town of fort erie clerk’s department · the administrative supervisor-infrastructure services,...

Town of Fort Erie Infrastructure Services Our Focus: Your Future

Prepared for Council-in-Committee Report No. IS-14-07 Agenda Date April 16, 2007 File No. 211201-17 Subject RED CROSS NIAGARA - PROPOSED SERVICE PROVIDER FOR THE NEW FORT ERIE ACCESSIBLE SPECIALIZED TRANSIT (F.A.S.T.) SERVICE Recommendation(s) THAT Council approves a service contract be awarded to the Canadian Red

Cross for a two year period, with an option for a two year renewal at the end of the second year, as per the Proposal (attached as Appendix A) for the provision of the new Fort Erie Accessible Specialized Transit (F.A.S.T.) Service; and

THAT Staff be authorized to prepare the necessary By-law authorizing the

Mayor and Clerk to execute the Specialized Transit Service contract on behalf of the Town of Fort Erie.

List of Stakeholders 1) Mayor and Council 2) Fort Erie Mobile Service 3) Fort Erie Mobile Service Users 4) Red Cross Niagara 5) Community Health and Wellness Groups 6) Seniors Advisory Committee 7) Accessibility Advisory Committee 8) Fort Erie Businesses and Institutions 9) Fort Erie Ratepayers 10) Town of Fort Erie Departments Prepared by:

Submitted by: Approved by:

Carla Stout Administrative Supervisor - IS

Ron Tripp, P. Eng. Director of Infrastructure Services

H. Schlange, MBA Chief Administrative Officer

CES G:\Admin Reports\2007 Admin Reports\IS-14-07 FE Specialized Transit - Service Provision.doc

Infrastructure Services of 7 Report No. IS-14-07 Purpose of Report The purpose of this report is to recommend that the service provider for the Town of Fort Erie’s new specialized transit service be the Red Cross Niagara with a two (2) year service contract and an option for an additional two (2) years at the end of the second year. Analysis Background Under Administrative Report IS-50-06 and further to the Council approved “Ridership Growth Plan 2006”, Staff committed to exploring all alternatives in providing a more sustainable specialized transit service in 2007 and beyond. Under Administrative Report IS-01-07 specific challenges in the continuation and sustainability of this service and its provider were identified for Council. As such Council authorized Staff to embark on negotiations with Red Cross Niagara to take over service provision of a new specialized transit service to be contracted by the Town of Fort Erie. Negotiations have been ongoing between the Town and the Red Cross Niagara since November 2006, with the support and input of Fort Erie Mobile Service (FEMS) throughout this process. FEMS has indicated that they plan to continue to function as a not-for-profit charity and to fundraise to support ridership on the new service. As such, the new service will have to be incrementally re-branded throughout the first two-year proposed transfer of operations. Evaluation of Potential Service Provider There are a number of different criteria that can be used to evaluate a potential service provider. However, a case can be made that the following are three of the more critical ones: 1) does the prospective service provider have the experience and expertise to meet the service demands; 2) can the prospective service provider deliver the service while representing the Town of Fort Erie in a positive and professional manner; 3) can the prospective service provider deliver the service in a cost efficient manner. The Red Cross Niagara currently operates the Region of Niagara’s Niagara Specialized Transit (NST) service. This service was initiated in 2004 and put into full service in November 2006. The program has demonstrated a steady success in meeting the needs of persons that meet this service’s criteria for transport to and from medical appointments throughout our Region. The service has been so well received; Regional government is considering broadening the eligibility and hours of service. Through meeting with the Region and receiving feedback on the Operator’s performance Staff has determined that the Red Cross Niagara is meeting or exceeding the expectations of the Region with regard to service delivery. 1. Experience and Expertise – Red Cross Niagara

Infrastructure Services of 7 Report No. IS-14-07 Red Cross Niagara successfully delivers transportation to seniors and individuals with disabilities. Last year alone Red Cross Niagara provided transportation for 599 clients requiring 11,404 rides. With over 25 years of experience, The Red Cross Niagara can deliver this service. 2. Positive and Professional Manner Red Cross Niagara has an excellent reputation within the Region. They are experienced in dealing with issues involved in the delivery of this type of service in a demanding community. During the many discussions with staff from the Red Cross it became clear that over the past 25 years they have dealt with many of the issues that will arise as the service starts up. With the training the Red Cross Niagara is proposing and their own internal Client Information Management tool & risk/ satisfaction monitoring program, the service will be delivered in a courteous and friendly manner. 3. Cost Efficient The Red Cross is not burdened with the overhead many other potential suppliers have to consider when quoting on a cost to deliver the service. Staff has negotiated some shared services in the provision of this service with the Region of Niagara (dispatch/ supervision/ radio licensing etc. already provided at the Red Cross Niagara for the NST). Staff has carefully reviewed the Red Cost costing model to ensure that nothing significant has been overlooked. The costs are discussed further under the Financial/ Staffing Implications section. Proposed Service There are four critical components to this proposed service:

1) the booking/scheduling/dispatching of trips 2) the provision of drivers and vehicles 3) the operation of the service 4) the storage, maintenance, servicing, fuelling and cleaning of the vehicles

All of the particulars proposed for each of the foregoing components by the Red Cross Niagara are outlined in their Proposal attached as Appendix A. These particulars will also make up terms of the draft Agreement (attached as Appendix B) as “Rules and Operating Procedures”. These will also make up part of a new User’s Guide for users of the service. Eligibility Committee & Criteria An Eligibility Committee will have to be struck to review applications to this new service. Members of staff and a member of the Accessibility Advisory Committee are recommended. All existing clients of the FEMS will be grandfathered into the ridership as eligible users. Going forward the eligibility criteria for the service will be as follows:

Infrastructure Services of 7 Report No. IS-14-07 “The Fort Erie Accessible Specialized Transit (F.A.S.T.) provides curb-to-curb transportation intended for persons with a disability and/or persons who are unable to board a conventional transit vehicle, or walk a distance of 175 metres (approximately 600 feet).” “Disability” is defined as per the Accessibility for Ontarians with Disabilities Act, 2005, which uses the Human Rights Code, and is provided in the Proposal (attached as Appendix A). Transition (May 1 to June 30, 2007) The Town of Fort Erie will assist the Red Cross Niagara with communications with the public and existing riders through local media, possible open houses and website notices. The Red Cross Niagara will be responsible for the coordination of resubmissions of applications for the service. This will be coordinated between the FEMS and Red Cross Niagara. The Red Cross Niagara will be prepared to assume full responsibilities for the service on July 2, 2007. Financial/Staffing Implications Specialized Transit Funding 2005 and 2007: FEMS’ operating budget for 2005 was reported at $129,400 with fare and fundraising revenues for the same period totalling $38,453. The Municipal Council also released a grant of $23,000 in 2005 to offset FEMS’ outstanding expenses and to ensure the service was provided until regular gaming funding could be realized for 2006. In total, paratransit operation by FEMS cost $190,853 in 2005. The Town of Fort Erie’s Council allocated in its 2006 and 2007 Transit Operating Budgets the following amounts for specialized transit: Table 1 Specialized Transit Fort Erie Mobile Service

*2005 Town of Fort Erie 2007 (July 2- December 31, 2007)

Operating Budget $129,400 **$140,272

Bingo Allocations (Included in Operating Budget for 2005)

<$95,000> N/A

Fare Revenue & Funds Raised $38,453 N/A

Town Grants Allocated to FEMS $23,000 N/A

TOTAL $190,853 $140,272

TOWN COST $23,000 N/A

Gas Tax Funding N/A $140,272 * At the time of submission of this report, 2006 Financials were not available from Fort Erie Mobile Service. ** $25,000 was budgeted in 2007Operating Budget for fuel/ maintenance etc. based on Town fuel and shop rates.

Table 2

Infrastructure Services of 7 Report No. IS-14-07 Red Cross Niagara - Proposal (July 2, 2007 – July 2, 2008)** Direct Operating (Wages & Benefits) $113,883 Annual Budget Items (Subject to Fare Revenue) $24,880 Contingency $5,000 Storage, Maintenance, Fueling, Service, etc. N/A Total $143,763 ** Contract costs TBD in 2008/2009 based on fare revenue kept by the Operator Fares and Fare Revenue The $2.00 per trip fare structure will be kept in place under the new service model for the length of this proposed agreement. All fare revenue is to be held by the Operator. This revenue may impact the cost of the contract in the second year of the agreement term. Staffing The Red Cross Niagara proposal assumes the Town of Fort Erie does the storage, fuelling, maintenance and service, etc. which removes this item from the contracted cost. To make the service efficient, it is best to centralize these functions as much as possible otherwise additional costs are incurred. Storage, maintenance, fuelling, service, etc. by the Town shows due diligence in ensuring both vehicle and rider safety is maintained and applicable legislative requirements are met. Further, as the Town will eventually hold all vehicles in service as assets, it is prudent to protect the Town’s investment by ensuring they are properly maintained. The Town has the facilities and means to ensure these investments are protected. In 2007, $25,000 was approved under the Specialized Transit Operating budget to meet these costs. Staff in Fleet Management will be required to incorporate regular service and maintenance of the vans into their annual fleet program. Fuelling and storage of the vans will be provided at the Gibson Centre. The Administrative Supervisor-Infrastructure Services, provides para-transit contracted transit administration, coordination of public ads and notices, will facilitate any open houses or public information centres and designs in-house all schedules, User Guides etc. relevant to this service. Provincial Gas Tax Specialized transit ridership is reported annually by the Town to CUTA and provincial gas tax subsidy is based on this ridership. Policies Affecting Proposal The Town of Fort Erie’s authority to provide municipal transit services is provided by the Municipal Act 2001 Section 11(3), as a non-exclusive sphere of jurisdiction. The existing para-transit service is authorized under By-law 149-05: “Being a By-Law to Authorize the Entry into Agreement with Non-Profit Mobile Services Corporation of Fort Erie (Fort Erie Mobile Service) for the provision of a Specialized Public Transportation System”, dated August 15, 2005.

Infrastructure Services of 7 Report No. IS-14-07 The Town of Fort Erie enters into a Letter of Agreement with the Ministry of Transportation, Province of Ontario annually to govern the use of dedicated gas tax funds by municipalities for public transportation. Comments from Relevant Departments/Community and Corporate Partners Town Staff and the Red Cross Niagara will continue to coordinate any transfer of assets/ operations with the Board of Directors for the Fort Erie Mobile Services to meet the terms of the proposed timelines and agreement. The Accessibility Advisory Committee, the Seniors Advisory Committee and the Community Health and Wellness Group have identified persons with disabilities and seniors as key groups impacted in Fort Erie in areas such as specialized/ para-transit under “quality of life issues”. Region of Niagara – Inter Municipal Para-Transit Members of Council will recall their endorsement of the provision of an inter-municipal specialized transit (NST) as an enhanced service for disabled and mobility challenged residents of Fort Erie considered under Administrative Report No. PW-41-04. The inter-municipal para-transit services were initiated in November 2006. The Town’s Solicitor has reviewed the draft Service Agreement (attached as Appendix B) and will provide any comments to the final to be submitted along with a supporting by-law. Alternatives Council may choose not to approve a service contract be awarded to the Red Cross Niagara for the provision of the new Fort Erie Accessible Specialized Transit (F.A.S.T.). This would leave Fort Erie Mobile Service under the terms of their existing agreement to the end of 2007. Council would likely have to consider how monies approved in the budget could be utilized to establish a sustainable service with the existing service provider. Conclusion This is a parallel level of service to the expanding Town of Fort Erie conventional transit. As the conventional transit is not fully accessible, this service is for many in our community the only alternative for transportation that is affordable and fully accessible. Under Administrative Report IS-50-06 and further to Council’s approval of the “Ridership Growth Plan 2006”, Staff has been diligent in exploring all alternatives in providing a more sustainable specialized transit service in 2007 and beyond. It is Staff’s recommendation to approve the entry into this two-year service agreement with Red Cross Niagara to take over service provision of a new specialized transit service to be contracted by the Town of Fort Erie.

