Fill - Free fillable Title VI And Non- Discrimination / ADA Plan (City of BIsmarck) PDF form

TITLE VI AND NON-DISCRIMINATION / ADA PLAN

Robert McConnell

Human Resources Department

221 North 5

Street, Bismarck, ND 58501

TABLE OF CONTENTS

Title VI and Non-Discrimination/ADA Program Policy Statement………...……………………..………...1

Title VI/Non-Discrimination Assurances……………..…………………………………………..…………….3

Organization, Staffing & Responsibilities…………………...…………………………………………………6

Bismarck-Mandan MPO Title VI Complaint Procedure……...………………………………….…….……11

Limited English Proficiency Plan………………………………………………………………………………14

Socio-Economic Information……………………………………………………………………………………20

Transportation Improvement Program Projects List.….…………………………………………21

Maps…………………………..…………………………………………………………………………..23

Appendices

Appendix A and E Assurances………………………………………………………………………A-1

Appendix F ADA Request for Reasonable Accommodations Form..……..………………….A-3

Appendix G ADA Request for Reasonable Accommodations Form Instructions………….A-4

Appendix H Title VI Complaint Form………..……………………………………………………...A-5

Appendix I Title VI Complaint Form Instructions.……….…….....……….……………………..A-8

Appendix J Title VI/ADA/LEP Complaint Log ....………………………………………..……….A-9

Appendix K Title VI Plaque ..…….…………………………………………………………………A-10

Appendix L Language Identification “I Speak” Cards…………………………………………A-11

Appendix M Auxiliary Aids and Service………………………….………………………………A-15

Appendix N Notice of Disclaimer...………………………………………………………………..A-21

Appendix O Public Participation Survey Sheet......…………………………………………….A-22

Appendix P Public Participation Survey Sheet Instructions...……………………………….A-23

Appendix Q Goals and Accomplishments 2014 .…………………………………………........A-24

Appendix R Goals and Accomplishments 2015 ......……………………………………………A-25

Appendix S Goals and Accomplishments 2016…………………………………………………A-26

Appendix T Goals and Accomplishments 2017…………………………………………………A-27

Appendix U Goals and Accomplishments 2018 ..………………………………………………A-28

BISMARCK-MANDAN METROPOLITAN PLANNING ORGANIZATION (MPO)

TITLE VI AND NONDISCRIMINATION/ADA PROGRAM POLICY STATEMENT

The Bismarck-Mandan MPO, hereinafter referred to as the “Recipient” is committed to

compliance with Title VI of the Civil Rights Act of 1964, the Federal-Aid Highway Act of 1973,

the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973/ADA of

1990, and all related regulations and statutes. Taken together, these requirements define an

encompassing Title VI/ADA Program. Title VI and the additional Nondiscrimination

requirements are applicable to programs receiving federal financial assistance due to the Civil

Rights Restoration Act of 1987.

There are two Presidential Executive Orders that place further emphasis upon the Title VI

protections. Executive Order 12898 ensures nondiscrimination against minority populations by

discouraging programs, policies, and activities with disproportionately high and adverse

environmental or human health effects on minority and low-income populations. Executive

Order 13166 directs recipients of Federal financial assistance that to ensure compliance with

Title VI, they must take reasonable steps to ensure that limited English proficiency persons have

meaningful access to their programs.

The Recipient assures that no person or groups(s) of persons shall, on the

grounds of race, color, national origin, sex, age, disability, or income status*,

be excluded from participation in, be denied the benefits of, or be otherwise

subjected to discrimination under any and all programs, services, or activities

administered by the Recipient, regardless of whether those programs and

activities are federally funded or not.

The Recipient also assures that every effort will be made to prevent

discrimination through the impacts of its programs, policies, and activities on

minority and low-income populations. In addition, the Recipient will provide

meaningful access to services for persons with limited English proficiency.

In the event the Recipient distributes federal-aid funds to a subrecipient, the

Recipient will include Title VI language in all written agreements and will

monitor for compliance.

The Recipient’s Title VI/ADA Program Coordinator (Robert McConnell, Director of Human

Resources, 701-355-1330, 221 N. 5

St., Bismarck, ND 58501, rmcconnell@bismarcknd.gov ) is

responsible for initiating and monitoring Title VI/ADA Program activities, preparing reports and

other responsibilities as required by 23 Code of Federal Regulations (CFR) 200 and 49 CFR 21.

ORGANIZATION, STAFFING & RESPONSIBILITIES

EmployeeClassification,

Commission,Council,

BoardorCommittee

Employee,

Elected,

Appointed

Vacant F M White Hispanic Asian Black

Native

American

Other

SteveSaunders,

MPOExecutiveDirector Appointed

  X X     

SteveSaunders,

PrincipalTransportation

PlannerFT Employee   X X     

RachelDrewlow,

TransportationPlanner

FT Employee  X  X     

JoeyRoberson‐Kitzman

TransportationPlanner

PT Employee  X X     

KimberlyRiepl,

Transportation

SpecialistFT Employee  X  X     

RobertMcConnell,

TitleVICoordinator Appointed   X X     

RobertMcConnell,

ADACoordinator Appointed

  X X     

TECHNICALADVISORYCOMMITTEE

SteveSaunders Appointed   X X     

GabeSchell Appointed   X X     

JustinFroseth Appointed   X X     

MarcusHall Appointed   X X     

JohnSaiki Appointed

  X X     

RoyRickert Appointed  X X     

ChuckPeterson Appointed   X X     

KenNysether Appointed  X X     

MichaelJohnson Appointed   X X     

NataliePierce Appointed X X     

CarlHokenstad Appointed

  X X     

POLICYBOARD

GerarldWise Appointed   X X     

DouglasSchonert Appointed   X X     

SteveBakken Appointed   X X     

TimHelbling Appointed   X X     

AndyZachmeier Appointed   X X     

A. MPO Executive Director

The Executive Director of the MPO is appointed pursuant to the Bylaws of the

Bismarck-Mandan Metropolitan Planning Organization, Revised October 2015,

Article IV, 6.c The Principal Transportation Planner of the MPO shall serve as

Executive Director of the MPO.” The Executive Director of the MPO is

responsible for the overall implementation and administration of the Title VI and

Non Discrimination/ADA Program Access Plan for the Bismarck-Mandan

Metropolitan Planning Organization (MPO). The Executive Director is

responsible for designation of an ADA Coordinator, a Title VI Coordinator

(program administrator), and providing adequate staffing to effectively implement

the Title VI and Non Discrimination/ADA Program Access Plan.

B. Transportation Planner

Transportation Planners assist in the implementation of the Bismarck-Mandan

MPO’s Title VI responsibilities. Such responsibilities include:

1. Maintain knowledge of and adhere to Bismarck-Mandan MPO’s Title VI

and Non Discrimination/ADA Program Access Plan.

2. Ensure compliance with Title VI requirements in their respective program

areas.

3. Assure prompt reporting, processing, and disposition of Title VI issues or

complaints in their respective program areas to the Title VI Coordinator.

4. Communicate and coordinate with the Title VI Coordinator all program

area Title VI issues or concerns in a timely manner.

5. Assure that practices and procedures involving all programs and activities

within their area of responsibility are applied uniformly and equitably in

conformance with federal Title VI regulations.

C. Transportation Specialist

Transportation Specialists will support and assist the Transportation Planners,

Title VI Coordinator, and ADA Coordinator in their involvement in the program.

D. ADA Coordinator and the ADA Program Access Plan

The Americans with Disabilities Act (ADA) of 1990 is companion civil rights

legislation with the Civil Rights Act of 1964 and Section 504 of the Rehabilitation

Act of 1973 that prohibits discrimination against people with disabilities. ADA

implementing regulations to Title II of the act prohibit discrimination in the

provision of services, programs, and activities by state and local governments

such that “…No qualified individual with a disability shall, on the basis of

disability, be excluded from par

ticipation in or be denied the benefits of the

services, programs, or activities of a public entity, or be subjected to

discrimination by any public entity.” 28 CFR §35.130(a).

The Bismarck-Mandan MPO abides by the ADA. The Bismarck-Mandan MPO

implements, monitors, and updates the Bismarck-Mandan Metropolitan Planning

Organization Title VI and Non Discrimination/ADA Program Access Plan to

ensure no individual is discriminated against on the basis of disability in the

provision of its services, programs, and activities.

Appendix A and Appendix E of the Title VI Assurances is required in all contracts

which are federally funded to ensure compliance with The Civil Rights

Restoration Act of 1987.

The Bismarck-Mandan MPO will make every reasonable accommodation to

provide an accessible meeting facility for all persons, and to ensure that

communications with applicants, participants, and member of the public with

disabilities are as effective as communications with others, 28 CFR §35.160.

Individuals may request appropriate provisions, auxiliary aids or services (such

as sign language, interpreter, accessible parking, or materials in alternative

format), by contacting the ADA Coordinator, Robert McConnell, Director of

Human Resources, City of Bismarck, at 701-355-1330 , or at

rmcconnell@bismarcknd.gov. TTY users may call Relay North Dakota at 711 or

1-800-366-6888 (toll free).

The BMMPO has developed a Request for Reasonable Accommodations Form

for individuals to request accommodations necessary to access BMMPO

programs, services, and activities. The form is available by contacting the ADA

Coordinator or at http://www.bismarcknd.gov/DocumentCenter/View/23201 .

The Americans with Disabilities Act requires public agencies with more

than 50 employees to create and maintain an ADA Transition Plan. The

Bismarck-Mandan MPO employs less than 50 employees and is therefore

exempt from creating and maintaining an ADA Transition Plan.

As the Americans with Disabilities Act is companion civil rights legislation with the

Civil Rights Act of 1964, all disability related complaints will follow the complaint

procedures and forms as outlined in the Bismarck-Mandan MPO Title VI and Non

Discrimination Program.

Complaints about violations of ADA by units of state and local governments may

also be filed directly with the US Department of Justice. The form may be found

at: http://www.ada.gov/publicat.htm#Anchor-TitleII-47857 . For assistance,

please call the toll-free ADA Information Line at 800-514-0301(voice),

or 800-514-0383 (TYY), or go to: http://www.ada,gov/ .

E. Title VI Coordinator

The Title VI Coordinator is charged with the responsibility for implementing,

monitoring, and ensuring the Bismarck-Mandan Metropolitan Planning

Organization (MPO) compliance with Title VI regulations. Title VI responsibilities

are as follows:

1. Process the disposition of Title VI complaints received by the Bismarck-

Mandan MPO.

