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R-20-054

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO EXECUTE A LEASE WITH
WHITING BUILDING, LLC

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into a lease with Whiting Building, LLC for the premises identified as the fourth (4)
and fifth (5") floor office space(s) in the Landmark Building with a postal address of 138-144
Main Street, Nashua, for the Public Health Relocation Plan, in substantially the same form as the
attached (“Lease”).

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the
Mayor, with the assistance of the Office of Corporation Counsel, is authorized to prepare and
execute all necessary documents and take all necessary actions contemplated by the Lease or
required to effectuate the same, including but not limited to grants or other funding sources for
the Lease and exercising the right to renew the Lease.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-054

PURPOSE: Authorizing the City of Nashua to execute a Lease with
Whiting Building, LLC

ENDORSERS: Mayor Jim Donchess

Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Linda Harriott-Gathright

COMMITTEE
ASSIGNMENT: Finance Committee
FISCAL NOTE: The cost of the one year lease is $48,300 funded by the GOFERR
Grant Fund.
ANALYSIS

This resolution authorizes the City to enter into a lease with Whiting Building, LLC substantially
similar to the attached document.

Under NRO Section 5.4 D, the Board of Aldermen shall approve the rental of lands and
buildings not owned by the City with “any rental agreement that extends from the current fiscal
year into succeeding fiscal year(s) in which no funds have been appropriated nor otherwise
designated.”

Approved as to form: Office of Corporation Counsel

~in F

Date: a fa —

Xerox Financial Services LLC

201 Merritt 7 Lease Agreement
Norwalk, CT 06851

This Equipment Schedule “A” is attached to and becomes a part of the Agreement Number listed below, between Xerox Financial Services LLC and the undersigned Customer.

Agreement Number: 20215669 |

Xerox @)

Quantity Model and Description Equipment Location
NASHUA WASTEWATER TREATMENT PLANT
1 AltaLink C8135H2 with Accessories 2 SAWMILL ROAD

NASHUA, NH 03060
CITY OF NASHUA

1 VersaLink C405DN with Accessories 229 MAIN STREET
NASHUA, NH 03060
CITY OF NASHUA HUMAN RESOURCES
1 AltaLink B8145H2 with Accessories 229 MAIN STREET
NASHUA, NH 03060
CITY OF NASHUA

1 AltaLink C8135H2 with Accessories 229 MAIN STREET
NASHUA, NH 03060
CITY OF NASHUA

1 AltaLink C8135H2 with Accessories 229 MAIN ST
NASHUA, NH 03060

This Schedule “A” is hereby verified as correct by the undersigned Customer

Customer: CITY OF NASHUA

Authorized Signature X: Date:

Name: Title:

Page 3 of 3 XFS-FMV 04.05.18

LEASE

THIS LEASE is made as of , 2020, by and between the Whiting
Building, LLC, a New Hampshire limited liability Company, with a principle address at of 75
Concord Street, Nashua, NH 03064 (the “Lessor”) and The City of Nashua, New Hampshire, a
municipality with an address of 229 Main Street, Nashua, NH 03060, (the “Lessee”) and

DESCRIPTION OF PREMISES. The Lessor hereby agrees to lease to the Lessee, subject to the
terms and conditions set forth herein, and the Lessee agrees to lease from the Lessor, the
premises identified as the fourth (4) and fifth 5") floor office space(s) in the Landmark
Building with a postal address of 138-144 Main Street and located on the City of Nashua’s
Assessor’s Tax Map 33, Lot 91, Comprising of 4,830 square feet of office space in total between
the two floors and as more specifically described on Exhibit A attached hereto “The Public
Health Relocation Plan” (the Premises”).

TERM. The term of the Lease shall be up to 12 months, commencing on the date hereof and
ending on (the “Term”) subject to Lessee’s right to terminate as set forth
below.

