Board of Selectmen Regular Meeting
agenda center agenda
| Board/Commission | Board of Selectmen |
|---|---|
| Meeting Date | July 07, 2026 |
| Pages | 116 |
| File Size | 6.3 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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Full Text (OCR Extracted)
AGENDA
ko B
BOARD OF SELECTMEN REGULAR MEETING _
Tuesday, July 7, 2026
5:00 PM
Waterford Town Hall (Auditorium)
(Procedural Action: Check register to be signed by the Board of Selectmen in
accordance with CGS 7-83)
1.
2.
3.
Call to Order & Roll Call:
Pledge of Allegiance
Public Comment:
Police Department: To cénsider and act on the following request for a FY26
Out-of-Series Transfer from the Chief of Police; David Ferland, in the amount
of $50,000 to offset the ongoing deficit inthe animal control budget and
forward ori to the Board of Finance if approved.
Fire Services: To cotisider and act on a request from the Director of Fire
Services, Chris Haley, for an additional appropriation of $45,233.43 to Line
#10123-51210 (Clerical/Technical) for an employee payout of accruéd time
off required by contract and if approved, forward to the Board of Finance as
required.
Fire Services: To consider and act upon awarding the Oswegatchie Fire
Alerting System contract to ‘US Digital Designs by Honeywell, in the total
amount of $162,214.27 from the Director of Fire Services, Chris Haley,
through Cooperative Purchasing. Funds available from Line #43323-57631
(Architectural/Engineering Fees).
Youth & Family Services: To consider and act on the following request for a
FY26 In-Series Transfer from the Human Services Administrator, Dani
Gorman, in the amount of $25,900 due to hours being charged to special
revenue incorrectly.
10.
11.
12.
13.
14.
15.
16
Various: To consider and act on the following request for a FY26 In-Series
Transfer from the Director of Finance, Kim Allen, in the amount of $25,000 to
cover retiree benefits/reimbursements incensements.
Various: To consider and act on the following request for a FY26 Out-of-
Series Transfer from the Director of Finance, Kim Allen, in the amount of
$261,744 to cover the cost of training new hires, increased ADP processing
fees, new software for grants management, contractual obligations for GGA
staff, increased phone & fuel costs, life insurance changes and additional
Overtime needed for blizzard cleanup and forward on to the Board of Finance
if approved.
Various: To consider and act on the following request for a FY¥27 Out-of-
Series Transfer from the Director of Finance, Kim Allen, in the amount of
$66,062 to cover automotive repairs and maintenance and forward on to the
Board of Finance if approved.
Various: To consider and act on the following request for a FY26 Out-of-
Series Transfer from the Director of Finance, Kim Allen, in the amount of
$56,000 to cover increased shifts at Quaker Hill Fire Station, increases in FICA
and Overtime due to winter storm cleanup and forward on to the Board of
Finance if approved.
Appointments & Resignations:
13a. The First Selectman has appointed John Bairos, (D) to the Economic
Development Commission, to fill the remainder of the term from 9/1/24-
8/31/28 as an Alternate.
New Business:
Old Business:
. Correspondence:
16a. FY26 4th Quarter 4.1.2026 thru 6.30.2026
18. Adjournment:
APPROVED
CURRENT
ACCOUNT
ACGOUNT
REVISED
Budget
Available
INCREASE
=
DECREASE
=
Avallable
Amount
Budget
Budgot
Line No.
Org, Code
Object Code
Qhject Description
4
10129
$1420
PATROL
3,802,234.00
267,855.61
{50,000.00}
217,855.61
2
20300
49000
ANIMAL CONTROL TRANSFER
50,000.00
50,000.00
TOTAL
50,000.00
(50,060.00)
Explanation
Savings seen in the FY2026 potice budget throughout the year through staff vacancies and other efficiencies. A portion is being transferred into the animal
control budget to offsel the ongoing deficit in this fund.
Department Head
Kim Allen
Director of Finance
First Selectman
Commission/Board Approval
Date
6/10/2026
Date
Dato
Date
Revised 9/9/20
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Subject:
Additional Appropriation; Employee Payout
Date
6/11/2026
Tam respectfully requesting an additional appropriation in the amount of $45,233.43 to line item 10123-
51210 Clerical/Technical. These funds are needed for an employee payout of accrued time off required by
contract. The employee’s last day of employment is June 29th, 2026.
Le
Be
Respectfully,
Christopher M. Haley.
Director of Fire Service
Mr. Rob Brule
First Selectman
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
Re: Contract Award through Cooperative Purchasing- OSWEGATCHIE FIRE
ALERTING SYSTEM
Dear First Selectman Brule:
In keeping with Section 3.08.010 of the Purchasing Ordinance- Cooperative Purchasing, the
Purchasing Department, on behalf the Oswegatchie Building Committee after due diligence
and careful consideration, is respectfully seeking the Board’s approval to Award the
contract for the Fire Station Alerting System to US Digital Designs by Honeywell in the
total amount of
$162,214.27,
Funds will be available from Line tem #43323-57631 Architectural/Engineering Fees.
