Finance Committee

May 29, 2019

Pam Andruskevich

City of Nashua

229 Main St

Nashua, NH 03060-2938

Dear Pam,

The Esri Smai] Municipal and County Government Enterprise Agreement (EA) is a three-year agreement
that will grant your organtzation access to Esri® term license software on an unlimited basis including
maintenance on all software offered through the EA for the term of the agreement. The EA will be effective
on the date executed and will require a firm, three-year commitment.

z = THE CITY OF NASHUA "The Gate City"

Administrative Services Division

From: Kim Kleiner, Director
Date: July 25, 2019

Subject: Contract - ESRI - Environmental Systems Research Institute (GIS}

=) THE CITY OF NASHUA “the Gate City"

Administrative Services

Purchasing Department

July 25, 2019
Memo #20-008

To: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ESRI (GIS) ENTERPRISE LICENSE AGREEMENT AND ARCGIS GEOEVENT SERVER
(3 YEAR) (VALUE: $28,000 PER YEAR)
DEPARTMENT: 134 GIS; FUND: GENERAL

Please see the attached communication from Kim Kleiner, Administrative Services Director, dated July
25, 2019 for information related to this purchase.

ATTACHMENT A

od Patriot

PROPERTIES, INC.

AP5 — UPGRADE PROPOSAL

City of Nashua, NH Date: 7/25/20197/25P6197/34049
229 Main St, Nashua, NH 03061

Phone: 603-589-3040
Fax: 603-589-3079

SCHEDULE A

CUSTOMER: CITY OF NASHUA, NH

Patriot Properties, Inc., hereby grants the Customer non-transferable, non-exclusive licenses for
the Term of this agreement and under the terms of this agreement to use the foilowing licensed
programs and/or related optional materials in machine readable form on designated serial
numbered CPU’s and/or to utilize licensed programs and related optional materials in printed
form, as specified below.

Upgrade Project, AssessPro Classic to AssessPro AP5:

Start date 8/1/2019 , End date11/1/2019

THE CUSTOMER’S REMEDIES IN THIS AGREEMENT ARE EXCLUSIVE, THE CUSTOMER
ACKNOWLEDGES THAT IT HAS READ THIS SUPPORT AND LICENSE AGREEMENT,
INCLUDING ALL PRINTED LANGUAGE, UNDERSTANDS IT, AND AGREES TO BE BOUND
BY ITS TERMS AND FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE LICENSING AGREEMENT BETWEEN THE PARTIES, WHICH
SUPERSEDES ALL PROPOSALS ORAL OR WRITTEN AND ALL OTHER
COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER
OF THIS AGREEMENT.

21. Severability. If any of the provisions of this agreement are invalid under any applicable
statute or rule of law, they are to that extent to be deemed omitted.

17. Insurance and indemnification.

A. Patriot shall carry and maintain in effect during the performance of services
under this Agreement: General Liability insurance, including product and contractual, in the
amount of $1,000,000 per occurrence; $2,000,000 aggregate.

any licensed program to another location for backup use when required by CPU malfunction,
provided the copy or original is destroyed or returned to the designated location when the
malfunction is corrected. The Customer may not modify any Basic Licensed Material and/or
Optional Licensed Material Any portion of the Basic Licensed Material and/or Optional Licensed
Material included in an updated work shall be used only on the designated CPU, and shall
remain subject to all other terms of this agreement. The Customer shall reproduce and include

type/serial number and its associated units such as work stations and/or lap tops. Each Optional
Licensed Material license granted under this agreement authorizes the Customer to use the
Optional Licensed Material in machine-readable form on the designated CPU.