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R-16-068

Endorsers: Mayor Jim Donchess
Alderman Thomas Lopez
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Brian S. McCarthy
Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire

AFFIRMING THE CITY OF NASHUA, NEW HAMPSHIRE AS A WELCOMING CITY AND TO

PARTICIPATE IN THE WELCOMING AMERICA INITIATIVE
NEW BUSINESS — ORDINANCES

O-16-016
Endorser: Alderman David Schoneman
AUTHORIZING STOP SIGNS AT THE INTERSECTION OF LOCK STREET AND CROSS STREET

O-16-017

Endorser: Alderwoman Mary Ann Melizzi-Golja

AMENDING THE STRATEGIC PLANNING COMMITTEE MEMBERSHIP
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

Parts By Other

Part Number Description Qty Weight Unit Price Total

SURFACE ENGINEERED WOOD FIBER 170 0.00 38.00 6,460.00

SW Spreading ENGINEERED WOOD FIBER 1 0.00 2,500.00 2,500.00
Totals:

Equipment Weight: 9,694.00 Ibs
Equipment List: $88,427.00
Discount Amount: -$15,400.00
Equipment Price: $73,027.00
Freight: $1,595.47
Installation: $25,000.00
Products by Other: $8,960.00
SubTotal: $108,582.47
Estimated Sales Tax*: $0.00
Grand Total: $108,582.47

Notes:

This Quote shal] not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company
(“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from
Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales
Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will retum a fully-signed copy of the Quote to
Customer (with copy to Sales Representative) via fax or email.

THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by
Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the
Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by
Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154,
Dallas, TX 75373-4154, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due
invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes,
license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of
Miracle Recreation Equipment Company.

Quote Number: R0071223423 Quote Date: 7/18/2022 Equipment: $88,427.00 Grand Total: $108,582.47

CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE
AND SUBJECT TO FINAL APPROVAL BY MIRACLE.

Submitted By Printed Name and Title Date
THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT

By:
Date:

ADDITIONAL TERMS & CONDITIONS OF SALE

7/18/2022 Page 4 of 5
QUOTE: R0071223423

a) THE CITY OF NASHUA "The Gate City"

Financtal Services

Purchasing Department

March 1, 2018
Memo #18-099

TO: MAYOR JIM DONCHESS
FINANCE COMMITTEE

SUBJECT: DIVISION OF PUBLIC HEALTH & COMMUNITY SERVICE SITE PARTICIPATION
AGREEMENT WITH MARY HITCHCOCK MEMORIAL HOSPITAL AND DARTMOUTH-
HITCHCOCK CLINIC (VALUE: $0)

DEPARTMENT: 172 COMMUNITY HEALTH

Please see attached communication from Bobbie Bagley, Director of Public Health & Community Services
dated March 7, 2018 for the information related to this contract award.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The Director of Division of Public Health & Community Services and the Purchasing Department
recommend the award of this contract to Dartmouth-Hitchcock of Lebanon, NH.

Respectfully,

/ ‘Dan Kooken
Purchasing Manager

Cc: B Bagley J Graziano

229 Main Street e Nashua, New Hampshire 03061 e Phone (603) 589-3330 e Fax (603) 589-3233 |

@ a THE CITY OF NASHUA "The Gate City"

Division of Public Health and Community Services

Office of the Director
TO: Daniel Kooken, Purchasing Manager
FROM: Bobbie D. Bagley, Director of Division of Public Health & Community Services

SUBJECT: — City of Nashua and Mary Hitchcock Hospital and Dartmouth-Hitchcock Clinic
DATE: March 7, 2018

Dartmouth-Hitchcock has a sub-grant agreement with Volunteer NH to operate an AmeriCorps
Program to provide services as a part of a continuum of care team for people with substance use
disorder and behavioral health needs.

Dartmouth-Hitchcock will be fully responsible for the fiscal management of the AmeriCorps
Program, and general liability coverage of the member. Dartmouth will be responsible for paying
the salary of the AmeriCorps member salary in the amount of $12,630.00.