2. Collect Statistical data (race, color, sex, age, disability, or national origin) of

participants in and beneficiaries of state highway programs, e.g. affected

citizens and impacted communities.

3. Conduct annual Title VI reviews to determine the effectiveness of program

activities at all levels for each reporting year ending December 31 prior to

March 31 of the following calendar year.

4. Conduct Title VI reviews of consultant contractors and other recipients of

federal-aid highway fund contracts administered through the Bismarck-

Mandan MPO.

5. Review Bismarck-Mandan MPO program directives. Where applicable,

include Title VI language and related requirements.

6. Conduct training programs consisting of, at a minimum, one hour of training

per reporting period on Title VI and other related statutes for Bismarck-

Mandan MPO employees and recipients of federal highway funds. Post a

copy of the Title VI Plan on the Bismarck-Mandan MPO web-site. Post the

Title VI Plan on employee bulletin boards at the Bismarck-Mandan MPO

worksite. Inform all employees that a copy of the Title VI Plan is available

upon request. Instruct all new employees about the Title VI Plan during

orientation.

7. Prepare a yearly report of Title VI accomplishments and goals, as required.

8. Develop Title VI information for dissemination to the general public and,

where appropriate, in languages other than English. Post the Title VI Plan on

the Bismarck-Mandan MPO web-site. Post Title VI and Non Discrimination

Plan and all relevant Title VI materials at main entrances of MPO worksite.

9. Conduct post-grant reviews of the Bismarck-Mandan MPO programs and

applicants for compliance with Title VI requirements.

10. Identify and take corrective action to help eliminate discrimination.

11. Establish procedures to promptly resolve identified Title VI deficiencies.

Document remedial actions agreed to be necessary. Provide remedial actions

within 90 days of identification of a deficiency.

F. Technical Advisory Board (TAC)

The Technical Advisory Committee (TAC) of the Bismarck-Mandan MPO

represents the member cities/counties, the North Dakota Department of

Transportation, local freight interests, and the local transit authority. It is

comprised primarily of planning and engineering staff members who are

appointed by their affiliation with their respective agency or transportation related

interest group. The TAC is comprised of one representative from each of the

following agencies/interest group based on Bismarck-Mandan MPO Bylaws,

2015, and is subject to change as new individuals assume those positions within

each agency/interest group:

 City of Lincoln

 Bismarck City Engineer

 Burleigh County Engineer

 Freight Representative

 Mandan City Engineer

 Morton County Planner

 Morton County Road Superintendent

 MPO Executive Director

 MPO Transportation Planner

 North Dakota Department of Transportation

 Transit Director

The purpose of the TAC is to discuss and coordinate technical transportation

matters under consideration of the MPO, including, but not limited to, highway,

transit, auto/rail, bicycle, and pedestrian planning activities; and to facilitate the

recommendations to assist the Bismarck-Mandan MPO Policy Board in the

transportation planning decision making process for the MPO study area.

G. Policy Board

The Policy Board is a five member board comprised of the mayors of Bismarck,

Lincoln, and Mandan, as well as a commissioner each from Burleigh and Morton

counties. The Burleigh County Commissioner and the Morton County

Commissioner members are appointed members determined by their respective

commissions pursuant to assignment to the Bismarck-Mandan MPO Policy

Board within their respective portfolios. The Director of the North Dakota

Department of Transportation is an Ex-Officio member of the Bismarck-Mandan

MPO Policy Board in accordance with Article IV, Section 4 of the Bismarck-

Mandan MPO Bylaws.

The Policy Board is the governing body of the MPO and seeks to harmonize the

general plans of the cities and counties within the area and plans and planning

activities of the federal, state, and local agencies.

Effective Date 3/20/2012

Revised 6/03/2016

BISMARCK-MANDAN METROPOLITAN PLANNING ORGANIZATION

(BMMPO)

TITLE VI/ADA COMPLAINT PROCEDURE

Introduction

The Bismarck-Mandan MPO (BMMPO) has developed a Title VI/ADA External

Complaint Process that provides a prompt process for investigation and dispositions of

complaints. All complaints are recorded on a Title VI/ADA Complaint Log. The

BMMPO’s Title VI External Complaint Process is consistent with the North Dakota

Department of Transportation’s (NDDOT) and the Federal Highway Administration’s

(FHWA) Procedures Manual for Processing External Complaints of Discrimination filed

under Title VI of the Civil Rights Act of 1964 and related statutes, the Americans with

Disabilities Act of 1990, and/or Section 504 of the Rehabilitation Act of 1973. The

nondiscrimination statutes, regulations, Executive Orders (E.O.), directives, and other

references are available upon request.

Agencies Authorized to Receive Complaints

Complaints may be submitted to one of the following: BMMPO, NDDOT, FHWA, or the

United States Department of Transportation (USDOT).

Bismarck-Mandan MPO (BMMPO)

Title VI/ADA Coordinator

221 N. 5

Street

Bismarck, ND 58506

Phone: 701-355-1330

Fax: 701-222-6450

TTY: 711 or 800-366-6888

E-mail: rmcconnell@bismarcknd.gov

North Dakota Department of Transportation (NDDOT)

Civil Rights Division

608 E. Boulevard Ave. Bismarck, ND 58507-0700

Phone: 701-328-2576

Fax: 701-328-0343

TTY: 711 or 800-366-6888

E-mail: civilrights@nd.gov

Federal Highway Administration (FHWA)

North Dakota Division Office

4503 Coleman St. N., Suite 205

Bismarck, ND 58503

Phone: 701-250-4204

Fax: 701-250-4395

E-mail: NorthDakota.fhwa@dot.gov

Effective Date 3/20/2012

Revised 6/03/2016

United States Department of Transportation (USDOT)

FHWA Headquarters Office of Civil Rights

1200 New Jersey Avenue, SE (HCR-40)

8th Floor E81-314

Washington, DC 20590

Phone: 202-366-0693

Fax: 202-366-1599

TTY: 202-366-5132

E-mail: CivilRights.FHWA@fhwa.dot.gov

Nichole McWhorter, Coordination and

Compliance

Phone: 202-366-1396

E-mail: nichole.mcwhorter@dot.gov

Persons Eligible To File

Members of the public, or any specific class of persons, by themselves or by a

representative, that believe they have been subjected to discrimination or retaliation

prohibited by Title VI of the Civil Rights Act of 1964 (Title VI) and related statutes,

Section 504 of the Rehabilitation Act of 1973 (Section 504), or Title II of the Americans

with Disabilities Act of 1990 (ADA) may file a complaint.

Filing a Complaint

A complaint is a written or electronic statement concerning an allegation of

discrimination that contains a request for the receiving office to take action.

Complainants should complete and sign BMMPO’s Title VI/ADA Complaint Process

form and file by mail, fax, in person, or e-mail. A complaint should contain, at a

minimum, the following information:

A written explanation of what has happened;

A way to contact the complainant;

The basis of the complaint, i.e., age, sex, race, color, national origin, disability,

income status, or limited English proficiency;

The identification of the respondent, e.g., agency/organization alleged to have

discriminated;

Sufficient information to understand the facts that led the complainant to believe

that discrimination occurred; and,

The date(s) of the alleged discriminatory act(s).

Effective Date 3/20/2012

Revised 6/03/2016

While the above indicates a complaint should be in writing and signed, BMMPO will

accept complaints in alternate formats from persons with disabilities, upon request.

The complainant may contact BMMPO for assistance in filing a complaint.

BMMPO will consider every request for reasonable accommodation to provide:

 accommodation for people with disabilities

 language interpretation for people with limited English proficiency (LEP) and

 translation of written material necessary to access BMMPO programs and

information

To request accommodations, complainants may contact Robert McConnell, Title VI /

ADA Coordinator, BMMPO at 701-355-1330 or rmcconnell@bismarcknd.gov. TTY users

may use Relay North Dakota at 711 or 1-800-366-6888.

Timeframes For Filing a Complaint

Complaints must be filed within 180 calendar days of the last date of the alleged

discrimination, unless the time for filing is extended. The filing date of the complaint is

the earlier of:

 The postmark of the complaint, or

 The date the complaint is received by any agency authorized to receive

complaints.

Complainant is Represented by an Attorney

Complainants represented by an attorney shall provide a letter of representation.

Complaints Received by BMMPO

Complaints filed under Title VI in which BMMPO is named as the respondent will be

forwarded within two (2) days of receipt by BMMPO to the Civil Rights Division of the

NDDOT.

NDDOT provides the FHWA Bismarck Division office the complaint. FHWA will

determine the correct agency to review the complaint. The reviewing agency will then

make the final decision and will communicate directly with the complainant.

Complaints filed under the Section 504/ADA with BMMPO will be forwarded within two

(2) days of receipt by BMMPO to the Civil Rights Division of the NDDOT.

NDDOT provides the complaint to the FHWA Bismarck Division office to be determined

by FHWA if the complaint will be investigated in accordance with 49 CFR 27.13(b).

BMMPO Update June 2013 NDDOT Update 12/28/2012

Rev. July 2015 Rev. October 2014

Rev. July 2017

Limited English Proficiency Plan

BISMARCK-MANDAN METROPOLITAN PLANNING

ORGANIZATION (MPO)

TITLE VI/ADA COORDINATOR

Robert McConnell, Director of Human Resources

221 N. 5

St., Bismarck, ND 58501

701-355-1330

BMMPO Update June 2013 NDDOT Update 12/28/2012

Rev. July 2015 Rev. October 2014

Rev. July 2017

INTRODUCTION

This Limited English Proficiency Plan has been prepared to address the Bismarck-Mandan

Metropolitan Planning Organization (MPO) responsibilities as a recipient of federal financial

assistance as they relate to the needs of individuals with limited English proficiency language

skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, 42

U.S.C. 2000d, et seq., and its implementing regulations, which state that no person shall be

subjected to discrimination on the basis of race, color or national origin.

Executive Order 13166, titled Improving Access to Services for Persons with Limited

English Proficiency, indicates that differing treatment based upon a person’s inability to speak,

read, write or understand English is a type of national origin discrimination. It directs each

agency to publish guidance for its respective recipients clarifying their obligation to ensure that

such discrimination does not take place. This order applies to all state and local agencies which

receive federal funds, including all Bismarck-Mandan MPO departments receiving federal grant

funds.

