regulations and subsequent amendments.
13. Materials. Equipment and Facilities
The CITY shall provide and furnish two offices, driver's room and lockers for the operators.
The CONTRACTOR shall operate the equipment provided in conformance with all safety requirements of
the State of New Hampshire Motor Vehicles Safety Standards, to provide the level of service as specified
by the CITY. The CITY shall be provided with the original Pre/Post trips documentation on a daily basis.
To the extent required by applicable federal laws, state statutes and local ordinances, the CITY shall be
responsible for and secure all local, state, and federal franchises, permits, licenses, or operating rights as
may be necessary for the CONTRACTOR to operate the CITY'S service.
14. Control of Service
The CONTRACTOR shall be responsible for the day-to-day operation of the FRPS. The CONTRACTOR
shall advise the CITY of matters of importance concerning operation of FRPS and make
recommendations when appropriate. Routing, scheduling, fares, and policies governing the FRPS are
under the purview of the CITY. The CITY will be responsible for directing any service cancellation due to
inclement weather.
The CONTRACTOR is associated with the CITY only for the purposes and to the extent specified in this
Agreement, and in respect to performance of the contracted services pursuant to this Agreement,
CONTRACTOR is and shall be an independent contractor. 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 CITY whatsoever with respect to
the indebtedness, liabilities, and obligations of CONTRACTOR or any other party.
15. Routing, Service and Fares
The CITY shail establish routes, schedules, fares and policies for the operation of the FRPS. The
CONTRACTOR agrees to make recommendations periodically (or when requested by the CITY)
concerning changes in the routes, schedules, fares or policies.
The CITY shall prepare all necessary documentary evidence and, if needed, provide testimony relative to
any contemplated change in schedule or classification of fares or in service and routing.
16. Charter
The CONTRACTOR agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that
recipients and subrecipients of FTA assistance are prohibited from providing charter service using
federally funded equipment or facilities if there is at least one private charter operator willing and able to
provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided
under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the
provision of mass transportation.
17. School Bus
The CONTRACTOR may not engage in school bus operations, utilizing equipment or facilities of the
CITY, exclusively for the transportation of students or school personnel in competition with private school
bus operators, except as provided in Section 3(g) of the Federal Transit Act, as amended, 49 U.S.C. app.
8|Page
