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To:

From:

Re:

A. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: June 30, 2020

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.

The Wastewater Department again participated in the Northeast/Merrimack Valley
Chemical Consortium (NEMVCC) bid process. Sealed bids were due by May 21, 2020
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 Jb.

Borden & Remington | Fall River, MA | $0.0868
Univar U.S.A., Inc Morrisville, PA | $0.0963

b. Seven hundred fifty (750) square feet in a one and one-half story house.

2 No trailer, mobile home, basement, tent, shack, garage, barn, other detached or
outbuilding, nor any structure not of a permanent character, shall at any time be
used as a residence, temporarily or permanently.

3. No trailer, tent, shack, garage, barn or other detached or outbuilding shall be used
primarily for storage, provided, however, that nothing herein shall be construed to
prohibit the use of the household garage for the storage of household items, tools,
machinery and equipment normally used within, about or upon the premises by
the owners thereof,

4. The maintenance of livestock or any farm animal or bird of any description, and
the breeding or commercial utilization of animals and birds commonly used as
pets is prohibited,

5. The construction of all buildings shall be completed, and the premises landscaped
within eighteen (18) months, from the date of the issuance of the building permit
therefor.

6. Neither said lot, nor any part thereof, shall be used as an alley, street or right of
way to any lot or lots or street to the rear thereof.

7. No fence or shrubs bordering a sireet line shall exceed three (3) feet in heighth.

8. No display sign advertising any business shall be erected on this lot.

This conveyance is also subject to the further restriction that a home constructed on said
lot shall be a dwelling house costing not less than Twenty-Three Thousand an 00/100
($23,000.00) Dollars.

The within conveyed premises are not homestead property of the Grantor.

WITNESS my hand this day of June, 2017.

Birna Boudreau Revocable Trust of 2015

Edwin W. Boudreau, Trustee

Copy

NORTHEAST/ MERRIMACK VALLEY

CHEMICAL CONSORTIUM

SODIUM HEXAMETAPHOSPHATE
50 LB, BAG
DRY LB.
Chemical {2 SKID)
CORP -
co - 1,000 LBS./DELIVERY
ADVANCED
100
Sodium
55 GAL DRUM
WET LB.
CARUS CO -
Shannon Chemical MIN 3 DRUMS/DELIVERY
Chemical Co - DRACUT cP 734 ~3 DRUM MIN}
ADVANCED CHEMICAL SOLUTIONS
101
SODIUM HYPOCHLORITE-S%
250 GAL. TOTE
Wet LB.
ROBERTS CHEMICAL CO. -
102
SODIUM HYPOCHLORITE-
5 GALLON
WET LB.
ROBERTS
Borden &
103
12.5%
GALLON
WET LB.
Borden &
UNIVAR -

15%
BULK GALLON
WET LB.
Borden &
UNIVAR -
10S
SODIUM HYPOCHLORITE- 15%

CERTIFIED REFRIGERATED STORAGE & DELIVERY
WET Ls,
NO BIDDERS
106
SODIUM HYPOCHLORITE- 159
DRUM

Roberts Chemical -
UNIVAR -
Hareros

MONSON Co
106A
SODIUM HYPOCHLORITE- 15%
275 GALLON TOTE
WET LB.

PRELIMINARY BID RESULTS 2020-2023 FISCAL YEAR 13 of 46 pages

2) THE CITY OF NASHUA

Division of Public Works

Wastewater Departuent

Date Requested:
Vendor:

Vendor Address:

Attention to:

Vendor Email:

Delivery/ Special
Instructions:

Date Needed:

Vendor Quote(s)
(3 if over $5,000):

Accounting Unit
(circle):

Account:

Approval Signature: “ ), AY Oo sho. ;

Date Entered:

PO #:

Date Issued:

Purchase Order Request Form

3/11/2021

Borden & Remington

on file

Increase on PO # 158004

1) $60,000.00

2)

3)

69.6200.540 (Collection System Budget)

69.6200.670 (Operating Budget) xxx

61156

"The Gate City"

2 Sawmill Road » Nashua, New Hampshire 03060 « Phone (603) 589-3560 « Fax (603) 589-3474

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

March 31, 2021
Memo #21-095

TO: Mayor Donchess
Finance Committee

SUBJECT: Wildlife Management at Four Hills Landfill in the amount of $83,987.58 funded from
accounts 55699 Other Contracted Services

Please see attached communications from Jeff Lafleur, Superintendent of Solid Waste, dated March 25,
2021 for project specific details related to this purchase. Below please find a summary of the purchase
approval request:

