Item Q1CLE4KCO�F(cAL-
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers, District 3
Mayor Pro Tern George Neugent, District 2
The Florida. Keys Danny L. Kolhage, District I
David Rice, District 4
lqy Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Summary #1592
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
None
AGENDA ITEM WORDING: Approval of a Resolution of the Board of County Commissioners
of Monroe County, Florida, adopting the Title VI and nondiscrimination policy and plan for Monroe
County.
ITEM BACKGROUND: Various departments and programs within Monroe County receive
federal financial assistance, in the form of contracts, grants and loans. As a condition for receipt of
federal funds, Monroe County is required to have in place a formal policy concerning Title VI of the
Civil Rights Act of 1964 as well as other federal civil rights laws.
PREVIOUS RELEVANT BOCC ACTION: BOCC has previously established policies by
ordinance and resolution prohibiting discrimination in employment or for various disabilities as
required by Titles VII and II, respectively.
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
Resolution Adopting the Title VI and Nondiscrimination Policy and Plan
FINANCIAL IMPACT:
Effective Date: Upon approval
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: Staff time TBD
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
There is no funding required for this.
STAFF RECOMMENDATION:
Approval
REVIEWED BY:
Kevin Wilson
Completed
04/15/2016 8:16 AM
Cynthia Hall
Completed
04/15/2016 9:43 AM
Budget and Finance
Completed
04/15/2016 10:09 AM
Maria Slavik
Skipped
04/15/2016 8:14 AM
Kathy Peters
Board of County Commissioners
Pending
Pending
04/20/2016 9:00 AM
RESOLUTION NO. — 2016
A RESOLUTION OF THE BOARD OF COUNTY COMISSIONERS OF
MONROE COUNTY, FLORIDA, ADOPTING THE TITLE VI AND
NONDISCRIMINATION POLICY AND PLAN FOR MONROE COUNTY.
WHEREAS, Title VI of the Civil Rights Act of 1964,42 U.S.C. § 2000d et seq., was
enacted as part of the landmark Civil Rights Act of 1964, and prohibits discrimination on the
basis of race, color, and national origin in programs and activities receiving federal financial
assistance; and
WHEREAS, various departments and programs within Monroe County receive federal
financial assistance, in the form of grants and loans; and
WHEREAS, as a condition for receipt of federal grant funds, Monroe County is required
to have in place a formal policy concerning Title VI as well as other federal civil rights law; and
WHEREAS, Monroe County is committed to compliance with federal law and also to
the policy of nondiscrimination in the delivery of all programs and activities; and
WHEREAS, the Monroe County Board of Commissioners wishes to formally adopt a
policy with respect to Title VI as well as other federal civil rights laws.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
The Board of County Commissioners hereby adopts the Title VI and Nondiscrimination
Policy and Plan in the form attached hereto, and authorizes the County Administrator or designee
to sign and administer this policy and plan and to make amendments as needed in accordance
with the law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the day of , 2016.
Mayor Heather Carruthers
Mayor Pro Tern George Neugent
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By By
Clerk Mayor/Chairperson
Monroe County, Florida
Page 1 of 6 MOWE COUNTY ATTORNEY
Title VI/Nondmrimination Policy, Resolution ROV D41R
O
YNLL
ASSISTANT COUNTY ATTORNEY
Date.. ;— c a af i--0
Title VI/Nondiscrimination Policy and Plan
Policy Statement:
Monroe County values diversity and welcomes input from all interested parties, regardless of
cultural identity, background or income level. Moreover, the County believes that the best
programs and services result from careful consideration of the needs of all of its communities
and when those communities are involved in the decision making process. Thus, County does
not tolerate discrimination in any of its programs, services or activities. Pursuant to Title VI
of the Civil Rights Act of 1964 and other federal and state laws and regulations, the County
will not exclude from participation in, deny the benefits of, or subject to discrimination
anyone on the grounds of race, color, national origin, sex, age, disability, religion, income,
sexual orientation, or family status.
Complaint Procedures:
The County has established a discrimination complaint procedure and will take prompt and
reasonable action to investigate and eliminate discrimination when found. Any person who
believes that he or she has been subjected to discrimination based upon race, color, national
origin, sex, religion, age, disability, family or income status in any of County's programs,
services or activities may file a complaint with the County Title VI/Nondiscrimination
Coordinator:
Mr. Calvin Allen
Monroe County Title VI/Nondiscrimination Coordinator
1100 Simonton St., Suite 2-268, Key West, FL 33040
Tel: (305) 2924545
Fax: (305) 292-4564
Email: alien-calvin@monroecounty-fl.gov
monroecounty-fl.gov
Hearing impaired: Florida Relay 7-1-1
If possible, the complaint should be submitted in writing and contain the identity of the
complainant; the basis for the allegations (i.e., race, color, national origin, sex, religion, age,
disability, sexual orientation, or family status); and a description of the alleged
discrimination with the date of occurrence. If the complaint cannot be submitted in writing,
the complainant should contact the Title VI/Nondiscrimination Coordinator for assistance.