Plan Summary

The Bismarck-Mandan MPO has developed this Limited English Proficiency Plan to help

identify reasonable steps for providing language assistance to persons with limited English

proficiency (LEP) who wish to access services provided. As defined Executive Order 13166,

LEP persons are those who do not speak English as their primary language and have limited

ability to read, speak, write or understand English. This plan outlines how to identify a person

who may need language assistance, the ways in which assistance may be provided, staff

training that may be required, and how to notify LEP persons that assistance is available.

In order to prepare this plan, the Bismarck-Mandan MPO used the four-factor LEP analysis

which considers the following factors:

1. The number or proportion of LEP persons in the service area who may be served by the

Bismarck-Mandan MPO.

2. The frequency with which LEP persons come in contact with Bismarck-Mandan MPO

services.

3. The nature and importance of services provided by the Bismarck-Mandan MPO to the

LEP population.

4. The interpretation services available to the Bismarck-Mandan MPO and overall cost to

provide LEP assistance. A summary of the results of the four-factor analysis is in the

following section.

MEANINGFUL ACCE

SS: FOUR-FACTOR ANALYSIS

1.) The number or proportion of LEP persons in the service area who may be served

or are likely to require Bismarck-Mandan MPO services.

The Bismarck-Mandan MPO staff reviewed the 2011-2015 American Community Survey 5-Year

Estimates* for North Dakota and determined that 3,904 individuals in Bismarck, Lincoln, and

Mandan, ND** (2.89% of the population) speak a language other than English. Of those, 1,201

BMMPO Update June 2013 NDDOT Update 12/28/2012

Rev. July 2015 Rev. October 2014

Rev. July 2017

individuals have limited English proficiency; that is, they speak English less than “very well” or

“not at all.” This is only 0.88% of the overall population in the service area. In Bismarck,

Lincoln, and Mandan, ND,** of those persons with limited English proficiency, .30% speaks

German, .29% speaks Spanish, .10% speaks French, .09% speaks Chinese, .02% speaks

Gujarati, .02% speaks Russian, .01% speaks Other Asian Languages, .01% speaks Pacific

Island, .01% speaks Other Native Northern American Language, .01% speaks Tagalog,

.01% speaks Greek, .01% speaks Polish, <0.01% speaks Hebrew, Portuguese, Creole,

Yiddish, West Germanic, Scandinavian Languages, Serbo-Croatian, Other Slavic

Languages, Hindi, Other Indic Languages, Other Indo-European, Mon khmer

(Cambodian), Thai, Arabic, and Other African Languages..

Following is a table identifying the number of individuals with the ability to speak English less

than “very well” and the associated language spoken at home:

AbilitytoSpeakEnglishLessthan"VeryWell"and

AssociatedLanguageSpokenatHome‐

Bismarck,Lincoln,andMandan,ND**

LanguageSpokenatHome PercentofTotalPopulation TotalNumberofIndividuals

German 0.30% 412

SpanishorSpanishCreole 0.29% 392

French 0.10% 142

Chinese 0.09% 118

Gujarati 0.02% 28

Russian 0.02% 25

OtherAsianLanguage 0.01% 18

PacificIsland 0.01% 18

OtherNativeNorthern

AmericanLanguage 0.01% 15

Tagalog 0.01% 13

Greek 0.01% 8

Polish 0.01% 7

Hebrew <0.01% 5

BasedonTableB16001ofthe2011‐2015USCensusBureauAmericanCommunitySurvey

*The US Census Bureau has changed collection methodology from the “Long Form” to the American Community Survey. One of the

significant differences between the methodologies is that the “Long Form” was a point in time survey collected once every ten years

compared to the American Community Survey which is a period survey covering a five-year time frame. Given the relatively small

number of individuals who speak languages other than English at home and speak English less than “very well” there may be

significantly high Margins of Error associated with some or all of the subject languages.

**The Metropolitan Statistical Area (MSA) boundary was expanded to include Sioux and Oliver counties in 2013. Population statistics

for the updated MSA boundary now include all four counties (Burleigh, Morton, Oliver, and Sioux), an area far beyond the MPO area.

In an effort to maintain consistent and relevant growth statistics for communities within the MPO area, staff has dedicated to utilize

data for the cities of Bismarck, Lincoln, and Mandan, which comprise the Urbanized Area of the MPO rather than the entire MSA data.

Both data sets are supplied by the US Census Bureau, but differ in coverage area. Using data for the cities which comprise the MPO

Urbanized Area preserves the statistical area as reflected within the Bismarck-Mandan MPO’s Monitoring Report and more accurately

shows population changes within the Bismarck-Mandan MPO area.

BMMPO Update June 2013 NDDOT Update 12/28/2012

Rev. July 2015 Rev. October 2014

Rev. July 2017

2.) The frequency with which LEP persons come in contact with Bismarck-Mandan

MPO services.

The Bismarck-Mandan MPO staff reviewed the frequency with which their office staff and

Bismarck-Mandan MPO Policy Board and Technical Advisory Committee (TAC) members have,

or could have, contact with LEP persons. This includes documenting phone inquiries or office

visits. To date, the Bismarck-Mandan MPO has had 0 requests for interpreters and 0 requests

for translated program documents. The Bismarck-Mandan MPO Policy Board and TAC

members have had very little contact with LEP persons.

3.) The nature and importance of services provided by the Bismarck-Mandan MPO to

the LEP population.

There is no large geographic concentration of any type of LEP individuals in the service area for

the Bismarck-Mandan MPO. The majority of the population, 94.66%, speak only English. As a

result, there are only a few social, professional, or leadership service organizations within the

Bismarck-Mandan MPO service area that focus on outreach to LEP individuals. The Bismarck-

Mandan MPO staff is most likely to encounter LEP individuals through public meetings, office

visits, phone conversations or attendance at Bismarck-Mandan MPO Policy Board and TAC

meetings.

4.) The resources available to the Bismarck-Mandan MPO, and overall costs to

provide LEP assistance.

The Bismarck-Mandan MPO reviewed its available resources that could be used for providing

LEP assistance for oral interpretation and written translation. The Bismarck-Mandan MPO has,

through the City of Bismarck, contracted with a telephone based interpreter service to provide

immediate interpreter services at no cost to LEP individuals. The Bismarck-Mandan MPO has

identified and contacted written translation service providers. The Bismarck-Mandan MPO

provides notice to the public of the availability to request accommodations for language

assistance. All requests for translation are considered based on the possible impacts and

known LEP population.

LANGUAGE ASSISTANCE

A person who does not speak English as their primary language and who has a limited ability to

read, write, speak or understand English may be a Limited English Proficient person and may

be entitled to language assistance with respect to Bismarck-Mandan MPO services. Language

assistance can include interpretation, which means oral or spoken transfer of a message from

one language into another language and/or translation, which means the written transfer of a

message from one language into another language.

How the Bismarck-Mandan MPO staff may identify an LEP person who needs language

assistance:

 Post notice of LEP Plan and the availability of interpretation or translation services free

of charge in languages LEP persons would understand.

 All Bismarck-Mandan MPO staff will be provided with language lists to assist in identifying

the language interpretation needed if the occasion arises.

BMMPO Update June 2013 NDDOT Update 12/28/2012

Rev. July 2015 Rev. October 2014

Rev. July 2017

 All Bismarck-Mandan MPO staff who has encountered LEP will be informally surveyed

periodically on their experience concerning any contacts with LEP individuals during the

previous year.

 When the Bismarck-Mandan MPO sponsors an informational meeting or event, a staff

person may greet participants as they arrive. By informally engaging participants in

conversation it is possible to gauge each attendee’s ability to speak and understand

English. Although translation may not be able to be provided at the event it will help

identify the need for future events.

Language Assistance Measures

Although there is a very low percentage of LEP individuals in the Bismarck-Mandan MPO

service area, that is, persons who speak English less than “very well” or “not at all”, it will strive

to offer the following measures:

1. The Bismarck-Mandan MPO staff will take reasonable steps to provide the opportunity for

meaningful access to LEP clients who have difficulty communicating English.

2. The following resources will be available to accommodate LEP persons:

 Language interpretation will be accessed for most languages through a telephone

interpretation service.

STAFF TRAINING

The following training will be provided to all staff:

 Information on the Title VI Policy and LEP responsibilities.

 Description of language assistance services offered to the public.

 Use of language lists.

 Documentation of language assistance requests.

 Title VI Complaint Process.

All contractors or subcontractors performing work for the Bismarck-Mandan MPO will be

required to follow the Title VI/LEP guidelines.

TRANSLATION OF DOCUMENTS

The Bismarck-Mandan MPO has an outreach process including a Request For Reasonable

Accommodations procedure that refers all requests to the Bismarck-Mandan ADA Coordinator

for processing. The Bismarck-Mandan MPO has translation services available and notices of

accommodation are placed in public ads, meeting notices, flyers, and agendas. Requests for

accommodations are considered as follows:

 The Bismarck-Mandan MPO ADA Coor

dinator will assess requests for translation of

documents based on the possible impacts and known LEP population.

BMMPO Update June 2013 NDDOT Update 12/28/2012

Rev. July 2015 Rev. October 2014

Rev. July 2017

MONITORING

Monitoring and Updating the LEP Plan - The Bismarck-Mandan MPO will update the LEP

Plan as required. At a minimum, the plan will be reviewed and updated when data from the

2020 U.S. Census is available, or when it is clear that higher concentrations of LEP individuals

are present in the Bismarck-Mandan MPO service area. Updates will include the following:

 The number of documented LEP person contacts encountered annually.

 How the needs of LEP persons have been addressed.

 Determination of the current LEP population in the service area.

 Determination as to whether the need for translation services has changed.

 Determine whether local language assistance programs have been effective and

sufficient to meet the need.

 Determine whether the Bismarck-Mandan MPO’s financial resources are sufficient to

fund language assistance resources needed.

 Determine whether the Bismarck-Mandan MPO fully complies with the goals of this LEP

Plan.

 Determine whether complaints have been received concerning the agency’s

failure to meet the needs of LEP individuals.

DISSEMINATION OF THE BISMARCK-MANDAN MPO LEP PLAN

The Bismarck-Mandan MPO may disseminate its LEP Plan in any manner as follows:

 Post signs in Bismarck-Mandan MPO service area notifying LEP persons of the LEP Plan

and how to access language services.

 State on agendas and public notices that a Request for Reasonable Accommodations

form is available to LEP individuals to request documents in various languages.

 Post on the Bismarck-Mandan MPO website the LEP Plan and how to access language

services.

