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HomeMy Public PortalAboutADA Paratransit Plan DAVE SNOW Mayor CITY OF RICHMOND GREG STIENS ROSEVIEW TRANSIT Director 401 SOUTH Q STREET, RICHMOND, INDIANA 47374 Public Works PHONE (765) 983-7227 TERRI QUINTER Operations Manager City of Richmond - Rose View Transit Paratransit Plan Rose View Transit 401 South “Q” Street Richmond, IN 47374 Transit Director: Terri Quinter (765) 983-7227 Last Update: 07/22/2019 Table of Contents Introduction ……………………………………………………………….. 3 SECTION I: Transit Provider Contact Information …………………… 4 SECTION II: Fixed Route Service Description ………………………… 4-5 SECTION III: Complementary Paratransit Service Description ……… 5-8 SECTION IV: Application and Eligibility Process ……………………… 8-11 SECTION V: Appeals Process ……………………………………………. 11-14 SECTION VI: Public Participation ………………………………………. 14 SECTION VII: Discrimination and Complaints ………………………… 14-17 INTRODUCTION The Americans with Disabilities Act of 1990 (ADA) requires that public entities that operate non-commuter fixed route transportation services also provide complementary paratransit service for individuals whose disabilities make them unable to use the fixed route system. In addition, the regulations require that public entities that are subject to the ADA regulations to develop and administer a process for determining if individuals who request service meet the regulatory requirements for eligibility. Essentially, ADA requires that paratransit service be “comparable” to the fixed route service in terms of service levels and availability. There are six (6) service criteria that are used to evaluate paratransit service comparability to the fixed route. These criteria only represent the minimum service standards and can be exceeded if the local governing body so chooses. The six (6) basic criteria for determining ADA comparability to fixed route service are as follows: • Available in the same area served by the fixed route. Specifically service must be made available to all origins and destinations within a width of ¾ of a mile on each side of each fixed route. This includes an area within ¾ miles radius at the end of each fixed route as well; • Available to any ADA paratransit eligible persons at any requested time on any particular day in response to a request for service made the previous day; • ADA paratransit fares that are no more than twice the fare that would be charged to an individual paying full fare for a trip of similar length, at a similar time of day on the fixed route system. • There can be no trip restrictions or priorities based on trip purpose; • Service must be made available to eligible persons on a next day basis; and • There can be no constraints on the amount of service that is provided to any eligible person. Specifically, there can be no operating practice that significantly limits the availability of service to ADA paratransit eligible individuals. ADA paratransit service must be provided to all individuals who are unable, because of their disability, to use the fixed route system. The criteria for determining eligibility are also regulated by the ADA, and Rose View Transit must have a documented process in place to determine if an individual qualifies for ADA service. SECTION I: PARATRANSIT PLAN TRANSIT PROVIDER AND CONTACT INFORMATION City of Richmond; Rose View Transit 401 South “Q” Street Richmond, IN 47374 Contact: Terri Quinter; Transportation Director (765)-983-7227 SECTION II: FIXED ROUTE SERVICE DESCRIPTION Service area: Rose View’s (6) six fixed routes encompass the entire city from farthest north point of Highland Road and I-70, southern most point of US 27 south & Boston Pike, farthest eastern point being US-40 & West Eaton Pike, to most western point of US-40 west & Salisbury Road. Route structure: Rose View operates six (6) fixed routes, they are as follows: • Route #1: East Main & Fairview • Route #2: East Main & South13th, 5th & “Q” St. • Route #3: IU East & Reid Hospital • Route #4: South 8th & Country Club • Route #5: State Hospital & Earlham • Route #7: Shopping Shuttle Days and hours of service: All fixed routes run on the following schedules; 6:15 am – 5:45 pm Monday thru Friday 9:15 am – 4:45 pm Saturday 10:30 am – 5:45 pm (Shuttle Route #7 only) Fare structure: Regular Fare ……….. $ 1.75 Seniors 60 & older ……….. $ 1.50 Demand Response …..…… $ 1.50 Monthly Pass ……….. $43.00 Student Monthly Pass ……….. $35.00 Senior Citizen Monthly Pass ……….. $35.00 Paratransit Service ……….. $1.50 Transfers ……….. FREE Children 5 yrs. & under ……….. FREE Population served: 36,812 (2010 Census) Total number of vehicles operated in fixed route service/Percent Accessible: 6/100% Percentage of routes accessible: 100% accessible Route Map: Rider guides can also be accessed online at: https://www.richmondindiana.gov/ SECTION III: COMPLEMENTARY PARATRANSIT SERVICE DESCRIPTION Consistent with the Department of Transportation regulations arising from the Americans with Disabilities Act of 1990 (ADA), Rose View provides complementary paratransit service for individuals whose disabilities make them unable to use the fixed route system. Service Area: Rose View Transit provides Complementary Paratransit in all areas that a request for service has an origin or destination within ¾ mile on each side of a fixed route. This also includes the terminus or surrounding area at the end of a route. The entire service area is equal to a 1-1/2 mile area centered on each fixed route in the Rose View system. Persons qualified for paratransit service do not have to live within this defined service area. The only qualification for a paratransit eligible trip is being contained within the ¾ mile service area of one of the fixed routes. Days and Hours of Service: Rose View Transit provides Complementary Paratransit service during the same days and same hours as the fixed route bus service as identified in Section II of this plan. Response Time: Rose View transit schedules and provides paratransit service to any ADA paratransit eligible person at any requested time on any particular day in response to a request for service made the previous day. ** Rose View Transit will accept same day trips as the schedule allows ** Rose View Transit makes reservation service available during normal business hours of the Rose View Transits administrative offices identified below: Administrative Office Hours: 7:00 a.m. – 4:00 p.m. Monday – Friday Reservation Phone #: (765) 983-7301 Relay: (800) 743-3333 Rose View Transit also accepts reservations via automated voicemail system on Saturdays and Sundays prior to a normal service day on Monday. Rose View Transit may need to negotiate pickup times with the individual making a request for service. However, any trip scheduled to begin more than one hour before or after the individual's desired departure time will be recorded as a trip denial and reported to INDOT for review and evaluation of need for possible additional resources. Reasonable Modifications: Rose View Transit honors requests for reasonable modifications as long the modification does not fundamentally alter the nature of the service. Individuals wishing to request a service modification should contact: Terri Quinter: Rose View Transportation Director 401 South “Q” St. Richmond, IN 47374 Telephone: (765) 983-7227 Relay: (800) 743-3333 Fax (765) 983-7301 Reasonable Modification Policy can also be accessed online at: https://www.richmondindiana.gov/ Individuals who feel they have been denied a justifiable reasonable modification request and want to file a complaint can do so by contacting the ADA/Title VI Coordinator identified in Section VII of this plan. Fares: ADA fares can be no more than twice the amount charged for regular fare on the fixed route. The ADA paratransit fare is $1.50 per one way trip. Personal Care Attendants (PCA) ride for free with ADA eligible clients and must have the same origin and destination of the ADA eligible passenger for which they accompany. A person must register and be approved for travel with a PCA before the PCA is eligible to ride for free. Other Fares: Monthly Pass ……….. $43.00 Student Monthly Pass ……….. $35.00 Senior Citizen Monthly Pass ……….. $35.00 Transfers ……….. FREE Children 5 yrs. & under ……….. FREE Trip Purpose: Since the fixed route service can be used for any trip purpose, so must the complementary paratransit service. There are also no prioritization based on trip purpose; for example, medical transportation cannot be given priority over recreational trips. Capacity Constraints: Rose View Transit does not operate its complementary paratransit service with capacity constraints; meaning that there can be no limitation on the number of total trips, or trips per person made available per day. Rose View has no pattern of practice of trip denials, missed trips, late pickups or trips in length not comparable to the fixed route. Rose View also does not have any operational practice that has the effect of limiting service to any eligible client. Service Animals: Rose View Transit permits service animals to accompany individuals with disabilities in vehicles and facilities. Service animals are animals that are individually trained to perform tasks for people with disabilities, such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. If an animal’s only function is to provide emotional support or comfort for the rider, that animal would not fall under the regulatory training-based definition of a service animal. Rose View may ask if an animal is a service animal or ask what tasks the animal has been trained to perform. Rose View does not require special ID cards for the animal and will not ask about the person's disability. A service animal will not be excluded from Rose View services unless the animal poses a direct threat to the health and safety of other passengers or the driver. All other pets are prohibited. Portable Oxygen and Respirators: Rose View Transit transports individuals traveling with portable oxygen tanks and respirators. For safety reasons, portable oxygen tanks must be able to be secured. The vehicles have oxygen tank securement devices. No Show Policy: Rose View Transit reserves the right to suspend from services any person, who establishes a pattern or practice of missing scheduled trips without calling to cancel their scheduled trip. This process will however exclude rides that are missed because of issues outside a person’s reasonable control. Service suspension must be comparable to the level of disruption and it also must be able to be appealed. Rose View Transit will work with qualified persons to reduce their no shows prior to suspending service. Rose View Transit reviews all no shows on a 3 month schedule to ensure the process was followed properly to accurately record the number of occurrences. No shows that exceed 25% may result in service suspension. The first occurrence of 25% or more in a 3 month timeframe may result in a 1 week service suspension. The second occurrence within a 6 month timeframe may result in a 2 week suspension of service. The third occurrence within a 9 month timeframe may result in a 3 week suspension. The forth occurrence in annual timeframe may result in a 4 week suspension. All suspension decisions will be the responsibility of the Transit Director and subject to appeal. SECTION IV: APPLICATION AND ELIGIBILITY PROCESS Public entities that provide complementary ADA paratransit service need to establish a process for determining who is eligible to receive the