Search

APPOINTMENTS BY THE MAYOR

Board of Registrars

NOVEMBER 26, 2019

Adriana Lopera, Member (New Appointment)

137 Chestnut Street, Apt. 2
Nashua, NH 03060

Zoning Board

Efstathia Booras (Reappointment)
44 Balcom Street
Nashua, NH 03062

Jean-Paul G. Boucher (Reappointment)
8 Foxmeadow Road
Nashua, NH 03060

Jonathan Currier (Reappointment)
6 New Searles Road
Nashua, NH 03062

Steve Lionel (Reappointment)
19 Cabot Drive
Nashua, NH 03064

Mariellen MacKay (Reappointment)
9 Webster Street
Nashua, New Hampshire 03064

Rob Shaw (Reappointment)

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

December 31, 2021

October 1, 2021

September 11, 2021

September 11, 2022

September 31, 2022

September 11, 2021

September 11, 2021

| respectfully request that these appointments be confirmed.

Jim Donchess

Mayor

R-19-192

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH
FUEL MEDIA HOLDINGS FOR ADVERTISING SERVICES

CITY OF NASHUA

In the Year Two Thousand and Nineteen

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into a contract substantially in the attached form with Fuel Media Holdings for
advertising services.

LEGISLATIVE YEAR 2019

RESOLUTION: R-19-192

PURPOSE: Authorizing the City of Nashua to enter into a contract with
Fuel Media Holdings for advertising services.

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT:

FISCAL NOTE: Agreement provides for payments to the City
ANALYSIS

This resolution authorizes the City of Nashua to enter into a contract with Fuel Media Holdings
for the placement and maintenance of advertising materials on the exterior and interior of NTS
vehicles, bike racks, bus shelters and at the Nashua Transit Center. This a revenue contractor for
the City.

Approved as to form: Office of Corporation Counsel

Date: (os, lf OOVYFT

. Community Development 589-3095
City of Nash ua Planning and Zoning 589-3090

. we Building Safet 589-3080
Community Development Division Code Enforcement 589-3100
- . Urban Programs 589-3085

City Hall, 229 Main Street, PO Box 2019 C tion Commissi 589-3105
Nashua, New Hampshire 03061-2019 Transportation mmmeson 880-0100
www.nashuanh.gov FAX 589-3119

Date: November 12, 2019
To: Jim Donchess, Mayor
From: Camille Pattison, Transportation Manager

Re: CONTRACT AWARD ADVERTISING SERVICES

The City of Nashua, Transportation Department is seeking approval to enter into a three year
contract for Transit Advertising Services with the option to extend for up to two (2) years at one (1)
year intervals.

The City solicited Request for Proposals (RFP’s) from vendors experienced in transit advertising
services. Ten (10) firms were solicited and information for bidders was posted on the City’s web-
site under reference document RFP0008-092719. A total of two (2) qualified proposals were
received and opened on October 11, 2019. Two (2) additional vendors expressed interest but
elected not to submit a bid. One of these companies felt they were understaffed to take on this
project currently.

After receiving the bids, both companies were interviewed and references were checked. Listed
below is a summary of the anticipated annual revenue:

ATA Outdoor $65% NTS / 35% ATA; $50,000 Guaranteed Annual Minimum
Fuel Media Holdings $65% NTS / 35% ATA; $120,000 Guaranteed Annual Minimum

After reviewing both of these submittals, The Division of Community Development, Transportation
Department recommends entering into a contract with Fuel Media Holdings over the three year
contract period. The Transportation Department finds Fuel Media Holdings is a responsive and
responsible contractor.

TRANSIT ADVERTISEMENT PROGRAM MANAGEMENT AGREEMENT BETWEEN
THECITY OF NASHUA NH AND
FUEL MEDIA HOLDINGS

THIS AGREEMENT is made and entered into as of by and
between the CITY of Nashua, located at 229 Main Street Nashua, N.H. 03060 (the "City”)
and Fuel Media Holdings, located at 101 Marketside Ave., Suite 404-177, Ponte Vedra,
FL 32081 (the "Contractor”).

- DOCUMENTS INCORPORATED, AMENDMENT AND ENTIRE AGREEMENT: The

Contractor shall comply with the terms and conditions of this Agreement and the terms and
conditions of the documents listed below, which are attached hereto and by reference made a
part hereof. The Agreement and the documents incorporated herein constitute the entire
contract between the City and the Contractor, and any amendments issued hereafter, and in
case of dispute shall govern in the following order of precedence.

+ 1) This Agreement

+ 2) Exhibit A FTA Clauses

+ 3) Exhibit B NTS Advertising Guidelines and Procedures
+ 4) Exhibit C Scope of Work

- 5) Exhibit D Original RFP and any addendums thereto

- CONTRACTOR SERVICES

This Agreement is entered into for the purpose of engaging the Contractor as an
independent contractor for the purpose of placing and maintaining approved advertising
materials on the exterior and interior of NTS ("Nashua Transit System") vehicles; bike
racks; bus shelters and at the Nashua Transit Center. The Contractor has represented that
it is a qualified transit advertising contracting company, and can provide such services
and the City has relied upon that representation. The City does hereby engage and retain
the Contractor to place and maintain advertising, per this Agreement and documents

incorporated herein by agreement including, but not limited to:

To place and maintain approved advertising materials on the exterior and interior of
NTS fleet vehicles.
To place and maintain approved advertising materials on the advertising panel of bike
racks.

