HomeMy WebLinkAboutR16-094 Adopting EC Title VI Plan - Transportation Services Commissioner 0. p -. -{(-tom w,ymoved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION No. 2016- 014
RESOLUTION ADOPTING THE EAGLE COUNTY TITLE VI PLAN RELATEI) TO
TRANSPORTATION PLANNING, IMPROVEMENTS
AND TRANSPORTATION SERVICES
WHEREAS, Eagle County is the recipient of federal funds, including Federal Transit
Administration ("FTA") funds, which are administered or directed to Eagle County through the
Colorado Department of Transportation("CDOT"); and
WHEREAS, compliance with Title VI of the Civil Rights Act of 1964 is a condition of
receipt of federal funds, including FTA funds; and
WHEREAS, the Eagle County Board of Commissioners (hereinafter the"Board") desires
to formally adopt Title VI Plan as it relates to transportation planning, transportation
improvements and transportation services; and
WHEREAS, the Board desires to appoint Jeff Wetzel, ECO Transit Operations Manager,
as the County's Title VI Coordinator for transportation related services; and
NOW,THEREFORE,be it resolved by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT, the Board hereby adopts the Eagle County Title VI Plan related to Transportation
Planning, Improvements and Transportation Services, which is attached hereto and incorporated herein as
Exhibit A(the"Plan").
THAT, the Board hereby appoints Jeff Wetzel, ECO Transit Operations Manager, to serve as the
County's Title VI Coordinator for transportation related services.
THAT, the Board,having the authority, in its sole discretion, may revise, modify, replace
and readopt the Plan from time to time.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado.
BY:
age Cou:gty Attorney's Office.
By: .Y.
Eagle County Commissioners.' Office
MOVED, READ and ADOPTED by the Board of County commissioners of the County
of Eagle, State of Colorado, at its regular meeting held the Obi T day of AJOV O fi, 2016.
of "
re + t UNTY OF EAGLE, STATE OF
h 1. LORADO,by and Through Its•
ATTEST:
* , ~ JARD OF COUNTY COMMISSIONERS
Q _° .ADD /2 - -t,.
,. By:
Teak J. Simonton anne McQueene
Clerk to the Board of hai an
County Commissioners I g4,,(--
a y Chiller-Henry
Commissioner
,,,Zr
an H. Ryan
Commissioner
Commissioner 11—y/p.,,_, seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner McQueeney .
Commissioner Chandler-Henry
Commissioner Ryan .
This Resolution passed by3/d vote of the Board of County Commissioners of the County of
Eagle, State of Colorado.
Exhibit A (Page 1 of 42)
County of Eagle,
State of Colorado
Title VI Plan
Related to
Transportation Planning, Improvements, and Transportation Services
Submitted by the County
of Eagle, State of
Colorado by and
through its
Board of County Commissioners
Updated to meet Circular 4702.1 B
"Title VI Requirements and Guidelines for Federal Transit Administration Recipients"
Revisions & Additions Endorsed and Approved
the day of , 2016 by
Eagle County, Colorado, by and through its
Board of County Commissioners
Submitted to the:
CDOT Civil Rights & Business Resource Center
4201 East Arkansas Avenue, Room 150
Denver, CO 80222
2016
Exhibit A (Page 2 of 42)
RECIPIENT INFORMATION
RECIPIENT: Eagle County, Colorado
Eagle County Board of County Commissioners
Rural Transit Agency(population under 200,000)
This submission is an UPDATE and conforms to FTA Circular 4702.1B
SUBMITTAL DATE: , 2016
EXPIRATION YEAR: 2019
CONTACT INFORMATION:
Jeff Wetzel, Title VI Coordinator
ECO Transit Department
Eagle County, Colorado
500 Broadway
P.O. Box 850 Eagle, CO
81631
jeff.wetzela,eaglecounty.us
Phone: 970-328-3557
Fax: 970-328-3539
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 3 of 42)
TABLE OF CONTENTS
P�4
I. PROVISION OF TITLE VI ASSURANCES 4
II. TITLE VI COMPLIANCE HISTORY 5
III. INCORPORATION OF THE PROGRAM 6
IV. GENERAL GUIDELINES/REQUIREMENTS 9
a. Annual Certification and Assurance 9
b. Complaint Procedures 9
c. Record Title VI Activities 9
d. Access for LEP Persons 9
e. Public Notification 10
f. Additional Information 10
g. Timely Submission 10
h. Environmental Analysis of Construction Projects 11
i. Public Participation 11
APPENDIX A—Title VI Clause Re: All Contracts Subject To Title VI 12
APPENDIX B —Title VI Clause Re: Real Property Transactions 14
APPENDIX C —Title VI Clause Re: Federally Funded Real Property 16
Transactions/Improvements
APPENDIX D - Public Notice of Rights / Complaint Process 18
APPENDIX E — Record Title VI Activities 25
APPENDIX F — Plan for Promoting Inclusive Public Participation 26
APPENDIX G — Eagle County's Limited English Proficiency Plan 27
APPENDIX H — Eagle County's Policies and Procedures for Public Transportation 32
APPENDIX I — Demographics of non-elected commissions & committees 38
APPENDIX J —Service Standards and Service Policies for Fixed Route service 40
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 4 of 42)
PROVISION OF TITLE VI ASSURANCES
EAGLE COUNTY, COLORADO ("Eagle County") hereby certifies that, as a condition of
receiving Federal financial assistance from the Department of Transportation under the
Urban Mass Transportation Act of 1964, as amended, it will ensure that:
a. EAGLE COUNTY shall submit on an annual basis, their Title VI Assurance,
as part of their annual Certification and Assurance submission to the FTA.
b. No person, on the basis of race, color, or national origin, will be subjected to
discrimination in the level and quality of transportation services and transit-
related benefits.
c. EAGLE COUNTY will compile, maintain, and submit in a timely manner,
Title VI information required by FTA Circular 4702.1B and in compliance with
the Department of Transportation's Title VI Regulation, 49 CFR, Part 21.7.
II. EAGLE COUNTY will make it known to the public that those persons or persons
alleging discrimination on the basis of race, color, or national origin as it relates to
the provision of transportation services and transit-related benefits may file a
complaint with the Federal Transit Administration, and/or the U.S. Department of
Transportation, and/or the Colorado Department of Transportation.
III. TITLE VI COMPLIANCE HISTORY
a. During the course of the last three (3) years, there have not been any
lawsuits or complaints received related to Title VI. Currently, there are no
outstanding lawsuits or complaints naming EAGLE COUNTY which allege
discrimination on the basis of race, color or national origin with respect to
transit service or other transit benefits.
b. Currently EAGLE COUNTY is applying for Section 5311 & 5339 federal
financial assistance funding through the Colorado Department of
Transportation as a sub-recipient of FTA pass-through assistance funds.!
c. During the course of the last three (3) years, there have not been any civil
rights compliance review activities conducted with respect to EAGLE
COUNTY and, to the best of our knowledge, there are not presently any
ongoing civil rights compliance review activities being conducted with respect
to EAGLE COUNTY.
d. Eagle County has not constructed a transit facility within the last three (3)
years. There are currently no pending construction projects which would
negatively impact minority communities being performed by EAGLE
COUNTY.
e. Eagle County has not in the last three (3) years and currently does not
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page S of 42)
have any sub-recipient grantees that have been passed through federal
financial assistance funds by EAGLE COUNTY.
IV. INCORPORATION OF THE PROGRAM
Eagle County, Colorado (hereinafter referred to as "EAGLE COUNTY" or "Recipient")
hereby agrees that, as a condition to receiving any Federal financial assistance from the
Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the "Act"), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
"Regulations"), and other pertinent directives. No person in the United States shall, on the
grounds of race, color or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for
which the Recipient receives Federal financial assistance from the Department of
Transportation, including the Federal Transit Administration, and HEREBY GIVES
ASSURANCE THAT it will promptly take any measures necessary to effectuate this
agreement. This assurance is required by subsection 21.7(a) of the Regulations.
