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retention period, the City of Nashua, in writing, requests any or all of the materials, then Service
Provider shall promptly remit and deliver the materials, at Service Provider's expense, to the City
of Nashua. Service Provider shall not use, willingly allow or cause to have such materials used
for any purpose other than the performance of Service Provider's obligations under this contract
without the prior written consent of the City of Nashua.

. PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Service Provider expressly agrees that all

documents ever submitted, filed, or deposited with the City of Nashua by Service Provider
(including those remitted to the City of Nashua by Service Provider pursuant to paragraph 20),
unless designated as confidential by a specific statue of the State of New Hampshire, shall be
treated as public records and shall be available for inspection and copying by any person, or any
governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Service Provider in the performance of its
obligations under this contract shall] be the subject of any application for a copyright or patent by
or on behalf of Service Provider. The City of Nashua shall have the right to reproduce any such

materials.

Service Provider expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Service Provider
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to Service Provider infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Service Provider infringes any patent.

Service Provider shall have the right, in order to avoid such claims or actions, to substitute at its
expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the
necessary licenses to use the infringing materials, concepts, products, or processes, provided that
such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to ail the terms and conditions of this contract.

. FINAL ACCEPTANCE Upon completion of all work under the contract, Service Provider shall

notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Service Provider in writing that the whole of the work was completed on
the date indicated in the notice or provide Service Provider with a written list of work not
completed. With respect to work listed by the City of Nashua as incomplete, Service Provider
shall promptly complete the work and the final acceptance procedure shall be repeated. The date
of final acceptance of a project by the City of Nashua shall be the date upon which the Board of
Public Works or other designated official accepts and approves the notice of completion.

. TAXES Service Provider shall pay all taxes, levies, duties, and assessments of every nature due

in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Service Provider hereby indemnifies and holds harmless the City of Nashua

GC 9 of 11

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from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

. NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract

shall be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

. RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and

remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

. PROHIBITED INTERESTS Service Provider shall not allow any officer or employee of the City of

Nashua to have any indirect or direct interest in this contract or the proceeds of this contract.
Service Provider warrants that no officer or employee of the City of Nashua has any direct or
indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in
the business of Service Provider. If any such interest comes to the attention of Service Provider
at any time, a full and complete disclosure of the interest shall be immediately made in writing to
the City of Nashua. Service Provider also warrants that it presently has no interest and that it will
not acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this contract. Service Provider further
warrants that no person having such an interest shall be employed in the performance of this
contract. If City of Nashua determines that a conflict exists and was not disclosed to the City of
Nashua, it may terminate the contract at will or for cause in accordance with paragraph 8.

In the event Service Provider (or any of its officers, partners, principals, or employees acting with
its authority) is convicted of a crime involving a public official arising out or in connection with
the procurement of work to be done or payments to be made under this contract, City of Nashua
may terminate the contract at will or for cause in accordance with paragraph 8. Upon termination,
Service Provider shall refund to the City of Nashua any profits realized under this contract, and
Service Provider shail be liable to the City of Nashua for any costs incurred by the City of Nashua
in completing the work described in this contract. At the discretion of the City of Nashua, these
sanctions shall also be applicable to any such conviction obtained after the expiration or
completion of the contract.

Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Service Provider to any officer or employee of the City of Nashua with a
view toward securing a contract or securing favorable treatment with respect to the awarding or
amending or making of any determinations with respect to the performance of this contract. If
City of Nashua determines that such gratuities were or offered or given, it may terminate the
contract at will or for cause in accordance with paragraph 8.

The rights and remedies of this section shal] in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Service Provider,
including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any rights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Service Provider.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

GC 10 of 11

29. SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

30. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Service Provider. 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 shal] be valid unless reduced to writing and signed by both parties.

31. CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of the
State of New Hampshire and any claim or action brought relating to this contract, the work
performed or contracted to be performed thereunder, or referable in anyway thereto shall be
brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in
the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

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City of Nashua

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

January 10, 2022
Memo #22-226

TO: Mayor Donchess
Finance Committee

SUBJECT: Transit Retrofit Engineering & Construction Oversight Contract Amendment #1 in the
amount not to exceed $116,866.69 funded from 53125 Construction Management
Services/FTA Grant Funds

Please see attached communications from Camille Correa, Transportation Manager, dated January 6, 2022
for project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: Contract Amendment to extend the Transit Retrofit Project engineering,
construction administration services an architectural support from 12/31/21 to
6/30/22

Value: $116,866.69

Vendor: Greenman-Pederson (GPI)

Department: 186 Transportation
Source Fund: 53125 Construction Management Services/ FTA Grant Funds

Ordinance: Pursuant to § 5-78 Major purchases (greater than $25,000) A. All supplies and
contractual services, except as otherwise provided herein, when the estimated
cost thereof shall exceed $25,000 shall be purchased by formal, written contract
from the lowest responsible bidder, after due notice inviting bids.

A competitive bidding RFP for this project was initially issued on 3/4/2019 (0979-042419) where 3 bids
were received and Greenman-Pederson was selected.

The Community Development Division: Transit Department, and the Purchasing Department respectfully
request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: C Correa
J Graziano

Exhibit B

| GREAT AMERICAN DOWNTOWN 4
Nasuua, NH

Professional Services Contract between Great American

Downtown and the City of Nashua.

rovide strategic advice and assistance wit ma agement and execution of Dancing June 2020—June 2021
in the Streets project

Provide strategic advice and assistance with management and execution of yoga ~ June 2020 — June 2021
classes at Greeley House

Facilitate communication with key stakeholders as needed throughout all projects. June 2020 — June 2021

Develop and implement all outbound communication and marking support for the June 2020 — June 2021
Downtown Riverfront Project

Develop active and passive recreation programming and relative promotions to June 2020 — June 2021
support activation of riverfront space.

The total for this project shall not exceed 24,000.

City of Nashua

Office of the Mayor

229Main Street Nashua,NH 03060
Phone 603-589-3760

To: Board of Aldermen
From: Jim Donchess, Mayor
Date: June 18, 2020

Subject: Coronavirus Disease COVID-19

To the Honorable Board of Aldermen:

On March 16, the Board of Aldermen approved the City’s Temporary Policy on Shutdowns and Emergency Leave due to
Coronavirus Disease COVID-19. The Policy paid employees regular wages if they were unable to work due to closure of
City buildings, and to employees who should quarantine themselves due to potential exposure to or presence of COVID-

19, and to employees who could not make necessary child care arrangements due to effects of the pandemic (such as
school closures).

Many city employees worked remotely during this time providing necessary services to our residents with little to no
interruption. Essential employees worked normal schedules with proper safety protocols and personal protective
equipment.

During the past three months, the City’s elected officials and employees, and members of the community, have joined
together in a concerted and effective effort to “flatten the curve” of the pandemic in our city.

Beginning Monday July 6, we will begin a thoughtful, phased-in approach to reoccupying City Half and other
administrative buildings that were closed on March 18. Buildings will initially remain closed to the public until
engineering modifications and administrative processes are established to maximize the safety of employees and the
public. Employees who have been unable to work remotely will return to work; those who have effectively worked
remotely should continue to do so. Division Directors will be responsible for making case-by-case determinations. In
light of these changes, and coincident with the State of New Hampshire’s phased approach to reopening the economy, |
request you to approve the following:

1. That the Mayor remains authorized, at such time and for such duration as he deems necessary, to open or close
City Hall and other city buildings over which the Board of Aldermen or Mayor exercise jurisdiction to the public,
and to continue to institute substitute access to city services as he deems appropriate. Further, the Mayor is
authorized to determine which employees wiil be urged to work from home or resume working onsite.

