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Finance Committee - Agenda - 1/4/2017 - P1

By dnadmin on Mon, 11/07/2022 - 10:29
Document Date
Wed, 01/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/04/2017 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__010420…

FINANCE COMMITTEE

JANUARY 4, 2017

7:00 PM Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From:
Re:

From:
Re:

From:
Re:

From:
Re:

Dan Kooken, Purchasing Manager
Contract Award for (Value: $44,051); Department: 122 Information Technology;
Fund: Property & Casualty; Account Classification: Loss Prevention Program

Dan Kooken, Purchasing Manager

Contract Award for Design Engineering Services for the Water Booster Station Upgrade
(Value: Not-to-Exceed $105,600); Department: 169 Wastewater; Fund: SRF Loan
Activity: Water Booster Station

Dan Kooken, Purchasing Manager
Contract Award for Engineering Services for the Evaluation of the Wet Weather Facility
(Value: Not-to-Exceed $35,100); Department: 169 Wastewater; Fund: Wastewater

Dan Kooken, Purchasing Manager
Award for Purchase and Installation of Siphon and Manhole Covers (Value: $49,875)
Department: 169 Wastewater; Fund: Wastewater

UNFINISHED BUSINESS — None

NEW BUSINESS — None

DISCUSSION

RECORD OF EXPENDITURES

PUBLIC COMMENT

NON-PUBLIC SESSION

ADJOURNMENT

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Finance Committee - Agenda - 1/4/2017 - P1

Finance Committee - Agenda - 1/4/2017 - P2

By dnadmin on Mon, 11/07/2022 - 10:29
Document Date
Wed, 01/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/04/2017 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__010420…

B\ THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

December 29, 2016
Memo #17-088

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT AWARD FOR (VALUE: $44,051)
DEPARTMENT: 122 INFORMATION TECHNOLOGY; FUND: PROPERTY & CASUALTY
ACCOUNT CLASSIFICATION: LOSS PREVENTION PROGRAM

Please see the attached communication from Bruce Codagnone, CIO/IT Division Director to Mayor
Donchess dated December 15, 2016 for information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (5) Purchases from a sole manufacturer, where it
is determined to be more efficient and economical to reduce costs of maintenance of additional repair
parts, supplies or services.

The CIO/IT Division Director and the Purchasing Department recommend awarding these contracts in an
amount totaling $44,051 to Tyco Integrated Security of Nashua, NH and Custom Computer
Specialists of Lincoln, RI.

Respectfully,

Dan Kooken

Purchasing Manager

Ce: B. Codagnone J. Graziano

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

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Finance Committee - Agenda - 1/4/2017 - P2

Finance Committee - Agenda - 1/4/2017 - P3

By dnadmin on Mon, 11/07/2022 - 10:29
Document Date
Wed, 01/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/04/2017 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__010420…

THE CITY OF NASHUA “The Cate City’

Information Technology Division

SRS a

December 15, 2016
TO: MAYOR Donchess
FINANCE COMMITTEE
SUBJECT: Re: Safe Station Door Access and Controls

in support of the Safe Station initiative launched by Mayor Donchess recenily, the East Hollis St Fire Station and Lake St Fire
Station require additional infrastructure to provide safety for the civilian employees at those locations. Both stations
require an Access Control System to be installed which will provide controlled access to the office areas via a magnetic
badge, the same system that is used throughout other City buildings. These two systems will be added to the centralized
system maintained by the City’s Risk Department which provides the ability to change entry codes with a click of a button.
The cost is $13,028.83 for East Hollis St and $12,038.24 for Lake St. Since it is an extension to our current system it is a sole

source and did not go out to bid.

The third item is to install a video intercom system at both stations so the employees inside will be able to see and
communicate with people at the door, and unlock the doors from their desk. This will be integrated into the new VOIP
phone system that is being implemented across the entire City. Eventually, the dispatchers at the Fire Alarm building will
also be able to tap into the intercom systems for the two locations during non-business hours. This item also did not go out
to bid since it is integrated into our city wide telecom project and Custom Computer Specialist was already awarded the
bid. The cost to add this to both Fire stations is $18,938.78.

Respectfully,

Bruce Codagnone
CIO/IT Division Director
Ce: J. Griffin

D. Kooken

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

p=

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Finance Committee - Agenda - 1/4/2017 - P3

Finance Committee - Agenda - 1/4/2017 - P4

By dnadmin on Mon, 11/07/2022 - 10:29
Document Date
Wed, 01/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/04/2017 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__010420…

tyca

integrated Security

COMMERCIAL SALES AGREEMENT TOWN NO.

Tyco Integrated Security LLC (“Tyco”)

Tyler Devoe

35 Progress Avenue,
Nashua, NH 03062-1923
Tele. No. (787) 749-7703

0069-MANCHESTER,

NH

City of Nashua

di/bla:

(‘Customer’)

Customer Billing Information
177 Lake Street,

Nashua, NH 03060

Attn: Nick Miseirvitch

Tele. No,

my

a # Ss 3G

CUSTOMER NO. JOB NO. PONO. — ESTIMATE NO.
1-2S9RQYM

DATE: 12/8/2016

Customer Premises Serviced
177 Lake Street,

Nashua, NH 03060

Attn: Nick Miseirvitch

Tele. No, (603) 589-3305

This Commercial Sales Agreement is between Customer and Tyco effective as of the date signed by Customer. By entering into this Agreement, Tyco and Customer agree to the Terms
and Conditions contained in this Agreement The Equipment and/or Services, collectively the System(s) covered under this Agreement is/are listed in the attached Schedule(s) of
Protection / Scope of Work (“SOW”),

| THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AGREEMENT AND ARE INCORPORATED BY REFERENCE:
(a) Hazardous Substance Checklist and Customer Letter (e) State Specific Forms, if applicable (e.g., local permit applications)
(b} Scope of Work / Schedule(s) of Protection () Customer Installation Acceptance Form (specific to EquipmeniServices purchased)
(c) Terms and Conditions (9) If multiple locations, see attached schedule
(d) Additional Terms and Conditions

i, | CHARGES AND FEES: Customer agrees to pay the Sum of $12,038.24 (“Installation Charge” with $ 0.00 payable upon acceptance of this Agreement (“Installation Charge
Deposit’) plus any applicable “Fees” and sales taxes. Tyco may invoice Customer for progress billings based upon Equipment and/or System components delivered or stored, and/or Services
performed before completion of the System/Equipment installation, activation of the System, connection to the CMC, or any other Service(s). All outstanding Installation Charges and/or Fees shall be
due and payable upon competion of the installation of the Equipment/System and as a precondition to activation of System and, if applicable, connection to Tyco’s Central Monitoring Center (“CMC”)
or any other Service(s). Any changes in the STATEMENT OF WORK / SCHEDULE OF PROTECTION made by the Customer after execution of this Agreement must be agreed to by Tyco and the
Customer in writing and may be subject to additional charges and/or fees. Any equipment ordered by Customer by e-mail or telephone order shall be subject to terms and conditions of the Agreement