More specifically, and without limiting the above general assurance, the Recipient hereby
gives the following specific assurances with respect to its Federal Transit Administration
program:
a. That the Recipient agrees that each "program" and each "facility", as defined
in subsections 21.23(e) and 21.23(b) of the Regulations will be (with regard
to a "program") conducted, or will be (with regard to a "facility") operated, in
compliance with all requirements imposed by, or pursuant to, the
Regulations.
b. That the Recipient shall insert the following notification in all solicitations for
bids for work or material subject to the Regulations and made in connection
with all Federal Transit Administration programs and in adapted form in all
proposals or negotiated agreements:
EAGLE COUNTY, in accordance with Title VI of the Civil Rights Act of
1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation issued pursuant to such Act, hereby notifies all
bidders/proposers that it will affirmatively insure that in any contract entered
into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to the invitation and will
not be discriminated against on the grounds of race, color, or national origin
in consideration for an award.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 6 of 42)
c. That the Recipient shall insert the clauses contained herein as
APPENDIX A in every contract subject to this Act and the Regulations.
d. That the Recipient shall insert the clauses contained herein as
APPENDIX B, as a covenant running with the land, in any deed from the
United States affecting a transfer of real property, structures, or
improvements thereon, or interest herein.
e. That where the Recipient receives Federal financial assistance to construct a
facility, or part of a facility, the assurance shall extend to the entire facility
and facilities operated in connection therewith.
f. That where the Recipient receives Federal financial assistance in the form,
or for the acquisition of real property or an interest in real property, the
assurance shall extend to rights to space on, over or under such property.
g. That the Recipient shall include the appropriate clauses contained herein as
APPENDIX C, as a covenant running with the land, in any future deeds,
leases, permits, licenses, and similar agreements entered into by the
Recipient with other parties: (a) for the subsequent transfer of real property
acquired or improved under Federal Transit Administration programs; and (b)
for the construction or use of, or access to, space on, over, or under real
property acquired, or improved under Federal Administration programs.
h. That this assurance obligates the Recipient for the period during which
Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements
thereon, in which case the assurance obligates the Recipient or any
transferee for the longer of the following periods: (a) the period duringjwhich
the property is used for a purpose for which the Federal financial assistance
is extended, or for another purpose involving the provision of similar services
or benefits; or (b) the period during which the Recipient retains ownership or
possession of the property.
The Recipient shall provide for such methods of administration for the
programs as are found by the Secretary of Transportation or the official to
whom he/she delegates specific authority to give reasonable guarantee that
it, other interest, and other participants of Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the
Act, the Regulations and this assurance.
j. The Recipient agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the
Regulations, and this assurance.
k. The Recipient assures that the level and quality of transit service and related
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 7 of 42)
benefits are provided in a manner consistent with Title VI of the Civil Rights
Act of 1964.
THESE ASSURANCES are given in consideration of, and for the purpose of, obtaining
any and all Federal grants, loans, contracts, property, discounts or other Federal financial
assistance extended after the date hereof to the recipient by the Department of
Transportation under the Federal Administration and is binding on it, other recipients,
subgrantees, contractors, subcontractors, transferees, successors in interest and other
participants in the Federal Transit Administration programs.
The person(s)whose signature appears below, are authorized to sign these assurances
on behalf of the grant applicant, recipient, or sub-recipient.
Date: earcifiAil
Jeanne Mcoo• eney, Chair, Eagle
County Boars of County
Commissioners, County of Eagle,
State of Colorado
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 8 of 42)
V. GENERAL GUIDELINES/REQUIREMENTS
a. Annual Certification and Assurance
As stated in Section I, EAGLE COUNTY shall submit annually, their Title VI
assurance, as part of their annual Certification and Assurance submission to the
FTA and/or CDOT.
b. Complaint Procedures
In compliance with 49 CFR Section 21.9(b), EAGLE COUNTY has developed
procedures for investigating and tracking Title VI complaints filed against them.
Such procedures shall be made available to the public upon request. EAGLE
COUNTY complaint procedures and complaint form are contained herein as
APPENDIX D.
c. Record Title VI Activities
In compliance with 49 CFR Section 21.9(b), EAGLE shall prepare and maintain a list
of any active investigations conducted by entities other than the FTA, lawsuits, or
complaints naming EAGLE COUNTY that allege discrimination on the basis of race,
color, or nation origin. Such list shall include:
1) Date the investigation, lawsuit, or complaint was filed;
2) Summary of the allegation(s);
3) The status of the investigation, lawsuit, or complaint; and
4) Actions taken by the EAGLE COUNTY in response to the
investigation, lawsuit, or complaint.
Eagle County's Record Title VI Activities are set forth herein as
APPENDIX E.
d. Access for LEP Persons
EAGLE COUNTY shall take steps to ensure meaningful access to the benefits,
services, information, and other important portions of their programs and activities
for individuals who are Limited English Proficient (LEP). EAGLE COUNTY will
assist persons with limited English proficiency to participate in the transportation
planning process. EAGLE COUNTY staff will make every effort to provide
translators and document translation, where feasible, upon request. EAGLE
COUNTY's Limited English Proficiency(LEP) Plan is contained herein as
APPENDIX G.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 9 of 42)
e. Public Notification
In compliance with 49 CFT Section 21.9(d), EAGLE COUNTY shall provide
information to the public regarding their Title VI obligations and apprise members of
the public of the protections against discrimination afforded to them by the Title VI.
EAGLE COUNTY complaint procedures and public notification information are
contained herein as APPENDIX D.
f. Additional Information
EAGLE COUNTY acknowledges that, at the discretion of the FTA, information other
than that which is required by FTA C 4702.1B, may be requested in writing of
EAGLE COUNTY, to investigate complaints of discrimination or to resolve concerns
about possible noncompliance with Title VI.
g. Timely Submission
EAGLE COUNTY acknowledges that their Title VI submissions and/or updates
thereto, shall be supplied to their FTA Regional Office and/or CDOT once every
three (3) years. The submission shall include, but is not limited to:
1) A summary of public outreach and involvement activities undertaken
since the last submission and a description of steps taken to ensure
that minority and low-income people had meaningful access to these
activities;
2) EAGLE COUNTY's process for persons with limited English
proficiency(LEP) and EAGLE COUNTY's plan for Language
Assistance;
3) Title VI Complaint and Tracking procedures;
4) A list of any Title VI investigations, complaints or lawsuits filed since
the last submission; and
5) A copy of EAGLE COUNTY's public notice regarding Title VI
compliance and public access and instructions to EAGLE COUNTY
Title VI complaint procedures.
6) Service standards, service policies, and monitoring results.
Portions of the Plan which have not changed since the last submission will not be
resubmitted, however, EAGLE COUNTY shall include a statement to this effect in
lieu of copies of the original documents in order to eliminate redundancy in
resubmissions.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 10 of 42)
h. Environmental Analysis of Construction Proiects
EAGLE COUNTY shall integrate an environmental justice analysis into their
National Environmental Policy Act (NEPA) documentation of transit related
construction projects of which require NEPA. If a Categorical Exclusion (CE) is
performed, EAGLE COUNTY shall complete the FTA's standard CE check-list which
includes a section on community disruption and environmental justice. While
preparing an Environmental Assessment (EA) or Environmental Impact Statement
(EIS), EAGLE COUNTY shall integrate into their documents, the following:
1) A description of the low-income and minority population within the
study area affected by the project, and a discussion of the method
used to identify this population;
2) A discussion of all adverse effects that would affect the identified
minority and low-income population;
3) A discussion of all positive effects that would affect the identified
minority and low-income population;
4) A description of all mitigation and environmental enhancement actions
incorporated into the project to address the adverse effects, including,
but not limited to, any special features of the relocation program that
go beyond the requirements of the Uniform Relocation Act and
address adverse community effects such as separation or cohesion
issues, and the replacement of the community resources destroyed by
the project, if applicable;
5) A discussion of the remaining effects, if any, and why further
mitigation is not proposed; and
6) For projects that traverse predominantly minority and low-income',and
predominantly non-minority and non-low-income areas, a comparison
will be completed of mitigation and environmental enhancement
actions between the two stated areas. If there is no basis for such a
comparison, EAGLE COUNTY shall describe why this is so.
