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INDEPENDENT CONTRACTOR AGREEMENT

This agreement is made this _— day of , 2016 between the City of Nashua, New
Hampshire (hereinafter “City”), with a mailing address 229 Main Street, Nashua, NH 03060 and
the Nashua Regional Planning Commission (hereinafter “Contractor”), with a mailing address
of 9 Executive Park Drive, Suite 201, Merrimack, NH 03054. The City of Nashua, Division of
Public Health and Community Services (DPHCS) and Nashua Regional Planning Commission
(collectively referred to as the “Parties”) hereby enter into this Independent Contractor
Agreement (hereinafter ‘““Agreement’’) under the terms and conditions set forth below.

PURPOSE OF AGREEMENT

The Nashua Division of Public Health and Community Services desires to enter into this
agreement with the Nashua Regional Planning Commission to develop a Climate and Health
Adaption Plan (CHAP) to assess and reduce the public health effects from severe weather events
and the changing climate in New Hampshire. The CHAP shall address specific hazards, health
impacts/burdens and intervention strategies that relate to severe weather and climate change.
The goal of this project is to build collaborations, improve workforce capacity and better adapt to
severe weather and changing climate.

SCOPE OF SERVICES
By November 30, 2016, the Contractor shall: (a draft or status update on these deliverables is
due September 30, 2016)

1. Develop and submit a written Climate and Health Adaptation Plan (CHAP), to assess and
reduce the public health effects from severe weather events and the changing climate in
New Hampshire. CHAP shall address specific hazards, health impacts/burdens and
intervention strategies that relate to severe weather and climate change. The goal of this
project is to build collaborations, improve workforce capacity and better adapt to severe
weather and changing climate. A CHAP template and guidance for the plan will be
provided by the NH DHHS and shall include the following elements:

a. A descriptive list of weather or climate hazards found in existing vulnerability
assessments (i.e. municipal Hazard Mitigation Plans, etc.) relevant to severe weather,
climate and health.

b. A descriptive list of the priority climate and health impacts/burdens and vulnerable
populations related to weather and climate, including a brief description of the process
used to prioritize these health impacts in comparison to each other.

c. A description of current preparedness resources identified in local, regional and state
plans. Include any known gaps in preparedness and response capabilities to address the
identified hazards. Include a list of regional entities participating in the planning process.

d. Documentation of at least three (3) priority climate and health impacts/burdens from heat,
air quality, weather, insects, etc., and the three (3) most vulnerable populations likely
affected.

07/12/2016

e. Work with the Regional Public Health Advisory Council (PHAC) to select at least one
climate and health impact/burden from the three impacts prioritized in subsection and
propose at least one evidenced-based intervention to implement at the community level.

Organize, host and facilitate at least four (4) planning sessions to gather input for the
development of a Climate and Health Adaptation Plan (CHAP) with the Regional Public
Health Advisory Council (PHAC) or a subcommittee thereof, to reach agreement on a plan
that addresses the known hazards and meets the needs of the region.

Participate in at least two (2) half-day trainings provided by the DHHS in Concord, on how
to plan, assess climate-related vulnerabilities, measure climate-related preparedness, and
implement the CDC’s Building Resilience Against Climate Effects (BRACE) framework.

By June 30, 2017, the Contractor shall:

1.

Participate in at least two (2) half-day trainings provided by the DHHS in Concord, on how
to implement and evaluate the Building Resilience Against Climate Effects (BRACE)
framework.

Implement at least one (1) evidence-based intervention designed to address the priority
health impact/burden identified in the planning phase in order to improve public health at
the population level. Examples of interventions include: 1) heat stress reduction via policy
change, education/behavioral change, or cooling programs, 2) asthma reduction via home-
based environmental controls, 3) tick-exposure reduction via behavior change, 4) improved
preparedness leading to less evacuation, injury or death via changes in policy, behavior, or
technology.

