Search

Police A p p. Cc O mM 730 Pomeroy Avenue, Suite 201

Senden, CP O6450

weew policeapp com

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 any way thereto shall be brought in Hillsborough
County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 96 Circuit Court Nashua and not elsewhere.

13.) Assignment. CLIENT shall not assign, transfer, delegate or subcontract any of its rights or
delegate any of its obligations under this Agreement without the prior written consent
of POLICEAPP. Any purported assignment or delegation in violation of this Section shall
be null and void. POLICEAPP may assign any of its rights or delegate any of its obligations
to any affiliate or to any person acquiring all or substantially all of POLICEAPP’s assets
without CLIENT'S consent. This Agreement is binding on and inures to the benefit of the
parties to this Agreement and their respective permitted successors and permitted assigns.

14.) Entire Agreement. This Agreement and any written addendum hereto, executed by both
parties, constitutes the entire Agreement and supersedes all prior agreements or
representations which are not expressly set forth herein.

15.) Amendments. This Agreement may be modified, waived or discharged only by written
agreement mutually executed by all parties.

16.) Severability. If any term or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity,
illegality or unenforceability shall not affect any other term or provision of
this Agreement or invalidate or render unenforceable such term or provision in any other
jurisdiction.

17.) Notices. All notices, requests, consents, claims, demands, waivers and _ other
communications under this Agreement must be in writing and addressed to the other party
at its address set forth on the signature page of this Agreement (or to such other address that
the receiving party may designate from time to time in accordance with this Section).

18.) Fees: POLICEAPP will invoice CLIENT Eleven thousand dollars $11,000 annually for

services provided. Should department decide to change to an applicant funded process,
department must notify POLICEAPP at least 15 days prior to annual billing date.

POL CEAPP.COM / Nashua, NH agreement - PAGE 5 of &

G:)PoliceApp.com

_30 Pomeroy Avenue, State 201
Menden CT QOn43a

wauw pollecapp com

The undersigned CLIENT acknowledges that he,'she has thoroughly read, approved and accepted
each of the provisions contained herein and acknowledges receipt of a copy hereof. This is a legally
binding Contract. If the CLIENT does not understand any part of it, CLIENT should consult an

attorney before execution.

CLIENT
Signature of Authorized Representative date
Prat name Title

Nashua Police Department
28 Officer James Roche Drive
Nashua, NH 03062

* By signing, the above individual represents that he/she is a duly
authorized representative of the CLIENT having the requisite
authority to enter into this Agreement

POLICEAPP.COM

Signature of Author zed Representative date

Sean Cassidy President

Print name Title

5 Brookside Drive
Wallingford, CT 06492
URL: www.policeapp.com

POLICEAPP.COM / Nashua, NH agreement - PAGE 6 of 8

Bg: Pol ice A p p. co mM 230 Pomeros Avenue Sune 201

Meriden OT 06450

wen policeapp com

Addendum A: PoliceApp.com Terms of Use

Welcome to our website. If you continue to browse and use this website you are agreeing
to comply with and be bound by the following terms and conditions of use which govern
PoliceApp com's relationsh p with you in relation to this website.

The term ‘PoliceApp com’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’
refers to the user or viewer of our website

The use of this website 's subject to the following terms of use:

e The content of the pages of this webs'te ts for your general information and use
only. It is subject to change without notice.

e Neither we nor any third parties provide any warranty or guarantee as to the
accuracy, timeliness, performance, completeness or suitability of the information and
materials found or offered on this website for any particular purpose. You
acknowledge that such information and materials may contain inaccuracies or errors
and we expressly exclude liability for any such inaccuracies or errors to the fullest
extent permitted by law.

e Your use of any information or materials on this website is entirely at your own risk,
for which we shall not be liable. It shall be your own responsibility to ensure that any
products, services or information available through this website meet your specific
requirements.

e This website contains material which is owned by or licensed to us. This material
includes, but is not limited to, the design, layout, look, appearance and graphics

e Reproduction is prohibited other than in accordance with the copyright notice,
which forms part of these terms and conditions.

e All trademarks reproduced in this website, which are not the property of, or licensed
to the operator, are acknowledged on the website.

e Unauthorized use of this website may give rise to a claim for damages and/or be a
criminal offense.

e From time to time this website may also include links to other websites. These links
are provided for your convenience to provide further information. They do not
signify that we endorse the website(s). We have no responsibility for the content of
the linked website(s).

e Your use of this website and any dispute arising out of such use of the website 1s
subject to the laws of the United States of America.

POUCEAPP.COM / Nashua, NH agreement - PAGE ’ of 8

Police A p p. co mM 2350 Pomeroy Avenue, Suite 21

Meriden CT 06450

Wi pol leeapp com

Copyright Notice

All materials contained on this site are protected by United States copyright law and may
not be reproduced, distributed, transmitted, displayed, published or broadcast without prior
permission of PoliceApp com. You may not alter or remove any trademark, copyright or
other notice from materials contained within this site.

