Title VI – Schoharie County
Federal Section 5311 Civil Rights Plan

The Civil Rights Act of 1964 is legislation that outlawed major forms of discrimination against racial, ethnic, national and religious minorities, and women. It ended disproportionate application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public.

Powers given to enforce the act aimed to guarantee all citizens equal protection of the laws under the Fourteenth Amendment and its duty to protect voting rights under the Fifteenth Amendment. The Act was signed into law by President Lyndon B. Johnson.

Schoharie County is committed to ensuring that no person is excluded from participation in or denied the benefits of its services
on the grounds of race, color, national origin, disability, sexual orientation, or other protected status, as provided by Title VI of the Civil Rights Act of 1964, and as amended.

The objectives of the plan are to:

1.     Ensure the quality of service is provided without regard to race, color or national origin;

2.     Identify unreasonably high and unfavorable human health and environmental effects, including social and economic effects on minority and low-income populations;

3.     Promote open and fair participation of all affected populations in decision making;

4.     Prevent denial in benefits and activities that benefit minority and low-income populations; and

5.     Provide meaningful access to persons with limited English proficiency (LEP).

Management and staff share the responsibility for carrying out this commitment to Title VI.

Contained within this document are the following sections:

 

1.     PROCEDURES FOR FILING A CIVIL RIGHTS COMPLAINT

2.     ACCESS FOR PERSON’S WITH LIMITED ENGLISH PROFICIENCY (LEP)

3.     NOTIFICATION TO BENEFICIARIES

4.     PUBLIC OUTREACH AND INVOLVEMENT ACTIVITIES

5.     FAIR AND EQUITABLE DISTRIBUTION OF SERVICES

6.     EVALUATION OF SERVICE, FARE AND OTHER PROPOSED CHANGES

7.     SERVICE MONITORING PROCEDURES

8.     DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

9.     EQUAL EMPLOYMENT OPPORTUNITY (EEO)

APPENDIX 1 (COMPLAINT FORM)

APPENDIX 2 (GOOD FAITH EFFORT PROCEDURES)

 

SECTION 1

 

PROCEDURES FOR FILING A CIVIL RIGHTS COMPLAINT

 

POLICY

It is the policy of Schoharie County to ensure programs and services are implemented without discrimination through its civil rights policies and procedures. Schoharie County’s Title VI policy assures that no person or groups of persons shall, on the grounds of race, color, national origin, disability, sexual orientation, or other protected status be excluded from participation, denied benefits or otherwise subjected to discrimination under any and all programs, services, or activities offered. Schoharie County has a zero-tolerance policy regarding any form of unlawful discrimination against our customers. Discrimination, harassment, or retaliation against our customers is prohibited.

The objective is to:

  • Ensure the quality of service is provided without regard to race, color or national origin;
  • Identify unreasonably high and unfavorable human health and environmental effects, including social and economic effects on minority, low-income populations;
  • Promote open and fair participation of all affected populations in decision making;
  • Prevent denial in benefits and activities that benefit minority and low-income populations; and
  • Provide meaningful access to persons with Limited English Proficiency (LEP).

Schoharie County has the responsibility of coordinating program procedures, managing implementation and monitoring and the reporting process. The Title VI Plan is a shared responsibility of management and staff to identify and report civil rights violators. Training is provided to management and staff that receive and investigate complaints and come in contact with the populous.

 

Schoharie County has developed complaint procedures; however the complainant has the right to file formally with the Federal Transit Administration (FTA), or to seek private counsel.

 

PROCEDURES

The summary below is the procedures for filing a complaint and the process Schoharie County uses to investigation complaints. These procedures are used for all complaints received by Schoharie County for documentation, research, and processing.

 

1.     Any individual or groups of individuals who believe that they have been subjected to a discriminatory action, been excluded from participation, denied benefits, or subjected to harassment, retaliation, or other forms of discrimination based on race, color, national origin, disability, sexual orientation, or other protected status, under the program may file a complaint with Schoharie County by utilizing the Title VI complaint form found under Appendix 1. After completion please submit all documentation to Schoharie County at the following address:

 

Christine Kraemer, Transit Director

Schoharie County Public Transportation
114 Rock Road

Cobleskill, NY 12043

Phone: 518-234-0952
Fax:
(518)234-2046

 

Allegations received that imply harassment, retaliation, or unequal treatment in services will be processed as an allegation of discriminatory practice.

 

2.     All complaints, written or verbal, shall be accepted. Allegations received verbally shall also be submitted in writing, refusal to submit in writing will require the person whom the complaint is made against to submit in writing.

