Title VI / Nondiscrimination Program

Transcription

1 Title VI / Nondiscrimination Program OF THE COASTAL REGION METROPOLITAN PLANNING ORGANIZATION Prepared by The Coastal Region Metropolitan Planning Organization (CORE MPO) The Chatham County - Savannah Metropolitan Planning Commission (MPC) P.O. Box 8246, 110 East State Street Savannah, Georgia Phone: (912) August 2016

2 The Chatham County-Savannah Metropolitan Planning Commission (MPC) and Coastal Region Metropolitan Planning Organization (CORE MPO) are committed to the principle of affirmative action and prohibit discrimination against otherwise qualified persons on the basis of race, color, religion, national origin, age, physical or mental disability, and where applicable, sex (including gender identity and expression), marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual's income is derived from any public assistance program in its recruitment, employment, facility and program accessibility or services. MPC and CORE MPO are committed to complying with and enforcing the provisions of the Title VI of the Civil Rights Act and other federal and state non-discrimination authorities. CORE MPO is also committed to taking positive and realistic affirmative steps to ensure the protection of rights and opportunities for all persons affected by its plans and programs. The opinions, findings, and conclusions in this publication are those of the author(s) and those individuals are responsible for the facts and the accuracy of the data presented herein. The contents of this report do not necessarily reflect the views or policies of the Department of Transportation, State of Georgia, the Federal Highway Administration, or the Federal Transit Administration. This report does not constitute a standard, specification of regulation.

3 TABLE OF CONTENTS Resolution to Adopt the CORE MPO s Title VI/Nondiscrimination Program... 1 Introduction... 3 CORE MPO s Background and Governance... 3 Title VI / Nondiscrimination Program Development... 4 Title VI / Nondiscrimination Policy Statement... 4 Title VI of the Civil Rights Act of Environmental Justice... 5 Relationship between Environmental Justice and Title VI... 6 CORE MPO s Role in Nondiscrimination and Environmental Justice... 6 CORE MPO s approach on Title VI and Environmental Justice... 7 CORE MPO s goals with regard to Title VI and Environmental Justice... 7 Title VI Program Implementation Strategies... 8 Title VI Coordination between CORE MPO and GDOT... 9 Title VI Coordinator s Responsibilities... 9 Title VI and Environmental Justice Training Title VI Data Collection and Reporting Contracts and Intergovernmental Agreements Disadvantaged Business Enterprises Americans with Disabilities Act Complaint Process and Procedures Title VI/Nondiscrimination Evaluation Appendix A Statutes, Authorities, and Citations Appendix B CORE MPO Metropolitan Planning Area Boundary Appendix C Title VI / Nondiscrimination Notice to the Public I

4 Appendix D Title VI / Nondiscrimination Complaint Process Appendix E Title VI / Nondiscrimination Complaint Form Appendix F Records of Title VI /Nondiscrimination Complaints and Lawsuits Appendix G Environmental Justice Report Appendix H Limited English Proficiency Plan Appendix I Participation Plan Appendix J GDOT 2015 Title VI Questionnaire Appendix K FTA Title VI Data Collection and Reporting for FY II

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7 Introduction The Coastal Region Metropolitan Planning Organization (CORE MPO) is the designated Metropolitan Planning Organization (MPO) for the Savannah urbanized area. CORE MPO was designated a TMA in July CORE MPO is a comprehensive, cooperative and continuing process and is the forum for decision-making on transportation issues in the Savannah area. As a sub-recipient of federal funds, the CORE MPO s transportation planning program is required to comply with Title VI of the 1964 Civil Rights Act, the President s Executive Order on Environmental Justice, and related nondiscrimination statutes, executive orders, and federal regulations (see Appendix A). The primary function of the CORE MPO s Title VI/Nondiscrimination Program is to address Title VI and Environmental Justice principles and requirements as they apply to the CORE MPO s transportation planning process. CORE MPO s Background and Governance The CORE MPO s Metropolitan Planning Area (MPA) includes all of Chatham County, the portion of the 2010 Savannah Urbanized Area located in Effingham County, the City of Richmond Hill, and the portion of the 2010 Savannah Urbanized Area located in unincorporated Bryan County (see Appendix B CORE MPO MPA Boundary). As the designated MPO for the Savannah area, CORE MPO coordinates the regional transportation planning process and investments for the area including: Development and adoption of an annual Unified Planning Work Program (UPWP), which identifies transportation planning activities, major regional planning and operational studies, transit-system planning tasks, and interagency coordination between CORE MPO and state and local jurisdictions; Development and maintenance of the Metropolitan Transportation Plan (MTP), a 20-year plan for transportation systems and investments; Development and maintenance of the Transportation Improvement Program (TIP), a four-year schedule of federally funded projects; Development and maintenance of the Congestion Management Process (CMP), which identifies congestion areas in the region and develops strategies to relieve congestion; and Providing opportunities for public involvement in the transportation planning and decisionmaking process following the adopted guidelines in the CORE MPO s Participation Plan (PP see Appendix I). CORE MPO is governed by a policy committee (CORE MPO Board) made up of elected officials from the jurisdictions within the Savannah area, as well as representatives of the Georgia Department of Transportation (GDOT) and the modal agencies. The organization of CORE MPO consists of the CORE MPO Board and four (4) advisory committees: (1) the Technical Coordinating Committee (TCC), (2) the Economic Development and Freight Advisory Committee (EDFAC), (3) the Citizens Advisory Committee (CAC), and (4) The Advisory Committee on Accessible Transportation (ACAT). Additional committees, subcommittees and ad hoc committees are formed as deemed necessary. The Chatham County Savannah Metropolitan Planning Commission (MPC) provides staffing and administrative support to CORE MPO. 3

