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Finance Committee — 06/01/2022 Page 2

MOTION BY ALDERMAN COMEAU TO PLACE ON FILE AND APPROVE THE PURCHASE AND INSTALLATION OF
142 LYON COLLEGIATE LOCKERS WITH DOORS TO MATERIAL HANDLING SALES, INC., IN AN AMOUNT NOT
TO EXCEED $189,854. FUNDING WILL BE THROUGH: DEPARTMENT: 150 POLICE DEPARTMENT; FUND: 81200
BUILDINGS & IMPROVEMENTS/GENERAL FUND

ON THE QUESTION

Chairman Clemons

| believe we have someone here from the Police to speak about that.

Rob Page, Police Captain

Yes how you doing? It’s Rob Page. I’m Captain with the Police Department. I'll be speaking for the Police Department
tonight and also number will be is Deputy Joe.

Chairman Clemons

Thank you so much gentlemen. Can you give us a brief overview of this?

Rob Page, Police Captain

Sure. The Police Department is seeking professional services to install Lyon collegiate lockers with doors. The bid is for
142 lockers which are over 40 years old and we'd be replacing the original lockers from 1979. Bid were received from
(inaudible). You should all have a copy of those. There was two vendors. The first was Material Handling Sales and they
paid $189,854. The second day came in from Turnstone Corporation for $353,320. The Police Department recommends
the order to the Material Handling Sales, Inc. in the amount of $189,854. Material Handling, Inc., is an authorized dealer
of the Lyon brand lockers with partners plus pricing due to the vast quantity of lockers purchased on annual basis.
Funding is available through the NP HVAC capital project. Thank you.

Chairman Clemons

Okay, thank you. Any Committee members have any questions or comments?

Alderwoman Timmons

Yes | just want to know what are you guys are gonna do with the old lockers?

Joe Faye, Deputy Police Chief

Part of the project is for removal and disposal of the old lockers. So it’s part of the RFP that was sent out - part of the bid
that was submitted today. They’ll be responding, removing the old lockers, and disposing of them as part of the job.

Alderwoman Timmons

Can you repurpose them at all?

Joe Faye, Deputy Police Chief

We cannot. We don't have a desire to. Like the Captain had mentioned, the lockers are from 1979. So they're extremely
beat up. They're also rusting and so forth so the best option for us was to actually have them dispose up and removed
from the location.

Alderwoman Timmons

Okay, thank

Joe Faye, Deputy Police Chief

You’re welcome.

3.5 Utility and Special Use Properties

3.6

3.7

3.5.1

Utilities are not included in Contractor’s scope of work under this contract, with the exception of Land
Value Tables. Municipality will contract separately for full revaluation of utility property.

Value Notification and Informal Reviews

3.6.1

3.6.2

3.6.3

3.6.4

3.6.5

3.6.6

3.6.7

3.6.8

Contractor shall provide to the municipal assessing officials:
(1) A list of the newly established values for review;
(2) A preliminary value analysis with a copy delivered to the DRA for review; and,

(3) The informa! review schedule in advance.

Contractor shall mail, first class, to all property owners, the notification of the newly established value of
their property by sending to the property owner either of the following:

(1) A list of all property owners containing the newly established valuations of all properties within
Municipality; or,

(2) A letter to the owner stating the newly established value of their property and whether Contractor has
either:

a. Published a list of all property owners containing the newly established valuations for all properties
within Municipality in an identified newspaper of general circulation for the entire Municipality; or,

b. Posted in two (2) identified public places within Municipality a list of all property owners and the
newly established values of the entire Municipality.

The notification of newly established values shall contain the details of the informal review process,
instructions on scheduling an informal review; and the time frame in which informal reviews shall be
scheduled.

The notification of newly established values shall contain instructions in regard to the appeal process for
abatements pursuant to RSA 76:16, RSA 76:16-a and RSA 76:17.

After mailing or posting of the notification of newly established values, Contractor shall ensure that an
informal review of the newly established property values is provided to all property owners who may,
within the time prescribed by the contract, request such a review.

Notwithstanding Section 2.6 of this contract (Confidentiality), Contractor shall make available to all
property owners the property record card and market analysis related to their newly established property
value(s).

