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s)) THE CITY OF NASHUA “The Gate City”

Financial Services

Purchasing Department

November 1, 2018
Memo #19-083

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: BACKUP SOLUTION (VALUE: $22,892)
DEPARTMENT: 122 INFORMATION TECHNOLOGY; FUND: GENERAL

Please see the attached communication from Bruce Codagnone, CIO/IT Division Director, dated October 26, 2018
for information related to this contract.

This purchase is being made pursuant to NRO Sec 5-84 (A) (10), Special Purchase Procedures using Public Sector
pricing made available from Veeam.

The CIO/IT Division Director and the Purchasing Department recommends the award of this purchase in the
amount of $22,892 to Axis Business Solutions of Portsmouth, NH.

Res ectfully,

Purchasing Manager

Ce: B.Codagnone J. Graziano

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

THE CITY OF NASHUA “The Gate City"

Information Technology Division

October 26, 2018
TO: MAYOR Donchess
FINANCE COMMITTEE

SUBJECT: Backup Solution

The Information Technology Division requires a new backup solution to replace the current system being
utilized. The existing solution has remained continuously problematic for the past year, resulting in numerous
hours spent troubleshooting with the vendor's technical support team. These same problems reoccur every few
months, still unresolved, and without a resolution from the vendor.

The new solution provides ease of use, incorporates the City’s existing Tape Library Infrastructure, utilizes the
City’s Storage Infrastructure, and provides a pathway for the City to take advantage of Cloud storage in the
future.

This purchase is being made pursuant to NRO Sec 5-84 (A) (10}, Special purchase procedures using Public Sector
pricing made available from Veeam.

The Information Technology Division recommends awarding the purchase to Axis Business Solutions in the
amount of $22,892. Funding is available in the General Fund, Computer Software Licensing, account 22.1.500 —
54400.

Respectfully,

Bruce Codagnone
CIO/IT Division Director

Ce: J. Griffin

D. Kooken

229 Main Street * Nashua, New Hampshire 03060 - Phone (603) 589-3300 « Fax (603) 594-3434

Remit PO Box 4250 Portsmouth, NH 03802, om
REP —_ Bob Born Lg

é :
PH# — 603-294.4669 | 7
FAX# 888-484-0352 ie ashe SEE o

Email bbomn@axisbusiness.com Date Oct 26, 2018
Quoted To: ShipTo:
CITY OF NASHUA CITY OF NASHUA
Nick Miseirvitch Nick Miseirvitch
229 Main Street 229 Main Street
Nashua, NH 03060 Nashua, NH 03060
Phone (603) 589-3305 Phone (603) 689-3305

Here is the quote you requested.

‘Ship Via BEST GROUND _ P.O. Number

Description Uitte els ae Tat)

4 Veeam Backup & Replication Enterprise for VMware - Public Sector - Electronic - PC $1,045.16 20 $20,903.20

2 Veeam 24/7 maintenance uplift, Veeam Backup & Replication Enterprise for VMware - ONE year - 24 x7 - $73.31 20 $1,466.20
Maintenance - Electronic Service

3 Veeam Agent for Microsoft Windows and Linux Server Edition + Production Support - Upfront Billing License - 4 $104.52 5 $522.60

Deployed Agent- 1 Year - Public Sector - Electronic - PC

Thank you for the opportunity to earn your business!

Subtotal $22,892.00
Tax $0.00
Ask your Sales Rep about Leasing Options! Shipping $0.00

aire.

ue a $22,892.00 i
This document represents a good faith estimate for pricing on the hardware and/or services stated above. It does not represent any indication of the availability or deliverability of
these products, If you are tax exempt please be sure that we have your exception number on file. To place an order please call your sales representative. Standard Payment
terms are net 21 days. Prices subject to change and all pricing is based upon total purchase of all items listed on quote. All hardware computer components proposed above are
covered by the manufacturer's warranty, Our returns policy is based on the manufacturer's policy. Please note that many manufacturers do not retum open product. Returns can
result in restocking fees up to 30%. Signature accepts the equipment costs as laid out in this quote and agree that in lieu of a purchase order, this equipment is required and
authorized for purchase. *A 3% fee will be charged to terms customers who choose to pay via credit card."

