DRAFT Memorandum
Date December 5, 2013
TO Boston Region Metropolitan Planning Organization
FROM Karl H. Quackenbush
CTPS Executive Director
RE Work Program for: MassDOT Title VI Program: Development and Support
Review and approval
That the Boston Region Metropolitan Planning Organization, upon the recommendation of the Massachusetts Department of Transportation, vote to approve the work program for the Massachusetts Department of Transportation (MassDOT) Title VI Program: Development and Support presented in this memorandum.
Technical Support/Operations Analysis Projects
13154
Massachusetts Department of Transportation
Project Supervisor: John Lozada
Principal: Elizabeth M. Moore
Manager: Annette Demchur
Future MassDOT Administrative Services Contract
The MPO staff has sufficient resources to complete this work in a capable and timely manner. By undertaking this work, the MPO staff will neither delay the completion of nor reduce the quality of any work in the UPWP.
MassDOT, as a recipient of federal funds through both the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA), is required to comply with Title VI of the Civil Rights Act of 1964. Title VI requires that recipients of federal financial assistance demonstrate that they do not discriminate on the basis of race, color, and national origin, and by extension, limited English proficiency (LEP), in their programs, activities, and services. The Federal Highway Administration (FHWA) has extended the requirements of its Title VI/Nondiscrimination program to cover protections enacted through several additional laws, such as the Americans with Disabilities Act (ADA), and executive orders that prohibit discrimination on the basis of gender, age, income, and disability.
The US Department of Transportation’s Title VI regulations are codified in 49 CFR Part 21, which requires recipients to “keep such records and submit to the Secretary timely, complete, and accurate compliance reports at such times, and in such form and containing such information, as the Secretary may determine to be necessary to enable him to ascertain whether the recipient has complied or is complying with this part. In the case in which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this part. In general, recipients should have available for the Secretary racial and ethnic data showing the extent to which members of minority groups are beneficiaries of programs receiving Federal financial assistance.”
To this end, both FHWA and the FTA require MassDOT to develop and implement a Title VI program to ensure compliance with Title VI and to provide a report every three years detailing its efforts to comply with Title VI, including its efforts to monitor the compliance of its subrecipients. While both federal agencies require state DOTs to develop a Title VI program, engage in ongoing monitoring, and periodically report to those agencies, the specific requirements of the two agencies differ. The FTA prescribes their Title VI requirements in FTA C 4702.1B, and FHWA provides separate guidance on its requirements in the FHWA Title VI Handbook.
The Central Transportation Planning Staff (CTPS) has been working with MassDOT’s Office of Diversity and Civil Rights (ODCR) over the past few years to help MassDOT ensure that it is compliant with Title VI. This work has entailed the provision of technical assistance for the development and implementation of: two separate Title VI programs—one for the FHWA and one for the FTA; monitoring procedures; and reporting protocols. Both of MassDOT’s Title VI programs were approved by the respective federal agency. MassDOT has requested that CTPS continue to provide technical assistance as MassDOT refines and implements both of its Title VI programs and prepares its triennial report for the FTA.
The primary objective of this project is to provide support to MassDOT in the continuing development and implementation of both its FHWA and FTA Title VI programs, ensuring that they are fully compliant with the respective monitoring and reporting requirements, responsive to deficiencies identified by the FHWA and FTA, and consistent with MassDOT’s mission, objectives, and organizational culture. To do so, the following elements have been identified for this work scope:
The specific tasks that CTPS may undertake include the following:
The FTA requires MassDOT to document its compliance with Title VI by submitting a Title VI program once every three years. CTPS assisted MassDOT in its last program submittal, in 2011. Since that time, the FTA has provided revised guidance in FTA Circular 4702.1B, dated October 1, 2012. This circular sets forth new general reporting requirements for all FTA recipients and a specific set of reporting requirements for states. CTPS will assist MassDOT in meeting the requirements of the new circular for its 2014 Title VI Program submittal to the FTA.
