Search

12.

13.

14.

15.

EARLY TERMINATION

This agreement may be terminated at any time with the mutual consent of the Provider
and the Town, and it may be terminated unilaterally by either party upon thirty (30) days
written notice to the other.

AMENDMENTS.

This agreement may be amended or modified anytime with the mutual consent of the
Provider and the Town. Amendments shall be in writing and in an instrument of equal
dignity with this agreement.

COMMUNICATIONS.

The mailing address of the Provider is:
Nashua Transit System

I1 Riverside St.

Nashua NH, 03062

and its telephone number is:
(603) 880-0100

The contact person is:
Camille Pattison, Transportation Manager

The mailing address of the Town is:
Town of Hudson

21 School Street

Hudson, NH 03051

and its telephone number is:
(603) 886-6024

The contact person for the Town is:
Stephen A. Malizia — Town Administrator

CHOICE OF LAW

This Agreement shall be interpreted and enforced in accordance with the laws of the State
of New Hampshire, excluding any choice of law or conflicts of law rules that would
result in the application of the laws of a different jurisdiction. 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 Hiilsborough County (New
Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9"
Circuit Court ~ Nashua and not elsewhere.

16.

17,

18.

NO DAMAGES FOR DELAY

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.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING

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 deerned 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.

ENTIRE AGREEMENT

These terms of this agreement constitute the entire agreement between the Provider and
the Town, and there are no contemporaneous oral agreements contrary hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective officers, duly authorized, on the dates signed below.

PROVIDER: City of Nashua — Nashua Transit

BY

Jim Donchess, Mayor Witness

DATE

TOWN: Town of Hudson, New Hampshire

BY

DATE

Witness

City of Nashua, New Hampshire Nashua Transit System
and
Town of Merrimack, New Hampshire
AGREEMENT FOR TRANSPORTATION SERVICES
July 1, 2020 through 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 Merrimack, 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 will 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 Fiday 8AM to 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.e.
nursing homes) are, however, excluded frombeing 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
atthe 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
interruptthetransportation schedule.

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

§.

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

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

F, The Provider shal] 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.
II. 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.

G. 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.

H. In performing hereunder, the Provider shall comply with all applicable laws,
ordinances, regulations and codes of the federal, state and local governments.

{. 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 Merrimack van cannot be back to 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

4

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, ail 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 time-frame.

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.).

6. 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 wil! be closed on the following holidays:
Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year's
Day, Memorial Day

7. 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. At a
projected average of 4.5 hours of service per day, the Town has agreed to a
total of up to 1155 hours of service, with an estimated Farebox Revenue of
$12,000 for a total billable cost of $38,866 (see table below).

Merrimack Cost | Projected Hours | Annual Cost Estimated Cost for FY¥21
per Hour of Service Farebox
$ 44.04 1155 $50,866 $12,000 $38,866

B. The Qualified Rider will pay the following passenger farebox rates per one-
way ride:

One-Way Farebox Destination
Rates Nashua Hudson Merrimack

Merrimack Origin $4.00 $6.00 $2.00
Ride

1.

Cc. The Provider shall invoice the Town for transportation services at the rate
specified in this agreement on an annual basis. The Town shall 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 1155 Service Hours, the Provider will
issue a letter to the Town stating it has reached the 80% point and has 20% or 231
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 service hours at the same rates as
described herein. If the Town expends 1155 service hours and chooses not to pay
for additional services hours, the Provider will curtail services once a total of
1155 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.

6

13.

[5.

EARLY TERMINATION

This agreement may be terminated at any time with the mutual consent of the Provider
and the Town, and it may be terminated unilaterally by either party upon thirty (30) days
written notice to the other.

AMENDMENTS

This agreement may be amended or modified anytime with the mutual consent of the
Provider and the Town. Amendments shall be in writing and in an instrument of equal
dignity with this agreement.

COMMUNICATIONS

The mailing address of the Provider is:
Nashua Transit System

il Riverside St.

