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Sharon Challenger Office of Civil Rights January 1, 2020 WWW.VITRANVI.COM DEPARTMENT OF PUBLIC WORKS FEDERAL TRANSIT ADMINISTRATION TITLE VI PROGRAM 1 Office of Public Transportation Title VI Program TABLE OF CONTENTS Chapter Table of Contents I. INTRODUCTION AND BACKGROUND 3 1. Purpose………………………………………………………………………………………… 3 2. Virgin Islands Department of Public Works’ Office of Transportation Activities………. 3 3. Title VI Policy Non-discrimination Statement…………………………...…………………. 5 4. Population Size and Composition ………………………………………………………….. 6 II. PROGRAM OVERVIEW…………………………………………………………………………. 7 1. Program Objectives…………………………………………………………………………. 7 2. Statutory Authority……………………………………………………………………………. 7 3. Regulatory Authority………………………………………………………………………….. 7 4. Additional Documents………………………………………………………………………... 8 5. Reporting Requirements…………………………………………………………………….. 8 6. Applicability To Contractors…………………………………………………………………. 9 III. GENERAL REQUIREMENTS AND GUIDELINES……………………………………………. 10 1. Introduction……………………………………………………………………………………. 10 2. Requirements to Provide Title VI Assurances…………………………………………….. 10 3. Requirements for First Time Applicants……………………………………………………. 10 4. Requirements To Prepare and Submit A Title VI Program………………………………. 10 5. Requirements To Notify Beneficiaries of Protection Under Title VI…………………….. 10 6. Requirements To Develop Title VI Complaint Procedures and Complaint Form……… 13 7. Requirements To Record and Report Transit Related Title VI Investigations … Complaints and Lawsuits 15 2 Office of Public Transportation Title VI Program 8. Promoting Inclusive Public Participation…………………………………………………... 16 9. Work Plan…………………………………………………………………………………….. 19 10. Requirement To Provide Meaningful Access To LEP Persons…………………………. 19 11. Minority Representation On Planning and Advisory Bodies………………………….. 26 12. Providing Assistance To Sub-recipients…………………………………………………… 26 13. Monitoring Sub-recipients…………………………………………………………………… 27 14. Determination of Site or Location of Facilities…………………………………………….. 28 15. Demographic Service Area & Territory-wide Profile Maps And Charts………………… 30 16. Service Standards & Policy 32 17. Requirement to Provide Additional Information Upon Request…………………………. 39 IV. APENDICES A. POLICY STATEMENT 41 B. TITLE VI NOTICE TO THE PUBLIC 42 C. TITLE VI COMPLAINT PROCEDURES 44 D. TITLE VI COMPLAINT FORM 46 E. TRANSIT RELATED TITLE VI INVESTIGATIONS, COMPLAINTS AND LAWSUITS 50 F. VIDPW ORGANIZATION CHART 51 3 Office of Public Transportation Title VI Program CHAPTER I I. INTRODUCTION AND BACKGROUND PURPOSE 1. The purpose of this program is to enable the Virgin Islands Department of Public Works/Office of Public Transportation VIDPW/OPT and its sub recipients to comply with the guidance and requirements as stipulated in the Federal Transit Administration Circular 4702.1B. The VIDPW/OPT is a designated recipient for Federal Transit Administration (FTA) funding. VIDPW/OPT will carry out and ensure full compliance with the provisions of Title VI of the Civil Rights Act of 1964, as amended (referred to as Title VI), 49 CFR Part 21, and 23 CFR Part 200, and related statutes and regulations in all Department programs and activities. The information contained in this report is VIDPW/OPT’s Title VI Program for the period of February 2, 2017 – January 31, 2020. VIDPW/OPT is scheduled to submit its next program by February 1, 2023. Title VI information, guidance and requirements is located on the Federal Transit Administration (FTA) website at www.fta.dot.gov/civilrights. Title VI details including how to file complaints and other relevant information pertaining to the Title VI requirements can be found on this website at www.dpw.vi.gov . 2. V.I. DEPARTMENT OF PUBLIC WORKS’ OFFICE OF PUBLIC TRANSPORTATION VIDPW/OPT ACTIVITIES. The VIDPW/OPT is responsible for the planning, implementing, developing policies and procedures, and delivering a transportation system and services territory-wide. The service provides fixed-route bus, complementary paratransit service and ferry service. VIDPW/OJT oversees and promotes public transit as a viable option within the territory. The VIDPW/OPT ensures that no one in the territory shall, on the basis of race, color, national origin or limited English Proficiency be denied the benefits of or be otherwise subjected to discrimination under any program or activity it administers. 4 Office of Public Transportation Title VI Program The VIDPW/OPT shall establish policies and practices that ensure compliance with Title VI of the Civil Rights Act of 1964 (as amended) and related statutes. The Virgin Islands Department of Public Works’ Office of Public Transportation will familiarize its staff and sub recipients with the information set forth in Chapter II (Overview), including the objectives of Circular FTA C 4702.1B, the regulatory and underlying policy basis for the guidance provided in the remaining chapters, and the definitions of terms. 5 Office of Public Transportation Title VI Program 6 Office of Public Transportation Title VI Program 4. Population Size and Composition The U. S. Virgin Islands Department of Public Works’ Office of Public Transportation VIDPW/OPT is the Designated Recipient of Federal financial assistance and has management oversight of several programs, including the Virgin Islands Public Transportation System (VITRAN). The VIDPW/OPT, through VITRAN, provides Fixed Route and ADA Paratransit service territory-wide to a growing number of elderly and persons with disabilities. VITRAN operates territory-wide on St. Thomas, St. John and St. Croix five days per week. We are using the information from 2010 Census Data, since the 2020 Census Data is not yet available. Information from the 2000 Census showed the territory’s population to be 108,612 persons. In 2010, the population was 106,405. The population showed a decrease of 1,270 or 2%. The following table shows the population by islands. ISLAND YEAR 2000 YEAR 2010 % DIFFERENCE St. Croix 53,234 50,601 47% -1,233 St. Thomas/Water Island 51,181 51,634 48.5% +453 St. John 4,197 4,170 4% -90 TOTAL POPULATION 108,612 106,405 100% 1,270 Figure 1 . Data taken from the 2010 Census of the U.S. Virgin Islands 7 Office of Public Transportation Title VI Program CHAPTER II PROGRAM OVERVIEW 1. PROGRAM OBJECTIVES: The VIDPW/OPT is aware that Chapter II Program Overview contains direction, guidance and procedures used in the Territory’s Title VI Program. All sub recipients will follow the direction, guidance and procedures contained in the Territory’s Title VI Program as they relate to the following: a. The VIDPW/OPT and its sub recipients will ensure that the level and quality of public transportation service is provided in a non-discriminatory manner. b. The VIDPW/OPT and its sub recipients will promote full and fair participation in public transportation decision-making without regard to race, color, or national origin. c. The VIDPW/OPT and its sub recipients will ensure meaningful access to transit- related programs and activities by persons with limited English proficiency. 2. STATUTORY AUTHORITY The VIDPW/OPT and its sub recipients will ensure that all of its activities are in compliance with Section 601 of Title VI of the Civil Rights Act of 1964, that states “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance”. The VIDPW/OPT will ensure that all of its activities are in compliance with Title VI. 3. REGULATORY AUTHORITY The VIDPW/OPT and its sub recipients will comply with applicable provisions of the Department of Transportation (DOT) Title VI Regulations found in 49 CFR part 21. 8 Office of Public Transportation Title VI Program VIDPW/OPT will provide all sub recipients and will reference to the DOT Title VI Regulations within the Territory’s Title VI Program. 4. ADDITIONAL DOCUMENTS a. Policy Guidance Concerning Recipient’s Responsibilities to Limited English Proficient Persons (DOT LEP Guidance) 70 FR 74087 (December 14, 2005): The VIDPW/OPT and its sub recipients will comply with the prohibition against national origin discrimination in Title VI of the Civil Rights Act of 1964, as it affects limited English proficient persons. b. Section 12 of FTA’s Master Agreement: The VIDPW/OPT agrees to comply, and assures the compliance of each third-party contractor at any tier and each sub recipient at any tier of the project, with the provisions of 49 USC Section 5332, which prohibit discrimination on the basis of race, color, national origin, and prohibits discrimination in employment or business opportunity. The VIDPW/OPT further agrees to comply, and assures the compliance of each third-party contractor at any tier and each sub recipient at any tier of the project, with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, and with 49 CFR part 21, Non-discrimination in Federal Financial Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act. The VIDPW/OPT and all its sub recipients shall comply with all applicable Federal directives, current or future, not listed herein. 