The Division of Public Health and Community Services (DPHCS) is requesting approval of entering
into a site participation agreement with Mary Hitchcock Memorial Hospital and Dartmouth-
Hitchcock Clinic to serve as a host for one AmeriCorps member. The Division will serve as a host
site for one year of service with the term beginning February 12, 2018 and ending February 11, 2019.
Where, the AmeriCorps member will provide 1,700 hours of service during the service year as a full-
time service membet.

The Division will be responsible for providing day-to-day supervision and evaluation, administering
paperwork for the member and support of the member’s daily work activities offered through

Division programs focused on substance use disorder and mental health. The Division is not
responsible for hiring the AmeriCorps member during the service year.

Cc John Griffin Janet Graziano Bobbie D. Bagley

18 Mulberry St Street e Nashua, New Hampshire 03060 e Phone (603) 589-4546 e Fax (603) 594-4539

SITE PARTICIPATION AGREEMENT
By and Between

City of Nashua c/o Division of Public Health and Community Services
And

MARY HITCHCOCK MEMORIAL HOSPITAL AND DARTMOUTH-HITCHCOCK CLINIC

This Site Participation Agreement (the “Agreement”) is entered into between Mary Hitchcock Memorial
Hospital, for itself and Dartmouth-Hitchcock Clinic (referred to herein as “Dartmouth-Hitchcock”), and
City of Nashua c/o Division of Public Health and Community Services (referred to herein as “Host Site’).
This Agreement sets forth the terms and conditions for the assignment of one or more Members (as
defined below) accepted into the Community Resource Corps, an AmeriCorps Program (the “AmeriCorps
Program’), established at Dartmouth-Hitchcock, to perform services as part of a care coordination team
for persons with substance use and behavioral health needs at Host Site.

WHEREAS, Dartmouth-Hitchcock has entered into a certain Competitive Subgrant Agreement with
Volunteer NH (the “Subgrant Agreement’), pursuant to which Dartmouth-Hitchcock receives funding
from the Corporation for National & Community Service (“CNCS”) to establish and operate the
AmeriCorps Program;

WHEREAS, pursuant to the terms of the Subgrant Agreement, Dartmouth-Hitchcock is subject to certain
CNCS policies, and other federal laws and regulations relating to the AmeriCorps Program;

WHEREAS, Host Site agrees to host one or more AmeriCorps Members subject to the terms of this
Agreement, the CNCS policies and federal laws and regulations that are applicable to it as a host of
AmeriCorps Program Members as set forth more fully herein.

NOW, THEREFORE, in consideration of the covenants recited herein and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

lL. Service Year. Host Site agrees to host one or more AmeriCorps Program members to serve at
Host Site for any part of the service year beginning on February 12, 2018 and ending on February
11, 2019 (the “Service Year”). Each AmeriCorps Program member serving at the Host Site
during the Service Year is hereafter referred to as the Member. Each full-time Member shall
provide 1,700 hours of service at Host Site during the Service Year, while part-time Members
shall provide 850 hours during the Service Year.

2, Dartmouth-Hitchcock Responsibilities.

A. Dartmouth-Hitchcock shall comply with the terms of the Subgrant Agreement between
Dartmouth-Hitchcock and Volunteer NH.

B. Dartmouth-Hitchcock shall conduct a background check on the Member in accordance with
CNCS regulations.

C. Dartmouth-Hitchcock shall provide orientation and training to the Member at the start of the
Service Year and in-service training curriculum and program monitoring throughout the

Dd.

Service Year. Dartmouth-Hitchcock shall provide training to the Site Supervisor (as defined
below) in the AmeriCorps Program rules, regulations, priorities and expectations.

In consultation with the Host Site, Dartmouth-Hitchcock shall assign the Member to Host
Site, subject to the terms of the Subgrant Agreement and Dartmouth-Hitchcock’s ability to
recruit members for the AmeriCorps Program. Dartmouth-Hitchcock shall track the number
of hours the Member has worked toward his or her Service Year requirements.

