HomeMy WebLinkAboutAgenda - 12-13-2022; 8-f - Orange County Transportation Services (OCTS) Title VI Plan 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 13, 2022
Action Agenda
Item No. 8-f
SUBJECT: Orange County Transportation Services (OCTS) Title VI Plan
DEPARTMENT: Orange County Transportation Services
ATTACHMENT(S): INFORMATION CONTACT:
1. Title VI Plan Nishith Trivedi, Transportation Services
2. Public Notice Director, 919-245-2007
PURPOSE: To approve the Orange County Transportation Services (OCTS) Title VI Plan.
BACKGROUND: Orange County Transportation Services is a recipient of Federal Transit
Administration (FTA) funds from the North Carolina Department of Transportation (NCDOT).
Orange County Transportation Services establishes this Title VI Nondiscrimination Plan for the
purpose of complying with Title VI of the Civil Rights Act of 1964, as required by FTA Circular
4702.113, and related requirements outlined within the FTA Certifications & Assurances,
"Nondiscrimination Assurance." This document details the nondiscrimination program, policies, and
practices administered by Orange County Transportation Services, and will be updated periodically
to incorporate changes and additional responsibilities as they are made. This Plan will be submitted
to NCDOT or FTA, upon request.
Public Process and Schedule
OCTS staff conducted the following public process for OCTS Title VI Plan (Attachment 1).
• October 2022 — Orange Unified Transportation Board (OUTBoard) reviewed the Draft Plan
and provided comments
• November 2022 — Public meeting and 30-day public comment period on the Draft Title VI
Plan
• November 2022—OUTBoard unanimously recommended BOCC approval of the Title VI Plan
• December 2022 — BOCC takes action on the Plan
Public Involvement
To facilitate a public process, OCTS staff advertised a November public meeting and a 30-day public
comment period (Attachment 2). The public meeting was a drop-in session with staff answering the
public's questions and concerns. No comments were received.
Next Steps
NCDOT approved the Title VI Plan following the OUTBoard's recommendation. The Plan will be
published and implemented accordingly, upon BOCC approval.
FINANCIAL IMPACT: There is no immediate financial impact associated with this item.
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SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this
item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The creation and preservation of infrastructure, policies, programs and funding necessary for
residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATIONS: The Manager recommends the BOCC approve and authorize the Chair to
sign the Orange County Transportation Services Title VI Plan.
Orange County Transportation Services
Title VI
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Attachment 1
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Orange County Transportation Services
Orange County, NC
8/2/2022
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TITLE VI PLAN REVIEW AND ADOPTION
On behalf of the Orange County Board of County Commissioners, I hereby acknowledge receipt of the Title VI
Nondiscrimination Plan. We, the Board, have reviewed and hereby adopt this Plan. We are committed to
ensuring that all decisions are made in accordance with the nondiscrimination guidelines of this Plan, to the
end the no person is excluded from participation in, denied the benefits of, or otherwise subjected to
discrimination under any Orange County Transportation Services (OCTS) services and activities on the basis of
race, color, national origin, sex, age, creed (religion), or disability, as protected by Title VI of the Civil Rights
Act of 1964 and the nondiscrimination.
Authorizing Official Date
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Table of Contents
TITLE VI NONDISCRIMINATION AGREEMENT .......................................................................................1
I. INTRODUCTION............................................................................................................................2
II. DESCRIPTION OF PROGRAMS AND SERVICES................................................................................2
A. Program(s) and Services Administered.................................................................................2
B. Funding Sources/Tables.............................................................................................................3
C. Decision-Making Process.............................................................................................................5
D. Title VI Coordinator.......................................................................................................................5
E. Leadership Change.........................................................................................................................6
F. Organizational Chart.....................................................................................................................6
G. Sub recipients ..................................................................................................................................6
III. TITLE VI NONDISCRIMINATION POLICY STATEMENT .....................................................................7
A Title VI and Related Authorities.................................................................................................i
IV. NOTICE OF NONDISCRIMINATION ................................................................................................9
V. NONDISCRIMINATORY ADMINISTRATION OF PROGRAMS AND SERVICES..................................10
Title VI Nondiscrimination Policy.......................................................................................... 10
VI. CONTRACT ADMINISTRATION ....................................................................................................11
A. Contract Language....................................................................................................................... 11
B. Nondiscrimination Notice To Prospective Bidders.......................................................... 13
VII. EXTERNAL DISCRIMINATION COMPLAINT PROCEDURES.............................................................14
A. Filing of Complaints...................................................................................................................... 14
B. Complaint Processing................................................................................................................. 15
C. Complaint Log................................................................................................................................ 16
D. OCTS - Discrimination Complaint Form............................................................................... 17
E. Discrimination Complaints Log............................................................................................... 19
F. Investigative Guidance...............................................................................................................20
G. Investigative Report....................................................................................................................21
VIII.SOCIECONOMIC DATA, EQUITY,AND ENVIRONMENTAL JUSTICE ...............................................22
IX. PUBLIC INVOLVEMENT PLAN......................................................................................................33
A. Introduction................................................................................................................................... 33
B. Public Notification.......................................................................................................................33
C. Dissemination of Information..................................................................................................33
D. Meetings and Outreach..............................................................................................................34
E. Limited English Proficiency......................................................................................................35
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1. Four Factor Analysis....................................................................................................... 35
F. Demographic Request................................................................................................................38
G. Key Community Contacts...........................................................................................................39
H. Summary of Outreach Efforts................................................................................................... 39
X. STAFF TRAINING.........................................................................................................................41
XI. NONELECTED BOARDS AND COMMITTEES—BY RACE AND GENDER............................................41
XII. RECORD-KEEPING AND REPORTS................................................................................................41
XIII.TRANSIT PROVIDERS..................................................................................................................43
A. Service Standards........................................................................................................................43
B. Service Policies.............................................................................................................................43
Appendix A- Language Access Plan...................................................................................................44
Appendix B - Nondiscrimination Authorities .....................................................................................51
AppendixC- Organizational Chart.....................................................................................................52
Appendix D-NCDOT's Compliance Review Checklist for Transit.........................................................53
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Table of Figures
Figure 1: EJ Black Communities of Concern.......................................................................................................... 25
Figure 2: EJ Minority Communities of Concern .................................................................................................... 26
Figure 3: EJ Hispanic/Latino Communities of Concern......................................................................................... 27
Figure 4: EJ Poverty Communities of Concern...................................................................................................... 28
Figure 5: EJ Elderly Communities of Concern ....................................................................................................... 29
Figure 6: EJ Zero Car Communities of Concern..................................................................................................... 30
Figure 7: EJ LEP Communities of Concern............................................................................................................. 31
Figure 8: EJ Communities of Concern ................................................................................................................... 32
Tables
Table 1: Gender, Hispanic, and Latino.................................................................................................................. 22
Table2: Race......................................................................................................................................................... 22
Table3: Age........................................................................................................................................................... 22
Table 4: Income and Poverty Status..................................................................................................................... 22
Table 5: Employment and Labor Force................................................................................................................. 22
Table6: Housing Units.......................................................................................................................................... 22
Table7: Travel Mode ............................................................................................................................................ 23
Table8: Language ................................................................................................................................................. 23
Table9: EJ Thresholds........................................................................................................................................... 24
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TITLE VI NONDISCRIMINATION AGREEMENT
BETWEEN
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
AND
OCTS
In accordance with DOT Order 1050.2A,OCTS assures the North Carolina Department of Transportation (NCDOT)that no
person shall, on the ground of race, color, national origin, sex, creed, age, or disability, as provided by Title VI of the
Civil Rights Act of 1964,the Civil Rights Restoration Act of 1987 and related nondiscrimination authorities, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or
activity undertaken by OCTS .
Further,OCTS hereby agrees to:
1. Designate a Title VI Coordinator that has a responsible position within the organization and easy access to the
Transportation Services Director of the organization.
2. Issue a policy statement, signed by the Transportation Services Director of the organization, which expresses a
commitment to the nondiscrimination provisions of Title VI and related applicable statutes.The signed policy statement
shall be posted and circulated throughout the organization and to the general public and published where appropriate
in languages other than English. The policy statement will be re-signed when there is a change of Transportation
Services Director.
3. Insert the clauses of the contract language from Section 6.1 in every contract awarded by the organization. Ensure that
every contract awarded by the organization's contractors or consultants also includes the contract language.
4. Process all and,when required,investigate complaints of discrimination consistent with the procedures contained within
this Plan. Log all complaints for the administrative record.
5. Collect statistical data(race,color, national origin,sex,age,disability)on participants in,and beneficiaries of, programs
and activities carried out by the organization.
6. Participate in training offered on Title VI and other nondiscrimination requirements. Conduct or request training for
employees or the organization's subrecipients.
7. Take affirmative action, if reviewed or investigated by NCDOT, to correct any deficiencies found within a reasonable
time period, not to exceed 90 calendar days, unless reasonable provisions are granted by NCDOT.
8. Document all Title VI nondiscrimination-related activities as evidence of compliance. Submit information and reports to
NCDOT on a schedule outlined by NCDOT.
THIS AGREEMENT is given in consideration of, and for the purpose of obtaining, any and all federal funds, grants, loans,
contracts, properties, discounts or other federal financial assistance under all programs and activities and is binding.
Authorized Signature
Nishith Trivedi
Transportation Director
Date
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I. INTRODUCTION
Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000d provides that: "No person in the United States shall,
on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits
of,or be subjected to discrimination under any program or activity receiving Federal financial assistance."
The broader application of nondiscrimination law is found in other statutes, executive orders, and
regulations, which provide additional protections based on age, sex, creed (religion), and disability,
including the 1987 Civil Rights Restoration Act, which extended nondiscrimination coverage to all
programs and activities of federal-aid recipients, subrecipients, and contractors, including those that are
not federally-funded (SEE APPENDIX A—NONDISCRIMINATION AUTHORITIES).
OCTS is a recipient of Federal Transit Administration (FTA)funds from the North Carolina Department of
Transportation (NCDOT). OCTS establishes this Title VI Nondiscrimination Plan for the purpose of
complying with Title VI of the Civil Rights Act of 1964, as required by FTA Circular 4702.113, and related
requirements outlined within the FTA Certifications & Assurances, "Nondiscrimination Assurance." This
document details the nondiscrimination program, policies, and practices administered by OCTS, and will
be updated periodically to incorporate changes and additional responsibilities as they are made. This
Plan will be submitted to NCDOT or FTA, upon request.
II. DESCRIPTION OF PROGRAMS AND SERVICES
A. Program(s) and Services Administered
OCTS provides public transportation options to its customers within county limits of Orange County,
North Carolina. OCTS provides both demand response service and fixed route service. Our demand
response service includes transportation provided by Rural Operating Assistance Program (ROAP), Non-
Emergency Medical Transportation (Medicaid), and Americans with Disabilities Act. Our fixed route
service is comprised of four buses.The Hillsborough Circulator which circulates the town of Hillsborough
from Sam — 5pm Monday through Friday which is fare free. Then there is the Orange- Chapel Hill
Connector which has two buses one that starts in Cedar Grove, NC and the other that starts in Chapel
Hill, NC, fare for this route is two dollars one-way or four dollars round trip. The Orange —Chapel Hill
Connector is in service from 9:45am -3:50pm Monday through Friday. Lastly there is the Orange —
Alamance Connector this routes services the Town of Hillsborough and City of Mebane from 10:00am —
3:00pm Monday through Friday, fare for this route is two dollars one way or four dollars round trip.
