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HomeMy WebLinkAbout2025-22 A Resolution Approving a Federal Transit Administration Title VI ProgramRESOLUTION NO. 22 Series of 2025 A RESOLUTION APPROVING A FEDERAL TRANSIT ADMINISTRATION TITLE VI PROGRAM WHEREAS, the Town wishes to approve the Federal Transit Administration Title VI program (the “Program”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Program, in a form approved by the Town Attorney, and authorizes the Town Manager to execute any documents in furtherance of this resolution. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED, AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 6th day of May, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ________________________________ Stephanie Johnson, Acting Town Clerk May 2025 Page 1 of 21 Federal Transit Administration Title VI Program Town of Vail May 6, 2025 (Plan expires 3 years from date approved by the board) May 2025 Page 2 of 21 Title VI Plan Table of Contents The Town of Vail Title VI plan includes the following elements: 1. Plan Approval, Annual Certifications and Assurances, Revision Log 2. Policy Statement 3. Notice to the Public 4. Complaint Procedure 5. Complaint Form 6. List of transit related Title VI Investigations, Complaints and Lawsuits 7. Public Participation Plan 8. Language Assistance Plan 9. Providing Assistance to and Monitoring Subrecipients 10. Title VI Equity Analysis for Facility Acquisition 11. Fixed Route Transit Provider Requirements May 2025 Page 3 of 21 Section 1: Title VI Plan Approval & Compliance Requirements Title VI Plan Adopted on: May 6, 2025 Adopted by: Vail Town Council Signature(s): ________________________________________ Approval: May 2025 Page 4 of 21 Annual Certifications and Assurances In accordance with 49 CFR Section 21.7(a), every application for financial assistance from FTA must be accompanied by an assurance that the applicant will carry out the program in compliance with Title VI regulations. This requirement shall be fulfilled when the applicant/recipient submits its annual certifications and assurances. Primary recipients will collect Title VI assurances from sub-recipients prior to passing through FTA funds. The Town of Vail will remain in compliance with this requirement by annual submission of certifications and assurances as required by CDOT. Title VI Plan Revision Log Date Month/day/year Section Revised Summary of Revisions May 2025 Page 5 of 21 Section 2: Title VI Policy Statement Policy Statement The Town of Vail, operating as a public transit provider, as a recipient of Federal Transit Administration (FTA) grant dollars through the Colorado Department of Transportation (CDOT), will comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the U.S. Department of Transportation implementing regulations, FTA Circular 4702.1B, and CDOT Public Transportation requirements as specified in Master Grant Agreement, and State Management Plan. The Town of Vail operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act. May 2025 Page 6 of 21 Section 3: Notice to the Public Title VI Notice to the Public The s Notice to the Public is as follows: Notifying the Public of Rights Under Title VI Town of Vail The Town of Vail 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 Town of Vail. For more information on the civil rights program, the procedures to file a complaint, or to file a complaint, please contact the Town of Vail Human Resources Department at 970-479-2110, email HR@vail.gov; or visit our administrative office at 75 South Frontage Road, Vail, Colorado 81657. For more information, visit www.vail.gov For transportation-related Title VI matters, a complaint may also be filed directly with the: Colorado Department of Transportation, Civil Rights Office, Civil Rights and Business Resource Center, Title VI Coordinator, 2829 W. Howard Place, 4th Floor, Denver, CO 80204, dot_civilrights@state.co.us , (800)-925-3427 Federal Transit Administration, Office of Civil Rights, Attention: Complaint Team, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE Washington, DC, 20590. The Town of Vail Notice to the Public is posted in the public areas of the office and inside the transit vehicles. May 2025 Page 7 of 21 Section 4: Title VI Complaint Procedure The Town of Vail Title VI Complaint Procedure is made available in the following locations: Agency website Hard copy in the transit office Agency Title VI Plan Any individual, group of individuals or entity that believes they have been discriminated against on the basis of race, color, or national origin by the Town of Vail may file a Title VI complaint by completing and Complaint Form. Any individual having filed a complaint or participated in the investigation of a complaint shall not be subjected to any form of intimidation or retaliation. Individuals who have cause to think that they have been subjected to intimidation or retaliation can file a complaint of retaliation following the same procedure for filing a discrimination complaint. A complaint must be filed with the Town of Vail no later than 180 days after the following: 1. The date of the alleged act of discrimination; or 2. The date when the person(s) became aware of the alleged discrimination; or 3. Where there has been a continuing course of conduct, the date on which that conduct was discontinued of the latest instance of the conduct. Once the complaint is received, the Town of Vail will review it to determine if our office has jurisdiction. A copy of each Title VI complaint received will be forwarded to the Colorado Department of Transportation within ten (10) calendar days of receipt. The complainant will receive an acknowledgement letter informing her/him whether the complaint will be investigated by our office. The Town of Vail has 60 days to investigate the complaint. If more information is needed to resolve the case, the