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ADVERTISER AGREEMENT

PAGE 4 OF 7

SUTFRONT/

OUTFRONT Media
40 Water Street

Lower Mezzanine
Boston,MA 02109
781-792-2123
781-792-2736

CONTRACT NO.: 3434613 DATE: 04/05/22

ADVERTISER: City of Nashua, Department of Public Hea CLIENT SUPPLIES PRODUCTION: No
BRAND: ACCOUNT EXECUTIVE: MaryAnne Carpenter (J86)
CAMPAIGN:

Copy must meet Production specifications and be received 10 working days prior to each advertising period.

THIS AGREEMENT AND THE COPY TO BE DISPLAYED HEREUNDER IS SUBJECT TO THE APPROVAL OF OUTFRONT MEDIA'S
MARKET GENERAL MANAGER AND THE OWNER OF THE LOCATION AS APPLICABLE

Advertiser Bill-To# 1130608

City of Nashua, City Hall
229 Main Street

Nashua, NH 03060
603-589-3260

Attn: Bobbie Bagley

Subject to the terms of the Production Information Addendum Page and the OUTFRONT Media Terms and Conditions of Advertising Service each attached
hereto and made a part hereof, the advertiser and/or agency listed on this page (collectively, "Advertiser") hereby contracts with Outfront Media LLC ("Company")
for the display of advertising copy ("Copy") on the advertising display(s) described below, commencing approximately on the commencement date of the
Advertising Period listed below and delivered in accordance with and subject to Company's Specifications for Inventory and Packages located at
www.outfrontmedia.com/resources/posting-standards (the "Inventory Specifications"). Advertiser shall provide the Copy in the form and type and within the
timeframe specified by Company, including sufficient overage Copy and posting instructions.

See Production Information Addendum page for shipping quantities and addresses for static copy. For further specifications regarding the inventory and

packages purchased under this Contract, see the asset descriptions at www.outfrontmedia.com/resources/posting-standards.

Period Cost .
Total No. of T=Tax Value Period
Market/Media Specifications #Units Copy Size Sq. Ft. Date(s) Periods | * B=Barter Value Total
New Hampshire Unit # OON21D 1 10'x24' 07/18/22 1.00 OT $225.00 $225.00
Production Costs Unit# OON21D-O

IN/S 111 & E Hollis & Hudson F/E

Posting/Install Date 07/18/22
New Hampshire Unit # OON21D 1 10'x24' 07/18/22 1.00 OT $455.00 $455.00

Installation Costs

Unit# OON21D-O

IN/S 111 & E Hollis & Hudson F/E
Posting/Install Date 07/18/22

Ref. Space Contract#
Customer Ref#
Special Instructions:

Client has first right of refusal 90 days prior to the expiration date.
2 vinyls & 2 installs included with the annual contract.
3rd vinyl change out will cost $950 and install $1,820.

THIS AGREEMENT IS NON-CANCELABLE BY ADVERTISER EXCEPT AS SET FORTH IN THE TERMS AND CONDITIONS ATTACHED HERETO. THIS CONTRACT CONSISTS OF THIS PAGE, THE INVENTORY SPECIFICATIONS
LOCATED AT WWW.OUTFRONTMEDIA.COM/RESOURCES/POSTING-STANDARDS, THE PRODUCTION INFORMATION ADDENDUM PAGE, ANY ADDENDA APPLICABLE TO OTHER PRODUCTS AND SERVICES

(SUCH AS MOBILE ADVERTISING OR ATTRIBUTION SERVICES), AND THE OUTFRONT MEDIA TERMS AND CONDITIONS OF ADVERTISING SERVICE INCORPORATED HEREIN, ALL OF WHICH ADVERTISER HEREBY
ACKNOWLEDGES RECEIVING AND APPROVING. ANY MISSING PAGES OF THIS CONTRACT MAY BE OBTAINED OR REQUESTED THROUGH ANY OUTFRONT MEDIA OFFICE OR REPRESENTATIVE IF LOST OR

