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Q Consolidated

SERVICE SCHEDULE
High-Speed Internet

Service Provider: Consolidated Communications Enterprise Services, Inc. (hereinafter “Consolidated” or

“Consolidated Communications”)

Customer Name: City of Nashua

1.

Services.

The term “Service” shall mean the (a) Consolidated business High Speed Internet access service with or
without local service and related transport services (“High-Speed Internet Service” or “Service”) provided
to you by Consolidated; and (b) the Internet services provided by Consolidated which include Consolidated
Domain Name E-Mail Service (“E-M Service”), , all Software, Content, domain name server (“DNS”) and
related services, and such other products or services as you may subscribe to with Consolidated under the
pricing plan set forth below (collectively, the “Consolidated Services”). The Service shall also include any
software or hardware that Consolidated provides you in connection with the Service to which you have
subscribed, and includes any sub- or secondary accounts associated with a primary account. “Content” shall
mean content provided by Consolidated or its third party licensors, providers or suppliers and accessible on
the Service, including without limitation images, photographs, animations, video, audio, music, and text,
with the exception of content uploaded by and stored on behalf of users. High-Speed Internet Service
utilizes transport service provided by your local Consolidated Communications telephone company. If you
change your local telephone company, or move your local telephone service to a wireless or Internet
telephone service provider we may in our discretion either immediately terminate your Service or continue
to provide High-Speed Internet Service without local service at existing terms and conditions under the
then-current pricing plan applicable to your Service. If your local Consolidated Communications telephone
company provides transport service to your location utilizing fiber optic technologies, we (in our sole
discretion) may migrate your High-Speed Internet Service to fiber optic transport technologies. In cases of
such migration, Consolidated will offer to you fiber-based Internet Service for Business (““FAST®™”) and
we will disclose to you applicable rates and additional terms, if any, that may differ from the services
provided under this Schedule.

Service and Initial Quantity Commitments.

Customer agrees to purchase the following Services from Consolidated at the rates and quantities set forth
below for the Service Period identified below. Any other work, services or facilities required will be
provided subject to prevailing tariff rates and charges, or if no tariff is applicable, as mutually agreed to by
the parties.

Monthly
Recurring
Charge “MRC”

Non-Recurring

Service Type Charge “NRC”

Fiber Connect 1 Gig/s/500 M with 14 Static IPS $0.00 $350.99

Service Period and Billing. The Customer shall purchase the Service for a period of [Thirty Six ] (36 )
consecutive months following the execution of this Schedule and installation of the Service (if not
previously installed and cutover) hereof (“Service Period”). Termination charges will apply to all Service
disconnected prior to the end of the Service Period or any extension thereof. The Service Period and Billing
for the circuits shall begin on the In-Service Date.

Service Cancellation;. If you cancel your High-Speed Internet Service within 30 calendar days, you agree
to return to Consolidated all hardware which Consolidated has provided to you in connection with the
High-Speed Internet Service prior to receiving a refund on said equipment charges or additional equipment
charges will apply. Consolidated will provide you with a pre-paid mailing label and instructions for the
return of this equipment. If you cancel after the first thirty (30) calendar days of High-Speed Internet

Consolidated Internet
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L109

QO Consolidated’

Service but before completing the 36 month, City agrees to (a) pay Consolidated all Service fees accrued as
of the cancellation date and (b) you agree to pay a termination fee of $100.00 for each High-Speed Internet
Service terminated (“Early Termination Fee”). Activation or set-up fees paid at the initiation of High-
Speed Internet Service are not refundable

Locations.

The Services shall be provided to Customer under the terms hereof at the following locations. Other
locations may be added to this Schedule only upon mutual assent of the parties.

| Service Type | Quantity | Address

Fiber Connect with 14 124 Spit Brook Rd Nashua NH
Static IPs

All services described herein are provided pursuant to the rates, terms and conditions of Enhanced
Communications of Northern New England Inc. (HIGH-SPEED INTERNET TERMS OF SERVICE -
BUSINESS CUSTOMERS) posted at https:/Avww.consolidated.com/support/terms-policies/internet-
terms-policies. Your signature below indicates your acceptance of the rates, terms and conditions in the
High-Speed Internet Terms of Service — Business Customers as well as the commitments and discounts
described herein.

