HomeMy WebLinkAbout4.A.1. Approval of Transit Policy Plan/Manual in response to 2013 Metropolitan Council/FTA compliance audit pwiim Consent Business 4. A. 1.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
DATE: 12/03/2013
SUBJECT: Approval of Transit Policy Plan/Manual in response to 2013 Metropolitan
Council/FTA compliance audit. (D)
Action Sought
City Council is asked to offer and pass a motion approving the attached Transit Policy
Plan/Manual.
Background
Early in 2013 interns for the Metropolitan Council carried out a Federal Transportation Agency
(FTA) compliance audit on the alternative regional transit providers, which includes the City of
Shakopee. The City received a final audit letter. The letter, including the City's responses is
attached. Also in response to the comments in the audit letter, city staff has developed the
attached Transit Policy Plan
Recommendation
The Transit Advisory Commission (TAC) reviewed this item at its November 14, 2013 meeting,
and recommended to the Shakopee City Council adopt the Transit Policy Plan. The Transit
Advisory Commission requested that staff communicate to the City Council its frustration with
the imposition of additional and complex requirements that it will be difficult to administer and
monitor.
Budget Impact
There is no direct budget impact from the requested action.
Relationship to Vision
This item relates to City Goal D. Maintain improve and create strong partnerships with other
public and private sector entities.
Requested Action
City Council is asked to offer and pass a motion receiving the 2013 FTA compliance audit
response and approving the attached Transit Policy Plan/Manual.
Attachments: Transit Audit Response
Transit Policy Plan
Metropolitan Council
Federal Compliance Review of Shakopee Transit
Performed by Katie Reed and Laura Logsdon
February 5th, 2013
Technical
Finding
1.) Condition: Prior Lake does not have an ongoing system to ensure that contractors adhere to
Federal requirements.
Standards Affected: 49 CFR 18.37(b): Grantees shall: (1) Ensure that every subgrant includes a
provision for compliance with this part; (2) Ensure that every subgrant includes any clauses
required by Federal statute and executive orders and their implementing regulations; and (3)
Ensure that subgrantees are aware of requirements imposed upon them by Federal statutes
and regulations.
49 CFR 18.40(a): Monitoring by grantees. Grantees are responsible for managing the day-to-
day operations of grant and subgrant supported activities. Grantees must monitor grant and
subgrant supported activities to assure compliance with applicable Federal requirements and
that performance goals are being achieved. Grantee monitoring must cover each program,
function or activity.
Recommendation: Shakopee transit must create procedures and a staffing plan to communicate
and monitor FTA requirements of contractors.
Response: Through this year's audit Shakopee Transits two contractors (Schmitty's and Scott
County TransitLink) have been made aware of the FTA requirements. Policies are being
developed to communicate these on a regular basis, and should be complete by the end of
2013. Shakopee Transit's staff is limited to a small portion of the Community Development
Directors and a Senior Planners time, therefore an extensive staffing plan is not expected to be
a part of these policies.
ADA
Findings
1.) Condition: Shakopee Transit does not have a system in place or records to demonstrate
contractor monitoring for ADA Service Provisions.
Standard Affected: 49 CFR 18.40 (a) Monitoring by grantees: Grantees are responsible for
managing the day-to-day operations of grant and subgrant supported activities. Grantees must
monitor grant and subgrant supported activities to assure compliance with
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applicable Federal requirements and that performance goals are being achieved. Grantee
monitoring must cover each program, function or activity.
Recommendation: Shakopee Transit must conduct monitoring of contractors for all ADA Service
Provisions and keep records to demonstrate monitoring.
Response: The City is in the process of developing a monitoring schedule and procedure which
should be completed by the end of 2013.
2.) Condition: Shakopee Transit does not ensure that contractors have trained personnel to operate
vehicles and equipment safely and/or provided sensitivity training on interacting with persons
with disabilities.
Standard Affected: 49 CFR 37.173: Each public or private entity which operates a fixed route or
demand responsive system shall ensure that personnel are trained to proficiency, as
appropriate to their duties, so that they operate vehicles and equipment safely and properly
assist and treat individuals with disabilities who use the service in a respectful and courteous
way, with appropriate attention to the difference among individuals with disabilities.
Recommendation: Shakopee Transit must ensure that contractors have conducted personnel
trainings concerning ADA equipment and sensitivity. Prior Lake should require reports of
training dates, topics, and attendees.
Response: The City is in the process of developing a monitoring schedule and procedure which
should be completed by the end of 2013.
3.) Condition: Shakopee Transit staff is unsure of the formats of information and communications
about ADA service.
Standard Affected: 49 CFR 37.167(f): The entity shall make available to individuals with
disabilities adequate information concerning transportation services. This obligation includes
making adequate communications capacity available, through accessible formats and
technology, to enable users to obtain information and schedule service.
Recommendation: Prior Lake must ensure that information and communications regarding ADA
service are available in accessible formats.
Response: The City is in the process of developing a monitoring schedule and procedure which
should be completed by the end of 2013.
Maintenance
Finding
1.) Condition: In a past contract, Shakopee Transit required monthly maintenance reports from its
contractor, and in its current contract it requires quarterly maintenance reports. No maintenance
reports were provided during audit or found onsite when requested. It is assumed that
Shakopee Transit does not conduct maintenance monitoring of contractors.
Standards Affected: 49 CFR 18.40 (a) Monitoring by grantees: Grantees are responsible for
managing the day-to-day operations of grant and subgrant supported activities. Grantees must
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monitor grant and subgrant supported activities to assure compliance with applicable Federal
requirements and that performance goals are being achieved. Grantee monitoring must cover
each program, function or activity.
Triennial Review Program FY2012 Workbook: The grantee must have an effective mechanism
to monitor subrecipients', contractors', and lessees' maintenance activities. An acceptable
program would consist of periodic written reports on maintenance activities submitted to the
grantee, supplemented by periodic inspections of the FTA funded vehicles and facilities.
Recommendation: Shakopee Transit must conduct periodic monitoring of contractors'
maintenance activities and keep written reports to demonstrate monitoring.
Response: The City is in the process of developing a monitoring schedule and procedure which
should be completed by the end of 2013.
Safety and Security
Advisory Comments
1.) Condition: Shakopee Transit does not have a transit specific safety plan.
Standard Affected: Manual for the Development of Bus Transit System Safety Program Plans:
The transit system should establish the System Safety Program Plan as an operating document
that has been prepared for, and approved by, transit system top management. The Plan should
refer to management approval either by enabling signature on the title page or equivalent
means. This approval should be by the chief executive officer or the governing board.
Recommendation: Shakopee should consider creating a transit specific safety plan.
Response: The recommendation is noted, and as appropriate city staff will work with Shakopee
Police Department in the development of such plan.
2.) Condition: Shakopee has not developed and distributed public awareness materials on safety
and security.
Standard Affected: TSA/FTA Action Item No. 7: Grantees are encouraged to develop and
implement a public security and emergency awareness program, prominently display security
awareness and emergency preparedness information materials throughout the system (e.g.,
channel cards, posters, fliers), incorporate general security awareness and emergency
preparedness into public announcement messages (security messages and evacuation
procedures), post security awareness and emergency preparedness information on the transit
agency website, ensure security awareness materials and announcements emphasize the
importance of vigilance and provide clear direction to the public on reporting of suspicious
activities, vary the content and appearance of messages to retain public interest, increase the
frequency of security/emergency awareness activities (e.g. public address announcements)as
the HSAS threat advisory level is raised, issue public service announcements in local media
(e.g. newspaper, radio and/or television), provide volunteer training to the public for system
evacuations and emergency response.
Recommendation: Shakopee should consider providing the riding public with information on
recognizing and reporting suspicious or illegal activity.
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Response: The recommendation is noted, and as appropriate city staff will work with Shakopee
Police Department in the development of such materials and training.
Satisfactory Continuing Control
Finding
1.) Condition: Shakopee does not control the use of FTA funded real property used by contractors.
Standard Affected: FTA C 5010.1 D, Ch. IV, Section 3.k (3) Equipment records must be
maintained by the grantee... (4)A physical inventory of equipment must be taken and the
results reconciled with equipment records at least once every two years. Any differences must
be investigated to determine the cause of the difference. (5)A control system must be
developed to ensure adequate safeguards to prevent loss, damage, or theft of project property.