NOT RECEIVED BY ADVERTISER. FACSIMILE OR ELECTRONIC SIGNATURES SHALL HAVE THE SAME FORCE AND EFFECT AS ORIGINAL SIGNATURES. THIS CONTRACT MAY BE EXECUTED IN SEVERAL
COUNTERPARTS, EACH OF WHICH SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT. THE AGENCY AND/OR THE SIGNATORY HERETO REPRESENTS AND WARRANTS THAT THEY ARE AUTHORIZED TO
EXECUTE THIS CONTRACT ON BEHALF OF AND BIND THE ADVERTISER AND THAT THE ADVERTISER APPROVES SAME.

* Period Codes: M=Monthly,; W=Weekly; 4W=4 Weeks; D=Daily; OT=One Time TF=Till Forbid

ADVERTISER AGREEMENT - PRODUCTION INFORMATION ADDENDUM

PAGE 5 OF 7

SUTFRONT/

Advertiser Bill-To# 1130608

City of Nashua, City Hall
229 Main Street

Nashua, NH 03060
603-589-3260

Attn: Bobbie Bagley

CONTRACT NO.: 3434613

ADVERTISER:
BRAND:
CAMPAIGN:

City of Nashua, Department of Public Hea

DATE: 04/05/22

ACCOUNT EXECUTIVE: MaryAnne Carpenter (J86)

Copy must meet Production specifications and be received 10 working days prior to each advertising period.
THIS AGREEMENT AND THE COPY TO BE DISPLAYED HEREUNDER IS SUBJECT TO THE APPROVAL OF OUTFRONT MEDIA'S
MARKET GENERAL MANAGER AND THE OWNER OF THE LOCATION AS APPLICABLE

Ext.
Copy Due |Shipping Fab
Market Media/Location(s) Size Date _|Quantity Shipping Address Service AE Per Sq Ft
INew Hampshire Bulletins/Unit# 53620A-O 10'x22' 06/20/22 |1 OUTFRONT Media
E/S 3 (D.W. Hwy) 500.00 ft N/O Mcgraw Br. F/S 1370 Hooksett Rd
Hooksett, NH 01306
(603) 624-2079
Attn Outdoor Operations
INew Hampshire Bulletins/Unit# 53283A-O 10'x40' 06/20/22 |1 OUTFRONT Media
IN/S of Bridge Street and East Hollis Street F/E 1370 Hooksett Rd
Hooksett, NH 01306
(603) 624-2079
Attn Outdoor Operations
INew Hampshire Bulletins/Unit# 8692AJ-O 6'x12' 06/20/22 |1 OUTFRONT Media
IN/S 101A 2.00 mi W/O Jct 101 F/W 1370 Hooksett Rd
Hooksett, NH 01306
(603) 624-2079
Attn Outdoor Operations
INew Hampshire Bulletins/Unit# OON21D-O 10'x24' 06/20/22 |1 OUTFRONT Media
IN/S 111 & E Hollis & Hudson F/E 1370 Hooksett Rd
Hooksett, NH 01306

(603) 624-2079
Attn Outdoor Operations

OUTFRONT MEDIA TERMS AND CONDITIONS OF ADVERTISING SERVICE
WithCity of Nashua (“Advertiser”) (Contract # 3434613 _)

1. As used in this herein, Company shall mean OUTFRONT
Media and Advertiser shall mean and be deemed to include, in
addition to Advertiser, any advertising agency or any other
agent or licensee of Advertiser (collectively “Advertiser”).

