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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 C-0158 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. C-0158 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 C-0158 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 CADocuments and Settings\scorcoran\Local Settings\Temporary Intemet Files\OLK9\Policies and Procedures.doc Rev 1/10 v4 4 ,-� 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. CADocuments and Settings\scorcoran\Local Settings\Temporary Intemet Fi1es\OLK9\Po1icies and Procedures.doc Rev 1/10 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. CADocuments and Settings\scorcoran\Local Settings\Temporary Intemet Fi1es\0LK9\Po1icies and Procedures.doc Rev 1/10 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 CADocuments and Settings\scorcoran\Local SettingsUemporary Internet Files\OLK9\Policies and Procedures.doc Rev 1/10 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):