Any loss, damage, or theft must be investigated and documented by the grantee.
Recommendation: Shakopee must create a system to control for the use of FTA funded real
property by its contractors and follow this system to monitor real property use.
Response: The City is in the process of developing a monitoring schedule and procedure which
should be completed by the end of 2013.
Drug and Alcohol
Finding
1.) Following a 2011 accident in which a vehicle was towed from the scene, a post-accident drug
test was administered, but the required post-accident alcohol test was not conducted.
Shakopee transit does not have a system in place for monitoring drug and alcohol testing, and
regular oversight of the drug and alcohol testing program has not been conducted.
Standards Affected: 49 CFR 655.44: As soon as practicable following an accident not involving
the loss of human life in which a mass transit vehicle is involved, the employer shall drug and
alcohol test each covered employee operating the mass transit vehicle at the time of the
accident unless the employer determines, using the best information available at the time of the
decision, that the covered employee's performance can be completely discounted as a
contributing factor to the accident.
49 CFR 18.40(a): Monitoring by grantees. Grantees are responsible for managing the day-to-
day operations of grant and subgrant supported activities. Grantees must monitor grant and
subgrant supported activities to assure compliance with applicable Federal requirements and
that performance goals are being achieved. Grantee monitoring must cover each program,
function or activity.
Standards Affected: 49 CFR 40.15: As an employer, you are responsible for ensuring that the
service agents you use meet the qualifications set forth in this part...You remain responsible for
compliance with all applicable requirements of this part and other DOT drug and alcohol testing
regulations, even when you use a service agent.
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Recommendation: A monitoring policy must be developed for all contracts and subcontracts
including drug and alcohol testing sites. A clear chain of command should be established for
addressing issues related to drug and alcohol testing within the transit program.
Response: A policy is being developed and will be completed by the end of 2013.
Procurement
Finding
1.) Condition: Shakopee Transit does not have a system for administering contracts once
awarded, and has not demonstrated previous monitoring of contracts.
Standard Affected: 49 CFR 18.36 (b)(2) Grantees and subgrantees will maintain a contract
administration system which ensures that contractors perform in accordance with the terms,
conditions, and specifications of their contracts or purchase orders.
Recommendation: Shakopee Transit must develop a written policy for administering contracts
to ensure that contractors perform in accordance with all contract terms.
Response: A policy is being developed and will be completed by the end of 2013.
2.) Condition: Shakopee Transit's current contract with Scott County does not reference
applicable federal clauses.
Standards Affected: 49 CFR 18.36 (i) (1-13) Contract provisions. A grantee and
subgrantee's contracts must contain provisions in paragraph (i) of this section.
Recommendation: Shakopee Transit must incorporate federal clauses in its agreement with
Scott County.
Response: To avoid confusion, Shakopee staff has requested the specific language that is
required. Once that is received from the Metropolitan Council, the city will work with Scott
County Transit to incorporate the appropriate, required language.
Title VI
None
Lobbying
None
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CITY OF SHAKOPEE TRANSIT POLICY MANUAL
Adopted month, day,year
INTRODUCTION
The purpose of this Transit Policy Manual is to provide a general framework for the City of
Shakopee's governance of its transit operations.
More specifically,the Policy Manual is intended to help ensure compliance with all applicable
federal regulations as condition to receiving federal funds for vehicles and facilities. The Policy
Manual provides the mechanism to satisfactorily demonstrate the City's contracted bus service
providers are also in compliance with applicable federal regulations and that the City is
adequately monitoring that compliance.The Policy Manual sets the procedures to satisfactorily
demonstrate that the City of Shakopee is providing adequate monitoring,oversight and control
over its federally funded facilities and vehicles.
The implementation of the Policy Manual will help ensure that the City's transit services and
facilities are operated in safe, reliable,and cost-effective manner,and are made available to the
general public regardless of race, color, national origin or disability.
The Policy Manual includes the following sections:
Section 1: Americans with Disabilities Act(ADA)
Section 2: Drug and Alcohol
Section 3: Title VI of Civil Rights
Section 4: Maintenance
Section 5: Procurement
Section 6: Safety and Security
Section 7: Satisfactory Continuing Control
Section 8: Grant Management
The above sections may be amended or added to from time to time as the situation dictates or
as federal policies change. The date of material revisions to the Policy Manual will be recorded
below:
Date:_/Sections:
Date:_/Sections:
Date:_/Sections:
Date:_/Sections:
Date:_/Sections:
Date:_/Sections:
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SECTION 1: AMERICANS WITH DISABILITIES ACT(ADA)
Introduction
In 1990 the Americans with Disabilities Act(ADA)was enacted.This legislation ensures that
persons with disabilities have access to public transportation.The City of Shakopee and its
subcontractors are committed to full compliance with the Federal ADA law 49 CFR 37.1. This
means all buses,services and facilities must be fully-accessible and all employees properly
trained to meet the all the requirements of the law.As a result,the City of Shakopee has the
following ADA policies for Shakopee Transit.
Training
Shakopee Transit shall require that all required personnel and contractors are trained to
proficiency, as appropriate to their duties,so that they operate vehicles and equipment safely,
and properly assist and treat individuals with disabilities who use the service in a respectful and
courteous way,with appropriate attention to the difference among individuals with disabilities.
This training will be in accordance with specified requirements of 49 CFR 37.1
Communication
Shakopee Transit will make available to individuals with disabilities adequate information
concerning transportation services.This obligation includes making adequate communications
capacity available,through accessible formats and technology,to enable users to obtain
information and schedule service.
Documentation of Maintenance, Failures and Incidents
Shakopee Transit and its subcontractors will document and record information related to buses
and facilities:
1. When conducting routine and scheduled maintenance on ADA related equipment and
facilities.
2. When making repairs to ADA related equipment and facilities.
3. When failures or defects occur related to ADA related equipment and facilities
4. When an emergency, unusual situation or accident occurs with ADA related equipment
and facilities and/or with a person with a disability.
5. Contracted bus service providers will maintain monthly reports on ADA related
equipment and facilities.
6. The City of Shakopee transit staff will obtain and review copies of these reports on a
quarterly basis.
7. The City of Shakopee will retain the records per applicable State of Minnesota Data
Practices laws.
Facility and Vehicle Design Requirements
All Shakopee Transit facilities and vehicles shall be designed, constructed and/or manufactured
to meet or exceed the minimum requirements for accessibility per 49 CFR 37.1.
Maintenance of Lifts
Shakopee Shakopee Transit and its subcontractors will establish a system of regular and
frequent maintenance checks of lifts sufficient to determine if they are operative. Appropriate
documentation of this procedure shall occur. Contracted bus service providers will maintain
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monthly maintenance report. Shakopee transit staff will obtain and review copies of these
reports on quarterly basis.
Pre-Trip Vehicle Inspection
All transit vehicle operators must complete a pre-trip inspection of the entire bus including all
accessibility equipment prior to leaving bus garage facilities. Specifically,activate the lift and
put it through one complete cycle,check the jump seat and tie-downs. If a defect is detected or
failure occurs during the pre-trip test,dispatch is to be contacted immediately to request a
replacement vehicle. Drivers are to document each pre-trip test.
Accessible Bus Stops
Operators should use their best judgment as to whether the lift/ramp can be deployed without
damaging it, at any bus stop or pick-up/drop-off location. If the lift/ramp cannot be deployed
safely, politely inform the customer that they have to use another accessible stop. Immediately
contact dispatch or your supervisor to inform them of the situation.
Awareness and Sensitivity
Operators are expected to be courteous to all customers at all times. Increased awareness and
sensitivity to the needs of riders using accessible buses is required.Operators are expected to
ask customers how they can help, and then provide the required assistance.This includes
leaving the bus operator's seat when required. Operators are also expected to treat other
customers courteously when asking them to move or otherwise accommodate a customer with
a disability.