Item: FY22 Gull Management for Four Hills Landfill
Value: $83,987.58
Vendor: USDA Animal and Plant Inspection Service (APHIS) Wildlife Service

Department: 168 Solid Waste
Source Fund: 55699 Other Contracted Services

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

The Board of Public Works (3/25/21 BPW meeting), Division of Public Works: Solid Waste, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: J Lafleur
C O'Connor

To:

From:

Re:

A. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: March 25, 2021

Jeff Lafleur, Superintendent
Solid Waste Department

USDA Wildlife Management Service Agreement

To approve the Cooperative Service Agreement between the City of Nashua and
the USDA Wildlife Management Service not to exceed $83,987.58 for FY22.
Funding for this agreement is through Department: 168 Solid Waste; Fund: Solid
Waste; Account Classification 55 Other Services.

Cooperative Service Agreement between the City of Nashua, Four Hills Landfill
and the United States Department of Agriculture, Animal and Plant Inspection
Service (APHIS) Wildlife Services.

The Cooperative Service Agreement (CSA) between the City of Nashua and the
USDA Wildlife Service is a renewal of the ongoing integrated gull management
project. The Solid Waste Department worked with Aphis to secure a one-year
agreement. Aphis has worked with the City for many years now and has done a
superior job with gull management and filing reports and permits with the State of
NH. Its purpose is to reduce on and off-site conflicts associated with large
concentrations of gulls and other birds at the Four Hills Landfill that could
potentially affect the surrounding neighborhoods. The CSA covers Wildlife Service
activities for the period of July 1, 2021 through June 30, 2022.

Through this agreement, trained personnel are assigned to the Four Hills Landfill
Monday through Friday to control gull populations utilizing standardized
harassment techniques. All necessary permitting and reporting is coordinated with
the USDA.

Please see the attached copy of the Cooperative Service Agreement for further
details.

This expense is a budgeted item and is subject to approval of the FY22 budget.

(7/2019 version)
WS Agreement Number: 21-7233-2545-

RA WBS: AP.RA.RX33.72.0012

COOPERATIVE SERVICE AGREEMENT
between
THE CITY OF NASHUA (Cooperator)
FOUR HILLS LANDFILL
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
WILDLIFE SERVICES (WS)

ARTICLE 1 —- PURPOSE

The purpose of this Cooperative Service Agreement is to continue an integrated wildlife management
and monitoring project on the Four Hills Landfill, Nashua, New Hampshire that will reduce on and
off-site conflicts associated with large concentrations of gulls, starlings and woodchucks using the
landfill. WS activities are described in the attached Work and Financial Plans.

ARTICLE 2 —- AUTHORITY

APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§
8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-
331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private
agencies, organizations, and institutions while conducting a program of wildlife services involving
mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious
and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry,
wildlife, and human health and safety.

ARTICLE 3 - MUTUAL RESPONSIBILITIES
The cooperating parties mutually understand and agree to/that:

1. APHIS-WS shall perform services set forth in the Work Plan, which is attached hereto and
made a part hereof. The parties may mutually agree in writing, at any time during the term of
this agreement, to amend, modify, add, or delete services from the Work Plan.

2. The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private
sector service providers available to provide wildlife damage management (WDM) services
that the Cooperator 1s seeking from APHIS-WS.

3. There will be no equipment with a procurement price of $5,000 or more per unit purchased
directly with funds from the Cooperator for use on this project. All other equipment purchased
for the program is and will remain the property of APHIS-WS.

4. To meet as determined necessary by either party to discuss mutual program interests,
accomplishments, needs, technology, and procedures to maintain or amend the Work Plan.
Personnel authorized to attend meetings under this Agreement shall be the Cooperator Vice

1

President of Legal or his/her designee, the State Director or his/her designee, and/or those
additional persons authorized and approved by the Cooperator and the State Director.

The cooperating parties agree to coordinate with each other before responding to media
requests on work associated with this project.

ARTICLE 4 - COOPERATOR RESPONSIBILITIES

The Cooperator agrees:

1.

To designate the following as the authorized representative who shall be responsible for
collaboratively administering the activities conducted in this agreement.

Lisa Fauteux, Director
Division of Public Works
9 Riverside Street
Nashua, NH 03062
Phone: (603)589-3 140
fauteuxl@nashuanh. gov

To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan.
APHIS-WS will be considered an invitee on the lands controlled by the Cooperator. The
Cooperator will be required to exercise reasonable care to warn APHIS-WS as to dangerous
conditions or activities in the project areas.

