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HomeMy WebLinkAbout5I Transit Policy Manual o .� Pxr ti � v 4646 Dakota Street SE Prior Lake, MN 55372 `�INtvsso��' CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 25, 2013 AGENDA #: 51 PREPARED BY: JANE KANSIER, ASSISTANT CITY MANAGER PRESENTED BY: JANE KANSIER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A TRANSIT POLICY MANUAL FOR THE CITY OF PRIOR LAKE LAKER LINES TRANSIT DISCUSSION: Introduction The purpose of this agenda item is to adopt a Transit Policy Manual for the City of Prior Lake transit services as required by the Federal Transit Administration (FTA). His tON In its role as a transit provider, the City of Prior Lake receives federal financial assistance in the form of buses and grants. This assistance requires the City comply with certain federal regulations. The Transit Policy Manual provides the mechanism to satisfactorily demonstrate the City's contracted bus service providers are also in compliance with applicable federal regulations and that the City is adequately monitoring that compliance. The Policy Manual sets the procedures to satisfactorily demonstrate the City of Prior Lake is providing adequate monitoring, oversight and control over its federally funded facilities and vehicles. Current Circumstances The attached Transit Policy Manual includes the following sections: Section 1: Americans with Disabilities Act (ADA) to ensure persons with disabilities have access to public transportation. Section 2: Drug and Alcohol to ensure the contractor has a drug and alcohol policy and to ensure the City will monitor the contractor for compliance. Section 3: Title VI of Civil Rights to ensure no person is excluded from participation in, or denied the benefits of transit services on the basis of race, color, or national origin, as protected by Title VI in Federal Transit Administration Section 4: Maintenance to ensure the City will take the appropriate steps to monitor and document compliance with the Contract Requirements for vehicle maintenance. Section 5: Procurement to set forth the general procurement policy that will govern the conduct of the procurement activities of the City of Prior Lake when Federal Transit Administration (FTA) grant funds are involved for construction projects related to Prior Lake Laker Lines transit facilities. Section 6: Safety and Security to set forth a general safety and security policy that will govern the safety and security activities of the City of Prior Lake related to transit services. Section 7: Satisfactory Continuing Control to set forth the general policy to ensure the City of Prior Lake will maintain control over real property, facilities, and equipment used in transit service. Section 8: Grant Management to set forth the general policy that will govern (where applicable) the City of Prior Lake financial and technical management of FTA Grants consistent with FTA Circular 5010.1 D when the City of Prior Lake is a direct recipient of FTA Grant funds. Conclusion Staff recommends approval of the attached Transit Policy Manual. ISSUES: In order to receive federal funds, we must comply with federal regulations. The A Title VI Plan is a required component of our transit operations. The policy has been reviewed by the Metropolitan Council staff and they have determined it complies with federal requirements. Prior Lake is obliged to follow these guidelines where it operates the transit system directly as in Laker Lines or Blue Xpress or indirectly if the City Council ultimately approves an agreement with the Minnesota Valley Transit Authority (MVTA). FINANCIAL There is no financial impact as a result of adopting this plan. There could be a IMPACT: negative financial impact if we do not approve such a policy and as a result do not remain in compliance with Federal Guidelines. ALTERNATIVES: There are three alternatives for the City Council to consider: 1. Adopt a resolution approving the attached Transit Policy Manual. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item to a certain date in the future. RECOMMENDED Staff recommends alternative #1. This requires the following motion: MOTION: A motion and second to approve the resolution approving the attached Transit Policy Manual. �� PRtO� ti � U r� 4646 Dakota Street SE �INx�so'��' Prior Lake, MN 55372 RESOLUTION 13•xxx A RESOLUTION APPROVING THE CITY OF PRIOR LAKE LAKER LINES TRANSIT POLICY MANUAL Motion By: Second By: WHEREAS, The City Council recognizes the value of providing quality, cost-effective transit services for the Prior Lake community; and WHEREAS, The City's 2030 Vision and Strategic Plan identifies addressing transit needs as a goal in providing economic development, mobility and a better quality community; and WHEREAS, The City from time to time receives Federal financial assistance through the Metropolitan � Council in the form of buses and grant funds; and WHEREAS, The Transit Policy Manual is adopted in compliance with Federal Transit Administration requirements. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City of Prior Lake Transit Policy Manual is approved. PASSED AND ADOPTED THIS 25T" DAY OF NOVEMBER 2013. YES NO Hedber Hedber Keene Keene McGuire McGuire Morton Morton Souku Souku Frank Boyles, City Manager � http:/lsplashlteamslamlOctober 4 2010INovember 25. 20131Transit Policy Manual resolution 11-25-13 doc CITY OF PRIOR LAKE TRANSIT POLICY MANUAL Adopted November 25, 2013 INTRODUCTION The purpose of this Transit Policy Manual is to provide a general framework on how the City of Prior Lake will govern its transit operations. More specifically, the Policy Manual is directed towards ensuring compliance with all applicable federal regulations as condition to receiving federal funds for vehicles and facilities. The Policy Manual provides the mechanism to satisfactorily demonstrate the City's contracted bus service providers are also in compliance with applicable federal regulations and that the City is adequately monitoring that compliance. The Policy Manual sets the procedures to satisfactorily demonstrate the City of Prior Lake is providing adequate monitoring, oversight and control over its federally funded facilities and vehicles. The implementation of the Policy Manual will result in an environment to help ensure the City's transit services and facilities are operated in safe, reliable, and cost-effective manner, and are made available to the general public regardless of race, color, national origin or disability. The Policy Manual includes the following sections: Section 1: Americans with Disabilities Act (ADA) Section 2: Drug and Alcohol Section 3: Title VI of Civil Rights Section 4: Maintenance Section 5: Procurement Section 6: Safety and Security Section 7: Satisfactory Continuing Control Section 8: Grant Management The above sections may be amended or added to from time to time as the situation dictates or as federal policies change. The date of material revisions to the Policy Manual will be recorded below: Date: / Sections: Date: / Sections: Date: / Sections: Date: / Sections: Date: / Sections: Date: / Sections: City of Prior Lake Transit Policy Manual 1 SECTION 1: AMERICANS WITH DISABILITIES ACT (ADA) Introduction In 1990 the Americans with Disabilities Act (ADA) was enacted. This legislation ensures that persons with disabilities have access to public transportation. The City of Prior Lake and its subcontractors are committed to full compliance with the Federal ADA law 49 CFR 37.1. This means all buses, services and facilities must be fully-accessible and all employees properly trained to meet the all the requirements of the law. As a result, the City of Prior Lake has the following ADA policies for Prior Lake Laker Lines. Training Prior Lake Laker Lines shall require all required personnel and contractors are trained to proficiency, as appropriate to their duties, so that they operate vehicles and equipment safely and properly assist and treat individuals with disabilities who use the service in a respectful and courteous way, with appropriate attention to the difference among individuals with disabilities. This training will be in accordance with specified requirements of 49 CFR 37.1 Communication Prior Lake Laker Lines will make available to individuals with disabilities adequate information concerning transportation services. This obligation includes making adequate communications capacity available, through accessible formats and technology, to enable users to obtain information and schedule service. Documentation of Maintenance, Failures and Incidents Prior Laker Lines and its subcontractors will document and record information related to buses and facilities: 1. When conducting routine and scheduled maintenance on ADA related equipment and facilities. 2. When making repairs to ADA related equipment and facilities. 3. When failures or defects occur related to ADA related equipment and facilities 4. When an emergency, unusual situation or accident occurs with ADA related equipment and facilities and/or with a person with a disability. 5. Contracted bus service providers will maintain monthly reports on ADA related equipment and facilities. 