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3. The HSEN shall provide 24/7 access to the facilities to the Animal Control Officer
and/or officers of the Nashua Police Department.

4. In accordance with Nashua Revised Ordinances Chapter 93-6 Impoundment_ of
dogs, cats and ferrets found at large, the Contractor will post a monthly listing of all
strays available for adoption on the HSFN website.

5. In accordance with State of New Hampshire Law, no wildlife of any kind will be
accepted into the shelter living or dead.

6. HSEN will be required to provide the following services for any animal subject to
impoundment from the Animal Control Officer or Nashua Police Department:

e HSFN will maintain records of all animals accepted at the shelter;
If contact information is provided, HSFN will be responsible for notifying by
telephone, text, email, fax or postal mail, within a reasonable time period not to
exceed 24 hours, the owners of all animals brought to the shelter by the Animal
Control Officer or Nashua Police Officers;

e HSFN will retain confirmatory proof of notification of the owner;
HSFN will verify Rabies vaccinations for post-quarantine animals;

e Provide impounded animals with adequate food, water and shelter;

7. HSFN will provide, or ensure provision and payment of, all rabies-related services for
canines, felines and ferrets for the City of Nashua impounded by the Animal Control
Officer or a Nashua Police Officer only, in accordance with RSA 436 Rabies Control.

8. HSFN will ensure the proper handling of any remains of animals that have been prepared
for rabies testing.

9. HSFN will provide a copy of Post Bite Veterinarian Reports to the Nashua
Environmental Health Department within 48 hours of veterinarian exam for animals
impounded/quarantined at HSFN. Post Bite reports may be submitted by postal mail or

electronically to EH@NashuaNH.Gov.
CITY RESPONSIBILITIES

The City of Nashua will be responsible for the oversight of the Contract with the Humane
Society for Greater Nashua and will work with HSFN to develop service procedures
inciuding but not iimited to: animai impoundment procedures; rabies protocois; provide
coverage of Animal Control Officer responsibilities during times that the ACO is not
available; assist the HSFN with owner-identification and notification; cooperate with NH
Fish & Game for the handling of wild or feral animals; the ACO will obtain, become trained
in the use of, and utilize a microchip scanner to determine if an animal is owned or stray;
and will pay $50.00 each for the replacement of facility keys lost by the Animal Control
Officer or Nashua Police Department employees. The City will not impose any adoption
criteria to be used as HSFN has policies and procedures in place regarding adoption of animals.
No obviously sick or injured animals will be deposited at HSFN by any city agent.

PLACE OF PERFORMANCE

The work described above shall be performed at Humane Society for Greater Nashua
Corporation, 24 Ferry Road, Nashua, NH 03064 or in Humane Society approved foster
families or facilities.

TIME PERIOD

The Contractor agrees to commence work on July 1, 2019 and complete all functions
required in a timely, professional and competent manner. This Agreement will expire on
June 30, 2020.

TERMINATION CLAUSES

The City or Contractor can terminate this Agreement, with a 90-day written notice. The
City will pay the Contractor a prorated amount for all services performed up to that date.
The City is entitled to all contract-related notes, drafts and documents produced by the
Contractor up to that date.

PAYMENT FOR SERVICES
The Contractor will be paid as follows:
The Contractor will be paid in monthly increments of $8,256.75. Payment will be made

through the City payment system. Total contract amount for program expenses cannot
exceed $99,081.00.

REPORTING

The City shall not supervise or directly control the work of the Contractor. The City does
reserve the right to inspect the work being performed. The Contractor shall have the ultimate
authority to determine the hours of work, the length of workdays, the means and methods of
performance of the work, and the City shall not interfere in this regard.

The designated City Representative for this Agreement is the Director of Public Health and
Community Services. All notices, project materials, requests by Contractor, invoice forms,
monthly reports, and any other communication about the contract, shall be addressed or be
delivered to the City Representative.

The City of Nashua’s Health Officer and Animal Control Officer both have Statutory Authority
over the Impoundment and Quarantine activities within the City of Nashua. By signing this
Agreement, the Contractor agrees to abide by the Statutory Authority granted the Health Officer
and the Animal Control Officer under NH RSA 436 and 466, as well as by the Nashua Revised
Ordinances, Chapter 93, Animals.

