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Finance Committee - 9/6/2017 Page 9

Attorney Vogelman

| have the list right here. There’s Purdue which is the biggest one that is actually three different corporations.
There’s Teva Pharmaceutical, Cephalon, Johnson, Ortho McNeil Johnson, Endo, Allergan, Actavis, Watson
Laboratories, McKesson Corporation, Cardinal Health, AmerisourceBergen Corporation, Russel Portenoy and
then there’s three doctors who've kind of been in the employ of the pharmaceutical companies that have been
traveling around the country lecturing about the benefits of opioids. There’s two doctors in Salt Lake City, one
in California and they're being sued individually as well. The way it works with our patent laws and the cost of
pharmaceuticals is that for every pill like for OxyContin, there’s only one company that makes it. Then for
Vicodin, there’s only one company that makes it. That’s why you get so many defendants. That’s also why it’s
so expensive because where only one company makes it, they can charge whatever they want. Those are the
defendants that we’re suing. As you might imagine, there’s going to be some high powered lawyers from
around the country defending it. | know since the only one who’s been sued so far in New Hampshire by the
state is Purdue. They’re local counsel actually was the Attorney General. A different lawyer at Nixon Peabody
obviously is going to handle it because he can’t both be the plaintiff and the defendant. Some of the big firms
in New Hampshire I’m sure will be local counsel too. It’s going to be a long and grueling legal battle that will
not end quickly.

Alderman Clemons

| guess my other question couple questions — one is maybe this is in the discovery process | don’t know. How
much would we be looking to sue these people for?

Attorney Vogelman

| have no idea. Millions. Probably tens of millions. In New Hampshire both in federal court and state court we
have the luxury in that you’re not even allowed to sue for a certain sum. You just sue and then whatever it
turns out to be is what you collect. You’re suing the federal government for instance, you’ve got to put that in a
number and it can never go over that number. We don’t have to do that and a lot of it will be when the
numbers get crunched for each plaintiff and we figure out what the costs are to the City of Nashua, that’s what
we'll be asking for. What it ends up at, | have no idea. Obviously we’re looking at numbers high enough that
we're willing to invest $1 million or so in order to collect back. We're not looking at like $1 million, $500,000.
That would be very bad lawyering. My guess is tens of millions.

Alderman Clemons

My other question is how these lawsuits are going to — they’re being filed across the country from what it
sounds like. I’m just questioning —| don’t Know. It’s nice to | guess if you will get on the gravy train but |
worder if it’s the right thing to do or not. | personally growing up | think | was in high school when the tobacco
lawsuit came out and | was not a fan of that either. | think people at the end of the day — doctors,
manufacturers, and things like that | think have to really take personal responsibility for stuff as well as people
who are taking medications as well. It’s a tough situation. It’s going to be tough call for me as far as how |
vote on it.

Attorney Vogelman

Let me address that because to me at least at least — most of what | do is civil rights though. If 1 was some
other area of the law or if | stayed in New York City I’d be driving a nice Ferrari instead of my Subaru. One of
the reasons you do that is because that effectuates change. In addition to whatever monies there are, | can
tell you that these companies already have cut back markedly in their marketing, in going to all these doctors,
conventions, and stuff. It’s already a changed behavior. To a certain extent when | do these things, changing
behavior is to me at least as important as whatever money you make. If filing these lawsuits saves a couple
hundred kids’ lives, great whether | make a penny or not. It’s just a terrible thing out there and it’s only one
arrow in the arsenal. It’s a terrible sickness. One of my kids had a problem. Thank fully he’s doing okay. If
there was a magic bullet other than a lawsuit to end or ameliorate the opioid crisis, we’d all jump on that magic

Finance Committee - 9/6/2017 Page 10

bullet but this is just one other way of approaching it. In addition to the financial way, it does change behavior.
| sound like a lawyer when | said that.

Alderman Cookson

| certainly don’t know if this question is premature but could you indicated whether you expect this to be a trial
by jury or is this a decision that the court would make itself?

