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Contract - TX DOT - 6/8/2023 ROUND ROCK TExati Title VI Program City of Round Rock 2023-2026 i OC Adopted April 2016 Update August 2020 Updated June 2023 R•2o23- 1$� 1 ROUNI-I. ; Introduction The City of Round Rock, as a recipient of Federal Financial Assistance and under Title VI of the Civil Rights Act of 1964 and related statutes, affirms no person shall on the grounds of race, color, or national origin (where the primary objective of the financial assistance is to provide employment per 42 U.S.C. § 200d-3) be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the City regardless of whether these projects and activities are federally funded or not. Also, Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (LEP), provides that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives Federal Financial Assistance. As a recipient of Federal Financial Assistance in its transportation and other improvement projects, the City of Round Rock must provide access to individuals with limited ability to speak, write, or understand the English language. The City of Round Rock must not restrict an individual in any way from the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under its programs or projects. Individuals may not be subjected to criteria or methods of administration which cause adverse impact because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program because of race, color or national origin. Therefore, the primary goals and objectives of City of Round Rock's Title VI Non-Discrimination Plan are: 1. To assign responsibilities and procedures for ensuring compliance with Title VI of the Civil Rights Act of 1964 and pertinent directives. 2. To ensure that people affected by the City's programs and projects receive the services, benefits, and opportunities to which they are entitled without regard to race, color, or national origin. 3. To prevent discrimination in City programs and activities, whether those programs and activities are federally funded or not. 4. To establish procedures for identifying impacts in any program, service, or activity that may create an illegal adverse impact on any person because of race, color, or national origin and all affected Title VI populations. 5. To set forth procedures for filing and processing complaints by persons who believe they have been subjected to illegal discrimination under Title VI in a City-provided service, project, program, or activity. 2 R�iOUNO[ROCK Title VI Policy Statement City of Round Rock It is the policy of the City of Round Rock,Texas, to provide reasonable assurances that it will comply with the requirements and provisions of the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.0 2000d-42 U.S.0 2000d-4, and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 and other pertinent directives,to the end that in accordance with the Act, Regulations, and other pertinent directives, no person who resides in,or does business with,the City of Round Rock on the grounds of race, color, or national origin, be excluded from the participation in, be denied the benefits of, or otherwise be subjected to discrimination under any of our programs or activities Es politica de la Ciudad de Round Rock,Texas, brindar garantias razonables de que cumplira con los requisitos y disposiciones del Titulo VI de la Ley de Derechos Civiles de 1964, 78 Stat. 252, 42 U.S.0 2000d-42 U.S.0 2000d-4, y todos los requisitos impuestos por o de conformidad con el Titulo 49, Codigo de Regulaciones Federales, Departamento de Transporte, Subtitulo A, Oficina del Secretario, Parte 21, No discriminacion en Programas con Asistencia Federal del Departamento de Transporte - Efectuacion del Titulo VI de la Ley de Derechos Civiles de 1964 y otras directivas pertinentes, a fin de que, de conformidad con la Ley, los Reglamentos y otras directivas pertinentes, ninguna persona que resida o haga negocios con la Ciudad de Round Rock por motivos de raza, color u origen nacional,ser excluido de la participacion, ser negado los beneficios o ser objeto de discriminacion en cualquiera de nuestros programas o actividades 41 23 Craig Mor an, May Date City of Round Roc exas 3 R��OCK`r Organization Responsibilities The Title VI Program Coordinator is responsible for compliance with the Title VI program, plan, and assurance for the City of Round Rock. Notification of Title VI Protections The City of Round Rock is committed to ensuring that the public is aware of the rights and protections afforded to them under Title VI. Notice regarding the City's Title VI policy has been posted on the city buses, at the Transit Center and on the city's website at roundrocktexas.gov/city- departments/transportation/public-transportation/title-vi-program/ Complaints: If any individual believes that he/she or any other program beneficiaries have been the object of unequal treatment or discrimination as to the receipt of benefits and/or service, or on the grounds of race, color, or national origin (including Limited English Proficiency), he/she may exercise his/her right to file a complaint with the City's Title VI Coordinator. See the Notice of Publics Right for additional information on how to file a complaint. Appeal If no violation is found and the complainant wishes to appeal, the complainant may appeal directly to the City Manager's Office City of Round Rock, 221 E. Main Street, Round Rock,Texas 78664. If the complaint is against the City on a transportation-related complaint it will be forwarded to TxDOT or FTA within 10 days. Program Reviews:Special emphasis program reviews will be conducted on activities, accomplishments, and issues.The reviews will be conducted by the Title VI Program Coordinator to assure effectiveness in their compliance with Title VI provisions.The Title VI Program Coordinator will coordinate efforts to ensure equal participation in all programs and activities at all levels. Limited English Proficiency Program In accordance with Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency), the City has developed and evaluation and implementation program to ensure that Limited English Proficiency (LEP) persons who are served by federal aid programs administered by the City are provided,free of charge, meaningful access to programs and services. Specifically, the LEP program will address language barriers that could prevent LEP persons from obtaining services and information relating to services, programs, and projects an understanding the benefits to which they are entitled. Public Participation Plan and Policy The City of Round Rock believes that effective community involvement improves the quality of decision-making processes and builds public trust in the City. The city developed a public participation plan and policy to inform, consult, involve, collaborate, and empower the public in understanding the problem, alternatives, opportunities and/or solutions. Title VI Reviews on Sub-Recipients for Transit(if applicable):Title VI compliance reviews of Transit Sub-recipients will be conducted annually(due each January 15th)and coordinated by the Transit Manager.The status of each review will be reported in the annual report. Title VI Plan Updates:The City will review the need for any updates to its Title VI Assurances every three years or as necessary. 4 R CK 11 / Remedial Action:The City will actively pursue the prevention of Title VI deficiencies and violations and will take the necessary steps to ensure compliance with all program's administrative requirements. When deficiencies are found, procedures will be promptly implemented to correct the deficiencies and to put in writing the corrective action(s). Non-Discrimination Requirements: The City will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the service,facility, and performance of any contract on the basis of race, color, or national origin. In administering its Title VI Program,the City will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the Title VI Program. Environmental Justice in Minority and Low-Income Populations In accordance with Executive Order 12898 ("Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations")the City will develop strategies to address disproportionately high and adverse human health or environmental effects on minority and low- income populations,to promote nondiscrimination in Federal-aid programs substantially affecting human health and the environment, and to provide minority and low-income communities access to public information and an opportunity for public participation in matters relating to human health or the environment. Training The City will provide training on Title VI and its related status, including the Executive Order on Limited English Proficiency, for managers, supervisors and staff, especially those with frequent public interaction. Title VI Contract Provisions Federal aid construction contracts must include provisions which require compliance with Title VI. The specific contract provision language to be included can be found in the Federal Highway Administration (FHWA) Form 1273. Instructions for certifications and assurances for Federal Transit Authority(FTA)grants can be found on the FTA website. Consultant Procurement City contracts should contain the following or similar language regarding compliance and Civil Rights laws: Compliance with Civil Rights Laws:Contractor hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000(e)(17), to the end that no person shall, on the grounds of race, color, and national origin, be excluded from participation in, be denied the benefits or, or be otherwise subjected to discrimination under this Contract or under any project, program or activity supported by this Contract. Contractor shall comply with its EEO Certification (Form PW-7). Site and Facility Location The City shall not select a site or location of a facility for participants and beneficiaries of the City's federal aid programs if that selection could exclude individuals from participation in, or deny them the benefits of, or subject them to discrimination on the grounds of race, color and national origin or could substantially impair the accomplishment of the objectives of nondiscrimination on the aforesaid grounds. 