Board of Selectmen Regular Meeting
agenda center agenda
| Board/Commission | Board of Selectmen |
|---|---|
| Meeting Date | August 05, 2025 |
| Pages | 105 |
| File Size | 6.1 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
Document Preview
Full Text (OCR Extracted)
AGENDA
BS
BOARD OF SELECTMEN REGULAR MEE
G oT a a
Tuesday, August 5, 2025
DPS
5:00 PM
me Ag
Waterford Town Hall (Appleby)
f
8s
(Procedural Action: Check register to be signed by the Boatd of Selectmen in
accordance with CGS 7-83)
1.
2.
3.
Call to Order & Roll Call:
Pledge of Allegiance
Public Comment:
Board of Education: To consider and act upon awarding the Chromebooks
contract to Vivacity Tech PBC (Equalis Group Contract R10-1 173F), from the
Director of Finance and Operations, Joe Mancini, for $180,000. Funds
available from line item #20560-57884 (Chromebook & iPad Equipment).
Board of Education: To consider and act on a request from Joe Mancini,
Director of Finance and Operations, to award Great Neck Field Remediation
project to Liberty Construction, in the amount of $300,850, pending funding
per the RTM.
.
Registrars of Voters: To consider and act on a recomméndation from Shea
Davy, Purchasing Agent, on behalf of the Registrars of Voters, Bigi Ebbin and
Patti Waters, for surplus disposal of the following items as they have outlived
their usefulness:
* (1)30” deep x 60” wide x 29” high desk
« (1) 31” deep x 56” wide x 29” high desk
© (1)30” deep x 60” wide x 29” high desk
- Recreation and Parks: To consider and act on a request from the Director of
Recreation and Parks, Ryan McNamara, in the amount of -$25,000,.. for
|
10.
il.
12.
13.
14.
g
y
g
,
p
p
64”h 5-drawer file cabinets, as these are no longer needed and requested to
reassign to the Police Department to be used for the Town of Waterford.
. Emergency Management: To consider and act on a recommendation from
Shea Davy, Purchasing Agent, on behalf of Steve Sinagra, Director of
Emergency Management, for surplus disposal of the following items as they
have outlived their usefulness:
e Magic Chef Range/Oven — Model #38FN-2CX, Serial #27C832738070
e Kenmore Refrigerator - Model #25373762300, Serial #BA32205044
e
Panasonic Genius Microwave Oven
Fire Services: To consider and act on the following request for a FY26 In-
Series Transfer from the Director of Fire Services, Chris Haley, in the
amount of $210,000 to keep all OT to the Overtime line.
Various: To consider and act on the following request for a FY25 In-Series
Transfer from the Director of Finance, Kim Allen, in the amount of $52,720
for changes in salary, additional premiums, retirees reimbursements, and
increased staff coverages.
Various: To consider and act on the following request for a FY25 Out-of
Series Transfer from the Director of Finance, Kim Allen, in the amount of
$68,823 to cover additional supplies per state requirements, rise in utilities &
fuel, salary changes, unexpected vehicle & equipment repairs and forward on
to the Board of Finance if approved.
Emergency Management: State Radio Conversion Update
Appointments & Resignations:
14a.
18.
19.
Consent Agenda
18a. Tax Refund
18b. Board of Selectmen Regular Meeting Minutes July 22, 2025
Adjournment:
July 16, 2025
Mr. Rob Brule
First Selectman
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
FINANCE DEPARTMENT MEMO
Re: Bid Waiver through Cooperative Purchasing- Waterford Board of Education
Chromebooks
Dear Mr, Brule:
In keeping with Section 3.08.010 of the Purchasing Ordinance- Cooperative Purchasing, the
Purchasing Department, on behalf the Waterford Board of Education, afier due diligence
and careful consideration, is respectfully seeking the Board's approval to Award the
contract for the purchase of Chrome books to Vivacity Tech PBC (Equal is Group Contract
R l 0-l I 73F) in the total amount of$ I 80,000.00.
Funds will be available from Line Item 20560-57884 Chromebook & iPad Equipment.
Sincerely,
Shea Davy
Purchasing Agent,
Town of Waterford
July 16, 2025
Mr. First Selectman,
The Waterford Board of Education would like to request a bid waiver for this years purchase of
chromebooks
At the Juna 16th RTM meeting this project was approved by the RTM under project number 20560-
57884. This bid waiver is for the purchase of 400 Chromebooks from a company called Vivacity. This bid
waiver is being sought as we've solicited quotes and the lowest qualified respondent is. part of the Equalis
Cooperative Purchase.
The amount of the quote is $180,000 and is attached.
| will be in attendance for any questions that you may have.
Thanks,
Respectively,
CY:
emt
Joseph Mancini
Director of Finance
CC: Board of Finance
15 Rope Ferry Road * P.O. Box 284 * Waterford, CT 06385
Phone: 860-444-5849 © Fax: 860-444-5870 * www.waterfordschools.org
(400) Acer 511 w/ 4yr EMP# + VSuite
Mark Geer
:
:
:
mgear@waterfordschools.org
Pa
Jerritory Manager
:
:
:
(612) 416-3099
2
mbaker@vivacltytech.com :
So: Product
:
Ss
SKU.
Quantity
°°
Price
Tatal Price
VT-SP-PLACE-ITEM
NX,.KD4AA.002
400
$302.00
$120,860.00
Acer Chramebook 514 €726-COOR - Intel N100/4GB/32G8 - I in/Non-Touch - New
VTG4NT
+ VSulte Package
+4 Years of Empower Plus (VT-4VR-EMPLUS-NT)
+ Dreart Subscription (VT6ORM]
+ Studant Repatr Academy (VTESRA)
VT64NT
400
VT-4YR-EMPLUS-NT
4-Year Empawar Plus Warranty {Non-Tauch}
Vivacity Tech EMPOWER+ Warranty:
Includes chaie of Vivacity ease (excludes backpacks] and Blue Light Blocking Screen
Protector ‘tistalled by Vivacity
Tach technicians
Available tor Edusation-Grade Chromebaoks
Covers both manufacturer's detects and aceldental damage
Priority cepair for all covered devices
No deductibies, claim fats, or shipping charges
Battery and power adapter replaced
up
to 1054
of the covered flent
‘Inefe and loss reimbursements
are available with valid police report
Seff-Maintainer option available
VT4YR-EMPLUS-NT
406
$100.00
$40,000.00
By purchasing a Vivacity Branded Warranty, you agree te the terms and conditions af
the warranty. Full TAC are available an the
Draarh portal ar upon request.
