HomeMy WebLinkAboutResolutiontoapproveTitle6KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: February 71h, 2017
ACTION REQUESTED: Approve & Sign Non -Discrimination Agreement for
2017 and Title VI Annual Accomplishment Update
Report for 2016 with the Washington State
Department of Transportation (WSDOT) for a local
agency under 100,000 Population.
BACKGROUND: The Civil Rights Restoration Act of 1987 broadened
the scope of Title VI of the Civil Rights Act of 1964 to
include all programs or activities of federal aid
recipients, sub -recipients, and
contractors/ consultants, whether such programs and
activities are federally assisted or not.
The Federal Highway Administration (FHWA)
requires that any local agency that receives any
federal grants, loans, contracts, property, discounts or
other federal assistance extended by WSDOT enter
into a non-discrimination agreement with WSDOT.
WSDOT approved Kittitas County's Title VI Program
Implementation Plan on August 25, 2006. Kittitas
County has also submitted a Title VI Annual
Accomplishment and Update Report each year as
required.
The Federal Highway Administration requires a new
Non -Discrimination Agreement be submitted if the
chief executive officer has changed since the last NDA
or update report. The Board of Commissioners
Chairman changes each year, requiring an update to
this agreement. The annual accomplishment update
report is for the 2016 period.
INTERACTION: Public Works
RECOMMENDATION: Move to Approve Board Chair signature on the Non -
Discrimination Agreement for 2017 and Title VI
Annual Accomplishment Update Report for 2016
HANDLING: Sign 3 originals and return 2 signed originals to
Public Works
ATTACHMENTS: NDA for 2017
2016 Annual Title VI Report
Resolution
LEAD STAFF: Lucas Huck, County Engineer
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2017 -
RESOLUTION TO APPROVE THE NON-DISCRIMINATION AGREEMENT BETWEEN
KITTITAS COUNTY AND FEDERAL HIGHWAY ADMINISTRATION AND THE
TITLE VI ANNUAL ACCOMPLISHMENT UPDATE REPORT FOR 2016
WHEREAS: The Federal Highway Administration (FHWA) requires that any local agency that
receives any federal grants, loans, contracts, property, discounts or other Federal
assistance extended by Washington State Department of Transportation
(WSDOT) enter into a Non -Discrimination Agreement (NDA) with WSDOT, and
WHEREAS: The FHWA requires a new NDA be submitted if the Chief Executive Officer has
changed since the last NDA or update report; and
WHEREAS: WSDOT requires an updated Title VI Annual Accomplishment Update Report
because Kittitas County received federal funds during the 2016 reporting
period; and
NOW, THEREFORE BE IT RESOLVED The Kittitas County Board of County Commissioners
hereby authorizes the Chairman of the Board to sign the attached Non -Discrimination
Agreement between Kittitas County and Washington State Department of Transportation for
2017 and the Title VI Annual Accomplishment Update Report for 2016.
DATED this 7th day of February, 2017, at Ellensburg, Washington.
Attest:
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Paul Jewell. Chairman
Laura Osiadacz, Vice -Chairman
Obie O'Brien, Commissioner
Nondiscrimination Agreement Population Under 100,000
Washington State Department of Transportation
and Kittitas County Policy Statement
The Kittitas County, hereinafter referred to as the "Recipient" assures that no person
shall on the grounds of race, color, national origin, or sex, as provided by Title VI of
the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L.
100.259) be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity. The Recipient further
assures every effort will be made to ensure nondiscrimination in all of its programs and
activities, whether those programs and activities are federally funded or not.
The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by
expanding the definition of terns "programs or activities" to include all programs or
activities of federal aid recipients, sub -recipients, and contractors/consultants, whether
such programs and activities are federally assisted or not (Public Law 100259 [5.557]
March 22, 1988).
In the event the Recipient distributes federal aid funds to a sub -recipient, the Recipient
will include Title VI language in all written agreements and will monitor for
compliance.
The Recipient's Public Works Department, is responsible for initiating and monitoring
Title VI activities, preparing reports and other responsibilities as required by 23 Code
of Federal Regulation(CFR) 200 and 49 Code of Federal Regulation 21.
