2010-0632010-63
Resolution Authorizing the Town Supervisor to Execute an Agreement with Dutchess County for
Transportation Services for Senior Citizens and Handicapped Individuals (Dial -A -Ride)
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New
York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January 25, 2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called,
the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Ismay Czarnecki
Joseph P. Paolon
The following Resolution was introduced by Councilman Bettina and seconded by Councilman
Beale.
WHEREAS, Dutchess County offers the Dial -A -Ride program, which provides transportation
services for senor citizens and handicapped individuals; and
WHEREAS, Dutchess County Office of the Aging has provided a copy of the proposed
Agreement, a copy which has been forwarded to the Town Board in advance of this resolution for their
review and consideration; and
WHEREAS, the program is annually budgeted through the Town of Wappinger Budget line
7610.400-A, and there exists an amount of Forty -Four Thousand, Four Hundred Forty -Six Dollars and
00/100 ($44,446.00) in said line in the 2010 Town of Wappinger Budget.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town
Supervisor to execute a contract with Dutchess County for the Dial -A -Ride program, which provides
transportation services for senor citizens and handicapped individuals services as funded through Budget
line A7610-400.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
1/25/2010
The Resolution is hereby duly declared adopted.
QL cx-L'
OHN C. MASTERSON, TOWN CLERK
Dutchess County
Office for the
Aging/NY Connects
William R. Steinhaus
County Executive
John A. Beale
Director
Aging
(845)486-2555
Fax(845)486-2571
NY Connects
(845) 486-2555
Fax(845)486-2599
27 High Street
Poughkeepsie
New York
12601
January 11, 2010
� a ►
Dear Office for the Aging Contractor:
0
Enclosed please find the Extension and Amendment Agreement in this
matter. Kindly have all copies signed as to content and return them to this
office for further processing.
Please provide the required insurance certificates — general and auto
liability with the additional insured endorsement and workers comp.
Thanking you in advance for your attention to this matter.
Very truly yours,
Regina Pace
Sr Prog Asst
Cc: file
Return papers to:
Regina Pace
Dutchess County Office for the Aging
27 High Street
Poughkeepsie New York 12601
AGREEMENT
THIS AGREEMENT, made this day of , 2010, by and
between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22
Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the
"COUNTY") and TOWN OF WAPPINGER, a municipal corporation, whose address is
Town Hall, 20 Middlebush Road, PO Box 324, Wappingers Falls, New York 12590
(hereinafter referred to as the "CONTRACTOR").
WITNESSETH:
WHEREAS, Article 5G of the General Municipal Law provides joint services to
participating municipal corporations and permits contributory funding by the respective
municipal corporations according to the amount of services received, and
WHEREAS, a joint service transportation system for Senior Citizens and
Handicapped individuals in the municipalities of Hyde Park, Fishkill, East Fishkill,
Wappinger, Poughkeepsie, Pleasant Valley, LaGrange, Red Hook, Beekman and the City
of Poughkeepsie will cost $221,761.12 for a one (1) year period, and
WHEREAS, the Dutchess County Legislature by resolution, has authorized the
establishment of a Transportation System for senior citizens to serve the ten (10)
municipalities of Hyde Park, Fishkill, East Fishkill, Wappinger, Poughkeepsie, Pleasant
Valley, LaGrange, Red Hook, Beekman and the City of Poughkeepsie; and
WHEREAS, the Town Board of the Town of Wappinger has agreed to participate
in the support to the program not to exceed $44,466.24; and
WHEREAS, the County of Dutchess will provide a Transportation System for
senior citizens and handicapped individuals, for the sum of $221,761.12, now, therefore,
it is mutually agreed by and between the parties hereto as follows:
1. SCOPE OF SERVICES. The County will provide a Transportation
System for senior citizens and handicapped individuals, in accordance with Exhibit "A"
annexed hereto and made a part of this Agreement.
If any term of the Scope of Services contradicts or creates an ambiguity with any
term of this Agreement, this Agreement shall govern.
2. TERM OF AGREEMENT. This Agreement shall be effective January 1,
2010 and shall terminate on December 31, 2010, unless otherwise terminated as set forth
herein.
3. TRANSPORTATION ADVISORY BOARD. The Supervisor of the
Town of Wappinger will appoint a representative of the Town as a member of the
Transportation Advisory Board, which Board will review the operation of the system to
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ensure its responsiveness to the needs of the senior citizens and handicapped individuals
of the municipalities being serviced.
4. PAYMENT. The Town will pay to the County, pursuant to signed
voucher submitted to the Town, $3,705.52 upon execution of this agreement and
$3,705.52 per month thereafter. A schedule of collections is attached hereto, made a part
hereof and marked Exhibit "B". Payments by the Town will not exceed $44,466.24
during the term of this Agreement.
