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Home My WebLink About20193684.tiffRESOLUTION RE: APPROVE TITLE VI PLAN FOR CDOT/FHWA SUBRECIPIENTS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Title VI Plan for CDOT/FHWA Subrecipients from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Resources and the Department of Public Works, to the Colorado Department of Transportation (CDOT), commencing upon full execution of signatures, with further terms and conditions being as stated in said plan, and WHEREAS, after review, the Board deems it advisable to approve said plan, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Title VI Plan for CDOT/FHWA Subrecipients from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Resources and the Department of Public Works, to the Colorado Department of Transportation (CDOT) be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said plan. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLQRADO ATTEST: ditifeiv ado: Weld County Clerk to the Board arbara Kirkmeyer, Chair Mike reeman, Pro-Tem BY: APP Deputy Clerk to the Board unty orney Date of signature: O$/a.(nq Gc: HIR(PR/ac), Pcc.)f.3m/ERlcH) 9_17-41 Steve Moreno r 2019-3684 PE0033 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Title VI Plan for CDOT/FHWA Subrecipients DEPARTMENT: HR and Public Works DATE: 8/9/19 PERSON REQUESTING: Patti Russell Brief description of the problem/issue: CDOT is requiring all FDOT FHWA Subrecipients to complete this plan, as well as conduct the CDOT Subrecipient Title VI Compliance Survey by August 16, 2019. CDOT's Civil Rights & Business Resource Center (CRBRC) is responsible for monitoring local agencies that receive federal funds from CDOT for compliance with Title VI of the Civil Rights Act of 1964. The CRBRC requires the survey as a means to assess the current level of compliance and technical assistance needs. This plan was jointly developed with Elizabeth Relford (PW), Karin McDougal (CA), Patti Russell, Michelle Raimer and Andrew Chadwick (HR) What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve the plan as written. If approved and accepted, federal funding won't be at risk. Don't Approve plan: Failure to approve this plan may put us at risk for not receiving FHWA Federal funding for projects that have been, or we hope to be planned. Recommendation: Approve the plan as written. Approve Recommendation Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno Schedule Work Session Other/Comments: 2019-3684 o�� 9 P .ao33 Title VI Plan for CDOT FHWA Subrecipient Weld County Public Works Department 08/13/2019 Prepared by: Andrew Chadwick, Weld County Human Resources Analyst 049/f- ..60i 6 I. Non -Discrimination Policy Statement It is the policy of Weld County that no person shall on the grounds of race, color, national origin, sex, disability, or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of Weld County as provided by Title VI of the Civil Rights Act of 1964 and related statutes. This policy specifically addresses the operations of Weld County Department of Public Works, including its contractors and anyone who acts on behalf of Weld County Department of Public Works. This policy also applies to the operations of any department or agency to which Weld County through its Public Works Department, extends federal financial assistance. Federal financial assistance includes grants, training, use of equipment, 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, national origin, sex, disability, or age 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 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21. AUG 14Z Weld County Board of County Commissioners Date Mike Freeman, Pro-Tem 020/g- 3‘e9 II. Organization, Staffing, and Structure Board of County Commissioners 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 agency employees, contractors, and agents pursuant to 23 CFR Part 200 and 49 CFR Part 21. Weld County's Title VI Coordinator for FHWA subrecipient funding is located within the Public Works Engineering Division. The Title VI Coordinator is responsible for: • Submitting a Title VI 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 CDOT. • Developing procedures for the collection and analysis of statistical data. • Providing Title VI information for dissemination; County Engineer Senior Engineer Senior Engineer I Senior Engineer I Engineer III Engineer III I Engineer II Engineer I Construction Inspection Engineer Tech III Engineer Tech II Engineer Tech I III. Primary Program Area Descriptions & Review Procedures The Public Works Department engages in the following program areas: Program Area General Description Title VI/Non-Discrimination Concerns and Responsibilities Review Procedures for Ensuring Non -Discrimination Planning and Design Public meetings Ensures public involvement in the decision -making process through public meetings, information bulletins, web publication and project related signing. Provides information in alternative formats as needed. Review and ensure compliance of Weld County Code, Federal regulations and update of this plan as needed Procurement Compliance for bid documents and Purchasing