members of the Board of Aldermen present.
Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also present.

REMARKS BY THE MAYOR

Mayor Donchess

First | wanted to mention the resolution which proposes the escrows. You can see the list of escrows
attached to the resolution. The main proposals that | have made is that we take surplus funds from this
past year, fiscal °16, which totals about 1% of the city budget and devote them primarily to three of our
reserve accounts. First of all we proposed that a significant amount of funds be transferred into the
Capital Equipment Reserve Fund and secondly we propose that $300,000 be transferred into the
building fund. This pays for improvements to City Hall and elsewhere. We need to replenish this fund in
part because the elevator out here that some of you take to come up to the second floor has been
breaking down very regularly and has trapped people recently and after 80 years of use, it needs to be
replaced at a cost of $190,000. The other transfer to a reserve fund that is proposed in the escrow
resolution is a transfer into the reserve fund for the purposes of a pension cost which you have on your
agenda tonight. | want to make sure that people understand that this is a different proposal than we
have considered in the past. The Board, over a couple of different terms, has considered whether to use
money that the city had saved in its undesignated reserve fund; to use $2 million that is saved there to
transfer into a reserve account to help us offset increased pension costs which we know are going to hit
us this coming year or in the current fiscal year. That failed because those were not appropriated funds,
although saved by the city they had not actually been appropriated through the budget and required a
spending cap override. What we are proposing here is to establish the reserve fund which the committee
has recommended but also, and hopefully you will pass that tonight, but the escrow proposal would fund
that reserve fund with surplus funds meaning funds that have been appropriated that were previously
appropriated by the Board through the budget process in the last fiscal year and therefore we can save
money in this fashion towards pension costs without any kind of spending cap override. Let me repeat,
because these funds have already been appropriated but unspent and the use of those funds does not
require a spending cap override because they have already been appropriated under the cap in the
previous fiscal year which ended on June 30, 2016. In making these proposals | was listening to many of
the members of the Board of Aldermen who, during the budget process, expressed the desire that we
make as great of an effort as possible to reserve funds, especially for capital equipment but also for the
pension obligation that we have coming and in light of those comments and many of the thoughts
expressed, again, the escrows propose that we use some of these funds that are unspent this year to
save for the future and help us with equipment and a very serious pension obligation.

| also wanted to mention a resolution that represents a significant step forward for us here in the
downtown and on the Nashua River and that is R-16-056 which would authorize a license agreement
with the owner of the Millyard Technology Building to establish what essentially would be a public boat
launch along the river; the rides which used to be given by Rocky LaPierre some years ago where he
launched those boat rides. The owner has kindly agreed to give the city an easement with a very minor
condition that people who are going to use this sign in and indicate who they are right there on the site.
He has also agreed to reserve some parking spaces for people who want to launch their boats and this
of course will be referred to committee where it will be explained in detail but | think this will enable us to
take another step to enhance use of the river and the riverfront; the beautiful asset of the Nashua River
that we have in our downtown.

General Terms and. Conditions

DEFINITIONS Unless otherwise required by the context, “Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only contractual
relationship created by this contract is between the City of Nashua and Professional Engineer, and
nothing in this contract shall create any contractual relationship between the City of Nashua and
Professional Engineer's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that Professional Engineer is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of the
City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this contract.
Professional Engineer warrants that all work shall be performed with the degree of professional
skill, care, diligence, and sound practices and judgment that are normally exercised by recognized
professional firms with respect to services of a similar nature. It shall be the duty of Professional
Engineer to assure at its own expense that all work is technically sound and in conformance with
all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. In addition to all other rights which the City of Nashua may have, Professional
Engineer shall, at its own expense and without additional compensation, re-perform work to correct
or revise any deficiencies, omissions, or errors in the work or the product of the work or which
result from Professional Engineer's failure to perform in accordance with this standard of care. Any
approval by the City of Nashua of any products or services furnished or used by Professional
Engineer shall not in any way relieve Professional Engineer of the responsibility for professional
and technical accuracy and adequacy of its work. City of Nashua review, approval, or acceptance
of, or payment for any of Professional Engineer's work under this contract shall not operate as a
waiver of any of the City of Nashua's rights or causes of action under this contract, and Professional
Engineer shall be and remain liable in accordance with the terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under this
contract. The City of Nashua reserves the right to approve key personnel assigned by Professional
Engineer to perform work under this contract. Approved key personnel shall not be taken off of
the project by Professional Engineer without the prior written approval of the City of Nashua,
except in the event of termination of employment. Professional Engineer shall, if requested to do
so by the City of Nashua, remove from the job any personnel whom the City of Nashua determines
to be incompetent, dishonest, or uncooperative.

CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by

GC 2 of 11

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

4. In accordance with Nashua Revised Ordinances Chapter 93-6 Impoundment_ of
dogs, cats and ferrets found at large, the Contractor will post a monthly listing of all
strays available for adoption on the HSFN website.

5. In accordance with State of New Hampshire Law, no wildlife of any kind will be
accepted into the shelter living or dead.

6. HSEN will be required to provide the following services for any animal subject to
impoundment from the Animal Control Officer or Nashua Police Department:

e HSFN will maintain records of all animals accepted at the shelter;
If contact information is provided, HSFN will be responsible for notifying by
telephone, text, email, fax or postal mail, within a reasonable time period not to
exceed 24 hours, the owners of all animals brought to the shelter by the Animal
Control Officer or Nashua Police Officers;

e HSFN will retain confirmatory proof of notification of the owner;
HSFN will verify Rabies vaccinations for post-quarantine animals;

e Provide impounded animals with adequate food, water and shelter;

7. HSFN will provide, or ensure provision and payment of, all rabies-related services for
canines, felines and ferrets for the City of Nashua impounded by the Animal Control
Officer or a Nashua Police Officer only, in accordance with RSA 436 Rabies Control.

8. HSFN will ensure the proper handling of any remains of animals that have been prepared
for rabies testing.

9. HSFN will provide a copy of Post Bite Veterinarian Reports to the Nashua
Environmental Health Department within 48 hours of veterinarian exam for animals
impounded/quarantined at HSFN. Post Bite reports may be submitted by postal mail or

electronically to EH@NashuaNH.Gov.
CITY RESPONSIBILITIES

The City of Nashua will be responsible for the oversight of the Contract with the Humane
Society for Greater Nashua and will work with HSFN to develop service procedures
inciuding but not iimited to: animai impoundment procedures; rabies protocois; provide
coverage of Animal Control Officer responsibilities during times that the ACO is not
available; assist the HSFN with owner-identification and notification; cooperate with NH
Fish & Game for the handling of wild or feral animals; the ACO will obtain, become trained
in the use of, and utilize a microchip scanner to determine if an animal is owned or stray;
and will pay $50.00 each for the replacement of facility keys lost by the Animal Control
Officer or Nashua Police Department employees. The City will not impose any adoption
criteria to be used as HSFN has policies and procedures in place regarding adoption of animals.
No obviously sick or injured animals will be deposited at HSFN by any city agent.

PLACE OF PERFORMANCE

The work described above shall be performed at Humane Society for Greater Nashua
Corporation, 24 Ferry Road, Nashua, NH 03064 or in Humane Society approved foster
families or facilities.

TIME PERIOD

The Contractor agrees to commence work on July 1, 2019 and complete all functions
required in a timely, professional and competent manner. This Agreement will expire on
June 30, 2020.

TERMINATION CLAUSES

The City or Contractor can terminate this Agreement, with a 90-day written notice. The
City will pay the Contractor a prorated amount for all services performed up to that date.
The City is entitled to all contract-related notes, drafts and documents produced by the
Contractor up to that date.

PAYMENT FOR SERVICES
The Contractor will be paid as follows:
The Contractor will be paid in monthly increments of $8,256.75. Payment will be made

through the City payment system. Total contract amount for program expenses cannot
exceed $99,081.00.