5. TERMINATION. (a) Without cause. The County may terminate this
Agreement upon ten (10) days' prior written notice to the Contractor of its intent to
terminate without cause.
(b) With cause. The County may terminate this Agreement effective
immediately, with subsequent written notice to be given to the Contractor of termination
with cause.
In the event of termination with or without cause, the Contractor shall deliver to
the County any or all drawings, specifications, reports and other data, records, materials
and equipment in his custody or control pertaining to the Agreement and the County shall
pay to the Contractor all amounts due to the time of termination in accordance with the
terms of this Agreement. Such termination shall not give rise to any cause of action
against the County for damages, loss of profits, expenses or other remuneration of any
kind. Notwithstanding any other provision of this Agreement, if, in the judgment of the
County, termination is made necessary or desirable because of the Contractor's failure to
fulfill his obligations under this Agreement, or any other fault of the Contractor, the
County may withhold payment of all or any part of moneys which otherwise may be
payable to the Contractor under this Agreement and apply such moneys toward any
damages or expenses sustained by the County as a result of such failure including,
without limitation, any excess costs incurred by the County in completing the services
under this Agreement by the use or employment of other contractors or otherwise.
Notwithstanding the foregoing, the Contractor shall be liable to the County for all such
damages and expenses without limitation to any such moneys being withheld by the
County, and the failure of the County to withhold moneys from the Contractor shall not
be construed as an acknowledgement by the County that no such damages or expenses
exist and shall not prevent the County from thereafter making any claim against the
Contractor therefor.
6. NON-DISCRIMINATION. No services to be rendered pursuant to, or in
connection with, this Agreement may be refused to any person because of age, race,
color, creed, sex, national origin, disability or marital status.
Contractor shall take all affirmative steps necessary to ensure equal employment
opportunities without discrimination because of age, race, creed, color, sex, national
origin, disability or marital status and to comply with all federal, state and local civil
rights laws including, but not limited to, the Americans with Disabilities Act.
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7. TARGETING. The contractor will target services to elderly who are in
the greatest social and economic need, specifically, the following: low income elderly ,
minority low income elderly, minority elderly, veterans, the frail and disabled elderly,
and those who live alone. The Contractor, along with the Dutchess County Office for the
Aging, will engage in various activities including outreach, referral, and publicity in
order to serve these target populations. The Contractor will, to the maximum extent
feasible, work to serve minority elderly in at least the same proportion as they are
represented in the entire senior citizen population of Dutchess County. The Contractor
will inform the Dutchess County Office for the Aging of its targeting activities in its
Monthly Report provided to the Office for the Aging.
8. EXTENSION. This contract may be extended for additional periods of
one year each, not exceeding in total five (5) years, upon such terms and conditions as
may be agreed between the parties.
9. GRIEVANCE PROCEDURE. Contractor agrees to abide by the
Grievance Procedure, a copy of which is annexed hereto as Exhibit "B". In addition,
contractor agrees to advise the recipients of their services about the grievance procedure.
10. ENTIRE AGREEMENT. The terms of this Agreement, including its
attachments and exhibits, represent the final intent of the parties. Any modification,
rescission or waiver of the terms of this Agreement must be in writing and executed and
acknowledged by the parties with the same formalities accorded this basic Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM: ACCEPTED: COUNTY OF DUTCHESS
BY:
County Attorney's Office William R. Steinhaus
County Executive
APPROVED AS TO CONTENT: TOWN OF WAPPINGER
law
Office for the Aging
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Christopher Colsey
Supervisor
Dutchess County Dial -A -Ride
Senior Citizen and Disabled Transportation System
Policy and Procedures
What is Dial -A -Ride?
Dial -A -Ride is a curb -to -curb transportation service, designed to serve senior citizens and
individuals who have a physical or mental disability which prevents them from using the regular
LOOP buses.
Who Is Eligible?
In order to serve the special transportation needs of the elderly and disabled public, the service is
offered only to those who need it. If an individual can use the regular LOOP bus service, that
individual is not eligible for Dial -A -Ride service.
Dial A Ride is available to residents of the following municipalities: Beekman; East Fishkill;
Fishkill; Hyde Park; LaGrange; Pleasant Valley; Town of Poughkeepsie; Red Hook;
Wappinger; or the City of Poughkeepsie
To be eligible for Dial -A -Ride service, an individual must be 60+ years of age OR have a
physical or mental disability which makes it significantly difficult to do one or more of the
following:
• walk more than 200 feet
• stand outside more than 10 minutes
• negotiate a flight of stairs
• get on or off a standard bus
• stand on a moving bus
• read information due to visual impairment, cognitive or learning disability
hear announcements by a bus driver
However, if a disability is a result of any of the following, an individual will not qualify for Dial -
A -Ride service:
• pregnancy
• obesity
• impairment due to use of drugs or alcohol
• any contagious disease
• any disability which renders one potentially violent so as to be dangerous to oneself or
other passengers
Where Does The Service Operate?