 Publish Press Release

 Send copy of press release to advocacy groups and other agencies serving LEP

populations

Socio-Economic Information

BISMARCK-MANDAN MPO TRANSPORTATION IMPROVEMENT PROGRAM 2017-2020 Page 1 of 2

FEDERAL

LEAD MAP PROJECT DESCRIPTION FEDERAL STATE LOCAL TOTAL PROGRAM PCN

AGENCY KEY SOURCE

TAP - Bismarck Parks and Recreation

BISMARCK 17.1.01 (Sertoma Park West) $138,750 $0 $67,250 $206,000 TAP

(Shared Use Path Rehabilitation)

MPO

SAFETY - Multiple Intersections

BURLEIGH 17.2.01 (Hwy 1804 at Washington St & NW 15th St) $100,000 $0 $11,000 $111,000 SAFETY 17917

(Lighting, Signing, Turn Lanes)

*URBAN ROADS PROGRAM - 27th Street

MANDAN 17.4.01 (ND Highway 1806 to 8th Ave. NW) $809,300 $0 $190,700 $1,000,000 URBAN

(Reconstruction)

REGIONAL PROJECT - I-94 & I-194 (MPO Wide)

MANDAN 17.4.02 (High Mast Lighting) $162,669 $18,231 $20,100 $201,000 URBAN

REGIONAL PROJECT - 10th Ave. SW

MANDAN 17.4.03 (Heart River Bridge to Main St) $202,325 $47,675 $0 $250,000 URBAN

(Concrete Pavement Repair)

*SAFETY - Recovery Application and Turn Lanes

NDDOT 17.6.01 (Intersection of ND Highway 6 and 19th Street SW) $429,000 $48,000 $0 $477,000 SAFETY 21039

* Represents an "Expansion" project. An expansion project is focused on improving traffic flow or safety through efforts such as: adding through lanes or turn lanes; new streets/roads; upgrading

an intersection to a roundabout or adding traffic signals; or new/improved interchanges.

** Complete list of locations available by contacting the MPO office (701-355-1850)

MPO

Project area extent is larger than the MPO area. Costs have not been prorated.

FEDERAL

LEAD MAP PROJECT DESCRIPTION FEDERAL STATE LOCAL TOTAL PROGRAM PCN

AGENCY KEY SOURCE

URBAN ROADS PROGRAM - 66th St. and Highway 10 Intersection

BURLEIGH 18.2.01 (Intersection Improvement) $660,000 $0 $165,000 $825,000 URBAN

*REGIONAL PROJECT - Main Street

MANDAN 18.4.01 (ND 6 to ND 1806) $1,200,000 $150,000 $150,000 $1,500,000 URBAN 21173

(Traffic Signal Upgrades)

RURAL - I-94, East Bound Lane

NDDOT 18.6.01 (Grant Marsh Bridge - to 161 Interchange) $438,000 $49,000 $0 $487,000

(Microsurfacing)

RURAL - I-94, West Bound Lane

NDDOT 18.6.02 (Grant Marsh Bridge - to 161 Interchange) $434,000 $48,000 $0 $482,000

(Microsurfacing)

SAFETY - Traffic Signals

NDDOT 18.6.03 (Bismarck) $576,000 $0 $64,000 $640,000 SAFETY

* Represents an "Expansion" project. An expansion project is focused on improving traffic flow or safety through efforts such as: adding through lanes or turn lanes; new streets/roads; upgrading

an intersection to a roundabout or adding traffic signals; or new/improved interchanges.

PROJECT YEAR 2017

ESTIMATED COST IN DOLLARS

PROJECT YEAR 2018

ESTIMATED COST IN DOLLARS

This project will use Urban Roads Program Funds in 2018. The County Program advanced funds for the project's construction in 2016.

BISMARCK-MANDAN MPO TRANSPORTATION IMPROVEMENT PROGRAM 2017-2020 Page 2 of 2

FEDERAL

LEAD MAP PROJECT DESCRIPTION FEDERAL STATE LOCAL TOTAL PROGRAM PCN

AGENCY KEY SOURCE

*URBAN ROADS PROGRAM -N Washington St.

BURLEIGH 19.2.01

(57

- 71

Ave N)

$3,487,000 $0 $863,000 $4,350,000 URBAN

(Reconstruction)

BRIDGE - I-94 East Bound Lane

NDDOT 19.6.01 (Bridge over 80th Street) $1,790,000 $199,000 $0 $1,989,000 BRIDGE

(Structural Replacement)

MPO

RURAL - Highway 25 N

NDDOT 19.6.02 (Jct I-94 to E of Center) $5,666,000 $1,335,000 $0 $7,001,000 RURAL

(Thin Overlay)

MPO

RURAL - Highway 83 N

NDDOT 19.6.03 (57th Ave to Midway) $592,000 $139,000 $0 $731,000 RURAL 17378

(Median Crossovers)

Rural - I-94 Eastbound Lane

NDDOT 19.6.04 (Collins Ave Grade Seperation to E Midway Interchange) $876,000 $97,000 $0 $973,000 RURAL

(Mill and Overlay)

RURAL - I-94 Westbound Lane

NDDOT 19.6.05 (Collins Ave Grade Seperation to E Midway Interchange) $865,000 $96,000 $0 $961,000 RURAL

(Mill and Overlay)

RURAL - I-94 Eastbound Lane

NDDOT 19.6.06 (E ND25 to W ND 1806) $1,830,000 $203,000 $0 $2,033,000 RURAL

(Mill & Overlay)

RURAL - I-94 Westbound Lane

NDDOT

19.6.07 (E ND25 to W ND 1806) $1,829,000 $203,000 $0 $2,032,000 RURAL

(Mill & Overlay)

* Represents an "Expansion" project. An expansion project is focused on improving traffic flow or safety through efforts such as: adding through lanes or turn lanes; new streets/roads; upgrading

an intersection to a roundabout or adding traffic signals; or new/improved interchanges.

FEDERAL

LEAD MAP PROJECT DESCRIPTION FEDERAL STATE LOCAL TOTAL PROGRAM PCN

AGENCY KEY SOURCE

*REGIONAL PROJECT - ND 1806

MANDAN 20.4.01 (I-94 to 27th St NW) $6,000,000 $750,000 $750,000 $7,500,000 URBAN

(Reconstruction)

*URBAN ROADS PROGRAM - McKenzie Dr.

MANDAN 20.4.02 (WB I-194 Ramps to 46th Ave.) $1,052,090 $0 $247,910 $1,300,000 URBAN

. (Reconstruction)

* Represents an "Expansion" project. An expansion project is focused on improving traffic flow or safety through efforts such as: adding through lanes or turn lanes; new streets/roads; upgrading

an intersection to a roundabout or adding traffic signals; or new/improved interchanges.

PROJECT YEAR 2020

ESTIMATED COST IN DOLLARS

PROJECT YEAR 2019

ESTIMATED COST IN DOLLARS

MPO

Project area extent is larger than the MPO area. Costs have not been prorated.

19.6.06

18.6.03

Bismarck Traffic Signals

19.6.03

19.6.07

18.6.02

18.6.01

19.6.05

19.6.04

17.4.02

I-94 & I-194 High Mast Lighting

MPO Wide

19.2.01

18.4.01

17.4.03

20.4.01

17.1.01

17.4.01

20.4.02

19.6.01

18.2.01

17.6.01

19.6.02

17.2.01

¨¦

1804

¨¦

194

¨¦

1806

2017-2020 Transportation

Improvement Program

This data is for representation only and does not

represent a survey. No liability is assumed as to the

accuracy of the data delineated herein.

Map created by WRH June 2016 based on

data maintained by the City of Bismarck and

Bismarck-Mandan MPO.

X:\Databases\MPO\TIPS\2017-2020TIP_Race.mxd

Thin overlay to

east of Center

Median crossovers

to Midway

MPO Boundary

2017

2018

2019

2020

2017-2020 TIP Projects

0 1 2 3 40.5

Miles

MPO Urbanized Boundary (2013)

Minority Population (Census Block)

4% or Less

5% to 14%

15% to 24%

25% to 49%

More than 50%

Based on US Census

Bureau 2010 Block

Data. For this effort

"Minority Population" is

considered to be all

races other than the US

Census Bureau defined

"White" Category.

Minority Population

19.6.06

18.6.03

Bismarck Traffic Signals

19.6.03

19.6.07

18.6.02

18.6.01

19.6.05

19.6.04

17.4.02

I-94 & I-194 High Mast Lighting

MPO Wide

19.2.01

18.4.01

17.4.03

20.4.01

17.1.01

17.4.01

20.4.02

19.6.01

18.2.01

17.6.01

19.6.02

17.2.01

¨¦

1804

¨¦

194

¨¦

1806

2017-2020 Transportation

Improvement Program

Thin overlay to

east of Center

Median crossovers

to Midway

2017

2018

2019

2020

2017-2020 TIP Projects

0 1 2 3 40.5

Miles

MPO Boundary

MPO Urbanized Boundary (2013)

Percent "Elderly"

75%-100%

15% - 24%

14% or Less

25% - 49%

50 - 74%

Map created by W.R.H, June 2016. Based on data

maintained by the Bismarck-Mandan MPO, the City of

Bismarck, Morton County, and the US Census Bureau.

This map is for representation use only and does not

represent a survey. No liability is assumed as to the

accuracy of the data delineated herein.

*For purposes of this effort "Elderly" is considered 60

years of age or older. Data based on table P12 of the

2010 US Census Summary File 1.

W:\MPO\Title VI\Maps\2017-2020TIP_Elderly.mxd

Percent Elderly Population

19.6.06

18.6.03

Bismarck Traffic Signals

19.6.03

19.6.07

18.6.02

18.6.01

19.6.05

19.6.04

17.4.02

I-94 & I-194 High Mast Lighting

MPO Wide

19.2.01

18.4.01

17.4.03

20.4.01

17.1.01

17.4.01

20.4.02

19.6.01

18.2.01

17.6.01

19.6.02

17.2.01

¨¦

1804

¨¦

194

¨¦

1806

2017-2020 Transportation

Improvement Program

This data is for representation only and does not

represent a survey. No liability is assumed as to the

accuracy of the data delineated herein.

Map created by WRH June 2016 based on

data maintained by the City of Bismarck and

Bismarck-Mandan MPO.