and may be subject to shipping, handling, and/or restocking fees. For the Service(s) provided as indicated in this Agreement, Customer agrees to pay Service Charges in the amount of $ 0.00
per annum (the "Annual Service Charge”), payable in advance Quarterly plus applicable state and/or local tax(es) for 5 year(s) (the “Initial Term”) effective from the date such Service is operative
inder this Agreement. Until Customer has paid Tyco the Installation Charge and Fees in ful, Customer grants to Tyco a security interest in the Equipment and all proceeds thereof to secure such
payment. After the Initial Term this Agreement shall automatically renew on a/an Annual basis unless terminated by either party upon written notice at least thirly (30) days prior to the anniversary
date. Tyco shail have the right to increase Annual Service Charge(s) after one (1 } year. For termination prior to the end of the Initial Term, Customer agrees to pay, in addition to any outstanding Fees
and charges for Service(s) rendered prior to termination, 90% of the Annual Service Charge(s) remaining to be paid for the unexpired term of the Agreement as liquidated damages but not as a
penalty. Additionally, Customer agrees to pay any assessments, taxes, fees or charges imposed by any governmental body, telephone, communication, or signal transmission company such as false
alarm, permitting or connection fees, or administration fees or service charges assessed by Tyco related to AHJ requirements and/or changes to applicable laws, the need to reprogram alarm
conirols/devices to comply with area code, signal transmission, numbering or other changes relating to the installed Equipment and/or Service(s) provided under this Agreement ( Fees”).

fl. ENTIRE AGREEMENT; CUSTOMER ACCEPTANCE: This Agreement, together with all of its written Amendments, Riders, Scope of Work and/or Exhibits, constitutes the entire agreement
between the Customer and Tyco relating to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements and understandings. The terms and conditions of this
Agreement will prevail over any conflicting, inconsistent or additional terms and/or conditions contained in any purchase order, agreement, or other document issued by Customer. In signing this
Agreement, Customer is not relying on any advice, advertisements, or oral representations of Tyco and agrees to be bound to the terms and conditions contained in ail the pages of the Agreement.
Customer agrees that any representation, promise, condition, inducement or warranty, express or Implied, not included in this Agreement will not be binding upon Tyco, and that the terms and
conditions in this Agreement apply as printed without alteration or qualification, except as specifically modified by a written agreement signed by Tyco and Customer. Any changes in the Statement of
Work or scope of the work requested by the Customer afier the execution of this Agreement may result in additional cost to the Customer and any such changes/additions must be authorized in a
writing signed by both the Customer and Tyco. Customer's failure to accept and sign this Agreement within ninety (90) days of the date shown above may result in price increases. Customer
acknowledges that: (a) Tyco has explained the full range of protection, equipment, and services available to Customer; (b) additional protection aver and above that provided herein is available and
may be obtained from Tyco at an additional cost to the Customer; (c) Customer desires and has contracted for only the Equipment and/or Service(s) itemized in this Agreement; (d) the
Equipment/Service(s) specified in this Agreement ate for Customer's own use and not for the benefit of any third party; (e) Customer owns the premises in which the Equipment is being installed or
has the authority to engage Tyce to carry out the installation in the premises; and (f) Customer will comply with all laws, codes and regulations pertaining to the use of the Equipment/Service(s),

ATTENTION IS DIRECTED TO THE WARRANTY, LIMIT OF LIABILITY AND OTHER CONDITIONS CONTAINED IN THE SECTIONS ENTITLED “TERMS AND CONDITIONS” AND
“ADDITIONAL TERMS AND CONDITIONS”, THIS AGREEMENT REQUIRES FINAL APPROVAL OF A TYCO AUTHORIZED MANAGER BEFORE ANY EQUIPMENT/SERVICES MAY BE
PROVIDED. IF APPROVAL iS DENIED, THIS AGREEMENT WILL BE TERMINATED AND TYCO'S ONLY OBLIGATION TO CUSTOMER WILL BE TO NOTIFY CUSTOMER OF SUCH
TERMINATION AND REFUND ANY AMOUNTS PAID IN ADVANCE.

IF MAINTENANCE SERVICE IS DECLINED, CUSTOMER MUST INITIAL IF A 5-DAY FAMILIARIZATION PERIOD IS REQUESTED, CUSTOMER MUST INITIAL

HERE HERE
TYGO INTEGRATED SECURITY LLC CUSTOMER:
Presented by: Accepted By:

(Signature df Tyco Sales Representative) {Signature of Customer’s Authorized Representative)

Sales Agent: Tyler Devoe
Sales Representative Registration Number (if applicable):

(Name Printed)

Title:

Date Signed:

e-Form 8880UE01 (09/2015} Page 1 of 6
© 2015 Tyco. All Rights Reserved

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Finance Committee - Agenda - 1/4/2017 - P4

Finance Committee - Agenda - 1/4/2017 - P5

By dnadmin on Mon, 11/07/2022 - 10:29
Document Date
Wed, 01/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/04/2017 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__010420…

tyca

ice on cow pram ntrey ml ip ges ee op
infegrated Security

COMMERCIAL SALES AGREEMENT TOWN NO. CUSTOMER NO. JOB NO. PONO. ESTIMATE NO,
0069-MANCHESTER, 4-289RQYM
NH

SCOPE OF WORK / SCHEDULE OF PROTECTION

VV. SCOPE OF WORK / SCHEDULE OF PROTECTION (“SOW”): Tyco agrees to install or cause to be installed the Equipment and furnish the Service(s), collectively, the System, on the temis
and conditions set out in this Agreement.

A. Ownership of System and/or Equipment: Direct Sale (equinment to become property of the Customer upon payment of Installation Charges and Fees in full).

B. Services to be Provided (“Services”)

Alarm monitoring and Notification Services: No Service Selected
Video Surveillance Services: No Service Selected
Managed Access Control Services: No Service Selected
Video Equipment: No Service Selected
Quality Service Plan(QSP)Maintenance; Preventive Maintenance/Inspection: No Service Selected
Additional Services: Access Control

C. — Equipment fo be Installed (“Equipment”): Tyco will instal, or cause to be installed, the Equipment (or equivalent}, as set forth in this SOW in Customer's designated facility(ies). As used
herein, “installation” means: (|) affixing all Equipment and materials provided by Tyco at such locations within the facility(ies) as are designated by Customer; (li) providing and pulling
cablesiwires required to connect the Equipment to Customer's Communications Facilities and making such connections; (iif), in the case of a Digital Communicator installation, mount
Equipment and plug into RJ31X phone jack previously installed by Customer; (iv) in the case of radio installation, mount radio Equipment and program Equipment with number furnished by
Customer, (v) providing and installing software/firmware required by the Equipment (vi) performing testing as required to establish that the Tyco Equipment is connected, is functioning
according to its specifications, and is cornmunicating over Customer's Communications Facilities: and (vii) providing user-level training to Customer’s designated representative in the use of
such Equipment.

