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Home My WebLink AboutResolution No 01-2019 - Notice to Public Hearing - SB ADA UpdatesNOTICE OF PUBLIC HEARING CITY OF SOUTH BEND UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN: NON-DISCRIMINATION IN CITY SERVICES PROGRAMS & ACTIVITIES UNDER THE CIVIL RIGHTS ACT OF 1964 Notice is hereby given that the Board of Public Works of the City of South Bend will conduct a public hearing on the 8th day of January, 2019 at 9:30 a.m. in the Meeting Room located at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. The purpose of this hearing is to review and consider whether to approve the City's Update to its Transition Plan of 2013 under the accessibility guidelines of the Americans with Disabilities Act (ADA) and its Plan for non-discrimination in City services, programs and activities under Title VI of the federal Civil Rights Act of 1964. The ADA Updates show how during the past few years, the City has removed barriers for disabled pedestrians who use City streets and curbs, and it assesses the conditions of City buildings and facilities as of 2015. The Title VI Plan shows the steps taken and to be taken by the City to achieve full and complete compliance with Title VI of the Civil Rights Act of 1964. Accommodations for hearing and sight impaired persons are available upon request. (Please notify of the need for such accommodation at least 24 hours in advance.) Public CommentsIT are 1g"Qq r . The proposed ADA Update and Non - Discrimination Plan is open to public inspection in the office of the Department of Public Works, 1316 County -City Building, South Bend, Indiana within (10) days prior to the public hearing and at the time of the public hearing. Copies are also available for public review and inspection at the St. Joseph County Public Library in downtown South Bend, and in the office of the South Bend City Clerk, 0 Floor, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana, and on the City's website r so Litlabn(,Iiii.ly„?yBIpg4t/americans-with-disabilities-act-ada/ Linda M. Martin, Clerk City of South Bend, Indiana Board of Public Works Publish: December 28, 2018 RESOLUTION NO. 01-2019 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE CITY OF SOUTH BEND'S UPDATES TO THE CITY'S 2013 ADA PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY AND ITS TITLE VI PLAN FOR NON-DISCRIMINATION IN CITY SERVICES, PROGRAMS AND ACTIVITIES UNDER THE CIVIL RIGHTS ACT OF 1964 WHEREAS, in 1990 Congress enacted the Americans with Disabilities Act (ADA) which, among other things, requires that municipalities throughout the United States adopt standards to improve access and remove barriers for disabled persons in their use of public facilities and governmental services; and WHEREAS, in addition to the ADA, local government is subject to the requirements of Title VI of the Civil Rights Act of 1964 that "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." The protection under Title VI has been expanded by South Bend policy and law, and by State and federal laws to include age, gender, sexual orientation, gender identification, military status, national origin, English proficiency, and income status; and WHEREAS, at its meeting on January 8, 2013, this Board through Resolution #2-2013 approved the City's ADA Transition Plan which identified those sidewalks and curb cuts having priority for ADA upgrade, which was followed on January 28, 2013 by the South Bend Common Council's passage of Ordinance No. 10219-13 approving that Transition Plan; and WHEREAS, since January 2013, the City of South Bend, Indiana, has advanced these objectives through an aggressive sidewalk and curb cut replacement program. These included sidewalks and curb cuts in downtown South Bend serving public service and commercial buildings which were upgraded as part of the Smart Streets Program. It has replaced sidewalks in neighborhoods through a public/private improvement plan over the past several years and intends to continue doing so under the terms of the ADA Transition Plan; and WHEREAS, the combined update to the City's Transition Plan approved January 28, 2013 and the City's Title VI Plan: Non -Discrimination in City Services, Programs & Activities Under the Civil Rights Act of 1964 is attached hereto and incorporated herein as Exhibit A for approval by this Council; and WHEREAS, the City's updates to and report of ADA accessibility improvements made since the original Transition Plan was approved is contained in Exhibit A at pages 3 through 10; and. WHEREAS, the City's Title VI Plan for non-discrimination in City services, programs and activities reflects the diversity of the City's population and the vision of the Common Council and City administration for a truly diverse and inclusive city as exemplified by the City's Human Rights Ordinance, amended in 2012 to include sexual orientation and gender identification (Ord. No. 10154-12); the Minority and Women Business Enterprise Diversity Development Program legislation