8 Title VI / Nondiscrimination Program Development CORE MPO developed its Title VI/Nondiscrimination program based on the federal and state guidance as well as the federal templates outlined in the circulars. The specific components include the Title VI/Nondiscrimination policy statement; principles, polices, approaches and strategies to address Title VI; Title VI/Nondiscrimination complaint procedures and process; and Title VI/Nondiscrimination evaluation and reporting among others. During the development of the Title VI program, the Advisory Committee on Accessible Transportation (ACAT) reviewed the various Title VI components at several committee meetings and provided valuable input and guidance. The other advisory committees were distributed the draft Title VI program documents for review, comment and discussion before they endorsed the program documents. The CORE MPO Board reviewed the draft documents and reports, provided comments and feedback, and adopted the Title VI/Nondiscrimination program by signing a supporting resolution. Title VI / Nondiscrimination Policy Statement The CORE MPO s non-discrimination Title VI Policy Statement is listed below. This policy covers programs and activities of the CORE MPO. This policy statement provides the required assurances to the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) that the CORE MPO s transportation planning process will comply with Title VI, as required by Title 23 Code of Federal Regulations (CFR) Part 200, and Title 49 CFR Part 21. Federal-aid contracts normally must include provisions that require compliance with Title VI. CORE MPO will include Title VI contract provision language in applicable contracts to ensure contractors, subcontractors, and others comply with Title VI. Title VI / Nondiscrimination Policy Statement The Chatham County Savannah Metropolitan Planning Commission (MPC) provides staff support to the Coastal Region Metropolitan Planning Organization (CORE MPO). Policy Statement MPC and CORE MPO are committed to the principle of affirmative action and prohibit discrimination against otherwise qualified persons on the basis of race, color, religion, national origin, age, physical or mental disability, and where applicable, sex (including gender identity and expression), marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual's income is derived from any public assistance program in its recruitment, employment, facility and program accessibility or services. MPC and CORE MPO are committed to complying with and enforcing the provisions of the Title VI of the Civil Rights Act and other federal and state non-discrimination authorities. CORE MPO is also committed to taking positive and realistic affirmative steps to ensure the protection of rights and opportunities for all persons affected by its plans and programs. For better information dissemination, CORE MPO has made it a policy to include the nondiscrimination Title VI statement as a part of all of the plans, programs, studies and reports that the MPO produces. These include the Metropolitan Transportation Plan (MTP), the Transportation Improvement Program (TIP), the Unified Planning Work Program (UPWP), the Participation Plan (PP), the Congestion 4