| authorize the purchase of the equipment as described and at the prices listed in this quote and agree to payment within terms. | understand that taxes and shipping will be
added to the quote at time of invoicing, x

Printed on 10/26/18 13:16:39 13-46.39 Pane Loft a

Toft

>\ THE CITY OF NASHUA “The Gate Cty

Financial Services

Purchasing Department

November 1, 2018
Memo #19-084

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT RENEWAL — INTERNET SERVICE (VALUE: $1,214 MONTHLY)
DEPARTMENT: 122 INFORMATION TECHNOLOGY; FUND: GENERAL

Please see the attached communication from Bruce Codagnone, CIO/IT Division Director, dated October 26, 2018
for information related to this contract.

Pursuant to § 5-92 Information Technology Division participation in purchasing process. For major purchases and
contracts solicited in Accordance with § 5-78 which include computers or communications equipment or related
software, including but not limited to workstations, servers, surveillance equipment and wired and wireless
transmission equipment, the Information Technology Division shall participate in the purchasing process, providing
advice, input and recommendations, which are so noted on the attached memo from Bruce Codagnone.

The CIO/IT Division Director and the Purchasing Department recommends awarding this contract in the amount of
$1,214 Monthly to Consolidated Communications, Inc. of Conroe, TX.

Respectfully,

Dan Kooken
Purchasing Manager

Ce: B.Codagnone J. Graziano

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

Se THE CITY OF NASHUA "The Gate City"

4

Information Technology Division

October 26,, 2018

TO: MAYOR Donchess
FINANCE COMMITTEE

SUBJECT: City of Nashua Service Agreement CCl 102418

The City of Nashua has been using Fairpoint Communications as its Internet Services Provider (ISP) for the past
several years. The service has been extremely stable and reliable throughout the time period, Consolidated
Communications, Inc. (CCI) recently purchased Fairpoint. Since the previous contract expires next month, CC!
and the Information Technology Division have been negotiating a new contract.

The proposed contract increases the City’s Internet bandwidth from 300 Mbps to 1000 Mbps while decreasing
the monthly charge by over $250. Since the appropriate equipment and IP addresses are already in place, there
will be no impact to the usage.

The information Technology Division recommends awarding the contract to CC in the amount of
$1,213.96/month. Funding is available in the Telecomm-Telecommunications, Telephone-Voice account
20.1.555 — 55109,

Respectfully,

Bruce Codagnone

CIO/IT Division Director

Ce: Jd. Griffin

D. Kooken

229 Main Street * Nashua, New Hampshire 03060 - Phone (603) 589-3300 +» Fax (603) 594-3434

|
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onsolidated’

communications a lomaeenal?
SERVICE AGREEMENT
Consolidated Communications (“Customer”): City of Nashua
By: _ By:
Name: Name:
Title: Title:
Date: Date:

This Agreement between the Consolidated Communications entity identified in the applicable Service Schedule
(‘Consolidated Communications”), and the Customer identified above (“Customer”), includes the attached Service
Schedules and Service Quotations (collectively, “Schedules”) together with any additional Schedules mutually agreed to
in writing in the future and any license terms provided to Customer in connection with any software, hardware or
equipment provided to Customer by, on behalf of or at the instruction of Consolidated Communications (collectively,

“License Terms”).

1.

Services. Customer hereby requests and agrees to purchase from Consolidated Communications the
services identified in the attached Schedules (“Service”) pursuant to the terms and conditions of this
Agreement. The Service will be provided to Customer locations specified in the Schedule(s). Other
Customer locations may be added to this Agreement only via an amendment to the Agreement. This
Agreement and any Schedule hereto become binding when signed by an authorized Consolidated
Communications representative. Service will be provided to Customer and any Customer affiliates
expressly listed herein. Under no circumstances may the Customer resell the Service being provided
hereunder.