Attorney Vogelman

No we make that decision and we’ve asked for a trial by jury. If at some point down the line there’s a collective
belief that we do better before a Judge, in New Hampshire and State Court, both sides have to agree. We
have to ask for the trial by jury and so either side can ask for it and then it’s set down for a jury trial. For it to
change to a trial by judge, everybody has to agree. This is hyper technical and maybe depending on the judge
we get, we’d rather have a judge but that is way down the line. We’ve asked for — on the front page of the
complaint it says jury trial request.

Alderman Cookson

And what’s the expectation for mediation? I’m assuming there’s that opportunity prior to it going to trial.

Attorney Vogelman

New Hampshire has one of the most aggressive mediation procedures in the country. Basically unless you
come up with a good reason not to, you’ve got to mediate every case. We are years away from that. What
happens sometimes in cases like this, they do a test case. They pick one court somewhere in the country and
they try it to get an idea of what juries are thinking about it and then bang, bang, bang everybody sits down and
they settle. Imagine and listen to the bad publicity. Their lawyers don’t work on a contingency basis. The
firms that they’re hiring at billing out at $700 - $800 an hour. So this is expensive for them. At some point they
kind of see the light and say we’d rather sit down and throw money at some of the plaintiffs. They'll do that and
there is a culture here in New Hampshire of mediating almost everything.

Alderman Cookson
Thank you.
Alderman Clemons

Now this is a real technical question but this is more on the city side more than anything else actually. | would
assume that this would probably come down to a settlement is what | would guess. Assuming that part of the
settlement has the city agreeing to spending money on like the tobacco lawsuit you have to spend money on
education and things like that. Assuming that an agreement like that has come to if the city takes in a lump of
| don’t know $10 million let’s say, are we able to spend it under our rules of the spending cap or are we just
going to put it into the bank account and let it sit there?

Attorney Bolton

Well certainly if we (inaudible) Board of Aldermen agreeing to some settlement which has terms on how we
spend a portion of those proceeds, we’re going to have to develop a mechanism by which we comply with that
settlement. If we can’t develop such a mechanism, obviously the Board of Aldermen whoever it is when and if
this comes to fruition will have to vote not to include such terms. If we’re firm, the $10 million might still be
available because after all the pharmaceutical company doesn’t really care about us providing education or
not. Or they may Say if you’re not going to this, we'll only give you $9.5 million or whatever the number would
be. That would be a decision the Board of Alderman would have to deal with at that point in time.

Finance Committee - 9/6/2017 Page 11

Attorney Vogelman

I'll tell you in similar lawsuits, it’s never the defendants who say you can only spend it for this or this. It’s the
municipality, the county, the states who decide we're not going to participate in this and they won’t vote to
approve the settlement unless it goes there. So you'll be making the decision. Perdue Pharmaceuticals does
not care where you spend the money. In a mediation, the mediator might suggest that a certain percentage of
money goes to hospitals, police and fire but they don’t care. It’s going to be you are right it’s a political
question that the city is going to have to make as to where they want to spend the money.

Alderman Clemons

| would just hate to see all this work done and then have us win and then have the money unable to be spent
because we can’t spend any money in this city.

Attorney Vogelman

You have a smart lawyer. He'll figure out a way. | can’t imagine a situation where we get an award and
because of some — | don’t know how the city really works but my guess is that you folks can work it out so that
you can spend the money.

Alderman Clemons

You would think. That’s been the million dollar question for 25 years.

Attorney Vogelman

You're beyond my jurisdiction here. | have no idea of that.

Attorney Bolton

We rebut with another lawsuit which they answer some of these questions.

Alderman Siegel
| think it’s probably a good problem to have to address if it comes down to that. | guess money that is received

without a defined purpose is subject to cap restraints | understand. We'll have to figure that out when the time
comes.

Attorney Vogelman
And you might have a blueprint from the damages that are argued. If we argue that it costs the Fire
Department this much, it cost welfare this much, it cost police this much. Maybe you can use that as a

blueprint as to where the money goes. Steve will let you know. | don’t know about caps but my guess is if you
do that you’re okay.

Attorney Bolton

When we get there whoever it sitting in this chair will advise you.
Mayor Donchess
Other questions? Comments? The motion is to recommend final passage of the resolution.

