HomeMy WebLinkAboutResolution_Title 6 UpdateKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: April 20, 2021
ACTION REQUESTED: Request to Approve a Resolution to Sign the Non -
Discrimination Agreement (NDA) for 2021 and Title VI
Annual Accomplishment Update Report for 2018, 2019 and
2020 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.
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. Due to
staffing changes the annual accomplishment update report
had not yet been submitted for 2018 or 2019. The annual
accomplishment update report being submitted is for the
2018, 2019 and 2020 period.
INTERACTION: Public Works
RECOMMENDATION: Move to Approve the Resolution authorizing Chair
signature on the Non -Discrimination Agreement for 2021
and Title VI Annual Accomplishment Update Report for
2018, 2019 and 2020
HANDLING: Sign 3 originals and return 2 signed originals to Public
Works
ATTACHMENTS: Resolution; NDA for 2021; Annual Title VI Report for
years covering 2018, 2019 and 2020
LEAD STAFF: Joshua Fredrickson, County Engineer
BOARD OF COUNTY COMMISSIONERS
COUNTY OF IQTTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2021 -
RESOLUTION TO APPROVE THE NON-DISCRIMINATION AGREEMENT
BETWEEN KITTITAS COUNTY AND FEDERAL HIGHWAY ADMINISTRATION
AND THE TITLE VI ANNUAL ACCOMPLISHMENT UPDATE REPORT FOR
YEARS 2018, 2019 AND 2020
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 2020
reporting period.
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 2021 and the Title VI
Annual Accomplishment Update Report for years covering 2018, 2019 and
2020.
DATED on this 20' day of April 2021, at Ellensburg, Washington.
Attest:
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
BOARD OF COUNTY
COMMISSIONERS
KITTITAS COUNTY,
WASHINGTON
Brett Wachsmith, Chairman
Laura Osiadacz, Vice -Chairman
Cory Wright, Commissioner
Nondiscrimination Agreement Population Under 100,000
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 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 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.
Signature
Chairman of the Board, Kittitas County
Title
Date
Title A Program
Organization and Staffing
Pursuant to 23 CFR 200, (Name of Recipient) has designated a Title VI Coordinator
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.
April 2014 Page 1
Assurances
49 CFR Part 21.7
The (Name of the Recipient), hereby gives assurances:
I . 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 April 2014
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.
April 2014 Page 3
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.
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. 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 April 2014
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 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.
April 2014 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 April 2014
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:
1. 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
NAME OF RECIPIENT:
Signature
Chairman of the Board, Kittitas County
Title
Date
April 2014 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 April 2014
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.
April 2014 Page 9
Ga° ppentZ`hz 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 W SDOT (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 April 2014
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
orissued.
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
or issued.
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.
Apr112014 Page 11
Non -Discrimination Agreement
Annual Report
Population Under 100,000
Washington State Department of Transportation (WSDOT)
Recipient: Kittitas County
Reporting Years 2018, 2019, 2020
Reporting Period February 1. 2018 to January 31, 2021
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 281, the annual
accomplishment and update report for the reporting period reflected above is hereby submitted.
Current Chief Executive Officer:
Name: Brett Wachsmith
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: Joshua Fredrickson, PE
Title: Deputy Director / County Engineer
SUBMITTED by: Date:
Brett Wachsmith, Chairman of the Board
Kittitas County Board of Commissioners
1.
2.
Non -Discrimination Agreement
Annual Report
Population Under 100,000
Report any changes in the organizational structure since the last reporting period.
• The position responsible for initiating and monitoring Title VI activities has changed and will be
managed by the Deputy Director / County Engineer, Joshua Fredrickson, PE.
• Important transportation project decisions are being made by:
o Mark Cook, Public Works Director, Native American, USA birthplace
o Joshua Fredrickson, Deputy Director/ County Engineer, White, USA birthplace
o Justin Turnbull, County Surveyor, White, Canada birthplace
o Darren Case, Construction Manager, White, USA birthplace
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 Quick Facts webpage provided the following statistics.
DuickFacts
Washington; Kittitas County, Washington; United States
QuickFacts provides statistics for all stales and Counties, and for cities and towns with a population of 5,000 or more.