9 Management Process (CMP), and all of the final reports of special studies. These documents are not only available on the CORE MPO s website, but also available at the public libraries and in the offices of the public review agencies. Title VI of the Civil Rights Act of 1964 Section 601 of the Civil Rights Act of 1964 states: No person in the Untied States shall, on the grounds of race, color, or national origin be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Subsequent legislation has extended the protections under Title VI to prohibit discrimination based on gender, disability, age, and income status. The Civil Rights Restoration Act of 1987 established that Title VI applies to all programs and activities of Federal-aid recipients, sub-recipients, and contractors whether those programs and activities are federally funded or not. Title VI bars intentional discrimination as well as disparate impact discrimination (i.e., a neutral policy or practice that has a disparate impact on protected groups). Environmental Justice In 1994, President Clinton issued Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. The Executive Order focused attention on Title VI by providing that "each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and lowincome populations." A series of orders have been issued by federal agencies requiring the incorporation of Environmental Justice principles into federal programs and policies. Additional clarifying materials have also been issued. The following materials are applicable to transportation planning issues. The United States Department of Transportation (USDOT) issued an Order on Environmental Justice (USDOT Order a) in The Federal Highway Administration (FHWA) issued an Order on Environmental Justice (FHWA Order ) in On October 7, 1999, FHWA and the Federal Transit Administration (FTA) issued a memorandum to their respective field administrative offices clarifying Title VI requirements in metropolitan and statewide planning. The memorandum identifies a series of actions that can be taken to support Title VI compliance and Environmental Justice goals, improve planning performance, and minimize the potential for subsequent corrective action and complaint. In addition, the FTA has issued a Circular in 2007 (FTA A updated in 2012) which contains requirements and guidelines for Metropolitan Planning Organizations. There are three fundamental Environmental Justice principles: 1. To avoid, minimize, or mitigate disproportionately high and adverse human health or environmental effects including social and economic effects on minority populations and lowincome populations. 2. To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process. 5

10 3. To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority populations and low-income populations. Environmental Justice must be considered in all phases of planning and focuses on enhanced public involvement and an analysis of the distribution of benefits and impacts. Although Environmental Justice concerns are more frequently raised during project development, Environmental Justice applies equally to the process and products of planning, which are the primary activities of CORE MPO. Relationship between Environmental Justice and Title VI The need to consider environmental justice is embodied in many laws and regulations including Title VI of the Civil Rights Act of The federal actions on Environmental Justice serve to reaffirm Title VI responsibilities by directing every Federal agency to make environmental justice part of its mission by identifying and addressing the effects of all programs, policies, and activities on "minority populations and low-income populations." Environmental Justice and Title VI concepts, which focus on understanding and properly addressing the unique needs of different socioeconomic groups, are vital components to effective transportation decision-making. CORE MPO s Role in Nondiscrimination and Environmental Justice As a recipient of federal and state funds, CORE MPO is subject to the provisions of Title VI including environmental justice. The MPO serves as the primary forum where the Georgia Department of Transportation (GDOT), the transit provider (the Chatham Area Transit), local governments, modal agencies, and the public develop transportation studies, plans, and programs that address regional transportation planning issues. In this role, the MPO can help local public officials understand how Title VI and Environmental Justice requirements improve planning and decision-making. To certify compliance with Title VI and address environmental justice, CORE MPO needs to: Maintain and enhance the analytical capabilities to ensure that the Metropolitan Transportation Plan (MTP) and the Transportation Improvement Program (TIP) comply with Title VI and EJ. Develop a demographic profile (based on Census data) of the CORE MPO s metropolitan planning area that includes identification of the locations of socio-economic groups including low-income, minority, elderly, disabled, and LEP populations. In addition, as much as possible, identify the transportation patterns of these socio-economic groups so that their transportation needs can be identified and addressed and to determine if the benefits and burdens of transportation investments are being fairly distributed. Evaluate and where necessary improve their public involvement processes to eliminate participation barriers and engage these traditionally underserved populations (minority, lowincome, LEP, elderly, disabled, etc.) in transportation decision- making. MPOs act as coordinators with many agencies involved in transportation planning. CORE MPO creates a Metropolitan Transportation Plan (MTP) that follows federal guidelines for financial constraint. The MTP contains a list of programs and projects on the regional system that address safety, mobility, and multi-modal transportation needs over a 20-year timeframe. The Transportation Improvement Program (TIP) distributes surface transportation program (STP) and other federal transportation funds to local agency partners for construction of infrastructure projects, transit and multi-modal travel, traffic operations management, data collection, and planning activities. 6

