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HomeMy WebLinkAboutR-2018-162 City Approving The City's Title VI Program For Submittal To The Federal Transit Administration Regional Civil Rights Office RESOLUTION NO. 2018-162 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE CITY OF DANIA BEACH'S TITLE VI PROGRAM FOR SUBMITTAL TO THE FEDERAL TRANSIT ADMINISTRATION REGIONAL CIVIL RIGHTS OFFICE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance; and WHEREAS, the Civil Rights Restoration Act of 1987 amended Title VI to specify that entire institutions receiving federal funds must comply with federal civil rights laws, rather than just the particular programs or activities that receive federal funds; and WHEREAS, as a sub-recipient of Federal Transit Administration ("FTA") funding, the City of Dania Beach is required to implement a Title VI Program that demonstrates that no transit program or service provided by the City discriminates against any demographic of a population served by that program or service; and WHEREAS, the City is committed to ensuring that no person is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any of its programs, activities, or services on the basis of race, color, or national origin; and WHEREAS, the City Title VI Liaison will be responsible for initiating and monitoring Title VI activities and complaints; and WHEREAS, pursuant to FTA Circular 4702.1B, the City is required to submit its Title VI Program to its governing entity for approval; and WHEREAS, the City Commission has deemed it to be in the best interest of the City to approve the City's Title VI Program as set forth in Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission approves the City of Dania Beach's Title VI Program, attached as Exhibit "A" for submission to the FTA and authorizes City staff to submit the necessary documentation to the FTA. Section 3. That the appropriate City officials are authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 13, 2018. ATTEST: �li1A ��►� THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK .y�.IS igp�" MAYOR HED APPROVED AS TO FORM AND CORRECTNESS: (1 N, A — THOMAS J. I S R CITY ATTO EY 2 RESOLUTION#2018-162 CITY OF DAN IA BEACH COMMUNITY SHUTTLE k t 4.T t ¢ t g DANIA BEACH SEA IT. LIVE IT. LOVE IT. Title VI Program Date Adopted: October 2018 Table of Contents 1.0 Title VI/Nondiscrimination Policy Statement and Management Commitment to Title VI Program ................................................... 1-1 2.0 Introduction&Description of Services.........................................................................2-1 2.0.1 Current Description of System 2.1 First Time Applicant Requirements.......................................................................................2-2 2.2 Annual Certifications and Assurances....................................................................................2-2 2.3 Title VI Program Concurrence and Adoption.........................................................................2-3 3.0 Title VI Notice to the Public..........................................................................................3-1 3.1 Notice to Public...................................................................................................................... 3-1 3.2 Notice Posting Locations........................................................................................................ 3-1 4.0 Title VI Procedures and Compliance............................................................................4-1 4.1 Complaint Procedure.............................................................................................................4-1 4.2 Complaint Form .....................................................................................................................4-1 4.3 Record Retention and Reporting Policy.................................................................................4-2 4.4 Sub-recipient Assistance and Monitoring..............................................................................4-2 4.5 Contractors and Subcontractors............................................................................................4-2 5.0 Title VI Investigations,Complaints,and Lawsuits.........................................................5-1 6.0 Public Participation Plan...............................................................................................6-1 7.0 Language Assistance Plan.............................................................................................7-1 8.0 Transit Planning and Advisory Bodies...........................................................................8-1 9.0 Title VI Equity Analysis.................................................................................................9-1 10.0 System-Wide Service Standards and Service Policies.................................................. 10-1 10.1 Service Standards................................................................................................................. 10-1 10.2 Service Policies..................................................................................................................... 10-2 11.0 Appendices................................................................................................................. 11-1 APPENDIX A FTA CIRCULAR 4702.113 REPORTING REQUIREMENTS FOR TRANSIT PROVIDERS APPENDIX B TITLE VI PROGRAM CITY OFFICIAL APPROVAL LETTER AND FDOT CONCURRENCE LETTER APPENDIX C TITLE VI COMPLAINT FORM APPENDIX D PUBLIC PARTICIPATION PLAN APPENDIX E LANGUAGE ASSISTANCE PLAN APPENDIX F OPERATING AREA LANGUAGE DATA: CITY OF DANIA BEACH COMMUNITY SHUTTLE SERVICE AREA APPENDIX G SERVICE AREA MAP 1.0 Title VI/Nondiscrimination Policy Statement and Management Commitment to Title VI Program 49 CFR Part 21.7(a):Every application for Federal financial assistance to which this part applies shall contain, or be accompanied by, an assurance that the program will be conducted or the facility operated in compliance with all requirements imposed or pursuant to[49 CFR Part 21]. The City of Dania Beach Community Shuttle assures that no person shall on the basis of race, color, national origin, age, disability, family or religious status, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992 be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity undertaken by the agency. The City of Dania Beach Community Shuttle further agrees to the following responsibilities with respect to its programs and activities: 1. Designate a Title VI Liaison that has a responsible position within the organization and access to the recipient's Chief Executive Officer or authorized representative. 2. Issue a policy statement signed by the Executive Director or authorized representative, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Recipient's organization and to the general public. Such information shall be published where appropriate in language other than English. 