process to award bids Provide opportunity for historically under-utilized women and minority owned small businesses (DBEs). Review and ensure compliance of Weld County Code, Federal regulations and update of this plan as needed Construction Implementation of Construction projects Ensure construction efforts and resources are in compliance with Title VI requirements in all contracts. Review and ensure compliance of Weld County Code, Federal regulations and update of this plan as needed IV. Title VI Complaint Procedures Weld County's Title VI Plan will be posted on the internet and available in hard copy format in the Office of the County Engineer. Discrimination Complaint Procedure for Weld County Public Works Federal law prohibits discrimination on the basis of race, color, national origin, age, sex, or disability in any Weld County Public Works program or activity. This prohibition applies to all branches of Weld County Public Works, its contractors, consultants, and anyone else who acts on behalf of Weld County Public Works. Federal law requires that Weld County Public Works investigate, track, and report discrimination complaints. Complaints must be filed in writing and will be investigated within sixty days of submission. If you need assistance to file your complaint or need interpretation services, please contact the Weld County Engineer. 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 Weld County Public Works program or activity because of their race, color, national origin, age, sex, or disability 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 in writing within 180 days from the last date of the alleged discrimination. However, contact the County Engineer 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 the County Engineer. Complaints may be submitted via mail, internet link, fax or in person to: Weld County Engineer, Weld County Public Works 1111 H Street, Greeley CO 80631 FAX Number: 970-304-6497 https://www.weldgov.com/departments/public works/comment or concern form Complaints may also be filed directly with the following agencies: Colorado Department of Transportation Civil Rights & Business Resource Center 4201 East Arkansas Ave., Room 150 Denver, CO 80222 dot_civilrights@state.co.us Phone: (800) 925-3427 Fax: (303) 952-7088 dot_civilrights@state.co.us Federal Highway Administration, Colorado Division 12300 West Dakota Avenue, Suite 180 Lakewood, Colorado 80228 Phone: (720) 963-3000 Fax: (720) 963-3001 What happens after a complaint is filed? Title VI complaints must be investigated within sixty days. Investigating a complaint includes interviewing all parties involved and key witnesses. The investigator may also request relevant information such as books, records, electronic information, and other sources of information from all involved parties. You may specify if there is a particular individual or individuals that you feel should not investigate your complaint due to conflict of interest or other reasons. In some cases, complaints will be forwarded to either the Colorado Department of Transportation or the Federal Highway Administration for investigation. If your complaint is forwarded to one of these agencies, 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. V. Title VI Complaint Form Please complete this form to the best of your ability. If you need translation or other assistance, contact the County Engineer. Name Address City Zip Mobile Phone: Home _ Email: Work Basis of Complaint (circle all that apply): Race Color National Origin Sex/Gender Age Disability Retaliation Other: Who discriminated against you? Name Name of Organization Address City Zip Telephone How were you discriminated against? (Attach additional pages if more space is needed) Where did the discrimination occur? Dates and times discrimination occurred? Were there any other witnesses to the discrimination? Name Organization/Title Work Telephone Home Telephone How would you like to see this situation resolved? 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 Phone Address City Zip _ Signed Date VI. Data Collection Weld County pulls demographic information from the most current information available through the United States (https://www.census.gov) for Weld County. Program Area Type of Data Collected & Process for Collecting Intended Outcome of Data Analysis (i.e. Title VI Purpose for Collecting the Data) Project Specific Poverty indicators for Weld County per State Census Data Impacts to Low to Moderate Income Residents Application for targeted grants. VII. Public Participation Weld County communicates with and conducts outreach to affected populations depending on the project through: • Project specific newsletters mailed through the USPS to the public in the area affected by the project. • Project information and status reports posted on Weld County's website. • Invitations to public meetings through: 1. Targeted mailings 2. Press Releases 3. Email notifications • Road signs or message boards posted at the proposed limits of each project providing contact information to the traveling public. VIII. Staff Training Employees of Weld County's Department of Public Works involved in projects receiving federal funding attend trainings that CDOT provides to local agencies annually. IX. Notice of Rights The following notification is available at the Public Works Department and on the following link: https://www.weldgov.com/departments/public works/comment or concern form Your Rights Against Discrimination under Title VI of the Civil Rights Act of 1964 Weld County Public Works operates its programs and services without regard to race, color, national origin, sex, age, and disability. Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any Weld County Public Works program or activity because of their race, color, national origin, age, sex, or disability may file a discrimination complaint with Weld County Public Works or the Colorado Department of Transportation. To file a Title VI discrimination complaint, contact: County Engineer Weld County Public Works 1111 H Street Greeley CO 80631 Fax: 970-304-6497 Colorado Department of Transportation Civil Rights & Business Resource Center 4201 East Arkansas Avenue, Room 150 Denver, CO 80222 (303)757-9234 dot civilrights@state.co.us Title VI Plan for COOT FHWA Subrecipient Weld County Public Works Department 08/1307/2019 Prepared by: Andrew Chadwick, Weld County Human Resources Analyst I. Non -Discrimination Policy Statement It is the policy of the Weld County that no person shall on the grounds of race, color, national origin, sex, disability, or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of -Weld County as provided by Title VI of the Civil Rights Act of 1964 and related statutes. This policy ecifically addressesap-ptiee t the -operations of Weld County Department of P ublic Works -Department, including its contractors and anyone who acts on behalf of Weld County Department of Public Works. This policy also applies to the operations of any department or agency to which Weld County through its Public Works Department, extends federal financial assistance. Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance. P rohibited 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, national origin, sex, disability, or age 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 U .S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21. Weld County Board of County Commissioners Date II. Organization, Staffin and Structure Board of County Commissioners 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 agency employees, contractors, and agents pursuant to 23 CFR Part 200 and 49 CFR Prt 21. Weld County's Title VI Coordinator for FHWA subrecipient funding is located within the Public Works Engineering Division. The Title VI Coordinator is responsible for: ® Submitting a Title VI 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 CDOT. ® Developing procedures for the collection and analysis of statistical data. T�. e s o n- a-pcog- - -con d, yo -r - s ofp g i am area s--; asc,a s -ptl B d G f- ° 8 B o ent _ program-a-re-asi • Providing -Dee popg Title VI information for dissemination; tablihinp A oc �I A e s4e tl ire l ° -i 9 • �e,+ 4g iG4-e�'J E°� � status � 'idyl i 7 '�.,,3d red uc 1 Y '��.7 _ .d 'ate' reme-ck _ a-kaction-agea LtG bee -R a-pg County Engineer Senior Engineer Senior Engineer Senior Engineer Engine r I I I Engineer III Engineer II Engineer Construction Ins ection Engineer Tech III Engineer Tech II rrnnOneer..r Tech �I Dl. PO ;art.,,, r gram Area escriptions d Reie rfrce* ures The Public Works Department engages in the following program areas: Program rea Planning and Design Procurement Construction e eral Descri Lion Public meetings Compliance for bid documents and Purchasing process to award bids Implementation of construction projects Title 9/ion-Discrimination Concerns and Responsibilities Ensures public involvement in the decision -making process through public meetings, information bulletins, web publication and project related signing. Provides information in alternative formats as needed. Provide opportunity for historically under-utilized women and minority owned small businesses (DBEs). Ensure construction efforts and resources are in compliance with Title VI requirements in all contracts. Revie rcYdures f•=r Ensuring n® iscrimination Review and ensure compliance of Weld County Code, Federal regulations and update of this plan as needed Review and ensure compliance of Weld County Code, Federal regulations and update of this plan as needed Review and ensure compliance of Weld County Code, Federal regulations and update of this plan as needed IV. Title VI Complaint Procedures Weld County's Title VI Plan will be posted on the internet and available in hard copy format in the Office of the County Engineer. Discrimination Complaint Procedure for Weld County Public Works Federal law prohibits discrimination on the basis of race, color, national origin, age, sex, or disability in any Weld County Public Works program or activity. This prohibition applies to all branches of Weld County Public Works, its contractors, consultants, and anyone else who acts on behalf of Weld County Public Works. Federal law requires that Weld County Public Works investigate, track, and report discrimination complaints. Complaints must be filed in writing and will be investigated within sixty days of submission. If you need assistance to file your complaint or need interpretation services, please contact the Weld County Engineer. 