Conforming Mobility Aids
All people using mobility devices meeting the ADA definition of a common wheelchair shall be
accommodated on Shakopee Transit services. Under certain circumstances,Shakopee Transit
will allow the transportation of users of non-conforming devices. All common mobility aids shall
be transported and properly secured.A common mobility aid is any class of three-or four-
wheeled device that is usable indoors and designed for and used by individuals with mobility
impairments. It may be operated manually or powered.A common mobility aid does not exceed
30 inches in width and 48 inches in length (measured two inches above the ground)and does
not weigh more than 600 pounds when occupied.Vehicles may not be able to accommodate
mobility aids exceeding these standards. Reasonable efforts shall be made to transport persons
in oversized mobility aids. However,transportation cannot always be guaranteed to a person in
an oversized mobility aid and suggestions for alternative transportation shall be provided upon
request
Wheelchair Handling Procedures
Operators will be trained in and must follow proper wheelchair handling procedures.These
include boarding and alighting procedures,wheelchair maneuvering, and wheelchair
locking/unlocking procedures.Training specifics are addressed later in this chapter.
Boarding and Alighting Using the Lift/Ramp
All operators need to take special care in curbing the bus.The bus must be at least one foot, but
not further than three feet from the curb with the lift/ramp in the most convenient position to
the border.At the same time,operators must be aware of traffic conditions around them and be
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careful to avoid blocking traffic flow. Shakopee Transit will make best efforts to make sure that
adequate time is provided to allow individuals with disabilities to complete boarding or
disembarking from the vehicle.
The following guidelines for boarding lift customers may not always be applicable.Good
judgment is the most important rule.
1. Lift/ramp Procedures—Customers in Wheelchairs
a. Stop and secure the bus. Board customers in wheelchairs first.
b. Ask the customer using the lift/ramp if they are first-time customers.Take special
care with first-time users.Ask the customer what type of assistance is required.
Many wheelchair-assisted customers are capable of maneuvering their chairs onto
the lift/ramp and into the securement area on the bus, and securing their chairs.
c. With the bus properly secured, prepare it for boarding a lift/ramp customer;jump
seats may have to be cleared of customers and then lifted and locked into the
upright position. If jump-seat customers refuse to move,do not try to force them.
Contact dispatcher or your supervisor for assistance.
d. Operators should first offer assistance, and then provide the level of assistance
required or requested by the customer. Extend the lift/ramp and ensure the rider is
securely strapped into his/her wheelchair.The wheelchair should normally be
backed onto the lift/ramp(if a rider in a wheelchair wants to board a bus facing
inward,you may allow it).Assist the customer in a wheelchair by pulling the
wheelchair as close to the right side as possible.ALWAYS set the brakes on the
wheelchair before moving the lift/ramp. Power chairs should be shut off as well.
Release the brake and maneuver the wheelchair onto bus.Stow the lift/ramp and
then go back and secure the wheelchair. Many customers in wheelchairs are
capable of maneuvering their chairs onto the lift/ramp, into the securement
location where they are able to secure themselves. Operators must check to insure
that every wheelchair is properly secured before moving the bus.
e. To stow the lift/ramp,activate both switches and return the Lift/ramp to the stow
position in one continuous motion. Continue to hold the switches to the count of
three after the lift is stowed to insure that the latching mechanism is in place.
f. In the event of lift/ramp failure,contact dispatch or your supervisor for additional
instructions.
g. If the lift is stopped at any time during the stow cycle,the whole cycle will be
started over.
h. Anyone standing on the lift and riding it should be warned to watch head clearance.
I. Driver must secure any wheelchair after the passenger boards and before
continuing to the next destination. Whenever a wheelchair is secured with the tie-
downs,the lap belt should also be routinely secured. However, if the customer
requests that the lap belt not be used,the request will be honored. If the customer
secured his or her own wheelchair on the bus,the driver is required to visibly check
to be sure the chair is properly secured before the bus is moved.
j. Alighting of lift/ramp assisted customers should be done in the same safe manner
but in reverse order after customers who do not need assistance have alighted.
k. If attendant is along, he/she may ride the lift with the disabled person and ride for
free.Attendants riding with customers in wheelchairs may not know the proper
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boarding and alighting procedures.They should be instructed as to the proper
procedures.
I. Attendants riding with customers in wheelchairs should not be permitted to operate
the lift.Attendant or customer in wheelchair may assist in securing the wheelchair,
but securement must be checked by bus operator.
m. During inclement weather bus stops may not be cleared of snow or other obstacles.
Therefore,operators may be required to provide extra assistance to customers with
disabilities. Any bus stops that are not clear,safe and functional should be reported
immediately to the Metro Transit Control Center.
2. Lift/ramp Procedures—Ambulatory Customers
In addition to persons in wheelchairs,the lift/ramp may be used by ambulatory persons
who request it. Operators should avoid judging whether or not a person needs the lift.
Provide the lift for any customer who requests it.
a. After positioning the bus for safe and convenient operation of the lift/ramp, put the
bus into neutral,set the brake,turn on four-way flashers and open the door to allow
customers who are able-bodied to alight from the bus. Board customers using a
wheelchair before boarding able-bodied customers.
b. Assist the ambulatory customer onto the lift/ramp as appropriate. Make sure
customer grabs onto handrail.Advise him/her to keep arms,elbows,etc. inside
handrails.
c. Tell the customer the lift/ramp will be activated.
d. Warn the customer about head clearance.
e. After lift/ramp stops,assist the customer in walking to seat as needed.
f. Assist customer with paying fare as you would a person in a wheelchair.
Wheelchair Transfers to Regular Seats
On occasion,a person in a wheelchair may be able to transfer from his/her wheelchair to a
regular bus seat.Accommodate customers who choose this option. If the bus is able to kneel,
use this feature as operators feel appropriate.
In either case,the wheelchair or other mobility aid should be folded and safely stored while on
the bus. If a driver encounters a situation where a disabled person attempts to board the bus
with a personal assistance device that cannot be safely carried because of its size or weight,the
driver should seek direction from a supervisor.
When Boarding Persons in Wheelchairs Is Not Possible
Sensitivity and good judgment should be exercised when faced with the decision to pick up or
pass up a disabled person in a wheelchair. Being behind schedule is not an acceptable reason for
not boarding a person who is disabled. Generally speaking,failing to board a disabled customer
is permitted only:
1. When all wheelchair tie-down locations are filled with other persons in wheelchairs.
2. When the bus is filled to capacity with a standing load. If there are standing customers
but the bus is not full, operators should make every reasonable and courteous effort to
have standing customers move out of the way in order to allow a person in a wheelchair
to board and be secured in a wheelchair location. If the bus is too crowded with
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standing customers to board a person in a wheelchair, it is also too crowded to board
any additional standing riders.
3. When street conditions make it unsafe or impossible to do so.
4. When the wheelchair size or design does not work on the lift or makes it impossible to
tie-down, or
5. When the lift does not work.
Whenever you must pass up a person in a wheelchair,stop and briefly explain to the rider why
he/she cannot be picked up and when the next bus is due (keep a schedule on hand for your
reference). In all circumstances, notify dispatch of the situation so the dispatcher or supervisor
can make a determination about sending assistance to the passed-up customer.The following
information should be given to your dispatcher or supervisor:
1. Location and direction of travel
2. Time
3. Reason for the pass-up
Severe weather, extreme heat and cold are serious risks to riders,especially some disabled
persons. It is especially important to board disabled customers under these conditions. Make
every effort to see that they are safe.
Breakdown/Defective Bus Procedures
In the event of a breakdown of an accessible bus while in service,the operator should:
1. Follow established procedures to contact dispatcher or supervisor for assistance.
2. Identify yourself,and then state the bus ID number, route,run direction and location.
3. Indicate if there are lift-assisted customers on the bus so that they can receive priority
consideration.
4. Describe the breakdown/defect to supervisor and follow supervisor's instructions.
5. If the lift is the problem,contact dispatcher or maintenance for troubleshooting
assistance. Do not ask other customers to lift a person in a wheelchair onto or off the
bus.
6. Inform passengers of the problem and keep them informed of the progress.
7. Secure the area and set out safety triangles if it is safe to do so.
The bus operator will be required to assist customers transferring to the replacement bus.
Emergencies, Incidents,Accidents
In the event of an emergency, unusual situation or accident,operators should generally follow
standard emergency procedures. Contact dispatch or supervisor immediately to ensure needed
emergency assistance can be dispatched.
Operators with lift-assisted riders on board should be particularly observant of them so that any
illness can be detected and responded to quickly.
If a bus is involved in an incident and there is no imminent danger,the operator should not
remove the lift/ramp-assisted customers. If a lift/ramp-assisted rider is injured, wait for aid on
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the bus. Remove a lift/ramp assisted customer only if it is dangerous to leave him/her on the
bus.