See more firoducis at vivacitytech.com
L
For questions contact sales@vivacitytech.cam of 877-731-2065
2
snvacity
VT6SRA
VT6SRA
400
30.00
$0.00
Student Repair Academy Subscription
CROSSWDISEDUNEW
Chrome O$ Education License
CROSSWDISEDUNEW
400
$32.00
$12,800.00
VTPART-114 BL-GS
VTPART=11BL-GS
490
$0.00
30.00
Yeacity Tech Blue Light Blacking Tempered Glass Screan Protector for 17.6"
SVC-SPI
SVE-SPI
400
$0.00
$0.00
Vivacity Tech Sereen Protector [nstallation Service
a See more praducts at wivacitytedl cam
a
For questions, contact Sales@vivacitytech.com or 877-731-2069
:
: .
VIVGQCITY.
SVC-CCA
SVC-CCA
400
$0.00
$0.00
Vivacity Tech Chromebaok/Case Assembly Service
SVC-WG
SVCANG
400
$3.00
$1,200.00
Vivacity Tech White Glove Service
+ Enroll Device In Console
+ Update OS to currant version {to the date the service is perfarmed)
SVC-VT-ATAG
SVC-VT-ATAG
400
$3.00
$1,200.00
avacity Tech Asset Tagging Service « VE Provided
FEE-S&H
FEE-S&H
4
£0.00
$0.00
Vivacity Tech Shipping & Handling
Contract
Equalis (R10-1173F)
Credit Card Payinents are Subject ta a 3% Convenience Fee
men
y
;
1
Arigament
nd Fade rasan,
Ta pregtamste a
Sub Total
.-
$180,000.90
Gata that under those
uid this oraer he
unicasion,
We tank your
Tax
$0.00
GrandTotal
$180,000.00
:
:
:
aan
5
Lease cost per year*
$48,150.00
SAssumex fous acuual
auynents of an PMY basis. Priciag fe ietended (9 be ganceat.
Fieasn corinect vn yoni
Satta vep fee anther leasing options oF
+ specific quate,
Yyivacity Tech erearves the right ta avsign any order to our ve
beneletlal way for Yroaeny tu dccomanauate to edutabon et g
programs, the remittsnse address may charge and adultos
atoeated 1a che of these
plogiains, the Vovseity pracuransnt |
In arfvancn Ine your avtlsionce
in fachaatinn
Yesacig’s partisipation Za then
1
prawnded ons Quotes eapavs onthe expiration date stoled
on each Quite or
Aeaueate Suihe Ung af purchase your dedkated Acceuny Manager ailtvietk
Vivacity Tech PBC is the first and only Public Benefit Corporation to provide technology hardware to schools.
We're excited about this opportunity to work with you and your school district!
See more products ‘at vivacitytech.com
For questions, contact sales@uivacitytech.
caw or 677-731-2009
MIVOCITY:
Vivacity Tech PBC
( Reseller ), having its place of business at
305 W Mtatnehahs Ava W #160 St Paul ist $5503
,
and SYNNEX Corporation
(SYNNEX”), having its place of business at 44201 Nobel Drive, Fremont, California 94538.
BACKGROUND
This Agreement governs the appointment of Reseller as a nonexclusive authorized reseller
of Products (as defined below) through the Equalis Group Contract -- Contract No. EQ-013120-01
~ Technology Software, Equipment, Services and Related Solutions (“Contract”), The General
Terms and Conditions comprising the body of this Agreement set forth the general terms of such
appointment.
AGREEMENT DOCUMENTS
The parties agree to be bound by this Agreement, which consists of this Signature Page,
the General Terms and Conditions, and any Exhibits attached hereto (if any):
The duly authorized representatives of the parties have executed and delivered this
Agreement as of the Effective Date.
SYNNEX Corporation
RESELLER
By: _E-SIGNEO by Daniel Brennen on 2020-08-27 15:30:41 GMT
By: _E-SIGNED by Desiree Larson on 2020-08-27 15:24:20 GMY
Naine: Daniel:Brennan
Name: Sesiee Larson
Title: Vice President & Senior Counsel
Title: connotes
Date: Avsust 27, 2020
Date: Acsust 27 2020
PSA,
SLED Deater-Equatis Agreement
\
May: £3, 2020 Version
information is conspicuously marked with “Confidential,” or “Proprietary” or other similar legend.
If Confidential Information is orally disclosed it shall be identified as such at the time of disclosure
and a brief written non-confidential description of the information and confirmation of the
confidential nature of the information shall be sent to the recipient within thirty (30) days after the
disclosure. Quantities, schedules, pricing, sales reports and inventory reports shall be considered
Confidential Information hereunder whether disclosed orally or in writing, or whether or not
marked “Confidential” or “Proprietary.” Confidential Information does not include information
that; (1) was in the possession of, or was known by, the receiving party prior to its receipt from
the disclosing party, without an obligation to maintain its confidentiality; (2) is or becomes
generally known to the public without violation of this Agreement; (3) is obtained by the receiving
party from a third party, without an obligation to keep such information confidential; or (4) is
independently developed by the receiving party without use of Confidential Information,
1.2
“Customer” means Endusers authorized to purchase through the Contract.
1.3.
“Reselfer” shall have the meaning set forth in the Signature Page.
1.4
“Contract Price List” is the negotiated contractual pricing for the Products.
1,5
“Products” means the products that are available to be sold through the
Contract.
SECTION 2
APPOINTMENT AND LICENSE.
