Search

R-21-130

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $220,000
FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND
HUMAN SERVICES INTO TRANSIT GRANT ACTIVITY
“FEDERAL TRANSIT AUTHORITY (“FTA”) OPERATING GRANT”

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the City of Nashua and
the Division of Community Development are authorized to accept and appropriate up to
$220,000 from the State of New Hampshire Department of Health and Human Services into
Transit Grant Activity “Federal Transit Authority (“FTA”) Operating Grant” for the purpose of
providing matching funds for the Job Access and Reverse Commute (“JARC”) program. This
funding shall be in effect from July 1, 2021 through June 30, 2023.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-130

PURPOSE: Relative to the acceptance and appropriation of up to $220,000
from the State of New Hampshire Department of Health and
Human Services into Transit Grant Activity “Federal Transit
Authority (“FTA”) Operating Grant”

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is an up to $220,000 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the city to accept and appropriate funds from the State of New
Hampshire Department of Health and Human Services for the purpose of providing matching
funds for the Federal Transit Authority’s Job Access and Reverse Commute (“JARC”) program.
This funding shall be in effect from July 1, 2021 through June 30, 2023.

Approved as to account Financial Services Division
structure, numbers,

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

By: Bye, Clow br
Date: © OUD, 94

"ON

R-21-131

RESOLUTION

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

CITY OF NASHUA

In the Year Two Thousand and Twenty One

RESOLVED by the Board of Alderman of the City of Nashua that the City is authorized
to enter into the contracts substantially in the attached form with Nashua Community College,
Rivier University, Town of Hudson, The Plus Company and the Souhegan Valley Transportation
Collaborative for transit services for the period of July 1, 2021 through June 30, 2022.

City of Nashua, New Hampshire
Nashua Transit System
and
Nashua Community College
“UPASS” TRANSPORTATION AGREEMENT
School Year — 2021 - 2022

THIS AGREEMENT, is by and between the City of Nashua, New Hampshire/Nashua
Transit System (“NTS”), and the Nashua Community College (“College”). NTS is a
municipal transit system, with a principal mailing address of 11 Riverside Street,
Nashua, NH 03062; and the College with a principal mailing address of 505 Amherst
Street, Nashua, NH 03063.

1. UNLIMITED FIXED-ROUTE ACCESS PRIVILGEGES

1.1 A valid Nashua Community College student/staff ID card shall be valid for
transportation during all scheduled hours of service, on all fixed-route NTS bus routes.
Riders presenting a valid Nashua Community College student/staff ID card will be
excused from paying a fare at the time of the trip. Compensation made by the College
per Section 4 of this agreement shall cover all fares by all such users of NTS service as
described in Section 2 of this agreement.

4.2 Ridership on any NTS bus by College students or staff under this Agreement is
subject to all NTS rules, terms and conditions of bus ridership. Without limiting the
foregoing, NTS expressly reserves the right to refuse service to any person not
complying with the same.

2. SERVICES

2.1 NTS shall provide its established and regularly publicized fixed-route bus service
and any additional bus service it may at its sole discretion activate. All routes operated
by NTS are open to and available for public use.

2.2 NTS reserves the right to modify bus routes and schedules as needed and in
compliance with federally mandated public transportation regulations per 49 CFR 5307.

3. TERM OF AGREEMENT

3.1 The term of this Agreement at the fee amounts stated in Section 4, shall be
July 1, 2021 through June 30, 2022.

3.2 If the College desires to continue this program after June 30, 2022, NTS must
receive written notification to include expected leveis of service by

January 15, 2022. Upon such notification, NTS will review the request and the parties
can enter into negotiations.

4. COMPENSATION
4.1 The total amount due to NTS by the College shall be $5,000.

4.2 The College shall pay NTS as follows:
a. $ 2,500 due by July 15, 2021
b. $ 2,500 due by January 15, 2022

5. RECORDS

5.1 NTS will keep ridership records for UPass usage. NTS will provide quarterly
ridership reports to the College. The College and NTS will work cooperatively to obtain
and share any other information deemed necessary by either or both parties.

6. ADMINISTRATION

6.1 The College shall not have, and shall not exercise any control over NTS's bus service.
The College shall not have and shall not exercise any control or supervision over
drivers of the buses used in said service,

6.2 Itis understood that the College will be responsible for marketing the program to
students except that NTS will approve all marketing materiais that contain, or reference,
the NTS trademark images or properties. NTS will work cooperatively with the College
to develop a marketing plan to market the UPass program.

7. INTERRUPTION OF SERVICE/NON-PERFORMANCE

7.1 NTS shall not be in default of any provisions of this Agreement for failure to perform
where such failure is due to sirikes, 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 NTS.

8. TERMINATION

8.1 Failure to make payment, as outlined on Section 4, shall result in termination of this
Agreement, at NTS’s sole and exclusive option. Should NTS exercise its termination
option under the terms and conditions of this paragraph, NTS shall have the right to
make legal claim for those monies outstanding. Should it be necessary for NTS to
exercise its termination option under the terms and conditions of this paragraph, NTS
shall not be liable to the College for any claimed damages, personal or property,
including any consequential damages, resulting from the loss of bus services under this
Agreement. Should this Agreement be terminated under the terms and conditions of this
paragraph, and the College then subsequently provides payment as required, NTS may
require 30 calendar days to reinstate the terms of this agreement.

