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HomeMy WebLinkAboutR16-044 Eagle County (CDOT/FHWA) Title VI Plan Commissioner AOLAt . —02.ti moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. RESOLUTION ADOPTING THE EAG yt t;k TY'I DOT/FHWA) TITLE VI PLAN A 44 xt, WHEREAS, Eagle County is the recipie 'A = al Highway Administration ("FHWA") funds administered or directed through the Colorado Department of Transportation("CDOT"); and WHEREAS, compliance with Title VI is a condition of receipt of federal funds; and WHEREAS,the Eagle County Board of Commissioners (hereinafter the "Board") desires to formally adopt a Title VI Plan including a non-discrimination policy, complaint procedure and language assistance plan; and WHEREAS, the Board desires to approve and authorize its Chair to sign United States Department of Transportation's Standard Title VI Assurances; and WHEREAS, through its Annual Appointment Resolution(Resolution 2016- 007), the Board appointed the Assistant County Manager as the County's Title VI/Civil Rights Coordinator. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board hereby adopts the Eagle County Government Title VI Plan, (CDOT/FHWA)which is attached hereto and incorporated herein as Exhibit A. The plan sets forth Eagle County's Title VI and Non-Discrimination Policy Statement, Title VI Complaint Procedures and Language Assistance Policy. THAT, the Board hereby approves and authorizes the Chair to sign United States Department of Transportation's Standard Title VI Assurances which are included as Attachment 1 to the Title VI Plan. THAT, the Board, having the authority, in its sole discretion, may revise, modify, replace and readopt the Title VI Plan from time to time. �A,PPRO'JE S TO FORM By: /�.4'`-C &i///`e/6 agle C °nty Attorney's Office By: Eagle County Commissioners' Office MOVED, READ and ADOPTED by the Board of County commissioners of the County of Eagle, State of Colorado, at its regular meeting held the i4 day of 144v10e-t , 2016. eAate COUNTY OF EAGLE, STATE OF 41Y 4 qt COLORADO,by and Through Its ATTEST: `° (f BOARD OF COUNTY COMMISSIONERS By: {� Teak J. Simonton anne McQuee Clerk to the Board of Chair County Commissioners / Jillian H. Ryan Co ssioner // Wikcathy C ae r-Henry Commissioner Commissioner A)-4 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney N Commissioner Ryan ILLASR Commissioner Chandler-Henry • This Resolution passed by2(0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT A EAGLE COUNTY GOVERNMENT TITLE VI PLAN AND LANGUAGE ASSISTANCE PLAN (CDOT/FHWA) APRIL, 2016 1 TITLE VI AND NON-DISCRIMINATION POLICY STATEMENT Eagle County, Colorado is committed to compliance with Title VI of the Civil Rights Act of 1964 and related statutes. It is the policy of Eagle County, Colorado that no person shall, on the grounds of race, color, gender, national origin, religion, sex, sexual orientation, disability or age, be excluded from participation in,be denied the benefits of, or be subjected to discrimination in any operation of Eagle County Government as provided by Title VI of the Civil Rights Act of 1964 and related statutes. This policy applies to Eagle County Government, including its contractors and anyone who acts on behalf of Eagle County. This policy also applies to the operations of any department or agency to which Eagle County, Colorado extends federal financial assistance. Federal financial assistance includes grants, training, and 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, gender, national origin, religion, sex, sexual orientation, disability, or age may include: denial to an individual of any lawfully required service, lawfully required financial aid or other lawfully required benefit; distinctions in the quality, quantity, or manner in which a benefit is provided; segregation or separate treatment; restriction in the enjoyment of advantages, privileges, or other benefits provided; discrimination in activities related to highway and infrastructure or related facilities 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. I. STANDARD ASSURANCES US Department of Transportation's Standard Title VI Assurances have been executed by the Chair of the Eagle County Board of County Commissioners and are attached hereto as Attachment 1. Eagle County shall ensure that the applicable appendices of the Standard Assurance are included in each federally-assisted contract. The appendices include the following: (a) general contract provisions; (b) clauses for deeds transferring U.S. property; (c) clauses for transfer of real property acquired or improved under a FHWA activity, facility or program; (d) clauses for construction/use/access to real property acquired under a FHWA activity, facility or program; and (e)pertinent nondiscrimination authorities. The Standard Title 2 VI Assurances and related appendices may be amended from time to time by the federal government, and such amendments are considered approved as if set forth herein,without further action by the Board of County Commissioners. II. TITLE VI COORDINATOR AND RELATED DUTIES The Eagle County Manager or Assistant County Manager 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. Eagle