6. The City of Prior Lake transit staff will obtain and review copies of these reports on a quarterly basis. 7. The City of Prior Lake will retain the records per applicable State of Minnesota Data Practices laws. Facility and Vehicle Design Requirements All Prior Lake Laker Lines facilities and vehicles shall be designed, constructed and/or manufactured to meet or exceed the minimum requirements for accessibility per 49 CFR 37.1. Maintenance of Lifts Prior Lake Laker Lines and its subcontractors will establish a system of regular and frequent maintenance checks of lifts sufficient to determine if they are operative. Appropriate documentation of this procedure shall occur. Contracted bus service providers will maintain City of Prior Lake Transit Policy Manual 2 monthly maintenance report. Prior Lake transit staff will obtain and review copies of these reports on quarterly basis. Pre-Trip Vehicle Inspection All transit vehicle operators must complete a pre-trip inspection of the entire bus including all accessibility equipment prior to leaving bus garage facilities. Specifically, activate the lift and put it through one complete cycle, check the jump seat and tie-downs. If a defect is detected or failure occurs during the pre-trip test, contact dispatch immediately to request a replacement vehicle. Drivers are to document each pre-trip test. Accessible Bus Stops Operators should use their best judgment as to whether the lift/ramp can be deployed without damaging it, at any bus stop or pick-up/drop-off location. If the lift/ramp cannot be deployed safely, politely inform the customer that they have to use another accessible stop. Immediately contact dispatch or your supervisor to inform them of the situation. Awareness and Sensitivity Operators are expected to be courteous to all customers at all times. Increased awareness and sensitivity to the needs of riders using accessible buses is required. Operators are expected to ask customers how they can help, and then provide the required assistance. This includes leaving the bus operator's seat when required. Operators are also expected to treat other customers courteously when asking them to move or otherwise accommodate a customer with a disability. Conforming Mobility Aids All people using mobility devices meeting the ADA definition of a common wheelchair shall be accommodated on Prior Lake Laker Lines services. Under certain circumstances, Prior Lake Laker Lines will allow the transportation of users of non-conforming devices. All common mobility aids shall be transported and properly secured. A common mobility aid is any class of three- or four-wheeled device that is usable indoors and designed for and used by individuals with mobility impairments. It may be operated manually or powered. A common mobility aid does not exceed 30 inches in width and 48 inches in length (measured two inches above the ground) and does not weigh more than 600 pounds when occupied. Vehicles may not be able to accommodate mobility aids exceeding these standards. Reasonable efforts shall be made to transport persons in oversized mobility aids. However, transportation cannot always be guaranteed to a person in an oversized mobility aid and suggestions for alternative transportation shall be provided upon request Wheelchair Handling Procedures Operators will be trained in and must follow proper wheelchair handling procedures. These include boarding and alighting procedures, wheelchair maneuvering, and wheelchair locking/unlocking procedures. Training specifics are addressed later in this chapter. Boarding and Alighting Using the Lift/Ramp All operators need to take special care in curbing the bus. The bus must be at least one foot, but not further than three feet from the curb with the lift/ramp in the most convenient position to the border. At the same time, operators must be aware of traffic conditions around them and be City of Prior Lake Transit Policy Manual 3 careful to avoid blocking traffic flow. Prior Lake Laker Lines shall ensure that adequate time is provided to allow individuals with disabilities to complete boarding or disembarking from the vehicle. The following guidelines for boarding lift customers may not always be applicable. Good judgment is the most important rule. 1. Lift/ramp Procedures — Customers in Wheelchairs a. Stop and secure the bus. Board customers in wheelchairs first. b. Ask the customer using the lift/ramp if they are first-time customers. Take special care with first-time users. Ask the customer what type of assistance is required. Many wheelchair-assisted customers are capable of maneuvering their chairs onto the lift/ramp and into the securement area on the bus, and securing their chairs. c. With the bus properly secured, prepare it for boarding a lift/ramp customer; jump seats may have to be cleared of customers and then lifted and locked into the upright position. If jump-seat customers refuse to move, do not try to force them. Contact dispatcher or your supervisor for assistance. d. Operators should first offer assistance, and then provide the level of assistance required or requested by the customer. Extend the lift/ramp and ensure the rider is securely strapped into his/her wheelchair. The wheelchair should normally be backed onto the lift/ramp (if a rider in a wheelchair wants to board a bus facing inward, you may allow it). Assist the customer in a wheelchair by pulling the wheelchair as close to the right side as possible. ALWAYS set the brakes on the wheelchair before moving the lift/ramp. Power chairs should be shut off as well. Release the brake and maneuver the wheelchair onto bus. Stow the lift/ramp and then go back and secure the wheelchair. Many customers in wheelchairs are capable of maneuvering their chairs onto the lift/ramp, into the securement location where they are able to secure themselves. Operators must check to insure that every wheelchair is properly secured before moving the bus. e. To stow the lift/ramp, activate both switches and return the Lift/ramp to the stow position in one continuous motion. Continue to hold the switches to the count of three after the lift is stowed to insure that the latching mechanism is in place. f. In the event of lift/ramp failure, contact dispatch or your supervisor for additional instructions. g. If you stop the lift at any time during the stow cycle, start the whole cycle over. h. Anyone standing on the lift and riding it should be warned to watch head clearance. i. Driver must secure any wheelchair after the passenger boards and before continuing to the next destination. Whenever you secure a wheelchair with the tie- downs, you should also routinely fasten the lap belt. However, if the customer requests not use the lap belt, honor the request. If the customer secured his or her own wheelchair on the bus, you are required to visibly check to be sure the chair is properly secured before the bus is moved. j. Alighting of lift/ramp assisted customers should be done in the same safe manner but in reverse order after customers who do not need assistance have alighted. k. If attendant is along, he/she may ride the lift with the disabled person and ride for free. Attendants riding with customers in wheelchairs may not know the proper City of Prior Lake Transit Policy Manual 4 boarding and alighting procedures. They should be instructed as to the proper procedures. I. Attendants riding with customers in wheelchairs should not be permitted to operate the lift. Attendant or customer in wheelchair may assist in securing the wheelchair, but securement must be checked by bus operator. m. During inclement weather bus stops may not be cleared of snow or other obstacles. Therefore, operators may be required to provide extra assistance to customers with disabilities. Any bus stops that are not clear, safe and functional should be reported immediately to the Metro Transit Control Center. 2. Lift/ramp Procedures — Ambulatory Customers In addition to persons in wheelchairs, the lift/ramp may be used by ambulatory persons who request it. Operators should avoid judging whether or not a person needs the lift. Provide the lift for any customer who requests it. a. After positioning the bus for safe and convenient operation of the lift/ramp, put the bus into neutral, set the brake, turn on four-way flashers and open the door to allow customers who are able-bodied to alight from the bus. Board customers using a wheelchair before boarding able-bodied customers. b. Assist the ambulatory customer onto the lift/ramp as appropriate. Make sure customer grabs onto handrail. Advise him/her to keep arms, elbows, etc. inside handrails. c. Tell the customer the lift/ramp will be activated. d. Warn the customer about head clearance. e. After lift/ramp stops, assist the customer in walking to seat as needed. f. Assist customer with paying fare as you would a person in a wheelchair. Wheelchair Transfers to Regular Seats On occasion, a person in a wheelchair may be able to transfer from his/her wheelchair to a regular bus seat. Accommodate customers who choose this option. If the bus is able to kneel, use this feature as operators feel appropriate. In either case, the wheelchair or other mobility aid should be folded and safely stored while on the bus. If you encounter a situation where a disabled person attempts to board the bus with a personal assistance device that cannot be safely carried because of its size or weight, seek direction from a supervisor. When Boarding Persons in Wheelchairs Is Not Possible Please exercise sensitivity and good judgment when faced with the decision to pick up or pass up a disabled person in a wheelchair. Being behind schedule is not an acceptable reason for not boarding a person who is disabled. Generally speaking, failing to board a disabled customer is permitted only: 1. When all wheelchair tie-down locations are filled with other persons in wheelchairs. 