X:\Databases\MPO\TIPS\2017-2020TIP_Poverty.mxd

Thin overlay to

east of Center

Median crossovers

to Midway

2017

2018

2019

2020

2017-2020 TIP Projects

0 1 2 3 40.5

Miles

Population in Poverty

(Census Block Group)

0% - 4%

5% - 9%

10% - 14%

15% - 19%

20% - 24%

More than 25%

MPO Boundary

MPO Urbanized Boundary (2013)

Based on US Census

Bureau2009-2013

American Community

Survey Block Group

Data Table B17017

Population in Poverty

G G

19.6.06

18.6.03

Bismarck Traffic Signals

19.6.03

19.6.07

18.6.02

18.6.01

19.6.05

19.6.04

17.4.02

I-94 & I-194 High Mast Lighting

MPO Wide

19.2.01

18.4.01

17.4.03

20.4.01

17.1.01

17.4.01

20.4.02

19.6.01

18.2.01

17.6.01

19.6.02

17.2.0117.2.01

¨¦

1804

)

¨¦

1806

2017-2020 Transportation

Improvement Program

Thin overlay to

east of Center

Median crossovers

to Midway

2017

2018

2019

2020

2017-2020 TIP Projects

0 2 4 6 81

Miles

MPO Boundary

MPO Urbanized Boundary (2013)

Map created by W.R.H.June 2016. Based on data

maintained by the Bismarck-Mandan MPO, the City of

Bismarck, Morton County, and the US Census Bureau.

This map is for representation use only

and does not represent a survey. No liability is assumed

as to the

accuracy of the data delineated herein.

*Defined by 2010-2014 US Census Bureau American

Community Survey Table B16001

W:\MPO\Title VI\Maps\2017-

2020TIP_LanguageSpokenGerman_June2016.mxd

Percent German Spoken at Home

(By Census Tract)

1+%

.5+% - 1%

0% - .5%

Ability to Speak English Less

than "Very Well" in the

Bismarck-Mandan MPO Area,

2010-2014 - German

Spoken at Home*

19.6.06

18.6.03

Bismarck Traffic Signals

19.6.03

19.6.07

18.6.02

18.6.01

19.6.05

19.6.04

17.4.02

I-94 & I-194 High Mast Lighting

MPO Wide

19.2.01

18.4.01

17.4.03

20.4.01

17.1.01

17.4.01

20.4.02

19.6.01

18.2.01

17.6.01

19.6.02

17.2.0117.2.01

¨¦

1804

)

¨¦

1806

2017-2020 Transportation

Improvement Program

Thin overlay to

east of Center

Median crossovers

to Midway

2017

2018

2019

2020

2017-2020 TIP Projects

0 2 4 6 81

Miles

MPO Boundary

MPO Urbanized Boundary (2013)

Map created by J.R.K. June 2017. Based on data

maintained by the Bismarck-Mandan MPO, the City of

Bismarck, Morton County, and the US Census Bureau.

This map is for representation use only

and does not represent a survey. No liability is assumed

as to the

accuracy of the data delineated herein.

*Defined by 2011-2015 US Census Bureau American

Community Survey Table B16001

W:\MPO\Title VI\Maps\2017-

2020TIP_LanguageSpokenOther_June2016.mxd

Percent Other Spoken at Home

(By Census Tract)

1+%

.5+% - 1%

0% - .5%

Ability to Speak English Less

than "Very Well" in the

Bismarck-Mandan MPO Area,

2011-2015 - All Other

Languages Spoken at Home*

Bismarck-Mandan Metropolitan Planning Organization, Bismarck, Burleigh County,

RECIPIENT

APPENDIX A OF THE TITLE VI ASSURANCES

uring the performance of this contract, the Contractor, for itself, its assignees, and successors in interest

(

hereinafter referred to as the

Contractor)

agrees as follows:

Compliance

with

Regulations:

The Contractor (hereinafter includes consultants) will comply with

the

Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the

U.S.

Department of

Transportation, the Federal Highway Administration,

as they may be amended from

time to time, which are herein incorporated by reference and made a part of this contract.

Non-discrimination:

The Contractor, with regard to the work performed by it during the contract,

will not discriminate on the grounds of race, color, or national origin in the selection and retention

subcontractors, including procurements of materials and leases of equipment. The Contractor will not

participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,

including employment practices when the contract covers any activity, project, or program set forth

in Appendix B of 49 CFR Part

21.

Solicitations

for

Subcontracts, Including Procurements

Materials

and

Equipment:

all

solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be

performed under a subcontract, including procurements of materials, or leases of equipment, each

potential

subcontractor

or supplier will be notified by the Contractor of the

Contractor's

obligations

under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds

race,

color, or national origin.

Information

and

Reports:

The Contractor will provide all information and reports required by the Acts,

the Regulations, and directives issued pursuant thereto and will permit access to its books,

records,

accounts, other sources of information, and its facilities as may be determined by the Recipient or

the

Federal Highway Administration

to be pertinent to ascertain compliance with such Acts, Regulations,

and instructions. Where any information required of a Contractor is in the exclusive possession of

another who fails or refuses to furnish the information, the Contractor will so certify to

the

Recipient or

the Federal Highway Administration as appropriate, and will set forth what efforts it has made to

obtain the information.

Sanctions

for

Noncompliance:

In the event of a

contractor's noncompliance

with the

Non-

discrimination provisions

of this contract, the Recipient will impose such contract sanctions as it or

the Federal Highway Administration

may determine to be appropriate, including, but not limited to:

withholding

payments to the Contractor under the contract until the Contractor complies; and/or

cancelling,

terminating, or suspending a contract, in whole or in part.

Incorporation

Provisions:

The Contractor will include the provisions of paragraphs one through

six

every

subcontract,

including procurements of materials and leases of equipment, unless exempt by

the

Acts, the

Regulations

and directives issued pursuant thereto. The Contractor will take action with

respect to any

subcontract

or procurement as the Recipient or the Federal Highway Administration may

direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if

the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplie

ecause of such direction, the Contractor may request the Recipient to enter into any litigation to protect

the interests of the Recipient. In addition, the Contractor may request the United States to enter into

the

litigation to protect the interests of the United States.

A-1

Bismarck-Mandan Metropolitan Planning Organization (MPO), Bismarck, Burleigh County

APPENDIX E OF THE TITLE VI ASSURANCES

uring the performance of this contract, the contractor, for itself, its assignees, and successors in interest

(hereinafter referred to as the

Contractor)

agrees to comply with the following non-discrimination statutes

and authorities; including but not limited

to:

Pertinent Non-Discrimination Authorities:

•

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),

(

prohibits

discrimination on the basis of race, color, national origin); and 49 CFR Part

21.

•

The Uniform

Relocation

Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.

4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because

Federal or Federal-aid programs and projects);

•

Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis

sex

)

;

•

Section 504

of the

Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,

(prohibits

discrimination on the basis of disability); and 49 CFR Part 27;

•

The Age

Discrimination

Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits

discrimination on the basis of

age);

•

Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,

(

prohibits discrimination based on race, creed, color, national origin, or sex);

•

The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and

plicability 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

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)

implemented

Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

•

The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)

(prohibits

iscrimination on the basis of race, color, national origin, and sex

)

;

•

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations

and

Low-Income

Populations,

which ensures non-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

ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to

74100);

•

Title IX of the Education Amendments of 1972, as amended, which prohibits you from

discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq

A-2

A-3

Instructions for Reasonable Request for Accommodations Form:

Requests for Reasonable Accommodations can be made by completing this form.

If you prefer to complete the Request for Reasonable Accommodations form

electronically go to the Bismarck-Mandan Metropolitan Planning Organization’s website

at: http://www.bismarcknd.gov/DocumentCenter/View/23201 . You may then submit

the form in one of the following ways:

1. Save the completed form to your computer and email a copy of it to:

mpo@bismarcknd.gov .

2. Mail a printed copy of the completed form to:

Bismarck-Mandan MPO

ADA Coordinator

P.O. Box 5503

Bismarck, ND 58506-5503

If you need assistance to complete the Request for Reasonable Accommodations form,

please contact Robert McConnell, ADA Coordinator, Bismarck-Mandan MPO at 701-

355-1330 or rmcconnell@bismarcknd.gov . TTY users may use Relay North Dakota at

711 or 1-800-366-6888.

REQUESTS MUST BE MADE AS SOON AS POSSIBLE.

Appropriate provisions will be considered when the MPO/ADA Coordinator is notified at

least ten (10) days prior to the meeting date or fifteen (15) days prior to the date the

written comments are due.

Converting printed material may take several weeks.

PART I

Complete all information in this section.

PART II: Limited English Proficiency (LEP)

Check all boxes that apply to the type of language assistance that you are requesting.

PART III: Americans with Disabilities Act (ADA)

Check all boxes that apply to the accommodation(s) that you are requesting.

A-4

A-5

TITLE VI COMPLAINT PROCESS

PART I - COMPLAINANT INFORMATION (Print all items legibly.)

Name

Telephone Number

Mailing Address

Email Address

City

State

ZIP Code

PART II - CAUSE OF DISCRIMINATION BASED ON (Check appropriate box[es].)

Race

Color

National Origin

Limited English Proficiency

Sex

Age

Disability

Income Status

PART III - THE PARTICULARS ARE (Include names, dates, places, and incidents involved in the complaint.)

(If additional space is needed, attach extra sheet[s].)

PART IV - REMEDY SOUGHT (State the specific remedy sought to resolve the issue[s].)

PART V - VERIFICATION

Complainant's Signature

Date

A-6

A-7

Instructions for Title VI Complaint Process Form:

General

1. Instructions provided within this form are not meant to be all inclusive. Members of

the public or external applicants for employment filing a Title VI/ADA complaint are

responsible for all procedural requirements contained in the Bismarck-Mandan

MPO’s Title VI/ADA External Complaint Process.

2. Under Title VI of the Civil Rights Act of 1964 and the related statutes and

regulations, no person or group(s) of persons shall, on the grounds of race, color,

national origin, sex, age, disability, limited English proficiency, or income status, be

excluded from participation in, be denied the benefits of, or be otherwise subjected

to discrimination under any and all programs, services, or activities administered by

the Bismarck-Mandan MPO. Members of the public, external applicants for

employment, or group(s) of persons who feel they have been discriminated against

may file a complaint.

3. Complainants must include all required information and must meet all timeframes

as defined in the Bismarck-Mandan MPO’s Title VI/ADA External Complaint

Process.

4. Legible copies of all available pertinent documentation should be attached to this

form.