Sincerely,
hee Qwy
ad
Shea Davy
Purchasing Agent,
Town of Waterford
Quotation to:
Waterford, CT
Waterford Fire Department
Project:
G2 Fire Station Alerting System
One (1) Dispatch Center & One (1) Station System
HGACBuy and USDD entered into a Cooperative Purchase Agreement for 9-1-1-Equipment & Emergency Notification Software and
Services - Contract #ECO7-23 on or about August 14, 2023, (the ‘Purchase Agreement’) which allows H-GAC members to purchase
USDD 'Products’ and 'Services' (as defined below), which agreement is made available by its terms for use by End User.
Roy Rich
Sr. Territory Manager
(240)-653-6416
(602)-687-1730
Roy.Rich@honeywell.com
stationalerting.com
The Customer is responsible for identifying any errors or omissions on this quote prior to placing the order.
This proposal is subject to corrections due to errors or omissions
#2026 Pricing*
spatc
ce te costs typ ca y o
y
eed to be assu
ed o ce pe d spatc
g age cy,
o
atte
o
a y stat o s a e d spatc ed (u
ess
edu da t ce te s o
u t e
modifications are needed}.
DISPATCH SYSTEM INTERFACES
Part No,
Description.
Quantity:
US List Unit.
Unit Puce
Extended Price.
:
CAD interface - Nexgen (USDD-side Only - Customer responsibility to
CAPFG
discuss CAD-side costs (if any) with their vendor)
LS
$5138 $13,870.24 §
13,870.24
DISPATCH SYSTEM COMPONENTS
Part No,
‘Gescription:
‘Quantity:
US List Unle:
‘Unit Price
2) Extended Price
G2-Gw
G2 Communications Gateway Pair (Primary FSA Servers)
1
$
1576260 %
1418634
$
14,186.34
camp
G2 Gateway Audio Radio Interface (GARD - Kitted with Rack-Mount
1
6
3e0889 §
346130 $
3461.30
Adapter Piate
GaRI2-008R + Consolette Motorola Interface Cable
1
$
300.00 $
270.00
$
270.00
DISPATCH SYSTEM SERVICES
Part Ho:
Description:
‘Quantity.
‘US List Unie.
‘Unit Price
Extended Price:
Gw-cM
Gateway Configuration & Modifications
50-8
373.75 $
336.38
$
16,819.00
Gateway Installation/ On-Site BY USDD (with direct coordinated
GW40
assistance by authorized customer CAD, Radio
& IT personnel)
2
$
3000.00 $
2,700.00 $
5,400.00
“5
Gateway Start-Up / On-Site BY USDD (with direct coordinated
GWSU-0
assistance by authorized customer CAD, Radio & IT personnel)
1
$s
TABAAA $
6,439.00 $
6,439.00
GWPM
Gateway Project Management
2.
8
3,869.78 $
3462.80 $
6,965.60
Teapiso
Training 7 System Administrator / Dispatch Supervisor - On-Site
is
525019 $
413327 §
413321
Taste
(aining- Station-Level Configuration and Equipment Usage - On-
1s
525019 §
nra327 §
3327
Site (4 Hours)
PROPRIETARY and CONFIDENTIAL,
PRIMARY DISPATCH SYSTEM
System Total:
Shipping Totat:
System Subtotal
76,878.02
139,00
77,017.02
Page
2 of 12
Part No.
Description
Quantity
US List Unit
Unit Price
Extended Price
[STANDARD] Ist Year Warranty & Support - Included with initial
Purchase
RS-LYR-STD
Technical phone support Monday through Friday from 08:00 to 17:30 MST, excluding USDD
10
¢
3,531.99 $
3,178.79
No Charge
holidays;
Remote access support Monday through Friday from 08:00 to 17:20 MST, excluding USDD
holidays;
RS-AVR-STD
[STANDARD] Each Additional Year (12-Months} Service & Support
50's
3.53199 $
3178.79 $
15,893.94
INDIVIDUAL DISPATCH SYSTEMS TOTALS
Primary Dispatch System Total:
$
77,017.02
_DISPATCH-LEVEL SUBTOTALS
ALL SYSTEMS SUBTOTAL:
76,878.02
ALL SHIPPING SUBTOTAL:
139.00
ALL SERVICE & SUPPORT:
15,893.94
ALL PRIMARY DISPATCH-LEVEL ESTIMATED TAX:
LL PRIMARY DISPATCH-LEVEL GRAND TOTAL:
92,910.96
This quote does not include or assume any amounts for sates or use tax, Customer needs to contact its procurement department to determine if sales or use taxis payable, and #f so, to make the
determination of the amaunt to be paid, Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from any purchase from USD.
PROPRIETARY
and CONFIDENTIAL,
Page
3 of 12
USDD Design Referenced:
USDD.CT_WFRD.ALL_STATIONS.FSA.2026.03,26
STATION SYSTEM LICENSES
Part No.’
Description
Quantity:
‘US List Unit
‘Unit Price:
Extended Price
G2VA
G2 VoiceAlert - Single Station License
1
$
1,504.91 $
135442 $
1,354.42
G2-APP-DLA
G2 Mobile FSAS App
240$
15.00 $
13.50
No Charge
STATION SYSTEM CONTROLLER
Part No.