Dial -A -Ride service operates in the City of Poughkeepsie and the towns of Beekman, East
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Fishkill, Fishkill, Hyde Park, LaGrange, Pleasant Valley, Poughkeepsie, Red Hook, and
Wappinger according to a scheduled approved by each municipality.
Identification Cards
In order to access Dial -A -Ride, an individual must have an identification card and number. The
number identifies the individual as an eligible rider when he or she calls for a trip reservation. To
determine eligibility it is required that an individual fill out an application and return it to the
address below. Dial -A -Ride staff will verify an individual's eligibility and notify each individual,
by mail, as to their eligibility status. Eligibility due to disability will be verified via a Medical
Doctor's note. If eligible for DIAL -A -RIDE service, an identification card and additional
information on the DIAL -A -RIDE service will be forwarded, by mail, to the individual.
Mail application to:
Dutchess County Division of Mass Transit
Dial -A -Ride
14 Commerce Street
Poughkeepsie NY 12603
(845) 452-7433 loopbus@co.dutchess.nji.us
The information that an individual provides on the application is intended for the purpose of
establishing eligibility for the Dial -A -Ride service and complying with mandated reporting
requirements.
What Are The Suggested Fares?
one-way within a municipality
round trip within a municipality
one-way between municipalities
round trip between municipalities
$ .75
$1.25
$1.00
$1.75
schedule allows, drivers will allow up to three stops within a municipality per
icer with an additional suggested fare of $.75 each additional stop.
Reservations
Passengers must plan activities so that reservations may be made ahead of time.
Passengers must call for reservations at 452-7433 as early as possible when in need of medical
transportation. Dispatchers will accept reservations up to 7 days in advance and no later than 3
days before the desired date of service between the hours of 8:00 A.M. and 2:00 P.M., Monday
through Friday. Passengers should schedule appointments before 2:30 P.M., (earlier, wherever
possible) due to the need for the bus to return to base by 4:00 P.M.
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When a ride is scheduled, passengers must tell the dispatcher exactly where they are going,
including additional stops. The driver has a schedule to follow which cannot be changed.
Passengers are limited to a maximum four shopping bags or parcels.
On all shopping trips passengers are to be advised of time and place to meet for return trip. Mall
shopping is for three hours. Supermarket shopping is for two hours.
Passengers should wait inside their homes so that the dispatcher may call if there will be a delay.
Passengers should allow a 15 minute leeway in scheduled pick-up time. Be ready 15 minutes
early, but be prepared to wait 15 minutes longer than scheduled time.
In locations such as senior housing facilities there may be a central pickup location for all riders.
Passengers should try to be patient, as drivers can be delayed through no fault of their own.
Passengers should ask for help if assistance is needed on or off the vehicles or with parcels.
Drivers will assist passengers if requested with getting on or off the vehicles or with getting
packages on or off the vehicle. Drivers are not to escort the passengers to and from a location. In
the event of a fall or injury either on or off the vehicle, drivers are not to move any passenger.
Drivers are to assess the condition of the passenger and radio Dispatch. If the passenger cannot
get up from a fall or injury, 911 should be called and EMS dispatched. The driver should wait
until EMS arrives and the passenger receives proper care. While drivers generally may not leave
the bus unattended for any reason, it is acceptable for a driver to leave the bus in the event of a
passenger falling outside the bus in order to assess the passenger's condition, provided it is safe
to do so.
In providing Dial A Ride service, Dutchess County Mass Transit understands its responsibility to
provide convenient and safe service to the passengers, many of whom can be frail and/or have
special needs. Drivers will get as close as is safe to a passenger's pick up or drop off location. If
the location presents a safety hazard (such as backing directly on to a busy street) the driver will
advise Dial A Ride Dispatch so that a supervisor may subsequently review the location.
Passengers shall place donations in the fare box on their own. Those who are unable to do so
may receive assistance from drivers. Passengers shall carry exact change. Drivers are not
permitted to make change. Drivers are not permitted to accept tips.
Passengers who are dissatisfied with service, wish to express a concern, or make a suggestion
should attempt to resolve the matter with Dial -A -Ride. Those matters that cannot be resolved
with Dial -A -Ride may be brought to the attention of the Office for the Aging or the appropriate
town/city Advisory Board representative. The office for the Aging telephone number is 486-
2555. Names and phone numbers of Advisory Board representatives may be provided by the
Office for the Aging. Additionally, the Office for the Aging has a formal grievance procedure
that clients may exercise.