Following the Orange County Holiday Schedule, OCTS's Administrative Office and Fixed Route Services
are closed the following days in 2020:
New Year's Day:January 1, 2020 Martin Luther King.Jr's Birthday:January 20, 2020
Good Friday:April 10, 2020 Memorial Day: May 25, 2020
Independence Day:July 3, 2020 Labor Day: September 7, 2020
Thanksgiving: November 26-27, 2020Christmas December 24, 25, 28, 2020
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OCTS Staff is comprised of:
• Transit Director (1)
• Business Officer (1)
• Transportation Administrator (1)
• Transit Operations Manager (1)
• Transportation Operations Supervisor (1)
• Transit Dispatch (2)
• Office Assistant (1)
• Full Time Public Transportation Drivers (10)
• Part Time Public Transportation Drivers (2)
Service/Route Service Days Service Times ADA Service Type Fare
Combination of
Orange-Alamance Monday- 10:00 am — 3:00 separate dial-a-ride $2 general public
Connector Friday pm service and fixed-route and ADA
deviation
Orange-Chapel Hill Combination of
Monday- separate dial-a-ride $2 general public
Hill)
Connector (Hill-to- Friday 9:30 am —4:00 pm service and fixed-route and ADA
deviation
Combination of No fare for
Hillsborough Monday- separate dial-a-ride
Circulator Friday 8:00 am —5:00 pm service and fixed-route general public or
ADA passengers
deviation
Combination of $3 one-way
Elderly/Disabled Monday- separate dial-a-ride
Transportation 8:00 am —5:00 pm
Assistance Program Friday service and fixed-route
deviation
Combination of
Rural General Public Monday- 8:00 am —5:00 pm separate dial-a-ride $12.74 one-way
Friday service and fixed-route
deviation
B. Funding Sources/Tables
For the purpose of federally assisted programs, "federal assistance" shall include:
1. Grants and loans of Federal funds, including grant or donation of Federal property and interest in
property and detail of Federal personnel.
2. Sale and lease of, and the permission to use (on other than a casual or transient basis), Federal
property or any interest in such property without consideration or at a nominal consideration, or at
a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the
public interest to be served by such sale or lease to the recipient; and
3. Federal agreement, arrangement, or other contract which has, as one of its purposes, the provision
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of assistance.
Each FTA Formula Grant received by our system during the past year, and whether the funds were
received through NCDOT or directly from FTA, is checked below.
Details
Grant Title NCDOT FTA (i.e., purpose, frequency, and duration of
receipt)
Annual formula based allocation from DCHC
5307 (Urbanized Area Formula) ❑ ❑ and BG MPO urbanized areas.
Reimbursement based with strict local
match requirements.
5309 (b)(2) (Fixed Guideway
Modernization) ❑ ❑ Not Applicable
5310 (Transportation for Elderly Received from Department of Aging for
Persons and Persons with ❑
senior transportation.
Disabilities)
Annual formula based allocation from DCHC
through the Unified Planning Work Program
5311 (Formula Grants for Other than ❑ ❑ for rural Orange County. Reimbursement
Urbanized Areas) based with strict local match requirements.
Includes Rural Transit Assistance Program
(RTAP)
Annual formula based allocation from DCHC
5311 (b)(3) (Rural Transit Assistance) ❑
through the Unified Planning Work Program
for rural Orange County. Reimbursement
based with strict local match requirements.
5316 (Job Access and Reverse
❑ ❑ Not Applicable
Commute)
5317 (New Freedom) ❑ ❑ Not Applicable
5303, 5304 and/or 5305
(Metropolitan &Statewide Planning) ❑ ❑ Not Applicable
Annual formula based allocation from
5339 (Bus and Bus Facilities Formula) ❑ ❑ NCDOT for Capital transit projects.
Reimbursement based with strict local
match requirements.
Congestion Management and Air Quality
(CMAQ), reimbursement and local-match
based with set allocation from DCHC MPO
Other: ❑ ® and TARPO.
Rural Operating Assistance Program (ROAP),
Elderly and Disabled Transportation
Assistance Program (EDTAP), Rural General
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Public (RGP) and Employment and
Transportation Assistance Program (ETAP)
C. Decision-Making Process
Board or Committee Name Appointed Elected # of
Members
Transit Advisory Board z 0 7
Orange Unified Transportation Board z 0 7
Board of County Commissioners El ® 7
D. Title VI Coordinator
The individual below has been designated as the Title VI Coordinator for OCTS, and is empowered with
enough authority and responsibility to implement the Title VI Nondiscrimination Program: Key
responsibilities of the coordinator include:
• Maintaining knowledge of Title VI and related requirements.
• Attending civil rights training when offered by NCDOT or any other regulatory agency.
• Administering the Title VI Nondiscrimination Program and coordinating implementation of this Plan.
• Training internal staff and officials on their Title VI nondiscrimination obligations.
• Disseminating Title VI information internally and to the general public, including in languages other
than English.
• Presenting Title VI-related information to decision-making bodies for input and approval.
• Ensuring Title VI-related posters are prominently and publicly displayed.
• Developing a process to collect data related to race, national origin, sex, age, and disability to ensure
minority, low-income, and other underserved groups are included and not discriminated against.
• Ensuring that non-elected boards and committees reflect the service area and minorities are
represented.
• Implementing procedures for prompt processing (receiving, logging, investigating and/or forwarding)
of discrimination complaints.
• Coordinating with, and providing information to, NCDOT and other regulatory agencies during
compliance reviews or complaint investigations.
• Promptly resolving areas of deficiency to ensure compliance with Title VI nondiscrimination
requirements.
Title VI Coordinator is:
Jamael Wiley—Transit Operations Manager Email:Jwilev@orangecountync.gov
600 NC-86
Hillsborough, NC 27278 Phone: 919-245-2004
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Leadership Change
If Title VI Coordinator or Transportation Services Director changes, this document and all other
documents that name the coordinator, will immediately be updated, and an updated policy statement
(and nondiscrimination agreement, if standalone) will be signed by the new Transportation Services
Director.
Organizational Chart
Organization Name or Abbreviation currently employs twenty (20) staff which consist of the following
job categories. An organizational chart showing the Title VI Coordinator's place within the organization
is in APPENDIX B.
Sub recipients
OCTS does not have pass through funds to any other organizations and,therefore, does not have any sub
recipients.
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III. TITLE VI NONDISCRIMINATION POLICY STATEMENT
It is the policy of The Organization Name (Abbreviation), as a federal-aid recipient, to ensure that no
person shall, on the ground of race, color, national origin, sex, creed (religion), age or disability, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any of our programs and activities, as provided by Title VI of the Civil Rights Act of 1964, the Civil
Rights Restoration Act of 1987, and all other related nondiscrimination laws and requirements.
Signature
Title VI Coordinator
A. Title VI and Related Authorities
Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d) provides that, "No person in the United
States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance."The 1987 Civil Rights Restoration Act (P.L. 100-259) clarified and restored the original intent
of Title VI by expanding the definition of "programs and activities" to include all programs and activities
of federal-aid recipients, sub recipients, and contractors, whether such programs and activities are
federally assisted or not.
Related nondiscrimination authorities include, but are not limited to: U.S. DOT regulation, 49 CFR part
21, "Nondiscrimination in Federally-assisted Programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights Act"; 49 U.S.C. 5332, "Nondiscrimination (Public
Transportation)"; FTA Circular 4702.113 - Title VI Requirements and Guidelines for Federal Transit
Administration Recipients; DOT Order 5610.2a, "Actions to Address Environmental Justice in Minority
Populations and Low-income Populations"; FTA C 4703.1 - Environmental Justice Policy Guidance For
Federal Transit Administration Recipients; Policy Guidance Concerning(DOT) Recipient's Responsibilities
to Limited English Proficient (LEP) Persons, 74 FR 74087; The Americans with Disabilities Act of 1990, as
amended, P.L. 101-336; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790; Age Discrimination
Act of 1975, as amended 42 U.S.C. 6101; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681;
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C.4601;Section
508 of the Rehabilitation Act of 1973, 29 U.S.C. 794d.
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Implementation
• This statement will be signed by the Transportation Services Director of OCTS and re-signed
whenever a new person assumes that position.
• The signed statement will be posted on office bulletin boards, near the receptionist's desk,
in meeting rooms, at transit stops, inside vehicles, and disseminated within brochures and
other written materials.
• The core of the statement (signature excluded) will circulate internally within annual
acknowledgement forms and will be posted or provided in languages other than English, when
appropriate.
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IV. NOTICE OF NONDISCRIMINATION
➢ OCTS operates its programs and services without regard to race, color, national origin, sex, creed
(religion), age, and disability in accordance with Title VI of the Civil Rights Act and related statutes.
Any person who believes she or he has been aggrieved by any unlawful discriminatory practice may
file a complaint with OCTS.
➢ For more information on OCTS's civil rights program, and the procedures to file a complaint,
contact 919-245-2008, (TTY 919-644-3045)
➢ Email octransportationservices@orangecountync.gov, (TTY 919-644-3045); or
➢ Visit our administrative office at 600 NC Highway 86 N Hillsborough, NC 278278. For more
information, visit orangecounync.gov.
➢ If information is needed in another language, contact 919-245-2498.
➢ A complainant may file a complaint directly with the North Carolina Department of Transportation
by filing with the Office of Civil Rights, External Civil Rights Section, 1511 Mail Service Center, Raleigh,
NC 27699-1511, Attention: Title VI Nondiscrimination Program; phone: 919-508-1808 or 800-522-
0453, or TDD/TTY: 800-735-2962.
➢ A complainant may file a complaint directly with the Federal Transit Administration by filing a
complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th
Floor-TCR, 1200 New Jersey Ave., SE, Washington, DC 20590.
Implementation
• The notice will be posted in its entirety on our website and in any documents and reports
we distribute.
• The notice will be posted in our offices and inside/on our vehicles.
• Ads in newspapers and other publications shall include the following: "OCTS operates without
regard to race, color, national origin, sex, creed (religion), age or disability. For more information
on OCTS Title VI program or how to file a discrimination complaint, please contact 919-245-2008;
octransportationservices@orangecountync.gov."
• The statement will be posted or provided in languages other than English, when appropriate.
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V. NONDISCRIMINATORY ADMINISTRATION OF PROGRAMS AND SERVICES
We are committed to nondiscriminatory administration of our programs and services,organization wide.
OCTS will remind employees of Title VI nondiscrimination obligations through staff training and use of
the Title VI Nondiscrimination Policy below. The Title VI Coordinator will periodically assess program
operations to ensure this policy is being followed.
Title VI Nondiscrimination Policy
(Title VI and related nondiscrimination authorities)
No person shall, on the grounds of race, color, national origin, sex, age, creed, or disability, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity of a Federal-aid recipient. All employees and representatives of OCTS are expected to consider,
respect, and observe this policy in their daily work and duties. If any person approaches you with a civil
rights-related question or complaint, please direct him or her to Nishith Trivedi,Transportation Director.
In all dealings with the public, use courtesy titles (e.g., Mr., Mrs., Miss, Dr.) to address or refer to them
without regard to their race, color, national origin, sex, age or disability.
Acknowledgement of Receipt of Title VI Program
I hereby acknowledge receipt of OCTS Title VI Program and other nondiscrimination guidelines. I have
read the Title VI Program and I am committed to ensuring that no person is excluded from participation
in or denied the benefits of OCTS programs, policies, services and activities on the basis of race, color,
national origin, sex, age, creed (religion), or disability, as provided by Title VI of the Civil Rights Act of
1964 and related nondiscrimination statutes.
Signature Date
Implementation
• Periodically, but not more than once a year, employees and representatives will receive,
review and certify commitment to the Title VI Program.
• New employees shall be informed of Title VI provisions and expectations to perform their
duties, accordingly, asked to review the Title VI Program, and required to sign the
acknowledgement form.
• Periodic review of operational practices and guidelines by the Title VI Coordinator to verify
compliance with the Title VI Program. Maintain documents of each review on file.
• Signed acknowledgement forms and records of internal assessments will remain on file for at least
three years.