In accidents or emergencies arise requiring customers to leave the bus,first direct non-disabled
riders to the exit. Operators should next safely assist disabled clients in exiting the bus. If the
lift/ramp still does not work and there is no time,get the customer to the door and off the bus
any way possible. It may be possible to lower a person in a standard wheelchair down the steps
of the bus.Always lower a customer in a wheelchair forward down the steps of the bus.An
electronically powered wheelchair is too heavy to be lowered down the steps.The customer will
have to be lifted out of the wheelchair and helped off the bus.
Emergency procedures for a variety of specific situations will be presented to operators in
training. It is expected that such procedures will be followed.All emergencies should be
properly reported to dispatch and your supervisor.
Respirator or Oxygen Supply
Shakopee Transit will not prohibit an individual with a disability from traveling with a respirator
or portable oxygen supply,consistent with applicable Department of Transportation rules on the
transportation of hazardous materials (49 CFR Subtitle b, chapter 1,subchapter c).
Service Animals
Shakopee Transit will permit service animals to accompany individuals with disabilities in
vehicles and facilities.
Announcing Stops
Drivers of Shakopee Transit buses shall announce stops as follows:
1. The driver shall announce at least at transfer points with other fixed routes, other major
intersections and destination points, and intervals along a route sufficient to permit
individuals with visual impairments or other disabilities to be oriented to their location.
2. The driver shall announce any stop on request of an individual with a disability
3. Drivers are required to announce to persons outside the bus at stops the route number,
plus the direction and destination where necessary to clearly identify the trip to waiting
passengers.
Passengers with Visual Impairments
When waiting at a bus stop, passengers with visual impairments who use a white cane or service
animal need to ensure that their cane or dog is visible to approaching bus operators.When the
operator observes these aids,the operator must stop the bus,open the door,and state the
route and destination of the bus. Operators pulling up to bus stops that serve multiple routes
must be particularly careful to announce the route to all passengers waiting at the bus stop.The
passenger must let the operator know if the bus is the one that they need to board
Passengers with Hearing Impairments
If a driver is aware that a customer is hearing-impaired,the driver will need to make special
efforts to communicate effectively.This may include looking straight at the customer when you
talk so the customer can read your lips,and writing information down.
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Priority Seating and Reserved Seating
Upon request, bus operators shall ask, but not require passengers to yield priority seating at the
front of the bus to persons with disabilities and seniors. Mobility aid securement areas on buses
are reserved. Passengers using common mobility aids shall be boarded if the securement areas
are not otherwise occupied by a mobility device, regardless of the number of passengers on the
bus. Bus operators are required to ask passengers sitting in securement areas to move to other
available seats or to stand
Complaint Process
Customers wishing to file a complaint regarding discrimination due to disability shall contact the
City of Shakopee's City Administrator to initiate the complaint process. The Federal Transit
Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and
monitoring of public transportation,which includes ensuring that providers properly implement
the Americans with Disabilities Act of 1990. As result,the City of Shakopee will follow the
complaint procedures developed for and included in its Title VI Plan. All contracted providers
will also be required to adopt a similar complaint process.
Monitoring Compliance
Shakopee Transit will take the appropriate steps to monitor and document compliance with its
adopted ADA policies,including requiring that its contracted bus service provider adopt the
appropriate policies and procedures to monitors compliance with the applicable sections of this
ADA chapter.
Compliance monitoring will include annual vehicles inspections, ride alongs,facility site visits;
thorough investigation of any ADA related complaints, and the completion and submittal of the
form in Appendix on a quarterly basis.On an annual basis,the contractor shall submit a report
demonstrating and documenting that all required employees received the proper ADA training
perthis policy. On an annual basis,Shakopee Transit will conduct service monitoring using the
forms included in Appendix B to document driver compliance with ADA requirements. A
sampling of drivers will be observed.
SECTION 2: DRUG AND ALCOHOL
Contract Requirements
The Contractor shall have in place a drug and alcohol testing policy and program meeting the
requirements of the Federal Transportation Administration (FTA) Final Rules,49 CFR PART 655,
Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.
Monitoring Compliance
Shakopee Transit will take the appropriate steps to monitor and document compliance with the
Contract Requirements.
Compliance monitoring will include quarterly inspections of the Contractor's policy and any drug
and alcohol testing records.
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Transit Policy Manual
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Reporting
The Contractor must certify annually in writing to Shakopee's Authorized Representative that
the company's drug and alcohol policy/program is:
1. In full compliance with the Federal Transit Administration regulations; regardless of its
compliance with other rules such as general DOT and FHWA.The FTA regulations
supersede the DOT and FHWA.
2. All safety-sensitive employees assigned to this Contract are subject to drug and alcohol
testing.
The Contractor must submit a properly completed FTA Management Information System annual
report summarizing the test results for employees assigned to this Contract from the previous
calendar year to Shakopee's Authorized Representative.
SECTION 3: TITLE VI OF CIVIL RIGHTS
Plan Statement
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or
national origin in programs and activities receiving Federal financial assistance.Specifically,Title
VI provides that"no person in the United States shall,on the ground of race,color,or national
origin, be excluded from participation in, be denied the benefits of,or be subjected to
discrimination under any program or activity receiving Federal financial assistance" (42 U.S.C.
Section 2000d).
The City of Shakopee is committed to ensuring that no person is excluded from participation in,
or denied the benefits of transit services on the basis of race,color,or national origin, as
protected by Title VI in Federal Transit Administration(FTA)Circular 4702.1.A.This plan was
developed to guide the City of Shakopee in administration and management of Title VI-related
activities.
Title VI Manager Contact information is as follows:
Mark McNeill,City Administrator
City of Shakopee
129 South Holmes St.
Shakopee, MN 55379
Phone: 952-233-9300
Title VI Information Dissemination
Title VI information posters shall be prominently and publicly displayed in the City of Shakopee's
facilities and on their revenue vehicles.The name of the Title VI Manager is available on the
website,at www.shakopeegov.com. Additional information relating to nondiscrimination
obligations can be obtained from the Title VI Coordinator.
Title VI information shall be disseminated to the City of Shakopee employees annually via
internal memorandum.This memo will remind employees of The City of Shakopee's policy
statement, and of their Title VI responsibilities in their daily work and duties.
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During New Employee Orientation, new employees shall be informed of the provisions of Title
VI, and the City of Shakopee's expectations that employees will perform their duties accordingly.
All employees shall be provided a copy of the Title VI Plan and are required to sign the
Acknowledgement of Receipt(see Appendix Q.
Subcontracts and Vendors
All subcontractors and vendors who receive payments from the City of Shakopee where funding
originates from any federal assistance are subject to the provisions of Title VI of the Civil Rights
Act of 1964 as amended.
Written contracts shall contain non-discrimination language, either directly or through the bid
specification package which becomes an associated component of the contract.
Record Keeping
The Title VI Manager will maintain permanent records,which include, but are not limited to,
signed acknowledgements of receipt from the employees indicating the receipt of the of Title VI
Plan,copies of Title VI complaints or lawsuits and related documentation, and records of
correspondence to and from complainants, and Title VI investigations.
Title VI Complaint Procedures
A complainant may file a signed,written complaint up to one hundred and eighty(180)days
from the date of the alleged discrimination.The complaint should include the following
information:
1. Contact information including: Name, mailing address,telephone number,cell phone
number and email address
2. Description of the incident including how,when,where and why you believe you were
discriminated against. Names and contact information for all witnesses.
3. Other relevant information
A complainant may use the Complaint Form in Appendix D for this purpose.
Title VI complaints are to be submitted in writing to the Title VI Manager at the following
address:
Mark McNeill, City Administrator
City of Shakopee
129 South Holmes St.
Shakopee, MN 55379
Phone:952-233-9300
It is the responsibility of the complainant to certify all mail that is sent through the U.S. Postal
Service and/or ensure that all written correspondence can be tracked. For complaints originally
submitted by facsimile,an original, signed copy of the complaint must be mailed to the Title VI
Manager as soon as possible, but no later than 180 days from the alleged date of discrimination.
