Search

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
by duly authorized representatives as of the day and year aforesaid.

CITY OF NASHUA/NTS

BY:
Mayor James Donchess Date

NASHUA COMMUNITY COLLEGE

BY:

(Print Name & Title)

(Signature) Date

City of Nashua, New Hampshire
Nashua Transit System
and
Rivier University
“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 Rivier University (“University”). NTS is a municipal
transit system, with a principal mailing address of 11 Riverside Street, Nashua, NH
03062; and the University is a private school, with a principal mailing address of 420

S. Main St, Nashua, NH 03060.

1. UNLIMITED FIXED-ROUTE ACCESS PRIVILGEGES

1.1 A valid Rivier University 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 Rivier University student/staff ID card will be excused from paying a fare at the
time of the trip. Compensation made by the University 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 University 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 fo 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 University 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 University shall be $6,500.

4.2 The University shall pay NTS as follows:
a. $3,250 due by July 15, 2020
b. $3,250 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 University. The University and NTS will work cooperatively to
obtain and share any other information deemed necessary by either or both parties.

6. ADMINISTRATION

6.1The University shall not have, and shall not exercise any control over NTS’s bus
service. The University 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 University will be responsible for marketing the program to
students except that NTS will approve ail marketing materials that contain, or reference,
the NTS trademark images or properties. NTS will work cooperatively with the
University 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
shall not be liabfe to the University 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 University 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 University of what the University 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 shail 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 University be unable to fulfill the requirements of this agreement
because of expected lack of funds, then either NTS or the University may provide
written notice of such expected lack of funds upon thirty (30) days prior written notice
and this agreement shail 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
University. Any amendment to this Agreement shall be in writing, signed by both
parties, and attached to the original of this Agreement.

10. NOTICE

40.1 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.
11.2 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 Judicial 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 shail 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 shall 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 shall 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.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
by duly authorized representatives as of the day and year aforesaid.

CITY OF NASHUA/NTS
BY:
Mayor James Donchess Date
RIVIER UNIVERSITY
BY:
(Print Name & Title)
(Signature) Date

City of Nashua, New Hampshire Nashua Transit System
and
Town of Hudson, New Hampshire
AGREEMENT FOR TRANSPORTATION SERVICES
July 1, 2020 thru June 30, 2021

This agreement is made and entered into by and between the City of Nashua, Nashua Transit
System (NTS), (“Provider”); and the Town of Hudson, New Hampshire, (“Town”);

1.

PERIOD

The period of performance of this agreement shall begin on July 1, 2020 and shall
terminate automatically on June 30, 2021.

UNDERSTANDING OF THE WORK

The Provider understands that the Town is seeking demand response transportation
services for eligible citizens, including disabled citizens and senior citizens to and from
locations in Hudson, Nashua, and Merrimack, and their home. This service is principally
used to gain access to adult day care, non-emergency medical appointments, groceries,
pharmacies and employment. Service wiil be available Monday through Friday, and
excluding Holidays as defined by the Provider (days service is available are the “Service
Days”). The hours of operation for service shall be Monday through Friday 8AM - 5PM
including travel time to/from the Nashua garage.

RIDER ELIGIBILITY

A “Qualified Rider” shall mean any person residing in the Town who has submitted a
completed application for demand response services in compliance with FTA 5307
funding requirements. Individuals permanently residing in long-term care facilities (i.¢.
nursing homes) are, however, excluded from being a “Qualified Rider.”

Qualified Rider applications will be emailed or otherwise delivered to the requesting
Town citizen by the Provider, the Town, or private medical offices or hospice centers.
Completed applications shall be emailed or delivered in hardcopy to a designated person
at the Provider.

PROVIDER'S RESPONSIBILITIES
A. The Provider shall provide shared ride service to Qualified Riders that is scheduled
daily on Service Days as efficiently as possible based on demand for pick-ups and

drop-offs.

B. The Provider shall notify the Town as soon as possible of emergencies that may
interrupt the transportation schedule.

The Provider will make every effort to process completed applications expeditiously
but the processing may take up to 10 business days.

It is the Provider's responsibility to enter the Qualified Rider information from the
application into the system for the scheduling of services.

The Provider reserves the right at its sole discretion to refuse or suspend
transportation to any Qualified Rider or person.

The Provider shall be responsible for safe transportation of Qualified Riders.
Qualified Riders will be provided curb-to-curb service as required by the American
with Disabilities Act (“ADA”).

I. Qualified Riders who require door-to-door service shall be provided
door-to-door service, however, they must specify when booking their trip
that they will need the additional service/help to and from the vehicle.
If. The driver CANNOT do the following:
a. Help with excessive packages (2 bag limit, no large packages).
b. Go beyond the doorway into a building to assist Qualified
Riders.
c. For lengthy periods of time, leave their vehicles unattended.
d. Lose the ability to keep their vehicles under visual observation.
e. Take action that would clearly be unsafe.