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VI. CONTRACT ADMINISTRATION
OCTS ensures all contractors will fulfill their contracts in a nondiscriminatory manner. While contractors
are not required to prepare a Title VI Program, they must comply with the nondiscrimination
requirements of the organization to which they are contracted. OCTS and its contractors will not
discriminate in the selection and retention of contractors (at any level) or discriminate in employment
practices in connection with any of our projects.
Contract Language
I. During the performance of this contract, the the Regulations, and directives issued pursuant thereto
contractor, for itself, its assignees, and successors in and will permit access to its books, records, accounts,
interest (hereinafter referred to as the "contractor") other sources of information, and its facilities as may be
agrees as follows: determined by the Recipient or the FTA to be pertinent
to ascertain compliance with such Acts, Regulations,and
(1) Compliance with Regulations: The contractor instructions. Where any information required of a
(hereinafter includes consultants) will comply with the contractor is in the exclusive possession of another who
Acts and the Regulations relative to Nondiscrimination in fails or refuses to furnish the information,the contractor
Federally-assisted programs of the U.S. Department of will so certify to the Recipient or the FTA,as appropriate,
Transportation, Federal Transit Administration (FTA), as and will set forth what efforts it has made to obtain the
they may be amended from time to time, which are information.
herein incorporated by reference and made a part of this
contract. (5) Sanctions for Noncompliance: In the event of a
contractor's noncompliance with the Non-discrimination
(2) Nondiscrimination: The contractor, with regard provisions of this contract,the Recipient will impose such
to the work performed by it during the contract,will not contract sanctions as it or the FTA may determine to be
discriminate on the grounds of race, color, national appropriate, including, but not limited to:
origin, sex, age, creed (religion), low-income, limited
English proficiency, or disability in the selection and The Uniform Relocation Assistance and Real
retention of subcontractors, including procurements of Property Acquisition Policies Act of 1970, (42 U.S.C. §
materials and leases of equipment. The contractor will 4601), (prohibits unfair treatment of persons displaced
not participate directly or indirectly in the discrimination or whose property has been acquired because of Federal
prohibited by the Acts and the Regulations, including or Federal-aid programs and projects);
employment practices when the contract covers any 0 Federal-Aid Highway Act of 1973, (23 U.S.C. §
activity, project,or program set forth in Appendix B of 49 324 et seq.), (prohibits discrimination on the basis of
CFR Part 21. sex);
• Section 504 of the Rehabilitation Act of 1973,
(3) Solicitations for Subcontractors, Including (29 U.S.C. § 794 et seq.), as amended, (prohibits
Procurements of Materials and Equipment: In all discrimination on the basis of disability);and 49 CFR Part
solicitations, either by competitive bidding, or 27;
negotiation made by the contractor for work to be 0 The Age Discrimination Act of 1975, as
performed under a subcontract, including procurements amended, (42 U.S.C. § 6101 et seq.), (prohibits
of materials, or leases of equipment, each potential discrimination on the basis of age);
subcontractor or supplier will be notified by the 0 Airport and Airway Improvement Act of 1982,
contractor of the contractor's obligations under this (49 USC § 471, Section 47123), as amended, (prohibits
contract and the Acts and the Regulations relative to discrimination based on race, creed, color, national
Nondiscrimination on the grounds of race, color, or origin,or sex);
national origin. The Civil Rights Restoration Act of 1987,(PL 100-
209), (Broadened the scope, coverage and applicability
(4) Information and Reports: The contractor will of Title VI of the Civil Rights Act of 1964, The Age
provide all information and reports required by the Acts, Discrimination Act of 1975 and Section 504 of the
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Rehabilitation Act of 1973,by expanding the definition of
the terms "programs or activities" to include all of the 6) Incorporation of Provisions: The contractor will
programs or activities of the Federal-aid recipients, sub- include the provisions of paragraphs one through six in
recipients and contractors, whether such programs or every subcontract, including procurements of materials
activities are Federally funded or not); and leases of equipment, unless exempt by the Acts,the
• Titles II and III of the Americans with Disabilities Regulations and directives issued pursuant thereto. The
Act, which prohibit discrimination on the basis of contractor will take action with respect to any
disability in the operation of public entities, public and subcontract or procurement as the Recipient or the FTA
private transportation systems, places of public may direct as a means of enforcing such provisions
accommodation,and certain testing entities(42 U.S.C.§§ including sanctions for noncompliance. Provided, that if
12131-12189) as implemented by Department of the contractor becomes involved in, or is threatened
Transportation regulations at 49 C.F.R. parts 37 and 38; with litigation by a subcontractor, or supplier because of
• The Federal Aviation Administration's such direction,the contractor may request the Recipient
Nondiscrimination statute (49 U.S.C. §47123) (prohibits to enter into any litigation to protect the interests of the
discrimination on the basis of race,color, national origin, Recipient. In addition, the contractor may request the
and sex); United States to enter into the litigation to protect the
• Executive Order 12898, Federal Actions to interests of the United States.
Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures II. During the performance of this contract, the
Nondiscrimination against minority populations by contractor, for itself, its assignees, and successors in
discouraging programs, policies, and activities with interest (hereinafter referred to as the "contractor")
disproportionately high and adverse human health or agrees to comply with the following nondiscrimination
environmental effects on minority and low-income statutes and authorities; including but not limited to:
populations;
• Executive Order 13166, Improving Access to Pertinent Nondiscrimination Authorities
Services for Persons with Limited English Proficiency,and e Title VI of the Civil Rights Act of 1964(42 U.S.C.
resulting agency guidance, national origin discrimination § 2000d et seq., 78 stat. 252), (prohibits discrimination
includes discrimination because of Limited English on the basis of race, color, national origin); and 49 CFR
proficiency(LEP).To ensure compliance with Title VI,you Part 21.
must take reasonable steps to ensure that LEP persons (a) Withholding payments to the contractor under
have meaningful access to your programs (70 Fed. Reg. the contract until the contractor complies;and/or
at 74087 to 74100); (b) Cancelling, terminating, or suspending a
• Title IX of the Education Amendments of 1972, contract,in whole or in part.
as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 *The Contractor has read and is familiar with the terms
U.S.C. 1681 et seq); above:
• Federal transit laws,specifically 49 U.S.C.§5332
(prohibiting discrimination based on race,color, religion,
national origin,sex(including gender identity),disability, Contractor's Initials
age,employment, or business opportunity).
12 Page
20
B. Nondiscrimination Notice To Prospective Bidders
The OCTS, in accordance with Title VI of the Civil Rights Act of 1964 and related nondiscrimination
authorities, and Title 49 Code of Federal Regulations, Parts 21 and 26, hereby notifies all bidders that it
will affirmatively insure that in any contact entered into pursuant to this advertisement, minority and
women business enterprises will be afforded full opportunity to submit bids in response to this invitation
and will not be discriminated against on the grounds of race, color, national origin, sex, age, creed,
limited English proficiency, low-income, or disability in consideration for an award.
Implementation
• The nondiscrimination language above will be included in all solicitations for bids for
work or material and proposals for negotiated agreements to assure interested firms
that we provide equal opportunity and do not discriminate.
• Outreach efforts will be made to minority and women-owned firms that work in
requested fields and documented.
• Unless specifically required under Disadvantaged Business Enterprise (DBE) or
Affirmative Action programs, all contractors will be selected without regard to their race,
color, national origin, or sex.
• The nondiscrimination language above (with initials line) will be appended to any existing
contracts, purchase orders, and agreements that do not include it, and initialed by the
responsible official of the other organization.
• The nondiscrimination language above (without initials line) will be incorporated as
standard language before the signature page of our standard contracts, purchase
orders, and agreements.
• The Title VI Coordinator will review existing contracts to ensure the language has been
added.
13 Page
21
VII. EXTERNAL DISCRIMINATION COMPLAINT PROCEDURES
These discrimination complaint procedures outline the process used by OCTS to process complaints of
alleged discrimination filed under Title VI of the Civil Rights Act of 1964 and related nondiscrimination
laws that are applicable to OCTS programs, services, and activities. Complaints will be investigated by
the appropriate authority. Upon completion of an investigation, the complainant will be informed of all
avenues of appeal. Every effort will be made to obtain early resolution of complaints at the lowest level
possible by informal means.
Filing of Complaints
1. Applicability—These procedures apply to the beneficiaries of our programs, activities, and services,
such as the members of the public and any consultants/contractors we hire.
2. Eligibility — Any person or class of persons who believes that he/she has been subjected to
discrimination or retaliation prohibited by any of the Civil Rights authorities based upon race, color,
sex, age, national origin, creed (religion) or disability, may file a written complaint. The law prohibits
intimidation or retaliation of any sort. The complaint may be filed by the affected individual or a
representative and must be in writing.
3. Time Limits and Filing Options—A complaint must be filed no later than 180 calendar days after the
following:
➢ The date of the alleged act of discrimination; or
➢ The date when the person(s) became aware of the alleged discrimination; or
➢ Where there has been a continuing course of conduct, the date on which that conduct was
discontinued or the latest instance of the conduct.
Complaints may be submitted to the following entities:
➢ OCTS, Administration Office, 600 NC 86 N Hillsborough, NC 27278, PO BOX 818 Hillsborough, NC
27278 ;919-245-2008
➢ North Carolina Department of Transportation, Office of Civil Rights, External Civil Rights
Section, 1511 Mail Service Center, Raleigh, NC 27699-1511; 919-508-1830 or toll free 800-522-
0453
➢ US Department of Transportation, Departmental Office of Civil Rights, External Civil Rights
Programs Division, 1200 New Jersey Avenue, SE, Washington, DC 20590; 202-366-4070
➢ Federal Transit Administration, Office of Civil Rights, ATTN:Title VI Program Coordinator, East
Bldg. 5t" Floor—TCR, 1200 New Jersey Avenue, SE, Washington, DC 20590
➢ US Department of Justice, Special Litigation Section, Civil Rights Division, 950 Pennsylvania
Avenue, NW, Washington, DC 20530, 202-514-6255 or toll free 877-218-5228
4. Format for Complaints — Complaints shall be in writing and signed by the complainant(s) or a
representative and include the complainant's name, address, and telephone number. Complaints
received by fax or e-mail will be acknowledged and processed. Allegations received by telephone or
in person will be reduced to writing, may be recorded and will be provided to the complainant for
confirmation or revision before processing. Complaints will be accepted in other languages, including
14 Page
22
Braille.
5. Discrimination Complaint Form — The Discrimination Complaint Form is consistent with the FTA
Certifications & Assurances, "Nondiscrimination Assurance."
6. Complaint Basis—Allegations must be based on issues involving race, color, national origin, sex, age,
creed (religion) or disability.The term "basis" refers to the complainant's membership in a protected
group category.
Protected Definition Applicable
Categories FTA Regulations
An individual belonging to Black/African American, Title VI of the Civil Rights
one of the accepted racial Hispanic/Latino, Asian, Act of 1964;
groups; or the perception, American Indian/Alaska 49 CFR Part 21;
based usually on physical Native, Native 49 U.S.C. 5332(b);
characteristics that a Hawaiian/Pacific FTA Circular 4702.113
person is a member of a Islander, White
racial group
• Color of skin, including Black, White, brown,
shade of skin within a racial yellow, etc.
group
NationalOrigin Place of birth. Citizenship is Mexican, Cuban,
not a factor. Discrimination Japanese, Vietnamese,
based on language or a Chinese
person's accent is also
covered.
Gender Women and Men 49 U.S.C. 5332(b); Title IX
of the Education
Amendments of 1972
Persons of any age 21 year old person Age Discrimination Act of
1975
Disability Physical or mental Blind, alcoholic, para- Section 504 of the
impairment, permanent or amputee, epileptic, Rehabilitation
temporary, or perceived. diabetic, arthritic Act of 1973; Americans
with Disabilities Act of
1990
- - • Religion. Muslim, Christian, Hindu, 49 U.S.C. 5332(b)
Atheist
B. Complaint Processing
1. When a complaint is received, an Acknowledgment Letter and a Complainant Consent/Release
Form will be mailed to the complainant within ten (10) business days by registered mail.