Description
=
Quantity:
US List Unit.
‘Unit Price.
Extended Price.
AIX
G2 ATX Station Controtler
i
$
24,203.40
:'$.
21,783.06
$
21,783.06
UPS-STO
ATX UPS, Standard
i
$
1,048.17.-$
943.35
$
943.35
UPS-WMB
Walt-Mount for UPS (Shelf/ Bracket)
i
¢
7957
$
Ti6l $
TAGL
STATION SYSTEM PERIPHERAL COMPONENTS
TR
G2 HDTV Remote
2.
¢
1,121.50 $
1,009.35
$
2,018.70
PB-8
Push Button, Standard (Black)
1
$§
13283
$
119.55
$
119.55
PB-R
Push Button, Emergency (Red)
23
132.83
$
119.55
$
239.10
MR-2
G2 Message Remote 2
Leg
4,841.44 $
1,657.30
$
1,657.30
USDD-LCD-SIGN
G2 LCD Message Sign
i
$
3,150.00 $
2,835.00
$
2,835.00
MS-MNT
MS Mount - Articulating
1
¢
409.50
$
368.55
$
368.55
SPK-LED-FM
G2 Speaker - LED fltuminated, Flush Mount
9
¢
392.70
$
353.43
$
3,180.87
SPK-OAS
G2 Speaker - OmniAlertStrobe
1
s$
1,653.75
$
1,488,398 $
1,488.38
SPK-STD-FM
Speaker - Standard, Flush Mount
15°
$
138.92
$
125.03
$
1,875.45
SPK-W-SM
Speaker - Weatherized, Surface Mount
2
=«§
39244
$
353.20
$
706.40
STR-2
G2 Strobe Light / Red LED
1
¢$
694.58
$
625.12
$
625.12
STATION SYSTEM SERVICES
PaitNo
© © Description
:
Quantity
UstistUnit
2
Unit Bice”
© Extended Price
ST-SU
Station Configuration & Commissioning
i$
3,025.00 $
2,722.50 $
2,722.50
ST-PM
Station Project Management
1
$
1,650,00_$
1,485.00 $
1,485.00
ST-ES
Station Engineering & Design Services
1
$
825.00
$
742.50
$
742.50
ST-NCPM
New Construction Project Management
i$
5,000.00 $
4,500.00 $
4,500.00
CReates
Shipping
1
$
953.00 $
953.00
$
953.00
STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT
=
‘Quantity
UsListUnit
Unit Price |< Extended Price
PartNo.
© Description
[STANDARD] ist Year Warranty & Support - Included with Initial
Purchase
RS-LYR-STD
Technical phone support Monday through Friday from 08:00 to 17:30 MST. excluding USDD4.Qg.
4,362.98 $
3,926.69
No Charge
holidays;
Remote access support Monday through Friday from 08:00 to 17:30 MST, excluding USOD-
holidays;
RS-AYR-STD-
[STANDARD] Each Additianal Year (12-Months) Service & Support
50
$
4,362.99 $
3,926.69
$
19,633.45
OSWEGATCHIE STATION
Equipment Only: $39,266.86.
System:
$
48,716.86
Shipping:
-$
953.00
Service
& Support:
$
19,633.45
$
$
Estimated Tax:
Station Subtotal:
69,303.31
PROPRIETARY and CONFIDENTIAL
OSWEGATCHIE
Page 4 of
12
patty syste
o de ces, US
t be u ab e to
a
a t o suppo t t e syste
u t
e e
ad a c a ce te e e
dacu
e ted e g
ee
g assu
pt o s a d app o e syste
integrity. performance and reliability expectations.
Station System Installation Notes:
01 - Untess spacifically detaited in this proposal, no instalation by USDD or it’s subcantractors Is assumed or provided.
02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors.
03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontractors where needed.
04 - installation warranted by instaitation contractor - G2 FSAS warranted, serviced and supported by USDD.
05 - Untess specifically detaited in this proposal, installation to be performed during normal working hours.
OG - Unless specifically detaited in this proposal, no permit fees or material charges have been included.
07 - Unless specifically detaited in this proposal, no removal
or remediation has been assumed or included.
08 - Unless specifically detailed in this proposal,
no bonds of any type (performance, bid) have been assumed. included or budgeted for in this proposal.
09 - USOD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival
10 - Structural backing for system devices and olher millwork (not specifically detaiied) by others.
11 - ifappticable. Gas Contat Shutoff Valve Addendum (to USDD and instatlation contractor) must be signed prior to installation.
12 - Ailelectricat power, including (but not limited to) raceway, conduit, backboxes, service panels, high-voltage wiring and fixtures by others,
13 - All communications pathway infrastructure (network, radio, ete} by others unless specifically detailed in this proposal.
14- USDD cannot warrant nor support any owner- furnished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant
‘nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments.
15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage,
transportation, of handling by any party other than USDD shalt render this limited warranty null. void and of no further effect
PROPRIETARY and CONFIDENTIAL
OSWEGATCHIE
Page
5 of 12
SECTION TOTALS
[UNLESS OTHERWISE NOTED, ALL PRICES ARE $USD]
$
77,017.02
PRIMARY DISPATCH SYSTEM:
$
15,893.94
PRIMARY DISPATCH SERVICE
& SUPPORT:
Notes: One (1) Dispatch Center System currently included in this proposal.
