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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.

Board of Aldermen Page 15
November 9, 2016

more involved with what legislation there is that will affect us and how can we try to influence that. As a
result, | had some conversations with the Mayor and we went out and looked at what it would cost to hire a
firm to do some of that work for us and the number, just to keep track of the bills and inform us of which ones
we might be interested in, without any lobbying efforts would have been $25,000 per year which we didn’t
think the budget would support. | went back and looked at some things. We have Derek Danielson in the
finance office who is working on tracking bills in general and looking at what effects the city and what | have
done in our office is asked Trish, who has done a tremendous job for us to expand her hours to about 34
hours per week to take on a lot more of the responsibilities of transcription and some of the day-to-day work
of the Board which will allow Sue some time to work with Derek in terms of looking at legislation that this
Board will be particularly interested in. | Know from looking at what comes out on an average term there are
a lot of things that will effect Tricia Piecuch’s operation but are not of tremendous policy interest to the Board
of Aldermen so we will be looking for things that effect land/use or municipal financing or tax policy or the
retirement system that will be of interest to this Board and I’ve asked Sue to take on when we look at those
and when there is a policy position from this Board that we would like to express we will send Sue up to read
some statements or talk at hearings of the committees and we will ask her to keep in touch with the
delegation and | think we will be setting up more opportunities for the Board to talk to the delegation about
what is going on at the state level.

Committee announcements:

Alderman Wilshire

Human Affairs Committee will meet Monday, November 14" at 7:00 p.m. here in the Aldermanic Chamber.
Alderwoman Melizzi-Golja

Planning and Economic Development Committee will meet on Tuesday, November 15" and we will have a
public hearing at 6:30 p.m. on O-16-020, Clarifying and Updating the Elderly Housing Supplemental Use
Regulation. At the last Planning and Economic Development Committee meeting a request was made for
Attorney Bolton to attend that meeting and he will be in attendance. The regular meeting will follow the
public hearing.

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE THAT THE NOVEMBER 9, 2016, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 8:35 p.m.

Attest: Patricia Piecuch, City Clerk

Finance Committee — 02/02/2022 Page 8

Julie Chizmas, Long-Term Transportation Planner

So this particular contract will be 100 percent federally funded. It’s when we get into construction if we have overruns on
that project. The city currently we have 100 percent funded for $3.661 million. If we go over that up to an amount of
$4,576,250, the portion to be shared with them, we would have to pay 20 percent of that overage. So it would be 20
percent of $950,000. Then any amount if the project costs goes over that $4.5 million plus, the city would have to share
50 percent of the amount over that.

Alderman Klee
Like | said, | did remember this conversation. | just didn’t remember the numbers.

Tim Cummings, Economic Development Director

And if | may Mr. Mayor, that’s why | say time is of the essence. Really keeping it on track to ensure that we do the best
that we can for the taxpayers here in Nashua is really important. So that’s why moving this along as quickly as possible is
imperative.

Mayor Donchess

Anyone? Questions, comments?
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Environmental Permitting in the amount not to exceed $225,365 funded from 53107 Architect & Engineering
Services/Riverfront TIF Fund (Economic Development)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE AND APPROVE A CONTRACT FOR
PROFESIONAL ENGINEERING SERVICES RELATED TO THE NASHUA DOWNTOWN RIVERFRONT
IMPLEMENTATION PROJECT WITH VANASSE HANGEN BRUSTLIN, INC. (VHB, INC.)

IN THE AMOUNT NOT TO EXCEED $225,365. FUNDING THROUGH DEPARTMENT: 183 ECONOMIC
DEVELOPMENT; FUND: 53107 ARCHITECT AND ENGINEERING SERVICES/RIVERFRONT TIF FUND

ON THE QUESTION

Tim Cummings, Economic Development Director

Thank you Mr. Mayor. Again for the record, Tim Cummings, Director of Economic Development. This is essentially part
of the Riverfront TIF that we have been working on for a few years now. It was before you in the fall an outline that we
had achieved a certain level of design. We are now moving into the next phase. | had mentioned that we were going to
be looking for permitting and then final design contracts in the coming weeks. This is the permitting contract for just over
$225,000. It was always anticipated to part of the VHB work which we competitively bid a few years ago. So we are
looking to get this executed to keep the project on track. Permitting is just one element of the design phase. We will have
a final design contract that we will be anticipated sometime in the next | would suggest next month or two and also a
construction manager’s contract. By way of background issued a RFQ from Construction Management Services and I'll
be looking to bring that before this body in the near future.

My closing comments on this is this is a TIF process. So this is a little bit unique where different than our traditional
procurement process. Anything that is a TIF related item not only receives a recommendation by this body, it has to go
on to the Board of Aldermen for the Board of Aldermen’s full approval before the contract can be executed. So this is just
one of a multi-step process. | will leave my comments there Mr. Mayor.

Mayor Donchess

Discussion? Questions?
Alderman Klee

Thank you again. Director Cummings | realize this has to go through this Board and this committee and then the full

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
ioe

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