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HomeMy WebLinkAboutResolution No. 2015-089CITY OF THE COLONY, TEXAS RESOLUTION NO. 2015- 0$ q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES BY AND BETWEEN THE CITY OF THE COLONY AND SPAN, INC.; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, has duly reviewed and considered the CONTRACT FOR SERVICES by and between the City of The Colony and SPAN, INC. for the purpose of providing nutrition, transportation and social services to older persons, persons with disabilities, and veterans. Section 2. That this Contract for Services attached hereto as Exhibit "A", is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 17'h day of November, 2015. AT ES CYristie Wilson, TRMC, City "Secretary PROVED AS TO FO Jeff M000, City Attorney oe AIS J e McIfo6rry, Mayotas ity of The Colony, elk-4�9N E A L STATE OF TEXAS § COUNTY OF DENTON § CONTRACT FOR SERVICES THIS SERVICE AGREEMENT ("Agreement") is entered into by and between the City of The Colony, Texas, a Texas home -rule municipality, acting by and through its duly authorized City Manager (hereinafter referred to as the "CITY") and SPAN, Inc., a Texas non-profit corporation operating in Denton County, Texas as an organization described in Section 501(c)(3) of the Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as "SPAN"). WHEREAS, SPAN enables people to live as fully and independently as possible by providing nutrition, transportation and social services to older persons, persons with disabilities, veterans; and WHEREAS, the success of or failure of SPAN's purposes and objectives has a direct impact on the health and welfare of the citizens of the CITY; and WHEREAS, the CITY is charged with the responsibility of promoting and preserving the health, safety, peace, good government, and welfare of its citizens; and WHEREAS, SPAN transportation services were developed to provide safe and efficient transportation to seniors, persons with special needs, veterans and as otherwise defined by agreements which SPAN may enter into from time to time; and WHEREAS, The CITY and SPAN desire to enter into this Agreement whereby SPAN will provide demand response transit service for CITY residents that are seniors (age 60 and older), people with documented disabilities, veterans, spouses of veterans and companion s or personal care attendants of the aforementioned passenger types (hereinafter referred to collectively as "Riders"); and WHEREAS, Riders in the CITY are taken anywhere is SPAN's existing demand response transit service area at a cost to the Riders of $2.50 for seniors (age 60 and older) and people with documented disabilities; and WHEREAS, Riders may call in at least one (1) day in advance, but no more than two (2) weeks in advance, to set up appointments for pick-up and drop off by calling SPAN'S Transportation Office at 940-382-1900 weekdays between the hours of 8:00 a.m. and 2:00 p.m.; and WHEREAS, Demand response transit service is available between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday excluding major holidays, and subject to capacity constraints. Page 1 of 7 NOW, THEREFORE, THE CITY AND SPAN DO HEREBY COVENANT AND AGREE AS FOLLOWS: 1. Recitals The foregoing recitals are found to be true and correct, are fully incorporated into the body of this Agreement and made a part hereof by reference just as though they are set out in their entirety. 2. Scope of Transportation Services SPAN shall provide door-to-door demand response transit services to CITY citizens residing in Denton County who are Riders in accordance with this Agreement and SPAN's "Transportation Policy and Procedures" which is attached hereto as Exhibit A and incorporated herein by reference as though it were set out in its entirety ("Policy"). In the event of conflict between this Agreement and the Policy, this Agreement shall control. In performing services under this Agreement, the relationship between the CITY and SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN in the performance of this Agreement shall be construed as making SPAN the agent, servant, or employee of the CITY. 3. SPAN Transportation Operations a. SPAN shall provide all equipment, facilities, qualified employees, training, and insurance necessary to establish a demand response transit service for the CITY's Riders. SPAN shall further establish, operate, and maintain an accounting system for this program that will allow for a tracking of services provided to Riders and a review of the financial status of the program. SPAN shall also track and break down the information regarding the number of one-way trips it provides to Riders. b. The CITY shall have the right to review the activities and