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NASHUA POLICE
DEPARTMENT Date: 8 March 2022

Intradepartmental Communication

To:

°o

Kelly Parkinson
From: Karen A. Smith, Business Manager

Subject: NPD PoliceApp

The Nashua Police Department recommends the services of PoliceApp recruitment
management system for the recruitment of sworn personnel. The system includes job
postings, advertisement and active recruitment, applicant progress tracking, document
storage, communication with candidates and more. Derry NH Police Department and
Portsmouth NH Police Department have had great success and highly recommend the
PoliceApp services.

PoliceApp has a three-year service agreement and they are a sole source due to the
all-inclusive App. Funding is available in the 4025 forfeiture account.

Sincerely,

Ll

Karen A. Smith
Business Manager

Police’
2 PP 250 Pomeroy Ave

Simplifying the hiring process Meriden CT, 06450
855-720-APPS

To: Officer Adrian Beato
From: Michael Quadrato
RE: Sole Source

Date: January 6, 2022

Officer Beato,

To the best of our knowledge and experience PoliceApp.com, Inc is the only company that provides a
service specifically designed to manage the complexities of public safety recruitment, providing an end
to end solution.

PoliceApp is more than just a job board. We understand that promotion is key to a successful
recruitment process. PoliceApp wiil leverage the power of social media; including Facebook,
and Twitter to announce open positions and upcoming deadlines. We also produce targeted
email campaigns to our existing applicant data base and compile an interest capture email list.

Designed by public safety professionals, PoliceApp is the solution departments choose to
streamline the entire recruitment process. By streamlining the hiring process through
PoliceApp’s on-line management system, departments save 70-75% of the paperwork, time,
and resources typically associated with a traditional paper based hiring process.

PoliceApp.com is an intuitive, user-friendly platform for both candidates and departments with the
flexibility to handle the unique hiring needs of public safety. The benefits to departments that utilize
PoliceApp.com are many.

© The ability to accept online applications, thus eliminating stacks of paperwork and data entry

e Unique applicant management tools for departments

¢ One-click communication tools for test results, scheduling meetings and candidate
correspondence

e Ability to rank applicants based on Department specific criteria

© At-a-glance viewing of applicant profiles, test results, ranking and progress

e ADA & EEOC compliance reporting

e Secondary application and background management

e Recruitment Lead Management & Tracking

There are no other recruitment sites that offer this extensive service and platform with the expertise
needed in public safety to run a recruitment at this level for your department.

If you have any questions or need further information, please do not hesitate to contact me.

With Respect,

Michael Quadrato
Michael Quadrato

Business Development Director
203-350-0026
michael@policeapp.com

5 Brookside Drive

Ss. Police App ward, CT ob

Company Address 5 Brookside Drive Created Date 1/6/2022
ee ae Expiration Date 1/31/2022

Quote Number oc000029

Phone (203) 350-0026

Email admin@policeapp.com

Bill To Name Nashua Police Department Ship To Name Nashua Police Department
Bill To 28 Officer James Roche Drive

Nashua, NH 03062

Product List Price Quantity Total Price Product Description

Yearly Subscription

* Directory Page

* Posting on “Featured Job” Home Page

* 1 Week Position on Home Page Rotator/Per Quarter
+ 2 Email Blast to Data Base/Per Quarter

Promote Plus1 $5,000.00 1.00) $7,500.00| + 2 Social Media Postings (Facebook, Instagram, Twitter, Linkedin)/Per Quarter
* Recruitment Lead Management

* Unlimited Public Safety Job Postings

+ Interest Form/Resume

« Applicant Screening al a glance

* Applicant Communication Tools

Background Process Management

On-line Background/PHQ-up to 100 submitted Packets per year
Reference Questionnaires

Background Tracking Checklist

Promote & Hire 100 | $3,500.00 1.00] $3,500.00

Subtotal $13,500.00
Discount 18.52%

Total Price $11,000.00
Grand Total $11,000.00

Please don't hesitate to contact me directly with your questions or comments regarding this quotation. We look
forward to working with you.

To accept this quotation, sign here and return:
Name:

Title:

Signature:

Today's Date:

Police

This Service Agreement (the “Agreement” ) made, 3/9/2022 (the “Effective Date”) by and between
PoliceApp.com, a Connecticut corporation having a principal place of business in the City of
Wallingford, Connecticut (hereinafter referred to as "POLICEAPP"), and the Nashua Police
Department, located in Nashua, NH (hereinafter referred to as the "CLIENT".

WHEREAS CLIENT desires to retain POLICEAPP to provide certain Services, as detailed below,
and POLICEAPP is willing to perform such Services under the terms and conditions hereinafter set

forth;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree and covenant as follows:

WH

2)

3)

4.)

Term. The initial term of this Agreement shall be for a period of three (3) years from Effective
Date. Upon expiration of the initial term, the agreement will terminate unless renewed by
the client for subsequent terms of 1 year.