2. When the bus is filled to capacity with a standing load. If there are standing customers but the bus is not full, operators should make every reasonable and courteous effort to have standing customers move out of the way in order to allow a person in a wheelchair to board and be secured in a wheelchair location. If the bus is too crowded with City of Prior Lake Transit Policy Manual 5 standing customers to board a person in a wheelchair, it is also too crowded to board any additional standing riders. 3. When street conditions make it unsafe or impossible to do so. 4. When the wheelchair size or design does not work on the lift or makes it impossible to tie-down, or 5. When the lift does not work. Whenever you must pass up a person in a wheelchair, stop and briefly explain to the rider why he/she cannot be picked up and when the next bus is due (keep a schedule on hand for your reference). In all circumstances, notify dispatch of the situation so the dispatcher or supervisor can make a determination about sending assistance to the passed-up customer. The following information should be given to your dispatcher or supervisor: 1. Location and direction of travel 2. Time 3. Reason for the pass-up Severe weather, extreme heat and cold are serious risks to some disabled persons. It is especially important to board disabled customers under these conditions. Make every effort to see that they are safe. Breakdown/Defective Bus Procedures In the event of a breakdown of an accessible bus while in service, the operator should: 1. Follow established procedures to contact dispatcher or your supervisor for assistance. 2. Identify yourself, and then state the bus ID number, route, run direction and location. 3. Indicate if there are lift-assisted customers on the bus so that they can receive priority consideration. 4. Describe the defective situation to supervisor and follow supervisor's instructions. 5. If the lift is the problem, contact dispatcher or maintenance for troubleshooting assistance. Do not ask other customers to lift a person in a wheelchair onto or off the bus. 6. Inform passengers of the problem and keep them informed of the progress. 7. Secure the area and set out the triangles if it is safe to do so. The bus operator will be required to assist customers transferring to the replacement bus. Emergencies, Incidents, Accidents In the event of an emergency, unusual situation or accident, operators should generally follow standard emergency procedures. Contact dispatch or your supervisor immediately to ensure needed emergency assistance can be dispatched. Operators with lift-assisted riders on board should be particularly observant of them so that any illness can be detected and responded to quickly. If a bus is involved in an incident and there is no imminent danger, the operator should not remove the lift/ramp - assisted customers. If a lift/ramp - assisted rider is injured, wait for aid on City of Prior Lake Transit Policy Manual 6 the bus. Remove a lift/ramp assisted customer only if it is dangerous to leave him/her on the bus. In accidents or emergencies arise requiring customers to leave the bus, first direct non-disabled riders to the exit. Operators should next safely assist disabled clients in exiting the bus. If the lift/ramp still does not work and there is no time, get the customer to the door and off the bus any way possible. It may be possible to lower a person in a standard wheelchair down the steps of the bus. Always lower a customer in a wheelchair forward down the steps of the bus. An electronically powered wheelchair is too heavy to be lowered down the steps. The customer will have to be lifted out of the wheelchair and helped off the bus. Emergency procedures for a variety of specific situations will be presented to operators in training. It is expected that such procedures will be followed. All emergencies should be properly reported to dispatch and your supervisor. Respirator or Oxygen Supply Prior Lake Laker Lines will not prohibit an individual with a disability from traveling with a respirator or portable oxygen supply, consistent with applicable Department of Transportation rules on the transportation of hazardous materials (49 CFR Subtitle b, chapter 1, subchapter c). Service Animals Prior Lake Laker Lines will permit service animals to accompany individuals with disabilities in vehicles and facilities. Announcing Stops Drivers of Prior Lake Laker Lines buses shall announce stops as follows: 1. The driver shall announce at least at transfer points with other fixed routes, other major intersections and destination points, and intervals along a route sufficient to permit individuals with visual impairments or other disabilities to be oriented to their location. 2. The driver shall announce any stop on request of an individual with a disability 3. Drivers are required to announce to persons outside the bus at stops the route number, plus the direction and destination where necessary to clearly identify the trip to waiting passengers. Passengers with Visual Impairments When waiting at a bus stop, passengers with visual impairments who use a white cane or service animal need to ensure that their cane or dog is visible to approaching bus operators. When the operator observes these aids, the operator must stop the bus, open the door, and state the route and destination of the bus. Operators pulling up to bus stops that serve multiple routes must be particularly careful to announce the route to all passengers waiting at the bus stop. The passenger must let the operator know if the bus is the one that they need to board Passengers with Hearing Impairments If a driver is aware that a customer is hearing-impaired, the driver will need to make special efforts to communicate effectively. This may include looking straight at the customer when you talk so the customer can read your lips, and writing information down. City of Prior Lake Transit Policy Manual 7 Priority Seating and Reserved Seating Upon request, bus operators shall ask, but not require passengers to yield priority seating at the front of the bus to persons with disabilities and seniors. Mobility aid securement areas on buses are reserved. Passengers using common mobility aids shall be boarded if the securement areas are not otherwise occupied by a mobility device, regardless of the number of passengers on the bus. Bus operators are required to ask passengers sitting in securement areas to move to other available seats or to stand Complaint Process Customers wishing to file a complaint regarding discrimination due to disability shall contact the City of Prior Lake's Assistant City Manager to initiate the complaint process. The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring of public transportation, which includes ensuring that providers properly implement the Americans with Disabilities Act of 1990. As result, the City of Prior Lake will follow the complaint procedures developed for and included in its Title VI Plan. All contracted providers will also be required to adopt a similar complaint process. Monitoring Compliance Prior Lake Laker Lines will take the appropriate steps to monitor and document compliance with its adopted ADA policies, including requiring that its contracted bus service provider adopt the appropriate policies and procedures to monitors compliance with the applicable sections of this ADA chapter. Compliance monitoring will include annual vehicles inspections, ride alongs, facility site visits; thorough investigation of any ADA related complaints, and the completion and submittal of the form in Appendix A on a quarterly basis. On an annual basis, the contractor shall submit a report demonstrating and documenting that all required employees received the proper ADA training per this policy. On an annual basis, Prior Lake Laker Lines will conduct service monitoring using the forms included in Appendix B to document driver compliance with ADA requirements. A sampling of drivers will be observed. SECTION 2: DRUG AND ALCOHOL Contract Requirements The Contractor shall have in place a drug and alcohol testing policy and program meeting the requirements of the Federal Transportation Administration (FTA) Final Rules, 49 CFR PART 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations. Monitoring Compliance Prior Lake Laker Lines will take the appropriate steps to monitor and document compliance with the Contract Requirements. Compliance monitoring will include quarterly inspections of the Contractor's policy and any drug and alcohol testing records. City of Prior Lake