financial records kept incident to the services provided to the CITY's Riders by SPAN. In addition, SPAN shall provide monthly ridership information to the City Manager or his/her designee specifically identifying the number of Rider trips including rider origination, destination, and purpose. c. SPAN will be responsible for verifying and documenting the eligibility of Riders. SPAN reserves the right to determine on an individual basis whether SPAN has the capability to safely transport a passenger. In the event that safety is compromised, SPAN may decline transportation for this person and must document the reason why service was declined. d. SPAN will inform riders that their trips to the doctor or dentist's office, hospital, drug store or other location may qualify as a Medicaid eligible trip. SPAN will direct potential Medicaid eligible riders to call Texas Health and Human Services toll free at 1-877-633-8747 (TTY: 1-800- 735-2989) or 1 -877 -MED -TRIP on Monday through Friday between 8:00 a.m. and 5:00 p.m. at least two days before their appointment or trip to schedule free transportation through Medicaid. Page 2 of 7 4. Payment CITY agrees to pay a reasonable fee for demand response transit service provided to Riders. Such fee for fiscal year October 1, 2015, through September 30, 2016, will be a cumulative amount not to exceed One Hundred One Thousand Eight Hundred Seventy -Seven Dollars and no/100 ($101,877.00) for up to a total of seven thousand nine hundred twenty-two (7,922) one- way trips for Riders, invoiced to CITY on a monthly basis at a price per one-way trip of Twelve Dollars and Eighty -Six Cents ($12.86). There will be 2,500 trips of this total reserved for The Colony Senior Center transportation service. The remaining 5,422 trips will be general purpose for qualified "Riders." a. The number of one-way trips shall be limited to a maximum of six hundred sixty (660) one-way trips per month at a price of Twelve Dollars and Eighty -Six Cents ($12.86) per one-way trip payable by the CITY. b. EXCEPTION : If the full allotment of six hundred sixty (660) one-way trips has been exhausted for a particular month and additional one-way trips remain available under this Agreement SPAN may provide transportation service to a Rider needing transportation for dialysis, chemotherapy or other medically necessary treatment or therapy upon provision by the Rider to SPAN of a doctor's order documenting the need for treatment or therapy on the date such service is requested by said Rider (an "Excess One -Way Trip"). CITY will pay SPAN for such Excess One - Way Trips upon submission of documentation supporting the Excess One -Way Trips provided that funds remain available under the maximum amount of this Agreement for such purpose. c. Excess One -Way Trips shall be deducted from the immediately following month's allotment of six hundred sixty (660) one-way trips. d. If fewer than sixty hundred sixty (660) one-way trips are used in any given month the unused one-way trips from that month will accrue and be available for use during the immediately following month. If unused during the immediately following month, the accrued trips shall continue to roll forward on a monthly basis until the conclusion of the Term of this Agreement. 5. Senior Center Trip Fare Reimbursement In addition, the CITY hereby agrees to pay an amount not to exceed Six Thousand Two Hundred Fifty and no/100 dollars ($6,250.00) as reimbursement for Senior Center attendees' transportation/fares to and from the Senior Center based on 2,500 City of The Colony residents' fare cost of $2.50 per trip. Reimbursement of Senior Center fares shall be processed according to the following: May 2016- SPAN may invoice the CITY - (include ridership/trip counts for October 2015 - March 2016) October 2016 -SPAN may invoice the CITY - balance of ridership for the year (include Page 3 of 7 ridership/trip counts for April 2016- September 2016) Total Fare Reimbursement for FY 2015-16 shall not exceed $6,250.00. 6. General Services Support In addition to the transportation services described above, SPAN covenants and agrees that it shall provide its services to CITY residents including: a. Meals at the Senior Center b. Home delivered meals C. Nutrition education to meal program participants. For the operation and provision of the services described in this Article 6, the CITY shall pay the SPAN the sum of Five Thousand and no/100 dollars ($5,000.00) upon execution of this Agreement. 