service. Per the ADA, documentation of eligibility and associated conditions of eligibility if applicable must be provided to persons deemed eligible. Paratransit eligibility is functionally based and not determined by the type of disability or mobility aid used. A person’s eligibility can be decided on a trip by trip basis, which is determined by specific conditions in conjunction with the disability (weather, distance, passenger amenities available, etc.). TYPES OF ELIGIBILITY: Applicants who are determined eligible for ADA complementary paratransit service are assigned an eligibility category. The eligibility category is consistent with the applicant’s ability to use the regular fixed-route service. UNCONDITIONAL – Applicant is not able to use accessible regular fixed-route transit service under any circumstances and is eligible for all trips on ADA complementary paratransit service. CONDITIONAL – Applicant is not able to use accessible regular fixed-route transit service in specific circumstances and is eligible to use ADA complementary paratransit service under limited circumstances identified by Rose View Transit. TEMPORARY – Applicant is not able to use accessible regular fixed-route transit service at this time, however the condition or circumstances leading to eligibility is reasonably expected to change in the future. For a limited period of time, the applicant is eligible to use ADA complementary paratransit service for all trips. All individuals determined to be ADA paratransit eligible have a civil right to obtain the levels of service and associated provisions of the ADA paratransit service as outlined previously. Eligibility as defined by the ADA is as follows: • Persons who have a specific impairment-related condition that prevents them from getting to or from a fixed route stop. • Persons who cannot use the fixed route service because the route(s) needed for a particular trip is/are not accessible (all Rose View vehicles are lift equipped and therefore all routes are accessible). • Persons, who, because of a disability, are unable to independently board, ride or disembark from an accessible fixed route vehicle. Disabilities can be permanent as well as temporary and must be considered accordingly. Rose View Transit uses a functional approach to eligibility determination and certification. The applicant will be required to have a licensed professional determine if the applicant is disabled. This type of medical professional could include: • Audiologists, • Chiropractors, • Registered nurses, • Medical Doctors, • Mobility specialists, • Occupational therapists, or • Psychologists. SAMPLE ELIGIBILITY LETTER Rose View Transit 401 South “Q” St. Richmond, IN 47374 ADA Paratransit Eligibility Notification Letter Dear [Applicant Name,] Thank you for applying for Rose View Transit ADA Complementary Paratransit Service. As a result of your application and other In-person interviews (if applicable), it has been determined that you are granted the following eligibility for Rose View Transit Complementary Paratransit Service. UNCONDITIONAL – Applicant is not able to use accessible regular fixed-route transit service under any circumstances and is eligible for all trips on ADA complementary paratransit service. Eligibility Start Date: _____________ CONDITIONAL – Applicant is not able to use accessible regular fixed-route transit service in specific circumstances and is eligible to use ADA complementary paratransit service under limited circumstances identified by Rose View Transit below: ___________________________________________________________________________ TEMPORARY – Applicant is not able to use accessible regular fixed-route transit service at this time, however the condition or circumstances leading to eligibility is reasonably expected to change in the future. For a limited period of time, the applicant is eligible to use ADA complementary paratransit service for all trips. Duration of eligibility: Start Date: ______________ End Date: ______________ INELIGIBLE – Applicant is able to use accessible regular fixed-route transit service at this time and is not eligible for use of ADA Complementary Paratransit Service. Individuals found not eligible for Rose View Transit paratransit service or eligible but with specified conditions may request an internal administrative appeal of those decisions. Appeals must be requested in writing with sixty (60) days of the date that the customer received the decision being appealed. Requests for appeal should be mailed to: Terri Quinter; Rose View Transportation Director 401 South “Q” St. Richmond, IN 47374 Ph: (765) 983-7227 Or faxed to: (765) 983-7305 PCA ELIGIBLE – [Enter name of PCA here] You will need to obtain your picture identification card at the City Clerk’s office in the Richmond Municipal Building at 50 north 5th Street at no charge to you the passenger. This ID card lets the public transit driver know if you are either a senior citizen 60 & over, a student or a rider with a disability. This attached General Guidelines for ADA Complementary Paratransit is to help clarify some of the policies and procedures of the service. We hope you find these resources helpful and encourage you to read through all the material before you reserve your first trip. We also encourage you to contact Rose View Transit with any questions. Sincerely, Terri Quinter Transportation Director Visitors: Visitors to the area must be provided 21 days of service (in a 365 day period) when they provide documentation of ADA paratransit eligibly from another area. If a person is traveling from an area that doesn’t have paratransit services they can be requested to provide documentation of their disability. If more than 21 days of service is needed, visitors can be