3. Insert the clauses of Section 4.5 of this Program into every contract subject to the Acts and the Regulations. 4. Develop a complaint process and attempt to resolve complaints of discrimination against the City of Dania Beach Community Shuttle. 5. Participate in training offered on the Title VI and other nondiscrimination requirements. 6. If reviewed by FDOT or any other state or federal regulatory agency,take affirmative actions to correct any deficiencies found within a reasonable time period,not to exceed ninety(90)days. 7. Have a process to collect racial and ethnic data on persons impacted by the agency's programs. 8. Submit the information required by FTA Circular 4702.113 to the primary recipients(refer to Appendix A of this Program). THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal funds, grants, loans, contracts, properties, discounts or other federal financial assistance under all programs and activities and is binding. i Robert Baldwin,City;Manager November_, 2018 2.0 Introduction & Description of Services The City of Dania Beach Community Shuttle submits this Title VI Program in compliance with Title VI of the Civil Rights Act of 1964, 49 CFR Part 21, and the guidelines of FTA Circular 4702.113, published October 1,2012. The City of Dania Beach Community Shuttle is a sub-recipient of FTA funds and provides service in Dania Beach and portions of Hollywood. A description of the current City of Dania Beach Community Shuttle is described below(2.0.1). Title VI Liaison Alternate Title VI Contact Paula Morrell, Human Resources Director Bendra Caseneuve,HR Generalist 100 W. Dania Beach Blvd 100 W.Dania Beach Blvd Dania Beach FL 33004 Dania Beach FL 33004 954-924-6800 x 3608 954-924-6800 x 3630 Key responsibilities of the Title VI Liaison include: ■ Maintain knowledge of Title VI requirements. ■ Attend training on Title VI and other nondiscrimination authorities when offered by FDOT or any other regulatory agency. ■ Disseminate Title VI information to the public including in languages other than English,when necessary. ■ Develop a process to collect data related to race,gender and national origin of service area population to ensure low income,minorities,and other underserved groups are included and not discriminated against. ■ Implement procedures for the prompt processing of Title VI complaints. 2.0.1 Current Description of System The City of Dania Beach Community Shuttle's current and long-term focus as a transportation provider is on maintaining the best-coordinated transportation system possible for this community. Our goal is to create a coordinated system with the objective of providing safe, reliable, timely and efficient transportation services to county residents. The City of Dania Beach is a local government, non-profit organization made up of 143 full-time equivalent (FTE) employees, of which 16 are part-time employees. The City Manager is responsible for the day-to-day operations of the organization and reports directly to the City of Dania Beach Commission. The City operates its Community Shuttle in partnership with Broward County Transit (BCT). Transportation services are provided in accordance with an Interlocal Agreement between the City of Dania Beach and BCT executed on August 12, 2014, which includes an Operations Safety/Security Program and a Transportation Disadvantaged Service Plan (TDSP). The City of Dania Beach Community Shuttle will continue too operate at previous year 2017 service hours averaging 34.56 total fleet service p p Y ( ) g g hours per day or approximately 10,713.6 annual service hours(assuming 310 operating days). The City of Dania Beach is responsible for training and management of our transportation program and contracts Limousines of South Florida to provide Community Shuttle service. Limousines of South Florida provides two full-time drivers, plus operations supervision/oversight and fleet maintenance services for the City of Dania Beach Community Shuttle. All safety sensitive employees are required to complete FDOT approved safety and security training course as part of their new hire orientation, including completing 80 hours of on-the-road driver's training. It is the City of Dania Beach's responsibility to administer all aspects of the transportation program and to control access and usage of all agency vehicles. Maintenance on, all agency vehicles is provided by Limousines of South Florida. The fleet service technicians are ASE certified with experience in working on commercial passenger vehicles like the type our agency uses. All maintenance is performed using the Preventative Maintenance Plan, which conforms to the State Vehicle Maintenance Guidelines set forth in the FDOT Preventative Maintenance Guidelines document.All vehicle files and driver files are maintained and retained for a minimum of four (4)years. Description of service routes and ridership: The City of Dania Beach Community Shuttle provides transportation services that are available to our residents with stops strategically placed along routes stopping at local grocery stores; local shopping centers and department stores; recreational and cultural activities; local license facilities; libraries or other community locations. 2.1 First Time Applicant Requirements FTA Circular 4702.1B, Chapter lll, Paragraph 2: Every application for financial assistance from FTA must be accompanied by an assurance that the applicant will carry out the program in compliance with the Title VI regulations. The City of Dania Beach is not a first time applicant for FTA/FDOT funding. During the previous three years, no Federal or State Agency completed a Title VI compliance review of the City of Dania Beach Community Shuttle. The City of Dania Beach Community Shuttle has not been found to be in noncompliance with any civil rights requirements. 2.2 Annual Certifications and Assurances The City of Dania Beach Community Shuttle will remain in compliance with this requirement by annual submission of certifications and assurances as required by FDOT and/or Broward County Transit(BCT). 