County Government has appointed the Assistant County Manager to perform the duties of the Title VI Coordinator and ensure implementation of its Title VI program. The Title VI Coordinator is located within the office of Administration. The Title VI Coordinator is responsible for: 1. Submitting a Title VI plan and annual reports on behalf of Eagle County; 2. Developing procedures for prompt processing and disposition of complaints; 3. Investigating complaints, compiling a complaint log, and reporting to other public agencies as required; 4. Developing procedures for the collection and analysis of statistical data; 5. Developing a program to conduct Title VI reviews of program areas; 6. Conducting annual Title VI assessments of pertinent program areas; 7. Developing Title VI information for dissemination; and 8. Establishing procedures for resolving deficiencies and reducing to writing remedial action agreed to be necessary. III. PROGRAM AREA DESCRIPTIONS AND REVIEW PROCEDURES A. Program Area Descriptions 1. Eagle County Engineering Department. The Eagle County Engineering Department oversees the planning and design of public works projects. The Engineering Department staff review development applications, oversee County floodplain administration and issue flood plain development,road cut, grading and access permits. 2. Eagle County Regional Transportation Authority("Eco Transit"). Eco Transit maintains a separate Title VI Plan in compliance with Federal Transportation Authority requirements. 3 3. Eagle County Road & Bridge Department. The Eagle County Road & Bridge Department generally provides maintenance and snow removal on certain county roads to provide safe, efficient roadways. B. Review Procedures On an annual basis, the Civil Rights Coordinator will, using the form attached as Attachment 2, communicate with the directors of the above-referenced program areas to identify any areas of discrimination or potential for discrimination. In the event of discrimination or an identified deficiency, the Civil Rights Coordinator will together with the appropriate individuals within an affected program area, work to timely implement a corrective plan or take such other action as may be appropriate. Further, in instances where the County is a sub-recipient of federal aid, the program area team shall be responsible for monitoring contractors and subcontractors for compliance with Title VI. IV. NOTICE OF RIGHTS A. Dissemination of Title VI Information to Eagle County Employees Eagle County's Title VI information shall be disseminated to Eagle County employees annually via the Employee Handbook. The current Title VI Employee Handbook language is attached as Attachment 3. Such language may be amended from time to time and such amended language shall be considered approved and set forth herein without further action by the Eagle County Board of County Commissioners. This information reminds employees of the Eagle County Title VI and Nondiscrimination Policy Statement, and of their Title VI responsibilities in their daily work duties. Employees actively acknowledge receipt of the Eagle County Employee Handbook on an annual basis. During new employee orientation, new employees shall be informed Eagle County's Title VI Policy, and Eagle County's expectations to perform their duties accordingly. There may be alternative, specific complaint policies for employees, contractors, inmates, etc. The Eagle County Employee Handbook governs employment-related complaints of discrimination. B. Dissemination of Title VI Information to the Public Title VI information posters will contain the notice set forth below and shall be prominently displayed on the Eagle County campus. The notice and the Title VI Plan are available on the Eagle County website at www.eaglecounty.us. Questions relating to nondiscrimination obligations can be obtained from Eagle County's Title VI Coordinator. The Title VI Notice is available in Spanish on the Eagle County website and as Attachment 5. 4 Your Rights Against Discrimination under Title VI of the Civil Rights Act of 1964 Eagle County operates its programs and services without regard to race, color, gender, national origin, religion, sex, sexual orientation, disability or age. Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any Eagle County program or activity because of their race, color, gender, national origin, religion, sex, sexual orientation, disability or age may file a discrimination complaint with Eagle County or the Colorado Department of Transportation. Eagle County's Title VI Plan is available at www. eaglecounty.us Eagle County's Title VI Coordinator is the Assistant County Manager. To file a Title VI discrimination complaint, contact: Attn: Assistant County Manager 500 Broadway Post Office Box 850 Eagle, CO 81631 (970) 328-8604 Email: Eagleadmin @eaglecounty.us Complaints may also be filed directly with: 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 Federal Highway Administration, Colorado Division 12300 West Dakota Avenue, Suite 180 Lakewood, CO 80228 Phone: 720-963-3000 Fax: 720-963-3001 V. TITLE VI COMPLAINT PROCEDURES This Plan, including these complaint procedures is available on the Eagle County website at www.eaglecounty.us. The procedures are also available in Spanish on the Eagle County website and as Attachment 6. 