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Resolution 2015-002 RESOLUTION No 2015 — 02 RESOLUTION ADOPTING THE GROWTH MANAGEMENT DIVISION TITLE VI POLICY AND PLAN TO COMPLY WITH THE REQUIREMENTS FOR FEDERALLY FUNDED PROJECTS. WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board"), as the sub-recipient of federal transportation funds from the Federal Highway Administration, and through its Growth Management Division, will ensure compliance with Title VI of the Civil Rights Act of 1964; 49 C.F.R., Part 21; and related statutes and regulations. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: 1. It is the policy of the Board to ensure that the Growth Management Division will assure that no person on the basis of race, color, national origin, sex, age, disability, family, income or religious status as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, and other applicable laws and regulations, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity. 2. That the policies and procedures set forth in the Growth Management Division's Title VI Plan presented on the below referenced date and attached hereto is approved. 3. That the Growth Management Division Administrator is authorized to sign any and all assurances, certifications and other documents that may be required in connection with the Title VI Plan or subsequent Plans and programs. 4. That the Growth Management Division Administrator is authorized to make necessary modification to the Title VI Plan to ensure compliance with 49 C.F.R. Part 21. This resolution adopted this 13th day of January 4.15 after motion, second and majority vote in favor of passage. ATTEST BOARD OF COUNTY COMMISIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: /, 10,( , By: Deputy Cleo-- - s Commissioner TIM NANCE, CHAIRMAN a . Chairman S 'signature only. Appr. ed :s to form d legality:gip; By: . it Scott R.Teach Deputy County Attorney �� Collier County Growth Management Division Title VI/Nondiscrimination Policy Statement The Collier County Growth Management Division (GMD) assures the Florida Department of Transportation (FDOT)and the U.S. Department of Transportation (USDOT) that no person shall be excluded from participation in, be denied the benefits of, or be otherwise be subjected to discrimination or retaliation on the basis of race,color,national origin,sex,age,disability,family or religious status as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992. Collier County Growth Management Division further agrees to the following responsibilities with respect to its programs and activities: 1. Designate a Title VI Coordinator that has a responsible position within the organization with direct access to the Division's Administrator. 2. Issue a policy statement,signed by the Growth Management Division Administrator,which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Division organization and to the general public. Such information shall be published where appropriate in languages other than English. 3. Develop a complaint process and attempt to resolve complaints of discrimination. Complaints against the Division shall be forwarded immediately to the FDOT District Title VI Coordinator. 4. Insert the clauses of Appendix A of this Policy Statement (see attached) in every contract subject to the applicable Acts and Regulations. 5. Participate in training offered on Title VI and other nondiscrimination requirements. 6. If reviewed by FDOT or USDOT, take affirmative action to correct any deficiencies found within a reasonable time period,not to exceed ninety(90)calendar days. 7. Have a process to collect racial and ethnic data on persons impacted by the Division's programs. • THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal funds, grants, loans, contracts, properties, discounts or other federal financial assistance under all FDOT and USDOT programs and activities and is binding. The person whose signature appears below is authorized to sign this Assurance on behalf of the Collier County Growth Management Division. Date: 1/13/15 By: Nick Casalanguida Nam= Growth Management Administrator Sig ature _ Growth Management Administrator 1 C APPENDIX A During the performance of this Contract,the contractor,for itself, its assignees, and successors in interest(hereinafter referred to as the"Contractor")agrees to the following: 1. Compliance with Regulations: The Contractor shall comply with the Regulations on nondiscrimination in Federally-assisted programs of the U.S.Department of Transportation ("USDOT") Title 49, Code of Federal Regulations, Part 21. The recommendations may be amended from time to time, (from here on referred to as the Regulations). They are incorporated here by reference and made a part of this contract. 2. Nondiscrimination: In work performed during the contract, the Contractor shall not discriminate on the grounds of race,color, or national origin in the selection and retention of subcontractors. This includes obtaining 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. This includes employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives. He/she shall also permit access to its books, records, accounts, other sources of information,and its facilities as may be determined by Collier County and the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration 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 the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event that the contractor does not comply with the nondiscrimination provisions of this contract,Collier County will impose contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate. Sanctions may include,but are not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies;and/or, b. Cancellation,termination or suspension of the contract in whole,or in part. 2 ED 6. Incorporation of Provisions: The contractor shall include the terms of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued modifying the Provisions. The contractor shall take action on any subcontract or procurement that Collier County or the Florida Department of Transportation, the County or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration directs in order to enforce provisions including sanctions for non-compliance. 