Search

Applications for Paratransit Services will include, as a separate page, a copy of the agreed upon
No Show and Cancellation Policy. Applications received by SVTC will be emailed or otherwise
delivered in hardcopy to a designated person at NTS. Applications received by NTS will be
emailed or otherwise delivered in hardcopy to a designated person at SVTC. Every effort will be
made by NTS to process applications as soon as possible, but processing may take up to 10
business days. In extreme circumstances, NTS will make every effort to process the application
expeditiously.

1.6 Reservations.

Reservations must be made two business days in advance and can be made Monday through
Friday, from 8 AM to 5PM. 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.

Healthcare related trips take priority over all other types of rides. When scheduling conflicts
arise, NTS will work with SVTC, to ensure rides are prioritized by senior citizens and those living
with a disability over rides reserved by other residents. The SVTC 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
The 30-minute pick-up window is included in the total trave! 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 5pm the day before the Paratransit service is requested, unless
there are weather or emergency related changes necessitating a shorter timeframe.

Total Travel Time
Travel Times Amherst, Brookline, | Mont Vernon and Wilton
Hollis, and Milford
In-Town Trips 1 hour 1 hour
Out of Town Trips _ 1.5 hours 1.6 hours
To Nashua 1.5 hours 2 hours

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 Paratransit. 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.)

1.7 Shopping.

Shopping is available on weekdays, as agreed upon by SVTC and NTS, for Amherst, Brookline,
Hollis, Milford, Mont Vernon, and Wilton residents. A minimum of 1 hour is scheduled for
passengers(s) to complete shopping per destination. Due to safety and space limitations on
vehicles there is a 2 shopping bag limit per rider. Passengers must be able to manage their
shopping bags as NTS drivers are not able to assist.

Passengers must inform dispatch of their intent to bring an NTS approved cart when scheduling
aride. The use of an NTS approved shopping cart is on a space available basis. Ifa
passenger's cart cannot be accommodated, NTS will notify the passenger in advance. All
items must be contained within the NTS approved cart, properly controlled by the passenger,
and safely secured in the designated storage area.

1.8 Safety.

After prior approval from NTS Supervisors, which approval shall be at his or her sole discretion,
NTS drivers will go into driveways with safe turn around access. This is necessary to ensure
adequate space is available for Paratransit to turn around. {f NTS determines a driveway is
unsafe to enter, NTS will notify SVTC and the rider. Drivers are able to assist passengers in
boarding or disembarking safely from the Paratransit. As noted previously drivers cannot assist

with shopping bags.

When asked, drivers will assist passengers with securing seatbelts. Drivers will secure all
wheelchairs or scooters. Drivers will assist riders from and to origin and destination doors
unless the access way is not safe due to snow or ice or other unforeseen obstacles.

SVTC and NTS reserve the right to suspend service to a passenger when the safety of
passengers or driver is compromised.

1.9 No-Shows and Cancellations.
No-Show Policy:

No-Shows are defined as: rides not cancelled by the passenger or their representative at least
two (2) hours before the scheduled pick-up time and rides where the passenger does not board
the van to take a scheduled ride within 5 minutes of the van's arrival.

& 2° No-shows = NTS to call passenger and send reminder letter. The NTS
Mobility Manager or designee w.ll contact the passenger to discuss resolving any
barriers or constraints that may be causing the pattern of No-Shows.

o =/> 3% No-show = NTS will email SVTC with passenger name, address, phone
number, date of service, time of service, pick up and drop off locations along with
number of no-shows to SVTC.

o NTS and SVTC will coordinate any additional follow-up actions to be taken prior
to an actual suspension letter being sent to the passenger. NTS and SVTC will
make every effort to help the passenger resoive any barriers or constraints that
may be causing the pattern of No-Shows.

© A suspension due to a pattern or practice of No-Shows will be for 15 business
days of service.

© Any passenger that disagrees with the suspension may appeal the suspension to
SVTC.

Cancellation Policy.