 

Complaints should include the following information:

a)     Name, address, and phone number, if provided;

b)     Basis of the complaint: race, color, national origin, etc;

c)     Date the alleged discriminatory incident occurred;

d)     Nature of the incident that led to the complaint;

e)     Location, date, time, route, vehicle ID, and other pertinent information;

f)      Names, addresses, and phone numbers of witnesses with knowledge the event.

g)     Other agencies, courts and contacts where complaint may also be filed.

 

All civil rights complaints received by Schoharie County shall be forwarded to the Title VI Coordinator.   Complaints will then be disseminated to appropriate administrative staff for investigation.

 

3.   Staff assigned shall investigate complaint(s) and assist the CRO in identifying and interviewing witnesses with knowledge or relevant information of the event. The accused will be informed and permitted to respond to the allegation. If necessary, additional information may be requested from the complainant and/or witnesses.

 

4.   As necessary, meetings may be requested with the complainant to discuss resolution. Staff investigating may request guidance from Schoharie County, as necessary.

 

5.   Upon completion of the investigative procedures, the assigned staff will draft a report based on the facts and submit it to Schoharie County, or appropriate agency. The report at minimum will contain the findings and conclusions concerning the complaint and recommendations for corrective and discipline actions, if necessary.

 

Violations found to exist will prompt appropriate action be taken, with progress of resolution monitored and reported. Any actions taken as a result of the investigation will be the responsibility of Schoharie County, or other governing agency. If no violation is found and the complainant is not satisfied, complaints may be filed directly with the FTA Office of Civil Rights.

 

6.   A letter will be provided to the complainant from Schoharie County that details the findings and conclusion, and corrective action taken or to be taken, if applicable.

 

7.   Schoharie County will maintain a complaint log of information pertaining to Title VI and other complaints of discrimination, harassment, or retaliation including: the date the complaint, summary of the allegation(s), status of complaint; and actions taken.

 

8.   Should Schoharie County receive a complaint in the form of a formal charge or lawsuit, Schoharie County may seek professional counsel to perform the investigation and other procedures described herein.

SECTION 2

 

ACCESS FOR PERSON’S WITH LIMITED ENGLISH PROFICIENCY (LEP)

 

Executive Order 13166: Improving Access to Service for Persons with Limited English Proficiency looks to ensure access to programs and services for individuals who are not proficient in the English language. This order states, individuals having difficulty with the English language and have limited ability to read, write or speak are entitled to assistance with respect to the applicable service they seek.

 

This LEP plan is consistent with the federal guidance and includes the steps the agency will take to ensure that eligible LEP persons can meaningfully access programs and activities.

As a condition of receiving federal assistance, this LEP Plan flows down to recipients and subrecipients to which funds are provided.

 

This LEP plan covers programs that receives federal financial assistance and includes, but is not limited to, grants, training, donations and other assistance. This means all elements of Schoharie County’s operations are covered. Simply put, any organization that receives federal financial assistance is required to follow this Executive Order.

 

Who qualifies as an LEP Individual?

Any individual who speaks a language other than English as their primary language, and who cannot speak English well or at all. In addition, individuals who have a limited ability to read, write or speak are considered LEP individuals. To comply with guidance and rules issued by the U.S. Department of Transportation, and Title VI of the Civil Rights Act of 1964, Schoharie County will take reasonable steps to ensure that all persons have meaningful access to its programs and services, at no additional cost.

 

The following LEP Plan has several elements contained in the overall assessment used to identify LEP individuals who need assistance. Implementation includes the development of language assistance measures, training, notification process, and a monitoring plan.

 

Assessment of Need

In order to develop this plan, Schoharie County implemented the following four (4) elements as assessment tools used to evaluate need.

 

1.     The number or percentage of LEP persons in the service area likely to encounter service.

2.     The regularity with which LEP persons come in contact with services.

3.     The importance of services provided to the LEP population.

4.     The resources available and overall costs to provide LEP assistance.

 

Element 1:

The number or percentage of LEP persons in the service area likely to encounter service

Understanding the profile of LEP individuals in service began with a review of the most current census data. Table 1 depicts the number and percent of persons who speak English less than well, by language spoken at home, and age.