2.1
Appointment, License Grant and Sublicense.
Subject to the terms and
conditions of this Agreement and the qualification requirements delineated herein, SYNNEX
hereby appoints Reseller, and Reseller hereby accepts the appointment, as a non-exclusive
authorized Dealer of Products to Customers who can purchase through the Contract. SYNNEX
grants to Reseller a nontransferable and nonexclusive license during the term of this Agreement to
distribute the Products and any software (only as incorporated in the Products) to Customers.
2.2
Authority, Except as expressly set forth in this Agreement, Reseller will
have no authority to bind SYNNEX or its suppliers to any contract, representation, understanding,
act ot deed concerning SYNNEX, its suppliers or any Products covered by this Agreement without
SYNNEX’s prior written consent. This Agreement will not be deemed to establish a joint venture
or partnership. Reseller will make no warranties or representations, such as representations
concerning prices, terms of delivery and payment, or conditions of sale, relating to the Products
unless SYNNEX authorizes such warranties and representations in writing. The parties recognize
and agree that the reseller relationship referenced herein does not establish privity of contract
SLED Ovaler-Equalis Agreement
2
May 13,2020 Version
Products.
2.4
Reserved Rights. This Agreement shall in no way limit SYNNEX’s ability
to sell, directly or indirectly, any Products to any Customers, and Reseller shall not be entitled to
any commission or other compensation with respect to such sales. SYNNEX shall be entitled to
appoint other reseller(s) for any Customers without notice or liability to Reseller.
2.5
Procurement of Products. Any Products sold to Customer by Reseller under
the Contract must be procured through SYNNEX.
SECTION 3
RESELLER OBLIGATIONS.
3.1
Contract Pricing. Reseller shall comply with the approved product and
pricing of the Contract. The Contract Pricing will be maintained for the term of this Agreement,
including any extensions.
3.2
Warranty, Contract Pricing includes the standard warranty provided by the
manufacturer. Additional extensions of the warranty beyond the standard warranty will be an
additional cost to the Customer.
3.3
Ordering Instructions. Reseller agrees to send orders to SYNNEX through
aSYNNEX approved method. Reseller is responsible for ensuring that only authorized employees
place, change or delete orders and that the orders conform to all requirements of this Agreement.
3.4
Customer Purchase Order Forms. Reseller agrees ta provide a copy of the
Customer's purchase order when placing an order to SYNNEX through this Contract.
3.5
Audit, SYNNEX shail, at all reasonable times and for five (5) years after
termination or expiration of this Agreement, have full access to Reseller’s books, records, files and
related correspondence relating to Reseller’s performance under this Agreement.
3.6
Purchase Volume Reports. Reseller shall submit a point of sale report of
sales through this Agreement on the provided template to Equalis@synnex.com no later than the
fifth (5"") day of the preceding month.
3.7
Contract Fee.
Reseller is responsible for payment of the contract fee
associated with this Agreement (the “Contract Fee”), the amount of which is based on the pricing
charged to the Customer as delineated in the monthly point of sale report in Section 3.6. Unless
otherwise instructed by SYNNEX, Reseller shall provide the Contract Fee to SYNNEX within 30
days following the end of the preceding month.
SLED Dealer-Equalis Agreement
3
May $3, 2020 Version
SECTION4
ORDERS, PAYMENT AND DELIVERY
4.1
Qrdering Information, Reseller shall ensure that Customers are eligible to
purchase through the Contract.
4.2
Order Acceptance. All orders shall be subject to SYNNEX’s acceptance,
and SYNNEX shall have no liability for any orders it rejects.
4.3
Shipment_and Payment.
The negotiated price includes delivery to the
Customer, FOB Origin standard ground freight within the continental US only. Customers may
be charged additional fees if shipment must be expedited, requires special handling or delivery
and/or OCONUS delivery.
4.4
Timely Shipment.
SYNNEX will use commercially reasonable efforts to
meet the Customer’s requested delivery date at the location specified by the Customer.
4.5
Timely Processing. Reseller will use its best commercial efforts to process
orders and to provide customer service and support in a timely manner.
4.6
Payment. Reseller’s standard credit terms will apply to all orders under this
Agreement,
SECTION 5
ADDITIONAL DUTIES OF RESELLER
Sul
Best Efforts, Reseller shall use its best efforts to promote and sell the
Products to Customers, all consistent with good business ethics and in a manner that will reflect
favorably on SYNNEX.
5.2
Compliance. Reseller shall comply with all applicable federal, state and
local laws, rules, regulations, ordinances and executive orders. If either party receives any notice
or becomes aware of any violation of any applicable law, statute, rule, regulation or ordinance by
the Products or the distribution thereof, such party shall promptly notify the other party of such
notice or violation.
5.3
Conduct of Reseller. Reseller shall at all times refrain from engaging in any
illegal, unfair, or deceptive trade practices or unethical business practices whatsoever. Reseller
shall not make any false or misleading representations to Customers or other persons with regard
to SYNNEX or the Products, Reseller shall not make any representations with respect to the
specifications, features, or capabilities of Products which are not consistent with those described
in the manufacturer’s publicly-available Product documentation,
SLED Deater-Equalis Agreement
4
May $3, 2026 Version
5.5
Failure to comply with any of the provisions of this section will result in
immediate termination of Reseller.
SECTION 6
QUALIFICATIONS OF RESELLER
6.1
Good Standing. Reseller’s business and credit accounts with SYNNEX
must be current and in good standing. Reseller cannot have defaulted on any payments due to
SYNNEX and must have a history of prompt and timely payments for all amounts due SYNNEX.
6.2
Reseller Financials.
Reseller agrees to provide SYNNEX with updated
credit information on request. Reseller understands and agrees that SYNNEX may order a credit
report in connection with the Agreement.
SECTION 7
CONFIDENTIALITY.