The Provider shall provide reasonable financial and operational data to the Town
with respect to all transportation services subject to this Agreement, as requested
from time to time.

. In performing hereunder, the Provider shall comply with all applicable laws,

ordinances, regulations and codes of the federal, state and local governments.

I. Interruption of Service/Non-Performance: The Provider 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 the Provider.

RESERVATIONS

Reservations must be made two (2) business days in advance by the Qualified Rider and
can be made Monday through Friday, from 8 AM to 5PM. Requests must be submitted
by end of business on Thursday for rides scheduled on the following Monday. Business
days do not include weekends or Holidays.

Disabled riders receive top priority in scheduling. Senior citizens receive the next
priority in scheduling. When scheduling conflicts arise, The Provider will work to ensure
rides are prioritized by those living with a disability and then senior citizens over rides
reserved by non-senior, non-disabled citizens. The Hudson van cannot be back to

2

Nashua for any appointments prior to 10:00 am. All rides may be scheduled up to 2
weeks in advance. There is a 30 minute pick-up window, which riders will be given upon
scheduling a trip. The 30-minute pick-up window is included in the total travel time. All
reservation pick-up windows are subject to change depending on the daily demand. If
changes are required, all passengers will be notified by Spm the day before the demand
response service is requested, unless there are weather or emergency related changes
necessitating a shorter timeframe.

Total Travel Time is the beginning of the 30 minute pick-up window to the appointment
time,

Riders need to be ready and prompt as drivers are only allowed to wait 5 minutes for a
passenger to board the van. All riders may be dropped off within the beginning of the
window or the end of the total travel time (Rider should ensure that their destination will
be open during the allotted travel time frame.)

Qualified Riders cannot make same day changes to their reservations (i.e. Pick-up/Drop-
off locations, scheduled times, etc.).

SPECIAL CONDITIONS

A. The Provider reserves the right to deny service and/or require personal care
attendants for any clients whom the Provider feels may be a risk to themselves,
other passengers or the driver.

B. The Provider will be closed on the following holidays:

Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year's
Day, Memorial Day

COMPENSATION

A. The Town agrees to pay the Provider $44.04 per hour for Demand Response
service. This service will cost the Town half of the actual cost of service per hour,
due to the 50% federal subsidy and passenger farebox payments, The Town has
agreed to a total of 423.5 hours of available service, with an estimated Farebox
Revenue of $2,500 for a total billable cost of $16,149 (see table below).

Hudson Cost per | Available Hours {| Annual Cost | Estimated Farebox | Cost for FY21
Hour of Service: Revenue
$ 44.04 423.5 °° $18,649 $2,500 $ 16,149
B. The Qualified Rider will pay the following passenger farebox rates per one-way
ride:
One-Way Farebox Destination _
Rates Nashua Hudson Merrimack
Hudson Origin $5.50 $3.50 $7.50
Ride

10.

lk.

Cc, The Provider shall invoice the Town for transportation services at the rate
specified in this agreement on an annual basis. The Town shail reimburse the
Provider at the agreed rate upon invoice and not to exceed 30 days. Checks shall
be made payable to: Nashua Transit System.

D. At the time that the Town expends 80% of 423.5 Service Hours, the Provider will
issue a letter to the Town stating it has reached the 80% point and has 20% or 85
service hours remaining on the contract. If the Town and Provider agree that the
remaining service hours in the contract will not be sufficient, the Town has the
option to pay the Provider for additional services hours at the same rates as
described herein. If the Town expends 423.5 service hours and chooses not to pay
for additional services hours, the Provider will curtail services once a total of
423.5 service hours has been reached. In the event all service hours are not used
at the termination of this Agreement, the Provider shall keep all payments from
Town and the Town is not entitled to any refund.

RELATIONSHIP

The Provider is an independent contractor and no employee-employer relationship exists
between the Provider and the Town. Drivers and employees of the Provider are not
subject to the control or supervision of the Town.

INDEMNITY

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

TITLE VI ASSURANCES

The parties hereby agree that as a condition of this Agreement, they will comply with
Title VI of the Civil Rights Act of 1964, and all requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation, to the end that no
person in the United States shall, on the grounds of race, color sex or national origin be
subjected to discrimination under any program or activity that receives federal assistance
from the Department of Transportation, including the Federal Transit Administration.

CIVIL RIGHTS

The parties agree that as a condition of this Agreement they will each comply with all
applicable civil rights laws and regulations, in accordance with applicable Federal
directives, except to the extent that the Federal government determines otherwise in
writing, as such civil rights laws and regulations may be amended from time to time.