2.3 Title VI Program Concurrence and Adoption The Program was reviewed and approved by the City of Dania Beach Commission, which serves as the executive official for the City of Dania Beach that is responsible for the administration of all departments and City operations.The City of Dania Beach's letter affirming the review and approval of the Program is included in Appendix B. 3.0 Title VI Notice to the Public FTA Circular 4702.1B, Chapter Ill, Paragraph 5: Title 49 CFR 21.9(d) requires recipients to provide information to the public regarding the recipient's obligations under DOT's Title VI regulations and apprise members of the public of the protections against discrimination afforded to them by Title VI. 3.1 Notice to Public Notifying the Public of Rights Under Title VI The City of Dania Beach Community Shuttle Program • The City of Dania Beach 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 the City of Dania Beach. • For more information on the City of Dania Beach Community Shuttle's civil rights program, contact 954-924-6800 x 3608, email pmorell@daniabeachfl.gov or visit our administrative office at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004. For more information, visit www.daniabeachfl.gov. • For more information on Title VI procedures, to file a complaint and/or obtain a complaint form contact Broward County Transit (BCT) at (954) 357-8481, TTY (954) 357-8302, or visit BCT's website at http://www.broward.ore/BCT/Pages/TitleVI.aspx. You may also request information in writing to the Broward County Transportation Department, Transit Manager - Compliance, 1 North University Drive,3100A, Plantation, FL 33324. • Available in English. However, if information is needed in another language,contact(954)357- 8481,TTY(954)357-8302. 3.2 Notice Posting Locations The Notice to Public will be posted at many locations to apprise the public of City of Dania Beach Community Shuttles' obligations under Title VI and to inform them of the protections afforded them under Title VI. At a minimum, the notice will be posted in public areas of the City of Dania Beach's office(s) including the building lobby and reception desk and on the City of Dania Beach website at www.daniabeachfl.eov. Additionally, the City of Dania Beach will post the notice at transit hubs and on transit vehicles. 4.0 Title VI Procedures and Compliance FTA Circular 4702.18, Chapter lll, Paragraph 6: All recipients shall develop procedures for investigating and tracking Title Vl complaints filed against them and make their procedures for filing a complaint available to member of the public. 4.1 Complaint Procedure In accordance with the Interlocal Agreement with Broward County Transit on August 12, 2018,the City of Dania Beach will use BCT's Complaint Process, Form and Procedures. 4.2 Complaint Form A copy of the complaint form is provided in Appendix C and on Broward County Transit's website at http://www.broward.org/BC­T`­­/­`Pages/TitleVI.aspx. 4.3 Record Retention and Reporting Policy The City of Dania Beach will submit Title VI Programs to FDOT, BCT and any other primary recipient that provides funding to the City of Dania Beach for concurrence on an annual basis or any time a major change in the Program occurs. Compliance records and all Title VI related documents will be retained for a minimum of three (3) years and reported to the primary recipient annually. 4.4 Sub-recipient Assistance and Monitoring The City of Dania Beach does not have any sub-recipients to provide monitoring and assistance. In the future, if the City of Dania Beach has sub-recipients, it will provide assistance and monitoring as required by FTA Circular 4702.113. 4.5 Contractors and Subcontractors The City of Dania Beach is responsible for ensuring that contractors are in compliance with Title VI requirements. Contractors may not discriminate in the selection and retention of any subcontractors. Subcontractors also may not discriminate in the selection and retention of any subcontractors. The City of Dania Beach, contractors, and subcontractors may not discriminate in their employment practices in connection with federally assisted projects. Contractors and subcontractors are not required to prepare or submit a Title VI Program. However, the following nondiscrimination clauses will be inserted into every contract with contractors and subcontractors subject to Title VI regulations. Nondiscrimination Clauses During the performance of a contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the"Contractor") must agree to the following clauses: 1. Compliance with Regulations:The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") 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 Agreement. 2. Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status 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 Regulati Regulations,including employment practices when the cont ract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation 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 subcontractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family 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 the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety 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 the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety 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 the nondiscrimination provisions of this contract, the City of Dania Beach shall impose contract sanctions as appropriate, including,but not limited to: 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 procurement 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 City of Dania Beach Community Shuttle,Florida Department of Transportation,the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. 5.0 Title VI Investigations, Complaints, and Lawsuits FTA Circular 4702.1B, Chapter lll, Paragraph 7:In order to comply with the reporting requirements of 49 CFR 21.9(b), FTA requires all recipients to prepare and maintain a list of any of the following that allege discrimination on the basis of race, color, or national origin:active investigations....;lawsuits, and complaints naming the recipient. The City of Dania Beach has had no investigations, complaints, or lawsuits involving allegations of discrimination on the basis of race, color, or national origin over the past three(3)years. 6.0 Public Participation Plan FTA Circular 4702.18, Chapter Ill, Paragraph 4.a.4: Every Title VI Plan shall include the following information: A public participation plan that includes an outreach plan to engage minority and limited English proficient populations, as well as a summary of outreach efforts made since the last Title VI Plan submission.A recipient's targeted public participation plan of minority populations may be part of efforts that extend more broadly to include constituencies that are traditionally underserved,such as people with disabilities, low-income populations, and others. The Public Participation Plan (PPP) for the City of Dania Beach Community Shuttle was developed to ensure that all members of the public, including minorities and Limited English Proficient (LEP) populations, are encouraged to participate in the decision-making process for the City of Dania Beach Community Shuttle.The public outreach strategies described in the PPP are designed to provide the public with effective access to information about the City of Dania Beach Community Shuttle services and to provide a variety of efficient and convenient methods for receiving and considering public comment prior to implementing changes to services.The PPP is included as Appendix D to this Title VI Program. Current Outreach Efforts The City of Dania Beach is required to submit a summary of public outreach efforts made over the last three (3)years.The City of Dania Beach has made any specific outreach efforts relative to the Dania Beach Community Shuttle in the last three years. 