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Finance Committee - Agenda - 8/3/2016 - P179

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
179
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

12. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS

Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when placing an order or
establishing a BPA for supplies or services. These procedures apply to all schedules.

a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
b. FAR 8.405-2 Ordering procedures for services requiring a statement of work.
13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS REQUIREMENTS:

ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as
appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein
comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are
cited by ordering activities, shall be responded to promptly by the Contractor,

13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS): Information
Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be
acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing
Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and
Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be
obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS
PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to
the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above
address, or telephone number (703) 487-4650.

13.2. FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS): Telecommunication products under this
Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has
been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S.
Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering
information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Acquisition
Service, Specification Section, 470 East.L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-
8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their
applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and
Technology, Gaithersburg, MD 20899, telephone number (301)975-2833.

14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2003)

(a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the
performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances
should be factored into the price offered under the Multiple Award Schedule.

(b) Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and
per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be
priced as a fixed price item on orders placed under the Multiple Award Schedule. Travel in performance of a task order will
only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel
and per diem charges.

(c) Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be required to obtain/possess any
variety of certifications, licenses and accreditations for specific FSC/service code classtfications offered. All costs associated
with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the
Multiple Award Schedule program.

(d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific
FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored
into the price offered under the Multiple Award Schedule program.

(e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the

performance of orders issued under this contract. Ordering activities may require agency approval of additions or
replacements to key personnel.

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Finance Committee - Agenda - 8/3/2016 - P179

Finance Committee - Agenda - 8/3/2016 - P180

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
180
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

(f) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering
agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5.

(g) Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules,
regulations, OMB orders, standards and documentation as specified by the agency’s order.

(h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the
agency’s order.

(i) Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment,
materials or resources as necessary.

(j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year. Funds may
not be presently available for any orders placed under the contract or any option year. The Government’s obligation on
orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering
purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available
to the ordering Contracting Officer.

(k) Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having
worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the
Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate).

15. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES: Any ordering activity, with respect to any one
or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting
Officer under provisions of FAR 52.212-4, paragraphs (I) Termination for the ordering activity’s convenience, and (m)
Termination for Cause (See 52.212-4)

16. GSA ADVANTAGE!

GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors’
schedule prices with ordering information. GSA Advantage! will allow the user to perform various searches across all contracts
including, but not timited to:

(1) Manufacturer;
(2) Manufacturer's Part Number; and
(3) Product categories.

Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The
Internet address is http://(www.gsaadvantage.gov

17. PURCHASE OF OPEN MARKET ITEMS

NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal
Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be treated as open market purchases.
Ordering Activities procuring open market items must follow FAR 8.402(f).

For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award
Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an
individual task or delivery order, only if-

(1) All applicable acquisition regujations pertaining to the purchase of the items not on the Federal Supply Schedule
have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part
12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

(2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply
Schedule is fair and reasonable;

(3) ‘The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.

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Finance Committee - Agenda - 8/3/2016 - P180

Finance Committee - Agenda - 8/3/2016 - P181

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
181
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS

a. For the purpose of this contract, commitments, warranties and representations include, in addition to those agreed to for
the entire schedule contract:

(1) Time of delivery/installation quotations for individual orders;

(2) Technical representations and/or warranties of products concerning performance, total system performance
and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/
service/software package submitted in response to requirements which result in orders under this schedule contract.

(3) Any representations and/or warranties concerning the products made in any literature, description, drawings
and/or specifications furnished by the Contractor.

b. The above is not intended to encompass items not currently covered by the GSA Schedule contract.
19. OVERSEAS ACTIVITIES

The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas
listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as indicated below:

None

Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance
with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will
only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms
and conditions of this contract.

20. BLANKET PURCHASE AGREEMENTS (BPAs)

The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be
established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering
activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s).
Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s).

21. CONTRACTOR TEAM ARRANGEMENTS

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts.
This includes compliance with Clauses 552.238-74, Industrial Funding Fee and Sales Reporting, i.e., each contractor-(team
member) must report sales and remit the IFF for all products and services provided under its individual contract.