Customer: City of Nashua Consolidated Communications Enterprise Services,

By:

Inc.

Name:

Title:

Date:

By: Shaaban

Name: Joseph Weisenburger

Title: ~~ Regional Sales Manager

Date: 9/99/04

Consolidated Internet
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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

March 31, 2021
Memo #21-093

TO: Mayor Donchess
Finance Committee

SUBJECT: Aquatic Invasive Species Management in the amount of $78,037 funded from accounts
NHDES Grant Account 54285 River Maintenance $29,777, Community Development
Division Account 55699 Other Professional Services $44,665 & Parks & Recreation
Account 53999 Other Professional Services $3,595

Please see attached communications from Deb Chisholm, Waterways Manager, dated March 24, 2021 for
project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: Aquatic Invasive Species Control and Management
Value: $78,037
Vendor: Solitude Lake Management

Department: 181 Community Development
Source Funds: 53999 Other Professional Services, 55699 Other Contracted Services & 54285
River Maintenance

Ordinance: Pursuant to § 5-84 Special purchase procedures. A/ (4) Sole-source procurements,
where the proposed purchase is manufactured by only one company

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

Regards,
Kelly Parkinson

Purchasing Manager

Ce: D Chisholm
J Graziano

. Community Development
City of Nashua Planning and Zoning
. - one Building Safety
Community Development Division Code Enforcement
: : Urban Programs
City Hall, 229 Main Street, PO Box 2019 Conservation Commission
Nashua, New Hampshire 03061-2019 Transportation
www.nashuanh.gov FAX

589-3095
589-3090
589-3080
589-3100
589-3085
589-3105
880-0100
589-3119

Date: March 24, 2021

To: John Griffin, CFO; Kim Kleiner, Administrative Services Director, Kelly Parkinson,
Purchasing Manager

From: Deb Chisholm, Waterways Manager

Re: Contract for Aquatic Invasive Species Control and Management

Nuisance aquatic invasive plants are present in multiple Nashua water bodies, most notably the
Nashua River upstream of Mine Falls dam, the Mill Pond and Nashua Canal. During summer
2017 the City also received several complaints regarding excessive plant growth in Sandy Pond
and the Waterways Manager documented that Curly Leaf Pondweed, an aquatic invasive species,
was present in this pond. Aquatic invasive weeds, such as milfoil, fanwort, and water chestnut,
can make rivers and ponds unsightly, recreation unpleasant, and navigation by boat difficult.
Furthermore, excessive growth of vegetation can impair water quality due to reduced dissolved
oxygen which can cause fish kills.

The City’s Waterways Manager works closely with the State Invasive Species Coordinator at
NH DES to monitor the presence and extent of invasive species and update the Long-term Exotic
Aquatic Plant Management Plan for our waterways.

The City has been involved in controlling aquatic invasive species since 2011 when action was
taken to control Water Chestnut by mechanical harvest. This was very effective at removing
Water Chestnut and we now can continue to control Water Chestnut by hand pulling with
volunteers. Unfortunately, the decline in Water Chestnut created an opportunity for other
invasive species present in the River to take over. The vegetation is now dominated by milfoil
and fanwort which cannot be mechanically harvested or hand pulled, leaving herbicide treatment
as the only recommended effective management strategy. Herbicide treatments in rivers and
ponds are closely regulated and permitted which involves extensive public notice.

During the summers of 2017, 2018, 2019 and 2020, herbicide treatments were used to control
milfoil and fanwort on 84 acres of the Nashua River upstream of the Mine Falls dam. This
resulted in a very noticeable improvement over 2016 conditions and we received multiple
messages from constituents reporting they were pleased with this outcome. Herbicide treatments
are recommended again this summer to continue reducing the coverage and extent of these
invasive species in this section of the Nashua River.

In response to complaints about the excessive plant and algae growth in Sandy Pond we will
continue taking action to control curly leaf pond weed and reduce nuisance algae to improve the
appearance and water quality of this pond.