Signature
Chairman of the Board, Kittitas County Board of Commissioners
Title
Date
Title VI Program
Organization and Staffing
Pursuant to 23 CFR 200, Kittitas County has designated a Title VI Coordinator who
is responsible for Attachment 1, which describes the hierarchy for Kittitas Countiy's
Title VI Program, including an organization's chart illustrating the level and
placement of Title VI responsibilities.
Page 1
Assurances
49 CFR Part 21.7
The Kittitas County, hereby gives assurances:
1. That no person shall on the grounds of race, color, national origin, and sex,
be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity conducted by the
recipient regardless of whether those programs and activities are federally
funded or not. Activities and programs which the recipient hereby agrees to carry
out in compliance with Title VI and related statutes include but are not limited to:
• List all major Transportation programs and activities of the recipient and
Title VI responsibilities for each one of them. Include information as
Attachment 2 to this Nondiscrimination Agreement.
2. That it will promptly take any measures necessary to effectuate this agreement.
3. That each Transportation program, activity, and facility (i.e., lands change to
roadways, park and ride lots, etc.) as defined at 49 CFR 21.23(b) and (e), and the
Civil Rights Restoration Act of 1987 will be (with regard to a program or activity)
conducted, or will be (with regard to a facility) operated in compliance with the
nondiscriminatory requirements imposed by, or pursuant to, this agreement.
4. That these assurances are given in consideration of and for the purpose of
obtaining any and all federal grants, loans, contracts, property, discounts or other
federal financial assistance extended after the date hereof to the recipient by the
Washington State Department of Transportation (WSDOT) under the federally -
funded program and is binding on it, other recipients, subgrantees, contractors,
sub -contractors, transferees, successors in interest and other participants. The
person or persons whose signatures appear below are authorized to sign these
assurances on behalf of the Recipient.
5. That the Recipient shall insert the following notification in all solicitations for
bids for work or material subject to the Regulations and made in connection with
all federally -funded programs and, in all proposals for negotiated agreements.
The Recipient, in accordance with Title VI of the Civil Rights Act of 1964,
78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded
full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, or sex in
consideration for an award.
Page 2
6. That the Recipient shall insert the clauses of Appendix 1 of this Agreement in every
contract subject to the Act and the Regulations.
7. That the Recipient shall insert the clauses of Appendix 2 of this Agreement, as
a covenant running with the land, in any deed from the United States effecting a
transfer of real property, structures, or improvements thereon, or interest therein.
8. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of
this Agreement, as a covenant running with the land, in any future deeds, leases,
permits, licenses, and similar agreements entered into by the Recipient with other
parties: (a) for the subsequent transfer of real property acquired or improved under
a federal aid program; and (b) for the construction or use of or access to space on,
over or under real property acquired, or improved under a federal aid program.
9. The Recipient agrees that the United States has a right to seek judicial enforcement
with regard to any matter arising under the Act, the Regulations, and this
agreement.
Implementation Procedures
This agreement shall serve as the recipient's Title VI plan pursuant to 23 CFR 200
and 49 CFR 21.
For the purpose of this agreement, "Federal Assistance" shall include:
1. Grants and loans of federal funds.
2. The grant or donation of federal property and interest in property.
3. The detail of federal personnel.
4. The sale and lease of, and the permission to use (on other than a casual or transient
basis), Federal property or any interest in such property without consideration or at
a nominal consideration, or at a consideration which is reduced for the purpose of
assisting the recipient, or in recognition of the public interest to be served by such
sale or lease to the recipient.
5. Any federal agreement, arrangement, or other contract which has as one of its
purposes, the provision of assistance.
The recipient shall:
1. Issue a policy statement, signed by the head of the recipient, which expresses its
commitment to the nondiscrimination provisions of Title VI. The policy statement
shall be circulated throughout the recipient's organization and to the general
public. Such information shall be published where appropriate in languages other
than English.
2. Take affirmative action to correct any deficiencies found by WSDOT or the United
States Department of Transportation (USDOT) within a reasonable time period,
not to exceed 90 days, in order to implement Title VI compliance in accordance
with this agreement. The head of the recipient shall be held responsible for
implementing Title VI requirements.
Page 3
Designate a civil rights coordinator who has a responsible position in the
organization and easy access to the head of the recipient. The civil rights
coordinator shall be responsible for initiating and monitoring Title VI activities
and preparing required reports.