Transit Policy Manual 8 Reporting The Contractor must certify annually in writing to Prior Lake's Authorized Representative that the company's drug and alcohol policy/program is: 1. In full compliance with the Federal Transit Administration regulations; regardless of its compliance with other rules such as general DOT and FHWA. The FTA regulations supersede the DOT and FHWA. 2. All safety-sensitive employees assigned to this Contract are subject to drug and alcohol testing. The Contractor must submit a properly completed FTA Management Information System annual report summarizing the test results for employees assigned to this Contract from the previous calendar year to Prior Lake's Authorized Representative. SECTION 3: TITLE VI OF CIVIL RIGHTS Introduction: The Prior Lake City Council adopted the following Title VI Plan on January 28, 2013, with Resolution #13-038. Plan Statement Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground 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" (42 U.S.C. Section 2000d). The City of Prior Lake is committed to ensuring that no person is excluded from participation in, or denied the benefits of transit services on the basis of race, color, or national origin, as protected by Title VI in Federal Transit Administration (FTA) Circular 4702.1.A. This plan was developed to guide the City of Prior Lake in administration and management ofTitle VI-related activities. Title VI Manager Contact information is as follows: Frank Boyles, City Manager City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Pho ne: 952-447-9800 Title VI Information Dissemination Title VI information posters shall be prominently and publicly displayed in the City of Prior Lake's facilities and on their revenue vehicles. The name of the Title VI Manager is available on the website, at www.citvofpriorlake.com. Additional information relating to nondiscrimination obligations can be obtained from the Title VI Coordinator. City of Prior Lake Transit Policy Manual 9 Title VI information shall be disseminated to the City of Prior Lake employees annually via internal memorandum. This memo will remind employees of The City of Prior Lake's policy statement, and of their Title VI responsibilities in their daily work and duties. During New Employee Orientation, new employees shall be informed of the provisions of Title VI, and the City of Prior Lake's expectations that employees will perform their duties accordingly. All employees shall be provided a copy of the Title VI Plan and are required to sign the Acknowledgement of Receipt (see Appendix C). Subcontracts and Vendors All subcontractors and vendors who receive payments from the City of Prior Lake where funding originates from any federal assistance are subject to the provisions of Title VI of the Civil Rights Act of 1964 as amended. Written contracts shall contain non-discrimination language, either directly or through the bid specification package which becomes an associated component of the contract. Record Keeping The Title VI Manager will maintain permanent records, which include, but are not limited to, signed acknowledgements of receipt from the employees indicating the receipt of the of Title VI Plan, copies of Title VI complaints or lawsuits and related documentation, and records of correspondence to and from complainants, and Title VI investigations. Title VI Complaint Procedures A complainant may file a signed, written complaint up to one hundred and eighty (180) days from the date of the alleged discrimination. The complaint should include the following information: 1. Contact information including: Name, mailing address, telephone number, cell phone number and email address 2. Description of the incident including how, when, where and why you believe you were discriminated against. Names and contact information for all witnesses. 3. Other relevant information A complainant may use the Complaint Form in Appendix D for this purpose. Title VI complaints are to be submitted in writing to the Title VI Manager at the following address: Frank Boyles, City Manager City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 City of Prior Lake Transit Policy Manual 10 It is the responsibility of the complainant to certify all mail that is sent through the U.S. Postal Service and/or ensure that all written correspondence can be tracked. For complaints originally submitted by facsimile, an original, signed copy of the complaint must be mailed to the Title VI Manager as soon as possible, but no later than 180 days from the alleged date of discrimination. All complaints alleging discrimination based on race, color or national origin in a service or benefit provided by the City of Prior Lake will be directly addressed by the City of Prior Lake. The City shall provide appropriate assistance to complainants, including those persons with disabilities, or who are limited in their ability to communicate in English. Additionally, The City of Prior Lake shall make every effort to address all complaints in an expeditious and thorough manner. The City of Prior Lake will, within seven (7) working days or receipt of a complaint, mail a letter to the address provided by a complainant, which letter will acknowledge receipt of the complaint. In the event that the City o# Prior Lake requests additional information from a complainant and the complainant fails to provide the requested information, the City of Prior Lake shall reserve the right to administratively close the complaint. All complaints will be thoroughly investigated. The investigation will be conducted in a full, fair and impartial manner by the Title VI Manager. Results of the investigation will be presented to the Prior Lake City Council for a determination. Every effort will be made to respond to Title VI complaints within 60 working days of receipt of such complaints. Complaints will be determined to be substantiated, not substantiated or inconclusive. Following the investigation, the City of Prior Lake will send a final written response letter to the complainant identifying the final determination. In the letter notifying complainant of the City's determination, the complainant will be advised of his or her right to: 1. Appeal within seven (7) calendar days of receipt of the final written decision from , and/or 2. File a complaint externally with the U.S. Department of Transportation and/or the FTA. In addition to the complaint process described above, a complainant may file a Title VI complaint with the following offices: Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor—TCR 1200 New Jersey Ave., SE Washington, DC 20590 Limited English Proficiency (LEP) Plan The City of Prior Lake has developed this limited English Proficiency Plan (LEP) to help identify reasonable steps to provide language assistance for LEP persons seeking meaningful access to Prior Lake services including express and summer circulator and shuttle transportation services as required by Executive Order 13166. 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. City of Prior Lake Transit Policy Manual 11 This plan details procedures on how to identify a person who may need language assistance, the ways in which assistance may be provided, training staff, how to notify LEP persons that assistance is available, and information for future plan updates. In developing the plan, the City of Prior Lake undertook a U.S. Department of Transportation four factor LEP analysis which considered the following: 1. Number or proportion of LEP persons eligible in the City of Prior Lake service area who may be served or likely to encounter a The City of Prior Lake program, activity, or service; 2. Frequency with which LEP individuals come in contact with The City of Prior Lake services; 3. Nature and importance of the program, activity or service provided by The City of Prior Lake to the LEP population; and 4. Resources available to The City of Prior Lake and overall cost to provide LEP assistance. A brief description of these considerations is provided in the following section. See Appendix E for copy of LEP Plan. Community Outreach As an agency that may from time to time receive federal financial assistance, we have made or will be making the following community outreach efforts to engage the public in planning and decision-making processes, as well as its marketing and outreach activities: 1. The public will be invited to participate in the process whether though public meetings or surveys. 2. When a change to an existing service or addition of new service is proposed, the City of Prior Lake may convene a public meeting to discuss feasibility and to welcome suggestions. 