7.0 Language Assistance Plan FTA Circular 4702.1B, Chapter lll, Paragraph 9: Recipients shall take reasonable steps to ensure meaningful access to benefits, services, information, and other important portions of their programs and activities for individuals who are limited English proficient(LEP). The City of Dania Beach provides a Community Shuttle within Dania Beach and portions of Hollywood. In the City of Dania Beach service area there are 3,411 residents or 13.92 % who describe themselves as not able to communicate in English very well (Source: US Census). The City of Dania Beach is federally mandated (Executive Order 13166) to take responsible steps to ensure meaningful access to the benefits,services, information and other important portions of its programs and activities for individuals who are LEP. The City of Dania Beach has utilized the U.S. Department of Transportation (DOT) LEP Guidance Handbook and performed a four-factor analysis to develop its LAP. The LAP is included in this Title VI Program as Appendix E. 8.0 Transit Planning and Advisory Bodies FTA Circular 4702.1B, Chapter lll, Paragraph 10: Recipients that have transit-related, non-elected planning boards, advisory councils or committees, or similar committees, the membership of which is selected by the recipient, must provide a table depicting the racial breakdown of the membership of those committees, and a description of efforts made to encourage the participation of minorities on such committees. The City of Dania Beach does not have a transit-related committee or board,therefore this requirement does not apply. 9.0 Title VI Equity Analysis FTA Circular 4702.1B, Chapter lll, Paragraph 4.a.8:If the recipient has constructed a facility,such as vehicle storage, maintenance facility, operation center, etc., the recipient shall include a copy of the Title VI equity analysis conducted during the planning stage with regard to the location of the facility. The City of Dania Beach has not recently constructed any facilities, nor does it currently have any facilities in the planning stage. Therefore, the City of Dania Beach does not have any Title VI Equity Analysis reports to submit with this Program. The City of Dania Beach will utilize the service area map included in Appendix G for future Title VI analysis. 10.0 System-Wide Service Standards and Service Policies FTA Circular 4702.1B, Chapter 111, Paragraph 10:All fixed route transit providers shall set service standards and policies for each specific fixed route mode of service they provide. The City of Dania Beach is a fixed route service provider. FTA Circular 4702.1B requires that all fixed route service providers prepare and submit system-wide service standards and service policies as a part of their Title VI Program. These standards and policies must address how service is distributed across the transit system, and must ensure that the manner of the distribution affords users access to these assets. The City of Dania Beach has adopted the following system-wide standards and policies to ensure service design and operations practices do not result in discrimination on the basis of race, color, or national origin. Service policies differ from service standards in that they are not necessarily based on a quantitative threshold. 10.1 Service Standards FTA requires that all fixed route transit providers develop quantitative standards for all fixed route modes of operation for the following indicators. The City of Dania Beach has prepared standards for all modes it operates including community shuttle service. Vehicle Load Standards The current vehicle load ratio for our fixed route buses is 1.5 passengers per seat and is evaluated each year with adjustments, if any, based on prior year's performance. CapacitiesVehicle Type Average Passenger Maximum .. . Seated Standing Total Factor 25"Mini-Bus 20 10 30 1.5 Vehicle Headway Standards POLICY HEADWAYS AND PERIODS OF OPERATION 1NEEKDAY=. Peak Base777 Evenin$ " East Route 66 62 N/A West Route 75 75 N/A Peak.3—5:30 pm; Base:9 am—3 pm POLICY • OF OPERATION SATUM)AY� N East Route 63 N/A West Route 75 N/A Day.9 am—5.30 pm; Night:6 pm—12 am On-Time Performance A vehicle is considered on time based on departures of zero (0) minute early and no more than five (5) minutes late. The City of Dania Beach on-time performance objective is 80% or greater. The City of Dania Beach continuously monitors on-time performance and system results are part of performance reports covering all aspects of operations. Service Availability Standards The City of Dania Beach routes operate to complement Broward County's (County) local, breeze, express and paratransit services. To the greatest extent possible the City of Dania Beach will fill gaps in County service coverage and offer local circulation to neighborhood destinations. The City of Dania Beach will distribute transit service so that 70%of all residents in the service area within a quarter mile walk of shuttle service. 10.2 Service Policies The City of Dania Beach has prepared the following vehicle assignment and transit amenities policies for its transit system. Vehicle Assignment Policy Vehicles in service for five (5) years or 150,000 miles are prioritized for replacement. Routes regularly exceeding the vehicle capacity threshold should be addressed through additional service. The County is generally responsible for the procurement and replacement of transit vehicles based on need and available funding. Transit Amenities Policy The City of Dania Beach collaborates with the County in the siting of transit amenities in accordance with a criteria based on ridership,community need,and available right-of-way. For passenger convenience, City of Dania Beach stops are generally placed in close proximity of shopping plazas,grocery stores, hospitals, parks and offices. 