Appendix 3

Contract for Total Mobility assessment

• Appendix 3 (PDF, 46KB)

Contents

Definitions

1. Who can be an assessment facilitator

2. Conflicts of interest

3. Assessment facilitator's responsibilities

4. Council's responsibilities

5. Resolution of disputes

6. Contract term and termination

The _____________________________ Council provides discounted taxi travel for people with disabilities through funding and administering the Total Mobility scheme.

The funds for these discounts are drawn from the regional transport rate paid by ratepayers and from Land Transport NZ funds. The Council is accountable for the proper use of these funds.

The Council makes the Total Mobility scheme available to eligible users through a number of agencies and transport operators and relies on those agencies and transport operators to ensure that the conditions for participation and use are observed.

The Council is required to ensure that the scheme is used effectively and efficiently for the benefit of the greatest number of eligible users and that opportunities for abuse by any of the parties are minimised. The Council believes that understanding and acceptance of these conditions by all participants in the scheme is essential.

Definitions

Assessment facilitator
means an individual within an agency, or an independent individual, who has the knowledge and training to assess whether a person with an impairment is eligible for Total Mobility

Assessment agency
means an organisation catering for people with impairments that has been approved by the Council to issue Total Mobility trips

Transport operator
means any approved taxi operator or approved small passenger service vehicle operator providing an on-demand door-to-door service that is available to the public generally and is registered with __________________, and approved by the Council for the provision of Total Mobility services

Total Mobility client
means a person with an impairment who has been assessed as eligible to use the Total Mobility scheme

1. Who can be an assessment facilitator

An assessment facilitator must be one of the following:

1. an individual who meets the conditions and obligations of this contract
2. an individual operating under the auspices of an assessment agency (the agency) that meets the conditions and obligations of this contract
3. a licensed doctor of medicine who meets the conditions and obligation of this contract

provided that the individual or agency is not excluded by conflicts of interest (see clause 2 below).

2. Conflicts of interest

1. Some conflicts of interest are generic and preclude an individual from being an assessment facilitator for Total Mobility, eg:
   1. the person is also a Total Mobility transport operator
   2. the person has a role with another agency that provides funding for transport for people with disabilities (eg ACC, Ministry of Health, district health board).
2. Some conflicts of interest are specific to certain prospective Total Mobility clients (the client). In these cases, the assessment facilitator cannot undertake assessments for people affected by the conflict of interest, eg:
   1. an agency that has power of attorney (or similar) for its clients cannot also be the Total Mobility assessment facilitator for these clients
   2. a Total Mobility assessment facilitator cannot assess clients who are immediate family
   3. a Total Mobility assessment facilitator should avoid assessing clients where others are likely to perceive a conflict of interest.
3. Some potential conflicts of interest should be managed carefully. For example, if a provider of residential care is also the Total Mobility assessment facilitator for Total Mobility clients who reside with them, then:
   1. each client should have a choice of assessment facilitators, including independent assessment facilitators who do not work for the provider of the residential care; and
   2. the provider of residential care must take care to never use Total Mobility trips for travel for which they are contractually responsible.

3. Assessment facilitator's responsibilities

The assessment facilitator will ensure the following:

1. The following eligibility criteria for Total Mobility will be applied:
   1. An eligible person must have an impairment that prevents them from undertaking any one or more of the following five components of a journey unaccompanied, on a bus, train or ferry in a safe and dignified manner:
   2. 1 Getting to the place from where the transport departs
   3. 2 Getting on to the transport
   4. 3 Riding securely
   5. 4 Getting off the transport
   6. 5 Getting to the destination.
2. The following guiding principles, as specified in the Handbook for assessment facilitators, will be abided by:
   • the dignity of the client will always be respected
   • an uncomplicated commonsense approach will be taken
   • information will only be sought if it is directly relevant
   • work will be in accordance with the New Zealand Disability Strategy
   • the importance of Total Mobility in providing independence, freedom and opportunity to its users will be recognised.
3. All phase 1 and phase 2 improvements will be implemented, except any improvements specifically excluded by Land Transport NZ.
4. Requirements regarding training will be met, ie:
   1. initial training (note that this training must be completed prior to undertaking any assessments); and
   2. ongoing training through attendance at an annual training workshop or as otherwise specified by the Council.
5. Records of every Total Mobility assessment undertaken will be provided to the Council, regardless of the outcome.
6. Records and documents relating to Total Mobility assessments will be made available upon request to enable the Council to undertake audits of Total Mobility assessments.
7. The assessment facilitator will, subject to availability, be willing to undertake assessments for prospective clients with:
   1. Physical impairment
   2. Psychological impairment
   3. Neurological impairment
   4. Intellectual impairment
   5. Sensory impairment
   6. Other

4. Council's responsibilities

The Council will ensure the following:

1. The following eligibility criteria for Total Mobility will be accepted:
   • An eligible person must have an impairment that prevents them from undertaking any one or more of the following five components of a journey unaccompanied, on a bus, train or ferry in a safe and dignified manner:
   • 1. Getting to the place from where the transport departs
   • 2. Getting on to the transport
   • 3. Riding securely
   • 4. Getting off the transport
   • 5. Getting to the destination.
2. The following guiding principles, as specified in the Handbook for assessment facilitators, will be abided by:
   • the dignity of the client will always be respected
   • an uncomplicated commonsense approach will be taken
   • information will only be sought if it is directly relevant
   • work will be in accordance with the New Zealand Disability Strategy
   • the importance of Total Mobility in providing independence, freedom and opportunity to its users will be recognised.
3. All phase 1 and phase 2 improvements will be implemented, except any improvements specifically excluded by Land Transport NZ.
4. Training for assessment facilitators will be provided, ie:
   1. initial training for new assessment facilitators, to be offered at least once per year or as otherwise specified
   2. ongoing training workshops, offered at least once per year or as otherwise specified

5. Resolution of disputes

At the Council's discretion.

6. Contract term and termination

1. The contract will commence once the agreement is signed by the parties thereto, and will continue for a term of __ years from that date unless earlier terminated in accordance with this section.
2. The assessment facilitator may terminate the contract by giving the Council ___ days' notice in writing of its intention to do so. In that case, the contract will terminate upon completion of the notice period.
3. The Council may terminate this contract on giving ___ days' notice to the assessment facilitator if one of the following occurs:
   1. the funding source that the Council has to provide this service is withdrawn or is no longer available
   2. the assessment facilitator, without good cause, fails to comply with any of the requirements of the contract, and such failure is not remedied within five working days of the Council giving notice to the organisation
   3. the assessment facilitator is the subject of repeated and continuing complaints relating to the performance of services.