2. We will consult with the NCDOT Title VI Program to determine the acceptability and jurisdiction
of all complaints received. (Note: If NCDOT will investigate, the Title VI Program will be
15 Page
23
responsible for the remainder of this process. We will record the transfer of responsibility in our
complaints log).
3. Additional information will be requested if the complaint is incomplete. The complainant will be
provided 15 business days to submit any requested information and the signed Consent Release
form. Failure to do so may be considered good cause for a determination of no investigative merit.
4. Upon receipt of the requested information and determination of jurisdiction, we will notify the
complainant and respondent of whether the complaint has enough merit to warrant
investigation.
5. If the complaint is investigated, the notification shall state the grounds of our jurisdiction, while
informing the parties that their full cooperation will be required in gathering additional
information and assisting the investigator.
6. If the complaint does not warrant investigation, the notification to the complainant shall
specifically state the reason for the decision.
C. Complaint Log
1. When a complaint is received, the complaint will be entered into the Discrimination Complaints
Log with other pertinent information and assigned a Case Number. (Note:All complaints must be
logged).
2. The complaints log will be submitted to the NCDOT's Civil Rights office during Title VI compliance
reviews. (Note: NCDOT may also be request the complaints log during pre-grant approval
processes).
3. The Log Year(s) since the last submittal will be entered (e.g., 2015-2018, 2017-2018, FFY 2018, or
2018) and the complaints log will be signed before submitting the log to NCDOT.
4. When reporting no complaints, check the No Complaints or Lawsuits box and sign the log.
16 Page
24
D. OCTS- Discrimination Complaint Form
Any person v1ho believes that he/she has been subjected to discrimination based upon race,color,creed,sex,age,national ofigin,or disability
may file a written complaint with Ofange County Tfansportation Services,within 180 days after the discrininAon occurred.
Last Name. First Name, ❑ Male
Female
Mailing Address. City State Zip
Home Telephone: Mork Telephone FE-mail Address
Identify the Category of Discrimination.
13 RACE [3 COLOR ❑NATIONAL ORIGIN ❑SEX
❑CREED(RELIGION) ❑DISABILITY ❑LIMITED ENGLISH PROFICIENCY ❑AGE
'NOTE-Title N bases are race color national ongo AN oMerbases are hand k'Jre'Nondiscrnrunation Assurance'of the FTA Ceni i:wrons d Assurances
Identity the Race of the Complainant
❑Black ❑White ❑ Hispanic ❑Asian American
❑American Indian ❑Alaskan Native ❑ Pacific Islander ❑ Other
Date and place of alleged discriminatory acbon(s). Please include earliest date of discrimination and most recent date of discrimination
Names of individuals responsible for the discriminatory action(s)
How were you discriminated against?Describe the nature of the action,decision,or conditions of the alleged discrimination.Explain as clearly
as possible what happened and why you believe your protected status(basis)was a factor in the discrimination.Include how other persons
were treated differently from you.(Attach additional page(s),if necessary).
The law prohibits intimidation or retaliation against anyone because he/she has either taken action,or participated inaction.to secure rights
protected by these laws.If you feel that you have been retaliated against,separate from the discrimination alleged above,and please explain
the circumstances below.Explain what action you took which you believe was the cause for the alleged retaliation.
Names of persons(witnesses.fellow employees supervisors,or others)whom we may contact for additional information to support of clan4
your complaint: (Attached additional page(s). if necessary)
Name Address Telephone
1.
2.
3.
4.
171Page
25
Have you filed,or intend to file.a complaint regarding the matter raised with any of the following?If yes, please provide the filing dates Check
all that apply.
❑NC Department of Transportation
❑Federal Transit Administration
❑US Department of Transportation
❑US Department of Justice
❑Federal or State Court
❑Other
Have you discussed the complaint with any OCTS representative?Ityes. provide the name. position. and date of discussion.
Please provide any additional information that you believe would assist with an investigation
Briefly explain what remedy.or action. are you seeking for the alleged discrimination.
"WE CANNOT ACCEPT AN UNSIGNED COMPLAINT. PLEASE SIGN AND DATE THE COMPLAINT FORM BELOW.
COMPLAINANT'S SIGNATURE ANTE
MAIL COMPLAINT FORM TO:
Orange County Transportation Services
600 NC 86
Hillsborough_NC 27278
(919)245-2004
FOR OFFICE USE ONLY
Date Complaint Received:
Processed by:
Case#
Referred to: ❑NCOOT ❑FTA Date Referred
181Page
26
E. Discrimination Complaints Log
Log Year(s):
CASE COMPLAINANT RACE/ RESPONDENT BASIS DATE DATE ACTION TAKEN DATE DISPOSITION
NO. NAME GENDER NAME FILED RECEIVED INVESTIG.
COMPLETED
No Complaints or Lawsuits
I certify that to the best of my knowledge,the above described complaints or lawsuits alleging discrimination,or no complaints or lawsuits alleging discrimination,
have been filed with or against OCTS since the previous Title VI Program submission to NCDOT.
Signature of Title VI Coordinator or Other Authorized Official Date
Print Name and Title of Authorized Official
19
27
Investigative Guidance
1. Scope of Investigation —An investigation should be confined to the issues and facts relevant to the
allegations in the complaint, unless evidence shows the need to extend the issues.
2. Developing an Investigative Plan—It is recommended that the investigator prepares an Investigative
Plan (IP) to define the issues and lay out the blueprint to complete the investigation. The IP should
follow the outline below:
• Complainant(s) Name and Address (Attorney name and address if applicable)
• Respondent(s) Name and Address (Attorney for the Respondent(s) name and address)
• Applicable Law(s)
• Basis/(es)
• Allegation(s)/Issue(s)
• Background
• Name of Persons to be interviewed
• Questions for the complainant(s)
• Questions for the respondent(s)
• Questions for witness(es)
• Evidence to be obtained during the investigation
• Issue—e.g., Complainant alleges his predominantly African American community was excluded
from a meeting concerning a future project which could affect the community.
• Documents needed: e.g., mailing list which shows all physical addresses, P.O. Box numbers,
property owner names, and dates when the meeting notification was mailed; other methods
used by the RPO to advertise the meeting.
3. Request for Information — The investigator should gather data and information pertinent to the
issues raised in the complaint.
4. Interviews — Interviews should be conducted with the complainant, respondent, and appropriate
witnesses during the investigative process. Interviews are conducted to gain a better understanding
of the situation outlined in the complaint of discrimination. The main objective during the interview
is to obtain information that will either support or refute the allegations.
5. Developing an Investigative Report—The investigator should prepare an investigative report setting
forth all relevant facts obtained during the investigation.The report should include a finding for each
issue. A sample investigative report is provided below.
28
investigative Report
1. Complainant(S) Name (Or Attorney For The Complainant(S)—Name And Address If Applicable Name,
Address, Phone: 999-999-9999
2. Respondent(S) (Or Attorney For The Respondent(S) — Name And Address If Applicable) Name,
Address, Phone: 999-999-9999
3. Applicable Law/Regulation
4. Complaint Basis/(Es)
5. Issues/AI legations
6. Background
7. Investigative Procedure
8. Issues/ Findings Of Fact
9. Conclusion
10. Recommended Actions Appendix
29
VIII. SOCIECONOMIC DATA, EQUITY, AND ENVIRONMENTAL JUSTICE
To ensure that Title VI reporting requirements are met, OCTS will collect and maintain socioeconomic
data as published by the United States Census Bureau American Community Survey(ACS)on potential and
actual beneficiaries of our programs and services. This section is intended as a compilation of relevant
socioeconomic characteristics from our overall service area. This data will provide context to the Title VI
Nondiscrimination Program and be used to ensure nondiscrimination and improve public outreach
initiatives and delivery of ongoing programs. Tables 1 —8 below provide the socioeconomic description
of Orange County based on the latest ACS data.
Total Mal Fern I FNot . .
Population &IL aALHispanic/Latino
142938 1 68187 74751 1 130924 12014
Table 1:Gender, Hispanic, and Latino
•
106535 16557 784 11106 8 3707 4241
Table 2:Race
Unddk j Age 18 - Age 40 - Age 50 Age 60 Age 70 Median
49 �El-59 69" and 0
6593 1 21933 1 51100 18307 17763 16002 1 11240 1 38.268
Table 3:Age
Median MHHl age MHHI . . -
poverty MHHI age Total Individuals
Household 25 -44 45 -64 65 and Population below
Income over for
$73,941.61 1 $79,013.44 1 $114,671.25 $69,951.15 131789 17633
Table 4:Income and Poverty Status
Employment . . . . . . ivilian Unemployed
age . . . Labor)rj
118152 76548 1 41604 73172 3353
Table 5:Employment and Labor Force
Total d VacanjOwner Renter Median
Housing HU Occupied Occupied
Units 166; -1 Value
57502 1 525291 4973 11 32539 19990 1 $319,854.55
Table 6:Housing Units
30
Travel ..
Housing Units w/ No Vehicles 1 Vehicle 2 3 or more
Vehicles Vehicle Vehicles
52529 2644 17188 20311 12386
Total Commuters Car Truck or Alone Carpool
Van
71547 53304 48204 5100
Public Transit Motorcycle Bicycle Walked Other
5084 141 1323 4379 803
Table 7:Travel Mode
dult Language
Populati
(18 and
Speak only English
96408
Also speak English
Speak Very Less than Well Not Not at
Spanish Well very well well all
7166 3506 3660 1168 1357 1135
114412 Speak Indonesian
43441 3638 706 526 113 67
Speak Asian
58651 3281 2584 1748 626 210
Speak Other
629 525 104 104 0 0
Table 8:Language
Title VI Equity Analyses. In accordance with FTA Circular 4702.113, a Title VI equity analysis will be
conducted whenever we construct a facility, such as a vehicle storage facility, maintenance facility, or
operation center. The equity analysis will be conducted during the planning stage, with regard to the
location of the facility, to determine if the project could result in a disparate impact to minority
communities based on race, color or national origin. Accordingly, we will look at various alternatives
before selecting a site for the facility. Project-specific demographic data on potentially affected
communities and their involvement in decision-making activities will be documented. Title VI Equity
Analyses will remain on file indefinitely, and copies will be provided to NCDOT, upon request, during
compliance reviews or complaint investigations.
Environmental Justice Analyses.As required by FTA C 4703.1, environmental justice (EJ) analyses will be
conducted to determine if our programs, policies, or activities will result in disproportionately high and
adverse human health and environmental effects on minority populations and low-income populations.
EJ applies to our projects, such as when we construct or modify a facility, and our policies, such as when
there will be a change in service, amenities or fares. Thus, we will look at various alternatives and seek
input from potentially affected communities before making a final decision. Demographic data will be
collected to document their involvement in the decision-making process. EJ analyses will remain on file
indefinitely, and copies will be provided to NCDOT, upon request, during compliance reviews or
complaint investigations.
31
Orange County is part of Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO),
Burlington-Graham Metropolitan Planning Organization (BG MPO) and Triangle Area Rural Planning
Organization (TARPO). The County's socioeconomic data is presented using best Environmental Justice
(EJ) analysis practices, and included in DCHC MPO's 2020 Environmental Justice Report. It is also part of
DCHC MPO and BG MPO's Metropolitan Transportation Plans (MTP). OCTS 2022 Title VI programs
remains consistent with MPO's EJ analysis.