Services. POLICEAPP will provide CLIENT with the following services (the “Services”):

a.

C.

d.

CLIENT will receive a client account (the “Client Account”), with an associated user
name and password, for accessing the job recruitment and application review tools
available via www.PoliceApp.com (the “Website”);

CLIENT will receive the ability to generate job postings on the Website;

CLIENT will receive the ability to review applicant information of individuals who
have applied to a CLIENT job posting on the Website (“Applicants”); and,

CLIENT will have access to additional recruitment tools available on the Website.

Fees. POLICEAPP reserves the right to impose reasonable fees, in the event that any
modifications or additional services are requested by the CLIENT
Client’s Obligations.

a. Website Terms of Use. CLIENT agrees at all times to adhere to the Website Terms

of Use as set forth on the Website and included herein as Addendum A.

Security; Access; Notification of Breach. CLIENT is responsible for all activities
that occur under the Client Account. CLIENT is responsible for maintaining the
security and confidentiality of its user names and passwords. Only CLIENT, by and
through its authorized agents and representatives, shall use the Client Account.
CLIENT shall not grant access to the Client Account to any third party users. Only
official email addresses associated with the CLIENT’s particular domain name shall
be acceptable for use in the creation of the Client Account. CLIENT shall notify
POLICEAPP immediately upon learning of any unauthorized use of the Client
Account, the Website or any other known or suspected breach of security related
to the Website or the Services.

POLICEAPP.COM / Nashua, NH agreement - PAGE 7 of 8

gS Police

Restrictions on Use of the Services. CLIENT may not alter, resell or sublicense the
Services or provide the Services as a service bureau. CLIENT, its employees, agents
and representatives and any other authorized users of the Client Account, agree not
to reverse engineer the Services, including but not limited to the Website and any of
its capabilities or features, or its software or other technology. CLIENT will not use
or access the Services to: (i) build a competitive product or service, (ii) make or have
made a product having similar ideas, features, functions or graphics to those of the
Services, (iii) make derivative works based upon the Services or (iv) copy any
features, functions or graphics of the Services. CLIENT will not "frame" or "mirror"
the Service. Use, resale or exploitation of the Service except as expressly permitted
in this Agreement is prohibited. CLIENT acknowledges and agrees that any breach
by it, or by any of its agents, employees, or representatives, of this Section shall cause
irreparable injury to POLICEAPP and that, in such an event, and in addition to any
other remedies that may be available, in law, in equity, or otherwise, POLICEAPP
shall be entitled to seek and obtain injunctive relief against any threatened or
continuing breach hereof.

CLIENT agrees that all police officer applications will be processed through
POLICEAPP. CLIENT will direct all police officer applicants to POLICEAPP to
complete and submit applications from their website and other advertising sources
used by CLIENT. CLIENT understands that POLICEAPP will be allocating
resources and funds to advertise and promote CLIENT'S open positions. Client
may at a later date choose to process additional civilian Police Department
applications through POLICEAPP.

5.) Client Data. The parties make the following agreements with respect to any and all data
submitted by CLIENT to the Website (the “Client Data”):

a.

All Client Data will remain solely the property of CLIENT and/or its agents or
representatives to the full extent provided by law.

CLIENT bears sole responsibility for the accuracy, quality, integrity, legality,
reliability, appropriateness of and copyright permissions for all Client Data.

POLICEAPP will not use the Client Data for any purpose other than as necessary
to provide the Services to CLIENT.

POLICEAPP will use commercially reasonable security measures to protect
Client Data against unauthorized disclosure or use. This shall include the use of
production and disaster recovery systems maintained in secured SSAE16 & PCI
certified datacenters in the United States with redundancy on all critical support
elements, including but not limited to data, power, environmental controls, and
fire suppression.

POLICEAPP conducts automatic backups of its systems, including the Website
and Client Data stored therein, pursuant to POLICEAPP's internal backup
POLICEAPP.COM / Nashua, NH agreement - PAGE 2 of 8

gS Police

6.)

7.)

8.)

policies, which may be modified in POLICEAPP's sole discretion at any time
without notice.

Data Ownership & Accuracy.

a.

POLICEAPP shall at all times retain any and all rights in the Website and the
Services. This Agreement grants no ownership rights in the Website or the Services
to CLIENT. No license is granted to CLIENT except as necessary to access and use
the Website and the Services as expressly stated herein. The POLICEAPP name, the
POLICEAPP logo, and trademarks of POLICEAPP or third parties, and they may
not be used by any other third party without POLICEAPP's, or such applicable third
party owner's, prior written consent.

CLIENT owns all Client Data, including but not limited to emails, notes and CLIENT
uploaded attachments, as well as information provided by Applicants, once such
information has been submitted and/or uploaded to the CLIENT.

CLIENT shall only use the data accessed through the Website or provided as part of
the Services for the purposes of recruiting and selecting new hires from available
Applicants. Client shall not use the data for any other purpose, including but not
limited to third party marketing, monetary gain, etc.

