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the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned toa
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninsiall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

Page 6 af 6 March 15, 2016

Esri Inc
380 New York Street
Redlands CA 92373

Subject: Renewal Quotation

Date: 06/26/2019
To: Nick Miseirvitch
Organization: City of Nashua
GIS Dept
Fax #: Phone #: 603-589-3055

From: Carole Burge
Fax #: 909-793-4801 Phone #: 888-377-4575 Ext. 1825
Email: cburge@esri.com

Number of pages transmitted Quotation #25908657
(including this cover sheet): 5 Document Date: 06/26/2019

Please find the attached quotation for your forthcoming term. Keeping
your term current may entitle you to exclusive benefits, and if you choose
to discontinue your coverage, you will become ineligible for these valuable
benefits and services.

lf your quote is regarding software maintenance renewal, visit the
following website for details regarding the maintenance program benefits
at your licensing level

http://www. esri.com/apps/products/maintenance/qualifying.cfm

All maintenance fees from the date of discontinuation will be due and
payable if you decide to reactivate your coverage at a later date.

Please note: Certain programs and license types may have varying
benefits. Complimentary User Conference registrations, software support,
and software and data updates are not included in all programs.

Customers who have multiple copies of certain Esri licenses may have the
option of supporting some of their licenses with secondary maintenance.

For information about the terms of use for Esri products as well as
purchase order terms and conditions, please visit
http://www. esri.com/legal/licensing/softw are-license. html

If you have any questions or need additional information, please contact
Customer Service at 888-377-4575 option 5.

@
® 380 New York Street

Redlands, CA 92373 Quotation

Phone: 888-377-45751825
Fax #: 909-793-4801

Date: 06/26/2019 Quotation Number: 25908657 Contract Number: 319294

Send Purchase Orders To:
Environmental Systems Research Institute, Inc.
380 New York Street
Redlands, CA 92373-8100
Attn: Carole Burge

City of Nashua Please include the following remittance address
GIS Dept on your Purchase Order:

P.O. Box 2019 Environmental Systems Research Institute, Inc.
Nashua NH 03060 P.O. Box 741076

Attn: Nick Miseirvitch Los Angeles, CA 90074-1076

Customer Number: 152266

For questions regarding this document, please contact Customer Service at 888-377-4575.

Item Qty Material# Unit Price Extended Price

10

20

Per the terms and conditions in your Esri Enterprise License Agreement, your organization is required to provide
an annual usage report. This report should detail all deployments made under this agreement for your previous
term, and should be provided to Esri as an Excel spreadsheet.

The annual usage report must include actual license counts by product, licensee, and location.
Please return your report via email to ela_usage_reports@esri.com.
Thank you in advance for your prompt attention to this matter.

1 168179 50,000.00 50,000.00
Populations of 50,001 to 100,000 Small Government Term
Enterprise License Agreement
Start Date: 08/01/2019
End Date: 07/31/2020

1 160678 6,000.00 6,000.00
ArcGIS GeoEvent Server (Windows) Up to Four Cores Term License
Start Date: 08/01/2019
End Date: 07/31/2020

Quotation is valid for 90 days from document date.

Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current
tax exemption certificate issued by your state's taxing authority for the given jurisdiction.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or

invoice program.

Issued By: Carole Burge Ext: 1825

[BURGEC]
To expedite your order, please reference your customer number and this quotation number on your purchase order.

@ 380 New York Street

® Redlands, CA 92373
Phone: 888-377-45751825

Fax #: 909-793-4801

Quotation
Page 2

Date: 06/26/2019 Quotation Number: 25908657 Contract Number: 319294

Item Qty Material# Unit Price Extended Price
Item Subtotal 56,000.00
Estimated Tax 0.00

DUNS/CEC: 06-313-4175 CAGE: 0AMS3

Total USD 56,000.00

[BURGEC]

@ 380 New York Street

® Redlands, CA 92373 Quotation
B Phone: 888-377-45751825 Page 3

Fax #: 909-793-4801

Date: 06/26/2019 Quotation Number: 25908657 Contract Number: 319294
Item Qty Material# Unit Price Extended Price

IF YOU WOULD LIKE TO RECEIVE AN INVOICE FOR THIS MAINTENANCE QUOTE YOU MAY DO ONE OF THE FOLLOWING:
@ RESPOND TO THIS EMAIL WITH YOUR AUTHORIZATION TO INVOICE

e SIGN BELOW AND FAX TO 909-307-3083

e FAX OREMAIL YOUR PURCHASE ORDER TO 909-307-3083/Service@esri.com

REQUESTS VIA EMAIL OR SIGNED QUOTE INDICATE THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR
ORGANIZATION AND THAT YOUR ORGANIZATION DOES NOT REQUIRE A PURCHASE ORDER.