5 A. Discrimination Complaint Procedure for Eagle County Federal and state law prohibit discrimination on the basis of race, color, gender,national origin, religion, sex, sexual orientation, disability, or age in any Eagle County program or activity. Federal law requires that Eagle County investigate, track and report discrimination complaints. Complaints must be filed in writing and will be investigated within sixty(60) days of submission. If you need assistance to file your complaint or need interpretation services,please contact the Assistant County Manager, Eagle County's Title VI Coordinator. 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 Eagle County program or activity because of their race, color, gender, national origin,religion, age, sex, sexual orientation or disability may file a complaint. The Eagle County Employee Handbook governs employment-related complaints of discrimination. Discrimination includes unlawful lack of access, harassment, retaliation and disparate impacts from a program or activity. Harassment includes a wide range of abusive or 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 in a discrimination investigation. How do you file a complaint? Complaints must be filed within one hundred eighty(180) days from the last date of the alleged discrimination. However, contact Eagle County's Title VI Coordinator 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 Eagle County's Title VI Coordinator. Complaints may be submitted via mail, email, fax or in person to: Attn: Assistant County Manager Eagle County Title VI Coordinator 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: (970) 328-8604 Fax: (970) 328-8629 Email:Eagleadmin @eaglecounty.us 6 Complaints may also be filed directly with the following agencies: Colorado Department of Transportation Civil Rights &Business Resource Center 4201 East Arkansas Avenue, Room 150 Denver, CO 80222 dot civilrights @state.co.us Phone: 800-925-3427 Fax: 303-952-7088 Federal Highway Administration, Colorado Division 12300 West Dakota Avenue, Suite 180 Lakewood, CO 80228 Phone: 720-963-3000 Fax: 720-963-3001 What happens after a complaint is filed? Title VI complaints will be investigated within sixty(60) 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. Complaints related to employment with Eagle County will be addressed in accordance with the Eagle County Handbook and related policies and procedures. In some cases, complaints will be forwarded to either the Colorado Department of Transportation or 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. 7 Title VI Complaint Form Please complete this form to the best of your ability. If you need translation or other assistance, contact the Assistant County Manager. Name Address City Zip Phone: Home Work Mobile Email: Basis of Complaint(circle all that apply): Race Color National Origin Gender Sex Sexual Orientation Age Disability Retaliation Religion 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) 8 II 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 9 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. DOCUMENTING TITLE VI COMPLAINTS AND INVESTIGATIONS All Title VI complaints will be entered and tracked in the Civil Rights Coordinator's log. Active investigations will be monitored for a timely response on the part of all parties. The Complaint Log shall include the following for each complaint: Date Complaint Filed Complainant Basis of Complaint(i.e. race, color, national origin, etc...) Summary of Allegation Pending Status of Complaint Actions Taken VII. DATA COLLECTION The program areas will provide to the Civil Rights Coordinator on an annual basis, data to assist the Civil Rights Coordinator in identifying potential problem areas to ensure non-discrimination and for reporting in the Annual Goals and Accomplishments report. See Attachment 4. 10 VIII. PUBLIC PARTICIAPTION Eagle County has engaged the public in its planning and decision making processes, as well as its marketing and outreach efforts. The public is consistently invited to participate in these activities through notice in the local newspapers,posting on the Eagle County website, audio and video recordings of meetings. Eagle County strives to coordinate with the public including implementing community-based public involvement strategies to reach out to members in the affected minority and/or low- income communities. The Eagle County Board of County Commissioners generally hold meetings each week and the public is invited to attend and participate. Citizens may contact county commissioners and county staff. Contact information is available on the Eagle County website at www.eaglecounty.us. Questions and comments are distributed to relevant staff for timely response to citizens. IX. LANGUAGE ASSISTANCE PLAN Limited English Proficient("LEP") individuals are those individuals for whom English is not their primary language and have a limited ability to speak, read, write, or understand English. Failure to provide language assistance for LEP persons may result in national origin discrimination. Pursuant to Executive Order 13166, Eagle County as a FHWA sub-recipient has performed an LEP analysis of the County and has developed a plan for providing language assistance and outreach to LEP populations. The following is the four-factor analysis was used to determine the measures necessary for providing meaningful access for LEP individuals: A. Identify the number or proportion of LEP persons likely to be encountered. 