Town of Vail may contact the complainant requesting further information. The complainant has 10 business days from the date of the letter to send requested information to the investigator assigned to the case. If the investigator is not contacted by the complainant or does not receive the additional information within 10 business days, the Town of Vail can administratively close the case. After the investigator reviews the complaint, the agency will issue one of two (2) letters to the complainant: a closure letter or a letter of finding (LOF). A closure letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. A letter of finding (LOF) summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member, or other action will occur. If the complainant wishes to appeal the decision it must direct the appeal to the agency initially. The complainant has 10 days after the date of the closure letter or the letter of finding to do so. If there is outstanding concern, the appeal may be directed to the state DOT or FTA. The appeal process information will be included in the letter. May 2025 Page 8 of 21 A person may also file a complaint directly with the: Colorado Department of Transportation, Civil Rights Office and Business Resource Office, Title VI Coordinator, 2829 W. Howard Place, 4th Floor, Denver, CO 80204, dot_civilrights@state.co.us , (800)-925-3427 Or Federal Transit Administration, Office of Civil Rights, Attention: Complaint Team, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE Washington, DC, 20590. May 2025 Page 9 of 21 Section 5: Title VI Complaint Form The Town of Vail Title VI Complaint Procedure is made available in the following locations: Agency website Hard copy in the transit office Agency Title VI Plan Town of Vail Title VI Complaint Form Section I: Name: Address: Telephone (Home): Telephone (Work): E-Mail Address: Accessible Format Requirements? Large Print Audio Tape TDD Other Section II: Are you filing this complaint on your own behalf? Yes* No *If you answered "yes" to this question, go to Section III. If not, please supply the name and relationship of the person for whom you are complaining: Please explain why you have filed for a third party: Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party. Yes No Section III: May 2025 Page 10 of 21 I believe the discrimination I experienced was based on (check all that apply): Title VI: [ ] Race [ ] Color [ ] National Origin Other (specify): ________________________________________________________________________________ Date of Alleged Discrimination (Month, Day, Year): __________ Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known) as well as names and contact information of any witnesses. If more space is needed, please use the back of this form. _____________________________________________________________________________________________ ____________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Section IV Have you previously filed a Civil Rights related complaint with this agency? Yes No Section V 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 Agency [ ] State Court [ ] Local Agency If marked Yes in Section V, please provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Address: Telephone: Section VI May 2025 Page 11 of 21 Name of agency complaint is against: Contact person: Title: Telephone number: You may attach any written materials or other information that you think is relevant to your complaint. Signature and date required below _________________________________ ________________________ Signature Date Please submit this form in person at the address below, or mail this form to: Town of Vail Human Resources Department 75 South Frontage Road Vail, CO 81657 970-479-2110 HR@vail.gov May 2025 Page 12 of 21 Section 6: List of Transit Related Title VI Investigations, Complaints and Lawsuits The Town of Vail maintains a list or log of all Title VI investigations, complaints and lawsuits, pertaining to its transit-related activities. Check One: There have been no investigations, complaint and/or lawsuits filed against us since the last plan submission. There have been investigations, complaints and/or lawsuits filed against us. See list below. Attach additional information as needed. Date (Month, Day, Year) Summary (include basis of complaint: race, color, or national origin) Status Action(s) Taken Investigations 1. 2. Lawsuits 1. 2. Complaints 1. 2. May 2025 Page 13 of 21 Section 7: Public Participation Plan Strategies and Desired Outcomes To promote inclusive public participation, the Town of Vail will employ the following strategies, as appropriate: When possible, public meetings will be held in locations that are convenient to low and moderate- income neighborhoods and accessible to disabled populations. Where possible, Vail Transit staff will meet at the locations of businesses, neighborhood groups, stakeholders, and other agencies. Upon request, all Vail Transit work products and documents will be made available in alternative formats, including Braille, large type, and languages other than English. Agencies and organizations that represent low income, minority, and disabled populations will be identified and included in Vail Transit mailings. Staff will maintain an active listing or contacts for these organizations. Vail Transit will use the online public participation EngageVail.com to gather public feedback on planning projects. EngageVail.com has been used for previous planning projects including the Vail Transportation Redevelopment Design, Transportation Master Plan, and Car Share Planning projects. The Town of Vail will also use multiple social media platforms including Facebook, Instagram, and X to inform and engage with the public on a variety of topics. May 2025 Page 14 of 21 Section 8: Language Assistance Plan Plan Components As a recipient of federal US DOT funding, the Town of Vail is required