Customer Responsibilities.

2.1

2.2

With respect to each Customer-designated location, Customer is responsible for taking all steps
necessary to interconnect the Service at such location, including the payment of associated
interconnection costs and those associated with Customer personnel, the securing of rights-of-way,
and the furnishing of electrical power, heating, ventilating and cooling. The selection of AC or DC
power must be mutually agreed to by Customer and Consolidated Communications.

Customer also undertakes responsibility (without limitation) to obtain, install and maintain all
equipment, hardware, software, materials and supplies necessary to interconnect terminal
equipment or communications system of the Customer, or any third party acting as Customer’s
agent (“Customer Equipment”), to the Service, as well as fulfillment of the following: (a) secure
all licenses, permits, and other arrangements necessary for interconnection; (b) make necessary
arrangements in order that Consolidated Communications will have access to such locations at
reasonable times for installing, testing, repairing, maintaining or removing the Service; (c) protect
the privacy of any communications carried over the network, network equipment, associated
hardware and software and facilities of Consolidated Communications, its affiliate(s) and its
network service provider(s) and other supplier(s) (collectively, “Consolidated Communications
Facilities”); (d) ensure that Customer Equipment is properly interfaced with the Service and that
emit signals that: (i) are of the proper mode, bandwidth, power, data speed and signal level for the
intended use of the Customer; (ii) are fully compliant with the generally accepted minimum
protective standards of the telecommunications industry as endorsed by the Federal
Communications Commission (FCC); and (iii) do not damage, harm, degrade or interfere with the

2.3

2.4

2.5

2.6

2.7

2.8

3.1

3.2

proper operation of the services of Consolidated Communications, its affiliate(s) and its network
service provider(s) and other supplier(s), or the Consolidated Communications Facilities or injure
their personnel.

if Customer or its agents, contractors, or users fail to maintain and operate the Customer
Equipment properly, with resulting or imminent interference, degradation or harm to or with the
proper operation of the services of Consolidated Communications its affiliate(s) and its network
service provider(s) and other supplier{s) or the Consolidated Communications Facilities, or injury
or imminent injury to their personnel, Consolidated Communications may, in its sole discretion,
immediately upon written notice, suspend the Service without liability or require the use of
protective interface equipment at Customer’s expense. During any period of suspension, any
service level agreement credits for Service interruptions or outages set forth herein or in a separate
Service Level Agreement do not apply. Customer shall also reimburse Consolidated
Communications for damages to the Consolidated Communications Facilities caused by the
negligence or willful act or omission of Customer, its agents, contractors, or users or resulting
from their improper use of the Customer Equipment or the Service.

The Service may be connected with the services or facilities of other network service providers.
Consolidated Communications may, when authorized by Customer and agreed to by Consolidated
Communications, act as Customer’s agent for ordering facilities provided by other network service
providers to allow such connection of Customer’s locations to Consolidated Communications’
network or to the network of an underlying network service provider or service. Customer is
responsible for all charges billed by other network service providers in connection with the use of
Service. Any special equipment, hardware, software or facilities necessary to achieve
compatibility between network service providers are the sole responsibility of Customer.

Customer must notify Consolidated Communications of any interruption of Service. Before giving
such notice, Customer shall ascertain that the trouble is not being caused by any action or omission
of Customer and is not a result of or being caused by a defect, malfunction or misconfiguration in
the Customer Equipment.

Customer is solely responsible for the selection, implementation and maintenance of security
features for protection against unauthorized or fraudulent use of Service.

Neither Customer nor it agents, contractors, third parties or users may rearrange, disconnect,
move, remove, modify, or attempt to repair any Consolidated Communications Facilities or
Service provided by Consolidated Communications, other than by connection or disconnection to
any interface means used, without the prior written consent of Consolidated Communications.