11 As the agency responsible for coordinating the regional transportation planning process, CORE MPO makes sure that all segments of the population have the opportunity to be involved with the planning process. In compiling the projects that make up the MTP and TIP, CORE MPO is responsible for evaluating the impact on proposed transportation investments on population groups that may be traditionally under-served or under-represented. CORE MPO s approach on Title VI and Environmental Justice It has been the CORE MPO s long-standing policy to actively ensure nondiscrimination, to respond quickly and appropriately to any complaints of discrimination, and to ensure that transportation planning complies with environmental justice principles. As a recipient of federal funds, CORE MPO is required to annually certify its commitment to nondiscrimination under Title VI and EJ as part of the MPO s Transportation Improvement Program. Based on the Census data, CORE MPO has created and updated reports ( Environmental Justice Report see Appendix G, Limited English Proficiency Plan see Appendix H, etc.) that identify low-income and minority populations, as well as elderly, mobility-limited, and non-english speaking populations. These reports are all available for review on the CORE MPO s website at These reports are used by the MPO to evaluate and report on the benefits and impacts of proposed and final transportation plan and program. CORE MPO has developed and updated a Participation Plan (see Appendix I) that addresses the need to communicate with communities that may be traditionally underserved such as people with disabilities. As a part of this effort, CORE MPO maintains contact information that includes members of communities that may be traditionally underserved / under-represented and agencies that serve these communities. The CORE MPO s Advisory Committee on Accessible Transportation (ACAT) is a standing committee that provides vital input on how to meet the transportation needs of the disabled community. The MPO has developed several types of informational material such as orientation guides and brochures to describe to the public what an MPO is, its role and relation to GDOT and transportation functions of local jurisdictions, as well as information on why and how citizens should get involved. These materials are provided to the public at presentations, public meetings and open house events. In order to adapt and adjust strategies to improve public participation, CORE MPO has and will continue to periodically evaluate its approach and techniques for public involvement. CORE MPO s goals with regard to Title VI and Environmental Justice CORE MPO is committed to preventing discrimination and fostering a just and equitable society and recognizes the key role that transportation services provide to the community. CORE MPO establishes the following basic principles to serve as overall objectives in implementing this Title VI program; Make transportation decisions that strive to meet the needs of people throughout the Savannah region; Enhance the public involvement process to reach all segments of the population and ensure that all groups have the opportunity to have a voice in the transportation planning process regardless of race, color, national origin, gender, age, disability, and income status; Provide the community with opportunities to learn about and improve the quality and usefulness of transportation in their lives; 7

12 Improve data collection, monitoring, and analysis tools that assess the needs of, and analyze the potential impacts of, transportation plans and programs on Title VI protected populations; Avoid disproportionately high and adverse impacts on Title VI protected populations; and Comply with the requirements of Title VI, Environmental Justice, and related nondiscrimination statutes, regulations, and federal directives. Title VI Program Implementation Strategies Strategies for Addressing Environmental Justice (EJ) in Planning Efforts CORE MPO is committed to ensuring that its transportation planning process meets the transportation accessibility, mobility, and safety needs of all people throughout the Savannah region and avoids disproportionately high and adverse human health or environmental effects, including social and economic effects, on Title VI protected populations. Though it is recognized that much of the evaluation for environmental justice issues will occur at the specific project level (which is the responsibility of the project sponsor) rather than the overall transportation planning process, CORE MPO can use a variety of measures to identify the risk of discrimination so that positive corrective action can be taken during the planning phases and to serve as a building block in subsequent decision making and analysis of project developments. These measures include early engagement with Title VI protected populations, data collection efforts, and using Census and GIS and other techniques to identify the benefits and impacts of projects identified in the Metropolitan Transportation Plan (MTP) and the Transportation Improvement Program (TIP). Strategies for Engaging Individuals with Limited English Proficiency (LEP) According to the American Community Survey data, more than 5,000 persons in the Savannah area are linguistically isolated, surpassing the LEP threshold of 1,000. The inability to communicate in English may result in individuals being un-informed of transportation issues and being unable to participate in the transportation planning process and/or impact decisions. Of the people that are linguistically isolated, the majority are Spanish speaking persons. CORE MPO does not have financial resources to translate all vital documents into Spanish or to hire a staff member that is fluent in Spanish, but the MPO has identified potential translation services and opportunities and will make arrangements to provide such services as resources allow. Strategies for Addressing Title VI in Public Participation Activities CORE MPO is committed to early and continuing public participation in transportation planning, programming, and implementation, which is one of the requirements of the federal legislation. In seeking public comment and review, CORE MPO makes a concerted effort to reach all segments of the population including Title VI protected populations. CORE MPO maintains a website at The website is updated frequently and contains information related to MPO activities, including the following: o CORE MPO s planning documents including the most up-to-date Metropolitan Transportation Plan (MTP), the Transportation Improvement Program (TIP), and the Unified Planning Work Program (UPWP); o Public notices of amendments to the MTP or TIP with dates and times of public hearings; o CORE MPO committee meeting information including agendas with date, time, and location; 8