4. The civil rights coordinator shall adequately implement the civil rights
requirements.
5. Process complaints of discrimination consistent with the provisions contained in
this agreement. Investigations shall be conducted by civil rights personnel trained
in discrimination complaint investigation. Identify each complainant by race,
color, national origin or sex, the nature of the complaint, the date the complaint
was filed, the date the investigation was completed, the disposition, the date of the
disposition, and other pertinent information. A copy of the complaint, together with
a copy of the recipient's report of investigation, will be forwarded to WSDOT's
Office of Equal Opportunity (OEO) within 10 days of the date the complaint was
received by the recipient.
6. Collect statistical data (race, color, national origin, sex) of participants in,
and beneficiaries of the Transportation programs and activities conducted by
the recipient.
Conduct Title VI reviews of the recipient and sub -recipient contractor/consultant
program areas and activities. Revise where applicable, policies, procedures and
directives to include Title VI requirements.
8. Attend training programs on Title VI and related statutes conducted by
WSDOT OEO.
9. Prepare a yearly report of Title VI accomplishments for the last year and goals
for the next year. This report is due one year from the date of approval of the
Nondiscrimination Agreement and then annually on the same date.
a. Annual Work Plan — Outline Title VI monitoring and review activities planned
for the coming year; state by which each activity will be accomplished and
target date for completion.
b. Accomplishment Report — List major accomplishments made regarding
Title VI activities. Include instances where Title VI issues were identified
and discrimination was prevented. Indicate activities and efforts the Title
VI Coordinator and program area personnel have undertaken in monitoring
Title VI. Include a description of the scope and conclusions of any special
reviews (internal or external) conducted by the Title VI Coordinator. List any
major problem(s) identified and corrective action taken. Include a summary
and status report on any Title VI complaints filed with the recipient.
Page 4
Discrimination Complaint Procedure
Any person who believes that he or she, individually, as a member of any specific
class, or in connection with any disadvantaged business enterprise, has been
subjected to discrimination prohibited by Title VI of the Civil Rights Act of
1964, the American with Disabilities Act of 1990, Section 504 of the Vocational
Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as
amended, may file a complaint with the recipient. A complaint may also be filed
by a representative on behalf of such a person. All complaints will be referred to
the recipient's Title VI Coordinator for review and action.
2. In order to have the complaint consideration under this procedure, the complainant
must file the complaint no later than 180 days after:
a. The date of alleged act of discrimination; or
b. Where there has been a continuing course of conduct, the date on which that
conduct was discontinued.
In either case, the recipient or his/her designee may extend the time for filing or
waive the time limit in the interest of justice, specifying in writing the reason
for so doing.
3. Complaints shall be in writing and shall be signed by the complainant and/or the
complainant's representative. Complaints shall set forth as fully as possible the
facts and circumstances surrounding the claimed discrimination. In the event that
a person makes a verbal complaint of discrimination to an officer or employee
of the recipient, the person shall be interviewed by the Title VI Coordinator.
If necessary, the Title VI Coordinator will assist the person in reducing the
complaint to writing and submit the written version of the complaint to the person
for signature. The complaint shall then be handled according to the recipient's
investigative procedures.
4. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation,
inform the complainant of action taken or proposed action to process the allegation,
and advise the complainant of other avenues of redress available, such as WSDOT
and USDOT.
5. The recipient will advise WSDOT within 10 days of receipt of the allegations.
Generally, the following information will be included in every notification to WSDOT:
a. Name, address, and phone number of the complainant.
b. Name(s) and address(es) of alleged discriminating official(s).
c. Basis of complaint (i.e., race, color, national origin, or sex)
d. Date of alleged discriminatory act(s).
e. Date of complaint received by the recipient.
f. A statement of the complaint.
g. Other agencies (state, local, or federal) where the complaint has been filed.
h. An explanation of the actions the recipient has taken or proposed to resolve
the issue raised in the complaint.
Page 5
6. Within 60 days, the Title VI Coordinator will conduct an investigation of the
allegation and based on the information obtained, will render a recommendation for
action in a report of findings to the head of the recipient. The complaint should be
resolved by informal means whenever possible. Such informal attempts and their
results will be summarized in the report of findings.
