Agenda 01/13/2015 Item #16A14 1/13/2015 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution adopting the Growth Management Division Title VI
Program in accordance with the requirements set forth in Title 49 Code of _ederal Regulations
Part 21 for compliance with ongoing receipts of Federal Department of Transportation grant
funding.
OBJECTIVE: To assure Collier County Growth Management Division (GI 1D) has a Board of
County Commissioners (BCC) approved non-discrimination plan to provider equal participation
in federally funded programs to any person, without regard of race, color, national origin, sex,
age, disability,religion, income or family status and other types of status protected under the law
in accordance with Federal Department of Transportation funding awards as required by Title 49
Code of Federal Regulations(CFR)Part 21.
CONSIDERATIONS: The BCC receives financial assistance from the Federal Highway
Administration (FHWA) through the Florida Department of Transportation(FDOT), and as a
condition of receiving this assistance, compliance with Title 49 CFR Part 21 requires the Board
to have an approved Title VI Program ("Plan"). The FDOT has recently made this Plan a
requirement to be on file within their Local Agency Program Information Tool (LAPIT).
The Plan ensures any work performed on a project shall not discriminate on the basis of race,
color, national origin, sex, age, disability, religion or family status in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. The Plan will
provide procedures for investigating complaints and informing the public of their rights under
Title VI of the Civil Rights Act of 1964. The Growth Management Division will complete and
submit to Florida Department of Transportation (FDOT) the Sub-Recipient Compliance
Assessment Tool (SCAT) every three years commensurate with certification or sooner upon
request by FDOT or FHWA.
The draft Title VI Plan has gone through the Public Involvement Process, which included legal
notice and posting on the Collier County Growth Management Division website.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: That the BCC approves the attached Resolution adopting the attached
Title VI Policy and Plan, authorizes its Chairman to execute the Resolution and authorize the
Growth Management Division Administrator to sign any assurance, certifications or other
documents that may be required in connection with the Title VI Program and to make necessary
modifications to the Title VI Program to ensure continued compliance with Title 49 CFR Part 21
and any other applicable laws.
Prepared by: Tara Castillo,Budget Analyst, Growth Management Division
Attachments: 1) Title VI Resolution; 2) Title VI Nondiscrimination Policy Statement; and 3)
Title VI Nondiscrimination Policy and Plan.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve a Resolution adopting the Growth
Management Division Title VI Program in accordance with the requirements set forth in Title 49
Code of Federal Regulations Part 21 for compliance with ongoing receipts of Federal
Department of Transportation grant funding.
Meeting Date: 1/13/2015
Prepared By
Name: Tara Castillo
Title: Management/Budget Analyst,Road Maintenance
10/27/2014 4:54:00 PM
Submitted by
Title: Management/Budget Analyst,Road Maintenance
Name: Tara Castillo
10/27/2014 4:54:01 PM
Approved By
Name: KearnsAllison
Title: Manager Financial&Operational Support,Transportation Administration
Date: 12/10/2014 1:49:04 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 12/12/2014 4:44:05 PM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 12/12/2014 5:13:47 PM
Name: TeachScott
Title:Deputy County Attorney, County Attorney
Date: 12/17/2014 1:11:05 PM
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Name: OberrathKaren
Title: Accountant, Senior,Grants Management Office
Date: 12/19/2014 3:15:34 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/29/2014 8:47:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/29/2014 3:44:39 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 1/5/2015 1:42:45 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 1/6/2015 8:03:48 AM
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RESOLUTION No. 2014
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 day of , 2014 after motion, second and majority vote in
favor of passage.
ATTEST BOARD OF COUNTY COMMISIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA
By: By:
Deputy Clerk Commissioner Tom Henning,Chairman
Approved as to form and legality:
By:
Scott R.Teach
Deputy County Attorney
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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:
By: _
Name Growth Management
Administrator
Signature Growth Management --
Administrator
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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.
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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.
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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
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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)
II. Limited English Proficiency(LEP)Guidance --
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Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the
U.S. Department of Justice (USDO1) 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 Undo-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
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The results of the census data indicate that Spanish is the most prevalent language s spoken b
P 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.
Ill• 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:
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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.
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