All Topics Washington Kittitas County.. Washington United States
Population estimates, July 1, 2019, (/2019) 7,614,893 47.936 328,239,523
2 PEOPLE
Population
Population estimates. July 1. 2019. (V2019)
Race and Hispanic Origin
White alone, percent
Black orAlban American alone, percent (a)
Amancen Indian and Alaska Native alone. percent (a)
Asian alone. percent (a)
Native Hawaiian and Other Pacific Islander alone, percent (a)
Two or More Races, percent
Hispanic or Latino, percent (b)
White alone, not Hispanic or Latino, percent
7,614,893
47,935
328,239,523
A 78.5%
A 91.6%
A 76.3%
4.496
& 1.2%
& 13.4%
• 1.9%
• 1.3%
♦ 1.3%
♦9696
•2.2%
♦5.990
0.8%
& 0.2%
0.2%
4.9%
3.5%
2.8%
• 13.0%
♦ 90%
18.5%
67.5%
837%
& 60.196
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.
2
Non -Discrimination Agreement
Annual Report
Population Under 100,000
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:
o In 2018 outreach activities included:
o In 2019 outreach activities included:
o In 2020 outreach activities included:
1. Open House for Upper County Maintenance Facility
2. Upper County Traffic Task Force Group
3. 2018 Road Standards Review Committee
4. Open House Flood Risk Impact on Thorp
5. Open House Flood Risk Impact on Ellensburg
6. Bowers Field Operating Agreement
7. Hazard Mitigation plan
8. Open House for Six Year Transportation Improvement Plan
and Annual Construction Program
9. Six Year Transportation Improvement Program
10. Kittitas County Progress Implementing Hazard Mitigation
Activities
11. Six Year Transportation Improvement Program
Due to the COVID-19 Pandemic declaration in March of 2020, all public meetings and open houses were
held online through the Kittitas County website. Kittitas County streams live video and audio through the
Board of County Commissioner's website. Comments were received from the public through email for the
Six Year Transportation Improvement Plan and Annual Construction Program.
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 utilizing
Google translate.
a. 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.
Non -Discrimination Agreement
Annual Report
Population Under 100,000
(Examples: Provided materials in other languages, met with local social services agencies,
advertised in minority publications.)
The County's webpages and all documents on the County's website can be translated into
different languages by using google translate.
There are only two local newspapers in Kittitas County. Kittitas County advertises its open houses and
public meetings in both local newspapers.
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.
No special professional language services have been requested, therefore there has not been any costs
incurred for translations and interpreters.
Press releases and 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."
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.)
(SEE'APPENDIX A' ATTACHED)
Other than advertising in your local legal publication, what outreach was made to the DMWBE firms
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.
4
Non -Discrimination Agreement
Annual Report
Population Under 100,000
Identify the DMWBE contracts that were awarded and their dollar amount.
Projects which included DMWBE goals included:
2020 Bullfrog Road — 2% UDBE requirement
2020 Vantage Highway Design PE —2% UDBE requirement
Is there a Title VI Nondiscrimination statement included in all contracts and public notices?
YES
5. 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:
o The Kittitas County in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 USC 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)
6. 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. Note the following:
There were no transportation projects that impacted Environmental Justice populations with
displacements, increased noise, bisecting neighborhoods or other similar impacts.
If ROW has been acquired for a transportation project, please describe:
• No Right of Way was acquired for transportation projects during 2018
• No Right of Way was acquired for transportation projects during 2019
• In 2020 Right of Way was acquired for a transportation project on Fairview Road.
o No minority, low-income, elderly or disabled persons were affected.
o There were no efforts needed to address Limited English Proficiency issues.
o There were no concerns raised by minorities and women regarding appraisals, negotiations or
payments.
Non -Discrimination Agreement
Annual Report
Population Under 100,000
8. List and describe any Title VI related complaints, as a result of transportation activities and projects.
No Title VI related complaints were recorded in 2018, 2019 or 2020.
Non -Discrimination Agreement
Annual Report
Population Under 100,000
APPENDIX A: TRANSPORTATION RELATED CONTRACTS WHICH WERE EXECUTED 2018, 2019, 2020.
APPENDIX A 2018 CONTRACTS
Description of Contract
Vendor
Arrit of Contract
Date Signed
Agreement Number
and Lubricant Products for 2018
Schedule A
A-1 Petroleum
Profit Margin 18%
1/16/2018
RES #2018-012
Petroleum and Lubricant Products for 2018
Schedule C
A-1 Petroleum
Profit Margin 18%
1/16/2018
RES #2018-012
Petroleum and Lubricant Products for 2018
Schedule B
Amerifuel
Profit Margin 30%
1/16/2018
RES #2018-012
Task Order 5 Upper County Road Maintenance
Facility Replacement Project
KPG, P.S.