required to go through the local eligibility process. Applications: Any individual who believes they are ADA eligible to utilize Rose View Transit Complementary Paratransit Service may obtain an application at the following address: 401 South “Q” Street Richmond, IN 47374 Individuals may also obtain an application online at: https://www.richmondindiana.gov/ All information supplied within the application will remain confidential and will only be used to determine eligibility. To assist with a proper evaluation of ability to ride our fixed route service and/or the need for Complementary Paratransit, you may be scheduled for an In-person interview. This interview will provide an opportunity to ask follow-up questions in order to have a clear understanding of the services provided. Applications for paratransit eligibility will be processed within 21 days from the date that the completed application is submitted. During this time Rose View will review the application, consult with other medical professionals, and make the certification determination. Rose View will notify the applicant in writing of the determination decision. The letter will state that the applicant has been approved for service, the conditions of eligibility (if any) and if a PCA is approved for travel as well. An individual who submits a complete application and is not notified of the eligibility determination decision within 21 days, will be granted presumptive eligibility until such time as written decision is rendered to the individual. There is no expiration date assigned to a person’s eligibility (unless they were approved as temporarily eligible). Instead, Rose View staff periodically reviews all applications and confirms the information as current over the phone. SECTION V: APPEALS PROCESS Individuals found not eligible for Rose View Transit paratransit service or eligible but with specified conditions, and Rose View Transit customers whose service is suspended, may request an internal administrative appeal of those decisions. This following procedures outline the steps for requesting an appeal and the procedure governing the appeal process. Requesting an Appeal: Appeals must be requested in writing with sixty (60) days of the date that the customer received the decision being appealed. For purposes of this requirement, Rose View Transit assumes that the individual will have received the decision no later than five (5) days from the date the decision was mailed. The sixty-day appeal period begins to run on the sixth day following the date the decision was mailed. Requests for appeal should be mailed to: Terri Quinter; Rose View Transportation Director 401 South “Q” St. Richmond, IN 47374 Ph: (765) 983-7227 Or faxed to: (765) 983-7305 Rose View Transit staff is responsible for receiving requests for appeals of service suspensions. Rose View staff shall promptly advise the Appeals Panel of a request for an appeal hearing, shall coordinate an appeal date and time with the Rose View customer and Appeals Panel, and shall reserve sufficient time for the hearing. Rose View staff shall notify the individual in writing or the alternative format request of the date, time and location of the appeal hearing. If necessary, Rose View staff shall arrange for the individual to receive Paratransit transportation to and from the place of hearing. Requesting a Stay of a Service Suspension: A customer may request a stay of a service suspension pending determination of the customer’s appeal of that suspension. Requests for stay may be submitted in writing or alternative format and must demonstrate good cause for granting the stay. The Appeals Panel shall review all requests and shall determine whether or not good cause exists for a stay or other modification of the service suspension pending determination of the customer’s appear within three (3) days of receiving the request. Appeal with Hearing (Prior to Hearing) Customers may request copies of documents and information relating to the decision from which the customer is appealing. The Appeals Panel or its designee shall promptly consider and decide all requests for documents and information. Documents and information shall be provided if the documents or information are relevant to the decision being appealed or are likely to assist the Appeals Panel in deciding the appeal. Customers may request the appearance as witnesses the Rose View personnel involved in the matter or have knowledge of information relevant to the matter. The Appeals Panel or it designee shall promptly consider and decide all requests for the appearance of witnesses, considering the witness’s relevance to the decision being appealed for the likelihood that the witness will assist the Appeals Panel in deciding the appeal. The Appeals Panel or its designee shall notify the customer of its decision and the availability of witnesses in advance of the hearing. Customers may submit no later than three (3) days in advance of the appeal hearing written or alternative format arguments, evidence and any other information they wish the Appeals Panel to consider in advance of the hearing. At Hearing: Customers may represent themselves at hearing, or may be represented by an attorney, paralegal or legal assistant, caseworker, care provider, or any other persons designed by the customer to present the customer’s case. The parties may present documents and witnesses, question the witnesses presented by each other, and offer other oral, written or recorded information to support their respective positions or to respond to each other’s position. Rose View shall present its position first, then the customer may present next. As required or appropriate, the parties shall be permitted to present additional documents and witnesses, or