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Board Of Aldermen - Agenda - 11/23/2021 - P72

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Fri, 11/19/2021 - 14:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 11/23/2021 - 00:00
Page Number
72
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__112320…

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

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Board Of Aldermen - Agenda - 11/23/2021 - P72

Board Of Aldermen - Agenda - 11/23/2021 - P73

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Fri, 11/19/2021 - 14:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 11/23/2021 - 00:00
Page Number
73
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__112320…

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”:
“§ 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;

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Board Of Aldermen - Agenda - 11/23/2021 - P73

Board Of Aldermen - Agenda - 11/23/2021 - P74

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Fri, 11/19/2021 - 14:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 11/23/2021 - 00:00
Page Number
74
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__112320…

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

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Board Of Aldermen - Agenda - 11/23/2021 - P74

Board Of Aldermen - Agenda - 11/23/2021 - P75

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Fri, 11/19/2021 - 14:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 11/23/2021 - 00:00
Page Number
75
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__112320…

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:

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Board Of Aldermen - Agenda - 11/23/2021 - P75

Board Of Aldermen - Agenda - 11/23/2021 - P76

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Fri, 11/19/2021 - 14:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 11/23/2021 - 00:00
Page Number
76
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__112320…

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”:

“§ 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.

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Board Of Aldermen - Agenda - 11/23/2021 - P76

Board Of Aldermen - Agenda - 11/23/2021 - P77

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Fri, 11/19/2021 - 14:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 11/23/2021 - 00:00
Page Number
77
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__112320…

LEGISLATIVE YEAR 2021

ORDINANCE: O-21-080

PURPOSE: Updating the Purchasing ordinances
SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Personnel /Administrative Affairs Committee
FISCAL NOTE: Unable to determine.

ANALYSIS

This legislation updates the Purchasing ordinances as detailed in the legislation.

Approved as to form: Office of Corporation Counsel

Date: "7 N renee Jor

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Board Of Aldermen - Agenda - 11/23/2021 - P77

Board Of Aldermen - Minutes - 11/22/2021 - P1

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Mon, 11/22/2021 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 11/22/2021 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__112220…

A special meeting of the Board of Aldermen was held Monday, November 22, 2021, at 7:00 p.m. in the aldermanic
chamber as well as via Zoom teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by Deputy City Clerk Allison Waite; Alderman Jan Schmidt led in the Pledge to the Flag.

To join by Zoom — please refer to the agenda or the website for the meeting link and telephone number.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please indicate if
participating via Zoom state why you are not meeting in person and whether there is anyone in the room with you during
this meeting which is required under the Right-To-Know Law.

Deputy City Clerk Waite called the roll and asked them to state the reason he or she could not attend, confirmed that
they could hear the proceedings, and stated who was present with him or her.

The roll call was taken with 10 members of the Board of Aldermen present: Alderman Michael B. O’Brien, Sr.,
Alderman Patricia Klee, Alderman Richard A. Dowd, Alderman June M. Caron, Alderwoman Elizabeth Lu, Alderman
Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws (Zoom), Alderman Linda Harriott-Gathright,
Alderman Wilshire.

Alderwoman Shoshanna Kelly, Alderman Benjamin Clemons, Alderman Thomas Lopez, Alderman David C. Tencza,
and Alderman Skip Cleaver were recorded absent.

President Wilshire

Alderman Lopez is unable to join us this evening due to a work commitment.

Mayor James W. Donchess was also in attendance.

President Wilshire to turn the meeting over to Chairman of Budget Review Committee Richard A. Dowd.
Chairman Dowd

Yes tonight we’re going to have a public hearing on three Resolutions. They're all associated with basically the same
project. We'll go through each one of them separately but | would ask anybody giving public comment to not repeat
ourselves since it is the same project if at all possible and we'll move forward. The first is a public hearing on R-21-
190 - Relative to the Supplemental Appropriation of $3,650,000 of FY2021 (and this is going to be changed to 2022)
Unanticipated Revenue into the Division of Public Works Office Facility Capital Project. It is FY2022 unanticiapted
revenue and in the Budget Committee meeting we'll make a motion to amend. Right now, I'll hear testimony in favor.

PUBLIC HEARING

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $3,660,000 OF FY2021 UNANTICIPATED REVENUE
INTO THE DIVISION OF PUBLIC WORKS OFFICE FACILITY CAPITAL PROJECT

Alderman Jette

Isn't it customary to have a presentation on the Resolution?

Chairman Dowd

Yourre right. I'll ask Treasurer Fredette and Mr. Griffin to come up and Mr. Cummings.

Chairman Dowd

When you’re ready, would you introduce yourself for the record?

