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City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

March 30, 2022
Memo #22-254

TO: Mayor Donchess
Finance Committee

SUBJECT: Assessing Data Dashboard Consulting Services in the amount not to exceed $82,040
funded from 55699 Other Contracted Services/Revaluation Bond

Please see attached communications from Kimberly Kleiner, Director of Administrative Services, dated
March 29, 2022 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:

Item: Consulting for the development of a public facing dashboard to access property
assessment data

Value: $11,500/month not to exceed a total of $82,040

Vendor: Environmental Systems Research Institute

Department: 132 Assessing
Source Fund: 55699 Other Contracted Services/ Revaluation Bond

Ordinance: Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting,
architectural, auditing, engineering, legal, medical and ambulance services and
purchases of independent professional consultant services for personnel, data
processing, actuarial, planning, management and other comparable purchases
competitive bidding shall not be required.

The Administrative Services Dlvision: Assessing Department, and the Purchasing Department respectfully
request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: K Kleiner
J Graziano

City of Nashua

Administrative Services Division (603) 589-3020
229 Main Street - Nashua, NH 03060

To: Mayor Donchess
Finance Committee

Date: March 29, 2022
Re: ArcGlS Hub, Equitable Property Value, and Revaluation Solution Configuration Support

This request is for the configuration of a public accessible Assessment Evaluation dashboard.

Funding: Assessing 2300.32.20.10 Revaluation for $82,040

This proposal with Environmental Systems Research Institute, Inc. (Esri) Professional Services, will
provide the City of Nashua with consulting services to use our existing GIS system and Assessing
CAMA to configure a public facing City-wide Property Revaluation Solution. In an effort to assist our
residents and provide data that can be easily searched, the tool will also assist with providing values
for similar properties in a neighborhood, current vs. new assessments, and parcel sales and
assessment values over multiple years. The dashboard will leverage Nashua’s existing ArcGIS Online
system. Also included in the project is the creation of an Equitable Property Value Solution consisting
of apps and maps to assist with Property Tax Assessment Appeals and a Tax Liability Calculator.

ESRI consultants will assist with training existing staff in the maintenance of the dashboard and
uploading of data in the future. We expect the tool to be complete in time for the Revaluation
public hearings in an effort to provide residents with more information regarding their new
assessments.

Kimberly Kleiner
Administrative Services Division Director

Ce: K. Parkinson

CONTRACT FOR PROFESSIONAL SERVICES

ARCGIS Hub, Equitable Property Value and Revaluation
Solution Configuration Support

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

Environmental Systems Research Institute, Inc.

and its successors, transferees and assignees (together “Professional Consultant” or Esri)

380 New York Street
Redlands CA 92373
ADDRESS OF PROFESSIONAL
CONSULTANT

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Consultant; and

WHEREAS, it is deemed that the services of a Professional Consultant herein specified are
both necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Consultant represents they are duly qualified, equipped, staffed,
ready, willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1, DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and are
made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written change
order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the written change

order or the fully executed City of Nashua Purchase Order shall control over the terms of the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Consultant
shall furnish all services, equipment, and materials and shall perform all operations necessary and

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required to carry out and perform in accordance with the terms and conditions of the contract the work
described.

3. PERIOD OF PERFORMANCE. Professional Consultant shall perform and complete all work within the time
periods set forth and may only be altered by the parties by a written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Professional Consultant shall
begin performance upon receipt of an Executed Contract and_a valid Purchase Order issued from the City
of Nashua.

4. COMPENSATION. Professional Consultant agrees to perform the work for a total cost not to exceed

Eighty Two Thousand and Forty Dollards ($82,040)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or unless Professional Consultant has received a written exemption from the City of
Nashua. Professional Consultant shall submit monthly requests for payment for services performed
under this agreement shall be submitted as follows:

me Electronically via email to VendorAPInvoices@NashuaNH.gov

OR

me Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and must
include a detailed summary of the expenditures reported in a form that supports the approved budget.
Specifically, Professional Consultant agrees to provide the following with each request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a listing
of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description of
the work accomplished, problems experienced, upcoming work, any extra work carried out, and a
schedule showing actual expenditures billed for the period, cumulative total expenditures billed and
paid to date under the contract, and a comparison of cumulative total expenditures billed and paid
to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Professional Consultant. The City of
Nashua will pay Professional Consultant within 30_days of approval by the City of Nashua of the submitted
invoice forms and progress reports. The City of Nashua will make no payments until the invoice forms and
progress reports have been submitted andapproved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

