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25.

26.

27,

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract, together with the
exhibits attached to it, constitutes the entire contract between the City of Nashua and Service
Provider. The parties shall not be bound by or be liable for any statement, representation, promise,
inducement, or understanding of any kind or nature not set forth in this contract. No changes,
amendments, or modifications of any terms or conditions of the contract shall be valid unless
reduced to writing and signed by both parties.

CHOICE OF LAW AND VENUE 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 anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Court—Nashua and not elsewhere.

PCI-DSS: PAYMENT CARD INDUSTRY DATA SECURITY STANDARD Service Provider
is responsible for the security of cardholder data which Service Provider possesses or otherwise
stores, processes, or transmits on behalf of The City of Nashua, Service Provider abides by the rules
and regulations set forth in the PCI-DSS.

Exhibits Page 10 of 13 get

Exhibit B

PRICING FOR PAY-ByY-CELL SERVICES FOR MUNICIPAL PARKING
AS PROVIDED BY PAYBYPHONE TECHNOLOGIES INC.

PRICING:

One Time Setup Fees:

Mobile payment services initial setup (including stock signage) Waived
Initial Integration with T2 Flex Included
Per Transaction Charges:
Transaction Fee (Comprised of convenience fee and payment processing cost):
Fee charged to service end user (the metered parking space user) for each parking payment
transaction processed with the PayByPhone acting as the merchant of record (thus paying credit $0.32

card processing fees).

NOTES:

1.

One time set-up fee includes, but is not limited to configuration, testing and implementation of a

dedicated the City of Nashua account within the PayByPhone system; merchant account integration
and testing; set up and training on reporting, customer service and other elements of the PayByPhone
Service Management Interface, marketing coordination. Setup fees invoiced at contract signing.

In the event that PayByPhone is the only form of payment available to parking end users (i.e. physical

pay stations or meters are removed from parking facilities), the client will be responsible for providing
Service Provider with the contact information of a City of Nashua employee whose responsibilities
include addressing parking facility complaints regarding the physical operations, maintenance, and

other physical issues of the parking facilities.

All fees and charges are payable within 30 days of invoicing.

Exhibits Page 11 of 13

vet

Record of Returns -- Municipal Election -- Nashua, NH -- November 7, 2017 [*} denotes winner{s)
Charter sec. 23: The Board of Aldermen "on the Tues. next following such election...shall canvass the returns and declare the result"

Alderman - 1 elected
Thomas Lopez*
Arthur T. Craffey, Jr.

Moderator - 1 elected
Write-in: Fred Davis, Jr.*

Ward Clerk - 1 elected
William J. Copson*

Selectman - 3 elected
Bernadette Halloran*
Margaret J. Gleneck*
James Dufoe*

Alderman - 1 elected
Ernest Jette*
Don LeBrun

Moderator - 1 elected
Write-in: Jack Kelley*

Ward Clerk - 1 elected
Write-in: Paula Dobens*

Selectman - 3 elected
Write-in: Richard Greene*
Write-in: Frank Clark*
Write-in: Kathy Gates*

Exhibit C

At Will Professional Services Rate Table & Definitions

Senior Architect
Senior Product Manager

Creative Services

ject

/ Developer

Implementation Manager

Consumer

Trainer

Tester

oN ieee

Descriptions

A PayByPhone Architect will lead the definition and implementation of the
product software architectures. They will transform the requirements created by

Senior Architect | the Product Manager into a set of architecture and design documents that can be
used by the rest of the team to create the solution. The PayByPhone Architect is
responsible for matching technologies to the proposed requirements.

A PayByPhone Product Manager specifies market requirements for current and
‘ future products. Working with the Project Manager, software development team,
Senior Product : j j :
Sianie client and client management team, the Product Manager is responsible for
anger

driving a solution across development teams through market requirements,
product contracts and positioning.

Creative Services

The PayByPhone Creative Team will execute highly effective and proven design
concepts, layouts, graphic elements and systems. Our Creative Manager will
plan and arrange signage, stickers, decals and marketing collateral including web
content according to the client’s parking environment, marketing strategies and
objectives, taking into consideration the usability and visibility of each sign.

Project Manager

A PayByPhone Project Manager will create and maintain project plans that
communicate tasks, milestones, status and resource allocation. Making use of
Project Management Lifecycle Methodology, they are ultimately responsible for
project execution. In addition to exercising their knowledge of project
management best practices, the PayByPhone project manager serves as business
liaison, budget manager, customer relations manager, facilitator, negotiator, risk
manager, change agent, task tracker, problem solver and implementer.