5. All inquiries should be directed to the ADA Coordinator, Bismarck-Mandan MPO,

221 N. 5

Street / P.O. Box 5506, Bismarck, ND 58506-5503, Telephone (701)355-

1330, TDD 711.

Part I

Complete all information in this section.

Part II

Check all boxes that apply indicating the basis for the complaint. The discrimination

must be based on at least one of the listed categories.

Part III

State the specific complaint in a manner that clearly identifies the issues upon which the

complaint is based.

Part IV

State the minimum remedy acceptable for resolution of this complaint.

Part V

Sign and date this section to verify the information contained in Parts I through IV.

A-8

A-9

The Bismarck-Mandan MPO is committed to

providing non-discriminatory service. No person

shall, on the basis of a person’s national origin, race,

color, disability, sex, age and/or income status, be

excluded from participation or be subjected to

discrimination or harassment by the Bismarck-

Mandan MPO. Contact the Bismarck-Mandan MPO

Project Director at 701-355-1840 to request

additional information on our nondiscrimination

obligations or to file a complaint.

A-10

A-11

DB-3309

U.S. DEPARTMENT OF COMMERCE

Economics and Statistics Administration

U.S. CENSUS BUREAU

LANGUAGE IDENTIFICATION FLASHCARD

1. Arabic

2. Armenian

3. Bengali

4. Cambodian

5. Chamorro

6. Simplified

Chinese

7. T raditional

Chinese

8.Croatian

9. Czech

10. Dutch

11. English

12. Farsi

Mark this box if you read or speak English.

2010

Motka i kahhon ya yangin ûntûngnu' manaitai pat ûntûngnu' kumentos Chamorro.

QUmbJÇak'kñ¨g®b/b'enH ebI/ñk/an …niXaXPasa e‡oµe .

Kruis dit vakje aan als u Nederlands kunt lezen of spreken.

Zaškrtněte tuto kolonku, pokud čtete a hovoříte česky.

Označite ovaj kvadratić ako čitate ili govorite hrvatski jezik.

2004

Census

Test

.á«Hô©dG çóëàJ hCG CGô≤J âæc GPEG ™HôŸG Gòg ‘ áeÓY ™°V

A-12

DB-3309

U.S. DEPARTMENT OF COMMERCE

Economics and Statistics Administration

U.S. CENSUS BUREAU

14. German

15. Greek

16. Haitian

Creole

17. Hindi

18. Hmong

19. Hungarian

20. Ilocano

21. Italian

22. Japanese

23. Korean

24. Laotian

25. Polish

13. French

Cocher ici si vous lisez ou parlez le français.

Kreuzen Sie dieses Kästchen an, wenn Sie Deutsch lesen oder sprechen.

Make kazye sa a si ou li oswa ou pale kreyòl ayisyen.

Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano.

Marchi questa casella se legge o parla italiano.

Jelölje meg ezt a kockát, ha megérti vagy beszéli a magyar nyelvet.

Kos lub voj no yog koj paub twm thiab hais lus Hmoob.

Prosimy o zaznaczenie tego kwadratu, jeżeli posługuje się Pan/Pani

językiem polskim.

A-13

DB-3309

U.S. DEPARTMENT OF COMMERCE

Economics and Statistics Administration

U.S. CENSUS BUREAU

27. Romanian

28. Russian

29. Serbian

30. Slovak

31. Spanish

32. Tagalog

33. Thai

34. Tongan

35. Ukranian

36. Urdu

37. Vietnamese

38. Yiddish

26. Portuguese

Assinale este quadrado se você lê ou fala português.

Označte tento štvorček, ak viete čítať alebo hovoriť po slovensky.

Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog.

Marque esta casilla si lee o habla español.

ометьте этот квадратик, если вы читаете или говорите по-русски.

Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga.

ідмітьте цю клітинку, якщо ви читаєте або говорите українською мовою.

Xin ñaùnh daáu vaøo oâ naøy neáu quyù vò bieát ñoïc vaø noùi ñöôïc Vieät Ngöõ.

A-14

uxiliary Aids and Services

As a recipient of Federal Financial Assistance, the Bismarck-Mandan Metropolitan Planning

Organization (MPO) assures compliance with Title VI of the Civil Rights Act of 1964,

Regulations, and other pertinent directives. The MPO is required to take reasonable steps to

ensure meaningful access to persons with Limited English Proficiency (LEP) through oral and

written translation.

Additionally, the MPO has a responsibility to develop a policy in advance of any request for

auxiliary aids or services for persons with impaired vision and hearing. With respect to the

provision of auxiliary aids to access State Transportation Agency/Local Public Agency

(STA/Sub Recipient) programs, services and activities, the most likely of these will be public

activities in connection with studies and planning activities pertaining to federal-aid construction

projects.

Auxiliary aids and services for deaf or hard of hearing include a wide range of services,

equipment, and devices such as:

• sign language interpreter

• note takers

• computer-aided real-time transcription services (CART)

• amplified and hearing-aid compatible telephones

• assistive listening systems

• open or closed captioning and caption decoders

• video relay, or

• text telephones/telephone communication devices for the deaf (TTY/TDD), and

• flashing alarms

Auxiliary aids and services for the vision impaired include providing access to printed

information through the following:

• audio recording- MP3

• comput

er diskettes

• Braille or large print materials, or through the use of qualified readers

• providing verbal descriptions of action and visual information to enhance the accessibilit

f performances and presentations; and

• making a staff member available as a guide to enable a person with limited vision to fin

is or her way along an unfamiliar route

The following information provides a synopsis of the critical facts and costs involved in providing

oral and written communication services.

North Dakota has laws governing Interpreter Services for individuals that are deaf, deaf-blind,

speech impaired, hard of hearing, or who require special communication techniques in order to

communicate. Our policy should identify what qualifications are required for interpreters after

reviewing the North Dakota Century Code as the Federal Highway Administration (FHWA)

Americans With Disabilities Act (ADA) Desk Reference states that when sign language

A-15

terpretation is necessary, the ADA requires that it be provided by a “qualified interpreter” and

defined at [28 C. F. R. § 35.104].

 North Dakota Century Code

◦ Under Occupations & Professions, Chapter 43-52 Interpreters

 Defines requirements for deaf persons

 Requires a valid nationally recognized certification or met certification by

2003

 Contains exceptions

◦

Unde

r Judicial Procedure, Civil, Chapter 28-33 Interpreters For Deaf Persons



Defines requirements for deaf persons



Includes administrative proceedings



Requires “Qualified interpreter”- certified by the national registry of

interpreters for the deaf or ND Association for the deaf, interpreter

approved by the superintendent of the school for the deaf, or, if none

available, any other interpreter whose qualifications have been

appropriately determined.

The FHWA ADA Desk Reference allows flexibility in providing accommodations. A visual

communication accommodation may include the use of other auxiliary aids such as recorded

text, electronic documents, or large print text depending on the circumstances.

The FHWA Limited English Proficiency Program Desk Reference states that oral interpreters

are not required to have formal certification but certification is helpful. Recipients can ensure

with greater certainty that they comply with their obligation to provide written translations in

languages other than English by following the Safe Harbor provisions.

Safe Harbor. Many recipients would like to ensure with greater certainty that they comply with

their obligations to provide written translations in languages other than English. Paragraphs (a)

and (b) below outline the circumstances that can provide a “safe harbor” for recipients regarding

the requirements for translation of written materials. A “safe harbor” means that if a recipient

provides written translations under these circumstances, such action will be considered strong

evidence of compliance with the recipient’s written-translation obligations under Title VI.

The failure to provide written translations under the circumstances outlined in paragraphs (a)

and (b) does not mean there is noncompliance. Rather these paragraphs merely provide a

guide for recipients that would like greater certainty of compliance than can be provided by a

fact-intensive, four-factor analysis. For example, even if a safe harbor is not used, if written

translation of a certain document(s) would be so burdensome as to defeat the legitimate

objectives of its program, it is not necessary. Other ways of providing meaningful access, such

as effective o

ral interp

retation of certain vital documents, might be acceptable under such

circumstances.

The following actions will be considered strong evidence of compliance with the recipient’s

written-translation obligations:

a. The STA/Sub Recipient provides written translations of vital documents for each eligible

LEP language group that constitutes 5% or 1,000, whichever is less, of the population o

ersons eligible to be served or likely to be affected or encountered. Translation of othe

ocuments, if needed, can be provided orally; or

b. If there are fewer than 50 persons in a language group that reached the 5% trigger in

(a), the

recipient does not translate vital written materials but provides written notice in

A-16

the p

rimary language of the LEP language group of the right to receive competent oral

interpretation of those written materials, free of cost.

These safe harbor provisions apply to the translation of written documents only. They 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.

--------------------------------

Available Sources

There are several sources to obtain auxiliary aids and services for persons with Limited English

Proficiency or sp

eech, hearing, and vision impairments. Some common sources are as follows:

 Communication Services for the Deaf (CSD) and Interpreting Online (CSDIO)

 CTS Language Link

 Interagency Program for Assistive Technology (IPAT)

 International Translation Services

 Metro Interpreter Resource Center (MIRC)

 ND Association for the Blind (NDAB)

 North Dakota School for the Deaf

 ND Vision Services/School for the Blind (NDVS/SB)

 Relay North Dakota

Communication Services for the Deaf (CSD) and Interpreting Online (CSDIO)

CSD is a pr

ivate, nonprofit organization dedicated to providing services for all individuals who

are deaf or hard of hearing. Interpreter service information including service area, hours of

service, rates, etc., can be obtained by contacting CSD.

Additionally, CSD operates CSDIO which enables deaf and hearing people in the same room to

communicate through an interpreter at a distant location. Video conferencing equipment is

required for this service.

Contact: Cathy Obregon, Communication Services for the Deaf, P.O. Box 66, Fargo, ND 58107;

(701) 799-1395; email: cobregon@c-s-d.

org website: www.c-s-d.org

CTS LanguageLink

CTS LanguageLink is located in Vancouver, Washington. CTS LanguageLink provides a variety

of services including Over-the-Phone-Interpretation, Video Remote Interpretation, Translation,

etc. CTS LanguageLink offers telephone interpretation services in more than 240 languages

and dialects, and can accommodate call centers and industries like court/legal, general

business, government and healthcare/medical.

The State of North Dakota has contracted with CTS Language Link for telephone based

interpretive services under the Western States Contracting Alliance (WSCA). The contract

provides 24/7/365-days/year/7-days/week/24-hours a day Telephone Based Interpreter

Services on an “as needed” basis for Limited English Proficiency (LEP) clients needing

immediate interpreter assistance. The contract is not for scheduled, in-person interpretation

services.