MOTION CARRIED

Finance Committee - 9/6/2017 Page 12
RECORD OF EXPENDITURES

MOTION BY ALDERMAN SIEGEL THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
AUGUST 11, 2017 TO AUGUST 31, 2017

MOTION CARRIED

PUBLIC COMMENT - None

REMARKS BY THE ALDERMEN

Alderman Cookson

I'll be brief. At the August 16" meeting, we had a discussion with regard to a particular mower that we were
going to engage in in mowing several miles within the city. During the course of the conversation, it was
expressed that the city would never pay $100,000 to $150,000 for this type of vehicle. While it’s not a similar
vehicle or it’s not the exact vehicle, we paid $100,000 this evening for another lawn mower for the city’s Park

and Rec. Department. | supported that motion. | just wanted to say that we do spend money on equipment
and in this case, we spent $100,000 on a lawn mower.

Mayor Donchess

Nick Caggiano did ask me to pass on if it became relevant that this is the workhorse. This mower we purchase
is the workhorse of the Parks Department.

Alderman Cookson

That’s why | supported the motion. | think it’s a wise investment and we needed to do it. | was just informed at
the last meeting that we would never spend that much on a mower and we have.

Alderman Clemons

| disagree Alderman Cookson. | think you’re taking his words out of context.
Alderman Cookson

Mr. Chair, it wasn’t Superintendent Caggiano’s words. | never indicated who said.
Alderman Clemons

Who said it then? No, who said it? Alderman Cookson who said that?

Alderman Cookson

Excuse me.

Alderman Clemons

Who said that we would never spend $100,000 on a mower?

Mayor Donchess

Alderman Clemons now you’ve asked the question. Alderman Cookson can | suppose decide to answer or
decline.

Finance Committee - 9/6/2017 Page 13
Alderman Cookson

Thank you. | would suggest that Alderman Clemons read the minutes of the meeting that took place and he
can determine who said it.

Alderman Clemons

| was there and | don’t recall anybody saying it. So that’s my point.

Mayor Donchess

Any other comments by aldermen?

Alderman Clemons

Yes | have one. | think that the grandstanding that goes on in this chamber sometimes is ridiculous. | think it’s

plain to cameras and the only people that get hurt by it are our city employees who have to come up here and
have to take abuse from some aldermen. | don’t think it’s right. Good night.

Mayor Donchess

Let the record show that Alderman Clemons is departing. Any other remarks by aldermen?
POSSIBLE NON-PUBLIC SESSION - None

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:47 p.m.

Alderman Ken Siegel
Committee Clerk

THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

August 31, 2017
Memo #18-029

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF CHARLOTTE AVE TURF (VALUE: $24,080)
DEPARTMENT: 177 PARKS AND RECREATION; FUNDS: GENERAL

Please see the attached communication dated August 24, 2017 from Nicholas Caggiano, Superintendent
Parks and Recreation for the information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Superintendent of the Parks and Recreation Departmeni, Fleet Manager, Board of Public Works
(8/24/2017 Meeting) and the Purchasing Department recommend this purchase in an amount of $24,080
to Winding Brook Turf Farm, Inc. of Wethersfield, CT.

Respectfully,

a

an’Kooken

Purchasing Manager

Cc: N Caggiano L. Fautex

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

To:

From:

Re:

City of Nashua, Public Works Division

Purchasing Department Meeting Date: September 6, 2017

Nick Caggiano, Superintendent
Parks and Recreation Department

Purchase and installation of turf.

B. Motion: To approve the purchase and installation of 56,000 square feet of turfgrass sod from

Attachments:

Discussion:

the low bidder Winding Brook Turf Farm Inc of Wethersfield CT, for an amount
not to exceeded $24,080. Funding is through Department: 177 Parks and
Recreation; Funds: General; Activity: Charlotte Ave Fields Improvements.

Quotes

The Charlotte Avenue field renovation requires the installation of 56, 000 square
feet of turf grass. This will be put on the fields themselves the off field areas will
be hydro seeded. We received four quotes Winding Brook was the low bid. The
recommendation is to award the job to Winding Brook. The installation will occur
in mid to late September. The Superintendent recommends this purchase be
awarded to Winding Brook Turf Farm Inc.