If there are any changes required to your quotation please respond to this email and indicate any changes in your invoice
authorization.

If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees
from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date.

The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific
scope of use document found at http://assets.esri.com/content/dam/esrisit es/media/legal/
product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any
item quoted, then Esri's standard terms and conditions found at
http://assets.esri.com/content/dam/esrisites/media/legal/ma-full/ma-full .pdf apply to your purchase of that item. Federal
government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s
GSA Federal Supply Schedule. Supplemental terms and conditions found at

http://w ww.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms
of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings.
Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or
additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by
law, the quotation information is confidential and may not be copied or released other than for the express purpose of
system selection and purchase/license. The information may not be given to outside parties or used for any other purpose
without consent from Esri. Delivery is FOB Origin.

[BURGEC]

e 380 New York Street

® Redlands, CA 92373 Quotation
Phone: 888-377-45751825 Page 4

Fax #: 909-793-4801

Date: 06/26/2019 Quotation No: 25908657 Customer No: 152266 Contract No: 319294
Item Qty Material# Unit Price Extended Price

In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g.
MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.

By signing below, you are authorizing Esri to issue a software support invoice in the amount of
USD plus sales tax, if applicable.
Please check one of the following:

| agree to pay any applicable sales tax.

| am tax exempt. Please contact me if Esri does not have my current exempt information on file.

Signature of Authorized Representative Date

Name (Please Print) Title

[BURGEC]

wwe
V 7 Final Design Services for Downtown Riverfront {mplementation

Final Plans:
VHB will develop the following 90% design plans:

e General plan at a scale of 1"=30'. This plan will include geometric layout
information and applicable construction notes for the proposed improvements.

e Signing and Striping Plan at a scale of 1”=30'. This plan will define the proposed
pavement marking types and dimensions and will depict proposed signs.

e Details. Construction details will be included for ttems that are unique to this
project component. These are anticipated to include details such as: curb
installation, sidewalk cross section, pedestrian ramps, sign installation, and others.

e = Traffic signal modifications: This will likely include schematics showing the existing
signals and proposed modifications.

If any new lighting is proposed for Water Street VHB will provide the Water Street design
files to the City’s lighting and electrical consultants for them to develop lighting and

electrical plans.

Following City review of the 90% plans VHB will provide 100% contract plans for use by the
City’s CM for procurement of construction contractors,

VHB will provide any special provisions required for the Water Street project area that are
not covered by the NHDOT Standard Specifications.

VHB’s understanding is that the CM and not VHB will develop quantity and cost estimates
and bidding documents.

VHB will provide support to the Construction Manager during its construction
procurement efforts primarily by answering RFls. Any redesign at this stage would be
covered by contract amendment. Construction phase services are not included herein.

COMPENSATION

VHB will perform the Scope of Services on a time and materials basis. The estimated Upset Limit
for this Scope of Services is $ 26,730.00. including labor, overhead, profit and direct expenses.
VHB direct expenses will be billed at their actual cost without markup.

Water Street Final Design:

VHB Labor Total: $ 26,230.00
Estimated Expenses: $ 500.00
Amendment Total $26,730.00

The execution of this amendment provides authorization for the services described above.

REPORT OF THE FINANCE COMMITTEE

JULY 10, 2019

A meeting of the Finance Committee was held on Wednesday, July 10, 2019, at 7:00 p.m. in the Aldermanic
Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman Michael B. O’Brien, Vice Chair
Alderman-at-Large Brandon Michael Laws
Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee
Alderman June M. Caron
Alderman Linda Harriott-Gathright

Also in Attendance: Kim Kleiner, Director, Administrative Services
John Griffin, CFO/Comptroller
Dan Kooken, Purchasing Manager

PUBLIC COMMENT

Mayor Donchess

Please come forward and give your name and address into the microphone and then proceed. But you have a
communication? Brandon is going get that and pass it around. So we will accept those when we get the
communication. Is there enough for everyone?

Alderman Klee

It’s just for Shoshanna | think.

