HomeMy WebLinkAbout*Other - Public WorksTitle VI Plan for LPAs with Populations over 75,001,
Grant County Public Works
05/01/2021
Sam Castro, CRO, Director of Public Works
Prepared by: Keith M. Elefson, PE, County Endneer
Email: km e lefso n @g ra ntco u nbMa. gov
Phone#:(509) 754-6082
I. Title VI Policy Statement
It is the policy of Grant County Public Works, hereinafter called "Agency", assures that no
person shall on the grounds of race, color, and 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 subjected to discrimination in any
Agency sponsored operations, programs or activities. The Agency further assures every effort
will be made to ensure nondiscrimination in all its programs, operations and activities, whether
those operations, programs and activities are federally funded or not.
This policy applies to all operations, programs and activities of the Agency including its
contractors and anyone who acts on behalf of the Agency. This policy also applies to the
operations of any department or agency to which Grant County extends federal financial
assistance. Federal financial assistance includes grants, training, equipment usage, donations
of surplus property, and other assistance.
Prohibited discrimination may be intentional or unintentional. Seemingly, neutral acts that have
disparate impacts on individuals of a protected group and lack a substantial legitimate
justification are a form of prohibited discrimination. Harassment and retaliation are also
prohibited forms of discrimination.
Examples of prohibited types of discrimination based on race, color, or national origin include:
Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality,
quantity, or manner in which a benefit is provided; Segregation or separate treatment;
Restriction in the enjoyment of any advantages, privileges, or other benefits provided;
Discrimination in any activities related to highway and infrastructure or facility built or repaired;
and Discrimination in employment.
Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is
authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 USC
§ 2000d and related statutes, 42 USC 4601 to 4655; 23 USC 109(h); 23 USC 324; DOT Order
1050.2; EO 12250; EO 12898; 28 CFR 50.3 and 49 CFR part 21.
Grant County Public Works Title VI Coordinator may be Contacted as follows:
Keith M. Elefson, PE
Title VI Coordinator
124 Enterprise St. SE
Ephrata, WA 98823
(509) 754-6082
Signed:
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Sam Castro,tIV.0
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Director, Grant County Public Works
11�
e Administrator
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Cindy Ca4r
Chair, Grant County Board of County Commissioners
Date
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Organization, Staffing, and Structure
A. Organizational Chart — Reporting Relationship
Refer to organizational chart.
B. Stagging and Structure
The Agency Administrator is ultimately responsible for assuring full compliance with the
provisions of Title VI of the Civil Rights Act of 1964 and related statutes and has directed that
non-discrimination is required of all the Agency employees, contractors, and agents pursuant to
49 CFR Part 21.
The Agency has created the position of Title VI Coordinator to perform the duties of the Title V1
Coordinator and ensure implementation of their Title V1 program. The position of Title VI
Coordinator is located within the Agency.
The Title VI Coordinator is responsible for:
Submitting a Title V1 plan and annual reports on the agency's behalf;
Developing procedures for the prompt processing and disposition of complaints;
Investigating complaints, compiling a complaint log, and reporting to WSDOT;
• Developing procedures for the collection and analysis of statistical data;
Developing a program to conduct Title VI reviews of program areas;
Conducting annual Title VI assessments of pertinent program areas;
• Developing Title VI information for dissemination; and
Establishing procedures for resolving deficiency status and reducing to writing the
remedial action agreed to be necessary.
111111. Primary Program Area Descriptions is Review Procedurel
Title V1 Coordinator's Responsibilities and Program Administration — As authorized by the
Agency Administrator, the Title V1 Coordinator is responsible for initiating, monitoring, and
ensuring the Agency compliance with Title VI requirements as follows:
A. Program Administration
Administer the Title V1 program and coordinate implementation of the plan. Ensure
compliance with the assurances, policy, and program objectives. Perform Title VI
program reviews to assess administrative procedures, staffing, and resources; provide
recommendations as required to the Agency Administrator.
B. Right of Way Activities
1. Real Property Services. The Right of Way Section manages and coordinates the
appraisal and acquisition of real property a - nd relocation assistance services for public
works projects. The right of way acquisition process entails appraisal of property,
negotiation of terms and conditions for acquisition, and assistance in the relocation of
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displaced individuals, businesses, farm operations, nonprofit organizations, and property
management.
2. Authorities. Right of Way Manual; 23 CFR 130; 49 CFR 24; RCW Chapter 47; WAC
468.100.
