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Agenda 08/22/2023 Item #11D (Accept Grant for dune replanting efforts associated with Hurricane Ian and Nicole)08/22/2023 EXECUTIVE SUMMARY Recommendation to accept the award and authorize the Chairman to execute Grant Agreement No. 23CO2 between the Federal Department of Treasury under the American Rescue Act of 2021 passed through Florida Department of Environmental Protection and Collier County for dune replanting efforts associated with damages from Hurricanes Ian and Nicole in the amount of $5,000,000. ____________________________________________________________________________________ OBJECTIVE: To accept the award and execute the Grant Agreement with the Federal Department of Treasury under the American Rescue Act of 2021 passed through Florida Department of Environmental Protection for dune restoration efforts associated with damages from Hurricanes Ian and Nicole. CONSIDERATIONS: On September 28, 2022, Hurricane Ian passed just offshore from the Collier County coast, with waves and storm surge causing major damage to the County’s beaches and dunes. On November 10, 2022, Hurricane Nicole passed to the north of Collier County, but strong winds associated with the storm produced waves which caused additional damage to the already heavily impacted beaches. The Federal Department of Treasury under the American Rescue Act of 2021 has appropriated funds to the Florida Department of Environmental Protection (FDEP) for the 2022 Hurricane Ian and Nicole Emergency Recovery Project Plan which may be used to support local governments in restoring beaches damaged by these storms. FDEP’s allocation to Collier County is $5,000,000 with no local funding match requirement. Project costs associated with eligible beach and dune stabilization activities include work approved through construction bids and/or construction-phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, dune stabilization measures and native beach-dune vegetation. The project utilizing this $5,000,000 grant will be the construction of the 2024 Emergency Berm Replanting project. On May 23, 2023, the Board approved a Work Order (Item 16.B.6) with Taylor Engineering, Inc. to provide professional engineering services for the 2024 Dune Planting and Exotic Vegetation Removal Project at Barefoot, Vanderbilt, Park Shore, Naples, and South Marco beaches. The first stakeholder meeting took place on July 27, 2023, and a second meeting will follow further in the design process. The stakeholder group consists of members from Pelican Bay Services, City of Naples, City of Marco, Florida Gulf Coast University, and the Naples Botanical Gardens. FISCAL IMPACT: Execution of this grant will allow for the reimbursement of up to $5,000,000 for work performed in restoring beach and dune restoration damaged by Hurricanes Ian and Nicole. A budget amendment is required to appropriate the grant revenue from the Federal Dept of Treasury under the American Rescue Act of 2021 passed through FDEP's 2022 Hurricane Ian and Nicole Emergency Recovery Project to the Growth Management Grant Fund (1841), Project (33870). A local match is not required. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To accept the award and authorize the Chairman to execute Grant Agreement No. 23CO2 between the Federal Department of Treasury under the American Rescue Act of 2021 passed through Florida Department of Environmental Protection and Collier County for dune replanting efforts associated with damages from Hurricanes Ian and Nicole in the amount of $5,000,000. Prepared by: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees, and 11.D Packet Pg. 235 08/22/2023 Program Management Division ATTACHMENT(S) 1. 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (PDF) 2. FDEP Federal Funding Accountability and Transparency Act Form (PDF) 11.D Packet Pg. 236 08/22/2023 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doc ID: 26081 Item Summary: Recommendation to accept the award and authorize Chairman to execute Grant Agreement No. 23CO2 between the Florida Department of Environmental Protection and Collier County for dune replanting efforts associated with damages from Hurricanes Ian and Nicole in the amount of $5,000,000. (Beth Johnssen , Capital Project Planning, Impact Fees & Program Management Director) Meeting Date: 08/22/2023 Prepared by: Title: – Capital Project Planning, Impact Fees, and Program Management Name: Farron Bevard 07/12/2023 1:25 PM Submitted by: Title: Division Director - Capital Proj Plan, Impact Fees – Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 07/12/2023 1:25 PM Approved By: Review: Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 07/17/2023 11:17 AM Capital Project Planning, Impact Fees, and Program Management Raquel Ovares Additional Reviewer Completed 07/18/2023 8:24 AM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 07/18/2023 9:19 AM Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 07/19/2023 9:08 AM Transportation