5. REPORTING REQUIREMENTS: The VIDPW/OPT will comply with all applicable provisions of Territory’s Title VI Program and agrees to document its compliance by submitting a Title VI Program to the FTA Regional Civil Rights Officer once every three years. 9 Office of Public Transportation Title VI Program The VIDPW/OPT will require all sub recipients to submit a compliance report to the responsible VIDPW/OPT quarterly in order to assist the primary recipient in its compliance efforts. The compliance report will be developed utilizing detail information from Title VI FTA Circular 4702.1B and the VIDPW Title VI Program. 6. APPLICABILITY TO CONTRACTORS The VIDPW/OPT will ensure that contractors and subcontractors are following the VIDPW Title VI Program and are complying with Title VI. 10 Office of Public Transportation Title VI Program CHAPTER III GENERAL REQUIREMENTS AND GUIDELINES 1. INTRODUCTION The VIDPW/OPT complied with the FTA Circular 4702.1B dated October 1, 2012 in preparation of this Title VI Program. 2. REQUIREMENTS TO PROVIDE TITLE VI ASSURANCES In accordance with 49 CFR Section 21.7(a), the VIDPW/OPT assures that every application for federal financial assistance from FTA must be accompanied by an assurance that the applicant will carry out the program in compliance with DOT’s Title VI regulations and the VIDPW Title VI Program. 3. REQUIREMENTS FOR FIRST-TIME APPLICANTS This requirement is not applicable to the Virgin Islands Department of Public Works’ Office of Public Transportation. 4. REQUIREMENTS TO PREPARE AND SUBMIT A TITLE VI PROGRAM The VIDPW/OPT is required to prepare and submit a Title VI Program in compliance with Title 49 CFR Section 21.9(b). VIDPW/OPT will ensure that the Title VI Program is prepared and submitted in compliance with DOT’s Title VI regulations. 5. REQUIREMENT TO NOTIFY BENEFICIARIES OF PROTECTION UNDER TITLE VI As a recipient of Federal financial assistance from the FTA, the VIDPW/OPT is required to notify the general public of the protections against discrimination afforded to them by Title VI of the Civil Rights Act of 1964. The Office of Public Transportation assures that no person shall on the grounds of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, 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. 11 Office of Public Transportation Title VI Program The Department of Public Works, Office of Transportation further assures every effort will be made to ensure non-discrimination in all its programs and activities, whether those programs and activities are federally funded or not. The VIDPW/OPT is responsible for initiating and monitoring Title VI activities, preparing required reports and other responsibilities as required by Title VI. a. Contents: The Title VI notice shall include: (1) A statement that the agency operates programs without regard to race, color, and national origin: The Virgin Islands Department of Public Works’ Office of Public Transportation advises the general public that it is the policy of the Department to ensure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, Executive Order 12898 on Environmental Justice, Executive Order 13166 – Limited English Proficiency and related statutes and regulations in all programs and activities. The Non-Discrimination requirement clause states, “Title VI of the Civil Rights Act of 1964, as amended, protects any person in the United States on the ground of race, color, or national origin from being excluded from participation, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Transportation.” Any person who believes that he or she has been aggrieved by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with the Commissioner of the Department of Public Works. Any such complaint must be in writing and filed with the Commissioner of Public Works and the Title VI Civil Rights Program Manager within one hundred and eighty (180) days following the date of the alleged discriminatory occurrence. Title VI Discrimination Complaint forms may be obtained from the Department of Public Works Office of Civil Rights by calling (340) 773-1290 ext. 2272 or by visiting our website at www.dpw.vi.gov or sharon.challenger@dpw.vi.gov Complaints may be filed directly with: Federal Transit Administration Office of Civil Rights, Attention: Title VI Program Coordinator, East Bldg., 5th Floor-TCR. 1200 New Jersey Ave., SE., Washington, DC 20590 12 Office of Public Transportation Title VI Program (2) A description of procedures that members of the public should follow in order to request additional information on the recipient’s Title VI obligations are the following: To request additional information, the general public is encouraged to call, or write to the Department of Public Works, Office of Civil Rights, 6002 Anna’s Hope, St. Croix, VI 00820. The telephone number is (340) 773-1290 ext. 2272 or visit the Department of Public Works website at www.dpw.vi.gov. (3) A description of the procedures that members of the public shall follow in order to file a Title VI discrimination complaint against the recipient are shown in Appendix B. Complaints may also be filed by contacting the Department’s Office of Civil Rights to lodge the complaint, request a complaint form, complete the Complaint Form, either hand deliver or mail it to: The Department of Public Works, Office of Civil Rights, 6002 Anna’s Hope, St. Croix USVI 00820. The Telephone Number is (340) 773-1290 ext. 2272. B. Effective Practices for fulfilling the Notification Requirement 1. Dissemination: VIDPW/OPT prepares the public notices. These are the transmitted to the Office of the Governor which officially disseminates information to the public through the news media (radio, TV, newspaper), flyers, bulletins, posters and other means concerning their rights under the Title VI Civil Rights Act of 1964, as amended. Notices are also posted on transit buses, on VIDPW bulletin boards, bus stops, public meetings/hearings, transit vehicles, VITRAN facilities and on the department’s website. 2. Document Translation: VIDPW/OPT requires that all notices detailing its Title VI obligations and complaint procedures are translated into another language other than English. The VIDPW/OPT has translated this notice in its entirety into Spanish as a means to ensure that LEP populations are aware of their rights under Title VI and are consistent with DOT LEP Guidance and VIDPW/OPT Language Assistance Plan. 13 Office of Public Transportation Title VI Program 3. Sub-recipients: To reduce the administrative burden associated with this requirement, VIDPW/OPT shall require sub-recipients to utilize or adopt the Title VI notice prepared by its Civil Rights Office. Sub-recipients must inform their beneficiaries that they may file discrimination complaints directly with the sub- recipient. 6. REQUIREMENT TO DEVELOP TITLE VI COMPLAINT PROCEDURES AND COMPLAINT FORM Introduction The Title VI and Related Statutes discriminations complaint procedures are intended to provide aggrieved persons an avenue to raise complaints of discrimination regarding the VIDPW/OPT’s programs, activities and services as required by statute. A. Purpose The purpose of the discrimination complaint procedure is to describe the process used by the VIDPW/OPT for processing complaints of discrimination under Title VI of the Civil Rights Act of 1964 and related statutes. B. Roles and Responsibilities The Civil Rights Program Manager has overall responsibility for the discrimination complaint process and procedures. In cases where the complainant is unable or incapable of providing a written statement, the complainant will be assisted in converting the verbal complaint into a written complaint. All complaints, however, must be signed by the complainant. C. Complaint Procedures Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited under Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the recipient. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the Civil Rights Program Manager for review and action. 14 Office of Public Transportation Title VI Program • To have the complaint considered under this procedure, the complainant must file the complaint no later than 180 days after: • The date of the alleged act of discrimination; or • Where there has been a continuing course of conduct, the date on which that conduct was discontinued. • Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative (See Appendix B – Discrimination Complaint Form). Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the recipient, the person shall be interviewed by the Title VI Program Manager. If necessary, the Civil Rights Office will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to VI DPW/OPT’s investigative procedures. • Within fifteen (15) days, the Title VI Program Manager will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to be taken, process the allegation, and advise the complainant of other avenues of redress available. • The following information shall be included in the complaint: • Name, address, and phone number of the complainant; O Name (s) and addresses of alleged discriminating official(s); o Basis of complaint (i.e. race, color, national origin, gender or disability) o Date of alleged discriminatory act (s); o Date of complaint received by VIDPW/OPT o A statement of the complaint; • Other agencies where the complaint has been filed; 15 Office of Public Transportation Title VI Program • An explanation of the actions VIDPW has taken or has proposed to resolve the issue raised in the complaint; • Within sixty (60) days, the Title VI Program Manager will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the Commissioner of VIDPW/OPT. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings; • Within ninety (90) days of the receipt of a complaint, the VIDPW/OPT will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her right to appeal with the FTA, if he/she is dissatisfied with the final decision rendered by VIDPW/OPT. The Title VI Program Director will also provide the Department of Justice with a copy of this decision and summary of findings upon completion of the investigation. • Contact information for the Title VI administrative jurisdictions can be obtained from: Sharon Challenger Civil Rights Program Manager 6002 Estate Anna’s Hope Christiansted, St. Croix VI 00820-4428 Phone: 340.773.1290 x 2272 Fax: 340.773.0670 Email: sharon.challenger@dpw.vi.gov (Procedures for filing a complaint are also available to the public upon request) 7. REQUIREMENT TO RECORD AND REPORT TRANSIT-RELATED TITLE VI INVESTIGATIONS, COMPLAINTS, AND LAWSUITS The VIDPW/OPT is required to prepare and maintain a list of any of the following that allege discrimination on the basis of race, color, or national origin: active investigations conducted by entities other than FTA; lawsuits and complaints naming the recipient. This list shall include the date that the investigation, lawsuit, or complaint was filed; a summary of the allegation(s); the status of the investigation, lawsuit, or complaint; and actions taken by the recipient in response, 16 Office of Public Transportation Title VI Program or final findings related to, the investigation, lawsuit, or complaint. The VIDPW/OPT and the subrecipients are required to include this list in the Title VI Program submissions every three years. The VIDPW/OPT does not have any lawsuits, or complaints that allege discrimination on the basis of race, color, or national origin, since the last submission of the Title VI Program. A copy of the Title VI Investigations, Complaints, and Lawsuit Form that will be used to record any Title VI investigations, complaints, or lawsuits can be found in Appendix E. 8. PROMOTING INCLUSIVE PUBLIC PARTICIPATION The Public Participation Plan (PPP) is a guide for ongoing public participation endeavors. Its purpose is to ensure that VIDPW/OPT utilizes effective means of providing information and receiving public input on transportation decisions from low income, minority and limited English proficient (LEP) populations, as required by Title VI of the Civil Rights Act of 1964 and its implementing regulations. Under federal regulations, transit operators must take reasonable steps to ensure that Limited English Proficient (LEP) persons have meaningful access to their programs and activities. This means that public participation opportunities, normally provided in English, should be accessible to persons who have a limited ability to speak, read, write, or understand English. VIDPW/OPT will make these determinations based on a demographic analysis of the population(s) affected, the type of plan, program, and/or service(s) under consideration, and the resources available. Efforts to involve minority and LEP populations in public participation activities may include both comprehensive measures, such as placing public notices at all transit stations, stops, and vehicles, as well as targeted measures to address linguistic, institutional, cultural, economic, historical, or other barriers that may prevent minority and LEP persons from effectively participating in our decision-making process. 17 Office of Public Transportation Title VI Program Some of Those Effective Public Outreach Practices Includes: 1. Expand traditional outreach methods to include internet options, such as website, social media, etc. 2. In promoting inclusive participation of all stakeholders, VIDPW/OCR will reduce barriers to the public participation process from the LEP segment of the population. 3. Conduct public meetings in locations, facilities, and at times that are convenient and accessible to the minority, low-income and LEP populations 4. VIDPW/OPT shall provide opportunities for public participation through personal interviews or use of audio or video recording devices to capture the verbal comments. 5. VIDPW/OPT will ensure that the decision-making process adequately considers the issues and concerns raised by the minority, low-income and LEP populations. 6. VIDPW/OPT will evaluate the effectiveness of the public participation process. 7. Consider radio, television, or newspaper ads on stations and in publications that serve LEP populations. Minorities and low-English proficiency populations: Unlike most states, Minority populations make up a majority percentage of the population in the U.S. Virgin Islands. (See Table 1.) Black/African Americans make up the largest minority, accounting for 76 percent of the population. The second largest population is White Americans, who make up 15.7 percent of the population. Asians make up 1.4 percent. Persons of mixed race, account for 2.1 percent of the population. Hispanic or Latino of any race make up 17.4 percent, (10.3% Puerto Rican, 5.4% Dominican). Table 1 Area by Race Category Number of Pop. Percent of Population Total: 106,405 100% Black or African Americans 80,867 76 % White 16,705 15.7% Asian 1,489 1.4% Mixed 2,234 2.1% Other - Data not available 5,213 4.9% Total Minority Population 25,643 24.10% 18 Office of Public Transportation Title VI Program Persons with a low proficiency in speaking English also make up a small portion of the population of the U.S Virgin Islands. (See Table 2.) While Spanish languages are spoken in a few households in the area, linguistic isolation is quite rare. A linguistically isolated household is one in which no one, over the age of 5, can speak English without some difficultly. The number of minorities with a low-English proficiency are a small percentage of the population in the territory. The Census updates its Data every ten years. Therefore, we are using the information from 2010 year, since the 2020 Census Data is not yet available. In addition to language, cultural differences are quite compatible with the more traditional means of engaging the public in the planning process. General public meeting notices and even input sessions might not attract the attention or involvement of some cultural minorities. Where such groups are identified as a part of the stakeholder pool, focus groups or involvement with agencies or venues common to the particular groups may be deemed necessary. Advocacy groups or agencies can have insight into the needs of the under-represented populations, as well as providing valuable contacts or arenas for input. Contacts with local translators have been identified and will be used as requested and needed. Table 2 - Population over 5 Years of Age Household Language Category Population Percent of Population Population 5 years and over 98,905 100% English only 70,816 71.6% Spanish 17,011 17.2 % French /French Creole 8,506 8.6 % Other 2,572 2.6 % www.us census 2010 19 Office of Public Transportation Title VI Program 9. WORK PLAN The Department of Public Works Office of Civil Rights is tasked with monitoring and compliance of the Department’s Title VI program activities. This is done by identifying Title VI issues, monitoring Title VI reports, supplying Title VI guidance or connecting to resources that can supply guidance, and reporting on Title VI implementation. The Office of Civil Rights ensures that other divisions are in compliance through annual meetings with division managers and supervisors. • Planning – Coordinating with Division heads to identify potential Title VI problems within the department. • Right-of-way – Ensure equitable treatment of all affected property owners, regardless of race, color, sex, age, disability, or national origin in activities such as: impacts, appraisal values, relocation assistance and opportunities for purchase of excess property. • Design & Construction - Provides oversight of all the Departments’ contracts to assure that all contracts and contract processes comply with Title VI laws and the Department’s policy to promote and protect individuals with disability, females and small businesses. 