==) THE CITY OF NASHUA “The Gate City’
Financial Services
Purchasing Department
May 30, 2019
Memo #19-150
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: CSO FLOW MONITORING SERVICES — AMENDMENT #2 (VALUE: $56,100)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER
Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated May 23, 2019 for the information related to this contract.
EXHIBIT C
ACCEPTABLE USE POLICY
1. General Terms.
10.7. Severability. If any term or provision of this Agreement or the application thereof is to any extent held invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, and each term and provision hereof shall be valid and enforced to the fullest extent
of the law.
authorization; (c) Customer has combined the Service with software, hardware, system, data, or other materials not supplied or authorized
by Provider where the infringement or misappropriation relates to such combination, unless Provider expressly authorized such combination
or the combination was provided for in the Documentation; (d) the Loss is as a result of Content or Contact data; or (e} Customer continues
use of the Service after being provided modifications that would have avoided the alleged infringement. In the event Provider believes that
Information is in compliance with the principles outlined in the US-EU Privacy Shield Framework, consisting of: Notice; Choice, Accountability
for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; Recourse; Enforcement and Liability; or (0) Customer has
executed the Data Processing Addendum, and in such case Customer shall fully comply with the Data Processing Addendum. Provider is
certified under the US-EU Privacy Shield Framework and complies with the EU-US Privacy Shield principles in its handling and processing
2.3. Contact Limit. During the term of the applicable Service Order and for a period of one (1) year thereafter, Provider shall have the
right (at its own expense, upon reasonable notice, and no more frequently than once per calendar year unless prior breach has been
uncovered) to inspect the number of Contacts. If Provider determines that Customer has exceeded the licensed number of Contacts,
Customer shall pay Provider for the additional Contacts and the costs of such review within ten (10) days of Provider's invoice.
3. PAYMENT AND TAXES
SCHEDULE 1 —- FOREIGN MESSAGE TRANSLATION
Please select Three (3) languages.
Selectea Language
Pr Catalan (Catalan)
[" Chinese (Simplified, PRC)
{ Chinese (Traditional, Hong Kong S.A.R.)
i — Chinese (Traditional, Taiwan)
i Danish (Denmark)
F Dutch (Netherlands)
[Finnish (Finland)
j~ French (Canada)
German (Germany)
[ French (France)
q
r
Italian (Italy)
Japanese (Japan)
™ Karean (Korea)
—
Norwegian, Bokmal (Norway)
[~ Polish (Poland)
Customer may request additional sessions, or onsite training in lieu of Web-based training. Such training is billable at a base $1,500 day rate
(minimum half day fee anplies). For any onsite training, Customer is responsible for all of Provider's reasonable and pre-approved
travel/lodging/incidental expenses.
Support Documentation. Service documentation appears online. In addition to other online help documentation, Customer may download/print
the current version of the Provider User Guide at any time.
EXHIBIT A
GENERAL SERVICE DESCRIPTION — CODERED®
Description of On-Demand Notification Service: The Service is an on-demand alerting and response software-as-a-service (SaaS) for the
Notification Area. Use of the Service is by subscription and does not require Customer to purchase, install or maintain any dedicated hardware
or software. The Service allows any Initiator to send a single alert to thousands of Contacts simultaneously via a combination of familiar
communication devices including the ability to capture real-time responses.