to take reasonable steps to ensure meaningful access to our programs and activities by limited-English proficient (LEP) persons. Limited English Proficient (LEP) refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. This includes those who have reported to the U.S. Census that they speak English less than very well, not well, or not at all. The Town of Vail Language Assistance Plan includes the following elements: Item #1: The results of the Four Factor Analysis, including a description of the LEP population(s), served. Item #2: A description of how language assistance services are provided Item #3: A description of how LEP persons are informed of the availability of language assistance service Item #4: A description of how the language assistance plan is monitored and updated Item #5: A description of how employees are trained to provide language assistance to LEP persons Four Factor Analysis Methodology To determine if an individual is entitled to language assistance and what specific services are appropriate, the Town of Vail has conducted a Four Factor Analysis of the following areas: 1) Limited-English Proficient (LEP) Speaker Demography, 2) Contact Frequency, 3) Importance of Service, and 4) Resources and Costs. Factor 1: The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or recipient. In addition to the number or proportion of LEP persons served, the Town of Vail will identify: (a) (b) Identification of LEP communities, and assessing the number or proportion of LEP persons from each language group to determine the appropriate language services for each language; (c) The literacy skills of LEP populations in their native languages, in order to determine whether translation of documents will be an effective practice; and (d) Whether LEP persons are underserved by the recipient due to language barriers. Factor 2: The frequency with which LEP persons come into contact with the program : Identifies and assesses the frequency Town of Vail staff comes into contact with LEP persons. May 2025 Page 15 of 21 Factor 3: The nature and importance of the program, activity, or service provided by the program to Generally speaking, the more important the program, the more frequent the contact and the likelihood that language services will be needed. Factor 4: The resources available to the recipient for LEP outreach, as well as the costs associated with that outreach. Resource and cost issues can often be reduced by technological advances, reasonable business practices, and the sharing of language assistance materials and services among and between transit agencies, advocacy groups, and LEP populations. Item #1 Results of the Four Factor Analysis (including a description of the LEP population(s) served) Factor 1: The number or proportion of LEP persons eligible to be served or likely to be encountered. Of the 4,609 residents in the Town of Vail service area, 125 residents describe themselves as Town of Vail service area, the latest U.S. Census 2.7% less than very well For these groups 72% speak Spanish. May 2025 Page 16 of 21 Factor 2: The frequency with which LEP persons come into contact with the program . The Town of Vail assessed the frequency with which staff and drivers have, or could have, contact with LEP persons. The Town of Vail provides approximately 2.8 million passenger trips per year. This is a combination of residents and visitors. Based on driver feedback, there are minimal requests for alternative language information. Factor 3: The nature and importance of the program, activity, or service provided by the program to . All of the Town of Vail programs are important; however, those related to safety, public transit, nondiscrimination and public involvement are among the most important. The Town of Vail is committed to providing meaningful access and will provide written translation for any of its documents, when reasonable, effective and with the available resources. In other cases, the Town of Vail will strive to provide alternative but meaningfully accessibility. Moreover, the Town of Vail continually evaluates its programs, services, and activities to ensure that persons who may be LEP are always provided with meaningful access. Factor 4: The resources available for LEP outreach, as well as the costs associated with that outreach. The Town of Vail makes every effort to make its programs, services, and activities, accessible to LEP individuals. The Town of Vail will use available resources, both internal and external to accommodate reasonable requests for translations. Item # 2 Description of how Language Assistance Services are Provided, by Language The Town of Vail has identified, developed, and uses the following: a) The Town of Vail has developed partnerships with local agencies, organizations, law enforcement, colleges/universities, local school districts and social service agencies that are available to assist with its LEP responsibilities. Item # 3 Description of how LEP Persons are Informed of the Availability of Language Assistance Service In order to ensure that LEP individuals are aware of language assistance measures, the Town of Vail provides the following: Title VI Program including the Language Assistance Plan is made available on the Town of Vail website and a hard copy is available in the transit office. This information is available in other languages upon request. Please contact info@vail.gov for more information. Item # 4 Description of how the Language Assistance Plan is Monitored and Updated The Town of Vail will continue to update the LEP plan as required by U.S. DOT. At a minimum, the Title VI Plan will continue to be reviewed and updated every three (3) years in conjunction with the Title VI submission and use data from the U.S. Decennial Census or the American Community Survey as available, or when it is clear that the concentrations of LEP individuals are present