2. At least ten (10) working days before the estimated start
date, Advertiser, at its sole expense, shall furnish and deliver
to Company or to service points designated by Company,
sufficient supply of advertising copy, in form and type specified
by Company along with written notice to Company setting
forth required posting instructions. If copy is not so received,
a loss of service may occur or additional costs may be charged
by Company although commercially reasonable efforts will be
used to post copy as promptly as practicable after receipt from
Advertiser. If Advertiser requests expedited installation within
five working days of receipt of late received copy, a fee of not
less than $650 per location will be payable. In any event, if
copy is not received in a timely manner, Company may use
subject locations in any manner, without limiting Advertiser's
liability to pay for such space prior to posting the late received
copy. If Copy is furnished and delivered as required above
and such Copy is not rejected by Company pursuant to the
terms hereof (i) the Copy shall be posted, and (ii) in the case
of showing based programs the Copy shall be Significantly
Posted (as hereinafter defined) by Company within five

(5) working days of the date for the commencement of the
Advertising Period set forth on the first page of this
Agreement. For the purposes hereof, a program shall be
deemed to be Significantly Posted if at least 85% of the
program has been posted. Nudity, pornographic, profane or
obscene copy shall not be permitted. The character, design,
text and illustrations on advertising copy and the material used
shall be subject to approval by Company, which shall not be
unreasonably withheld by Company, and by location owner,
transit company/authority or third party controlling location
COwner”). If not approved, Company shall provide Advertiser
the specific reasons for rejection and steps necessary to obtain
Company approval. If copy is rejected, Advertiser shall
continue to be liable for the full term of this Contract and
Advertiser shall be responsible for providing an acceptable
replacement copy within ten days of notification that a
previous copy was rejected. If production is received after the
date specified by Company, Company shall be entitled to full
payment for the contract period even if partial or no display
results. Advertiser shall indemnify, defend and save harmless
Company and Owner against all claims and liabilities arising
out of the advertising material displayed under this Contract,
including but not limited to any claim for defamation, or
infringement of any copyright, trademark, or other intellectual
property or privacy right and reasonable attorneys’ fees and
expenses incurred in defending any such claims.

3. Should Advertiser’s copy be damaged, defaced, or
deteriorated for any reason whatsoever, including ordinary
wear and tear, or if lost or stolen, Advertiser shall furnish a
replacement copy, upon Company’s request, without liability or
expense to Company. If Advertiser fails to provide such
replacement copy, Company may use the location involved in
any manner, without releasing Advertiser from obligation to
pay for such location. Unless otherwise specified on the face
hereof, there will be a service charge for all installations on
walls and for any changes in any display material after initial
placement. All designs for displays produced by Company will
be faithfully reproduced. Company will maintain displays in
good condition to the extent of matters reasonably within
Company’s control or assumed responsibilities. Any repainting
or reposting requested by Advertiser in addition to that
specified herein, if any, shall be paid by Advertiser in advance
per Company’s current quoted prices.

4. If for any reason whatsoever during the term hereof (i)
Company is unable to secure any specified location or loses the
right to use any location, or (ii) any location becomes
obstructed, destroyed or defaced, or (iii) Company fails to
timely meet its posting requirements hereunder, any resulting
loss of advertising shall not be deemed a breach or termination
of this Contract. Company shall have the option to replace lost
locations with locations of equal value per Company's prices
and/or classifications, or to issue a pro-rated credit. Any delay
in commencing of service and/or posting of fewer locations
than specified and/or resulting loss of advertising service
caused by any reason whatsoever, shall not render Company
liable for any damages or offsets of any kind and shall be
remedied solely by extending the Advertising Period of this
Contract to provide an equivalent amount of advertising
service at the contracted location or a replacement location of
equal value, or at Company's option, result in a pro-rated
credit, with all consequential damages being expressly waived
by Advertiser. Notwithstanding anything contained herein to
the contrary, if any location is lost for any reason whatsoever,
Company shall also have the option to terminate this Contract
and receive payment in full for services through the
termination date.

5. Where illuminated displays are provided, illumination will
be from dusk to midnight. If illumination is halted or reduced
for any reason, including but not limited to operation of law or
malfunction of equipment, Advertiser shall receive a credit for
the period of reduced or non-illumination at the rate of fifteen
percent (15%) of the contract price for the impacted period,
provided Advertiser shall have first given written notice to
Company of the illumination problem and same continues for
more than five (5) days after Company’s receipt of such notice.