Dartmouth-Hitchcock shall retain full responsibility for the management and fiscal control of
the AmeriCorps Program.

In consultation with the Host Site, Dartmouth-Hitchcock may transfer the Member from Host
Site to another placement site when consistent with the AmeriCorps Program’s overall
program goals and needs, and subject to the terms of the Subgrant Agreement.

Dartmouth-Hitchcock shall maintain general liability coverage covering its operations and
employees, including the Member, in commercially reasonable amounts (which shall be at
least One Million Dollars ($1,000,000) per incident and Three Million Dollars ($3.000,000)
in the aggregate), and will bear all expenses associated with such insurance.

Host Site Responsibilities.

A.

Host Site shal] reimburse the Member for all AmeriCorps Program travel expenses per the
Host Site’s travel reimbursement policy. Prior to the Member’s start of service, the Host Site
will determine the Member’s main office site, establishing a location for the Member to be
reimbursed from. Host Site shall provide documentation to Dartmouth-Hitchcock of all
travel expenses reimbursed to the Member.

Host Site shall provide direct day-to-day supervision for the Member by a member of the care
coordination team (the “Site Supervisor”). Site Supervisor shall participate in the supervisor
training provided by Dartmouth-Hitchcock and comply with the terms set forth in the Site
Supervisor handbook. Specifically, the Site Supervisor will be responsible to provide
orientation regarding daily operations at Host Site. The Site Supervisor shall be responsible
for evaluating the Member’s performance of their role as set forth in the Member position
description, attached hereto as Exhibit A. The Site Supervisor is also responsible for signing
all Dartmouth-Hitchcock and/or AmeriCorps Program paperwork for the Member, including
time sheets, and completing the AmeriCorps Program mid-year and final performance
evaluations. Host Site may not change the level of supervision of the Member, or otherwise
deviate from the responsibilities set forth in the position description, without Dartmouth-
Hitchcock's prior approval.

Host Site understands the Member may be required to participate in weekly webinars and
monthly in-person meetings hosted by Dartmouth-Hitchcock and other required AmeriCorps
Program events. The Host Site shall support the Member’s attendance at these events and
meetings even if it results in the Member being unavailable at the Host Site. Dartmouth-
Hitchcock shall not require the Member to spend more than twenty percent (20%) of the
Member’s service hours on training or administrative tasks and no more than ten percent
(10%) of the Member’s service hours on permitted fundraising activities.

Host Site shall require the Site Supervisor to contact the AmeriCorps Program Coordinator
with any concerns about the Member or programmatic issues and shall immediately notify the
AmeriCorps Program Coordinator of any Member disciplinary issues. The Site Supervisor
and the AmeriCorps Program Coordinator shall communicate regularly about any

disciplinary action until the issue is resolved.

Host Site acknowledges and agrees that Dartmouth-Hitchcock has a grievance procedure to
resolve disputes concerning the AmeriCorps Program. Host Site further acknowledges and
agrees that the outcome of the Dartmouth-Hitchcock grievance procedure, including any
decision rendered by the Program Director or an arbitrator, as applicable, shall be final and
binding.

The Host Site shall not offer employment to or hire the Member during the Member’s Service
Year, unless the Member’s employment will begin after the Member’s Service Year is
complete.

Host Site shall make every reasonable effort to ensure that the health and safety of the
Member are protected during the performance of the Member’s assigned duties. Host Site
shall not assign or require the Member to perform duties which would reasonably be expected
to jeopardize the Member’s safety or cause the Member to sustain injuries.

Host Site shall permit the Member to wear the AmeriCorps Program lanyard/badge during all
service activities and to introduce himself or herself as an AmeriCorps Program Member
when meeting with Host Site patients/clients. Where appropriate, Host Site agrees to display
signs that include the AmeriCorps name and logo and to use the slogan, “AmeriCorps
Serving Here.”