10. REQUIREMENT TO PROVIDE MEANINGFUL ACCESS TO LEP PERSONS Executive Order 13166 – Limited English Proficiency (LEP) This Executive Order is directed at implementing the protections afforded by Title VI of the Civil Rights Act of 1964 and related regulations for persons with LEP. Additionally, this Executive Order prohibits recipients of Federal financial assistance from discriminating based on national origin by failing to provide meaningful access to services to individuals who are LEP. This protection requires that LEP persons be provided an equal opportunity to benefit from or have access to services that are normally provided in English. 20 Office of Public Transportation Title VI Program a. Four Factor Analysis: (1) The number or proportion of LEP persons eligible to be served or likely to be encountered by the program of recipient. According to the 2010 Census for the U. S. Virgin Islands, the total population was 106,405. Of that total there were 98,905 of the population who were 5 years of age or older. 71,212 or 72% of that group spoke only English at home. The other 27,693 or 28% spoke languages other than English at home. Of the latter group 24,726 or 25% spoke English less than very well. There is a small group of 2,967 who does not speak English at all. The following chart shows the breakdown of the LEP persons in the Virgin Islands. Table 3 POPULATION 5 YEARS AND OVER BY LANGUAGE SPOKEN AT HOME AND ABILITY TO SPEAK ENGLISH Total Population 5 Years and over 98,905 100% Speak only English at home 71,212 72% Speak other languages at home 27,693 28% Speaks English less than very well 24,726 25% Does not speak English 2,967 3% The VIDPW/OPT serves the entire population of the Virgin Islands. The Spanish and Haitian Creole speaking LEP population is scattered throughout the Virgin Islands with small concentrations on the islands of St. Croix and St. Thomas (a) How LEP persons interact with the recipient’s agency; The VIDPW/OPT coordinates with agencies and organizations that provide services to LEP persons to make information available for all public transit services provided by the VIDPW/OPT and VITRAN. (b) Identification of LEP communities, and assessing the number or proportion of LEP persons from each language group to determine the appropriate language services for each language group; 21 Office of Public Transportation Title VI Program Table 3 - Language Spoken At Home And Ability To Speak English POPULATION 5 YEARS AND OVER BY LANGUAGE SPOKEN AT HOME AND ABILITY TO SPEAK ENGLISH Total Population 5 Years and over 98,905 100% Speaks English 71,212 72% Speaks a Language other than English 27,693 28% Speaks English less than well 17,011 17.2% French or French Creole 8,505 8.6% Other 2,742 2.5% (c) The literacy skills of LEP populations in their native languages, in order to determine whether translation of documents will be an effective practice. The VIDPW/OPT provides an oral translator and provides all written documentation in other languages, as requested. Notices are posted in the two major languages (English and Spanish) and other languages are available as requested. (d) Whether LEP persons are underserved by the recipient due to language barriers. The VIDPW/OPT provides translators, translates documents into other languages as identified by LEP population, and posts information and notices in the two major languages (English and Spanish). Factor 2: The Frequency with which LEP persons come into contact with the programs. The DPW/OPT staff reviewed the frequency with which staff have, or could have, come into contact with LEP persons. This includes documenting phone inquiries or office visits. To date, the DPW/OPT has had no requests for interpreters and no requests for translated program documents during this reporting period. DPW/OPT staff has had very little, if any, contact with LEP persons. The DPW/OPT staff will be trained on what to do when they encounter a person that speaks English less than well. The DPW/OPT will track the number of encounters and make adjustments as needed to it outreach efforts to ensure meaningful access to all persons especially the LEP and minority populations of the DPW/OPT programs and services. 22 Office of Public Transportation Title VI Program Factor 3: The nature and importance of the program, activity, or service provided by the program to the LEP population. The VIDPW/OPT provides the following activities and services: Public Transportation on fixed routes and the complementary Paratransit services. Information for both services is posted in both English and Spanish, if any other language - French is required, an employee /translator is available to provide the information. Based on past experience serving and communicating with LEP persons and interviews with community agencies, as well as direct consultations with LEP persons we learned that the following services/routes are currently of particular importance for all customers including LEP persons: ➢ Safety and security awareness instructions ➢ Emergency evacuation procedures ➢ Transportation and Transportation Paratransit services ➢ Services targeted at low income persons Factor 4: The Resources Available to the Recipient and Costs The Department of Public Works has employees of diverse backgrounds who are fluent in English/Spanish, and English/Creole and provides LEP assistance as needed as a part of their job descriptions. Therefore, there are no costs to the LEP persons. Materials for LEP persons are produced in-house to keep costs at a minimal and when needed are charged to the operations budget of the Department. All vital documents are translated into Spanish, these include the ADA Complementary Paratransit Applications, Ride Guides, Title VI documents. a. Internal education VIDPW/OPT employees will receive training on Title VI policies and procedures upon hiring and upon promotion. This training will include requirements of Title VI, our obligations under Title VI (LEP requirements included), and required data that must be gathered and maintained. In addition, training will be provided when any Title VI-related policies or procedures change (agency-wide training), or when appropriate in resolving a complaint. 23 Office of Public Transportation Title VI Program b. Developing a Language Assistance Plan: Through the four-factor analysis, VIDPW/OPT has determined that a written Language Implementation Plan is not required at this time which is permissible under FTA Circular C 4702.1A. VIDPW/OPT understands that the absence of a written LEP plan does not obviate the underlying obligation to ensure meaningful access by LEP persons to our programs or activities. The VIDPW/OPT will continuously assess the language assistance needs of the population to be served by identifying the following: - Languages likely to be encountered and the number of LEP persons in the eligible population likely to be directly affected by its program. - Public contact where languages assistance is needed. - Resources needed to provide effective language assistance, including location, availability and arrangements necessary for timely use. • Oral Language Assistance Providing LEP persons with oral language assistance at VITRAN terminal transfer points or when telephone contact is appropriate. Such assistance may take the form of bilingual staff, the use of voluntary community interpreters who are skilled and competent in interpreting. • Notification of Availability of Language Assistance Services LEP persons have the right to free language assistance in their spoken language. VIDPW/OPT provides vital documents in both English and Spanish and informs the general public that documents can be made available in other languages. The VIDPW/OPT is responsible for informing the public of this right. Language identification cards or posting signs in public areas are methods that are used to provide notice. • Translation of Vital Documents It is the policy of VIDPW/OPT to have written materials that are routinely provided in English to 24 Office of Public Transportation Title VI Program applicants, customers and the general public translated into languages that are regularly encountered. The translation of vital documents into languages other than English is particularly important where a significant number or percentage of the customers served or eligible to be served have limited English proficiency. “Vital documents” are documents that convey information that critically affects the ability of the recipient/customer to make decisions about his or her participation in the program. Examples of vital documents include but are not limited to: applications, public notices, consent forms, letters containing important information regarding participation in a program, eligibility rules, and notices pertaining to the reduction, denial or termination of services or benefits, right to appeal, notices advertising of the availability of language assistance. Translating documents to a fourth (4th) grade literacy level ensures the targeted population understands the information. VIDPW/OPT will examine the services it provides and continue to improve on the system by which LEP persons can meaningfully access those services consistent with, and without unduly burdening, the basic mission