Search

Proposed Amendment made in Personnel/Admin Affairs Cte 3-2-20 AMENDED
O-20-001

ORDINANCE

EXTENDING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES BY ON-
PREMISES LICENSEES TO 2:00 A.M.

CITY OF NASHUA

In the Year Two Thousand and Twenty
The City of Nashua ordains that Part II “General Legislation”, Chapter 83 “Alcoholic
Beverages”, of the Nashua Revised Ordinances, as amended, be and hereby is further amended

by adding the new underlined language:

“ARTICLE IV
Hours of Sale

§ 83-10. Hours of Sale of Alcoholic Beverages by On-Premises Licensees.
On-premises licensees shall be permitted to sell alcoholic beverages until 2:00
a.m. Licensees shall be subject to all conditions and requirements established by
statute and the State Liquor Commission.”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This legislation shall take effect 90 days following its passage.

Proposed Amendment made in Personnel/Admin Affairs Cte 3-2-20 AMENDED
O-20-005

ORDINANCE

RELATIVE TO TITLES OF MEMBERS OF THE BOARD

CITY OF NASHUA

In the Year Two Thousand and Twenty

The City of Nashua ordains that Part I “Administrative Legislation”, Chapter 5
“Administration of Government”, Part 2 “Board of Aldermen”, Article II “General Provisions”
of the Nashua Revised Ordinances, as amended, be and hereby is further amended by adding the
new underlined section and deleting the struck through language:

Ҥ 5-10.2. Titles of members of the board.
Members of the Board of Aldermen may choose to be referred to as Alderman,

Alderwoman, or Alderperson. Wheneverpessible-members-ofthe Board of Aldermen
will-be-knewn-colectivelh-asAlderpersens.”

This legislation shall take effect following its passage.

R-20-018

RESOLUTION

RELATIVE TO THE TRANSFER OF $25,000 FROM DEPARTMENT 194
“CONTINGENCY”, ACCOUNT 70100 “GENERAL CONTINGENCY” TO
DEPARTMENT 109 “CIVIC & COMMUNITY ACTIVITIES”, ACCOUNTING
CLASSIFICATION 56 “OUTSIDE AGENCIES” FOR THE PURPOSE OF PROVIDING
FUNDING TO THE NASHUA ASSOCIATION FOR THE ELDERLY

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that $25,000 be transferred
from Department 194 “Contingency”, Account 70100 “General Contingency” into Department
109 “Civic & Community Activities”, Accounting Classification 56 “Outside Agencies” for the
purpose of providing $25,000 to the Nashua Association for the Elderly to assist with their
operating budget.

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2020
R-20-018

Relative to the transfer of $25,000 from Department 194
“Contingency”, Account 70100 “General Contingency” to
Department 109 “Civic & Community Activities”, Accounting
Classification 56 “Outside Agencies” for the purpose of
providing funding to the Nashua Association for the Elderly

Alderman June M. Caron

Budget Review Committee

Reduces amount available in general contingency by $25,000
that could be used for escrow or surplus in FY20. The current
balance in the general contingency account is $84,750.

ANALYSIS

This resolution authorizes the transfer of $25,000 from General Contingency into Civic &
Community Activities, Outside Agencies for the purpose of providing funding to the Nashua
Association for the Elderly to assist with their operating budget.

Charter Sec. 53 permits the Board of Aldermen to transfer any unencumbered appropriation
balance or any portion from one department, fund or agency to another.

NRO 5-130, H provides that “when proposed legislation to transfer or re-appropriate a particular
appropriation or purpose thereof has had its first reading, such funds shall not be expended or
transferred while the legislation is pending”.

Approved as to account
structure, numbers and
amount:

Approved as to form:

Financial Services Division

Officeléf Corporation Counsel

py pet, bra ler

Date: 5 oredr. GoD

R-20-019

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO CONTRACTS WITH
NASHUA COMMUNITY COLLEGE, RIVIER UNIVERSITY, TOWN OF HUDSON,
TOWN OF MERRIMACK AND THE PLUS COMPANY FOR TRANSIT SERVICES

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Alderman of the City of Nashua that the City is authorized
to enter into the contracts substantially in the attached form with Nashua Community College,
Rivier University, Town of Hudson, Town of Merrimack and The Plus Company for transit
services for the period of July 1, 2020 through June 30, 2021.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-019

PURPOSE: Authorizing the City of Nashua to enter into contracts with
Nashua Community College, Rivier University, Town of
Hudson, Town of Merrimack and The Plus Company for
transit services.