Public Participation
EAGLE COUNTY shall seek out and consider viewpoints of minority, low- income,
and LEP populations in the course of conducting public outreach and involvement
activities in regards to proposed transportation decisions. EAGLE COUNTY shall
make every effort to coordinate with individuals, institutions, or organizations and
implementing community-based public involvement strategies to reach out to
members in the affected minority and/or low-income communities. These
strategies may include the following practices:
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 11 of42)
1) Provision of opportunities for public participation through means other
than written communication, such as personal interviews or use of
audio or video recording devices to capture oral comments;
2) Utilization of locations, facilities and meeting times that are convenient
and accessible to low-income and minority communities;
3) Utilization of different meeting sizes or formats, or varying the type
and number of news media used to announce public participation
opportunities; and
4) Implementation of DOT's policy guidance regarding EAGLE
COUNTY's responsibilities to LEP persons.
Eagle County's Public Participation Plan is set forth herein as APPENDIX F.
The person(s)whose signature appears below, are authorized to sign these assurances
on behalf of the grant applicant, recipient, or sub-recipient.
Date: r�
Jeanne Queeney, Chair, Eagle
County Board of County
Commissioners, County of Eagle, State
of Colorado
2016 Eagle County, Colorado-Title VI Plan Submittal
II
Exhibit A (Page 12 of 42)
APPENDIX A- TITLE VI PLAN
(to be inserted into every contract subject to Title VI)
Eagle County, Colorado is herein referred to as "EAGLE COUNTY"
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1) Compliance with Regulations: The contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the
Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
2) Nondiscrimination: The contractor, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
3) Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation
made by the contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
4) Information and Reports: The contractor shall provide all information and
reports required by the Regulations or directives issued pursuant thereto,
and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by EAGLE COUNTY or
the FEDERAL TRANSIT ADMINISTRATION to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any
information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish this information the contractor shall so certify
to Eagle County, or the FEDERAL TRANSIT ADMINISTRATION as
appropriate, and shall set forth what efforts it has made to obtain the
information.
5) Sanctions for Noncompliance: In the event of the contractor's
noncompliance with nondiscrimination provision of this contract, the Eagle
County shall impose contract sanctions as it or the FEDERAL TRANSIT
ADMINISTRATION may determine to be appropriate, including but not limited
to:
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 13 of42)
a) Withholding of payments to the contractor under the contract until the
contractor complies; and/or
b) Cancellation, termination, or suspension of the contract, in whole or in part.
6) Incorporation of Provisions: The contractor shall include the
provisions of paragraphs (1 ) through (6) in every subcontract,
including procurements of materials and leases of equipment, unless
exempt by the Regulations, or directives issued pursuant
thereto. The contractor shall take such action with respect to
any subcontract or procurement as the EAGLE COUNTY or the
FEDERAL TRANSIT ADMINISTRATION may direct as a means of
enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved
in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request
the EAGLE COUNTY to enter into such litigation to protect the
interests of the EAGLE COU NTY, and, in addition, the contractor
may request the United States to enter into such litigation to protect
the interests of the United States.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 14 of 42)
APPENDIX B - TITLE VI PLAN
(to be inserted into real property transactions)
Eagle County, Colorado is herein referred to as "EAGLE COUNTY"
The following clauses shall be included in any and all deeds effecting or recording
the transfer of real property, structures or improvements thereon, or interest therein
from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the Department of Transportation, as authorized by Law,
and upon the condition that EAGLE COUNTY will accept title to the Lands and
maintain the project constructed thereon, in accordance with THE STATE OF
COLORADO, the Regulations for the Administration of PROGRAM and the policies
and procedures prescribed by FEDERAL TRANSIT ADMINISTRATION of the
Department of Transportation and, also in accordance with and in compliance
with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation (hereinafter referred to as the Regulations) pertaining to and
effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252;
42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey
unto EAGLE COUNTY all the right, title and interest of the Department of
Transportation in and to said lands described in Exhibit "A" attached hereto and
made a part hereof.
(HABENOUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto EAGLE COUNTY
and its successors forever, subject, however, to the covenants, conditions,
restrictions and reservations herein contained as follows, which will remain in
effect for the period during which the real property or structures are used for a
purpose for which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits and shall be
binding on EAGLE COUNTY, its successors and assigns.
EAGLE COUNTY, in consideration of the conveyance of said lands and interests
in lands, does hereby covenant and agree as a covenant running with the land
for itself, its successors and assigns, that (1) no person shall on the grounds
of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination with regard to any
facility located wholly or in part on, over or under such lands hereby [,] [and]*
(2) that EAGLE COUNTY shall use the lands and interest in lands and interests in
lands so conveyed, in compliance with all requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted
Programs of the Department of Transportation - Effectuation of Title VI of the
2016 Eagle County, Colorado-Title VI Plan Submittal
it
Exhibit A (Page 15 of42)
Civil Rights Act of 1964, and as said Regulations may be amended, and (3) that in
the event of breach of any of the above mentioned nondiscrimination conditions,
the Department shall have a right to re-enter said lands and facilities on said
land, and the above described land and facilities shall thereon revert to and
vest in and become the absolute property of the Department of Transporitation
and its assigns as such interest existed prior to this instruction. *
* Reverter clause and related language to be used only when it is determined that
such a clause is necessary in order to effectuate the purposes of Title VI of the Civil
Rights Act of 1964.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 16 of42)
APPENDIX C - TITLE VI PLAN
(to be inserted into Federally funded real property transactions or improvements)
Eagle County, Colorado is herein referred to as "EAGLE COUNTY"
The following clauses shall be included in all deeds, licenses, leases, permits, or
similar instruments entered into by the EAGLE COUNTY pursuant to the provisions
of Assurance 7(a).
The (grantee, licensee, lessee, permitee, etc., as appropriate) for herself/himself,
his/her heirs, personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree (in the case of
deeds and leases add "as a covenant running with the land") that in the event
facilities are constructed, maintained, or otherwise operated on the said property
described in this (deed, license, lease, permit, etc.) for a purpose for which a
Department of Transportation program or activity is extended or for another purpose
involving the provision of similar services or benefits, the (grantee, licensee Lessee,
permitee, etc.) shall maintain and operate such facilities and services in compliance
with all other requirements imposed pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination of Federally-Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants,
EAGLE COUNTY shall have the right to terminate the (license, lease, permit, etc.) and to
re-enter and repossess said (licenses, lease, permit, etc.) to re-enter and repossess
said land and facilities thereon, and hold the same as if said (license, lease, permit,
etc) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants
EAGLE COUNTY shall have the right to re-enter said lands and facilities thereon,
and the above described lands and facilities shall thereupon revert to and vest in
and become the absolute property of EAGLE COUNTY and its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar
agreements entered into by EAGLE COUNTY pursuant to the provisions of Assurance
7(b).