5 RSOCK Data Collection The City will gather, analyze, and maintain statistical data on race,color and national origin of participants in and beneficiaries of the City's federal-aid programs to determine the investment benefits and burdens to the eligible population, including minority and low-income populations. Data gathering procedures will be reviewed regularly to ensure sufficiency of the data administration. The City will regularly analyze and evaluate the data collected and data-collecting procedures to determine the effectiveness of outreach methods in meeting requirements of the Title VI Program to ensure no group is excluded during the decision-making process or is not given an opportunity to voice their opinions or concerns. Transit-related,non-elected,Committees or Councils The City does not have any transit-related, non-elected, planning boards,advisory councils, or committees. List of Complaints,Title VI Investigations and Lawsuits The City maintains a complaint log, which documents all activity related to the complaint. The complaint log is included in this plan shall include the following information: • Date complaint filed. • Complainant identification—name, race, color,gender, and/or national origin. • Nature of complaint. • Who the complaint is against. • Date investigation completed. • Result of investigation. • Date complainant notified of the result of the investigation. Record &Summary of Title VI Complaints Investigation, Lawsuits 2020-2023 The City has not received nor been notified by the Department of Transportation or Federal Transit Administration or other programs of any Title VI complaints.The City's legal team keeps records of any lawsuits regarding Title VI. Organizational Chart The Transit Coordinator serves as the Title VI Coordinator for the Transportation Department. The Title VI Coordinator works to ensure the requirements of Title VI are enforced. Mayor& City Council City Manager Director Transportation Transit Coordinator 6 R CK I I Notice of the Public's Rights Under VI City of Round Rock The City of Round Rock,Texas is responsible for implementing transportation and transit projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation,the Federal Transit Administration (FTA) and the Texas Department of Transportation, without discriminating against any person on the basis of race, color,or national origin. Filing a Discrimination Complaint Any person who believes they have been discriminated against, on the grounds of race, color, national origin, gender, gender identity, age, disability, or religion (where the primary objective of the financial assistance is to provide employment per 42 U.S.C. § 200d-3) can file a complaint with the City. A complaint may also be filed by a representative on behalf of such a person. The complaint may be filed directly with the City by completing the City's Civil Rights Complaint Form. Mail the completed form to City of Round Rock,Attn:Title VI Coordinator, 3400 Sunrise Road, Round Rock,Texas 78665. The forms for filing a complaint and the information for filing can also be found on the City's website, www.roundrocktexas.gov/titlevi. Complaints may also be filed with the Federal Transit Administration by completing their Complaint Form found at FTA website, https://www.transit.dot.gov/regulations-and- guidance/civil-rights-ada/file-complaint-fta, or contact them directly at 888-446-5455 or by mail to Office of Civil Rights, 1200 New Jersey Ave., SE,Washington, DC 20590. Complaints may also be filed with the Texas Department of Transportation by completing their Complaint Form which can be found at https://www.txdot.gov/about/programs/civil-rights/title- vi-nondiscrimination.htmI or and mail to Texas Department of Transportation, Office of Civil Rights, 125 East lath Street, Austin,Texas 78701. All complaints must be filed within 180 days of the alleged discrimination. Request for Additional Information For more information regarding the City's Title VI Program please visit our website at www.roundrocktexas.gov/titlevi or contact the Title VI Coordinator at (512) 218-7074. Information in Another Language If you need this information in another language, please call (512) 218-7074. 7 jROCK Aviso de los derechos del publico segun el titulo VI La Ciudad de Round Rock,Texas tiene la responsabilidad de manejar todos los rogramas de Transportaci6n Publica y otros proyectos relacionados con el transito. Estos programas y proyectos son pagados en parte con asistencia financiera del Departamento Federal de Transportaci6n de los Estados Unidos y la Administraci6n de Transito Federal sin discriminar a ninguna persona en los en base a su raza, color, u origen nacional. Presentar una queja de discriminaci6n Cualquier persona que cree han sido discriminados por motivos de raza, color, nacionalidad, genero, identidad de genero, edad, discapacidad o religi6n (cuando el objetivo primordial de la asistencia financiera es proporcionar empleo por c6digo 42 U.S.C. 200d-3) puede presentar una queja a la Ciudad. La queja puede ser presentada directamente con la ciudad, completando el formulario de reclamaci6n. Envie por correo el formulario completado,Atenci6n:Tittle VI Complaints, 3400 Sunrise Road, Round Rock,Texas 78665. Las quejas tambien se pueden presentar ante la Oficina de Derechos Civiles,Atenci6n:Title VI Program Coordinator, East Building, 5th Floor—TCR, 1200 New Jersey Ave.,SE, Washington, DC 20590. Las quejas tambien se pueden presentar ante la Oficina de Administraci6n Federal de Transito completando el formulario. Envie por correo a Texas Department of Transportation. Office of Civil Rights, 125 East 11th Street, Austin, Texas 787010 enviandola por fax a 512-416-4751. Los formularios para presentar una queja y la informacion para presentarla tambien se pueden encontrar en el sitio web,www.roundrocktexas.gov/titlevi. Todas las quejas deben ser presentadas dentro de un plazo de 180 dias de la supuesta discriminaci6n. Solicitar Informacion Adicional Para obtener mas informacion acerca de titulo VI programa de la ciudad favor visite nuestro sitio Web www.roundrocktexas.gov/titlevi o contactando al Title VI Coordinator al (512)218-7074. Informacion en otro idioma Si necesita esta informacion en otro idioma, Ilame al 512-218-7074. 8 ROUND ROCK 1 f < Public Participation Plan Introduction As a recipient of federal funds from the Department of Transportation (DOT),the City is subject to legal requirements to create and implement a public participation plan that identifies and describes the City's policies and procedures for public participation and to ensure meaningful access to benefits, services and information.The City has written a separate LEP Plan to address the specific communication needs of LEP populations;the communication strategies identified in this Public Participation Plan (PPP) will be coordinated with the policies and procedures identified in the LEP Plan Public Participation Plan and Policy The City of Round Rock believes that effective community involvement improves the quality of decision-making processes and builds public trust in the City. The goal of the public participation policy is to inform, consult, involve, collaborate and empower the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution. The City of Round Rock will maintain a comprehensive community involvement program for their transportation programs that includes plans for receiving public comments for major decision-making processes including, but not limited to, policy development, strategic planning, budgeting, capital projects planning, fare adjustments and transit service changes.The City will also develop methods to provide the public with access to accurate, understandable, and timely information to facilitate effective involvement in the decision-making process. Existing Public Involvement Strategies, Procedures and