11.0 Appendices APPENDIX A FTA CIRCULAR 4702.113 REPORTING REQUIREMENTS FOR TRANSIT PROVIDERS APPENDIX B TITLE VI PROGRAM CITY OFFICIAL APPROVAL LETTER AND FDOT CONCURRENCE LETTER APPENDIX C TITLE VI COMPLAINT FORM APPENDIX D PUBLIC PARTICIPATION PLAN APPENDIX E LANGUAGE ASSISTANCE PLAN APPENDIX F OPERATING AREA LANGUAGE DATA:CITY OF DANIA BEACH COMMUNITY SHUTTLE SERVICE AREA APPENDIX G SERVICE AREA MAP Appendix A: FTA Circular 4702.113 Reporting Requirements for Transit Providers Every three years, on a date determined by FTA, each recipient is required to submit the following information to the Federal Transit Administration (FTA) as part of their Title VI Program. Sub- recipients shall submit the information below to their primary recipient (the entity from whom the sub-recipient receives funds directly),on a schedule to be determined by the primary recipient. General Reauirements (All recipients must submit): ❑ Title VI Notice to the Public, including a list of locations where the notice is posted Cl Title VI Complaint Procedures (i.e., instructions to the public regarding how to file a Title VI discrimination complaint) ❑ Title VI Complaint Form ❑ List of transit-related Title VI investigations,complaints, and lawsuits ❑ Public Participation Plan, including information about outreach methods to engage minority and limited English proficient populations(LEP),as well as a summary of outreach efforts made since the last Title VI Program submission ❑ Language Assistance Plan for providing language assistance to persons with limited English proficiency(LEP), based on the DOT LEP Guidance ❑ A table depicting the membership of non-elected committees and councils,the membership of which is selected by the recipient, broken down by race,and a description of the process the agency uses to encourage the participation of minorities on such committees ❑ Primary recipients shall include a description of how the agency monitors its sub-recipients for compliance with Title VI,and a schedule of sub-recipient Title VI Program submissions ❑ A Title VI equity analysis if the recipient has constructed a facility,such as a vehicle storage facility, maintenance facility,operation center,etc. ❑ A copy of board meeting minutes, resolution,or other appropriate documentation showing the board of directors or appropriate governing entity or official(s) responsible for policy decisions reviewed and approved the Title VI Program. For State DOTS,the appropriate governing entity is the State's Secretary of Transportation or equivalent.The approval must occur prior to submission to FTA. ❑ Additional information as specified in Chapters IV,V,and VI,depending on whether the recipient is a transit provider,a State,or a planning entity(see below). Reauirements of Transit Providers (All Fixed Route Transit Providers must submit): ❑ All requirements set out in Chapter III (General Requirements) ❑ Service standards • Vehicle load for each mode • Vehicle headway for each mode 0 On time performance for each mode • Service availability for each mode ❑ Service policies • Transit Amenities for each mode 0 Vehicle Assignment for each mode Appendix B: Title VI Program City Official Approval Letter and FDOT Concurrence Letter TO BE INSERTED UPON APPPROVAL Appendix C: Title VI Complaint Form w {AUNTY TmspeMW—Oep-tr-t TRMSU ENVW ON f Adednfthahm f N.Ut&ers&y afim-S ile 310M-Pbr"fim RarWa&MM-9M-W-MM-FAX 954-W-8M5 LANGUAGE TRANSLATION SERVICE AVAILABLE NOTE: if you require this TWO VI Complaint Form to be translated into another language, please log onto www.broward.oralbct. Click on either "Microsoft Translator" or "Google Translate- at the top right comer of the web page and select the appropriate language for your translation. SERVICO DE TRADUcc16N LENGUA DISPONI'BLE OTA: Si usted require de estae Formulado de ue a del q �' J Titulo Vl de ser traducido a otro idoma, por favor Naga clic err cualquiera de "Microsoft Translator" o "Google Translate" en /a esquina superior derecha de esta pagina web y seleccionar el idioma. LANE TRADIKSYC3N SEVIS KI DI SPSJNIB REMAK, Si w mande you s a Tit VI Fom Plent dwe tradui nan you kit tang, tanpn klike sou swa "Tradikte Microsoft" oswa "Google Translate" nan kwen paj sa a web tet dwat epi chwazi fang ki apwopriye a you tradiksyon ou. Broward County Board of County Commissioners Transportation Depattm mt COMPLAINT OF ADA and TITLE V1 DISCRIMINATION The Broward County Transit Division.as a recipient:of federal financial assistang,is required to ensure that its transit service and related benefits are distributed in a manrw consistent with Title VI of the Civil Rights Acts of 1964.as amended. Any person who believes that he or she, individually, or as a member of any specific class of persons, has been subjected to discrimination under Tide VI, on the basis of race, color, or national origin,may file a written complaint with the Broward County Transit Division, We are asking for the following information to assist us in processing your complaint. If you need help in completing this farm,please contact us at(954)357-8481 or TTY: (954)357-830Z NOTE:Alternate means of filing complaint,such as personal interviews or a tape recording of the complairit,will be made availafale for persons with disabilities upon request 1. Complainant Name: Street Address: City,State.Zip Code: Telephone: Ema4 Address: 2. Person you believe discriminated against you(if known): Name: 3. Location of incident: 4. Are you represented by an attorney for this complaint? Yes No If yes,please complete the following: Attorney"s Name: Street Address City,State,Zip Code- Telephone: 5. Which of the following best describes the reason you believe the discrimination took place? Please circle. Race National Origin Sex income Status Age Disability Retaliation Sexual Orientation Political Affliation Marital Status 6. Date(s)of the alleged discrimination: 7. In the space below, please describe the alleged discrimination. Explain what happened and who you believe was responsible. {include bus number, route number, name of transit employee(s) involved in the incident, date, location, and time of the incident,N applicable.)Attach additional sheet if necessary. 8. Have you filed a complaint of the alleged discri nination with a federal,state,or local agency;or with a state or federal court? Yes No If yes,check all that apply: Federal Federal Court State State Court Local Court Please provide the name of the Agency where you filed your complaint. Agency Name: Contact Person: Complainant Signature Date of Signature You may attach any additional information you think is relevant to your complaint Submit your signed complaint and any attachments to: Broward County Transit Division Attention: Transit Manager—Compliance 1 North University Drive, Suite 3100A, Box 306 Plantation, FL 33324 Appendix D: Public Participation Plan (PPP) Introduction The Public Participation Plan (PPP) for the City of Dania Beach Community Shuttle ensures that all members of the public, including minorities and Limited English Proficient (LEP) populations, are encouraged to participate in the decision-making process for the City of Dania Beach Community Shuttle. The City of Dania Beach also recognizes the importance of many types of stakeholders in the decision-making process, including other units of government, metropolitan area agencies, community- based organizations, major employers, passengers and the general public, including low-income, minority, LEP,and other traditionally underserved communities. Public Participation Goals The main goal of the PPP is to offer meaningful opportunities for all interested segments of the public, including, but not