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All complaints alleging discrimination based on race,color or national origin in a service or
benefit provided by the City of Shakopee will be directly addressed by the City of Shakopee. The
City shall provide appropriate assistance to complainants, including those persons with
disabilities, or who are limited in their ability to communicate in English. Additionally,The City
of Shakopee shall make every effort to address all complaints in an expeditious and thorough
manner.
The City of Shakopee will,within seven (7)working days or receipt of a complaint, mail a letter
to the address provided by a complainant,which letter will acknowledge receipt of the
complaint. In the event that the City of Shakopee requests additional information from a
complainant and the complainant fails to provide the requested information,the City of
Shakopee shall reserve the right to administratively close the complaint.
All complaints will be thoroughly investigated.The investigation will be conducted in a full,fair
and impartial manner by the Title VI Manager. Results of the investigation will be presented to
the Shakopee City Council for a determination. Every effort will be made to respond to Title VI
complaints within 60 working days of receipt of such complaints. Complaints will be determined
to be substantiated, not substantiated or inconclusive. Following the investigation,the City of
Shakopee will send a final written response letter to the complainant identifying the final
determination. In the letter notifying complainant of the City's determination,the complainant
will be advised of his or her right to:
1. Appeal within seven(7)calendar days of receipt of the final written decision from,
and/or
2. File a complaint externally with the U.S. Department of Transportation and/or the PTA.
In addition to the complaint process described above, a complainant may file a Title VI
complaint with the following offices:
Federal Transit Administration Office of Civil Rights
Attention:Title VI Program Coordinator
East Building, 5th Floor—TCR
1200 New Jersey Ave.,SE
Washington, DC 20590
Limited English Proficiency(LEP) Plan
The City of Shakopee has developed this Limited English Proficiency Plan(LEP)to help identify
reasonable steps to provide language assistance for LEP persons seeking meaningful access to
Shakopee services including express and summer circulator and shuttle transportation services
as required by Executive Order 13166. A Limited English Proficiency person is one who does not
speak English as their primary language and who has a limited ability to read,speak, write,or
understand English.
This plan details procedures on how to identify a person who may need language assistance,the
ways in which assistance may be provided,training staff, how to notify LEP persons that
assistance is available,and information for future plan updates. In developing the plan,the City
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of Shakopee undertook a U.S. Department of Transportation four factor LEP analysis which
considered the following:
1. Number or proportion of LEP persons eligible in the City of Shakopee service area who
may be served or likely to encounter a The City of Shakopee program,activity,or
service;
2. Frequency with which LEP individuals come in contact with The City of Shakopee
services;
3. Nature and importance of the program, activity or service provided by The City of
Shakopee to the LEP population;and
4. Resources available to The City of Shakopee and overall cost to provide LEP assistance.A
brief description of these considerations is provided in the following section.
See Appendix E for copy of LEP Plan.
Community Outreach
As an agency that may from time to time receive federal financial assistance,the City of
Shakopee has made or will be making the following community outreach efforts to engage the
public in planning and decision-making processes, as well as its marketing and outreach
activities:
1. The public will be invited to participate in the process whether though public meetings
or surveys.
2. When a change to an existing service or addition of new service is proposed,the City of
Shakopee may convene a public meeting to discuss feasibility and to welcome
suggestions.
3. Citizens and passengers may call the City of Shakopee at 952-233-9300 to lodge a
complaint or comment. All complaints/comments are input into a database and then
distributed to a designated City of Shakopee employees to research and respond to the
complaint.
SECTION 4: MAINTENANCE
Contract Requirements
Specific maintenance requirements for Shakopee Transit buses are outlined in the contracts
between the City of Shakopee and Schmitty and Sons Transportation, Inc., and Scott County
Transit.
Monitoring Compliance
Shakopee Transit will take the appropriate steps to monitor and document compliance with the
Contract Requirements.
Compliance monitoring will include visual inspections of the Quarterly Reports for each bus
outlining the following:
1. Vehicle miles;
2. Mechanical failures—Major,defined as failures of the engine,transmission or drive axel;
3. Mechanical failures—Other;
4. Gallons of fuel used;
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12
5. Number of repeat repair orders;
6. Engine overhauls or replacement;
7. Transmission overhauls or replacement;
8. Number of services performed.This report is to state whether or not the number of
services performed was within the mileage and timeframe specified;
9. Vehicles serviced.This report is to include the mileage,date of last service,service type
(level), and the labor hours to perform service;
10. Accident/Incident Summary Report—This report shall summarize all accidents and
Incidents during the preceding month.This shall include, but not be limited to, all road
calls, missed trips, late trips, and passenger Incidents and/or complaints. Road calls shall
be as defined by the National Transit Database reporting system;
11. Repair orders.This report is to include the mileage,the type of repair performed, and
the labor hours to perform the repair;
12. Any corrections completed based on outstanding audit reports;
13. Vehicle Wash list-interior and exterior, detail;
14. Breakdown log; and
15. Warranty issues.
Out-of-Service Report
An out-of-service report must be provided to Shakopee detailing the reason a vehicle(s)is out-
of-service,what is being done to fix it and when the vehicle is expected back in service.
SECTIONS: PROCUREMENT
Introduction
The purpose of this Procurement policy Statement is to set forth the general procurement policy
that will govern the conduct of the procurement activities of the City of Shakopee when Federal
Transit Administration (FTA)grant funds are involved for construction projects related to
Shakopee Shakopee Transit transit facilities.Note; If the City of Shakopee receives federal
funding for a specific project through the Minnesota Department of Transportation's Office of
Metro State Aid,the application and implementation of this chapter may vary from what is
stated below. American Institute of Architects(AIA)documents and contracts will be used for
projects managed through Minnesota Department of Transportation's Office of Metro State
Aid.
Policy Action and Compliance
All procurement transactions, regardless of whether by sealed bid or by negotiation,and
without regard to dollar value,shall be conducted in a manner that provides maximum open
and free competition,consistent with applicable regulations of the Federal Transit
Administration ("FTA"), including but not limited to"Third Party Contracting Guidelines,"
regulations of the Department of Transportation at 49 CFR Part 18, and State of Minnesota laws.
It is the City of Shakopee's federal transit procurement policy for transit facilities to ensure open
and free competition wherever possible,to maximize competitive opportunities, and to
encourage a competitive environment for contractors and vendors competing for City of
Shakopee Transit transit contracts. As part of this Procurement Policy Statement, placing
unreasonable requirements on contractors and vendors in order for them to qualify to do
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business with the City of Shakopee shall not be advanced as a way to restrict fair and open
competition.
All federally funded construction projects exceeding$100,000 in value will be procured via a
sealed bid process awarding the contract to the lowest responsive bidder. A"Project Manual"
will be developed with all the appropriate instructions,clauses,forms, certifications,
specifications, drawings, and contract that will comprise the bid documents. The project will be
advertised per applicable federal and state laws. If applicable,the bidding documents will
include information and requirements related to the following Federal clauses:
1. Fly America Requirements
2. Buy America Requirements
3.Charter Bus and School Bus Requirements
4. Cargo Preference Requirements
5. Seismic Safety Requirements
6. Energy Conservation Requirements
7. Clean Water Requirements
8. Bus Testing
9. Pre-Award and Post Delivery Audit Requirements
10. Lobbying
11. Access to Records and Reports
12. Federal Changes
13. Bonding Requirements
14. Clean Air
1S. Recycled Products
16. Davis-Bacon and Copeland Anti-Kickback Acts
17. Contract Work Hours and Safety Standards Act
18. Reserved
19. No Government Obligation to Third Parties
20. Program Fraud and False or Fraudulent Statements and Related Acts
21.Termination
22. Government-wide Debarment and Suspension(Nonprocurement)
23. Privacy Act
24. Civil Rights Requirements
25. Breaches and Dispute Resolution
26. Patent and Rights in Data
27.Transit Employee Protective Agreements
28. Disadvantaged Business Enterprises (DBE)
29. Reserved
30. Incorporation of Federal Transit Administration (FTA)Terms
31. Drug and Alcohol Testing
SECTION 6: SAFETY AND SECURITY
Introduction
The purpose of this chapter is to set forth a general safety and security policy that will govern
the safety and security activities of the City of Shakopee related to transit services. The goal of
this policy is to achieve the highest practical level of safety and security for all aspects of its
City of Shakopee
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14
transit services and facilities that is accordance with all applicable FTA suggested practices. In
order to protect passengers, employees,contractors, revenues,and property,transit systems
need to develop and implement a proactive system safety program plan. The City of Shakopee
supports these efforts by implementing the components listed below designed to prevent public
transportation fatalities, injuries, property damage and system interruption, and to ensure the
capability to respond effectively to those accidents,security incidents, and emergencies that do
occur.
