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or cause to have such materials used for any purpose other than the performance of Service
Provider's obligations under this contract without the prior written consent of the City.

22. PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS. Service Provider expressly agrees
that all documents ever submitted, filed, or deposited with the City by Service Provider (including
those remitted to the City by Service Provider pursuant to paragraph 21), unless designated as
confidential by a specific statue of the State of New Hampshire, shall be treated as public records
and shall be available for inspection and copying by any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Service Provider in the performance of its obligations
under this contract shall be the subject of any application for a copyright or patent by or on behalf
of Service Provider. The City shall have the right to reproduce any such materials.

Service Provider expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City or any of its officers or employees, in either their
official or individual capacity, for violations of or infringement of the copyright or patent laws of
the United States or of any other nation. Service Provider agrees to indemnify, to defend, and to
hold harmless the City, its representatives, and employees from any claim or action seeking to
impose Hability, costs, and attorney fees incurred as a result of or in connection with any claim,
whether rightful or otherwise, that any material prepared by or supplied to Service Provider
infringes any copyright or that any equipment, material, or process (or any part thereof) specified
by Service Provider infringes any patent.

Service Provider shall have the right, in order to avoid such claims or actions, to substitute at its
expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the
necessary licenses to use the infringing materials, concepts, products, or processes, provided that
such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to al] the terms and conditions of this contract.

23. FINAL ACCEPTANCE. Upon completion of all work under the contract, Service Provider
shall notify the City in writing of the date of the completion of the work and request confirmation
of the completion from the City. Upon receipt of the notice, the City shall confirm to Service
Provider in writing that the whole of the work was completed on the date indicated in the notice
or provide Service Provider with a written list of work not completed. With respect to work listed
by the City as incomplete, Service Provider shall promptly complete the work and the final
acceptance procedure shall be repeated. The date of final acceptance of a project by the City shall
be the date upon which the Board of Public Works or other designated official accepts and
approves the notice of completion.

24. TAXES. Service Provider shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Service Provider hereby indemnifies and holds harmless the City from any
liability on account of any and all such taxes, levies, duties, assessments, and deductions.

GC 11 of 13

25. | NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this
contract shall be considered waived by the City. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless expressly
stipulated to by the City in a written waiver.

26. RIGHTS AND REMEDIES. The duties and obligations imposed by the contract and the rights
and remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

27. PROHIBITED INTERESTS. Service Provider shall not allow any officer or employee of the
City to have any indirect or direct interest in this contract or the proceeds of this contract. Service
Provider warrants that no officer or employee of the City has any direct or indirect interest, whether
contractual, non-contractual, financial or otherwise, in this contract or in the business of Service
Provider. If any such interest comes to the attention of Service Provider at any time, a full and
complete disclosure of the interest shall be immediately made in writing to the City. Service
Provider also warrants that it presently has no interest and that it will not acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of services
required to be performed under this contract. Service Provider further warrants that no person
having such an interest shall be employed in the performance of this contract. If City determines
that a conflict exists and was not disclosed to the City, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Service Provider (or any of its officers, partners, principals, or employees acting with
its authority) is convicted of a crime involving a public official arising out or in connection with
the procurement of work to be done or payments to be made under this contract, City may terminate
the contract at will or for cause in accordance with paragraph 8. Upon termination, Service
Provider sha!] refund to the City any profits realized under this contract, and Service Provider shall
be liable to the City for any costs incurred by the City in completing the work described in this
contract. At the discretion of the City, these sanctions shall also be applicable to any such
conviction obtained after the expiration or completion of the contract.

Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Service Provider to any officer or employee of the City with a view
toward securing a contract or securing favorable treatment with respect to the awarding or
amending or making of any determinations with respect to the performance of this contract. If
City determines that such gratuities were or offered or given, it may terminate the contract at will
or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City under this contract or at law.

28. THIRD PARTY INTERESTS AND LIABILITIES. The City and Service Provider, including any
of their respective agents or employees, shall not be liable to third parties for any act or omission
of the other party. This contract is not intended to create any rights, powers, or interest in any
third party and this agreement is entered into for the exclusive benefit of the City and Service
Provider.

29. SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of the parties that by
their nature survive termination or completion of this contract shall remain in full force and effect.

GC 12 of 13

30. | SEVERABILITY. In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

31. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the
entire contract between the City and Service Provider. 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.

32. CHOICE OF LAW AND VENUE. This contract shall be governed exclusively by the laws of

the State of New Hampshire and any litigation shall be brought in a court located in the State of
New Hampshire.