REPORTING

The City shall not supervise or directly control the work of the Contractor. The City does
reserve the right to inspect the work being performed. The Contractor shall have the ultimate
authority to determine the hours of work, the length of workdays, the means and methods of
performance of the work, and the City shall not interfere in this regard.

The designated City Representative for this Agreement is the Director of Public Health and
Community Services. All notices, project materials, requests by Contractor, invoice forms,
monthly reports, and any other communication about the contract, shall be addressed or be
delivered to the City Representative.

The City of Nashua’s Health Officer and Animal Control Officer both have Statutory Authority
over the Impoundment and Quarantine activities within the City of Nashua. By signing this
Agreement, the Contractor agrees to abide by the Statutory Authority granted the Health Officer
and the Animal Control Officer under NH RSA 436 and 466, as well as by the Nashua Revised
Ordinances, Chapter 93, Animals.

All concerns regarding this Agreement and the Scope of Services described within this
Agreement shall first be directed to the Division of Public Health and Community Services

3

Director. The Director shall bring forward any concerns to the appropriate City department or
City Official.

The Contractor shall submit by e-mail, an electronic copy of the required Impoundment &
Quarantine Monthly Report to the Division of Public Health and Community Services Director.

The Executive Director and/or the designated Directors of the HSFN shall meet with the
following City staff at least two (2) times per year to review the monthly reports and contract
deliverables: Director of the Division of Public Health and Community Services, Health Officer,
Animal Control Officer, Chief of Police or designee, and Finance Manager for the Division of
Public Health and Community Services.

CITY INSPECTION OF PLACE OF PERFORMANCE AND CONTRACT MATERIALS

The Contractor’s Place of Performance shall be subject to inspection and compliance with the
City of Nashua’s Revised Ordinance 93-3, Keeping and Housing Animals. This shall
include: the location, construction, erection and sanitary condition of all structures used in
the fulfillment of the Scope of Services of this Agreement. In accordance with NRO 93-3,
the Contractor shall submit any plans to the Board of Health before any building used in
the keeping and housing of animals under this Agreement shall be constructed, altered,
extended or moved.

The books, records, documents and accounting procedures and practices of the Contractor related
to this contract shall be subject to inspection, examination and audit by the City, including, but
not limited to, the contracting agency and Corporation Counsel.

The City will provide at least 48 hours notice of inspection.
SUBCONTRACTORS

The Contractor may, at his/her discretion and at his/her own expense, employ such
subcontractors as may be necessary for the performance of work. The Contractor agrees to pay
any wages, taxes, unemployment insurance, withholding taxes, and workers’ compensation
insurance required by law for subcontractors. Said subcontractors will not be paid or supervised
by the City. The Contractor shall provide the City with prior notice of the Contractor’s intent to
employ subcontractors to perform any services required by this Agreement. The City shall have
the right to reject any subcontractors for good cause. Prior approval by the City of a
subcontractor is not required in emergency situations.

INSURANCE

The Contractor agrees to provide his/her own workers’ compensation and liability insurance for
work performed, naming the City as additional insured. The contractor must maintain required
limits of coverage for the duration of the contract/project.

Prior to commencement with the project, the selected agency/individual will be required to
provide proof of insurance, ten (10) days prior to commencing work under the contract document
and will notify the City of any changes in coverage or change of carrier should they deviate from
the following:

4

- Comprehensive General Liability - $1,000,000 per occurrence/$2,000,000 aggregate -
City of Nashua must be named as an additional insured.

- Workers' Compensation by a Class A Carrier as required by statute/Employers' Liability
of $500,000/$500,000/$500,000.

Contractor shall maintain for the duration of the contract all required insurance coverage.
Coverage must be written with an insurance carrier licensed to do business in the State of New
Hampshire. City of Nashua requires thirty (30) days written notice of cancellation or material
change in coverage.