Customer is responsible to perform any error detection and error correction of data generated by
and any defect, malfunction or misconfiguration in the Customer Equipment. Consolidated
Communications assumes no responsibility for the quality of the signal generated by the Customer
or any Customer Equipment and will use commercially reasonable efforts to deliver the signal to
the receiving location in the same format and condition as generated by Customer.

Service Limitations.

The Service may not be used for any unlawful purpose.

The Consolidated Communications Facilities used to provide the Service will be exclusively of
Consolidated Communications’ choosing. Consolidated Communications may at any time
substitute network, network equipment, associated hardware and software and facilities used by
Consolidated Communications to provide the Service, or it may substitute comparable service for
the Service being provided to Customer. Consolidated Communications Facilities placed on
Customer premises that are utilized by Consolidated Communications to provide Service remain

the property of Consolidated Communications or its suppliers. Such Consolidated
Communications Facilities must be returned to Consolidated Communications by the Customer,
whenever requested, within a reasonable period following the request in as good condition as
when provided, reasonable wear and tear being excluded.

3.3. Consolidated Communications’ provision of Service is subject to authorization to operate in the
jurisdiction(s) where the Service is provided. The obligation of Consolidated Communications to
provide Service is dependent upon its ability to provide, procure, construct, and/or maintain the
Consolidated Communications Facilities that are required to meet Customer’s order for Service.
Consolidated Communications will make all commercially reasonable efforts to secure the
necessary Consolidated Communications Facilities, providing the foregoing are reasonably
available and the provision of the Service will not adversely affect Consolidated Communications’
other services or the offering of the Service to other customers.

3.4 Consolidated Communications reserves the right to perform network upgrades, maintenance,
updates and modifications at such times as are determined by Consolidated Communications as
required to maintain the Service performance. Consolidated Communications will make
commercially reasonable efforts to perform these upgrades, maintenance, updates and
modifications during the hours of 11 PM and 7 AM local time and to provide notice to Customer.
Consolidated Communications reserves the right to perform upgrades, maintenance, updates and
modifications at any time, in its discretion, when it believes such unscheduled maintenance is
necessary to maintain Service or performance of the Consolidated Communications Facilities.

3.5 Except as set forth in a Schedule and/or separate Service Level Agreement, Consolidated
Communications is not subject to any performance intervals, performance measurements,
performance credits, penalty payments or the like associated with the performance of this
Agreement.

3.6 Common carrier interstate services that may be used with the Service will be provided pursuant to
tariff rates, terms, and conditions of applicable tariffs or separate agreement. In the event a
regulatory agency or the courts re-impose common carrier regulation for the Service as provided
herein, the rates, terms and conditions for this Service will automatically revert to tariff rates,
terms and conditions without an amendment.

3.7. The use and restoration of Service during emergency conditions will be performed consistent with
applicable federal, state, local, or foreign law, statute, rule, regulation, ordinance, cade, judicial
decision or other governmental order, decree, or requirement (“Laws”).

Service Period, Customer shall purchase the Service identified in the applicable Schedule(s) for the
period of time stated in the Schedule(s) (“Service Period”). Unless otherwise stated in the Schedule(s),
the Service Period will begin when any work or installation of Consolidated Communications Facilities
needed to provide the Service is completed and the Service is available to the Customer for use. At the
end of the Service Period, unless otherwise stated in a Schedule, the terms and conditions set forth herein
will continue on a month-to-month basis in full force and effect until a new agreement is entered into or
the Service is terminated or cancelled in accordance with this Agreement (“Extended Service Period’.
Although the terms and conditions set forth herein will continue to apply, Consolidated Communications
may charge its then-current month-to-month rates for the Service during the Extended Service Period.
Following the expiration of the Service Period, either party may thereafter cancel this Agreement
without further liability by either party upon thirty (30) days prior written notice to the other party.