3. Right of Way Activities and Title VI
a) Ensure equal opportunity in all aspects of procuring real estate service
contracting and appraisal agreements. Follow adopted Agency vendor
procurement policies in the acquisition of contracted services.
b) Utilize current OMWBE directories identifying fee appraiser organizations and
the Washington State Department of Transportation's list of certified fee
appraisers when seeking services. Maintain data on awards to minority and
female appraisers, and provide data to the Title VI Coordinator on a quarterly
basis.
c) Follow the guidelines in the Right of Way Manual for property acquisition as
well as applicable laws and regulations, including Title V1 and Section 504.
d) Adhere to departmental policy of informing affected property owners, tenants,
and others involved in right-of-way acquisition of their rights and options
regarding negotiation, relocation, condemnation and other aspects of the
acquisition process. Provide copies of relocation assistance literature produced
by WSDOT and a copy of the Grant County Public Works Title VI Compliance
brochure to all affected parties.
e) Incorporate Title V1 language and assurance statements in all surveys of
property owners and tenants after the conclusion of all business. Coordinate the
preparation of deeds, permits and leases to ensure the inclusion of the
appropriate clauses, including Title VI Assurances.
f) Ensure that appraised values and communications associated with the
appraisal and negotiation operations result in equitable treatment.
g) Ensure comparable replacement dwellings are available and assistance is
given to all displaced persons and entities by the property acquisition process.
h) Maintain statistical data including race, color, national origin, and sex on all
relocatees affected by Federally funded projects, and provide detailed
demographic data quarterly to the Title VI Coordinator.
C. Planning & Location Activities
1. Planning Process. Long-range planning, program development, and capital
programming necessary to provide efficient transportation services to Grant County
citizens are the responsibility of Grant Regional Planning,
The planning process includes input from Grant County Public Works, cities, local
jurisdictions and organizations, citizen groups, and private individuals. All six-year plans
must be consistent with the adopted Comprehensive Plan
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approved under the State's Growth Management Act. Planning -related Title VI
requirements will be implemented by Grant County Regional Planning's Title VI plan.
2. Public Involvement in Planning Activities & Title VI
a) Invite participation of a cross section of the populace from social, economic, and
ethnic groups in the planning process by disseminating written program information to
minority media and ethnic organizations, and providing public service announcements
for all local media, when forming citizen advisory committees or planning board, and
requesting involvement.
b) Grant County Public Works' staff will obtain demographic -statistics at applicable
community meetings and public hearings involving transportation planning sessions.
Data will be gathered through use of a voluntary self -reporting form which includes race,
gender, and national origin. Copies of the completed forms will be provided to Title VI
Coordinator after each meeting.
c) To ensure access to public meetings, evening meetings will be conducted in a variety
of community buildings throughout the County, including those along transit routes,
ensure translation services are available if anticipated, and
ensure public meetings are held in predominantly minority communities when
transportation projects will specifically impact those communities.
D. Design/Environmental Review Process and Title VI
a) Depending on the scope, complexity, and impacts of a project, a National
Environmental Policy Act (NEPA), NEPA Categorical Exclusion, NEPA Environmental
Assessment, State Environmental Policy Act (SEPA) checklist,
SEPA Determination of Non Significance, or NEPA and/or SEPA Environmental Impact
Statement will be completed.
b) Monitor compliance with Title VI requirements in all aspects of conducting
Environmental Impact Statements or Assessments. Provide a comprehensive summary
of the demographic and environmental data elements to be considered by the EIS/EIA
process to the Coordinator; including updated summary lists as applicable. Incorporate
into the review process, adequate time for the Coordinator to review and comment, as
applicable, on the draft EIS/EIA to ensure there are no violations of the Federal Civil
Rights Act, as amended, as a result of the Agency's Federal -aid
highway activities.
e) Design Section staff shall provide a copy of the Annual Construction Report to the
Title VI Coordinator in or around April of each year. The Coordinator shall work with the
Agency GIS Department to generate a map of the Federally funded transportation
projects to include demographic data of the neighborhoods effected by the projects.
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E. Training Programs
Conduct or facilitate training programs on Title VI issues and regulations for Agency
employees; and facilitate Title VI training for appropriate staff, contractors and sub -
recipients. A summary of training conducted will be reported in the annual update.
