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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.
il. 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.

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 SPM. 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 scheduling a trip.

4

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
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 will 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 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 | ProjectedHours | Annual Cost Estimated Cost for FY22
per Hour of Service Farebox
$ 44.04 1155 $ 50,866 3 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

a)

10.

Il.

C. 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 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 service hours and chooses not to pay for additional services
hours, the Provider will curtail services once a total of 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 Federa! 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.

13.

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

1] Riverside St.

Nashua NH, 03062

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

The contact person is:
Camille Pattison, Transportation Administrator

The mailing address of the Town is:
Town of Merrimack

6 Baboosic Lake Rd.

Merrimack. NH 03054-0940

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.

16. NODAMAGES 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.

17. 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 not 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.

18. 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

OU Pe
BY : VELO 7 (

Puual.'T. Micabi Asst Toon Momasor France Wess
DATE Ylit/2oz) Adinra.

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE

ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021

R-21-140

Authorizing the City of Nashua to enter into a contract with
the Town of Merrimack for transit services.

Mayor Jim Donchess

Finance Committee

This revenue contract provides local matching funds to the transit
operating grant.

ANALYSIS

This resolution authorizes the City of Nashua to enter into a contract with the Town of
Merrimack for transit services for the period of July 1, 2021through June 30, 2022.

Approved as to form:

Office of Corporation Counsel
pe ee

Date: \ aN 2 aoa |
|

R-21-141

RESOLUTION

AUTHORIZING THE EXPENDITURE OF UP TO $24,500 FROM THE
CONSERVATION FUND FOR WORK ON THE SALMON BROOK TRAIL

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board. of Aldermen of the City of Nashua that the Mayor is
authorized to expend up to $24,500 from the Nashua Conservation Fund (Fund #4080) for work
on the Salmon Brook trail. Up to $21,000 will be used to define and improve the Salmon Brook
Trail section between Ingalls Street and Burke Street within the Joyce Park Wildlife Sanctuary
via contracted services with the Student Conservation Association (SCA), and up to $3,500 will
be used for materials and equipment rental for the project.

LEGISLATIVE YEAR 2021

RESOLUTION: R-2i-141

PURPOSE; Authorizing the expenditure of up to $24,500 from the
Conservation Fund for work on the Salmon Brook Trai]

SPONSOR(S): Alderman Ernest A. Jette

COMMITTEE

ASSIGNMENT: Budget Review Committee

FISCAL NOTE: Fiscal impactis the expenditure ofup to 324,500, The curren:
balance at the Consery: ation Fund (Fund #4056) is 31,620,961,

ANALYSIS

This resolution would authorize the City to expen
Fund for wark on the Salmon Brook ‘Trae as desert

Commission approved these expenditures.

f"~

NRO §$5-118 provides that monies in tne Co.
Conservation Commission in accordance with
appro S of the Board of Aldermen. RS8 Cha
trom the Conservation Fund consis
includes ‘the proper utilization and

3
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a
at

2

to
oe ya
Cr eb TS fp

or

Approved as to account Financial Services Division
structure, numbers,

and amount: By: _/s/John Griffin
Approved as to form: Office of Corporation Counsel

pe pee Parke
Date: 5 Yang, 9004

R-21-142

RESOLUTION

RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2022 PROPOSED BUDGET
FOR THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE
FUNDS

CITY OF NASHUA

In the Year Two Thousand and Twenty One

RESOLVED by the Board of Aldermen of the City of Nashua that the Fiscal Year 2022
Proposed Budget for the General Fund of the City of Nashua be and is hereby adopted, and that
the following amounts are hereby appropriated for the several accounts and for other needs of the
City of Nashua General Fund for the fiscal year beginning July 1, 2021, and ending June 30,
2022, and for the purpose of Section 50-a et seq. of the Nashua Revised City Charter, as
amended, each item of this budget shall be considered as a separate appropriation. The proposed
General Fund appropriation amount is $290,366,852 with estimated General Fund Revenues of
$64,979,022 including estimated state funding for education in the amount of $32,839,691.

That the Fiscal Year 2022 Proposed Budget for the Enterprise Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Enterprise Funds for the fiscal year
beginning July 1, 2021 and ending June 30, 2022, and the purpose of Section 50-a et seq. of the
Nashua Revised City Charter, as amended, each item of this budget shall be considered as
separate appropriation. The proposed Enterprise Funds appropriation amount is $38,344,285
(inclusive of anticipated Capital Appropriations), with estimated Enterprise Funds Revenues of
$33,155,377 and any additional funding for capital and CSO-related expenditures from retained
earnings, bonding and/or State Revolving Fund Loans.

That the Fiscal Year 2022 Proposed Budget for the Special Revenue Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Special Revenue Funds for the fiscal
year beginning July 1, 2021 and ending June 30, 2022. The proposed Special Funds
appropriation amount is $18,570,313 with estimated Special Revenue Funds Revenues of
$18,570,313.

RESOLUTION R-21-142

Neither the approval and adoption of this budget, or any appropriation contained herein,
or to any City department or agency, including the Nashua Schoo! District, whether as proposed
or amended, shall be deemed to mean that the City has approved any program or responsibility
for funding in accordance with Part 1, Article 28-a of the Constitution of the State of New
Hampshire. Notwithstanding any appropriation herein, the city hereby expressly declines to
approve funding for any program or responsibility for which it is entitled by law to payment
from the State of New Hampshire pursuant to Part 1, Article 28-a of the State Constitution,
whether it has previously been determined that the City is entitled to said funding or not.