7.1
Confidentiality Obligations,
The receiving party shall protect the
confidentiality and secrecy of the disclosing party’s Confidential Information and shall prevent
any improper disclosure or use thereof by its employees, agents, contractors or consultants, in the
same manner and with the same degree of care (but in no event less than a reasonable degree of
care) as it uses in protecting its own information of
a confidential nature for a period of three (3)
years from the date of such disclosure. Each party must inform its employees having access to the
other’s Confidential Information of restrictions required to comply with this Section 7.1. Each
party agrees to provide notice to the other immediately after learning of or having reason to suspect
a breach of any of the restrictions of this Section 7.4, Notwithstanding the foregoing, each party
may disclose the other party’s Confidential Information if and to the extent that such disclosure is
required by applicable law, provided that the receiving party uses reasonable efforts to limit the
disclosure and provides the disclosing party a reasonable opportunity to review the disclosure
before it is made and to interpose its own objection to the disclosure,
Each party retains for itself all proprietary rights it possesses in and to all of its own
Confidential Information. Accordingly, Confidential Information which the disclosing party may
furnish to the receiving party shal! be in the receiving party’s possession pursuant only to a
restrictive, nontransferable, nonexclusive license under which the receiving party may use such
Confidential Information under the terms of this Agreement, solely for the purposes of satisfying
its obligations hereunder. Each party understands that the party receiving Confidential Information
may now or in the future be developing proprietary information internally, or receiving proprietary
information from third parties in confidence that may be similar to disclosed Confidential
Information. Nothing in this Agreement shall be construed as a representation or inference that
the receiving party will not develop products, for itself or others, that compete with the products.
processes, systems or methods contemplated by disclosed Confidential Information.
SLED Dealer-Equalis Agreement
5
May 13,2028 Versi
jurisdiction of the courts of competent subject matter jurisdiction for purposes of entry of such
injunctive relief,
SECTION 8
STAFFING.
8.1
Staffing.
Each of the parties agrees not to solicit, hire or engage any
employees of the other party that are directly involved in the activities of the other party in
connection with this Agreement during the period such.employees are employed by the other party
and for a period of one hundred eighty (180) days after the date of such employee’s termination of
employment from the other party. Each party acknowledges that any material violation of the
rights and obligations provided in this Section 8.1 may result in immediate and irreparable injury
to the other party, and hereby agrees that the aggrieved party shall be entitled to immediate
temporary, preliminary, and permanent injunctive relief against any such continued violations
upon adequate proof, as required by applicable law. Notwithstanding Section 13.6, each party
hereby submits itself to the personal jurisdiction of the courts of competent subject matter
jurisdiction for purposes of entry of such injunctive relief.
SECTION 9
LIMITATION OF LIABILITY.
9.1 EXCEPT FOR A BREACH OF SECTION 7.1 OR SECTION 8.1, IN NO
EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR SPECIAL
DAMAGES OR COSTS HOWSOEVER ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR.COSTS. IN NO EVENT SHALL EITHER PARTY
BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR LOSS, DAMAGE, OR
INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS AND CONDITIONS, OR ANY AGREEMENTS INTO WHICH THEY ARE
INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE
TERMS AND CONDITIONS, IN EXCESS OF THE NET PURCHASE PRICE OF THE
PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR HEREUNDER.
SECTION 10 INDEMNIFICATION
10.1
Reseller Indemnification.
Reseller will indemnify, defend and hold
harmless SYNNEX, its dealers, employees, successors, assigns, parent company and affiliated
companies (each individually an “Indemnified Party” and collectively the “Indemnified Parties”)
from and against any and all claims, demands, causes of action, expenses (including reasonable
attorneys’ fees) and liabilities, arising out of Reseller’s acts or omissions relating in any way to ils
activities in connection with this Agreement, or actual or alleged misrepresentation relating to any
SLED Deater-Equalis Agreement
6
May 13, 2020 Version
Party’s prior written approval.
10.2.
SYNNEX Indemnification. SYNNEX will indemnify, defend and hold
hanmless Reseller from and against any and all claims, demands, causes of action, expenses
(including reasonable attorneys’ fees) and liabilities, arising out of SYNNEX’s wrongful acts or
omissions relating in any way to its activities in connection with this Agreement, or actual or
alleged misrepresentation relating to the Products or this Agreement, regardless of the form of
action. SYNNEX shall pay any damages and costs assessed against Reseller in connection with
such claim. Reseller shall have the right, at its own expense, to participate and. be represented in
any such action, suit or proceeding by its own attorneys. SYNNEX shall not enter into any
settlement that affects Reseller’s rights or interests without Reseller’s prior written approval.
SECTION Tl INTELLECTUAL PROPERTY
11.1
Nothing contained in this Agreement shall give Reseller any interest,
license or right in any trademark, name, logo, or other trade designation of SYNNEX or any
SYNNEX parent or affiliated company. Reseller agrees that it will not at any time during or after
this Agreement assert or claim any interest in, or do anything that may adversely affect the validity
or enforceability of, any trade name, trademark or logo belonging to or licensed to any SYNNEX
parent or affiliated company or the rights therein.
SECTION 12 TERM AND TERMINATION,
12.1
Term. The initial term of this Agreement shall commence on the Effective
Date of this Agreement and extend for one (1) year thereafter, with automatic one year renewals
unless terminated according to one or more of the following provisions:
(A)
At any time upon the mutual written agreement of both parties;
(B)
By either party with or without cause upon thirty (30) days prior
written notice of termination to the other party;
(C)
By either party, following a material breach of this Agreement by
the other party and the breaching party's failure to cure such breach within thirty (30) days of it
receiving written notice of such breach;
(D)
By SYNNEX, immediately upon written notice, in the event
Reselter breaches Section 5; and
SLED Dealer-qualis Agrcement
q
May 13, 2020 Version
any further liability or obligation of any kind, revoke its appointment of Reseller by providing five
(5) business days written notice.
12.2
Effect of Termination, The termination of this Agreement shall in no way
affect the obligations of either party regarding orders accepted by SY NNEX prior to the effective
date of such termination.
12.3.
