Search

Contractor further warrants that no person having such an interest shall be employed in
the performance of this contract. If any such interest comes to the attention of
Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City. If City determines that a conflict exists and was
not disclosed to the City, it may terminate the contract at will or for cause.

ARTICLE 14 — TERMINATION OF THE CONTRACT

2. 1. Contractor may terminate the contract on 10 calendar days written notice
if, through no fault of Contractor, the Owner fails to pay Contractor for 45 days
after the date of approval by the Owner of any Application for Payment. The
Owner, in its sole discretion, shall have the right to terminate, abandon, or
suspend all or part of the Work and Contract at will. If the Owner chooses to
terminate, abandon, or suspend all or part of the Work, it shall provide
Contractor 10 day’s written notice of its intent to do so. If all or part of the
project is suspended for more than 90 days, the suspension shall be treated
as a termination at will of all or that part of the Work and Contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Contractor
shall:

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

b. Provide the Owner with a list of all unperformed services.

Cc. 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.

d. Immediately make every reasonable effort to obtain cancellation upon
terms satisfactory to the Owner 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 Owner any orders or sub
contracts specified in the notice, and revoke agreements specified in the
notice.

e. Not resume work after the effective date of a notice of suspension until
receipt of a written notice from the Owner to resume performance.

In the event of a termination, abandonment, or suspension at will, Contractor shall
receive all amounts due and not previously paid to 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.

TERMINATION FOR CAUSE

This agreement may be terminated by the Owner on 10 calendar day’s written notice to
Contractor in the event of a failure by 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 Owner,

AG-9

to complete or make sufficient progress on the work in a timely and professional
manner. Contractor shall be given an opportunity for consultation with the Owner prior
to the effective date of the termination.

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

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

b. Provide the Owner with a list of all unperformed services.

Cc. 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.

d. Immediately make every reasonable effort to obtain cancellation upon
terms satisfactory to the Owner 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 Owner any orders or sub
contracts specified in the notice, and revoke agreements specified in the
notice.

e. Not resume work after the effective date of a notice of suspension until
receipt of a written notice from the Owner to resume performance.

In the event of a termination for cause, Contractor shall receive all amounts due and not
previously paid to 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 Owner by reasons of Contractor’s failure. Contractor shall not be
relieved of liability to the Owner for damages sustained from the failure, and the Owner
may withhold any payment to the Contractor until such time as the exact amount of
damages due to the Owner is determined. All claims for payment by the Contractor
must be submitted to the Owner within 30 days of the effective date of the notice of
termination.

If after termination for the failure of Contractor to adhere to any of the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the Owner,
to complete or make sufficient progress on the work in a timely and professional
‘manner, it is determined that Contractor had not so failed, the termination shall be
deemed to have been a termination at will. In that event, the Owner shall, if necessary,
make an adjustment in the compensation paid to Contractor such that Contractor
receives total compensation in the same amount as it would have received in the event
of a termination-at-will.

GENERAL PROVISIONS FOR TERMINATION

Upon termination of the contract, the Owner may take over the work and prosecute it to
completion by agreement with another party or otherwise. Upon termination of the
contract or in the event Contractor shall cease conducting business, the Owner shall
have the right to solicit applications for employment from any employee of the

AG-10

Contractor assigned to the performance of the contract. Neither party shall be
considered in default of the performance of such obligations is prevented or delayed by
any cause, existing or future, which is beyond the reasonable control of such party.
Delays arising from the actions or inactions of one or more of Contractor’s principals,
officers, employees, agents, subcontractors, sub consultants, vendors, or suppliers are
expressly recognized to be within Contractor’s control.

ARTICLE 15— MISCELLANEOUS PROVISIONS

1.

Neither party to the Contract shall assign the Contract as a whole or in part
without written consent of the other.

Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public
authorities having jurisdiction shall be made at an appropriate time.

If additional testing is required, the Contractor shall perform these tests.

The Owner shall pay for tests except for testing Work found to be defective for
which the Contractor shall pay.

The Contract shall be governed exclusively by the law of the State of New
Hampshire, and any claim or action brought relating to this Contract, the work
performed or contracted to be performed thereunder, or referable in anyway
thereto shall be brought in Hillsborough County (New Hampshire) Superior Court
Southern Judicial District or in the New Hampshire 9th Circuit Court—Nashua
and not elsewhere.

ARTICLE 16 - HUD ADMINISTRATIVE REQUIREMENTS

1.

Hatch Act - The Contractor agrees that no funds provided, nor personnel
employed under this Contract, shall be in any way or to any extent engaged in
the conduct of political activities in violation of Chapter 15 of Title V United States
Code.