Desired Outcomes The City uses a mix of print and electronic media as well as in-person communication strategies to share information about planned events, City news and happenings, and to provide notification, background, and progress information about City projects. Print Media The City uses several forms of print media: Publications that can be sent with the monthly utility bills. City surveys have shown that this publication is among the most effective means of communication the City uses.This print medium is primarily used to announce planned events and/or to provide information about project updates. Fliers are produced in a fact sheet format and are used primarily for project-specific information about project activities that will occur in the surrounding area.They are distributed by hand to potentially affected stakeholders. This print medium can be translated into Spanish and can be interpreted into other languages, upon request. Formal Letters are produced on standard City letterhead and mailed; they are used to communicate with specific individuals and/or business and they serve primarily as project notification and/or correspondence. Electronic&Web-based Media The City also makes use of electronic and web-based media to communicate information about planned activities and on-going projects: Round Rock Electronic Newsletter/Electronic Newsletter Blasts serve as the electronic version of the News Flash; however,the electronic version allows for more content and connectivity to other electronic/web-based media. Surveys can be tied to the newsletter to gather feedback. Press Releases are used to announce events that will occur within two weeks or to communicate 9 ROCK project milestones, immediate releases of information and/or to provide notice of closures. Social Media—Blogs/Facebook/Twitter is used to provide communications about project progress and allow for interaction among and between stakeholders and the City.These social media outlets can also be used to generate a historical record of project progress and commentary provided by the community. Online Public Engagement Tools, included on the City's website and third-party websites, provide the ability to host virtual meeting materials and gather comments from the public on projects or topics of interest. Public Meetings The City employs several different types of public meetings based on the communication needs: Public Meetings generally involve a discussion between City staff and community members about specific concerns related to projects which directly impact them.The function of these meetings is to provide information and receive feedback about a proposed project, ensure public participation in the development of the project, and to keep the community informed during the project's life cycle. Open Houses are generally informal meetings that allow for participants to come and go as they please, ask questions of City staff, and provide written and/or verbal comments.The City uses this meeting format to provide information to the community and to solicit community feedback on proposed projects.These meetings are often conducted when a program or service is beginning terminated and/or changing. Close the Loop It is very important after a public involvement activity occurs to let the participants know what information was gained from this activity and how it will be used in the decision-making process.This can be accomplished in meeting summaries; by sending postcards, emails, letters to participants; or in the case of an on-going committee, it could be a regular agenda item. Communication Strategies and Consideration for Minority, Low-Income, and/or LEP Populations There are many ways that the City can help ensure meaningful communications are provided to minority, low-income and/or LEP populations. One way the City can provide effective communications to the local minority, low-income, and/or LEP community is to tailor public involvement activities to the local population they are trying to reach.The City can tailor neighborhood meeting format and content to unique minority, low-income and/or LEP communities based on demographic information and input from stakeholder interviews. Locations should be convenient to transit.These could be a community center, a church, a store,etc. All meetings should be held in ADA-compliant facilities. Invitation and meeting announcements will offer to accommodate special needs upon request. Special needs could include those related to physical, mental, sensory, and other disabilities. Meetings should be set up in a format that a person with a wheelchair would be able to fully participate in all activities. Translate Outreach Materials A Spanish interpreter can be present to provide interpretive services for other public involvement activities, such as surveys and meetings. The City has many employees who are fluent in Spanish and are available for interpretations. The presence of the interpreter should be identified at meetings with notices posted to let participants know that this service can be made available. 10 ROUND ROCK 71 Meeting materials(including exhibits, agendas, comment cards, handouts, presentations, pocket cards, postcards, newsletters, etc.) can be translated into Spanish or other languages, as needed and if requested in advance, or the interpreter would provide competent oral translation of meeting materials. Other technical exhibits could use pictograms and photos to communicate the intended message with fewer words. Public meeting announcements should be translated into Spanish. Translated notification could be added to the English version of these announcements indicating that interpretive services are available upon request and free of cost.The City should reconsider the effectiveness of their communication strategies and procedures every three years (on the same schedule as the re- evaluation of the LEP Plan). Conduct Internal Monitoring It is important to obtain informal feedback from internal as well as external stakeholders.This could be in the form of a team meeting including City staff and any consultants who may be involved in the process. Questions that could be discussed in this meeting include: Is the input received from the public useful in the decision-making process? If so, how has it been useful? If not, how could it be improved? Did the public receive the information they needed to provide meaningful input? Has anything occurred to warrant changes to the existing plan? Is the internal commitment of all parties still in place? Obtain Feedback from Community Organizations Community and civic organizations and businesses may be useful outlets to contact when planning and/or implementing future public involvement activities. This outreach would allow the City to determine if there have been any noticeable changes in the demographics of the population in their service area. It would provide input on whether the public involvement strategies currently in place and efforts to inform the EJ and LEP communities of the availability of language assistance are working and to continue to inform the LEP community of new or updated language assistance. Meeting Evaluations A short, to-the-point questionnaire could be used at the end of public meetings to get a sense of how effective the meeting was perceived to be by the public. This questionnaire could be placed on the back of a comment card or provided as a separate handout. Possible questions could include: ➢ How did you hear about tonight's meeting? ➢ On a scale from 1 (did not like)to 5 (liked very much), rate the location of this meeting? ➢ On a scale from 1 to 5, rate the information presented and on display? ➢ On a scale from 1 to 5, how would you rate the "Open House"format used fortonight's meeting? ➢ In which language do you prefer to receive project information? ➢ Do you have any other comments? Make Modifications to PPP Plan as Necessary Based on the feedback received from the internal monitoring and feedback from community organizations,the City would likely need to make incremental changes to the public involvement strategies as well as staff training. Please review the LEP Plan for more information on how language assistance measures will be monitored and revaluated. 11 ROU!N[D) Capital Area Metropolitan Planning Organization (CAMPO) CAMPO was established in 1973 and serves as the federally designated MPO for the Central Texas region, including the City of Round Rock. In cooperation with the state transportation department and transit operators, CAMPO develops the Transportation Improvement Program (TIP).The four- year program lists all federally funded highway and transit projects in addition to regionally significant projects.This program must also be consistent with the long-range Regional Transportation Plan. In developing the TIP, CAMPO provides citizens, affected public agencies, representatives of transportation agency employees,other affected employee representatives, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed program. According to Texas Administrative Code,Title 43, Chapter 16, Section 101(b), the TIP shall be updated and approved at least every two years. The TIP development process, including public involvement activities and opportunities for public review and comment, is being used to satisfy program or project requirements of the Federal Transit Administration Urbanized Area Formula Program. The City of Round Rock participates in CAMPO's planning projects by providing and listing city transportation projects. 