8.2 If at any time during the term of this Agreement, either party shall fail to satisfactorily
meet the provisions of this Agreement, or if at any time the NTS system makes or
notifies the College of what the College considers to be an adverse change in any of the
bus service routing covered by this Agreement, the dissatisfied party shail so advise the
other party by certified mail indicating in specific detail the nature and basis of its
dissatisfaction. The party to whom the complaint is addressed shall have an opportunity
to correct the situation giving rise to the complaint within forty-five (45) days from its
receipt; if such corrections are not made to the reasonable satisfaction of the
complaining party within said period, the complaining party may terminate this
Agreement upon forty-five (45) days written notice,

8.3 All accounts shall be settled on a prorated basis in the event of termination of this
Agreement prior to its full term.

8.4 Should NTS or the College be unable to fulfill the requirements of this agreement
because of expected lack of funds, then either NTS or the College may provide written
notice of such expected lack of funds upon thirty (30) days prior written notice and this
agreement shall be terminated.

9, AMENDMENT/SEVERABILITY

9.1 This Agreement coniains ail terms, provisions, and conditions of the understanding
regarding the UPass program between the parties. Ail the provisions contained herein
are intended by the parties to be whole and entire and no provision is intended to be
severable.

9.2 This Agreement may be amended at any time by mutual agreement of NTS and the
College. Any amendment to this Agreement shall be in writing, signed by both parties,
and attached to the original of this Agreement.

10. NOTICE

10.1 Any notices issued, pursuant to the terms of this Agreement, shall be in writing and
delivered in person or by certified mail, return receipt requested, and mailed to the
address indicated in the execution of this Agreement, unless either party is notified, in
writing, to the contrary.

17. MISCELLANEOUS
11.1 This contract shail be governed under the laws of the State of New Hampshire.
11.2 NTS shall at all times comply with and observe all federal and state laws, local

laws, ordinances, and regulations which are in effect during the period of this contract
and which in any manner affect the work or its conduct.

ts

11.3 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.

12. NO DAMAGES FOR DELAY

12.1 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.

13. ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING

13.1 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 subconiracting 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
shail 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, ihe successors and
assigns of the parties.

14. 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.

‘

iN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
by duly authorized representatives as of the day and year aforesaid.

CITY OF NASHUA/NTS

BY:
Mayor James Donchess Date

NASHUA COMMUNITY COLLEGE

gy: Lucille Jordan
(Print Name & Title)
Lucite Jordan Feb 9, 2021
(Signature) Date

FY22 Nashua Transit UPass Agreement

Final Audit Report 2021-02-09
Created: 2021-02-09
By: Army Vazifdar {avazifdar@ccsnh.edu)
Status: Signed
Transaction ID: CBICHBCAABAACDJ4hVimF AGUKISZ7p99tyepMbByc4 5G

"FY22 Nashua Transit UPass Agreement" History

*4 Document created by Amy Vazifdar (avazifdar@ccsnh.edu)
2021-02-09 - 8:33:17 PM GMT- IP address: 73.119.251.40

£3 Document emailed to Lucille Jordan (ljordan@ccsnh.edu) for signature
2021-02-09 - 8:36:06 PM GMT

*4 Email viewed by Lucille Jordan (Ijordan@ccsnh.edu)
2021-02-09 - 8:44:05 PM GMT- IP address: 76.418.163.30

& Document e-signed by Lucille Jordan (ljordan@ccsnh.edu)
Signature Date: 2021-02-09 - 8:44:30 PM GMT - Time Source: server- IP address: 76.118.163.80

@ Agreement completed.
2021-02-09 - 8:44:30 PM GMT

Adobe Sign

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-143
PURPOSE: Proposing an amendment to the City Charter relative to the

manner of appointment of the Nashua Police Commission.

SPONSOR(S): Mayor Jim Donchess
Alderman Thomas Lopez
Alderman Brandon M. Laws
Alderwomen Shoshanna Kelly
Alderwoman Patricia Klee
Alderwoman Jan Schmidt

COMMITTEE
ASSIGNMENT: Personnel/Administrative Affairs Committee
FISCAL NOTE: The City Clerk estimates the cost associated with a charter
amendment as approximately $200 during a regular municipal
election.
ANALYSIS

This Resolution would submit to the voters a proposed amendment to the City Charter providing
for appointment of police commissioners by the mayor and the president of the board of
aldermen with the approval of the board of aldermen.

The procedure for charter amendments is set forth in RSA 49-B:5. The Board of Aldermen must
hold an initial vote to determine if the amendment is “necessary”. If the amendment is
determined to be necessary, the Board of Aldermen must order that notice be given for a public
hearing on the amendment. Notice of the public hearing must be published in a newspaper of
general circulation at least seven (7) days prior to the scheduled hearing. The notice must
contain the text of the proposed amendment and a brief explanation.

Within seven (7) days after the public hearing, the Board of Aldermen shall file with the City
Clerk a report containing the proposed amendment. Within ten (10) days of filing, the City Clerk
files a certified copy of the report to the secretary of state, the attorney general, and the
commissioner of the department of revenue administration pursuant to RSA 49-B:4-a. Within
seven (7) days after receiving approval from the secretary of state, the attorney general, and the
commissioner of the department of revenue administration, the Board of Aldermen may vote to
order the proposed amendment to be placed on a ballot at the next regular municipal election.