Return of Confidential Information, Upon termination of this Agreement
by either party, each party shall return all originals and copies of Confidential Information or
destroy the same with certification of such destruction, provided, however, that the Receiving
Party may retain an archival copy of Confidential Information as required by record retention
policies or law.
12.4
Survival.
Provisions herein which by their nature extend beyond the
termination or expiration of this Agreement will remain in effect until fulfilled.
SECTION 13 MISCELLANEOUS,
13.1
Entire Agreement and Modification. ‘This Agreement shall constitute the
entire agreement between the parties with respect to the transactions contemplated hereby and
supersedes all prior agreements and understandings between the parties relating to such
transactions. The Exhibits attached hereto are considered to be a part of this Agreement. No
modification of this Agreement shall be binding, unless in writing and signed by an authorized
representative of each party.
13.2
Assignment. This Agreement shall be binding upon and inure to the benefit
of the parties and their respective successors and permitted assigns, Neither party hereto shalt in
any way sell, transfer, assign, or otherwise dispose of any of the rights, privileges, duties and
obligations granted or imposed upon it under this Agreement; provided, however, SYNNEX shall
have the right to assign its rights, duties and responsibilities under this Agreement to an affiliate
of SYNNEX. An affiliate of SYNNEX means any corporation, partnership or other business entity
which controls, is controlled by, or is under common control with SYNNEX,
13.3
Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal ov unenforceable in any respect, except
in those instances where removal or elimination of such invalid, illegal, or unenforceable provision
of provisions would result in a failure of consideration under this Agreement, such invalidity,
illegality or unenforceability shall be severed and shall not affect any other provision hereof.
Furthermore, the severed provision shall be replaced by a provision which comes closest to such
SLED Dealer-Equalis
Agreement
8
May 13, 2020 Version
war (whether an actual declaration is made or not), insurrection, riot, civil commotion, act of public
enemy, accident, fire, flood, earthquake, or other act of God, act of any governmental authority,
judicial action, computer virus or worm, or similar causes beyond the reasonable control of such
party. [fany event of force majeure occurs, the party affected by such event shall promptly notify
the other party of such event and take all reasonable actions to avoid the effect of such event.
13.5
Independent_Contractor.
SYNNEX and Reseller are and shall be
independent. contractors to one another, and nothing herein shall be deemed to cause this
Agreement to create an agency, partnership, or joint venture between the parties.
13.6
Disputes, Both parties agree to negotiate in good faith the settlement of any
disputes that may arise under this Agreement. If necessary, such disputes shall be escalated to
appropriate senior management of each party. In the event that such good faith settlements fail,
excluding any and all disputes and controversies arising out of
or in connection with Sections 7.1
or 8.1, any and all other disputes and controversies of every kind and nature between the parties
arising out of or in connection with the existence, construction, validity, interpretation, or meaning,
performance, non-performance, enforcement, operation, breach, continuance, or termination of
this Agreement shai! be submitted to binding arbitration, pursuant to the Rules of the American
Arbitration Association, before a single arbitrator in Alameda County, California. In the event the
parties cannot agree on the arbitrator, then an administrator of the American Arbitration
Association shall select an appropriate arbitrator from among arbitrators of the American
Arbitration Association with experience in commercial disputes related to technology products.
In the event of any litigation arising out of this Agreement or iis enforcement by either party, the
prevailing party shail be entitled to recover as part of any judgment, reasonable attorneys’ fees and
court costs,
13.7.
No Waiver. The failure of either party to require performance by the other
party of any provision of this Agreement shall not affect the full right to require such performance
at any later time, nor shall the waiver by a party of
a breach of any provision of this Agreement be
taken or held to be a waiver of the provision itself.
13.8
Jurisprudence.
This Agreement shall be governed by and construed in
accordance with the laws of California and the United Nations Convention on Contracts for the
International Sale of Goods shall not apply.
13.9
Notice, All written notices required by this Agreement must be delivered
in person or by means evidenced by a delivery receipt and will be effective upon receipt.
13.10 Exhibits.
Each Exhibit attached hereto is incorporated herein by this
reference. The parties may amend any Exhibit from time to time by entering into a separate written
SLED Dealer-Equalis Agreement
9
May: £3, 2020 Version
RR
ER EE
SLED Dealer-quahs Agreemeat
1G
May 13, 2020 Version
improvement, and relationships that extend throughout the procurement channel. The mission of
Equalis Group is to continuously improve the measurable and meaningful impact of cooperative services
for everyone throughout the supply chain.
Who Can Use Equatis?
Equalis Group membership is open to ail public sector end-user entities, including:
»
Local Governments
*
K-12 Entities
«Higher Education Entities
*
State Agencies
Private Sector companies and agencies who would benefit from cost-savings associated with leveraging
the purchasing power of a national cooperative contract, are also eligible for membership.
Contract Name
SYNNEX Equalis Group Contract Number: £Q-013120-01 Technology Software, Equipment, Services
and Related Solutions
Term
May 1, 2020 - May 1, 2023, plus 4 optional one-year renewals,
Awarded Manufacturers
The Equalis Group Contract covers all vendor product lines available at SYNNEX. SYNNEX and
manufacturers’ standard commercial certifications/authorizations are required for participation, in
addition to any requirements specific to Public Sector or this contract.
Freight
Alt deliveries to Equalis Group members shall be freight prepaid, FOB Destination, For authorized
Dealers, all standard commercial freight policies will apply. Possible assistance with freight will be
determined on a.case by case basis. Additional freight costs may apply for white glove, special and
expedited delivery requirements, and can be charged under the contract upon agreement by the
member agency.
Contract Pricing
SYNNEX Equalis Group EQ-013120-01 {Not-to-Exceed) Contract Pricing:
*
4% Discount from MSRP applicable to all manufacturing lines, {untess noted in Exceptions
below)
«
2% Discount from MSRP for the following:
https://www.synnexcorp.com/us/govsolviequalisgroup/
*
0% Discount for:
*
Avaya Non-Discountabie skus
*
Professional Services/Line Card: Professional Services may be performed under the contract by
SYNNEX Authorized Service Providers. Please reach out to: fieidservices@synnex.com with any
questions, You can refer to the Services Line card here.