of the department. • Language Assistance Measures VIDPW/OPT will continuously assess the language assistance needs of the population to be served by identifying the following: - Languages likely to be encountered and the number of LEP persons in the eligible population likely to be directly affected by its program. - Public contact where languages assistance is needed. - Resources needed to provide effective language assistance, including location, availability and arrangements necessary for timely use. - Resources needed to provide effective language assistance, including location, availability and arrangements necessary for timely use. • Oral Language Assistance 25 Office of Public Transportation Title VI Program Providing LEP persons with oral language assistance at VITRAN terminal transfer points or when telephone contact is appropriate. Such assistance may take the form of bilingual staff, the use of voluntary community interpreters who are skilled and competent in interpreting. • Notification of Availability of Language Assistance Services LEP persons have the right to free language assistance in their spoken language. VIDPW/OPT provides vital documents in both English and Spanish and informs the general public that documents can be made available in other languages. The VIDPW/OPT is responsible for informing the public of this right. Language identification cards or posting signs in public areas are methods that are used to provide notice. • Translation of Vital Documents It is the policy of VIDPW/OPT to have written materials that are routinely provided in English to applicants, customers and the general public translated into languages that are regularly encountered. The language routinely encountered is Spanish. This translation is done by the Departments bilingual employees. The translation of vital documents into languages other than English is particularly important where a significant number or percentage of the customers served or eligible to be served have limited English proficiency. Written materials include electronic documents and websites. “Vital documents” are documents that convey information that critically affects the ability of the recipient/customer to make decisions about his or her participation in the program. Examples of vital documents include but are not limited to: applications, public notices, consent forms, letters containing important information regarding participation in a program, eligibility rules, notices pertaining to the reduction, denial or termination of services or benefits, right to appeal, notices advertising of the availability of language assistance. Translating documents to a fourth (4th) grade literacy level ensures the targeted population understands the information. Community based organizations of focus groups can assist with testing translations for language and literacy level appropriateness. VIDPW/OPT will continue to examine the services it provides and implement improvements to continue to develop and implement a system by which LEP persons can meaningfully access those services consistent with, and without unduly burdening, the basic mission of the department. 26 Office of Public Transportation Title VI Program c. Safe Harbor Provision: The VIDPW/OPT will comply with and adopt the requirements of the DOT/DOJ’s Safe Harbor provisions that outlines circumstances that can provide a “safe harbor” for recipients regarding translation of written materials for LEP populations. The territory has a significant number of Spanish speaking population and an increasing number of persons who speak languages other than English. Therefore, the VIDPW/OPT will ensure that written translation of vital documents are provided for each eligible LEP language group. 11. MINORITY REPRESENTATION ON PLANNING AND ADVISORY BODIES The VIDPW/OPT does not have a Transit Board during this reporting period. However, when this status changes VIDPW/OPT will comply with and implement all requirements as stipulated in Title 49 CFR Section 21.5(b). VIDPW/OPT shall not, on the grounds of race, color or national origin, “deny a person the opportunity to participate as a member of a planning, advisory, or similar body which is an integral part of the program.” The Department will resume a Transit Board before the next reporting period. The VIDPW/OPT will continue to ensure that as the recipient advisory groups and committees will include representatives that are indicative of the population served. Particular attention will be given to minority and LEP representation. 12. PROVIDING ASSISTANCE TO SUBRECIPIENTS VIDPW had no sub-recipients during this reporting period. However, VIDPW has developed an Information Packet for distribution to any entity that might potentially do business with VIDPW. The Packet includes a copy of the VIDPW’s Title VI Policy Statement; the VIDPW’s Discrimination Complaint Process and Procedure and all applicable forms; a copy of the VIDPW’s Title VI Poster and Brochure; and Title VI information. The VIDPW/OPT will comply with and ensure that its sub recipients comply with Title 49 CFR Section 21.9 (b) which states that if “a primary recipient extends 27 Office of Public Transportation Title VI Program Federal financial assistance to any other recipient, such other recipient shall also submit compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this part.” The VIDPW/OPT will assist any sub recipient in complying with DOT’s Title VI regulations, including the general reporting requirements and ensure that its sub recipients complies with the same provisions. VIDPW/OPT maintains and upon request from sub-recipient (s) provides or assists them in maintaining compliance with the general reporting requirements of FTA. a. Sample notices to the public informing them of their rights under Title VI and procedures on how to file a Title VI complaint shall be provided. b. Sample procedures for tracking and investigating Title VI complaints filed with a sub recipient, and when the primary recipient expects the sub recipient to notify the primary recipient of complaints received by the sub recipient. c. Demographic information on the race and English proficiency of residents served by the sub recipient. This information will assist the sub recipient in assessing the level and quality of services it provides to communities within its service area and in assessing the need for language assistance. d. Any other recipient-generated or obtained data, such as travel patterns, surveys, etc. that will assist sub recipients in complying with Title VI. 13. MONITORING SUB-RECIPIENTS The VIDPW/OPT has not had any sub recipient(s) for the past four years. Should this status change the VIDPW/OPT will ensure and comply with the provisions of Title 49 CFR Section 21.9 (b) which states that if “a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this part.” 28 Office of Public Transportation Title VI Program To ensure that sub recipients are complying with DOT’s Title VI regulations, VIDPW/OPT has opted to monitor sub-recipients bi-annually to determine if persons with disabilities can access key areas within the facility, such as doorways, restrooms, computer assistive adaptive equipment. Also, VIDPW monitors to determine if staff is adequately trained to provide the necessary assistance to persons with disabilities, including sensitivity training, safety training, etc. The Department conducts at a minimum two safety and sensitivity training specifically targeting VITRAN Drivers who are more likely to come into contact with the clients and sub- recipients. VIDPW/OPT staff shall inspect sub-recipient’s files to ensure accuracy of program records by comparing the total mileage to fuel expenditures and review overall program performance and document the number of persons served. VIDPW shall examine the uses of the Section 5310 vehicles and conduct random site visits. Also, VIDPW/OPT shall monitor closely the number of complaints filed against the agency and shall review sub-recipients hiring practices. VIDPW shall provide oversight of annual inspection and registration of all Section 5310 vehicles through the Department of Property and Procurement’s Motor Pool. Sub-recipients will be notified by VIDPW/OPT of the schedule for inspection and registration of vehicles; the vehicle maintenance records will be examined annually; routine maintenance checks will be done prior to inspections; copies of the original registration documents will be distributed and a copy of the insurance binder for each vehicle must be filed. 