22. INSTALLATION, DEINSTALLATION, REINSTALLATION

The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the
District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or
public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work
shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon
Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the
requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing
supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000,
then the requirements of the Davis-Bacon Act applies.

The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of
the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the

ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and
-reinstallation services under SIN 132-8 or 132-9.

23. SECTION 508 COMPLIANCE.

If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and
Information Technology (EIT) at the following:

http://www.ECNetwork.com/

The EIT standard can be found at: www.SectionS08.gov/.
Page 7

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Finance Committee - Agenda - 8/3/2016 - P181

Finance Committee - Agenda - 8/3/2016 - P182

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
182
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

24, PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES.

Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering
activity, shall follow the terms of the applicable schedule and authorization and include with each order —

(a) A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a
_copy was previously furnished to the Federal Supply Schedule contractor); and

{b) The following statement:

This order is placed under written authorization from dated . In the event of any inconsistency
between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will
- govern.

25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at
least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that
the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the
effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer,
whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this
contract that require work on a Government installation and shall require subcontractors to provide and maintain the
insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all
subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

26. SOFTWARE INTEROPERABILITY.

Offerors are encouraged to identify within their software items any component interfaces that support open standard
interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-
sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered
in the component registry located at http://www.core.gov.

27. ADVANCE PAYMENTS

A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the
value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under
this contract. (31 U.S.C. 3324)

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Finance Committee - Agenda - 8/3/2016 - P182

Finance Committee - Agenda - 8/3/2016 - P183

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
183
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM
NUMBER 132-32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33)
AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 132-34) OF GENERAL
PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE

1. INSPECTION/ACCEPTANCE

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering
activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require
repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its
postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before
any substantial change occurs in the condition of the software, unless the change is due to the defect in the software.

2. GUARANTEE/WARRANTY

a. Unless specified otherwise in this contract, the Contractor’s standard commercial guarantee/warranty as stated in the
contract’s commercial pricelist will apply to this contract.

Emergency Communications Network, LLC, warrants and implies that the services provided hereunder are merchantable and fit
for use for the particular purpose described in this contract. (note: as a web based solution 7X24X365 service and support is
included in the license pricing}

b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular
purpose described in this contract.

C. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable
to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.

3. TECHNICAL SERVICES

The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number (866) 939-
0911 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support
number is available from 9 AM to 6PM M-F Eastern Time, excluding holidays.

‘The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number (800) 336-
3410 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support
number is available hours other than 9 AM to 6PM, M-F Eastern Time excluding holidays

4, SOFTWARE MAINTENANCE

a. Software maintenance as it is defined: (select software maintenance type) :
x 1. Software Maintenance as a Product (SIN 132-32 or SIN 132-33)

Software maintenance as a product includes the publishing of bug/defect fixes via patches and
updates/upgrades in function and technology to maintain the operability and usability of the software
product. It may also include other no charge support that are included in the purchase price of the
product in the commercial marketplace. No charge support includes items such as user blogs, discussion
forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited
telephone, email and/or web-based general technical support for user’s self diagnostics.

Emergency Communications Network, LLC includes software maintenance with license.

Page 9 .

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Finance Committee - Agenda - 8/3/2016 - P183

Finance Committee - Agenda - 8/3/2016 - P184

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
184
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software
package. These examples are considered software maintenance as a service.

2, Software Maintenance as a Service (SIN 132-34)

Software maintenance as a service creates, designs, implements, and/or integrates customized changes to
software that solve one or more problems and is not included with the price of the software. Software
maintenance as a service includes person-to-person communications regardless of the medium used to
communicate: telephone support, on-line technical support, customized support, and/or technical
expertise which are charged commercially. Software maintenance as a service is billed arrears in
accordance with 31 U.S.C. 3324.

b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the
completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT,
IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

5. PERIODS OF TERM LICENSES (SIN 132-32) AND MAINTENANCE (SIN 132-34)

a. The Contractor shall honor orders for periods for the duration of the contract period or a lesser period of time.