Qty | Product Name Location

as

Locksmith

~~

4-Door Controller, IP Ready, Accessory Kit, Metal Cabinet w/ Leck
1 | Transformer for KT-400, wire-in, 120 VAC/16.5 VAC (75 VA), UL approved
3 | Surface Screw Mount Magnetic Contact with leads, SPST Switch (Form A), Gray

3 | ProxPro Wiegand, Gray, Keypad, 26 bit keypad output
3 1 T-REX PIEZO NO LOGO, WHITE

D. Scope of Work: This Section is intended for installation use only. Any language contained in this Section that attempts to madify the Terms and Conditions of this Agreement shall be void and
of no effect.

Contact information: Please contact Nick Miseirvitch at (603) 589-3305 or at MiseirvitchN@nashuanh gov

System Operation: Tyco integrated Security shall: A. Install (1) Kantech KT-400 contra! panel in the basement IT room. The KT-400 will be tied into the local area network and will be accessible via
Entrapass software from City Hall. The Door Sirikes will be powered by the on-board power supply. B. Add (3) Doors of Access Control to the system which will include a combination card reader
and keypad, door status contact and request to exit motion detector 1. Main Entry Inner Door 2. Main Entry Outer Door 2. Engine Bay to Office Door C. Program system D. Train end-user on basic
use of the system after installation

Programming Info: Door schedules to be determined by City of Nashua

Site Conditions: Existing site

Existing Equipment: N/A

Customer Expectations: Installation shall take place Monday - Friday between 8am and 5pm

Training Expectations: Tyco technician shail train end-user on basic use of the system after installation

General Camments: N/A

Customer Responsibilities / Tyco Exclusions: City of Nashua is responsible for the following: 1. Provide access to all areas required for installation Monday - Friday between 8am and 5pm 2. Provide
(1) 120V electrical connection for the Kantech KT-400 control panel 3. Provide network connection for the Kantech KT-400 control panel 4. Be available for end-user training with the Tyco technician

at the end of the installation
Documentation Needs: N/A

Contract Notes -

e-Form 8880UE01 (09/2015) Page 2 of 6
© 2015 Tyco. All Rights Reserved

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Finance Committee - Agenda - 1/4/2017 - P5

Finance Committee - Agenda - 1/4/2017 - P6

By dnadmin on Mon, 11/07/2022 - 10:29
Document Date
Wed, 01/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/04/2017 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__010420…

TERMS AND CONDITIONS

Po a nen at te een i eet tne de

. TERMS AND CONDITIONS

V.Customer and Tyco agree as follows:

A Services.
\4.Central Station Signal Receiving and Notification (Alarm Monitoring) Services. intentionally left blank - Services have not been purchased.

‘A.2.Communication Facilities. Intentionally left blank - Alarm Monitoring Services have not been purchased. |

AS. Maintenance Service/Quality Service Plan ("QSP"). Intentionally left blank - Services have not been purchased.

t
‘AA. Testing/inspections Service (‘T/I'). Intentionally left blank - Services have not been purchased.

A Investigator Respo

Service. Intentionally left blank - Services have not been purchased.

AS. Select View Managed Video Services/Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased.
AGA Video/Audio Alarm Verification Service/Video Verification. Intentionally left blank - Services have not been purchased.

“AB 2.Video Guard Tour. Intentionally left blank - Services have not been purchased.

"A6.3.Video Escort. Intentionally left biank - Services have not been purchased.

'A6.4.Video Assist. Intentionally left blank - Services have not been purchased.

“AB 5.Video Audit. Intentionally left bank - Services have not been purchased.

A6.6.Outdoor Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased.

TAB. Managed Video Portal. Intentionally left blank - Services have not been purchased.

‘A 6.8.Unattended Delivery - Alarm Based Video Monitori

Intentionally left blank - Services have not been purchased,

A6.9,Unatiended Delivery ~ Live Video Monitoring of Process - Intentionally left blank - Services have not been purchased.
A.7. Managed Access Control Services. Intentionally left blank - Services have not been purchased. i
"AB. DataSource Service. intentionally left blank - Services have not been purchased,

A. Vision/Vision with Auditing. Intentionally left blank - Service is no longer offered.

A.10. Hosted Access. intentionally left blank - Services have not been purchased,

“AM. Data Hosting/Storage Services, intentionally left blank - Services have not been purchased.

'A12. Mobile Security Management (‘MSM’) Services. Intentionally left blank - Services have not been purchased.

13. Software Support Services. If Software Support Services (‘SSS’) are purchased they will be provided on licensed software titles expressly identified in this agreement, (the “Covered
, Software’). Support Conditions. SSS for Covered Software are subject to the following conditions (“Support Conditions”): (a) Tyco’s receipt of the Software Support Fee; (b) the Covered
: Software is not modified from its standard form originally licensed by the sofiware owner/licensor ("Licensor’); (c) Customer's use of Covered Software is in accordance with the end user
license agreement (‘EULA’) between Customer and Licensor; if applicable; (d) Customer provides Tyco (and/or its authorized representatives) with and when necessary (1) any information
_ and/or documentation required ta recreate the problem, defect, or non-contormity (individually/collectively, a “Problem’), (2) log in privileges for remote trouble shooting, (3) TCPAP Ethemet
‘Network addresses, and (4) access to Customer's network, servers and/or hardware; and (e) the processor, operating system and associated system software, and other interdependent or
‘reliant sofware are operating properly, Exclusions. Tyco will not provide SS3 when a Problem is caused by (a) relocation, movement, improper operation, neglect or misuse of the Covered
. Soffware or associated Equipment/System; (b) Customer's failure to maintain proper site or environmental conditions; (c) any attempts at configuration, Tepairs, support, or modifications to
the Covered Software not performed by a Tyco authorized representative; {d) discontinued systems or software; (e) casualty, act of God, the unauthorized acts of third parties; (f) failure or
interruption of electrical power, telephane or communication line or like cause, or (g) any other cause external to the Covered Software. Problem Resolution, Tyco will provide Customer with
-@mail and telephone support on the Covered Software. Tyco then will use reasonable commercial efforts to resolve and correct the Problem within forty-eight (48) hours. Problem resolution
and correction may be provided at Tyco’s discretion as a software fix or workaround. Tyco will periodically advise Customer on Tyco’s progress in diagnosing andor correcting the reported
Problem. Customer acknowledges that Tyco may be unable to resolve Problem due to (a) Tyco’s inability to recreate, locate or identify the Problem, (b) issues related to Customer's
system hardware, network or Intemet connectivity issues; or (3) issues for which the Original Equipment Manufacturer (“OEM”) and/or Licensor (collectively, also referred to as an “Tyco
Supplier’) has not provided a resolution or workaround, If Tyco is unable to resolve or correct a Problem, Tyco will notify Customer and provide underlying information as available.
: Notwithstanding anything fo the contrary herein, Tyco makes no warranties that its efforts will be successful in diagnosing, resolving, or correcting any Problem. Software Updates.
Customer understands that the SSS provides access to updates and upgrades but do not include the provision of software update or upgrade services unless purchased. |f software
upgrades are required to correct a Problem, such software upgrades will be provided, at Customer's request, on a time and materials basis at Tyco’s then-current hourly rates as such
_Upgrades become available from the Tyco Supplier. On Site Engineer Support Services. If Tyco determines that on-site engineer support services ("ESS") are necessary to correct a
Problem, Tyco will provide ESS on a time and materials basis at Tyco’s then current ESS rates plus any related travel or other expenses. Such ESS may include on-site software installation
assistance, training, or Problem diagnosis, resolution, and/or correction. Retum of Defective Media, Customer may Tetum any defective media directly to Tyco using a Tyco furnished retum
authorization number. Fee for Reinstatement. Customer may incur reinstatement charges (‘Reinstatement Fee”) at Tyco’s then current rates, if it allows SSS to lapse and later requests
reinstatement within one year from the time the SSS lapses. Limitation of Liability. Notwithstanding anything in the Agreement to the contrary, Customer acknowledges and agrees that
i neither Tyco nor its Supplier will be responsible for Problems caused by changes in the operating characteristics of the Equipment/System upon which the Covered Software is operating, or
for problems in the interaction of the Covered Software with Customer's Network or existing scftwarelfimware/hardware. inno event will Tyco and/or Tyco Supplier be liable for any (a)
: third party claims; (b) loss or damage to any systems, records or data, or liabilities related to a violation of an individual's privacy tights; or {c) indirect, incidental, special, consequential,
: punitive, reliance, or cover damages {including fost profits and lost savings). Customer further agrees that, in no event will Tyco's and/or Tyco Supplier's aggregate liability regardless of
cause (including, but not limited to, liability for negligence, strict liability, breach of contract, misrepresentation and other contract or tort claims) arising from the provision of or failure to
provide SSS and/or Customer's use of or inability to use any Covered Software or related System, exceed the lesser of USD$1,000 or the total SSS Fees paid by Customer.