12 ROCK Limited English Proficiency Plan (LEP) City of Round Rock Purpose Language barriers prohibit persons from obtaining services and information relating to a variety of services and programs because they may not be able to read instructions or correspondence written in English and may not understand verbal information. Many times, they are not aware of regulatory requirements and legal implications of the services they seek. When LEP persons receive legal documents, they often do not understand the contents of the correspondence and its implication to their daily lives. LEP persons may not be able to take advantage of services, which can affect different aspects of their lives. Title VI of the Civil Rights Act of 1964 requires that "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Executive Order 13166 (issued August 16, 2000) improves access to services for persons with limited English proficiency. Agencies are directed to evaluate services provided and implement a system that ensures that Limited English Proficiency (LEP) persons are able to meaningfully access the services provided, consistent with, and without unduly burdening the fundamental mission of the local agency. Agencies are directed to ensure that recipients of federal financial assistance provide meaningful access to programs, services, and information to their LEP applicants and beneficiaries free of charge. Language barriers have the potential of prohibiting LEP persons from: • Obtaining services and information relating to services, programs, and projects. • Taking advantage of the transit system, which could affect their jobs and social opportunities. • Understanding the benefits to which they are entitled when their home or business property is acquired through eminent domain. Goals It is essential that City staff be informed about their diverse clientele from a linguistic, cultural, and social perspective. The goal in providing meaningful access is to ensure that LEP persons can communicate effectively, and act appropriately based on that communication. The minimum reasonable measures would be to ensure that LEP persons are given adequate information, are able to understand that information, and are able to participate effectively in programs or activities. The City will take reasonable steps to ensure that LEP persons are given adequate information, are able to understand that information, and are able to participate effectively in recipient programs or activities, where appropriate. Safe Harbor The City defines the LEP population that speak English less than "very well" and the Spanish speaking population exceeds 1,000 persons threshold. There are 21,030 Spanish-speaking persons that speak English less than "very well" in the City of Round Rock. To meet the Safe Harbor provisions, the City's transit services will provide additional vital documents for its services for Spanish-speaking persons. 13 1R. , ROCK . Four Factor Analysis The DOT Four Factor Analysis provides guidance to transit agencies receiving federal financial assistance in taking reasonable steps to ensure meaningful access to all of its services, programs, and activities utilized by LEP persons. The DOT guidance states transit agencies will provide written translation of vital documents for each eligible LEP language group that meets the Department of Justice (DOJ) Safe Harbor provision of five (5) percent of the population or 1,000 persons, whichever is less, identified as a limited English proficiency speaker within the service area. Such practices will be considered strong evidence of compliance with written-translation obligations. The Four Factor Analysis assesses the following criteria: Factor 1: The number or proportion of LEP persons in the service area who may be served by the City. City staff reviewed the 2020 United States Census Bureau to determine the approximate number of LEP persons age 5 years and older in the City of Round Rock. 26.6% of the City's population spoke a language other than English at home. The Department of Justice (DOJ) Safe Harbor provision of every 1000 speakers or 5% of the population, whichever is less, identified as a limited English proficiency speaker within the service area. Estimated Population of City of Round Rock (US Census Bureau 2020) Percent Spanish 17.4 United States- Asian & Pacific Islander Languages 3 Census Other Languages 6.2 Bureau LANGUAGE SPOKEN AT HOME 2020 Note: This is a modified view of the original table produced by the U.S. Census Bureau. This download or printed version may have missing information from the original table. Population 5 years and over 121,186 (X) Speak only English 90,112 74.4% Speak a language other than English 31,074 25.6% SPEAK A LANGUAGE OTHER THAN ENGLISH Spanish 21,030 17.4% 5 to 17 years old 4,448 3.7% 18 to 64 years old 15,213 12.6% 65 years old and over 1,369 1.1% Other Indo-European languages 4,215 3.5% 5 to 17 years old 517 0.4% 18 to 64 years old 3,184 2.6% 65 years old and over 514 0.4% Asian and Pacific Island languages 4,689 3.9% 5 to 17 years old 613 0.5% 18 to 64 years old 3,548 2.9% 65 years old and over 528 0.4% Other languages 1,140 0.9% 14 N ROUND ROCK TEXAS 5 to 17 years old 81 0.1% 18 to 64 years old 799 0.7% 65 years old and over 260 0.2% CITIZENS 18 YEARS AND OVER All citizens 18 years old and over 86,428 M Speak only English 69,018 79.9% Speak a language other than English 17,410 20.1% Spanish 12,034 13.9% Other languages 5,376 6.2% Factor 2: The frequency with which LEP persons come into contact with the City. Through the analysis of demographic data and the findings of the community surveys,the Factor 1 analysis identified LEP populations in the City. The second step of the four-factor LEP needs assessment is to evaluate the frequency with which LEP individuals come into contact with the programs, activities, and services associated with Department of Transportation projects. The DOT guidance advises that: Summary of Interpretation Services from Language Line The table below shows how many calls were received each fiscal year and the average duration of each call. There were no requests for assistance for any other language besides Spanish. Call Frequency Average Call Time 2012 9 calls 6 minutes 2013 10 calls 6 minutes 2014 9 calls 5 minutes 2015 8 calls 5 minutes 2016 0 calls 0 minutes 2017 1 call 28 minutes 2018 0 calls 0 minutes 2019 1 call 12 minutes 2020 1 call 15 minutes 2021 0 calls 0 minutes 2022 0 calls 0 minutes Factor 3: Importance of City Projects to LEP Persons City projects typically affect the citizens who live in close proximity to the project, more than those that do not. However, it can be interpreted that all projects conducted by the City are important to the citizens of Round Rock. Therefore, any project that is occurring in the City may be important to LEP persons. Factor 4: Resources Available to the City of Round Rock This step will allow the City to weigh the demand for language assistance against the current and projected financial and personnel resources. This analysis will help determine if the current language assistance measures are cost effective and help plan for future investments that will provide the most needed assistance to the greatest number of LEP persons within the resources available to the City. 15 ROUND ROCK TEXAS Inventory of Language Assistance Measures Currently Being Provided. City staff has the following options available to them to help assist someone who is having trouble communicating due to a language barrier: • Language Line Services—City staff are able to access interpretation services, via the phone, for more than 170 languages. This service facilitates a clear, three-way conversation between the citizen, the staff member and an interpreter. • Bilingual City Staff—Spanish speaking City staff are available to communicate with the public over the phone,through email, and in person. Conclusion This four-factor analysis will help develop new language assistance services and/or suggest modifications to the existing language assistance measures currently being provided. The information gathered from the Census Bureau, feedback from surveys of community organizations and citizens (including LEP persons)will define the steps that will be implemented in the LEP Plan. LEP Implementation Plan The City has developed an implementation plan to address the needs of the LEP population. This plan includes five elements: 1) identifying LEP individuals who need language assistance. 2) providing language assistance measures. 3) training staff. 