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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
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 FY22
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
Ride $5.50 $3.50 $7.50

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
3

10.

11.

12.

agreed rate upon invoice and not to exceed 30 days. Checks shai! be made payable
to: Nashua Transit Systern.

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. [f 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. Ifthe 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 contro} 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.

¢ RIGHTS
The parties agree that as a condition of this Agreement they will each comply with ail
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.

EARLY TERMINATION

SALES e SERVICE
a INSTALLATION

20 Downeast Drive, Yarmouth, Maine 04096

VENDOR INFORMATION AND PROJECT TEAM

Year Established: 1980

Number of Employees: 20

Office Location: 20 Downeast Drive, Yarmouth, Maine
OFFICE PHONE: 207-846-1054

Expertise: Lockers (we provide and install 50,000 lockers per year). We
are also a full division 10 supplier and allied material handling supplier.

Sr. Project Manager-VP: Eric Peterson-has been with company 34 years.
epeterson@mathand.com, 207-846-1054 ext 103

Service Manager- James Bolduc- Has been with company 16 years,
jbolduc@mathand.com

Safety Manager- William Clifford- Has been with company 28 years,
bclifford@mathand.com

Melissa McCourt- Contract Administrator- has been with company 22
years, mmccourt@mathand.com

MATERAIL HANDLING SALES, INC is classified as a small business.

13.

14,

15,

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

It 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 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 shal! 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. NO DAMAGES FOR DELAY

18.

No payment, compensation, or adjustment of any kind shall be made to Town for damages
because of hindrances or delays in the performance of Provider under this Agreement from
any cause.

17. ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING

Town 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 shal] 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.

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 > ;
Qo Ko

BY

QO

Witness

DATE 2-6 7R OQ

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 calied the Agency;

1. PERIOD

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

2. 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.

3. 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).

4, 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 shall 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.

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 mmute window the vehicle
will leave and may not be able to retum depending on their schedule, Trips
canceled within |-hour of the scheduled pick-up window shall 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 equipmem 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

A.

The Provider reserves the right to deny service and/or require personal care
attendants for anv clients whom the Provider feels may be a risk to themselves
or the drivers or other passengers.

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

10.

COMPENSATION

A. The Agency agrees to pay the Provider:
e $7.00 per one way trip with an origin and destination within the City of
Nashua.
* $9.00 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.

il.

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 Systen:

iif Riverside St.

Nashua NH, 03062

and its telephone numer ts:

(603) 880-0100

The contact person is:
Camille Pattison, Transportation Administrator

The mailing address of the Agency is:
The PLUS Company

19 Chestnut St.

Nashua, NH 63060

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 of law or conflicts of law rules
that would result in the application of the laws of a different jurisdiction. Any
claim or actior. brought relating to this agreement, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be