CTPS will assist in data collection and analysis efforts, and documentation of policies and procedures to demonstrate MassDOT’s compliance with Title VI. The MassDOT Office of Diversity and Civil Rights and other MassDOT staff members will be proactively involved with CTPS in this effort.
The FTA’s Title VI Circular includes a number of general reporting requirements. These include:
CTPS will assist MassDOT with the documentation related to these general reporting requirements.
In addition to the general reporting requirements, FTA Circular 4702.1B requires that states provide the following information:
CTPS will provide technical assistance to MassDOT in preparing the appropriate analyses and maps, and in documenting the state’s relevant policies and procedures.
Documentation of reporting requirements
CTPS will support MassDOT’s agencywide efforts to incorporate standardized public meeting protocols and related documents and templates that incorporate Title VI and ADA elements across substantive program areas. This task will be accomplished in consultation with a MassDOT working group and will include the subtasks detailed below.
The public participation working group will include MassDOT’s Office of Diversity and Civil Rights (ODCR) and, at a minimum, the MassDOT departments that have public outreach responsibilities, such as Transportation Planning and Research, Design (Highway and Bridge Project Management), Environment, Right-of-Way, Construction and Contracts/Contract Administration, Maintenance, and Safety. CTPS will support the MassDOT Title VI team in developing strategies for integrating civil rights outreach protocols across MassDOT’s federal program areas that involve coordination of or participation in public engagement. This will include tailoring objectives to MassDOT departments and identifying deliverables (reports and other products) to ensure that each department effectively incorporates the civil rights components of public participation in its activities.
Under a previous contract, CTPS worked with MassDOT to develop a draft Public Participation Plan and articulate public meeting protocols that incorporate civil rights considerations. The protocols include guidelines, strategies, templates, and other resources for meeting planners, staff who are conducting meetings, and community host sites. In this task, CTPS will complete the development of the public meeting protocols with guidance from the public participation working group.
This task will focus on unifying MassDOT’s Public Participation Plan, the civil rights public participation protocols, and the Accessible Meeting Policy into a revised MassDOT Public Participation Plan. Elements of the unified plan will include, but not be limited to:
CTPS will assist MassDOT in providing public participation training for internal and external groups and organizations that have public engagement obligations. This will include assistance in preparing materials for the training and participation in the training sessions.
CTPS will support MassDOT in its efforts to engage the public in the review and development of the final Public Participation Plan. This will include technical assistance in order to ensure that there is outreach to low-income and minority communities, LEP populations, people with disabilities, and others who have been traditionally underserved. It will also include incorporation of the feedback received into the final Public Participation Plan.
CTPS will incorporate feedback from FHWA, the FTA, and members of the public into the final MassDOT Public Participation Plan. Public participation guidelines, strategies, templates, and other resources will be included as part of the final Public Participation Plan.
An updated MassDOT Public Participation Plan
CTPS will provide technical assistance and ongoing support in the implementation of MassDOT’s Language Access Plan. The support will aid MassDOT in continuing to meet the federal LEP requirements, and will involve project-specific analyses of language assistance requirements. This work will include but not be limited to the following:
Revisions to MassDOT’s Language Access Plans as needed and project-level assessments of language assistance requirements
CTPS will assist MassDOT in the implementation of revised protocols for external monitoring and oversight and will provide technical assistance for supporting MPOs, RPAs, and RTAs to achieve and maintain compliance with Title VI and the ADA. This work will include adaptations, innovations, and recommendations for adoption of Public Participation Plan methodologies, Notice to Beneficiaries, and complaint procedures and forms, including Title VI and ADA considerations, for implementation at the subrecipient level.
CTPS will assist MassDOT in implementing revised internal monitoring and review protocols. More specifically, CTPS will assist in the development of procedures to collect and analyze data in order to monitor program, service, and activity impacts and demonstrate Title VI compliance. CTPS will then support the subsequent data collection and analysis.