: A.14, Lynx Network Duress and Emergency Notification System (‘Lynx System’). Intentionally eft blank — Lynx System/Services have not been purchased.
"M 5. RFID Tracking Systern (‘System’). intentionally left blank ~ RFID Systems have not been purchased.

Md 6, Additional Services. If any other services, including but not limited to the following, are being fumished under this Agreement, Customer and Tyco will enter into a separate Rider that
- Will be attached to and incorporated as part of this Agreement: (a) Select Link - immediate Response Information System (IRIS) (b) Managed Access Control (c} Electronic Article
Surveillance (“EAS”) (d) Guard Response Service (e) Radio Frequency Identification (“RFID”) (f} Training Services {g) Watchman's Reporting Service.

-B. Warranty (90-Day). 1. If the transaction type is “Direct Sale", any part of the System (as distinguished from the Firmware/Software) installed under this Agreement, including the wiring,

_ which proves to be defective in material or workmanship within ninety (90) days of the date of completion of the installation (‘Warranty Period’), will be repaired or replaced, at in Tyco's
option with a new or functionally operative part. Materials required to repair or replace such defective componenis will be fumished atno charge during the Warranty Period. Warranty

_ Services will be furnished during Tyco’s “Normal Working Hours” (between 8:00 A.M. and 4:30 P.M. Monday through Friday, except holidays). Warranty Service performed outside of these

hours is subject to additional charges. 2. For "Tyco-Owned” equipment/systems: (a) the equipment/systems are provided “AS IS” and without warranty; and (b) Customer is responsible to

9-Form 8880UEQ1 (09/2015) Page 3 of 6
© 2015 Tyco. Ali Rights Reserved

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Finance Committee - Agenda - 1/4/2017 - P6

Finance Committee - Agenda - 1/4/2017 - P7

By dnadmin on Mon, 11/07/2022 - 10:29
Document Date
Wed, 01/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/04/2017 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__010420…

maintain such equipment/system in good working order.

3, The following “Conditions” are not covered by Warranty: (a) damage or extra service time needed resulting from accidents, acts of God, lightning, strikes, ricts, floods, terrorism, acts of

: War, alteration, misuse, tampering or abuse, adjustments, repairs or maintenance not performed by Tyco, or from parts, equioment, accessories, attachments or other devices nol furnished

: by Tyco; (b) Customer's failure fo properly follow operating instructions provided by Tyco or OEM: {c) adjustments necessitated by misalignment of video cameras, improper adjustment of

| monitor brightness and contrast tuning dials or insufficient light on the area viewed by the camera(s); (d) trouble due to interruption of Intemet, telecommunications, and/or electrical service;
(e) battery failure; (f) devices designed to fail in protecting the equipment/system, such as, but not limited to, fuses and circuit breakers: and (9) System modifications/customization
equested by Customer. If Customer calls Tyco for Warranty Service and Tyco's representative finds that one of the “Conditions” has led to the inoperability or apparent inoperabliity of the

; Equipment/System or any component, Tyco may bill Customer for the service call whether or not Tyco actually works on the Equipment/System. if repairs are required due to one of the

‘ above "Conditions", Tyco will charge Customer for such work on a time and materials basis at Tyco's then applicable rates for labor and materials.

:4. THE FOREGOING WARRANTY |S IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF

, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES
RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING TYCO'S NEGLIGENCE, 1S REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. TYCO WILL INNO EVENT BE LIABLE
FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO
ROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY TYCO OR NEGLIGENCE OF TYCO oR
THERWISE.

/C. System Requirements, Miscellaneous. 1. Vaults. Customer must ensure that any Customer vault protected by sound or vibration detector systems has the minimum construction

’ characteristics prescribed by the Underwriters’ Laboratories, inc. 2. System Testing. Customer must test all detection devices or other electronic equipment according to procedures

_ prescribed by Tyco prior to setting the alarm system for closed periods and must notify Tyco promptly if such equipment fails to Tespond to any such test. 3. Famitiarization Period.