Methodology- Determining County Thresholds
Orange County EJ analysis methodology follows the same process as DCHC MPO's 2020 EJ Report. EJ
"communities of concern" (CoC) are defined as any geographic area where the percentage of any EJ
population is greater than the County threshold for that particular EJ population. US Census Block Group
level data were used as the geographic area of comparison for each EJ population. County thresholds for
each EJ population group were developed and used as benchmarks for comparison. Total population
numbers for each EJ population in the Census Block Groups within the County were found and then
compared to the total County population to determine the percent of total population for each EJ
population. Each County threshold was then used during the analysis and identification of EJ
communities of concern. Regional thresholds are presented in Table 9.
PovertyBlack Minority Hispanic/Latino Below Elderly Zero Car LEP
12% 25% 8% 12% 13% S% 2%
Table 9:El Thresholds
Each EJ population in the County was mapped by US Census Block Group (Block Group).Any Block Group
with a concentration of an EJ population that exceeded the County threshold for that population was
identified as an EJ community of concern. This comparative analysis was performed for each EJ
population group to determine the locations of concentrated EJ communities of concern. For example,
Table 9 indicates that 25 percent of the total population of the DCHC area, is an EJ racial minority
population. Thus, 25 percent is used as the regional threshold for racial minority population. Any Block
Group with a racial minority population representing greater than 25 percent of the total population in
that Block Group is considered an EJ community of concern for racial minority population.
The determination of what is "disproportionately high and adverse human health or environmental
effect" as discussed by E.O. 12898 is context dependent. The approach used in the development of this
EJ analysis to identify communities of concern is only based on available Block Group data and the
proportion of protected populations that they contain.All transit project development processes should
include additional efforts to utilize local knowledge of individual neighborhoods to identify potential
populations that might have been missed during this Census-based analysis.
Census block groups that meet multiple EJ Thresholds are identified as overlapping Communities of
Concern. FIGURES 1—7 illustrate Orange County's socioeconomic data by block group and identify which
ones meet the County's EJ Thresholds. FIGURE 8 identifies the overlapping EJ Communities of Concern.
32
Enviror mewal Justice•Comity Level Analysis-Black
a
e'
ie e
Legend eb G-44
�-
Roads
A, .600.9.==r� ....
Figure 1:EJ Block Communities of Concern
33
Environmental Justice-County Level Analysis-Minority
:cl COC,
i •I'Iti+
.e•
i•a �
Legend ar« r,-Lya
�cn_• rs Roads
A �.
c.a�pe crnq�gnnnq ane nsa cen. .,..
Figure 2:EJ Minority Communities of Concern
34
Environmental Justice-County Level Analysis-Hi spa n lcXatino
G
e•
Legend came
Roads
A
avge eanhrmrtep awawmevwn m`
Figure 3:El Hispanic/Latino Communities of Concern
35
Environmental Justice-County Level Analysis-Below Poverty
�i
r
0
Legend � ��w•
u,_= _ _
Roads
d"Qe CWtro Pm-9 Mb l,ipe cerc
1tYYT TMr[!fV`�'�La, it
Figure 4:El Poverty Communities of Concern
36
Environmental Justice-County Level Analysis-Elderly
t9
it
i•e �
Legend a
' A
or.,gr ra,enrneenp awo.,x.emoe.
Figure 5:EJ Elderly Communities of Concern
37
Environmental Juslice-County Level Analysis-Zero Car Household
i.
o
Legend —KG-w•
rc, - Roads
t l
_ A �
canoe csna�ann np ana n:cecae�:
Figure 6:EJ Zero Car Communities of Concern
38
Environmental Justice-County Level Analysis-Limited English Proficiency(LEP)
c
z
j 1 0 • f
7
p..
I.•
Legend --w•
Roads
M1 a'rT'••• :f+M=Oi fr
Figure 7:EJ LEP Communities of Concern
39
Environmental Justice-County Level Analysis-Communities of Concern
-vim '•[7 r-{�r .9 I, cl i=C o
n
V
r-7
1
Legend — w•
Roads •y 'r..,-.•_,w
' A F-I:
vnme Ca.�h P unno ane n:xr.c-:
Hawn�rNsm;v=ua_a• -•"
Figure 8:El Communities of Concern
40
IX. PUBLIC INVOLVEMENT PLAN
A. Introduction
Effective public involvement is a key element in addressing Title VI in decision-making. This Public
Participation Plan describes how OCTS will disseminate vital agency information and engage the public.
We will seek out and consider the input and needs of interested parties and groups traditionally
underserved by transportation systems who may face challenges accessing our services,such as minority
and limited English proficient (LEP) persons. Underlying these efforts is our commitment to determining
the most effective outreach methods for a given project or population.
General public involvement practices will include:
• Expanding traditional outreach methods.Think outside the box:Go to hair salons, barbershops,street
fairs, etc.
• Providing for early,frequent and continuous engagement by the public.
• Use of social media and other resources as a way to gain public involvement.
• Coordinating with community- and faith-based organizations such as the Hispanic Liaison,
educational institutions, and other entities to implement public engagement strategies that reach
out specifically to members of affected minority and/or LEP communities.
• Providing opportunities for public participation through means other than written communication,
such as personal interviews or use of audio or video recording devices to capture oral comments.
• Considering radio, television, or newspaper ads on stations and in publications that serve LEP
populations. Outreach to LEP persons could also include audio programming available on podcasts.
B. Public Notification
Passengers and other interested persons will be informed of their rights under Title VI and related
authorities about our program. The primary means of achieving this will be posting and disseminating
the policy statement and notice as stipulated in Sections 3.0 and 4.0, respectively. Additional measures
may include verbally announcing our obligations and the public's rights at meetings, placing flyers at
places frequented by targeted populations, and an equal opportunity tag-on at the end of radio
announcements. The method of notification will be determined through an initial screening of the area.
C. Dissemination of Information
Information on Title VI and other programs will be crafted and disseminated to employees, contractors
and subrecipients,stakeholders,and the general public. Public dissemination efforts may vary depending
on factors present, but will generally include: posting public statements setting forth our
nondiscrimination policy in eye-catching designs and locations; placing brochures in public places, such
as government offices, transit facilities, and libraries; having nondiscrimination language within
contracts; including nondiscrimination notices in meeting announcements and handouts; and displaying
our Notice of Nondiscrimination at all our public meetings.
At a minimum, nondiscrimination information will be disseminated on our website and on posters in
conspicuous areas at our office(s). Project-related information and our most current Title VI-related
information will be maintained online.
41
D. Meetings and Outreach
There is no one-size-fits-all approach to public involvement. A variety of comprehensive and targeted
public participation methods will be used to facilitate meaningful public involvement. Methods for
engaging stakeholders and target audiences, including traditionally underserved and excluded
populations (i.e., minorities, youth, low-income, the disabled, etc.) will include the following:
Public Relations and Outreach
Public relations and outreach (PRO) strategies aim to conduct well-planned, inclusive and meaningful
public participation events that foster good relations and mutual trust through shared decision-making
with the communities we serve.
• We will seek out and facilitate the involvement of those potentially affected.
• Public events will aim to be collaborative, fun, and educational for all, rather than confrontational
and prescriptive.
• Media plans will typically involve multiple channels of communication like mailings, radio, TV, and
newspaper ads.
• Abstract objectives will be avoided in meeting announcements.Specific"attention-grabbing" reasons
to attend will be used, such as "Help us figure out how to relieve congestion on [corridor name]" or
"How much should it cost to ride the bus? Let us know on [date]."
• Efforts will be made to show how the input of participants can, or did, influence final decisions.
• We will do our best to form decision-making committees that look like and relate to the populations
we serve.
• We will seek out and identify community contacts and partner with local community-and faith-based
organizations that can represent, and help us disseminate information to, target constituencies.
• Demographic data will be requested during public meetings, surveys, and from community contacts
and committee members.
Public Meetings
"Public meeting" refers to any meeting open to the public, such as hearings, charrettes, open house and
board meetings.
• Public meetings will be conducted at times,locations,and facilities that are convenient and accessible.
• Meeting materials will be available in a variety of predetermined formats to serve diverse audiences.
• An assortment of advertising means may be employed to inform the community of public meetings.
• Assistance to persons with disabilities or limited English proficiency will be provided, as required.
Small Group Meetings
A small group meeting is a targeted measure where a meeting is held with a specific group, usually at
their request or consent.These are often closed meetings, as they will typically occur on private property
at the owner's request.
• If it is determined that a targeted group has not been afforded adequate opportunities to participate,
the group will be contacted to inquire about possible participation methods, including a group
meeting with them individually.
• Unless unusual circumstances or safety concerns exist, hold the meeting at a location of the target
group's choosing.
• Share facilitation duties or relinquish them to members of the target group.
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• Small group discussion formats may be integrated into larger group public meetings and workshops.
When this occurs, the smaller groups will be as diverse as the participants in the room.
Community Surveying
• Opinion surveys will occasionally be used to obtain input from targeted groups or the general public
on their transportation needs, the quality or costs of our services, and feedback on our public
outreach efforts.
• Surveys may be conducted via telephone, door-to-door canvassing, at community fairs, by placing
drop boxes in ideal locations, or with assistance from other local agencies like social services.
• Surveys will be translated into languages other than English, when appropriate.
Limited English Proficiency
Limited English Proficient (LEP) persons are individuals for whom English is not their primary language
and who have a limited ability to read, write, speak, or understand English.These individuals reported to
the U.S. Census Bureau that they speak English less than very well. To comply with USDOT's LEP Policy
Guidance and Executive Order 13166, this section of our Title VI Plan outlines the steps we will take to
ensure meaningful access by LEP persons to all benefits, services and information provided under our
programs and activities. A four-factor analysis was conducted to determine the LEP language groups
present in our planning area and the specific language services that are needed.
amour Factor Analysis
This Four Factor Analysis is an individualized assessment that balances the following four factors:
1. The number or proportion of LEP persons eligible to be served or likely to be encountered by a
program, activity, or service of the recipient or grantee;
2. The frequency with which LEP individuals come in contact with the program;
3. The nature and importance of the program, activity, or service provided by the recipient to people's
lives; and
4. The resources available to the recipient and costs.
Factor#1: The number or proportion of LEP persons eligible to be served or likely to be encountered by the program,
activity,or service of the recipient.
Orange County, North Carolina
Estimate Margin of Error
Total: 129,155 +1-61
Speak only English 108,562 +1-854
Spanish or Spanish Creole: 9,392 +;-461
Speak English"very well' 4,604 +1-599
Speak English less than "very well" 4,788 +;-644
French(incl. Patois, Cajun): 889 +1-270
Speak English"veer well' 760 +f-266
Speak English less than "very well' 129 +1-69
This Title VI update requires that OCTS recognize the sub-populations of languages that have either more
than 5 % or 1,000 people that speak English less than "very well" including numbers in the Margin of
Error. In the OCTS service area, the largest language subpopulation within the LEP population was that
of Spanish speakers who speak English less than "very well." Referencing estimates from the 2015 5-year
American Community Survey (ACS), our area has a total of 129,155 people. There are 9,932 Spanish
speakers, of whom 4,788 speak English less than "very well", or just over 3% of the total population.
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Factor#2: The frequency with which LEP individuals come in contact with the program.
OCTS assesses the frequency at which staff has or could possibly have contact with LEP persons. This
includes documenting phone inquiries and surveying public meeting attendees. No previous LEP
requests have been received thus far. Documentation of LEP requests will be done annually upon
implementation of the LEP plan. OCTS transit operators also provide outreach to the Spanish population.
OCTS provides Spanish translation for public meetings and outreach materials. Arrangements are made
to provide translation when requested.
Factor#3:The nature and importance of the program,activity,or service provided by the recipient to people's lives.