Table 1

People QuickFacts

Schoharie County

New York

Population, 2013 estimate   

NA

19,651,127

Population, 2012 estimate   

32,099

19,576,125

Population, 2010 (April 1) estimates base   

32,749

19,378,105

Population, percent change, April 1, 2010 to July 1, 2013   

NA

1.4%

Population, percent change, April 1, 2010 to July 1, 2012   

-2.0%

1.0%

Population, 2010   

32,749

19,378,102

Persons under 5 years, percent, 2012   

4.8%

6.0%

Persons under 18 years, percent, 2012   

19.4%

21.8%

Persons 65 years and over, percent, 2012   

17.5%

14.1%

Female persons, percent, 2012   

50.1%

51.5%

 

 

 

White alone, percent, 2012 (a)   

96.3%

71.2%

Black or African American alone, percent, 2012 (a)   

1.3%

17.5%

American Indian and Alaska Native alone, percent, 2012 (a)   

0.3%

1.0%

Asian alone, percent, 2012 (a)   

0.8%

8.0%

Native Hawaiian and Other Pacific Islander alone, percent, 2012 (a)   

Z

0.1%

Two or More Races, percent, 2012   

1.3%

2.2%

Hispanic or Latino, percent, 2012 (b)   

2.9%

18.2%

White alone, not Hispanic or Latino, percent, 2012   

93.9%

57.6%

 

 

 

Living in same house 1 year & over, percent, 2008-2012   

84.9%

88.7%

Foreign born persons, percent, 2008-2012   

2.3%

22.0%

Language other than English spoken at home, pct age 5+, 2008-2012   

3.6%

29.8%

High school graduate or higher, percent of persons age 25+, 2008-2012   

87.7%

84.9%

Bachelor's degree or higher, percent of persons age 25+, 2008-2012   

19.9%

32.8%

Veterans, 2008-2012   

3,015

957,004

Mean travel time to work (minutes), workers age 16+, 2008-2012   

28

31.5

Housing units, 2012   

17,221

8,123,051

Homeownership rate, 2008-2012   

77.1%

54.5%

Housing units in multi-unit structures, percent, 2008-2012   

14.7%

50.5%

Median value of owner-occupied housing units, 2008-2012   

$147,800

$295,300

Households, 2008-2012   

12,627

7,230,896

Persons per household, 2008-2012   

2.45

2.6

Per capita money income in past 12 months (2012 dollars), 2008-2012   

$25,477

$32,104

Median household income, 2008-2012   

$51,896

$57,683

Persons below poverty level, percent, 2008-2012   

11.1%

14.9%

 

 

 

Business QuickFacts

Schoharie County

New York

Private nonfarm establishments, 2011   

556

521,537

Private nonfarm employment, 2011   

5,365

7,369,731

Private nonfarm employment, percent change, 2010-2011   

-1.9%

1.4%

Nonemployer establishments, 2011   

1,867

1,596,899

 

 

 

Table 1 Continued

Business QuickFacts Continued…..

Schoharie County

New York

Total number of firms, 2007   

2,307

1,956,733

Black-owned firms, percent, 2007   

S

10.4%

American Indian- and Alaska Native-owned firms, percent, 2007   

F

0.7%

Asian-owned firms, percent, 2007   

S

10.1%

Native Hawaiian and Other Pacific Islander-owned firms, percent, 2007   

F

0.1%

Hispanic-owned firms, percent, 2007   

S

9.9%

 

 

 

Women-owned firms, percent, 2007   

S

30.4%

 

 

 

Manufacturers shipments, 2007 ($1000)   

0

162,720,173

Merchant wholesaler sales, 2007 ($1000)   

36,031

313,461,904

Retail sales, 2007 ($1000)   

268,923

230,718,065

Retail sales per capita, 2007   

$8,422

$11,879

Accommodation and food services sales, 2007 ($1000)   

21,552

39,813,499

Building permits, 2012   

31

24,872

 

 

 

Geography QuickFacts

Schoharie County

New York

Land area in square miles, 2010   

621.82

47,126.40

Persons per square mile, 2010   

52.7

411.2

FIPS Code   

95

36

Metropolitan or Micropolitan Statistical Area   

Albany-Schenectady-Troy, NY Metro Area

 

 

 

 

(a) Includes persons reporting only one race.

 

 

(b) Hispanics may be of any race, so also are included in applicable race categories.

 

FN: Footnote on this item for this area in place of data

 

 

NA: Not available

 

 

D: Suppressed to avoid disclosure of confidential information

 

 

X: Not applicable

 

 

S: Suppressed; does not meet publication standards

 

 

Z: Value greater than zero but less than half unit of measure shown

 

 

F: Fewer than 100 firms

 

 

Source: US Census Bureau State & County QuickFacts

 

 

 

Element 2:

 

The frequency of contact with LEP individuals is predominantly determined through density analysis of LEP populations in comparison to an overlay of existing routes (as shown below) and survey distribution on an annual basis.

 

The map below indicates LEP populations have strong coverage by current services offered.

 

MAP of Service Area versus LEP population

 

Schoharie County LEP Population

Region 9 LEP Population Image

Schoharie County Transit Service Coverage Map

Transit Service Coverage Image

 

 

 

Survey development and distributed consists of compiling information about frequency of contact with LEP individuals from management, staff and drivers as well as seat drops for riders and web based surveys. Types of questions consist of: do you speak English, how well do you understand English, what language do you speak, how often do you assist LEP customers, and to identify which languages are most encountered.