: UNLESS CUSTOMER HAS REJECTED THE FAMILIARIZATION PERIOD (EXCEPT WHERE A FAMILIARIZATION PERIOD IS REQUIRED BY LAW), CUSTOMER AGREES THAT: (a)
‘DURING A FIVE (5) DAY FAMILIARIZATION PERIOD, OR SUCH PERIOD AS IS REQUIRED BY LAW, AND (b) FOLLOWING COMPLETION OF THE INSTALLATION AND THE

: COMMUNICATIONS CONNECTION TO TYCO’S CMC (AND DURING ANY APPLICABLE EXTENSIONS), TYCO HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY
-ALARM SIGNAL RECEIVED AT THE TYCO CMC FROM CUSTOMER'S PREMISES DURING SUCH FAMILIARIZATION PERIOD. CUSTOMER ALSO AGREES THAT DURING SUCH

: PERIOD TYCO HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, CUSTOMER, OR A PERSON ON CUSTOMER'S EMERGENCY CONTACT LIST, OR TAKE
,ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL TYCO RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. 4. Special Equipment Requirements. if

: Customer sequires installation or service of equipment in areas inaccessible without the use of lifts or cranes, or if non-standard conditions at the Customer site require special equipment
for installation or service, Customer will provide such equipment, or will reimburse Tyco for any applicable charges or fees. 5. Training Services. Tyco provides initial training to Customer
on use of the equipment installed at the time of installation. Thereafter, Customer may purchase additional training in one-hour increments at Tyco’s then current rate. 6. Site Preparation,
. Intrusion and Restoration. Unless otherwise noted herein, Customer is responsible for providing: (a) any necessary electric current, (b) an outlet within 10 feet of an alarm contro! panel, (c)
, telephone connections, (d) network drops, and (e) any required conduit, wiremold, or other raceway, (f} any required IP address assignments, and (9) additional network software licensing.
' The installation of the equipment/system may necessarily require cutting, balfing or fastening into Customer's floors, walls and/or ceilings. Tyco shall not be responsible for any expenses

_ Felated to intrusion, mold, fungi, bacteria, wet/dry rot, patching, floor or wall finishing, or paint, tle, carpet or wallpaper matching, restoration or replacement Tesulting from installation or
service of the equipmentisystem. 7. Battery Powered Devices. Customer understands that any battery-powered motion detectors, smoke detectors, door and window coniact transmitters
‘and other detection sensors installec/serviced under this Agreement require batteries to operate. THESE BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE
_ ALARM WILL NOT SOUND, IF THE BATTERY ENERGY LEVEL OR CHARGE |S LOW, OR DEPLETED. ttis Customer's sole responsibility to maintain and replace any batteries.

: Customer shall carefully read and follow the owner's manual, instructions and warnings for all such equipment and regularly inspect the sensors for dirt and dust buildup and test the

_ sensors weekly to help maintain continued operation.

7.Closed Circuit Television ("CCTV"YVideo Equipment. Intentionally left blank - no CCTV/Video Equipment has been purchased.

8. New York City Fire System. Intentionally left blank. covered system is not installed in NYC

). Electronic Media; Personal Information; Consent to Call, Text or Email. 1.Electronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an
; Glectronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from such an elactronic format will be legally
binding upon the parties and equivalent to the original for all purposes, including litigation. Tyco may rely upon Customer's assent to the terms and conditions of this Agreement, if Customer
has signed this Agreement or has demonstrated its intent fo be bound whather by electronic signature or otherwise. 2. Personal Information. Customer represents and warrants that
| Customer has obtained all consents and has the right to (a) disclose to Tyco all personal information disclosed hereunder concerning individuals/employees/or other third parties including
: ail information contained in Customer's Emergency Cail List (‘ECL’); (b) permit Tyco to collect {including consent to record telephone conversations with Tyco), use, disclose and transfer
such personal information; and (c) expressly authorizes Tyco to use such personal information to administer the relationship and the agreement between Customer and Tyco, including, but
‘not limited to, contacting Customer personnel at the telephone numbers and/or email addresses provided: (I) using SMS, text, prerecorded messages, or automated calling devices to
: deliver messages to set/confirm a service/installation appointment; and/or (fi) to provide information or offers about products and services of interest fo Customer. Customer acknowledges
: and agrees that Tyco may share all such information with its parents, subsidiaries, affiliates and its/their successor corporations or any subcontractor or assignee, within and outside the
: Country in which the Customer is located and thereby subject such information to the laws of such countries.

_E, Limitation of Liability, indemnification (Sale of Access/Video Equipment and installation Only). Notwithstanding anything to the contrary in this Agreement or any purchasing document
' presented by Customer, only Video and/or Access Equipment and Services shall be provided by Tyco under the terms and conditions of this Agreement. The Equipment and Services
provided by Tyco under this Agreement will not include: (a) burglar and/or fire detection or alarm equipment or monitoring, maintenance, inspection or other services; (b) security guard

: services; or (c) architectural, engineering, or design professional services, If any other equipment or services are requested by or provided to Customer, then such equipment and/or

: services shall be provided under a separate written agreement executed by Customer and Tyco which shall contain the alarm industry specific terms and conditions found on
“www.tycois.com/standardtande.

1.[ndemnity. {a) Tyco shali defend, indemnify and hold Customer, its corporate affiliates, and their respective officers, directors, agents and employees harmless from damage, liability and

" expense resulting from the negligent acts or wiiiful misconduct of Tyco's agents and employees committed while performing Services on Customer's premises, to the extent that they are the
. direct cause of the loss, damage or injury to third parties or Customer's property (e.g., equipment dislodging and striking a third party due to improper installation), as opposed to being

_ caused by an occurrence or the consequences therefrom that the Equipment or Services were intended to deter, detect or avert. (b) Customer shall defend, indemnify and hold Tyco, its

‘ affiliates, and their respective officers, directors, agents and employees, harmless from damage, liability and expense to the extent that any such loss Is not directly caused by the negligent
acts or willful misconduct of Tyco’s agents and/or employees, or arises out of any claim related to invasion of privacy, infliction of emotional distress, harassment, violation of

_ eavesdroppingAwiretapping laws or similar claims arising out of Customer's use of the Equipment and/or Services.

: 2. Limitations on Liability. If Customer uses the Equipment and/or Services fo aid in monitoring or controlling the location or activities of persons on or about its property and premises,

_ Customer acknowledges that the Equipment and/or Services ate not intended to be the sole means for doing so. Tyco’s Equipment and Services do not cause and cannot eliminate

_ occurrences of the events they are intended to deter, detect, avert or record, Tyco is not an insurer of the safety or security of any person, entity or property, or against the risks attendant to
"a person's presence in, or ingress to or egress from any building, property or area that may be monitored by the Equipment and/or Services. The amounts Tyco charges Customer are not
insurance premiums. Such charges are based upon the value of the Equipment and Services provided and are unrelated to any such risk ofioss. Tyco does not undertake and assumes
/no liability for such risk by providing the Equipment and/or Services. If Tyco is nevertheless found liable under any legal theory for loss, damage or injury caused directly or indirectly by
occurences or the consequences therefrom which the Equipment and/or Services are intended to deter, detect, avert or record, Tyco's llability shall be limited to the sums paid by

: Customer for the Equipment or Services at issue as Customers sole remedy. Tyco is not responsible for the preservation of any computer programs or data and Customer is responsible

for maintaining adequate back-ups.