GC 13 of 13

Exhibit B
Accurate Tree Removal Scope of Work

October 22, 2019

ACCURATE TREE SERVICE, LLC

COMMERCIAL AND RESIDENTIAL

TREE CUTTING, CHIPPING AND STUMP GRINDING

October 22, 2019

City of Nashua
229 Main St.
Nashua NH 03060

IFB09860-091619 Nashua Riverfront Tree Removal Project:

Removal/trimming of all four quadrants as discussed onsite during walk through on 10/21/49 with Tim
Cummings, Director of Economic Development, City of Nashua and David Burl, Owner of Accurate
Tree Service. Scope of work to be developed and discussed by both parties, and to be predicated on the
request and map in the RFP dated August 7, 2019. Total amount not to exceed $200,000.00.

OTAL: $200,000.00

150 LONDONDERRY TURNPIKE HOOKSETT NH 03106
CELL: 603-235-6799 OFFICE: 603-645-6011 FAX: 603-232.2667

Exhibit C
IFB0980-0916 Nashua Riverfront Tree Removal Project

(22) THE CITY OF NASHUA “the Gate City"

Administrative Services
Purchasing Department

August 23, 2019

Nashua Riverfront Tree Removal Project

IFB0980-091619

The City of Nashua, New Hampshire, herein referred to as “the City”, is seeking proposals from qualified,
interested parties to submit a proposal for the removal of trees along the Nashua River. Removal will take place
on the North and possibly the South side of the river front in certain areas along the Nashua River. The project
will include cutting down of trees, trumming and removal of debris. The project will be completed in early fall
of 2019. The Scope of Work may be found on Page 4. The City reserves the right to substitute work of similar
nature or add additional work subject to the contract amendment process.

Contractor shall ensure that its activities and activities of its employees are in strict compliance with all
applicable federal, state, and local statutes, ordinances, regulations and rules, including without limitation the
Federal OSHA of 1970, as amended and the standards and regulations issued hereunder, and all other statutes,
ordinances, regulation, rules, standards and requirements of common law in relation to industrial hygiene and
safety, and the protections of health and the environment.

Completion time for the project will be as follows:
Substantial completion shall be by FALL 2019
Project will begin once a written “Notice to Proceed” is issued.

INSTRUCTIONS TO VENDORS:

For this IFB you may submit a paper bid or electronically via Bid Express. A Digital ID is not required for this
IFB. Please review the attachments, Bid Express Vendor Guide and Vendor Set-up Guide for more information.
If you choose to submit a paper proposal it must be submitted in a sealed envelope with one (1) original and
two (2) copies along with a PDF version on USB storage device and clearly marked “Nashua Riverfront Tree
Removal Project”. Responses shall be bound. There is no page limit, however it is noted that relevance and
brevity shall be considered during evaluation of the submittals. The names of those agencies that submit a
proposa! will be posted on the website, under Bid Results, within twenty-four (24) hours of opening.

Regardless of the method of submission, proposals shall be submitted, as outlined in the preceding paragraph,
no later than 3:00 PM on Monday, September 16, 2019. Paper proposals must be sent to: Purchasing
Department, City Hall, Room 11, Basement Level, 229 Main Street, Nashua NH, 03061-2019. Proposals
must be submitted in the format provided and address the items specified in the proposal specifications.
Postmarks or other timestamps will not be accepted in lieu of actual delivery.

tFBO0980-091619 Nashua Riverfront Tree Removal Project Page 1 of 10

The firm can use whatever delivery mechanism it chooses as long as it remains clear that the firm is responsible
for submissions prior to the date and time.

The City of Nashua assumes no liability for the payment of costs and expenses incurred by any bidder in
responding to this request for qualifications. All IFB’s become the sole property of the City of Nashua. This
request for qualifications is not a contract and alone shall not be interpreted as such but rather serves as an
instrument through which IFB’s are solicited.

There will be a non-mandatory site visit on Thursday, September 5, 2019, at 9:30AM at the Main Street
Bridge. Please park beside 75 Main Street. Attendance to this meeting is not mandatory but encouraged.
Consultants who do not attend the meeting can submit questions in writing per dates specified in this IFB and
submit proposals. The timeline for this project is as follows:

Date Time
NON-MANDATORY Site Visit | Thursday, September 5, 2019 9:30 AM
Main Street Bridge
75 Main Street
Nashua NH 03061
Deadline for Vendor Questions Monday, September 9, 2019 5:00 PM
Answers/Clarifications Posted Thursday, September 12, 2019 5:00 PM
IFB Responses due Monday, September 16, 2019 3:00 PM
Purchasing Department
229 Main Street
Room 11 — Basement Level
Nashua NH 03061
Interviews ASAP TBD

Vendors are encouraged to submit questions via email or via Bid Express; however, the City assumes no
liability for assuring accurate and complete emai! transmission/receipt and is not responsible to acknowledge
receipt. Inquiries must be submitted in writing to the individuals below, citing the IFB title, IFB number,
Page, Section, and received no later than Monday, September 9, 2019 at 5:00 PM:

Tun Cummings, Director of Economic Development
cummingst(@nashuanh, gov
&
Danielle Greenberg, Purchasing Agent IT

ereenbergd(@nashuanh.gov

IFBO880-0916139 Nashua Riverfront Tree Removal Project Page 2 of 10

The City wil] consider all timely-veceived questions and requests for change and, if reasonable and appropriate,
will issue an addendum to clarify or modify this IFB. Answers to vendor submitted questions and other addenda
will be posted under document IFB0980-091619 on the City of Nashua website; www .nashuanh.gov, under
Services, Bid Opportunities; Current Bids and to Bid Express no later than Thursday, September 12, 2019 at
5:00 PM.

