HomeMy WebLinkAboutTitle6WSDOTKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: February 6111, 2018
ACTION REQUESTED: Approve & Sign Non -Discrimination Agreement and
Title VI Annual Accomplishment Update Report for
2017 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 2017 period.
INTERACTION: Public Works
RECOMMENDATION: Move to Approve Board Chair signature on the Non -
Discrimination Agreement and Title VI Annual
Accomplishment Update Report for 2017
HANDLING: Sign 3 originals and return 2 signed originals to
Public Works
ATTACHMENTS: NDA for 2017
2017 Annual Title VI Report
Resolution
LEAD STAFF: Lucas Huck, County Engineer
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2018 -
TO APPROVE THE CHAIR'S SIGNATURE ON THE NON-DISCRIMINATION
AGREEMENT BETWEEN KITTITAS COUNTY AND FEDERAL HIGHWAY
ADMINISTRATION AND THE TITLE VI ANNUAL ACCOMPLISHMENT
UPDATE REPORT FOR 2017
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 2017
reporting period; and
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in
the best interest of the public, does hereby approve the Chair's signature
on the attached Nondiscrimination Agreement between Kittitas County
and Washington State Department of Transportation and the Title VI
Annual Accomplishment Update Report for 2017.
DATED on this 6th day of February, 2018, at Ellensburg, Washington.
Attest:
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
BOARD OF COUNTY
COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
Obie O'Brien, Vice -Chairman
Paul Jewell, Commissioner
TITLE VI
NON-DISCRIMINATION AGREEMENT
Washington State Department of Transportation
and
Name of Recipient
Policy Statement
The (Name of Recipient), 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 non-discrimination 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 terms "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 [S.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 (Name of person/division), 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.
Name of Responsible Agency Official (Please Print)
Chairman of the Board, Kittitas County
Title
Title VI
Non -Discrimination Agreement
Page No. 1
Title VI Program
Organization and Staffing
Pursuant to 23 CFR 200, (Name of Recipient) has appointed a Title VI Specialist who is
responsible for Attachment 1, which describes the hierarchy for (Name of Recipient)'s Title VI
Program, including an organization's chart illustrating the level and placement of Title VI
responsibilities.
Assurances
49 CFR Part 21.7
The (Name of the Recipient), 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 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 program, activity, and facility 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 adapted form all proposals for negotiated agreements.
Title VI
Non -Discrimination Agreement
Page No. 2
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 23 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.
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.
Title VI
Non -Discrimination Agreement
Page No. 3
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, and
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 it's
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.
3. Establish a civil rights unit and designate a coordinator who has a responsible position in
the organization and easy access to the head of the recipient. This unit shall contain a
Title VI Specialist, who shall be responsible for initiating and monitoring Title VI activities
and preparing required reports.
4. Adequately staff the civil rights unit to effectively 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
Title VI
Non -Discrimination Agreement
Page No. 4
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 programs and activities conducted by the recipient.
7. 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. Conduct training programs on Title VI and related statutes.
9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next
year.
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 Specialist 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
Specialist. 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.
Title VI
Non -Discrimination Agreement
Page No. 5
Discrimination Complaint Procedure
1. 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 Specialist 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 Specialist. If necessary, the Title VI Specialist 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 Specialist will acknowledge receipt of the allegation, inform the
complainant of action taken or proposed action to process the allegation, an 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.
Title VI
Non -Discrimination Agreement
Page No. 6
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.
6. Within 60 days, the Title VI Specialist 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 Specialist 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 are as 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
Title VI
Non -Discrimination Agreement
Page No. 7
Sanctions
In the event the recipient fails or refuses to comply with the terms of this agreement, the
WSDOT may take any or all of the following actions:
a) Cancel, terminate, or suspend this agreement in whole or in part;
b) 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.
c) Take such other action that may be deemed appropriate under the circumstances, until
compliance or remedial action has been accomplished by the recipient.
d) Refer the case to the Department of Justice for appropriate legal proceedings
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION:
Signature
External Civil Rights Branch Manager
Title
Date
NAME OF RECIPIENT:
Signature
Chairman of the Board, Kittitas County
Title
Date
Title VI
Non -Discrimination Agreement
Page No. 8
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:
1. Compliance with Regulations
The contractor shall comply with the Regulations relative to non-discrimination 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. Non-discrimination
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 Sub -contracts, 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 non-
discrimination 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 Non-compliance
In the event of the contractor's non-compliance with the non-discrimination 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
6. Incorporation of Provisions
The contractor shall include the provisions of paragraphs (1) through (5) in every sub -contract,
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 non-
compliance.