Management Operations Support Michelle DAndrea Additional Reviewer Completed 07/19/2023 9:09 AM Transportation Management Operations Support Brandy Otero Additional Reviewer Completed 07/28/2023 10:43 AM Transportation Management Services Department Trinity Scott Transportation Completed 07/31/2023 12:00 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/01/2023 11:52 AM Grants Maria Kantaras Level 2 Grants Review Completed 08/15/2023 8:41 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/15/2023 8:52 AM Grants Therese Stanley Additional Reviewer Completed 08/15/2023 9:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2023 9:37 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/15/2023 10:36 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/16/2023 2:32 PM 11.D Packet Pg. 237 08/22/2023 Board of County Commissioners Geoffrey Willig Meeting Pending 08/22/2023 9:00 AM 11.D Packet Pg. 238 11.D.aPacket Pg. 239Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 240Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 241Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 242Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 243Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 244Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 245Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 246Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 247Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 248Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 249Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 250Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 251Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 252Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 253Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 254Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 255Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 256Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 257Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 258Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 259Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 260Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 261Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 262Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 263Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 264Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 265Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 266Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 267Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 268Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 269Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 270Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 271Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 272Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 273Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 274Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 275Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 276Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 277Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award 11.D.aPacket Pg. 278Attachment: 23CO2 Collier County - 2022 Hurricane Ian and Nicole Emergency Recovery Project (26081 : Recommendation to accept the award Florlda Deparbnent of Environmental Protection Federal Funding Accountablllty and Transparency Act Fonn -Subaward to a Recipient Submit completed form to: Contracts Adm@FloridaDEP.gov Purpose: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://ww w.usaspending.gov/. The FFATA Subaward Reporting System {FSRS) is the reporting tool the Florida Department of Environmental Protection ("DEP") must use to capture and report subaward and executive compensation data regarding first-tier subawards that obligate $30,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). [Note: This reporting requirement is not applicable for the procurement of property and services obtained by the DEP through a Vendor relationship. Refer to 2 CFR Ch. 1 Part 170 Appendix A, Section l.c.3 for the definition of "subaward" .] Organization and Project Information: As of October 1, 2015, the following information must be provided to the DEP prior to the DEP's issuance of a subaward (Agreement) that obligates $30,000 or more in federal funds as described above. Please provide the following information and return the signed form to DEP as requested. If you have any questions, please contact the DEP's Bureau of General Services, Contracts Team at Contracts Adm@FloridaDEP.gov or at telephone number 850/245-2361 for assistance. UEI: JWKJKYRPLLU6 (UEI must be twelve (12) characters not including dashes]* Federal Award ID Number (FAIN#): SLFRP0125 ------------ Cat a Io g of Federal Domestic Assistance (CFDA)#: 21.027 --===---------- DE P Assigned Grant Agreement#: 23CO2 ---------------- Do II a r Amount of Grant Disbursement: $ 5,000,000.00 -=--=------'------------ *If your company or organization does not have a VE/ number, you will need to refer to the Sam.gov website at https://sam.gov/content/ home to register your entity to request a Unique Entity JD. Business Name: Collier County DBA Name {If app-�lic-a�b�le �)-:---'------------------- Principal Place of Business Address: Address Line 1: 3299 Tamiami Trail E Address Line 2: Ste 700 -------------------------------------- Address Line 3: -------------------------------------- City: Naples State: FL Zip+4: 34112-5749 --- DEP 55-230 Rev. 03-14-2022 r:::>i Page1of4 'J 11.D.c Packet Pg. 279 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize Flortda Department of Envlronmental Protection Federal FundlngAccountablllty and Transparency Act Form -Subaward to a Recipient Description of Project (up to 4000 characters): Re-planting of approximately 14 miles of recently constructed emergency berm along Collier County beaches with plant species native to southwest Florida dune systems. The intent of the project is to stabilize the newly constructed berm which was built to replace the dunes destroyed by Hurricane Ian in September of 2022. DEP SS-230 Rev. 03-14-2022 Page 2 of 4 11.D.c Packet Pg. 280 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize Rortda Deparbnent of Environmental Protection Federal FundlngAccountablllty and Transparency Act Fonn -Subaward to a Recipient Principal Place of Project Performance (If different than principal place of business) Address Line 1: Barefoot Beach from FDEP monument R-1 to R-9 Address Line 2: Vanderbilt and Pelican Bay beaches from R-17 to R-36 Address Line 3: Park Shore and Naples beaches from R44 to R-89, and Marco Island beach from R-143 to R-148 City: Naples State: FL Zip+4: _3_4 _10_4 ___ _ Congressional District for Principal Place of Project Performance: 19 -=='-----------(Providing the Zip+4 ensures that the correct Congressional District is reported.) Executive Compensation Information: 1.In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your YES NO annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial0 ® assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; and, (b) $30,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. 2.Does the public have access to information about the compensation of the executives in your business YES NO or organization (including parent organization, all branches, and all affiliates worldwide) through periodic0 ® reports filed under section 13{a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78 m (a), 78 o(d)), or Section 6104 of the Internal Revenue Code of 1986? If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http://www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "NO" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: •Salary and bonus. •Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. •Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees. DEP 55-230 Rev. 04-01-2022 � Page 3 of 4\ 1.,;.,qr 11.D.c Packet Pg. 281 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize Flortda Department of Environmental ProtecUon Federal Funding Accountablllty and Transparency Act Fonn -Subaward to a Recipient •Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. •Above-market earnings on deferred compensation which is not tax-qualified. •Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. Total Compensation Chart for Most Recently Completed Fiscal Year Date of Fiscal Year Completion (mm/dd/yyyy) The undersigned as (enter position title) ---------------------------- of (enter Business Name) -=C-=-o.:..:.lli-=e.:....r -=-Co.::...u:.:..:n.:...:t..f....y __________________________ _ Certifies that on the date written below, the information provided herein is accurate. Type or Print Name: _____________ Title: ___________________ _ Signature: Date: ----------------------------- Total Rank Compensation for (Highest Most Recently to Completed Fiscal Lowest) Last Name First Name Ml Title Year The undersigned as (enter position title) Chairman ---------------------------- 0 f (enter Business Name) Collier County ----'----------------------------- Certifies that on the date written below, the information provided herein is accurate. Rick Locastro Print Name Signature DEP 55-230 Rev. 03-14-2022 ATTEST CRYSTAL K. KINZEL, CLERK BY: --------- Chairman Title ((j/;/ Approved as to fonn and legalil!I' Assistant County Attorney Page® 11.D.c Packet Pg. 282 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize SLFRF Reporting Requirements 1.Provide a brief narrative as to how the Grantee will co mply with Title VI of the Civil Rights Act of 1964. The Transportation Management Services Department (TMSD) operates in compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) of 1990, and other federal and state authorities and ensures that services are made available and equitably distributed,and provides equal access to any person without regard to race, color, national origin, disability, gender age, religion, or family status. TMSD is committed to ensuring that no person is excluded from participation in, or denied the benefits of its services. See attached policy. 