Rider Awareness and Preparedness for General Safety and Security
As a resource,transit employees provide a wealth of specialized knowledge and on-the-job
experience. Likewise,transit passengers contribute to the security equation by providing extra
eyes and ears capable of identifying possible life-threatening situations. When transit
employees and transit passengers pool these resources,the result is a highly-effective first line
of defense against a potential natural or man-made disaster.As a result,Shakopee Transit will
ask riders to be alert, informed, and prepared by providing them with the awareness and
preparedness tips listed in Appendix F of this policy. The tips are included on the BlueXpress
website,and will be place on the buses as a flyer from time-to-time.
Safety and Security Plans by Contracted Bus Providers
The Contracted Bus Provider shall submit a Safety plan to the City. This plan shall be attached to
the approved contract documents.
Cell Phone Policy
Use of cell/mobile phones or other handheld devices by City of Shakopee employees is strictly
prohibited while operating transit vehicles.
SECTION 7: SATISFACTORY AND CONTINUING CONTROL
Introduction
The purpose of this Satisfactory Continuing Control policy is to set forth the general policy to
ensure the City of Shakopee will maintain control over real property,facilities,and equipment
used in transit service.
Use of Project Property, Facilities and Equipment
The City of Shakopee agrees to maintain continuing control of the use of grant funded property,
facilities and equipment to the extent satisfactory to FTA. For the rest of this section,the
federally funded property,facilities and equipment will be referred to as the "asset'.
Asset is to be used in the programs or project for the purpose it was acquired as long as needed,
whether or not the program or project continues to be supported by Federal funds. The City of
Shakopee further agrees to notify FTA immediately when any asset is withdrawn from project
use or when any asset is used in a manner substantially different from the representations the
City of Shakopee has made in its Application or in the Project Description for the Grant
Agreement or Cooperative Agreement for the Project.
The City of Shakopee agrees it will not execute any transfer of title, lease, lien, pledge,
mortgage, encumbrance,third party contract,subagreement,grant anticipation note,
alienation, innovative finance arrangement,or any other obligation pertaining to project asset,
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Transit Policy Manual
is
that in any way would affect the continuing Federal interest in that project asset,without
written FTA approval.
Maintenance
The City of Shakopee agrees to maintain project asset in good operating order, in compliance
with any applicable Federal laws and regulations in accordance with applicable Federal
directives, except to the extent that FTA determines otherwise in writing.
Records
The City of Shakopee agrees to keep satisfactory records or databases pertaining to the use of
the asset, and submit to FTA upon request such information as may be required to assure
compliance. Asset records or database will include:
1. Description of the asset,
2. Identification number,
3. Source of property(the grant project number under which it was procured),
4. Acquisition date,
5. Cost,
6. Percentage of Federal participation in the cost,
7. Location,
8. Use and condition,
9. Useful life,
10. Any disposition data, including the date of disposal and sale price,or,where
11. Applicable, method used to determine its fair market value,and
12. Who holds title to the asset.
A physical inventory of assets must be taken and the results reconciled with equipment records
at least once every two years. Any differences must be investigated to determine the cause of
the difference.
Contracted bus providers are required to adopt a maintenance plan that addresses the process
for handling non-routine repairs to buses as the result accidents and other incidents including
documentation of the matter. Provider must inform the City how the incident or accident
affects the asset in terms of intended use and useful life.
FTA Approval of Changes in Real Property Ownership.
The City of Shakopee agrees it will not dispose of, modify the use of,or change the terms of the
real property title or any other interest in the site and facilities used without permission and
instructions from FTA.
Useful Life of Project Property
FTA provides a useful life policy for rolling stock,trolleys,ferries,facilities,and some equipment.
Where a useful life policy has not been defined by FTA,the grantee, in consultation with the FTA
regional or metropolitan office shall "make the case' by identifying a useful life period for all
equipment and facilities with an acquisition value greater than$5,000 to be procured with
Federal funds.
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Disposition or Replacement at End of Minimum Useful Life
Project property to be disposed of or replaced must have achieved at least the minimum useful
life. In some cases, FTA interest may still prevail.Therefore,the City must consult with Council
Grant staff to ensure that FTA interest is met.
Disposition before the End of Useful Life
Any disposition of project property before the end of its useful life requires prior FTA approval.
FTA is entitled to its share of the remaining Federal interest.The Federal interest is determined
by calculating the fair market value of the project property immediately before the occurrence
prompting the withdrawal of the project property from appropriate use.
SECTION 8: GRANT MANAGEMENT
Introduction
The purpose of this section is to set forth the general policy that will govern (where applicable)
the City of Shakopee financial and technical management of FTA Grants consistent with FTA
Circular 5010.1D when the City of Shakopee is a direct recipient of FTA Grant funds.
Policy Action and Compliance
FTA Circular 5010.11)is provides guidance for post-award grant administration and project
management activities for all applicable Federal Transit Administration (FTA)grant programs.
This revision incorporates provisions of the Safe,Accountable, Flexible, Efficient Transportation
Equity Act:A Legacy for Users(SAFETEA—LU),and includes the most current guidance for the
Federal public transportation program as of the date of the publication.
These requirements are intended to assist grantees in administering FTA-funded projects and in
meeting grant responsibilities and reporting requirements. Grantees have a responsibility to
comply with regulatory requirements and to be aware of all pertinent material to assist in the
management of federally assisted grants.
Financial Management
Moody's Investors Service has assigned an Aa2 rating to the City of Shakopee. The Aa2 rating
reflects the City's moderately-sized tax base,above average socioeconomic indicators,and
healthy financial operations including maintenance of a strong General Fund balance
The City of Shakopee Finance Department provides financial management and accounting
services for all City operations. This includes the daily financial operation of processing of
accounts payable,accounts receivable, utility billing, and risk management. The department
also controls the collection of revenues and investment of funds,assists in the issuance of bonds
and other indebtedness of the City,and prepares periodic and annual financial and budget
reports.
Each year,the Finance Department prepares an Annual Financial Report. The report is prepared
in accordance with generally accepted accounting principles (GAAP)as established by the
Governmental Accounting Standards Board and meets the requirements of the State Auditor's
Office.
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The independent audit of the financial statements of the City is part of a broader,federally
mandated "Single Audit"designed to meet the special needs of federal grantor agencies. The
standards governing Single Audit engagements require the independent auditor to report not
only on the fair presentation of the financial statements, but also on the audited government's
internal controls and compliance with legal requirements,with special emphasis on internal
controls and legal requirements involving the administration of federal awards.These reports
are available in the City's separately issued Single Audit Report.
The City's annual reports are posted at http://www.ci.shakopee.mn.us. In the 2012 report,the
independent auditor:
1. Issued and unqualified opinion on the City's financial statements;
2. Reported no deficiencies in the City's internal control overfinancial reporting that were
considered material weaknesses;
3. Reported the results of testing disclosed no instances of noncompliance required to be
reported under Government Auditing Standards; and
4. Reported no findings based on their testing of the City's compliance with Minnesota
laws and regulations.
Technical Management
The following points demonstrate the City of Shakopee has the technical expertise to not only
effectively and efficiently manage all aspects of transit, but any FTA grants that it might be
awarded as well:
1. The City of Shakopee established Shakopee Transit in the mid-1980s under the
Replacement Transit Service Demonstration legislation commonly referred as"opt-out"
transit.
2. The City contracts with transit companies to provide the transit service.
3. The Scott County Transit Review Board consisting of elected representatives of Scott
County,the City of Shakopee,the City of Savage,the City of Prior Lake,and others
conducts transit planning for the Scott County area. The TRB completed a Unified
Transit Management Plan in 2005,and updated the plan in 2008,for adoption by Scott
County communities.
4. The City of Shakopee and the City of Prior Lake jointly operate BlueXpress(route 490)
commuter express service to and from Minneapolis utilizing 30 trips. The commuter
service utilizes two park-and-ride lots,operated jointly by Scott County,the City of
Shakopee and the City of Shakopee. A third park and ride lot is under construction and
is scheduled to open in 2014.