7. Within 90 days of receipt of the complaint, the head of the recipient will notify
the complainant in writing of the final decision reached, including the proposed
disposition of the matter. The notification will advise the complainant of his/
her appeal rights with WSDOT, or USDOT, if they are dissatisfied with the final
decision rendered by the Recipient. The Title VI Coordinator will also provide
WSDOT with a copy of this decision and summary of findings upon completion
of the investigation.
8. Contacts for the different Title VI administrative jurisdictions areas follows:
Washington State Department of Transportation
Office of Equal Opportunity, Title VI Program
PO Box 47314
Olympia, WA 98466
360-705-7098
Federal Highway Administration
Washington Division Office
711 Capitol Way South, Suite 501
Olympia, WA 98501
360-534-9325
Page 6
Sanctions
In the event the recipient fails or refuses to comply with the terms of this agreement,
WSDOT may take any or all of the following actions:
I. Cancel, terminate, or suspend this agreement in whole or in part;
2. Refrain from extending any further assistance to the recipient under the program
from which the failure or refusal occurred until satisfactory assurance of future
compliance has been received from the recipient.
3. Take such other action that may be deemed appropriate under the circumstances,
until compliance or remedial action has been accomplished by the recipient.
4. Refer the case to the Department of Justice for appropriate legal proceedings.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION:
Signature
Director of the Office of Equal Opportunity
Title
Date
Kittitas County
Signature
Chairman of the Board, Kittitas County Board of Commissioners
Title
Date
Page 7
Appendix 1
During the performance of this contract, the contractor/consultant, for itself, its
assignees and successors in interest (hereinafter referred to as the "contractor") agrees
as follows:
Compliance With Regulations — The contractor shall comply with the Regulations
relative to nondiscrimination in federally -assisted programs of United States
Department of Transportation (USDOT), Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time, (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of
this contract.
2. Nondiscrimination — The contractor, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, sex,
or national origin in the selection and retention of sub -contractors, including
procurement of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment — In all solicitations either by competitive bidding or negotiations
made by the contractor for work to be performed under a sub -contract, including
procurement of materials or leases of equipment, each potential sub -contractor or
supplier shall be notified by the contractor of the contractor's obligations under this
contract and the Regulations relative to nondiscrimination on the grounds of race,
color, sex, or national origin.
4. Information and Reports — The contractor shall provide all information and
reports required by the Regulations or directives issued pursuant thereto, and shall
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the contracting agency or the appropriate federal
agency to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the contractor
shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance— In the event of the contractor's noncompliance
with the nondiscrimination provisions of this contract, the contracting agency
shall impose such contract sanctions as it or the USDOT may determine to be
appropriate, including, but not limited to:
• Withholding of payments to the contractor under the contract until the
contractor complies, and/or;
• Cancellation, termination, or suspension of the contract, in whole or in part
Page 8
6. Incorporation of Provisions —The contractor shall include the provisions of
paragraphs (1) through (5) in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The contractor shall take such action with respect to any sub-
contractor or procurement as the contracting agency or USDOT may direct as
a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a sub -contractor or supplier as a result of such
direction, the contractor may request WSDOT enter into such litigation to protect
the interests of the state and, in addition, the contractor may request the USDOT
enter into such litigation to protect the interests of the United States.
Page 9
Appendix 2
The following clauses shall be included in any and all deeds affecting or recording the
transfer of real property, structures or improvements thereon, or interest therein from
the United States.
GRANTING CLAUSE
NOW THEREFORE, Department of Transportation, as authorized by law, and upon
the condition that the state of Washington will accept title to the lands and maintain
the project constructed thereon, in accordance with Title 23, United States Code, the
Regulations for the Administration of Federal Aid for Highways and the policies and
procedures prescribed by the United States Department of Transportation and, also in
accordance with and in compliance with all requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, the
Department of Transportation WSDOT (hereinafter referred to as the Regulations)
pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252: 42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and
convey unto the state of Washington all the right, title, and interest of the Department
of Transportation in and to said land described in Exhibit A attached hereto and made
a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the state of
Washington, and its successors forever, subject, however, to the covenants, conditions,
restrictions and reservations herein contained as follows, which will remain in effect
for the period during which the real property or structures are used for a purpose for
which the federal financial assistance is extended or for another purpose involving
the provisions of similar services or benefits and shall be binding on the state of
Washington, its successors, and assigns.