7. Indemnification SPAN assumes all liability and responsibility for and agrees to fully indemnify, hold harmless and defend the CITY, and its officials, officers, agents, servants and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorney's fees, for injury to or death of a person or damage to property, arising out of or in connection with, directly or indirectly, the performance, attempted performance or nonperformance of the services described hereunder or in any way resulting from or arising out of the management, supervision, and operation of the program and activities of SPAN. In the event of joint and concurring responsibility of SPAN and the CITY, responsibility and indemnity, if any and to the extent allowed by law, shall be apportioned comparatively in accordance with Texas Law, without waiving any defense of either party under Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 8. Insurance SPAN shall obtain public liability insurance of the types and in the amounts set forth below from an insurance carrier or underwriter licensed to do business in the State of Texas and acceptable to theCITY. SPAN shall furnish CITY with certificates of insurance or copies of the policies, evidencing the required insurance on or before the beginning date of this Agreement. SPAN agrees to submit new certificates or polices to CITY on before the expiration date of the previous certificates or policies. The insurance shall be the following types in amounts not less that indicated: a. Comprehensive General (Public) Liability Insurance or its equivalent including minimum coverage limits of $1,000,000 per occurrence combined single limit for bodily injury Page 4 of 7 and property damage. b. Automobile Liability Insurance including minimum coverage limits of $1,000,000 per combined single limit for bodily injury and property damage. c. On all insurance required, SPAN shall require insurance providers to: Name the CITY, and its officials, officers and employees, as additional insureds and provide thirty (30) days written notice to CITY of any material change to or cancellation of the insurance. 9. Assignment and Delegation Neither party shall assign or delegate the rights or obligations under this Agreement without the prior written consent of the other party. 10. Severability In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in full force and effect as to the balance of its provisions and shall be construed as if such invalid provision were not apart hereof. 11. Mediation In the event of any dispute regarding this Agreement or the terms contained herein, the parties hereto agree that they shall submit such dispute to non-binding mediation. 12. Term of Agreement The term of this Agreement shall be from October 1, 2015 through September 30, 2016. Either party may modify this Agreement by submitting, in writing, the proposed amendment to beconsidered and executed by both parties. This Agreement may be terminated with or without cause by either party by giving thirty (30) days written notice to the other party of their intent to terminate the Agreement. In the event the CITY terminates without cause, SPAN shall be entitled to receive just and equitable compensation for any satisfactory work completed in accordance with this Agreement and prior to the termination. 13. Applicable Law Venue This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, and venue for any claim or cause of action shall lie exclusively in Denton County, Texas or the Federal courts having jurisdiction over claims arising in Denton County, Texas. Page 5 of 7 14. Attorney's Fees and Costs In the event it becomes necessary to take legal action to enforce the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorney's fees and costs of court from the non -prevailing party. IN WITNESS WHEREOF the City of The Colony, Texas, and Span, Inc. have executed this Agreement on this the / � day of November, 2015. SPAN, INC., a Texas non-profit corporation Deborah Robertson, Executive Director CITY OF THE COLONY, TEXAS, A Texas home -rule municipality Tro ell, City Manager ATTEST: Christie Wilson, City Secretary Page 6 of 7 Exhibit A Transportation Policy and Procedures Page 7 of 7 rg)(Span-qqSpan, Inc. Denton County TRANSPORTATION POLICY AND PROCEDURES SPAN Transit is the designated rural public transportation provider for Denton County, Texas. SPAN Transit's mission is to provide a continuing, cooperative, and comprehensive rural transportation plan to meet the mobility needs of Denton County residents. It is the policy of SPAN that no person shall on the grounds of race, color, national origin, sex, age, disability, or income status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity administered by SPAN. Information in these policies and procedures includes the following: 1. Description of SPAN Transit Services II. Application Process III. Disability Certification IV. How to Schedule a Trip V. SPAN Transit Fares VI. Aides, Companions