Mayor Donchess

Now just before you begin, just introduce yourself by name and address?

Gary Braun

My name is Gary Braun, 9 Monza Road in Nashua. | have lived here with my wife Nancy since 1991. | am
semi-retired; I’ve been a lawyer for almost 30 years. I’ve already provided the Aldermen generally with two
letters, one was dated May 17" 2019 and the second dated July 9, 2019. The first one went to all the
Aldermen; the second one just went to the members of the Committee. And | would like to add to those on the
record along with this written statement.

We've had cats living with us for almost of all the time we have resided in Nashua. In September 2017 one of
our neighbors used a live trap to trap one of our cats. The neighbor claimed that our cat was harassing a cat
living with the neighbor; it may be that the neighbor thought our cat was feral. We were informed that a high
ranking officer of the Nashua Police Department advised our neighbor to obtain the live trap from the Humane
Society of Greater Nashua. Our neighbor called the Police Department’s Animal Control Officer after catching
our cat in the live trap. The ACO took possession of my cat, that is he seized the cat, transported the cat to the
Humane Society and impounded her there pursuant to a form which was entitled “Nashua Municipal
Impoundment Claim Form For Police or ACO”. That document is attached to my letter dated May 17°.

Finance Committee - 07/10/2019 Page 2

A box is checked on the form indicating that the cat was impounded as a stray and/or for running at large.
Based on these facts it is and has always been my position that my cat was impounded by the City and the
ACO on the basis that she was a stray or because she was running at large.

The ACO and the Humane Society do God’s Work in my opinion by caring for animals. But the ACO and the
City’s actions must be consistent with the authority provided the City by Law as well as with public
pronouncements made by the City with respect to animal control issues. | feel that there were and are a
number of significant issues associated with the manner and circumstances under which my cat was
impounded including on the basis of reporting a stray or running at large.

First and please be aware of the information on the Police Web Site covering Frequently Asked Questions
regarding Animal Control and a copy of that page that | printed down from the web site is attached to my July 9
letter. | printed that letter out on July 9 so the information is current. It is the information that is currently
available with the public in Nashua and it was the same information that was there in September of 2017 when
my cat was impounded. As you can see or as you will see, the web page expressly provides that cats are not
subject to a leash law. The web page further provides that cats are not required to be licensed. Lastly and
perhaps most importantly the web page provides expressly that there is no law prohibiting cats from running at
large.

If the information on the Police web site is accurate, then | ask you why my cat was impounded as a stray or
for running at large. If the info on the web site in accurate then the citizens of the City are not being properly
advised what the law is regarding cats in the City. To me it is fundamentally unfair to leave cat owners to
believe that their cats may run free, including off of the owner’s property when, in fact, the City or the Police in
practice are impounding cats for running at large or as strays. Second the City’s Animal Control Ordinance
which | think is Article 93, on its face authorizes only the impounding of dogs as strays or for running at large
and maybe chickens, |’m not sure of that. Conversely, the Ordinance does not authorize the City to impound a
cat as a stray or for running at large. State Law is similar in that provides that dogs only maybe as strays or for
running at large and then only pursuant to the State Statute and the Licensing Law for dogs adopted by the
municipality. | do agree that the State Law allows cat to be impounded for having rabies, but that’s not the
issue here. With all respect intended our Government’s powers are limited to what the law and the State
Constitution provides to the Government in way of power. Here the City is not authorized legally in my opinion
under current State Law and municipal ordinance to impound cats as strays or for running at large. If the City
wants to do so, or in fact is doing so as a matter of practice, then it should modify its animal ordinance to
provide for such and the Ordinance would serve to put cat owners on notice that their cat may not go off of
their property without the possibility of being seized and impounded by the City and its ACO.

Third and as mentioned the City has no licensing law for cats. The purpose for the licensing law for animals in
my view include 1) assuring the City knows which animals reside in the city and that they are properly
vaccinated, informing animal owners of the need to vaccinate, informing animal owners of conduct by their
animals that is violative of City Law. Putting animal owners on notice for penalties for violations of the
ordinance or related City Law including monetary penalties, penalties involving seizure and impounding of
animals, requiring that licensed animals be identifiable in some fashion including so the City can provide notice
to the owner of the seizure of the animal. And providing the City with a data base maintainable by and
available to the City so it can provide such notice to the owners of seized animals. All of these things are
absent given the lack of a licensing law for cats in Nashua. If the City is going to seize and animals, including
cats or ferrets for running at large or as strays, they should first license those animals including so the City has
a way to allow the seized animal’s owner to retrieve their pet.