Exhibits Page 12 of 13

Exhibit C

At Will Professional Services Rate Table & Definitions (Continued)

CH w ue

Descriptions

Implementation
Manager

Manage / coordinate and implement ALL technical aspects required to set up
the project. Liaise with Parking Operator staff to ensure data is complete and
correct, Coordinate internal development resources and provide updates to
project management and commercial team on timing, dependencies etc.
Manages the pickle process. Provide technical training to client personnel.

Consumer Adoption
Strategist

A PayByPhone Consumer Adoption Strategist will work with the key client
contacts to develop and implement a plan to maximize the client’s goals for
the PayByPhone service. Learning from hundreds of client implementations,
access to the latest data analytics and considerable expertise in mobile and
consumer technology usage are incorporated into an ongoing plan to drive
maximum usage and customer convenience.

Application Trainer

A PayByPhone Applications Trainer wil! design and deliver training programs
for the PayByPhone system. They will also design training course materials
and other documents such as handouts, manuals and exercises. Training is
typically conducted via a web session, either one on one in a train-the-trainer
scenario or in a group setting.

A PayByPhone support agent interacts with client contacts to address inquiries

Support Agent regarding the PayByPhone system, reporting interface, log-ins and general
administration.
The PayByPhone Quality Assurance (QA) testers will thoroughly evaluate,
Puan stress-test and troubleshoot all new code, programs and software. The

PayByPhone QA testers will log and prioritized any issues/bugs found and
work closely with the Software Development team for a resolution.

Exhibits Page 13 of 13

AMENDMENT #1
TO THE CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN PAYBYPHONE TECHNOLOGIES INC. AND THE CITY OF NASHUA

This Amendment #2 (the “Amendment”) is effective April 12, 2021 (the “Amendment Effective Date”)

BETWEEN: PayByPhone Technologies Inc. (“PayByPhone”)
403-1168 Hamilton St.
Vancouver, BC V6B 282

AND: City of Nashua (“City”)
229 Main St.
Nashua, NH 0306-2019

WHEREAS:

A. PayByPhone and City entered into the Contract for Professional Services effective May 14, 2018 (the
“Agreement”);

B. PayByPhone and City wish to extend the term of the Agreement and have agreed to amend the
Agreement as set out herein.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other
good and valuable consideration, PayByPhone and the City agree as follows:

1. Term. Section 9 of the Agreement is hereby deleted in its entirety and replaced with the following:

“9, TERM. This Agreement shall enter into force on the Effective Date and shall remain in force and
effect to and including June 30, 2022 (the “Term”), unless terminated earlier in accordance with this
Agreement.”

2. Force and Effect. Except as set forth in this Amendment, the terms of the Agreement shall continue in
full force and effect.

3. Priority Order. In the event of a conflict between the Agreement and this Amendment, the terms of this
Amendment shall take precedence.

4. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an
original and all of which shall be taken together and deemed to be one instrument. The parties further
agree that a signature transmitted via facsimile shall be deemed original for all purposes hereunder.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized
representatives with effect from the Amendment Effective Date.

City of Nashua PayByPhone Technologies Inc.
Signature: Signature:

Name: Name:

Title: Title:

Page |1

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

April 14, 2021
Memo #21-108

TO: Mayor Donchess
Finance Committee

SUBJECT: Vehicle: Utility Truck in the amount of $67,898 funded from accounts 81500 Vehciles
Please see attached communications from Tim Cummings, Director of Economic Development, dated April

12, 2021 for project specific details related to this purchase. Below please find a summary of the purchase
approval request:

Item: 2021 Chevrolet HD 2500 Pickup Truck with plow and sander
Value: $67,298
Vendor: MacMulkin Chevrolet

Department: 166 Parking
Source Fund: 81500 Vehciles

Ordinance: Pursuant to § 5-84 Special purchase procedures A/(6) Purchases which have
preceded by competitive sealed bidding, where no responsible bidder has
responded.