Dispatch-Level Subtotal:
92,910.96
OSWEGATCHIE STATION SYSTEM:
$
49,669.86
OSWEGATCHIE STATION SERVICE & SUPPORT:
$
19,633.45
Notes: One (1) Station System included in this proposal with installation not included,
Station-Level Subtotal:
69,303.31
US Digital:Designs System Total:
$
162,214.27
(TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be
authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while
under warranty or elected recurring annual support, Support Agreements subject to change if system design is modified. For.
additional details, please review current USDD Warranty Statement and Service Agreement.
This quote does not include or assume any amounts far sales or.use tax. ‘Customer needs to contact its procurement department to
determine if sales or use tax is payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer ts
responsible for the payment of any sales or use.taxes owed from any purchase from USDD.
PROPRIETARY and CONFIDENTIAL
SECTION TOTALS
Page 6 of 12
L
ORDERS. Orders (inctuding any revised and follow-on orders) (each, an Order } for Honeywell Products are non-cancelable, except as
expressly set forth herein, and will be governed by the terms of the Agreement. All Orders are subject to acceptance by Honeywell and shall
Include the following information: purchase order number, customer's legal name and billing address; Customer's shipping address; and a
ist of the Products and quantities for each different type of Product Customer wishes to order. Honeywell's acknowledgment of its receipt
of an Order shail not constitute acceptance of such Order.
1.4
No Returns. Because of the nature of System and its Products, Honeywell cannot accept returns of Product for refund. credit, exchange or
any other purpose. Notwithstanding, defective Products may be returned as provided for under Section 9.4 — Return Material Authorization
Process. Customer must thoroughly assess its requirements and specifications prior to ordering
2.
REMITTANCES. Ail invoices shall be due and payable upon receipt in United States currency, free of exchange or any ather charges, or as
otherwise agreed in writing by Honeywell
3.
QUOTE PRICING. This proposal expires 90 days after its date. Prices are subject to correction for error. Prices, terms, conditions, and
Product or Service specifications are subject to change without notice. Pricing is subject to immediate change upon announcement of
Product discontinuance.
4,
PAYMENT.
4.1.
Invoicing & Payment. Honeywell reserves the right to invoice Customer monthly for all materials delivered. Invoices are due thirty (30)
days from the date of the invoice, unless prepayment is required in the quote. If the Customer becomes overdue in any progress payment,
Honeywell shall be entitled to suspend further shipments, shall be entitled to interest at the annual rate of 18%, or the maximum amount
allowed by lav, and shall also be entitted to avail itself of any other legal or equitable remedies. Customer agrees that it will pay and/or
reimburse Honeywell for any and all reasonable attorneys’ fees and costs which are incurred by Honeywell in the coltection of amounts due
and payable hereunder.
4.2.
Payment Disputes. Any disputes must be provided to Honeywell as soon as possible and must be accompanied by detailed supporting
information. Disputes as to invoices are deemed waived fifteen (15) days following the invoice date. In the event that any portion of an
invoice is undisputed, such undisputed amount must be paid by no iater than the invoice due date.
4.3,
No Set Off. Neither Customer nor any related entities (or representatives or agents thereof) shall attempt to set off
or recoup any invoiced
amounts or any portion thereof against other amounts that are due or may become due fram Honeywell, its parent, affiliates, subsidiaries
or other legal entities, business divisions,
or units.
4.4.
Credit Card Payments. All Honeywell quotes are devetoped for the Customer with the understanding that any purchase of the Products
listed thereon will facilitated using to Honeywell's standard Purchase Order and Invoice process. If Customer would rather seek to use a
Credit Card for purchase, then said order would be subject
to a 4% credit card surcharge.
5.
SURCHARGES.
5.1.
For avoidance of doubt, Orders placed prior to the Terms and Conditions Effective Date which have not been delivered, including those on
backlog or which requested delivery more than twelve (12) months from the date of Order, are subject to Surcharges.
5.2.
Honeywell will invoice Customer, and Buyer agrees to pay for any Surcharges pursuant to the standard payment terms in these Terms and
Conditions. If a dispute arises with respect to Surcharges and that dispute remains open for more than fifteen (15) days, Honeywell may, in
its sole discretion, withhold performance or future shipments, or combine any other rights and remedies under this Agreement or permitted
by law, until the dispute is resolved.
The terms of this Section shall prevail in the event of inconsistency with any other terms in these Terms
and Conditions. Any Surcharges, as well as the timing, effectiveness, and method of determination thereof, will be separate from and in
addition to any changes to pricing that are affected by any other provisions in these Terms and Conditions.
6.
CANCELLATION AND SUSPENSION. Any Order resulting from this proposal is subject to cancellation or instructions to suspend work by
the Custamer only upon agreement
to pay Honeywell for all work in progress, all inventoried or ordered project parts and materials, ang ail
other costs incurred by Honeywelt related to the Order.
7.