Infrastructure Services of 7 Report No. IS-14-07 Attachments Appendix A – Red Cross Niagara - Proposal for the Town of Fort Erie –

Specialized Public Transportation System Appendix B - Draft Transit Service Agreement – Town of Fort Erie and Red

Cross Niagara

Appendix ‘A’ to IS-14-07 “Red Cross Niagara – Proposed Service Provider for the New

Fort Erie Accessible Specialized Transit (FAST) Service”

Proposal for the Town of Fort Erie

Specialized Public Transportation System

Submitted by:

Table of Contents

1. Not-for-Profit Organizations Delivering Specialized Transit ..............................................................................3

2. Service Provider Agency Profile.............................................................................................................................5

3. Needs Assessment ....................................................................................................................................................6

4. Eligibility ..................................................................................................................................................................7

5. Operations ................................................................................................................................................................9 5a) Staffing Requirements ........................................................................................................................................9 5b) CIMS Program..................................................................................................................................................13 5c) Vehicle Maintenance and Storage ....................................................................................................................13 5d) Fares and Collection .........................................................................................................................................14 5e) Fundraising .......................................................................................................................................................15 5f) Transition ..........................................................................................................................................................15

6. Performance Management....................................................................................................................................15

7. Legislation ..............................................................................................................................................................16

8. Quality and Risk Management Program.............................................................................................................16 Performance Monitoring and Evaluation................................................................................................................16 Client Complaints/Client Satisfaction.....................................................................................................................17 Risk Management ...................................................................................................................................................17

Proposal for Fort Erie Specialized Public Transportation

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1. Not-for-Profit Organizations Delivering Specialized Transit

The not-for-profit sector has an excellent record in the delivery of specialized

transit to wheelchair and ambulatory clients. Although known primarily for the

use of volunteer drivers to provide service to seniors and individuals with

disabilities, not-for-profit organizations have also been used as an alternative

means of delivering specialized transit for municipalities or regional government.

The Canadian Red Cross (“Red Cross”) currently provides Transportation

Services in several Ontario communities. The majority of the Red Cross’

Transportation Services are funded by the Ministry of Health and Long Term Care

(MOHLTC) with some regional programs operating in Niagara, Peel and Simcoe

County.

The Niagara Branch has provided transportation services for seniors and

individuals with disabilities for more than 25 years. Recently, our Branch was

awarded a contract with the Regional Municipality of Niagara to provide Inter-

Municipal Specialized Transit Service. This service is available for passengers

who need to cross municipal boundaries for medical appointments. We have 5.5

FTE paid Drivers for this service as well as 2.5 Schedulers and 1 Coordinator (1

FTE).

We also offer transportation services funded through the MOHLTC and United

Way to help offset client subsidies. Eligibility for this service is determined by the

MOHLTC. Our most recent indicators show that we provided 7,255 units of

service from April 1, 2006 to September 30, 2006. Results for the same time


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period in 2005/06 indicate that we provided 4,570 units of service. We have served

479 clients in this program for 2005/06 to date.

The MOHLTC transportation program is volunteer-driven with 78 volunteer

drivers and 3 office volunteers. We also have 1 FTE Program Coordinator, 1.5 FTE

Scheduling Clerks and 0.6 FTE paid Driver. This service provides transportation

medical appointments, social outings, compassionate visits and shopping.

The Red Cross Branch in Peel provides Transportation Services through 3

different funders: the MOHLTC, the Regional Municipality of Peel and a private

contract with 2 adult day centres. The MOHLTC transportation program has been

operational for more than 20 years. This program provided 9,000 rides in 2005/06

with the assistance of 10 volunteer drivers and 2 full-time and 2 part-time paid

drivers.

The Peel Branch has also held a transportation contract with the Regional

Municipality of Peel for 4 years. This program is specific to clients who require

transportation for dialysis. The hours of operation for this program are Monday to

Saturday from 5:00 a.m. to 12:00 a.m. The Region supplies the Branch with the

vehicles, and the Branch bills the Region per one-way ride; the client has a

minimal co-payment. The Peel Branch provided more than 36,000 rides for this

program in 2005/06 using 8 full-time, 2 part-time and 5 casual Drivers, all of whom

are paid. This program will be expanding to include Specialized Transit for all

medical appointments.

The Simcoe County Branch provides Transportation Services through 2 funding

sources, the MOHLTC (since 1987) and the Town of Collingwood (since 1999).


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The Branch provided 24,166 rides in 2005/06 for both programs with 42 volunteer

and 6 paid Drivers. Clients for the programs are frail seniors and/or individuals

experiencing physical challenges who cannot use alternative forms of public

transportation. The majority of transportation services in Simcoe County are for

medical appointments.

2. Service Provider Agency Profile

The Canadian Red Cross has been providing humanitarian services in Canada for

more than a century. The Niagara Branch, chartered by the British Red Cross, has

provided service in Niagara for 100 years. Our Transportation service has been

operational for 25 years.

Mission

The Canadian Red Cross’ mission is to improve the lives of vulnerable people by

mobilizing the power of humanity in Canada and around the world.

Vision

The Canadian Red Cross is the leading humanitarian organization through which

people voluntarily demonstrate their caring for others in need.

Values

Our actions and decisions will be based upon:

Humanitarian values, as expressed in our Fundamental Principles1;

Respect, dignity and care for one another within and outside of Red

Cross;

Integrity, accountability, effectiveness and transparency.

The Niagara Branch provides the following services to clients:

1 Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity, Universality


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Transportation Services

Babysitting Courses

RespectEd

Disaster Services

International Services

Safety Services

Personal Support/Homemaking

Palliative Care

Respite Care

Our Branch provides services for clients who live in the Niagara Region.

The MOHLTC transportation service is available to clients in St.

Catharines/Thorold, Niagara Falls, Fort Erie and Port Colborne/Wainfleet areas.

We are very familiar with the geographic boundaries of the municipalities. On

occasion, we have provided transportation to London, Hamilton and Toronto for

clients who had medical appointments in these areas.

3. Needs Assessment

As discussed in the report “Town of Fort Erie Transit System Ridership Growth

and Asset Management Plan” completed by the Corporation of the Town of Fort

Erie, Fort Erie is in need of a specialized transit system with increased service,

greater efficiency, and improved customer service. The current system is

operating at capacity and requires expansion to adequately serve the number of

Fort Erie residents who need this assistance.


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This report also states that in 2001, 28% of residents of Fort Erie were 55 years of

age and over, a higher percentage than the provincial average, and this

percentage is increasing. These numbers establish a clear need for expanded

specialized transit. An improved system will help older adults and others in need

have greater access to healthcare and other services and improve their quality of

through increased connection to their community.

4. Eligibility

An Eligibility Committee will have to be struck to review applications to this new service. Members of staff and a member of the Accessibility Advisory Committee are recommended. This Committee would also deal with rider complaints regarding the service or the Operator. All existing clients of the FEMS will be grandfathered into the ridership as eligible users. The Red Cross Niagara will be corresponding with all existing riders to update rider contact information, advise of the new service’s operating procedures and to ensure FOI (Freedom of Information) compliances are met. As per the Accessibility for Ontarians with Disabilities Act, 2005 which uses the Human Rights Code, the definition of a “disability” is as follows: • any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device • a condition of mental impairment or a developmental disability


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• a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language • a mental disorder, or • an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997 (“handicap”). Going forward the eligibility criteria for the service will be as follows: “The Fort Erie Accessible Specialized Transit (FAST) provides curb-to-curb transportation intended for persons with a disability and/or persons who would be unable to board a conventional transit vehicle, or walk a distance of 175 metres (approximately 600 feet).” It should be noted that elderly persons or Dialysis patients may be eligible for the service provided they meet the Eligibility Criteria. All new riders will submit an application for service signed by a healthcare professional to be reviewed by the Eligibility Committee.

Some passengers may require the assistance of a Personal Care Attendant for

their own safety/well-being. The Eligibility Committee will assess these situations

on a case-by-case basis during the intake and eligibility screening process. When

deemed appropriate or required by the Coordinator, a Personal Care Attendant

may escort an eligible passenger at no cost.

Passengers may also name a companion at the time of booking a trip with the

program. A companion is defined as a person who accompanies a passenger and

who is 18 years of age or older. A companion is not considered a Personal Care

Attendant and is required to pay the appropriate fare for travel on the Specialized

Public Transportation System. Only one companion per trip is allowed. Eligibility

for traveling with a companion will be dependent upon priority booking with


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medical appointments receiving top priority followed by employment/educational

needs and finally personal/recreational needs.

At this time, Red Cross’ program hours of operation will be from 8:30 a.m. to 4:30

p.m., Monday to Friday. Service will not be provided on statutory/public holidays.

5. Operations

5a) Staffing Requirements The Red Cross has more than 25 years of experience scheduling and delivering

transportation services for seniors and individuals with disabilities. With the Red

Cross as the service provider, the Town of Fort Erie can be assured that

dispatching and trip scheduling with clients will be timely, responsive and

handled in a professional manner.

Schedulers

To meet these requirements, the Red Cross will utilize the existing 2 FTE

Schedulers to handle calls for the Specialized Public Transportation Service.

Based on the Red Cross’ experience, one Scheduler can schedule 9,000-10,000

one-way trips/year. The Schedulers will work from 8:30 a.m. to 4:30 p.m., Monday

to Friday. Reservations for trips will be received 48 hours in advance. Wherever

possible, we will make every attempt to book a ride for a passenger with less than

48 hours notice. Schedulers will contact passengers the day before a scheduled

trip to confirm the time of pick-up.

The minimum qualifications for this position are as follows:

1-3 years experience in a community service program, health program

or related field

Excellent customer service skills


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Computer skills

Excellent verbal and written communication skills

Ability to multi-task and prioritize work

From our years of experience, the Red Cross understands the importance of first

contact with a client. With this experience, we know that all situations can and

will be managed in a professional manner. The Schedulers will have the

following training:

Red Cross Orientation

Customer Service

Client Intake

CIMS (for more information, please see page 13)

Scheduling/Dispatching

Policies and Procedures related to the Transportation Program and

Community Health Services.

Coordinator

The Red Cross will also assign a Coordinator (0.25 FTE) to supervise the

program, determine client eligibility and handle client complaints and emergency

situations. The Coordinator will be available in the office from 8:30 a.m. to 4:30

p.m. Monday to Friday and by pager for emergency and after-hours situations.

The qualifications for the Coordinator position are similar to those of the

Scheduler with a greater emphasis placed on experience and supervisory skills.


