Finance Committee — 04/06/2022 Page 7
The Finance Committee meeting was adjourned at 7:21 p.m.
Alderman Alex Comeau
Committee Clerk
IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be
legally bound thereby.
City of Nashua, NH (signature) CONTRACTOR (signature)
James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)
Date Date
Page 12 of 12
R\ THE CITY OF NASHUA “The Gate City
Financial Services
Purchasing Department
July 28, 2016
Memo #17-020
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: ESRI SOFTWARE LICENSE RENEWAL (VALUE: $25,000)
DEPARTMENT: 134 GIS; FUND: GENERAL FUND
ACCOUNTING CLASSIFICATION: 54 PROPERTY SERVICES
Please see attached communication from Angelo Marino, GISP, GIS Manager dated July 20, 2016 for the
information related to this contract award.
Pursuant to § 5-84 Special purchase procedures A. (4) Sole-source procurements, where the proposed
purchase is manufactured by only one company.
The GIS Manager and the Purchasing Department recommend the purchase of this 3 year contract
software license renewal from Esri of Redlands, CA in the amount of $25,000 per year.
Respectfully, . _
~ Dan Kooken
Purchasing Manager
Ce: A Marino J Graziano
229 Main Street « Nashua, New Hampshire 03061 » Phone (603) 589-3330 * Fax (603) 589-3344
Angelo Marino
City of Nashua GIS Manager
GIS Department 603 589-3042
229 Main Street - Nashua, NH 03060
Memo
Date: 7/20/16
To: Daniel Kooken
From: A. Marino
Subj.: Esri license Finance Committee request
Since 2013 the City has had an Enterprise License Agreement with Esri for GIS software
products. This license gives the city the ability to utilize the online products with the ability to
share the GIS maps produced among groups within the City. The attached license agreement is a
three year renewal of this license and provides subscription service as well as the ability to utilize
any software product within the GIS suite of software.
Based on the size of the city the current Enterprise license costs $50,000 and allows us to have a
subscription service which is necessary to publish and share maps and data within Groups created
for our organization. To purchase this license, Esri has again allowed us to partner with
Pennichuck Corporation. The structure of our agreement with Pennichuck will divide all costs and
services for the Enterprise license exactly in half, making the net cost to the City of $25,000 per
year.
The licensing of the software in this manner will enhance GIS services in the City and also allow
us to share information with Pennichuck. Pennichuck has agreed to allow us to use the GIS being
created of their infrastructure which will be shared with all DPW departments. Having this ability
will provide additional information for DPW projects which currently does not exist.
In accordance with § 5-84 A(4) special purchase procedures for sole source procurements, we are
requesting approval of this three-year contract renewal with Esri of Redlands, CA in the amount
of $25,000 per year.
Cc John Griffin Janet Graziano
June 23. 2016
Mr. Angelo Marino
City of Nashua
229 Main St
Nashua, NH 03061
Dear Angelo,
The Esri Small Municipal and County Government Enterprise License Agreement (ELA) is a three-year
agreement thal will grant your organization access to Esri® term license software on an unlimited basis
including maintenance on all software offered through the ELA for the term of the agreement. The ELA
will be effective on the date executed and will require a firm, three-year commitment.
Based on Esrt's work with several organizations similar to yours, we know there is significant potential to
apply geographic information system (GIS) technology in many operational and technical areas within
your organization. For this reason, we believe that your organization will greatly benefit from an
enterprise ficense agreement.
An ELA will provide your organization with numerous benefits including:
= A fower cost per unit for licensed software
=" Substantially reduced administrative and procurement expenses
"Maintenance on all Esri saftware deployed under this agreement
= Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
* All current departments, employees, and in-house contractors of the organization will be eligible
10 use the software and services included inthe ELA.
«If your organization wishes lo acquire and/or maintain any Esri software during the term of the
agreement that is not included in the ELA, it may do so separately at the Esri pricing that ts
generally available for your organization for software and maintenance.
» The organization will establish a single point of contact for orders and deliveries and will be
responsible for redistribtition to eligible users.
* The organization will establish a Tier | support center to field calls from internal users of Esti
software. The organization may designate individuals as specified in the ELA who may directly
contact Esri for Tier 2 technical support.
«The organization will provide an annual report of installed Esri software to Esri.
380 Now York Steret 909 795 2BS5
Reiinds, Catifarnia P2373- A100 wsa SMOWeESN Cris estefan
Esrt software and updates that the organization is licensed to use will be automatically available
for downloading.
. The organization will act as an Esri reference site and will permit Esri to publicize its use of Esri
software and services.
The fee and benefits offered in this ELA proposal are contingent upon your acceptance of Esri’s
Small Municipal and County Government EIA terms and conditions.
Licenses are valid for the term of the ELA.
This program offer is valid for 90 days. Ta complete the agreement within this time frame, please contact
me within the next seven days to work through any questions or concerns you may have. To expedite
your acceptance of this ELA offer:
bo
Sign and return the whole agreement per the instructions in the terms and conditions.
