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21,

22.

Contractor's expense, by Independent Contractor to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Independent Contractor, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Independent
Contractor in the performance of its obligations under this contract must be retained by
Independent Contractor for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Independent Contractor shall promptly remit and
deliver the materials, at Independent Contractor's expense, to the City of Nashua. Independent
Contractor shall not use, willingly allow or cause to have such materials used for any purpose
other than the performance of Independent Contractor's obligations under this contract without
the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Independent Contractor expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Independent
Contractor (including those remitted to the City of Nashua by Independent Contractor pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Independent Contractor in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Independent Contractor. The City of Nashua shall have the right to reproduce any
such materials.

Independent Contractor expressly and indefinitely waives all of its rights to bring, including but
not limited to, by way of complaint, interpleader, intervention, or any third party practice, any
claims, demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Independent
Contractor agrees to indemnify, to defend, and to hold harmless the City of Nashua, its
representatives, and employees from any claim or action seeking to impose liability, costs, and
attorney fees incurred as a result of or in connection with any claim, whether rightful or
otherwise, that any material prepared by or supplied to Independent Contractor infringes any
copyright or that any equipment, material, or process (or any part thereof) specified by
Independent Contractor infringes any patent.

Independent Contractor shall have the right, in order to avoid such claims or actions, to substitute
at its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Independent Contractor
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Independent Contractor in writing that the whole of the work was
completed on the date indicated in the notice or provide Independent Contractor with a written
list of work not completed. With respect to work listed by the City of Nashua as incomplete,

GC 9 of 11

City of Nashua

Information Technology Department (603) 589-3300
Administrative Services Division Fax (603) 594-3434
229 Main Street - Nashua, NH 03060

To: Ms. Kelly Parkinson
Purchasing Manager, City of Nashua
229 Main St
Nashua, NH 03061-2019

Date: April, 5, 2022
Re: RiskMaster Upgrade
Ms. Parkinson,

The Information Technology Department needs to upgrade the City’s Risk Management software
from RiskMaster 7.1 — client hosted, to Assure Claims — SaaS hosted (Computer Sciences Corporation
is the vendor for both products).

The reason for the upgrade is due to the following; SQL 2003 server that the operating system
resides on is no longer supported by Microsoft, the XP operating system that the client is installed
on is no longer supported by Microsoft, and the RiskMaster 7.1 version is no longer supported by
the vendor. Please refer to Work Order No.5 (attached) for a detailed cost break down for the
upgrade.

The Information Technology Department recommends the upgrade performed by Computer
Sciences Corporation in the amount of $39,232.00.

Funding though the following accounts: 22.1010 — 53142: $29,512.96, and 122 Information
Technology — Consulting 22.1.500 — 53142: $9,719.04

Sincerely,

Jason Toohey
Project/Development Manager, Information Technology

Cc: Kimberly Kleiner, Director of Administrative Services

23.

24,

25,

26.

Independent Contractor shall promptly complete the work and the final acceptance procedure
shall be repeated. The date of final acceptance of a project by the City of Nashua shall be the date
upon which the Board of Public Works or other designated official accepts and approves the
notice of completion.

TAXES Independent Contractor shall pay all taxes, levies, duties, and assessments of every
nature due in connection with any work performed under the contract and make any and all
payroll deductions required by law. The contract sum and agreed variations to it shall include all
taxes imposed by law. Independent Contractor hereby indemnifies and holds harmless the City of
Nashua from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Independent Contractor shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Independent Contractor warrants that no officer or employee of the City of Nashua has
any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this
contract or in the business of Independent Contractor. If any such interest comes to the attention
of Independent Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Independent Contractor also warrants that it
presently has no interest and that it will not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be performed under
this contract. Independent Contractor further warrants that no person having such an interest shall
be employed in the performance of this contract. If City of Nashua determines that a conflict
exists and was not disclosed to the City of Nashua, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Independent Contractor (or any of its officers, partners, principals, or employees
acting with its authority) is convicted of a crime involving a public official arising out or in
connection with the procurement of work to be done or payments to be made under this contract,
City of Nashua may terminate the contract at will or for cause in accordance with paragraph 8.
Upon termination, Independent Contractor shall refund to the City of Nashua any profits realized
under this contract, and Independent Contractor shall be liable to the City of Nashua for any costs
incurred by the City of Nashua in completing the work described in this contract. At the
discretion of the City of Nashua, these sanctions shall also be applicable to any such conviction
obtained after the expiration or completion of the contract.