Collaborate with the DHHS on the development of the evidence-based intervention, tracking
progress, and measuring change. The DHHS will provide examples of population-level
interventions (i.e. evidence based or informed, promising practices).

CONTRACT MONITORING AND REPORTING
The Contractor shall submit a detailed budget and workplan for the scope of work under this
contract prior to the contract’s effective date.

Participate in monthly 1-hour meetings and/or conference calls with the Department of
Health and Human Services, Division of Public Health Services Climate and Health staff to
coordinate activities and update progress.

Participate in an annual or semi-annual site visit with staff from DPHCS and NH
Department of Health and Human Services/Division of Public Health Services.

Submit monthly progress reports to DPHCS detailing progress on activities and deliverables
described in the Contractor’s workplan. Reports shall be submitted by the 15" of each
month.

Produce a final report by 6/15/2017 detailing progress on activities and deliverables
described in the Contractor’s workplan. The format for the final report will be provided by
DPHCS.

07/12/2016

Reports shall be submitted to the Public Health Network Services Coordinator by electronically
as well as in hard copy.

Public Health Network Services Coordinator
Patty Crooker

City of Nashua, DPHCS

18 Mulberry Street

Nashua, NH 03060

CrookerP@NashuaNH. gov

TIME PERIOD
This contract is in effect from the date signed by the Mayor of Nashua, through June 30, 2017.

PAYMENT FOR SERVICES
The City shall pay the contractor $38,000 to complete the project.

Monthly invoices shall be submitted electronically by the 15" of each month for reimbursement
of the previous month’s expenses. Invoices may be submitted via e-mail or in hard copy to the
Public Health Network Services Coordinator of the Division of Public Health and should be
accompanied by the monthly progress report.

Public Health Network Services Coordinator
Patty Crooker

City of Nashua, DPHCS

18 Mulberry Street

Nashua, NH 03060

CrookerP@NashuaNH. gov

All invoices shall include a description of the work completed during the period of time covered
by the invoice.

The Independent Contractor will be responsible to cover the costs of its personal travel, costs
associated with interviews, printing materials required for interviews, completing and submitting
the final report and any telephone or computer associated costs required to fulfill the Scope of
Services of this agreement.

The Independent Contractor shall be responsible for the professional quality, technical accuracy,
timely completion, and coordination of all work performed under this Agreement. Independent
Contractor 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 competent providers
with respect to services of a similar nature. Independent Contractor 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 in the Independent Contractor’s
failure to perform in accordance with this standard of care.

07/12/2016

ASSIGNMENT AND SUBCONTRACTING OF WORK
The Independent Contractor shall not assign or subcontract any of the work to be done pursuant
to this agreement without the prior written agreement of the City. The City may reject, at its sole
discretion, any proposed assignee or subcontractor.

INDEPENDENT CONTRACTOR

The Independent Contractor agrees that she/he is completely independent from the City and is
not an employee of the City. The Independent Contractor will be responsible for any taxes
- associated with this agreement. The Independent Contractor warrants that she/he may work for
other individuals and/or entities. The City shall not supervise or directly control the work of the
Independent Contractor. The City does reserve the right to inspect the work being performed
and to determine whether it is being performed in an appropriate manner. The Independent
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, except when necessary to carry out the efficient and effective work of the City.

INSURANCE REQUIREMENTS
Independent Contractor shall carry and maintain in effect during the performance of services
under this contract:

=" General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;

= $1,000,000 Combined Single Limit Automobile Liability if company vehicles are being
utilized;

=" and Workers' Compensation Coverage in compliance with the State of New Hampshire
statutes, $100,000/$500,000/$ 100,000.

None of the requirements as to types and limits to be maintained by Independent Contractor are
intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by
Independent Contractor under this contract.