2.What is the Median Household Income of service area? $100,700.00 3.What is the Lowest Quintile Income of the service area? $21,000.00 4.No additional reporting requirements. Printed Name of Authorized Representative Grantee Name Signature of Authorized Representative Title Project Name Approved as to form and legality ATTEST CRYSTAL K. KINZEL, CLERK (t;L_._A_s_s-is-ta_n_t _C_o_un_t _y_A_t _to_m_e_y __ _ RY: 8 Rick LoCastro Collier County Chairman Collier County Dune Restoration Planting 11.D.c Packet Pg. 283 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize Collier County Transportation Management Services Department Title VI/ Nondiscrimination Policy and Plan I.Title VI Protection Policy Statement: Collier County values diversity and welcomes input from all interested parties, regardless of cultural identity, background, or income level. Moreover, Collier County believes that the best programs and services result from careful consideration of the needs of all of its communities and when those communities are involved in the transportation decision making process. Thus, Collier County does not tolerate discrimination in any of its programs, service, or activities. Pursuant to Title VI of the Civil Rights Act of 1964 and other federal and state authorities, Collier County will not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, pregnancy, age, disability, religion, income, or family status. Complaint Procedures: The Collier County Transportation Management Services Department (TMSD) has established a discrimination complaint procedure and will take prompt and reasonable action to investigate and eliminate discrimination when found. Any person who believes that he or she has been subjected to discrimination based upon race, color, national origin, sex, pregnancy, age, disability, religion, income, or family status in any of TMSD's programs, services or activities may file a complaint with the TMSD Title VI/Nondiscrimination Coordinator. Complaints should be submitted to: Gloria Herrera Title VI/ Nondiscrimination Coordinator Collier County Growth Management Department 2885 Horseshoe Drive South Naples, FL 34104 Email: Glorla.Herrera@colliercountyfl.gov Phone: 239-252-5856 If possible, the complaint should be submitted in writing and contain the identity of the complainant, the basis for the allegations (i.e., race, color, national origin, sex, pregnancy, religion, age, disability, family, or income status); and a description of the alleged discrimination with the date of occurrence. If the complaint cannot be submitted in writing, the complainant should contact the Title VI/ Nondiscrimination Coordinator for assistance. The Title VI/Nondiscrimination Coordinator will respond to the complaint within thirty (30) calendar days and will take reasonable steps to resolve the matter. Should Collier County be unable to satisfactorily resolve a complaint, Collier County will forward the complaint, along with a record of its disposition to the appropriate District Office of the Florida Department of Transportation (FOOT). The Collier County Title VI Coordinator has direct access to the TMSD Administrator and is not required to obtain management or other approval to discuss discrimination issues with this 1 11.D.c Packet Pg. 284 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize official. When necessary, the TMSD Administrator will use the services of the County Manager and County Attorney. If the complainant is unable or unwilling to file the complaint with Collier County, a written complaint may be submitted directly to the Florida Department of Transportation (FOOT). FOOT serves as a statewide clearinghouse for Title VI purposes and will either assume Jurisdiction over the complaint or forward it to the appropriate federal or state authority for continued processing: Florida Department ofTransportation Equal Opportunity Office ATTN: Title VI Complaint Processing 605 Suwannee Street MS 65 Tallahassee, FL 32399 ADA/ 504 Statements: Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against those who have disabilities. Furthermore, these laws require federal aid recipients and other government entities to take affirmative steps to reasonably accommodate those with disabilities and ensure that their needs are equitably represented in transportation programs, services, and activities. The Collier County Transportation Management Services Department (TMSD) will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The TMSD will make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by communities with disabilities and disability service groups. The TMSD encourages the public to report any facility, program, service, or activity that appears inaccessible to those that are disabled. Furthermore, TMSD is committed to provide reasonable accommodations to individuals with disabilities who wish to participate in public involvement events or who require special assistance