Contractor shall notify, by first class mail, all property owners addressed during the informal reviews and
indicate whether or not a change in value resulted and the amount thereof.

All documentation utilized or obtained during the informa! review process shall be relinquished to the
municipal assessing officials.

Appraisal Manuals and Revaluation Appraisal Reporting

3.7.1

Contractor shall provide a data collection manual, to be included within the USPAP report, or as a separate
document, which may include but not be limited to:

(1) A description of building characteristics; extra features; outbuildings; site improvements; site
characteristics; road frontage; water frontage; water access; topography; and view;

(2) A glossary and description of all codes used within the data collection and on property record cards;

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(3) A description of all grading factors utilized, which may include, but may not be limited to: condition
factors; quality; depreciation; amenity values; and other factors or conditions; and,

(4) A glossary and description of the coding used for visitation history.

3.7.2 Contractor shall ensure that the municipal assessing officials have:

(1) A technical CAMA manual detailing the CAMA system utilized: and,

(2) Been provided training in the proper use of the CAMA system.

3.7.2.1 Contractor shall work with Municipality to develop the data collection manual as a preliminary step to the

revaluation.

3.7.3. Contractor shall provide a USPAP compliant appraisal report pursuant to RSA 21-J:14-b,1,(c): The report
shall comply with the most recent edition of the USPAP. The report shall contain, at a minimum, the
following:

(1} A letter of transmittal to include a signed and dated certification statement;

(2) Sections detailing:

we mean sp

The scope of work;

The development of values;

Time trending analysis;

Land and neighborhood data;

Improved property data;

Statistical testing, analysis, and quality control; and,

The development of approaches to value used in the revaluation of properties.

(3) Appendices which may include, but not be limited to:

a.

Work plan;

b. Neighborhood maps;

c. Names and levels of DRA-certified individuals authoring or assisting with the development of the

USPAP compliant report;

d, CAMA system codes;
e
f

Identification and description of zoning districts;

. Qualified and unqualified sale codes; and,
g.

Other useful definitions or information.

(4) Instructions, or as 2 separate document, adequate instructions for the municipal assessing officials to:

a.
b,
c.

Understand the valuation methodologies employed;
Understand the market and neighborhood adjustments; and,
Understand the conclusions of the appraisal report.

3.7.4. Contractor shall provide a USPAP compliant report to the municipal assessing officials, to be retained by
the municipal assessing officials until the next revaluation and a copy to the DRA.

3.7.5 Contractor shall provide a USPAP compliant report to the municipal assessing officials for any special use
properties included in Section 2.7.3, and a copy to the DRA.

3.8 Defense of Values

3.8.1 Contractor shall, after the final property tax bills have been mailed by Municipality, support and defend the
values that were established by Contractor for the year of the revaluation as follows:

(1) At no additional cost to the municipality, property tax appeals that are timely filed with Municipality
pursuant to RSA 76:16 shall have:

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a. Areview, by either a DRA-certified property assessor or a DRA-certified property assessor
supervisor; and,

b. The Contractor’s written recommendation provided to the municipal assessing officials which an
abatement request had been received.

3.8.2 Contractor shall provide a qualified representative for the defense of property tax abatement appeals that are
timely filed with the Board of Tax and Land Appeals (BTLA) or Superior Court pursuant to RSA 76:16-a
and RSA 76:17, whose compensation has been agreed upon by the parties to the contract as stipulated in

3.8.3

3.8.4

3.9

Section 2.7; and,

Appeals to the BTLA or Superior Court:

(1} For the rate set forth in Section 2.7.2, Contractor will support and defend values established by
Contractor that may have been lowered by municipal assessing officials but shall not be required to
support or defend values that have been increased by the municipal assessing officials.

All documentation utilized or obtained during the defense of assessed value process shall be relinquished to

Municipality.