OPTION. The Lessee shall have the right at its sole discretion to renew this lease with a
maximum three percent (3%) increase over the gross rent agreed to below in paragraph five (5).

TERMINATION. The Lessee may terminate the Lease at any time during the Term of the Lease
by written notice delivered to the Lessor at least 60 days prior to the date of termination set forth
in such notice.

RENT. The rent for the Premises to be paid by the Lessee to the Lessor during the Term of the
Lease shall be $48,300, which rent shall be due and payable with an initial payment of
$24,150.00, at the commencement of the lease and a second payment for $24,150.00 due six
months later during the Term of the Lease. If the Lease is renewed for consecutive year(s), rent
shall be due in two installments as follows: the first installment being one-half (1/2) of the then-
current rent will be due the first day of the renewal term and the second installment, totaling the
balance of the then-current annual rent will be due six months later or 4 way to the end of the
renewal terms, whichever is later.

MAINTENANCE & REPAIRS BY LESSEE. The Lessee shall maintain the Premises in a clean
and sanitary condition. The Lessee shall make all the repairs which are usual, necessary, or
required for the use of the Premises in the Premises and shall keep the Premises in such repair,
order, and condition as the same are in at the commencement of this Term. Lessee shall not be
responsible for common areas of the building.

ALTERATIONS AND IMPROVEMENTS. The Lessee shall not, without the prior written
consent of the Lessor, make any alterations, improvements, renovations or additions
(collectively, “Improvements”) to or upon the Premises, which consent shall not be unreasonably
withheld. Further, Lessor will be deemed to have consented to Lessee’s proposed alterations,
improvements, renovations or additions if Lessor does not respond within 21 days after Lessee’s
written submittal.

INDEMNITY. The Lessee agrees to indemnify the Lessor against all loss, damage, liability, or
expense arising out of injury to third parties or their property, or in connection with anything
owned or controlled by the Lessee, or resulting from any act, failure to act, or negligence of the
Lessee or Lessee’s servants or agents, or from any nuisance made or suffered on the Premises.
Lessee’s indemnity shall not apply to liability caused by the negligence or willful misconduct of
Lessor.

DAMAGE OR DESTRUCTION. In the event that the Premises or a substantial portion thereof
are destroyed or damaged by fire, flood, war, or other casualty, the Lessor shall not be obligated
to rebuild or replace any building wholly or substantially destroyed. In the event of such
substantial destruction either party shall have the option of terminating this Lease by giving
written notice to the same to the other party within 30 days of the occurrence of such destruction.
Lessee shall be entitled to a rebate or refund, as applicable, for the time the Premises is
inhabitabie by Lessee.

ENCUMBRANCE. SUBLETTING, AND ASSIGNMENT. This Lease may be assigned at any
time by the Lessor. This Lease shall not be assigned or sublet in whole or in part by the Lessee
without prior written consent by Lessor, and any attempt therefore shall be void. Lessee shall
not otherwise encumber the Premises or its leasehold interest therein, and shall not permit any
mechanic’s lien or other lien for the provision of goods or services on the Premises.

QUIET POSSESSION. The Lessor covenants and warrants that the Lessor has full right and
lawful authority to enter into this Lease for the full Term hereof, and that the Lessor is lawfully
seized of the Premises hereby leased and has good title thereto free and clear of all tenancies.
The Lessor further covenants and warrants that if the Lessee shall discharge the obligations
herein set forth to be performed by the Lessee, then the Lessee shall have and enjoy, during the
Term and any renewal or extension hereof, the quiet and undisturbed possession of the Premises
for the uses herein described, together with all appurtenances thereto.

DEFAULT. Ifthe Lessee shall violate any of the covenants, conditions, or provisions contained
herein and such violation shall continue for more than ten (14) days after receipt of written notice
by Lessee of the Lessor’s notice of such default, the Lessor may immediately, or at any time
thereafter, and without demand or further notice to the Lessee (unless required by law), elect to
terminate this Lease and commence an action for eviction and removal of Lessee and exercise
any other remedies available to Lessor, singly or cumulatively.