Independent Contractor warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Independent Contractor to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending or making of any determinations with respect to the performance of this
contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

GC 10 of 11

28.

29.

30.

31.

32.

. THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent Contractor,

including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any rights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Independent Contractor.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Independent Contractor. 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
patties.

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.

CONFIDENTIALITY The Independent Contractor acknowledges that, while performing services
under this agreement, they will have access to information which is confidential, and the
Independent Contractor will keep this information confidential and will not disclose it to any
other person. This obligation of confidentiality is continuous in nature and does not expire.

GC 11 of 11

S\ THE CITY OF NASHUA “the Gate Cty

Pinancial Services

Purchasing Department

October 27, 2016
Memo #17-063

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF REPLACEMENT POLICE VEHICLES (VALUE: $462,575)
DEPARTMENT: 150 POLICE; FUND: CERF
Please see the nine (9) attached communications from Karen A. Smith, Business Manager dated October

17, 2016 for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be procured through
cooperative intergovernmental purchase agreements with other governmental jurisdictions.

The Nashua Police Department and the Purchasing Department recommend the purchase of these
vehicles and equipment in the amount of $462,575 from M-H-Q Municipal Vehicles of Marlborough,
MA.

Respectfully, ,

an Kooken
Purchasing Manager

Ce: K Smith A Lavoie

229 Main Street « Nashua, New Hampshire 03061 « Phone (603) 589-3330 e Fax (603) 589-3344

NASHUA POLICE

DEPARTMENT Date: 17 October 2016

—

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Intradepartmental Communication

To: Dan Kooken, Purchasing Manger

From: Karen A. Smith, Business Manager

The Nashua Police Department is requesting to purchase two (2) Patrol PC Core | fixed Mount computers
(MDTs) and installation equipment for the new Patrol and K9 vehicles.

A quote from Advanced Electronic Design, Inc. d/b/a Patrol PC is attached for your review. This item is
compatible with the existing MDT’s we currently have in our existing vehicles.

The Nashua Police Department and Fleet Supervisor recommend the purchase in the amount of $9,536
from Advanced Electronic Design, Inc. d/b/a Patrol PC.

Sincerely,

fi AGN
Karen A. Smith
Business Manager

cc: David Fredette

ey 3343)

™ Date: FABNS

MADE IN USA
www. Patrol PC.com

Exorrat'on 8/18/14

Ta: Nashua, NH FD
0 Panter Orive Nashua, NH 03042

Atin: Peter Cindo
sergaypinematist
Rep dob Shipping Method _ _ Shipping Terms Delivery Date Terms _ five Date
Rgarafano UPS FOR North Atteiboro Net 30 Days
Oty item # DESC ONO eee wee rnenmy noy OOPS a _ une Total

PatrolPC® Core Vo ue Intel Generotion 3 FIXED
MOUNT COMPUTER featuring PartstapelM mounting
»{12.1" Sunlight Reedoble Dispiay - Approximately
T200NITS. Ultra Armour Giass-On-Glass Touch Screen.
} PPC-RTI2-G3-V FM 2.7 GHz Core ib 2 care, removeable 120 GRSS0.4GBR $ 3,545.00 3 3,545.00
DODRS-1 600 RAM, No OS, } 10/100/1G Ethernel. 7 US8 j
2.0, microHOMI, 2 Mini-PCle hall card dots, Ambient
Light Sersor 10 AMP xx Ft Fused Power Cable. 3yr