CTPS will assist in the development of an analytical process for identifying the benefits and burdens of the state’s transportation investments at the recipient and subrecipient level. CTPS will work closely with MassDOT’s ODCR, Office of Transportation Planning (OTP), and Rail and Transit Division (RTD) in this effort.
An analytical process for identifying the benefits and burdens of the state’s transportation investments at the recipient and subrecipient level
CTPS staff will provide ongoing technical assistance to MassDOT to address Title VI issues, as necessary. This will include responding to comments and directives received from the FTA and FHWA.
Technical support provided to MassDOT, as necessary
It is estimated that this project will be completed 12 months after work commences. The proposed schedule, by task, is shown in Exhibit 1.
The total cost of this project is estimated to be $169,900. This includes the cost of 65.2 person-weeks of staff time, overhead at the rate of 97.42 percent, and travel. A detailed breakdown of estimated costs is presented in Exhibit 2.
KQ/AD/ad
Task |
Month | |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | |
1.
Assist MassDOT in Preparation of 2014 Title VI Program for FTA |
From month 1 to 4.
| |||||||||||
2.
Assist in Development and Implementation of Public Outreach Policies and Procedures |
From month 1 to 4.
| |||||||||||
3.
Support MassDOT in Engaging the Public In the Development of the Public Participation Plan |
From month 1 to 4.
| |||||||||||
4.
Produce Final Public Participation Plan |
From month 4 to 5.4.
| |||||||||||
5.
Provide Technical Assistance for Language Access |
From month 1 to 12.8.
| |||||||||||
6.
Assist MassDOT in Implementing Revised Monitoring and Review Protocols |
From month 1 to 12.8.
| |||||||||||
7.
Develop Process for Identifying Benefits and Burdens |
From month 1 to 7.2.
| |||||||||||
8.
Provide Ongoing Technical Support to MassDOT |
From month 1 to 12.8.
|
Task |
Person-Weeks | Direct Salary |
Overhead (97.42%) |
Total Cost |
||||
---|---|---|---|---|---|---|---|---|
M-1 | P-5 | P-4 | P-3 | Total | ||||
1.
Assist MassDOT in Preparation of 2014 Title VI Program for FTA
|
3.9 | 0.4 | 4.0 | 4.0 | 12.3 | $16,617 | $16,189 | $32,806 |
2.
Assist in Development and Implementation of Public Outreach Policies and Procedures
|
1.9 | 0.0 | 0.0 | 5.0 | 6.9 | $8,538 | $8,318 | $16,855 |
3.
Support MassDOT in Engaging the Public In the Development of the Public Participation Plan
|
1.1 | 0.0 | 0.0 | 2.0 | 3.1 | $3,994 | $3,891 | $7,885 |
4.
Produce Final Public Participation Plan
|
1.4 | 0.0 | 0.0 | 2.5 | 3.9 | $5,035 | $4,905 | $9,940 |
5.
Provide Technical Assistance for Language Access
|
2.3 | 1.0 | 0.0 | 1.5 | 4.8 | $7,198 | $7,013 | $14,211 |
6.
Assist MassDOT in Implementing Revised Monitoring and Review Protocols
|
2.6 | 0.0 | 3.0 | 3.0 | 8.6 | $11,402 | $11,108 | $22,510 |
7.
Develop Process for Identifying Benefits and Burdens
|
2.4 | 0.0 | 4.0 | 5.0 | 11.4 | $14,448 | $14,075 | $28,524 |
8.
Provide Ongoing Technical Support to MassDOT
|
4.2 | 0.0 | 5.0 | 5.0 | 14.2 | $18,777 | $18,292 | $37,069 |
Total
|
19.8 | 1.4 | 16.0 | 28.0 | 65.2 | $86,010 | $83,791 | $169,800 |