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Drivers

The Red Cross is prepared to hire 2 FTE Drivers to cover the service hours and allow for lunch relief in compliance with the Employment Standards Act. Additionally, the Red Cross is prepared to hire 1 casual Driver to stand by in case of Driver illness, vacation or emergencies (i.e., vehicle breakdown while on service). Consideration will be given to existing employees of the FEMS. Through discussion with the Board of Directors of FEMS, Red Cross Niagara is encouraging existing FEMS drivers to apply for these positions. All employees of the service must meet the employment criteria set out by the Red Cross Niagara. We will also have the option of using our Drivers from the Niagara Inter-Municipal Specialized Transit Service (NST) as back-up as they are trained Red Cross employees.


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The minimum qualifications for a Driver are as follows:

Secondary level education plus one (1) year’s experience or an

equivalent combination of education and experience

Must hold a valid Class F Ontario’s Driver License

Must have an excellent driving record (no more than three demerit

points)

Must be available to drive as scheduled

Experience working with the elderly, cognitively impaired and/or

physically disabled individuals is an asset

Training in First Aid/Cardio Pulmonary Resuscitation (CPR) is an asset

Successful completion of a criminal reference check as well as two

work-related references

Drivers will be expected to wear a uniform which consists of the following:

A Red Cross photo identification badge

A sweater, pants and shirt bearing the Red Cross emblem

Fleet

In the proposed transfer of operations from FEMS to the Town of Fort Erie, ownership of the existing FEMS fleet will be transferred to the Red Cross Niagara. Currently two vans are to be transferred with one at the end of its service life (2001 model). This asset will be liquidated by the Red Cross Niagara with monies to be held in reserve towards the purchase of a newer van in 2008/2009 once the second van (2004 model) has completed its life cycle in service. The 2004 model will continue to carry the FEMS branding and acknowledgement to the Italo-


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Canadian Club for donating it while it is in service. The Town of Fort Erie will purchase of a van for this service to go into operation upon receipt by the Red Cross Niagara. This capital purchase will be solely owned by the Town and leased to the Operator.

5b) CIMS Program Once eligibility has been determined for the Specialized Public

Transportation System, the Red Cross will enter the client into the Client

Information Management System (CIMS) database, which assigns the client a

unique identification number. The Scheduler is then prepared to book trips for

passengers. CIMS will be used to:

Register clients.

Schedule trips.

Maintain a Driver information database.

Provide statistical reports (for more information, please see page 16).

Generate routes.

5c) Vehicle Maintenance and Storage The service delivery model used by the Red Cross in Peel and St. John’s in Niagara Falls is the same as the one being proposed by Red Cross Niagara. In the case of the Red Cross – Peel and St. John’s in Niagara Falls, the service deliverers provide the dispatching function and the drivers to deliver the service. In both cases the Region of Peel – Transhelp and the City of Niagara Falls – Niagara Transit maintains the vehicles. This is the model being proposed by Red Cross Niagara.


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We recognize that as a part of this agreement, any remuneration that the Red

Cross receives from the future sale of any of these vehicles must be reinvested

into the Fort Erie Specialized Public Transportation program. For example,

proceeds from the sale of a vehicle may be used towards the purchase of a new

vehicle for the program.

The Town of Fort Erie will provide and maintain the vehicles used for client

service in accordance with federal, provincial, and municipal laws and the

Highway Traffic Act, R.S.O. 1990, c.H. 8, and Regulations as amended thereunder.

At the beginning of the Driver’s shift, the Driver will be responsible to complete a

“circle check” to visually ensure the safety of the vehicle. At the end of the shift,

the Drivers will be required to fill in a “sign-off sheet” identifying any problems

that occurred with the vehicle during their shift. It will be the Driver’s

responsibility to notify the Coordinator of any concerns with vehicle maintenance

that arise during the circle check or while in transit. The Coordinator will be

responsible to determine the course of action required (i.e., have vehicle repaired,

reschedule clients, send back-up vehicle).

Vehicles used for Specialized Public Transportation will clearly identify that this

is a Town of Fort Erie Program and vans are operated by the Red Cross.

5d) Fares and Collection Passengers for the Specialized Public Transportation Program will be subject to a

$2 fare per one-way ride. The Red Cross is prepared to negotiate appropriate

procedures regarding the collection of fares procedures with the Town of Fort

Erie.


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Fare revenue to be held by operator to be reviewed biannually as to impact on

contract budgeting.

5e) Fundraising The Red Cross will not engage in any fundraising activities for this program. The

Town of Fort Erie will be responsible for all funding related to the Specialized

Public Transportation System.

5f) Transition The Red Cross will work cooperatively with Fort Erie Mobile Services (FEMS)

regarding the transition of current registered passengers for Specialized Public

Transportation System. The program Coordinator and Manager, Community

Health Services will meet with FEMS staff to ensure the appropriate transfer of

passenger information and notification of the change in Service Provider.

We anticipate a transition period of May 1, 2007- June 30, 2007. The Red Cross

will be prepared to assume full responsibilities for the Specialized Public

Transportation System on July 1, 2007.

6. Performance Management

The Red Cross has a formal performance management system in place. All newly

hired staff will receive a probationary performance evaluation at the completion

of 6 months and another after one year’s employment. An evaluation is

conducted annually thereafter. Our Transportation Manual outlines policies,

procedures and code of conduct for volunteer Drivers and will be applied to paid

Drivers where applicable.


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7. Legislation

The Canadian Red Cross adheres to all applicable municipal, provincial and

federal legislation, including but not limited to the following: Employment

Standards Act, Ontario Human Rights Code, Workplace Safety Insurance Act, and

Highway Traffic Act.

8. Quality and Risk Management Program

The Canadian Red Cross has developed a comprehensive Quality and Risk

Management program for its Community Health Services program. The QM/Risk

program is transferable to the Transportation Services outlined in this proposal.

Performance Monitoring and Evaluation The Canadian Red Cross measures its performance using indicators, reports

(monthly/quarterly/annually), passenger satisfaction survey results and funder

satisfaction survey results. The Town of Fort Erie will benefit from our CIMS

program and its ability to track indicators. Specifically, we will be able to provide

the Town of Fort Erie with the following information on a monthly, quarterly or

annual basis:

Registrants/Capita

Passengers/Capita

Passengers/Registrant

Passengers/Hours

Vehicle kilometers/Passengers

Average Speed

Utilization Reports


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Passenger cancellations

Not Seen/Not Found (please see page 18 for more information)

Unable to Provide Service

Geographic origin and destination

Client Complaints/Client Satisfaction The Red Cross has processes in place for responding to client complaints. The

initial individual to receive the complaint will try to resolve the issue as

appropriate. If the client’s complaint cannot be resolved, it is noted and

forwarded on to a more senior staff member for resolution.

The Red Cross also assesses client/funder satisfaction to evaluate its services

and to identify areas for improvement. With the Town of Fort Erie’s permission,

we will conduct an annual evaluation of client satisfaction with the Specialized

Public Transportation Service. A copy of the results will be shared with the

Municipality upon completion.

Risk Management Risk management is inherent in the community services provided by the Red

Cross. We have comprehensive policies and procedures in place to ensure the

safety of staff and clients. Our Transportation Manual for the volunteer driver

program will be the starting point for the Specialized Public Transportation

Service. In addition, policies developed for other programs, such as Personal

Support/ Homemaking, may be applicable/adaptable to Transportation, including

the following:

Abuse


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Client Safety

Confidentiality

Emergency Situations

Ethical Guidelines

Ethics Consultation and Support

Not Seen/Not Found

Protection of Health Information (National CRCS policy)

Records Management

Reportable Events

Withdrawal of Service

Each program of the Red Cross, including Transportation Services, will be

undergoing a Quality/Risk Management review. As a part of this review, we

anticipate the development of new policies and procedures to address current

risk issues.

Not Seen/Not Found

In order to address Not Seen/Not Found situations (i.e., a client is not present at a

pick-up location) and emergency situations effectively, the Canadian Red Cross

will require each client to provide 2 emergency contacts. Emergency contact

information must include full names and phone numbers of individuals who

would be available to be reached in case of emergency during the Transportation

Service’s hours of operation.


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Withdrawal of Service

The Red Cross retains the right to withdraw service to any passenger who no

longer meets the established Eligibility Criteria or who poses a threat to the

Driver or other passengers. In these situations, the program Coordinator will

investigate the situation before a decision is made to withdraw service. Should a

passenger’s eligibility be revoked or services placed on hold due to risk, the

passenger will have the right to appeal this decision with the Manager,

Community Health Services.

Infection Control

Although the Canadian Red Cross has several infection control related policies

and procedures, we will follow the direction of the Regional Municipality of

Niagara’s Public Health department regarding infection control measures for

Transit drivers. In case of a declared pandemic, the Canadian Red Cross will

conduct Febrile Respiratory Illness (FRI) screening for each client the day before

service is delivered. If a client fails the FRI screening test, transportation will not

be provided, and the client will need to make alternate arrangements for

transportation.


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Appendix ‘B’ to IS-14-07 “RED CROSS NIAGARA - PROPOSED SERVICE PROVIDER FOR THE

NEW FORT ERIE ACCESSIBLE SPECIALIZED TRANSIT (F.A.S.T.) SERVICE”

TRANSIT SERVICE AGREEMENT

THIS AGREEMENT made as of the 2nd day of July, 2007. BETWEEN The Canadian Red Cross

(hereinafter referred to as “The Red Cross Niagara”) -and- The Town of Fort Erie (hereinafter referred to as “The Town of Fort Erie”)

RECITALS:

A. The Non Profit Mobile Services Corporation of Fort Erie intends to cease their involvement in the delivery of specialized transit service within the Town of Fort Erie and intends to transfer the responsibility for the delivery of the specialized transit known as Fort Erie Mobile Service to the Town of Fort Erie;

B. The Non Profit Mobile Services Corporation of Fort Erie intends to transfer

the ownership of two vans needed to deliver the service to The Red Cross Niagara

C. The Town of Fort Erie intends to change the name of the service from the

Fort Erie Mobile Service to The Fort Erie Accessible Specialized Transit (FAST);

D. The Town of Fort Erie will lease an additional vehicle to The Red Cross Niagara, the terms and conditions of which shall be set out in a separate leasing agreement;

E. The Red Cross Niagara has the labour, infrastructure and expertise, which are capable of being used to provide the Fort Erie Accessible Specialized Transit (FAST) service.

F. The Town of Fort Erie wishes to contract with The Red Cross Niagara for the provision of such transit service and other related services all on and subject to the provisions of this Agreement.

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NOW THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties hereto acknowledge the Parties to the Agreement agree as follows:

SECTION 1 DEFINITIONS AND INTERPRETATION

1.01 Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings:

(a) “Accessible Building Entrance Door” means the first door in view of the

vehicle or selected in consultation with the facilities management for either the pickup or drop-off of a FAST Customer. Access to the door shall not require the negotiation of;

(i) any steps in cases where a Customer uses a motorized wheelchair or scooter;

(ii) not more than two (2) steps when a Customer uses a manual wheelchair; or

(iii) not more than five (5) steps in cases where a Customer uses a walker, cane, or other similar mobility devise.

