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R-22-030

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-Two

RESOLVED by the Board of Aldermen af 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. The intent of the
funding is for $20,000 to be used for general infrastructure improvements including both
technical and facilities, and $5,000 to go into the Senior Center’s Reserve Fund.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-030
PURPOSE: 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

SPONSOR(S): Mayor Jim Donchess
Alderman Richard A. Dowd
Aldermen Derek Thibeault

COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: Reduces amount available in general contingency by $25,000

that could be used for escrow or surplus in FY22. The current
balance in the general contingency account is $175,600.

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. The intent of the funding is for $20,000 to be used for general
infrastructure improvements including both technical and facilities, and $5,000 to go into the
Senior Center’s Reserved Fund.

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 Financial Services Division
structure, numbers and

- amount: By: /s/John L. Griffin
Approved as to form: Office of Corporation Counsel

By: Vopuahe, CM fa
Date: af Opp Maa

R-22-031

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO CONTRACTS WITH THE
SOUHEGAN VALLEY TRANSPORTATION COLLABORATIVE, NASHUA
COMMUNITY COLLEGE, RIVIER UNIVERSITY, TOWN OF HUDSON AND TOWN
OF MERRIMACK FOR TRANSIT SERVICES

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into contracts substantially in the attached form with the Souhegan Valley
Transportation Collaborative, Nashua Community College, Rivier University, Town of Hudson
and Town of Merrimack for transit services for the period of July 1, 2022 through June 30, 2023.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-031
PURPOSE: Authorizing the City of Nashua to enter into contracts with the

Souhegan Valley Transportation Collaborative, Nashua
Community College, Rivier University, Town of Hudson and
Town of Merrimack 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 the Souhegan Valley
Transportation Collaborative, Nashua Community College, Rivier University, Town of Hudson
and Town of Merrimack for the period of July 1, 2022 through June 30, 2023.

Approved as to account Financial Services Division
structure, numbers and

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

By: /s/ Celia K. Leonard

Date: May 3. 2022

City of Nashua, New Hampshire Nashua Transit System
and
Town of Hudson, New Hampshire
AGREEMENT FOR TRANSPORTATION SERVICES
July 1, 2022 thru June 30, 2023

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, 2022 and shall terminate
automatically on June 30, 2023.

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 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.e.
nursing homes) are, however, excluded from being a “Qualificd 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 [0 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 sha!l be provided door-
to-door service, however, they must specify when booking their trip that
they will need the additional serviceshelp 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.

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 shali 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
fue! 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 Hudson van cannot be back to Nashua for any

2

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 shoster
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 Annual Cost | Estimated Farebox | Cost for FY23
Hour Hours 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 Destination
Farebox Rates Nashua Hudson Merrimack
Hudson Origin $5.50 $3.50 $7.50
Ride

10.

11.

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 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.

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

1] Riverside St.

Nashua NH, 03062

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

The contact person is:
Camille Correa, Transportation Administrator

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 Hillsborough County (New Hampshire)
Superior Court Southern Judicial District or in the New Hampshire 9" Circuit Court —
Nashua and not elsewhere.