The (grantee, licensee, lessee, permitee, etc., as appropriate) for herself/himself,
his/her personal representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree (in case of deeds, and
leases add "as a covenant running with the land") that (1) no person on the ground
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 17 of 42)
of race, color, or national origin shall be excluded form participation in, be denied
the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over or under such
land and the furnishing services thereon, no person on the grounds of race, color, or
national origin shall be excluded from the participation in, be denied. the benefits of,
or be otherwise subjected to discrimination, and (3) that the (grantee, licensee,
lessee, permitee, etc.) shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.(Include in licenses, leases, permits, etc.)*
That in the event of breech of any of the above nondiscrimination covenants, EAGLE
COUNTY shall have the right to terminate the (license, lease, permit, etc.) and to re-
enter and repossess said land and the facilities as thereon, and hold the same as if
said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants,
EAGLE COUNTY shall have the right to re-enter said land and facilities thereon,
and the above described lands and facilities shall thereupon revert to and vest in
and become the absolute property of EAGLE COUNTY and its assigns.
* Reverter clause and related language to be used only when it is determined that
such a clause is necessary in order to effectuate the purpose of Title VI.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 18 of42)
APPENDIX D
TITLE VI PUBLIC NOTICE OF RIGHTS / COMPLAINT PROCESS
EAGLE COUNTY, COLORADO
Public Notice of Rights
The following statement shall be posted on site at the Eagle County Transit Division office,
Eagle County Transit Centers, on the Eagle County website
(www.eaglecountv.us/transit); permanently displayed on public transit vehicles; and other
appropriate materials made available to the public: (Documents will be translated into
languages other than English, upon request.)
Non-Discrimination - Your Rights Under Title VI of the Civil Rights Act of 1964
The United States Department of Transportation (DOT) ensures full compliance with
Title VI of the Civil Rights Act of 1964 by prohibiting discrimination against any
person on the basis of race, color or national origin in the provisions of benefits and
services resulting from federally assisted programs and activities. Any person, who
believes the County has violated his/her Title VI protections or would like additional
information regarding the statutes or about our Title VI Plan, should contact the
Eagle County Transit Division at 970-328-3557 or email
ieff.wetzel(c�eaq lecou nty.us.
Eagle County has also developed a policy to assist individuals who are Limited
English Proficient(LEP). Translation services, in order to assist LEP individuals,
shall be made available to Eagle County's public transportation customers upon
request. Eagle County's Title VI policy, complaint procedures and LEP Plan shall
be made available upon request by contacting the Eagle County Transit Division at
the above-noted information. For Federal Title VI information, please contact the
Federal Transit Administration (FTA), Region 8 at 720-963-3300. Federal Title'VI
information, including filing complaints, can also be accessed on the FTA web site
at: www.fta.dot.gov.
A single sentence will be provided in Spanish for people to request information in
Spanish.
In 2016 a notice to beneficiaries was included on every Eagle County bus stop sign. A
larger copy of the notice is included below.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 19 of 42)
Notifying the Public of Rights Under Title VI
EAGLE COUNTY, COLORADO
• Eagle County, Colorado operates its programs and services without regard to race,color,and national origin in
accordance with Title VI of the Civil Rights Act.Any person who believes she or he has been aggrieved by any unlawful
discriminatory practice under Title VI may file a complaint with Eagle County, Colorado.
• For more information on the Eagle County,Colorado's civil rights program, and the procedures to file a complaint,contact
970-328-3557;email jeff.wetzel(a)eaglecounty.us;or visit our administrative office at 3289 Cooley Mesa Rd Gypsum, CO 81637.
For more information,visit www.eaglecounty.us
• A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of
Civil Rights,Attention:Title VI Program Coordinator, East Building,5"'Floor-TCR, 1200 New Jersey Ave.,SE,Washington, DC
20590
• If information is needed in another language, contact 970-328-3557.
Title VI Information. Limited English Proficient (LEP) information and Complaint
Process (for printed materials. website• and other mediums upon request)
Eagle County grants all citizens equal access to all its public transportation
services. It is further the intent of Eagle County that all citizens are aware of their rights to
such access. This is designed to serve as an educational tool for citizens so that they
may understand the civil rights laws that protect them with respect to their use of Eagle
County's public transportation programs and services, specifically, as it relates to Title VI
of the Civil Rights Act of 1964.
What is Title VI?
Title VI is a section of the Civil Rights Act of 1964 requiring that "No person in the United
States shall on the grounds of race, color or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance." Note that Title VI does not address gender
discrimination. It only covers race, color, and national origin. Other Civil Rights laws
prohibit gender discrimination.
What is LEP?
As part of Title VI requirements, Eagle County has developed a Limited English
Proficiency (LEP) Plan to help identify reasonable steps to provide language assistance
for LEP persons seeking meaningful access to Eagle County services as required by
Executive Order 13166 "Improving Access to Services for Persons With Limited English
Proficiency," reprinted at 65 FR 50121 (August 16, 2000). A Limited English Proficiency
person is one who does not speak English as their primary language and who has a
limited ability to read, speak, write, or understand English.
Eagle County's Complaint and Investigation Procedures
Eagle County's Complaint and Investigation Procedures cover all complaints filed under
Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and
the Americans with Disabilities Act of 1990, for alleged discrimination in any program or
activity administered by Eagle County.
These procedures do not deny the right of the complainant to file formal complaints with
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 20 of 42)
other State or Federal agencies or to seek private counsel for complaints alleging
discrimination. Every effort will be made to obtain early resolution of complaints at the
lowest level possible. The option of informal mediation meeting(s) between the affected
parties and Eagle County may be utilized for resolution. Any individual, group of
individuals or entity that believes they have been subjected to discrimination prohibited
under Title VI and related statutes may file a complaint.
The following measures will be taken to resolve Title VI complaints:
1) A formal complaint must be filed within calendar 180 days of the alleged
occurrence. Complaints shall be in writing and signed by the individual or
his/her representative, and will include the complainant's name, address and
telephone number; name of alleged discriminating official, basis of complaint
(race, color, or national origin) and the date of alleged act(s). A statement
detailing the facts and circumstances of the alleged
discrimination must accompany all complaints.
Eagle County strongly encourages the use of the attached Eagle County Title VI
Complaint Form when filing official complaints.
The preferred method is to file your complaint in writing using the Eagle County
Title VI Complaint Form, and sending it to:
Title VI Coordinator
Eagle County Transit Division
500 Broadway
P.O. Box 850 Eagle, CO
81631
2) In the case where a complainant is unable or incapable of providing a written
statement, a verbal complaint of discrimination may be made to the Eagle
County Transit Division Title VI Coordinator. Under these circumstances, the
Complainant will be interviewed, and the EAGLE COUNTY Transit Division
Title VI Coordinator will assist the Complainant in converting the verbal
allegations to writing.
3) When a complaint is received, the Title VI Coordinator will review it to
determine if the County has jurisdiction. The Title VI Coordinator will
provide written acknowledgment to the Complainant, within ten (10)
calendar days by registered mail, informing the Complainant whether
the County has jurisdiction and whether the complaint will be
investigated.
4) The County has ninety (90) days to investigate a complaint. If a complaint is
deemed incomplete, additional information will be requested, and the
Complainant will be provided fifteen (15) calendar days to submit the
required information. The ninety-day investigation period will begin to run
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 21 of 42)
upon receipt of a complete complaint. Failure of the Complainant to provide
the requested information may be considered good cause for a
determination of no investigative merit, and the County can administratively
close the case. The County can also administratively close a case if the
Complainant no longer wishes to pursue the case.
5) Following investigation of a complete complaint, the EAGLE COUNTY
Transit Manager or his/her authorized designee will issue one of two letters
to the Complainant: a closure letter or a letter of finding (LOF).
a. A closure letter summarizes the allegations and states that there was
not a Title VI violation and that the case will be closed.
b. An LOF summarizes the allegations and the interviews regarding the
alleged incident which explains whether any disciplinary action,
additional training of the staff member, or other action will occur. If
the Complainant wishes to appeal the decision, she/he has ten (1 0)
calendar days from the date of the LOF to do so.