$ 417,374.29
1/16/2018
RES #2018-013
Task Order 8 Budget Increase for Design Services
for No.6 Road Bridge Replacement
KPFF Consulting Engineers
$ 93,350.00
2/26/2018
RES #2018-034
Chemical/Weed Spray Materials for 2018
Helena Chemical Company
$ 82,050.22
3/6/2018
RES #2018-040
Asphalt Materials Schedule A&Bfor 2038
Granite Construction Company
$ 248,184.00
3/6/2018
RES #2018-041
Asphalt Materials Schedu le A&Bfor 2018
Columbia Asphalt and Ready Mix
$ 265,464.00
3/6/2018
RES #2018-041
Liquid Asphalt Materials Schedule A & B for 2018
Western States Asphalt, Inc.
$ 1,103,922.00
3/6/2018
RES #2018-042
Crack Sealant Materials Schedule A&Bfor 2018
Special Asphalt Products
$ 19,800.60
3/6/2018
RES #2018-043
Rock Material Schedule A,B,&Cfor 2018
Ellensburg Cement Productsl, Inc.
$ 737,370.00
3/6/2018
RES #2018-044
Task Order 12 Bridge Inspection Services
KPFF Consulting Engineers
$ 47,000.00
3/6/2018
RES #2018-045
Task Order 3 Civil Engineering Services for
Teanaway Hydraulic Improvements Project
Jacobs Enginering Group
$ 170,423.00
5/1/2018
RES #2018-074
Paint Striping Program for 2018
Stripe Rite Inc.
$ 246,121.70
5/29/2018
RES #2018-084
No 6 Bridge Replacement Project
Belsaas & Smith
$ 566,150.00
6/5/2018
RES #2018-093
Manastash Road Bridge Replacement Project
Belsaas & Smith
$ 1,767,038.00
6/19/2018
RES #2018-105
University Way Bridge Repair
Belsaas & Smith
$ 239,116.00
7/30/2038
RES #2018-118
2018 Kittitas County Safety Improvement Project
Frank Gurney, Inc.
$ 729,534.63
8/27/2018
RES #2018-137
Task Order 16 Fairview Road Cu (vert Replacement
PE Phase
Jacobs Enginering Group
$ 222,025.00
8/27/2018
RES #2018-138
Task Order Amendment 1.03 Increase amount for
Manastash Bridge Replacement Support Services
Jacobs Enginering Group
$ 301,103.00
9/10/2018
RES #2018-146
Task Order 16 Big Boulder Creek Bridge
Replacemnet Engineering and Construction
Services
KPFF Consulting Engineers
$ 173,000.00
10/2/2018
RES #2018460
Snow & Ice Control Products for 2019 (Meltdown
Inhibited)
Envirotech Services Inc.
$179.50/ton
11/20/2918
RES #2018-178
Snow & Ice Control Products for 2019 (Calciu in
Chloride)
Envirotech Services Inc.
$228.64/ton
11/20/2018
RES #2018-178
Snow & Ice Control Products for 2019 (Ice Slicer
RS)
Envirotech Services Inc.
$167.75/ton
11/20/2018
RES #2018-178
Snow & Ice Control Products for 2019 (Non
Corrosion Inhibited)
Rankin Products, LLC
$91.00/ton
11/20/2018
RES #2018-178
Snow & Ice Control Products for 2019 (Liquid
Magnesium Chloride)
Roadwise, Inc.
$151.25/ton
11/20/2018
RES #2018-178
Task Order 8 Budget Increase for Design Services
for No.6 Road Bridge Replacement
KPFF Consulting Engineers
$ 3,000.00
11/20/2018
RES #2018-184
Task Order 16 Budget Increase for Design Services
for Big Boulder Creek Bridge Replacement.
KPFF Consulting Engineers
$ 35,000.00
12/10/2018
RES #2018-203
Petroleum and Lubricant Products for 2019
Schedule A
A-1 Petroleum
Profit Margin 20%
12/18/2018
RES #2018-222
Petroleum and Lubricant Products for 2019
Schedule C
Co -Energy
$ 19,473.26
12/18/2018
RES #2018-222
Petroleum and Lubricant Products for 2019
Schedule B
Amerifuel
Profit Margin 30%
12/18/2018
RES #2018-222
Non -Discrimination Agreement
Annual Report
Population Under 100,000
APPENDIX A 2019 CONTRACTS
Description of Contract
Vendor
Amt of Contract
Date Signed
Agreement Number
Order 17 for 2019 Bridge Inspection
Services
KPFF Consulting Services
$ 106,000.00
1/28/2019
RES #2019-015
Task Order 1 General Environmental and
Planning Services
Jacobs Engineering Group
$ 100,000.00
2/5/2019
RES #2019-026
Rock Materials Schedule A,B&C for 2019
Ellensburg Cement Products, Inc.
