31. Continuing Effect
This Agreement shall be binding upon and inure to the benefit of the respective successors and
assigns of the CITY. The CONTRACTOR shall not assign this contract or any rights hereto, without
the prior written consent of the CITY.
32. Severability
If any provision of this Agreement is or becomes void or unenforceable by law, the other provisions
shall remain valid and enforceable.
33. Termination
28.
29.
30.
(a)
(b)
(b)
(c)
No Government Obligation
The CONTRACTOR agrees to comply with the joint FHWA/FTA regulations, "Air Quality Conformity and
Priority Procedures for Use in Federal-Aid Highway and 49 C.F.R. Part 623. The CONTRACTOR agrees
to obtain satisfactory assurances that any facilities or equipment acquired, constructed, or improved
under the contract are or will be designed and equipped to limit air pollution as provided in accordance
with the following EPA regulations: "Control of Air Pollution from Motor Vehicles and Motor Vehicle
The CONTRACTOR shail obtain and maintain in full force and effect Workers’ Compensation Coverage
according to the applicable statutes of the State of New Hampshire in at least the amount of: $100,000 /
$500,000 / $100,000.
The CITY shall be included as an “additional named insured” on all such policy(ies) on a primary and
non-contributory basis.
§ 1602(g), and FTA regulations "School Bus Operations," 49 C.F.R. Part 605, and any amendments
thereto that may be issued.
18. Payments
All payments pursuant to Sections 5 hereof shall be made within thirty (30) days after receipt of invoices
in conformance with this Agreement from the CONTRACTOR certifying expense.
19. Records
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.
are treated during employment, without regard to their race, color, creed, sex, disability, age, or
national origin. Such action shall include, but not be limited to, the following: employmeni,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The CONTRACTOR shail insert the foregoing provision (modified only to
show the particular contractual relationship) in all its third party contracts, except contracts for
(c) The CONTRACTOR agrees to comply with the terms and conditions of the Special Warranty for
the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor,
dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
(d) CONTRACTOR agrees to include the any applicable requirements of this section in each
subcontract involving transit operations financed in whole or in part with Federal assistance
provided by FTA.
10. Drug and Aicohol Policy
amendments, modifications, changes, extensions, or renewals of collective bargaining agreements or
other employee agreements as may be hereafter entered into by the CONTRACTOR and/or the
General Manager shall be communicated to the CITY in writing within seven (7) days.
b. Inthe event the CITY, in its sole discretion, declares an emergency need for transit services, the
CITY will pay the CONTRACTOR ai a rate of one-and-a-half times (1.5 x) the hourly cost the
CONTRACTOR incurs while operating the service for the emergency. The hourly costs will be
calculated as an accumulation of ail hours, for all employees required to work, during the duration
of emergency operations outside of regularly scheduled Nashua Transit System hours of
operations.
c. Automobile Mileage Reimbursement - General Manager