14. DETERMINATION OF SITE OR LOCATION OF FACILITIES The DPW/OPT did identify a site or location for a new facility or construct a new facility during this reporting period. Should this status change VIDPW/OPT will comply with all Title 49 CFR Section 21.9(b)(3) which states, “In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination under any program to which this regulation applies, on the grounds of race, color, or national origin; or with the purpose or effect 29 Office of Public Transportation Title VI Program of defeating or substantially impairing the accomplishment of the objectives of Title VI, FTA C 4702.1B.” Therefore, “the location of projects requiring land acquisition and the displacement of persons from their residences and businesses may not be determined on the basis of race, color, or national origin.” a. VIDPW/OPT did not have any projects that required land acquisitions and therefore did not displace any persons from their residences or business. Should VIDPW/OPT acquire a site it will comply and complete a Title VI equity analysis during the planning stage without regard to where a project is located or sited to ensure the location is selected without regard to race, color, or national origin. VIDPW/OPT shall engage in outreach to persons who could be potentially impacted by site selection for facilities. The Title VI equity analysis must compare the equity impacts of various site selection alternatives, and the analysis must occur before the selection of the preferred site. b. VIDPW/OPT will evaluate locations of facilities and give attention to other facilities with similar impacts in the area to determine if there any cumulative adverse impacts. In addition, an analysis of Census tract or block group will be done to ensure that proper perspectives are given to the local impacts. c. If VIDPW/OPT determines that the location of the project will result in a disparate impact on the basis of race, color, or national origin, the VIDPW/OPT will only locate the project in that location if there is a substantial legitimate justification for locating the project there, and where there are no other locations that would have less disparate impact on the basis of race, color, or national origin. VIDPW/OPT will show how after completing an analysis of the alternatives that the location selected had less of a disparate impact on the basis of race, color, or national origin, then VIDPW/OPT will implement the least discriminatory alternative. 30 Office of Public Transportation Title VI Program 15. DEMOGRAPHIC SERVICE AREA & TERRITORWIDE PROFILE MAPS AND CHARTS VIDPW/OPT does not operate 50 or more fixed route vehicles in peak service, and are not located in a UZA of 200,000 or more in population, therefore there is no need to collect and analyze racial and ethnic data as required by 49 CFR Section 21.9(b). Additionally, the Virgin Islands has a unique circumstance of having a predominantly minority (Black/Afro Caribbean) population. The Black/African American population which constitutes the minority in the United States makes up the majority of the Virgin Islands population overall. For the purposes of this analysis, minority population is considered to be all individuals identified in the Census as any race other than white and all individuals identified as Hispanic, regardless of race. The table below shows the population breakdown of the Virgin Islands and the summation of ‘minority’ populations, which total just above 24% of the total population. Virgin Islands Demographic Profile US Census 2010 Data English is currently the dominant language. Spanish is spoken by about 17% of the population, and other languages are spoken by less than 7% of the population. Population Category Number of Pop. Percent of Population Total: 106,405 100% Black or African Americans 80,867 76 % White 16,705 15.7% Asian 1,489 1.4% Mixed 2,234 2.1% Other - Data not available 5,213 4.9% Total Minority Population 25,643 24.10% 31 Office of Public Transportation Title VI Program Addressing Mobility Needs in the Planning Process The VIDPW/OPT did not address the mobility needs of the entire population, as well as the need to avoid disproportionate burden and disparate impact of transportation projects on protected populations during this reporting period. However, DPW/OPT intends to address this issue going forward. The DPW/OPT will incorporate the development of the long range transportation plan, and other planning efforts, to include an analysis and consideration in the alternatives analysis and development of recommendations by the next reporting period. Demographic Map VIDPW/OPT did not have the resource (staff) to perform profile mapping to identify and analyze impacts to Title VI and low-income communities, and to ensure that the needs of LEP populations are considered and addressed. It is the intention of VIDPW/OPT to address the staffing issue and to have it resolved before the next reporting period. Analysis of State- and Federally-funded projects At a glance, and based on previous knowledge of the islands there are no disparate impacts or disproportionate burden evident in the projects currently scheduled between 2020 and 2023 within the Territory. 32 Office of Public Transportation Title VI Program 16. SERVICE STANDARDS & POLICIES FOR FIXED ROUTE TRANSIT PROVIDERS FTA Circular 4702.1b outlines additional reporting guidelines for recipients of FTA funding that operate fixed route transit service. The regulations require recipients to insure that no person or group of persons shall be discriminated against with regard to the routing, scheduling or quality of the public transportation series provided on the basis of race, color, or national origin. To ensure compliance with this requirement, VIDPW/OPT VITRAN shall incorporate system-wide service standards and system wide service policies in its Title VI Program. The VIDPW/OPT VITRAN operates 15 regular weekday fixed routes territory-wide in peak service and therefore qualifies for a reduced level of reporting. Effective Practices to Fulfill the Service Standard Requirement – FTA requires all fixed route transit providers to develop quantitative standards for all fixed route modes of operation for the following service indicators. 1. Vehicle Load – Vehicle load can be expressed as the ratio of passengers to the total number of seats on a vehicle. VITRAN will strive to maintain vehicle loads that do not exceed the vehicles achievable seating capacities for all fixed routes in service. Historically, regular weekday transit routes have had very few standing passengers. However, to ensure service quality any route consistently operating at more than 100% of its seating capacity will be evaluated to reduce overcrowding. The following vehicle load factors represent peak and off-peak hours of service. All buses are ADA compliant and all have the capacity of carrying two wheelchair passengers. VIDPW –VITRAN Transit Vehicle Load Factors (Fixed Routed*) Route Vehicle Seated Standing Total Max Load Factor St. Thomas Route 101 – City/University of VI (Inbound/Outbound) Eldorado AeroLite Med.-Duty 26 18 44 1.7 Route 102 – City/Subbase/Airport (Inbound/Outbound) Eldorado Heavy-duty 26 18 44 1.7 Route 201 – Bordeaux (Inbound/Outbound) El Dorado Aerolite Med.-Duty 18 10 28 1.6 Route 301 – Donoe/Hidden Valley (Inbound/Outbound) El Dorado Aerolite Med.-Duty 18 10 28 1.6 Route 401 – Red Hook via Smith Bay (Inbound/Outbound) Eldorado Heavy-duty 26 18 44 1.7 Route 501 – Bovonie (Inbound/Outbound) Eldorado Heavy-duty 26 18 44 1.7 Route 601 – Old & New Tutu (Inbound Only) Eldorado Heavy-duty 26 18 44 1.7 33 Office of Public Transportation Title VI Program cont’d VIDPW –VITRAN Transit Vehicle Load Factors (Fixed Routed*) Route Vehicle Seated Standing Total Max.Load Factor ST. John Route 107 – Gift Hill (Inbound/Outbound) Eldorado Aerolite Med.-Duty 18 10 28 1.6 Route 108 – Cruz Bay (Inbound/Outbound Eldorado Aerolite Med.-Duty 18 10 28 1.6 Route 109 – Coral Bay (Inbound/Outbound) Eldorado Aerolite Med.-Duty 18 10 28 1.6 ST. Croix Route 502 - Mon Bi Jou (Inbound/Outbound) Eldorado Aerolite Med.-Duty 18 10 28 1.6 Route 302 - Princess (Inbound/Outbound) Eldorado Aerolite Med.-Duty 18 10 28 1.6 Route 28-103 - C’sted (Inbound/Outbound) Eldorado Heavy-duty 26 18 44 1.7 Route 27-103 - F’sted (Inbound/Outbound) Eldorado Heavy-duty 26 18 44 1.7 *No other modes of fixed route service are provided by VITRAN 2. Vehicle Headways – Vehicle headway is the amount of time between vehicle frequencies on a given route and is normally measured in minutes. The US Virgin Islands is made up of three islands: St. Thomas/Water Island, St. John and St. Croix, and is referred to as the Territory. VITRAN does not provide transit services on Water Island. The peak-hour vehicle load standards by mode for VITRAN are: Vehicle Load Standards are expressed as a ratio. Eldorado Elite Definition of Time Periods Time Periods Definition Early AM 5:00 AM – 6:59 AM AM Peak Periods 7:00 AM – 8:45 AM Midday Base 8:46 PM – 2:14 PM Midday School 2:15 PM – 3:30 PM PM Peak 3:31 PM – 5:59 PM Evening 6:00 PM – 8:45 PM All Other Periods Routes Peak Off Peak Weekend Minimum Frequency 27-103, 28-103, 101, 102, 201, 301, 401, 501, 601, 107, 108, 109 1.0 hr. 1.0 hr. 1.0 hr. 1 Bus per 1.0 hour – 3 runs 302 .45 min .45 min. .45 min. 1 Bus per .45 min - 5 runs 502 .50 min .50 min. .50 min. 1 Bus per .50 min - 7 runs Average is .45 minutes to 1.0 hour headways and 2. Vehicles per hour frequency. 