All concerns regarding this Agreement and the Scope of Services described within this
Agreement shall first be directed to the Division of Public Health and Community Services

3

Director. The Director shall bring forward any concerns to the appropriate City department or
City Official.

The Contractor shall submit by e-mail, an electronic copy of the required Impoundment &
Quarantine Monthly Report to the Division of Public Health and Community Services Director.

The Executive Director and/or the designated Directors of the HSFN shall meet with the
following City staff at least two (2) times per year to review the monthly reports and contract
deliverables: Director of the Division of Public Health and Community Services, Health Officer,
Animal Control Officer, Chief of Police or designee, and Finance Manager for the Division of
Public Health and Community Services.

CITY INSPECTION OF PLACE OF PERFORMANCE AND CONTRACT MATERIALS

The Contractor’s Place of Performance shall be subject to inspection and compliance with the
City of Nashua’s Revised Ordinance 93-3, Keeping and Housing Animals. This shall
include: the location, construction, erection and sanitary condition of all structures used in
the fulfillment of the Scope of Services of this Agreement. In accordance with NRO 93-3,
the Contractor shall submit any plans to the Board of Health before any building used in
the keeping and housing of animals under this Agreement shall be constructed, altered,
extended or moved.

The books, records, documents and accounting procedures and practices of the Contractor related
to this contract shall be subject to inspection, examination and audit by the City, including, but
not limited to, the contracting agency and Corporation Counsel.

The City will provide at least 48 hours notice of inspection.
SUBCONTRACTORS

The Contractor may, at his/her discretion and at his/her own expense, employ such
subcontractors as may be necessary for the performance of work. The Contractor agrees to pay
any wages, taxes, unemployment insurance, withholding taxes, and workers’ compensation
insurance required by law for subcontractors. Said subcontractors will not be paid or supervised
by the City. The Contractor shall provide the City with prior notice of the Contractor’s intent to
employ subcontractors to perform any services required by this Agreement. The City shall have
the right to reject any subcontractors for good cause. Prior approval by the City of a
subcontractor is not required in emergency situations.

INSURANCE

The Contractor agrees to provide his/her own workers’ compensation and liability insurance for
work performed, naming the City as additional insured. The contractor must maintain required
limits of coverage for the duration of the contract/project.

Prior to commencement with the project, the selected agency/individual will be required to
provide proof of insurance, ten (10) days prior to commencing work under the contract document
and will notify the City of any changes in coverage or change of carrier should they deviate from
the following:

4

- Comprehensive General Liability - $1,000,000 per occurrence/$2,000,000 aggregate -
City of Nashua must be named as an additional insured.

- Workers' Compensation by a Class A Carrier as required by statute/Employers' Liability
of $500,000/$500,000/$500,000.

Contractor shall maintain for the duration of the contract all required insurance coverage.
Coverage must be written with an insurance carrier licensed to do business in the State of New
Hampshire. City of Nashua requires thirty (30) days written notice of cancellation or material
change in coverage.

Contractor is responsible for filing updated Certificates of Insurance with the City of Nashua
Risk Management Department during the life of the contract. A copy of the current Certificates
of Insurance must be submitted to the Director of the City of Nashua’s Division of Public Health
and Community Services within thirty (30) days of the signing of the Agreement.

Regardless of the coverage provided by any insurance, the Contractor agrees to indemnify and
shall defend and hold harmless the City, its agents, officials, employees and authorized
representatives and their employees from and against any and all suits, causes of action, legal or
administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,
attorneys' fees, costs and expenses of any kind or nature in any manner caused, occasioned, or
contributed to in whole or in part by reason of any negligent act, omission, or fault or willful
misconduct, whether active or passive, of the Contractor or of anyone acting under its direction
or control or on its behalf in connection with or incidental to the performance of this
contract. The Contractor's indemnity, defense and hold harmless obligations, or portions thereof,
shall not apply to liability caused by the sole negligence or willful misconduct of the party
indemnified or held harmless. The City agrees to indemnify, defend and hold harmless the
Contractor, its agents, officials, employees and authorized representatives and their employees
from and against any and all suits, causes of action, legal or administrative proceedings,
arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of
any kind or nature resulting or arising from the City’s, its agents’ or representatives’ sole
negligence or willful conduct.