All cancellations by SVTC passengers require a minimum of two (2} hour notice prior to the
pick up time, due to the amount of travel time for towns outside of Nashua, or they will be
considered a no show.

o Onacase-by-case basis, with extenuating circumstances, SVTC and NTS will
work with individual passengers on utilizing alternate transportation plans to
address unique needs.

o Any amendments or changes to passenger policies by NTS or SVTC will be
mutually agreed upon and communicated in writing to the other party in a timely
manner.

SECTION 2: TERM

This agreement shall be effective as of July 1, 2022 and shall terminate on June 30, 2023
unless terminated earlier by one of the parties, in which case, written notice of termination shall
be required no less than thirty (30) days prior to the proposed termination date. Upon
termination of this Agreement any and all property used in connection with this Agreement will
be promptly returned to the party hoiding title thereto.

SECTION 3: SVTC RATE, FARES AND PAYMENT
3.4 SVTC shali pay $53 per hour for contracted or scheduled Paratransit Service.

3.2 Fares.

Each one way ride is $2.00 per person. Personal Care Assistants ride at no cost while
accompanying a paid rider. Children age 5 and under ride free but must be accompanied by an
adult. Guest(s) are an additional $2.00 per person, and are treated as a separate rider. NTS
must be notified about the guest(s) when the ride is scheduled. Each SVTC Bus Fare Pass
provides 1 one-way ride free of charge to the passenger.

3.3 Billing and Payment.

SVTC is obligated to pay any Paratransit Fare fees accrued through the SVTC Free Bus Fare
Program on a quarterly basis. NTS will collect the SVTC Free Bus Fare Passes on a monthly
basis for pick-up by SVTC.

NTS shall submit quarterly bills for the Purchase of Paratransit Services and the Free Bus Fare
Program rides to NRPC,

NRPC will review the Purchase of Paratransit Service bill and request approval by SVTC and
submit to NHDOT. Upon approval by SVTC, NRPC will submit the quarterly Purchase of
Paratransit Services invoice to NHDOT for payment. Once payment is received from NHDOT,
NRPC will release the payment to NTS.

NRPC will send the NTS Free Bus Fare Program bill to SVTC for review and approval. Once
approved, NRPC, acting as SVTC's fiscal agent, will release payment to NTS. In the event that
SVTC assumes financial management of its resources, SVTC will release said payment to NTS

3.4 SVTC may conduct service and financial audits for services operated with any funding
from SVTC.

SECTION 4: CITY RESPONSIBILITY

4.1 The CITY shail provide reasonable financial and operational data to SVTC with respect
to all transportation services, as requested from time to time.

4.2 In performing hereunder, CITY shall comply with ail applicable laws, ordinances,
regulations and codes of the federal, state and local governments.

4.3 Interruption of Service/Non-Performance

CITY and NTS shali not be tn default of any provisions of this Agreement for failure to perform
where such failure is due to strikes, waik-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 CITY or NTS.

SECTION 5;

5.1 Records.

i) The Federal Transit Administration (FTA), the NHDOT, the Comptroller General of the
United States, or any designee shall have access to any books, documents, papers and
records which are pertinent to this Agreement for the purpose of making audit,
examination, excerpts and transcr'ptions,

it} NTS will provide a ridership information report to SVTC for each month that Paratransit
Service is provided. Substantive modifications to the content or format of the report as
developed between 2008 and 2023 will be mutually agreed to in writing by SVTC and
NTS.

it} From time to time, additional information may be needed for such things as securing
funding and meeting grant requirements. SVTC and NTS will review these requirements
in advance to arrive at a mutually agreed upon dataset and timeframe.

iv) NTS shall provide the Hours-Miles-Mobility-Denial report to NRPC on a quarterly basis.

v) NTS shall provide an updated copy of the client list upon request to SVTC but not more
than four tmes per calendar year.

5.2. Covenant Against Contingent Fees.

Both parties warrant that no person has been employed or retained to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee; and that no member of Congress, CITY Board, the SVTC Board or any
employee of CITY or SVTC, has any interest, financially or otherwise, in this Agreement.

5.3 Alteration in Character of Work. Minor alterations in the character of work shail be
authorized in writing by SVTC and acknowledged by CITY by letter.