Independent Contractor will provide the City of Nashua with certificates of insurance for

‘coverage as listed below and endorsements affecting coverage required by the contract within ten
calendar days after the City issues the notice of award. The City of Nashua requires thirty days
written notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be signed by a person authorized by the insurer and who is
licensed by the State of New Hampshire. General Liability, Employers’ Liability and Auto
Liability polices must name the City of Nashua as an additional insured and reflect on the
certificate of insurance. Contractor is responsible for filing updated certificates of insurance with
the City of Nashua's Risk Management Department during the life of the contract.

07/12/2016

INDEMNIFICATION

Subcontractor agrees to indemnify and shall defend and hold harmless the City, its agents, and
employees from and against any all suits, causes of action, legal or administrative proceedings,
arbitrations, claims, demands, damages, liabilities, interest, attorney 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, of Subcontractor.
Subcontractor’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. .

TERMINATION
Notwithstanding anything in this contract to the contrary, the City, or the Contractor, may
terminate this agreement without cause upon thirty (30) days written notice to the other party.
Upon termination of this agreement whether due to the completion of the scope of the work or
upon notice as provided herein, any and all work completed by the independent contractor up to
and including the date of termination shall be the sole property of the City. The independent
contractor shall provide the City with all supporting documentation upon request.

CHOICE OF LAW AND VENUE
The laws of the State of New Hampshire shall govern this Agreement exclusively and any
litigation relative to this Agreement shall be brought to a court located in the State of New
Hampshire. :

SIGNATURES:

The terms and conditions of this agreement are agreed to by the parties upon signature below.

For the City of Nashua:

Jim Donchess, Mayor
City of Nashua, NH

Date:

For Nashua Regional Planning Commission

Tim Roache, Executive Director
Nashua Regional Planning Commission

Date:

07/12/2016

Finance Committee
August 3, 2016

ltems

‘015 !nformation Technology Lawson Hosting and Upgrade

7021 Communications Division Purchase of a 50 KW Generator for

Shakespeare Tower Site

‘027 Public Health
Adaptation Planning

‘020 GIS
‘026 Financial Services

‘0i6 Parks & Recreation
Mowing

‘017 Parks & Recreation
Groundmaster 3505-D Mower

‘018 Parks & Recreation
Labine Park

‘025 Eng/Parks & Recreation

‘019 Engineering
Poisson Ave to Graham Drive

‘022 Wastewater
‘023 Wastewater

‘024 Solid Waste

Contract Award for Climate and Health

Esri Software License Renewal
City Hall Elevator Modernization

Contract Award for Roadside and Trail

Purchase of a Replacement Toro

Purchase of an Integration Carousel for

Rail Trail Lighting

DW Highway Vehicle Detection from

Air Handler Upgrades
Water Booster Station Upgrades

FY17 Engineering Services - Landfill

B\ THE CITY OF NASHUA Teen

Financial Services

Purchasing Department

July 19, 2016
Memo #17-026

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | CONTRACT AWARD FOR CITY HALL ELEVATOR MODERNIZATION (VALUE:
$184,000)
DEPARTMENT: 126 FINANCIAL SERVICES; FUND: TRUST FUND
ACCOUNTING CLASSIFICATION: 81 BUILDINGS AND IMPROVEMENTS

The Financial Services Division is seeking approval to modernize the City Hall elevator. Please see the
attached communication from Jay Hunnewell, Building Manager, dated July 19, 2016 for the information
related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (5) Purchases from a soie manufacturer where it is
determined to be more efficient and economical to reduce costs of maintenance of additional repair parts,
supplies or services.

The Building Manager, Financial Services Division, Chief Financial Officer and the Purchasing

Department recommend awarding the contract in the amount of $184,000 to Stanley Elevator of
Merrimack, NH.