recall witnesses. The Appeals Panel may for good cause continue a hearing or permit the post-hearing submission of additional evidence, information and arguments. If a continuance or post-hearing submission is permitted, the Appears Panel shall within three (3) days advise the parties of the date, time and location of the continuance hearing or the date by which the post-hearing submission must be received by the Appeals Panel. The hearing shall be recorded. Appeal without Hearing: If the Rose View customer declines an in-person appeal hearing, Rose View staff shall inform the customer of the date by which the customer must submit to Rose View Transit any written or alternative format materials the customer wishes the Appeals Panel to consider in determining the customer’s appeal. Extensions of this date may be allowed for good cause. Following the submission date, the Appeals Panel shall review the customer’s file and written submissions, if any, and decide the matter, The Appeals Panel may uphold the eligibility determination or service suspension, overturn the eligibility determination or service suspension, impose conditions upon eligibility or returning the customer to service, or take other appropriate action to decide the matter. Evidentiary Burden and Standard: Rose View Transit shall have the burden of demonstrating that the individual’s eligibility for paratransit service was appropriately determined or that the customer’s service was suspended for appropriate cause and in accordance with the procedures for service suspension. This burden must be satisfied by a preponderance of all the evidence submitted in connection with the appeal or otherwise in the customer’s record. The stand of admissibility for evidence and information presented in connection with an appeal shall be whether the evidence or information is of the type that a reasonable person would rely upon in making decisions about their personal affairs. Notification of Decision: The Appeals Panel shall notify the customer of its decision and the reason for its decision in writing, within thirty (30) days of the date of the appeal hearing or, if the customer declined hearing, of the date on which the Appeals Panel reviewed and considered the matter. If no decision is made on an appeal of eligibility determination within thirty (30) days of the date of the appeal hearing or date of the Appeal Panel’s consideration, the individual will be eligible for Rose View paratransit services as of the 31st day, until and unless a decision otherwise is rendered by the Panel. SECTION VI: PUBLIC PARTICIPATION Public input and ability to comment regarding any changes in any of Rose View’s service must be considered. Rose View Transit solicits ongoing participation in the operation and assessment of associated services by individuals with disabilities. One manner of meeting this requirement is for Rose View Transit to utilize a Transportation Advisory Committee (TAC) which represents a broad cross section of individuals, social service provider groups, non-profit organizations, and local, state, and federal agencies within the City. The role of the Transportation Advisory Committee is to promote and facilitate individual, group, and agency involvement in the planning and implementation of effective coordinated public transportation within the City and services provided by Rose View Transit. TAC member duties include:  To advocate for transit dependent individuals  To strengthen public relations and community education for Rose View Transit  Assist as feasible with resolution to customer service issues  To provide community insight for the development of service policies SECTION VII: DISCRIMINATION AND COMPLAINTS NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT In Accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), the City of Richmond will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Effective Communication: City of Richmond will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in City of Richmond’s programs, services, and activities. Modifications to Policies and Procedures: City of Richmond will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. The ADA does not require City of Richmond to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of City of Richmond is not accessible to persons with disabilities or that a Reasonable Modification request could not be met, should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: Imani Murphy, ADA Coordinator, 50 North 5th Street, Richmond, IN 47374, 765-983-7435 or imurphy@richmondindiana.gov The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaint, such as personal interviews or a tape recording of the complaint will be made available for person with disabilities upon request. Within 15 calendar days after receipt of the complaint, the coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the coordinator or his/her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Richmond and offer options for substantive resolution of the complaint. If the response by the coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or her designee may appeal the decision within 15 calendar days after receipt of the response to the Mayor or his designee. Within 15 calendar days after receipt of the appeal, the Mayor or designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after meeting, the Mayor or designee will respond in writing, and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the coordinator or his/her designee. Appeals to the Mayor or his designee, and responses from these two offices will be retained by the City of Richmond for at least three years. ADA Complaint Forms can also be accessed online at: https://www.richmondindiana.gov/ Sample Complaint Form