b. Term licenses may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor.
c. Annual Funding. When annually appropriated funds are cited on an order for term licenses, the period of the term

licenses shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs _
first. Renewal of the term licenses orders citing the new appropriation shall be required, if the term licenses is to be continued
during any remainder of the contract period.

d. Cross-Year Funding Within Contract Period. Where an ordering activity’s specific appropriation authority provides for
funds in excess of a 12 month (fiscal year) period, the ordering activity may place an order under this schedule contract for a
period up to the expiration of the contract period, notwithstanding the intervening fiscal years.

e. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order, if
the term licenses is to be terminated at that time. Orders for the continuation of term licenses will be required if the term licenses
and/or maintenance is to be continued during the subsequent period.

6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE - NOT APPLICABLE. Emergency
Communications Network, LLC does not offer a Perpetual License.

a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following
acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (10) calendar days, for each
software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the
software was on a term license and the date of the last update or enhancement.

b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to
the next, provided the software remains on a term license within the ordering activity.

c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of
conversion from a term license fo a perpetual license.

d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was
initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a
perpetual license, whichever is the less, minus an amount equai to % of all term license payments during the period
that the software was under a term license within the ordering activity.

7. TERM LICENSE CESSATION NOT APPLICABLE. Emergency Communications Network, LLC does not offer a
Perpetual License.

a. After a software product has been on a continuous term license for a period of * months, a fully paid-up,
non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of
continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular
fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this
contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software

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Finance Committee - Agenda - 8/3/2016 - P184

Finance Committee - Agenda - 8/3/2016 - P185

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
185
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be
forfeited.

b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued,
at the prices and terms of Special Item Number 132-34, if the licensee elects to order such services. Title to the software shall
remain with the Contractor.

8. UTILIZATION LIMITATIONS - (SEN 132-32, SIN 132-33, AND SIN 132-34)
a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101.
b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be
subject to the following:
q) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise
specified.
(2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or

independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau,
division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in
the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint
projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other
agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third
parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take
appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third
parties that are permitted access to the computer programs and documentation in connection with the user ordering
activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted
third parties shall be deemed agents of the user ordering activity.

(3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make
available the software or documentation, or any portion thereof, in any form, to any third party without the prior written
approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering
activity who have the ordering activity’s permission to use the licensed software and documentation at the facility, and
who have agreed to use the licensed software and documentation only in accordance with these restrictions. This
provision does not limit the right of the ordering activity to use software, documentation, or information therein, which
the ordering activity may already have or obtains without restrictions.

(4) The ordering activity shall have the right to use the computer software and documentation with the computer for
which it is acquired at any other facility to which that computer may be transferred, or in cases of Disaster Recovery, the
ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is
deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup
computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup
purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software;
and to modify the software and documentation or combine it with other software, provided that the unmodified portions
shall remain subject to these restrictions.

(5) “Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but
the schedule contract and schedule pricelist, including this clause, “Utilization Limitations" are the only governing terms and
conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard
commercial legend.

9, SOFTWARE CONVERSIONS - (SIN 132-32 AND SIN 132-33)

Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made
as the result of a change in operating system , or from one computer system to another. Under a perpetual license (132-33), the
purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term
license (132-32), conversion credits which accrued while the earlier version was under a term license shail carry forward and
remain available as conversion credits which may be applied towards the perpetual license price of the new version.

10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY

The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on
which the software can be used, Also, included shal! be a brief, introductory explanation of the modules and documentation which
are offered. :

11. RIGHT-TO-COPY PRICING

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Finance Committee - Agenda - 8/3/2016 - P185

Board Of Aldermen - Minutes - 9/27/2016 - P27

By dnadmin on Sun, 11/06/2022 - 21:33
Document Date
Tue, 09/27/2016 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 09/27/2016 - 00:00
Page Number
27
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__092720…