Host Site shall provide information to Dartmouth-Hitchcock as requested and as necessary to
allow Dartmmouth-Hitchcock to satisfy its reporting obligations under the Subgrant
Agreement. Host Site shall allow site visits by the AmeriCorps Program Coordinator and
Program Director to ensure compliance with the AmeriCorps Program reporting requirements
and to track the Member’s progress in meeting the requirements of the position description.

Host Site shall provide materials and supplies related to the performance of assignments and
adequate working space to permit the Member to perform their assigned duties. This includes
all necessary computer equipment and, if required as part of the Member’s AmeriCorps
Program responsibilities, a cellular phone and service plan.

Host Site shall approve the Member’s time sheet by the close of business each Friday. Host
Site shall require Site Supervisor to attest to the time devoted to AmeriCorps Program
responsibilities on a monthly basis.

Host Site shall allow the Member to participate in emergency disaster relief efforts in New
Hampshire, if called upon by Volunteer NH or CNCS to do so,

Host Site shall allow the Member to participate in AmeriCorps Program Days of Service,
including, for example Martin Luther King Day and AmeriCorps week, should activities be
organized in the communities where the Member is in service.

N.

Host Site shall operate its business in compliance with federal, state, and local law, rules and
regulations.

Host Site shall maintain general liability coverage covering its operations and employees,
including the Site Supervisor, in commercially reasonable amounts (which shall be at least
One Million Dollars ($1,000,000) per incident and Three Million Dollars ($3,000,000) in the
aggregate), and will bear all expenses associated with such insurance.

4, Prohibited Activities.

A.

The Member may not displace an employee or position at Host Site, including partial
displacement such as a reduction in hours, wages or employment benefits. Host Site shall not
displace a volunteer by using the Member. Host Site further agrees not to accept, or permit
the acceptance of compensation from the Member or from any other party for the service of
the Member.

Host Site agrees not to require, request or allow the Member to engage in any of the

following activities while the Member is charging time to the AmeriCorps Program or while
the Member is representing him/herself as an AmeriCorps Member:

i. Attempt to influence legislation;
ii. Organizing or engaging in protests, petitions, boycotts or strikes;
iii. Assisting, promoting, or deterring union organization;
iv. _ Impairing existing contracts for services or collective bargaining agreements;

v. Engaging in partisan political activities, or other activities designed to influence the
outcome of an election to any public office;

vi. Participating in, or endorsing, events or activities that are likely to include advocacy
for or against political parties, political platforms, political candidates, proposed
legislation, or elected officials;

vii. Engaging in religious instruction, conducting worship services, providing instruction
as part of a program that includes mandatory religious instruction or worship,
constructing or operating facilities devoted to religious instruction or worship,
maintaining facilities primarily or inherently devoted to religious instruction or
worship, or engaging in any form of religious proselytization;

villi. Providing a direct benefit to —

a. A business organized for profit;

b, A labor union;

c. A partisan political organization,

d. A nonprofit organization that fails to comply with the restrictions contained
in section 501(c)(3) of the Internal Revenue Code of 1986 except that
nothing in this section shall be construed to prevent participants from
engaging in advocacy activities undertaken at their own initiative;

ix. Conducting a voter registration drive;

x. Providing abortion services or referrals for receipt of such services; and

xi, | Such other activities as CNCS may prohibit.

Representation of Non-Exclusion. Host Site represents that it has not been, and that its
employees providing services under this Agreement have not been convicted of a criminal
offense related to health care, and it is not, and its employees are not, currently listed by a federal
agency as debarred, excluded, or otherwise ineligible for participation in federally funded health
care programs or ineligible to receive federal funds. Host Site will notify Dartmouth-Hitchcock
immediately, in writing, of any change in this representation during the Service Year. Host Site
further covenants that it will not enter into any subagreement for the performance of services
hereunder with a subcontractor that is debarred, excluded, or otherwise ineligible for participation
in such programs or ineligible to receive such funds.

