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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