On the first page of the ELA, identify the central point of contact/agreement administrator. The
agreement administrator is the party that will be the contact for management of the software,
administration issues, and general operations, information should include name, title (if
applicable). address, phone number, and e-mail address.
.
In the purchase order, identify the "Ship to” and "Bill to" information for your organization.
Send the purchase order and agreement to the address, email or fax noted below:
Ssri.com
909-307-3083
Esri e-mail: servicer
Atin: Customer Service SG-ELA Tax documents to:
380 New York Street
Redlands. CA 92373-8100
| appreciate the opportunity to present you with this proposal, and | belteve it will bring great benefits to
your organization.
Thank you very much for your consideration.
Joshua Williams
Small Government ELA 2
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.
35 Village Road Suite 501
Middieton, MA 01949
Phone: (978) 777-4543 Fax: (978) 777-8476
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 05/20/2016 To: 08/18/2016
Quotation # 20488179
Date: May 20, 2016
Customer #152266 Contract #
City of Nashua
Assessing Dept
229 Main St
Nashua, NH 03061
ATTENTION: Angelo Marino
PHONE: (603) 589-3042
FAX: 603-589-3079
Materiai Qty Description Unit Price Total
110037 1 YEAR 1 - Populations of 50,001 to 100,000 Small Government Term 50,000.00 50,000.00
Enterprise License Agreement
110037 4 YEAR 2 - Populations of 50,001 to 100,000 Small Government Term 50,000.00 50,008.00
Enterprise License Agreement
110037 1 YEAR 3 - Populations of 50,001 to 100.000 Small Government Term 50,000.06 50,000.00
Enterprise License Agreement
Item Total: 450,000.00
Subtotal: 450,000.00
Sales Tax: 0.00
Estimated Shipping & Handiing(2 Day Delivery) : 0.00
Contract Pricing Adjust: G.00
Totat: $150,000.00
Esri may charge a fee lo cover expenses related to any customer requirement to use 4 proprietary vendor managemem, procurement, or invoice program
For questions contact: Joshua Williams Emait: jwillams@esri.com
Phone: (978) 777-4543 x8425
The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or. where applicable. Esri's
standard terms and conditions at www.esri.comiegal, which are incorporated by reference. Federal government enlities and government prime
contractors authorized under FAR 51.1 may purchase under the terms of Esti's GSA Federal Supply Schedule. Acceptance is limited to the terns 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. All terms of this quotation will be incorporated Inia and become pari of any additional agreement regarding Esri's products and services.
if sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630
WILLIAMSJ This offer is limited to the terms and conditions incorporated and attached herein.
- e Esri tse Oniy:
jie . Cust. Name .
oat i r Cust, #
‘ es I PO #t ————-
Esri Agreement #
Esri, 380 New York St. Redlands, CA 92273-8100 USA - TEL 909-793-2853 » FAX 909-793-5452
SBMEALL ENTERPRISE LICENSE AGRERASATENE
COUNTY AND MUNECIPALITY
(i 2b4-3)}
This Agreement ts by and between the organization identified in the Quotation ("Licensee") and Environmental Systems
Research Institute, Ine. ("Esri").
This Agreement sets forth the terms for Licensee's use of Products and incorporates by reference (i) the Quotation and (ii) the
License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this
Agreement, the order of precedence for the documents shall be as follows: (1) the Quotation, (ii) this Agreement. and (iii) the
License Agreement. This Agreement shall he governed by and construed in accordance with the laws of the slate in which
Licensee is located without reference to conflict of laws principles, and the USA federal law shall govern in matters of
intellectual property. The modifications and additional rights granted in this Agreement apply only te the Products listed in
Table A.
Table A
List of Proeducts
Uncapped Quantities
Desktop Software and Extensions
ArcGIS for Desktop Advanced
ArcG!S for Desktop Standard
ArcGiS for Desktop Basic
ArcGlS for Desktop Extensions: ArcGIS 3D Analyst.
Developer Tools
ArcGIS Engine
ArcGlS Engine Extensions: AreG!S 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Engine Geadatabase
Update, ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime Standard
AreGIS Spatial Analyst, ArcGIS Geostatistical Analyst.
AreGIS Publisher, ArcGtS Network Analyst, ArcGIS
Schematics, ArcGIS Warkflow Manager for Desktop,
ArcGIS Data Reviewer
Server Software and Extensions
AreGIS for Server Workgroup and Enterprise (Advanced,
Standard, and Basic)
ArcGIS. for Server Extensions: ArcGIS 3D Analyst. ArcGIS
Spatial Analyst, AreGIS Geostatistical Analyst. ArcGIS
Network Analyst, ArcGIS Schematics, ArcGIS Workflow
Manager for Server, ArcGIS Image Extension for Server
AreGIS Runtime Standard Extensions: ArcGIS 3D
Analyst, AreGIS Spatial Analyst, ArcGIS Network
Analyst
Limited Quantities
One (1) Annual Subscription to {sri Developer
Network (EDN) Standard*
One (1) Esri CityEngime Advanced Single Use License
One (1) Esri CityEngine Advanced Concurrent Use
License
One (1} ArcGIS Online Subscription
One (1) Portal for ArcGIS Subscription
OTHER BENEFITS
One (1} ArcGIS Online subscription with specified named users and credits as determined in the program Level 4
description
One (1) Portal for ArcGIS term subscription with specified named users as determined in the program Level 4
description
Number of Esri User Conference registrations provided annually 4
Number of Tier | Help Desk individuals authorized to call Esri 4
Maximum number of sets of backup media, if requested ** 2
Virtual Campus Annual User License allowance 10,060
Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities
purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.)