 

Given that language spoken other than English accounts for a 3.6% of Schoharie County’s population transit service coverage would need to be consistent within the county. The above maps indicate substantial coverage exists from the county transit services. The county transit services also provide countywide demand response in addition to our deviation services.

 

Element 3:

 

The importance of services that can be utilized effectively by LEP population can have positive affects to access health care, education and employment. Public transit is a key resource in achieving mobility for many LEP persons.

 

Schoharie County looks to provide service information, riding instructions, ADA and Civil Rights information, complaint procedures, detours, route changes, fare increases and other critical services and limitations that may affect individuals; in all vehicles, and on all schedules, timetables, social networks and websites.

 

Community Outreach considers the limits of information exchange and the need to reach out to the following community-based organizations that work with LEP populations.

 

Community Action programs

Independent Living networks

Social Services departments

Aging departments

Work force development groups

Translator networks

CDTA

 

Schoharie County performs outreach in the form of questionnaires/surveys intended to obtain information on languages spoken, trends, program awareness and services offered. Further identified are the needs of LEP populations that are not being met and barriers to service use. At this time all needs seem top have adequate coverage.

 

Element 4:

The resources available and overall costs to provide LEP assistance.
Schoharie County is committed to assuring that resources are used to reduce the barriers that limit access to LEP populations to the best of our ability, and that information and services is disseminated to LEP persons in a timely manner. While Schoharie County does not track these expenses to providing language assistance, ongoing monitoring of this task is constant. Schoharie County will continue to plan within its budget, funding to meet compliance.

 

Some planning activities include:

1.     Schoharie County staff that seek out translating assistance;

2.     Development of various public outreach documents;

3.     Engaging higher learning intuitions like SUNY at Cobleskill;

4.     Web site presence;

5.     Training and customer service programs;

6.     Planning department activities such as conducting public hearings;

7.     Flexible schedules and timetables;

8.     Regular meetings with local community

 

Assistance strategies include:

1. First encounter planning when engaging an LEP individual;

2. User-friendly web presence;

3. Notification in applicable languages that meet the 5% or one thousand persons threshold

4. Identify vital materials for distribution

5. Identify bilingual needs and look to address as applicable;

6. Identify translation services and technologies needed.

 

Assessment Measures of LEP Population

 

The assessment of the number or percentage of LEP individuals that could be served and/or encountered within our service area is 3.6% but meets the thousand persons threshold.

 

Schoharie County will provide written instructions for all applicable employees who regularly interact with the public, about how to respond and assist an LEP individual. Policy developed will look to ensure competent interaction through known obligations to allow for meaningful access to information, services and training.

 

Training

1.     Staff will receive this LEP plan upon being hired explaining LEP policies and procedures.

2.     Staff having contact with the public will undergo trained with regards to working effectively in-person and through interpreters.

3.     Mandatory training is required for front line staff at hiring and at refresher intervals determined by management. Training will further include the definition of a service area, programs and activities affected, LEP determinations and thresholds, types of LEP services that are available, and the importance of compassionate practices across all populations.

4.     State and Federal training programs and webinars will be mandatory to the extend they are practical.

5.     Best practices identified for engaging LEP populations will look to be collected on an on-going basis.

6.     This plan will be considered a living document that organizes the research, planning and other materials used to disseminate information to our staff, affected agencies and the public.

 

Schoharie County issues its LEP policy and procedures to all front-line employees required to understand the integration of LEP individuals. This is performed under many different circumstances such as: Orientation of new employees, Training and customer service, during operations, at first encounter, etc.

 

 

Notice:

Schoharie County, having established services that can provide outreach, also has a responsibility to provide awareness of the availability of those services to the LEP populations. This is performed by publishing material (posted in applicable languages) for dissemination on vehicles, stop locations, transfer points, agencies of need, web presence, social networks, translators, community organizations, local media, newspapers, schools and colleges, community and religious organizations and other available outreach services.

 

Some locations of posting include:

Transit website

Transit Vehicles

Wal-Marts Shopping Plaza

Dollar Stores

Human Service agencies

Community organizations

Places of worship

 

Monitoring and changing the LEP Plan

Schoharie County monitors outreach procedures on an ongoing basis through a systematic approach of feedback generated by questionnaires, surveys, census changes. Localized LEP population and feedback from community based organizations that serve LEP communities also keep us apprised of their needs and changes.

 

Schoharie County considers the information provided and makes changes to the language assistance plan as necessary with input from the population and their affected organizations. The plan otherwise is updated on a triennial basis (every 3 years).