6) For Title VI claims of discrimination on the basis of race, color, or national
origin, a person may submit the complaint directly to the Federal Transit
Administration (FTA) at:
Federal Transit Administration
Region 8
Attn: Civil Rights Officer
12300 West Dakota Avenue
Suite 310
Lakewood, CO 80228
720-963-3300
Fax 720-963-3333
FTA Complaint procedures can also be found on the FTA web site at: www.fta.dot.gov.
These procedures are also outlined in FTA Circular 4702.1B, Chapter IX.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 22 of 42)
APPENDIX D (Continued)
TITLE VI PUBLIC NOTICE OF RIGHTS / COMPLAINT PROCESS/
COMPLAINT FORM
EAGLE COUNTY, COLORADO
Title VI
Complaint
Form
Instructions: If you would like to submit a Title VI complaint to Eagle County , please fill
out the form below and send it to: EAGLE COUNTY, Attn: Title VI Coordinator
Eagle County Transit Division, 500 Broadway, P.O. Box 850 Eagle, CO 81631.
For questions or a full copy of EAGLE COUNTY's Title VI policy and complaint
procedures call 970-328-3533
1. Name (Complainant):
2. Phone: 3. Home address (street no., city, state, zip):
4. If applicable, name of person(s)who allegedly discriminated against you:
5. Location and position of person(s) if known: 6. Date of incident:
7. Discrimination because of:
Race
National origin
Color
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 23 of 42)
8. Explain as briefly and clearly as possible what happened and how you believe you were
discriminated against. Indicate who was involved. Be sure to include how you feel other persons
were treated differently than you. Also, attach any written material pertaining to your case.
II
9. Why do you believe these events occurred?
10. What other information do you think is relevant to the investigation?
11. How can this/these issue(s) be resolved to your satisfaction?
12. Please list below any person(s) we may contact for additional information to support or
clarify your complaint (witnesses):
Name: Address: Phone number:
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 24 of 42)
13. Have you filed this complaint with any other federal, state, or local agency; or with any
federal or state court?
Yes No
If yes, check all that apply:
Federal agency Federal court State court
Local agency State agency
If filed at an agency and/or court, please provide information about a contact person at the
agency/court where the complaint was filed.
Agency/Court: Contact's Name: Address: Phone number:
Signature (Complainant): Date of filing:
In the case where a complainant is unable or incapable of providing a written statement, a
verbal complaint of discrimination may be made to the EAGLE COUNTY's Transit Division
Title VI Coordinator. Under these circumstances, the complainant will be interviewed, and
the EAGLE COUNTY Transit Division Title VI Coordinator will assist the Complainant in
converting the verbal allegations to writing. A translator will be provided for persons with
Limited English Proficiency to assist with the process.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 25 of 42)
APPENDIX E,
LIST OF TRANSIT-RELATED TITLE VI
INVESTIGATIONS, COMPLAINTS, AND
LAWSUITS
EAGLE COUNTY, COLORADO
Eagle County has prepared a list of any alleged discrimination on the basis of race, color, or
national origin. This includes active investigations conducted by FTA and entities other than
FTA, lawsuits; and complaints naming Eagle County.
The below list includes the date that the transit-related Title VI investigation, lawsuit, or
complaint was filed; a summary of the allegation(s); the status of the investigation, lawsuit, or
complaint; and actions taken by Eagle County in response, or final findings related to the
investigation, lawsuit, or complaint.
Date (Month, Summary Status Action(s)''Taken
Day, Year) (include basis of
complaint: race,
color, or national
origin)
Investigations
1. None None None None
2. None None None None
Lawsuits
1. None None None None
2. None None None None
Complaints
1. None None None None
2. None None None None
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 26 of 42)
APPENDIX F
PLAN FOR PROMOTING INCLUSIVE PUBLIC PARTICIPATION
EAGLE COUNTY, COLORADO
In consideration of Title VI, the Executive Order on LEP, and the DOT LEP guidance,
Eagle County has established a public participation process as relates to Transportation
Planning, Improvements, and Transportation Services which explicitly describes the
proactive strategies, procedures, and desired outcomes that underpin Eagle County's
public participation activities.
Eagle County has made efforts to determine how, when, and how often specific public
participation activities should take place, and which specific measures are most
appropriate. These determinations were based on a demographic analysis of the
populations affected, the type of service under consideration, and the resources that Eagle
County has available. Eagle County has made efforts to involve minority and LEP
populations in its public participation activities which include both comprehensive
measures as well as targeted measures. The comprehensive measures include placing
public notices at all transit stations, stops, and vehicles. The targeted measures include
proactive public outreach measures to address linguistic, institutional, cultural, economic,
historical, or other barriers that may prevent minority and LEP persons from effectively
participating in Eagle County's public participation activities.
Some of Eagle County's practices include:
• Posting all transit schedules, proposed transit schedules and public notices
electronically via the Eagle County website www.eaglecounty.us/transit
• Scheduling meetings at times and locations that are convenient and accessible for
minority and LEP communities. These times and locations include evenings after
typical work schedules end at readily-accessible locations such as the Avon Library
and the Vail Library.
• Coordinating with local educational institutions to implement public engagement
strategies for members of affected minority and/or LEP communities. This includes
setting up stations at the Eagle Valley High School, Battle Mountain High School
and Eagle County Building.
• Ads on radio stations that serve LEP populations. Eagle County has an agreement
with Always Mountain Time to regularly broadcast transit information.
Eagle County is committed to developing its programs and projects with public
participation and public comment before raising a fare or carrying out a major reduction in
transportation service. Eagle County's objectives include seeking out and considering the
needs and input of the general public, including interested parties and those traditionally
underserved by existing transportation systems, such as minority and LEP persons, who
may face challenges accessing employment and other services. Overall, Eagle County
strives to provide adequate notice of public participation activities, as well as early and
continuous opportunities for public review and comment at key decision points.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 27 of 42)
Summary of Outreach Efforts Made Since the Last Title VI Submission:
Since the last Title VI submission which occurred on September 9th 2011, some of Eagle
County's practices include:
• Identify agencies in our area that may serve LEP populations;
• Providing information on our services to them, as appropriate;
• Providing opportunities for LEP participation at public meetings, through advertising
and conduct of meetings, as appropriate.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 28 of 42)
APPENDIX G
LIMITED ENGLISH PROFICIENCY PLAN
EAGLE COUNTY, COLORADO
NOVEMBER, 2013
Updated October 1, 2016
I. INTRODUCTION
This Limited English Proficiency(LEP) Plan for Eagle County, Colorado has been developed in
response to federal requirements included under Section 601 of Title VI of the Civil Rights Act of
1964(42 U.S.C. 2000d), which provides that no person shall "on the grounds of race, color or
national origin be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance."
Federal Executive Order No. 13166, issued in August 2000 by President Clinton, "Improving
Access to Services for Persons with Limited English Proficiency," was created to "... improve
access to federally conducted and federally assisted programs and activities for persons who, as a
result of national origin, are limited in their English proficiency(LEP)..." President Bush affirmed his
commitment to Executive Order 13166 through a memorandum issued on October 25, 2001, by
Assistant Attorney General for Civil Rights, Ralph F. Boyd, Jr. and Acting Assistant Attorney
General, Loretta King directed a strengthening of enforcement of Title VI in a memorandum dated
July 10, 2009.
As a sub-recipient of funds from the Federal Transit Administration (FTA), through the Colorado
Department of Transportation (CDOT), this Limited English Proficiency(LEP) Plan for Eagle
County has been developed to ensure compliance with Federal LEP regulations. It includes an
assessment of the limited English proficiency needs of our area, an explanation of the steps we
are currently taking to address these needs, and the steps we plan to take in the future to ensure
meaningful access to our transit programs by persons with limited English proficiency.