Charges, Customer is responsible for payment to Consolidated Communications, or to any entity
designated by Consolidated Communications as its collection agent, for all rates and charges set forth in
the corresponding Schedule(s) and associated with the Service, including any applicable early
termination or cancellation charges (“Charges”). This responsibility for payment of the Charges is not
changed by virtue of any use, misuse, abuse or fraudulent use of the Service by Customer, its agents,

8.

contractors, or users or third parties including, without limitation, the Customer’s employees or other
members of the public. The Charges may include: (a) non-recurring or one-time Charges that are
payable when the Service with which they are associated has been performed; (b) recurring Charges
which are not dependent on usage (which may be billed in advance); or (c) usage Charges billed after
cach usage cycle associated with the Service. [f an entity other than Consolidated Communications (e.g.,
another carrier or a supplier) imposes charges on Consolidated Communications in connection with the
Service, those charges, along with any applicable Charges, will be imposed on Customer, including,
without limitation, any early termination charges, all of which shall be included in the definition of
“Charges” hereunder.

Taxes and Surcharges.

6.1 Consolidated Communications’ Charges are exclusive of the following charges: (a) all applicable
federal, state, local, and foreign sales, use, excise, utility, gross receipts, value added or other taxes
(“Taxes”); and (b) all applicable surcharges, including, but not limited to, charges to recover
amounts Consolidated Communications is required or permitted by a governmental or quasi-
governmental authority to collect from others or pay to others in support of statutory or regulatory
funds or programs (“Surcharges”). Examples of Surcharges include, but, are not limited to,
Universal Service funding, license tax, permit fees, or franchise fees.

6.2 Consolidated Communications may elect to impose and collect such Taxes and/or Surcharges,
unless otherwise constrained by court order or applicable Laws. Customer agrees to pay all Taxes
and Surcharges imposed. If Customer provides Consolidated Communications with a duly
authorized exemption certificate, Consolidated Communications will exempt Customer in
accordance with applicable Laws, effective on the date Consolidated Communications receives the
certificate.

6.3. Any adjustment to, or imposition of, Taxes and Surcharges under this Section 6 may be made
without prior notice to Customer.

Billing and Payment. Consolidated Communications will invoice Customer monthly for Charges,
Taxes and Surcharges. Payments will be due thirty (30) days from the invoice date unless a different due
date appears on the invoice. Payments received after the due date may be subject to a late payment
charge of 1.5% per month or the maximum rate permitted by applicable Laws, whichever is lower, on all
overdue amounts until Customer’s account is current. Should Customer have a billing dispute, Customer
must provide notice to Consolidated Communications in writing within thirty (30) days of the invoice
date with an explanation of the disputed invoiced amount or else Customer will waive the right to
dispute the amount set forth on the invoice. In the event Customer timely disputes an invoiced amount,
Customer shall pay the undisputed portion of the invoice in accordance with this Section 7. If
Consolidated Communications determines that a disputed charge was billed correctly, payment is due
from Customer within five (5) days after Consolidated Communications advises Customer that the
dispute is denied. Customer shall pay the disputed amount by such date or commence Dispute
Resolution procedures under Section 16. Late payment charges on previously disputed amounts will
begin, as set forth above, following the expiration of the five (5) day period. Consolidated
Communications may assign unpaid delinquent charges to a collection agency for action. If
Consolidated Communications resorts to legal action to recover invoiced amounts due, Customer agrees
to reimburse Consolidated Communications for all expenses incurred to recover such monies (including
attorneys’ fees, court costs, and, if permitted under applicable Laws, amounts paid to third party
collection agencies), Customer authorizes Consolidated Communications to conduct a credit search
which Consolidated Communications will use to determine the credit worthiness of Customer, in its sole
discretion. Consolidated Communications may terminate this Agreement if, in the sole opinion of
Consolidated Communications, the results of such search are deemed unacceptable.