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.
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 an 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 1064 (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 non-discrimination 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.'
' 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.
Appendix 3
The following clauses shall be included in all 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, Non-discrimination 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 non-discrimination 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, Non-discrimination 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 non-discrimination covenants, the STATE
shall have the right to terminate the ease, and to reenter and repossess said land and the
facilities thereon, and hold the same as if said lease had never been made or issued.
Non -Discrimination Agreement
Annual Report
Population Under 100,000
Washington State Department of Transportation (WSDOT)
Recipient: Kittitas County
Reporting Year 2017
Reporting Period February 1, 2017 to January 31, 2018
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: Laura Osiadacz
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
Laura Osiadacz
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 — 2016 estimate
Total
Washington 7,405,743
% of total pop.
Kittitas 44,866
' AIAN: American Indian and Alaska Native.
2 API: Asian and Pacific Islander.
6
Two or
More
White
Black
AIAN'
API
Races
5,757,791
293,984
136,237
602,309
329,836
80.0%
4.1%
1.9%
0.8%
4.6%
538
41,142
538
583
1,122
1,481
' AIAN: American Indian and Alaska Native.
2 API: Asian and Pacific Islander.
6
Non -Discrimination Agreement
Annual Report
Population Under 100,000
% of total pop. 91.7% 1.2% 1.3% 0.2% 3.3%
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 2017,
outreach activities included:
3
Non -Discrimination Agreement
Annual Report
Population Under 100,000
• Annual Comprehensive Plan Amendment Open Houses and public hearings.
• Kittitas County 2017 Transportation Plan Open Houses.
• 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.
Non -Discrimination Agreement
Annual Report
Population Under 100,000
No special language services were requested for these activities.
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
Exhibit A
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."
Non -Discrimination Agreement
Annual Report
Population Under 100,000
"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."
All bid advertisements include the required Title VI language as provided for in
WSDOT's General Special Provisions (GSPs).
S. 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.
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 2017.
7. 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 2017.
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EXHIBIT A
Transportation Related Contracts
Description
Date Signed
Agreement Number
Consultant Agreement for Prof.Geotechnical
Northwest Hydraulic Consultants
less than $50,000 per task order
2/7/2017
RES #2017-029
and Material Testing Services Contract
Consultant Agreement for Prof.Geotechnical
Watershed Science & Engineering
less than $50,000 per task order
2/7/2017
RES #2017-029
and Material Testing Services Contract
Consultant Agreement for Prof.Hydraulics
Baer Testing
less than $50,000 per task order
2/7/2017
RES #2017-030
and Hydrology Services Contract
Consultant Agreement for Prof.Hydraulics
Intermountain Materials Testing
less than $50,000 per task order
2/7/2017
RES #2017-030
and Hydrology Services Contract
Consultant Agreement for Prof.Civil,
Structural and Construction Engineering
KPFF
less than $50,000 per task order
2/7/2017
RES #2017-033
Services Contract