13 o Meeting minutes; o Staff contact information; o Planning study documents and planning study websites; o Maps, press releases, notices, and other information, as necessary, to provide the public with accurate and up-to-date information related to transportation issues and planning; o Public participation documents such as the Participation Plan, Title VI related reports, educational brochures, etc.; and o Links to other websites that contain information of ongoing transportation studies and projects in the Savannah area. Upon its adoption, the updated CORE MPO s Title VI Program will be posted on the CORE MPO website along with the complaint process and form in an easily accessible location. Strategies to inform and involve the public with regional transportation planning are described in the CORE MPO s Participation Plan (see Appendix I - also posted on the MPO s website). In order to explain the MPO s role in transportation planning, how it coordinates with state and local transportation partners, and how the public can participate in planning and decision making, CORE MPO developed orientation materials and conducted Citizens Academy with the MPC. Press releases and public notices are created and distributed, as needed, to an extensive list of media contacts, consultation agencies, local groups and organizations, individuals, and the CORE MPO/MPC websites and contain contact information for CORE MPO staff. CORE MPO will continue to identify traditionally under-involved populations within the region including minority, LEP, low income, and senior citizen populations via Decennial Census and American Community Survey census data. Public outreach efforts will be designed to fully include these populations in the transportation planning process. CORE MPO will develop a list of translator/translation contacts and services available to provide service when working with those with Limited English Proficiency (LEP). Meetings are open to the public at ADA-accessible locations and publicized advance notification is given through a variety of media and other outlets. Public comment and participation is encouraged. Title VI Coordination between CORE MPO and GDOT The Executive Director of the Chatham County Savannah Metropolitan Planning Commission (MPC), serving as a CORE MPO staff and overseeing the CORE MPO transportation planning process, is responsible for the Civil Rights Act, Title VI and other related nondiscrimination acts. The Title VI Coordinator is also responsible for coordinating with the Title VI Specialist in GDOT s Office of Civil Rights. Title VI Coordinator s Responsibilities The CORE MPO s Title VI Coordinator or his/her designee is responsible for initiating and monitoring Title VI activities, preparing required reports, and other responsibilities as required by Title 23 Code of Federal Regulations (CFR) Part 200, and Title 49 CFR Part 21, including: Ensuring that all CORE MPO program administration is in compliance with Title VI requirement; 9

14 Monitoring progress, implementation, and compliance issues; Ensuring that no person is denied access to, or participation in, MPO programs; Ensuring that full and fair participation is available to all potentially impacted communities in the decision-making process; Distributing Title VI information to MPO staff, committee members, sub-recipients and contractors, and the public; providing Title VI information on the CORE MPO website, and providing Title VI training and/or materials upon request; Evaluating and ensuring that intergovernmental agreements or contracts with any subcontracting entities will include language that requires Title VI compliance including nondiscrimination and environmental justice language; Processing, investigating, and attempting to resolve Title VI complaints regarding CORE MPO, sub recipients, consultants, and contractors; Overseeing the collection of demographic data; and Signing the GDOT-MPO Joint Certification during the annual TIP development process which includes compliance with Title VI provisions. Title VI and Environmental Justice Training CORE MPO staff members will attend FHWA, FTA or GDOT-sponsored Title VI and Environmental Justice trainings as opportunities arise. These trainings include on-site classes and webinars. The training materials will be made available to new CORE MPO staff, the CORE MPO Board and advisory committee members, and sub-recipients, consultants, and contractors via various methods. The MPO will keep track of trainings/attendees and use these records as part of the MPO's goals/accomplishments report. Title VI Data Collection and Reporting CORE MPO is required to consider the impacts of its MTP and TIP, and other plans and programs have on Title VI protected populations. It is important to evaluate issues regarding the equity of both service provision and distribution of impacts related to alternatives on various population groups within the region. To this end, CORE MPO will continue to update information on minority and low-income population groups and use this information in its planning and development of the MTP and TIP. In addition, CORE MPO will collect demographic information on public participation and document all instances of Title VI complaints. The following procedures are hereby established for data collection and reporting: 1. Transportation Disadvantaged Reports and ACS Data CORE MPO staff will identify the transportation disadvantaged populations in the CORE MPO s planning area using data from the decennial census and American Community Survey in the EJ and LEP reports (see Appendices G Environmental Justice Report and Appendix H Limited English Proficiency Plan). For planning purposes, these reports identify the potential transportation disadvantaged populations as including one of the following: Non-white and white/hispanic persons 10