 

 

SECTION 3

 

 

NOTIFICATION TO BENEFICIARIES

 

The text below was developed and is deployed, in applicable languages, on all schedules, brochures, vehicles and facilities to be conspicuously posted for the duration services exist.

 

Schoharie County is committed to providing non-discriminatory service to ensure that no person is excluded from participation in, or denied the benefits of, or be subjected to discrimination in the receipt of its services on the grounds of race, color, national origin, disability, sexual orientation, or other protected status as protected by Title VI of the Civil Rights Act of 1964 ("Title VI").

 

To request additional information about Title VI, or if you believe you have been subjected to discrimination and would like to submit a written complaint, you may contact:

 

Christine Kraemer, Transit Director

Schoharie County Transit System

114 Rock Road
Schoharie, NY 12043

Phone: 518-234-0952

Fax: (518)234-2046

 

 

  

SECTION 4

 

 

PUBLIC OUTREACH AND INVOLVEMENT ACTIVITIES

 

Schoharie County makes a concentrated effort to involve customers and the general public, including minority, low-income, and LEP populations within the service area when conducting public outreach and involvement in service changes or other decisions that have an impact on their lives. A variety of approaches and outreach activities are utilized to engage interested parties and members of the public regarding service ideas, changes and modifications that affect the many individuals who depend on it. Changes can be made for a variety of reasons such as construction, financial constraints, plan reviews, and regular schedule updates. The methods used to inform the public of these changes include newspapers, press releases, media outlets, notification to community based organizations, correspondence and advocacy of minority predominant communities, agency website, surveys and seat drops on service routes.

 

Public Meetings

Public meetings are offered to further share information and gather input from the public. These meetings are publicized through many of the same means stated above.

 

Monthly meetings

Monthly meetings include outreach to affected communities for on-going input of needs, changes and other relevant topics to improve services.

 

Public Hearings

Public hearings are provided when formal comments from the public regarding plans that impact services are desired and/or requested. Notices of public hearings are published in newspapers as well as many of the same means stated above.

 

 

 SECTION 5

 

FAIR AND EQUITABLE DISTRIBUTION OF SERVICES

 

Schoharie County is committed to maintaining fair and equitable distribution of services and amenities. The selection of routes and placement of shelters and other amenities is prioritized based on, population densities; census analysis, demographic analysis of low income, elderly and LEP populations, projected number of boarding’s, safe and accessible locations, community input, passenger data and financial constraints.

 

Since transit funds are limited, providing all inclusive services is unlikely, therefore, we’ve developed a methodology for allocation of services based on serving population concentrations, identifying walkable communities, individuals in need of lifeline services, appropriate vehicle assignment that place accessible vehicles where most needed, optimizing spacing of bus routes and distribution of timetables that offer broader coverage of service area and hours in revenue service. The premise of this methodology is to offer the best possible service distribution while promoting freedom of mobility to as many individuals as possible.

 

The timetables contained in our route schedules are the by-product of the methodologies applied in support of reasonable utilization and distribution levels. In areas that do not reveal characteristics associated with the prioritizing criteria, such as sparsely populated areas, the standard approach is to seek out partners in support of services that bring resources to expansion deemed important and necessary.

 

While distribution of services and amenities is not an exact science, the intent of our methodology outlined above is to offer a uniform and non-discriminatory approach to distribution of services that meet the intent of Title VI while serving our customers as widely and completely as resources allow.

 

MAP of Service Area versus population density

Schoharie County Population Density    

Population Density Image

Schoharie County Transit Service Areas

SCPT Service Area Map Image

 

Population 32,099 (Estimated 2012)

Population Density: 52.7/sq mi (2010 Census)

 

SECTION 6

 

EVALUATION OF SERVICE, FARE AND OTHER PROPOSED CHANGES

 

Evaluation of routes, fare structure and other proposed changes that have an impact, minor or major, on services are evaluated based on established guidelines that include all segments of the community.

 

Evaluation Guidelines and Criteria:

1.     Minor changes, are changes that affect 25% or less of an individual route;

2.     Major changes, are new services or changes that affect 25% or more of an existing individual route. Major changes include but are not all inclusive:

a.      New transit service;

b.     Increase of more than 25% in the revenue vehicle miles operated on a route;

c.      Increases of more than 25% in the annual number of service hours on a route;

d.     Discontinuance or a temporary service change;

e.      Mother nature;

f.      Infrastructure failure;

g.     Reduction in resources (budget constraints);

h.     Service consolidation.

i.       Restructuring and/or raising fares

 

All riders utilizing services are considered in the evaluation process. This is the case so as not to disproportionately impact minority and low-income individuals. The previously explained “Public Outreach and Involvement Activities” are implemented as the process for involving all segments of the population in the decisions that affect their lives and mobility concerns. All proposals and concerns are vetted and ultimately voted on in a fair and open manner as deemed appropriate to bring issue(s) to resolution.