5.4 Termination

SVTC and CITY hereby agree to full performance of the covenants and obligations contained
herein, except that each reserves the right, at its option and sole discretion, to terminate the
service provided for in this Agreement, or any portion thereof. Termination of this Agreement
may be at any time and for any reason, with or without cause, upon providing thirty (30)
calendar days prior written notice. Termination shall be effected by delivery of a Notice of
Termination specifying the extent to which performance of work under the Agreement is
terminated, and the date upon which such termination becomes effective. Upon termination,
CITY shall calculate actual expenses incurred up to and including the date of termination
together with any penalty or costs imposed by other funding sources or contracts and any costs
attributing to Section 13(c) of the Federal Transit Act of 1964, as amended, the total of which is
hereinafter referred to as "termination costs.” If SVTC has paid CITY sums in excess of the
termination costs, CITY shall refund the excess; if SVTC has paid CITY an amount less than the
termination costs, then SVTC shall pay to CITY an amount equal to the difference between the

termination costs and the amount that SVTC has already paid under this Agreement within thirty
(30) days

5.5 Additional Work.
Additional work, when authorized by executed contract change order or supplement agreement,
shall be compensated for by a fee, mutually agreed upon by CITY and SVTC.

5.6 Successors and Assigns.

This Agreement shall not be assignable, except at the written consent of the parties hereto; and
it shall extend to and be binding upon the heirs, executors, administrators, successors and
assigns of the parties hereto

57 Title Vi Assurances

The parties hereby agree thai 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 Adm nistration

5.8 Civil Rights

The parties agree that as a condition of th:s 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

SECTION 6: INDEMNIFICATION

Each party to this Agreement agrees to defend, indemnify, save and hold harmless the other
(and each of their respective directors, officers, agents and employees) from and against all
liabilities, suits, obligations, claims, demands, damages, fines, costs and expenses (including
reasonable attorney's fees) arising under this Agreement to the extent that such are aitributable,
directly or indirectly, to the indemnifying party's negligence, error, omission or intentional act. An
indemnifying party's negligence, error, omission or intentional act, as that phrase is used herein,
includes the negligence, error, omission or intentional act of its officers, agents and employees.
This provision shall survive the termination of this Agreement.

SECTION 7: AMENDMENT

This Agreement may be amended in whole or in part by written agreement of the parties.
SECTION 8: RELATIONSHIP OF PARTIES

Each party to this Agreement shall act in its individual capacity and not as an agent, employee,
partner, joint venturer, associate, or any other representative capacity of the other. Each party

shall be solely and entirely responsible far its acts or the acts of its agents and employees
during the performance of this Agreement.

SECTION 9: INTEGRATION

This agreement represents the entire agreement of the parties with respect to the subject matter
hereof, and all agreements entered into prior hereto with respect to the subject matter hereof
are revoked and superseded by this Agreement, and no representations, warranties,
inducements or oral agreements have been made by any of the parties except as expressly set
forth herein, or in other contemporaneous written agreements. This Agreement may not be
changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt
at oral modification of this Agreement shall be void and of no effect.

SECTION 10: 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.

SECTION 11: SEVERABILITY

If any provision of this Agreement is declared void or unenforceable, such provision shall be
deemed severed from this Agreement, which shall otherwise remain in full force and effect.

SECTION 12: WAIVER

Failure of any party to exercise any right or option arising out of a breach of this Agreement
shall not be deemed a waiver of any right or option with respect to any subsequent or different
breach, or the continuance of any existing breach.

SECTION 13: COUNTERPARTS

This Agreement may be executed in any number of counterparts, all such counterparts
shall be deemed to constitute one and the same instrument, and each of said counterparts
shall be deemed an original hereof.

SECTION 14: CAPTIONS

Captions and section heading used herein are for convenience only and are not a part of
this Agreement and shall not be deemed to limit or alter any provisions hereof and shall
not be deemed relevant in construing this Agreement.