and Animals VII. Wait Time, No Shows and Trip Cancellations VIII. Mobility Devices IX. Seatbelts and Restraints X. Passenger Behavior XI. Termination of Services XII. Grievance and Appeal Procedures XIII. Title VI Complaints XIV. Definitions XV. Frequently Asked Questions For additional information, please call 940-382-1900 or metro 940-243-8556. I. Description of SPAN Transit Services Service is provided to individuals residing inside SPAN's service area as shown on the Service Area Map attached, and will transport these residents to any location in Denton County. SPAN will also assist travelers to destinations outside of Denton County by coordinating with other transportation providers (i.e. DART, the T) whenever possible. (Out -of -county trips may require transfer to another bus or rail service.) SPAN transportation service is provided by lift equipped vehicles. Operators are available to provide some assistance upon request. Operators are not trained to provide medical assistance. -1- ==. kv- 1800 Malone Street, Denton, Texas 76201 Phone: 940-382-1900 Metro: 940-243-8556 Assistance includes: • The operator will assist passenger from the door of a residence or pick-up location to the vehicle if needed. • The operator will attempt to notify passengers of arrival. • The operator will assist passengers in boarding and exiting the vehicle. • The operator will deliver the passenger to the door of his/her destination. Assistance DOES NOT include: • Assistance getting in or out of a wheelchair. • Assistance in getting ready for the trip. • Administering medication or oxygen. • Assisting passengers in wheelchairs up or down stairs. • Assisting passengers on ramps deemed unsafe. • Assisting in carrying personal belongings or purchases. SPAN IS NOT AN EMERGENCY MEDICAL TRANSPORTATION SERVICE. PLEASE NOTE THAT SPAN INC. POLICY DOES NOT ALLOW AN OPERATOR TO LOSE VISUAL CONTACT WITH THE AGENCY VEHICLE AT ANY TIME, FOR ANY REASON. Service Hours Trips can be scheduled for pick-up as early as 6:00 a.m. and drop off as late as 6:00 p.m., Monday through Friday. Currently, there is no weekend service. Service is provided throughout the year, except for the following observed holidays: • New Year's Day Labor Day • Martin Luther King Day 0 Thanksgiving Day • Memorial Day Day after Thanksgiving • Independence Day Christmas Eve • Christmas Day -2- SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 6/2013 II. APPLICATION In order to use SPAN Transit, passengers must complete and submit an application. Applications can be obtained by calling the SPAN Dispatch Office at (940) 382-1900. Upon receipt of completed applications, please allow a maximum of 21 days to process applications. SPAN will begin processing properly completed applications immediately upon receipt. Only completed, signed applications will be considered for review. Once the application is fully completed, the signed original should be dropped off, mailed or faxed to: SPAN 1800 Malone Denton, TX 76201 940-383-8433 (fax) Upon completion of review, Applicants will receive written notice via U.S. mail and may begin scheduling trips. Reapplication Process Passengers will need to reapply every three years from the date they are initially approved. Reapplication ensures that SPAN's files are accurate and contain up-to-date information. SPAN will notify passengers when they are due for reapplication. III. DISABILITY CERTIFICATION People with disabilities that meet regulatory criteria are entitled to reduced fares. In addition to the regular application, applicants must submit a properly completed Certification Form. Both documents must be received and reviewed to begin the application process to qualify for reduced -fare trips due to disability. A licensed physician or certified human services professional familiar with the applicant's condition must sign the Certification Form verifying the disability and the applicant's functional limitations if applying for reduced -fare based upon disability. It is recommended that the Certification Form and Application be submitted at the same time in order to prevent delay of the application review. Examples of licensed or certified human service professionals include: Medical Doctor, Psychiatrist, Psychologist, Social Worker, Rehabilitation Professional, Physical/Occupational Therapist, Physician's Assistant, Nurse Practitioner, Registered Nurse. Once all documentation is received, SPAN personnel will evaluate it and request, if necessary, any additional relevant information about the applicant's functional limitations related to transportation. The applicant will be notified in writing of eligibility upon determination. Notice of Eligibility Determination An