 

Protest and Mitigation

Schoharie County will, through the previously mentioned “Procedures for filing a Civil Rights Complaint”, address protests to changes that an individual or individuals feel have a disproportionately high and adverse effect on their lives, to come to resolution on the matter.  Should resolution move forward in a manner not satisfactory to all, Schoharie County will provide mitigation through outreach to the affected populations by whatever means possible to inform, clarify and assist in the transition.

 

 

SECTION 7

 

SERVICE MONITORING PROCEDURES

Service monitoring is undertaken periodically, in both, scheduled and unscheduled observations. The overarching goal of service monitoring of activities is to compare the level and quality of service provided to minority, low income and LEP populations.

 

Level of Service – This is performed through announced and unannounced ride alongs to observe routes and interaction. This offers real time monitoring of performance of routes and staff, and as available, will be complimented with surveys and interviews. This sampling is then compared to adherence with in-place policy and used in recommendations and updates.

 

Level of Availability - This is also performed through announced and unannounced ride alongs to observe service availability to ascertain if areas with service are being met efficiently or in need of more transit service. Periodic census analysis is also part of this observation to determine other areas that may have a need, but are not currently serviced. This sampling offers real time and snapshot views into availability of service.

 

Any concerns discovered in services and availability is vetted through committee to ascertain the inconsistencies and seek corrective measures as necessary.

 

Schoharie County reviews monitoring procedures every one to three years or when governmental changes occur to make revisions to outdated service standards and procedures. Schoharie County’s procedures are designed for system wide implementation as well as route by route review.

 

 

SECTION 8

 

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

 

Explanation

Schoharie County is responsible for ensuring that DBEs are provided the maximum opportunity to compete for and perform contracts and subcontracts financed in whole or in part with federal funds.  In addition, we will not discrimination on the grounds of race, color, national origin, disability, sexual orientation, or other protected status in the award and performance of FTA-assisted contracts. 

Who must have a DBE Goal and Plan?

All entities that receive FTA federally assisted funds over $250,000 used in contracts (except for transit vehicle purchases) in a federal fiscal year for planning, capital, and/or operating assistance purposes.

 

Current level of Federally Assisted Funds received other than rolling stock totals $207,300.  Since this value is less than $250,000 Schoharie County is not required to have a DBE Plan.

Is a DBE Goal and Plan required?

YES

 

NO

X

 

While Schoharie County is not required to provide a DBE plan, we still are required to make good faith efforts in contacting opportunities for projects involving federal assistance. Outlined below is the County’s DBE outreach process implemented to promote contracting opportunities to DBE firms.

 

Components of Schoharie County’s DBE outreach process

 

1.     The current DBE goal - as applicable Schoharie County will make available through public notice and all solicitations its Disadvantaged Business Enterprise (DBE) goal for the current fiscal year. No goal is currently required.

 

Comments and questions should be directed to: 
Christine Kraemer, Transit Director

Schoharie County Public Transportation
114 Rock Road

Cobleskill, NY 12043

Phone: 518-234-0952
Fax:
(518)234-2046

 

2.     Recent DBE activity – Upon request all recent DBE activity will be provided including names, addresses, and telephone numbers of DBEs utilized;

3.     Good faith efforts made to ensure participation – As required good faith efforts will be performed to ensure a level playing field is provided. Upon request all recent good faith effort activity will be provided in a format similar to that described in Appendix 2;

4.     Current listing of DBE firms – Schoharie County will maintain and produce, upon request, a current listing of qualified DBE firms and locations (websites, etc) it utilizes to find and reach out to DBE firms;

Some search locations and local DBE firms utilized are listed below:

 

New York State Department of Transportation search directory.

https://www.dot.ny.gov/main/business-center/civil-rights/ucp-directory

MBE/WBE/DBE directory.

http://www.government-vendor.us/MBE_WBE_DBE_Companies/Women_Owned_Business/New_York/more56.html

Ciccone & Son, Schoharie, NY 12010

6585 Rt. 30   Schoharie, NY 12010

Ilyadis 21 Albany, NY

Admin assistance, bookkeeping, etc.