1. Permanent Population The U.S. Census provides information to assist in estimating the number of limited English speakers in the permanent population. For small urban areas and rural counties, the best available data is from the U.S. Census 2010. In Eagle County 30.7% of the population speaks a language other than English at home. This percentage is based upon persons age 5 years or older for the period of 2010-2014. Of that 30.7% approximately 11 89% (or 27.4%of the entire population) were Spanish speaking. Eagle County is committed to monitoring LEP needs among the permanent population over time. 2. Visitors There may be a potential need for special services for LEP individuals in our visitor population. As a year round resort community, Eagle County attracts individuals from all over the world. Eagle County is therefore sensitive to LEP needs among visitors to the County. B. Determine the frequency with which LEP persons come into contact with Eagle County. Various Eagle County employees have daily contact with Spanish speaking individuals. Therefore, strategies to address this need have been developed and will continually be reviewed, and improved where needed. C. Determine the importance of a program, activity or service provided. The nature and importance of LEP contact is high for Eagle County particularly in areas where services and County staff interact directly with the public. D. Identify the resources available. Eagle County is committed to addressing the on-going need to assist LEP individuals. Eagle County has and will contract with entities to provide verbal translation services by telephone or other appropriate formats. Eagle County employs bilingual staff in key program areas. E. Plans for Future LEP Efforts In order to identify potential future LEP needs with respect to services offered by Eagle County, we will undertake the following: i. Review census updates as they become available; ii. Periodically review LEP needs with appropriate Eagle County staff; iii. Make periodic contacts with school districts and other community agencies that may know of LEP persons or groups; and iv. Review surveys as they occur. 12 F. Language Assistance Measures Eagle County will implement the following to respond to LEP needs: i. Provide information in Spanish, as needed; ii. Obtain"I Speak Cards"to have on hand, if needed; iii. Develop Spanish versions of materials, complaint forms, and notices as appropriate and in accordance with applicable law; and iv. Identify other community resources such as agencies serving LEP persons which may have resources to share. G. Staff Training Eagle County will conduct staff training as needed on topics that may include: i. Federal LEP requirements, LEP Plan and Title VI; ii. Documenting language assistance requests; and iii. Use of any language assistance measures as described above. H. Outreach Efforts Eagle County will: i. Identify agencies that may serve LEP populations; ii. Provide information on services, as appropriate; and iii. Provide opportunities for LEP participation at public meetings, through advertising and conduct of meetings, as appropriate. I. Monitoring and Updating Plan Eagle County will monitor and update the LEP Plan as needed. This will include: i. Reviewing the LEP Plan with staff and making adjustments, as needed; and ii. Pay particular attention to demographic changes in Eagle County and to any LEP- related complaints received. 13 J. Dissemination of Our LEP Plan This document will be posted on the Eagle County website. X. ADHERENCE TO ENVIORNMENTAL JUSTICE PRINCIPLES Executive Order 12898 directs federal agencies to identify and address the disproportionately high and adverse human health or environmental effects of their actions on minority and low- income populations to the greatest extent practicable and permitted by law. As a recipient of federal funding, Eagle County complies with the federal government's Environmental Justice Policy. To help ensure fair distribution of the benefits and burdens associated with Eagle County programs and activities, Eagle County is guided by the following: (i)to avoid,minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations; (ii) to ensure the full and fair participation by all potentially affected communities; and(iii) to prevent the denial of, reduction in, or significant delay in the receipt of lawful benefits by minority and low- income populations. Eagle County will analyze demographic data from the U.S. Census and American Community Survey to aid in identifying the locations and characteristics of the population in Eagle County including minority and low-income populations. Eagle County will seek guidance from the Colorado