Orange County is a growing region within the Triangle.OCPT recognizes that public outreach to all groups
within the community is important and will continue to reach out to persons with limited English
proficiencies. OCPT critical service to LEP is scheduling transit services from the general public and the
agency contracts through Department of Social Services and other human service agencies within
Orange County. Mobility for all Orange County residents is the driving force behind OCPT. This mobility
allows access to medical services, employment, education, human service agencies, recreational
activities, etc. there by improving the quality of life for Orange County residents. Other forms of
transportation are available in Orange County. Taxi services local to the area are available but and do
not have ADA accessible vehicles. Most often these services are also cost prohibitive to those seeking
affordable transportation. Chapel Hill Transit provides a fixed route service in the City limits of Chapel
Hill but that service is only available to those who live in that specific service area.
Factor#4:The resources available to the recipient and costs.
OCTS (OCPT)will provide translation of materials for all information regarding our services through third
party translators at a cost of$12 center per word or $40.00 an hour for in-person translation. OCPT will
also work with community based organization such as the Family Success Alliance that helps at risk
families and families that speak limited English. Additionally, we will work with Orange County's Human
Rights and Relations department to decimate information to the limited English speaking populations
within Orange County.
Language Assistance Measures
The following general language assistance measures are reasonable and achievable for our organization
at this time:
o Translating public notices posted in the local paper and at stations, stops, and in vehicles into any
languages that meet the safe harbor threshold in Factor 1.
o Vital documents—such as brochures with service times and routes—are translated into Spanish
across the entire service area, and available in our facilities, doctor's offices and shopping centers.
o Making a concerted effort to inform LEP persons of available language assistance via staff,
broadcast media, relationship-building with organizations, and our website.
o Posting vital bulletin board information and disseminating community surveys in various languages.
o Providing translation and interpretive services when appropriate (upon request or predetermined)
at meetings.
o Determining how best to take public involvement to LEP groups directly, including through small
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group meetings.
o Language line translation services at our call center.
o Where possible, utilizing or hiring staff who speak a language other than English and can provide
competent language assistance. We will not ask community-based organizations (CBO) to provide,
or serve as, interpreters at our meetings. Relying upon CBOs in that capacity could raise ethical
concerns. If a CBO decides (on its own) to translate any materials for its constituents, or bring
interpreters it trusts to our meetings, we will not object. That is their right.
o Using language identification flashcards to determine appropriate services.
o Establishing a process to obtain feedback on our language assistance measures.
Specific Measures by Language Group:
o Spanish :OCTS will utilize paid interpreter, qualified bilingual employees, and qualified employees
of other agencies
o Chinese: OCTS will utilize paid interpreter, qualified bilingual employees, and qualified employees of
other agencies
o Korean: OCTS will utilize paid interpreter, qualified bilingual employees, and qualified employees of
other agencies
Written Translation and Oral Interpretation
Vital documents will be translated for each eligible LEP language group in our service area that
constitutes 5% or 1,000, whichever is less, of the population of persons eligible to be served or likely to
be encountered. Translated materials will be placed online and in appropriate public (or private) places
accessible to LEP persons.The safe harbor provisions apply to the translation of written documents only,
and do not affect the requirement to provide meaningful access to LEP individuals through competent
oral interpreters where oral language services are needed and are reasonable. When appropriate,
translation of any document will be communicated orally in the appropriate language.
In the event that the 5%trigger is reached for a LEP language group that is fewer than 50 persons,written
notice will be provided in the primary language of that group of the right to receive competent oral
interpretation of vital written materials, free of cost. The most effective method of notice, which could
be an ad in the local newspaper or other publication, a radio commercial, or door hangers, will be
determined in consideration of the circumstances on the ground and in coordination with LEP
community contacts.
Staff Support for Language Assistance
o Agency staff will be provided a list of referral resources that can assist LEP persons with written
translation and oral interpretation, including the Title VI Officer and any outside consultant
contracted to provide language services. This list will be updated as needed to remain current.
o All main offices and vehicles will have on hand a supply of language assistance flashcards and
materials translated into the languages of the largest LEP language groups. When encountered by
an LEP person, staff(including drivers) should present the individual with an iSpeak flashcard and
let them choose the language. Do not assume you know their preferred language. Drivers are
permitted to seek volunteer assistance from other passengers before contacting a referral
resource. Document the encounter and report it to the Title VI Coordinator.
o Training: All employees will be instructed on our procedures for providing timely and reasonable
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assistance to LEP persons. New employee orientation will also explain these procedures to new
hires. Staff routinely encountering LEP persons by telephone or in person will receive annual
refresher training. All other employees will be reminded of LEP through annual Title VI program
acknowledgements (Section 5.0) and basic Title VI trainings (Section 11.0).
Protect-Specific LEP Outreach
A project-specific four factor analysis will be conducted for any project or outreach event limited to a
specific geographical area (i.e., the project study area or outreach area, respectively). Language
assistance will be provided in accordance with the measures already outlined, including translating
written materials for each LEP language group that is 5% or 1,000, whichever is less, of the project or
outreach area population.
Monitoring and Updating the LAP
Monitoring of daily interactions with LEP persons will be continuous,thus language assistance techniques
may be refined at any time. This Plan will be periodically reviewed—at least annually—to determine if
our assistance measures and staff training are working. Resource availability and feedback from agency
staff and the general public will be factors in the evaluation and any proposed updates. Among other
practices, this process will include working with LEP community contacts to determine if our employees
are responding appropriately to requests made with limited English or in languages other than English,
and observing how agency staff responds to requests, including observing drivers or surveying riders.To
the best of our ability, we will attempt to never eliminate a successful existing LEP service. Significant
LEP program revisions will be approved or adopted by our board or designated official and dated
accordingly. LEP data and procedures will be reviewed and updated at least once every three years.
Demographic Request
The following form was used to collect required data on Key Community Contacts and nonelected
committee members. OCTS is required by Title VI of the Civil Rights Act of 1964 and related authorities
to record demographic information on members of its boards and committees. Please provide the
following information:
RacelEthnicity: National origin: (if born outside the U.S.)
❑White ❑Mexican
❑Black/AfricanAmerican ❑Central American:
❑Asian ❑South American-
❑American IndiauJAlaskau Native ❑Puerto Rican
❑Native Hawaiian/Pacific Islander ❑Chinese
❑Hispanic/Latino ❑Vietnamese
Other(please specify): Korean
Other(please specify):
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Gender: ❑ Male female Age.
❑Less than 18 ❑45-64
❑18-29 ❑ s and older
Disability: ❑ Yes❑No
❑30-44
I choose not to provide any of the information requested above: ❑
Completed forms will remain on file as part of the public record. For more information regarding Title VI
or this request, please contact the OCTS at 919-245-2008 or by email at
octransportationservices@orangecountync.gov.
Please sign below acknowledging that you have completed this form. Thank you for your participation!
Name(print):
Signature:
G. Key Community Contacts
Contact Name Community Name Interest or Affiliation Also a
Committee
Member?
(Y/N)
Shannan Barnes Orange County Family Success Alliance N
Marlyn Valeiko Orange County LEP Specialist/Outreach N
Contact information for key community contacts is not public information and is maintained outside of
this document. Any staff member who wishes to contact any individual listed above must request that
information from the Title VI Coordinator.
H. Summary of Outreach Efforts
The following format is used to document URTS outreach efforts in reports to NCDOT. All meetings and
disseminations of information capture information for the table below:
Meeting Date Meeting Time Meeting Purpose Target Audience Information Disseminated
9/19/2020 11am Transit Services in General Public Brochures,Bus Rider 101, Bike on
Orange County Bus
Information
9/20/2020 11am Transit Services in General Public Brochures, Bus Rider 101, Bike on
Orange County Bus
Information
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Implementation
o Forms will be completed prior to NCDOT Title VI reviews and remain on file forth ree years.
o All new and existing members of appointed decision-making boards or committees will be
required to complete this form for reporting purposes.
o If a member, for whatever reason, selects "I choose not to provide any of the information
requested above,"this will be accepted as a completed form.
o If a member chooses not to provide any of the information on the form, the Title VI Coordinator
will be permitted to indicate that member's race and gender, based on the Coordinator's best
guess.
o Data from these forms will be used to complete the Demographic Request Table.
o Once a new member submits this form, the Demographic Request Table for the associated
committee will be updated.
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X. STAFF TRAINING
All employees will receive basic Title VI training at least once every three years. New hires will receive
this training within 15 days of their start date. Basic training will cover all sections of this Plan and our
overall Title VI obligations. Staff may receive specialized training on how Title VI applies to their specific
work areas. Those who routinely encounter the public, such as office personnel, call center staff, and
vehicle drivers, will receive annual refresher training.Trainings will be provided or organized by the Title
VI Coordinator and will often coincide with updates to our nondiscrimination policies and procedures.
Records of staff trainings, such as agendas, sign-in sheets, copies of calendars, and certificates, will
remain on file for at least three years (and in personnel files).
XI. NONELECTED BOARDS AND COMMITTEES - BY RACE AND GENDER
The table below depicts race and gender compositions for each of our nonelected (appointed) decision-
making bodies. Member names and full demographics for each committee are available, upon request.
Male% Female Caucasian African Asian Native Other% Hispanic
Body % % American American American
Orange Unified 34% 66% 79% 16% 5%
Transportation Board(Transit
Advisory Board)
Strategies for Representative Committees
Diversification goals will be provided to our nonelected boards and committees to help ensure that their
membership mirrors our service area demographics, as adequately as possible. We will provide periodic
updates on our outreach efforts at meetings. When there is an opening on a board or committee,we will
ensure the following:
o Current members will be made aware of diversity goals and polled for nominees.
o Officials from local minority groups will be made aware of the diversity goals and polled for nominees.
o Key Contacts from LEP groups will be contacted and polled for nominees.
o A recruitment notice for a Board Member opening will be posted on our website.
o An advertisement of recruitment notice for a Board Member will be placed with the local newspaper
and other publications popular with minorities and other protected groups.
XII. RECORD-KEEPING AND REPORTS
As a subrecipient of FTA funds through NCDOT, we are required to submit a Title VI Program update to
NCDOT every three years, on a schedule determined by NCDOT. Records will be kept to document
compliance with the requirements of the Title VI Program. Unless otherwise specified, Title VI-related
records shall be retained indefinitely. These records will made available for inspection by authorized
officials of the NCDOT and/or FTA. Reports on Title VI-related activities and progress to address findings
identified during Title VI compliance reviews may also be provided, upon request. It will occasionally be
necessary to update this Title VI Plan or any of its components (e.g., complaints, Public Involvement, and
LEP). Updates will be submitted to NCDOT for review and approval and adopted by our Board when
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required.
In addition to items documented throughout this Plan, records and reports due at the time of compliance
reviews or investigations may include:
Compliance Reviews
• Title VI Program Plan
• List of civil rights trainings provided or received
• Summaries from anyinternal reviews conducted
• Ads and notices for specific meetings
• Findings from reviews by any other external agencies
• Title VI equity analyses and EJ assessments
• Discrimination Complaints Log
Complaint Investigations
• Investigative Reports
• Discrimination complaint, as filed
• List of interviewees (names and affiliations)
• Supporting Documentation (e.g., requested items, photos taken, dates and methods of contact, etc.)
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XIII. TRANSIT PROVIDERS
OCTS provides multiple fixed route services in accordance with Chapter IV of FTA Circular 4702.113.
Details of OCTS fixed route services are provided below.
Service Standards
Vehicle load
All fixed route vehicles accommodate 17 people, including driver.
Vehicle headway
All fixed route services are between 30 and 45 minute headway, with plans to reduce to 15 and 30
minutes.
On time performance
OCTS monitors public transit driver's pick-up and delivery through Ecolane software. Drivers with 95%
or higher on-time performance are recognized for great customer service.
Service availability
OCTS currently operations three fixed routes:
• Hillsborough Circulator
• Orange-Chapel Hill Connector
• Orange-Alamance Connector
B. Service Policies
Transit Amenities for each mode
All OCTS vehicles have ADA accommodations with wheel chair lifts. Some vehicles have bicycle racks.