to access facilities, programs, services, or activities. Because providing reasonable accommodation may require outside assistance and/ or organizational resources, the TMSD asks that requests be made at least seven (7) calendar days prior to the need for the accommodation. Questions, concerns, comments, or requests for accommodation should be made to the Collier County Growth Management Division ADA Coordinator: Gloria Herrera Title VI/ Nondiscrimination Coordinator Collier County Growth Management Department 2885 Horseshoe Drive South Naples, FL 34104 Email: Gloria.Herrera@colliercountyfl.gov Phone: 239-252-5856 Fax: 239-252-6617 Hearing Impaired: Florida Relay Service (FRS) by dialing 711 or 1-800-955-8771 (TTY) 2 11.D.c Packet Pg. 285 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize II.Limited English Proficiency (LEPl Guidance Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the U.S. Department of Justice (USDOJ) and US Department of Tra nsportation (USDOT) require federal aid recipients to take reasonable steps to ensure meaningful access to programs, services, and activities by those that do not speak proficient English. To determ ine the extent to which Limited English Proficiency (LEP) services are required and in what languages, the law requires the analysis of four factors: •The number or proportion of LEP persons eligible to be served or likely to be encountered by TMSD programs, services or activities; •The frequency with which LEP Individuals encounter these programs, services or activities; •The nature and importance of the program, service, or activity to people's lives; and •The resources available to TMSD and the likely costs of the LEP services. Factor 1: Review of LEP Populations Understanding the needs of the community begins with identifying the number of Limited English Proficiency (LEP) persons eligible to be served, likely to be served or likely to be encountered by the County through its programs, services, or activities. In an effort to determine potential LEP needs for Collier County, staff reviewed data available through the U.S. Census Bureau American Community Survey for the period of 2017 through 2021. Using census data, Collier County has determined that LEP individuals speaking English less than "very well" represent approximately 13.3% of the community. Further analysis shows that 77.4% of the same population speaks Spanish; 18.5% speaks an Inda-European language; 3.7% speaks an Asian or Pacific Islander language; and 0.3% speaks another language (see Table 1). Given the information shown on the below table, Collier County has a relatively small service population of LEP speakers in the Inda-Euro, Asian and Pacific Islander Languages. Table 1· The Top Languages Spoken at Home in Collier County Population No. ofLEP % Of LEP % Of LEP % Of LEP % Of LEP % Of LEP 5 years and Persons Persons Persons Persons Persons Persons older {speak English who speak who speak who speak who speak less than "very Spanish lndo-Euro Asian or Other well") Languages Pacific Languages Islander Languages 356,784 47,282 13.3% 77.4% 18.5% 3.7% 0.3% Source: US Census Bureau's 2017-2021 American Community Survey The TMSD realizes that such statistical data can become outdated or inaccurate. Therefore, the TMSD contacted the local School Board, Collier Area Transit and MPO to validate the proportion of LEP served by those entitles. Spanish was reported to be the prevalent LEP language. 3 11.D.c Packet Pg. 286 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize Factor 2: Assessing Frequency of Contact with LEP Persons The results of the census data indicate that Spanish is the most prevalent language spoken by the LEP population in Collier County. To date, the TMSD has not received any requests for translation or interpretation of its programs, services, or activities into any other language. In addition, TMSD has a Spanish translator available at most Public Information Meetings, although translation services have been utilized less than 10% of the time. Factor 3: Assessing the Importance of County Programs All of Collier County programs are important; however, those related to safety, public transit, right-of-way, the environment, nondiscrimination, and public involvement are among the most important. The County must ensure that all segments of the population, including LEP persons, have been involved or have had the opportunity to be involved in the planning processes to be consistent with its nondiscrimination goals. Factor 4: Determining Available Resources Collier County is fortunate to employ bi-lingual individuals that can interpret and/or provide translation services; and to house within its jurisdiction a number of institutions of higher education that have extensive language services. Further, Collier County maintains cordial relationships with faith-based and community organizations that offer competent language services at no cost to the county. The county will continually evaluate its programs, services, and