(b) “Accident” means any time a vehicle owned by The Town of Fort Erie and

leased to The Red Cross Niagara comes into contact with anything other than the tires to the road and that causes bodily harm or is struck by an object regardless of the amount of damage if any;

(c) “Agreement” means this Agreement including any recitals and schedules to

this Agreement, all as amended, supplemented or restated from time to time by mutual agreement between the Parties;

(d) “Business Day” means a day other than a Saturday, Sunday, or Statutory

Holiday in the Province of Ontario;

(e) “Cancellation at the Door” means a Customer cancels his or her trip when the driver arrives at the designated pickup point;

(f) “Commencement Date” shall be the date determined in accordance with

Section 6.01 of this Agreement;

(g) “Companion” means a person who accompanies a Customer. A

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Companion is not considered a Personal Care Attendant and is required to pay the appropriate fare for travel on the FAST service. Only one Companion per trip is allowed;

(h) “Customer” means a person who meets the Eligibility Criteria and has been approved by the Eligibility Committee and has been given a registration number and is in good standing;

(i) “Daily Schedule Run Sheet” means a chronological log of daily Customer trip requests identifying Customer information and trip details;

(j) “Dispatcher means a person employed by The Red Cross Niagara who books the pick–up times for the Customers of the FAST Service and provides the Daily Schedule Run Sheets for the Drivers and shall include a Service Coordinator employed by The Red Cross;

(k) “Drop-off Point” means the drop-off location/destination of a Customer’s trip on the Daily Schedule Run Sheet;

(l) “Hazardous Items” means any items that are labelled or classified as flammable, hazardous or explosive in nature or which may cause a discomfort or injury to persons or damage to property, save and except for merchandise that is sold in retail grocery stores; (m) “Incident” means any unusual occurrence, other than an Accident, that has the potential for legal action against The Town of Fort Erie. Events such as when a Customer falls within or while being escorted to and from the vehicle which may or may not result in apparent personal injury to the Customer shall be considered an “Incident”;

(n) “Late Cancellation” means any trip cancelled less than 2 hours before their pick-up. Cancellations that result from the late arrival of the vehicle by 20 minutes or more are waived;

(o) “Mobility Aid” means a device used to facilitate the transport of a person with a disability;

(p) “Party” means either party to this Agreement and “Parties” means both parties to this Agreement;

(q) “Performance Standards” as outlined in Schedule “I” were developed to

ensue the service provider to provides the highest quality of service and to protect The Town of Fort Erie’s asset and image. They are standards that the service provider is expected to maintain during the Term of this Agreement.

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(r) “Personal Care Attendant” means a person 18 years of age or older who accompanies a Customer who is unable to travel on the FAST Service by themselves. The Personal Care Attendant is required to be capable of providing the Customer with care and assistance beyond what the driver is required to provide. A Personal Care Attendant is not required to pay a fare. The Customer’s application form must identify the need for a Personal Care Attendant;

(s) “Revenue” means all fares paid by Customers including those collected by the drivers;

(t) “Revenue Service” means the time the vehicle is in service to carry fare paying Customers of FAST and includes the assistance of the Customer to and from the vehicle and travel time to the pick-up location; (u) “Rider “ or “Riders” include(s) Customers, Companions and Personal Care Attendants;

(v) “Service Animal” means any registered or certified guide dog, signal dog, hearing or any other animal individually trained to provide assistance to a Customer. The need for a Service Animal must be identified on the application form;

(w) “Service” or “Services” means the FAST service provided by The Red Cross Niagara to The Town of Fort Erie as described in Section 2.01 of this Agreement as may be subsequently amended or supplemented from time to time by written agreement of the Parties;

(x) “Services Fee” means the fee paid to The Red Cross Niagara net of the fares collected by the Red Cross pursuant to Section 3:01 of this Agreement as may be adjusted pursuant to Section 3:02 of this Agreement; and

(y) “Term” means the term of this Agreement as provided for in Section 6:01 of this Agreement.

1.02 Headings. The division of this Agreement into sections and the insertion of

headings are for convenience of reference only and are not to affect the construction or interpretation of this Agreement.

1.03 Number and Gender. Unless otherwise specified, words importing the

singular include the plural and vice versa and words importing gender include all genders.

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1.04 Governing Law. This Agreement is governed by and shall be construed and interpreted in accordance with the laws of the Province of Ontario.

1.05 Severability. If any provision of this Agreement is or becomes illegal,

invalid or unenforceable, in any jurisdiction, the illegality, invalidity or enforceability of that provision shall not effect:

(a) the legality, validity or enforceability of the remaining provisions of

this Agreement; or (b) the legality, validity or enforceability of that provision in any other

jurisdiction. 1.06 Time of the Essence. For every provision of this Agreement time is of the

essence. 1.07 Entire Agreement. This Agreement constitutes the entire Agreement

between the Parties with respect to subject matter and supersedes all prior agreements, negotiations, discussions, representations and understandings whether written or oral.

1.08 Schedules. The following schedules are attached to and form part of this

Agreement:

Schedule “A” Rules and Operating Procedures Schedule “B” Revenue Service Schedule Schedule “C” Fleet of Vehicles Schedule “D” Wheelchair/Scooter Securement Schedule “E” Fare Schedule Schedule “F” Accidents/Incident Reporting Schedule “G” Training

Schedule “H” Reports Schedule “I” Performance Standards Schedule “J” Budget Breakdown

SECTION 2 PROVISION OF SERVICE

2.01 Description of Services. The Town of Fort Erie hereby retains and authorizes The Red Cross Niagara and The Red Cross Niagara hereby agrees for the Term and in accordance with the provisions of this Agreement to perform and provide specialized transit service on the days and times as set forth in Schedule “B”. The ownership of two (2) vans will be transferred to The Red Cross Niagara by the Non Profit Mobile Services Corporation of Fort Erie and one (1) specialized vehicle shall be leased by The Town of Fort Erie to The Red Cross Niagara to

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provide such Service. The Red Cross Niagara will provide sufficient licensed drivers having the required training and skill to operate the vehicles safely and efficiently and assist Customers using the Fort Erie Accessible Specialized Transit Service (FAST). Staff will also be provided by The Red Cross Niagara to act as Dispatchers. 2.02 Standards. In the performance of the Services, The Red Cross Niagara agrees to: General:

(a) observe and comply with The Town of Fort Erie’s Rules and Operating Procedures as outlined in Schedule “A” herein;

(b) obtain and maintain all licences and permits it requires to enable it to

properly perform the Service. The Town of Fort Erie shall co-operate fully with The Red Cross Niagara to assist in securing all such licences and permits;

(c) ensure that it complies at all times during the Term with applicable laws,

by-laws, rules, orders and regulations of any governmental or regulatory authority in the performance of the Service. Where necessary or desirable to ensure compliance, The Town of Fort Erie agrees to provide its assistance and co-operation to The Red Cross Niagara;

(d) operate and manage the Service hours requirement described in

Schedule “B” attached to this Agreement, or as amended from time to time;

(e) provide (2) Red Cross vehicles until they can be replaced by vehicles

leased to the Red Cross by the Town of Fort Erie and be responsible for all properly certified and or licensed bus drivers, as well as properly trained Dispatchers, supervisors, and the staffing and management required to carry out the Service in accordance with this Agreement;

(f) provide as part of the Service, related administrative services which shall

include: providing on street service supervision, as well as information on the Service, following up on Customer service issues, and providing monthly data reports to The Town of Fort Erie (Schedule “H” attached);

(g) schedule and dispatch bus drivers and vehicles based on Daily Schedule

Run Sheets provided the day prior by the Dispatchers;

(h) pay all reasonable expenses associated or connected with providing the Service except as may be otherwise expressly provided in this Agreement;

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(i) attend quarterly meetings with staff from The Town of Fort Erie and

other formal meetings as required by The Town of Fort Erie;

(j) adhere to all Fort Erie Accessible Specialized Transit (FAST) Rules and Operating Procedures as outlined in Schedule “A”, including but not limited to:

(i) ensure that each Customer produces the proper identification before boarding a vehicle; (ii) ensure a smoke free environment is maintained inside the vehicle; (iii) ensure that all Mobility Aids and Customers are properly secured as per Schedule “D” attached;

(iv) ensure that drivers adhere to the trip origin and destination specified on the driver’s Daily Schedule Run Sheets and that any deviation is to be approved in advance by informing and requesting approval from the Dispatchers; (v) ensure the drivers wait the mandatory five (5) minutes past the scheduled pickup time or if late make every effort to locate the Customer. If the Customer cannot be located despite all best efforts by the driver, the driver is to contact the Dispatcher for notification of the no-show. The Dispatcher will immediately attempt to contact the Customer or the “Emergency Contact”. If the Dispatcher is unable to make any contact with either the Customer or the emergency contact, the driver will then be instructed to properly fill out and place the “No-Show” ticket in a visible location and to continue to the next pickup/drop-off location as indicated on the trip manifests;

(vi) Cancellations at the Door by the Customer are to be reported by the driver immediately to the Dispatcher;

(vii) ensure drivers escort/assist Customers to and from the first accessibility door of the designated pickup and drop-off location;

(viii) ensure drivers announce their arrival on behalf of FAST Service inside the appropriate accessible entrance of any institution including hospitals, schools, shopping centres, nursing homes, etc. and ensure the Customer presents their registration card prior to boarding the Customer; and

(ix) ensure the driver maintains an appropriate environmental climate on the bus related to heating and air conditioning.

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Operations: (k) The Red Cross Niagara’s responsibilities with respect to the

operation portion of the Service shall include, but not be limited to: (i) operating the vehicles, as described in Schedule “C” as amended from time to time, that are owned by The Town of Fort Erie and leased as well as those whose ownership has been transferred to The Red Cross Niagara for the purposes of providing the Service;

(ii) shall only use the vehicles described in Schedule “C” to provide the Service as specified in this Agreement unless otherwise agreed to by The Town of Fort Erie;

(iii) should The Town of Fort Erie acquire additional vehicles during the Term of this Agreement to supplement or increase the service hours, and should The Red Cross Niagara agree to provide the additional service hours, payment for the additional hours will be at the hourly rate as negotiated between the parties;

(iv) maintaining a “Lost and Found” service from which lost articles can be reclaimed by the Rider at The Red Cross Niagara, premises 211 Church St, St. Catharines, Ontario L2R 3E8, between the hours of 8:30 a.m. and 4:30 p.m. All lost articles shall be kept or a period of three (3) months, following which, the disposal of such items shall be undertaken in conjunction with The Town of Fort Erie. The Red Cross Niagara shall make every attempt to return all lost articles by having the Dispatchers contact the owner of lost articles containing identification;

v) reporting of all Accidents and Incidents as outlined in schedule “F” attached; vi) ensure that all drivers perform a “pre-trip inspection” and complete the “vehicle inspection report”; and vii) ensure that at the end of their shift each driver completes a “sign- in sheet” for the vehicle they were driving during their shift.