Contractor is responsible for filing updated Certificates of Insurance with the City of Nashua
Risk Management Department during the life of the contract. A copy of the current Certificates
of Insurance must be submitted to the Director of the City of Nashua’s Division of Public Health
and Community Services within thirty (30) days of the signing of the Agreement.

Regardless of the coverage provided by any insurance, the Contractor agrees to indemnify and
shall defend and hold harmless the City, its agents, officials, employees and authorized
representatives and their employees from and against any and all suits, causes of action, legal or
administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,
attorneys' fees, costs and expenses of any kind or nature in any manner caused, occasioned, or
contributed to in whole or in part by reason of any negligent act, omission, or fault or willful
misconduct, whether active or passive, of the Contractor or of anyone acting under its direction
or control or on its behalf in connection with or incidental to the performance of this
contract. The Contractor's indemnity, defense and hold harmless obligations, or portions thereof,
shall not apply to liability caused by the sole negligence or willful misconduct of the party
indemnified or held harmless. The City agrees to indemnify, defend and hold harmless the
Contractor, its agents, officials, employees and authorized representatives and their employees
from and against any and all suits, causes of action, legal or administrative proceedings,
arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of
any kind or nature resulting or arising from the City’s, its agents’ or representatives’ sole
negligence or willful conduct.

COMPLIANCE WITH APPLICABLE LAWS

The Contractor, at all times, shall fully and completely comply with all applicable local, state and
federal laws, statutes, regulations, ordinances, orders, or requirements of any sort in carrying out
the obligations of this contract, including, but not limited to, all state and local laws and
requirements regarding the impoundment and quarantining of animals, federal, state, and local
accounting procedures and requirements, all immigration and naturalization laws, and the
Americans With Disabilities Act. The Contractor shall, throughout the period services are to be
performed under this contract, monitor for any changes to the applicable laws, statutes,
regulations, ordinances, orders, or requirements, shall promptly notify the City in writing of any
changes to the same relating to or affecting this contract, and shall submit detailed
documentation of any effect of the change in terms of both time and cost of performing the
contract.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

This contract constitutes the entire contract between the City and the Contractor. The parties
shall not be bound by or be liable for any statement, representation, promise, inducement, or
understanding of any kind or nature not set forth in this contract. No changes, amendments, or
modifications of any terms or conditions of the contract shall be valid unless reduced to writing
and signed by both parties.

In the event that any current law, regulation, or ordinance, either local or state, 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 to 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 shail 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.

Douglas Barry, Executive Director James Donchess, Mayor
Humane Society for Greater Nashua Corporation City of Nashua, NH
Date Date

THE CITY OF NASHUA “the Cate City"

Administrative Services

Purchasing Department

July 4, 2019
Memo #20-001

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF VARIOUS CHEMICALS FOR THE WASTEWATER TREATMENT
FACILITY (VALUE TOTAL OF: $601,000)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communications from David Boucher, Superintendent Wastewater Department
dated June 27, 2019 for the information related to these purchases.

Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be procured through
cooperative intergovernmental purchase agreements with other governmental jurisdictions.

The Wastewater Treatment Facility will be purchasing the following chemicals from the vendors as noted:

Polydyne NE2180 Polydyne of Riceboro, GA $1.18/LB Delivered/5,000 gal load @ $1.12/LB
Polydyne C-6266 $1.18/LB Delivered/5,000 gal load @ $1.12/LB
Amount $412,000

Sodium Hypochlorite Borden & Remington, Fall River, MA $0.0855/WET LB
#104 15%, Bulk
Amount $125,000

Sodium Bisulfite PVS Chemical Solutions $0.1196/WET LB
#79 38%, Bulk
Amount $64,000

The Superintendent Wastewater Department, Board of Public Works (6/27/2019 meeting) and Purchasing
recommend the purchase of the items above.

Respectfull

Ohi
“7 Dan Kooken
Purchasing Manager

Ce: D Boucher L Fautuex

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