To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in
the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan,
the agreement with amended Work Plan and Financial Plan shall be formally revised and
signed by both parties before services resulting in additional costs are performed. The
Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS
within 30 days of the date of the submitted invoice(s). Late payments are subject to interest,
penalties, and administrative charges and costs as set forth under the Debt Collection
Improvement Act of 1996.

To provide a Tax Identification Number or Social Security Number in compliance with the
Debt Collection Improvement Act of 1996.

As a condition of this agreement, the Cooperator ensures and certifies that it is not currently
debarred or suspended and is free of delinquent Federal debt.

To notify APHIS-WS verbally or in writing as far in advance as practical of the date and time
of any proposed meeting related to the program.

The Cooperator acknowledges that APHIS-WS shall be responsible for administration of
APHIS-WS activities and supervision of APHIS-WS personnel.

To obtain the appropriate permits for removal activities for herring, great black-backed, ring-
billed gulls and turkey vultures and list employees of USDA, APHIS, Wildlife Services as a
sub-permitees.

9. To provide training to Landfill staff to conduct bird harassment activities on weekends and
Federal Holidays to effectively keep birds from using the landfill when Wildlife Services
personnel are not present at the landfill.

10. To provide storage space in a secure building for a locked gun cabinet supplied by WS for
storage of firearms and pyrotechnics when these devices are not in active use. WS is required
to store guns overnight in a locked gun safe (WS Directive 2.615).

11. To provide an indoor working space to complete necessary paperwork.

12. The cooperator will not be connected to the USDA APHIS computer network(s).

ARTICLE 5 — APHIS-WS RESPONSIBILITIES

APHIS-WS Agrees:

1. To designate the following as the APHIS-WS authorized representative who shall be
responsible for collaboratively administering the activities conducted in this agreement.

David Allaben, State Director, NH/VT Wildlife Services
USDA, APHIS, WS

59 Chenell Drive Suite 7

Concord, NH 03301

Phone: (603)223-6832

David.j.allaben@usda. gov

2. To conduct activities at Four Hills Landfill and adjacent condominiums as described in the
Work and Financial Plans. APHIS-WS will provide qualified personnel and other resources
necessary to implement the approved WDM activities delineated in the Work Plan and
Financial Plan of this agreement.

3. That the performance of wildlife damage management actions by APHIS-WS under this
agreement is contingent upon a determination by APHIS-WS that such actions are in
compliance with the National Environmental Policy Act, Endangered Species Act, and any
other applicable federal statutes. APHIS-WS will not make a final decision to conduct
requested wildlife damage management actions until it has made the determination of such
compliance.

4. To invoice the Cooperator monthly for actual costs incurred by APHIS-WS during the
performance of services agreed upon and specified in the Work Plan. Authorized auditing
representatives of the Cooperator shall be accorded reasonable opportunity to inspect the
accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent
permitted by Federal law and regulations.

5. To coordinate with the Cooperator before responding to all media requests.

6. To provide qualified personnel to initiate and conduct the control and assessment activities as
outlined in the Work and Financial Plans in this agreement.

7. To prepare a final report of activities conducted under this agreement.
8. To administer the field control program through Federal supervision.
9. To help secure all necessary wildlife permits for conducting the integrated program.

10. To wear appropriate safety equipment and follow safety guidelines to comply with APHIS
WS and landfill procedures.

11. The Cooperator shall have the right to use or permit the use of all estimates, reports, records,
data, charts, documents, models, designs, renderings, drawings, specifications, computations
and other papers of any type whatever, whether in the form of writing, figures, or delineations,
or any ideas or methods represented by them, which are prepared or compiled in connection
with this agreement, for any purpose and at any time without other compensation than that
specifically provided herein.

ARTICLE 6 —- CONTINGENCY STATEMENT

This agreement is contingent upon the passage by Congress of an appropriation from which
expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so
appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS-WS
funds for a finite period under a Continuing Resolution.

ARTICLE 7 — NON-EXCLUSIVE SERVICE CLAUSE
Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with any
other organization or individual for the purpose of providing wildlife damage management services
exclusive of those provided for under this agreement.

ARTICLE 8 —- CONGRESSIONAL RESTRICTIONS
Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be
admitted to any share or part of this agreement or to any benefit to arise therefrom.

ARTICLE 9 —- LAWS AND REGULATIONS

This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C.

6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis to
nonfederal recipients, in accordance with all applicable laws, regulations and policies.