34 Office of Public Transportation Title VI Program VITRAN headways are 1.0 hour for route 27-103 & 28-103 fixed routes: therefore, vehicle frequency per route is (2) vehicle per 1.0 hour. This includes both peak and off-peak service. VITRAN fixed route headways are .45 minutes for route 302 vehicle headways are every .45 minutes for regular weekday. Therefore, vehicle frequency per route during weekdays is 1.0 vehicle per .45 minutes. This applies to both peak and off-peak service. VITRAN fixed route headways are .50 minutes for route 502 vehicle headways are every .50 minutes for regular weekday. Therefore, vehicle frequency per route during weekdays is 1.0 vehicle per .50 minutes. This applies to both peak and off-peak service. Weekday routes, which run in the morning and afternoon, operate during the busiest times of the day and serve work and school commuters. Morning times are from 5:00am to 8:45pm. Peak hours are: 6:00 am to 8:45, midday 2:15pm to 3:30pm and evening peak 3:30 to 6:30pm. Route 27-103 1.0-hour headways, 1 vehicle per hour frequency (3 runs) Route 28-103 1.0-hour headways, 1 vehicle per hour frequency (3 runs) Route 302 .45 minutes headways, 1 vehicle per .45 minutes frequency (5 runs) Route 502 .50 minutes headways, 1 vehicle per .50 minutes frequency (7runs 3. On-Time Performance – On-time performance is a measure of runs completed as scheduled between route origins and destinations. Bus time performance can be impacted by various factors including traffic congestion, detours, weather, and a larger than anticipated number of boarding’s of passengers with accessibility needs. “On-time” for VITRAN is defined as vehicles departing not more than one (1) minute early or five (5) minutes late at each published time-point. In order to provide flexibility for route deviation services, a fifteen-minute layover at the Bus-terminal is programmed for each route. 35 Office of Public Transportation Title VI Program VITRAN’s performance objective is 90% or more for on time service. Any route consistently operating at more than 15 minutes late will be evaluated for options to restore on-time performance. Below are performance standards for all fixed routes: 4. On-Time Departures: VITRAN buses shall depart no more than 5 minutes late from any scheduled and published departure time. VITRAN shall strive to meet a minimum of 95% of bus departures within zero to 5 minutes after published or scheduled time points. Operating Ahead of Schedule: No bus shall depart a designated time point prior to its scheduled departure time. Missed Trips: VITRAN shall, at a minimum, complete 100% of all scheduled trips on a monthly basis. Any fixed route trip operating 10 minutes or more behind the scheduled time shall be considered a “missed trip”. Failure to Pick up Passenger: VITRAN shall not fail to pick up any passenger waiting at a designated bus stop. 5. Service Availability – Service availability is a general measure of the access and distribution of routes within a transit provider’s service area. VITRAN operates a system of 15 fixed-routes, which provides service to commercial and residential areas as well as medical malls and educational institutions. Approximately 50 percent of the total population of VITRAN is within ½ mile of bus service (Provide details what population is within walking distance. If do not have then a statement saying that that data is not currently available. 36 Office of Public Transportation Title VI Program Effective Practices to Fulfil the Service Policy Requirement – FTA requires all fixed route transit providers to develop quantitative policies for all fixed route modes of operation for the following service procedures. 1. Vehicle Assignment Policy – Vehicle assignment refers to the process in which transit vehicles are placed in service in reference to vehicle size, age, etc. VITRAN maintains a fleet of seven Eldorado Aerolite Medium-duty buses, and seven El Dorado- Heavy-duty for fixed-route service. As such, all routes are provided service with the same vehicle type and vehicle features. Vehicle Type Fuel Type Number of Seats Average Age Routes Assigned Eldorado Aerolite Med.-duty Diesel 18 1 27-103, 28-103, 101, 102, 201, 301, 401, 501, 601, 107, 108, 109, 302, 502 El Dorado- Heavy-duty Diesel 26 6 27-103, 28-103, 101, 102, 201, 301, 401, 501, 601, 107, 108, 109, 302, 502 2. Transit Amenities Policy – Transit amenities refer to fixed items of comfort and convenience available to the general riding public. In determining amenities at bus stops, DPW/OPTs planning staff takes multiple factors into consideration. The location of the stop is of importance. Bus stops are located in the public right-of-way (ROW). In some cases, where limited ROW is available, bus stops may be located partially or fully on private property with owner permission. In other instances, limited ROW and a fully built-up urban environment leave little room for amenities even at highly used bus stops. In addition to assessing available ROW at stops before placing amenities, planning staff consider adjacent property use, stop ridership, access to popular destinations, proximity to other stops and existing infrastructure. Another consideration is accessibility. In any bus stop improvement project, all investments will be made ADA accessible. Sites with connecting sidewalks, curb ramps and concrete pads will be prioritized for investment above sites without existing ADA infrastructure. 37 Office of Public Transportation Title VI Program Other shelters and stops are maintained, as needed. Scheduled route stops include designated facilities (i.e. commercial and medical areas); however only Routes 101 & 103 can be boarded by passenger flag stops along the route. The Transfer Centers are located on the island of St. Croix and are available to all routes and included a waiting area, restrooms and route information. Below are the VIDPW/OPT territory-wide maps plotting the areas traveled for 5310 vehicle grants during this reporting period. Territory-wide mapping for 5310 vehicles 38 Office of Public Transportation Title VI Program 39 Office of Public Transportation Title VI Program 17. REQUIREMENT TO PROVIDE ADDITIONAL INFORMATION UPON REQUEST VIDPW/OPT will comply with any request from FTA for additional information not required by the FTA Circular 4702.1B: needed in the investigation of complaints of discrimination and/or to resolve concerns about possible noncompliance with Title VI regulations. 40 Office of Public Transportation Title VI Program APPENDICES 41 Office of Public Transportation Title VI Program APPENDIX A 42 Office of Public Transportation Title VI Program APPENDIX B TITLE VI NOTICE TO THE PUBLIC Notifying the Public of Rights under Title VI Notifying the Public of Rights Under Title VI VIRGIN ISLANDS DEPARTMENT OF PUBLIC WORKS  The Virgin Islands Department of Public Works does not discriminate in any of its programs or services on the bases of race, color, or national origin in accordance with Title VI of the Civil Rights Act of 1964. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with the Department of Public Works.  For more information on the Department of Public Works Civil Rights Program, and the procedures to file a complaint, contact 340-773-1290 x 2272, (TTY 800 809-8477 or 711); or email sharon.challenger@dpw.vi.gov For more information, visit www.dpw.vi.gov or visit our offices at: St. Croix St. John St. Thomas 6002 Anna’s Hope 6 Susannaberg 8244 Subbase (340) 773-1290 (340) 776-6346 (340) 774-5678  A complainant may file a complaint directly with: Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Bldg., 5th Floor-TCR 1200 New Jersey Ave., SE., Washington, DC 20590 *If information is needed in another language, contact (340) 773-1290 x 2272. * Si necesita información en otro idioma, por favor llomar al (340) 773-1290 x 2272 43 Office of Public Transportation Title VI Program Notificación al Público de los Derechos Bajo el Título VI DEPARTAMENTO DE OBRAS PÚBLICAS DE ISLAS VÍRGENES  El Departamento de Obras Públicas de las Islas Vírgenes no discrimina en ninguno de sus programas o servicios por motivos de raza, color u origen nacional de conformidad con el Título VI de la Ley de Derechos Civiles de 1964. Cualquier persona que crea que ha sido agraviado por cualquier práctica discriminatoria ilegal bajo el Título VI puede presentar una queja ante el Departamento de Obras Públicas  Para obtener más información sobre el Programa de Derechos Civiles del Departamento de Obras Públicas, y los procedimientos para presentar una queja, comuníquese al 340-773-1290 x 2272, (TTY 800 809-8477 o 711); o envíe un correo electrónico a sharon.challenger@dpw.vi.gov Para obtener más información, visite www.dpw.vi.gov o nuestras oficinas en: St. Croix St. John St. Thomas 6002 Anna’s Hope 6 Susannaberg 8244 Subbase (340) 773-1290 (340) 776-6346 (340) 774-5678  Un demandante puede presentar una querella directamente a: Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Bldg., 5th Floor-TCR 1200 New Jersey Ave SE., Washington, DC 20590 202-366-4648 TTY 202-366-9696 * Si necesita información en otro idioma, por favor llomar al (340) 773-1290 x 2272 44 Office of Public Transportation Title VI Program APPENDIX C TITLE VI COMPLAINT PROCEDURES What is Title VI? A Federal Law, which is part of the Civil Rights Act of 1964 that protects individuals from discrimination, on the basis of their race, color, or national origin, or excluded from, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Federal and Local law requires complaints be filed within one hundred eighty (180) calendar days of the last alleged incident. Any person who believes that they have been subjected to discrimination may file a written complaint with the Department of Public Works’ Office of Civil Rights. 