3. Citizens and passengers may call the City of Prior Lake at 952-447-9812 to lodge a complaint or comment. All complaints/comments are input into a database and then distributed to a designated the City of Prior Lake employees to research and respond to the complaint. SECTION 4: MAINTENANCE Contract Requirements Specific maintenance requirements for Prior Lake Laker Lines buses are outlined in the Contract between the City of Prior Lake and Schmitty and Sons Transportation, Inc., dated November 13, 2012. Monitoring Compliance Prior Lake Laker Lines will take the appropriate steps to monitor and document compliance with the Contract Requirements. Compliance monitoring will include visual inspections of the Quarterly Reports for each bus outlining the following: 1. Vehicle miles; City of Prior Lake Transit Policy Manual 12 2. Mechanical failures — Major, defined as failures of the engine, transmission or drive axel; 3. Mechanical failures — Other; 4. Gallons of fuel used; 5. Number of repeat repair orders; 6. Engine overhauls or replacement; 7. Transmission overhauls or replacement; 8. Number of services performed. This report is to state whether or not the number of services performed was within the mileage and timeframe specified; 9. Vehicles serviced. This report is to include the mileage, date of last service, service type (level), and the labor hours to perform service; 10. Accident/Incident Summary Report—This report shall summarize all accidents and Incidents during the preceding month. This shall include, but not be limited to, all road calls, missed trips, late trips, and passenger Incidents and/or complaints. Road calls shall be as defined by the National Transit Database reporting system; 11. Repair orders. This report is to include the mileage, the type of repair performed, and the labor hours to perform the repair; 12. Any corrections compteted based on outstanding audit reports; 13. Vehicle Wash list - interior and exterior, detail; 14. Breakdown log; and 15. Warranty issues. Out-of-Service Report An out-of-service report must be provided to Prior Lake detailing the reason a vehicle(s) is out- of-service, what is being done to fix it and when the vehicle is expected back in service. SECTION 5: PROCUREMENT Introduction The purpose of this Procurement policy Statement is to set forth the general procurement policy that will govern the conduct of the procurement activities of the City of Prior Lake when Federal Transit Administration (FTA) grant funds are involved for construction projects related to Prior Lake Laker Lines transit facilities. Note: If the City of Prior Lake receives federal funding for a specific project throuqh the Minnesota Department of Transportation's O�ce of Metro State Aid, the application and implementation of this chapter may vary from what is stated below. American Institute of Architects (AIA) documents and contrads will be used for projects manaqed through Minnesota Department of Transportation's O�ce of Metro State Aid. Policy Action and Compliance All procurement transactions, regardless of whether by sealed bid or by negotiation, and without regard to dollar value, shall be conducted in a manner that provides maximum open and free competition, consistent with applicable regulations of the Federal Transit Administration ("FTA"), including but not limited to " Third Party Contracting Guidelines," regulations of the Department of Transportation at 49 CFR Part 18, and State of Minnesota laws. It is the City of Prior Lake's federal transit procurement policv for transit facilities to ensure open and free competition wherever possible, to maximize competitive opportunities, and to encourage a competitive environment for contractors and vendors competing for City of Prior Lake Laker Lines transit contracts. As part of this Procurement Policy Statement, placing City of Prior Lake Transit Policy Manual 13 unreasonable requirements on contractors and vendors in order for them to qualify to do business with the City of Prior Lake shall not be advanced as a way to restrict fair and open competition. All federally funded construction projects exceeding $100,000 in value will be procured via a sealed bid process awarding the contract to the lowest responsive bidder. A"Project Manual" will be developed with all the appropriate instructions, clauses, forms, certifications, specifications, drawings, and contract that will comprise the bid documents. The project will be advertised per applicable federal and state laws. If applicable, the bidding documents will include information and requirements related to the following Federal clauses: 1. � America Requirements 2. Buv America Requirements 3. Charter Bus and School Bus Requirements 4. Car�o Preference Requirements 5. Seismic Safetv Requirements 6. Ener�v Conservation Requirements 7. Clean Water Requirements 8. Bus Testin� 9. Pre-Award and Post Deliverv Audit Requirements 10. Lobbyin� 11. Access to Records and Reports 12. Federal Chan�es 13. Bondin� Requirements 14. Clean Air 15. Recvcled Products 16. Davis-Bacon and Copeland Anti-Kickback Acts 17. Contract Work Hours and Safetv Standards Act 18. Reserved 19. No Government Obli�ation to Third Parties 20. Pro�ram Fraud and False or Fraudulent Statements and Related Acts 21. Termination 22. Government-wide Debarment and Suspension (Nonprocurement) 23. Privacv Act 24. Civil Ri�hts Requirements 25. Breaches and Dispute Resolution 26. Patent and Rights in Data 27. Transit Emplovee Protective A�reements 28. Disadvanta�ed Business Enterprises (DBE) 29. Reserved 30. Incorporation of Federal Transit Administration (FTA) Terms 31. Dru� and Alcohol Testin� SECTION 6: SAFETY AND SECURITY Introduction The purpose of this chapter is to set forth a general safety and security policy that will govern the safety and security activities of the City of Prior Lake related to transit services. The goal of City of Prior Lake Transit Policy Manual 14 this policy is to achieve the highest practical level of safety and security for all aspects of its transit services and facilities that is accordance with all applicable FTA suggested practices. In order to protect passengers, employees, contractors, revenues, and property, transit systems need to develop and implement a proactive system safety program plan. The City of Prior Lake supports these efforts by implementing the components listed below designed to prevent public transportation fatalities, injuries, property damage and system interruption, and to ensure the capability to respond effectively to those accidents, security incidents, and emergencies that do occur. Rider Awareness and Preparedness for General Safety and Security As a resource, transit employees provide a wealth of specialized knowledge and on-the-job experience. Likewise, transit passengers contribute to the security equation by providing extra ', eyes and ears capable of identifying possible life-threatening situations. When transit employees and transit passengers pool these resources, the result is a highly_effective first line of defense against a potential natural or man-made disaster. As a result, Prior Lake Laker Lines will ask riders to be alert, informed, and prepared by providing them with the awareness and preparedness tips listed in Appendix F of this policy. The tips are included on the BlueXpress website, and will be place on the buses as a flyer from time-to-time. Safety and Security Plans by Contracted Bus Providers The Contracted Bus Provider shall submit a Safety plan to the City. This plan shall be attached to the approved contract documents. Cell Phone Policy Use of cell/mobile phones or other handheld devices by City of Prior Lake employees is strictly prohibited while operating transit vehicles. SECTION 7: SATISFACTORY AND CONTINUING CONTROL Introduction The purpose of this Satisfactory Continuing Control policy is to set forth the general policy to ensure the City of Prior Lake will maintain control over real property, facilities, and equipment used in transit service. Use of Project Property, Facilities and Equipment The City of Prior Lake agrees to maintain continuing control of the use of grant funded property, facilities and equipment to the extent satisfactory to FTA. For the rest of this section, the federally funded property, facilities and equipment will be referred to as the "asset". Asset is to be used in the programs or project for the purpose it was acquired as long as needed, whether or not the program or project continues to be supported by Federal funds. The City of Prior Lake further agrees to notify FTA immediately when any asset is withdrawn from project use or when any asset is used in a manner substantially different from the representations the City of Prior Lake has made in its Application or in the Project Description for the Grant Agreement or Cooperative Agreement for the Project. The City of Prior Lake agrees it will not execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, subagreement, grant anticipation note, City of Prior Lake Transit Policy Manual 15 alienation, innovative finance arrangement, or any other obligation pertaining to project asset, that in any way would affect the continuing Federal interest in that project asset, without written FTA approval. Maintenance The City of Prior Lake agrees to maintain project asset in good operating order, in compliance with any applicable Federal laws and regulations in accordance with applicable Federal directives, except to the extent that FTA determines otherwise in writing. Records The City of Prior Lake agrees to keep satisfactory records or databases pertaining to the use of the asset, and submit to FTA upon request such information as may be required to assure compliance. Asset records or database will include: 1. Description of