* To place and maintain approved advertising materials on bus shelters located and other
facilities located throughout the City of Nashua.

3.

* To place and maintain approved advertising materials at the Nashua Transit Center.
- To place and maintain approved digital advertising materials as opportunities and
facilities arise in the future.

COMMENCEMENT AND TERM

This Agreement shall become effective as of January |, 2020 and shall remain in effect
until December 31, 2022 This Agreement may be extended for a total of two years in
one year increments upon written agreement of the parties.

Upon the expiration of this Agreement, the Contractor will assign and transfer to the City
all of its contracts for advertising.

EQUIPMENT AND PERSONNEL

Contractor shall provide at its own expense all labor, supplies, equipment, and
machinery necessary to fulfill this Agreement. Contractor shall secure at its own
expense all personnel required in performing under this Agreement. Such personnel
shall not be employees of the City or NTS or have any contractual relationship with
the City or NTS. All services required hereunder will be performed by or on behalf of
the Contractor. All personal engaged in performing under this Agreement shall be
qualified and shall be authorized, if applicable, under applicable laws. All supplied,
equipment and machinery furnished in performance of this Agreement shall be subject
to inspection at any time by the City.

No

GENERAL PROVISIONS

. Marketing and Sales

The Contractor will perform complete advertising servicing and sales functions. The
Contractor will provide continuous sales efforts utilizing its best efforts in procuring
advertising contracts so as to maximize this source of revenue to the City. The Contractor
shall provide an explanation of marketing strategies and literature to be used to promote
advertising on a quarterly basis.

. Advertising Content and Control

The Contractor must ensure that only displays of a high quality standard with regard to
art work and advertising content will be shown. The Contractor must ensure that
advertisements comply with the NTS Advertising Guidelines and Procedures as seen in
Exhibit B to this Agreement. The City reserves the right to require the Contractor to
remove, at the Contractor's own expense, any advertising which is deemed by the City as
unsightly in appearance or which does not comply with the NTS Advertising Guidelines
and Procedures. The Contractor further agrees to remove dated advertising no later than
fifteen (15) days following the final date of an advertised event or offer.

. Revenue Compensation and Payments
The Contractor agrees to pay the City as follows:

A sum equal to (65%) of the next space billings with Minimum Guaranteed Payments,
whichever is higher, will be paid as shown below:

Year 1 — 2020 $90,000
Year 2 —2021 $120,000
Year 3 — 2022 $120,000
If contract is extended:

Year 4— 2023 $126,000
Year 5 - 2024 $132,300
a. Payment:

Year One — - By the thirtieth (30th) day of the months of June, September and December, the
Contractor shall pay to the City 1/3rd of the Annual Minimum Guaranteed Payment (“MGP”’)
amount or the Revenue Share Percentage (“each or together the “Revenue Payments”),

whichever is the greater amount based on gross billings, plus any other amounts due the City.

&2

Year 2 — Year 5 - By the fifteenth (15th) day of each month, the Contractor shall pay to the
City 1/12th of the Annual Minimum Guaranteed Payment (“MGP”) amount or the Revenue
Share Percentage (“each or together the “Revenue Payments”), whichever is the greater
amount based on gross billings, plus any other amounts due the City. Under no circumstances
shall the Contractor pay the City less than the MGP.

b. Late Revenue Compensation Payments: Any late payment shall be subject to a penalty of 1.5
percent per month. A delinquency in payment of 30 days beyond the due date may be basis for
immediate termination of the Agreement, without any right cure.

c. Submitting Revenue Payments: All revenue compensation payments shall be submitted to
the City as follows:

Nashua Transit System
Finance Coordinator

11 River side Street Nashua,
NH 03062

d. Corrections: Revenue compensation payments requiring correction will be returned with a
written description of the correction. Contractor shall make the necessary change(s) and
resubmit. The City and the Contractor must mutually agree upon any adjustments in revenue
compensation.

e, Monthly Sales Report: Contractor shall also submit to the City on the 15“ of each month the
necessary sales reports in accordance with the following and any other reporting requirements
of the City provided to Contractor in writing:

The monthly report shall include the details of:

> All contracts in effect

+ Contract expiration dates

- Billings for the month

* Collections for the month

+ Past due amounts

¢ Total remaining balance on accounts
+ Timeline plan for unsoldspace

+ Inventory listings

f. Gross Billings: Gross Billings shall mean all revenue generated from sales made pursuant to
this Agreement less (i) any commission, not to exceed thirty five (35%) percent deducted by or
paid or payable to advertising agencies or sales representatives other than the Contractor with
respect to advertising placed by the Contractor through such agencies and (ii) labor charges for

special services insofar as these charges represent only the recovery of costs. The Contractor
shall provide the City with a monthly, detailed accounting of all such deductions.