Department of Transportation and Federal Highway Administration for additional guidance, if needed. Eagle County will consider whether an adverse effect is disproportionately high for minority and low-income populations. Eagle County will engage low income and minority populations in the decision-making process. Effective communication will include traditional public outreach, including providing any required notice to the public. Eagle County will work to hold public meetings at convenient and accessible times, and will make information available on its website. Eagle County may implement non-traditional outreach methods including, social media, direct mail and partnerships with community groups. XI. ANNUAL GOALS AND ACCOMPLISHMENT REPORT Eagle County's Civil Rights Officer will complete CDOT's sub-recipient Annual Goals and Accomplishments Report on an annual basis. This report will describe its Title VI compliance efforts from the previous year. This report will include a summary of Title VI complaints received during the prior year. 14 ATTACHMENT 1 STANDARD TITLE VIINON-DISCRIMINATION ASSURANCES DOT ORDER NO. 1050.2A Eagle County, Colorado (herein referred to as the"Recipient"), hereby agrees that, as a condition to receiving any federal financial assistance from the U.S. Department of Transportation (DOT) Federal Highway Administration ("FHWA") through the Colorado Department of Transportation, it is subject to and will comply with the following: Statutory/Regulatory Authorities .Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); •49 C.F.R. Part 21 (entitled Non-discrimination in Federally-Assisted Programs Of the Department Of Transportation-Effectuation Of Title VI Of the Civil Rights Act of 1964); and •28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations,"respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity, " for which the Recipient received Federal financial assistance from the DOT, including the FHWA through the Colorado Department of Transportation". The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title VI and other Non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. 15 Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted FHWA assisted programs: 1. The Recipient agrees that each "activity", "facility", or "program", as defined in §§21.23(b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a"facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all FHWA programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The County of Eagle, State of Colorado, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §,' 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. " 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, a part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in a the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits or similar instruments entered into by the Recipient with other parties: 16 a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extGndetl, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this Assurance, Eagle County, Colorado also agrees to comply and require any sub- recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply with all applicable provisions governing the FHWA and Colorado Department of Transportation access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA or Colorado Department of Transportation. You must keep records, reports, and submit the material for review upon request to the FHWA or Colorado Department of Transportation, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. Eagle County, Colorado gives this Assurance in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the FHWA. This Assurance is binding on the State of Colorado, other 17 recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in FHWA funded programs. The person(s) signing below is authorized to sign this Assurance on behalf of the Recipient. Eagle County, Colorado by and through its Board of County Commissioners By: . {� � 4. � eanne McQueeeny, air Date: S Z 6 t(o 18 APPENDIX A TO STANDARD ASSURANCES GENERAL CONTRACT PROVISIONS Eagle County will include the following, as applicable, in federally assisted contracts: During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest(hereinafter referred to as the"Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor(hereinafter includes consultants) will comply with the Acts and Regulations relative to non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, [Insert Title of Modal Operating Administration], as they may be amended from time to time, which are herein incorporated and made a part of this Agreement. 2. Non-discrimination: The Contractor, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements] 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and Regulations relative to on the grounds of race, color, or national origin.[Include Modal Operating Administration specific program requirements]. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the[Title of Modal Operating Administration] to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Recipient or the[Title of Modal Operating 19 Administration], as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the[Inset Title of Modal Operating Administration] may determine to be appropriate, including but not limited to: a. withholding payments to the Contractor under the Agreement until the Contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Recipient or the[Title of Modal Operating Administration]may direct as a means of enforcing such provisions including sanctions for noncompliance, provided that, if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 20 APPENDIX B TO STANDARD ASSURANCES CLAUSES FOR DEEDS TRANSFERRING UNITED STATES The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW,THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that Eagle County, Colorado, will accept title to the lands and maintain the project constructed thereon in accordance with[name appropriate legislative authority],the Regulations for the Administration of[name appropriate program],and the policies and procedures prescribed by the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise,release, quitclaim and convey unto Eagle County, Colorado all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Eagle County, Colorado and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for a period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on Eagle County, Colorado, it successors and assigns. Eagle County, Colorado, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that(1) no person will on the grounds of race, color, or national origin,be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed[,] [and *] (2) that Eagle County, Colorado will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Cody of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non- 21 discrimination conditions, the Department will have the right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction.]* (* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI). 22 APPENDIX C TO STANDARD ASSURANCES CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the County of Eagle, State of Colorado pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself,his/her heirs, personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the even facilities are constructed,maintained, or otherwise operated on the property described in this (deed, license, lease,permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee,permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin,will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, County of Eagle, State of Colorado, will have the right to terminate the(lease, license,permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as of the (lease, license,permit, etc.)had never been made or issued. * C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the County of Eagle, State of Colorado, will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the County of Eagle, State of Colorado and its assigns.* (* Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 23 APPENDIX D TO STANDARD ASSURANCES CLAUSES FOR CONSTURCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses,permits or similar instruments/agreements entered into by County of Eagle, State of Colorado pursuant to the provisions of Assurance 7(b): A. The(grantee, licensee,permittee, etc., as appropriate) for himself/herself,his/her heirs, personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases, add, "As a covenant running with the land")that(1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the(grantee, licensee, lessee,permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, County of Eagle, State of Colorado will have the right to terminate the (license,permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate)had never been made or issued. * C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, County of Eagle, State of Colorado will there upon revert to and vest in and become the absolute property of County of Eagle, State of Colorado and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 24 APPENDIX E To STANDARD ASSURANCES PERTINENT NON-DISCRIMINATION AUTHORITIES During the performance of this contract, the contractor, for itself, its assignees, and successors in interest(hereinafter referred to as the"Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: - Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat.252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); - Title II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C.§§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38: - The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures against discrimination of minority populations by discouraging programs,policies, and activities with 25 disproportionately high and adverse human health or environmental effects on minority and low-income populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.Reg. at 74087 to 74100); - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 26 ATTACHMENT 2 Title VI/Non- Review Procedures for Program Area General Description Discrimination Concerns Ensuring Non- and Responsibilities Discrimination Engineering Planning and design of public Public Participation Determine and verify manner works projects including engagement of and type of public notice and low income and