You may download content, pages and downloadable materials from this website for your
person, non-commercial use only.

PO! CEAPP.COM / Nashua, NH agreement - PAGE ¢ of &

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: March 9, 2022

Re: Multi-Year Contract Award — Riverfront Landscaping

Pursuant to NRO: § S-74/B: A contract that extends from the current fiscal year into succeeding
fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the
City.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the March 16, 2022 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

item: 2022 Landscaping: seasonal maintenance at the Library to Pan
Am Pedestrian Bridge, Peddlers to Margaritas, upper edge of
BAE parking lot, and both sides of river behind 53-59 Main Street
to Cottonmill Bridge

Value: $180,000

Vendor: Doty Group

Purchasing Memo#: 22-248 dated March 9, 2022

Contract Term: 5/1/22 through 10/31/23
Thank you.

229 Main Street « PO Box 2019 + Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 * NashuaMayor‘@NashuaNH.gov
www. NashuaNH. gov

2), ‘HE CTY OF NASHUA "The Gate City”

Economic Development

To: L. Wilshire, President
From: T. Cummings, Director
Ce: Members of the Board of Aldermen

Date: March 8, 2022

Re: Communication — Approval & Place on File a Contract for Professional Services related to
the Nashua Downtown Riverfront Project for Doty Landscaping

The Tax Increment Financing Development Program and Financing Plan adopted by the Board
through the passage of O-18 -006, states that the City Economic Development Director shall be
the Administrator of the District and shall have the power to, inter alia, “negotiate and sign,
upon the approval of the Board of Aldermen, any contracts relative to the design, engineering,
construction, or operations of any phase or component of the activities proposed under this
Plan.”

A copy of the Professional Engineering Services Contract related to the Nashua Downtown
Riverfront Implementation Project with Doty Landscaping, along with Exhibits outlining the
scope and basis for fees is attached. As shown the contract is the City’s standard Professional
Engineer services contract.

The attached is a multiyear contract ending 10-31-2023 for the landscaping and maintenance of
the Riverfront project. The total figure for this effort is $180,000.00. The source of funds is the
TIF account created to implement the downtown riverfront project.

Pursuant to NRO §5-91 relative to Contract Amendments and in conforming with the Tax
Increment Financing Development Program and Financing Plan, | am requesting the approval of
the Board of Aldermen for the award of the attached contract amendment of $180,000.00

CONTRACT FOR PROFESSIONAL SERVICES

TITLE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

The Doty Group Inc

NAME AND TITLE OF PROFESSIONAL CONTRACTOR

26 PLAIN RD. HOLLIS, NH 03049

ADDRESS OF PROFESSIONAL CONTRACTOR

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

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

WHEREAS, Professional 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

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, Professional

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

AG lof4

the contract the work described.

3. PERIOD OF PERFORMANCE. Professional Contractor shall perform and complete all work by 10-
31-2023 which date shall only be altered by mutually approved written agreement to extend the
period of performance or by termination in accordance with the terms of the contract. Professional
Contractor shall begin performance upon receipt of an Executed Contract and a valid Purchase
Order issued from the City of Nashua.

4. COMPENSATION. Professional Contractor agrees to perform the work for a total cost not to
exceed

($180.000.00)

The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

Unless Professional Contractor has received a written exemption from the City of Nashua,
Professional Contractor shall submit monthly requests for payment for services performed under
this agreement in accordance with the values stated in the Agreement. Such requests shall be
supported by such data substantiating the Professional Contractor’s right to payment as the City
of Nashua may reasonably require. Professional Contractor shall submit monthly requests for
payment for services performed under this agreement shall be submitted as follows:

> Electronically via email to VendorAPInvoices(@NashuaNH.gov

OR

>» Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Please do not submit invoices both electronically and:paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua
requires that all submitted 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, Professional Contractor agrees to provide the following with each
request for payment:

|. 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.

AG 2 of 4

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 Professional Contractor. The
City of Nashua will pay Professional 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 executed 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: PROFESSIONAL CONTRACTOR REP:

Tim Cummings Nate Doty

City of Nashua The Doty Group
229 Main St 26 Plain Rd
Nashua, NH 03060 Hollis, NH 03049

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 Professional 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) tenants) [A

Tim Cummings Dir. Economic Dev. \ ad Dor Vic 40 yéSt he pt
(Printed Name and Title) (Printed Name and tite} }}
(Date) (ate) i uy |] Vie

AG 3 of 4

aan A SF YN

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER 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 1o0f 13

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

GC--3
GC--4
GC--5
GC--6
GC--6
GC--7
GC--7
GC--7
GC--7
GC--8
GC--8
GC--8
GC--9
GC--9
GC--9
GC--10
GC--10
GC--10
GC--10
GC--10
GC--11
GC--1]
GC--11
GC--1]
GC--11