applicant that is determined to be eligible for reduced -fare service due to disability will be mailed (to the address printed on the application) documentation of eligibility. The document will include the name of the eligible individual, the phone number of the SPAN dispatch office, an expiration date for eligibility, and any conditions or limitation on the individual's eligibility including the use of a personal care attendant. If the determination is that the person is not eligible, the written notification will state the specific reason(s) for the finding. All applicants -3- SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 612013 have the right to appeal the initial determination of eligibility (see Grievance and Appeal Procedures). SPAN employees and SPAN Board of Directors will strive to maintain an accommodation process that is cooperative rather than adversarial in nature, attempt to fulfill disability eligibility requests when possible and will document any and all attempts at reasonable accommodations. Recertification Process Passengers with disabilities will need to recertify their eligibility every three years from the date they are initially approved. Re -certification is done to ensure that circumstances have not changed which would invalidate a passenger's eligibility. Recertification also ensures that SPAN's files are accurate and contain up-to-date information. SPAN reserves the right to recertify eligibility at any time. SPAN will notify passengers when they are due for recertification. IV. HOW TO SCHEDULE A TRIP Trip Requests 1. Requests for service can be made from 8:00 AM until 2:00 PM, Monday through Friday by calling (940)-382-1900 or Metro (940)-243-8556. 2. At the time of scheduling your reservation you will need to provide SPAN with your name, addresses of the pick-up/drop off points and the pick-up/drop off times. Please note that all schedule requests can be made as early as 14 days prior or as late as 1 day prior to the day of service. 3. Same day call -ins, including unscheduled requests or will -calls for return trips, will not be accepted. Bus drivers are not able to make unscheduled stops while en -route. Scheduling 1. SPAN Transit is a shared ride, public transportation service. As such, we will attempt to schedule your pick-up time as close to your requested time as possible. Once our schedule is completed the day before your trip, you must call us between 5:00 p.m. and 5:30 p.m. the day before your trip to obtain your scheduled pick-up time. If the scheduled time is not acceptable to you, you may cancel your trip. (The trip must be cancelled by the day before in order to avoid a "late cancellation" or "no show" penalty. See Failure to Meet the Bus) 2. Because of traffic and other issues beyond our control, please note the vehicle may arrive up to 15 minutes before or after your scheduled pick-up time ("30 -minute ready time window"). Once the bus has arrived, the driver will not wait more than 5 minutes for the scheduled passenger to board the bus. 3. Whenever possible, SPAN Transit will attempt to notify all passengers that the vehicle will be early or late (beyond the 30 -minute window). This will allow the passenger time to make arrangements if the vehicle is unavoidably detained. If SPAN Transit does not have a telephone on record or if the number has been changed, we will not be able to notify the passenger of the change in pick-up time. It is the responsibility of the -4- SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 6/2013 passenger to provide accurate and up-to-date contact information to SPAN. Please make sure that we have a current telephone number and address on file. 4. Only trips with scheduled pick-up times will be entered on the daily schedules. 5. Subscription service is available to a limited number of passengers that travel to the same place at the same time every week. If a passenger is afforded a subscription slot, the passenger will automatically be placed on the schedule for those trips. The passenger will not be required to schedule each trip separately; however subscription passengers are still required to call the day before (between 5 p.m. and 5:30 p.m.) to get their scheduled pick-up time for the following day, and must cancel subscription trips to avoid penalties. V. SPAN TRANSIT FARES Fare for SPAN Transit is established by the SPAN Board of Directors. The current fares are as follows: • General Public - $5.00 per one way trip • Disabled (requires eligibility certification) - $2.50 per one way trip • Senior (aged 60 or older*) - $2.50 per one way trip *may require verification of age Without exception, SPAN passengers must pay the bus driver promptly for that leg of the trip