4) providing notice to LEP persons; and 5) monitoring and updating the plan. Identification of LEP Individuals Who Need Language Assistance This section of the LEP Implementation Plan overlaps to a great extent with Factor One and Factor Two in the four-factor analysis. Language Assistance Measures City staff have the following options available to them to help assist someone who is having trouble communicating due to a language barrier: • Language Line Services—City staff are able to access interpretation services via the phone for more than 170 languages. This service facilitates a clear, three-way conversation between the citizen,the staff member and an interpreter. • City website offers Google Translate buttons on the bottom of every page. • Bilingual City Staff—Spanish speaking City staff are available to communicate with the public over the phone,through email, and in person. • "I Speak"Language Flashcards are available for display. There are 38 languages represented on this flashcard. These are available for free download on www.LEP.gov. Qualified Interpreter Qualified interpreter means an interpreter who is able to interpret effectively, accurately, and impartially, either for individuals with disabilities or for individuals with limited English skills. The interpreter should be able to interpret both receptively and expressively,using any necessary specialized vocabulary. We do request an advance notice for an Interpreter to attend meetings. 16 I.-.V.- D ROCK TEXAS Non-English Language Relay Service A telecommunications relay service that allows persons with hearing or speech disabilities who use languages other than English to communicate with voice telephone users in a shared language other than English, through a communications assistant who is fluent in that language. Written Language Services FORMS [Identify specifically,as appropriate] Languages Timeframe Documents relating to service changes and general English At least within information: 0 days ofSpanish change Documents relating to routes and schedules,including English At least within ding rules. 0 days ofSpanish change Title VI Complaint Process English Ongoing Spanish Documents relating to eligibility of services: English Ongoing Spanish Notices and posters containing important English Ongoing information on the availability of language services: Spanish Documents relating to fare changes or fare media changes English 60-90 days before change Spanish Documents relating to complaints: English Ongoing Note:Determination of complaints is going to be given to the person submitting the complaint in the Spanish Using the four-factor analysis, the City will translate vital written materials into languages in Spanish. Vital information from those documents should be interpreted when translations are not available for LEP or when oral communication is more effective, such as in the case of LEP individuals whose primary language is traditionally an oral one. Staff Training Programs Ongoing and thorough training will be important to assure that staff members are knowledgeable about LEP processes and procedures. Initial and periodic training for staff, coming into contact with LEP people, or any other aspect of this Plan. Include training on the Policy and the LEP Plan for new employees. Provide access to the language line video training for employees on the intranet. What language assistance measures are available? When should they be used? 17 ROUND ROCK TEXAS Providing Notice to LEP Persons Based on the analysis of demographic data, surveys of community organizations and citizens (including LEP persons), the City can provide notification of the availability of interpretive services, upon request and free of charge, could be placed on public meeting announcements and/or other outreach materials and could be sent to community organizations, radio stations, television stations and newspapers, including Spanish papers and television stations. LEP Plan Re-evaluation and Revision Policy Evaluation can help track outreach efforts, discover dissemination problems early, and find out whether language services have impacted relations with local immigrant communities. The following will be considered when addressing changes: • Frequency of encounters with LEP language groups.Nature and the importance of activities to LEP persons. Availability of resources, including technological advances and sources of additional resources, and the costs imposed. • Whether existing assistance is meeting the needs of LEP persons. • Whether staff understands the LEP plan and how to implement it. • Whether identified sources for assistance are still available and viable. Following this guidance,the City should reconsider the effectiveness of language assistance measures every two and a half years. The following discussion describes what should occur during this evaluation step. Make Modifications to LEP Plan as Necessary Based on the feedback received from the internal monitoring and feedback from community organizations,the City would likely need to make incremental changes to the type of written and oral language assistance measures provided as well as staff training and community outreach programs. The cost and effectiveness of language assistance measures should be considered during this process. Depending on the results of the internal monitoring and feedback from community organizations,the City may choose to disseminate more widely those language assistance measures that are particularly effective or modify or eliminate those measures that have not been effective 18 Complaint Forms City of Round Rock Civil Rights Complaint Form Section 1—Basic Information Last Name First Name MI Street Address Apt# Gate Code City/State/Zip Date of Birth Email Primary Phone Number ❑Home ❑Cell ❑Work Secondary Phone Number ❑Home ❑Cell ❑Work Complaint . 1. Please select at least one of the following as the basis of your complaint: ❑ Race/Color/National Origin ❑ Disability ❑ Other (specify) 2. What was the date and place of the alleged discriminatory action(s)? Please include, at a minimum, the earliest and most recent date. 3. Please describe how you were discriminated against, explaining as clearly as possible why you believe your Title VI rights were violated. Attach additional pages, if necessary. 19 4. Please provide the name(s) of individual(s) responsible for the alleged action described above. S.Please provide the name(s) of person(s) whom we may contact for additional information to support or clarify your complaint. Name Address Telephone# 6.13riefly explain what action or remedy you are seeking for the alleged discriminatory action. 7.Attach any relevant documentation you believe will assist with an investigation. Section 3—Filing Information 1.Have you filed this complaint with any of the following agencies? U.S. Department of Transportation ❑Yes ❑No U.S. Department of Justice ❑Yes ❑No Federal Transit Administration ❑Yes ❑No Federal Highway Administration ❑Yes ❑No Texas Department of Transportation ❑Yes ❑No Equal Employment Opportunity Commission ❑Yes ❑No Other ❑Yes ❑No If yes, please provide a copy of the complaint form you filed with any of the above agencies. 2.Is this complaint against the City of Round Rock? ❑Yes ❑No 3.Have you been in contact with a City employee regarding this complaint? ❑Yes ❑No If yes, what is the 20 name and telephone number of the employee? 4.Have you filed a lawsuit regarding this complaint? ❑Yes ❑No Section 4-Certification I certify all the information contained in this complaint is true and correct to the best of my knowledge. Signature Date Authorized Representative Information Name Phone Number Relationship to the Applicant Signature Date Please mail your completed form to: Transportation Department Attn: Title VI Complaints 3400 Sunrise Road Round Rock, Texas 78665 {NOTE: The City cannot accept this complaint form without a signature.} 21 Formularios de quejas Formulario de Queja de Derechos Civiles de la Ciudad de Round Rock basica Apellido Primer Nombre Segundo Nombre Direccion Apt# Codigo del porton Cuidad/Estado/Zona postal Fecha de nacimiento Correo electronico Numero de telefono primario ❑Casa ❑Movil ❑Trabajo Numero de telefono secundario ❑Casa ❑Movil ❑Trabajo •n 2—Informacion de Quejas 1. Por favor seleccione al menos uno de los siguientes como base de su queja: ❑ Raza/Color/Origen Nacional ❑ Discapacided ❑ Otro (especificar) 2. LCual fue la fecha y el lugar de la supuesta (s) accion (es) discriminatoria (s)? Por favor incluya, como minimo, la fecha mas temprana y mas reciente. 3. Describa como fue discriminado, explicando con la mayor claridad posible por que cree que sus derechos de Titulo VI fueron violados. Adjunte paginas adicionales, si es necesario. 4. Por favor indicar el (los) nombre (s) de los individuos responsables de la supuesta accion descrita anteriormente. 22 5. Por favor proporcionar el nombre de la (s) persona (s) a quienes podemos contactar para obtener informacion adicional para apoyar o aclarar su queja. Nombre Direccion Telefono# 6.Explique brevemente que accion o recurso usted esta buscando para la supuesta accion discriminatoria. 