of 2011 (Chapter 14.5, South Bend Municipal Code Ord. No. 1008 1 -11) followed by the Mayor's appointment of a City Diversity and Inclusion Officer and enactment of the City's Diversity & Inclusion Plan of 2016; and WHEREAS, the City's attached Title VI Plan in draft form was reviewed by the State Department of Transportation compliance officer earlier this year and found to meet federal requirements; and WHEREAS, Public Hearing pursuant to Notice has been conducted this date by this Board, and there were no objections to Exhibit A. WHEREAS, this Board recommends that Exhibit A be approved by this Board and by the South Bend Common Council; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The Updates to South Bend's 2013 Americans with Disabilities Act (ADA) Transition Plan for the City of South Bend, Indiana, which is the first section of Exhibit "A" attached hereto and incorporated herein is hereby adopted and approved. Section II. The City of South Bend's Title VI Plan under the Civil Rights Act of 1964, which is the final section of Exhibit "A," beginning at page 11, attached hereto and incorporated herein is hereby adopted and approved. Section III. This Board recommends that Exhibit A which is the City's Updates to the City's 2013 ADA Plan For Pedestrian Facilities in the Public Right of Way and Title VI Plan: Non -Discrimination in City Services, Programs & Activities Under the Civil Rights Act of 1964, be approved by the South Bend Common Council. ADOPTED this 8th day of January, 2019. BOARD OF PUBLIC WORKS OF THE CITY OF SOIJT I BEND, INDIANA Gary A. Gilot, President _.. ........................... .................. _ Therese J. horau, Member Suzanna Fritzberg, Member Elie eth A. Mar,,1 e� ber l..a ' ra O'Sullivan, Member Attest: l)inda Martin, CI f STEPHANIE S , ELE Gc)RpoF,AnoN COUNSEL Ms. Linda Martin Executive Secretary 1865 DEPARTMENT December 26, 2018 South Bend Board of Public Works Via Hand Delivery 13th Floor, County City Building 227 W. Jefferson Boulevard South Bend, IN 46601 PHONE 574/235-9241 FAX 574/235-7670 TI`Y 574/235-5567 Re: Update to ADA Transition Plan of 2013 and Title VI Plan: Non-discrimination in City Services, Programs & Activities under the Civil Rights Act of 1964 Dear Linda: As indicated in an email I sent you today, an ordinance has been filed with the South Bend Common Council to approve the Update to Soroh Bend's ADA Transition Plan of 2013 and Title VI Plan for Non-discrirr¢mum m City Seruies,1 nwanz & A ctivik s under the Cisd Ri& Act of 1964 ("the Plan. This Update and Plan must be approved bythe Board of Works before the Council approves them which is scheduled to take place at the Council's meeting on January 19, 2019. Attached for your records and use is a hard copy of the proposed Board of Works Resolution. A copy of the Plan is designated as Exhibit A to the Board's resolution, and a bound hard copy of the Plan is attached to this letter. The hard copy is also for the public to view and inspect the Plan so they can be aware of what the City of South Bend is enacting and comment upon it if desired. I also include a form for written comment by any member of the public. Any completed copy of the public comment form may be emailed to me, the Cit/s ADA/Title VI Coordinator, at aderoseOsouthben ' .gov. Thank you so much, Linda, for your assistance in this matter. Sincerely, Aladean DeRose, City Attorney G Kara Boyles, City Engineer Clara McDaniels, Assnt. City Attorney ELLIOT A. ANDERSON SANDRA KENNEDY THOMAS PANOWICZ ASHLEY MILLS COLBORN CLARA MC DANIELS DANIELLE WEISS BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date December 2� 2018 Name Aladean DeRose Department Legal Division/Bureau BPW Date January 10, 2018 Phone Extension 5866 .. . . . ................... ---- ------- . ... ......... ....... ............ .. ............ Reguired Prior to Submittal to Board . . . . ............. Legal Attorney Name: Aladean DeRose Controller El Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing El Check the [__] Agreement Amendment El Professional Services F1 Bid Opening El Quote Opening El Change Order No. Ease/Encroach. Other: _PCkr614 CA (�CAiZ4 Oc:r- Company or Vendor Name iropriate Item Type — Required for All Submissions Contract Proposal Addendum FA Resolution 11"rove-AbA Bid Award Req. to Advertise El Title Sheet pl V) El Quote Awar A ir "Y F] C/O & PCA Nome--- - E]PCA F Traffic Control: New Vendor MBENVBE Contractor MBENVBE Contractor Requested Project Name Project Number Funding Source Account No. Amount uired Information N/A F Yes n No El If Yes, Approved by Purchasina .MBE LJ WBE No"_'M —Yes Name of Co Terms of Contract '36 Purpose/Description A A4 1-4 �rrn_e- - '�'u J� Reii:ll �ired Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) �qu�ird For Charge Orders Amount of increase ---------- F-1 Decrease Previous Amount $ Current Percent of Change: % New Amount .................... Total Percent of Change: % ............. Dispersal After .?Approval Copy Original F-1 F-1 El 0 F-1 El