Fourth and finally, the lack of a licensing law for cats and the associated mechanism for identifying cats so
owners can be advised of their seizure poses the potential that the City will seize an animal and deprive its
owner of possession of the animal in a way that violates the owners’ due process rights under the 14""
Amendment to the Federal Constitution. Animals are personal property under New Hampshire Law. The
Federal Constitution requires several things when the citizen’s property is seized by the Government. One is
that the owner of the property must be properly informed prior to the seizure that the law permits seizure of the
property, in this case an animal, under certain circumstances and what those circumstances are. Once the

Finance Committee - 07/10/2019 Page 3

seizure of personal property occurs, the Government Entity which seized the property must notify the owner of
the seizure and must provide some mechanism whereby the owner can at least attempt to retrieve their cat
from the Government. At minimum the lack of a licensing law for cats means the City has no way to identify the
cat that has been seized, so the City is unable to provide notice to the owner of the seizure and the opportunity
to recover the cat from the City.

Based on all of this | submit that the City’s action in impounding cats as strays or for running at large exceeds
and is beyond the City’s legal authority as provided by existing law. Such practice or conduct is also
unconstitutional or potentially so in my view because depriving the cat without a license fails to allow the City to
identify the owner and give that owner notice of the loss of their personal property. In fact RSA 466:13A
expressly provides that municipalities may license cats and if they do the same penalties can be applied to
cats as are applied to dogs. Such penalties would presumably include seizing and impounding a cat as a stray
or for running at large if the stray from their owner’s property. If the City wants to regulate cats as they do
dogs, then the City is free to create a program for licensing and to modify its animal control Ordinance to
include specific and expressed restrictions on licensing cats and for imposing penalties for violations of those
restrictions.

As l’ve said in my letters I’ve tried to fix this issue by meeting and speaking with the City at the time my cat was
seized and impounded in 2017. | had thought | had resolved this issue quietly and privately. At the time in
2017 | was assured by Corporate Counsel that it was not the practice of the Police to impound cats as strays
and that the situation involving my cat was an aberration. | was promised that the Police would never do this to
my cat again. | accepted those representations. | also convinced the City to change the then existing contract
with the Humane Society to remove language from the contract regarding impounding cats as strays at the
Humane Society. The revised contract without language about impounding cats and ferrets is dated
December 2017. The City agreed to and did in fact remove such language but inexplicably reinserted the
language into the contract wen the contract came up for July 2018. | have asked the Mayor and Corporate
Counsel for months now why the 2018 contract reverted to the old contract with the language. | have never
received answer Mr. Mayor and instead | feel | have been stonewalled by you Mr. Bolton.

| have come to the Finance Committee because you are the appropriations arm of City Government and must
approve the currently proposed contract with the Humane Society. Once again the Mayor has included
language in the proposed contract before you regarding impoundment of cats and ferrets as strays. As |
noted, impounding cats and ferrets as strays or for running at large under current State and City Laws is both
unconstitutional when applied. Since the City is not legally authorized to seize and impound cats as strays or
for running at large, the City may not enter into a contract with a third party to carry out such illegal or
unconstitutional purposes or actions. The Committee should therefore reject the current contract as structured
The contract could be approved by the Committee by simply removing or striking the language in Section 1 of
the proposed contract regarding impounding cats and ferrets and strays.

The Committee should also use its power to reject the contract as currently proposed as a check and balance
on the Mayor and his Administration. The Mayor and City, like every other person an entity in the state and in
this country are subject to the rule of law and are prohibited from engaging in illegal acts or unconstitutional
acts. There’s a typo here in my thing.

Please note, | am not asking the Committee or the City reduce or otherwise modify the compensation to be
paid to the Humane Society under the contract for any reason or in any amount. Thanks for your
consideration.

Dr. Stephanie Wolf Rosenblum

Thank you very much Mayor, Aldermen. My name is Dr. Stephanie Wolf Rosenblum and | reside at 47
Berkeley Street in Nashua. | am here as a member of the Board of Health. | am not in a position to speak to
the legal issues surrounding what the gentleman spoke to. | also am not familiar with what is on the web site
or what the communication is. However, as the Aldermen consider what is appropriate, | would bring to
attention several things. One is that cats do represent a mode of transmission of infections.