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Holidays
All major holidays will be observed. The Dial -A -Ride Advisory Board will have the option of
declaring additional holidays.
Winter Cancellation Policy
Cancellations due to poor driving conditions will be announced on all local radio stations
between 7:00 and 8:00 A.M.
If it is necessary to delay Dial -A -Ride service, all pick-ups scheduled before 11:00 a.m. will be
cancelled for the day.
If road conditions do not improve by 11:00 a.m., Dial -A -Ride service will be canceled for the
remainder of the day. Local radio stations will announce the cancellation between 11:00 A.M.
and 12:00 noon.
Contractor
The Dial A Ride program is operated by Dutchess County Mass Transit which reports to the
Dutchess County Department of Planning and Development.
Dial -A -Ride Advisory Board
The Dial -A -Ride Advisory Board works with Office for the Aging and with Dutchess County
Mass Transit as it sets policy and to address problems and concerns expressed by the program's
passengers and drivers. A representative from Dutchess County Mass Transit attends meetings to
provide technical assistance as required. The Advisory Board is chaired by the Office for the
Aging's Aging Services Coordinator.
Participating Town Supervisors, the Mayor of Poughkeepsie, and Taconic Resources for
Independence may appoint a representative to the Advisory Board.
Division Of Mass Transit
All operation policy decisions will be the sale responsibility of the Division of Mass Transit. The
Office for the Aging and the Dial -A -Ride Advisory Committee will be consulted with, as
appropriate, before any policy or service modification is enacted that may significantly impact
the method or scope of services delivered
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Dial A Ride Transportation System
2010 Municipality Payment/Service Schedule
as prepared by Dutchess County Division of Mass Transit
with alterations for elimination of Red Hook phone line and reduced Hyde Park
service due to insufficient budgeting for service
Municipality
2010 Service Days
per week
2010
Monthly
Pa ment
2010
Total
Cost
Red Hook
1
$
463.19
$
5,558.28
City of Poughkeepsie
5
$
2,315.95
$
27,791.40
Hyde Park
2*
926.38 Mar -Dec
$463.19 Feb
819.49 Jan
$
10,546.48
Town of Poughkeepsie
10
$
4,631.90
$
55,582.80
Wappinger
8
$
3,705.52
$
44,466.24
Fishkill
3
$
1,389.57
$
16,674.84
Pleasant Valley
2
$
926.38
$
11,116.56
East Fishkill
5
$
2,315.95
$
27,791.40
LaGrange
2
$
926.38
$
11,116.56
Beekman
2
$
926.38
$
11,116.56
Total
38
$
221,761.12
" Hyde Park has 2 day per week
service except during the month
of February and last week of
January where there will be
once per week service due to
amount budgeted by the Town
being insufficient to cover two
days per week for entire year.
CADocuments and Settings\rpace\Local Settings\Temporary Internet Files\OLK5\2010 Rates with contract as
pro4AW IBp1I t1�r litaRL l� llgd�l��dcl 8 �r�f�iDV� iN+ #cF r�nrehi e and No Red Hook phone line
CXP(IR if
NOTICE OF YOUR RIGHTS TO A HEARING AND AN APPEAL
In accordance with S306(a) (6) (P) of the Older Americans Act, older persons who
are dissatisfied with or denied services funded under Title III of the Act have the
right to file a grievance which includes the right for a Hearing and Appeal.
A written guideline on the Grievance Procedure is available from the Dutchess
County Office for the Aging. You have a right to be helped in your Hearing by an
attorney or any other person you choose to represent you.
The request for the guidelines on the Grievance Procedure should be sent to:
Dutchess County Office for the Aging
27 High Street
Poughkeepsie NY 12601
Attention: John A. Beale, Director
If you have any questions about this NOTICE of your right to a Hearing and to an
Appeal, you should call the Dutchess County Office for the Aging at (845) 486-
2555.
�
V l -f i t? 1 % `� ;;
COMPLAINT LETTER FORM
DATE:
TO: Dutchess County Office for the Aging
27 High Street
Poughkeepsie NY 12601
Attention: John A. Beale, Director
I am writing to request a review of the following grievance:
I was denied service
I am not satisfied with the quality of service or an activity provided by your
agency or by your service provider
I have the following grievance (briefly describe):
Date/estimated date of the event or action complained of:
Name: Signature:
Address:
Telephone: Date:
(This form must be filed within 30 calendar days of this event or action unless you
are granted an extension for good cause)
Please describe in detail what happened or what your grievance is (if you need
extra space, attach an additional sheet of paper):