Woranty}
: Add-ons /Upgrede :
! , PPC-W-7 P64 Windows 7 Pro 44 bit w/Win ? Pro COA 4 209 1} ‘Ss 209.00
1 PPC-insicl-maunt Computer Mount ingta’-Onsite $ 245.83 $ 245,00

‘ON-DASH MOUNT with Singla Arm / Doub'e Pivat and

4G.RLP. Tat/Swivel for Dsplay/Tabtet ond Keybourd

Mount with Double Arm and G,R..P. Tat/Sw.vei for

1 PHL ! 7 put —
aeons FORD POLICE INTERCEPTOR UTIETY {Spec fy Year of 537.00 $ 237.00

Vehicle} (Must Provide Conse'e Make and Modell

{TM-5128-PIU/AP-5120-PPC]

Rugged Bockit Keyboard » TG3 KBA-BLTX 82 Key
4 KBA-BLTX-USNNR-US Boctlit Red “urinated Keyboard wth Touchpad-3 § TP4 3 $ 194.00
year manufacturers wavaniea

Quotation prepared by: Ryan Garcfano Total Becount

This isa quotation on the goods namad, tubjest to the conditions: noted she: Subiota! 3 4,736,006

Shipping Cost. § a

Unpart bolences accrue 1.5% interest per month

Total a

= rn a
Thaneyou for your business!
344 John & Dietsch Bivd. Unt #2, North Atfleboro. MA 02763 508-699-0249 FAX:508-499-253)

NASHUA POLICE
DEPARTMENT Date: 17 October 2016

Intradepartmental Communication

To: Dan Kooken, Purchasing Manger

From: Karen A. Smith, Business Manager

The Nashua Police Department is requesting te purchase two (2) Police radios and accessories for the
new Patrol and K9 vehictes.

A quote from Motorola is attached for your review. This item is compatible with the radios we currently
have in our existing vehicles.

The Nashua Police Department and Fleet Supervisor recommend the purchase in the amount of
$4,940.28 from Motorola Solutions, Inc.

Sincerely,

a

Karen A. Smith
Business Manager

cc: David Fredette

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CESS 7,

NASHUA POLICE
DEPARTMENT Date: 16 October 2016

Intradepartmental Communication

To: Dan Kooken, Purchasing Manger

From: Karen A. Smith, Business Manager

The Nashua Police Department is requesting to replace seven (7) 2014 Ford Police Interceptor utility
vehicles with the 2017 Ford Police Interceptor utility vehicle. The vehicles will replace the following
vehicies which are on the FY2017 CERF replacement schedule.

YEAR UNIT# PLATE# | MAKE/MODEL VIN# MILEAGE AS
OF 10-7-16
2014 5 MP6465 Ford Explorer IFMSK8AROEGC02133 84,835
2014 6 MP6466 Ford Explorer IFMS5K8ARLEGCO2125 78,247
2014 7 MP6467 Ford Explorer IFM5K8AR9EGC02132 80,472
2014 10 MP646106 | Ford Explorer IFMSK8AR7EGC02131 87,098
2014 13 MP64613 Ford Explorer IFMSK8AR3EGC02126 76,093
2014 16 MP64616 Ford Explorer I FMSK8ARS5EGC02130 $1,829
2014 20. MP64620 Ford Explorer IFM5K8AR5EGCO02 127 $5,693

Pursuant to NRO &-84 (A} (3), the replacement vehicles will be purchased through the State of
Massachusetts Greater Boston Police Council Vehicle Procurement Contract #S6BPC2017.

A quote from MHQ is attached for your review showcasing the features and options of the new vehicles
and the associated costs and trade-in allowance.

The Nashua Police Department and Fleet Supervisor recommend the purchase in the amount of
$191,975.63 from M-H-Q, Inc. Municipal Vehicles, Marlborough, MA.

Sincerely,

Karen A. Smith
Business Manager

cc: David Fredette