The state of Washington, in consideration of the conveyance of said lands and
interests in lands, does hereby covenant and agree as a covenant running with the
land for itself, its successors and assigns, that (1) no person shall on the grounds
of race, color, sex or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subject to discrimination with regard to any facility
located wholly or in part on, over, or under such lands hereby conveyed (,)(and)*
(2) that the state of Washington, shall use the lands and interests in lands so conveyed,
in compliance with all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Non -Discrimination of Federally -Assisted Programs of the Department of
Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended (,) and (3) that in the event of breach of any of the above
mentioned nondiscrimination conditions, the department shall have a right to reenter
said lands and facilities on said land, and the above described land and facilities shall
thereon revert to and vest in and become the absolute property of the Department of
Transportation and its assigns as such interest existed prior to this instruction.
Page 10
Appendix 3
The following clauses shall be included in all transportation related deeds, licenses,
leases, permits, or similar instruments entered into by (Recipient) pursuant to the
provisions of Assurance 8.
The LESSEE, for himself or herself, his or her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land that in the event facilities are
constructed, maintained, or otherwise operated on the said property described in this
lease, for a purpose of which a Department of Transportation program or activity is
extended or for another purpose involving the provision of similar services or benefits,
the LESSEE shall maintain and operate such facilities and services in compliance with
all other requirements imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation --Effectuation of Title VI of the Civil Rights Act of 1964, as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the
STATE shall have the right to terminate the lease, and to reenter and repossess said
land and the facilities thereon, and hold the same as if said lease has never been made
or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar
agreements entered into by the Washington State Department of Transportation
pursuant to the provisions of Assurance 8.
The LESSEE, or himself or herself, his or her personal representatives, successors
in interest, and assigns, as a part of the consideration hereof, does hereby covenant
and agree as a covenant running with the land that (1) no person, on the grounds
of race, color, sex, or national origin, shall be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over or under such
land and furnishing of services thereon, no person on the grounds of race, color, sex,
and national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises
in compliance with all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation --Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the
STATE shall have the right to terminate the lease, and to reenter and repossess said
land and the facilities thereon, and hold the same as if said lease had never been made
orissued.
Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate
the purpose of Title VI of the Civil Rights Act of 1964.
Page 11
Non -Discrimination Agreement
Annual Report
Population Under 100,000
Washington State Department of Transportation (WSDOT)
Recipient: Kittitas County
Reporting Year 2016
Reporting Period February 1. 2016 to January 31, 2017
As stipulated in this agency's Title VI Program Non -Discrimination Agreement, WSDOT's
approval letter to that agreement, and WSDOT's Highways and Local Programs Local Agency
Guidelines Manual (Chapter 28), the annual accomplishment and update report for the
reporting period reflected above is hereby submitted.
Current Chief Executive Officer:
Name: Paul Jewell
Title: Chairman of the Board, Kittitas County Board of Commissioners
Planning or Public Works Director:
Name: Mark Cook
Title: Public Works Director
Title VI Coordinator:
Name: G. Lucas Huck, PE
Title: County Engineer
SUBMITTED by:
Signature
Typed / Printed Name
Chairman of the Board. Kittitas County Board of Commissioners
Title
Date
Non -Discrimination Agreement
Annual Report
Population Under 100,000
1. Report any changes in the organizational structure since the last reporting period.
(Example: New Title VI Coordinator, new planning or public works directors, etc.)
a. Report should identify the changes in the racial/gender composition of those
persons involved in the transportation decision making, including planning and
advisor staff.
The position responsible for initiating and monitoring Title VI activities has changed
and will be managed by the County Engineer, G. Lucas Huck, PE. Important
transportation project decisions are being made by:
Mark Cook,
Public Works Director, Native American, USA birthplace
G. Lucas Huck, PE,
County Engineer, White, USA birthplace
Sara Folk,
Construction Manager, White, USA birthplace
Justin Turnbull
County Surveyor, White, Canada birthplace
The most current Public Works organization chart is presented in Attachment A. The
County Engineer, who has Title VI Coordinator responsibilities, has direct access to
the chief executive officer, who is the Chair of the Kittitas County Board of
Commissioners.
2. Using the most current data available (through Census or Washington State Office of
Financial Management), describe the demographics within your jurisdiction.