. Lobbying - The Contractor hereby certifies that:

No Federal appropriated funds it has received or will receive have been paid or will!
be paid, by or on behalf of it, to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;

If any funds other than Federal appropriated funds have been paid or will! be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or

AG-11

2. Property, Plant and Equipment

The components of property, plant and equipment as of December 31, 2020 and 2019 were

as follows:
Useful Lives
(in thousands} 2020 2019 {in years)
Utility Property:
Land and land rights 5 5,972 5 5,993 -
Source of supply 73,721 72,360 3-70
Pumping and purification 31,846 29,929 7-64
Transmission and distribution, including
services, meters and hydrants 194,244 188,069 15-91
General and other equipment 17,023 16,352 7-75
Intangible plant 790 790 20
Construction work in progress 792 1,225
Total utility property 324,388 314,718
Total non-utility property 5 5 5-10
Total property, plant and equipment 324,393 314,723
Less accumulated depreciation (81,924) (77,541)
Property, Plant and Equipment, net $ 242,469 S$ 237,182

The provision for depreciation is computed on the straight-line method over the estimated
useful lives of the assets, which range from 3 to 91 years. The weighted average composite
depreciation rate was 2.58% and 2.53% in 2020 and 2019, respectively.

3. Restricted Cash

The following table provides a reconciliation of cash, cash equivalents, and restricted cash
reported within the consolidated balance sheets that sum to the total of the same such
amounts shown in the statements of cash flows.

(in thousands) 2020 2019
Cash and cash equivalents S 310 S$ 4,885
Restricted cash - RSF 8,611 1,963
Restricted cash - CIAC 274 -
Restricted cash - Bond Project Funds 237 3,426

Total cash, cash equivalents and restricted cash
shown in the consolidated statements of cashflows S 9,432 S$ 10,274

108

cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure

Form to Report Lobbying," in accordance with its instructions; and

It will require that the following language of be included in the award documents for all
sub awards at all tiers (including subcontracts, sub grants, and contracts under grants,
loans, and cooperative agreement(s) and that all Contractor(s) shall certify and
disclose accordingly as follows:

Lobbying Certification - This certification is a material representation of fact upon

which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.

Religious Organization — Pursuant to 24 CFR §5.109, the Contractor agrees that
funds provided under this Agreement will not be used to support or engage in
any explicitly religious activities, or in any other manner prohibited by law.

Contractor certifies is has not been federally debarred, suspended, or proposed for
debarment or otherwise excluded from receiving federal contracts.

OWNER (signature) Nashua Glass (signature)

James W. Donchess, Mayor

(Printed Name and Title) (Printed Name and Title)

Date

Date

AG-12

, THE CITY OF NASHUA

Financial Services

"The Gate City"

Purchasing Department

July 26, 2018
Memo #19-036

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | CONTRACT RENEWAL WITH THE HUMANE SOCIETY OF GREATER NASHUA FOR
FY19 (VALUE: $99,081)
DEPARTMENT: 109 CIVIC & COMMUNITY SERVICES; ANIMAL CONTROL SERVICES
FUND: GENERAL

Please see attached communication from Heidi Peek-Kukulka, Health Officer, for the information
related to this request.

in accordance with § 5-84 A (4) Special Purchasing Procedures for Sole Source Procurements
Heidi Peek-Kukulka, Health Officer, Division of Public Health and the Purchasing Depariment

recommend approval of the contract with the Humane Society of Greater Nashua in the amount of
$99,081.

Respectfully,

Sloot —

an Kooken
Purchasing Manager

Cc: H. Peek-Kukulka B. Bagley J. Graziano

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

B\ THE CITY OF NASHUA “The Gate City”

“A Division of Public Health and Community Services
Community Services Department

July 25,2018

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

Subject: Renewal of Humane Society Contract for FY19

The Humane Society for Greater Nashua Corporation (HSFN), has provided
shelter, pound, isolation and quarantine services for the City of
Nashua. HSFN has been the provider of these services for the City 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. It has the facility
space to accommodate the needs of the City of Nashua’s Pound, and the
HSFN staff has worked closely with the City’s 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, 2018 through June 30, 2019
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 , 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
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 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 HSEN shall be responsible for the care of any animal of which it becomes the lawful owner.

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 HSEN 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 HSEN will retain confirmatory proof of notification of the owner;

e HSEN 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. HSEN 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 including but not
limited to: animal impoundment procedures; rabies protocols; 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
HSEN 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, 2018 and complete all functions required in
a timely, professional and competent manner. This Agreement will expire on June 30, 2019.

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.