minority out-reach for public meetings populations and hearings Right of Way Acquisitions Ensure relocation,if Evaluate any acquisitions to applicable,occurs in a determine if minorities were nondiscriminatory manner treated unfairly through appraisal,relocation etc. Construction oversight Ensure oversight of Verify FHWA/CDOT contractors and contracts contain non- subcontractors for Title VI discrimination language and compliance related citations Permitting Ensure equal access to Consider minority permitting process populations served and implement LAP plan as needed Road and Bridge Maintenance of certain county Seek to ensure non- Verify roads and bridges are roads and bridges discrimination through maintained on a uniform basis uniform maintenance and determine how practices emergency maintenance and repairs occur 27 ATTACHMENT 3 EMPLOYEE HANDBOOK INFORMATION Eagle County, Colorado is committed to compliance with Title VI of the Civil Rights Act of 1964 and related statutes. It is the policy of Eagle County, Colorado that no person shall on the grounds of race, color, gender, national origin, sex, sexual orientation disability or age,be excluded from participation in,be denied the benefits of, or be subjected to discrimination in any operation of Eagle County Government as provided by Title VI of the Civil Rights Act of 1964 and related statutes. The complete Title VI Plan and policy statement appear on the Eagle County website. All employees of Eagle County are expected to consider, respect, and observe this policy in their daily work and duties. If a citizen approaches you with a question or complaint, direct him or her to the Assistant County Manager and Eagle County Civil Rights Coordinator. 28 Attachment 4 Data Collection Form1 Program Type of Data Collected&Process Intended Outcome of Data Analysis Area for Collecting (i.e.Title VI Purpose for Collecting the Data) Engineering Road and Bridge 1 Describe Eagle County's process for collecting and analyzing data on the race,color,national origin,sex of participants and beneficiaries of program activities. Examples might include tracking residents relocated through a right of way program,residents impacted by road maintenance or snow removal and collecting US Census data on populations impacted by programs 29 ATTACHMENT 5 TITLE VI NOTICE (SPANISH) Sus Derechos Contra la Discriminacion de Conformidad con el Titulo VI de la Ley de Derechos Civiles de 1964 El condado de Eagle administra sus programas y servicios independientemente de criterios tales como raza, color, genero, origen nacional, religion, sexo, orientacion sexual, discapacidad o edad. Cualquier persona que considere que ha sido excluida de la participacion de, que se le han negado los beneficios de, o que ha sido victima de discriminacion de alguna otra forma en algnn programa o actividad del condado de Eagle en funcion de su raza, color, origen nacional, religion, sexo, orientacion sexual, discapacidad o edad puede presentar una queja por discriminacion ante el condado de Eagle o el Department of Transportation(Departamento de Transporte) de Colorado. El Plan del Titulo VI del condado de Eagle se publica en www.eaglecounty.us. El Coordinador del Titulo VI (Title VI Coordinator) del condado de Eagle es el Subdirector del Condado (Assistant County Manager). Para presentar una queja por discriminacion en virtud del Titulo VI, dirijase a: Atn.: Subdirector del Condado (Assistant County Manager) 500 Broadway Post Office Box 850 Eagle, CO 81631 (970) 328-8604 Email:Eagleadmin @eaglecounty.us Las quejas tambien se pueden presentar directamente ante: Colorado Department of Transportation(Departamento de Transporte de Colorado) Civil Rights &Business Resource Center(Centro de Recursos de Negocios y Derechos Civiles) 4201 East Arkansas Avenue, Room 150 Denver, CO 80222 (303) 757-9234 dot civilrights@state.co.us Federal Highway Administration, Colorado Division (Administracion Federal de Autopistas, Division de Colorado) 12300 West Dakota Avenue, Suite 180 Lakewood, CO 80228 Telefono: 720-963-3000 Fax: 720-963-3001 30 ATTACHMENT 6 TITLE VI COMPLAINT PROCEDURES AND COMPLAINT FORM (SPANISH) I. PROCEDIMIENTOS PARA QUEJAS EN RELACION CON EL TITULO VI Para consultar este plan,junto con los procedimientos para presentar quejas, dirijase al sitio web del condado de Eagle: www.eaglecountv.us. Los procedimientos tambien se publican en espafiol en el sitio web del condado de Eagle y como Anexo 6. A. Procedimiento para quejas por discriminacion del condado de Eagle Las leyes federales y estatales prohiben la discriminacion en funcion de criterios tales como raza, color, genero, origen nacional,religion, sexo, orientacion sexual, discapacidad o edad en todas las actividades y programas del condado de Eagle. La ley federal exige que el condado de Eagle investigue, lleve a cabo un seguimiento y comunique las quejas por discriminacion. Las quejas deben presentarse por escrito y seran investigadas dentro de los sesenta(60) dias de su presentation. Si necesita ayuda para presentar una queja o precisa servicios de interpretation, comuniquese con el Subdirector del Condado (Assistant County Manager), el Coordinador del