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e. No Third Party Beneficiaries. [Except for the U.S. Government], no person, organization
or other party not a signatory to this Agreement will be regarded as a beneficiary of its terms or
will have the standing or right to enforce any of the provisions of this Agreement.

f. Assignment. This Agreement may not be assigned by either party without the prior
written consent of the other, provided that, if permitted by law, Dartmouth-Hitchcock may assign
this Agreement to a parent, affiliate, or subsidiary, or to the successor in interest in the event of a
merger or transfer of substantially all of its assets.

g. Independent Contractor Relationship. This Agreement does not establish any partnership,
joint venture, employment, or other relationship between the parties or with any third party.
Nothing in this Agreement shall be construed as an employment contract or as creating any
contractual obligation enforceable by any employee, either individually or collectively, against
Dartmouth-Hitchcock or Host Site.

h, Notice. All notices which may be required under this Agreement shall be in writing, and
shall be deemed given (i) when personally delivered, (ii) five days after mailing by registered or
certified mail, return receipt requested, postage prepaid, or (iii) upon delivery by national
overnight express mail carrier, at the following addresses (or such other address as the party to
whom such notice is to be given may have furnished to the other party in accordance herewith):

Ifto Dartmouth Hitchcock:
Attention: Christine Dyke
Mary Hitchcock Memorial Hospital
One Medical Center Drive
Lebanon, NH 03756

With a copy to:
General Counsel
Dartmouth-Hitchcock

One Medical Center Drive
Lebanon, NH 03756-0001

If to Host Site:
Attention: City of Nashua c/o Division of Public Health and Community
Services
18 Mulberry Street, Nashua NH 03060

IN WITNESS WHEREOF, the parties hereto have executed this Agreement through their duly
authorized representatives.

Dartmouth-Hitchcock

By:

Name:

Title:

Date: 2018

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

By:

Name:
Title:

Date: . 2048

1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate
safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety
Commission Handbook for Public Playground Safety.

2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the
terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all
remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code.
Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment
or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All
remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer
shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under
law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent
in such month and is not received by Miracle within ten (10) days after the date on which due.

3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD
WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL
CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO
MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN
APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES
INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC
PLAYGROUND SAFETY.

4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached
under any tegal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to
any location not specified in this Quote.

5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase
money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer
agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the
Equipment.

6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties’ obligations shall be
governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of
the state and federal courts located in the city and county of St. Louis, Missouri.

7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all
risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty
shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall
insure the Equipment against all such losses and casualties.

8. Waiver; Invalidity. Miracte may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or
cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in
writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of
any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the
remaining valid portions hereof.

9. Entire Agreement; Amendment, Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing
exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written
instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that
Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and
time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and
their successors and assigns.

10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in
counterparts, each of which shail constitute an original. The facsimile or other electronic transmission of any signed original document and
retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either
party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document.

Rev E 021815

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

EXHIBIT A

Member Position Description

Members work with patients at Host Site to identify some of the challenges in their daily life. Members
find services that address problems like homelessness, hunger, transportation, childcare, financial needs;
or social determinant of health related challenges. Members support the improved health of Host Site's
patients by increasing access to community services, improving care coordination between nurses,
doctors, and social workers, and connecting patients to support they need.

Members shall be responsible for:

-Supporting patient recovery by identifying barriers to being healthy

-Researching, navigating, and supporting patient access to local community resources for housing, jobs,
access to healthy foods, social connections and more

-Developing relationships with community partners

-Providing non-judgmental, empathetic, and professional assistance to patients at Host Site with
substance use or behavioral/mental health disorders

Members shall demonstrate:

-Good writing and oral communication skills

-Maturity, integrity, and empathy

-The ability to work independently and be self-directed, while contributing to a team goal

-Research and networking skills; must feel comfortable working with people and making connections

Members shalt:

-Have access to a vehicle/regular transportation
-Have a high school diploma or the equivalent
-Be at least 18 vears of age

THE CITY OF NASHUA ithe Gale Cy

Financial Services

Purchasing Department

March 1, 2018
Memo #18-095

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: BROAD STREET PARKWAY PROPERTY APPRAISALS (VALUE: $10,000)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND
ACTIVITY: BROAD STREET PARKWAY

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated February 22,
2018 for information related to this contract.

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 City Engineer, Board of Public Works (Februrary 22, 2018 meeting) and the Purchasing Department

recommend the approval of this contract in amount of $10,000 to Capital Appraisal Assoc., Inc. of
Concord, NH.

Respectfully,

Dan Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

229 Main Street « Nashua, New Hampshire 03061 ¢ Phone (603) 589-3330 » Fax (603) 589-3233

To:

From:

Re:

Motion A:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 22, 2018

Stephen Dookran, P.E., City Engineer
Engineering Department

Broad Street Parkway
Property Appraisal

To approve a contract with Capital Appraisal Assoc., Inc. in the amount of $10,000 for
the appraisal of four Broad St Parkway parcels or portions of parcels declared as surplus.
Funding will be through Department 160 Admin/Engineering; Fund: Bond; Activity:
Broad Street Parkway.