TAXES. Honeywell's pricing excludes all taxes (including but not limited to sales, use, excise, value-added, and other similar taxes), tariffs
and duties (including, but not limited to, amounts imposed upon the Product(s) or bill
of material thereof under any Trade Act, including,
but not limited to, the Trade Expansion Act, section 232 and the Trade Act of 1974, section 301) and charges (collectively “Taxes").
All Taxes
of any kind levied by any federal, state, municipal or ather governmental authority, which tax Honeywell
Is required to collect or pay with
respect to the production, sale,
or delivery of products sold to Customer, shall be the responsibility of and be invoiced to Customer, untess,
at the time of Order placement, Customer furnishes Honeywell with a valid exemption certificate or other documentation sufficient to verify
exemption from Taxes, including, but not limited to, a direct pay permit. Customer agrees to pay all such Taxes and further agrees to
reimburse Honeywell for any such payments made by Honeywell.
8.
SHIPPING/DELIVERY/RISK
OF LOSS.
PROPRIETARY and CONFIDENTIAL
STANDARD Ts&Cs
Page 7 of
12
8.3,
8.4,
4
9.2.
9.3.
entry of the Order, adjust the pricing of the Order
to conform to the then-current prices of the Honeywell Products included in the Order.
Honeywell
wilt include any repricing in its final invoice related to the Order.
Storage Fees. If delivery takes place more than six (6) months from the date of the entry of the Order, Customer agrees to pay Honeywell a
storage fee (the “Storage Fee’), as set forth In the quote, for each month after six (6) months from the date of the entry of the Order
Customer has not taken delivery of the Products in the Order. Honeywell will separately invoice any storage fees owed under this Section at
the end of each month for which the storage fees are owed.
Title & Risk of Loss. Unless otherwise specifically detailed in this quote, delivery terms for Products (excluding software and services) are (i)
EX Works (EXW Incoterras 2020) Honeywell's paint of shipment (Honeywell Dock’) for all shipments (except that Honeywell is responsible
for obtaining any export license), and Gi) F.0.B. Honeywell Dock for all domestic shipments. For shipments from a Honeywell Dock to a
Buyer location within the same country, the import/export provisions of the INCOTERMS do not apply. Honeywell shail be responsible for
obtaining insurance on each shipment
to Customer for the full value of the shipment. Shipment shall be to a single point of delivery.
LIMITED WARRANTY. CUSTOMER'S EXCLUSIVE REMEDIES AND HONEYWELL'S SOLE LIABILITY AS TO ANY WARRANTY CLAIM ON ANY
PRODUCT SOLO IN CONNECTION WITH THIS QUOTE IS AS SET FORTH IN THIS SECTION. SUCH REMEDIES ARE IN LIEU OF ANY OTHER
LIABILITY OR OBLIGATION OF HONEYWELL, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR OBLIGATION FOR DAMAGE, LOSS,
OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL) ARISING OUT OF OR IN
CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. CREDIT, REPAIR OR REPLACEMENT (AT
HONEYWELL'S OPTION) IS THE SOLE REMEDY PROVIDED HEREUNDER. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON
HONEYWELL UNLESS SET FORTH IN WRITING AND SIGNED BY
A HONEYWELL AUTHORIZED REPRESENTATIVE.
Product Warranty Terms
9.4.4. If Customer is purchasing a new System, ie., the initial System for Customer, or for a new Dispatch System or Station System. subject
to the terms, conditions and limitations contained herein, and unless Honeywell has othenvise provided an alternative
written warranty (in
which case the terms of such warrenty will control), Honeywell warrants and guarantees its products will be free from defects in
workmanship and materials (collectively, ‘Defects") for 12 months from Customer's ‘Commissioning Date” (Warranty Period’). This limited
warranty does not caver defects caused by normal wear and tear or maintenance. For purpases of subparagraph, ‘Cammissioning Date”
shall mean means the date on which an authorized Honeywell technician has inspected and approved installations, confirmed that all
connections and start-up configurations are properly working, and confirming the System can send and receive alerts through the
configured communication pathways.
9.1.2. If Customer is purchasing Products or services to add to or as replacement Products for an existing System, subject to the terms,
conditions and timitations contained herein, and untess Honeywell
has othenwise provided an alternative written warranty (in which case
the terms of such warranty
wilt contro, Honeywell warrants and guarantees its products for 12 months from the day of shipment to
Customer (‘Warranty Period"). This limited warranty does not cover defects caused by normal wear and tear or maintenance.
Product Defects. [fa Defect with a Product arises and a valid claim is made within the Warranty Period, Customer shall initiate the RMA
process as described below. Upon approval, Honeywell at its option, will either (1) repair the Praduct defect at no charge, using new parts
or parts equivalent to new in performance and reliability or (2) exchange
the Product with a Product that is new or equivalent to new in
performance and reliability and is at least functionally equivalent to the original Product. Any replacement Product or part, including
user-
installable part that has been installed In accordance with instructions provided by Honeywell, shall remain under warranty during the
Warranty Period or for ninety (20) days from the date of repair, whichever is longer. When a Product
or part is exchanged, any replacement
item becomes the Customer's property and the replaced item becomes the praperty
of Honeywell. Parts provided by Honeywell
in
fulfillment of its warranty obligation must be used in the same Honeywell Fire Station Alerting System for which the warranty claim is made.