REDELIVERY OF PREMISES. The Lessee will peaceably and quietiy quit and deliver up to
the Lessor, the Premises at the expiration of the Term, leaving the Premises in as good condition
as they now are or may be placed in during the Term of this Lease, reasonable and ordinary wear
expected. Lessee shall remove all of their property at the end of the Term. Any property
abandoned by Lessee will be disposed of by the Lessor or kept as abandoned property.

NOTICE. Any written notice, request, or demand required or permitted hereunder shall, until
either party shall notify the other in writing of a different address, be properly given if sent by
certified or registered mail, postage prepaid, addressed to the other at the address set forth above.

MISCELLANEOUS. This lease is to be construed as a New Hampshire lease and is binding
upon and inures to the benefit of the parties hereto and their respective heirs, devisee, executors,
administrators, successors and assigns; and may be canceled, modified, or amended only by
written instrument signed by both the Lessor and the Lessee.

The Lessor and the Lessee have executed this Lease effective as of the date first written
above.

LESSOR:
Whiting Building, LLC

By:
Name: Dmitry Zhivotovsky
Title: Manager

LESSEE:
The City of Nashua

By:
Name: James W. Donchess
Title: Mayor

REPORT OF THE FINANCE COMMITTEE

JULY 15, 2020
A meeting of the Finance Committee was held on Wednesday, July 15, 2020, at 7:00 p.m. via teleconference.

Mayor Jim Donchess, Chairman, presided.

Mayor Donchess

As Chairman of the Finance Committee, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency Order
#12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governor's Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

a) Providing public access to the meeting by telephone, with additional access possibilities by
video or other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099
Meeting ID: Meeting ID: 861 2767 1943
Password: 807417

The public may also view the meeting via Channel 16.
b) Providing public notice of the necessary information for accessing the meeting:
We previously gave notice to the public of the necessary information for accessing the meeting, through
public postings. Instructions have also been provided on the City of Nashua’s website at

www.nashuanh.gov and publicly noticed at City Hall and Public Health Department.

c) Providing a mechanism for the public to alert the public body during the meeting if there are
problems with access:

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and
they will help you connect.

d) Adjourning the meeting if the public is unable to access the meeting:

In the event the public is unable to access the meeting via the methods mentioned above, the meeting
will be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be
done by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under the
Right-To-Know Law.

Finance Committee - 07/15/2020 Page 2

The roll call was taken with 6 members of the Finance Committee present: Alderman Patricia Klee,
Alderwoman Elizabeth Lu, Alderman Linda Harriott-Gathright, Alderwoman Shoshanna Kelly, Alderman
Brandon Michael Laws, Mayor Jim Donchess. Alderman Michael B. O’Brien, Sr., was recorded absent.

Members not in Attendance: Alderman Michael B. O’Brien, Sr.

Also in Attendance: Alderman Skip Cleaver
Alderman Richard A. Dowd
John Griffin, CFO/Comptroller
Kelly Parkinson, Purchasing Manager
David Boucher, Wastewater Superintendent
Sarah Marchant, Community Development Director
Kim Kleiner, Administrative Services Director
Bobbie Bagley, Public Health Division Director

Alderman Klee

I’m here, | can hear you, | am alone in the room and I’m here because of social distancing.
Alderwoman Lu

Yes | am here alone and | can hear you.

Alderman Harriott-Gathright

And the Clerk is present, here alone and, of course, can hear you all and | am practicing social distancing.
Alderwoman Kelly

| am here, | am alone and | am practicing social distancing.

Alderman Laws

I’m here, | am alone and | am also practicing social distancing.

Mayor Donchess

Alderman O’Brien contacted me to inform me that he would not be available tonight. | am present and | am
alone at home here and | am participating remotely because of social distancing.