Nashua NH, 03062

and its telephone number is:
(603) 880-0100

The contact person is:
Camille Pattison, Transportation Manager

The mailing address of the Town is:
Town of Merrimack

6 Baboosic Lake Rd.

Merrimack. NH 03034-0940

and its telephone number is:
(603) 424-7075

The contact person for the Town is:
Paul Micali -Assistant Town Manager / Finance Director

CHOICE OF LAW

This Agreement shall be interpreted and enforced in accordance with the laws of the State
of New Hampshire, excluding any choice of law or conflicts of law rules that would
result in the application of the laws of a different jurisdiction.

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.

10.

17.

O AG OR AY.

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.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING

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.

ENTIRE AGREEMENT

These terms of this agreement constitute the entire agreement between the Provider and
the Town, and there are no contemporaneous oral agreements contrary hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective officers, duly authorized, on the dates signed below.

PROVIDER: City of Nashua — Nashua Transit

BY

James Donchess, Mayor Witness

DATE

TOWN: Town of Merrimack, New Hampshire

BY

DATE

Witness

AGREEMENT FOR TRANSPORTATION SERVICES

This agreement made and entered into by and between the City of Nashua, Nashua Transit
System, hereafter called Provider; and The Plus Company, hereafter called the Agency;

3.

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 Agency is seeking paratransit/demand response
transportation services for eligible disabled persons (clients) to and from specific
Agency locations and their home. Service will be available Monday through
Friday. Clients will arrive at the Agency locations between 7:00 a.m. and 9:00
a.m. Passengers will depart the Agency at approximately 1:45 p.m. to 4:00 p.m.

Transportation services currently exist throughout the City of Nashua and the
Towns of Merrimack and Hudson. Additional clients may be added to the route
with advance notification where space is available. The service provided will be
origin to destination.

CLIENT ELIGIBILITY
Clients who are eligible for service are those that are unable to utilize the Nashua
Transit System Fixed Route bus service due to a disability as defined in the

Americans With Disabilities Act of 1990 (ADA).

PROVIDER'S RESPONSIBILITIES

A. The Provider shall provide shared ride service that is scheduled daily as
efficiently as possible based on demand for pick-ups and drop-offs.

B. The Provider shall notify the Agency immediately of emergencies that may
interrupt the transportation schedule.

C. The Provider reserves the right, at its sole discretion, to refuse or suspend
transportation to any client.

D. The Provider shali be responsible for safe transportation of passengers.
Drivers will assist passengers when entering and exiting vehicles as necessary
but will not be able to lose sight of the vehicle or enter any buildings.

AGENCY’S RESPONSIBILITIES

A,

A.

The Agency is responsible to notify each client of the necessity to contact
the Provider with changes such as names, addresses, destinations and
changes in schedules, by 5:00pm, the day before transportation is to be
provided.

The Agency is responsible to ensure that each client understands the
necessity that the Provider is made aware of any cancellations no later than
5:00pm the day before the scheduled pick up.

The Agency is responsible to ensure that each client is ready for the
scheduled pick-up when the van arrives. The Provider will allow a five (5)
minute wait window before a no-show is charged. After the 5 minute
window the vehicle will leave and may not be able to retum depending on
their schedule. Trips canceled within I-hour of the scheduled pick-up
window shail receive a no-show.

The Agency is responsible to ensure that passengers are waiting in the
appropriate locations and that they can safely get to/from the Provider’s
vehicles.

The Agency is responsible to ensure that all clients are supplied with any
special equipment needed to safely be transported.

The Agency shall notify the Provider concerning Agency holidays or
closings at least one week in advance, except in cases of emergencies the
Provider shall be notified as soon as possible.

SPECIAL CONDITIONS

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 or the drivers or other passengers.

The Provider will observe the following holidays:
Independence Day, Labor Day, Thanksgiving Day, Christmas Day,
New Year's Day, Memorial Day