Procedure for Warranty Claims.
9.3.1. Prior to making a Warranty claim, Customer is encouraged to review Honeywell's online help resources. Thereafter, to make a valid
claim hereunder, Customer must contact Honeywell technical support and describe the problem or defect with specificity. The first such
contact must occur during the Warranty Period, Honeywell's technical support contact information can be found on Haneywell’s web site
at https://buildings.honeywellcom/us/en/brands/our-brands/usdd, Customer must use its best efforts to assist in diagnosing defects,
follow Honeywell's technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve Honeywell of any
further obligation hereunder.
PROPRIETARY and CONFIDENTIAL
STANDARD Ts&Cs
Page
8 of £2
requests approved between 12:00 a.m. and 2:00 p.m. Mountain Standard Time are shipped on the same business day. After 2:00 p.m.
Mountain Standard Time, the replacement Hardware will be shipped on the next business day. All RMA requests are processed on the
business day on which the request was received, excluding holidays. Included with the shipped package will be return shipment
instructions and a pre-paid return shipping label for the Hardware that the Customer is returning. The original Hardware must be returned
in the shipping box provided by Honeywell. No goods will be accepted for exchange or return without a pre-approved RMA number, nor vill
goods which have not been properly packaged in Honeywell's shipping box, as proper packaging ensures that goods are not damaged
during the shipping process. The original Hardware must be shipped back within 10 days of receiving the replacement Hardware. Failure
to
return the original Hardware or failure to return the original Hardware in an appropriate manner
will cause Customer to incur a replacement
charge equal to full market vatue of the replacement Hardware.
95.
No Fautt Found, Customer understands that this fee is intended to discourage return of Products prior to proper troubleshooting or return
because the product is ‘old.” Product returns will not be allowed if, upon examination of the returned Product, it is determined that the
Product wes subjected to accident, misuse, neglect, alteration, improper installation, unauthorized repair, improper testing, or poor
packaging upon return, in such event, Honeywell shall invoice Customer for the full market value of the replacement Product.
9.6.
WARRANTY EXCLUSIONS & DISCLAIMERS.
9.6.1, Honeywell
dees not warrant that the operation of its Products or any related peripherais will be uninterrupted or error-free. Honeywell
further does not warrant nor support any system configuration that deviates from this specific quote’s documented station system design
file number.
9.6.2. Honeywell does not warrant or support any system not installed by G2 Trained & Certified installation technician (installer). If
Customer intends to tie this system into any 3rd-party system or devices, Honeywell will be unable to warrant or support the Products
unless Honeywell has had a chance to review documented engineering assumptions and approve system integrity, performance, and
reliability expectations
96,3, Honeywell is not responsible for damage arising from Customers failure to follow instructions relating to the use of the Products.
This Warranty does not apply to any Products, including the hardware or software, nat used for its intended purpose.
9.6.4. Honeywell cannot warrant nor support any system not using Honeywell-approved Uninterruptable Power Supply Battery Backup.
This Warranty does not apply
to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be
stibject exclusively to the manufacturer's warranty, if any. Recovery and reinstallation of hardware and user data (including passwords) are
not covered under this Warranty.
9.6.5, This Warranty does not apply: (8) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or
workmanship; (b) 1a cosmetic damage, including but not limited to scratches, dents and broken plastic on ports: (c) to damage caused by
use with non-Honeywell products; (d) to damage caused by accident, abuse, misuse, fload, tightning, fire, earthquake or other external
causes: (e) to damage caused by operating the Product outside the permitted or intended uses described by Honeywell; (f) to damage or
failure caused by installation or service (including upgrades and expansions) performed by anyone who is not @ representative of
Honeywell or a Honeywell authorized installer or service provider: (g) to a Product or part that has been modified to alter functionatity or
capability without the written permission of Honeywell; (h) to Software (as defined below}; (i) to any other damage caused by an event or
action outside of Honeywell's control, including, without limitation, Customer's failure to apply required or recommended updates or
patches to any Software or Product:
or (h) if any serial number has been removed or defaced,
9.6.6. The System is designed to generate and transmit signat-based outputs solely to supported third-party integrations (e.g., gas shut-
off systems, apparatus bay doors, and similar connected equipment).
96.7. Customer acknowledges and agrees that the System's functionality is strictly limited to the initiation and transmission of such
signals. The System does not control, monitor, verify, or guarantee the execution, performance, or outcome of any action by third-party
systems, devices, or integrations.
9.6.8. USDD by Honeywell warrants and supports only the transmission of signals from the System itself. Any actions taken for not taken)
by third-party systems in response to such signals are outside of USDD by Honeywell's control and responsibility.
9.6.9. USOD by Honeywell shall have no responsibility or liabitity for
- The failure, detay, malfunction, or improper operation of any third-party system or device:
- Any damages or losses arising from the actions or inactions of third-party integrations;
- Any uses of the System beyond its intended signal-transmission function,
9.6.10. All other functions, uses, or integrations not expressly supported by the System are outside the scope of this Agreement and are
not warranted or supported in any manner.