15 Elderly persons Persons in households with income below the poverty level Linguistically isolated persons Persons with go-outside-home disabilities Census data is analyzed, and concentrations of the various transportation disadvantaged populations are identified with tables and maps. For transportation planning purposes, the size and location of the transportation disadvantaged population groups is useful in evaluating whether or not recommended improvements adequately address their unique needs and whether any negative aspects of a recommended action will disproportionately impact these members of the community. In addition, the geographic profile of the Savannah region is a useful tool in designing public involvement efforts and activities to meet the needs of the communities within the Savannah region. The American Community Survey is an on-going nation-wide sample survey of the population conducted by the Census Bureau. Beginning in 2010, data reported at the census tract and block group levels are averaged over a five-year sample. Though the ACS data has high margins of error that can lead to incorrect information, this data will be a valuable source (in some instances the only source) for updating the demographic profile of the Savannah region. 2. Collect Demographic Information on Public Participants CORE MPO staff shall strive to collect demographic information on persons attending public participation events. This shall be accomplished by summarizing results from comment/feedback forms which request demographic information from participants at public meetings and workshops and public opinion polls. The submittal of demographic information will be voluntary. 3. Maintain Records of Title VI complaints The CORE MPO shall maintain records of complaints that it receives, as well as materials related to the investigation, final determination, and corrective actions, if any, that have been taken (see Appendix F). Contracts and Intergovernmental Agreements CORE MPO executes intergovernmental agreements with the Georgia Department of Transportation, the Chatham Area Transit Authority, and other MPO partners for the performance of specific projects or activities. The standard language incorporated into these intergovernmental agreements requires that the partners comply with all applicable federal, state, and local laws, rules, ordinance, and regulations at all times and in the performance of the work. This provision would include the nondiscrimination and environmental justice provisions contained under Title VI of the Civil Rights Act and accompanying rules and orders. Disadvantaged Business Enterprises As it relates to Title VI compliance, CORE MPO encourages participation by disadvantaged business enterprises (DBEs) in procurement of consultant services. The DBE participation is reviewed and monitored by CORE MPO in the following ways. Request for Proposals (RFP) or Request for Qualification (RFQ) - CORE MPO encourages DBE/WBE (women owned business) participation in the RFQ/RFP issuances. DBE/WBE 11

16 participation is always one of the evaluation criteria in consultant selection. CORE MPO utilizes the GDOT DBE program as a guidance to achieve DBE goals where federal funds are involved. The GDOT list includes information on which consultant is a DBE and in which areas of work the consultant is pre-qualified. The GDOT s pre-qualification is a pre-determinant for CORE MPO s consultant selection. Contracts - CORE MPO s contracts Nondiscrimination clause states the contractor, with regard to the work performed by it after award and prior to completion of contract work, will not discriminate on the ground of race, color, national origin or sex in the selection and retention of subcontractors including procurement of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program, set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in the discrimination prohibited by 23 CFR 200 (b). DBE Tracking - CORE MPO tracks actual payments to DBEs through invoices for different tasks. Normally a DBE serves as a subconsultant. Each study is different regarding DBE participation. The DBE tracking is conducted on a project-by-project basis. The MPO must report to GDOT on an annual basis on how the MPO incorporates consultant monitoring and review within its Title VI processes (for more information, please see Appendix J GDOT 2015 Title VI Questionnaire). Some examples are listed below. SR 204 Corridor Study Total DBE participation is 23% McMillan and Associates (MBE) - 3% for public involvement activities Symbioscity and Lott + Barber (WBE) - 3% for public involvement activities All Traffic Data (DBE) - 2% for traffic data collection Edwards-Pitman (WBE) - 15% for environmental services SR 21 Corridor Study - Total MBE/WBE participation is 13.5% Lott + Barber / Symbioscity (WBE) - 4.7% of project cost for Public and stakeholder involvement McMillian and Associates (MBE) - 2% of project cost for Public and stakeholder involvement Edwards-Pittman (WBE) - 6.8% of project cost for environmental services US 80 Bridges and Road Safety Improvements Total DBE participation is 17.5% Lott + Barber, WBE, 10% of project cost (Data Collection and Evaluation of Previous Studies, Alternatives, Evaluation of Alternatives and Selection of Recommended Alternatives, Concept development, Public Involvement) McMillian Associates, MBE, 3.7% of project cost (Public Involvement) Symbioscity, WBE, 3.8% of project cost (Public Involvement) I-16 Exit Ramp Removal Total DBE participation is 6% Grice and Associates (MBE) - 4% of project cost for transportation analysis McMillan and Associates (MBE) - 2% of project cost for Public and stakeholder involvement- MBE 12