«
Dealer is free to offer additional discounts from the established contract price.
Authorized Dealer Program
SYNNEX offers a Dealer Program that provides select reseller partners the ability to sell to Equalis Group
members using this contract. The Dealer is authorized to invoice the Equalis Group member and accept
payment on behalf of SYNNEX, subject to the following requirements:
*
Dealer quote will include the Equalis Group contract price and your cost from SYNNEX.
¢
End-user pricing can NOT exceed the Equalis Contract Price but can be discounted by the Dealer.
*
Dealer must identify all Equalis Group quotes and orders ta SYNNEX. Quotes can be obtained at
equalis@SVNNEX.com.
«
Both the End-user and Dealer POs should reference the Equalis Group Contract number which
is: (EQ-013120-01}. Dealer is responsible for maintaining a copy of these POs for audit purposes
for up to 3 years following the date of that sale.
«Reseller must have a current account in good standing at SYNNEX and signed Dealer
Agreement. To participate, please send request to equalis@SYNNEX.com.
*
SYNNEX and manufacturers’ standard commercial certifications/autharizations are required for
participation.
SYNNEX Contacts
Team Contact: equalis@SYNNEX.com
Equalis Contract Manager: Nick Coperine 914-618-1524 | nicholasco@synnex.com
Website: https://www.synnexcorp.com/us/govsolv/equallsgrou!
20S Reporting
Authorized Dealer must provide a Report of thelr sales under this contract to equalls@SYNNEX.cam no
later than the 5 day following the end of the preceding month using the template below. (SYNNEX is
required to provide a monthly POS to Equalis by the 15" of the month.
https /www.synnexcorp.com/us/aoysoiviequalisqroup/
Authorized Dealer is responsible for the payment of the Contract Fee to SYNNEX, by the 15" day of
the month.
Contract fee:
0.70% ar 70 Bps for Commodity Products
1.5% or 150 Bps for Enterprise Products
The Contract Fee is caiculated off the Dealer’s combined monthly sales based on the total pricing
charged to the Equalis Group contract members. Participating manufacturers are encouraged to
provide special pricing that offsets this Contract Fee.
Payment should be sent to the following address:
SYNNEX Corporation
¢/o Cory Fortune
39 Pelham Ridge Drive
Greenville, SC 29615
Marketing
There are no restrictions in the marketing of this contract directly to the coaperative membership. The
Equalis Group Program Office can assist SYNNEX and our participating Dealers with their marketing
efforts, training and attendance at industry events and SYNNEX GovSoly shows.
Equalis Group has provided a membership list to assist our dealer organization in the marketing of this
contract, SYNNEX will send all Authorized Resellers the membership list on a monthly basis. Reach out
to aqualis@SYNNEX.com for contact information.
Equalis Group Contact below available to connect w/ end-user/agencies, qualify them & answer any
questions.
Josh Fitzgerald
Tele: 972-703-9758
E-Mail: ffitzgerald@equalisgroup.orz
httos://www.synnexcorp.com/us/govsolv/equalisqroun/
DATE:
July 29, 2025
TO:
Rob Brule
FROM:
Joseph P. Mancini, Director of Finance and Operations
RE:
Great Neck Field Award
Mr. First Selectman
Iam writing to you at the behest of the Waterford Board of Education. This is the request to
award the Great Neck Field Remediation project to Liberty Construction in the amount of
$300,850 under account . The Waterford Board of Education has worked with Tom Irwin
advisors throughout this process to identify the needs of the field remediation and evaluate
the respondent bidders. This request aligns with their recommendations as well.
Attached to this memo is the recommendation from Tom Irwin Advisors and bid responses.
Thanks for your consideration,
Sincerely,
Joseph Mancini
Shea
Davy,
Purchasing
Agent
IFB
No.
IFB#
24-033
RESPONSE
DEADLINE:
June
26,
2025
at 2:00
pm
Revised
Responses:
July
21,
3:30PM
TOTALS
Bid
evaluations
and
value
$454,650.00
$369,095
$457,829.48
$457,829
$522,322.00
$300,850
Plus
disposal
fees
$586,000.00
ATHLETIC FIELD/ PLAY AREA — 45,000 SF
1.
MOBILIZATION
2.
6’ PRIVACY SCREEN FENCING (1YR)
3.
REMOVAL
& DISPOSALS
©
— STRIP OFF EXISTING VEGETATION — 2”
*®
REMOVE EXISITNG ROOTZONE ~ 6”
o
PUSH TOWARDS DOG LEG
4,
LASER GRADE ESTABLISHED SUBGRADE
5.
FURNISH & INSTALL 2MIM SAND LAYER ~ 1”
*®
LASER GRADE SAND
6,
ROOTZONE BLEND — 5”
IMPORT & FURNISH TOPSOIL — 1.5”
LASER GRADE TOPSOIL
IMPORT & FURNISH C33 SAND — 3.5”
LASER GRADE SAND
REVERSE TILL IN 3 DIRECTIONS
LASER GRADE FINISHED GRADE
7.
IRRIGATION SYSTEM
8.
SET MANHOLE TO GRADE
e
PROTECTIVE RESILIENT PADDING
9,
FERTILITY AMENDMENTS
e
NUTRITINAL TESTING
10. SEEDING PER SPECIFICATIONS
11, MAINTENANCE PER SPECIFICATIONS
2.5% BOND
NOTES:
$5,000.00
$9,170.00
$29,900.00
$8,330.00
$19,190.00
$129,670.00
$62,000.00
$3,500.00
$1,000.00
$15,750.00
$10,000.00
$300,850.00
ROCK REMOVAL
— IF, DURING THE PERFORMACE OF THE CONTRACT, ROCK REMOVAL JS REQUIRED, THE PRICE SHALL BE
$500 PER CUBIC YARD FOR THE FIRST TEN YARDS. IF TEN CUBIC YARDS OF ROCK ARE EXCEEDED, THE PRICE SHALL BE $250
PER CUBIC YARD.