(l) The Town of Fort Erie Responsibilities. The Town of Fort Erie

through Fort Erie Accessible Specialized Transit (FAST) Service, will have responsibility for and pay the costs of:

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(i) leasing a vehicle to The Red Cross which is to be in good working condition on the Commencement Date, to be used in the delivery of the specialized transit service;

(ii) determining the Service level over the Term of this Agreement, including the hours of operation, and the vehicle scheduling based on Customer trip demand by time of day/day of the week;

(iii) establishing fare policies and the fare structure for Customers of FAST as per schedule “E” as amended from to time to time;

(iv) determining the “Eligibility” of those applying to use FAST Service;

(v) producing marketing and advertising information including the

design and printing of promotional materials:

(vi)providing payments to The Red Cross Niagara as per the requirements under this Agreement;

(vii) all vehicle licensing fees; expenditures related to printing and supply of “No Show” slips and vehicle “Circle Check” (pre-trip inspections) pre-service forms and sign-in sheets expenditures relating to the printing, supply and destruction of all appropriate fare media where applicable;

(viii) administering and monitoring on-going compliance with this Agreement including analyzing data supplied by The Red Cross Niagara as part of the requirements of this Agreement, requested by The Town of Fort Erie and/or obtained through Customer surveys/audits;

(ix) introducing new technologies relating to the infrastructure, application or operation of the Services. Should the introduction of a new technology result in a reduced cost to The Red Cross Niagara, The Town of Fort Erie reserves the right to seek a reduction in the hourly rate charged by The Red Cross Niagara;

2.03 Labour. In providing the Services, each Party shall be solely responsible

for all matters relating to the personnel required to fulfil its respective obligations pursuant to this Agreement, for hiring, training, supervising, paying and, where necessary discharging, for keeping and maintaining all records required by law or by prudent management and for complying with the requirements of applicable collective agreements, all statutes, regulations, by-laws and other lawful requirements of Federal, Provincial, Regional and Municipal authorities in any way relating to workers’ compensation,

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occupational health and safety, income and other taxes and to similar matters implicit in or required by law by the employer/employee relationship. Each Party acknowledges that their personnel shall not be deemed to be employees of the other and each Party shall keep the other, its officers, directors, employees and agents fully indemnified from and against any claims, demands, costs, expenses (including legal fees) or liabilities that arise out of, from or in connection with employment matters related to its obligations pursuant to this Agreement.

SECTION 3 COMPENSATION

3.01 Services Fee. For the Services provided hereunder, The Town of Fort Erie

shall pay to The Red Cross Niagara a fee calculated as $27.38 for each hour of service. Service hours shall be based upon the time on the approved Driver Schedule. Hours billed over and above those approved on the Driver’s Schedule will be submitted to The Town of Fort Erie separately with reasons outlining the cause of for the overtime incurred. In addition, items totalling $29,880 have been identified as subject to an annual review for budget purposes, see attached Schedule “K”. However, subject to 3:02, in no case should the annual cost billed by The Red Cross Niagara to The Town of Fort Erie exceed $143,763 unless prior written approval from The Town of Fort Erie is obtained by The Red Cross Niagara.

3.02 Fee Adjustment for Hourly Wage Increases. Recognizing that the hourly

Services Fee is based partially upon the current hourly wage rate which The Red Cross Niagara is required to pay its drivers, and administrative staff, The Town of Fort Erie agrees that the hourly Service Fee shall be increased by the increase in the base hourly wage rates which may be agreed to by The Red Cross Niagara with the dispatchers and drivers. Any such change shall be effective retroactively to the date the increase is in effect.

3.03 Time for Payment. The Services Fee shall be calculated and invoiced to

The Town of Fort Erie monthly in arrears and be due and payable by The Town of Fort Erie on the 20th day of the following month. Other overhead costs incurred by The Red Cross Niagara in the delivery of the service as outlined in Schedule “J” shall be billed to The Town of Fort Erie when incurred.

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SECTION 4 RECORDS, REPORTS AND COMMUNICATION

4.01 Records. The Red Cross Niagara shall maintain complete and accurate

accounts and records in connection with the provision of the Services including, without limitation, service hours, dispatch sheets and ridership numbers, health and safety matters, Incident reports, Customer complaints and regulatory compliance. The Red Cross Niagara shall make such records available at all reasonable times during business hours to The Town of Fort Erie or its authorized representatives to examine and/or take copies.

4.02 Monthly Reports. The Red Cross Niagara shall provide The Town of

Fort Erie with the information/reports on a quarterly basis as listed in Schedule “H” attached.

4.03 Meetings. Meetings shall be held as reasonably required and at the

request of either Party, but at a minimum, quarterly between representatives of both Parties to review and evaluate the Services and where appropriate to determine necessary adjustments to enhance performance or productivity.

4.04 Communication. Each Party shall ensure that it immediately

communicates to the other any material changes or facts of which may impact on the provision of the Services or the performance by either Party of its obligations under this Agreement.

SECTION 5 INDEMINITY, LIMITATION AND INSURANCE

5.01 Indemnification.

Each Party hereby agrees to indemnify and save harmless the other and their respective officers, directors, employees and agents for any claims, demands, costs, expenses or liabilities (including legal fees) arising out of, from or in connection with the breach or non-performance by them or their respective officers, directors, employees and agents of their respective obligations under this Agreement, subject to the limitations set forth in Section 5.02;

5.02 Limitation of Liability. In no event shall either Party be liable to the

other for any indirect, special or consequential damages including loss of revenue, arising from or in connection with the breach, non-performance or termination of this Agreement or any of the rights or obligations hereunder.

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5.03 Insurance. During the Term of this Agreement, and any extension thereof, The Red Cross Niagara shall maintain in full force and effect the following insurance coverage:

(a) Commercial General Liability policy covering all Services as

described in this Agreement. The policy will be extended to include bodily injury and property damage, personal and advertising injury, blanket contractual to a limit of not less than ten million dollars ($10,000,000) per occurrence. The policy shall be endorsed to include The Town of Fort Erie as an additional insured.

(b) Non-owned Automobile Policy to a limit of no less than two million

dollars ($2,000,000

(c) Standard Automobile Policy as required under the Vehicle Lease Agreement. All policies of insurance shall: (i) be written with an insurer licensed to do business in Ontario; (ii) be non-contributing with, and will apply only as primary and not excess to any other insurance or self-insurance available to The Town of Fort Erie; and (iii) contain an undertaking by the insurers to notify The Town of Fort Erie in writing not less than thirty (30) days before any material change, cancellation, lapse, amendment restricting coverage or termination of the policies. Before the commencement of any activities hereunder, The Red Cross Niagara shall provide to The Town of Fort Erie a Certificate of Insurance authorized by the insurer evidencing the above policies. The Town of Fort Erie reserves the right to request a certified copy of the above-mentioned policies.

SECTION 6 TERM AND TERMINATION

6.01 Term. Unless sooner terminated pursuant to Article 6.02 below, the

Services shall commence July 2, 2007 (the “Commencement Date”) and shall continue thereafter for an initial term of two (2) years (the “Term”). Upon expiry of the initial Term, this Agreement shall automatically renew for a further Term of two years on the same terms and conditions unless either Party shall have delivered written notice to the other Party no less

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than ninety (90) days prior to the expiry of the initial Term wherein it elects not to extend or renew this Agreement.

6.02 Termination.

(a) The Party in respect of which such an event has not occurred shall have the right to terminate this Agreement on the happening of any of the following events:

(i) The Red Cross Niagara fails or is unable to provide the Services in accordance with the requirements set forth in Section 2, “Provision of Services” or meet the “Performance Standards” as set out in Schedule “I” and does not correct or remedy such failure within 10 days after being requested to do so in writing by The Town of Fort Erie.

(ii) The Town of Fort Erie fails to pay the Services Fees due

hereunder to The Red Cross Niagara within 10 days following the date the same are due and payable.

(iii) A Party fails to observe or perform any other of the terms,

covenants or conditions of this Agreement to be observed or performed by such Party provided a Party first gives the other 30 days prior written notice of the same, setting forth in detail such breach, and the Party in breach fails to commence diligently and thereafter to proceed diligently and continuously to cure any such failure. In the event such breach cannot be remedied within such 30 day period, such period to remedy shall be extended so as long as the Party who breached the same is diligently attempting to remedy such a breach; provided that in any event, such breach must have been remedied within 60 days of receipt of notice of breach.

6.03 Obligations Upon Termination and Expiry. The following provisions

shall take effect upon the occurrence of an event of termination set forth above or on the expiry of this Agreement (subject to any contrary agreement made between the Parties):

(a) such termination shall not release a Party from its obligations to make payments due to the date of termination;

(b) the rights and obligations of indemnification and confidentiality

and the limitation of liability contained in Sections 5 and 7 of this Agreement shall survive and continue to bind and or enure to the benefit of the Parties;

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(c) the Parties shall immediately return to each other all property in their possession or control which belongs to the other

SECTION 7 CONFIDENTIALITY

7.01 Confidentiality. Each of the Parties hereto mutually undertakes with

each other that, subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act or unless consent to such use or disclosure is provided, it will not during the continuance of this Agreement or at any time thereafter;

(a) itself use, other than in accordance with and for the purposes of this Agreement; (b) divulge or communicate to any person;

any confidential information relating to the other Party or any personal information relating to an employee or representative of the other Party which it may have received or obtained in the performance of its obligations or privileges hereunder provided that this restriction shall cease to apply to information which is or may hereafter come into the public domain otherwise than by breach of this Agreement. Each Party shall adopt such measures as are reasonably required to prevent the unauthorized use or disclosure of such confidential information.

7.02 Communication. The Red Cross Niagara shall not make any public disclosure, announcement, press release or publication of any kind, in any form or manner whatsoever, in relation to this Agreement or the Services provided hereunder, without the prior written consent of The Town of Fort Erie.

SECTION 8 FORCE MAJEURE

8.01 Force Majeure. Neither Party shall be responsible to the other for the non-performance of or for delay in performance occasioned by any cause beyond its control, including, acts of civil or military authority, embargoes, acts of God, delay of suppliers or inability to obtain or shortages of materials or supplies but, for greater certainty, the shortage of funds by a Party thereto, thereby preventing it from discharging its obligations

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hereunder shall be deemed to be a cause within its control. During the period of such delay, The Town of Fort Erie shall have the right to source the Services elsewhere. The Town of Fort Erie and The Red Cross Niagara, acting reasonably and in good faith, shall jointly decide whether any such situation is likely to continue for a period exceeding ninety (90) days and if so then either Party shall have the right to terminate this Agreement. .

SECTION 9 DISPUTE RESOLUTION

9:01 Dispute Resolution. The Parties agree to make every reasonable effort to resolve any disputes arising from this Agreement by negotiations between them. If a dispute occurs between the Parties concerning any matter governed by the Agreement, the manager or designate of the Party raising the dispute shall advise the manager or designate of the other Party in writing, and the two managers or designates shall work together and use all reasonable efforts to resolve the dispute. If the managers of their designates are unable to resolve the dispute informally within five (5) business days of it being referred to them, the dispute shall be forwarded in writing to the Town Clerk or his/her designate of The Town of Fort Erie and the Regional Director of The Red Cross Niagara. Using direct communications, the Town Clerk or his/her designate for The Town of Fort Erie and the Regional Director for The Red Cross Niagara will have 15 business days from the matter being referred to them to resolve the dispute. If the Town Clerk or his/her designate for The Town of Fort Erie and the Regional Director for The Red Cross Niagara do not resolve the dispute, the dispute may, with the consent of both Parties, be referred to and finally resolved by arbitration under the Arbitration Act, 1991, S.O. 1991, c. 17 as amended. The place of arbitration will be The Town of Fort Erie in the Province of Ontario

SECTION 10

AMENDMENTS 10.01 Amendments to Agreement. This Agreement may only be amended with the mutual written consent of the Parties.