II. POLICY
It is the policy of Eagle County to ensure that our programs and activities, normally provided in
English, are accessible to Limited English Proficiency(LEP) persons and thus do not discriminate
on the basis of national origin in violation of the Title VI prohibition against national origin
discrimination. Eagle County will, to the maximum extent feasible in its official deliberations and
communications, community outreach and related notifications, provide appropriate alternative
non-English formats for persons with LEP to access information and services provided.
III. LIMITED ENGLISH PROFIENCY NEEDS OF AREA
The Four-Factor Analysis developed by the FTA requires that information be included in LEP Plans
regarding the number and percentage of LEP persons in our area, and the nature, frequency and
importance of the contact we have with LEP persons in providing transit services. Each of these
elements is addressed in the following pages.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 29 of 42)
Factor 1. Number and Percentage of LEP Persons in Our Area
1. Permanent Population
The U.S. Census provides information to assist in estimating the number of limited
English speakers in the permanent population. Table 1 presents information for Eagle
County and Lake County on Language Spoken at Home by Ability to Speak English,
based on the 2010 Census.
TABLE 1 -Individuals Speaking English "Not Well" or "Not at All"
Eagle County Lake County
Data Category # I % I # I %
Total Population(5 years old&older) 50,699 100% 6,900 100%
Populaton Speaking English
"Not Well"or "Not at All" 8,069 15.9% 906 13.1%
Populaton Speaking English
"Not Well"or "Not at All"
Spanish 7,711 95.6% 906 100.0%
Other Indo-European 177 2.2% 0 0.0%
Asian and Pacific Islander 181 2.2% 0 0.0%
Other 0 0.0% 0 0.0%
Total 8,069 100% 906 100%
Source: U.S. Census American Community Survey 2010 survey,
population 5 years old and older, speaking another language in the home,
who speak English "Not well" or"Not at Alll."
Source:U.S.Census American Community Survey 2007-2011 estimates,population 5 years old
and older,speaking another language in the home,who speak English"Not well"or"Not at All."
Based on the Census data presented in Table 1, persons of limited English proficiency
represent 15.9% of the population of Eagle County and 13.1% of the population of Lake
County amongst persons who are at least 5 years of age.
Significant concentrations of non-English speakers are found in unincorporated areas of
Eagle County and Lake County. Each of these areas are served by Eagle County.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 30 of 42)
1. Visitor Population
In addition to a permanent population of non-English speakers or persons of limited
English proficiency, Eagle County is the destination for visitors from all over the world.
Since there is no specific data available, it is unknown to what extent the visitor population
is made up of LEP persons. However, the bus system is geared towards serving visitors to
the County, both LEP and non LEP.
2. Summary
Based on the research conducted in #1 and#2 above, provide a summary, answering the
following questions to the best of your ability.
a. Do LEP populations exist(5% or 1,000 individuals -whichever is less)
Yes.
b. What languages do they speak?
Mostly Spanish on the part of residents. Visitor population may be more
although much less is known about this segment of the population.
c. Where are concentrations of LEP persons in your service area?
Among resident population, concentrations in Eagle and Lake Counties.
Visitor population is concentrated in the ski resorts of Vail and Beaver Creek
which also provide short- and long-term housing.
Factors 2 & 3 Nature, Frequency and Importance of LEP Contact
1. Nature of Contact
What transit services do you provide?
Fixed route and ADA paratransit service operates in most areas of Eagle and Lake
Counties.
What types of contact do you have or could you have with LEP persons?
Daily contact with LEP persons occurs with drivers, Dispatch Supervisors and Eagle
County Management, including the Transit Operations Manager. Schedules and marketing
materials are in English and Spanish. Further information on bus services is available at
the County website (which is accessible in 72 languages), Eagle TV8, Eagle County
Community Television (SCTV), What's Happening in Eagle County and Let's Explore
Colorado. Public meetings and on-line surveys were held in 2012 as part of a Strategic
Planning Study and Comprehensive Operational Analysis.
2. Frequency of Contact
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 31 of 42)
What is the frequency of contact in terms of each of the above, in general, and
specifically with known or potential LEP populations in your service area?
Frequency of contact with: •
a. Drivers — Daily
b. Dispatch Supervisors —Weekly
c. Management—Varies
d. Schedules — Daily
e. Other marketing materials— Daily/weekly
f. County website — Daily
g. Eagle TV8 — Ongoing
h. Eagle County Community Television - Monthly
i. Transit studies —Varies but approximately every 6-7 years
3. Importance of Contact
How would you rate the importance of current contacts or potential contacts with LEP
individuals? Eagle County enjoys a high rate of utilization on the part of persons who
have limited English- speaking skills. For example, while such LEP persons represent
15.1% of the population in Eagle County and 13.9% in Lake County, they make up an
estimated 49% of the ridership.
Contact with this population is therefore very important, since it helps to ensure they have
access to transportation in getting to and from work, recreation, shopping, medical arid
all of the other activities for which people use public transit. Their high rate of transit
usage helps to ensure Eagle County is meeting the needs of a significant part of the
community.
Factor 4. Resources Available for LEP Outreach
What are the resources available for LEP outreach, as well as the costs associated with
that outreach?
The resources available to reach LEP persons, are generally the same as those used to
reach the community at-large. By far the most important resource are people, i.e., the
employees of Eagle County. Next would be various printed materials, especially the bus
schedules which are widely distributed throughout the County. Increasingly, potential
transit users rely upon high-tech means whether it be the County website and smart
phones equipped with the various apps which enable users to find out where and when to
catch a bus.
Less frequently, the County utilizes the services of outsider firms to perform specialized
tasks designed to improve ridership and operating efficiency through surveys and
technical analyses which help to identify unmet needs and how to make better use of
limited resources.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 32 of 42)
IV. LANGUAGE ASSISTANCE PLAN
Given what you've identified in ll and Ill above, what are your current processes and
plans for the future to address LEP needs?Are your existing efforts adequate? What
else needs to be done? How will you continue to monitor and respond to the needs Of
LEP persons in your area to make sure they have meaningful access to the services you
provide? Please consider the items below in developing a plan for the future.
A. How Will You Identify LEP Persons Who Need Language Assistance?
A number of methods will be employed. First, new housing and commercial
developments will continue to be monitored and evaluated for potential transit
demand.
Second, employment data at major employers such as ski resorts will be
monitored. Third, periodic census updates will be reviewed for certain changes in
the LEP population. Finally, transit staff meetings will periodically include an
agenda item discussing demographic changes in either ridership or population
characteristics that the transit system may need to address.
B. How Will You Identify Language Assistance Measures?
Since a very large portion of the Eagle County ridership is made up of LEP
persons, most if not all outreach efforts must reach this population, especially the
Hispanic population which is by far the most significant LEP population in the
County.
We currently have four employees (out of 70) who are conversant in Spanish or
another non-English language. In most instances, we have been able to translate
customer service calls coming into the Eagle County offices with these limited
resources. However, we have also found that most LEP callers (and riders) have
sufficient English skills to be able to communicate with our staff. Should this
change, we will consider utilizing a translation service such as Language Line and
AltaVista Babel Fish which provides phrase translation to or from multiple
languages.
C. How Will Your Staff Be Trained? •
All staff training emphasizes that we serve a community which has come to expect
a high degree of customer service, whether it be year-round residents or visitors.
LEP needs will be addressed in training for new hires as well as refresher
training.
D. What Will Be Your Outreach Efforts?
Outreach to under- and un-served areas of the County will be ongoing,
recognizing that scarce resources preclude serving every unmet need which is
identified. We will further reach out to local organizations serving LEP groups.