$ 784,890.00
2/5/2019
RES #2019-029
Task Order 16 Extending Date for Fairview
Road Culvert Replacement Project
Jacobs Engineering Group
$ -
2/19/2019
RES #2019-032
Crack Sealant Materials for 2019
Special Asphalt Products
$ 19,634.79
3/5/2019
RES #2019-043
Asphalt Materials for 2019
Granite Construction Company
$ 248,184.00
3/5/2019
RES #2019-044
Liquid Asphalt Materials for 2019
Western States Asphalt, Inc.
$ 1,473,633.00
3/5/2019
RES #2019-045
Upper County Traffic Task Force Modeling
Services
Fehr & Peers
$ 50,000.00
3/5/2019
RES #2019-046
Design, Fabricating, Finishing a Steel Modular
Bridge for Big Boulder Bridge Replacement
project
Big R Bridge
$ 48,190.68
3/11/2019
RES #2019-051
Herbicide Application for 2019-2022
Woodland Resource Services
$ 25,056.00
4/22/2019
RES #2019-073
Task Order 6.03 Weihl Road Improvements
KPG, PS
$ 86,287.00
5/28/2019
RES #2019-086
2019 Annual Paint Stripe Program
Stripe Rite
$ 267,526.00
6/4/2019
RES #2019-091
Task Order 16 Additional funding for Big
Boulder Creek Bridge Replacement Project
Design
KPFF Consulting Services
$ 20,000.00
6/10/2019
RES #2019-099
Addition of Wood planks to bridge deck for
Steel Modular Bridge for Big Boulder Bridge
Replacement project.
Big R Bridge
$ 9,329.00
6/10/2019
RES #2019-100
Teanaway Road Hydraulic Improvements
Phase 1: Story Creek Culvert Replacement
Hurst Construction
$ 701,231.00
6/18/2019
RES #2019-105
Weihl Road Improvement Project
Granite Construction Company
$ 773,258.75
6/24/2019
RES #2019-107
Task Order 16.02 Increase amount for
Fairview Road Culvert Replacement Design
services
Jacobs Engineering Group
$ 51,200.00
6/24/2019
RES #2019-108
Design of Reecer Creek and University Way
Traff ice Signal
SO Alliance
$ 129,750.00
7/2/2019
RES #2019-112
Big Boulder Creek Bridge Replacement
Project
Thayer Excavating
$ 92,106.00
7/2/2019
RES #2019-113
Design and Environmental permittingfor
Kachess Lake Road Culvert Replacement
Jacobs Engineering Group
$ 209,600.00
8/12/2019
RES #2019-127
Design and Environmental permitting for
Naneum Road Culvert Replacement
Jacobs Engineering Group
$ 279,600.00
8/12/2019
RES #2019-128
Design and Environmental permitting for the
Vantage Highway Coleman Creek Culvert
Replacement Project
KPG, PS
$ 308,537.00
9/9/2019
RES #2019-141
Task Order 16.3 increase amount for design
services for Big Boulder Creek Bridge
Replacement.
KPFF Consulting Services
$ 20,000.00
11/12/2019
RES #2019-167
Petroleum and Lubricant Products for 2020
Schedule
A-1 Petroleum
Profit Margin 20%
11/19/2019
RES #2019-170
Petroleum and Lubricant Products for 2020
Schedule
Amerifuel
Profit Margin 30%
11/19/2019
RES #2019-170
Petroleum and Lubricant Products for 2020
Schedule
Co -Energy
$ 20,477.54
11/19/2019
RE5#2019-170
2020 Snow & Ice Control Products (Non
Corrosion Inhibited)
Rankin Products LLC
$97.00/ton
12/3/2019
RES #2019-181
2020 Snow & Ice Control Products
(RoadSaver)
Roadwise, Inc.