Additional Contractor Scope of Work from Municipality RFP

3.9.1 Contractor shall

(a)
(b)
(3)
(d)
{e)
(D
(g)
(h)
(i)
@)
(k)
)
(m)
(n)
(0)
(p)

(q)

participate in a start-up meeting with the Municipality and DRA.

make callbacks to maximize the entry rate for property inspections.

update images for each property.

complete data entry at every stage of the project.

analyze all Residential qualified sales for a period of one year prior to the assessment
date of April 1, 2022.

analyze all Commercial/Industrial/Apartment qualified sales for a period of two years
prior to the assessment date of April 1, 2022.

complete an analysis of all retumed Income and Expense Statements and input data to
create market rents, expenses and vacancies.

update all land, building and depreciation tables as required by sales analysis, Income
and Expense Surveys and the Marshall & Swift cost manuals.

generate cap rates using the latest publication of investor surveys and those extracted
directly from the market.

reconcile cost and income values to within 10% of each other.

Field review all properties in the field.

update the use of the effective year built consistently throughout the Municipality.
submit all final values to the municipal assessing officials for review.

post all values on Contractor website, on the City of Nashua website and on one
additional public place to be determined by the Municipality.

work closely with the Municipality at all stages of the update to ensure a successful
project.

Mail notices and conduct informal hearings for Municipality taxpayers to discuss their
assessment.

Work closely with the Municipality at all stages of the update to ensure a successful
project.

3.9.2 Contractor shall furnish all Iabor, materials, supplies and equipment, and will perform all work
for the project in strict accordance with the contract specifications and should be in compliance
with the State of New Hampshire Department of Revenue Administration Administrative Rules
governing revaluations and any relevant applicable mules and standards as adopted by the
Assessing Standards Board.

3.9.3 Contractor field personnel should carry suitable [ID cards, which should include an up-to-date
photograph, supplied by the Contractor and signed by the Municipality.

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4,

3.9.4 Progress meetings shall be held bi-weekly throughout the duration of this contract.

RESPONSIBILITIES OF MUNICIPALITY

4.1

4.2

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4.4

4.5

4.6

4.7

The municipal assessing officials shall identify to Contractor, in writing, which properties within the taxing
jurisdiction are exempt from taxation.

The municipal assessing officials shall furnish to Contractor information such as but not be limited to: the current
ownership information of all property; the physical characteristics of existing improvements in the CAMA system,
the physical location of all property; property address changes within Municipality; all property transfer
information; a set of current tax maps; zoning maps; plans; building permits; subdivisions; boundary line
adjustments and mergers; access to CAMA system and, other information as specified by Contractor for the
services being provided.

The municipal assessing officials shall keep Contractor informed of all sales of property that occur during the
progress of the cyclical revaluation.

The municipal assessing officials shall make corrections to tax maps as of April | of the revaluation year where
lots have been subdivided, or apportioned, and notify Contractor of all ownership and name and address changes.

If requested, suitable office space and equipment, as specified by Contractor, for the use of Contractor’s personnel
in the performance of the appraisal work shall be provided.

Municipality will be responsible for providing VPN access to the analysis CAMA system throughout the duration of
the project. Any licensing to utilize the system will be the responsibility of Municipality. Contractor is responsible
for its own hardware and internet services to connect to the VPN.

Pursuant to the Order, Municipality shall file progress reports with the Board, at least every three months, to update the steps
iaken towards completion of the cyclical revaluation

INDEMNIFICATIONS AND INSURANCE

4.1

5.2

5.3

Regardless of any coverage provided by any insurance, 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,
attomey’s 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 willfil misconduct, whether active or passive, of Contractor or of
anyone acting under its direction or control or on its behalfin connection with or incidental to the performance of this
contract. 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.

Contractor shall not be responsible for consequential or compensatory damages arising from the late performance
or non-performance of the agreement caused by circumstances, which are beyond Contractor's reasonable control.

It is hereby agreed and understood that the insurance required of Contractor by the City of Nashua is primary
coverage and that any insurance or self-insurance maintained by the City of Nashua, its officers, council members,
agents, employees or authorized volunteers will not contribute to a loss. This insurance shall be written for not less
than any limit of liability specified herein, or required by law, whichever is greater, notwithstanding that the policy
may have lower limits applying elsewhere in the policy.

The City of Nashua will not maintain any insurance on behalf of the Contractor. The parties agree that the
Contractor shall have the status of and shall perform all work under this contract as an independent contractor.
The only contractual relationship created by the contract is between the City of Nashua and Contractor. The
specified insurance requirements do not relieve Contractor of its responsibilities or limit the amount of its liability
to the City or other persons, and Contractor is encouraged to purchase such additional insurance, as it deems
necessary.