limited to, low-income, minority and LEP groups,to comment, about the City of Dania Beach Community Shuttle and its operations.The goals for this PPP include: ■ Inclusion and Diversity: The City of Dania Beach Community Shuttle will proactively reach out and engage low-income, minority, and LEP populations for the City of Dania Beach Community Shuttle service area so these groups will have an opportunity to participate. ■ Accessibility: All legal requirements for accessibility will be met. Efforts will be made to enhance the accessibility of the public's participation — physically, geographically, temporally, linguistically and culturally. ■ Clarity and Relevance: Issues will be framed in public meetings in such a way that the significance and potential effect of proposed decisions is understood by participants. Proposed adjustments to fares or services will be described in language that is clear and easy to understand. ■ Responsive: The City of Dania Beach Community Shuttle will strive to respond to and incorporate, when possible,appropriate public comments into transportation decisions. ■ Tailored: Public participation methods will be tailored to match local and cultural preferences as much as possible. ■ Flexible:The public participation process will accommodate participation in a variety of ways and will be adjusted overtime as needed. Public Participation Methods The City of Dania Beach Community Shuttle intends to achieve meaningful public participation by a variety of methods with respect to service and any changes to service. The City of Dania Beach Community Shuttle will conduct community meetings and listening sessions as appropriate with passengers, employers, community based organizations, and advisory committees to gather public input and distribute information about service quality, proposed changes or new service options. The public will be invited to provide feedback on the City of Dania Beach Community Shuttle website (www.daniabeachfl.gov) and all feedback on the site will be recorded and passed on to the City of Dania Beach Community Shuttle management. The public will also be able to call the City of Dania Beach Community Shuttles'office at 954-924-6800-3730 during its hours of operation. Meeting formats will be tailored to help achieve specific public participation goals that vary by project or the nature of the proposed adjustment of service. Some meetings will be designed to share information and answer questions. Some will be designed to engage the public in providing input, establishing priorities, and helping to achieve consensus on a specific recommendation. Others will be conducted to solicit and consider public comments before implementing proposed adjustments to services. For all public meetings, the venue will be a facility that is accessible for persons with disabilities and, preferably, is served by public transit. For community meetings and other important information, the City of Dania Beach Community Shuttle will use a variety of means to make riders and citizens aware, including some or all of the following methods: ■ Government Access Channel Announcements(if available) ■ In-vehicle advertisement ■ Posters or flyers in transit center ■ Posting information on website ■ Press releases and if feasible—briefings to media outlets ■ Flyers and information distribution through various libraries and other civic locations that currently help distribute timetables and other information ■ Other methods required by local or state laws or agreements Information and materials communicating proposed and actual service adjustments will be made available in English and any other language that meets the"safe harbor"criteria. Appendix E: Language Assistance Plan (LAP) I. Introduction The City of Dania Beach Community Shuttle operates a transit system within Dania Beach and portions of Hollywood.The Language Assistance Plan (LAP) has been prepared to address the City of Dania Beach Community Shuttles' responsibilities as they relate to the needs of individuals with Limited English Proficiency (LEP). Individuals, who have a limited ability to read, write, speak or understand English are LEP. In the City of Dania Beach Community Shuttle service area there are 3,411 residents or 13.92%who describe themselves as not able to communicate in English "very well" (Source: US Census). The City of Dania Beach Community Shuttle is federally mandated (Executive Order 13166) to take responsible steps to ensure meaningful access to the benefits,services, information and other important portions of its programs and activities for individuals who are LEP. For many LEP individuals, public transit is the principal transportation mode available. It is important for the City of Dania Beach Community Shuttle to be able to communicate effectively with all of its riders. When the City of Dania Beach Community Shuttle is able to communicate effectively with all of its riders, the service provided is safer, more reliable, convenient, and accessible for all within its service area. The City of Dania Beach Community Shuttle is committed to taking reasonable steps to ensure meaningful access for LEP individuals to this agency's services in accordance with Title VI. This plan will demonstrate the efforts that the City of Dania Beach Community Shuttle undertakes to make its service accessible to all persons without regard to their ability to communicate in English. The plan addresses how services will be provided through general guidelines and procedures including the following: ■ Identification: Identifying LEP populations in service areas ■ Notification: Providing notice to LEP individuals about their right to language services ■ Interpretation:Offering timely interpretation to LEP individuals upon request ■ Translation: Providing timely translation of important documents ■ Staffing: Identifying City of Dania Beach Community Shuttle staff to assist LEP customers ■ Training: Providing training on LAP to responsible employees 11. Four Factor Analysis The analysis provided in this report has been developed to identify LEP population that may use the City of Dania Beach Community Shuttle services and identify needs for language assistance. This analysis is based on the "Four Factor Analysis" presented in the Implementing the Department of Transportation's Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient (LEP) Persons, dated April 13, 2007,which considers the following factors: 1) Demography: identifying the number and/or proportion of LEP persons served or encountered,and languages spoken in service area. 2) Frequency:determining the rate of contact with the City of Dania Beach Community Shuttle programs, activities, and services. 3) Importance:gauging the nature and importance of City of Dania Beach Community Shuttle program, service, and activities to people's lives. 