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6. NOTICES. All notices, requests, or approvals required or permitted to be given under
contract shall be in writing, shall be sent via email, and shall be addressed to:

CITY OF NASHUA
REPRESENTATIVE:

Kim Kleiner, Director

Division of Administrative Services

229 Main Street

Nashua, NH 03062
Email: kleinerk@nashuanh.gov

Contact:

Ben Schmitz

Esri Professional Services
35 Village Road, Suite 501
Middleton, MA 01949
978-777-4543 x8432
bschmitz@esri.com

ESRI CONTRACTUAL
REPRESENTATIVE:

Vicky Perez

Contract Administrator

Esri Professional Services, Contracts
Email: vperez@esri.com

380 New York Street

Redlands, CA 92372

this

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be

legally bound thereby.

Tamsa Greening

(signature)

James Donchess, Mayor
City of Nashua

Date:

(signature)

Tamisa Greening Managing Attorney, Contracts & Legal

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Environmental Systems Research Institute, Inc.

Date. Mar 23, 2022

AnD YM PF YN PF

EXHIBIT A TABLE OF

CONTENTS GENERAL
CONDITIONS
DEFINITIONS
PROFESSIONAL CONSULTANT STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR

DISCREPANCIES
TERMINATION OF CONTRACT
DISPUTE RESOLUTION

NO DAMAGES FOR DELAY
INSURANCE
INDEMNIFICATION

FISCAL CONTINGENCY
COMPENSATION
COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION
ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING

CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE

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1.

2.

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Consultant”, and its
successors, transferees and assignees (together “Professional Consultant”) includes any of the
Professional Consultant's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL CONSULTANT STATUS The parties agree that Professional Consultant shall have
the status of and shall perform all work under this contract as a Professional Consultant, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only contractual
relationship created by this contract is between the City of Nashua and Professional Consultant, and
nothing in this contract shall create any contractual relationship between the City of Nashua and
Professional Consultant's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that Professional Consultant is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City ofNashua;

(3) Participation in group insurance plans which may be available to employees of the
City of Nashua;

(4) Participation or contributions by cither the Professional Consultant or the City of
Nashua to the public employee’s retirementsystem;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Consultant shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this contract.
Professional Consultant warrants that all work shall be performed with the degree of professional
skill, care, diligence, and sound practices and judgment that are normally exercised by recognized
professional firms with respect to services of a similar nature. It shall be the duty of Professional
Consultant to assure at its own expense that all work is technically sound and in conformance with
all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. In addition to all other rights which the City of Nashua may have, Professional
Consultant shall, at its own expense and without additional compensation, re-perform work to
correct or revise any deficiencies, omissions, or errors in the work or the product of the work or
which result from Professional Consultant's failure to perform in accordance with this standard of
care. Any approval by the City of Nashua of any products or services furnished or used by
Professional Consultant shall not in any way relieve Professional Consultant of the responsibility for
professional and technical accuracy and adequacy of its work. City of Nashua review, approval, or
acceptance of, or payment for any of Professional Consultant's work under this contract shall not
operate as a waiver of any of the City of Nashua’s rights or causes of action under this contract, and
Professional Consultant shall be and remain liable in accordance with the terms of the contract and
applicable law.

Professional Consultant shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Professional Consultant to perform work under this contract. Approved key personnel shall not be
taken off of the project by Professional Consultant without the prior written approval of the City of
Nashua, except in the event of termination of employment. Professional Consultant shall, if
requested to do so by the City of Nashua, provide a replacement on the job for any personnel whom
the City of Nashua determines to be incompetent, dishonest, or uncooperative.

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CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by Professional
Consultant, and any other communication about the contract shall be addressed or be delivered to
the City of Nashua Representative.

CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Professional Consultant's
performance under the contract. Professional Consultant shall provide to the City of Nashua within
10 calendar days, a written proposal for accomplishing the change. The proposal for a change shall
provide enough detail, including personnel hours for each sub-task and cost breakdowns of tasks,
for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua will then
determine in writing if Professional Consultant should proceed with any or all of the proposed
change. If the change causes an increase or a decrease in Professional Consultant's cost or time
required for performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Professional Consultant for adjustment
under this clause shall be asserted in writing within 30 days of the date the City of Nashua notified
Professional Consultant of the

change.

When Professional Consultant seeks changes, Professional Consultant shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the City
of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing if
Professional Consultant should proceed with any or all of the proposed change.