PRIOR to the vehicle's departure. Passengers shall pay the fare in exact change or with a pass. Bus drivers will not make change. Drivers may not take payment for a subsequent leg of your trip if that bus will not be providing the trip. A one way trip ("trip leg") is each boarding of the passenger onto the bus. Passes Passes (for senior and disabled fares only) may be purchased in books of 10 (for $25.00) or 20 (for $50.00) by submitting requests by mail or in person at the following location: SPAN Administrative Office 1800 Malone Denton, TX 76201 Requests submitted by mail should include the address to which the passes should be mailed along with appropriate payment in the form of a check or money order. Please do not mail cash. VI. AIDES, COMPANIONS AND ANIMALS -s- SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 6/2013 Aides An aide is a social services attendant or personal care assistant required to travel with a passenger. Aides ride for free; the aide must be picked up and dropped off at the same address as the passenger. Aides will need to be placed onto the schedule and the need for an aide must be indicated on the certification form in order for the aide to ride for free. SPAN may require a passenger to supply their own aide. SPAN does not provide aides. Generally the following conditions warrant an aide: • Incapable of self -mobility • Unable to communicate • Unable to handle common activities • Unable to control his/her own actions • Unable to remain seated and belted • Unable to independently transfer from wheelchair • Children under 15 years of age • Others as reasonably determined by SPAN's Transportation Manager Companions A companion is anyone other than an aide who travels with a disability -certified passenger. Companions may accompany such passengers on a trip. A companion will be charged a fare comparable to the passenger. A companion must be picked up and dropped off at the same address as the passenger. An aide does not count as the one companion. Additional companions may accompany a passenger if space on the vehicle permits. Companions must be scheduled at the same time you call in to schedule your trip. Animals Guide dogs and other service animals are permitted on SPAN vehicles and allowed to accompany passengers if this need is indicated in the passenger's SPAN file. Other small animals are also allowed, but must be contained in an approved pet travel kennel and must be restrained in the kennel throughout the trip. When scheduling a trip, passengers must indicate that an animal will be accompanying the passenger. VII. WAIT TIME, NO SHOWS AND TRIP CANCELLATION Bus drivers will utilize the following guidelines concerning a person's failure to meet the SPAN vehicle. Wait Time SPAN bus drivers will not wait longer than five (5) minutes from the arrival time for passengers to board the vehicle. If the vehicle arrives within the 30 -minute ready window (15 minutes before to 15 minutes after the scheduled pick-up time), the passenger must board the vehicle within five minutes of arrival time. Passengers or their associates may not ask the bus driver to delay this five-minute interval under any circumstances; this is to assure the timely pick-up and transportation of all SPAN passengers. mom SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 6/2013 No Show Failure to meet the vehicle within five minutes from the time of arrival will constitute a no-show. Also if a passenger fails to cancel their trip within 3 hours before the pick-up time it will also be considered a no-show. A passenger is allowed 2 no-shows per calendar month without penalty. Late Cancellation If a passenger cancels their trip on the day of service but does so more than 3 hours before the pick-up time it will be considered a late cancellation. A passenger is allowed 4 late cancellations per calendar month without penalty. Penalties • Three (3) no-shows in a 30 day period will result in the suspension of services for 1 month. If the problem continues service can be suspended indefinitely. • Five (5) Late Cancellations in a 30 day period will result in the suspension of services for 1 month. If the problem continues service can be suspended indefinitely. • In addition, SPAN may impose reasonable penalties for any passenger that develops a pattern or practice of missing scheduled trips. • Subscription riders that face penalties may lose their subscription slot. VIII. MOBILITY DEVICES SPAN vehicles, in compliance with the ADA and the Federal Code of Regulations, are designed to carry passengers utilizing wheelchairs. A wheelchair is defined as a mobility aid belonging to any class of three or more -wheeled devices, usable indoors, designed for and used by