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SECTION 11 ASSIGNMENT

11.01 Assignment. This Agreement shall not be assignable by The Red Cross Niagara without prior written consent of The Town of Fort Erie; but nothing herein contained shall prevent The Town of Fort Erie from assigning, pledging, mortgaging, transferring or otherwise disposing, either in whole or in part, of The Town of Fort Erie’s right hereunder.

SECTION 12

WAIVER 12. 01 Waiver. The waiver by either Party of any breach or violation of any provision of this Agreement shall not operate, or be construed, as a waiver of any subsequent or similar breach or violation of it.

SECTION 13 CURRENCY

13.01 Currency. Unless otherwise specifically provided in this agreement, all references to dollar amounts or other money amount are expressed in terms of lawful money of Canada.

SECTION 14 RELATIONSHIP OF PARTIES

14.01 Relationship of the Parties. This Agreement shall not be construed in any way as a legal partnership or joint venture between the Parties. Each Party remains solely liable for the acts and omissions of its representatives, delegates, staff and volunteers.

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IN WITNESS WHEREOF the Parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf. SIGNED SEALED AND DELIVERED The Canadian Red Cross – Red Cross Niagara PER: Per:______________________________________ Name: Per:_______________________________________ Name: We have authority to bind the Corporation THE TOWN OF FORT ERIE Per:______________________________________ Name: Douglas Martin, Mayor Per:_______________________________________ Name: Carolyn Kett, Town Clerk We have authority to bind the Corporation

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Schedule “A” – Rules and Operating Procedures

The Town of Fort Erie Specialized Transit Service

Rules and Operating Procedures Index Introduction 19 Eligibility 19 Using the Service 20 Service Standards and Fares 22 Customer Accompaniment 23 Wheelchairs, Scooters and Walkers 24 Customer Safety 25 Suspension of Service 26 Appeals Process – Eligibility or Suspension 28 Customer Service 29

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INTRODUCTION The specialized transit service of The Town of Fort Erie is considered a shared ride service. Other Customers may be on board during your trip to your destination. Your route of travel may be altered so another Customer can be accommodated. The vehicle may stop and pick up other Riders as it travels to your destination. Shared rides lower the cost of the specialized service by increasing productivity. The Fort Erie Accessible Specialized Transit (FAST) is under no obligation to accommodate a Customer’s personal vehicle preference. The service is only for those Customers who are approved by the Eligibility Committee. A Customer may be accompanied by a Companion, Personal Care Attendant and/or Service Animal. ELIGIBILITY Since the Fort Erie Accessible Specialized Transit (FAST) Service is a service with limited resources it is necessary to have a clear definition of who is eligible to use the service. As such the following eligibility criterion has been approved. Eligibility Criterion:

The Fort Erie Accessible Specialized Transit (FAST) provides curb-to-curb transportation intended for persons with a disability and/or persons who would be unable to board a conventional transit vehicle, or walk a distance of 175 metres (approximately 600 feet).

In order to be eligible for the FAST Service, all users must first submit an application form, which will be reviewed by the Eligibility Committee against the approved Eligibility Criteria. If the Eligibility Committee approves your application, you will then become eligible to book trips on the FAST Service. Elderly persons or Dialysis patients may be eligible for this specialized service provided they meet the Eligibility Criteria. People who are permanently disabled and are eligible for the FAST Service receive a permanent registration. However, others who may only need the FAST Service during a period of rehabilitation may submit an application and if approved, be registered on a temporary basis for a specific period of time at which point their registration and eligibility will end. An extension may be granted pending a re-application.

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USING THE SERVICE Once your eligibility has been approved you may book a trip with the Dispatcher. Bookings are offered on a first come, first serve basis. There are two kinds of trip bookings that can be made. a) Subscription/Pre-booked

These are regular trips that occur at the same time of day, on the same day, for a minimum, of at least six weeks. Examples of this type of trip are dialysis, therapy appointments, or any appointment that repeats each week on the same day at the same time.

b) Reservations

These are trips not taken regularly and require an advance booking of two (2) Business Days.

Trip Making 1) Booking a Trip When booking trip a Customer shall:

* Book the trip at least two (2) Business Days in advance; * Advise the Dispatcher of their registration number. The Dispatcher

will confirm the information on file with the caller; * Advise the Dispatcher of the day (date), and their appointment time; * Advise the Dispatcher of the address (home address) where they are

to be picked up and the address of their Drop-Off Point; * Customers are not allowed to make any changes to their destination

or pick-up times while in transit; * Customers wishing a return trip must book it at the same time and

ensure that shelter and telephone access is available at the pick up point in case the vehicle is delayed;

* Where required Customers must also ensure that there is someone to

meet them at their destinations;

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* Advise the Dispatcher if they will be travelling with an attendant or service animal to their destination and on their return trip.

2) Return Trip If a customer is visiting a doctor or medical facility, you (the customer) must advise the facility’s office of the time of your return trip to take you home. The co-operation of the doctor or the facility will help the service stay on time. 3) Confirmation of Trips The Dispatcher will call a Customer who has a trip booked by 3:00 p.m. on the day before the trip is to be made. If a Customer has not been called he/she should confirm their trip by calling the FAST office during business hours Monday to Friday. 4) Travelling on the Vehicle On the day of their ride, Customers are required to:

* make a note of their confirmed pick up time and be available at least 15 minutes before the arrival of the vehicle at a designated accessible egress or entrance. An accessible building entrance/egress door is defined as a door for the pick up or drop off that does not require the negotiation of:

• any steps in cases where a Customer uses a motorized

wheelchair or scooter; • not more than two (2) steps when a Customer uses a

manual wheelchair;

• not more than five (5) steps in cases where a Customer is ambulatory;

• be available at the designated accessible entrance when

the vehicle arrives.

Customers must note that a vehicle has a number of pick ups and drop offs and if it is kept waiting everyone else will be late for their appointments. Since the vehicle will only wait for 5 minutes Customers who are not available at the confirmed time and place, will automatically be counted as a no-show and charged for the missed trip. Although every effort will be made to provide another trip for an additional fare, FAST Service cannot make any guarantees.

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5) Other a) When travelling on the FAST Service Riders shall: * wear their seat belts unless medically excused;

* take on the vehicle only those items that they can control while being transported and if the Customer is in a wheelchair or scooter the items shall not interfere with the securing of these Mobility Aids;

NOTE: DRIVERS MAY ASSIST YOU WITH THE ABOVE

ITEMS BUT THEY ARE NOT REQUIRED TO DO SO. * not bring on the vehicle any Hazardous Items;

* ensure that all containers of alcohol in their possession are sealed; * refrain from smoking; * refrain from giving gifts or gratuities to the drivers; * be sure they have sufficient medication or supplies in case of a delay.

b) Customers are required to notify the Dispatcher of any changes to:

* their address or telephone number; * their emergency contact person;

* the size or type of the Mobility Aid (wheelchair, scooter or walker) SERVICE STANDARDS AND FARES

• FAST Service will endeavour to minimize the Riders travel time to every extent possible. However, Riders may be required to be on a vehicle for a period of up to 45 minutes.

1) Days and Hours of Operation The FAST Service will operate Monday to Fridays, at times to be established by The Town of Fort Erie. There is no service on the following Statutory Holidays; New Year’s Day; Good Friday; Victoria Day; Canada Day; Civic Holiday; Thanksgiving Day; Christmas Day, Boxing Day, and Labour Day. 2) Fares

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The fare for the FAST Service is as per Schedule “E” 3) Pre-Payment of Fares Customers are required to pre-pay a minimum of 10 one-way trips ($20.00) in advance. Pre-payments may be made by cheque, VISA or cash otherwise trip bookings will not be accepted. Customers may make payment to the driver by cheque or cash placed in a sealed envelope with the Client Name and I.D. number printed on the envelope. VISA payments may be accepted by a FAST Dispatcher by telephone. Once a cheque/ VISA payment has been received, the FAST Dispatcher will issue a $20 Fare Ticket that must be shown to the driver when boarding the bus. The driver will then punch out a ride equalling $2.00 each time a boarding is made. N.S.F. cheques will result in the Customer being charged the N.S.F. cost plus a $20.00 administrative fee. Failure to pay will result in the Customers eligibility being suspended until the account is paid in full. CUSTOMER ACCOMPANIMENT 1) Personal Care Attendant A Personal Care Attendant (“PCA”) is a person (18) years of age or over who accompanies a Customer who is unable to travel on the service by themselves. The PCA is required to be capable of providing the Customer with care and assistance beyond what the driver is required to provide. A PCA is not required to pay a fare. The need for a PCA must be identified on the application form. In the event it is not noted on the application form and if a series of incidents occur that indicate a PCA should be present or the Eligibility Committee deems it necessary during the review of the application form, then FAST may direct that the Customer may only use the service when accompanied by a PCA. If a Customer is identified as needing a PCA to ride the vehicle and a driver arrives to pick up the Customer and he/she is not accompanied by a PCA or the PCA is not qualified (e.g. too young) then the driver will not board the Customer. The driver will immediately radio dispatch for instructions. Children under 18 will not accompany an eligible Customer. 2) Companions

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A Customer is allowed to be accompanied by a Companion (1) when travelling on the vehicle. A Companion is not a Customer of the service and not considered a PCA and therefore must pay a fare. A Customer travelling with a Companion must have the required fare deducted from their prepaid ticket. A Customer travelling with a Companion is required to have the trip booked to ensure seating is available. 3) Children Children under 18 years of age are not allowed to travel on the FAST service unless they are a Customer and travelling with a Companion or a PCA. To apply to use the FAST service, children must meet one of the following criteria:

• the child is 8 years old or older • the child weighs 46 kg (80lbs.) or more

• the child is 145 cm (4 feet 9 inches) tall

If a child does not meet one of the above criteria they are not eligible to use the specialized service. 4) Service Animals Every effort will be made to accommodate service animals that are needed to assist Customers with visual, hearing or physical disabilities, provided the Customer advises the Dispatcher at the time they are booking their trip. The need for such animals must be identified on their application form. Customers may be required to provide verification or certification that the animal is required. Animals that proved to be a health or safety risk will not be allowed to travel on board the vehicle. WHEELCHAIRS, SCOOTERS and WALKERS Customers of the FAST Service are encouraged to use wheelchairs/scooters that comply with CSA Standard Z-604 Transportable Mobility Aids when travelling on the vehicle to optimize safety for all Customers. Wheelchairs and scooters that do not comply with CSA Standard Z-604 will be transported. However, these wheelchairs and scooters are required to meet the following specific size, weight and safety guidelines.

* The combined weight of the wheelchair/scooter and Customer shall not exceed 362 kg. (800 lbs.).

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* The maximum base dimensions for wheelchairs, scooters shall not

exceed 76 x 127 cms. (30 x 50 inches). * All wheelchairs shall be equipped with “Attendant Handles”. * Wheelchairs and scooters shall have functioning brakes. * Flags or other projections are not permitted.