Service Termination by Customer. If Customer terminates the Service subsequent to the execution of
this Agreement by both parties, Customer shall pay all applicable Charges, Taxes and Surcharges for

16.

early termination of the Service as specified herein and in the corresponding Scheduie(s). Termination
of the Service must be in writing to Consolidated Communications and Consolidated Communications
has up to thirty (30) days to complete the disconnection of the Service. Customer is responsible for all
Charges, Taxes and Surcharges for the Service during such thirty (30) days. This 30-day period begins
on the day Consolidated Communications receives Customer’s written termination notice from
Customer.

Suspension of Services by Consolidated Communications. In addition to its rights to suspend
Service as set forth above, Consolidated Communications may suspend, or limit use of the Services
provided under this Agreement without liability, but with any notice required by applicable Laws, to
Customer, for the following reasons: (a) The Service is being used in violation of any applicable Laws,
(b) The Service is being used in an unauthorized or fraudulent manner or otherwise in violation or
breach of this Agreement; (c) The use of the Service adversely affects Consolidated Communications’
Facilities or its service to others; (d) A court or other governmental authority having jurisdiction issues
an order prohibiting Consolidated Communications from furnishing the Service to Customer; or (e)
violation of Consolidated Communications’ Acceptable Use Policy (“AUP”), which is published on
Consolidated Communications’ web site (and incorporated herein by reference); or (f) Customer fails to
timely pay undisputed Charges, Taxes and Surcharges for Service provided.

Limited Warranty.

10.1 CONSOLIDATED COMMUNICATIONS WILL USE COMMERCIALLY
REASONABLE EFFORTS TO PROVIDE THE SERVICE SUBSTANTIALLY IN
ACCORDANCE WITH ANY SERVICE DESCRIPTIONS SET FORTH IN THIS
AGREEMENT OR A SCHEDULE. IF THE SERVICE DOES NOT FUNCTION
SUBSTANTIALLY IN ACCORDANCE WITH SUCH SERVICE DESCRIPTIONS,
THROUGH NO FAULT OF CUSTOMER OR ITS AGENTS, CONTRACTORS, OR
USERS AND NOT DUE TO SCHEDULED MAINTENANCE, CONSOLIDATED
COMMUNICATIONS’S SOLE OBLIGATION IS TO REPAIR AND RESTORE THE
SERVICES AT CONSOLIDATED COMMUNICATIONS’S EXPENSE AND TO
PROVIDE TO CUSTOMER ANY CREDITS FOR THE AFFECTED SERVICES
EXPRESSLY PROVIDED FOR IN ACCORDANCE WITH THIS AGREEMENT OR
THE APPLICABLE SCHEDULE OR SEPARATE SERVICE LEVEL AGREEMENT.
THE FOREGOING WARRANTY AND REMEDY IS CONSOLIDATED
COMMUNICATIONS’S EXCLUSIVE WARRANTY AND = CUSTOMER’S
EXCLUSIVE REMEDY FOR BREACH OF WARRANTY, UNLESS OTHERWISE
EXPRESSLY STATED HEREIN ORIN AN APPLICABLE SCHEDULE HERETO.

10.2 EXCEPT AS SET FORTH IN SECTION 10.1, THE CONSOLIDATED
COMMUNICATIONS AND ITS NETWORK SERVICES SUPPLIER(S), AND THIRD-
PARTY SOFTWARE, HARDWARE AND EQUIPMENT PROVIDERS DISCLAIM
ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR
ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE
USAGE, INCLUDING BUT NOT LIMITED TO THE [IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE
KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE), AND NON-
INFRINGEMENT FOR THE SERVICE AND CONSOLIDATED COMMUNICATIONS
FACILITIES. CONSOLIDATED COMMUNICATIONS, ITS NETWORK SERVICES
SUPPLIER(S), AND THIRD-PARTY SOFTWARE, HARDWARE AND EQUIPMENT
PROVIDERS WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO THE
CONSOLIDATED COMMUNICATIONS FACILITIES OR FOR UNAUTHORIZED
ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF YOUR DATA