Board of Aldermen Page 27
September 27, 2016

501C3 and in the 990 they talk about the programs and how they spend and how they get their money.
This particular organization when it was first born had a big grant. Can anybody tell me where the
money came from? Nobody knows. Everybody wants to find out some magic boogeyman or whatever
but nobody seems to know where the money came from and | find that very interesting a little troubling.
It's not a conspiracy theory but it’s very unusual for a charitable organization to start-up like that with
absolutely no idea where its founding money comes from. In those 990’s you can also see where this
goes and how did it get their money and you can see it year by year. By the way, | will steal a line from a
CBS News investigator reporter who was describing these “grass roots” organizations; he called them
AstroTurf because they are not real grass roots. This would be that. The claim is that these are grass
roots organizations but in fact, the funding is not grass roots by any means. Again, it doesn’t necessarily
make it a bad thing but it’s kind of a little troubling. | look at that and | feel a little bit funny and even the
notations in the tax returns say they are supposed to get 1/3 of their funding after a while through public
means but that’s not happening except through fees. Their programs charge money and that’s how they
are sort of getting the additional support to get above that threshold according to the returns. But again,
that’s not necessarily a disqualifying element, every charity when it first starts off usually starts off with a
particular grant from a benefactor and they are given a number of years to get to that threshold. It’s a
little curious that the benefactors are a little unknown and that’s sort of troubling. Now, a lot of people
have said that they have gone on the website and I’ve carefully studied the website. Okay, fair enough.
l’ve gone on the website and frankly, a lot of it is gobble gook but there is nothing incriminating or evil
about gobble gook, it’s just the type of vacuous verbiage that we often see in a lot of organizations.
However, if one does go through the resources; | believe what is the...there is a learn and then there is a
resources page and then you can actually...you have to go through a lot of clicks and actually make a
real effort to download the actual documentation; those real PDF’s. Some people do it and some people
don’t, | did it. Some of the phrases in here are a little bit troubling because what does this really do, it’s
basically a primmer on how to put your message together to get passed the fact that people are skeptical
but not really in a friendly way the way | look at it, to me it looks very manipulative. Let me quote “use
these message themes to frame and introduce your stories, add to your materials and as fodder for
social media posts.” That’s kind of interesting. “Perception/Reality, about messaging.” This is on page 7
of a document called Stand Together. “A person’s opinion isn’t based on reality, it’s based on their
perception of reality. Listen to and understand your audience perceived reality and then craft your
messages to resonate with it and use these new messages to reshape perception.” Okay, now | kind of
have a little problem with this Orwellian approach to something which supposedly is virtuous. By the
way, one can actually look deeper into the actual overall theme of several of them because it’s not like
it's welcoming all of the immigrants that can certainly contribute to our community. It’s very specifically
targeted at a very specific segment which | think is unfortunate because it does everyone else a
disservice. | leave it up to you folks to vote because in this politically correct world | can’t mention
anything because of course, I'll get skewered one way or the other. | think actually that’s unfair. So we
have some very specific targeted group that then there is a specific means and there are a number of
these in here and that’s just one document; there are actually two specific documents where it’s sort of
this Orwellian message twisting mechanism that you can use as part of your toolkit. | find that a little
frightening and so | don’t want to be associated with that. I’m sorry, | find that unfortunate. Nashua is a
virtuous city. | think we are a great and welcoming city. Why do we have to be a city that needs to
associate with an organization that puts out as a toolkit an Orwellian message twisting machine? For
what purpose and funded by who? Why can’t | find that? | searched literally for three hours and | am
very open-minded about it, I’m not trying to find some evil...like oh, this is George Soros. If it is then it is,
| don’t care. | just want to know who is behind this and why. That’s sort of a little bit of a problem for me.
Again, we have a great city and we do well on our own. We already had a proclamation that Alderman
Cookson said something about which is hey, we are welcoming and so we also had out of committee a
message that was the same. We stripped ourselves of this, which | think people legitimately have
concerns with, | certainly did. They are not uneducated and by the way, | don’t believe that there is a
political motivation, in fact, in committee, | cautioned the Aldermen; we are not allowed to subscribe
motive to people’s reasoning. That is part of our code of conduct. To the extent that had happened to
me, shame on everyone, that’s not okay. I’m not subscribing motive, | think the motives are pure. | think
what happened is people just don’t research enough. | think all of the people who testified today did so