$151.25/ton
12/3/2019
RES #2019-181
Amendment 3 to Design of the Teanaway
Hydraulics Improvement Project
Jacobs Engineering Group
$ 88,600.00
12/17/2019
RES #2019-201
0
Non -Discrimination Agreement
Annual Report
Population Under 100,000
APPENDIX A 2020 CONTRACTS
Description
Date Signed
Agreement Number
Rock Materials for 2020
1 Ellensburg Cement Products
913,653.00
3/3/2020
RES p2020-036
Liquid Asphalt Materials for 2020 Schedule
Western States A,Folt
1,122,066.00
3/3/2020
RES #2020-037
Liquid Asphalt Materials for 2020 Schedule B
Albino Asphalt
1,607,673.00
3/3/2020
RES #2020-037
Asphalt Materials for 2020
Granite Construction Company
251,424.00
3/3/2020
RES #2020-038
Asphalt Materia is for 2020
Columbia Asphalt
261,144.00
3/3/2020
RES #2020-038
Crack Sealant Materials for 2020 Schedule A
Special Asphalt Products
20,674.47
3/3/2020
RES #2020-039
Crack Seale nt Materials for 2020 Schedule B
Arrow Construction
21,768.30
3/3/2020
RES #2020-039
Or -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Environmental
Jacobs Environmental
less than $50,000 per task order
4/7/2020
RES #2020-074
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Environmental
ESA
less than $50,000 per task order
4/7/2020
RES #2020-074
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Structural Engineering
Tran Tech
less than $50,00 per task order
4/7/2020
RES #2020-075
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Structural Engineering
KPFF
less than $50,00 per task order
4/7/2020
RES#2020-075
On -Call Task Order Consultant for up to 3 years for
Engineering a no Sts mord Professional Services Contracts
To nsportation Planning
Fehr and Peers
less than$50,000 per task order
4/7/2020
RES #2020.076
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Transportation Planning
SCI Alliance
less than $50,000 per task order
4/7/2020
RES #20201
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Civil Engi neeri ng
KPG
less than $50,000 per task order
4/7/2020
RES #2020-077
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Civil Engineering
HIA
less than $50,00 per task order
4/7/2020
RES #2020-077
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Material Testing
Bear Testing
less than $50,000 per task order
4/7/2020
RES #2020-078
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Materia l Testing
GeoProfessional Innovation
less than $50,000 per task order
4/7/2020
RES #2020-078
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Hydraulic and Hydrology Engineering
Watershed Science
less than $50,000 per task order
413/2020
RES #2020-080
On -Call Task Order Consultant for up to 3 years for
Engineering and Standard Professional Services Contracts
Hydraulic and Hydrology Engineering
Northwest Hydraulic Consultants
less than $50,000 per task order
4/13/2020
RES #2020-080
Procurement Contract for 60 Ft Meter Girder Bridge for
Big Boulder Creek Bridge Replacement Project
Contact Engineering
75,969.00
4/21/2020
RES #2020-087
Upper Kittitas CournMy Road Maintenance Facility
Blew's Construction, Inc.
5,277,078.00
5/7/2020
RES #2020-096
Tearaway Hydraulic Improvements Phase 2: Lick Creek
Culvert Replacement
1 & K Earthworks, Inc.
1,252,380.00
5/19/2020
RES #2020-106
Annual Paint Stripe Program
Stripe Rite, Inc.
253,496.70
5/19/2020
RES #2020-107
Coleman Creek Culvert Replacement at Me nage Highway
Belsaas&Smith
793,810.00
6/8/2020
RES #2020-115
Fairview Road Widening and Coleman Creek Structures
Replacement
Advantage Dirt Contractors
819,864.00
6/16/2020
RES #2020-120
Big Boulder Bridge Replacement
Morgan and Sons Earthmoving
360,430.00
6/16/2020
RES #2020-121
Task Order 2-2020 Bridge Inspection Spoon Services
KPFF
55,000.00
8/18/2020
RES #2020-146
Bullfrog Road Pavement Project
American Rock Products
367,763.00
8/18/2020
RES #2020-147
Snow & Ice Control Products for 2021 (Meltdown
inhibited)
Envirotech Services Inc.
$183.33/ton
11/3/2020
RES #2020-180
Snow & Ice Control Products for 2021 (Melt dawn Apex
C)
Envirotech Services inc.
$224.28/top
11/3/2020
RES #2020-180
Snow & Ice Control Products for 2021 (Solid Sodium
Chloride)
Pioneer Commodities
$107.00/ton
11/3/2020
RES #2020-180
Snow & Ice Control Products for 2021 (Non Corrosive
Solid Sodium Chloride)
Rankin Products, LLC
$99.00/ton
11/3/2020
RES #2020-180
Snow& Ice Control Products for 2021 (Road Saver)
Roadwise, Inc.
$151.95/ton
11/3/2020
RES #2020-180
Design and Environmental permitting for Pavement and
Guardrail replacement on Vantage Highway
KPG P.S.
348,995.00
11/3/2020
RES #2020-185
Task Order 5.2 additional funding for design services
supporting Upper County Road Maintenance Facility
KPG P.S.
35,000.00
11/17/2020
RES #2020-190
Petroleum and lubricant Products for 2021 Schedule A
and
A-1 Petroleum
Prof[Margin 2l°e
12/15/2020
RES #2020-220
Petroleum and Lubricant Products for 20215cheduleB
Amerifuel
Profit Margi n 301
12/15/2020
RES #2020-220