6. Advertiser shall inspect the display within three (3)
business days after installation. Unless within such period
Advertiser gives written notice to Company specifying any
defect, the display shall be conclusively presumed to have
been inspected and approved by Advertiser for all purposes
whatsoever, including content and location of displays. If after
installation of display Owner disapproves any advertisement, or
if adverse publicity results from any display, Company shall
have the right to remove advertisement and, at its option,
either terminate this Contract or request a new acceptable
advertisement copy pursuant to paragraph 2 above. Company
and Advertiser accept this Contract subject to all federal, state
and municipal laws and regulations. In the event any
advertisement becomes illegal, Company reserves the right to
terminate same upon notice to Advertiser. Acceptance of this
Contract is subject to credit check and approval by Company.
Company, in its sole discretion, may extend or reject credit, or
at any time during the term, withdraw credit and Company
may thereupon require partial or full payment of the remaining
contract amount in advance. In the event of any termination
under this paragraph, Advertiser’s obligation shall cease as of
the effective termination date.

7. Agency and Advertiser shall be jointly and severally
liable for payment of the amounts owed under this Contract.
In the event of default or material breach by
Advertiser/Agency that is not cured by Advertiser within ten
(10) days following written notice thereof from Company, in
addition to other remedies available at law, Company may: (a)
cancel this Contract without prior notice and demand
payments of all amounts remaining due and owing; and/or (b)
remove all of Advertiser’s displays without limiting Advertiser’s
liability hereunder. Waiver by Company of any breach by
Advertiser/Agency hereunder shall not prejudice the rights of

Company with respect to any breach not specifically waived by
Company. This Contract and all related claims shall be
construed according to the laws of the State of New
Hampshire and Hillsborough County, New Hampshire shall be
the proper and exclusive legal jurisdiction and venue for any
resulting legal action.

8. Invoicing will be rendered monthly in advance dating
from the commencement date of the first advertising period.
Invoices rendered to Advertiser shall be conclusive as to the
correctness of the items stated unless Company receives
written objection within fifteen (15) days thereof. Non-receipt
of invoices or lack of invoicing, shall not impact Advertiser's
liability hereunder. Any discounts given shall be
forfeited/reversed for invoices not paid within sixty (60) days
from the date thereof. All rates and adjustments are
computed on the basis of thirty (30) days to the month, unless
a different period is specified on the face hereof. Invoices
shall be due thirty (30) days after the date of invoice and
failure to pay within such timeframe shall result in a default
hereunder and shall further be deemed a default under any
other agreements with Company. Notwithstanding the
foregoing, in the event that Company accepts payment by ACH
or credit card, Company shall have the right, at Company’s
option, to either (a) require Advertiser to pay all amounts due
or coming due under the Contract on the date of the ACH or
credit card payment or (b) require Advertiser to set up
recurring payments whereby the Advertiser’s ACH or credit
card is charged on each invoice date for the full invoice
amount.

9. Company shall not be held responsible for unused
posters, displays or other copy provided by Advertiser and
Company may dispose of any such materials. Company may
promote Company’s own business through the use of
Advertiser's posters or displays in any manner whatsoever.
Company is an Equal Opportunity Employer.

10. This Contract contains the full agreement of the parties,
and no prior representation or assurance, verbal or written not
contained herein, shall affect or alter the obligation of either
party hereto. This Contract is not cancelable or assignable by
Advertiser, nor may the subject of the advertising be changed
without the consent of Company. Notwithstanding the
foregoing, agreements for transit displays may be cancelled by
Advertiser upon providing at least 90-days written notice prior
to affected posting date, with Advertiser paying, upon
invoicing, short rate for actual length of term.