Page Image
Board Of Aldermen - Minutes - 9/27/2016 - P27

Finance Committee - Agenda - 4/6/2022 - P12

By dnadmin on Sun, 11/06/2022 - 21:43
Document Date
Fri, 04/01/2022 - 08:56
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/06/2022 - 00:00
Page Number
12
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__040620…

Consultant with access to City of Nashua records in a reasonable time and manner and to
schedule items that require action by the Board of Public Works and Finance Committee
in a timely manner. The City of Nashua and Professional Consultant also agree to attend
all meetings called by the City of Nashua or Professional Consultant to discuss the work
under the Contract, and that Professional Consultant may elect to conduct and record such
meetings and shall later distribute prepared minutes of the meeting to the City of Nashua.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Consultant warrants that it has examined all contract documents, has brought
all conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua
in writing, and has concluded that the City of Nashua's resolution of each matter is
satisfactory to Professional Consultant. All future questions Professional Consultant may
have concerning interpretation or clarification of this contract shall be submitted in writing
to the City of Nashua within 10 calendar days of their arising. The writing shall state
clearly and in full detail the basis for Professional Consultant's question or position. The
City of Nashua representative shall render a decision within 15 calendar days. The City of
Nashua's decision on the matter is final. Any work affected by a conflict, error, omission,
or discrepancy which has been performed by Professional Consultant prior to having
received the City of Nashua's resolution shal! be at Professional Consultant's risk and
expense. At all times, Professional Consultant shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination of the City of Nashua. Professional Consultant is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its
failure to do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its
sole discretion, shall have the right to terminate, abandon, or suspend all or part of the
project and contract at will. If the City of Nashua chooses to terminate, abandon, or
suspend all or part of the project, it shall provide Professional Consultant 10 day’s written
notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional
Consultant shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City of Nashua any orders or subcontracts specified in the
notice, and revoke agreements specified in the notice,

4. Not resume work after the effective date of a notice of suspension unti! receipt of
a written notice from the City of Nashua to resume performance.

GC 4 of 13

Page Image
Finance Committee - Agenda - 4/6/2022 - P12

Finance Committee - Agenda - 8/3/2016 - P186

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
186
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

The Contractor shall insert the discounted pricing for right-to-copy licenses. NOT APPLICABLE. Emergency
Communications Network, LLC does not offer right-to-copy licenses.

USA COMMITMENT TO PROMOTE
SMALL BUSINESS PARTICIPATION
PROCUREMENT PROGRAMS

PREAMBLE

EMERGENCY COMMUNICATIONS NETWORK, LLC provides commercial products and services to ordering
activities. We are committed to promoting participation of small, small disadvantaged and women-owned small
businesses in our contracts. We pledge to provide opportunities to the small business community through reselling
opportunities, mentor-protégé programs, joint ventures, teaming arrangements, and subcontracting.

COMMITMENT
To actively seek and partner with small businesses.

To identify, qualify, mentor and develop small, small disadvantaged and women-owned small businesses by
purchasing from these businesses whenever practical.

To develop and promote company policy initiatives that demonstrate our support for awarding contracts and
subcontracts to small business concerns.

To undertake significant efforts to determine the potential of smali, small disadvantaged and women-owned small
business to supply products and services to our company.

To insure procurement opportunities are designed to permit the maximum possible participation of small, small
disadvantaged, and women-owned small businesses.

To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement
conferences, etc., to identify and increase small businesses with whom to partner.

To publicize in our marketing publications our interest in meeting small businesses that may be interested in
subcontracting opportunities.

We signify our commitment to work in partnership with small, small disadvantaged and women-owned small
businesses to promote and increase their participation in ordering activity contracts. To accelerate potential
opportunities please contact (Michael Staley, 866 939 0911, mstaley@ECNetwork.com, fax 386-676-1127.)

Page 12

Page Image
Finance Committee - Agenda - 8/3/2016 - P186

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