E. What Is Your Monitoring and Updating Plan?
We will periodically review our LEP efforts as part of our ongoing efforts to ensure
that Eagle County is meeting the needs of County residents and visitors. A part of
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 33 of 42)
this effort, previously discussed is monitoring changing trends in the County,
including development, demographic patterns and other changes. The monitoring
effort also includes tracking complaints and requests for service which provides
useful data on unmet needs in the County, or problems with existing services
which need to be addressed.
F. How Will You Disseminate Your LEP Plan?
The LEP will be posted on the link to the Eagle County service on the County
website. Agencies serving the local LEP will be identified of the plan and will be
provided by the Plan. The plan will be reviewed and approved by the Eagle
County Regional Transportation Authority Advisory Board.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 34 of 42)
APPENDIX H
Policies and Procedures for the Use of Eagle
County Public Transportation
Eagle County, Colorado
The following document is on public display, both in English and in Spanish translation, at
the Gypsum, Avon and Vail Transit Centers and summarized on the official Eagle County
website. Any revisions to the policy and procedure document are immediately updated
for public information in both languages.
General Use Policies
1. General Policy. Eagle County transit vehicles and facilities are provided by the
County for the benefit of the community, visitors, and the general public. All permissible
use of public transportation vehicles and facilities ("Eagle County Services") shall be
strictly limited to conduct consistency with the reasonable use and enjoyment of such
services and for their safe and reliable operation.
2. Use of Eagle County Services.
a. There are two types of fares for the use of basic Eagle County Services,
standard fares and premium fares. The standard fares correlate with public
transit services based within Eagle County. The premium fares correlate with
specialty services for local resorts and services that travel beyond the
boundaries of Eagle County, such as Lake County.
b. Use of Eagle County Services is available on a first-come, first-served basis
until capacity is reached. The buses cannot wait for incomplete boarding
parties.
c. The County reserves the right to impose user fees for Eagle County
Services when it is deemed that such action is necessary and in the
best interest of the County.
d. Use of Eagle County Services constitutes an acceptance of the terms
of use.
e. All users must wear shirts and shoes and display proper hygiene
as to not be overtly offensive to other passengers.
3. Standing Passengers. All standing passengers (whether adults or children)
must use the handrails or other stabilization devices provided on the vehicles in order to
stabilize themselves while the vehicle is in operation. Passengers are not permitted to
stand forward of the Standee Line per federal regulations. Passengers stand at their
own risk.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 35 of 42)
4. Children.
a. Riders age eight (8) and younger must be under the supervision of a
responsible adult at all times when using Eagle County Services.
b. Children must be removed from strollers while on the Eagle County transit
vehicles.
c. All children under the age of six (6) must be seated.
d. Diapers may not be changed aboard an Eagle County transit vehicle.
5. Strollers; Wagons.
a. Only collapsible strollers, wagons and similar child transport devices are
permitted on the Eagle County transit vehicles. Non-collapsible strollers,
wagons, and similar child transport devices are not permitted on the
Eagle County transit vehicles.
b. All strollers, wagons, and similar child transport devices shall be carried on
the Eagle County transit vehicles in their collapsed condition.
6. Bicycles, Skis, and Snowboards.
a. On a seasonal basis, Eagle County transit vehicles are equipped to carry
bicycles, skis, and snowboards both on the interior and exterior of the
vehicles on a first-come, first-served basis until capacity is reached.
b. Any rider traveling with a bicycle, skis, or snowboard must be able to load
without assistance.
c. Bicycles may not be brought on-board transit vehicles. If space is available,
skis and snowboards may be brought on-board. Use of the provided bicycle
rack is at the user's own risk.
7. Carry-On Items.
a. Eagle County transit vehicles do not have space specifically designed for
storage.
b. Riders may bring packages and groceries on-board transit vehicles if
space is available and if they maintain control of these items within their
immediate seating area.
c. Any rider traveling with carry-on items must be able to board without
assistance.
2016 Eagle County, Colorado-Title VI Plan Submittal
II
Exhibit A (Page 36 of 42)
d. Carry-on items must not interfere with passenger safety or obstruct
the aisles.
e. Portable music devices such as radios, iPods, etc. must not be
played at a volume that would disrupt the safe operation of the
transit vehicle or annoy other passengers. Transit riders are required to
use headphones for their radios or (Pods while on board a transit vehicle
as a courtesy to your fellow passengers.
f. No food or beverages may be consumed aboard an Eagle
County transit vehicle. Beverages should be transported in a spill
proof container. Eagle County may impose a total ban of all
beverage containers for special events and holidays. Notice will
be posted.
8. Hazardous Materials. Hazardous materials such as car batteries, explosives,
flammable liquids, firearms, or weapons (except as authorized by law) are prohibited on
Eagle County transit vehicles. Mention of any such materials is considered to be
threatening behavior and will not be tolerated. Any violation of this prohibition will result
in immediate notification of the appropriate law enforcement officials.
9. Animals. All animals are prohibited from Eagle County Services, subject to the
following limited exceptions:
a. Legitimate service animals under the control of a guest with a disability as
permitted by the ADA.
b. Small animals stored in an approved carrier under the control of a
responsible guest, at the discretion of the transit operator.
c. Any rider traveling with an animal may be expelled if the animal's behavior
compromises the safe operation of Eagle County Services or otherwise
poses a threat to the health, safety, and welfare of the public.
10. Smoking. Smoking is strictly prohibited while using Eagle County Services.
This includes inside the buses, inside transit facilities, and at bus stops. Outdoor smoking
areas may be provided, as designated by the County in the exercise of its sole discretion.
Electronic cigarette devices and Marijuana are included in the definition of smoking as
being prohibited.
11. Loitering. Remaining on board a public transit vehicle without a destination,
sleeping on-board a transit vehicle, or loitering at a public transit station or designated bus
stop is not permitted.
12. Disruptive Behavior. Loud, obnoxious behavior or the use of foul language is
not permitted aboard an Eagle County transit vehicle, at a designated public bus stop,,or
at a Public Transit Station. Disruptive passengers may be denied Eagle County Services
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 37 of 42)
at the discretion of the Transit Operator.
13. Flash Photography, Laser Pointers. Taking flash photographs or the use Of a
laser pointer while on board a transit vehicle is extremely dangerous and not permitted.
14. Alcohol; Illegal Drugs.
a. The consumption of alcohol is prohibited while using the Eagle County.
b. The possession of an open alcoholic beverage container is prohibited while
using the Eagle County.
c. No person may ride the Eagle County while he or she is visibly intoxicated
and not in control of their own person.
e. The possession, sale, or use of any illegal drug is prohibited while using
Eagle County Services.
f. Medical marijuana or Recreational marijuana may not be used on-board, at
designated bus stops, or at a Public Transit Station.
14. Fixed Route System. Eagle County is a fixed route public transportation
system. We are prohibited by federal law from making undesignated stops in which to
board or disembark passengers. All bus stops are hail stops. Eagle County complies
with all state and federal regulations for public transportation and is under the jurisdiction
of the Federal Transit Administration and Federal Motor Carrier Safety Regulations.
15. Emergencies. In the event of an unforeseen emergency, the Transit Operator
shall provide passengers with specific directions for evacuation and/or other necessary
actions. For your safety and that of our other passengers, you must comply with the
directions provided. Transit Operators are licensed Commercial Drivers and are provided
extensive training to meet federal regulations for safety.
16. Compliance with Use Policies. Eagle County reserves the right to deny
boarding or Eagle County Services to any person not complying with the "Use Policy and
Procedures" for the transit system. Refusal to comply with the directions of a Transit
Operator or Transit Supervisor and/or the hindering of the movement of public
transportation is punishable by Federal Law with up to 16 years in prison and up to
$750,000 in fines. Other state and local laws may also apply. Persons not following the
basic requirements for Use of the Eagle County Services will not be allowed to board or
will be told they must disembark. The Eagle County Transit System will notify law
enforcement officials of any misconduct involving Eagle County Services at its sole
discretion.