Tantaquigeon Office supplies Albany, NY

Office Supplies

Allen Lacey, Albany, NY

Architect

Advance Welding & Fab, Inc           

Construction

Argus Architecture & Preservation

Architecture & Preservation

 

5.     Procedures in place to ensure work is performed - Once contracts are engaged Schoharie County, in cooperation with the prime or subprime contractors, will work with DBE firms to ensure success towards meeting their commitments. This includes regular oversight and review of work performed by the prime, subprime and DBE subcontractors. Additionally, prime contractors are required to submit invoices with documentation confirming the level of participation and payments to subcontractors and DBE’s.

6.     Complaint procedures – The complaint procedures found earlier in this document and form found under Appendix 1 serves as the process for filing a complaint.

7.        Listing of any complaints received, current status and resolution if applicable – All complaints are documented and filed for future reference and available upon request.

 

Schoharie County will continue to work to obtain the participation of DBEs by developing solicitations that meet requirements. For more information regarding the DBE program please contact:

Christine Kraemer, Transit Director

Schoharie County Public Transportation
114 Rock Road

Phone: 518-234-0952
Fax: (518)234-2046

 

SECTION 9

 

EQUAL EMPLOYMENT OPPORTUNITY

 

Schoharie County’s Equal Employment Opportunity Plan (EEO) if applicable is a comprehensive process for analyzing labor markets, employment practices, barriers to the participation of women and minorities in all levels of a recipient's workforce. Its purpose is to ensure the opportunity for full and equal participation of men and women in the workplace, regardless of race, color, national origin, disability, sexual orientation, or other protected status.

 

Current requirements include: receiving capital assistance in excess of $1 million, or planning assistance in excess of $250,000 and having more than 50 transit employees.

 

Current level of Capital Assistance is less than $200,000 and the current level of Planning Assistance is $ 0. The current number of employees equal 22.  Since no threshold is equal to or greater than the thresholds stated above Schoharie County is not required to have an EEO Plan.

 

Is an EEO Plan required?

 

YES

 

NO

X

 

Should Schoharie County reach the thresholds necessary to develop an EEO Plan it would be implemented as outlined below:

 

If these plateaus are met Schoharie County will submit an EEO Plan and provide updates yearly to ensure compliance as outlined below.

 

1.           The current number of transit specific employees will be identified and documented;|

2.           Total FTA funds received will be identified and documented;

3.           Schoharie County will assign staff designated as responsible to monitor all employment
    related activity;

4.           The section of the civil rights plan will serve as policy and part of employee training;

5.           Complaint procedures are in place as outlined under “Procedures for filing a Civil Rights

    complaint” found earlier in this document and the “Complaint Form” under “Appendix 1”;

6.           Listing of any complaints received will be maintained including, current status and resolution if

    applicable;

7.         Schoharie County will maintain a working environment free of discrimination,    

    harassment, coercion and coercion at all locations;

 

8.           Schoharie County will reviews its plan yearly and post updates and posters in prominent  

    locations where all employees have access to review it;

9.           Review annually of adherence to EEO Plan will be performed as well as discussions with

    subcontractors whom Schoharie County anticipates doing business upon request;

10.        Schoharie County will document and maintain all bid solicitations and outreach efforts;

11.        Schoharie County will disseminate information through various media outlets and  

    provides copies of these advertisements upon request;

12.        Schoharie County will disseminates its EEO Plan to union and community organizations;

13.        Schoharie County will provide immediate notification when any action impedes efforts to  

    maintain its plan;

14.        Schoharie County will maintain a list of sources, outreach activities and record of
    responses;

15.        Schoharie County will maintain a file of names, addresses and phone numbers of
    applicants and employment action taken;

16.        Schoharie County encourages current employees to recruit others;

17.        Schoharie County will maintain an employment selection process and other selection
    criteria;

18.        Schoharie County will maintain documentation for on-the-job training opportunities;

19.        Schoharie County will conduct annual evaluations and prepare employees for tests and
    promotional opportunities;

20.        Schoharie County will maintain a working environment non-segregated except for
    providing accommodations for separate restrooms and other privacy matters.

 

 

 

 

APPENDIX 1

COMPLAINT FORM

 

Schoharie County is dedicated to ensuring that no person is excluded from participation or denied benefits of services on the basis of race, color, national origin, disability, sexual orientation, or other protected status, as provided by Title VI of the Civil rights Act of 1964 and as amended, and prohibits discrimination against people with disabilities The Americans with Disabilities as provided by Act (ADA) of 1990 and as amended.