CLIENT is solely responsible for ensuring the accuracy of data uploaded or entered
into POLICEAPP whether by the Applicants, CLIENT or by POLICEAPP on behalf
of CLIENT.

Client Data shall be stored by POLICEAPP for as long as this Agreement is in place.
Upon termination of this Agreement, POLICEAPP will provide CLIENT with data
files, exclusive of POLICEAPP software and formatting, within sixty (60) days of the
date of notification of termination. The Data will be turned over to the CLIENT ina
format that will be usable and readable by the CLIENT.

Termination.

a. This Agreement may be terminated:

i. By mutual agreement of the parties.

ii. By either party, upon written notice, if the other party (the "Defaulting
Party") materially breaches this Agreement, and such breach is incapable
of cure, or with respect to a material breach capable of cure, the
Defaulting Party does not cure such breach within fifteen (15) days after
receipt of written notice of such breach.

Disclaimer_re: Content. POLICEAPP is neither responsible for nor makes any
representation or warranty with respect to the content, imagery, opinions or hiring practices
set forth by the CLIENT and communicated to Applicants via the Website. POLICEAPP

POLICEAPP.COM / Nashua, NH agreement - PAGE 3 of 8

gS Police

9.)

10.)

11.)

12.)

shall not be responsible or liable to CLIENT or any other third party for any threatening,
defamatory, obscene, offensive or illegal conduct of the CLIENT or any third party or any
infringement of another's rights, including real or intellectual property rights, by the
CLIENT or any third party.

Disclaimer of Warranties. POLICEAPP will make all reasonable efforts to provide the
Services in a timely manner and to in accordance with current industry standards.
Notwithstanding the foregoing, the Services are provided “As Is” and POLICEAPP makes
no warranties with respect to the availability and accuracy of the Services. If POLICEAPP
fails to provide the Services as outlined in this Agreement, or with any of the Terms of Use,
CLIENT’s sole and exclusive remedy is to discontinue use of the Services.

Insurance.

POLICEAPP shall, at its own expense, maintain the following insurance coverages with
insurers rated A-VII or better in the A.M. Best Key Rating Guide for property and casualty
insurance companies: (a) general liability insurance in the amount of $1,000,000 per
occurrence and $2,000,000 in the aggregate; and (b) professional / cyber liability insurance in
the amount of $5,000,000 in the aggregate, covering the clients costs for computer and data
loss restoration, notification costs, credit monitoring and liability to third parties from
POLICEAPP’s failure to handle, manage, store and control personally identifiable
information. POLICEAPP shall maintain in effect during the performance under this contract
all specified insurance coverage with insurers. None of the requirements as to types and
limits to be maintained by POLICEAPP are intended to and shall not in any manner limit or
qualify the liabilities and obligations assumed by POLICEAPP. The CLIENT shall not
maintain any insurance on behalf of POLICEAPP. POLICEAPP will provide the City of
Nashua, Risk Management, 229 Main Street Nashua, NH 03060, with certificates of insurance
for coverage as listed above and endorsements affecting coverage required by the contract
within 10 calendar days after execution of this FSA. General liability policies must include
the City of Nashua as an additional insured and reflect as such on the certificate of insurance.
POLICEAPP is responsible for filing updates certificates of insurance with the City of
Nashua’s Risk Management Department during the life of the contract.

Indemnification. Regardless of any coverage provided by any insurance, POLICEAPP
agrees to indemnify and shall defend and hold harmless the City, its agents, officials,
employees and authorized representatives and their employees from and against any and
all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands,
damages, liabilities, interest, attorney’s fees, costs and expenses of any kind or nature in any
manner caused, occasioned, or contributed to in whole or in part by reason of any negligent
act omission, or fault or willful misconduct, whether active or passive, of POLICEAPP or of
anyone acting under its direction or control or on its behalf in connection with or incidental
to the performance of this contract. POLICEAPP’s indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the actions or inactions
in whole or in part by the client.

Choice of Law and Venue

POLICEAPP.COM / Nashua, NH agreement - PAGE 4 of 8

Police

13.)

14.)

15.)

16.)

17.)

18.)

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 9 Circuit Court Nashua and not elsewhere.

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.

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.

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

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.

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).

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.

POLICEAPP.COM / Nashua, NH agreement - PAGE 5 of 8

Police

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 POLICEAPP.COM

Signature of Authorized Representative date Signature of Authorized Representative date

Sean Cassidy President

Print name Title

Print name Title

Nashua Police Department
28 Officer James Roche Drive

Nashua, NH 03062 5 Brookside Drive
Wallingford, CT 06492

URL: www.policeapp.com

* 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 / Nashua, NH agreement - PAGE 6 of 8

Police

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 relationship 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 is subject to the following terms of use:

e The content of the pages of this website is 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 is
subject to the laws of the United States of America.

POLICEAPP.COM / Nashua, NH agreement - PAGE 7 of 8