4) Resources: assessing current and available resources, including language assistance services. Factor 1:The Number and Proportion of LEP Persons Serviced or Encountered in the Eligible Service Population Of the 24,498 residents in the City of Dania Beach Community Shuttle service area, 3,411 residents describe themselves as speaking English less than "very well". People of Spanish / Spanish Creole descent are the primary LEP persons likely to utilize the City of Dania Beach Community Shuttle services. For the City of Dania Beach Community Shuttle service area, the American Community Survey of the U.S. Census Bureau shows that among the area's population, 86.08% speak English "very well". For groups who speak English "less than very well", 10.15% speak Spanish / Spanish Creole. Appendix F contains a table which lists the languages spoken at home by the ability to speak English for the population within the City of Dania Beach Community Shuttle service area. Factor 2:The Freauency with which LEP Individuals Come into Contact with Your Programs. Activities.and Services The City of Dania Beach Community Shuttle has assessed the frequency with which LEP individuals come in contact with the transit system. The methods utilized for this assessment include analysis of Census data, examining phone inquiries, requests for translated documents, and staff survey. As discussed above, Census data indicates that there are two prominent LEP groups within the service area; namely, Spanish and French Creole speakers. Phone inquiries and staff survey feedback indicated that the City of Dania Beach Community Shuttle dispatchers and drivers interact frequently with LEP persons. The majority of these interactions have occurred with LEP persons who mainly spoke Spanish. If translation services are needed, staff is capable of providing such services to our clients.Translation services provided includes oral and written translation pertaining to our programs and services. Factor 3:The Nature and Importance of the Program.Activity.or Service Provided by the Recipient to People's Lives Public transportation and regional transportation planning is vital to many people's lives.According to the Department of Transportation's Policy Guidance Concerning Recipient's Responsibilities to LEP Persons, providing public transportation access to LEP persons is crucial.A LEP person's inability to utilize public transportation effectively, may adversely affect his or her ability to access health care,education,or employment. An on-board passenger survey was conducted to collect data on usage of and access to the Dania Beach Community Shuttle. According to the survey, the most common age among all the participants in the survey was 35 or older. To further access personal mobility options, each respondent was asked how he or she would have access to services had the City of Dania Beach Community Shuttle not been available. The most frequent response was to either walk or use a wheelchair at 42%. All transportation services will be performed in compliance with an additional contract with Broward County for Transportation Disadvantaged Services, and will comply with Chapter 427 of the Florida Statutes and Chapter 41-2 of the Florida Administrative Code. The Program also maintains a log of trip denials, which is utilized to make referrals, as well as documentation for expansion of services. Factor 4:The Resources Available to the Recipient and Costs The City of Dania Beach Community Shuttle assessed its available resources that are currently being used, and those that could be used, to provide assistance to LEP populations. The City of Dania Beach Community Shuttle provides a reasonable degree of services for LEP populations in its service area. III. Language Assistance Plan In developing a Language Assistance Plan, FTA guidance recommends the analysis of the following five elements: 1. Identifying LEP individuals who need language assistance 2. Providing language assistance measures 3. Training staff 4. Providing notice to LEP persons 5. Monitoring and updating the plan The five elements are addressed below. Element 1: Identifying LEP Individuals Who Need Language Assistance The City of Dania Beach Community Shuttle has identified the number and proportion of LEP individuals within its service area using United States Census data (see Appendix H). As presented earlier, 69.21% of the service area population speaks English only. The largest non-English spoken language in the service area is Spanish / Spanish Creole (19.86%). Of those whose primary spoken language is Spanish / Spanish Creole, approximately 10.15% identify themselves as speaking less than "very well'.Those residents whose primary language is not English or Spanish/Spanish Creole and who identify themselves as speaking English less than "very well' account for 3.77 % of the service area population. The City of Dania Beach Community Shuttle may identify language assistance need for an LEP group by: 1. Examining records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events or meetings. 2. Having Census Bureau Language Identification Flashcards available at the City Commission Meetings. This will assist the City of Dania Beach Community Shuttle in identifying language assistance needs for future events and meetings. 3. Having Census Bureau Language Identification Flashcards on all transit vehicles to assist operators in identifying specific language assistance needs of passengers. If such individuals are encountered,vehicle operators will be instructed to obtain contact information to give to the City of Dania Beach Community Shuttle management to follow-up. 4. Vehicle operators and front-line staff(i.e. Dispatchers,Transit Operation Supervisors, etc.)will be surveyed on their experience concerning any contacts with LEP persons during the previous year. Element 2: Language Assistance Measures The City of Dania Beach Community Shuttle has undertaken the following actions to improve access to information and services for LEP individuals: 1. Provide bilingual staff at community events and public hearings. 