in the Town of Vail service area. May 2025 Page 17 of 21 Item # 5 - Description of how Employees are Trained to Provide Language Assistance to LEP Persons The following training will continue to be provided to Town of Vail staff: Information on Title VI Procedures and LEP responsibilities. Description of language assistance services offered to the public. Documentation of language assistance requests. How to handle a potential Title VI / LEP complaint. Limited English Proficient (LEP) Resource Materials: LEP Policy It is the policy of the Town of Vail to ensure that our programs and activities, normally provided in English, are accessible to Limited English Proficiency persons and thus do not discriminate on the basis of national origin in violation of the Title VI prohibition against national origin discrimination. The Town of Vail 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. documents when certain thresholds are exceeded. At this time, no population group served by the Town meets the Safe Harbor guidelines. May 2025 Page 18 of 21 Section 9: Providing Assistance to and Monitoring Subrecipients 1. Does agency provide funding to subrecipients? No, the agency does not have subrecipients. Yes. Section 10: Title VI Equity Analysis for Facility Acquisition the displacement of persons from their residences and business may not be determined on the basis of shelters, as they are considered transit amenities. It also does not include transit stations, power substations, or any other project evaluated by the National Environmental Policy Act (NEPA) process. Facilities included in the provision include, but are not limited to, storage facilities, maintenance facilities, operations centers, etc. Has the agency built a facility? (check a response below) No, the agency has not built a facility. Yes, the agency has built a facility and completed a Title VI equity analysis to compare the equity impacts of various siting alternatives, and the analysis must occur before the selection of the preferred site. Section 11: Fixed Route Transit Providers Service Standards and Policies Town of Vail: is a fixed route transit provider is not a fixed route transit provider The Town of Vail 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. FTA Circular 4702.1B, Chapter III, Paragraph 10: All fixed route transit providers shall set service standards and policies for each specific fixed route mode of service they provide. May 2025 Page 19 of 21 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 Town of Vail has prepared standards for its fixed route operations a. Vehicle Load Vehicle Type Average Passenger Capacities Seated Standing Total Maximum Load Factor 28 32 60 2.1 b. Vehicle Headway The Town of Vail operates two primary schedules: summer and winter. Frequencies differ between the two schedule as demand is higher in the winter and lower in the summer. POLICY HEADWAYS AND PERIODS OF OPERATION (WINTER)* WEEKDAY Peak (minutes) Midday (minutes) Evening (minutes) West Vail Red 30 30 40 West Vail Green 30 30 40 West Vail Express 15 -- -- East Vail 15 15 30 Sandstone 20 30 30 Golf Course 30 60 60 Lionsridge Loop 60 60 -- Intown 5 7 10 * Approximate Periods - Peak: 6-11am and 2-6pm; Base 11am - 2pm; Evening 9pm-2am -- means no service is provided during that time period. May 2025 Page 20 of 21 POLICY HEADWAYS AND PERIODS OF OPERATION (SUMMER) * WEEKDAY Peak (minutes) Midday (minutes) Evening (minutes) West Vail Red 40 40 40 West Vail Green 40 40 40 West Vail Express -- -- -- East Vail 15 15 30 Sandstone 60 60 120 Golf Course 60 60 120 Lionsridge Loop -- -- -- Intown 10 10 10 * Approximate Periods - Peak: 6-11am and 2-6pm; Base 11am - 2pm; Evening 9pm-2am -- no service is provided during that time period. c. On-Time Performance On-time performance is monitored several ways. The Dispatch Office is staffed during all hours of operations. All buses have two-delays due to traffic/weather or unanticipated loading/unloading time exceptions. Printed schedules are provided with timed stops. Riders may report any delays by phone or on the website. Vail provides real-time arrival information and service alerts to passengers within the Vail Village, Lionshead, and Golden Peak corridor as well as select high demand locations outside of downtown via LED/LCD signage. Real time information is also provided via Vail specific and third party apps. d. Service Availability The route network has been developed to connect residential neighborhoods with the commercial core. The East Vail and Golf Course routes serve the neighborhoods east of downtown. The West Vail Red, West Vail Green, Sandstone, and Lionsridge Loop routes serve the neighborhoods west of downtown. The Intown route acts as circulator connecting the two primary commercial downtown neighborhoods (Vail Village and Lionshead). The West Vail Express connects the Vail Transportation Center to the West Vail Mall commercial area. Approximately 95% of all housing units in Vail are located within a ½ mile walking buffer of a bus stop. May 2025 Page 21 of 21 Service Policies FTA requires fixed route transit providers to develop a policy for service indicators. The Town of Vail has prepared the following policies for its transit system. a. Distribution of Transit Amenities Bus stop signs are located along the route. The signs are provided and maintained by the Town of Vail Public Works Department. Printed and digital information is available on each vehicle. Route maps and visitor information are also posted on each vehicle. Waste receptables are placed throughout the Town. Shelters or other amenities are provided at all major stops. b. Vehicle Assignment Vehicles are assigned based on performance/range requirements. Battery electric buses are generally assigned to shorter duties while diesel buses are assigned to longer duties. All vehicles have the same passenger amenities and capacities.