The Economc Development Division: Parking Department, and the Purchasing Department respectfully
request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: T Cummings
J Graziano

THE CITY OF NASHUA “The Gate City”

Economic Development Division — Parking Department

Office of the Mayor
TO: Kelly Parkinson, Purchasing Manager
FROM: Tim Cummings, Director of Economic Development
DATE: April 12, 2021

SUBJECT: — Purchase of Utility Truck for Nashua Office of Economic Development Parking
Department (Value: $67,898.00)

Background
The City of Nashua solicited Invitation for Bid (IFB1043-111620) in the fall of 2020 in

accordance with the FY21 CERF schedule for the truck purchase for the Parking Department to
replace the older of its two maintenance trucks. The Invitation for Bid was sent out on
September 28", 2020, and, again on October 22, 2020. Only one bid was received from Gervais
Ford. Unfortunately, it did not meet the Parking Department’s specific vehicle

requirements, including a not to exceed height requirement in order to be able to fit onto the
rooftop of the Elm Street Garage deck, which is a necessity for winter plowing operations.

Due to two unsuccessful BID attempts, the Purchasing Manager suggested the Parking
Department contact vendors directly. The Parking Department conducted research

and determined that the only possible truck options to meet the height requirement would be
either a GMC or a Chevrolet.

Through a very thorough process between the Parking Department and the dealership, it was
determined that a Chevy Silverado 2500HD, along with the added weight of the utility body,
spreader, and plow, would meet the necessary height limitation needed to

access the Elm Street Garage rooftop. In turn, this will allow the Parking Department the access
needed to provide both plowing and treatment spreading functions necessary.

Recommendation

The 2021 Chevy Silverado 2500HD 4WD will replace the Parking Department’s current 2005
Silverado Chevy 2500HD and will be used for parking maintenance related activities along with
snow plowing and sand/salt treatment during the winter months. Also included, an

extended bumper-to-bumper warranty for 7 years/75K miles, a truck maintenance plan for 6
years/75K, and a five year maintenance plan on the plow and sander.

This request is consistent with the City Capital Equipment Reserve Fund (CERF) detailed
schedule and with everything included came in under the budgeted amount for this purchase.

The Fleet Manager and this Office recommend the purchase through MacMulkin Chevrolet,
Nashua, NH.

Thank You.
229 Main Street, Suite 234 * Nashua, New Hampshire 03060 « Phone (603) 589-3205

MacMulkin Chevrolet
Paul LaRoche Jr | 603-888-1121 [| paul@thompsonauto.net

City of Nashua

Prepared For: Jill Stansfield
603-438-9596
stansfield)@nashuanh.gov

Vehicle: [Fleet] 2021 Chevrolet Silverado 2500HD (CK20903) 4WD Reg Cab 142” Work Truck

MacMulkin Chevrolet

MacMulkin Chevrolet
Dealership Information

Date March 8th 2021 Request for Quote
2021 Chevrolet HD 2500 Pickup

CM Service Body with Line X

interior Cabinet Lights

E track and Straps

Power Invertor For Batteries

Cab Shield Magnum Rack

4 Corner Strobes

Fisher 2YD Steel Caster Sander

Sander lighis.

Backup Camera Mounted to Sander
Fisher 6'HD2 Plow (yellow)

Add $200 To Go To a 9'HD@ (yellow)
Add $600.00 For HDX Stainless Steel 8'
Add $800.00 For HDX Stainless Steel 9
Rubber Flap On Plow

Timbren Kit installed

Extra Shelving

Weather tech Floor liner

Sander and plow stands

Plow end Sander Syr Maintenance

Truck Maintenance 6Yr/75K Plan
Extended Warranty Bumper to Bumper
TYRITSR Miles

Set of Assist Steps installed
Total

Paul LaRoche Jr | 603-888-1121 | paul@thompsonauto.net

$33,855.00
$10,700.00
§ 550.00
$ 275.00
$ 750.00
$ 985.00
$ 875.00
$ 6,500.00
$ 350.00

$ 400.00
$ 5,900.00

400.00
400.00
300.00
160.00
375.00

an on & os

$ 500.00

$1046.00

$2037.00

$ 960.00
$67 298.00

The truck once up fitted with plow and sander will be able to go into the parking garage ail the way |
am also very confident that with the utility body installed and the truck side plow set up installed the
truck will be able to go in and out in the non winter season as well

Thank You Paul

Paul LaRoche Jr

Gommercial Sales Manager
MacMulkin Chevrolet-Cadillac
Nashua NH 03060
603-562-6741 Cell
paui@thompsonauto.ne