SECTION 15: NOTICES

Any notice, consent or other communication ("Notice") required or permitted under this
Agreement shall be in writing and either delivered in person, sent by electronic mail (email),sent
by facsimile transmission, deposited in the United States mail, postage prepaid, registered or
certified mail, return receipt requested, or deposited with any commercial air courier or express
service addressed as follows:

ffto SVTC:

Altention:

Carol Brooks, Board of Directors Chairperson
Souhegan Valley Transportation Collaborative
P.O. Box 753

Hollis, NH 03049

Ito CITY:

James Donchess, Mayor
229 Main St

PO Box 2019

Nashua, NH 03061-2019

Notices shall be deemed received at the time it is personally served, on the day it is sent by
email transmission, on the second day after its deposit with any commercial air courier or
express service or if mailed, ten (10) days after the Notice is deposited in the United States
mail as above provided. Any time period stated in a Notice shall be computed from the time the
Notice is deemed received. Either party may change its mailing address or the person to receive
Notice by notifying the other Party as provided in this paragraph. Notices sent by email
transmission may also be sent by regular mail to the recipient at the above address. This
requirement for duplicate notice is not intended to change the effective date of the notice sent
by email

SECTION 16: ASSIGNMENT. TRANSFER, DELEGATION, OR SUBCONTRACTING

SVTC and City 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.

SECTION 17: LEGAL COMPLIANCE AND PROHIBITION

To the extent applicable, SVTC and CITY each warrant compliance with any and all applicable
governmental restrictions, regulations and rules of duly constituted authorities having jurisdiction
over transit services provided via this Agreement. Parties acknowledge that a breach of this
warranty is a material breach of this Agreement and parties are subject to penalties for
violation(s} of this provision, including termination of this Agreement.

CITY and SVTC each retain the right to inspect the documents of any and all contractors,
subcontractors and sub-subcontractors performing work and/or services relating to this
Agreement to ensure compliance with this warranty. Any and all costs associated with

inspections are the sole responsibility of the party subject to inspection. SVTC and CITY each

hereby agree to indemnify, defend and hold each other harmless for, from and against all losses

and liabilities arising from any and all violations thereof

IN WITNESS WHEREOPF, the Parties have caused this Agreement to be executed and

delivered as of the date first set forth above

City of Nashua

By:

James Danchess, Mayor

Date:

Souhegan Valley Transportation Coilaborative

By: een VA cet
Carol Brooks, Chairperson

Tile: \Pia O28. o-=r

\
Date: OUI TG | AG
——— ie

a ~
A
Nashua Regional Alanning Commission

f

“ f A gi
7 ae _
Jay Minkarah, Executive Director
al Li > f 7) 447
it EX Te Lye VACHE

Date ¥ f +f Zp ae:

1G

R-22-032

RESOLUTION

APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE NASHUA BOARD OF EDUCATION AND THE NASHUA
TEACHERS’ UNION, LOCAL 1044, AFT, AFL-CIO, UNIT D, FOOD SERVICE
WORKERS FROM SEPTEMBER If, 2021 THROUGH AUGUST 31, 2024

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua that the cost items of the
attached collective bargaining agreement between the Nashua Board of Education and the
Nashua Teachers’ Union, Local 1044, AFT, AFL-CIO, Unit D, Food Service Workers are
approved. The collective bargaining agreement covers the period from September 1, 2021
through August 31, 2024.

LEGISLATIVE YEAR:2022

RESOLUTION: R-22-032
PURPOSE: Approving the cost items of a collective bargaining agreement

between the Nashua Board of Education and the Nashua
Teachers’ Union, Local 1044, AFT, AFL-CIO, Unit D, Food
Service Workers from September 1, 2021 through August 31,
2024

ENDORSER(S): Mayor Jim Donchess
Alderman Richard A. Dowd

ASSIC N Mi a Budget Review Committee

FISCAL NOTE: The cost analysis is attached.

ANALYSIS

This resolution approves the cost items of a collection bargaining agreement between the Nashua
Board of Education and the Nashua Teachers’ Union, Local 1044, AFT, AFL-CIO, Unit D, Food
Service Workers. The Agreement has a term of three years from September 1, 2021 through
August 31, 2024. The Board of Aldermen, by law, must vote whether or not to approve the cost
items of this contract within thirty days of receipt. RSA 273-A:3 II (c).

Approved as to account Financial Services Division
structure, numbers,

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

By: raan Be. (Oat
Date: Masog 2, VD 2