7. Adjunte cualquier documentacion pertinente que crea que le ayudara en una investigacion. 1. ZHa presentado esta queja ante alguna de las siguientes agencias? U.S. Department of Transportation ❑Si ❑No U.S. Department of Justice ❑Si ❑No Federal Transit Administration ❑Si ❑No Federal Highway Administration ❑Sf ❑No Texas Department of Transportation ❑Sf ❑No Equal Employment Opportunity Commission ❑Si ❑No Otro ❑Si ❑No 23 En caso afirmativo, proporcione una copia del formulario de quejas que presento ante cualquiera de las agencias mencionadas. 2. t Es esta queja contra la Ciudad de Round Rock? ❑Si ❑No 3. Ha estado en contacto con un empleado de la Ciudad con respecto a esta queja? ❑Si ❑No En caso afirmativo, �cual es el nombre y numero de telefono del empleado? 4. �Ha presentado una demanda relacionada con esta queja? ❑Si ❑No Certifico que toda la informacion contenida en esta queja es verdadera y correcta segun entiendo. Firma Fecha Informacion del Representante Autorizado Nombre Telefono Relacion con el solicitante Firma Fecha Envie por correo su formulario completado a: Transportation Department Attn: Title VI Complaints 3400 Sunrise Road Round Rock, Texas 78665 {NOTA: La Ciudad no puede aceptar este formulario de queja sin una firma.) 24 TITLE VI COMPLAINT LOG Date Date Complainant Result of Nature of Who the Date Complainant Complaint the Complaint Investigation Notified of Filed Identification Complaint is Against Completed Investigation Result of Investigation Oct-18 No Complaints Filed Oct-19 No Complaints Filed _ Sep-20 No Complaints Filed Sep-21 No Complaints Filed Sep-22 No Complaints Filed Oct 2022- No Complaints May 2023 Filed 25 FTA Title VI Specific Requirements Transit-related, non-elected, Committees or Councils The City does not have any transit-related, non-elected, planning boards, advisory councils or committees. Transit Service Provided The City through an Interlocal Agreement with Capital Metro provides two fixed routes and one express route. The City also provides ADA paratransit service and will be implementing an on-demand transit service in June of 2023. Public Participation & Outreach The City completed a Transit Development Plan (TDP) in 2022. As part of the plan extensive outreach and community engagement was conducted. The City also completed a Title VI Service Analysis to determine the impacts on low-income and minority populations for the proposed changed as outlined in the TDP. The changes were to remove one of the fixed routes and implement an on-demand transit service. The study showed no disproportionate impact on access to mobility for minority or low-income. In fact the new service would provide more accessibility to minority and low-income than the current fixed routes. No fare increases or other changes were made. The only public meetings and involvement were undertaken during the development of the transit plan. The following table shows the impact on changes to fixed route and with the implementation of the new on-demand (MOD). Table 1:Fixed Route Impacts within Y.-mile of Service 2020 ACS Square Young Older Low wuxwft zero 5-year Miles Population Adults Adult Employment Households Income Population Vehkle LIEP (Over6s) Households Existing 8 31,133 4,774 2,820 18,087 10,968 1,173 9,658 411 2,086 Network New Network' 6 21,157 3,453 1,T38 12,373 7,364 782 7,129 204 1,455 Percent -24.6% -32.0% -27.7% -38.4% -31.6% -32.9% -33.3% -26.2% -50.2% -30.2% Change 1 Buffer does not include Route 152 Express(closed door portion of route on 1-35) Table 2:MOD Impacts within Ya-mile of Service 2020 ACS Square Young older Low Minority Zero 5-year Miles Population Adults Adult Employrnent Households Income Population vehicle LEP (Over65) Households Existing 8 31,133 4,774 2,820 18,087 10,968 1,173 9,658 411 2,086 Network MOD Ph 1 21 81,158 11,788 6,873 45,655 27,093 2,226 24,106 826 3,814 Percent 177.6% 160.7% 146.9% 143.7% 152.4% 147.0% 89.8% 149.61b 101.2% 165.7% Change MODPh2 38 11B,159 16,783 10,546 64,925 38,052 2,6D6 33.881 987 61009 Percent 395.9% 279.5% 251.5% 274.0% 259.0% 246.9% 122.2% 250.8% 140.4% 188.046 Change Sub-recipient Monitoring The City developed monitoring procedures for Title VI complaints received by Capital Metro who provides the fixed route service and for the paratransit service. The City also monitors both fixed route and paratransit operators to ensure Title VI posting located in a location's visible to the public and are posted both in English& Spanish. 26 Sub-Recipients The City does not have any sub-recipients. Fare & Major Service Reduction Policy A Fare & Service Reduction Policy was developed in November 2017 to establish goals, objectives and guidelines to assist the City of Round staff in making decisions regarding adjustments to fares and major service reductions. Purpose The purpose of this policy is to establish goals, objectives and guidelines to assist City of Round Rock staff in making decisions regarding adjustments to fares and major service reductions. Goal The goal of this Policy is to support the City of Round Rock's overall strategic mission to provide quality public transportation choices for our community which meets the needs of our growing region. The City will strive to provide an equitable public transportation service,which takes into account the socioeconomic make-up of our customers. The City will establish a public transportation system which is uniform and easy to understand. Fares Objectives: The following objectives are designed to support the City of Round Rock's policy goal and balance the desire to keep fares affordable for Round Rock public transportation customers with the need to maximize fare revenue to help maintain and expand operations. All fare adjustments will follow the process as outlined in this policy. 1. Customer/Community: City staff will consider what impact setting or restructuring fares has on customers and the community. The City seeks to set fares which are equitable to the widest possible range of existing and potential users. The fare structure will always take into account the socioeconomic make-up of our customers. The City will establish fares which are uniform and easy to understand for all public transportation options provided by the City. 2. Financial: Fare revenue is an important component of the operating budget for public transportation provided by the City. Fare revenue helps offset the cost of operating the system; the City's fare structure will support a predictable fare revenue stream. Setting or restructuring fares should ensure the total fare revenue stream is maintained at an appropriate level. The City Council and staff will consider what the financial impact of setting or restructuring fares has on the long-term sustainability of public transportation provided by the City. The City will monitor ridership, operational productivity, and efficiency and propose fare adjustments, as necessary. Fare Change Process: The following guidelines outline the required steps for developing, evaluating and implementing fare changes. 1. Recommendations for setting or restructuring fares will be developed by city staff, in keeping with this policy. Multi-year increases may be proposed. 2. City staff will complete or have completed an operations and ridership analysis to evaluate the overall costs of operating the service and levels of ridership. 3. Public outreach will be conducted to solicit public comments on any fare increases. There will be a minimum of ten(10)calendar day notice prior to the meeting. Public outreach can be in the form of a public meeting, survey, social media,newspapers, and/or email, mail and phone. All public comments will be considered by the City before any fare adjustments are made. 27 4. All fare structure changes, adjustments or increases must be approved by the City Council. 5. Once fare increase(s)have been approved by the City Council, appropriate ads will be placed with local media outlets,posted on public transportation vehicles and posted on the City's website 30 days prior to the effective date of the fare increase. Fare Policy Review: The City of Round Rock will review its fare policy and pricing with the expectation fares may be adjusted as necessary to keep pace with the rate of increase in the cost of operations. Generally, fare changes will become effective at the beginning of the fiscal year, October 1st. The City reserves the right to make fare adjustments at any time due to unexpected operational impacts. The City of Round Rock's fixed route service is provided by Capital Metro, which provides not only local service but allows for a streamlined fare collection for persons traveling in the Capital Metro and Round Rock region. When Capital Metro has any fare changes,they will follow their requirements of fare changes equity analysis according to Title VI Circular 4702.1 B to meet the legal test as described in the circular. Capital Metro will include the Round Rock area to ensure there is no disparate impact and disproportionate burden on minority and low-income riders respectively. Major Service Reduction Policy Definition: A major service reduction is defined as a reduction in service which impacts at least half (50%) of the users of the City's public transportation. Objective: The City Council and staff will consider the impact that reducing service has on customers and the community. Major Service Reduction Process: The following guidelines outline the required steps for developing, evaluating and implementing service reduction. 