2. Survey transit drivers and other front-line staff on their experience concerning any contacts with LEP persons during the previous year. 3. When an interpreter is needed in person or on the telephone, staff will attempt to access language assistance services. Element 3:Training Staff In the case of City of Dania Beach Community Shuttle, the most important staff training is for Customer Service Representatives and transit drivers. Several representatives are bilingual in English and Spanish. The following training will be provided to Customer Service Representative: 1. Information on Title VI Procedures and LEP responsibilities 2. Use of Language Identification Flashcards 3. Documentation of language assistance requests 4. How to handle a potential Title VI/LEP complaint Element 4: Providing Note to LEP Persons The City of Dania Beach Community Shuttle will make Title VI information available in English and Spanish on the Agency's website. Key documents are written in English and Spanish. Notices are also posted at Dania Beach City Hall and on shuttles. Additionally, when staff prepares a document or schedules a meeting, for which the target audience is expected to include LEP individuals, then documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the known LEP population. Element 5:Monitoring and Updating the Plan The plan will be reviewed and updated on an ongoing basis. Updates will consider the following: ■ The number of documented LEP person contacts encountered annually ■ How the needs of LEP persons have been addressed ■ Determination of the current LEP population in the service area ■ Determination as to whether the need for translation services has changed ■ Determine whether the City of Dania Beach Community Shuttle financial resources are sufficient to fund language assistance resources needed The City of Dania Beach understands the value that its service plays in the lives of individuals who rely on this service, and the importance of any measures undertaken to make the use of system easier. The City of Dania Beach is open to suggestions from all sources, including customers, The City of Dania Beach Community Shuttle staff, other transportation agencies with similar experiences with LEP communities, and the general public, regarding additional methods to improve their accessibility to LEP communities. IV. Safe Harbor Provision DOT has adopted the Department of Justice's Safe Harbor Provision,which outlines circumstances that can provide a "safe harbor"for recipients regarding translation of written materials for LEP population. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) or 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered,then such action will be considered strong evidence of compliance with the recipient's written translation obligations. Translation of non-vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the five percent (5%) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. The City of Dania Beach Community Shuttle service area does have LEP populations which qualify for the Safe Harbor Provision. As shown in Appendix F, 2,487 speakers qualify for the Safe Harbor Provision as the number of persons which speak English less than "very well" is counted as 10.15% and 2,487 Spanish/Spanish Creole speakers. The Safe Harbor Provision applies to the translation of written documents only. They do not affect the requirement to provide meaningful access to LEP individuals through competent oral interpreters where oral language services are needed and are reasonable.The City of Dania Beach may determine, based on the Four Factor Analysis, that even though a language group meets the threshold specified by the Safe Harbor Provision, written translation may not be an effective means to provide language assistance measures. Appendix F: Operating Area Language Data: Community Shuttle Service Area Language Population Percentage Service Area Total 24,498 100.00% Speak only English 16,955 69.21% Spanish or Spanish Creole 4,866 19.86% Speak English "very well" 2,379 9.71% Speak English less than "very well" 2,487 10.15% French (incl. Patois,Cajun) 805 3.29% Speak English "very well" 515 2.10% Speak English less than "very well" 290 1.18% French Creole 812 3.31% Speak English "very well" 443 1.81% Speak English less than "very well" 369 1.51% Italian 102 0.42% Speak English "very well" 74 0.30% Speak English less than "very well" 28 0.11% Portuguese or Portuguese Creole 218 0.89% Speak English "very well" 132 0.54% Speak English less than "very well' 86 0.35% German 119 0.49% Speak English "very well" 119 0.49% Speak English less than "very well" - 0.00% Yiddish - 0.00% Speak English "very well" - 0.00% Speak English less than "very well' - 0.00% Other West Germanic languages - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Scandinavian languages - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Greek - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Russian 102 0.42% Speak English "very well" 102 0.4206 Speak English less than "very well" - 0.00% Polish 75 0.31% Speak English "very well" 68 0.28% Speak English less than "very well" 7 0.03% Serbo-Croatian - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Other Slavic languages 17 0.07% Speak English "very well" 17 0.07% Speak English less than "very well" - 0.00% Armenian - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Persian 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Gujarati 17 0.07% Speak English "very well" 17 0.07% Speak English less than "very well" - 0.00% Hindi - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Urdu 8 0.03% Speak English "very well" - 0.00% Speak English less than "very well' 8 0.03% Other Indic languages - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Other Indo-European languages 145 0.59% Speak English "very well" 67 0.27% Speak English less than "very well' 78 0.32% Chinese 7 0.03% Speak English "very well" 7 0.03% Speak English less than "very well" - 0.00% Japanese - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Korean 35 0.14% Speak English "very well" 35 0.14% Speak English less than "very well" - 0.00% Mon-Khmer, Cambodian - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Hmong - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Thai 33 0.13% Speak English "very well" 33 0.13% Speak English less than "very well' - 0.00% Laotian - 0.00% Speak English "very well' - 0.00% Speak English less than "very well" - 0.00% Vietnamese - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Other Asian languages - 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Tagalog 14 0.06% Speak English "very well" - 0.00% Speak English less than "very well" 14 0.06% Other Pacific Island languages - 0.00% Speak English "very well" 0.00% Speak English less than "very well" - 0.00% Navajo - 0.00% 0 Speak English "very well" _ 0.00% Speak English less than "very well" - 0.00% Other Native American languages - 0.00% Speak English "very well" - 0.00% Speak English less than "very well' - 0.00% Hungarian 68 0.28% Speak English "very well" 55 0.22% Speak English less than "very well" 13 0.05% Arabic 17 0.07% Speak English "very well" - 0.00% Speak English less than "very well" 17 0.07% Hebrew 32 0.13% Speak English "very well" 18 0.07% Speak English less than "very well' 14 0.06% African languages 51 0.21% Speak English "very well" 51 0.21% Speak English less than "very well" - 0.00% _ a Other and Unspecified languages 0.00% Speak English "very well" - 0.00% Speak English less than "very well" - 0.00% Appendix G: Service Area Map Dania Beach x GRIFFIN RD HWY A1A SLING RD g SHERIDAN ST LL Dama Beach Community Shuttle Service Area DRAFT COPY - 0 O'S 9 _ Ewa aeon t mmua� _».se nce,aea emot es � .