11. The following provisions shall be applicable in the event
that this Contract shall be for the display of advertising copy
on a LED, LCD or other digital display sign (“Digital Sign”):
Notwithstanding anything herein to the contrary, the Company
shall be not obligated to display the copy for more than 91%
of the display time provided hereunder (the “Guaranteed
Display Time”). If the Company displays the copy for at least
the Guaranteed Display time, there shall be no reduction in the
fee paid hereunder or extension of the term hereof. If the
Company displays the copy for less than the Guaranteed
Display Time, the Company shall, in its sole discretion, either
(i) terminate this Contract and reimburse the Advertiser for
fees paid relating to the period for which the copy was not
displayed for at least the Guaranteed Display Time, (ii)

equitably extend the Advertising Period of this Contract at the
contracted location or a replacement location of equal value, or
(iii) issue to Advertiser a pro-rated credit for advertising
services equivalent to the period for which copy was not
displayed for the Guaranteed Display Time. The Advertiser
hereby expressly waives all other remedies at law or equity,
and the Company shall have no other liability to the Advertiser
as a result of any failure to display the copy for at least the
Guaranteed Display Time. In addition to the foregoing, the
Company shall have the right at any time to preempt the
display of copy in order to utilize the Digital Sign(s) for public
service messages in connection with (i) an Amber Alert, or (ii)
at the request of any Federal, State or local authority, any
public emergency (including but not limited to emergencies
related to homeland security) (an “Emergency Interruption”).
In such event, the Company shall not be in breach of this
Contract and the Company shall have no liability to the
Advertiser pursuant to the preceding paragraph or otherwise
as a result of any such Emergency Interruption. The
Advertiser hereby expressly waives any remedies at law or
equity to which the Advertiser might otherwise be entitled as a
result of such Emergency Interruption. For the purposes of the
provisions hereof pertaining to the display of advertising on a
Digital Sign, “copy” shall be deemed to mean any
advertisement displayed on such sign whether the same is
animated, static or otherwise, specifically including, but not
limited to, streaming content or digital images, as applicable.

12. Agency/Advertiser hereby represents, warrants and
confirms that it is aware of the requirements of 18 U.S.C.

§§ 2257-22574 and that it fully complies with them either by
certifying to the U.S. Attorney General, in the form required by
28 C.F.R. § 75.9, that Agency/Advertiser collects and
maintains individually identifiable information relating to
models used in the advertisement to be displayed pursuant to
the terms hereof (including but not limited to their names,
addresses, and dates of birth) in accordance with applicable
Federal and/or State tax and labor or other law, or that
Agency/Advertiser creates, maintains, cross-indexes and
makes available for inspection records as required by 28 C.F.R.
§§ 75.2-75.5. Upon request, Agency/Advertiser will provide
Company with proof of its compliance.

13. If the advertising copy concerns a political, religious
or social issue, the Advertiser and Agency shall not make any
press release or other public announcement or media outreach
regarding this Agreement or the related advertising copy that
refers to the Company without the Company’s express prior
written consent (which consent may be granted or denied in
the Company's sole discretion), except as required under
applicable law, in which case Advertiser shall obtain the
approval of the Company as to the form, nature and extent of
the press release, public announcement or media outreach
prior to issuing the press release or making the public
announcement.

Acknowledged and Agreed to by:

Advertiser: Company:

BERN — ctrl en
STE i IN] Jefferson Mill Building

N ial S
S [El] U [= | 6701 fh Commercial Street

PO Box 1120
Manchester, NH 03105-1120

1 (603) 623-8700
F (603) 623-7775

Roy W. Tilsley, Jr.

Shareholder
VIA FEDEX AND ELECTRONIC MAIL 603-665-8093 direct

rtilsley@bernsteinshur.com

May 13, 2022

Nashua Finance Committee
City of Nashua

229 Main Street

Nashua, NH 03060

Re: — Bid Process for Request for Proposal RFP0718-022322
Dear Members of the Committee:

My firm represents Community Media Services Group LLC (““CMSG”), which currently
manages and operates the City of Nashua’s (the “City”) public access television channel. In
2021, CMSG approached the City of Nashua about renegotiating its contract. In response, the
City opted to initiate a Request for Proposal process for the management and operation of its
public access channel. The City issued RFP0718-022322 (the “RFP’) on January 28, 2022, with
a deadline for proposals of February 24, 2022. Two proposals were submitted in response to the
RFP—one by CMSG and one by Bartis-Russell Broadcasting TV, LLC (“BRB”).