1. Recommendations for major service reductions will be developed by city staff, in keeping with this policy. 2. City staff will complete or have completed an analysis to evaluate the overall impact of the service reduction. 3. A public hearing is required for any major service reduction, with a minimum 21 calendar day notice prior to such hearing. 4. All major service reductions must be approved by the City Council. 5. Once major service reductions have been approved by the City Council, appropriate ads will be placed with local media outlets,posted on public transportation vehicles and posted on the City's website 30 days prior to the effective date of the service reduction. Major Service Reduction Review: The City of Round Rock will review its public transportation service annually with the expectation service may be adjusted, as necessary. Emer eg n�: Notwithstanding the above policy, the City Council or City Manager may, with no notice, make reductions in service in times of emergencies, such as adverse weather, mass evacuations, etc. Once the emergency has ended the service will be returned to its pre-emergency service level. The return to pre- emergency service level may be done in stages. Facility Construction Equity Analysis The City has not constructed any facilities since the last Title VI Program update. 28 Distribution of Transit Amenities The City has two guidelines to guide the placement of amenities at bus stops: • Bus stops generating at least 20-50 daily boarding's qualify for a shelter. • Bus stops generating at least 10-15 daily boarding's qualify for a bench. Amenities may be placed at locations not meeting these guidelines if the stop is located nearby: • Major activity/employment centers • Hospitals or social service agencies • Apartments with 250+units • Schools • Route intersections • Service frequency greater than 30 minutes Currently the City has 13 bus stops with benches and trash cans, 5 shelters have been installed. Service Standards The City of Round Rock,through an Interlocal Agreement with Capital Metro, for the fixed route service and for consistency between the two agencies,the city uses the Capital Metro guidelines and service standards. Capital Metro standards are set higher as they operate over 50 vehicles in peak service. These service standards provide a framework for the provision, design, and allocation of service. Capital Metro staff will conduct a review of service guidelines and standards biennially to ensure alignment with goals, objectives, and resource availability. The core services provided by Capital Metro in Round Rock are: • Radial—Local stop service on primary corridors connecting Round Rock to Downtown Austin • Crosstown-Local stop service on primary corridors in Round Rock. The vehicle load factors reflect the ratio of passengers to total seated capacity: • Radial 140% 120% • Crosstown 140% 120% The Vehicle Headway or Service Frequency: • Radial 60 minutes midday • Crosstown 60 minutes midday The fixed routes are 60 minutes, from Tech Ridge to Acc Campus in Round Rock. On-time performance: • On-time depart 30 seconds earlier or 5 minutes and 30 seconds later than scheduled. • On-time performance should not follow below 90% Service availability: Residential and employment density are primary influences on transit demand. Service coverage guidelines reflect industry standards for minimum density needed to support cost-effective transit service. Contiguous areas of the following densities are deemed transit supportive and should be prioritized for transit service within walking distance ('/4 mile): • Residential densities of 16 persons per acre or • Employment densities of 8 employees per acre 29 Vehicle Assignment: As part of Capital Metro's planning process and when service changes are made the planning department recommends the type and size of vehicle to be used in service. Two types of vehicles are currently in use for Round Rock Service, the 40' &45' vehicles. Both vehicles use different seating types suited for services to be provided in Round Rock. The City of Round Rock staff monitors those vehicles put into service in Round Rock to ensure there are no problems with the assigned vehicles. Demographics and Service Maps The City of Round Rock does not have a population greater than 200,000 people,the City does not operate 50 or more vehicles. For this reason,this section is not required. Monitoring Report of Service Standards and Policies The City of Round Rock does not have a population greater than 200,000 people,the City does not operate 50 or more vehicles. For this reason,this section is not required. Public Engagement Process for Recipient's Title VI Policies See The City Public Participation Policy. Results of Service and Fare Equity Analyses The following can be concluded based on the findings of the Title VI equity analysis for Round Rock Transit: • No disproportionate impact on access to mobility for minority or low-income populations • MOD service greatly increases access to mobility for all socioeconomic groups. • The introduction of MOD service increases access to mobility for all, including to the local fixed route service (Route 50) and the commuter services (Route 980 and Route 152) City Management Approval of the Title VI Program The Title VI Program will be presented to the City Council for approval prior to it be submitted to FTA in June 2023. Conclusion The City's 2023 Title VI Program represents the City's continued efforts to maintain strict compliance with all Title VI regulations. Furthermore,this program also shows the City's continued commitment to serving the diverse population within its service area. The City of Round Rock strives to ensure individuals of all backgrounds have equal access to programs, services and activities. 30 TxDOT Specific Requirements The United States Department of Transportation Standard Title VUNondiscrimination Assurances DOT Order No. 1050.2A The City of Round Rock(herein referred to as the "Recipient'), HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration,they are subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),(prohibits discrimination on the basis of race, color, national origin). • 49 C.F.R. Part 21 (entitled Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of The Civil Rights Act of 1964). • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts,the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance,the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,"for which the Recipient receives Federal financial assistance from DOT, including the Federal Highway Administration. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Nondiscrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance,the Recipient agrees with and gives the following Assurances with respect to its federally assisted Department of Transportation programs: 1. The Recipient agrees that each "activity," "facility," or"program," as defined in §§ 21.23 (b)and 21.23 (e)of 49 C.F.R. § 21 will be (with regard to an "activity")facilitated or will be (with regard to a "facility") operated or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests for Proposals for work,or material subject to the Acts and the Regulations made in connection with all Department of Transportation programs and, in adapted form, in all proposals for negotiated agreements regardless of 31 funding source: "The City of Round Rock, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for on award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contractor agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance,as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. Where the Recipient receives Federal financial assistance to construct a facility,or part of a facility,the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property,the Assurance will extend to rights to space on, over, or under such property. 7. The Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits,or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on,over, or under real property acquired or improved under the applicable activity, project, or program. 