PROPRIETARY and CONFIDENTIAL
STANDARD Ts&Cs
Page 9 of
12
aa
12.
43,
14,
14h
45
PERMITTED BY LAW, HONEYWELL iS NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT
NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY: LOSS OF ANTICIPATED SAVINGS: LOSS OF
GOODWILL; LOSS OF REPUTATION: AND LOSS OF, DAMAGE
TO OR CORRUPTION OF DATA. HONEYWELL 1S NOT RESPONSIBLE FOR
ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY. ANY
COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH HONEYWELL
PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.
ALL PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF
THESE TERMS AND CONDITIONS, HONEYWELL'S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE
PURCHASE PRICE OF THE PRODUCTS PAIO BY CUSTOMER TO HONEYWELL FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
Honeywell disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without
risk to or loss of the programs or data stored thereon.
SERVICE AGREEMENT. The Product being purchased hereunder is not subject to any post-Wasranty service agreement or maintenance
program unless specifically contracted for between Honeywell and Customer. Honeywell offers a comprehensive post-Warranty Service
Agreement at additional cost. Customer should contact Honeywell regarding its Service Agreement and costs associated therewith.
SOFTWARE PRODUCTS. All software Products delivered by Honeywell to Customer or for which Honeywell provides access, including,
without limitation, Honeywell's mobile application software and Products with embedded software or firmware (collectively, “Software’) are
not sold and are licensed. At all times that Customer is in compliance with the terms of these Terms and Conditions and any other
agreement between the parties, Customer shall have 8 non-exclusive, non-transferable, fully paid license to use the Software, but only in
conjunction with the Products provided by Honeywell and Customers fire station alerting system (the ‘License’). The terms of such
Software License may be set forth in a separate software license agreement or end user license agreement provided by Honeywell with
such Software. {n no event shall Customer have any right to (or authorize or allow any third party to) distribute, sell, lend, rent, transfer, or
convey the Software; grant any sublicense, lease, or other rights in the Software; decompile, disassemble, reverse engineer, ar otherwise
attempt to reconstruct, identify, or discover any source code, underlying user interface architecture or techniques, or algorithms of the
Software by any means; of take any action that would cause the Software or any portion of it to be placed in the public domain. In the event
of a conflict between the terms of any Software ficense terms provided upon download or purchase a purchase and these Terms and
Conditions, the relevant Software license terms shail control solely with respect to such Software.
INTELLECTUAL PROPERTY: Customer hereby agrees and acknowledges that Honeywell owns ail rights, title, and interest in and to the
intellectual Property (as defined below). Customer agrees to nat remove, obscure, or alter Honeywell's or any third party's copyright notice,
trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Honeywell's
Product (as defined below). Nothing herein shall be deemed to give, transfer, or convey to Customer any rights in the Intellectual Property
other than the License, as set forth above. For purposes of this Section, ‘Intellectual Property’ means any and all rights of Honeywell
related to Honeywell's Products existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair
competition law, and any and all other proprietary rights, and any and
all derivative works, work product, applications, renewals, extensions
and restorations thereof, now or hereafter in force and effective worldwide,
FIRST ARRIVING MOBILE APP. if Customer wishes to use its First Arriving Mobile App (First Arriving’) with the System being acquired
from Honeywell, Customer agrees to the following:
Customer acknowledges that
it bears fult responsibility for complying
vith applicable law and regulations, including all privacy
requirements, and for providing any required notices and obtaining all required consents in order for Honeywell
to transmit alert to First
Arriving. Customer also acknowtedges that Honeywell bears no responsibility for any service failure by First Arriving, nor is Honeywell
responsible far supporting First Arriving’s services or platform. Honeywell is offering to transmit alerts that are transmitted through its
Honeywell service to First Arriving merely as a courtesy to Customer.
IN NO EVENT SHALL HONEYWELL BE LIABLE TO CUSTOMER FOR ANY CLAIMS, WHETHER ARISING FROM ANY INDEMNIFICATION
OBLIGATION HONEYWELL MAY HAVE OR THAT ARISE FROM A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
OPERATION OF LAW, OR OTHERWISE,
AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF THE LIABILITY OR THE
LIABILITY IS OTHEWISE FORESEEABLE, FOR ANY LOST PROFITS OR REVENUE, SPECIAL, INCIDENTAL, INDEIRECT, CONSEQUETIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING ALL DAMAGES DUE TO BUSINESS INTERRUPTION, LOSS OR
CORRUPTION OF DATA, OR LOST USE OF ANY PROPERTY OR CAPITAL) THAT RELATE TO OR ARISE OUT OF HONEYWELL'S
TRANSMISSION OF ALERTS TO FIRST ARRIVING. FURTHER HONEYWELL'S AGGREGATE LIABILITY IN CONNECTION WITH ITS
TRANSMISSION OF ALERTS 10 FIRST ARRIVING WILL BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY CUSTOMER TO
HONEYWELL IN ORDER FOR HONEYWELL TO TRANSMIT ALERTS TO FIRST ARRIVING OR $100.