On April 1, 2022, the Cable Television Advisory Board (“CTAB”) recommended that the
City accept BRB’s bid. As the RFP concerns a contract for more than $25,000, it next goes to
the Finance Committee for approval. See Nashua’s Revised Ordinances (“NRO”) § 5-90(C). If
approved by the Finance Committee, because the contract extends beyond the current fiscal year,
it goes to the full Board of Alderman for approval. See NRO § 5-74(B).

As CMSG was both the lowest bidder and the organization best suited to provide quality
programming through the Access Nashua public television channel, I am writing to request that
the Finance Committee not follow the CTAB’s recommendation of BRB’s bid and instead award
the contract to CMSG.

Nashua’s Revised Ordinances set out two bidding procedures that could apply in these
circumstances: competitive sealed bidding and competitive proposals. See NRO §§ 5-78, 5-80,
5-81. Competitive sealed bidding is the preferred method; competitive proposals are only used
“Ti]Jn cases where competitive sealed bidding is not practical” and the decision to use them must
be in writing and consider certain factors. NRO § 5-81. As the RFP contains no written notice

\

bernsteinshurcom

VIA FEDEX AND ELECTRONIC MAIL
Nashua Finance Committee

May 13, 2022

Page 2

that competitive proposals would be used or discussion of the relevant factors, it appears that the
City used competitive sealed bidding.

Under the competitive sealed bidding process for contracts with an estimated cost above
$10,000, “[cJontracts shall be awarded to the lowest responsible bidder.” NRO § 5-78(G).
Importantly, “[iJn determining lowest responsible bidder, in addition to price, the Manager shall
consider” 10 criteria, including “[t]he ability, capacity and skill of the bidder to perform the
contract or provide the service required” and “[t]he quality of performance of previous contracts
or services.” Jd. Where competitive proposals are used, the City must set forth, in the RFP, “the
relative importance of price and other significant evaluation factors which shall be considered”:
RFP0718-022322 sets out several such factors that substantially overlap with the criteria
considered as part of the competitive sealed bidding process. See NRO § 5-82(A); RFPO718-
022322. Thus, even if the City used competitive proposals, the analysis below applies and the
contract should be awarded to CMSG because it was the low bidder and is far more experienced
than BRB in public access television.

NRO § 5-78(G) makes clear that the primary consideration in awarding a contract is
price. CMSG’s proposal was the lowest bid. It offered four cost proposals based on the
provision of different services, including whether CMSG or the City would provide the studio
director and whether the City approved the hiring of a part-time news director. Based on the first
proposal—which represents the current services CMSG provides to the City and which have
built a successful and engaging public access station over the last decade—the first year’s cost
would be $145,000. With an annual increase of five percent in years two and three, the overall
cost of the proposal for three years is $457,112.50. BRB’s proposal, in the first year, would cost
$175,000. For three years it would cost $506,800, nearly $50,000.00 more than CMSG’s
proposal.

There may also be additional costs that increase the price tag of BRB’s proposal. As
discussed at the CTAB meeting, Appendix I to BRB’s bid outlines additional services, including
rebranding, expanding streaming content, and adding closed captioning. There are no prices
included in this appendix. Moreover, BRB’s bid includes a transition period of two months,
during which CMSG would stay on. This would add an additional $23,000 to the cost of BRB’s
bid. Hiring BRB to manage the public access channel would be significantly more expensive for
the City of Nashua. Thus, the presumption weighs in favor of awarding CMSG the contract.

Looking beyond the cost issue, CMSG has successfully managed and operated Nashua’s
public access television channel since it was created in 2011. Public access television is a
platform for members of the public to create content on a wide range of topics for consumption
by the community. CMSG has worked with over 70 producers to create 75 series, with
approximately 3250 episodes, several of which have won awards. It has extensive experience in
public access television and a proven track record in Nashua. CMSG is well-respected in the
PEG television world. Most importantly, it is dedicated to the mission of public access

VIA FEDEX AND ELECTRONIC MAIL
Nashua Finance Committee

May 13, 2022

Page 3

television and to leveraging its resources and technology to help community producers realize
their creative visions.

