STANDARD OF CARE.
CONTRACTOR shall be responsible for the quality, accuracy, timely completion, and coordination of
all work performed under this Agreement. CONTRACTOR warrants that all work shall be performed
with the degree of skill, care, diligence, and sound practices and judgment that are normally
exercised by recognized firms with respect to services of a similar nature. It shall be the duty of
CONTRACTOR to assure at its own expense that all work is technically sound and in conformance
with all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. Any approval by the CITY of any services furnished or used by CONTRACTOR shall
not in any way relieve CONTRACTOR of the responsibility for professional and technical accuracy and
adequacy of its work. CITY review, approval, or acceptance of, or payment for any of
CONTRACTOR'S work under this Agreement shall not operate as a waiver of any of the CITY'S
rights or causes of action under this Agreement, and CONTRACTOR shall be and remain liable in
accordance with the terms of the contract and applicable law.
4, Scope of Services of General Manaqger/Transit Clerk
In consideration of the compensation hereinafter provided for in this Agreement, CONTRACTOR does
hereby agree to furnish to the CITY all operational services reasonably required and necessary for the
efficient operation of the FRPS, pursuant to this Agreement and per the conditions set forth herein.
The CONTRACTOR shall employ and furnish a full-time qualified General Manager who shall be
responsible for the operation of the FRPS for CONTRACTOR and who will serve on-site at the Nashua
Transit Center. The General Manager will be approved by the CITY's Community Development Division
Director upon recommendation of the CITY’s Transportation Department Manager The General
Manager will be an employee of CONTRACTOR and CONTRACTOR'S fee will include the salary and
related expenses of the General Manager. The CITY’s Transportation Department Manager shall
review all services rendered by the General Manager.
The General Manager shall maintain operators' records pertinent to the FRPS. The General Manager
shall render and certify to the CITY’S Transportation Department Manager full and complete monthly
reports in a format agreed to by the CITY'S Transportation Department Manager. The CONTRACTOR,
through the General Manager, shall from time to time, or at the request of the CITY, make
recommendations to the CITY regarding the FRPS fare structure, service levels, route planning, service
modifications, extensions or retractions, organization, administration, personnel level and assignments,
major service improvements, and other matters related to transit operations and policies. The General
Manager will assist, prepare, and/or submit assorted Federal, State, or locally required documents,
including but not limited to, Triennial Review, TIP Capital plans, permits, audits, etc. Please see Appendix
C which outlines the CONTRACTOR'S and the CITY'S responsibilities. Notwithstanding the above,
CONTRACTOR shail not be responsible for filing on behalf of CITY any state, federal, local or regulatory
reports.
The CITY can withdraw approval of the General Manager at any time. The CONTRACTOR will have
ninety (90) days from the receipt of the notice of "Withdrawal of Approval" of the General Manager, to
furnish a qualified successor General Manager acceptable to the CITY. Failure of the CONTRACTOR
to provide a qualified replacement will constitute a default of the agreement under Paragraph 33.
The General Manager's position shall not remain vacant for more than fourteen (14) consecutive
calendar days. If necessary, the CONTRACTOR shall temporarily staff until permanent replacement is
found. A temporary individual shall meet all the minimum qualifications required of the permanent
position. As soon as possible, resumes and qualifications of all proposed candidates shall be
submitted for review, and the CITY shall have the opportunity to conduct interviews locally. All
expenses related to this process shall be the responsibility of the CONTRACTOR.
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