Except as provided in this paragraph, Professional Consultant shall implement no change unless the
City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the provisions
of this contract shall apply to all changes. The City of Nashua may provide verbal approval of a
change when the City of Nashua, in its sole discretion, determines that time is critical or public
health and safety are of concern. Any verbal approval shall be confirmed in writing as soon as
practicable. Any change undertaken without prior City of Nashua approval shall not be
compensated and is, at the City of Nashua's election, sufficient reason for contract termination.

CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate with
Professional Consultant in the performance of its work under this contract and that such personnel
will be available to Professional Consultant for consultation at reasonable times and after being given
sufficient advance notice that will prevent conflict with their other responsibilities. The City of
Nashua also agrees to provide Professional Consultant with access to City of Nashua records in a
reasonable time and manner and to schedule items that require action by the Board of Aldermen
and Finance Committee in a timely manner. The City of Nashua and Professional Consultant also
agree to attend all meetings called by the City of Nashua or Professional Consultant to discuss the
work under the Contract, and that Professional Consultant may elect to conduct and record such
meetings and shall later distribute prepared minutes of the meeting to the City of Nashua.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Consultant warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to Professional
Consultant. All future questions Professional Consultant may have concerning interpretation or
clarification of this contract shall be submitted in writing to the City of Nashua within 10 calendar
days of their arising. The writing shall state clearly and in full detail the basis

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for Professional Consultant's question or position. The City of Nashua representative shall render a
decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any work
affected by a conflict, error, omission, or discrepancy which has been performed by Professional
Consultant prior to having received the City of Nashua's resolution shall be at Professional
Consultant's risk and expense. At all times, Professional Consultant shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract
or determination of the City of Nashua. Professional Consultant is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its failure to
do so.

TERMINATION OF CONTRACT

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

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

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

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

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

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

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

In the event of a termination, abandonment, or suspension at will, Professional Consultant shall
receive all amounts due and not previously paid to Professional Consultant for work satisfactorily
completed in accordance with the contract prior to the date of the notice and compensation for work
thereafter completed as specified in the notice. No amount shall be allowed or paid for anticipated
profit on unperformed services or other unperformed work.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day’s written notice to Professional Consultant in the event of a failure by Professional
Consultant to adhere to any or all the terms and conditions of the contract or for failure to
satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient progress on
the work in a timely and professional manner. Professional Consultant shall be given an opportunity
for consultation with the City of Nashua prior to the effective date of the termination. Professional
Consultant may terminate the contract on 10 calendar days written notice if, through no fault of
Professional Consultant, the City of Nashua fails to pay Professional Consultant for 45 days after
the date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Professional Consultant shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the City of Nashua with a list of all unperformedservices.

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

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

5. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the City of Nashua to resume performance.

In the event of a termination for cause, Professional Consultant shall receive all amounts due and
not previously paid to Professional Consultant for work satisfactorily completed in accordance with
the contract prior to the date of the notice, less all previous payments. No amount shall be allowed
or paid for anticipated profit on unperformed services or other unperformed work. Any such
payment may be adjusted to the extent of any additional costs occasioned to the City of Nashua by
reasons of Professional Consultant's failure. Professional Consultant shall not be relieved of liability
to the City of Nashua for damages sustained from the failure, and the City of Nashua may withhold
any payment to the Professional Consultant until such time as the exact amount of damages due to the
City of Nashua is determined. All claims for payment by the Professional Consultant must be
submitted to the City of Nashua within 30 days of the effective date of the notice of termination.

If after termination for the failure of Professional Consultant to adhere to any of the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua,
to complete or make sufficient progress on the work in a timely and professional manner, it is
determined that Professional Consultant had not so failed, the termination shall be deemed to have
been a termination at will. In that event, the City of Nashua shall, if necessary, make an adjustment
in the compensation paid to Professional Consultant such that Professional Consultant receives total
compensation in the same amount as it would have received in the event of atermination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party or
otherwise. In the event Professional Consultant shall cease conducting business, the City of Nashua
shall have the right to solicit applications for employment from any employee of the Professional
Consultant assigned to the performance of thecontract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or future,
which is beyond the reasonable control of such party. Delays arising from the actions or inactions
of one or more of Professional Consultant's principals, officers, employees, agents, subcontractors,
consultants, vendors, or suppliers are expressly recognized to be within Professional Consultant's
control.

DISPUTE RESOLUTION The parties shall attempt to resolve any dispute related to this contract as
follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation between the City of Nashua Representative and a Professional Consultant
Representative. At all times, Professional Consultant shall carry on the work under this contract and
maintain and complete work in accordance with the requirements of the contract or determination
or direction of the City of Nashua. If the parties are unable to resolve their dispute

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