During the CTAB meeting on April 1, Library Director Jennifer McCormack explained
her support for CMSG’s proposal, stating that “CMSG demonstrated a more thorough
understanding of a public access television station and a stronger commitment to community
participation in programming.” CTAB Chair Andrew Cernota indicated that CMSG “seemed to
have a better grasp as far as the underlying philosophy of public access as a public forum.” Even
members that supported BRB’s proposal acknowledged that CMSG had more experience with
public access television. Andrea Sebastyan, a public access producer who has worked with the
CMSG team, voiced her support for CMSG during the public comment period at the beginning
of the meeting. She shared some of her positive experiences, read excerpts of letters of support
from members of the public, and submitted more than 20 such letters to CTAB prior to the vote.

There were flaws in the CTAB process. While a subset of CTAB members interviewed
CMSG and BRB, not all relevant stakeholders were included. Alderman Ernest Jette indicated
that he thought he would be part of that smaller group but received no invitation to participate.
CMSG requested that the interview group view a short video provided by CMSG’s creative
director, Dan Young, who could not attend; the group indicated it would need to determine
whether such a video was admissible, but never followed up. The interview group did not meet
after interviewing the bidders or offer a recommendation to CTAB. Moreover, while the
directors of the government and education channels were consulted during RFP process, they had
no role in the CTAB vote or decision making thereafter.

CMSG did not receive direct notice that the Public Access RFP would be discussed at the
April | meeting; instead, they received informal notice from an acquaintance. The public also
received very little notice. Nashua’s website shows that the agenda for the April 1, 2022 meeting
was posted on March 29, 2022, three days before the meeting. The public did not receive a full
and fair opportunity to be heard on who manages its public access television channel—an issue
of great public interest.

At the CTAB meeting, while the Board ultimately voted to recommend BRB’s bid, the
previous motion to recommend CMSG’s bid to the City failed narrowly in a divided vote.
Additionally, concerns were also raised about the interplay between BRB’s role running a for-
profit radio station and its desired role managing the City’s public access television station. It
appears that BRB has assured CTAB members that there would be a separate entity to manage
the television station and that BRB would use its radio station to drive viewership of the TV
station. Chairman Cernota noted that while any fundraising could be done through a nonprofit
organization, BRB’s thinking about this is did not seem “particularly well fleshed out.” The
potential conflict issues between BRB’s commercial business and its hoped-for role managing
the public access station need to be further explored and developed. The close vote and the
concerns raised about the bids merit further public comment and a close analysis by the
Committee.

VIA FEDEX AND ELECTRONIC MAIL
Nashua Finance Committee

May 13, 2022

Page 4

The reasons outlined above support an award of the contract to CMSG. CMSG requests
that the Committee conduct an independent review of the two proposals to determine which
proposal constitutes the “lowest responsible bidder” and would best serve the public interest. As
part of this review, CMSG requests that the Committee hold a public hearing on this bid to hear
from both interested parties, as well as community stakeholders. In the absence of a separate
meeting, CMSG will seek to be heard on these issues at the May 18, 2022 Committee meeting.

Thank you for your consideration of this matter.

Sincerely,
/s/ Roy W. Tilsley, Jr.

Roy W. Tilsley, Jr.

CC: Richard Gagnon (via email)
Kelly Parkinson, Nashua Purchasing Manager (via email)
Cable Television Advisory Board (via FedEx)

REPORT OF THE FINANCE COMMITTEE
MAY 4, 2022

A meeting of the Finance Committee was held on Wednesday, May 4, 2022, at 7:00 p.m. in the Aldermanic
Chamber and via Zoom. The meeting link information can be found on the agenda.

Alderman Patricia Klee, Vice-Chairman, presided.