5. The BlueXpress service has seen a 254%increase in riders since it began operating in
July, 2007.
6. The express bus fleet consists of ten coach buses.
7. Presently, BlueXpress averages 750 riders per day.
8. Riders cite the following reasons why they use BlueXpress: convenient service,faster
commute than driving, hassle free commute, economical,environmentally friendly,
Guaranteed Ride Home program,and great customer service.
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Quarterly Capital Reporting
The City of Shakopee completes the quarterly capital reporting forms developed by the
Metropolitan Council for all capital projects funded through that organization regardless the
origin of the capital funding.
NTD Reporting
The City of Shakopee annually submits NTD information to Metropolitan Council based on the
Shakopee Transit operations.
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MONTHLY ADA REPORT BY TRANSIT PROVIDER
Reporting Month:
Name of Provider:
Person Completing Report:
Service or Contract:
Number of pre-trip lift inspections this month:
1. List and describe any lift failures:
2. List and describe any routine maintenance of lifts:
3. List and describe any non-routine maintenance or repairs of lifts:
4. List and describe any customer related ADA complaints:
5. List and describe violations committed by employees of not following the ADA policy:
6. List and describe any ADA related emergency,incident,or accident:
City of Shakopee
Transit Policy Manual
Appendix A
20
SHAKOPEE SHAKOPEE TRANSIT
ADA Driver Compliance Monitoring
Date
Route
Trip#and/or Time
Bus ID#
Driver ID#or Description
(CIRCLE ONE RESPONSE FOR EACH ITEM BELOW)
Calling Out'Streets/Stops I All Some None
Requirement: Driver to call out all bus stop locations,park-and-rides and controlled intersections.
COMMENTS:
Service Animals None Observed Allowed Denied
Requirement., Driver must allow a service animal to board with a rider.
COMMENTS.,
Wheelchair Rider r None Observed Allowed Denied
Requirement., Driver cannot disallow or pass-up a rider in wheelchair device along the route or at a stop unless the
ramp or lift cannot be deployed due to mechanical reasons,bus stop conditions, or the bus is full to capacity. Driver
must stop to inform rider of the situation and immediately notify dispatch.
COMMENTS:
Lift or Ramp Deployment None Observed Deployed Denied
Requirement: Driver must deploy lift or ramp to any rider who requests it to be deployed.
COMMENTS:
Wheelchair Securement None Observed Provided Not Provided
Requirement: It is Metro Transit policy that the driver must assist with and ensure that all mobility devices are
property secured.
COMMENTS:
Boarding Time None Observed Adequate Not Adequate
Requirement: Driver must allow adequate time forpersons with disabilities to board or disembark the bus.
COMMENTS:
Respirators&Portable None Observed Allowed Denied
Oxygen
Requirement. Drivers cannot deny service to riders using respirators or portable oxygen.
COMMENTS:
Priority Seating None Observed Allowed Denied
Requirement: When requested by a rider with a disability, a driver shall request that other non-disable riders vacate
the seats signed"priority seating for persons with s disability or elderly". Driver does not have to enforce the request.
COMMENTS:
Observation Completed By:
City of Shakopee
Transit Policy Manual
Appendix B
21
TITLE VI PLAN
ACKNOWLEDGEMENT OF RECEIPT
I am an employee of the City of Shakopee and have received and read the City of Shakopee Title
VI Plan. I understand this policy may be amended from time to time to address new concerns
or legal issues. I understand I may contact my Department Head, the Assistant City Manager or
the City Manager with any questions or concerns.
NAME:
SIGNATURE:
DATE:
City of Shakopee
Transit Policy Manual
Appendix C
22
City of Shakopee
Discrimination Complaint Form
Note: The following information is needed to assist in processing your complaint.Allegations
received by telephone will be reduced to writing and provided to complainant for confirmation or
revision before processing.
Complainant Information:
Name:
Address:
City: State: Zip Code:
Telephone Number(Home):
Telephone Number(Other):
Email Address:
Person Discriminated Against(if someone other than the Complainant):
Name:
Address:
City: State: Zip Code:
Telephone Number(Home):
Telephone Number(Other):
Email Address:
Which of the following best describes the reason you believe the discrimination took place?
• Race/Color(Specify)
• National Origin(Specify)
• Sex/Gender
❑ Religion
• Age
• Disability
On what date(s) (d/m/yr) did the alleged discrimination take place?
Please explain below as briefly and clearly as possible what happened and how you believe you were
discriminated against. Indicate who was involved.Describe in what way you believe other persons
were treated differently than you and why you believe these events occurred. Please use additional
sheets if necessary and attach a copy to written material pertaining to your case.
City of Shakopee
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Appendix D
23
List names and contact information of persons who may have knowledge of the alleged
discrimination.
Name:
Address:
City: State: Zip Code:
Telephone Number(Home):
Telephone Number(Other):
Email Address:
Name:
Address:
City: State: Zip Code:
Telephone Number(Home):
Telephone Number(Other):
Email Address:
Name:
Address:
City: State: Zip Code:
Telephone Number(Home):
Telephone Number(Other):
Email Address:
City of Shakopee
Transit Policy Manual
Appendix D
24
Have you filed this complaint with any other federal, state, or local agency, or with any federal or
state court?Check all that apply.
• Federal agency ❑ State court
• Federal court ❑ Local agency
• State agency ❑ Other
If a complaint was filed elsewhere,please provide information about a contact person at the
agency/court where the complaint was filed.
Name:
Address:
City: State: Zip Code:
Telephone Number(Home):
Telephone Number(Other):
Email Address:
Please describe how this/these issue(s)can be resolved to your satisfaction.
If an advisor will be assisting you in the complaint process,please provide the advisor's name and
contact information.
Name:
Organization:
Address:
City of Shakopee
Transit Policy Manual
Appendix D
25
City: State: Zip Code:
Telephone Number(Home):
Telephone Number(Other):
Email Address:
Please sign below. You may attach any written materials or other information that you think is
relevant to your complaint.
This Discrimination Complaint Form and your written complaint statement must be signed and dated
for allegation(s)to be addressed.
Additionally,you will need to sign a Consent/Release Form to disclose your name, if necessary, in
the course of the inquiry. A Consent/Release Form is attached for your convenience. If you are filing
a complaint of discrimination on behalf of another person,this person must also sign a
Consent/Release Form to consent to name disclosure in order to proceed.
I certify that to the best of my knowledge the information I have provided is accurate and the events
and circumstances are as I have described them.As a complainant, I also understand that if I
indicated I will be assisted by an advisor on this form, my signature below authorizes the named
individual to receive copies of relevant correspondence regarding the complaint and to accompany
me during the investigation.
Complainant Signature: Date:
Attachments: Yes No
Submit completed and signed Discrimination Complaint Form, Consent/Release Form(s)and any
additional information to:
City of Shakopee, 129 S. Holmes St, Shakopee, MN 55379
Phone: 952-233-9300 Fax: 952-233-3802 Email: mleek @ci.shakopee.mn.us
City of Shakopee
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Consent/Release Form for Discrimination Complaints
Name:
Address:
City: State: Zip Code:
Telephone Number(Home):
Telephone Number(Other):
Email Address:
As a complainant, I understand that in the course of an investigation it may become necessary for the
City of Shakopee, hereafter referred to as the"City", to reveal my identity to persons at the
organization or institution under investigation. I am also aware of the obligations of the City to honor
requests under the Freedom of Information Act. I understand that it may be necessary for the City to
disclose information, including personally identifying details, which it has gathered as part of its
investigation of my complaint. In addition, I understand that as a complainant I am protected by the
City policies and practices, from intimidation or retaliation for having taken action or participated in
action to secure rights protected by nondiscrimination statutes and regulations which are enforced by
the City.
Please check one of the two boxes below:
❑ I CONSENT and authorize to have the City, as part of the investigation,reveal my identity
to persons at the organization,business or institution,which has been identified by me in my formal
complaint of discrimination. I also authorize the City to discuss,receive and review materials and
information about me from the same and with appropriate administrators or witnesses for the purpose
of investigating this complaint. In doing so,I have read and understand the information in this form. I
also understand that the material and information received will be used for authorized civil rights
compliance activities only. I further understand that I am not required to authorize this release, and
do so voluntarily.