 

Complaints must be filed within 180 days from the date of the alleged discrimination with the following information provided to assist in processing. If you require assistance in completing this form, please contact Schoharie County by calling 518-234-0952. Return the completed form to:

Christine Kraemer, Transit Director

Schoharie County Public Transportation
114 Rock Road

Cobleskill, NY 12043

Phone: 518-234-0952
Fax: (518)234-2046

Please fill out complainant information below (if someone other than the complainant, please fill out the last two boxes as well):

Type of Complaint: (please check one)

Check Box ImageCheckbox ImageCheckbox ImageCheckbox ImageCheckbox Image Civil Rights                LEP                DBE

Checkbox Image ADA                           EEO               Other

Name:

 

Address:

 

City:

 

State:

 

Zip:

 

Phone:

 

Email:

 

Person(s) discriminated against (if someone other than complainant):

 

Address (if someone other than complainant):

 

 

 

Which reason best describes the alleged discrimination that took place? (Please check one)

Race

 

Color

 

National Origin

 

Disability

 

Sexual Orientation

 

Other discrimination/allegation

(please explain in detail)

 

 


Description of Complaint:                                                       Date of incident: ____/____/____

 

Please describe the alleged discrimination in as much detail as available, such as: date, time, route number, location, vehicle number, names and titles of all staff involved, reason for complaint, explanation of actions leading to complaint, whom you believe responsible and any  witnesses including their contact information. Please use additional sheets of paper as necessary if additional space is required. _____________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


Have you filed a complaint with any other federal, state or local agencies? (Check one)

 

YES

 

NO

 

 

If yes, please list agencies and contact information below:

Agency Name:

 

Address:

 

City:

 

State:

 

Zip:

 

Phone:

 

Email:

 

Website Address:

 

Contact Person:

 

 

Agency Name:

 

Address:

 

City:

 

State:

 

Zip:

 

Phone:

 

Email:

 

Website Address:

 

Contact Person:

 

 

Agency Name:

 

Address:

 

City:

 

State:

 

Zip:

 

Phone:

 

Email:

 

Website Address:

 

Contact Person:

 

 

I affirm that I have read the above charge and that it is true to the best of my knowledge.

 

For Office use Only:

Date Received:

 

Received By:



 

________________________________ ___/___/___

Complainant’s Signature                               Date

 

___________________________________________

Print or Type Name of Complainant

 

APPENDIX 2
Good Faith Effort Procedures

 

Good Faith Efforts will be documented on contracts utilizing federal funds that have an established DBE goal. Award requires a bidder/offeror be able to show good faith efforts were performed to meet the goal.  A good faith effort is defined as one where the bidder:

 

1.      Documents that it has obtained enough DBE participation to meet the goal; or

2.      Documents adequate good faith efforts, even though it did not meet the goal.

 

This appendix “Good Faith Effort Procedures” provides the documented process that will be performed to demonstrate good faith efforts.

 

These efforts will be active steps, which could reasonably be expected to lead to sufficient DBE participation to meet the contract DBE participation goal. Schoharie County will consider all qualified DBEs, who express an interest in performing work under the contract. Schoharie County will not reject a DBE as unqualified unless sound reasons based on a thorough investigation of the DBE’s capabilities have been documented. Further, the DBE’s standing within its industry, membership in specific groups, organizations or associations and political or social affiliation (for example, union vs. non-union employee status) will not be cause for the rejection or non-solicitation of bids in Schoharie County efforts to meet the contract DBE participation goal.

 

The following, which is not all inclusive, list types of actions Schoharie County will take to meet the DBE goal. The extent and type of actions required will vary depending on such things as industry practice, the time available for submitting a bid and the type of contract.

 

1.      Schoharie County will encourage attendance at pre-bid meetings to inform DBEs of subcontracting opportunities under a given solicitation.

2.      Schoharie County will advertise in circulation media, trade association publications, and minority-focus media.

3.      Schoharie County will provide written notification to capable DBEs that their interest in the contract is solicited.

4.      Schoharie County will document efforts to negotiate with DBEs for sub-contracts including:

a.      The names, addresses, and telephone numbers of DBEs contacted and the date;

b.      Descriptions of the information provided to, and work to be performed by DBEs;

c.      The proposed dollar amount for each DBE firm;

d.      Written documentation of the DBE’s confirmation that it is participating;

e.      Documentation showing DBE certification;

f.       A statement explaining why additional agreements with DBEs were not reached;

g.      Copies of each DBE and non-DBE subcontractor quote received.

 

5.      For DBE bidders contacted but rejected as unqualified, the reason for that conclusion.

6.      Documentation of efforts made to assist the DBEs contacted that needed assistance in obtaining bonding or insurance required by the bidder.

7.      Documentation of efforts to utilize the services of small business organizations, community and contractor groups to locate qualified DBEs.

8.      Documentation that the bidder has broken out contract work items into economically feasible units in fields where there are available DBE firms to perform the work.

9.      Evidence that adequate information was provided to DBEs about the plans, specifications and requirements of the contract, and that information was communicated in a timely manner.

10.   Documentation of any efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services.