Members of the Committee present: Alderman Patricia Klee, Vice Chair
Alderman Alex Comeau
Alderman Tyler Gouveia
Alderman-at-Large Ben Clemons (via Zoom)
Alderman-at-Large Melbourne Moran, Jr.

Members not in Attendance: Mayor Jim Donchess
Alderwoman-at-Large Gloria Timmons

Also in Attendance: Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager
Cheryl Lindner, Treasury Management Officer
Karen Smith, NPD Business Office Manager
Rob Page, NPD
David L. Boucher, Superintendent of Wastewater
Jason Toohey, IT Manager, Project/Development
Nick Miseirvitch, ClO, Information Technology
John Stewart, Superintendent of Street Department
Dan Hudson, City Engineer
Tim Cummings, Economic Development Director
Jennifer McCormack, Library Director

PUBLIC COMMENT

COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: | HVAC Project Change Order #2 in the amount not to exceed $29,259.36 funded from 81200 Buildings
& Improvements (Police Dept.)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE AND APPROVE CHANGE ORDER #2
TO UPDATE REQUIREMENTS FOR THE HVAC UPGRADES AT THE NASHUA POLICE DEPARTMENT
WITH TURNSTONE CORPORATION IN AN AMOUNT NOT TO EXCEED $29,259.36. FUNDING THROUGH

DEPARTMENT: 150 POLICE DEPARTMENT; FUND: 81200 BUILDINGS AND IMPROVEMENTS, BY ROLL
CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,
Alderman Moran 5

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager

Finance Committee — 05/04/2022 Page 2

Re: Billboard Advertising in the amount not to exceed $55,010 funded from accounts Grants/61250
Marketing & Promotion (Public Health)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE AND APPROVE THE CONTRACT TO
CREATE VINYL PRODUCTIONS AND INSTALLATION FOR BILLBOARD AD DISPLAYS IN THE
GREATER NASHUA AREA FOR ONE YEAR WITH OUTFRONT MEDIA ADVERTISING COMPANY IN AN
AMOUNT NOT TO EXCEED $55,010. FUNDING THROUGH DEPARTMENT: 171 COMMUNITY SERVICES;
FUND: 61250 MARKETING & PROMOTION

MOTION BY ALDERMAN MORAN TO TABLE THE CONTRACT TO CREATE VINYL PRODUCTIONS AND
INSTALLATION FOR BILLBOARD AD DISPLAYS IN THE GREATER NASHUA AREA FOR ONE YEAR
WITH OUTFRONT MEDIA ADVERTISING COMPANY IN AN AMOUNT NOT TO EXCEED $55,010.
FUNDING THROUGH DEPARTMENT: 171 COMMUNITY SERVICES; FUND: 61250 MARKETING &
PROMOTION, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,
Alderman Moran 5

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Biosolids Management — Multi Year Contract in the amount not to exceed $2,940,000 funded from
54221 Disposal Services/Wastewater Fund (Wastewater Dept.)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE AND APPROVE THE THREE YEAR
CONTRACT IN AN AMOUNT NOT TO EXCEED $2,940,000 WITH RESOURCE MANAGEMENT, INC., OF
HOLDERNESS, NH, FOR MANAGEMENT OF BIOSOLIDS AT THE WASTEWATER TREATMENT
FACILITY. FUNDING WILL BE THROUGH DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER;
ACCOUNT CLASSIFICATION: 54 PROPERTY SERVICES, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,
Alderman Moran 5

Nay: 0

MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager

Re: Software Maintenance - Mimecast in the amount not to exceed $41,250 funded from 54407 Software
Maintenance/General Fund (IT Dept.)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE AND APPROVE RENEWING THE

MIMECAST LICENSING THROUGH NEW ERA TECHNOLOGY OF PORTSMOUTH, NH, FOR THE

AMOUNT OF $41,250. FUNDING THROUGH DEPARTMENT: 122 INFORMATION TECHNOLOGY; FUND:
54407 SOFTWARE MAINTENANCE/GENERAL FUND, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,