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7.

10,

COMPENSATION

A. The Agency agrees to pay the Provider:
e $8.00 per one way trip with an origin and destination within the City of
Nashua.

e $10.00 per one way trip with an origin or destination outside the City of
Nashua.

B. The Provider shall notify the Agency of any rate increase at least thirty (30)
days in advance of any proposed increase.

C. The Provider shall invoice the Agency for transportation services at the rate
specified in this agreement by the 15" working day of the month following
the month of services rendered.

D. The Agency shall reimburse the Provider at the agreed rate upon invoice and
not to exceed 15 days. Checks shall be made payable to; Nashua Transit

System.

RELATIONSHIP

The Provider and the Agency are associated with each other only for the purposes
and to the extent specified in this Agreement. Subject only to the terms of this
Agreement, Provider shall have the sole right to supervise, manage, operate,
control and direct performance of the details incident to its duties under this
Agreement. Nothing contained in this Agreement shall be deemed or construed to
create a partnership or joint venture, to create relationships of an employer-
employee or principal-agent, or to otherwise create any liability for the Provider
or City of Nashua whatsoever with respect to the indebtedness, liabilities, and
obligations of the Agency or any other party.

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.

EARLY TERMINATION

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

M1.

15.

16.

AMENDMENTS

This agreement may be amended or modified anytime with the mutual consent of
the Provider and the Agency. 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

I] 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 Agency is:
The PLUS Company

19 Chestnut St.

Nashua, NH 03060

and its telephone number is:
(603) 889-0652

The contact person for the Agency is:
Kim Shottes — Executive Director

ENTIRE AGREEMENT
These terms of this agreement constitute the entire agreement between the

Provider and the Agency, and there are no contemporaneous oral agreements
contrary hereto.

CHOICE OF LAW AND FORUM

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

17,

18.

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.

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 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.

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

AGENCY: The PLUS Company

BY

Witness

DATE

R-20-020

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $69,566 FROM THE
STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION INTO
TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY (“FTA”)
OPERATING GRANT”

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of, the City of Nashua that the City of Nashua and
the Division of Community Development are authorized to accept and appropriate $69,566 from
the State of New Hampshire, Department of Transportation into Transit Grant Activity “Federal
Transit Authority (“FTA”) Operating Grant” for the purpose of providing matching funds for
Transit operations. This funding shall be in effect through June 30, 2021.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-020

PURPOSE: Relative to the acceptance and appropriation of $69,566 from
the State of New Hampshire, Department of Transportation
into Transit Grant Activity “Federal Transit Authority
(“FTA”) Operating Grant”

SPONSOR(S): Mayor Jim Donchess
COMMITTEE ; .
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is a $69,566.00 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the city to accept and appropriate funds from the State of New
Hampshire, Department of Transportation for the purpose of providing a portion of the non-
Federal funds required to match Federal Transit Administration (FTA) operating funds. This
funding shall be in effect through June 30, 2021.

Approved as to account Gf Services Division
structure, numbers, x jp
and amount: By: dé

Approved as to form: Office of vecsraton a Counsel

By: Vou, (ore,
Date: _U Mancrn 70g0

R-20-021

RESOLUTION

ESTABLISHING AN INFORMATION TECHNOLOGY STUDY COMMITTEE

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that there is hereby
established an Information Technology Study Committee for the purpose of reviewing the
current and future use of information technology city-wide, and to explore best practices and
possible efficiencies and cost savings. Said committee will be comprised as follows:

A member of the Board of Aldermen, appointed by the Board President;

A member of the Board of Education, appointed by the Board President;

The Chief of the Police Department;

The Administrative Services Division Director;

Corporation Counsel; and

4 individuals appointed by the Mayor and confirmed by the Board of Aldermen.

Aw swNe

RESOLUTION:

PURPOSE:

ENDORSERS:

COMMITTEE

ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2020

R-20-021

Establishing an Information Technology Study Committee

Mayor Jim Donchess

Minimal administrative expenditures.

ANALYSIS

This resolution establishes an Information Technology Study Committee as described.

Approved as to form:

Office of Corporation Counsel

Date: 4 MOnrtry Gd PD

R-20-022

RESOLUTION

RELATIVE TO THE TRANSFER OF $50,000 FROM DEPARTMENT 194
“CONTINGENCY”, ACCOUNT 70100 “GENERAL CONTINGENCY” INTO FUND
6500 “PROPERTY AND CASUALTY FUND”, ACCOUNT 68360 “LOSS PREVENTION”

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that $50,000 be transferred
from Department 194 “Contingency”, Account 70100 “General Contingency” into Fund 6500
“Property and Casualty Fund, Account 68360 “Loss Prevention” for the purpose of purchasing
cleaning supplies and services related to the Coronavirus disease 2019 (COVID-19).

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2020
R-20-022

Relative to the transfer of $50,000 from Department 194
“Contingency”, Account 70100 “General Contingency” into
Fund 6500 “Property and Casualty Fund”, Account 68360
“Loss Prevention”

Mayor Jim Donchess

Reduces amount available in general contingency by $50,000.
The current balance in the general contingency account is
$84,750. In addition to this resolution, there is a pending
resolution, R-20-018, that would utilize $25,000 from the
current contingency account balance.

ANALYSIS

This resolution authorizes the transfer of $50,000 from General Contingency into the Risk
Management Property and Casualty Fund for the purpose of purchasing cleaning supplies and
services related to the Coronavirus disease 2019 (COVID-19).

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 WL NA

By:

we - Corporation’Con Counsel

nero

Date: Mor er S, Oo q