The City is exempt of all taxes. All bidders must comply with all applicable Equal Employment Opportunity
laws and regulations.

All bids are binding for ninety (90) days following the deadline for bids, or until the effective date of any
resulting contract, whichever is later.

The City of Nashua may reject any or all of the proposals on any basis and without disclosure of a reason. The
failure to make such a disclosure shall not result in accrual of any right, claim or cause of action by any
unsuccessful bidder against the City of Nashua. The City of Nashua reserves the right to waive any
irregularities when the public interest will be served thereby. The City of Nashua also reserves the right to
negotiate any change or amendment in any bid without soliciting further bids if the action is necessary for the
best interest of the City of Nashua.

To be eligible for an award, a BIDDER must be deemed “responsible”. A responsible BIDDER 1) has the
ability, capacity and skill to provide the goods or services required; 2) can provide the goods or services within
the time frame specified; 3) has a satisfactory record of integrity, reputation, judgment and experience; 4) has
sufficient financial resources to provide the goods or services; 5) has an ability to provide future maintenance
and support as required; and 6) has developed a positive track record with the City of Nashua to the extent the
BIDDER has previously provided goods or services.

Pursuant to NRO 5-78 (F), the purchasing 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. Therefore, this bid request is void as to anyone who
is in default on said payments.

Sincerely,

Dantelle Greenbeg

Danielle Greenberg
Purchasing Agent Il
City of Nashua

sreenbergd@nashuanh.gov

IFBOS80-091619 Nashua Riverfront Tree Removal Project Page 3 of 10

Finance Committee — 08/03/2022 Page 8

No worries.

Alderman Gouveia

Thank you, Mr. Mayor. Question through you to Director Kleiner. So just to be clear with my numbers, it's going from
roughly $25,000 a year to $38,436. Is that correct?

Kim Kleiner, Administrative Services Director

That is correct.

Alderman Gouveia

Okay. And that's increasing because of the — what you stated before. So the licenses as well as just the fee of the
program in total, correct?

Kim Kleiner, Administrative Services Director

Correct.

Alderman Gouveia

Okay. Just another follow up if that's okay? Thank you. | see that this is a sole source but did we look at any other types
of programs in replacement of this or are we happy with what we have and want to stick with it’?

Kim Kleiner, Administrative Services Director

Great question again because ESRI really is the leading provider and especially when you look at municipalities. They
really have the field and the expertise. Pamela Andruskevich just went out to their annual conference and across the
country, over 14,000 people go to these conferences not only are they leaders in the software and the design that they
have, but also in the education that they provide. There really is no one like them in the market.

Alderman Gouveia

Okay, perfect. Thank you.
MOTION CARRIED

From: Amy Girard, Purchasing Manager
Re: Clear Sky Benefit Interface in the amount not to exceed $21,600 funded from 71228 Computer Software/Benefits
Fund

MOTION BY ALDERMAN MORAN TO PLACE ON FILE AND APPROVE A REQUEST FOR AN ADDITION TO A
CONTRACT WITH CLEAR SKY TO CREATE PROCESSES FOR OUTBOUND AND INBOUND UPATES TO THE
ALIGHT SYSTEM AND/OR LAWSON SYSTEM IN AN AMOUNT NOT TO EXCEED $21,600. FUNDING WILL BE
THROUGH: DEPARTMENT: 106 ADMINISTRATIVE SERVICES; FUND: 71228 COMPUTER SOFTWARE/BENEFITS
FUND

ON THE QUESTION

Kim Kleiner, Administrative Services Director

So this contract, it's an interesting situation and | tried to be as clear as | could in my memo. So we, as everyone knows,
entered into a contract with Alight to upgrade to an enrollment in our benefits that is online. That project has been very
successful. In fact, we just did open enrollment this year completely online. Our systems within the city, mostly our
Lawson system, required a lot of additional programming to allow Alight’s programs to interface correctly.

So we entered into a contract before open enrollment. We knew that these changes had to be made to our Lawson
system and we entered into a contract in March for $24,850. We did not bring that forward. It was under the finance
threshold. The work needed to be done and we are right up against the April enrollment. That was very successful and
everything went fine.