2. That the accompanying Temporary Policy on Emergency Leave due to Coronavirus {COVID-19)} — July 6, 2020 is
adopted.

The notable differences between the March 16 and July 6 policies are that:

1, Employees will be required to physically report to work or work remotely, unless they are quarantined “pursuant to a
Federal, State, or local government order or advice of a health care provider;”

2. Pursuant to the Families First Coronavirus Response Act (FFCRA), because of a bona fide need to care for an individual
subject to quarantine or care for a child whose school or child care provider is closed or unavailable for reasons related
to COVID-19. The policy provides for up to 12 weeks of leave for child care at two-thirds the employee’s regular rate of
pay.

Thank you for your continued support as we ali continue to deal with this emergency in the best interest of our residents
and employees.

THE CITY OF NASHUA

“The Gate City"

Temporary Policy on Emergency Leave due to Coronavirus (COVID-19) — July 6, 2020

Starting Monday, July 6th, new workplace safety policies enable the City to begin a phased
approach to reoccupying City Hall and other administrative buildings. The Temporary Policy
approved by the Board of Aldermen on March 16 is discontinued effective Sunday, July 5th.

Quarantine

Effective July 6th, any employee who should quarantine in accordance with the Families First
Coronavirus guidelines” (pursuant to Federal, State, or local government order or advice of a
health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis”
should do so; the City will continue to pay that employee regular wages without requiring them
to use any personal leave time. Quarantined employees may be required to perform work
remotely as directed by their supervisor to the extent they are able to do so.

Child Care

Effective July 6th, the City of Nashua will comply with the Families First Coronavirus Response Act
(FFCRA), which provides "two weeks {up to 80 hours} of paid sick leave at two-thirds the
employee’s regular rate of pay because the employee is unable to work because of a bona fide
need to care for an individual subject to quarantine (pursuant to Federal, State, or local
government order or advice of a health care provider), or care for a child (under 18 years of age)
whose school or child care provider is closed or unavailable for reasons related to COVID-19,
and/or the employee is experiencing a substantially similar condition as specified by the
Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and
Labor.”

Further, for employees that the City has employed for at least 30 days, the City will provide “up
to an additional 10 weeks of paid expanded family and medical leave at two-thirds the
employee’s regular rate of pay where an employee is unable to work due to a bona fide need for
leave to care for a child whose school or child care provider is closed or unavailable for reasons
related to COVID-19.”

Effective Date
This policy will be effective July 6th, 2020 regardless of contractual obligations or lack

thereof. City administration will work towards approval by each employer board and union. The
Mayor is authorized to set an end date for this temporary policy.

Approved by the Board of Aldermen on

Jim Donchess, Mayor Date

AMENDED
R-20-023

RESOLUTION

RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2021 PROPOSED BUDGET
FOR THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE
FUNDS

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the Fiscal Year 2021
Proposed Budget for the General Fund of the City of Nashua be and is hereby adopted, and that
the following amounts are hereby appropriated for the several accounts and for other needs of the
City of Nashua General Fund for the fiscal year beginning July 1, 2020, and ending June 30,
2021, and for the purpose of Section 50-a et seq. of the Nashua Revised City Charter, as
amended, each item of this budget shall be considered as a separate appropriation. The proposed
General Fund appropriation amount is $282,884,408 with estimated General Fund Revenues of
$69,354,799 including estimated state funding for education in the amount of $38,541,100.

That the Fiscal Year 2021 Proposed Budget for the Enterprise Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Enterprise Funds for the fiscal year
beginning July 1, 2020 and ending June 30, 2021, and the purpose of Section 50-a et seq. of the
Nashua Revised City Charter, as amended, each item of this budget shall be considered as
separate appropriation. The proposed Enterprise Funds appropriation amount is $30,111,607
(inclusive of anticipated Capital Appropriations), with estimated Enterprise Funds Revenues of
$24,363,231 and any additional funding for capital and CSO-related expenditures from retained
earnings, bonding and/or State Revolving Fund Loans.

That the Fiscal Year 2021 Proposed Budget for the Special Revenue Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Special Revenue Funds for the fiscal
year beginning July 1, 2020 and ending June 30, 2021. The proposed Special Funds
appropriation amount is $18,581,330 with estimated Special Revenue Funds Revenues of
$18,581,330.