Rear securement belts shall be securely fastened to the frames of scooters. To avoid damage, scooters that are not compliant with CEA Standard Z-604 may require the installation of attachment points to facilitate this requirement. Because of the unstable nature of scooters, Customers using scooters will be required to move from the scooter to the vehicle seat and secure themselves in with the seatbelt. CUSTOMER SAFETY 1) Restraints/Seat Belts The Town of Fort Erie is committed to the safety of every Customer using the FAST Service. Customers that use wheelchairs or scooters are required to agree to the use of a wheelchair/scooter restraint systems that complies with CSA Standard Z-605 Mobility Aid Securement and Occupational Restraint System (MASOR) while travelling in the vehicle or transfer to a vehicle seat for the safest trip possible. The correct use of a wheelchair/scooter securement and Customer restraint system is mandatory and a condition of use while travelling on the vehicles. 2) Customers Using Walkers If you are not in a wheelchair, you are required to use the seatbelts provided in the vehicle. 3) Medical Seatbelt Exemption If a Customer using the FAST Service is unable to use the recommended restraint system (seatbelt) while travelling on the vehicles, the Customer is required to provide The Town of Fort Erie with a written letter of exemption completed and signed by a qualified medical or health practitioner who is familiar with the Customer’s case.

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4) Eligible due to Physical Disability and Combined with Cognitive Disabilities.

Customers who have a cognitive disability or who are unable to communicate and meet the eligibility criteria are required to travel with a Personal Care Attendant. The attendant must be 18 years of age or older, be able to communicate with the Customer and be capable of providing the Customer with care and assistance beyond what the driver is required to provide. A PCA attendant is not required to pay a fare provided the requirement for a PCA is noted on the Customers registration file. SUSPENSION OF SERVICE The intent of the following is NOT to be punitive but to install a sense of accountability and discipline within the Customers of the specialized service. In the interest of safety for all Customers and employees of The Town of Fort Erie and The Red Cross Niagara; and to ensure that the Service isn’t misused; and that Customers can be confident they will arrive at their appointments on time; the Service will not tolerate behaviour that endangers the safety of other Riders, the driver, or the efficiency of the service. Customers may have their eligibility suspended for any of the following reasons: a) Pattern of No-Shows and Late Cancellations Late Cancellations (less than two hours notice) and No-Shows adversely affect the ability of the FAST Service to meet the demands of the Customers. These occurrences consume scarce resources and have the potential to cause significant service delays or deny other Customers badly needed trips. The intent of these procedures is to reduce the number of Late Cancellations and No-Shows, which will optimize the Service availability for all Customers. Customers not at their scheduled pick-up locations are considered no-shows and if they have a return trip booked it will be automatically cancelled FAST Customers will be allowed three preventable no-shows or late cancellations (less than 2 hours notice) in a rolling 90-day period. FAST Service will contact Customers after two (2) such occurrences and advise them of their status and the change needed to return to zero occurrences (90 days with no occurrences). After the third occurrence FAST Service will send out a written warning. After the fourth (4) no show or late cancellation in 90 days, a Customer is subject to a suspension for a 30 day period.

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Customers who feel that they have been unjustly “charged” with a no-show or late cancellation may take advantage of the “Appeals Process”. The “Appeals Process” is detailed later in this document. Late cancellations and no-shows are recorded on a single one way trip basis. It is important for Customers to be ready 15 minutes prior to their pick-up time. Drivers cannot wait any more than 5 minutes before having to proceed to their next pick-up point. b) Dangerous Behaviour and Physical Abuse Dangerous behaviour is defined as any threat or action that could cause direct or indirect physical damage to the vehicle or harm to the other Customers or to themselves. A few examples would be a refusal to remain seated, or refusing to wear a seatbelt. Physical abuse is defined as a behaviour or action that may cause direct or indirect physical harm to a Customer or driver. The penalty for a proven incident (s) of dangerous/unsafe behaviour or physical abuse will be immediate suspension. The range of the suspension may be from a 30 day temporary to a permanent suspension from the FAST Service. A Customer who feels they have been unjustly charged may appeal their suspension through the “Appeals Process”. c) Verbal Abuse Verbal abuse is defined as any oral presentation that is offensive to a Customer or driver. The penalty for a proven incident (s) of verbal abuse will result in a penalty ranging from a warning letter to a temporary suspension. In the case where, due to a cognitive disorder, a Customer is unable to control their arms and legs, which in turn results in them thrashing about or uses inappropriate language, then a PCA will be required to travel with the Customer. d) Personal Hygiene Customers travelling on the FAST Service are expected to maintain normal standards of hygiene. Customers, who wear soiled clothing that results in odours that are offensive and give rise to complaints from other Customers or the driver, will be advised of the complaint in writing and requested to rectify the situation.

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Should the problem persists a penalty will result ranging from a written warning to a suspension of service until the situation is rectified. APPEALS PROCESS –Eligibility or Suspension All applicants determined to be ineligible for the Fort Erie Accessible Specialized Transit Service (FAST) by the “Eligibility Committee” or Customer’s ineligible for the Service due to a suspension for any of the reasons listed under “Suspension of Service” have access to the “Appeals Process”. If an applicant has submitted an application for the FAST Service and has been deemed to be ineligible for the Service or has been deemed to be eligible based on a specific condition (an example would be a situation where they would only be eligible during the winter) a letter will be mailed explaining the reason (s) for the denial or the conditional eligibility and advising them of the procedure to follow if they wish to appeal the decision. All requests for an appeal must be received in writing within 30 days of the issuance date of the notification of ineligibility or suspension. The Appeals Committee is comprised of at least three (3) representatives. In addition there will be transit representation, and if it is deemed necessary and if available, a social service representative and/or medical/health professional familiar with the applicant’s type of disability. When an appeal is received, the Appeals Committee will review the appeal, and issue a decision as soon as possible. The appellant may appear in person, and have a representative with him/her, or, a representative may attend in place of the appellant. If a Customer’s eligibility is under suspension and he/she has appealed the suspension, the Customer may continue to use the FAST Service until the appeal has been heard and a decision rendered. However, in the event the suspension is due to dangerous behaviour or physical/verbal abuse no service will be provided to the Customer until the suspension has expired or the suspension is overturned by the Appeals Committee. In all cases the Appeal Process will be concluded as expeditiously as possible. If not concluded within 30 days the applicant or the Customer will be considered temporarily eligible until the Appeal Process has been concluded. The Appeals Committee decision will be by majority with all members of the Appeals Committee in attendance having a vote. The decision will be final upon mailing of the written determination.

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CUTOMER SERVICE Customer feedback is an integral process in improving and growing the system. Comments or complaints may be made directly to The Red Cross Niagara/ FAST office by phone or email through the Town of Fort Erie web Site. For the Customer’s convenience all vehicles are equipped with an “Accessible Courtesy Card” which can be used if a Customer prefers. Customer input is important in providing a safe and reliable municipal specialized transit service. It is requested that complaints be submitted in a written format whenever possible. If a written document is a hardship then please call in your complaint. If you do have a complaint to make, either in writing or by phone, please submit your complaint within five (5) Business Days to ensure an appropriate and timely response. For serious problems please contact the Red Cross Niagara / FAST office immediately. When making commendations or complaint Customers are requested to provide the following information:

a) Customer’s name.

b) Customer’s address and telephone number.

c) Date and time of the occurrence/problem.

d) Place or where incident happened.

e) Name and phone number of any witnesses if applicable.

f) Scheduled pick-up time.

g) Vehicle Number.

h) Any other important details that help to describe the occurrence or problem.

Please note that commendations are shared with the drivers while complaints are handled in the strictest of confidence.

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SCHEDULE “B” – Revenue Service Schedule

This schedule describes the service design for the initial implementation of the FAST Service and provides the required detail for service scheduling and other implementation activities. Please note that this is an initial service design that can change over the Term of the Agreement based on Customer demand and available operating budget, etc. Hours of Operation FAST Service hours will be at the discretion of The Town of Fort Erie. Service is from Monday to Friday only and there is no service on Statutory Holidays (or days recognized as Statutory Holidays). Service Design

• The schedule has been based on 8 hour days, five (5) per week. It is expected that it will be a 40 hour work week but The Red Cross Niagara has complete schedule flexibility in how they will meet the Service requirement.

Charters, Promotional and Other Events Should The Town of Fort Erie operate charters, promotional or other events then The Red Cross Niagara will supply a vehicle (s) owned by The Town of Fort Erie and where possible the driver as specified by FAST Service. Charter services, promotional or other events shall not interfere with, or jeopardize, the provision of Revenue Service unless authorized by FAST Service. FAST Service shall endeavour to provide a minimum of two (2) days notice prior to the operation of these events. Where Red Cross Niagara drivers are operating and attending the vehicles, The Red Cross Niagara will be compensated at the Revenues Service hour rate identified in the payment schedule up to eight hours. Where Red Cross Niagara drivers are operating or attending the vehicles past the eight hours Red Cross Niagara will be compensated at the Revenue Service hour rate plus one-half the current driver’s hourly rate per the wage agreement in place at the time. The Red Cross Niagara on behalf of The Town of Fort Erie is expected to participate in Emergency Management Preparedness activities including, but not limited to, supporting field exercises, and providing drivers, and The Town of Fort Erie vehicles for disaster drills. Any vehicle driver used for disaster drills shall be compensated for at the Revenue Service hourly rate.

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SCHEDULE “C” – Fleet of Vehicles For the provision of the FAST service, The Red Cross Niagara will provide two (2) vehicles, which are to be transferred to The Red Cross’ ownership by the Non Profit Mobile Services Corporation of Fort Erie before the Commencement Date of July 2, 2007 as follows:

1. 2004 GMC Savana VIN#1GTGG29V241248397 2. 2001 FORD Econoline VIN#1FBSS31L91HB54033

The Town of Fort Erie will lease one (1) accessible van to The Red Cross Niagara to carry out the services outlined in this Agreement after such time as the vehicle can be put into service.