individuals with mobility impairments, whether operated manually or powered. SPAN vehicles are not designed to accommodate wheelchairs weighing 600 pounds or more when occupied by the passenger. Mobility devices that do not meet these criteria are unable to be carried on SPAN vehicles. SPAN reserves the right to deny service if carrying the passenger would be inconsistent with legitimate safety requirements. IX. SEATBELTS AND RESTRAINTS SPAN provides seatbelts for all passengers. Agency policy requires that all passengers utilize them at all times for their own safety as well as the safety of other passengers. All carry -on items must be safely restrained during transport. All wheeled mobility devices must be properly secured at all times the SPAN vehicle is in operation. X. PASSENGER BEHAVIOR -7- SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 6/2013 To assure the safety and comfort of all passengers and the driver, the following activities are prohibited on all vehicles and persons who engage in these activities may be refused service: • Smoking • Eating or drinking • Playing personal radios unless headphones are used at a volume unable to be heard by surrounding passengers • Consuming alcoholic beverages • Using illegal drugs • Using obscene or abusive language • Violent, disruptive or threatening behavior • Shoving, pushing, or behaving in a disorderly manner • Causing actual or potential damage to the vehicle SPAN reserves the right to deny service (including removing the passenger from the bus) if the situation is determined to be unsafe for the passenger, other passengers, the driver or the public. XI. TERMINATION OF SERVICES If a passenger does not follow guidelines and procedures involving the use of SPAN Transit, services will be terminated as follows: If feasible a verbal warning will be given. If compliance is not achieved after the verbal warning, the passenger will receive a written warning in detail concerning the area of non-compliance and possible sanctions. If compliance is not achieved after the written warning, the passenger will be notified in writing that his/her use of all or a portion of SPAN services is terminated, with a statement of reasons for termination. SPAN reserves the right to immediately terminate services without prior warning if a passenger poses a safety risk to himself/herself or any other person. XII. GRIEVANCE AND APPEAL PROCEDURES 1. Any individual has the option to appeal a suspension, termination or rate eligibility determination. Appeals must be presented in writing within 60 days. SPAN's Executive Director will first hear appeals. If the Executive Director upholds the determination, the individual may request that the matter be reviewed by a panel of SPAN board members designated by the SPAN Board Chair. 2. Once an individual requests an appeal, the SPAN board member panel will review all material submitted. SPAN service will not be suspended while the SPAN board panel is considering an appeal unless suspension or termination resulted from behavior that was determined to pose a risk to the passenger or others. SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 6/2013 3. SPAN will notify the individual, in writing, of the Executive Director's or the board panel's ruling on all appeals. This notification will outline the ruling and the reasons for it. 4. Once the individual has been informed of the board's ruling, the determination will either be dismissed or imposed on the next day of service. 5. SPAN requires that all appeals must be made within 60 days of notification of sanctions or eligibility determination. 6. All decisions made by the SPAN board panel are considered final. SPAN Employees and SPAN Board of Directors will strive to maintain an accommodation process that is cooperative rather than adversarial in nature, attempt to fulfill eligibility requests when possible and will document any and all attempts at reasonable accommodations. XIII. TITLE VI COMPLAINTS A Title VI Complaint may be filed by any individual or individuals who allege they have been subjected to discrimination or adverse impact under any SPAN program or activity based on race, religion, color, national origin, sex, age or disability. SPAN follows the Texas Department of Transportation's Title VI complaint process. Complaint forms and informational flyers are available from SPAN's Title VI Officer (Executive Director) at SPAN's office (940-382-2224) or from TxDOT (www.TxDOT.00v, 1-866-480-2518). Complaints may be mailed to SPAN's office in Denton or directly to TxDOT's Office of Civil Rights, 125 E. 11 th Street, Austin, TX 78701. XIV. DEFINITIONS Aide — An aide is a social services attendant or personal care assistant who