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City of Nashua, New Hampshire Nashua Transit System
and
Town of Merrimack, New Hampshire
AGREEMENT FOR TRANSPORTATION SERVICES
July 1, 2021 through June 30, 2022

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,

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PERIOD

The period of performance of this agreement shall begin on July 1, 2021 and shall
terminate automatically on June 30, 2022.

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 to5PM
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 "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
interrupt the transportation schedule.

C. The Provider will make every effort to process completed applications expeditiously
but the processing may take up to ! O 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.
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

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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 |
|

REPORT OF THE FINANCE COMMITTEE

MAY 5, 2021
A meeting of the Finance Committee was held on Wednesday, May 5, 2021, at 7:00 p.m. via teleconference.

Mayor Jim Donchess, Chairman, presided.

Mayor Donchess

As Chair of the Finance Committee, | find that due to the State of Emergency declared by the Governor
as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency Order #12 pursuant
to Executive Order 2020-04 and subsequent extensions, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governor's Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or other
electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099
Meeting ID: 882 8540 8513 Passcode: 974493

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through public
postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov and
publicly noticed at City Hall and Nashua Public Library. If anyone has a problem accessing the meeting via
phone or Channel 16, please call 603-821-2049 and they will help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will be
adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done by roll
call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please also
state whether there is anyone in the room with you during this meeting, which is required under the Right-To-
Know Law. The roll call was taken with 7 members of the Finance Committee present: Alderman Patricia
Klee, Alderwoman Elizabeth Lu, Alderman Linda Harriott-Gathright, Alderwoman-at-Large Shoshanna Kelly,
Alderman-at-Large Brandon Michael Laws, Alderman-at-Large Michael B. O’Brien, Sr., and Mayor Jim
Donchess

Also in Attendance: Alderman-at-Large Lori Wilshire
John Griffin, CFO/Comptroller
David Fredette, Treasurer/Tax Collector
Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager
Sarah Marchant, Community Development Director
Captain Mederos, Nashua Police Department
Doria Brown, Energy Manager
Tim Cummings, Economic Development Director

Finance Committee - 05/05/2021 Page 2
ROLL CALL

Alderman Klee

| am here, | can hear the proceedings and | am alone in this room.

Alderwoman Lu

| am alone here and | can hear you.

Alderman Harriott-Gathright

The Clerk is present, | am alone and | can hear you.
Alderwoman Kelly

| am here, | am alone and | can hear everyone.
Alderman Laws

| am here, | am alone and | can hear everyone.
Alderman O’Brien

| am present, | can hear the proceedings and | am alone.

Mayor Donchess

Yes | am distancing as a result of the pandemic and | am alone in the room. Thank you Madam Clerk. We, of
course, have a quorum. Public Comment. Is there anybody who would like to address the Committee?

PUBLIC COMMENT - None

Alderman Harriott-Gathright

| would like to acknowledge that President Lori Wilshire is on board as well.
Mayor Donchess
Oh, OK. Thank you for doing that. Is there any other members? David Fredette, Kim Kleiner.

Alderman Harriott-Gathright

Yes John Griffin and Tim Cummings.
Mayor Donchess
Welcome Alderwoman Wilshire.

Alderman Harriott-Gathright

It’s quite a few.

Finance Committee - 05/05/2021 Page 3

COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: DMV Staffing/Online Appointment Management in the amount not to exceed $40,000 funded from
accounts 53452 Staffing Services

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND APPROVE THE
CONTINUED CONTRACT WITH THE LEDDY GROUP IN ASSISTING WITH THE ONLINE APPOINTMENT
SYSTEM FOR MOTOR VEHICLE REGISTRATION CUSTOMERS IN AN AMOUNT NOT TO EXCEED
$40,000 THROUGH JUNE 30, 2021. FUNDING WILL BE THROUGH DEPARTMENT: 126 FINANCIAL
SERVICES; FUND: 53452 STAFFING SERVICES, BY ROLL CALL.

ON THE QUESTION

Mayor Donchess

| believe Mr. Fredette is here on this, City Treasurer. David are you here on this one or is it Ms. Kleiner?

John Griffin, CFO

Mr. Mayor, this is John Griffin.

Mayor Donchess

Alright we’ve got Mr. Fredette and CFO Griffin. Go ahead, explain the item please?

David Fredette, City Treasurer

Well briefly, | could talk about it for half an hour, but briefly since March of 2020, not March of 2021 but 2020
through today | have had at least 2 to 4 employees out on medical or COVID-19 issues and | still have
employees out. I’ve needed some extra help to deal with emails, telephone calls and the appointment system.
We are seeing about 120 people a day and | need that extra help with the short-handedness with the people
that have some health issues, basically is the answer.

Mayor Donchess

OK. Questions or comments from the Committee or any members of the Board?

Alderwoman Lu

| have a question.

Mayor Donchess

Alderwoman Lu.

Alderwoman Lu

Thank you, Mr. Chairman. So in the past, you know, | don’t have my notes taken very well on my sheet of
paper here but over the last year, we have spent | think it was $24,000.00. But the end date on this staffing |

thought was June 30", 2021. So | am asking about why the addition that’s the end date is in two months is
close to what the original year was?