-
UNSUITABLE SOILS
— IF, DURING THE PERFORMACE OF THE CONTRACT, UNSUITABLE SOILS ARE ENCOUNTERED, THE PRICE
SHALL BE $500 PER CUBIC YARD FOR THE FIRST TEN YARDS. IF TEN YARDS OF UNSUITABLE SOILS ARE EXCEEDED, THE PRICE
SHALL BE $100 PER CUBIC YARD.
-
MATERIAL TESTING — ALL MATERIAL TESTING COSTS WILL BE BY OTHERS
P.O. BOX 7, SOUTH WINDSOR, CT 66074 « TELEPHONE (860) 289-8073
ATTENTION! This. message originated from. outside of Waterford Public Schools. Please be careful when
clicking links or-opening attached documents
Hi Joe:
We believe that Liberty Landscapes offers the best value for this project for the following reasons:
1) After value engineering, they were the lowest bidder.
2) They have extensive experience in athletic field construction in general.
3) They limit their business to athletic fields, so consequently, they do a great many every year.
4) Liberty has abundant experience with natural grass athletic fields.
5) They do their own irrigation work with a team that is highly experienced in athletic fields. No need to
subcontract.
6) Liberty had the means and experience to create the blended rootzone without needing to use the parking
lot area.
7) Liberty bid the project with seed as specified. The next lowest bidder bid sod.
8) Liberty is in close proximity to the worksite.
Price and specialized experience are the primary drivers of my suggestion that Liberty is the best value.
Cordially yours,
Kevin Dufour
Sustainability Advisor
Tom Irwin Advisors
Cell: 781-999-5464
Email: Kevin@tomirwinadvisors.com
Follow us at: www.tomirwinadvisors.co
LEED Accredited Professional
Green Globes Professional
VMemo
To:
The Board of Selectmen
From:
Shea Davy
Date:
July 25, 2025
Re:
Disposal ofSurplus Assets
Dear Mr. Brule:
In accordance with the town Property Ordinance, Chapter 2.112.020, it is requested that
the Board of Selectrnan please consider an act to surplus, on Behalf of the Registrar of
Voters, three (3) office desks listed below. These items has outlived their usefulness to
the department and are being replaced. These items will be disposed of via transfer
station.
e
(1) 30" deep x 60” wide x 29" high desk
©
(1) 31” deep x 56” wide x 29” high desk
©
(1) 30” deep x 60” wide x 29” high desk
Thank you for your consideration
ea Davy
Purchasing Agent,
Town of Waterford
Flag Status:
Flagged
Hi Shea:
attempted to send you photos of the (3} desks in our office that we would like to have removed (but | believe they
were blocked by the firewall}. In lieu of photos, the description of the desks are:
1)
Currently used by Bigi Ebbin ~ 30’ deep x 60” wide x 29” high
2)
Currently used by Patti Waters - 31” deep x 56” wide x 29” high
3)
Currently used by Deputies — 30” deep x 60” wide x 29” high
We are waiting for a scheduled date for our new desks to be assembled by Public Works, We would nat want our
current desks removed prior to the completion of the new ones.
Please let me know if you need more information from aur office.
Thank you!
Bigi Ebbin
Registrar of Voters
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
860-444-5836
Bane?
Waterford
CONNECTICUT
DATE:
TO:
FROM:
RE:
July 10, 2025
Board of Selectman
Ryan McNamara, Director of Recreation and Parks
Children’s Playground Pavilion Funding Designate to Appropriate
I am writing to formally request that designated funds currently earmarked for Children’s
Playground Equipment (Line Item #20537 - 57798) in the amount of $25,000 be released from
designated to appropriated to support installment and completion of a pavilion for Civic Triangle
Children’s Playground.
The following lines would be used to complete the project:
#33723 — 55838
$40,000
(appropriated)
#20537 — 57798
$25,000
(request to appropriate)
#21237 - 57700
$31,380
(Gardiner Family donation)
TOTAL funding: $96,380
(quote established price of $96,380)
This project is slated to begin and finish in the Fall of 2025 if approved. Please see
specs of pavilion and quote attached.
Please let me know if additional documentation or formal action is required to process this
request. Thank you for your attention to this important matter.
PO Box 718, Medway MA 02053-0718
TEL 508-359-4200 / FAX 508-533-6342
Quotation Expires
8/9/2025
www.obrienandsons.com
Salesperson
Brian lafolla
Customer Name
— Ryan McNamara / Town of Waterford
Admin Asst
Karen Hanley
Tel, Email
mocnamara@waterfordct.org
PB
Version #
4
Civic Triangle Park - Waterford, CT
Salesperson
Pay Terms
‘Estimated Lead Time
Brian lafolla
brian_jafolla@obrienandsons.com
Net 30
16 - 20+ Weeks
Quantity.
| uct Vendor, Model:Number:
& Description
Unit Price.
Taxable? | Amount
Poligon
MAR-20X24MR:. Poligon marquee style steel
structure, 20'x 24' with multi-rib metal roof,8!
clearance. Anchor-boits included... Engineering
$45,030.00
$
"45,030.00
package included:
4
lot | Freight
$ 6,000.00
$6,000.00
Poligon Totai
$.'54,030,00
Instail Services
+Excavate.24':x.28' area
-Dig footing holes, pour concrete:footings
-Erect structure
4
lot {): :-Supply and spread grave! base for-concrete pad
=Form and. pour 24'x 28' concrete. pad
-General site cleanup
*Quoted using non-prevailing wage. rates
4
lot
Total Install Services
$ 45,350.00
$
45,350.00
Subtotal
| $
96,380.00
If you have any questions concerning this quotation, please contact your
Tax Rate
salesperson listed above.
Sales Tax | $
-
3/19/2025
niet:
mam 3:
96,380.00
ES
:
Please
Read the Attached TERMS & CONDITIONS
:
Page 1 of 5
required. Lead times may fluctuate due to the availability of raw materials at the time of order.