’, Other Charges; Remedies; Termination. 1.There may be a service charge to Customer for cancelled installation/service appointments if Customer cancels less than 24-hours pricr to
dispatch, or if Tyco’s representative is sent to the Customer's premises in response fo a service call for false alarm or System malfunction caused by Customer's operation contrary to
‘instructions, failure to close or properly secure a window, door or other protected point, or improper adjustment of monitors or accessory components. 2.Failure to pay amounts when due
Shall give Tyco, in addition to any other available remedies, the right to terminate this Agreement and to charge interest at the highest legal rate on delinquent amounts. Customer agrees to
: pay all costs, expenses and fees of Tyco’s enforcement of this Agreement, including collection expenses, court costs, and attorneys’ fees. Installation Charge(s) are based on Tyco
: performing the installation with its own personnel. If for any reason installation must be performed by outside contractors, Installation Charge(s) may be subject to revision. 3.In addition to

e-Form 8880UE01 (09/2015) Page 4 of 6
© 2015 Tyco, All Rights Reserved

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Finance Committee
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Meeting Date
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: any other remedies available to Tyco, Tyco may terminate this Agreement and discontinue any Service(s) if (a) Tyco's CMC is substantially damaged by fire or catastrophe or if Tyco is
unable to obtain any connections or privileges required to transmit signals between the Customer's premises, Tyco's CMC or the Municipal Fire or Police Department or other first
responder; (b) Customer fails to follow Tyco’s recommendations for the repair or replacement of defective parts of the System not covered under the Warranty or QSP Service; (c)
: Customer's failure to follow the operating instructions provided by Tyco results in an undue number of false alarms or System malfunction: (d) in Tyco’s sole opinion, the premises in which
ithe System is installed are unsafe, unsuitable, or so modified or altered after installation as to render continuation of Service(s) impractical or impossible; (e)} Tyco is unable to obtain or
continue to support technologies, TeleCom Services, Communication Facilities, Equipment or component parts thereof that are discontinued, become obsolete or are otherwise not
“commercially available; or (f) Customer fails to make payments when due or otherwise breaches this Agreement. Tyco will not be liable for any damages or subject fo any penalty as a
result of any such termination.

_G. Hazardous Materials. For all projects except those involving new construction, Customer represents and warrants that to the best of Customer's knowledge the work site is free of any
hazardous materials. The term “hazardous materials” includes but is not be limited to asbestos, asbestos-contalning material, polychlorinated biphenyl (PCB’), formaldehyde or other

; potentially toxic or otherwise hazardous material. if any such substance is discovered on the work site, Tyco will not be required to install or service the Equipment at such site unless and
-until Customer certifies the removal or safe containment of such hazardous materials, Customer shall indemnify, defend, and hold Tyco, its officers, directors, agents, and vendors harmless
; from any damages, claims, injuries, liabilities resulting from the exposure of Tyco’s employees, contractors, or subcontractors to hazardous materials at the work site; provided, however,
‘that the foregoing provision will not apply when it has been determined that such hazardous materials were brought to the work site by Tyco.

‘

_H, Waivers. 1.Waiver of Jury Trial. CUSTOMER AND TYCO BOTH AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR INANY |
MANNER CONNECTED WITH OR RELATED TO THIS AGREEMENT, 2, Mutual SAFETY Act Waiver. Ceriain of Tyco’s systems and services have received Certification and/or

: Designation as Qualified Anti-Terrorism Technologies (‘QATT”) under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the "SAFETY Act’).
_ As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Tyco and Customer hereby agree to waive their right to make any claims against the other for any losses,
‘including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an "Act of Terrorism” as defined in 6 C.F.R, 25.2,
-when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism.

iL Miscellaneous. 1.Enforceability. If any of the provisions of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect,
_ 2.Paragraph and Section Headings; Captions; Counterparts. The headings and captions contained in this Agreement are inserted for convenience or Teference only, and are not to be
"deemed part of or to be used in construing this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such

: Separate counterparts shall together constitute but one and the same agreement. 3. FARs. Tyco supplies “commercial items” within the meaning of the Federal Acquisition Regulation

: (FAR), 48 CFR Parts 1-53. As to any customer order for a U.S. govemment contract or funded directly or indirectly with Federal funds, Tyco will comply only with the following mandatory

: flow-downs for commercial item subcontracts pertaining to Utilization of Small Business Concems, Equal Opportunity, Affirmative Action, and Veterans Employment; 52.219-8; 52,222.26:

: 92.222-35; 52.222-36; and 52.222-37. 4. Export Control. Customer shall not export or re-export, directly or indirectly, any: (i) product or service provided under this Agreement; (ii) technical
: data; (iil) software; (iv) information; or (v) items acquired under this Agreement to any country for which the United States Govemment (or any agency thereof) requires an export license or
_ other approval without first abtaining any licenses, consents or permits that may be required under the applicable laws of the U.S. or other foreign jurisdictions, including the Export

; Administration Act and Regulations and shall incorporate in all export shipping documents the applicable destination control statements. Customer shall. at its own expense, defend,
indemnify and save Tyco harmless from and against all third party claims, liability, loss or damage (including attomeys' fees and other defense costs), assessed against or suffered by Tyco
:as a result of an allegation or claim of noncompliance by Customer with this Section, The obligations contained in this Section shall survive the termination or expiration of this Agreement.
:SJnsurance. Tyco maintains comprehensive General Liability and Automobile Liability Insurance in amounts that meet or exceed: $1,000,000 per incident - $2,000,000 in the aggregate
_and Worker's Compensation coverage as required by law. Tyco will not be required to provide a waiver of subrogation in favor of any party, nor will Tyco be required to designate any party
, as a statutory employer for any purposes. 6. Tyco Brand. Without exception, Tyco-branded Signage, including yard signs, window stickers and warning signs will remain the property of

: Tyco and may be removed by Tyco at any time. Customer's right to display Tyco-branded Signage is not transferable and ceases upon termination or expiration of this Agreement.

: 7 Resale. if Tyco is connecting to a previously installed existing system, to the extent the previously installed existing system is Customer’s properly, it shall remain Customer's property.

_J. System Software; Network Connections. 1. Any software provided with the System or in connection with the Services is proprietary to Tyco and/or Tyco’s supplier(s} and is licensed or

: sublicensed to Customer on a non-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties, (b) duplicate, reproduce, or copy all or any part of the
Software, or (c) use the Software on equipment other than with the designated System with which it was furnished. A separate Software License Agreement or End User License
Agreement between Tyco and Customer and/or the software publisher may be required to use the software and/or obtain updates/upgrades. if the installed Equipment is to be connected to

_ Customer's computer network (“Network’), Tyco will furnish and install the software needed to run the Equipment and will connect the Equipment to the Network according to the Network

settings supplied by Customer. Installation shall not include modifications to the Network, security, or firewall settings. Customer will supply a TCP/IP Ethernet network address and central

- processing unit per Tyco specifications for access control system operation. Tyco shail not be responsible for the setup, operation, or maintenance of the Network or Network performance

‘or compatibility issues. Tyco may assess additional charges, if Tyco is unable to connect to the Network or if any additional Equipment is required to facilitate connectivity between the

‘ Network and the Equipment. 2. Open Source Software. Tyco represents and warrants to the end user of the System that, to the extent the System includes any Open Source Software, the
intemal use and operation of the System by the end user will not create any obligation on the part of the end user under the terms of any Open Source License (i) to make any source code

: OF abject code available to third parties, or (ji) to license, disclose or otherwise make available to third parties any proprietary software, data or other information, or any associated

_ intellectual property. As used herein, the term “Open Source Software” means any software, program, module, code, library, database, driver or similar component (or portion thereof) that is
royalty free, proprietary software, the use of which requires any contractual obligations by the user such as, withaut limitation, that software that is subject fo, distributed, transmitted,

licensed or otherwise made available under any of the following licenses: GNU General Public License, GNU Library or “Lesser” Public License, Berkeley Software Distribution (BSD)

license (including Free BSD and BSD-style licenses), MIT license, Mozitia Public License, IBM Public License, Apache Software License, Artistic license (eg., PERL), Sun Industry

tandards Source License, Sun Community Source License (SCSL), Intel Open Source License, Apple Public Source License, or any substantially similar license, or any license that has

| been approved by the Open Source Initiative, Free Software Foundation or similar group (collectively, “Open Source Licenses’).