17. Audio & Video Surveillance. Eagle County's transit system has on-board camera
surveillance technology for the safety and security of our passengers. Each bus and
facility equipped with such technology shall have a notice posted.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 38 of 42)
18. Non-Discrimination. The County complies with Title VI of the Civil Rights Act of
1964. The level and quality of transportation service will be provided without regard to
race, color, or national origin in accordance with Title VI. The County also does not
discriminate based upon disability, religion, creed, sex, age, orientation, political ideology,
or any other similar factor. All Eagle County Services are provided with equal access to
all.
19. Accessibility. All Eagle County Services provided by The County shall meet
the standards of accessibility for persons with disabilities established by the Federal
Transit Administration pursuant to the Americans with Disabilities Act, 42 U.S.C. §12101,
et seq. (Public Law 101-336). Accessibility is provided along our fixed route system at
designated bus stops only. All mobility devices aboard an Eagle County transit vehicle
must be secured. Persons requiring point-to-point accessibility service may contact our
contracted service provider, Mountain Mobility, at (970) 389-1041 to arrange for that type
of ADA mobility service.
Notice
Any person who believes he/she or any specific class of persons is subjected to
discrimination prohibited by Title VI Civil Rights Act or the provisions of the Americans with
Disabilities Act may by him/herself or by a representative file a written complaint with
County and/or the Federal Transit Administration. All complaints will be promptly
investigated.
To request additional information on the County nondiscrimination obligations or the
Americans with Disabilities Act, contact:
Title VI Coordinator
Eagle County
500 Broadway
P.O. Box 850 Eagle, CO
81631
ieff.wetzek eaglecounty.us
Phone: 970-328-3557
Information in languages other than English will be provided as needed and will be
consistent with DOT LEP Guidance. Additionally, alternative formats, i.e. large print,
Braille, audio or video tapes of the use policies and procedures are available upon
request.
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 39 of 42)
APPENDIX
Demographics of non-elected Commissions & Committees
Board of County Commissioners
Eagle County Board of County Commissioners
Eagle County's transit system is governed by the Eagle County Board of County
Commissioners (BOCC). All policy decisions, service plans, and budget appropriations
must be approved by the BOCC, which is an elected body.
The Board of County Commissioners is made up of three elected representatives. The current
Commissioners are:
Jeanne McQueeney
Jill Ryan
Kathy Chandler-Henry
Eagle County Transit Board
The Eagle County Regional Transportation Authority Advisory Board ("Transit Board")
serves in an advisory capacity to the BOCC. The Transit Board meets quarterly,to make
recommendations to the BOCC regarding long- and short-term plans and strategies for the
provision of regional mass transportation and trails in and around Eagle County. The
Transit Board is appointed by the BOCC and is seated to provide broad
representation of the community. Members serve a three-year term. The Transit
Board serves without compensation on a volunteer basis.
Representation on the Transit Board is based on bylaws adopted by the BOCC
with representation from the towns, ski resorts and planning districts.
1. Town of Vail - Caucasian
2 Town of Minturn - Caucasian
3. Town of Redcliff- Caucasian
4. Town of Avon - Caucasian
5. Beaver Creek Resort Company - Caucasian
6. Town of Eagle - Caucasian
7. Town of Gypsum - Caucasian
8. Eagle County Government— Caucasian
9. Member at Large -Vacant
The demographics of the Transit Board are representative of the community make-up at
this time. It can be challenging in such a small community to get any participation for
commissions or committees. Each jurisdiction is responsible for
nominating a board member at which point the Board of
County Commissioners will approve the proposed member .
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 40 of 42)
APPENDIX J
II
Service Standards & Service Policies
for Fixed Route Service
No monitoring required — less than 200,000 population
and fewer than 50 vehicles in operation
Vehicle Load for Fixed Route Service
Eagle County currently has three (3) different models of transit coaches in its fleet.
Vehicle load can be expressed as the ratio of passengers to the total number of seats on a
vehicle.
Eagle County
Vehicle Load Standards
Average Passenger
Capacities
# of
Maximum units
Load in
Vehicle Type Seated Standing Total Factor Fleet
40' Transit Bus 38 20 76 2.0 28
35' Body on Chassis Bus 28 15 43 2.0 3
25' Body on Chassis Bus 18 5 23 1.9 2
The average of all loads during the peak operating period generally should not exceed
vehicles' achievable capacities, which is between 23 and 76 passengers.
When consistent loads meeting these standards appear on any route, the route will be
evaluated for increased service frequencies or other alternative strategies to meet the
transit demand.
Vehicle Headways for Fixed Route Service,
Vehicle headway is the amount of time between two vehicles traveling in the same
direction on a given line or combination of lines. A shorter headway corresponds to
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 41 of 42)
more frequent service. Vehicle headways are measured in minutes (e.g., every 30
minutes); service frequency is measured in vehicles per hour (e.g., two buses per hour).
Eagle County adjusts its service plan twice per year. The levels of transit demand vary
between winter and summer. The transit service therefore ramps up and down throughout
the year in response to demand. With Eagle County being the most visited ski area in
North America, the highest transit demands level exist during the winter months and that is
when the greatest level of transit service is provided.
Eagle County operates transit service year-round approximately 20 hours a day, seven
days a week to the towns and resort areas throughout Eagle County. Most routes
operate on 30 minute headways until 6:00 pm when they go to 60 minutes.
All routes are year-round with the exception of the Beaver Creek/Vail Express which
operates during the winter. Eagle County further provides some express trips along
HWY 6 during the winter season only.
Service On-time Performance for Fixed Route
a. Definition of"On-time Window":
Eagle County prohibits as a matter of policy any bus from servicing a bus stop
ahead of the scheduled pick-up time or running early. (At times, we may fall behind
due to traffic conditions to where the bus is late and not actually running early.
This is different than running ahead of schedule.) Eagle County further defines
an on-time performance if a bus is no more than 2 minutes late for servicing a
particular stop or the origin & destination points of an entire route. These
guidelines are the established "On-time Window" for calculating the overall System
On-Time Performance.
b. Established Service Standard
95 percent of all runs system-wide or on a particular route or line completed
within the allowed "on-time" window during the Spring, Summer, and Fall
seasons is the established standard.
During the winter season, we face conditions that are beyond our control,
including weather and traffic congestion, so in the winter 90 percent of all runs
system-wide or on a particular route or line completed within the allowed `on-
time" window is the established standard.
Service Availability for Fixed Route Service
The standard is expressed by bus stop spacing. Bus stop spacing generally depends on
ridership. Ridership, in turn, is typically affected by surrounding land use type, such as
2016 Eagle County, Colorado-Title VI Plan Submittal
Exhibit A (Page 42 of 42)
residential, commercial, or Central Business District. The range of spacing between each
stop in varies considerably is standardized on average to be between 600 to over a mile.
Distribution of Transit Amenities for Fixed Route Service
Distribution of all transit amenities such as bus shelters, benches, and trash receptacles is
determined through ridership levels. Based upon boarding counts and bus stop utilization,
the following table outlines the standard for how the transit amenities are placed by the
transit system.
Many private entities, such as homeowner's associations and property developers, have
added their own transit amenities that may not conform to the standards above. We use
the above standard when making a determination if an amenity is warranted that does not
currently exist.
Vehicle Assignment for Fixed Route Service
It is the policy of the Eagle County to assign vehicles with more capacity to routes with
higher ridership and/or to routes with additional capacity needs during peak periods.
Eagle County has performed mid-life cycle refurbishments on each bus in its Fleet;
therefore the quality of the equipment available for use is equal - regardless of its age.
2016 Eagle County, Colorado-Title VI Plan Submittal