COMPLIANCE WITH APPLICABLE LAWS

The Contractor, at all times, shall fully and completely comply with all applicable local, state and
federal laws, statutes, regulations, ordinances, orders, or requirements of any sort in carrying out
the obligations of this contract, including, but not limited to, all state and local laws and
requirements regarding the impoundment and quarantining of animals, federal, state, and local
accounting procedures and requirements, all immigration and naturalization laws, and the
Americans With Disabilities Act. The Contractor shall, throughout the period services are to be
performed under this contract, monitor for any changes to the applicable laws, statutes,
regulations, ordinances, orders, or requirements, shall promptly notify the City in writing of any
changes to the same relating to or affecting this contract, and shall submit detailed
documentation of any effect of the change in terms of both time and cost of performing the
contract.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

This contract constitutes the entire contract between the City and the Contractor. 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.

In the event that any current law, regulation, or ordinance, either local or state, is amended,
rescinded, newly enforced or enacted which affects this Agreement, the parties shall, in good
faith, amend this Agreement in order to be in compliance with said Legislative changes. If said
changes cause an increase in fees or costs by either party, the parties in good faith shall amend
this Agreement to reflect the treatment of said fees or costs.

INDEPENDENT CONTRACTOR

The Contractor agrees that HSFN is completely independent from the City and is not an
employee of the City. The Contractor warrants that HSFN may work for other individuals and/or
entities.

CHOICE OF LAW AND VENUE

This Agreement shail be governed exclusively by the laws of the State of New Hampshire and
any litigation regarding the interpretation or enforcement of this Agreement shall only be
brought in a court located in the State of New Hampshire.

Douglas Barry, Executive Director James Donchess, Mayor
Humane Society for Greater Nashua Corporation City of Nashua, NH
Date Date

THE CITY OF NASHUA “the Cate City"

Administrative Services

Purchasing Department

July 4, 2019
Memo #20-001

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF VARIOUS CHEMICALS FOR THE WASTEWATER TREATMENT
FACILITY (VALUE TOTAL OF: $601,000)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communications from David Boucher, Superintendent Wastewater Department
dated June 27, 2019 for the information related to these purchases.

Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be procured through
cooperative intergovernmental purchase agreements with other governmental jurisdictions.

The Wastewater Treatment Facility will be purchasing the following chemicals from the vendors as noted:

Polydyne NE2180 Polydyne of Riceboro, GA $1.18/LB Delivered/5,000 gal load @ $1.12/LB
Polydyne C-6266 $1.18/LB Delivered/5,000 gal load @ $1.12/LB
Amount $412,000

Sodium Hypochlorite Borden & Remington, Fall River, MA $0.0855/WET LB
#104 15%, Bulk
Amount $125,000

Sodium Bisulfite PVS Chemical Solutions $0.1196/WET LB
#79 38%, Bulk
Amount $64,000

The Superintendent Wastewater Department, Board of Public Works (6/27/2019 meeting) and Purchasing
recommend the purchase of the items above.

Respectfull

Ohi
“7 Dan Kooken
Purchasing Manager

Ce: D Boucher L Fautuex

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

To:

From:

Re:

D. Motiea:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: June 27, 2019

David Boucher, Superintendent
Wastewater Department

Polymer

To approve the purchase of polymer from Polydyne of Riceboro, GA in the amount of
$412,000. Funding will be through: Department: 169 Wastewater; Fund: Wastewater;
Account Classification: 61 Supplies & Materials.

Vendor quote
Polymer is a product used at the plant to coagulate sludge.

Periodically, the Facility has different companies come in and do bench testing to ensure
we are using the best polymer for the best price to meet our needs. Our current product
continues to perform well, producing a dry product that saves the City money in trucking
and disposal costs. The Polydyre products we are currently using are Clarifloc NE2180
for the screw presses and Clarifloc C-6266 for the belt filter presses.