K. Force Majeure. TYCO ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE SYSTEM OR ANY EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM,
HOWEVER CAUSED, OR FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, TERRORISM, ACTS OF GOD,
“ACTS OF WAR, OR ANY CAUSES BEYOND THE CONTROL OF TYCO. TYCO WILL NOT BE REQUIRED TO SUPPLY SERVICE TO CUSTOMER WHILE INTERRUPTION OF

| SERVICE DUE TO ANY SUCH CAUSE CONTINUES. IN NO EVENT WILL TYCO BE LIABLE FOR LOSS OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

L, Assignment. This Agreement is not assignable by the Customer except upon written consent of Tyco first being obtained. Tyco shall have the right to assign this Agreement or to
‘ subcontract any of its obligations under this Agreement withaut notice to Customer.

_M. Tyco License Information: AL 2014/1-1498 1499, 1500,1501,1502,1542,594,595 The Securify Industry is governed by the rules and regulations of the Alabama Electronic Security

: Board of Licensure. If you would like information on these rules and regulations or would like to register a complaint you can contact the Board at AESBL 7956 Vaughn Rd., Montgomery

"36116, (334) 264-9388 Fax: 334-264-9332 AK 38381 , 5430 Fairbanks Street, Suite 8 Anchorage, AK 99507 AR 0030740116, 003587, Regulated by Arkansas Bd. of Private Investigators
& Private Security Agencies, #1 State Police Plaza Dr., Little Rock 72209, (501) 618-8600 AZ ROC261489 CA ACO7207, 977249; alarm company operators are licensed and regulated by
the Bureau of Security & Investigatlve Services, Dept. of Consumer Affairs, Sacramento, CA 95814 DC. ECS1327 FL £F20000413, EF 20000890, EF20000341,EF0000478 GA LVA002833,

_ LVA205388, LVA204776, LVA205526, LVU001 160, LVU004635 HI CT-32427 IL 127001526 MA 45-C Mi 3601206461, 5103373, 6080 Torrey Rd. Suite F Flint, MI 48504; MN TS651063

| MS 15024088 NC 846-CSA, 4901 Glenwood Ave., Suite 200, Raleigh, NC 27612, (919) 788-5320 NM 375283 NV 0077542 NY 12000305846, Licensed by NYS Dept. of State OH

: E16782, 50-18-1052, 50-25-1050, 50-29-0003, 50-48-1032, 50-57-1119, 53-31-1582 OK 67 OR CLE322, 197010: PA Pennsylvania Home Improvement Contractor Registration Number;

, PAQ10083 RI 18004, TSC.2726, AF-09170 TN C-1704,-1705,-1706,-1707,-1708,-1 708,-1710,-1711 TX B00536, 4200 Buckingham Road Ste 150, Ft. Worth, TX 76115 — Dept of Public
Safety, Private Security 5805 N. Lamar Blvd, Austin 78752 UT 8390557-6501 VA 11-7587, 11-7580, 11-7575, 11-7591 _ 14-7589, 11-7578, 2705147765A WA TYCOIS88600, 11824 N
Creek Pkwy. #105, Bothell, WA 98011 WV 050291.
Mississippi: MS 15024088

‘The foregoing list shows only those license numbers Tyco Integrated Security LLC ("TycolS’) is required by law fo include on marketing materials. A comprehensive list of licenses held by
‘ycolS is available on www.tycais.com (Legal). Califomia Customers Only: Upon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the

_ Purchaser in the proper use of the alarm system. Failure by the licensee, without legal excuse, to substanfially commence work within 20 days from the approximate date specified in the

agreement when the work will begin is a violation of the Alarm Company Act.

©2015 TYCO. All rights reserved.

e-Form 8880UE01 (09/2015) Page 5 of 6
© 2015 Tyco. All Rights Reserved

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Finance Committee - Agenda - 1/4/2017 - P8

Finance Committee - Agenda - 1/4/2017 - P9

By dnadmin on Mon, 11/07/2022 - 10:29
Document Date
Wed, 01/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/04/2017 - 00:00
Page Number
9
Image URL
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(mee ae

security

COMMERCIAL SALES AGREEMENT TOWN NO, CUSTOMER NO. JOB NO, PONO. ESTIMATE NO.
0069-MANCHESTER, 1-289RQYM
NH

ADDITIONAL TERMS AND CONDITIONS
DATE: 12/8/2016

Tyco Integrated Security LLC (“Tyco”) City of Nashua
dibla:
Tyler Devoe (‘Customer’)
35 Progress Avenue, Customer Billing Information Customer Premises Serviced
Nashua, NH 03062-1923 177 Lake Street, 177 Lake Street,
Tele. No. (787) 749-7703 Nashua, NH 03060 Nashua, NH 03060
Attn: Nick Miseirvitch Atin: Nick Miseirvitch
Tele. No, Tele. No, (603) 589-3305

Notwithstanding anything in the Agreement to the contrary, Tyco and Customer agree as follows:

All other terms and conditions of the Agreement, except those expressly modified herein, shall remain in full force and effect.