the asset, 2. Identification number, 3. Source of property (the grant project number under which it was procured), 4. Acquisition date, 5. Cost, 6. Percentage of Federal participation in the cost, 7. Location, 8. Use and condition, 9. Useful life , 10. Any disposition data, including the date of disposal and sale price, or, where 11. Applicable, method used to determine its fair market value, and 12. Who holds title to the asset. A physical inventory of assets must be taken and the results reconciled with equipment records at least once every two years. Any differences must be investigated to determine the cause of the difference. Contracted bus providers are required to adopt a maintenance plan that addresses the process for handling non-routine repairs to buses as the result accidents and other incidents including documentation of the matter. Provider must inform the City how the incident or accident affects the asset in terms of intended use and useful life. FTA Approval of Changes in Real Property Ownership. The City of Prior Lake agrees it will not dispose of, modify the use of, or change the terms of the real property title or any other interest in the site and facilities used without permission and instructions from FTA. Useful Life of Project Property FTA provides a useful life policy for rolling stock, trolleys, ferries, facilities, and some equipment. Where a useful life policy has not been defined by FTA, the grantee, in consultation with the FTA regional or metropolitan office shall "make the case" by identifying a useful life period for all equipment and facilities with an acquisition value greater than $5,000 to be procured with Federal funds. City of Prior Lake Transit Policy Manual 16 Disposition or Replacement at End of Minimum Useful Life Project property to be disposed of or replaced must have achieved at least the minimum useful life. In some cases, FTA interest may still prevail. Therefore, the City must consult with Council Grant staff to ensure that FTA interest is met. Disposition before the End of Useful Life Any disposition of project property before the end of its useful life requires prior FTA approval. FTA is entitled to its share of the remaining Federal interest. The Federal interest is determined by calculating the fair market value of the project property immediately before the occurrence prompting the withdrawal of the project property from appropriate use. SECTION 8: GRANT MANAGEMENT Introduction The purpose of this section is to set forth the general policy that will govern (where applicable) the City of Prior Lake financial and technical management of FTA Grants consistent with FTA Circular 5010.1D when the City of Prior Lake is a direct recipient of FTA Grant funds. Policy Action and Compliance FTA Circular 5010.1D is provides guidance for post-award grant administration and project management activities for all applicable Federal Transit Administration (FTA) grant programs. This revision incorporates provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA—LU), and includes the most current guidance for the Federal public transportation program as of the date of the publication. These requirements are intended to assist grantees in administering FTA-funded projects and in meeting grant responsibilities and reporting requirements. Grantees have a responsibility to comply with regulatory requirements and to be aware of all pertinent material to assist in the management of federally assisted grants. Financial Management Moody's Investors Service has assigned an Aa2 rating to the City of Prior Lake. The Aa2 rating reflects the City's moderately-sized tax base, above average socioeconomic indicators, and healthy financial operations including maintenance of a strong General Fund balance The City of Prior Lake Finance Department provides financial management and accounting services for all City operations. This includes the daily financial operation of processing of accounts payable, accounts receivable, utility billing, and risk management. The department also controls the collection of revenues and investment of funds, assists in the issuance of bonds and other indebtedness of the City, and prepares periodic and annual financial and budget reports. Each year, the Finance Department prepares an Annual Financial Report. The report is prepared in accordance with generally accepted accounting principles (GAAP) as established by the Governmental Accounting Standards Board and meets the requirements of the State Auditor's Office. City of Prior Lake Transit Policy Manual 17 The independent audit of the financial statements of the City is part of a broader, federally mandated "Single Audit" designed to meet the special needs of federal grantor agencies. The standards governing Single Audit engagements require the independent auditor to report not only on the fair presentation of the financial statements, but also on the audited government's internal controls and compliance with legal requirements, with special emphasis on internal controls and legal requirements involving the administration of federal awards. These reports are available in the City's separately issued Single Audit Report. The City's annual reports are posted at http://www.citvofpriorlake.com/finance.php. In the 2012 report, the independent auditor: 1. Issued and unqualified opinion on the City's financial statements; 2. Reported no deficiencies in the City's internal control over financial reporting that were considered material weaknesses; 3. Reported the results of testing disclosed no instances of noncompliance required to be reported under Government Auditing Standards; and 4. Reported no findings based on their testing of the City's compliance with Minnesota laws and regulations. Technical Management The following points demonstrate the City of Prior Lake has the technical expertise to not only effectively and efficiently manage all aspects of transit, but any FTA grants that it might be awarded as well: 1. The City of Prior Lake established Laker Lines in 2001 under the Replacement Transit Service Demonstration legislation commonly referred as "opt-out" transit. 2. The City contracts with transit companies to provide the transit service. 3. The Scott County Transit Review Board consisting of elected representatives of Scott County, the City of Prior Lake, the City of Savage, the City of Shakopee, and others conducts transit planning for the Scott County area. The TRB completed a Unified Transit Management Plan in 2005, and updated the plan in 2008, for adoption by Scott County communities. 4. The City of Prior Lake and the City of Shakopee jointly operate BlueXpress (route 490) commuter express service to and from Minneapolis utilizing 30 trips. The commuter service utilizes two park-and-ride lots, operated jointly by Scott County, the City of Shakopee and the City of Prior Lake. A third park and ride lot is under construction and is scheduled to open in 2014. 5. The BlueXpress service has seen a 254% increase in riders since it began operating in July, 2007. 6. The express bus fleet consists of ten coach buses. 7. Presently, BlueXpress averages 750 riders per day. 8. Riders cite the following reasons why they use BlueXpress: convenient service, faster commute than driving, hassle free commute, economical, environmentally friendly, Guaranteed Ride Home program, and great customer service. City of Prior Lake Transit Policy Manual 18 Quarterly Capital Reporting The City of Prior Lake completes the quarterly capital reporting forms developed by the Metropolitan Council for all capital projects funded through that organization regardless the origin of the capital funding. NTD Reporting The City of Prior Lake annually submits NTD information to Metropolitan Council based on the Prior Lake Laker Lines operations. City of Prior Lake Transit Policy Manual 19 MONTHLY ADA REPORT BY TRANSIT PROVIDER Reporting Month: Name of Provider: Person Completing Report: Service or Contract: Number of pre-trip lift inspections this month: 1. List and describe any lift failures: 2. List and describe any routine maintenance of lifts: 3. List and describe any non-routine maintenance or repairs of lifts: 4. List and describe any customer related ADA complaints: 5. List and describe violations committed by employees of not following the ADA policy: 6. List and describe any ADA related emergency, incident, or accident: City of Prior Lake Transit Policy Manual Appendix A 20 PRIOR LAKE LAKER LINES ADA Driver Compliance Monitoring Date Route Trip # and/or Time Bus ID # Driver ID # or Description (CIRCLE ONE RESPONSE FOR EACH ITEM BELOW) Calling Out Streets/Staps '' All Some None Requirement: Driver [o call out all bus stop /oca[ions, park-and-rides and controlled intersections. COMMENTS: Serv�ce Animals None Observed Allowed Denied Requirement: Driver must allow a service animal to board with a rider. COMMENTS: Wheelchair Rider None Observed Allowed Denied Requirement: Driver cannot disallow or pass-up a riderin wheelchair device along the route or ai a stop unless the ramp or lih cannot be deployed due to mechanical reasons, bus stop conditions, or the bus is full to capacity. Driver must stop to inform rider of the situation