Polydyne is offering the City a unit price of $1.18/Ib for both of these products for the
FY20 year, with a potential savings for a full 5000 gallon load at $1.12/lb. Our annual
estimated cost for these two polymers is $412,000.

www. polyclyneinc.com

Emailed to: osbornen@nashuanh.gov
May 31, 2019

Ms. Noelle Osborne

City of Nashua

2 Sawmill Road

Nashua, NH 03060

Subject: Polymer Price Quotation

Dear Ms. Osborne:

Polydyne Inc. is pleased to offer the following price quotation:

PRODUCT PRICE PACKAGE

m —
CLARIFLOC® NE-2180 $1.12/LB. DELIVERED FULL BULK — 5,000 GAL MIN.

$1.18/LB DELIVERED* LTL BULK — 2,000 GAL MIN.
2300 L@. TOTES

CLARIFLOC® C-6266 $1.18/LB DELIVERED* 2300 LB. TOTES

*Freight/Tariff Surcharge may apply
Quotation Period: Firm July 1, 2019 through June 30, 2020,
Payment Terms: Net 30 days — No Discounts

Thank you for your business. If you have any questions, feel free to contact Alex Krantz,
Technical Sales Representative, at (856) 745-1936. Orders may be placed online at:
www.polydyneinc.com/polydyne-online-order-form/ or through our Customer Service
Department at (800) 848-7659. Your Customer Service Representative is Heather James.
Heather's direct extension is 8735.

Best regards, L

Fait

Vice-President

SNF Polydyne * 1 Chemical Plant Road + Riceboro, GA 31323 USA - Tel 800.848.7659

To:

From:

Re:

B. Motion:

Attachment:

Discussion:

City of Nashue, Public Works Division
Board of Public Works Meeting Date: June 27, 2019

David Boucher, Superintendent
Wastewater Department

Sodium Hypochlorite

To approve the purchase of the chemical Sodium Hypochlorite in the amount of $125,000
from Borden & Remington of Fall River, MA. Funding will be through: Department:
169 Wastewater; Fund: Wastewater; Account Classification: 61 Supplies & Materials.

NEMVCC 2019/20 Bid sheet

The Wastewater Department again participated in the Northeast/Merrimack Valley
Chemical Consortium (NEMVCC) bid process. Sealed bids were due by May 23, 2019
electronically or on paper to the Groton Water Department.

Borden & Remington was the low bidder for Sodium Hypochlorite. Sodium Hypochlorite
is used to disinfect the wastewater before it is discharged into the Merrimack River. It is
also used in odor control for the air scrubber system. This chemical is used at the
Wastewater Treatment Facility.

#104 — Sodium Hypochlorite 15%, Bulk, price/ wet lb.

Borden & Remington Fall River, MA | $0.0855
Univar U.S.A., Inc Morrisville, PA | $0.0890

NORTHEAST/iMERRIMACK VALLEY
CHEMICAL CONSORTIUIVi
98
SODIUM FLUORIDE
FULL 40 BAG PALLET

OF 50 LB BAGS

DRY LB.
Harcros Chemicals, Inc. -
CHEMRITE INC -
Borden & Corp. -

99
APHOSPHATE
. BAG

CARUS COR
Chemical CO > 1. 7 MIN 1,500 LES/DELIVERY

Shannon Chemical $¥0700

Harcros Chemicals, Inc, - 1.1200
CHEMRITE INC - 1.2500 MINIMUM 1,000 LBS./DELIVERY

MONSON CHEMICAL INC - $1.2760 PALLET LOADS
ASTRO CHEMICAL 1.7500
100

Sodium |
55 GAL DRUM
— WET 1B.
CARUS CO -
Chemical CO - $0.6221 CP 734, MIN. 3 DRUMS/DELIVERY
Shannon Chemical Corporation $0.6400
101
SODIUM C
250 GAL.
Wet LB.
NO B!

SODIUM RITE- 12.5%
5 CARBOYS
WET LB.
§ CHEMICAL CO, -
Borden &
103
SOOIUM HYPOCHLORITE- 12.5%
BULK - GALLON
WET LB.
Borden & Corp. - $0.0855
UNIVAR - .0890

BULK (400 - GALLON
WET LB.
Borden & Corp. - $0,0855
UNIVAR - $0.0890
105

GALLON
CERTIFIED
WET LB.
NO BIDDERS

FINAL BID RESULTS 2019-2020 FISCAL YEAR 13 of 16 pages