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 Weld County Public Works program or activity because of their race, color, national origin, age, sex, or disability 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 in writing within 180 days from the last date of the alleged discrimination. However, contact the County Engineer 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 the County Engineer. Complaints may be submitted via mail, Internet link, fax or in person to: Weld County Engineer, Weld County Public Works 1111 H Street, Greeley CO 80631 FAX Number: 970-304-6497 https://www.weldgov.com/departments/public works/comment or concern form Complaints may also be filed directly with the following agencies: Colorado Department of Transportation Civil Rights & Business Resource Center 4201 East Arkansas Ave., Room 150 Denver, CO 80222 dot_civilrights@state.co.us Phone: (800) 925-3427 Fax: (303) 952-7088 dot civilrignts©scat e.CO.us Federal Highway Administration, Colorado Division 12300 West Dakota Avenue, Suite 180 Lakewood, Colorado 80228 Phone: (720) 963-3000 Fax: (720) 963-3001 What happens after a complaint is filed? Title VI complaints must be investigated within sixty days. Investigating a complaint includes interviewing all parties involved and key witnesses. The investigator may also request relevant information such as books, records, electronic information, and other sources of information from all involved parties. You may specify if there is a particular individual or individuals that you feel should not investigate your complaint due to conflict of interest or other reasons. In some cases, complaints will be forwarded to either the Colorado Department of Transportation or the Federal Highway Administration for investigation. If your complaint is forwarded to one of these agencies, 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. V. Title VI Complaint Form Please complete this form to the best of your ability. If you need translation or other assistance, contact the County Engineer. Name Address City Zip Phone: Home Email: Work Mobile Basis of Complaint (circle all that apply): Race Color National Origin Sex/Gender Age Disability Retaliation Other: Who discriminated against you? Name Name of Organization Address City Zip Telephone How were you discriminated against? (Attach additional pages if more space is needed) Where did the discrimination occur? Dates and times discrimination occurred? Were there any other witnesses to the discrimination? Name Organization/Title Work Telephone Home Telephone How would you like to see this situation resolved? 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 Phone Address City Zip Signed Date VI. Data Collection Weld County pulls demographic information from the most current information available through the United States (https://www.census.gov) for Weld County. Program Area Type of Data Collected & Process for Collecting Intended Outcome of Data Analysis (i.e. Title VI Purpose for Collecting the Data) Project Specific Poverty indicators for Weld County per State Census Data Impacts to Low to Moderate Income Residents Application for targeted grants. VII. Public Participation Weld County communicates with and conducts outreach to affected populations depending on the project through: • _Project specific newsletters rmmailed through the USPS to the public in the area affected by the project. • _Project information and status reports -are posted on Weld County's website. • _weld Coun - rtises !invitations to public meetings through: 1. Targeted mailings 2. Press Releases 3. Email notifications • _Road signs or message boards -may -be posted at the proposed limits of each project providing contact information to the traveling public. VIII. Staff Training Em alovees of Weld Count\s eoartment of Public Works involved in ro ects receiving federal funding attend trainings that CDOT provides to local agencies y training annually. IX. Notice of Rights The following notification is available at the Public Works Department and on the following link: https://www.weldgov.com/departments/public works/comment or concern form Your Rights Against Discrimination under Title VI of the Civil Rights Act of 1964 Weld County Public Works operates its programs and services without regard to race, color, national origin, sex, age, and disability. Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any Weld County Public Works program or activity because of their race, color, national origin, age, sex, or disability may file a discrimination complaint with Weld County Public Works or the Colorado Department of Transportation. To file a Title VI discrimination complaint, contact: County Engineer Weld County Public Works 1111 H Street Greeley CO 80631 Fax: 970-304-6497 Colorado Department of Transportation Civil Rights & Business Resource Center 4201 East Arkansas Avenue, Room 150 Denver, CO 80222 (303)757-9234 dot ciVilrigY0Gs'r ✓tateacVcus Hello