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Board Of Aldermen - Minutes - 11/22/2021 - P1

Board Of Aldermen - Minutes - 11/22/2021 - P2

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Mon, 11/22/2021 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 11/22/2021 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__112220…

Special Board of Aldermen 11-22-2021 Page 2

Tim Cummings, Economic Development Director

Yes, absolutely. So, Mr. Chair, Tim Cummings, Director of Economic Development. I'm here also with Director
Fauteux who's here this evening relative to looking for full authorization for a DPW administrative office building
capitol building project. | want to thank Treasurer Fredette and CFO Griffin for joining us this evening as well, as we
would like to ask for your favorable approval of R-21-190, R-21-191, and R-21-192. This is legislation that would
allow us to proceed with all the sources of funds necessary to construct a $15.1 million building project.

So essentially, the financing plan outlines a few different sources of funds. We've already got authorized $6 million.
We already have $500,000. We have $3.6 million from the proceeds of the sale of Park Street, which is one of the
pieces of legislation before you this evening. We have $2 million available from unspent Broad Street Parkway funds,
which is again, one of the pieces of legislation before you and then we have a gap of just under $3 million. So we're
asking for new authorization of $3 million to create the entire amount necessary for the building project. So that is
essentially what we're here to try to do this evening. R-21-190 is the transfer of $3.6 million from | believe its
undesignated revenue to the DPW administrative office building capital project account.

R-21-191 is repurposing of the $2 million of the Broad Street Parkway funds that are available to us for the purposes
of the, again, DPW administrative office building.

And then lastly, R-21-192 which is asking for authorization have an additional $3 million to bring us to that $15.1,
again, for the construction of the DPW administrative office building. | believe Treasurer Fredette could probably talk
to us about how we can accommodate this bonding and if | could, I'd ask him to speak a little bit about the next slide
or two.

David Fredette, Treasurer

Can everybody see that? If not, | have handouts that might be easier. Mr. Chairman this is a form that I've given to
you before in the past usually with a letter but | didn't have a lot of time to get this all done. So this is what itis. The
first, page 1, reflects bonds that have been approved but haven't been sold yet plus bonds that might happen in the
near future. The top part as you can see are items that are approved. The bottom part started on line 10 are items
that may be approved in the future. This is what | use to do the next page which is the back page of page two. What
this show you is column B represents — okay - this is the general fund. Bonds only. It does not include sewer and
those type of bonds. These are bonds that affect the tax rate directly. Column B is what our bond payments are on
Fiscal Year 2022 through Fiscal Year 2047. That represents all the bonds that was sold up to this fall.

Column C is strictly increase and decrease on year to year. So as you can see, we still have in 24, 25, 26, decreases
because the high school bonds are being paid off by then and it's also probably related to some funding bonds that
we've done over the years.

Column D is strictly a target budget that | created over the years that | give to our financial advisors saying that we
should try to live within this target anyways at least. We've been under it for quite a while.

And then column E represents if all the bonds on the first page was sold over a period of time, these would be
payments from Fiscal Year 2023 all the way through Fiscal Year 2050. Now the first column - 2022, that number was
what we budgeted but we had a sale this fall, which was very, very good. We sold over $65 million of bonds. The
majority of it was the middle school. The true interest cost was 1.8%. Much lower than what | had used when |
estimated. | think I've told you before | estimate on the high side everywhere. We received almost $7 million of
premium, which was a good number. That is the amount that we don't have to sell because it's cash given to us.
Even though that budget for 22 is 166, | know the actual is lower than that. Beginning in 2023, it's based on the sales
that we had plus the new ones. And as you can see, it goes up and down. Again, this column is very conservative
and close rates. It shows on the bottom here estimated rates 3 to 4%. That's very conservative. It does not include
receiving any premiums at all and we usually do. Like | said, this sale received almost $7 million. It was a big sale,
but we're going to have a couple big ones because the middle school has to be bonded — the rest of it. So, again, this
is something I've done usually once or twice a year and review it with the Budget Committee. | just updated it just
recently.

Chairman Dowd

Are there any questions relative to Treasurer Fredette’s presentation?

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Board Of Aldermen - Minutes - 11/22/2021 - P2

Board Of Aldermen - Minutes - 11/22/2021 - P3

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Mon, 11/22/2021 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 11/22/2021 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__112220…

Special Board of Aldermen 11-22-2021 Page 3
Alderwoman Lu
Yes, thank you. Treasurer Fredette did you say it's a $65 million - that most recent one was $65 million?

David Fredette, Treasurer

Yes. 45 that was the middle school.
Alderwoman Lu
Okay.