32 8. That this Assurance obligates the Recipient forthe period during which federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits;or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of TranspOliation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and thisAssurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts,the Regulations, and this Assurance. By signing this ASSURANCE, City of Round Rock also agrees to comply (and require any sub- recipients, sub- grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the DOT access to records,accounts, documents, information,facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the DOT. You must keep records, reports, and submit the material for review upon request to DOT,or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. City of Round Rock gives this ASSURANCE in consideration of and for obtaining any federal grants, loans, contracts, agreements, propeliy, and/or discounts, or other federal-aid and federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under all Department of Transportation programs.This ASSURANCE is binding on Texas, other recipients, sub- recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in all Department of Transportation programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. 2 Craig Mo an, M r Dat City of Round Ro ,Texas 33 APPENDIX A During the performance of this contract,the contractor,for itself, its assignees,and successors in interest (hereinafter referred to as the "contractor")agrees as follows: 1. Compliance with Regulations:The contractor(hereinafter includes consultants)will comply with the Acts and the Regulations relative to Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation,the Federal Highway Administration,as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination:The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project,or program set forth in Appendix B of 49 CFR Part21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding,or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials,or leases of equipment,each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color,or nationalorigin. 4. Information and Reports:The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts,other sources of information,and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.Where any information required of a contractor is in the exclusive possession of anotherwho fails or refuses to furnish the information,the contractor will so certify to the Recipient or the Federal Highway Administration,as appropriate,and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract,the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies;and/or b. cancelling,terminating,or suspending a contract, in whole or in part. 6. Incorporation of Provisions:The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor becomes involved in, or is threatened with litigation by a subcontractor,or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. 34 APPENDIX B Clauses for Deeds Transferring United States Property The following clauses will be included in deeds effecting or recording the transfer of real property, structures,or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW,THEREFORE,the U.S. Department of Transportation as authorized by law and upon the condition thatthe City of Round Rock will accept title to the lands and maintain the project constructed thereon in accordance with all applicable federal statutes,the Regulations for the Administration of all Department of Transportation programs, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Round Rock all the right,title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto City of Round Rock and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Round Rock, its successors and assigns. The City of Round Rock, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that(1) no person will on the grounds of race, color, national origin, sex, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over,or under such lands hereby conveyed and (2) that the City of Round Rock will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3)that in the event of breach of any of the above-mentioned nondiscrimination conditions,the Department will have a right to enter, or re-enter said lands and facilities on said land, and that above- described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction]. * (*Reverted clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 35 APPENDIX C Clauses for Transfer of Real Property Acquired or Improved under the Activity, Facility or Program The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of Round Rock pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate)for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.)for a purpose for which a U.S. Department of Transportation activity,facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.)will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color,or national origin,will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, City of Round Rock will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants,the City of Round Rock will have the right to enter or re-enter the lands and facilities thereon, and the above- described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Round Rock and its assigns. * (*Reverted clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 36 APPENDIX D Clauses for Construction/Use/Access to Real Property Acquired under the Activity, Facility or Program The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by City of Round Rock pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate)for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof,does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land")that (1) no person on the ground of race, color, or national origin,will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin,will be excluded from participation in, denied the benefits of,or otherwise be subjected to discrimination, (3)that the (grantee, licensee, lessee, permittee, etc.)will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Nondiscrimination covenants, City of Round Rock will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Nondiscrimination covenants, City of Round Rock will thereupon revert to and vest in and become the absolute property of City of Round Rock and its assigns. * (*Reverted clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 37 APPENDIX E During the performance of this contract,the contractor,for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex). • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.),as amended,(prohibits discrimination on the basis of disability); and 49 CFR Part 27. • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),(prohibits discrimination on the basis of age). • Airport and Airway Improvement Act of 1982, (49 U.S.C. §4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not). • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. • The Federal Aviation Administration's Nondiscrimination statute(49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex). • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP).To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100). • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). 38 APPENDIX E Bid& Proposal Documents and Contracts The Title VI Coordinator will ensure the required clauses are included in the bid and proposal documents for each project that is funded, in part, by U.S. Department of Transportation and the Federal Highway Administration. The Title VI Coordinator will review the documentation before being released to the public. Upon receipt of bids and proposals the Title VI Coordinator will review them for inclusion of required disclosures, such as Lobbying and Debarment. After contractor or consultant selection is made,the Title VI Coordinator will review the contract documents to ensure inclusion of the required clauses. In addition, any subcontracts of the contractor or consultant will be reviewed to ensure the required clauses are included. Monitoring Program and Annual Work Plan &Accomplishment Report This section includes information on the City's Title VI monitoring program, which includes data collection, data analysis and reporting. Data Collection and Analysis The City will submit the Annual Compliance Plan and Accomplishment Report to the Texas Department of Transportation, Office of Civil Rights. Demographic data will include race, color, national origin, sex, age, and disability of affected citizens, as available.The collected demographic data will be analyzed to ensure there is not a disproportionate effect on protected classes of citizens. The City will use such information as census data,justice maps and other informational sources to determine which populations are being affected by the City's Department of Transportation projects.The Title VI Coordinator will compile the information for the accomplishment report. Reporting The Title VI Coordinator will prepare an annual work plan and accomplishment report of the data analysis. If deficiencies are found in the treatment of Title VI protected person,then corrective actions will be implemented.The report will include information regarding any complaints which may have been received. The goal of the report is to update TxDOT regarding how the City is successfully implementing the Title VI Program. The report will be available for TxDOT to review annually by October 31. 39