The United States Census Bureau data indicates the following demographics for
Washington State and Kittitas County:
Kittitas County, Washington People Quick Facts — 2015 estimate
Total
Washington 7,170,351
% of total pop.
Kittitas 43,269
% of total pop.
' AIAN: American Indian and Alaska Native.
2 API: Asian and Pacific Islander.
N
Two or
More
White
Black
AIAN'
API
Races
5,757,791
293,984
136,237
602,309
329,836
80.3%
4.1%
1.9%
8.4%
4.6%
39,721
519
519
1,124
1,384
91.8%
1.2%
1.2%
2.6%
3.2%
' AIAN: American Indian and Alaska Native.
2 API: Asian and Pacific Islander.
N
Non -Discrimination Agreement
Annual Report
Population Under 100,000
a. Describe any required Title VI activities and/or studies conducted that provided
data relative to minority persons, neighborhoods, income levels, physical
environment, and travel habits.
The Average Daily Traffic (ADT) level and pavement condition is estimated for all
county roads every other year at a minimum and used to prioritize future
transportation improvements.
b. How was the information utilized or Title VI provisions and needs applied in each
study or activity?
The Average Daily Traffic (ADT) level and pavement condition is used annually to
prioritize future transportation improvements. All county roads are included in this
analysis, considering all population groups — including minority, women, low-
income, and limited English proficiency population groups equally. Title VI
provisions will be met through any contracts associated with this activity.
3. List any Public outreach activities during the reporting period such as, public
announcements and/or communications for meetings, hearings, project notices.
Include the following:
a. How were special language needs assessed? List the special language needs
assessments conducted.
All public meeting agendas, minutes, public announcements, project notices, and
other materials related to public outreach are posted on the County's website and
can be translated into 43 different languages by using the Bing translate option
when you right click the page.
b. What outreach efforts did you utilize to ensure that minority, women, low-income,
and LEP population groups were provided equal opportunity to participate in
those outreach activities. (Examples: provided materials in other languages, met
with local social service agencies, advertised in a minority publication).
The County's webpages and all documents on the County's website can be
translated into 43 different languages by using the Bing translate option when you
right click the page.
There are only two local newspapers in Kittitas County. Kittitas County advertises its
open houses and public meetings in both of these two newspapers. In 2016,
outreach activities included:
• Annual Comprehensive Plan Amendment Open Houses and public hearings.
• Kittitas County 2017 Transportation Plan Open Houses.
Non -Discrimination Agreement
Annual Report
Population Under 100,000
• Naneum, Wilson and Cherry Creek Assessment public meeting
• GMA Shoreline Master Program public meetings.
• Lodge Creek Culvert Replacement public meeting
All open houses and public meetings are held in accessible locations. All population
groups — including minority, women, low-income, and limited English proficiency
population groups are encouraged to participate. Open houses and public meetings
are held in both Upper County and Lower County, or the neighborhood where the
project is taking place to encourage all population groups to participate, including
minority, women, low-income, and limited English proficiency population groups.
Holding the open houses in several locations makes it easier for persons who could
not afford to drive long distances participate or who have limited schedules.
Advertisements requesting qualifications for contractual services include the
following statements:
"Kittitas County encourages disadvantaged business enterprise CONSULTANT
firms to respond."
"The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26
will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, national origin, or
sex in consideration for an award."
Bid documents include Title VI requirements, indicating that the County provides
equal opportunity for all population groups — including minority, women, low-
income, and limited English proficiency population groups to participate. The
specific wording Kittitas County uses is from WSDOT's Local Agency Manual and
WSDOT's General Special Provisions (GSPs).
c. List the special language services provided — note the professional language service
provided including the name of the service, date provided, number of persons
served, and any other relevant information.
No special language services were requested for these activities.
2
Non -Discrimination Agreement
Annual Report
Population Under 100,000
d. List any costs incurred for translations and interpreters for each activity.
No translators or interpreters were requested for each of these activities.