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5.3.1The public liability insurance shall be in the form of commercial general liability with the inclusion of contractual
liability coverage and shall provide limits of $1,000,000 each person and $2,000,000 each occurrence for bodily
injury liability, and $2,000,000 each occurrence for property damage liability; and,

5,3.2The automobile liability insurance shall be in the form of comprehensive automobile liability and shall provide
limits of $1,000,000 combined single limit for bodily injury and property damage each accident. Must cover for
“Any Auto” — including Owned, Non-Owned and Hired Automobile Liability.

§.3.3The Workers’ Compensation and Employers Liability must carry coverage for Statutory Workers’ Compensation
and Employers Liability minimum limit of, $100,000 each accident/$500,000 Disease Policy Limit/$ 100,000
Disease — Each Employee.

§.3.4Professional Liability (Errors and Omissions) must carry minimum limits of $1,000,000 each claim and
$3,000,000 annual aggregate.

5.4 Prior to starting the revaluation, Contractor shall provide certificates of insurance by a State of NH licensed insurer
confirming the required insurance coverage for Municipality with which the appraisal Contractor is contracting.
The contractor shall submit the certificates to Municipality and provide a copy to the DRA not less than 10 days
prior to commencing work and remain in force until the entire job is completed. General Liability, Employer’s
Liability and Auto Liability policies must name the City of Nashua as an additional insured and reflect on the
certificate of insurance and the Workers’ Compensation Subrogation Waiver policy endorsement must accompany
the Certificate of Insurance. Contractor is responsible for filing updated certificates of insurance with the City of
Nashua during the life of the contract.

5.5 Contractor shall provide Municipality and the DRA a ten (10) day advance written notice of the cancellation or
material change in the required insurance coverage.

PERFORMANCE BOND

6.1 Contractor, before starting any full statistical revaluation work and on an annual basis thereafter, shall deliver an
executed bond or irrevocable letter of credit in favor of Municipality, or as otherwise agreed upon, with which it is
contracting to assure faithful and satisfactory performance of the contract, and provide a copy to the DRA. The
amount of such bond or letter of credit shall be no less than the amount of compensation to be paid by
Municipality to Contractor for services to be performed, and shall not expire before final values are submitted to
and accepted by the municipal assessing officials.

ESTIMATED SIZE OF REVALUATION

7.1 Itis agreed between the parties that the entire revaluation consists of an estimate of 28,559 parcels as defined by
RSA 75:9.

ADDENDUMS, AMENDMENTS AND APPENDIXES

8.1 Addendums, amendments and appendixes pertaining to this contract may be added only by separate instrument in
writing and shall meet all requirements of Section 2.1.

MISCELLANEOUS

91 Termination: This contract may be terminated by Municipality on 14 calendar day’s written notice to
Contractor, with a copy to the DRA, in the event of a failure by Contractor to adhere to any or all the
terms and conditions of the contract or for failure to satisfactorily complete or make sufficient progress
on the work in a timely and professional manner and such failure is not cured by Contractor within 14
calendar days’ of receipt of such written notice. Contractor shall be given an opportunity for consultation
with the Municipality prior to the effective date of the termination.

9.1.1 Upon receipt of notice of termination, Contractor shall:

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9.2

9.3

9.4

9.5

9.6

i. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the Municipality with a written list of all unperformed services.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.

4, Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the Municipality to resume performance

9.1.2 In the event of a termination, Contractor shall receive all amounts due and not previously paid
to Contractor for work satisfactorily completed in accordance with the contract prior to the
date of the notice, less all previous payments. No amount shali be allowed or paid for
anticipated profit on unperformed services or other unperformed work. Any such payment
may be adjusted to the extent of any additional costs occasioned to the Municipality by reasons
of Contractor’s failure. Contractor shall not be relieved of Hability to the Municipality for
damages sustained from the failure, and the Municipality may withhold any payment to the
Contractor until such time as the exact amount of damages due to the Municipality is
determined. All claims for payment by the Contractor must be submitted to the Municipality
in writing within 30 days of the effective date of the notice of termination.