Vehicle Assignment for each mode
Drivers are assigned vehicles as they are programed by the Transit Operations Manager and Dispatcher.
Each driver is provided opportunity to choose their route on an annual bases, not the vehicle.
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Appendix A - Language Access Plan
Title: Title VI of the Civil Rights Act of 1964; Policy on the Prohibition Against National Origin
Discrimination as it Affects Persons with Limited English Proficiency
Authority: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et. seq.
Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d et. seq. 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."
Regulations implementing Title VI, provide in part at 45 C.F.R. Section 80.3 (b):
(1) A recipient under any program to which this part applies may not, directly or through contractual or
other arrangements, on ground of race, or color, or national origin:
(i) Deny an individual any service, financial aid, or other benefit provided under the program:
(ii) Provide any service,financial aid,or other benefit to an individual which is different, or is provided
in a different manner, from that provided to others in the program;
(2) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which
will be provided under any such program or the class of individuals to whom, or the situations in which
such services, financial aid or other benefits, or facilities will be provided... may not directly, or through
contractual or other arrangements, utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination, because of their race, color or national origin, or have the effect
of defeating or substantially impairing accomplishments of the objectives of the program with respect to
individuals of a particular race, color, or national origin."
Purpose
The purpose of this Policy is to ensure compliance with Title VI of the Civil Rights Act of 1964, and other
applicable federal and state laws and their implementing regulations with respect to persons with limited
English proficiency (LEP). Title VI of the Civil Rights Act of 1964 prohibits discrimination based on the
ground of race,color or national origin by any entity receiving federal financial assistance. Administrative
methods or procedures, which have the effect of subjecting individuals to discrimination or defeating
the objectives of these regulations, are prohibited.
In order to avoid discrimination on the grounds of national origin, all programs or activities administered
by the OCTS must take adequate steps to ensure that their policies and procedures do not deny or have
the effect of denying LEP individuals with equal access to benefits and services for which such persons
qualify. This Policy defines the responsibilities the agency has to ensure LEP individuals can communicate
effectively.
Scope of Policy
These requirements will apply to the OCTS including subcontractors, vendors, and subrecipients. The
agency will ensure that LEP individuals are provided meaningful access to benefits and services provided
through contractors or service providers receiving subgrants from the agency.
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Definitions
1. Limited English Proficient (LEP) individual—Any prospective, potential, or actual recipient of benefits
or services from the agency who cannot speak, read, write or understand the English language at a
level that permits them to interact effectively with health care providers and social service agencies.
2. Vital Documents —These forms include, but are not limited to, applications, consent forms, letters
containing important information regarding participation in a program; notices pertaining to the
reduction, denial, or termination of services or benefits, the right to appeal such actions, or that
require a response from beneficiary notices advising LEP persons of the availability of free language
assistance, and other outreach materials.
3. Title VI Compliance Officer: The person or persons responsible for compliance with the Title VI LEP
policies.
4. Substantial number of LEP: 5% or 1,000 people, whichever is smaller, are potential applicants or
recipients of the agency and speak a primary language other than English and have limited English
proficiency.
Providing Notice to LEP Individuals
1. The agency will take appropriate steps to inform all applicants, recipients, community organizations,
and other interested persons, including those whose primary language is other than English, of the
provisions of this policy. Such notification will also identify the name, office telephone number, and
office address of the Title VI compliance officer(s). The agency will notify the DHHS compliance
attorney of changes in name or contact information for the Title VI compliance officer.
Nishith Trivedi, Transportation Director
600 NC Highway 86 North
Hillsborough, NC 27278
919-245-2002
2. The agency will post and maintain signs in regularly encountered languages other than English in
waiting rooms, reception areas and other initial points of contact. These signs will inform applicants
and beneficiaries of their right to free language assistance services and invite them to identify
themselves as persons needing such services.
3. Identify areas within the agency where these signs will be posted:
4. Signage will be posted at the OCTS's Entry way/ lobby and breakroom.
5. The agency will include statements of the right to free language assistance in Spanish and other
significant languages in all outreach material that is routinely disseminated to the public (including
electronic text).
6. The agency will also disseminate information in the following manner:
7. Contacting translators for the all public outreach events and printing material.
Provision of Services to LEP Applicants/Recipients
Assessing Linguistic Needs of Potential Applicants and Recipients
1. The agency will assess the language needs of the population to be served, by identifying:
a. The language needs of each LEP applicant/recipient
b. The points of contact where language assistance is needed;
c. The resources needed to provide effective language assistance, including location, availability and
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arrangements necessary for timely use.
2. Determining the Language Needs of the Population to be served. The agency is responsible for
assessing the needs of the population to be served. Such assessment will include, but not be limited
to the following:
a. The non-English languages that are likely to be encountered in its program will be identified.
b. An estimate of the number of people in the community for who English is not the primary
language used for communication will be completed and updated annually. To identify the
languages and number of LEP individual's local entities should review:
• Census data
• School system data
• Reports from federal, state, and local governments
• Community agencies' information, and
• Data from client files
c. The points of contact in the program or activity where language assistance is likely to be needed
will be identified.
3. Determining the Language Needs of Each Applicant/Recipient. The agency will determine the
language needs of each applicant/recipient. Such assessment will include, but not be limited to the
following:
a. At the first point of contact, each applicant/recipient will be assessed to determine the
individual's primary language. Check all methods that will be used:
o Multi-language identification cards, a poster-size language list, or the use of "I speak" peel-
off language identification cards for indicating preferred languages
o English proficiency assessment tools, provided they can be administered in a manner that is
sensitive to and respectful of individual dignity and privacy.
o Other
b. If the LEP person does not speak or read any of these languages,the agency will use a telephone
interpreting service to identify the client's primary language
c. Staff will not solely rely on their own assessment of the applicant or recipient's English proficiency
in determining the need for an interpreter. If an individual requests an interpreter, an interpreter
will be provided free of charge. A declaration of the client will be used to establish the client's
primary language.
d. When staff place or receive a telephone call and cannot determine what language the other
person on the line is speaking, a telephone interpreting service will be utilized in making the
determination.
e. If any applicant/recipient is assessed as LEP, they will be informed of interpreter availability and
their right to have a language interpreter at no cost to them with a notice in writing in the
languages identified in Section C. Provisions of Written Translations.
4. Provision of Bilingual/Interpretive Services
a. The agency will ensure that effective bilingual/interpretive services are provided to serve the needs
of the non-English speaking population. The provision of bilingual/interpretive services will be
prompt without undue delays. In most circumstances,this requires language services to be available
during all operating hours.
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This requirement will be met by: OCTS will utilize paid interpreter, qualified bilingual employees, and
qualified employees of other agencies. (Describe whether the agency has bilingual staff, and if so,
how many and in what Sections/Programs/Divisions, whether the agency uses contractual services to
meet this requirement, whether the agency relies on telephone interpreter services, etc.)
b. The agency will provide language assistance at all level of interaction with LEP individuals, including
telephone interactions. Describe how this requirement will be met: OCTS will utilize paid interpreters,
qualified bilingual employees, and qualified employees of other agencies. The agency may use paid
interpreters, qualified bilingual employees, qualified employees of other agencies or community
resources.Telephone interpreter services should only be utilized as a back-up system or where other
language assistance options are unavailable.
c. Interpreter Standards
a. Those providing bilingual/interpretive services will meet the linguistic and cultural competency
standards set forth below. The agency will ensure that interpreters and self- identified bilingual
staff, have first been screened to ensure that the following standards are met before being used
for interpreter services:
o Can fluently and effectively communicate in both English and the primary language of the
LEP individual
o Can accurately and impartially interpret to and from such languages and English
o Has a basic knowledge of specialized terms and concepts used frequently in the provision
of the agency's services
o Demonstrates cultural competency
o Understands the obligation to maintain confidently
o Understands the roles of interpreters and the ethics associated with being an interpreter
OCTS utilizes the services of the Orange County Human Rights and Relations.Additionally,the County
contracts with translators for both in-person services and print materials. When staff members have
reason to believe that an interpreter is not qualified or properly trained to serve as an interpreter,
the staff member will request another interpreter.
A. Using Family Members or Friends as Interpreters
a. Applicants/recipients may provide their own interpreter; however the agency will not
require them to do so.
b. The agency will first inform an LEP person, in the primary language of the LEP person, of
the right to free interpreter services and the potential problems for ineffective
communication. If the LEP person declines such services and requests the use of a family
member or friend, the agency may utilize the family member or friend to interpret only if
the use of such person would not compromise the effectiveness or services or violate the
LEP person's confidentiality. The agency will monitor these interactions and again offer
interpreter services, if it appears there are problems with this arrangement.
C. The agency will indicate in the LEP individual's file that an offer of interpreter services was
made and rejected; that the individual was informed of potential problems associated
with using friends or family members and the name of the person serving as an
interpreter at the LEP individual's request.
d. Only under extenuating circumstances shall the agency allow a minor (under the age of
18 years) to temporarily act as an interpreter. The agency will keep a written record of
when it has used a minor as an interpreter, and this information will be shared with the
DHHS upon request.
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B. The agency will not require the applicant/recipient to pay for bilingual/interpretive services
1. Use of Interpreters at Hearings
a. An interpreter will be provided for all hearings if a party requests an interpreter or
if the Hearing Officer determines that an interpreter is necessary.
b. A separate oath or affirmation to translate accurately shall be administered to all
interpreters.
C. Provision of Written Translations
1. The agency must provide written materials in languages other than English where a
substantial number or percentage of the population eligible to be served or likely to be
directly affected by the program needs services or information in a language other than
English to communicate effectively.
2. Translation of Vital Documents
a. The agency will ensure that vital documents for locally designed programs are
translated into Spanish.
b. When state DHHS forms and other written material contain spaces in which the local
entity is to insert information, this inserted information will also be in the individual's
primary language. When such forms are completed by applicants/recipients in their
primary language, the information must be accepted.
c. If, as a result of the local language assessment, it appears there are a substantial
number of potential applicants or recipients of the agency (defined as 5% or 1,000
people whichever is less) who are LEP and speak a language other than Spanish, the
agency will translate and provide vital documents in the appropriate language. (We
prefer counties do not translate DHHS forms. Please notify DHHS and DHHS will
translate or verify county translation)
d. The agency will keep a record of all vital documents translated, and will submit this
information to DHHS at their request.
3. If the primary language of an LEP applicant or recipient is a language other than Spanish
AND the language does not meet the threshold for translation as defined in the preceding
paragraph, the LEP individual will be informed in their own language of the right to oral
translation of written notices. The notification will include, in the primary language of the
applicant/recipient,the following language: IMPORTANT: IF YOU NEED HELP IN READING
THIS, ASK THE AGENCY FOR AN INTERPRETER TO HELP. AN INTERPRETER IS AVAILABLE
FREE OF CHARGE.
D. Documentation of Applicant/Recipient Case Records
1. The agency will maintain case record documentation in sufficient detail to permit a
reviewer to determine the agency's compliance with this policy.
2. The agency will ensure that case record documentation, including computerized records
if appropriate, identifies the applicants/recipient's ethnic origin and primary language. In
those cases where the applicant/recipient is non-English speaking, the agency will:
a. Document the individual's acceptance or refusal of forms or other written
materials offered in the individual's primary language. Document the method
used to provide bilingual services, e.g., assigned worker is bilingual, other bilingual
employee acted as interpreter, volunteer interpreter was used, or client provided
interpreter. When a minor is used as interpreter, the agency will document the
circumstances requiring temporary use of a minor and will provide this
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information to NC DHHS upon request.
3. Consent for the release of information will be obtained from applicants/recipients when
individuals other than agency employees are used as interpreters and the case record will
be so documented.