Solitude Lake management is the only company in the region that provides this type of service,
and in accordance with the NH DES invasive species management grant program, we solicited a

proposal directly from them to complete the recommended management actions for the Nashua
River and Sandy Pond. The City was awarded a grant from NH DES in the amount of $29,777.
The total cost for this contract is $78,037 which will be paid in part by the NH DES grant with
remaining cost covered by Community Development (Nashua River), and the Parks and
Recreation Department (Sandy Pond).

The Waterways Department recommends awarding the contract for aquatic invasive species
control in the Nashua River to Solitude Lake Management in the amount of $78,037.

CONTRACT FOR INDEPENDENT CONTRACTOR

AQUATIC INVASIVE SPECIES CONTROL AND MANAGEMENT IN THE NASHUA RIVER

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

SOLITUDE LAKE MANAGEMENT, 590 LAKE STREET SHREWSBURY, MA 01545
and its successors, transferees and assignees (together “Independent Contractor”)

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and are
made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the written
change order or the fully executed City of Nashua Purchase Order shall control over the terms of the
Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor shall
furnish all services, equipment, and materials and shall perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work within the time
periods set forth and may only be altered by the parties by a written agreement to extend the period of

performance or by termination in accordance with the terms of the contract. Independent Contractor shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

4, COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed
Seventy-eight thousand and thirty-seven Dollars ($ 78,037.00)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or unless Independent Contractor has received a written exemption from the City of Nashua.
Independent Contractor shall submit monthly requests for payment for services performed under this
agreement directly to

City of Nashua

Attn: Accounts Payable
PO Box 2019

Nashua, NH 03061-2019

To facilitate the proper and timely payment of applications, the City of Nashua requires that all
invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved budget.
Specifically, Independent Contractor agrees to provide the following with each request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a listing
of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description of
the work accomplished, problems experienced, upcoming work, any extra work carried out, and a
schedule showing actual expenditures billed for the period, cumulative total expenditures billed
and paid to date under the contract, and a comparison of cumulative total expenditures billed and
paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Independent Contractor. The City of
Nashua will pay Independent Contractor within 30 days of approval by the City of Nashua of the submitted
invoice forms and progress reports. The City of Nashua will make no payments until the invoice forms and
progress reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid,
and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Mayor Jim Donchess Marc D. Bellaud
229 Main Street, PO Box 2019 Solitude Lake Management
Nashua, NH 03060 590 Lake Street

Shrewsbury, MA 01545
With Copy to
Deb Chisholm
Waterways Manager
229 Main Street, PO Box 2019
Nashua, NH 03060

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) Solitude Lake Management (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

ND Vw FF YN

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK

CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

GC-1

GC--2
GC--2
GC--2
GC--3
GC--3
GC--3

WARRANTY DEED

The undersigned Edwin W. Boudreau, a married man, of 56 Sand Hill Road, Newport,
NH 03773-1257, as Successor Trustee of the Birna Boudreau Revocable Trust of 2015, for
consideration paid, grants to Leo Minor Property Group, LLC, with WARRANTY
COVENANTS, the following:

PARCEL I

A certain tract or parcel of land, with the buildings thereon, situate in Nashua, County of
Hillsborough, and State of New Hampshire, and being shown as Lot #9 on a pian of land entitled
“Searles Estates, New Searles Road, Nashua, N.H., Scale 1” = 50°, March 1961, Ned Spaulding,
C.E.”, filed for record in the Hillsborough County Registry of Deeds, and being more
particularly bounded and described as follows:

Beginning at a stone bound in the northwesterly line of New Searles Road at Lot #7,
thence,

(1) N55 °30° W, a distance of one hundred eighty-four and 01/100 (184.01) feet;
thence,

(2) 5 16 ° 28’ @, a distance of one hundred five and 17/100 (105.17) feet; thence,

(3) S 35 ° 30’ E, a distance of one hundred fifty-one and 46/100 (151.46) feet to a
stone bound in the northwesterly line of New Searles Road; thence,

(4) N 34 ° 30’ E, a distance of one hundred and no/100 (100.00) feet to the stone
bound at the place of beginning.

Containing 16,773 square feet, more or less.

Copy