accompanies a passenger to assist the passenger in utilizing SPAN's transportation service. Companion — A companion is anyone other than an aide who travels with a disability -certified passenger. Demand Response Service — Non -fixed -route shared transportation service utilizing vans or buses with passengers boarding and alighting at pre -arranged times and locations within the system's service area. Disability -- The Americans with Disabilities Act utilizes a three -pronged definition of disability. An individual with a disability is any person who: 1. Has a physical or mental impairment that substantially limits one or more major life activities, 2. Has a record of such an impairment; or 3. Is regarded as having such an impairment. An individual must satisfy at least one of the three prongs of the above definition in order to be considered an individual with a disability. -9- SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 6/2013 Mobility Device — A mechanism such as a wheelchair, a walker or a scooter, designed to aid passengers with mobility impairments. They can be either manually operated or powered. Late Cancellation — If a passenger cancels their trip on the day of service but does so more than 3 hours before the pick-up time it will be considered a late cancellation. No Show — A no-show occurs when a passenger fails to cancel their trip at least 3 hours before the scheduled pick-up time or board the SPAN vehicle within 5 minutes after it arrives within the 30 -minute ready -time window. Ready Time Window — A 30 minute window from 15 minutes before to 15 minutes after the scheduled pick-up time, during which a passenger should be ready for pick-up. Service Animals — Animals that are individually trained to perform tasks for people with disabilities, such as guiding people who are blind or who have low vision, alerting people who are deaf, pulling wheelchairs, alerting a person who is having a seizure or performing other special tasks. Service animals are working animals, not pets. Service Area — SPAN serves residents of Denton County that live outside of the Denton/Lewisville urbanized area (UZA) as indicated on the map attached. SPAN transports these residents to any location in Denton County. Areas inside the UZA may be served by SPAN under contract with individual cities or towns. Subscription Service — An ongoing standing order is entered in SPAN's schedule for a passenger travelling to the same place at the same time each week. Wheelchair — A mobility aid belonging to any class of 3 or 4 -wheeled devices, usable indoors, designed for and used by passengers with mobility impairments. They may be either operated manually or powered. XV. FREQUENTLY ASKED QUESTIONS Question: What if I run late at my appointment? Answer: It is suggested that riders over-estimate rather that under -estimate the travel and appointment times. Question: Do I have to call each day to schedule a trip if the times and days that I travel are the same week to week? Answer: No, subscription service is available when travel is at the same time and day each week. However, the passenger must call the evening before each trip to get the pick-up time, and when necessary, the passenger must remember to cancel a subscription ride to avoid a no-show being recorded. Three (3) cancellations within a 1 -month period shall invalidate the subscription. -10- SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 6/2013 Question: Will I be taken directly to and from my destination? Answer: Not necessarily. SPAN is public transportation and usually passengers share rides. Other passengers may be picked up and/or dropped off during your trip. Question: What is the service area? Answer: The SPAN Transit serves residents in those portions of Denton County shown on the attached map, and includes the following cities of Denton County: Argyle, Aubrey, Carrollton, Cross Roads, Hackberry, Hebron, Justin, Krugerville, Lakewood Village, Lincoln Park, Northlake, Oak Point, Ponder, Pilot Point, Roanoke, Sanger and Trophy Club. Destinations for these residents may include any location in Denton County. In addition, SPAN may enter into contracts with other cities/towns to provide service. SPAN currently serves Flower Mound, with a contracted passenger fare of $6.50 per one-way trip. The SPAN Transit service area is subject to change. Question: How manv arocery baps are allowed on the bus? (Cases of drinks and large bags of pet food are not allowed) Answer: SPAN allows each passenger to carry a maximum of 2 standard size paper grocery bags while riding the bus. Passengers must be able to carry groceries on and off the bus in one trip. -11- SPAN, INC. TRANSPORTATION POLICY AND PROCEDURES 6/2013