* Maintenance is not provided for these items.
** Additional sets of backup media may be purchased for a fee.
Page bot 5
121 2085
Licensee may accept this Agreement by signing and returning the whole Agreement with a saics quotation, purchase order, or
other document ("Ordering Document") that matches the Quotation and references this Agreement. ADDITIONAL OR
CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF
THIS AGREEMENT WILL GOVERN, Unless otherwise mutually uzreed to, this Agreement is effective as of the date of
the last signature on the signature page ("Effective Date") or, ifno date is provided with the signature, the date of Esrt's
receipt of Licensee's Ordering Document incorporating this Agreement by reference.
Term of Agreement: 3 years
This Agreement supersedes any previous agreements, proposals. presentations. understandings, and arrangements between
the parties relating to the ficensing of the Products. Except as provided ia Article 4—Product Updates, no modifications can
be made to this Agreement.
Accepted and Agreed:
{Licensee}
By:
Authorized Signature
Printed Name:
Title:
Date:
Contact:
LICENSEF CONTACT
Address:
City, State, Postal Code:
Country:
Quotation Number (if applicable):
INFORMATION
Telephone:
Page 2 of 5
V2.4 2S
EA— Apr OHON vE DEPINE TIONS
In addition to the definitions provided in the License
Agreement, the following definitions apply to this
Agreement:
“Deploy”, "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Licensee's organization(s},
"Fee" means the tee set forth in the Quotation.
“tneident™ means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational or
functional performance.
"License Agreement" means (i) the applicable license
agreement incorporated by this reference that is found at
htip:/www.esti.comlegal/sofiware-livense: composed of
the General License Terms and Conditions (E204) and
Exhibit !, Scope of Use (E300); and available in the
instalation process requiring acceptance by electronic
acknowledyment or (ti) a signed license agreement
between the parties that supersedes such electronically
acknowledged license agreement.
“Maintenance” means Tier 2 Support, Product updates.
and Product patches provided to Licensee during the term
of this Agreement.
“Product(s)" means the products identified in Table A—-
List of Products and any updates to the list Esri provides
in writing.
"Quotation" means the offer letter and quotation
provided separately to Licensec.
"Technical Support" means the technical assistance for
aitempting resolution of a reported Incident through error
correction. patches, hot fixes, workarounds, replacement
deliveries, or any other type of Product corrections or
modifications.
"Tier | Help Desk" means Licensee's point of contact(s)
to provide all Tier I Support within Licensee's
organization(s}.
“Tier | Support" means the Technical Support provided
by the Tier | Help Desk.
“Fier 2 Support" means the Technical Support provided
two the Tier } Help Desk when an Incident cannot be
resolved through Tier | Support. Licensee will receive
Tier 2 Support from Esri.
24b--ADDITION AR Ga WN EOF LECENSE
2.4 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to Licensee
a personal, nonexclusive, nontransferable license
solely to use. copy, and Deploy quantities of the
Products listed in Table A—List of Products for the
term provided on the first page (i) for the applicable
Fee and (it) in accordance with the License
Aureement.
is
te
Consuttant Aceess. Esri grants Licensee the right to
permit Licensee's consultants or contractors to use the
Products exclusively for Licensee's benefit. Licensee
will be solely responsible for campliance by
consultants and contractors with this Agreement and
will ensure (hat the consultant or contractor
discontinues use of Products upon completion of
work for Licensee. Access to or use of Products by
consultants or contractors nat exclusively for
Licensee's benefit is prohibited. Licensee may not
permit its consultants or contractors to install
Software or Data on consultant. contractor. or third-
parly computers or remove Software or Data from
Customer locations, except for the purpose of hosting
the Sofiware or Data on Contractor Servers for the
henefit of Licensee.
3. TE Ra PRAIRIE EX PTR EON
3.1 Term. The term of this Agreement and all licenses
hereunder will commence on the Effective Date and
continue for the duration identified on the signature
page, unless this Agreement is terminated earlier as
provided herein. Licensee ts anty authorized to use
Products during the term of this Agreement. For an
Agreement with a limited term, Esri does nat grant
Licensee an indelinite or perpetual license tu
Products.
3.2 Ne Use upon Agreement Expiration or
Termination, All Product licenses and all
Maintenance, Esri Virtual Campus access, and Esri
User Conference registrations terminate on expiration
or termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement. for a material breach
by the other party, The breaching party will be given
a period of thirty (30) days from the date of written
notice lo cure any material breach.
3.4 Termination for Lack of Funds. For an Agreement
with governinent or government-owned entities,
either party may terminate this Agreement before any
subsequent year if Licensee is unable to secure
12) BLS