Respectfully, 7

hy, KIA 2
A Uv PYM (A~-

Dan Kooken
Purchasing Manager

Ce: J. Hunnewell J. Graziano

229 Main Street * Nashua, New Hampshire 03061 e Phone (603) 589-3330 Fax (603) 589-3344 |

Jay Hunnewell

City of Nashua Building Manager

City Hall Maintenance Department 603-589-3340
229 Main Street - Nashua, NH 03060 Fax 603 589-3359
July 19, 2016
To: Dan Kooken, Purchasing Manager

From: Jay Hunnewell
Subject: City Hall Elevator Modernization

The main elevator in the City Hall Rotunda is in need of extensive repairs. There have been
malfunctions in recent weeks resulting in individuals being stuck in the elevator which required
response from Nashua Fire Rescue and also Stanley elevator for emergency repairs. We have
experienced lengthy out of service delays and an increase in entrapments over the last six months.
Parts for existing controller and hoist equipment are obsolete, extending elevator down time for
repairs. Stanley Elevator has recommended modernization as a solution.

Stanley Elevator is under contract with the City of Nashua to service and maintain all city owned
elevators. Stanley Elevator has demonstrated the ability to modernize, service, and maintain City
owned elevators and has extensive knowledge of existing equipment.

In accordance with § 5-84 Special purchase procedures A. (5) Purchases from a sole manufacturer,
where it is determined to be more efficient and economical to reduce costs of maintenance of
‘additional repair parts, supplies or services, this office recommends that we award the modernization
and repair of the main elevator to Stanley Elevator of Merrimack, NH in the amount of $184,000.

Jay Hunnewell
Building Manager
Nashua City Hall

TRACTION PASSENGER ELEVATOR
MODERNIZATION PROPOSAL

City of Nashua
Nashua City Hall — Traction Elevator

229 Main Street
Nashua, NH

Proposal Number: 6021

Prepared For:

Jay Hunnewell

City of Nashua

Attn Risk Management
P 0 Box 2019

Nashua, NH 03061-2019

Prepared By:

Michael Sugrue

Date: 6/22/2016

. ‘Stanley

Cell: +1 6033651461 of Elevator Company, inc.

Stanley Elevator Company, Inc.

9 Henry Clay Drive, Merrimack, NH 03054
Email: msugrue@stanleyelevator.com
FOR SERVICE DIAL: 1-800-258-1016

Proposal # 6021
Ref Id: Mod-09686 - 6/22/2071 Gnasnua city Hat -Trostion Elevator Modarizabon

Page 1 of 13

Stanley

Stanley Elevator Company, Inc. is pleased to offer you our proposal to furnish all labor and material
required to complete the modernization of ONE (1) passenger elevator located at Nashua City Hall, 229
Main Street, Nashua, NH. The modernization work will be based on the following detail of work:

SCHEDULE OF EXISTING EQUIPMENT:

EXISTING PROPOSED

A. ELEVATOR I.D #: ID: NHE-69 CAR# 1 Retain Existing
B. ELEVATOR TYPE: Traction Retain Existing
C. CLASSIFICATION: Passenger / Service Retain Existing
D. OPERATION: Simplex Retain Existing
E, FUNCTION: General Public Use Retain Existing
F. SPEED: 250 FPM Retain Existing
G. CAPACITY: 3000 LBS. Retain Existing
H. PLATFORM: 5'-8" x 5'-8" Retain Existing
|. TRAVEL: 38'-0" Retain Existing
J. STOPS: 4 Retain Existing
K. OPENINGS: Front 4/ Rear N/A Retain Existing
L. LANDINGS SERVED: B,1,2,3 Retain Existing
M. ENTRANCE TYPE: Single Speed / Center Opening / Power Retain Existing
N. ENTRANCE SIZE: 36" x 84" Retain Existing
©. MAIN LINE Voltage: 208Volts — Phase — 60 cycle Retain Existing
P. OEM: Payne

Q. YEAR INSTALLED: 4960's (2001 — Controller modernization)

Page 2 of 13

Proposal # 6021
Ref Id: Mod-09686 - 6/22/2016