Term and Termination.

a. This Agreement shall be in effect for the term of the Service Year, unless terminated in
accordance with the termination provisions set forth herein. Thereafter, this Agreement
may be renewed for additional one-year terms upon agreement by the parties and as
permitted by the Subgrant Agreement.

b. This Agreement may be terminated as follows:

i.

ii,

lil.

iv.

Dartmouth-Hitchcock may terminate this Agreement at any time and in its sole
discretion upon written notice to the Host Site if the Subgrant Agreement is
terminated for any reason, including for the unavailability, delay, reduction or
elimination of the grant funds.

Changes in Law. \f any change is made during the Service Year to the laws,
regulations or federal guidance governing any of the responsibilities under this
Agreement, Dartmouth-Hitchcock may, in its sole discretion, terminate or
suspend this Agreement, in whole or in part, as it deems appropriate or necessary
to comply with such change.

If any agency with due authority determines that a program or facility operated
by Host Site, wherein services authorized under this Agreement are provided, is
not in compliance with state and federal law, Dartmouth-Hitchcock may
terminate this Agreement immediately and notify Host Site accordingly.

If either party shall, at any time, fail to perform such party’s obligations under
this Agreement or otherwise breach a material term or condition of this
Agreement, the non-breaching party shall notify the breaching party of such non-
compliance in writing. If the default or breach continues for a period of thirty

(30) days following the written notice, then the non-breaching party may, upon
written notice, terminate this Agreement.

c. This Agreement may be extended upon mutual written agreement of the parties.

Indemnification. Each party agrees that it will defend, indemnify, and hold harmless the other
party, and the other party’s trustees, directors, officers, employees, and agents from and against
any and all claims, actions, suits, proceedings, liabilities, losses, demands, judgments, and
expenses (including court costs and reasonable attorneys’ fees) arising out of the breach of this
Agreement or the negligent acts or omissions or intentional misconduct of such indemnifying
party or its employees or agents in performing its or their obligations under this Agreement.

Confidentiality. The parties acknowledge that in the course of performing their obligations
under this Agreement, each party may become privy to confidential business information
(“Confidential Business Information’) of the other party (defined as any information that one
should reasonably believe is of a secret, confidential, private. or proprietary nature and which is
connected to the business of the other party). Included within the definition are matters of a
business nature (such as this Agreement and information about rates, charges, costs, claims,
professional services agreements and employees) and any other information of a similar nature
not available to the public. Each party agrees not to disclose any Confidential Business
Information of the other party to any third party unless authorized in writing by the other party or
unless such disclosure is required by law. Each party shall instruct its employees and contractors
as to its obligations under this Section. Notwithstanding the foregoing, Confidential Business
Information shall not include information: (i) rightfully in the public domain or which hereafter
becomes part of the public domain (other than through a breach of this Agreement), (ii) required
to be disclosed by law; (iii) that is independently developed by the receiving party; or (iv) that
was learned by the receiving party from a third party who did not impose confidentiality
obligation on the receiving party.

General

a, Amendment. This Agreement may be changed, amended, modified, or extended only in
writing signed by both parties to this Agreement.

b. Governing Law and Jurisdiction. This Agreement and the obligations of the parties
under it will be governed by and interpreted under New Hampshire and/or federal law, as
applicable. Any legal action hereunder will be brought and conducted in a court located in New
Hampshire with appropriate jurisdiction over the dispute, and any choice of law provisions to the
contrary will not apply.

c. Waiver. A waiver of any right under this Agreement will be effective only if it is in
writing and signed by an Authorized Official of the waiving party. No waiver of any right will be
deemed to be a waiver of any future right under this Agreement.

d. Severability. If any provision of this Agreement is determined to be invalid or illegal,
such invalidity or illegality will not affect the other provisions of the Agreement; instead, the
Agreement will be construed as if the invalid or unenforceable provisions were limited to the
fullest extent permitted by law and consistent with the spirit and intent of this Agreement.