g. Uncollectible Accounts: Uncollectible accounts shall be the responsibility of the Contractor.
Any uncollected amounts may be deducted from the annual gross billings so long as long as
the Minimum Guaranteed Payment amount per month has been met and satisfied.

h. The Contractor shall furnish the City with copies of all signed contracts and
correspondence (including changes in prices, lengths of contracts and cancellation notices)
within one (1) month of their execution or receipt. Contractor shall not enter into any
contract for placing ads on City property (“Advertising Contract”) for a period which
expires (i) more than 6 months from the beginning of the Advertising Contract, or (ii)
more than 3 months after the end of the then existing term of this Agreement (including
renewals terms, if any), whichever is shorter.

i.. The Contractor shall retain full control as to rate charges as well as the terms, conditions
and manner of payment by advertisers, which rates shall be reviewed from time to time and
be adjusted as necessary to reflect market conditions.

The City shall have the right to utilize any unsold space inside all vehicles to use with any
marketing efforts the City is undertaking with local clients, non-profits etc.

The Contractor is responsible for repair of all damages to City property, including vehicles, as
a result of any performance associated with this Agreement. The repairs are the sole
responsibility of the Contractor. If, however, Contractor fails to make such repairs in a timely
manner or fails to do so in a reasonable manner, the City may, at its sole discretion, make such
repairs and Contractor shall pay the City for the cost of the repairs, including but not limited to
all labor and materials within 30 days of the City sending the costs to Contractor.

j. Ifa vehicle that has an advertising wrap sustains minor damage as a result of an accident,
FUEL will be responsible for the removal of the product if deemed necessary for repairs.
However, if a vehicle is taken out of service due to the NTS management decision the following
will apply:

a. If a repair takes a vehicle out of service for more than 21 days, the advertising timeline will
be extended to cover the time out of service.

b. If the vehicle should be taken out of service permanently FUEL will pay for the removal of
the wrap product. FUEL can then deduct the cost of the removal and placement on another
vehicle from the monthly payments to the NTS.

nr

Board of Aldermen Page 15
May 10, 2016

R-16-034
Endorser: Mayor Jim Donchess
RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2017 PROPOSED BUDGET FOR
THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE FUNDS
Given its first reading;

MOTION BY ALDERMAN DOWD TO ACCEPT THE FIRST READING OF R-16-034 BY ROLL CALL,
ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND THAT A PUBLIC HEARING BE SCHEDULED
FOR THURSDAY, JUNE 9, 2016, AT 7:00 PM AT THE NASHUA HIGH SCHOOL NORTH AUDITORIUM

A Viva Voce Roll Call was taken, which resulted as follows:
Yea: Alderman Wilshire, Alderman Clemons, Alderman Deane, 15
Alderman Cookson, Alderman Dowd, Alderman Caron,
Alderman Siegel, Alderman Schoneman, Alderwoman Melizzi-Golja,
Alderman McGuinness, Alderman LeBrun, Alderman Moriarty,
Alderman O’Brien, Alderman Lopez, Alderman McCarthy
Nay: 0
MOTION CARRIED

NEW BUSINESS — ORDINANCES

O-16-012
Endorser: Mayor Jim Donchess
MOVING PARKING OVERSIGHT AND MANAGEMENT FROM THE TRANSPORTATION
DEPARTMENT IN THE COMMUNITY DEVELOPMENT DIVISION TO THE OFFICE OF ECONOMIC
DEVELOPMENT IN THE MAYOR’S OFFICE
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President
McCarthy

PERIOD FOR GENERAL PUBLIC COMMENT

Ms. Teresa Barr, 26 Sagamore Road

Some of you may recognize me as one of the commissioners on the Review & Comment Commission.
Recently you received a letter from the streets of Sagamore and MacDonald addressing concerns over the
property of Main Dunstable Road. | am here tonight to publicly go on record and address some of the concerns
to you, the aldermen, about the property at 396 Main Dunstable which abuts my backyard. This property is
being listed and, | quote “attention builders, 2.61 acres, Nashua, available for small subdivision.” The listing
goes on to say a total of six houses. When we bought our house 11 years ago, my husband and | were told by
two realtors, the homeowner and two neighbors that 396 could never be built on because the city had denied
the request. Knowing that they couldn’t build was the factor in buying our home. The trees behind our house
provide us with privacy and is a natural sound barrier for a very busy area. My neighbors and | have many
concerns about the property being marketed as a subdivision. My house sits below the hill and among
concerns is the drainage issue that our neighborhood has on account of the hill. To pull the water away from
my house we had to redirect the natural flow, put in a dry well, put stone around the house and redo the
retaining wall where we found out there was ledge. Because of the ledge we were unable to follow through on
the original design of the retaining wall because they couldn’t break through the ledge without blasting.
Blasting is a major concern. Who will pay for the damage to the properties caused by blasting? Does the
burden of proof fall on the homeowners and what about the noise of construction? I’m home during the day.
On Sagamore and MacDonald there are people who work from home and work the midnight shift. Also, the
suggested road would abut my backyard. This leads to another concern. Six homes with the potential of two or