Winding Brook Turf Farm, Inc. Proposal

? 240 Griswold Road Date Proposal #
Wethersfield, CT 06109

8/3/2017 4892
Telephone 800-243-0232
Fax 860-529-6807
Prepared For Project
City of Nashua Soccer Fields
Public Works Division Nashua, NH
9 Riverside Street
Nashua, NE 03062
Description Qty U/M Rate Tatal
Bluegrass Fescue Large Rolls 56,000 1Sq Ft 0.31 17,360.00
Forklift Rollout Service 56,000) Sq Ft 0.03 1,680.00
Full Installation (Roll Out Included) 56,000 | Sq Ft 0.12 6,720.00
Total $25,760.00

TERMS: NET 30 DAYS WITH ESTABLISHED CREDIT. C.0.D. WITHOUT ESTABLISHED CREDIT

A Finance Charge 1 1/2% per month, which is an annual percentage rate of 18%, will be added on the unpaid balance after 30 days Customer
agrees to pay all costs necessary for collection of this invoice, including reasonable attorney's fees. This constitutes a contract between Winding
Brook Turf Fann, Inc and the buyer. Signature hereon of an authorized representative of the buyer indicates his acceptance of the merchandise

listed above, as to quality, quantity and guaraniece as listed above.

When Winding Brook is performing a roll out we allow 3 hours for the first truckload and | hour for each additional load. Any additional time will
be billed at $90 per hour.

If Applicable Sales Tax Will Be Added to Quoted Prices

GUARANTEE Winding Brook Turf Farm, Inc., guarantees the finest possible quality of sod. However, Winding Brook Turf Farm, [nc., cannot
accept responsibility for condimons after the sod leaves our hands which leads to growth failure such as lack of moisture or mproper watering.

www. windingbrookturf.net

FINANCE COMMITTEE

SEPTEMBER 6, 2017

7:00 PM Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From:
Re:

From:
Re:

From:
Re:

From:
Re:

From:
Re:

From:
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From:
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From:

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Dan Kooken, Purchasing Manager
2017 Ford Police Interceptor Utility Vehicle (Value: $37,109); Department: 150 Nashua Police
Department; Fund: CERF and Risk Claims Account

Dan Kooken, Purchasing Manager
2018 Supervisor’s Ford Police Interceptor Utility Police Package Marked Vehicle and Equipment
(Value: $31,913); Department: 150 Nashua Police Department; Fund: CERF

Dan Kooken, Purchasing Manager
Eight (8) 2018 Ford Police Interceptors Utility Police Package Marked Vehicles and Equipment
(Value: $243,096); Department: 150 Nashua Police Department; Fund: CERF

Dan Kooken, Purchasing Manager
Purchase of Personal Protective Equipment (PPE) Replacement (Value: $19,000); Department: 152
Fire; Fund: General Fund Operating Budget

Dan Kooken, Purchasing Manager
First Amendment to Lead Paint Inspectional Services Contract (Value: $40,000); Department: 184
Urban Programs; Fund: HUD Lead Hazard Control Grant

Dan Kooken, Purchasing Manager
Purchase of a Toro Groundmaster 5910-D Mower (Value: $104,838); Department: 177 Parks
and Recreation; Funds: Trust; Activity: CERF

Dan Kooken, Purchasing Manager
Purchase of Charlotte Ave Turf (Value: $26,640); Department: 177 Parks And Recreation;

Funds: General

Dan Kooken, Purchasing Manager
Replace Vehicle #136, 2017 Ford F350 (Value: $67,409); Department: 169 Wastewater; Fund: WERF

Mayor Jim Donchess
McFarland Johnson Contract Amendment #3 for 25 Crown Street Park and Ride Project

Mayor Jim Donchess
Notification of Entry into Contract with a 3% Party Supplier for Electricity Supply

UNFINISHED BUSINESS — None

NEW BUSINESS — None

TABLED IN COMMITTEE

R-17-120
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy
Alderman-at-Large Lori Wilshire
RELATIVE TO AN AGREEMENT FOR COUNSEL SERVICES CONCERNING POTENTIAL
OPIOID LITIGATION
e Tabled — 8/16/2017

RECORD OF EXPENDITURES

PUBLIC COMMENT
REMARKS BY THE ALDERMEN
NON-PUBLIC SESSION

ADJOURNMENT