Broad Street Parkway Appraisal Services Cost Proposal

The City acquired property in advance of construction of the Broad Street Parkway
project. Some property or portions thereof are not needed for the alignment as
constructed and have been declared surplus. Since these parcels were acquired using
federal funds, appraisals complying with uniform standards used by the NHDOT are
required for their disposal. Appraisals of the four (4) Broad St Parkway parcels listed
below were completed by Fremeau Appraisal, Inc. in the past year but the reports did not
support the City’s target for the selling prices. The City has now obtained clearer
direction from the NHDOT on how to proceed and new appraisals are required for the
four parcels:

» 44 Broad Street, Assessor’s Map 71, Lot 2

* 73-75 Broad Street, Assessor’s Map 133, Lot 33
* 11 Baldwin Street, Assessor’s Map 62, Lot 233
® 9 Hillcrest Avenue, Assessor’s Map 62, Lot 182

The City solicited proposals from qualified appraisers to perform the appraisals of the
four parcels and the following proposals were received:

Capital Appraisal Assoc., Inc. of Concord, NH - $10,000
McManus & Nault Appraisal Co., Inc. of Bow, NH - $13,500

It is recommended that Capital Appraisal be awarded this contract based on a reasonable
proposal and successful completion of past assignments on the Parkway.

EXHIBIT B

Broad Street Parkway
Appraisal Services

Cest Proposal!

Proposal of Capital Appraisal Assoc., Inc. (hereinafter

called "BIDDER"), organized and existing under the laws of the

doing business as corporation

(Corporation, Partnership, Indrcidual)
To the City of Nashua, 229 Main St., Nashua, 03060 (hereinafter called "OWN ER").
In accordance with the Request for Proposals, BIDDER hereby proposes to perform the

Work required to appraise the properties listed below within the time set forth therein,
and ai the lump price stated below. The undersigned certifies that the above entity fs on
the list of NHDOT approved appraisers and in good standing with NHDOT. The proposal
shall be valid for sixty (60) days.

Parcel Appraisal Cost

44 Broad Street, Assessor's Map 71, Lot 2 $ 2,500.00
73-75 Broad Street, Assessor's Map 133, Lot 33 $ 2,500.00
11 Baldwin Street, Assessor's Map 62, Lot 233 $ 2,500.00
9 Hillcrest Avenue, Assessor’s Map 62. Lot 182 $2,500.00

Total of S8Warcels $10,000.00
wer J/ JP... January 17, 2018
(uthorizéd Signature & Title (Officer) Date

Timothy R. Daniels

Broad Street Parkway
Appraisal Services

Cost Proposal

| a the
Proposal of MoMeanus + [au \t Roe ratsal Ve (hereinafter

called "BIDDER"), organized and existing under the laws of the State ot N HH

doing business as CO 02 Ce at io Om

(Corporation, Partnership, Individual)
p

To the City of Nashua, 229 Main St., Nashua, 03060 (hereinafter called "OWNER").
In accordance with the Request for Proposals. BIDDER hereby proposes to perform the

Work required to appraise the properties listed below within the time set forth therein,
and at the lump price stated below. The undersigned certifies that the above entity is on
the list of NHDOT approved appraisers and in good standing with NHDOT. The proposal
shall be valid for sixty (60) days.

Parcel Appraisal Cost
b 2 sD
44 Broad Street, Assessor’s Map 71, Lot 2 PIAS
73-75 Broad Street, Assessor’s Map 133, Lot 33 § >, 200
1] Baldwin Street, Assessor’s Map 62. Lot 233 % 4 200
9 Hillcrest Avenue, Assessor's Map 62, Lot 182 ° 2 200
eS
a
Total of Six Parcels 5 5OU
an A te

Authorized Signature & Title (Officer) Date

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor
shall furnish all services, equipment, and materials and shall perform all operations necessary and
required to carry out and perform in accordance with the terms and conditions of the contract the work
described.

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work within the
time periods set forth and may only be altered by the parties by a written agreement to extend the period
of performance or by termination in accordance with the terms of the contract. Independent Contractor
shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

4. COMPENSATION, Independent Contractor agrees to perform the work , in accordance with Exhibit B,

for a total cost not to exceed
TEN THOUSAND AND 00/100 Dollars ($ 10,000.00)

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent
Contractor shall submit an itemized Application for Payment for operations completed in accordance with
the values stated in the Agreement. Such applications shall be supported by such data substantiating the
Independent Contractor’s right to payment as the City of Nashua may reasonably require. Independent
Contractor shall submit monthly requests for payment for services performed under this agreement
directly to:

>» Electronically via email to VendorAPInvoices@NashuaNH. gov
OR
> Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Please.do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Applications for Payment shall be submitted no later than fifteen (15) days after the end of each month.
The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent
Contractor within thirty (30) days from the time of approval by the City of Nashua.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract

shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

AG 2 of 3

CITY OF NASHUA REPRESENTATIVE:

Stephen Dookran, P.E.

City Engineer, City of Nashua
9 Riverside Street

Nashua, NH 03062

REPRESENTATIVE:

Timothy R. Daniels, President
128 South Fruit Street
Concord, NH 03301

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written

notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally

bound thereby. -

City of Nashua, NH (signature)

James Donchess, Mayor
(Printed Name and Title)

Date

Timothy R. Daniels, Pres. Capital Appraisal Assoc

(signature)

Date

AG 3 of 3

(Printed Name and Title)