Alderman Harriott-Gathright

OK so we have six members and we have a quorum.

Mayor Donchess

Thank you, Madam Clerk. The first item on the Agenda is Public Comment. Is there anyone on the meeting
via Zoom Video or over the phone who would like to make public comment concerning any matters before the
Committee? And before we go on to the remainder of the agenda | wanted to mention that | see that we have
Alderman Skip Cleaver present, he is not a member of the Committee but is, of course, a member of the Board
of Aldermen.

Finance Committee - 07/15/2020 Page 3
PUBLIC COMMENT - None
COMMUNICATIONS

From: Bobbie Bagley, Public Health Director
Re: Humane Society Renewal Contract Relative to Chickens/Roosters and How Many Impounded

Chairman Donchess to accept and place on file.

From: Kelly Parkinson, Purchasing Manager
Re: Purchase of Wastewater Chemicals

Mayor Donchess

Now we have a Communication from Kelly Parkinson, Purchasing Manager. Before we proceed, | want to
introduce Ms. Parkinson who is appearing for the first time before the Finance Committee; she is the new
Purchasing Manager. As you may recall, Dan Kooken retired and we are very happy to welcome Ms.
Parkinson to appear before us and to work for the City and we appreciate her interest in the Purchasing
Manager position.

Kelly Parkinson, Purchasing Manager

Thank you.

Mayor Donchess

So we have a Communication from Ms. Parkinson.

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE AND APPROVE THE
PURCHASE OF SODIUM HYPOCHLORITE IN THE AMOUNT OF $125,000 TO BORDEN & REMINGTON,
BY ROLL CALL

ON THE QUESTION

Mayor Donchess

Now do we have Mr. Boucher? Is he here to address this item.

David Boucher, Superintendent of Wastewater

Yes | am Mr. Mayor.

Mayor Donchess

Could you please do so?
Mr. Boucher

Yes, David Boucher, Wastewater Superintendent. This is for Sodium Hypochlorite, it’s a disinfectant we use in
our treatment process after we process the wastewater, before it gets discharged to the river, Sodium
Hypochlorite is added to disinfect the water. It is added on a daily basis, 24/7. This is an annual cost for the
Sodium Hypochlorite. We get involved in a bid process through the Northeast Merrimack Valley Chemical
Consortium to get the lowest price. The price through Borden & Remington for this Fiscal Year, it is up 1.5%
but it is still a reasonable cost at .086 dollars per wet time so we are able to keep our budget the same as last
year.

Finance Committee - 07/15/2020 Page 4

Mayor Donchess

Any comments or questions? Alderwoman Klee?
Alderman Klee

Thank you. Mr. Boucher this is just for the wastewater, this is not for any of that combined sewer is that
correct, because we wouldn’t be able to get to that?

Mr. Boucher

That is correct; this chemical is only used at the wastewater plant and it is just added to the water just before it
gets discharged to the river.

Alderman Klee

OK, thank you very much.

Mr. Boucher

You’re welcome.

Mayor Donchess

Any other questions or comments? Madam Clerk, would you please call the roll?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderwoman Lu, Alderman Harriott-Gathright, Alderwoman Kelly,
Alderman Laws, Mayor Donchess 6

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Purchase of Property Record Card Scanning & Data Management

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE
PROPERTY CARD SCANNING PROPOSAL IN THE AMOUNT OF $59,638 TO INCEPTION
TECHNOLOGIES, BY ROLL CALL

ON THE QUESTION

Mayor Donchess

And | believe Ms. Kleiner is here to talk about the details of this contract.

Kim Kleiner, Director of Administrative Services

Yes, good evening Mayor Donchess and Members of the Committee. The idea for scanning our property
record cards was actually first introduced | believe to me at a Coffee with the Mayor earlier this year by a
resident. At that time, the Assessing Department looked into the matter; we had some conversations with IT
and Director Codagnone.