F Construction and Maintenance Activities
1. Construction and Engineering Support Section. This section is responsible for
administration of all new construction contracts and inspecting bridges. The Engineering
Division is responsible for oversight and the administration of transportation construction
projects, as set forth by policy decisions and supervision of the County Engineer.
2. Authorities. Construction Manual M41-01; Maintenance Manual M51-01; Local
Agency Guidelines; Standard Specifications for Road, Bridge, and Municipal
Construction.
3. Maintenance. The Road Operations Division is responsible for the efficient program
for maintaining County roads and bridges by economically utilizing the resources of
employees, contractors, equipment, and materials.
4. Authorities. Maintenance Manual M 51-01; Construction Manual M 41-01; Standard
Specifications for Road, Bridge and Municipal Construction Section (M 41 -10); Grant
County Road Standards.
Grant County will include all Title VI requirements in all Contracts and Intergovernmental
Agreements (IGA) for any sub -recipient. A sampling of sub -recipients agreements will be
reviewed for conformance on an annual basis. Department procedures will be reviewed and
updated when changes occur or when deficiencies are found.
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Each year the Grant County program will be reviewed for compliance. A program's
documentation
and, data collection will be reviewed for conformance to the requirements. Discussions will be
held with program staff to review procedures and determine any areas of improvement needed
for a particular program. Any non-conformance identified will be documented and reported to
the Department Management. A correction plan will be included in the report. Corrective
actions may include, but are not limited to, revised procedures, additional training, etc.
Grant County will provide an annual report by August 1 St of each year which will highlight its
Public Outreach and Involvement activities and efforts for the previous year, as well as report on
the population it serves by making available figures on the diversity of those who have actively
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taken part in Grant County programs, services, and processes. The latter statistical reporting
will be compiled by gathering the demographic data of those who take part in such activities and
wish to voluntarily disclose such information when appropriate and possible. In addition, Grant
County will provide information on complaints made during the year, as well as any legal action
pertaining to alleged discrimination.
Should any discriminatory trends or patterns be observed in a program area that program will be
designated a special emphasis program. The Department will conduct a comprehensive review
of the program area. The Department Director and program area manager will be notified of the
observations and review process. This review will be conducted by the Title VI coordinator and
others, as designated by the Director. All internal policies and procedures will be reviewed.
Personnel interviews may be used as required. All documents developed pertaining to the
special emphasis program will be reviewed.
A report will be developed which includes the findings and recommendations. This report will be
coordinated between the Title VI Coordinator and the program area under review to include an
action plan for remediation of the findings. The special emphasis program will be monitored in
accordance with the action plan.
If a program area is found to be in noncompliance with the requirements of the Title VI program
it will also be considered a special emphasis program. Additional training will be provided for
staff in the program. The program will be monitored over the following year with regular reviews
to verify correction of any areas of noncompliance.
It is Grant County's policy, as a federally -assisted corporate body of the State of Washington, to
encourage small and minority businesses and women's business enterprises to submit
proposals for contracted work, including projects overseen or administered by Grant County. In
accordance with Grant County policy, DBE language will be included in Grant County
solicitations for work regarding WSDOT and federally -funded projects.
Grant County will work closely with contracted agencies to ensure DBE compliance. WSDOT
establishes a DBE goal for each competitive federal aid contract whenever applicable, and that
goal will then be incorporated into the contract between Grant County and its consultant. Both
Grant County and its contractors are then required to track invoices and payments in WSDOT' s
online Local Public Agency DBE Data Collection and Reporting System.
V1. Title V1 Training
Grant County Title VI Coordinator will attend Title VI training periodically or as available by
WSDOT or FHWA. Grant County staff will receive training annually on the Grant County Title VI
Program and responsibilities during the second quarter of each fiscal year. At a minimum the
training will include Department Management, Analysis and Programming, Project Delivery,
Community Relations, Operations managers and any other Department personnel who interact
with the public. Sub -recipients will receive training at the beginning of each project. The training
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will be incorporated in the kickoff meeting or pre -construction meeting where applicable.
WSDOT's Office of Equal Opportunity may be asked to provide applicable training.
V11. Title V11 Complaint Procedures
Discrimination Complaint Procedure for Grant County
Federal law prohibits discrimination on the basis of race, color, or national origin in any Grant
County program, service, or activity. This prohibition applies to all branches of Grant County, its
contractors, consultants, and anyone else who acts on behalf of Grant County.