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Budget Review Committee

FISCAL NOTE: These revenue contracts provide local matching funds to the transit

operating grant.

ANALYSIS

This resolution authorizes the City of Nashua to enter into contracts with Nashua Community
College, Rivier University, Town of Hudson, Town of Merrimack and The Plus Company for
transit services for the period of July 1, 2020 through June 30, 2021.

Approved as to form: Office of Corporation Counsel

By: Vopr Carte.

Date: 5 MOC 2OPRO

City of Nashua, New Hampshire
Nashua Transit System
and
Nashua Community College
“UPASS” TRANSPORTATION AGREEMENT
School Year — 2020 - 2021

THIS AGREEMENT, is by and between the City of Nashua, New Hampshire/Nashua
Transit System (“NTS”), and the Nashua Community College (“College”). NTS is a
municipal transit system, with a principal mailing address of 11 Riverside Street,
Nashua, NH 03062; and the College with a principal mailing address of 505 Amherst
Street, Nashua, NH 03063.

1. UNLIMITED FIXED-ROUTE ACCESS PRIVILGEGES

1.1 A valid Nashua Community College student/staff ID card shall be valid for
transportation during all scheduled hours of service, on all fixed-route NTS bus routes.
Riders presenting a valid Nashua Community College student/staff ID card will be
excused from paying a fare at the time of the trip. Compensation made by the College
per Section 4 of this agreement shall cover all fares by all such users of NTS service as
described in Section 2 of this agreement.

1.2 Ridership on any NTS bus by College students or staff under this Agreement is
subject to all NTS rules, terms and conditions of bus ridership. Without limiting the
foregoing, NTS expressly reserves the right to refuse service to any person not
complying with the same.

2. SERVICES

2.1 NTS shall provide its established and regularly publicized fixed-route bus service
and any additional bus service it may at its sole discretion activate. All routes operated
by NTS are open to and available for public use.

2.2 NTS reserves the right to modify bus routes and schedules as needed and in
compliance with federally mandated public transportation regulations per 49 CFR 5307.

3. TERM OF AGREEMENT

3.1 The term of this Agreement at the fee amounts stated in Section 4, shall be
July 1, 2020 through June 30, 2021.

3.2 If the College desires to continue this program after June 30, 2021, NTS must
receive written notification to include expected levels of service by

January 15, 2021. Upon such notification, NTS will review the request and the parties
can enter into negotiations.

4. COMPENSATION
4.1 The total! amount due to NTS by the College shall be $15,000.

4.2 The College shall pay NTS as follows:
a. $7,500 due by July 15, 2020
b. $7,500 due by January 15, 2021

5. RECORDS

5.1 NTS will keep ridership records for UPass usage. NTS will provide quarterly
ridership reports to the College. The College and NTS will work cooperatively to obtain
and share any other information deemed necessary by either or both parties.

6. ADMINISTRATION

6.1 The College shail not have, and shall not exercise any control over NTS's bus
service. The College shall not have and shall not exercise any control or supervision
over drivers of the buses used in said service,

6.2 It is understood that the College will be responsible for marketing the program to
students except that NTS will approve all marketing materials that contain, or reference,
the NTS trademark images or properties. NTS will work cooperatively with the College
to develop a marketing plan to market the UPass program.

7. INTERRUPTION OF SERVICE/NON-PERFORMANCE

7.1 NTS shall not be in default of any provisions of this Agreement for failure to perform
where such failure is due to strikes, walk-outs, civil insurrections or disorders, order of
civil authorities, shortages of motor fuel or equipment, significant funding reductions,
acts of God, or for any other cause or causes beyond the control of NTS.