9.1.3 Upon termination of the contract, the Municipality may take over the work and prosecute it to
completion by agreement with another party or otherwise. In the event Contractor shall cease
conducting business, the Municipality shall have the right to solicit applications for
employment from any employee of the Contractor assigned to the performance of the contract.

Neither party shail be considered in default of the performance of its obligations hereunder to the extent
that performance of such obligations is prevented or delayed by any cause, existing or future, which is
beyond the reasonable control of such party. Delays arising from the actions or inactions of one or more
of Contractor’s principals, officers, employees, agents, subcontractors, consultants, vendors, or suppliers
are expressly recognized to be within Contractor’s control.

Dispute Resolution: The parties shall attempt to resolve any dispute related to this contract as follows.
Either party shall provide to the other party, in writing and with full documentation to verify and
substantiate its stated position concerning the dispute. No dispute shall be considered submitted and no
dispute shall be valid under this provision unless and until the submitting party has delivered the written
statement of its position and full documentation to the other party. The parties shall then attempt to
resolve the dispute through good faith efforts and negotiation. At all times, Contractor shall carry on the
work under this contract and maintain and complete work in accordance with the requirements of the
contract or determination or direction of the Municipality. If the parties are unable to resolve their dispute
as described above within 30 days, the parties’ reserve the right to pursue any available legal and/or
equitable remedies for any breaches of this contract except as that right may be limited by the terms of
this contract.

Applicable Law, Venue And Jurisdiction: This contract is to be construed as a New Hampshire |
contract, governed by the laws of the State of New Hampshire, any action arising out of this contract
shall be brought in the New Hampshire Circuit Court, 9" Circuit, District Division, Nashua or
Hillsborough County, New Hampshire Superior Court and not elsewhere.

Cumulative Rights And Remedies: No right or remedy herein conferred upon or reserved to the
Municipality is intended to be exclusive of any other right or remedy and each and every right and
remedy shall be cumulative and in addition to any other right or remedy given under the contract or
now or hereafter existing at law, in equity or by statute.

Assignment of Contract No assignment by a party hereto of any rights under or interests in the Contract
will be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract.

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9,10

9.11

9.12

9.13

9.14

Time of the Essence: All time limits are of essence to the Contract.

Successors and Assigns: Municipality and Contractor each binds itself, its partners, successors, assigns,
and legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the contract.

Severability: Any provision or part of the contract held to be void or unenforceable under any law or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding
upon Municipality and Contractor, who agree that the contract shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.

Entire Agreement: This contract represents the entire and integrated agreement between the parties
and supersedes prior negotiations, representations or agreements, either written or oral.

Counterparts; Scanned Delivery: This contract may be executed in one or more counterparts, each of
which shall be an original but all of which, taken together, shall constitute only one legal instrument. The
delivery of an executed counterpart of this contract by scan shall be deemed to be valid delivery thereof.

10. SIGNATURE PAGE

By signing the contract, Contractor attests that pursuant to RSA 21-J:11 and Rev 602.01 (c)&(d):

(1) The contract, any revised contract, and the names and DRA-certified level of all personnel to be employed under
the contract has been first submitted to the DRA for examination; and,

(2) No appraisal work shall begin until a copy of this executed contract, and the names and DRA-certified
level of all personnel to be employed under this contract, has been submitted to the DRA.

Date:

In the Presence of. City of Nashua

By James W. Donchess, Mayor:

Witness Signature

In the Presence of: Vision Government Solutions

Witness Signature

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20

THE CITY OF NASHUA “the Cate City’

Administrative Services

Purchasing Department

February 13, 2020
Memo #20-084

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ALDERMANIC CHAMBER UPGRADES (VALUE: $58,835)
DEPARTMENT: 129 CITY BUILDINGS; FUND: PEG

Please see the attached communication from Bruce Codagnone, CIO/IT Director dated

February 12, 2020 for 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 ClO/lt Director and the Purchasing Department recommend the award of this contract to Access AV
of Concord, NH in the amount of $58,835.

Respectfully,

lig

Dan Kooken
Purchasing Manager

Cc: K. Kleiner J. Graziano