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 the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 3 Sf� Collier County Growth Management Division Title VI / Nondiscrimination Policy and Plan 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, age, disability, religion, income or family status. Complaint Procedures: The Collier County Growth Management Division (GMD) 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, age, disability, religion, income or family status in any of GMD's programs, services or activities may file a complaint with the GMD Title VI/Nondiscrimination Coordinator. Complaints should be submitted to: Gloria Herrera Title VI/Nondiscrimination Coordinator Collier County Growth Management Division 2885 Horseshoe Drive South Naples, FL 34104 Email:gloriaherrera @colliergov.net 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, 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 of the Florida Department of Transportation (FDOT). The Collier County Title VI Coordinator has direct access to the GMD Administrator and is not required to obtain management or other approval to discuss discrimination issues with this 1 (7) official. When necessary, the GMD 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 at: Florida Department of Transportation 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 the disabled and ensure that their needs are equitably represented in transportation programs, services and activities. The GMD will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The GMD will make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by the disabled community and disability service groups. The GMD encourages the public to report any facility, program, service or activity that appears inaccessible to those that are disabled. Furthermore, it is committed to provide reasonable accommodations to disabled individuals 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 GMD 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 Division 2885 Horseshoe Drive South Naples, FL 34104 Email:gloriaherrera @colliergov.net Phone: 239-252-5856 Fax: 239-252-2726 Hearing Impaired: Florida Relay Service(FRS) by dialing 711 or 1-800-955-8771 (TTY) I1. Limited English Proficiency(LEP)Guidance 2 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 Transportation (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 determine 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 GMD programs,services or activities; • The frequency with which LEP individuals come in contact with these programs, services or activities; • The nature and importance of the program, service, or activity to people's lives; and • The resources available to GMD 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 2008 through 2012. Using census data, Collier County has determined that LEP individuals speaking English less than "very well" represent approximately 31.4% of the community. Further analysis shows that 23.0% of the same population speaks Spanish; 7.4% speaks an Indo-European language; 0.8% speaks an Asian or Pacific Islander language; and 0.2% 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 Indo-Euro Languages. Table 1:The Top Languages Spoken at Home in Collier County Population No. of LEP %of LEP %of LEP %of LEP %of LEP %of LEP 5 years and Persons Persons Persons Persons Persons Persons older who speak who speak who speak who speak Spanish Indo-Euro Asian or Other Languages Pacific Languages Islander Languages 306,389 96,205 31.4% 23.0% 7.4% 0.8% 0.2% Source: US Census Bureau's 2008-2012 American Community Survey Factor 2: Assessing Frequency of Contact with LEP Persons 3 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 county has not received any requests for translation or interpretation of its programs, services or activities into any other language. 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 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 a number of 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 Growth Management Division 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 interpretations 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. III. Public Involvement In order to plan for efficient, effective, safe, equitable and reliable transportation systems, GMD 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 GMD holds a number of transportation meetings, workshops and other events designed to gather public input on project planning and construction. Further, GMD officials participate in community events to promote services to the public. Persons are encouraged to contact the GMD to request: • Special presentations; • Volunteers for special activities; or, • Processes to offer suggestions for improved public involvement. Division contacts are: 4 1 Gloria Herrera Connie Deane Title VI/Nondiscrimination Coordinator Public Information Coordinator Collier County Growth Management Division Collier County Growth Management Division 2885 Horseshoe Drive South 2885 Horseshoe Drive South Naples, FL 34104 Naples, FL 34104 Email:gloriaherrera @colliergov.net Email: conniedeane@colliergov.net Phone: 239-252-5856 Phone: 239-252-8365 Fax: 239-252-2726 Fax: 239-252-2726 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 its public involvement events. This information assists the county with improving its targeted outreach and measures of effectiveness. 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. V. Assurances Every three (3) years, or commensurate with a change in GMD executive leadership, the GMD Administrator must certify to 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 GMD's commitment to nondiscrimination and equitable service to its community. Second, they serve as a legally enforceable agreement by which the GMD may be held in breach. 1--/( 5 GP