8. TERMINATION

8.1 Failure to make payment, as outlined on Section 4, shall result in termination of this
Agreement, at NTS’s sole and exclusive option. Should NTS exercise its termination
option under the terms and conditions of this paragraph, NTS shall have the right to
make legal claim for those monies outstanding. Should it be necessary for NTS to
exercise its termination option under the terms and conditions of this paragraph, NTS
shalt not be liable to the College for any claimed damages, personal or property,
including any consequential damages, resulting from the loss of bus services under this
Agreement. Should this Agreement be terminated under the terms and conditions of this
paragraph, and the College then subsequently provides payment as required, NTS may
require 30 calendar days to reinstate the terms of this agreement.

8.2 If at any time during the term of this Agreement, either party shall fail to satisfactorily
meet the provisions of this Agreement, or if at any time the NTS system makes or
notifies the College of what the College considers to be an adverse change in any of the
bus service routing covered by this Agreement, the dissatisfied party shall so advise the
other party by certified mail indicating in specific detail the nature and basis of its
dissatisfaction. The party to whom the complaint is addressed shall have an opportunity
to correct the situation giving rise to the complaint within forty-five (45) days from its
receipt; if such corrections are not made to the reasonable satisfaction of the
complaining party within said period, the complaining party may terminate this
Agreement upon forty-five (45) days written notice.

8.3 All accounts shall be settled on a prorated basis in the event of termination of this
Agreement prior to its full term.

8.4 Should NTS or the College be unable to fulfill the requirements of this agreement
because of expected lack of funds, then either NTS or the College may provide written
notice of such expected lack of funds upon thirty (30) days prior written notice and this
agreement shall be terminated.

9. AMENDMENT/SEVERABILITY

9.1 This Agreement contains all terms, provisions, and conditions of the understanding
regarding the UPass program between the parties. All the provisions contained herein
are intended by the parties to be whole and entire and no provision is intended to be
severable.

9.2 This Agreement may be amended at any time by mutual agreement of NTS and the
College. Any amendment to this Agreement shall be in writing, signed by both parties,
and attached to the original of this Agreement.

10. NOTICE

10.1 Any notices issued, pursuant to the terms of this Agreement, shall be in writing and
delivered in person or by certified mail, return receipt requested, and mailed to the
address indicated in the execution of this Agreement, unless either party is notified, in
writing, to the contrary.

11. MISCELLANEOUS
11.1 This contract shall be governed under the laws of the State of New Hampshire.
411.2 NTS shall at all times comply with and observe all federal and state laws, local

laws, ordinances, and regulations which are in effect during the period of this contract
and which in any manner affect the work or its conduct.

11.3 Any claim or action brought relating to this agreement, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be brought
in Hillsborough County (New Hampshire) Superior Court Southern Judiciat District or in
the New Hampshire 9"" Circuit Court - Nashua and not elsewhere.

12. NO DAMAGES FOR DELAY

12.1 No payment, compensation, or adjustment of any kind shall be made to Agency for
Damages because of hindrances or delays in the performance of Provider under this
Agreement from any cause.

13. ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING

13.1 Agency and Provider shal! not assign, transfer, delegate, or subcontract any rights,

obligations, or duties under this agreement without the prior written consent of the other

party. Any such assignment, transfer, delegation, or subcontracting without the prior

written consent of the other party is void. Consent shall be unreasonably withheld.

Consent to any assignment, transfer, delegation, or subcontracting shali only apply to
the

incidents expressed and provided for in the written consent and shall not be deemed to

be a consent to any subsequent assignment, transfer, delegation, or subcontracting.
Any

such assignment, transfer, delegation, or subcontract shall require compliance with or

shall incorporate all terms and conditions set forth in this agreement, including any

incorporated exhibits and written amendments or modifications. Subject to the
foregoing

provisions, the contract inures to the benefit of, and is binding upon, the successors and

assigns of the parties.

14. INDEMNITY

To the extent of its liability insurance coverage, the Provider agrees to indemnify the
Agency of and from any and all personal injury and property damage claims which may
result from the Provider's operation of its motor vehicles. The Provider shall provide the
Agency proof of insurance upon request.