Complaints related to the Federal -aid programs may be filed with Grant County and will be
forwarded to Washington State Department of Transportation — Office of Equal Opportunity. If
you need assistance to file your complaint or need interpretation services, please contact Keith
Elefson.
Who is eligible to file a complaint?
Anyone who believes they have been excluded from participation in, denied the benefits of, or
otherwise subjected to discrimination under any Grant County program, service, or activity
because of their race, color, or national origin may file a complaint.
Discrimination includes lack of access, harassment, retaliation and disparate impacts from a
program or activity. Harassment includes a wide range of abusive and humiliating verbal or
physical behaviors. Retaliation includes intimidating, threatening, coercing, or engaging in other
discriminatory conduct against anyone because they filed a complaint or otherwise participated
a discrimination investigation.
How do you file a complaint?
Complaints must be filed no later than 1$0 days from the last date of the alleged discrimination.
Contact Keith Elefson if you believe your complaint may fall outside this deadline.
Reasonable efforts will be made to assist persons with disabilities, non-English speakers, and
others unable to file a written complaint. For assistance in filing a complaint, please contact
Keith Elefson.
Complaints should be in writing, signed, and may be filed by mail, fax, in person, or e-mail. If a
complainant phones Grant County with allegations, the allegations of the complaint will be
transcribed as provided by phone and then the written complaint will be sent to the complainant
for correction and signature.
A complaint should contain the following information:
• The complainant's contact information, including, if available: full name, mailing address,
phone number (and best time to call), and email address (if available);
• The basis of the complaint (e.g., race, color, national origin);
• The names of specific person(s) and/or agencies/organizations alleged to have
discriminated;
• A description of the alleged discriminatory actions, meaning sufficient information to
understand the facts that led the complainant to believe that discrimination occurred in a
program or activity that receives Federal financial assistance; and
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• The date(s) of the alleged discriminatory act(s) and whether the alleged discrimination is
ongoing.
All Title VI complaints are logged. The Complaint log must contain the following information for
each complaint filed:
0 The name and address of the person filing the complaint.
® The date of the complaint.
e The basis of the complaint.
• The disposition of the complaint.
• The status of the complaint.
The Complaint Log and documentation are destroyed four years after the end of the fiscal year
in which the case is closed.
Grant County then forwards complaints to WSDOT-Office of Equal Opportunity for processing
by FHWA. [WSDOT investigates complaints only if delegated by FHWA after acceptance of a
complaint.] FHWA is responsible for all determinations regarding whether to accept, dismiss, or
transfer the complaint and finding no violation or failure to comply.
Complainants have the right to file a complaint directly with the federal funding agency. The
following address is where Title VI complaints may be filed directly with FHWA:
Federal Highway Administration
U.S. Department of Transportation Office of Civil Rights
8th Floor E81-105
1200 New Jersey Avenue, SE
Washington, DC 20590
CivilRights. FHWA@dot.gov
What harmens after a comr)laint is filed?
If your complaint is forwarded to another agency, you will be provided the name and contact
information of the employee handling your complaint.
Federal law prohibits retaliation against individuals because they have filed a discrimination
complaint or otherwise participated in a discrimination investigation. Any alleged retaliation
should be reported in writing to the investigator.
FHWA will render final decisions in all cases including those investigated by WSDOT. There are
no administrative appeal forums in Title VI complaints. Once FHWA issues its final agency
decision, a complaint is closed.
There is no prohibition against a complainant filing a Title VI complaint simultaneously with an
LPA, WSDOT, and FHWA.
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V111. Title V11 Complaint Form
Please complete this form to the best of your ability. If you need translation or other assistance,
contact Grant County Public Works.
Name Keith M. Elefson, PE, County Enqineer
Address: 124 Enterprise St. SE, City: Ephrata, Zip: 98823
Phone: Work: (509) 754-6082, Mobile: (509) 670-5840
Best time of day to contact you about this complaint: M -F, 8:00 AM TO 4:00 PIVI
Email: kmelefson@grantcount)Ma.gov
Basis of Complaint (circle all that apply):
I Race I Color I National Origin (includes language access) I
Date of alleged incident:
Who discriminated against you?
Name
Name of Organization
Address
Telephone
City.
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Explain what happened, why you believe it happened, and how you were discriminated against.
Indicate who was involved. Be sure to include how other persons were treated differently than
you. If you have any other information about what happened, please attach supporting
documentation to the form. (Attach additional pages if more space is needed.)