activities to ensure that persons who may be LEP are always provided with meaningful access. The analyses of these factors suggest that LEP services are not required at this time. Therefore, Collier County Transportation Management Services Department has committed to the following. It will: •Maintain a list of employees who competently speak Spanish and other languages and who are willing to provide translation and/or interpretation services. •Distribute this list to staff that regularly have contact with the public. •Provide notification in Spanish of the availability of LEP assistance in public meeting notices and on public involvement event signage. The TMSD understands that its community characteristics change and that the four factor analysis may reveal the need for more or varied LEP services in the future. As such, it will at least triennially examine its LEP plan to ensure that it remains reflective of the community's needs. Public Notices: ENGLISH-Persons requiring special language services should contact the Agency's Title VI/Nondiscrimination Coordinator. SPANISH-Las personas que requieran servicios de traducci6n, deben comunicarse con el Coordinador de No Discriminaci6n de la Agenda. CREOLE-Moun ki bezwen sevis langaj espesyal ta dwe kontakte Koodonate Kont La Diskriminasyon. 4 11.D.c Packet Pg. 287 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize Ill. Public Involvement In order to plan for efficient, effective, safe, equitable and reliable transportation systems, TMSD must have the input of its public. The County utilizes extensive staff and financial resources in furtherance of this goal and strongly encourages the participation of the entire community. The TMSD hosts an informative website that advises the public how it can access information and provide input. The TMSD also holds a number of transportation meetings, workshops and other events designed to gather public input on project planning and construction. Further, TMSD staff attend and participate in other community events to promote its services to the public. Finally, the TMSD is constantly seeking ways of measuring the effectiveness of its public involvement. Persons wishing to request special presentations by the Agency; volunteer in any of its activit ies; offer suggestions for improvement; or to simply learn more about Agency programs and services should visit: https://www.colliercountyfl.gov/government/growth-management Or contact: Gloria Herrera Title VI/ Nondiscrimination Coordinator Collier County Growth Management Dept. 2885 Horseshoe Drive South Naples, FL 34104 Email: Gloria.Herrera@colliercountyfl.gov Phone: 239-252-5856 Fax: 239-252-6617 (English/ Espanol) Connie Deane Public Information Coordinator Collier County Growth Management Dept. 2885 Horseshoe Drive South Naples, FL 34104 Email: connie.deane@colllercountyfl.gov Phone: 239-252-8365 Fax: 239-252-2726 (English) Hearing Impaired: Florida Relay Service (FRS) by dialing 711 or 1-800-955-8771 (TTY) IV.Data Collection Federal Highway Administration regulations require federal-aid recipients to collect racial, ethnic, and other similar demographic data on beneficiaries of or those affected by transportation programs, services, and activities. Collier County accomplishes this through the use of census data, American Community Survey reports, Environmental Screening Tools (EST), driver and ridership surveys, its community development department, and other methods. From time to time the county may find it necessary to request voluntary identification of certain racial, ethnic, or other data from those who participate in Agency programs, services, or activities. This information assists the county with improving service equity and ensuring effective outreach. Self identification of personal data to the county will always be voluntary and anonymous. Moreover, the county will not release or otherwise use this data in any manner inconsistent with the federal guidelines. 5 11.D.c Packet Pg. 288 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize V.Nondiscrimination Assurances Every three (3) years, or com mensurate with a change in TMSD executive leadership, the TMSD Administrator must certify to Federal Highway Administration (FHWA) and Florida Department of Transportation (FDOT) that its programs, services, and activities are being conducted in a nondiscriminatory manner. These certifications are termed "assurances," which serve two important purposes. First, they document TMSD's commitment to nondiscrimination and equitable service to its community. Second, they serve as a legally enforceable agreement by which the TMSD may be held liable for breach. Those wishing to view the Agency's Nondiscrimination Assurance may do so by visiting the Collier County Transportation Management Services Department website or administrative offices. 6 11.D.c Packet Pg. 289 Attachment: FDEP Federal Funding Accountability and Transparency Act Form (26081 : Recommendation to accept the award and authorize