17 Americans with Disabilities Act The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability. The CORE MPO s planning process addresses ADA in the following ways. The MPO prohibits discrimination in the planning process, employment and business opportunities on the basis of disability or other Title VI components; The MPO has developed a Title VI/Nondiscrimination policy; The MPO has developed goals and strategies to address ADA and other Title VI requirements; The MPO s public participation process is consistent with ADA and Title VI requirements (see Appendix I Participation Plan); The MPO s Advisory Committee on Accessible Transportation (ACAT) provides vital input on how to meet the transportation needs of the disabled community, both for the MPO s planning process and for the Chatham Area Transit (CAT) service and policy implementations; The MPO has developed a Title VI/Nondiscrimination complaint process so that ADA related complaints can be handled (see Appendix D for complaint process and Appendix E for complaint form); The MPO has developed a demographic profile of the Metropolitan Planning Area (MPA) that includes locations of protected populations including people with disabilities (see Appendix G Environmental Justice Report); and The MPO s planning process considers the transportation needs of people with disabilities (see Appendix G Environmental Justice Report). Complaint Process and Procedures According to 28 CFR (b): Complaints - Any person who believes himself or any specific class of individuals to be subjected to discrimination prohibited by this subpart may by himself or by a representative file with the responsible Department official or his designee a written complaint. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the responsible Department official or his designee. To timely catch formal complaints, the CORE MPO s process stipulates the following. If any individual believes that any program beneficiaries have been subjected to unequal treatment or discrimination based on the grounds of race, color, national origin, Limited English Proficiency, gender, income, age, or disability, that individual may exercise their right to file a complaint with the CORE MPO. A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. The complaint must be in writing and signed by the complainant(s). Formal complaints will be submitted, evaluated, and processed (see Appendix D and Appendix E for specific Title VI complaint procedures and forms). Persons submitting a verbal complaint will be advised to put the same complaint in writing, in order to facilitate documentation of receipt and resolution. If such person is unable to write or have a companion write for them, MPO staff will log the verbal complaint, establishing an orderly one-by-one process as needed. Title VI/Nondiscrimination Evaluation CORE MPO conducts Title VI/Nondiscrimination evaluation in several different ways. 13

18 During the annual development of the Transportation Improvement Program, CORE MPO and GDOT evaluate the MPO s planning process including its Title VI/Nondiscrimination compliance before signing the CORE MPO - GDOT joint certification. This practice ensures that the MPO s planning process always meets the federal requirements. During the annual application of the Section 5303 funds to support the CORE MPO s transportation planning process, the MPO must submit an Exhibit 5 for FTA Title VI data collection and reporting. The required information includes both General Requirements and MPO Reporting Requirements (see Appendix K for example and more information). This annual reporting provides another opportunity for the MPO to evaluate and document its Title VI/Nondiscrimination compliance. GDOT produces an annual Title VI Questionnaire. In order to provide answers to the questionnaire, the MPO evaluates its Title VI/Nondiscrimination practice for the past year and makes improvements where needed. The 2015 Questionnaire is included in Appendix J for information. Once every two calendar years, the MPO will evaluate its participation outcomes using the quantifiable measures including Title VI related information. Over time, the target is to see improved annual averages in the identified types of participation outcomes from one evaluation to the next. Appropriate records will be kept on an ongoing basis to allow efficient review. The measure will be averages across the two-year period. The evaluation also may include additional detail associated with the actual metrics as needed, such as how comments or complaints (if any) were addressed. An evaluation report will summarize the results the CORE MPO s biennial measure of effectiveness. The Participation Plan, Section 4 Measures of Effectiveness (Appendix I) includes more information. Every five years, the MPO will update its Metropolitan Transportation Plan (MTP). During the MTP update process, the MPO will evaluate its Title VI/Nondiscrimination process and update all of the Title VI reports. Every four years, the MPO goes through a federal certification review process where FHWA/FTA issues statements regarding the CORE MPO s planning process including Title VI compliance. The federal evaluation ensures that the MPO will continue the good practices that have been commended and make improvements to the follow-up actions. 14