Titulo VI (Title VI Coordinator) del condado de Eagle. i.Quien es elegible para presentar una queja? Cualquier persona que considere que ha sido excluida de la participation de, que se le han negado los beneficios de, o que ha sido victima de discriminacion de alguna otra forma en algµn programa o actividad del condado de Eagle en funcion de su raza, color, origen nacional, religion, sexo, orientacion sexual, discapacidad o edad puede presentar una queja. El manual del empleado del condado de Eagle regula las quejas por discriminacion relacionadas con el empleo. La discriminacion incluye la denegacion de acceso de catheter ilegal, el acoso, las represalias y los impactos desiguales derivados de un programa o actividad. El acoso abarca un amplio rango de conductas fisicas o verbales de catheter abusivo o humillante. Entre las represalias, cabe mencionar la intimidation, las amenazas, la extorsion o la adoption de otras conductas discriminatorias dirigidas a alguna persona por haber presentado una queja o participado de alguna otra forma en una investigation por discriminacion. i.Como se presenta una queja? Las quejas deben presentarse dentro de los ciento ochenta(180) dias de la iiltima fecha del incidente de discriminacion alegado.No obstante, comuniquese con el Coordinador del Titulo VI (Title VI Coordinator) del condado de Eagle si tree que su queja no entra dentro de este periodo. 31 Se tomaran medidas razonables para ayudar a aquellos con discapacidades, que no hablen ingles o que no puedan presentar una queja por escrito por algun otro motivo. Si necesita ayuda para presentar una queja, comuniquese con el Coordinador del Titulo VI (Title VI Coordinator) del condado de Eagle. Las quejas pueden enviarse por correo postal, email o fax, o entregarse en persona ante: Atn.: Subdirector del Condado (Assistant County Manager) Coordinador del Titulo VI (Title VI Coordinator) del condado de Eagle 500 Broadway Post Office Box 850 Eagle, CO 81631 Telefono: (970) 328-8604 Fax: (970) 328-8629 Email:Eagleadmin@eaglecounty.us Las quejas tambien pueden presentarse directamente ante alguna de las siguientes agencias. Colorado Department of Transportation(Departamento de Transporte de Colorado) Civil Rights &Business Resource Center(Centro de Recursos de Negocios y Derechos Civiles) 4201 East Arkansas Avenue, Room 150 Denver, CO 80222 clot civilrights @state.co.us Telefono: 800-925-3427 Fax: 303-952-7088 Federal Highway Administration, Colorado Division (Administracion Federal de Autopistas, Division de Colorado) 12300 West Dakota Avenue, Suite 180 Lakewood, CO 80228 Telefono: 720-963-3000 Fax: 720-963-3001 ;.Que ocurre despues de que se presenta una queja? Las quejas relacionadas con el Titulo VI se investigaran dentro de los sesenta(60) dias. La investigacion de una queja conlleva interrogar a todos los involucrados y testigos clave. El investigador tambien puede solicitar informacion pertinente, como libros, registros e informacion electronica y de otras fuentes, a todos los involucrados. Si cree que cierta persona o personas no deben participar de la investigacion de la queja por algun conflicto de interes u otro motivo, usted puede indicarlo. 32 Las quejas relacionadas con el empleo en el condado de Eagle se abordaran de conformidad con el manual del condado de Eagle, y las politicas y procedimientos pertinentes. En algunos casos, las quejas se remitiran al Department of Transportation(Departamento de Transporte) de Colorado o a la Federal Highway Administration(Administracion Federal de Autopistas)para su debida investigacion. Si su queja se remite a alguna de estas agencias, se le proporcionara el nombre y la informacion de contacto de la persona a cargo de su queja. La ley federal prohibe la toma de represalias contra personas por haber presentado una queja por discriminacion o participado de alguna otra forma en una investigacion por discriminacion. Cualquier represalia alegada ha de informarse por escrito al investigador. 33 Formulario de quejas en virtud del Titulo VI Complete este formulario de la mejor manera posible.Si necesita una traduccion o cualquier otro tipo de ayuda, comuniquese con el Assistant County Manager(Subdirector del Condado). Nombre y apellido Direccion Ciudad Codigo postal Telefono: Particular Laboral Celular Email: Motivo de queja(marque con un circulo todo to que corresponda): Raza Color Origen nacional Genero Sexo Orientacion sexual Edad Discapacidad Represalias Religion Otro: Quien to/a discrimino? Nombre y apellido Nombre de la organizacion Direccion _ Ciudad Codigo postal Telefono Como to/a discriminaron?(Agregue mos paginas si precisa mos espacio) 34 eDonde ocurrio el incidente/ocurrieron los incidentes de discriminacion? dFechas y horas del incidente/de los incidentes de discriminacion? cHubo testigos? Nombre Organizacion/Cargo Telefono laboral Telefono particular dComo le gustaria que se resolviera esta situacion? 35 Presentd esta queja, reclamo o denuncia ante alguna otra agencia o tribunal? Ante quien Fecha Estado(pendiente, resuelta, etc.) Resultado, si to sabe Numero de queja o reclamo, si to sabe dPuso un abogado? Nombre Telefono Direccion Ciudad Codigo postal Firma Fecha 36