A-17

overnment agencies may access the contract at The North Dakota State Procurement Office

website at the following location:

https://secure.apps.state.nd.us/csd/spo/services/bidder/listCurrentContracts.htm

ontact: Richard Miller, CTS LanguageLink , WSCA Account Executive, 911 Main St, Suite 10,

Vancouver, WA 98660; 1-800-208-2620; email: richard.miller@ctslanguagelink.com

;

website: www.ctslanguagelink.com

teragency Program for Assistive Technology (IPAT)

The North Dakota Interagency Program for Assistive Technology (IPAT) is the North Dakota

Telecommunications Equipment Distribution Service for relay equipment. IPAT provides free

specialized telecommunications equipment for individuals who are deaf, hard-of-hearing, deaf-

blind, or have a speech disability who meet income, residency, disability, etc., qualifications.

IPAT operates a statewide assistive technology Equipment Rental Program for short-term

access to a variety of assistive devices. The rental program offers a wide range of devices for

short term loan, including: communication; telecommunications; computer access; vision;

hearing; seating, positioning, and personal mobility, etc. Rental fees and procedures can be

accessed on IPAT’s website.

Contact: Judie Lee, Executive Direc

tor, Program Director, IPAT, 3240 15

St. South, Suite B,

Fargo, ND 58104; (701) 365-4728; toll free 1-800-895-4728; email: jlee@ndipat.org

website: www.ndipat.org

ternational Translation Services

International Translation Services is located in Moorhead, Minnesota. Leonor Sillers, owner,

provides onsite and telephonic interpreters. She also provides written translation services.

Interpreter and translation service information including service area, hours of service, rates,

etc., can be obtained by contacting Leonor Sillers.

Contact: Leonor Sillers via email: Leonor.Sillers@gmail.com no website

Metr

o Interpreter Resource Center (MIRC)

The Metro Interpreter Resource Center (MIRC) is located in and serves the Fargo area. They

work with local city and county government. MIRC provides access to an Oral Interpreter List for

an annual fee for nonprofits and for profit businesses.

Interpreter and translation service information including service area, hours of service, rates,

etc., can be obtained by contacting MIRC.

Contact: Hatidza Asovic, Coordinator, MIRC, 3350 35

Ave SW, Fargo, ND 58104; (701) 241-

8594; email: hasovic@cityoffa

rgo.com website: www.rrrmirc.com

D Association for the Blind (NDAB)

The North Dakota Association for the Blind publishes the Promoter, a quarterly newsletter. The

Promoter is available in alternative formats. You may submit notices or information for

publication in the Promoter. Details regarding publications can be obtained by contacting

NDAB.

A-18

ontact: Mark Kueffler, President, NDAB, West Fargo, ND 58078; (701) 866-9908;

website: www.ndab.org or Kathy Larson, Promoter Editor, klarson@dia.net

15225 59

St. NW,

Williston, ND 58801-9560; (701) 875-4291.

North Dakota School for the Deaf

The North Dakota School for the Deaf maintains the ND Freelance Interpreter’s List on their

website. A disclaimer states that the interpreters listed are not endorsed or in any way

recommended by the ND School for the Deaf other than the fact they hold national certification.

The interpreters list can be accessed at the web link below.

Contact: Communications Department, Lake Region State College, 1401 College Drive N,

Devils Lake, ND 58301; (800) 877-2980; website: www.nd.gov/ndsd

Web link for Interpreters List: www.nd.gov/ndsd/outreach/doc/freelance-interpreters-2011.pdf

ND V

ision Services/School for the Blind (NDVS/SB)

North Dakota Vision Services/School for the Blind operates a Braille Access Center that

transcribes materials into Braille or large print and electronic media. The cost of Braille or

another alternative formatted project can be obtained by contacting NDVS/SB.

Contact: Leslie Pederson, ND vision Services/School for the Blind, 500 Stanford Rd, Grand

Forks, ND 58203; (701) 795-2713; email:

lespeder@nd.gov

website: www.ndvisionservices.com

Relay North Dakota

Relay North Dakota is a free service that provides full telephone accessibility to people who are

deaf, hard-of-hearing, deaf-blind, and speech-disabled. This service allows hearing callers to

communicate with text-telephone (TTY) users and vice versa through specially trained

Communication Assistants (CAs). Calls can be made to anywhere in the world, 24 hours a day,

365 days a year with no restrictions on the number, length, or type of calls. All calls are strictly

confidential and no records of any conversations are maintained. Anyone wishing to use Relay

North Dakota simply dials the r

elay number to connect with a CA. The CA will dial the requested

number and relay the conversation between the two callers.

Contact: Roxy Ennen, Relay ND Administrator, Telecommunications Analyst, ITD, 4201

Normandy Street, Bismarck, ND 58503; (701) 328-2300; email: rennen@nd.gov

Website: www.relaynorthdakota.com

INTERNET RESOURCES

Limited English Proficiency, a Federal Interagency Website, promotes a positive and

cooperative understanding of the importance of language access to federally conducted and

federally assisted programs. It is located at www.lep.gov

There are numerous documents

addressing language issues.

North Dakota Department of Public Instruction website provides statistics on the location

and number of students with Limited English Proficient skills. This information may provide an

alternate method of identifying LEP populations. Their website is located at

www.dpi.state.nd.us

A-19

Unite

d States Access Board, a Federal Agency Committed to Accessible Design, is an

independent federal agency devoted to accessibility for people with disabilities. The Board is a

leading source of information on accessible design.

Their website is located at www.access-board.gov

ited State Census Bureau, at the Census Bureau Web Site provides on-line access to Data

on Race and Hispanic Origin, Age, Employment, Income, Marital Status, Education, Genealogy,

Businesses, Governments and more. It is located at www.census.gov

Put your mouse on

Data and select American Fact Finder where you can locate detailed data sets. There is a Help

tab available on the Fact Finder ribbon.

U.S. Department of Justice, Americans with Disabilities Act, ADA Home Page is found at

www.ada.gov

• Search- Title II Technical Assistance Manual.

o Select the Title II Technical Assistance Manual (1993) and Supplement to view a

56-page manual that explains in lay terms what State and local governments

must do to ensure that their services, programs, and activities are provided to th

ublic in a nondiscriminatory manner. Many examples are provided for practica

guidance. (Spanish edition available)

US Department of Transportation, Federal Highway Administration (FHWA) carries out the

Federal highway programs in partnership with the State and local agencies to meet the Nation's

transportation needs. FHWA’s website hosts vast information about nondiscrimination issues.

FHWA’s Home Page is found at

www.fhwa.dot.

gov Under Programs, select Browse by Topic,

and see specifically the following:

• Search- Overview Environmental Justice

o Describes and explains Environmental Justice (EJ) issues

• Search- Civil Rights FHWA

o Under Programs – Select and read about FHWA Programs

• Title VI and Nondiscrimination

• Limited English Proficiency

• Americans with Disabilities Act (ADA)/Section 504 of the Rehabilitation Act of

1973 (504)

• Many other

A-20

Notice of Disclaimer

The Bismarck-Mandan Metropolitan Planning Organization (MPO) follows the provisions of

Title VI and Nondiscrimination as required by Federal Law. The MPO has developed this

Auxiliary Aids and Services resource document on an "as is" basis as a public service.

Under no circumstances does the MPO warrant or certify the information to be free of errors

or deficiencies of any kind. The MPO specifically disclaims all warranties, express or implied,

including but not limited to the warranties of merchantability and fitness for a particular

purpose.

The use of any of this information for work which is under contract with the MPO does not

relieve the user from any obligations assumed by the contract, or from complete and proper

fulfillment of the terms of the contract, nor does it entitle the user to compensation for

damages of loss which could be attributed to such use.

This information is subject to change by the MPO. Anyone relying on this information should

satisfy himself/herself as to the most current version. The user agrees to accept all risks and

consequences flowing from or related to the use, retention, distribution, alteration, or deletion

of this information. The MPO will in no instance be liable for any loss of profit or other

damage, including but not limited to special, incidental, consequential, or other damages,

even if apprised of the likelihood of such damages.

A-21

A-22

After you have completed this form, please place it in the designated location.

PLEASE USE DARK INK AND PRINT CLEARLY

The Civil Rights Act of 1964 and related nondiscrimination authorities require the North Dakota

Department of Transportation to ensure everyone has the opportunity to comment on the transportation

programs and activities that may affect their community.

To help with that, we ask that you respond to the following questions. You are not required to disclose

the information requested in order to participate. Any information provided to the NDDOT will be

retained solely for the purpose of collecting statistical data to ensure inclusion of all segments of the

population affected by transportation programs and activities.

Div/Dist Number

PCN

County

City

MPO

Event Date

Language most frequently spoken in your home:

Sex:

Disability:

Age:

Do you receive public assistance?

Indicate how you heard about the event:

Race:

ROW

Consultant

Subrecipient

For Office Use

Internet

Radio

Social Service Agency

Newspaper

Advocacy Group (which group)

Other

Mailing

Television

NDDOT Contact

Female

Male

Yes

34 and younger

35-54

55 and older

American Indian/Alaskan Native

Asian

Black/African American

Hispanic or Latino

Native Hawaiian/Other Pacific Islander

White

Other

Yes

Arabic

Bosnian

Croatian

English

German

Nepali

Russian

Serbian

Somali

Spanish

Swahili

Turkish

Vietnamese

Other

Negotiation

Relocation

Yes

Bismarck-Mandan

Fargo-Moorhead Metro COG

Grand Forks-East Grand Forks

Sub Recipient Title VI Public Participation Survey

Instructions

NDDOT developed the Title VI Public Participation Survey to collect statistical data of participants and

beneficiaries of NDDOT and its’ sub recipient’s programs. This survey is a means to determine if

FHWA or FTA financial assistance is reaching communities and populations that need the assistance

as well as a means to quantitatively monitor the performance of our Title VI and nondiscrimination

programs.

1. At your event, explain the purpose of the survey. The purpose of the survey is printed on the

survey along with instructions on filling out the survey. The language question is intended to

capture Limited English Proficiency (LEP) persons attending. The public assistance question i

ntended to capture traditionally underserved populations attending. Encourage event

attendees to complete the survey. (Only the public attending the events should complete the

survey. It is not intended for NDDOT, city, county, or consultant employees who are hosting the

event.)