E. Staff Development and Training
1. The agency will provide staff training at new employee orientation and continuing training
programs. The training will include, but not be limited to:
a. Language assistance policies and procedures, resources available to support such
procedures, methods of effective use of interpreters, and familiarization with the
discrimination complaint process.
b. Cultural awareness information, including specific cultural characteristics of the
groups served by the agency to provide a better understanding of, and sensitivity
to, the various cultural groups to ensure equal delivery of services.
2. The agency will provide or ensure training is provided for bilingual staff and interpreters
employed or utilized by the agency. This includes the ethics of interpreting, including
confidentiality; methods of interpreting; orientation to the organization; specialized
terminology used by the agency; and cultural competency.
3. The agency will ensure that applicable grantees, contractors, cooperative agreement
recipients and other entities receiving state or federal dollars are trained in the
requirements of this policy. Describe how this provision will be met: OCTS will utilize paid
interpreters, qualified bilingual employees, qualified employees of other agencies
4. The agency will collect and maintain the following information about training provided to
staff: the date(s) of such training, the content of such training, the number and types of
credit hours awarded; and the names and identifying information of each attendee at the
training. The agency will ensure that grantees, contractors, cooperative agreement
recipients and other applicable funded entities collect and maintain such information as
well.
Compliance Procedures, Reporting and Monitoring
1. Reporting
a. The agency will complete an annual compliance report and send this report to the
appropriate agency within the Department. (Format will be supplied by DHHS)
2. Monitoring
a. The agency will complete a self-monitoring report on a quarterly basis, using a
standardized reporting system providing by the Department. These reports will be
maintained and stored by the Title VI compliance officer and will be provided to the
Department upon request.
b. The agency will cooperate, when requested, with special review by the Department.
Applicant/Recipient Complaints of Discriminatory Treatment
1. Complaints
a. The agency will provide assistance to LEP individuals who do not speak or write in English
if they indicate that they would like to file a complaint. A complaint will be filed in writing,
contain the name and address of the person filing it or his/her designee and briefly
describe the alleged violation of this policy.
b. The agency will maintain records of any complaints filed, the date of filing, actions taken
57
and resolution.
c. The agency will notify the appropriate agency or Division within DHHS of complaints filed
the date of filing, actions taken and resolution. This information will be provided within
30 days of resolution.
2. Investigation
a. The Title VI compliance officer will conduct an investigation of the allegations of the
complaint. The investigation will afford all interested persons and their representatives,
if any, an opportunity to submit evidence relevant to the complaint.
b. The investigation will not exceed 30 days, absent a 15-day extension for extenuating
circumstances.
3. Resolution of Matters
a. If the investigation indicates a failure to comply with the Act, the agency Director or
his/her designee will so inform the recipient and the matter will be resolved by informal
means whenever possible within 60 days.
b. If the matter cannot be resolved by informal means, then the individual will be informed
of his or her right to appeal further to the Office of General Counsel within DHHS. This
notice will be provided in the primary language of the individual with Limited English
Proficiency.
4. If not resolved by DHHS, then complaint will be forwarded to OCR, USDHHS, and Region IV.
Submitted
Transportation Director
Date:
58
Appendix B - Nondiscrimination Authorities
During the implementation of this Title VI Program, the organization, for itself, its assignees and
successors in interest, is reminded that it has agreed to comply with the following non-discrimination
statutes and authorities, including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of
race,color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601),(prohibits unfair
treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and
projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C.§794 et seq.), as amended,(prohibits discrimination on the basis
of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975,as amended,(42 U.S.C. §6101 etseq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,coverage and applicability of Title VI of the
Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding
the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors,whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities(42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.P.R.parts
37 and 38;
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in
education programs or activities(20 U.S.C. 1681 et seq).
• Title VII of the Civil Rights Act of 1964(42 U.S.C. §2000e et seq., Pub. L.88-352),(prohibits employment discrimination on
the basis of race,color,creed (religion),sex,or national origin);
• 49 CFR Part 26, regulation to ensure nondiscrimination in the award and administration of DOT-assisted contracts in the
Department's highway,transit,and airport financial assistance programs;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations,which ensures discrimination against minority populations by discouraging programs,policies,and activities
with disproportionately high and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency
guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs(70 Fed. Reg.at 74087 to 74100);
• Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex);
• Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 4 7123), as amended, (prohibits discrimination
based on race,creed (religion),color, national origin,or sex);
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on
the basis of race,color, national origin, and sex);
• Federal transit laws,specifically 49 U.S.C. §5332(prohibiting discrimination based on race,color, religion, national
origin,sex(including gender identity), disability,age, employment,or business opportunity).
59
Appendix C - Organizational Chart
• Title VI Coordinator
Transportation
Services Director
Office Assistant II
Transportation Transportation Administrative Transit Operations
Administrator Services Manager TDM Coordinator Support If Manager 0
Mobile Dental Transportation
Senior Auto Clinic Operator(0.5 Operations
Mechanic reimbursed by Supervisor
Health }
Auto Mechanic(3 Public
1=TE) Transportation
Driver(18 FTE)
Transit Dispatch
Supervisor
60
Appendix D -NCDOT's Compliance Review Checklist for Transit
I. Program Administration(General Requirements)
Requirement:FTA C 4702.18—Title VI Requirements and Guidelines for FTA Recipients,Chapter III—General Requirements and Guidelines.
Note:Every NCDOT subrecipient receiving any of the FTA Formula Grants listed above must complete this section.
Requested Items
(Please attach electronic documents(.pdf,.doc,etc.)or provide links to online versions) Completed
1. A copy of the recipient's signed NCDOT's Title VI Nondiscrimination Agreement ❑
2. Title VI Policy Statement (signed) ❑
3. Title VI Notice to the Public, including a list of locations where the notice is posted ❑
4. Type the name and title of your Title VI Coordinator and attach a list of their Title VI duties ❑
Name/Title:
5. Title VI Complaint Procedures (i.e., instructions to the public regarding how to file a Title VI ❑
discrimination complaint)
6. Title VI Complaint Form ❑
7. List of transit-related Title VI investigations, complaints, and lawsuits (i.e., discrimination ❑
complaints log)
8. Public Participation Plan, including information about outreach methods to engage traditionally
underserved constituencies (e.g., minorities, limited English proficient populations (LEP), low- ❑
income, disabled),as well as a summary of outreach efforts made since the last Title VI Program
submission
9. Language Assistance Plan for providing language assistance to persons with limited English
proficiency(LEP), based on the DOT LEP Guidance,which requires conducting four-factor analyses ❑
10. A table depicting the membership of non-elected committees and councils, the membership of
which is selected by the recipient, broken down by race, and a description of the process the ❑
agency uses to encourage the participation of minorities on such committees
11. A copy of board meeting minutes, resolution, or other appropriate documentation showing the
board of directors or appropriate governing entity or official(s) responsible for policy decisions ❑
reviewed and approved the Title VI Program
12. A description of the procedures the agency uses to ensure nondiscriminatory administration of ❑
programs and services
13. If you pass through FTA funds to other organizations, include a description of how you
monitor your subrecipients for compliance with Title VI, and a schedule for your subrecipients' ❑
Title VI Program submissions.
➢ No Subrecipients n
14. A Title VI equity analysis if you have constructed or conducted planning for a facility, such as a
vehicle storage facility, maintenance facility, operation center, etc. ❑
➢ No Facilities Planned or Constructed ❑
15. Copies of environmental justice assessments conducted for any construction projects during the
past three years and, if needed based on the results, a description of the program or other
measures used or planned to mitigate any identified adverse impact on the minority or low- ❑
income communities
➢ No Construction Projects
61
16. If the recipient has undergone a Title VI Compliance Review in the last 3 years, please indicate the ❑
year of the last review and who conducted it.Year/Agency:
II. Transit Providers
Requirement:FTA C 4702.18,Chapter IV—Requirements and Guidelines for Fixed Route Transit Providers.
Note:All NCDOT subrecipients that provide fixed route public transportation services(e.g., local, express or commuter bus;
bus rapid transit;commuter rail; passenger ferry) must complete this section.
➢ Not Applicable (Check this box if you do not provide fixed route services,and skip questions 17 and 18.This
section does not apply®you if you only provide demand response services.)
Requested Items
(Please attach electronic documents(.pdf,.doc,etc.)or provide links to online versions) Completed
17. Service standards (quantitative measures) developed for each specific fixed route mode that the
recipient provides (standards may vary by mode) must be submitted for each of the following
indicators:
• Vehicle load for each mode (Can be expressed as the ratio of passengers to the total number of seats on
a vehicle.For example,on a 40-seat bus,a vehicle load of 1.3 means all seats are filled and there are ❑
approximately 12 standees.)
• Vehicle headway for each mode (Measured in minutes(e.g.,every 15 minutes),headway refers to the
amount of time between two vehicles traveling in the some direction on a given line or combination of ❑
lines.A shorter headway corresponds to more frequent service.Service frequency is measured in vehicles
per hour(e.g.,4 buses per hour).)
• On time performance for each mode (Expressed as a percentage, this is a measure of runs completed
as scheduled. The recipient must define what is considered to be "on time."Performance can be measured ❑
against route origins and destinations only,or against origins and destinations as well as specified time
points along a route.)
• Service availability for each mode (Refers to a general measure of the distribution of routes within a
transit provider's service area,such as setting the maximum distance between bus stops or train stations,or ❑
requiring that a percentage of all residents in the service area be within a one-quarter mile walk of bus
service.)
18. Service policies(system-wide policies) adopted to ensure that service design and operations
practices do not result in discrimination on the basis of race, color or national origin, must be
submitted for each of the following:
• Transit amenities for each mode(e.g.,benches,shelters/canopies,printed materials,
escalators/elevators,and waste receptacles. NOTE:Attach this information only if you have decision- ❑
making authority over siting transit amenities or you set policies to determine the siting of amenities.)
• Vehicle assignment for each mode(Refers to the process by which transit vehicles are placed into
service throughout a system.Policies for vehicle assignment may be based on the type or age of the vehicle, ❑
where age would be a proxy for condition,or on the type of service offered.)
62
Attachment 2
ORANGE PUBLIC TRANSPORTATION SERVICES
Notice of Public Meeting, 30-Day Public Comment and Period Public Hearing
For the Title VI Plan Update
Orange County Transportation Service is a recipient of Federal Transit Administration
(FTA) funds from the North Carolina Department of Transportation (NCDOT). Orange
County Transportation Service establishes this Title VI Nondiscrimination Plan for the
purpose of complying with Title VI of the Civil Rights Act of 1964, as required by FTA
Circular 4702.113, and related requirements outlined within the FTA Certifications &
Assurances, "Nondiscrimination Assurance." This document details the nondiscrimination
program, policies, and practices administered by Orange County Transportation Service,
and will be updated periodically to incorporate changes and additional responsibilities as
they are made.
Presentation of the OCTS Title VI Plan Update and associated policies will be provided
at a public meeting held by OCTS staff Friday, November 11, 2022, from 5:00 to 6:00
pm in Orange County Transportation Services Administration Building, 600 NC 86,
Hillsborough, NC 27278. The public will have the opportunity to comment on the Title VI
Update.
The updated plan will be available for review on the OCTS website
(http://www.co.orange.nc.us/transportation/); in the administrative office located at 600
Highway 86 N, Hillsborough, NC, 27278 during the 30-day public comment period
starting Thursday, November 10, 2022, and ending Friday, December 9, 2022.
The Orange County Board of County Commissioners will consider action on the Title VI
Plan, Tuesday, December 13, 2022, at 7:OOpm at the Whitted Building located at 300 W.
Tryon St, Hillsborough, NC 27278, at which time public will be given additional
opportunity to comment on the Title VI Plan.
For further information on the plan or to submit comments, please contact Nishith Trivedi,
Orange County Transportation Services Interim Director at (919)245-2007 or email at
ntrivedi(aD-orangecountync.gov.