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SCHEDULE “D” - Wheelchair/ Scooter Securement It is important that all Riders and all Mobility Aids be properly secured by the driver before performing the requested trip. All Riders must wear their seatbelts unless they have a medical seatbelt exemption. If a Rider refuses, the driver is to advise the Dispatcher who will follow up with the Rider to determine why he/she does not or cannot wear the restraining system. The driver is not to begin the trip until the issue is resolved and is also to note such refusal on the driver’s Daily Schedule Run Sheet. Wheelchairs use a four point restraint system utilizing four restraining belts, two in the front and two in the rear of the wheelchair. All wheelchairs are secured in the forward facing position only. If the driver is unable to do so, the driver is to advise the Dispatcher who will undertake to make alternative Customer trip accommodation. The driver is not to transport that Customer. The Dispatcher will follow up with the Customer at a later date but before the next trip to review the Mobility Aid and vehicle accommodation requirements for future scheduling purposes. The purpose of the wheelchair securement system is to ensure the wheelchair cannot move/shift in any direction while the vehicle is moving. The use of the “Lap” belt is to secure the Customer to the Mobility Aid. It is attached to the rear of the restraining belts so that in the event of a collision, the Customer is secured to the wheelchair which in turn is secured to the floor of the vehicle. Wheelchair Securement Position the wheelchair forward facing centering the wheelchair with the anchoring points or between the floor tracks/pockets to allow for proper securement. The wheelchair brakes must now be applied or in the case of an electric wheelchair, ensure the power is off. Secure the front two belts to the frame of the wheelchair. Keep the belts straight and the excess belt material off the floor. Proper application requires the belts to be secured at a forty-five (45) degree angle. Attach the rear two belts by connecting the hooks to the solid frame of the wheelchair at a forty-five (45) degree angle. Belts should be placed as close to the seat of the wheelchair as possible. Keep the excess belt off the floor. Tighten the rear belts. Check that the wheelchair is tightly secured and that there is no movement back and forth or sideways. The lap belt is then placed around the Customer passing between the gap in the side panel of the wheelchair and the seat. Connect the loose ends of the belt to the appropriate connectors on the rear securement belts. The lap belt should not be held

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SCHEDULE “D” - Wheelchair/ Scooter Securement - Continued away from the Customers’ body by the wheelchair components or a wheelchair tray. Adjust the belt until comfortably snug. Some wheelchairs may need the use of “O” rings to secure the belts. The “O” ring is double knotted around a frame part of the wheelchair. Use them if required. If a Customer has the ability to transfer from his/her wheelchair to a seat in the bus, the wheelchair must be secured using the four point floor securement. The Customer must use the seatbelt provided. Upper torso belts must be used when the vehicle is equipped with them. The upper torso belt may either come as par of a lap belt or be a separate belt which then needs to be attached to the pin of the lap belt. Belts should be snug but not cause a Customer any discomfort. Scooters Customers boarding in a scooter must transfer from the scooter to an ambulatory seat in the van and used the seatbelt provided. The scooter must be secured with the entire Mobility Aid securement system. Postural Belts Postural belts are provided as a safety feature to those Customers who exhibit poor upper body strength and cannot hold themselves upright in their wheelchair such that when traveling the movement of the vehicle (stopping and starting) may affect their physical safety. All wheelchair customers must be offered the use of a postural belt. If a Customer refuses their use the driver is note the refusal on his/her Daily Schedule Run Sheet.

• When securing a postural belt, the driver should stand to the side of the Customer and explain to the Customer in advance what he/she is about to do. Do not reach over the Customer to secure the belt. Secure the belt around the Customer’s midsection and back support of the wheelchair. The buckle should be secured at the Customers’ side. At the end of the trip, release the belt to its full extension.

For Customers in an electric wheelchair, the driver must make sure that all power is off prior to securing the chair. The driver is also to ensure that no power is on until all securement belts have been released and moved away from the chair to allow for a safe exit of the vehicle

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SCHEDULE “E” – Fare Schedule The “Fare Structure” is approved by The Town of Fort Erie and is subject to change with notice provided. The one-way fare for a person travelling on the Fort Erie Accessible Specialized Transit (FAST) Service is $2.00. Once a cheque as been received, the FAST Dispatcher will issue a $20 Fare Ticket that must be shown to the driver when boarding the bus. The driver will then punch out a ride equalling $2.00 each time a boarding is made.

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SCHEDULE “F” – Accidents/Incidents - Reporting 1.0) A motor vehicle Accident is defined as any time a vehicle owned by The Town of Fort Erie and leased to The Red Cross Niagara comes into contact with anything other than the tires to the road and that causes bodily harm or is struck by an object regardless of the amount of damage if any. 1.1) An Incident is defined as any unusual occurrence other than an Accident that has the potential for legal action against The Town of Fort Erie. Events such as when a customer falls within or while being escorted to and from the vehicle which may or not result in apparent personal injury to the Customer shall be considered an “Incident”. 1.2) In all cases of Accidents involving The Town of Fort Erie’s vehicles and equipment the following action as a minimum shall be taken immediately: a) the dispatcher shall be notified immediately and be advised if there are any injuries on board and if medical assistance is required; b) the dispatcher will immediately notify the police regardless of the amount of damage except where the accidents occurs on Town property and does not involve bodily injury of a third party;

c) the Dispatcher will immediately notify the Transit Administrator or his/her designate;

d) copies of the Police Report will be sent to the Transit Administrator or his/her designate.

1.3) In all cases of an Incident the driver will fill out and submit an “incident report” which must be submitted at the end of his/her shift. In all cases a driver shall gather as the names and phone numbers of as many witnesses to the event as possible.

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SCHEDULE “G” – Training The Red Cross Niagara will ensure that all drivers hired have had a criminal records check done and that they have a clean two-year driving record. The additional training and qualifications shall include but not be limited to the following:

• Secondary level education plus one (1) year of experience or an equivalent combination of education and experience;

• Must hold a valid Class F Ontario’s Driver’s License;

• Must have an excellent driving record with a demerit reduction of no more

than three (3) points;

• Must be available to drive as schedule;

• Must be able to provide a clean criminal records check;

• Experience working with the elderly, cognitively impaired and/or physically disabled individuals is an asset;

• Training in First Aid/Cardio Pulmonary Resuscitation (CPR) would be an

asset;

• Two work related references will be required and checked. The Red Cross Niagara is required to ensure that all drivers have had a training session that covers the Rule and Operating Procedures (Schedule “A”). In addition The Red Cross Niagara must ensure that all drivers have had the following six modules of the Ambassador Training Program (Canadian Urban Transit Association);

• Fundamentals • Communications • “Your Attention Please” (Public Announcement Skills) • Special Needs • Complaints or Opportunities • Difficult Situations • Stress • Review and passed the program before they are allowed to deliver the service.

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SCHEDULE “G” – Training continued

Note that “First Aid Training” for the drivers is not required. The training for the dispatchers will include but not be limited to the following:

• Customer Service – Module one (1) of the Ambassador Program

• Client Intake;

• CIMS or other computer software if required;

• Scheduling

• Rules and Operating procedures (Schedule “A”)

• Telephone Etiquette

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SCHEDULE “H” – Reports The following information will be provided to The Town of Fort Erie on a monthly basis: Total Registrants – wheelchair or scooter Total Registrants – ambulatory Total Registrants Requiring Personal Care Attendants. Total Registrants with Companions Total Ridership for Month (Separated by Wheelchair/Scooter, Ambulatory, PCA, and Companions) Total Registrants per Capita) Total Passengers per Capita Passengers per Vehicle Hour Number of No Shows Number of Late Cancellations Number of late Cancellations due to Vehicle Not Arriving on Time Number of Trips Turned Away (for any reason) Number of Complaints – NOTE all complaints must be copied to the Transit Administrator or his/her designate Number of Compliments Number of Wheelchair/Scooter Trips Number of Ambulatory Trip * Note that The Town of Fort Erie reserves the right to add additional reports or statistical analysis as required.

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SCHEDULE “I” – Performance Standards The Performance Standards detailed in this Schedule were developed to encourage the Service Provider to provide the highest quality of service and to protect The Town of Fort Erie’s assets and image. In the event the Service Provider does not meet the following performance standards, The Town of Fort Erie will require the Service Provider to immediately take all necessary action to meet the performance standard in question. Should the Service Provider not make the necessary changes or meet the standard required The Town of Fort Erie may terminate as provided under Section 6. 1) CVOR At any time during the Term of this Agreement The Town of Fort Erie may elect to have an audit done by the Ministry of Transportation on carrier operations of the Service Provider. The Service Provider is expected to maintain a CVOR carrier safety rating of “Excellent-audited”. 2) On Time Pick-Ups The Service Provider is expected to maintain a 95% on time arrival for pick-ups. Late pick-ups fall into two categories as follows: Excused Not Excused Accidents (other vehicles) Late Bus Operator Non-Preventable Bus Break-Down Bus Operator Error Road Construction Poor Dispatching Heavy Road Traffic Driver/Passenger Conflict Inclement Weather Vehicle Involve in Accident Power Lines Down Insufficient Drivers Route Deviations Due To Special Events Vandalism Malfunctioning Railroad Crossings On-Board Illness or Emergency Parades or Processions Excessive Passenger Load Lateness Due to Passenger Behaviour 3) Customer Complaints The number of substantiated customer complaints against the Service Provider shall not exceed 10 per 2,500 boardings (2,500 boardings per quarter). For the purposes

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SCHEDULE “I” - Performance Standards Continued of this clause, all complaints received relating to bus driver’s behaviour/attitude, dispatcher behaviour/attitude, schedule adherence and bus operator operation of the vehicle will be considered. Any driver receiving 10 substantiated customer complaints in a rolling six-month period will no longer pick up and drop off a Fort Erie Mobile Service customer. Any dispatcher receiving 10 substantiated customer complaints in a rolling six month period will no longer take calls for the Fort Erie Accessible Specialized Transit (FAST). 4) Accidents/Incidents Any driver involved in an accident, as defined under Section 1, where they are at fault and that causes bodily injury or death will no longer pick-up or drop-off a Fort Erie Accessible Specialized Transit (FAST) Service customer. Any driver involved in an accident, as defined under Section 1- Definitions, where the repair cost is greater than $2,500 will no longer pick-up or drop off a customer of the Fort Erie Accessible Specialized Transit (FAST) Service. Any driver involved in a substantiated incident, as defined under Section 1 – Definitions, causing bodily harm to a customer of the Fort Erie Accessible Specialized Transit (FAST) Service will no longer pick-up or drop-off a customer of the Fort Erie Accessible Specialized Transit (FAST). Since one of the vehicles will be owned by The Town of Fort Erie and leased to The Red Cross Niagara, any minor accidents (fender benders) where the driver is at fault can prove to be very costly and often reflect back on the driver’s skill and training. It is expected that any driver having three at fault accidents in a rolling 6 month period will no longer be allowed to drive a vehicle owned by The Town of Fort Erie until he/she has been given additional training. Should a minor accident occur within one (1) year of the additional training where the driver is at fault then the driver will no longer drive a vehicle owned by The Town of Fort Erie. 5) Customer Satisfaction Survey The Town of Fort Erie in conjunction with the Service Provider shall conduct a “Customer Satisfaction Survey” annually to determine the customer satisfaction with the performance of the Service Provider. 5) Customer Satisfaction Survey - continued

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SCHEDULE “I” - Performance Standards - continued The Service Provider shall achieve an overall customer satisfaction rating of at least 70% on this survey, (percentage of passengers rating the service “satisfactory” or better) for those service attributes deemed to be under the Service providers control which may include, but not be limited to bus driver behaviour/attitude, dispatcher behaviour/attitude, bus drivers operations of the vehicle, schedule adherence, and finally customer service. 6) Drivers Abstracts The Service Provider is as a minimum to obtain drivers abstracts for those driving the vehicles on a six month basis. The Town of Fort Erie may request The Red Cross Niagara to obtain drivers abstracts or a specific drivers abstract at any time.

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SCHEDULE “J” – Budget Breakdown

THE RED CROSS NIAGARA Budget Breakdown

2007/08 Direct Operating Wages and Benefits $93,883 Central Agency $20,000 Total Direct $113,883 Annual Service Hours 4160 Hourly Rate $27.38 *Overhead - Annual Budget Items Staff Training $ 1,200 Licences $ 80 Staff Travel $ 1,500 Office Expense $ 15,000 Uniform Costs $ 1,600 Software $ 2,000 Insurance $ 5,000 Contingency $ 5,000 Total Overhead $29,880 Total 2007-2008 Budget $143,763 *Items to be billed to The Region of Niagara as expense incurred

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