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What remedy are you seeking for the alleged discrimination? Please note that this process will
not result in the payment of punitive damages or financial compensation.
List any other persons that we should contact for additional information in support of your
complaint. Please list their names, phone numbers., address,, email address below.
Have you filed your complaint, grievance, or lawsuit with any other agency or court?
Who When
Status (pending, resolved, etc.) Result, if known
Complaint number, if known
Do you have an attorney in this matter?
Name (print)
Phone
City
W16',
Address
Sig*nd
Date
® Grant County public meeting agendas will contain a footnote in English and Spanish
which will state that translations are available upon request.
0 The Grant County public website will provide a link to program summary materials
translated into Spanish.
• Public notices and advertisements to public meetings will include a footnote, in Spanish,
that translation will be made available upon request.
• The Grant County public service area is adjacent to the Colville Confederated Tribes and
the Yakima Nation Tribe Nation. Some members of the Tribe and the Nation have
greater proficiency with their own tribal languages than with English. If and when Grant
County events take place on Tribal or Nation Lands, every effort will be made to work
with the respective jurisdictional staff to make accommodations for cultural and language
assistance as the hosting jurisdiction considers appropriate.
X. Limited English Proficiency
As both the recipient of and programming agency for some types of federal funding,
Grant County Public Works has the responsibility to follow federal nondiscrimination
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laws and policies as well as assist with the compliance of recipients of the federal
funding that are programmed through Grant County Public Work's processes improving
Access to Services to Persons with Limited English Proficiency.
This Limited English Proficiency (LEP) Plan provides direction on how Grant County
Public Works will stay compliant with these provisions and it was prepared in
accordance with Title VI of the Civil Rights Act of 1964.
It is the policy of Grant County Public Works to ensure that its programs and activities
are accessible to persons with Limited English Proficiency (LEP) and thus does not
discriminate on the basis of national origin in violation of the Title VI prohibition against
national origin discrimination.
Grant County Public Works will, to the maximum extent feasible, provide appropriate
alternative non-English formats for persons with LEP to access Grant County Public
Works information and services in its official deliberations and communications,
community outreach, and related notifications, if requested.
As previously outlined above, any person who believes that he or she, either individually,
as a member of any specific class of persons, or in connection with any minority
contractor, has been subjected to discrimination may file a complaint, the process for
which has also been defined above. The referring documents, along with the
Discrimination Complaint Form, is available on the obtained from the Grant County
(LPA) Human Resources office.
X1. Environmental Justice
In order to ensure dissemination of information and foster participation from affected
populations, Grant County Public Works staff will place public notices in applicable general
and minority media; select accessible locations and times for public hearings or meetings
and arrange for translation services as needed; particularly in projects impacting
predominantly minority communities. Ensure the public has information pertaining to their
rights to call or write the department to view plans and discuss environmental problems.
Staff will obtain demographic data at community meetings and public hearings pertaining to
the transportation design phase. Data will be gathered through use of a voluntary sign-up
form which includes race, gender, and national, origin. Copies of the voluntary self -reporting
forms will be provided to the Coordinator after each meeting.
X11. Notice of Title VI Rights
Your Rights against Discrimination under Title VI of the Civil Rights Act of 1964
Grant County hereby gives public notice that it is the Agency's policy to assure full compliance
with Title V1 of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related
statutes and regulations in all programs and activities. Title VI requires that no person shall, on
the grounds of race, color, or national origin be excluded from the participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any Federal Aid Highway program
or other activity for which Agency receives federal financial assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice
under Title VI has a right to file a formal complaint with Grant County. Any such complaint filed
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with the Grant County Title VI Coordinator within 180 days following the date of the alleged
discriminatory occurrence. Title VI discrimination Complaint Forms may be obtained from the
Grant County Human Resources office at no cost to the complainant.
To file a Title VI discrimination complaint, contact:
Keith M. Elefson, PE, County Engineer
124 Enterprise St. SE,
Ephrata, Zip: 98823
kmeIefsonQgrantcount)Ma.gov
Phone#:(509) 754-6082,
Washington Department of Transportation
Office of Equal Opportunity — Title VI
Box 47314
Olympia, WA 98504-7314
TitieVl@wsdot.wa.gov
Phone: (800) 259-9143
ATTACHMENT:
USDOT 1050.2A, Standard Assurances with Appendices
Organizational Chart.
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