19 Appendix A Statutes, Authorities, and Citations Title VI of the Civil Rights Act provides 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 receiving federal financial assistance (refer to 23 Code of Federal Regulations (CFR) and 49 CFR Part 21). Since the Civil Rights Act was passed, other nondiscrimination authorities have expanded the scope and range of Title VI, including the following. The Federal Aid Highway Act of 1973 (23 USC 324) prohibits discrimination based upon sex (gender). Section 504 of the Rehabilitation Act of 1973 (29 USC 794) and Title II of the American with Disabilities Act (42 USC et seq. and 49 CFR Parts 27, 37, 38) extended the protections under Title VI of the Civil Rights Act of 1964 to prohibit discrimination based on disability. The Age Discrimination Act of 1975 prohibits discrimination based on age (42 USC 6101). The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of the terms programs or activities to include all programs or activities of Federal Aid recipients, sub-recipients, and contractors, whether such programs and activities are federally assisted or not (refer to Public Law [S. 557] March 22, 1988). Executive Order (28 CFR Part 41) requires consistent and effective implementation of various laws prohibiting discriminatory practices in programs receiving Federal financial assistance, including Title VI of the Civil Rights Act of 1964 (42 United States Code (USC)2000d et seq.). The Americans with Disabilities Act of 1990 prohibits discrimination based on disability. Executive Order (28 CFR 50) directs federal agencies to evaluate impacts on low income and minority populations and ensure that there are not disproportionate adverse environmental, social, and economic impacts on communities, specifically minority and low income populations. This order also directs federal agencies to provide enhanced public participation where programs may affect such populations. In 1998, the USDOT issued Order which contained policies and procedures for the FHWA to use in complying with Executive Order On October 7, 1999, FHWA and FTA issued a memorandum to their respective field administrative offices clarifying Title VI requirements in metropolitan and statewide planning. The memorandum provides division FHWA and FTA staff a list of proposed review questions to assess Title VI capability and provides guidance in assessing Title VI capability. Failure to be in compliance can lead to a corrective action being issued by FTA and/or FHWA, and failure to address the corrective action can affect continued Federal funding. Executive Order is designed to improve access to federally-conducted and federally-assisted programs and activities for persons who, as a result of national origin, are limited in their English proficiency (LEP). The Executive Order requires Federal agencies to examine the services they provide, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them. To assist Federal agencies in carrying out these responsibilities, the U.S. Department of Justice has issued a Policy Guidance Document, Enforcement of Title VI of the Civil Rights Act of 1964 National Origin Discrimination against Persons with Limited English Proficiency (LEP Guidance). This LEP Guidance sets forth the compliance standards that recipients of Federal financial assistance must follow to ensure that their programs and activities normally provided in English are accessible to LEP persons and thus do not discriminate on the basis of national origin in violation of Title VI s prohibition against national 15

20 origin discrimination. The U.S. Department of Transportation has issued Policy Guidance Concerning Recipients Responsibilities to Limited English Proficient (LEP) Persons (DOT LEP Guidance, Federal Register, vol. 70, no. 239, pp , December 14, 2005). 23 CFR 200 and 49 CFR 21 are administrative regulations from the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) that specify requirements for state DOTs to implement Title VI policies and procedures at the state and local levels. The U.S. Department of Transportation Planning Assistance and Standards require metropolitan planning organizations (MPOs) to seek out and consider the needs of those traditionally underserved by existing transportation systems, such as low-income and minority households, who may face challenges accessing employment and other services (refer to 23 CFR ). The US Department of Transportation (USDOT) issued an Order on Environmental Justice (DOT Order a) which describes the process that the Office of the Secretary and each Operating Administration will use to incorporate environmental justice principles (as embodied in the Executive Order) into existing programs, policies, and activities. As the USDOT s response to Executive Order 12898, it generally describes the process for incorporating environmental justice principles into DOT programs, policies, and activities. The objective of the Order is to ensure that the interests and well being of minority populations and low-income populations are considered and addressed during transportation decision making, and to achieve this by working within the existing statutory and regulatory requirements. Like Executive Order 12898, the DOT Order does not create a new set of requirements for state and local agencies but is intended to reinforce considerations already embodied in existing law, such as NEPA and Title VI. The Order states that DOT will not carry out any programs, policies, or activities that will have a disproportionately high and adverse effect on minority populations or low-income populations unless further mitigation measures or alternatives that would avoid or reduce the disproportionately high and adverse effect are not practicable. The FTA has issued a Circular in 2007 (FTA A- updated in 2012) which contains requirements and guidelines for MPOs. 16

21 P Appendix B CORE MPO Metropolitan Planning Area Boundary CORE MPO Metropolitan Planning Area (MPA) Effingham UV Legend CORE MPO MPA Boundary UV 30 UV 21 Buckhead Urban Cluster JIMMY 80 DELOACH PK WY PK WY UV 21 Rincon Urban Cluster Savannah Urbanized Area Tybee Island Urban Cluster 16 PO O LER UV 21 UV Y KW 17 Bryan UV VETERANS PKWY Chatham 516 TRUMA N HARRY S 80 μ Miles 17