❑ I DENY CONSENT to have the City reveal my identity to persons at the organization,
business or institution under investigation. I also deny consent to have the City disclose any
information contained in this complaint with any witnesses I have mentioned in the complaint. In
doing so,I understand that I am not authorizing the City to discuss,receive nor review any materials
and information about me from the same. In doing so,I have read and understand the information at
the beginning of this form. I further understand that my decision to deny consent may impede this
investigation and may result in the unsuccessful resolution of my case.
Signature: Date:
Submit completed and signed Consent/Release Form(s)with the Discrimination Complaint Form
and any additional information to: City of Shakopee, 129 S. Holmes St, Shakopee,MN 55379
Phone: 952-233-9300 Fax: 952-233-3802 Email: mleek @ci.shakopee.mn.us
City of Shakopee
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Appendix D
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City of Shakopee/Shakopee Transit
Limited English Proficiency Plan
This Limited English Proficiency Plan has been prepared to address the City of Shakopee's
responsibilities as a potential recipient of federal financial assistance as they relate to the needs of
individuals with limited English language skills accessing the services offered by Shakopee Transit.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 states 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 federal 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 transit funds, including the City of
Shakopee where applicable relating to Shakopee Transit services and facilities.
The City of Shakopee 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 by the transit authority.As defined in 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 City of Shakopee undertook the U.S. DOT 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 or are likely to
encounter a The City of Shakopee program,activity or service.
2. The frequency with which LEP persons come in contact with The City of Shakopee programs,
activities or services.
3. The nature and importance of programs, activities or services provided by The City of Shakopee
to the LEP population.
4. The resources available to The City of Shakopee and overall cost to provide LEP assistance.
Four-Factor Analysis:
1. The number or proportion of LEP persons in the service area who maybe served or are likely to
encounter a City of Shakopee program,activity or service.
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The City of Shakopee staff reviewed the United States Census Bureau Quick Facts and American Fact
Finder Reports and determined that 38,744 persons lived in the City of Shakopee. A total of 2756
persons indicated they speak English "less than very well." In the City of Shakopee, 20.6%of persons 5
years old or older speak a language other than English at home.
The frequency with which LEP persons come in contact with The City of Shakopee programs,activities
or services.
The City of Shakopee assessed the frequency with which staff and drivers have,or could have,contact
with LEP persons.This includes documenting phone inquiries and surveying vehicle operators.To date,
the City of Shakopee has had no requests for interpreters and no requests for translated Shakopee
Transit documents. Staff and vehicle operators have reported that,as a whole,they have contact with
less than 1 LEP rider per month.
2. The nature and importance of programs,activities or services provided by The City of Shakopee to
the LEP population.
The overwhelming majority of the population in the City of Shakopee speaks only English.There are
social services, professional and leadership organizations within the Scott County service area that focus
on outreach to LEP individuals.The City of Shakopee works closely with these organizations.The City of
Shakopee provides two transportation services: express service to downtown Minneapolis,and a fixed
route circulator that operates only within the City of Shakopee.
3. The resources available to the City of Shakopee and overall cost to provide LEP assistance.
The City of Shakopee assessed its available resources that could be used for providing LEP assistance,
including determining how much a professional interpreter and translation service would cost on an as-
needed basis,which of its documents would be the most valuable to be translated if the need should
arise, and taking an inventory of available organizations that the City of Shakopee could partner with for
outreach and translation efforts. In past years the City of Shakopee has proactively translated its bus
service schedules into Russian and Spanish to serve those populations in the City.
The amount of staff and vehicle operating training that might be needed was also considered. Based on
the four-factor analysis,the City of Shakopee developed its LEP Plan as outlined in the following section.
Limited English Proficiency[LEP] Plan Outline
The City of Shakopee will develop several options to be available to assist LEP individuals to utilize
transportation services. These options include:
• Provide translator services on request.
• Continue to monitor LEP persons and reevaluate LEP plan as population changes.
Language Assistance Measures
Although there is a very low percentage in the City of Shakopee of LEP individuals,the City of Shakopee
will ensure that the following measures are in place:
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• The City of Shakopee Title VI Policy and Limited English Proficiency Plan will be posted on the
agency website,www.ci.shakopee.mn.us.
• When an interpreter is needed, in person or on the telephone,staff will attempt to determine
what language is required and then access language assistance services.
Staff Training
The following training will be provided to City of Shakopee employees that are directly involved with the
Shakopee Transit services:
• Information on the City of Shakopee Title VI Policy and LEP responsibilities.
• Description of language assistance services offered to the public.
• Documentation of language assistance requests.
• Use of language line service.
• How to handle a potential Title VI/LEP complaint.
Outreach Techniques
Due to the small local LEP population,the City of Shakopee will initiate an outreach procedure as of
2015.Translation resources are also very limited in this region. However,when and if the need arises for
LEP outreach,The City of Shakopee will consider the following options:
• When staff prepares a document,or schedules a meeting,for which the target audience is
expected to include LEP individuals,then documents, meeting notices,flyers, and agendas will
be printed in an alternative language based on the known LEP population.
• Bus schedules, maps,and other transit publications will be made available online in an
alternative language when and if a specific and concentrated LEP population is identified.
Monitoring and Updating the LEP Plan
The City of Shakopee will update the LEP as required by U.S. DOT.At a minimum,the plan will be
reviewed and updated when more detailed data from the 2010 U.S.Census is available,or when it is
clear that higher concentrations of LEP individuals are present in the City of Shakopee 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 transit system's financial resources are sufficient to fund language
assistance resources needed.
• Determine whether the City of Shakopee has fully complied with the goals of this LEP Plan.
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• Determine whether complaints have been received concerning the agency's failure to meet the
needs of LEP individuals.
Dissemination of the City of Shakopee LEP Plan
A link to the City of Shakopee LEP Plan and the Title VI Plan will be included on the Shakopee Transit
website,www.cityofpriorlake.com.
Any person or agency with internet access will be able to access and download the plan from The City of
Shakopee website.Alternatively,any person or agency may request a copy of the plan via telephone,
fax, mail,or in person,and shall be provided a copy of the plan at no cost. LEP individuals may request
copies of the plan in translation which the City of Shakopee will provide, if feasible.
Questions or comments regarding the LEP Plan may be submitted to the City of Shakopee as follows:
Mark McNeill, City Administrator
City of Shakopee
129 S. Holmes St.
Shakopee, MN 55379
Phone:952-233-9300
City of Shakopee
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Appendix E
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Rider Safety& Security Awareness Program
BE INFORMED AND HAVE A TRANSIT PLAN OF ACTION:
1. Familiarize yourself with station entrances
2. Locate emergency telephones to report suspicious packages or activities
3. Remain calm and listen for station,train or bus announcements
4. Follow transit authority instructions in a speedy but orderly fashion
5. Do not block train or bus doors from closing
6. Assist fellow passengers and follow the Golden Rule:Watch out for the safety of others just as
you would have them watch out for your safety
BE ON THE ALERT FOR SUSPICIOUS...
Packages
If you spot an unattended package, look for the following:
• Placement in an out-of-the-way location
• Individuals in the act of abandoning the package and hastily departing the area
• Unusual attached batteries,wires,tanks, bottles or bags that might contain chemicals
• An attached message
• A suspicious cloud, mist,gas,vapor, odor or seeping fluid
• Nearby individuals showing signs of illness or distress
Behavior
If you spot any suspicious individuals engaged in questionable activity,look for the following:
• Visible signs of nervousness
• Excessive sweating
• Sprayer bottles or aerosol canisters
• Inappropriate clothing that is excessively baggy or too heavy in warm weather
Recommended course of action:
• Do not confront suspicious individuals.
• Contact a transit employee or the police immediately.
• In the event of a suspicious package, do not use a cellular phone until you are a safe distance
away.
BE PREPARED:
1. Create a plan for maintaining contact with family members if separated as a result of an
emergency
2. Create a plan for maintaining contact with close friends and colleagues during an extended
emergency period
3. Keep a record of all contact and emergency information and update it regularly as needed
4. Select a location outside your home as a family meeting point should your home need to be
evacuated
5. Identify alternate routes and means of reaching your meeting point in the event your main
route is impassable
6. Keep a local map handy for reference
7. Make sure your emergency information and contact numbers are with you at all times
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