* The Purchaser is responsible for quantity, color, and product confirmation. Prices are based on
quantities fisted. Any change to quantities will impact prices quoted. Standard manufacturer's
design, colors, specifications, and construction apply unless otherwise noted.
* Prices do NOT include shipping charges, sales tax, resilient surfacing, assembly or installation
unless otherwise noted on quotation.
* Delivered prices do NOT include off-loading, lift-gate, inside delivery, reconsignment or
detention fees. If requested, additional charges will be added. (Lift gate service is a truck that has
a lift gate on the back to bring the skids to the ground. Once on the ground it is the receiver's
responsibility to move it from there.)
* M.E. O'Brien & Sons is NOT responsible for plan take-offs. All quantities, square footages,
thicknesses, etc. are the responsibility of the purchaser. Confirm and double check quantities
quoted. It is the responsibility of the purchaser to approve/purchase items “per plan’.
* Quote is based on information at time of bid/request. Any changes, updates, addenda, etc. may
require quote to be revised.
* It is expected that Approved Submittals should be returned to our office within 6O days of issue
to ensure that prices for these products can be held. Approved Submittals that exceed 60 days
before being returned may incur price increases.
» If installation is included, M.E. O'Brien & Sons is NOT responsible for buried underground
hazards including, but not limited to: ledge, unsuitable bearing soils, unmarked utilities, boulders,
construction debris and any other conditions beyond our control. Additional costs will apply.
« When O'Brien & Sons is supplying materials only, retainage does not apply.
* Enrollment in a software program tracker (such as Mwrap, CCIP or LCP) is NOT included. If
these are required, please advise the cost and the price will be added to the contract.
« Excludes any and all GC requirements not specifically spelled out in this quote.
« Returns require authorization and must be made within 30 calendar days of receipt of order.
Customer is responsible for a re-stocking fee of 20-50% (varies by manufacturer), plus shipping
charges (to and from) for all returned materials. Custom products or custom colored products are
NOT returnable. Shade Systems and lronsmith products are NOT returnable. Surfacing materials
are NOT returnable.
« Deliveries: When delivered, inspect entire shipment carefully, make note on delivery receipt of
ANY damage so a freight claim can be filed if damage is discovered after opening package(s).
Page 2 of 5
It is the responsibility of the client in possession of the quote to review the building code,
snow load and wind speed with the town building inspector to confirm compliance with the
reviewing jurisdiction and notify of us of any discrepancies prior to an order being placed and the
stamped drawings and calculations being created.
All permits and/or fees are the sole responsibility of the Owner or General Contractor.
INCLUDES anchor bolts on all shade structures.
DOES NOT INCLUDE:
* Electrical cut-outs (if required, provide quantity, size and location).
* Staining of wood and tongue & groove, unless otherwise noted.
* Engineered drawings are not site specific. If site specific engineered drawings are required, a
soil test will need to be provided by the customer prior to requesting engineered drawings.
* Engineered drawings are availabie in electronic format or hard copies.
NOTE: Custom products or custom colored products are NOT returnable.
LSI SKYWAYS
It is the responsibility of the client in possession of the quote to review the building code,
snow load and wind speed with the town building inspector to confirm compliance with the
reviewing jurisdiction and notify of us of any discrepancies prior to an order being placed and the
stamped drawings and calculations being created.
All permits and/or fees are the sole responsibility of the Owner or General Contractor.
INCLUDES anchor bolts on all shade structures.
* Engineered drawings are not site specific. If site specific engineered drawings are required, a
soil test will need to be provided by the customer prior to requesting engineered drawings.
« Includes Digital Drawings in electronic format only. Does NOT Include Digital Seals and Wet
Seals. They are available at an additional cost.
NOTE:
« Fabric must be removed should winds be expected to exceed 90 mph.
* Custom products or custom colored products are NOT returnable.
Page 3 of 5
stamped drawings and calculations being created.
All permits and/or fees are the sole responsibility of the Owner or General Contractor.
INCLUDES anchor bolts on all shade structures (unless otherwise specified).
DOES NOT INCLUDE:
* Electrical cut-outs (if required, provide quantity, size and location).
* Staining of wood and tongue & groove, unless otherwise noted.
* E3 engineered drawings are not site specific. If site specific engineered drawings are required,
a soil test will need to be provided by the customer prior
to requesting E3 engineered drawings.
* Engineered drawings are required and are available in electronic format or hard copies.
NOTE:
* Fabric must be removed should winds be expected to exceed 90 mph.
* Custom products or custom colored products are NOT returnable.
SHADE SYSTEMS
It is the responsibility of the client in possession of the quote to review the building code,
snow load and wind speed with the town building inspector to confirm compliance with the
reviewing jurisdiction and notify of us of any discrepancies prior to an order being placed and the
stamped drawings and calculations being created.
All permits and/or fees are the sole responsibility of the Owner or General Contractor.
DOES NOT INCLUDE:
* Anchoring hardware is NOT provided by Shade Systems.
* Engineered drawings are not site specific. If site specific engineered drawings are required, a
soil test will need to be provided by the customer prior to requesting engineered drawings.
* Engineered drawings are available in electronic format or hard copies.
NOTE:
* Fabric must be removed should winds be expected to exceed 90 mph.
* Shade Systems products are NOT returnable.
Page 4 of 5
Bill to:
Company / Dept
Name
Address
City, State ZIP
Phone
Email
PO#
Purchase Amount
Job Address
City, State ZIP
Is job tax exempt (Y/N)?
Customer Accepta
96,380.00
Ship to:
Company / Dept
Name
Address
City, State ZIP
24-Hr Contact Name
24-Hr Contact Tel #
24-Hr Contact Email
Date Wanted
Delivery Days/Hours
nce
Tax Exempt #
(Tax exempt certificate required)
The attached standard terms and conditions (the “Standard Terms and Conditions") form part of the Purchase Contract (the
"Purchase Contract") between yourself (the “Customer"), and M.E. O'Brien & Sons, Inc. ("O'Brien & Sons’). The Customer's
acceptance and understanding