1. a. Name, address, and telephone number of the complainant. b. The basis of the complaint (race, color, national origin). c. The date or dates on which the alleged discriminatory event or events occurred. d. The nature of the incident that led the complainant to feel discrimination was a factor. e. Names, addresses and telephone numbers of persons who may have knowledge of the event. f. Other agencies or courts where complaint may have been filed and a contact name. g. Complainant’s signature and date. 2. If the complainant is unable to write a complaint, OCR staff will assist the complainant. If requested by complainant, OCR will provide a language or sign interpreter. 3. Complainants have the right to complain directly to the appropriate federal agency. Complaints must be filed within one hundred eighty (180) calendar days of the last alleged incident. 4. OCR will begin an investigation within fifteen (15) working days of receipt of a complaint. 5. OCR will contact the complainant in writing no later than thirty (30) working days after receipt of complaint for additional information, if needed. If the complainant fails to provide the requested information in a timely basis, OCR may administratively close the complaint. 6. OCR will complete the investigation within ninety (90) working days of receipt of the complaint. If additional time is needed for investigation, complainant will be contacted. A written investigation report will be prepared by the investigator. This report shall include a summary description of the Title VI Complaint Procedure 45 Office of Public Transportation Title VI Program incident, findings and recommended corrective action. 7. A closing letter will be provided to the complainant and the respondent or respondent’s department. Parties will have five (5) working days from receipt of the closing letter to appeal. If neither party appeals, the complaint will be closed. 8. If required the investigation report will be forwarded to the appropriate federal agency. "Limited English Proficiency (LEP)"- is defined as the inability to speak, read, write, or understand the English language at a level that permits a service recipient to interact effectively with staff in accessing services and benefits. Executive Order 13166 (August 11, 2000) requires all agencies that receive federal funding to provide services that are accessible to persons with Limited English Proficiency. Not providing services that are accessible constitutes discrimination based on national origin. When there is a language barrier, the client/client's assistant will be informed of the available interpreter services. Every effort will be made to locate appropriate interpreters, as client needs present. The mailing address for written complaints is as follows: Department of Public Works Sharon Challenger Civil Rights Program Manager 6002 Estate Anna’s Hope Christiansted, St. Croix VI 00820-4428 Complaints may also be submitted by telephone or fax. Contact numbers are as follows: Phone: 340.773.1290 x 2272 Fax: 340.773.0670 Electronic submission of complaints is also permitted. All complaints related to Title VI Program discrimination should be addressed to Sharon Challenger, Civil Rights Program Manager, at the following address: sharon.challenger@dpw.vi.gov A complainant may file a complaint directly with: Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Bldg., 5th Floor-TCR 1200 New Jersey Ave., SE., Washington, DC 20590 How to Contact Us 46 Office of Public Transportation Title VI Program APPENDIX D Title VI Complaint Form THE VIRGIN ISLANDS DEPARTMENT OF PUBLIC WORKS TITLE VI COMPLAINT FORM Name of Complainant: Sex: Race /Ethnic Group: Mailing Address: City: Zip: Home Telephone: Cell Phone: Other Telephone: Email Address: Accessible Format Preferred: Person Discriminated Against: (if other than Complainant) Mailing Address: City: Zip: SPECIFIC BASIS OF DISCRIMINATION: (Check appropriate box(es) Race ____Color __National Origin Date of alleged discriminatory act(s). (Attach additional page(s) if necessary) RESPONDENT: (Individual complaint is filed against) Name: Position: Work Location: Describe how you were discriminated against. What happened and who was responsible? Attach additional page(s) if necessary Name of persons - witnesses, fellow employees, supervisors, or others whom we may contact for additional information support or clarification of your complaint: 1. Name: Phone No: 2. Name: Phone No: 47 Office of Public Transportation Title VI Program 3. Name: Phone No: Did you file this complaint with another federal or local agency, or with a federal or local court? ___Yes No If answer is yes, check each agency complaint was filed: Federal Agency____ Federal Court Local Agency Local Court Date filed Provide contact person information for the additional agency or court:: Name: Telephone Number: Address: City: Zip: Please sign and date this complaint form below. Attach any supporting documents. Signature: Date: Please submit this form in person, mail, or e-mail this form to: Department of Public Works Sharon Challenger Civil Rights Program Manager 6002 Estate Anna’s Hope Christiansted, St. Croix VI 00820-4428 Phone: 340.773.1290 x 2272 Fax: 340.773.0670 sharon.challenger@dpw.vi.gov 48 Office of Public Transportation Title VI Program GOBIERNO DE LAS ISLAS VIRGENES DEPARTMENTO DE OBRAS PÚBLICAS FORMULARIO DE QUEJAS DEL TÍTULO VI Nombre de la persona que presenta la queja: Sexo: Raza /Groupo Étnico: Domicillio Particular Calle: Ciudad, Estado: Código Postal: Teléfono de La Casa: Teléfono Móvil: Teléphono Otra : Dirección de Correo Electrónico: Formato accesible preferido: Persona Discriminada: (is no es la misma que presenta la queja) Domicillio Particular Calle: Ciudad, Estado: Código Postal: FUNDAMENTO ESPECÍFICO DE LA DISCRIMINACIÓN: (Marque los casilleros que correspondan) Raza Color Nacionalidad Fecha del presunto acto o actos de discriminacín. (Si necesita más espacio, adjunte hojas adicionales) DEMANDADO: (Persona Contra La Cual Se Presenta La Queja) Nombre: Puesto de Trabajo: Lugar de trabajo: Describa de qué manera fue discriminado(a). ¿ Qué sucedió y quiénes fueron los responsables? Si necesita más espacio, adjunte hojas adicionales. Nombres de las personas — testigos, compañeros de trabajo, supervisors u otros a quienes podemos contactar para obtener informació adicional. Apoyo o aclaración de su queja: 1. Nombre: Teléphono: 2. Nombre: Teléphono: 49 Office of Public Transportation Title VI Program 3.. Nombre: Teléphono: ¿Presentó esta demanda ante otra agencia local, estatal o federal, o ante un tribunal estatal o federal? __Si __No Si la repuesta es sí, marque los organismos ante los cuales present la demanda: Agencia Federal Tribunal Federal Agencia Estatal Tribunal Estatal Agencia Local Fecha de Presentación Proporcione información de contacto de un representante del organism adicional (agencia o tribunal) ante el cual presentó la demanda: Nombre: Teléphono: Ciudad, Estado: Código Postal: Firme esta demanda en el espacio que figura a continuación. Adjunte todo document de repaldo. Firma: Fecha: Por favor envíe este formulario en persona o envíe por correo este formulario a: Departmento de Obras Públicas Oficina de Derechos Civiles Esperanza 6002 Finca Anna, Christiansted, St. Croix VI 00820-4428 Phone: 340.773.1290 x 2272 Fax: 340.773.0670 sharon.challenger@dpw.vi.gov 50 Office of Public Transportation Title VI Program APPENDIX E TRANSIST RELATED TITLE VI INVESTIGATIONS, COMPLAINTS AND LAWSUITS The Virgin Islands Department of Public Works, Office of Civil Rights had one Transit- Related Title VI Investigations, Complaints, and Lawsuits that allege discrimination on the basis of Race, Color or National Origin during this reporting period. Lawsuit/Complaints Date (Month, Day Year) Basis of complaint: Race, Color, or National Origin) Status Action(s) Taken 1. Reginal Bell v. Department of Public Works (1:18-cv-00024-WAL-RM document #1) 6/26/18 42 U.S. Code § 12131; 25 CFR 11.406 - Criminal coercion; 18 U.S. Code § 1513 Open 2. 3. 4. 5. 51 Office of Public Transportation Title VI Program APPENDIX F DPW DIVISION OF TRANSPORTATION ORGANIZATIONAL CHART (‘2020) 52 Office of Public Transportation Title VI Program 43 Office of Public Transportation Title VI Program