TYCO INTEGRATED SECURITY LLC CUSTOMER:

Presented by: q V7 VQVe Accepted By:
(Signattire of Tyco Sales Reptesentative) {Signature of Customer's Authorized Representative}
Sales Agent: Tyler Devoe
Sales Representative Registration Number {if applicable): (Name Printed)
Title:
Date Signed:

Page 6 of 6

e-Form 8880UE01 (09/2015)
© 2015 Tyco. All Rights Reserved

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Finance Committee - Agenda - 1/4/2017 - P10

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Document Date
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Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
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Page Number
10
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# eae ey gs ying, oh & Eo Pp Sasa
Integrated Seeurity

a

COMMERCIAL SALES AGREEMENT TOWN NO. CUSTOMER NO. JOB NO. PONO. — ESTIMATE NO.
0069-MANCHESTER, 1-21ISW9JI
NH

DATE: 12/8/2016

Tyco Integrated Security LLC (“Tyco”) City of Nashua
dibfa:
Tyler Devoe (‘Customer’)
35 Progress Avenue, Customer Billing Information Customer Premises Serviced
Nashua, NH 03062-1923 70 E Hollis St, 70 E Hollis St,
Tele. No. (787) 749-7703 Nashua, NH 03060 Nashua, NH 03060
Attn: Nick Miseirvitch Attn: Nick Miseirvitch
Tele. No. Tele. No. (603) 589-3305

This Commercial Sales Agreement is between Customer and Tyco effective as of the date signed by Customer. By entering into this Agreement, Tyco and Customer agree fo the Terms
and Conditions contained in this Agreement. The Equipment and/or Services, collectively the System(s) covered under this Agreement is/are listed in the attached Schedule(s) of
Protection / Scope of Work (“SOW”).

l. THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AGREEMENT AND ARE INCORPORATED BY REFERENCE:

(a) Hazardous Substance Checklist and Customer Letter (e) State Specific Forms, if applicable (e.g., local permit applications)
(b) Scope of Work / Schedule(s) of Protection () — Customer Installation Acceptance Form (specific to Equipment/Services purchased)
(c) Terms and Conditions g) !f multiple locations, see attached schedule

(d) Additional Terms and Conditions

I, GHARGES AND FEES: Customer agrees to pay the Sum of $ 13,028.83 (“installation Charge’) with $0.00 payable upon acceptance of this Agreement (“Installation Charge
Deposit’) plus any applicable “Fees” and sales taxes. Tyco may invoice Customer for progress bilings based upon Equipment and/or System componenis delivered or stored, and/or Services
performed before completion of the System/Equipment installation, activation of the System, connection to the CMC, or any other Service(s). All outstanding Installation Charges and/or Fees shall be
due and payable upon completion of the installation of the Equipment/System and as a precondition to activation of System and, if applicabfe, connection to Tyco’s Central Monitoring Centar (‘CMC’)
or any other Setvice(s). Any changes in the STATEMENT OF WORK / SCHEDULE OF PROTECTION made by the Customer after execution of this Agreement must be agreed to by Tyco and the
Customer in writing and may be subject to additional charges and/or fees. Any equipment ordered by Customer by e-mail or telephone order shall be subject to terms and conditions of the Agreement

and may be subject to shipping, handling, and/or restocking fees. For the Service(s) provided as indicated in this Agreement, Customer agrees fo pay Service Charges in the amount of $0.00
per annum (the “Annual Service Charge”), payable in advance Quarterly plus applicable state and/or local tax(es) for 5 year(s) (the “Initial Term’) effective from the date such Service is operative
inder this Agreement. Until Customer has paid Tyco the Installation Charge and Fees in full, Customer grants to Tyco a security interest in the Equipment and all proceeds thereof to secure such
payment. After the Initial Term this Agreement shall automatically renew on a/an Annual basis unless terminated by either party upon written notice at least thirty (30) days prior to the anniversary
date. Tyco shall have the right to increase Annual Service Charge(s) after one (1) year. For termination prior to the end of the Initial Term, Customer agreas to pay, in addition to any outstanding Fees
and charges for Service(s) rendered prior to termination, 90% of the Annual Service Charge(s) remaining to be paid for the unexpired term of the Agreement as liquidated damages but not as a
penalty. Additionally, Customer agrees to pay any assessments, taxes, fees or charges imposed by any governmental body, telephone, communication, or signal transmission company such as false
alarm, permitting or connection fees, or administration fees or service charges assessed by Tyco related to AHJ requirements and/or changes to applicable laws, the need to Teprogram alarm
controls/devices to comply with area code, signal transmission, numbering or other changes relating to the installed Equipment and/or Service(s) provided under this Agreement (“Fees”).

I. ENTIRE AGREEMENT; CUSTOMER ACCEPTANCE: This Agreement, together with all of its written Amendments, Riders, Scope of Work and/or Exhibits, constitutes the entire agreement
between the Customer and Tyco relating to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements and understandings. The terms and conditions of this
Agreement will prevail over any conflicting, inconsistent or additional terms and/or conditions contained in any purchase order, agreement, or other document issued by Customer. In signing this
Agreement, Customer is not relying on any advice, advertisements, or oral representations of Tyco and agrees to be bound to the terms and conditions contained in all the pages of the Agreement.
Customer agrees that any representation, promise, condition, inducement or warranty, express or implied, not included in this Agreement will not be binding upon Tyco, and that the terms and
conditions in this Agreement apply as printed without alteration or qualification, except as specifically modified by a written agreement signed by Tyco and Customer. Any changes in the Statement of
Work or scope of the work requested by the Customer after the execution of this Agreement may result in additional cost to the Customer and any such changesfadditions must be authorized in a
writing signed by both the Customer and Tyco. Customers failure to accept and sign this Agreement within ninety (90) days of the date shown above may result in price increases. Customer
acknowledges that: (a) Tyco has explained the full range of protection, equipment, and services available to Customer; (b) additional protection over and above that provided herein is available and
may be obtained from Tyco at an additional cost to the Customer; (c) Customer desires and has contracted for only the Equipment and/or Service(s) itemized in this Agreement; (d) the
Equipment/Service(s} specified in this Agreement are for Customer's own use and not for the benefit of any third party; (e) Customer owns the premises in which the Equipment is being installed or
has the authority to engage Tyco to carry out the installation in the premises; and (f) Customer will comply with all laws, codes and regulations pertaining to the use of the Equipment/Service(s),
ATTENTION IS DIRECTED TO THE WARRANTY, LIMIT OF LIABILITY AND OTHER CONDITIONS CONTAINED IN THE SECTIONS ENTITLED ‘T ERMS AND CONDITIONS” AND
“ADDITIONAL TERMS AND CONDITIONS”. THIS AGREEMENT REQUIRES FINAL APPROVAL OF A TYCO AUTHORIZED MANAGER BEFORE ANY EQUIPMENTISERVICES MAY BE
PROVIDED. IF APPROVAL IS DENIED, THIS AGREEMENT WILL BE TERMINATED AND TYCO’S ONLY OBLIGATION TO CUSTOMER WILL BE TO NOTIFY CUSTOMER OF SUCH
TERMINATION AND REFUND ANY AMOUNTS PAID 'N ADVANCE,

IF MAINTENANCE SERVICE IS DECLINED, CUSTOMER MUST INITIAL IF A 5-DAY FAMILIARIZATION PERIOD IS REQUESTED, CUSTOMER MUST INITIAL
HERE HERE
TYCO INTEGRATED SECURITY LLG CUSTOMER:
Presented by: Iw i Le Accepted By:
(Signature of Tyco Sales Representative) (Signature of Customer's Authorized Representative}
Sales Agent: Tyler Devoe
Sales Representative Registration Number (if applicable): (Name Printed)
Title:
Date Signed: __
e-Form 8880UE01 (09/2015) Page 1 of 6

© 2015 Tyco. All Rights Reserved

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Finance Committee - Agenda - 1/4/2017 - P10

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