David Fredette, Treasurer

Then 7 % was for paving and we had some other projects. | can't name everyone off, but those were the big ones. It
was Public Works mostly.

Alderwoman Lu

But if we also got $7 million in premium, then does that mean that we got more than $6.5 million? We got 13.5. Is that
what the premium is money coming in?

David Fredette, Treasurer

| don't understand your question. We got about $7 million in premium.

Chairman Dowd

The premiums or money that we don't have to bond. They're giving us that money.
Alderwoman Lu

Right. So $7 million in premium and then $6.5f million in debt?

David Fredette, Treasurer

No. We sold 65 plus million. We received about $7 million in premium.
Alderwoman Lu
Okay. | guess all I'm asking is premium like $7 million coming in?

David Fredette, Treasurer

Yes. We received cash towards the bonds. We have another Resolution to (inaudible) bonds. We had a bond for
$1.5 million for two fire vehicles - $1.5 million. We received cash for that completely, so we didn't have to sell the
bond. We got the cash. There was another one for revaluation of $1.3 million. We received full cash for that. So we
didn't have to sell anything. It's part of a whole competitive bid when it goes out. We had seven bidders or eight
bidders. | think JP Morgan wanted this on. It usually goes to the lower bidder usually. They're always very close in
all their bids. It's not an easy thing to fully understand. It takes quite a while but that’s how it works.

Alderwoman Lu
Thank you.
Chairman Dowd

Any other questions for Treasurer Fredette? Any other questions for any part of Mr. Cummings presentation?

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Board Of Aldermen - Minutes - 11/22/2021 - P3

Board Of Aldermen - Minutes - 11/22/2021 - P4

By dnadmin on Mon, 11/07/2022 - 07:13
Document Date
Mon, 11/22/2021 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 11/22/2021 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__112220…

Special Board of Aldermen 11-22-2021 Page 4

Tim Cummings, Economic Development Director

| do have Mr. Chair just a couple more slides.
Chairman Dowd
Couple more slides.

Tim Cummings, Economic Development Director

Just | promise. Just a couple more. | wanted to provide the body with just some background on the design.
Chairman Dowd
Sure go ahead.

Tim Cummings, Economic Development Director

Thank you. So you know, we're looking at a two story building. | pulled a couple slides from the architect’s
presentation to the Joint Board of Infrastructure and Board of Public Works. It's a design team of Hoyle Tanner is the
civil and structural engineers. Ironwood Design is the landscape architect. We have mechanical, electrical, plumbing,
fire protection, engineers with VFW Engineering and AKF Code Consultants. They're our code compliance group.

As you may or may not know, we're looking at the Four Hills Landfill. We're looking to put the building right in and
around here with its own separate driveway. Here is the existing driveway up here. You could come in off of the
existing driveway or the new entry right in through here. We are not looking at the Cadillac of type buildings. This is
just a good, solid, basic building that will last the community for years. It's approximately a 25,000 square feet over
two floors. Here's just some landscaping to kind of show you how the building lays out.

So first, will programming. You got a couple of multi-purpose rooms in the first corner here, waiting/lobby area.
You've got locker rooms and toilets, bathrooms, conference rooms, the mechanicals, kitchen. This is like a break
room of sorts. Up here is the Engineering and Administration offices right up and along here. Again, a library which is
more like a conference room, waiting area. Here’s a view of what it looks like from the west, from the south, and then
finally just a perspective on the east, and then the entry. A very standard type building. It's similar to, you know,
many other comparable Public Works buildings if you're familiar with them in the area. Flat roof and that pretty much
wraps it up.

I'll tell you just a little bit about the timeline. We have been going through design. We are trying to wrap design up
now, which is where we are. We're trying to get the project bid in December and into January. We'd like to start
construction in the spring and we're trying to have it completed so we can have occupancy in the spring of 2023. So it
would be about a yearlong construction project if we can get it going in in the spring of 2022. So again, we costed this
project a couple of times. It shows you that our high costs are just about 105. Soft costs is about 3. Contingency at
1.4 brings us in at that total project cost of $15 million. And that's all | have, Mr. Chairman. Thank you.

Chairman Dowd

Director Cummings in these legislative actions that we're talking about tonight, those have all been through the Board
of Public Works, and the construction committee, and had been approved at that level, correct?

Tim Cummings, Economic Development Director

Yes and the Planning Board.
Chairman Dowd
And the Planning Board. Okay. Any questions from the Aldermen?

Alderman Caron

Yes thank you. Can you just run down who's supposed to be in that building besides the administrative office? Is
there any other group?

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Board Of Aldermen - Minutes - 11/22/2021 - P4

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