Consultant Agreement for Prof.Civil,
Structural and Construction Engineering
KPG
less than $50,000 per task order
2/7/2017
RES #2017-033
Services Contract
Consultant Agreement for Prof.Civil,
Structural and Construction Engineering
Jacobs Engineering Firm
less than $50,000 per task order
2/7/2017
RES #2017-033
Services Contract
Consultant Agreement for Prof.Enviro,
Archaeological and Planning Services
Jacobs Engineering Firm
less than $50,000 per task order
2/7/2017
RES #2017-035
Contract
Asphalt Material for 2017
Granite Construction Company
$315,187.20
3/7/2017
RES #2017-042
Asphalt Material for 2017
Interstate Concrete and Asphalt
$322,056.00
3/7/2017
RES #2017-042
Liquid Asphalt Material for 2017 schedule A
Western States Asphalt
$1,887,570.00
3/7/2017
RES #2017-043
Liquid Asphalt Material for 2017 Schedule B
Albina Asphalt
$2,053,886.50
3/7/2017
RES #2017-043
Crack Sealant Material for 2017
Special Asphalt Products
$18,015.30
3/7/2017
RES #2017-044
Maintenance Rock Material for 2017
$356,778 vendor loaded
Schedule A (Ki[titas County)
Ellensburg Cement Products
$342,306 County loaded
3/7/2017
RES #2017-045
Maintenance Rock Material for 2017
Schedule B (Kittitas County)
Ellensburg Cement Products
$276,399.00
3/7/2017
RES #2017-045
Maintenance Rock Material for 2017
Schedule C(Kittitas County)
Ellensburg Cement Products
$368,199.00
3/7/2017
RES #2017-045
Maintenance Rock Material for 2017
$757,080 vendor loaded
ScheduleA) Yakima
(
Granite Construction Company
$693,090 County loaded
3/7/2017
RES #2017-045
Maintenance Rock Material for 2017
Schedule B (Yakima)
Granite Construction Company
$41,040.00
3/7/2017
RES #2017-045
MaintenSchedule nceC(Y Rock Material for 2017
Schedule C (Yakima)
Granite Construction Company
$38,880.00
3/7/2017
RES #2017-045
Weed Spray Material for 2017
Helena Chemical Company
$119,902.86
3/7/2017
RES #2017-046
Manufacture and Supply of Aggregate for
Bituminious Surface Treatment for 1
Ellensburg Cement Products
$484,110.00
4/10/2017
RES #2017-070
calendar year
2017 Annual Paint Stripe Program
Striperite
$233,936.10
5/22/2017
RES #2017-093
Fencing Projects located at Bowers Field
Ellensburg Fence Co.
$52,404.00
7/18/2017
RES #2017-110
intersection
Hunzinger Road Safety Impr. Project
Petersen Brothers Inc
$407,826.59
7/24/2017
RES #2017-116
Designand Fabrication of Steel Modular
Bridge
Bridge
Big R Bridge
$147,678.53
7/24/2017
RES #2017-131
Taneum Road Bridge Replacement &
RAZZ Construction
$755,461.75
8/15/2017
RES #2017-137
Washout Repair
North Fork Teanaway Road Bridge #16203
Petersen Brothers Inc
$114,937.89
8/28/2017
RES #2017-142
Snow and Ice Products for 2018
11/21/2017
RES #2017-179
$2.5197 unleaded $2.7213 mid
Petroleum and Lubricant Products for 2018
leaded $2.8822 premleaded $2.9227
Schedule A
Al Petroleum
Ethanol free $2.7213 Ethanol free mid
1/16/2018
RES #2018-012
$2.4427 Diesel
Petroleum and Lubricant Products for 2018
$2.3939 un leaded $2.6338 mid leaded
Schedule
Amerifuel
$1.2883 Diesel
1/16/2018
RES #2018-012
Petroleum and Lubricant Products for 2018
Schedule C
Al Petroleum
$20,742.05
1/16/2018
RES #2018-012
Geotechnical, Environment, Hydraulic, and
$327,653.00 Maximum Amount
Real Estate Services
Jacobs Engineering Group Inc.
Payable
10/17/2017
RES #2017-170
Manastash Creek Bridge Replacement -
$279,603.00 Maximum Amount
Design of replacement structure
Jacobs Engineering Group Inc.
Payable
8/15/2017
RES #2017-136
Kittitas County Comprehensive Plan
$111,850.00 Maximum Amount
Amendment- Transportation Element
Jacobs Engineering Group Inc.
Payable
3/8/2017
RES #2017-050
SVH Load Ratings -All Kittitas County Bridges
KPFF Consulting Engineers
$99,259.00 Maximum Amount
6/20/2017
RES #2017-101
Payable
Road No. 6 Bridge Design
KPFF Consulting Engineers
$87,500.00 Maximum Amount
7/18/2017
RES #2017-115
Payable