and immediarely notify dispatch. COMMENTS: lift or Ramp Deployment None Observed Deployed Denied Requirement: Driver must deploy lih or ramp [o any rider who requests it to be deployed. COMMENTS: WheelthairSecurement None Observed Provided Not Provided Requirement: It is Metro Transit policy that the driver must assist with and ensure that all mobility devices are properly secured. COMMENTS: Boardi� Time None Observed Adequate Not Adequate Requirement: Driver must allow adequate time for persons with disabilities to board or disembark the bus. COMMENTS: Respirators & Portable �xygen - None Observed Allowed Denied Requirement: Drivers cannot denyservice to riders using respirators or portable oxygen. COMMENTS: Priority Seating None Observed Allowed Denied Requirement: When requested by a rider with a disability, a driver shall reques[ ihat other non-disable riders vacate the seats signed ' priority seating for persons with s disabilityor elderly%. Driver does not have to enforce the request. COMMENTS: City of Prior Lake Transit Policy Manual Appendix B 21 Observation Completed By: City of Prior Lake Transit Policy Manual Appendix B 22 ; TITLE VI Pl�AN ! ACKNOWLEDGEMENT �F RECEIPT I am an employee of the City of Prior Lake and have received and read the City of Prior Lake Title VI Plan. I understand this policy may be amended from time to time to address new concerns or legal issues. I understand I may contact my Department Head, the Assistant City Manager or the City Manager with any questions or concerns. NAME: SIGNATURE: DATE: City of Prior Lake Transit Policy Manual Appendix C 23 ��.,, ,, O.� P RIO���,. ti �� � � V tx ��NNES�� ��an���»„���� City of Prior Lake Discrimination Complaint Form Note: The following information is needed to assist in processing your complaint. Allegations received by telephone will be reduced to writing and provided to complainant for confirmation or revision before processing. Complainant Information: Name: Address: City: State: Zip Code: Telephone Number (Home): Telephone Number (Other): Email Address: Person Discriminated Against (if someone other than the Complainant): Name: Address: City: State: Zip Code: Telephone Number (Home): Telephone Number (Other): Email Address: Which of the following best describes the reason you believe the discrimination took place? ❑ Race / Color (Specify) ❑ National Origin (Specify) ❑ Sex / Gender ❑ Religion ❑ Age ❑ Disability On what date(s) (d/m/yr) did the alleged discrimination take place? Please explain below as briefly and clearly as possible what happened and how you believe you were discriminated against. Indicate who was involved. Describe in what way you believe other persons City of Prior Lake Transit Policy Manual Appendix D 24 were treated differently than you and why you believe these events occurred. Please use additional sheets if necessary and attach a copy to written material pertaining to your case. List names and contact information of persons who may have knowledge of the alleged discrimination. Name: Address: City: State: Zip Code: Telephone Number (Home): Telephone Numbe (Other): Email Address: Name: Address: City: State: Zip Code: Telephone Number (Home): Telephone Number (Other): Email Address: Name: City of Prior Lake Transit Policy Manual Appendix D 25 Address: City: State: Zip Code: Telephone Number (Home): Telephone Number (Other): Email Address: Have you filed this complaint with any other federal, state, or local agency, or with any federal or state court? Check all that apply. ❑ Federal agency ❑ State court ❑ Federal court ❑ Local agency ❑ State agency ❑ Other If a complaint was filed elsewhere, please provide information about a contact person at the agency/court where the complaint was filed. Name: Address: City: State: Zip Code: Telephone Number (Home): Telephone Number (Other): Email Address: Please describe how this/these issue(s) can be resolved to your satisfaction. City of Prior Lake Transit Policy Manual Appendix D 26 If an advisor will be assisting you in the complaint process, please provide the advisor's name and contact information. Name: Organization: Address: City: State: Zip Code: Telephone Number (Home): Telephone Number (Other): Email Address: Please sign below. You may attach any written materials or other information that you think is relevant to your complaint. This Discrimination Complaint Form and your written complaint statement must be signed and dated for allegation(s) to be addressed. Additionally, you will need to sign a Consent/Release Form to disclose your name, if necessary, in the course of the inquiry. A Consent/Release Form is attached for your convenience. If you are filing a complaint of discrimination on behalf of another person, this person must also sign a Consent/Release Form to consent to name disclosure in order to proceed. I cert� that to the best of my knowledge the information I have provided is accurate and the events and circumstances are as I have described them. As a complainant, I also understand that if I indicated I will be assisted by an advisor on this form, my signature below authorizes the named individual to receive copies of relevant correspondence regarding the complaint and to accompany me during the investigation. Complainant Signature: Date: Attachments: Yes No Submit completed and signed Discrimination Complaint Form, ConsendRelease Form(s) and any additional information to: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, MN 55372 Phone: 952-447-9800 Fax: 952-447-4245 Email: jkansier@cityofpriorlake.com City of Prior Lake Transit Policy Manual Appendix D 27 Consent/Release Form for Discrimination Complaints Name: Address: City: State: Zip Code: Telephone Number (Home): Telephone Number (Other): Email Address: As a complainant, I understand that in the course of an investigation it may become necessary for the City of Prior Lake, hereafter referred to as the "City", to reveal my identity to persons at the organization or institution under investigation. I am also aware of the obligations of the City to honor requests under the Freedom of Information Act. I understand that it may be necessary for the City to disclose information, including personally identifying details, which it has gathered as part of its investigation of my complaint. In addition, I understand that as a complainant I am protected by the City policies and practices, from intimidation or retaliation for having taken action or participated in action to secure rights protected by nondiscrimination statutes and regulations which are enforced by the City. Please check one of the two boxes below: ❑ I CONSENT and authorize to have the City, as part of the investigation, reveal my identity to persons at the organization, business or institution, which has been identified by me in my formal complaint of discrimination. I also authorize the City to discuss, receive and review materials and information about me from the same and with appropriate administrators or witnesses for the purpose of investigating this complaint. In doing so, I have read and understand the information in this form. I also understand that the material and information received will be used for authorized civil rights compliance activities only. I further understand that I am not required to authorize this release, and do so voluntarily. ❑ I DENY CONSENT to have the City reveal my identity to persons at the organization, business or institution under investigation. I also deny consent to have the City disclose any information contained in this complaint with any witnesses I have mentioned in the complaint. In doing so, I understand that I am not authorizing the City to discuss, receive nor review any materials and information about me from the same. In doing so, I have read and understand the information at the beginning of this form. I further understand that my decision to deny consent may impede this investigation and may result in the unsuccessful resolution of my case. Signature: Date: Submit completed and signed Consent/Release Form(s) with the Discrimination Complaint Form and any additional information to: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, MN 55372 Phone: 952-447-9800 Fax: 952-447-4245 Email: jkansier@cityofpriorlake.com City of Prior Lake Transit Policy Manual Appendix D 28 O� PRip�,� � 7C ti U tr� � �INNESO� City of Prior Lake/Laker Lines Transit Limited English Proficiency Plan This Limited English Proficiency Plan has been prepared to address the City of Prior Lake's responsibilities as a potential recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills accessing the services offered by Shakopee Transit. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq, and its implementing regulations, which states that no person shall be subjected to discrimination on the basis of race, color or national origin. Executive Order 13166, titled Improving Access to Services for Persons with Limited English Proficiency, indicates that differing treatment based upon a person's inability to speak, read, write or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all state and local agencies which receive federal transit funds, including the City of Prior Lake where applicable relating to Shakopee Transit services and facilities. The City of Prior Lake has developed this Limited English Proficiency Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency [LEP] who wish to access services provided by the transit authority. As defined in Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write or understand English. This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, staff training that may be required, and how to notify LEP persons that assistance is available. In order to prepare this plan, The City of Prior Lake undertook the U.S. DOT four-factor LEP analysis which considers the following factors: 1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter a The City of Prior Lake program, activity or service. 2. The frequency with which LEP persons come in contact with The City of Prior Lake programs, activities or services. 3. The nature and importance of programs, activities or services provided by The City of Prior Lake to the LEP population. City of Prior Lake Transit Policy Manual Appendix E 29 4. The resources available to The City of Prior Lake and overall cost to provide LEP assistance. Four-Factor Analvsis: 1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter a City of Prior Lake program, activity or service. The City of Prior Lake staff reviewed the American Community Survey 2006-2010 Report and determined that 20,194 persons lived in the City of Prior Lake. A total of 427 persons indicated they speak English "less than very well." In the City of Prior Lake, 274 persons [1.36%] speak a language other than English. There are a total of 4 languages spoken in the City of Prior Lake. 2. The frequency with which LEP persons come in contact with The City of Prior Lake programs, activities or services. The City of Prior Lake assessed the frequency with which staff and drivers have, or could have, contact with LEP persons. This includes documenting phone inquiries and surveying vehicle operators. To date, the City of Prior Lake has had no requests for interpreters and no requests for translated Laker Lines Transit documents. Staff and vehicle operators have reported that, as a whole, they have contact with less than 1 LEP rider per month. 3. The nature and importance of programs, activities or services provided by The City of Prior Lake to the LEP population. The overwhelming majority of the population in the City of Prior Lake speaks only English. There are social services, professional and leadership organizations within the Scott County service area that focus on outreach to LEP individuals. The City of Prior Lake works closely with these organizations. The City of Prior Lake provides one transportation service: express service to downtown Minneapolis. 4. The resources available to the City of Prior Lake and overall cost to provide LEP assistance. The City of Prior Lake assessed its available resources that could be used for providing LEP assistance, including determining how much a professional interpreter and translation service would cost on an as- needed basis, which of its documents would be the most valuable to be translated if the need should arise, and taking an inventory of available organizations that the City of Prior Lake could partner with for outreach and translation efforts. The amount of staff and vehicle operating training that might be needed was also considered. Based on the four-factor analysis, the City of Prior Lake developed its LEP Plan as outlined in the following section. Limited English Proficiency [LEPJ Plan Outline The City of Prior Lake will develop several options to be available to assist LEP individuals to utilize transportation services. These options include: • Provide translator services on request. • Continue to monitor LEP persons and reevaluate LEP plan as population changes. Language Assistance Measures City of Prior Lake Transit Policy Manual Appendix E 30 Although there is a very low percentage in the City of Prior Lake of LEP individuals, the City of Prior Lake will ensure that the following measures are in place: • The City of Prior Lake Title VI Policy and Limited English Proficiency Plan will be posted on the agency website, www.cityofpriorlake.com. • When an interpreter is needed, in person or on the telephone, staff will attempt to determine what language is required and then access language assistance services. Staff Training The following training will be provided to City of Prior Lake employees that are directly involved with the Laker Lines Transit services: � Information on the City of Prior Lake Title VI Policy and LEP responsibilities. • Description of language assistance services offered to the public. • Documentation of language assistance requests. • Use of language line service. • How to handle a potentia) Title VI/LEP complaint. Outreach Techniques Due to the small local LEP population, the City of Prior Lake will initiate an outreach procedure as of 2015. Translation resources are also very limited in this region. However, when and if the need arises for LEP outreach, The City of Prior Lake will consider the following options: • 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. • Bus schedules, maps, and other transit publications will be made available online in an alternative language when and if a specific and concentrated LEP population is identified. Monitoring and Updating the LEP Plan The City of Prior Lake will update the LEP as required by U.S. DOT. At a minimum, the plan will be reviewed and updated when more detailed data from the 2010 U.S. Census is available, or when it is clear that higher concentrations of LEP individuals are present in the City of Prior Lake service area. Updates will include 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 local language assistance programs have been effective and sufficient to meet the need. City of Prior Lake Transit Policy Manual Appendix E 31 • Determine whether transit system's financial resources are sufficient to fund language assistance resources needed. • Determine whether the City of Prior Lake has fully complied with the goals of this LEP Plan. • Determine whether complaints have been received concerning the agency's failure to meet the needs of LEP individuals. Dissemination of the City of Prior Lake LEP Plan A link to the City of Prior Lake LEP Plan and the Title VI Plan will be included on the Prior Lake Transit website, www.cityofpriorlake.com. Any person or agency with internet access will be able to access and download the plan from The City of Prior Lake website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person, and shall be provided a copy of the plan at no cost. LEP individuals may request copies of the plan in translation which the City of Prior Lake will provide, if feasible. Questions or comments regarding the LEP Plan may be submitted to the City of Prior Lake as follows: Frank Boyles, City Manager City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Phone: 952-447-9800 City of Prior Lake Transit Policy Manual Appendix E 32 Rider Safety & Security Awareness Program BE INFORMED AND HAVE A TRANSIT PLAN OF ACTION: 1. Familiarize yourself with station entrances 2. Locate emergency telephones to report suspicious packages or activities 3. Remain calm and listen for station, train or bus announcements 4. Follow transit authority instructions in a speedy but orderly fashion 5. Do not block train or bus doors from closing 6. Assist fellow passengers and follow the Golden Rule: Watch out for the safety of others just as you would have them watch out for your safety BE ON THE ALERT FOR SUSPICIOUS... Packages If you spot an unattended package, look for the following: • Placement in an out-of-the-way location • Individuals in the act of abandoning the package and hastily departing the area • Unusual attached batteries, wires, tanks, bottles or bags that might contain chemicals • An attached message � A suspicious cloud, mist, gas, vapor, odor or seeping fluid • Nearby individuals showing signs of illness or distress Behavior If you spot any suspicious individuals engaged in questionable activity, look for the following: • Visible signs of nervousness • Excessive sweating • Sprayer bottles or aerosol canisters • Inappropriate clothing that is excessively baggy or too heavy in warm weather Recommended course of action: • Do not confront suspicious individuals. • Contact a transit employee or the police immediately. • In the event of a suspicious package, do not use a cellular phone until you are a safe distance away. BE PREPARED: 1. Create a plan for maintaining contact with family members if separated as a result of an emergency 2. Create a plan for maintaining contact with close friends and colleagues during an extended emergency period 3. Keep a record of all contact and emergency information and update it regularly as needed 4. Select a location outside your home as a family meeting point should your home need to be evacuated 5. Identify alternate routes and means of reaching your meeting point in the event your main route is impassable 6. Keep a local map handy for reference 7. Make sure your emergency information and contact numbers are with you at all times City of Prior Lake Transit Policy Manual Appendix F 33