4. List all the transportation related contracts (Federal and others) that were executed
during the reporting period. (Please include construction, consultant agreements for
planning, design, engineering, environmental, research, maintenance, etc.)
a. Include dollar value of each
Amount of
Description of Contract
Vendor
Contract
Date Signed
Mt. Daniels Drive Extension
J -U -B
$3,740.00
9/9/16
Encompass Engineering &
Lodge Creek Culvert Replacement (Design)
Surveying
$9,770.00
5/11/16
Six -Year Transportation Improvement Plan
Jacobs Engineering Group
$36,791.00
10/4/16
Redesign of Westside Road Highway Safety
Improvement Project
Sargent Engineers
$28,483.00
8/08/16
Silica Road Bridge
Big R Bridge
$34,893.83
8/2/16
Annual Striping Project — 2016
(Maintenance)
Stripe Rite, Inc.
$242,205.53
5/25/16
Teanaway Road Hydraulics Improvements
Projects (Design)
Environmental Science Associates
$54,476.58
5/2/16
No. 6 Road Improvements (Construction)
Columbia Asphalt
$1,116,343.41
5/19/16
Westside Road R -O -W and Topographic
Survey (Design)
Cruse and Associates
$24,261.05
3/18/16
RS 201=
$0.4622
Crack Sealant Materials for 2016
RS 211=
(Maintenance)
Special Asphalt Products
$0.4298
3/1/16
Liquid Asphalt Materials for 2016—
Schedule A
Western States Asphalt, Inc.
$1,461,117.96
3/1/16
Liquid Asphalt Materials for 2016 -
Schedule B
Albina Asphalt
$1,548,431.50
3/1/16
Asphalt Materials for 2016—Schedule A
Granite Construction Company
$329,400.00 &
and B
and Columbia Ready Mix Inc.
$3,067.20
3/1/16
Lodge Creek Culvert Replacement
(Construction)
Atkinson Construction
$740,070.03
8/2/16
Lodge Creek Culvert Replacement (Design)
Jacobs Engineering Group, Inc.
$143,789.00
5/2/16
Watershed Science and
Lodge Creek Culvert Replacement (Design)
Engineering
$19,277.00
4/25/16
Lodge Creek Culvert Replacement (Design)
Jacobs Engineering Group, Inc.
$5,000.00
5/23/16
Westside Road Safety Improvements
Project
Petersen Brothers, Inc.
$374,642.88
11/4/16
Non -Discrimination Agreement
Annual Report
Population Under 100,000
b. Other than advertising in your local legal publication, what outreach was made to
DMWBE forms that a contracting opportunity existed within your agency?
In addition to advertising in the local legal publication the Ellensburg Daily Record,
projects are typically advertised in the Seattle Daily Journal of Commerce and the
Northern Tribune, depending on the complexity and type of services needed for the
project. Advertising is the only method of outreach to all persons and firms.
c. Identify the DMWBE contracts that were awarded and their dollar amount.
Contract
DMWBE Firm Name Amount Project Name
d. Is there a Title VI Non -Discrimination statement included in all contracts and public
notices?
Yes.
e. How did your organization ensure that minority, women, and disadvantaged firms
were provided equal opportunity to participate in the contracting arena?
All advertising for contractual services include the following statements:
"Kittitas County encourages disadvantaged business enterprise CONSULTANT
firms to respond."
"The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26
will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, national origin, or
sex in consideration for an award."
Non -Discrimination Agreement
Annual Report
Population Under 100,000
All bid advertisements include the required Title VI language as provided for in
WSDOT's General Special Provisions (GSPs).
Summarize any transportation projects that identify potential impacts to minority
and/or low income Environmental Justice (EJ) populations (i.e., impacts such as
displacements, increased noise, bisecting neighborhoods, et al). Note the following:
a. How impacts were minimized/mitigated.
There were no transportation projects that impacted Environmental Justice
populations with displacements, increased noise, bisecting neighborhoods or other
similar impacts.
b. Also include a statement, if applicable, on projects that specifically benefit
community cohesion such as: adding sidewalks, improving access to properties
that improve access for EJ populations.
No projects that specifically benefit community cohesion were constructed in 2016.
One project was identified during the Annual Comprehensive Plan Amendment
Open Houses and public hearings, that was adopted into the budget that included
installation of access for non -motorized travel from a local development to the
community park.
6. If Right of Way has been acquired for a transportation project. Please describe:
c. No Right of Way was acquired for transportation projects during 2016.
List and describe any Title VI related complaints, as a result of transportation activities
and projects. Include:
No Title VI related complaints were recorded in 2016.
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