2. Process the survey information within your agency.

NDDOT Survey Processing

Sub recipients may send the completed surveys to the Local Government Division, NDDOT, for

processing, if you have 30 or more responses. The NDDOT will process the completed surveys. The

results will be provided to you from the Local Government Division.

The Title VI Public Participation Survey has been set up by NDDOT for use with the ILINX Capture

Program. The surveys are scanned documents that automatically sort and record data into a file. The

data file has the capability to be sorted on identifying information to produce a variety of reports.

If you choose to have NDDOT process your surveys, please follow the procedures listed below.

1. ILINX Capture requires specific processing to ensure accurate and timely reports. Prior to

printing the survey, specific fields must be completed. Use leading zeros.

• Event Date: Enter the date the event is being held.

• City: Enter the ND city number. See code list on NDDOT website at

http://www.dot.nd.gov/divisions/civilrights/subrecipients-titlevi.htm

• County: Enter the ND county number. See code list on NDDOT website at

http://www.dot.nd.gov/divisions/civilrights/subrecipients-titlevi.htm

• Division/District Number: Leave blank. For NDDOT use only.

• Project Control Number (PCN): Enter number if applicable. If there are multiple PCN’s,

only enter the Parent PCN.

• Right of Way (ROW): Select/shade the appropriate oval only if the survey is being

completed for the specific activity selected.

• Consultant: Enter the Consultant ID number. See the Pre-Qualified Consultant List on

NDDOT website at http://www.dot.nd.gov/business/consultants.htm

For Consultants not

listed, leave blank.

• MPO: For use by MPO’s only. If you are an MPO, select/shade your MPO area.

• Su

b recipient: Select Yes.

2. Save the survey completed with identifying information to your files. Do not copy the surveys for

use at public events. Copies will not scan by the ILINX Capture program.

a. Print as many original documents as you need for your event.

GOALS AND ACCOMPLISHMENTS

FY2014 Goals and Accomplishments

The North Dakota Department of Transportation conducted an audit of the Bismarck-

Mandan Metropolitan Planning Organization’s Title VI and Non Discrimination Program

on June 26, 2014. The audit resulted in the following goals for 2014:

1. Update forms within the Title VI Plan

a. Revised the Title VI Policy Statement and Assurances document to reflect

the new Policy Board Chairman as signatory

b. Included the ADA form for Request of Reasonable Accommodation

c. Added the Bismarck-Mandan MPO logo to all forms

2. Increase accessibility by the general public to the Title VI Plan and Policy

Statement, LEP Plan, and Title VI Complaint and Procedures Forms

a. Printed versions of these documents have been placed in display racks

positioned at both main entrances of the building in which the Bismarck-

Mandan MPO is located.

b. These documents are now all accessible via Face Book.

3. Identify appointed positions within the Bismarck-Mandan MPO and indicate how

they are filled

a. A new section of the Title VI plan, “Organization, Staffing, &

Responsibilities” was created to identify the organization and staffing of

the MPO, including positions on MPO committees (Technical Advisory

Committee) and boards (Policy Board).

b. Responsibilities relative to Title VI and Non Discrimination Plan for each

position are provided within the new section, “Organization, Staffing, &

Responsibilities”.

4. Identify an ADA Coordinator for Bismarck-Mandan MPO Title VI purposes

a. The Bismarck-Mandan MPO employs less than 50 employees, and is

therefore not required to create and maintain an ADA Transition Plan.

However, an ADA Coordinator has been identified for Bismarck-Mandan

Title VI purposes. This information, including contact information for the

ADA Coordinator and how to file a complaint, is provided in several areas:

i. Within the Title VI and Non Discrimination Plan document in the

“Organization, Staffing, & Responsibilities” section

ii. On printed material posted at each of the two main entrances of the

Bismarck-Mandan MPO worksite

iii. On the MPO webpage

iv. On Face Book

5. Provide a minimum of one hour of training annually related to Title VI to all MPO

staff

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GOALS AND ACCOMPLISHMENTS

FY2015 Goals and Accomplishments

The Bismarck-Mandan MPO conducted a self- audit of its Title VI and Non

Discrimination Program on March 30, 2015. The self-audit resulted in the following

goals for 2015:

1. Update Title VI Plan

a. All references to “handicap” or “handicapped” were changed to “disability”

or “disabled”, respectively.

b. Updated Employee / Member information table

c. Updated forms

i. Title VI Complaint Form and Instructions

ii. ADA Request for Reasonable Accomodations Form and

Instructions

d. Updated Title VI Assurances and related appendices

e. Updated the Limited English Proficiency Plan

f. Updated Auxiliary Aids and Services portion, and added a disclaimer

2. Develop an ADA Program Access Plan as part of the Title VI document

a. The title of the document was changed to reflect the inclusion of ADA

requirements

b. New language was added throughout the Title VI Plan to reflect ADA

requirements.

c. A new appendix was added to the Assurances. Appendix E provides the

nondiscrimination statutes and authorities relevant to Title VI

d. Forms were updated

i. Title VI/ADA Complaint Form and Instructions

ii. Request for Reasonable Accommodations Form and Instructions

3. Seek ways to diversify employment recruitment efforts relative to attracting

female or minority applicants - ongoing

a. City of Bismarck Human Relations Committee

b. City of Bismarck Human Resources Department

4. Provide a minimum of one hour of training annually related to Title VI to all MPO

staff

a. Staff viewed the video “Breaking Down the Language Barrier” and

participated in review of identification of LEP individuals and use of the “I

Speak” language lists and utilizing the telephonic interpretation service.

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GOALS AND ACCOMPLISHMENTS

FY2016 Goals and Accomplishments

The Bismarck-Mandan MPO conducted a self- audit of its Title VI and Non Discrimination/ADA

Program Access Plan on March 30, 2016. The self-audit resulted in the following goals for 2016:

1. Update Title VI Plan

a. All references to “Title VI and Non-Discrimination Plan” were changed to “Title VI and

Nondiscrimination/ADA Program”

b. Updated the Policy Statement to include language to appropriately address ADA

requirements

c. Updated Organization, Staffing & Responsibilities Section

i. Employee / Member information table

ii. MPO Executive Director – reference to MPO Bylaws

1. New revision date of Bylaws

2. Article IV, 4.c changed to Article IV, 6.c

3. Executive Director position assigned to the Principal Transportation

Planner of the MPO

iii. Office Assistant changed to Transportation Specialist

iv. Updated Section F, Technical Advisory Board and Section G, Policy Board, to

reflect Bylaws revision date and change in Article and Section reference

v. Updated the Complaint Procedure

1. Added an introduction

2. Revised all language to include ADA references

3. Deleted Sections

a. Scope of Title VI Complaints

b. Formal Title VI Complaint Procedure

4. Added Sections

a. Agencies Authorized to Receive Complaints

b. Persons Eligible to File

c. Filing a Complaint

d. Timeframes for Filing a Complaint

e. Complainant Represented by Attorney

f. Complaints Received by BMMPO

d. Updated maps to include overlay of TIP (Transportation Improvement Program) projects

on each

e. Updated forms

i. Title VI Complaint Form and Instructions

ii. ADA Request for Reasonable Accommodations Form and Instructions

2. Seek ways to diversify employment recruitment efforts relative to attracting female or minority

applicants - ongoing

a. City of Bismarck Human Relations Committee

b. City of Bismarck Human Resources Department

3. Provide a minimum of one hour of training annually related to Title VI to all MPO staff

a. Staff viewed the training video on ADA and Section 504 titled “Introduction-General

Overview-General Requirements” and participated in the self-test for each section of the

video

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GOALS AND ACCOMPLISHMENTS

FY2017 Goals and Accomplishments

The Bismarck-Mandan MPO completed a self- audit of its Title VI and Non

Discrimination/ADA Program Access Plan on March 31, 2017. The self-audit

resulted in the following goals for 2017:

1. Update Title VI Plan

a. Updated Organization, Staffing & Responsibilities Table

b. Updated LEP Plan

i. Update Meaningful Access: Four-Factor Analysis

1. Methodology Change

a. no longer using the entire MSA as obtained from

the US Census Bureau American Community

Survey as the MSA now includes data for

Burleigh, Morton, Oliver and Sioux counties

combined

b. Using data for the cities of Bismarck, Lincoln,

and Mandan which comprise the Urbanized

Area of the MPO

2. Language Other Than English statistical data

3. Language Spoken at Home table

c. Updated language maps to reflect new data from the American

Community Survey 2011-2015

i. German Spoken at Home map

ii. All Other Languages Spoken at Home map

2. Provide a minimum of one hour of training annually related to Title VI to all

MPO staff

a. Staff viewed the training video on ADA and Section 504 titled

“Program Accessibility” and participated in the self-test sections after

reviewing the previously-viewed sections “Introduction-General

Overview-General Requirements (originally presented 3/29/2016).

3. Seek ways to diversify employment recruitment efforts relative to attracting

female or minority applicants - ongoing

a. City of Bismarck Human Relations Committee

b. City of Bismarck Human Resources Department

4. Expand outreach efforts to ensure minority, women, elderly, disabled, low

income, and LEP populations are provided equal opportunity to participate

in MPO programs and activities

a. Local Social Service agencies

b. Minority publications

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GOALS AND ACCOMPLISHMENTS

FY2018 Goals and Accomplishments

The Bismarck-Mandan MPO completed a self- audit of its Title VI and Non

Discrimination/ADA Program Access Plan on March 28, 2018. The self-audit

resulted in the following goals for 2018:

1. Update Title VI Plan, External Complaints

a. Complainant Consent/Release Form

b. Notice About Investigatory Uses of Personal Information

2. Provide a minimum of one hour of training annually related to Title VI to all

MPO staff

a. Staff participated in a training session and exercise in discrimination,

viewing a training video titled “Blue Eyes, Brown Eyes” (3/28/18)

3. Seek ways to diversify employment recruitment efforts relative to attracting

female or minority applicants - ongoing

a. City of Bismarck Human Relations Committee

b. City of Bismarck Human Resources Department

4. Expand outreach efforts to ensure minority, women, elderly, disabled, low

income, and LEP populations are provided equal opportunity to participate

in MPO programs and activities - ongoing

a. Local Social Service agencies

b. Minority publications

c. Increased public outreach efforts to engage citizens less likely to

attend public meetings

i. Community sponsored events

ii. Citizen forums

iii. Focus groups

iv. Surveys

1. Online

Direct Mail

3. Public Events

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