REMOTE ACCESS TO THE SYSTEM.
PROPRIETARY and CONFIDENTIAL
STANDARD Ts&Cs
Page 10 of
12
15.3. Timely Access. Customers much ensure that remote access is available prior to notifying Honeywell
of a support request. In the event that
the Customer is unable to provide remote access, Honeywell
will nat be required to provide support outside those tasks that do not require
remote access, and any corresponding resolution response times will not apply.
15.4.
Physical Security Tokens. Honeywell has multiple software engineers that provide after-hours support and these engineers do not
typically take security tokens from the Honeywell office. If the customer requires the use of physical security tokens, this may delay after
haurs service.
16,
GOVERNING LAW. This proposat and any contract or agreement resulting therefrom will be governed by and construed accarding to the
laws of the State of Arizona without regard to its conflicts of law principles.
47.
DISPUTE RESOLUTION/ARBITRATION. Before either Honeywell or Customer
initiate any dispute resolution process related to the
Agreement, they must schedule an executive resolution conference to be held within thirty (30) days of receipt of the other party's written
request. The conference must be attended by at least one executive from each party. At the conference, each party will present its view of
the dispute in detail and the executives will enter into good faith negotiations in an attempt to resolve the dispute. If the dispute is not
resolved within fifteen (15) days of the end of the conference or if one party refuses to attend the executive resolution conference, then
Honeywell and Customer further agree that any remaining dispute between them arising out of or relating to this Agreement will be settled
by litigation with Jurisdiction being Maricopa County, Arizona.
18,
FORCE MAJEURE. Except for Customer's duty to pay sums due hereunder, neither party will be liable to the other for any failure to meet
its obligations due to any Force Majeure Event. As used herein, a “Force Majeure Event’ is one that
is beyond the reasonable control of the
non-performing party and may include, but is not limited to: (a) delays or refusals to grant an export license or the suspension or revocation
thereof, (b) embargoes, blockages, seizure or freeze of assets, of any other acts of any government that would limit a party's ability to
perform the Contract, (c) fires, earthquakes, floods, tropicat storms, hurricanes, tornadoes, severe weather conditions, or any other acts of
God, (d) quarantines, pandemics, or regional medical crises, (e) labor strikes, fockouts, or pandemic worker shortages, (D riots, strife,
insurrection, civil disobedience, landowner disturbances, armed conflict, terrorism or war, declared or not (or impending threat of any of the
foregoing, if such threat might reasonably be expected to cause injury to peopie or property), and (g) shortages or inability to obtain
materials of components. The party unable to fulfill its obligations due to Force Majeure will promptly (i) Notify the other in writing of the
reasons for its failure to fulfill ts obligations and the effect of such failure; and (ii) Use all reasonable efforts to avoid or remove the cause
and performits abligations.
Ifa Force Majeure Event results in a delay, then the date of peformance wilt be extended by the period of time that the non-performing
party is actually delayed or for any other period as the parties may agree in writing. In the event that a Force Majeure Event is ongoing for a
period of time which is sixty (60) days or longer, Honeywell may provide notice to Customer that it is cancelling its Order.
19,
ACCEPTANCE OF TERMS. This proposal shalt become a binding contract between the Customer and Honeywell when accepted in writing
by the Customer. Without limiting the foregoing, issuance by Customer of
a purchase order to Honeywell for any of the goods or services
herein described shall constitute acceptance.
19.1.
CUSTOMER CAUSED DELAYS. If the Products and/or Services purchased by Customer hereunder are part of
@ new system or station
implementation project
{the “Project’), Honeywell and Customer shail mutually develop a project schedule or timetable (Project
Schedule") Each party shall use commercially reasonable efforts to perform its obligations in accordance
with the Project Schedule,
subject to adjustments for reasonable changes or unforeseen events.
Honeywell shall not be tiabte for any delay, increased cost, or failure to perform to the extent caused by:
(i) delays in obtaining parts,
materials, equipment, services, or software from any Customer designated supplier; (il) Customer's failure to timely provide required
information, approvals, access, or resources; or (iii) any other act, omission, or circumstance caused by or within the reasonable control of
Customer (each, a ‘Customer Caused Delay’).
If a Customer Caused
Detay occurs, Honeywell shall be entitled to equitable adjustments to the price, delivery dates, milestones, and any
other affected terms to account for increased costs, delays, or other adverse impacts incurred by Honeywell Such adjustments may
include, without limitation: (a) increases in material or component costs required to complete the Project;
(b) costs associated with buy out
or long ead items, including additional costs due to currency exchange rate fluctuations; (c) increases in labor, mobilization, or installation
costs; and (d) costs associated with pre building, warehousing, storage, handling, insurance,
or preservation of equipment, at Honeywell's
discretion.
if performance of the Project is delayed for 8 cumulative period exceeding six (6) months beyond the scheduled Project completion date
due te Customer Caused Delays, Honeywell may. upon written notice to Customer,
(i) suspend performance of the affected Products
and/or Services until such delays are remedied, (ti) invoice Customer for reasonable costs incurred as a result of the suspension, and/or
{iti) require renegotiation of pricing, schedule, and other affected terms as @ condition to r