The Title VI/Nondiscrimination Coordinator will respond to the complaint within thirty (30)
calendar days from receipt of the complaint and will take reasonable steps to resolve
the matter. Should the County be unable to satisfactorily resolve a complaint, the Title
VI/Nondiscrimination Coordinator will forward the complaint, along with a record of its
disposition, to the appropriate Federal and/or State agency for further processing.
The County's Title VI Coordinator has `easy access' to the County Administrator and is not
required to obtain management or other approval to discuss discrimination issues with the
County Administrator. However, should the complainant be unable or unwilling to complain to
the County, or if the complainant is dissatisfied with the County's handling of the complaint, the
written complaint may be submitted directly to the United States Department of Justice at the
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Title Mondisaiminmion Policy, Resolution
address written below. DOd will ensure that the matter is assigned to the correct federal or state
authority for processing.
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Title VI Hotline: 1-888-TITLE-06
(1-888-848-5306) (Voice/TTY)
Htlp://www.iustice.govlcrt/about/cor/coord/titlevi.pho
If the program involved has received federal funding through the Florida Department of
Transportation, then the complaint may be lodged with the following agency:
Florida Department of Transportation Equal Opportunity Office
ATTN: Title VI Complaint Processing 605 Suwannee Street MS 65
Tallahassee, FL 32399
ADA/504 Statement:
Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act
of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against
those who have disabilities. Furthermore, these laws require federal aid recipients and other
government entities to take affirmative steps to reasonably accommodate the disabled and ensure
that their needs are equitably represented in transportation programs, services and activities.
The County will make every effort to ensure that its facilities, programs, services, and
activities are accessible to those with disabilities. The County will make every effort to
ensure that its advisory committees, public involvement activities and all other programs,
services and activities include representation by the disabled community and disability service
groups.
The County encourages the public to report any facility, program, service or activity that
appears inaccessible to those who are disabled. Furthermore, the County will provide reasonable
accommodation to disabled individuals who wish to participate in public involvement events or
who require special assistance to access facilities, programs, services or activities. Because
providing reasonable accommodation may require outside assistance, organization or
resources, the County asks that requests be made at least five (5) calendar days prior to the need
for accommodation.
Requests for accommodation should be directed to the Office of the County Administrator:
Ms. Lindsey Ballard
Office of Monroe County Administrator
1100 Simonton St., Key West, FL 33040
Tel: (305) 292-4443
Fax: (305) 292-4544
e-mail: ballard-Lindsey monroecounty-fl.gov
Hearing impaired: Florida Relay 7-1-1
Page 3 of 6
Title VUNondiscriminntion Policy, Resolution
Questions, concerns, or comments should be made to the County's Title VI Coordinator:
Mr. Calvin Allen
Monroe County Title VI/Nondiscrimination Coordinator
1100 Simonton St., Suite 2-268, Key West, FL 33040
Tel: (305) 292-4545
Fax: (305) 292-4564
Email: allen-calvin@monroecounty-fl.gov
Hearing impaired: Florida Relay 7-1-1
Limited English Proficiency (LEP) Guidance:
Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the
US Department of Justice (DOJ) and US Department of Transportation (DOT) require federal
aid recipients to take reasonable steps to ensure meaningful access to programs, services and
activities by those who do not speak English proficiently. To determine the extent to which LEP
services are required and in which languages, the law requires the analysis of four factors:
1. The number or proportion of LEP persons eligible to be served or likely to be
encountered by the County's programs, services or activities.
2. The frequency with which LEP individuals come in contact with these programs,
services or activities.
3. The nature and importance of the program, service, or activity to people's lives and;
4. The resources available to the County and the likely costs of the LEP services.
The County's position on each of these factors is as follows:
1. The 2010 census (from American Community Survey) reports that in Monroe
County, Florida, approximately 24% of persons ages 5 years or older speak a
language other than English at home. The County realizes that such statistical data
can be outdated or inaccurate. Therefore, the County canvassed local law
enforcement, social services agencies and the school board to determine the
proportion of LEP served by those entities. Spanish was reported to be the prevalent
LEP language, followed by Creole. Given this information, the County reasons that a
relatively small portion of its service population are LEP speakers of Spanish.
2. The County occasionally receives requests for translation of its programs, services
or activities into Spanish. Some County -sponsored public events are attended by
LEP speakers of Spanish.
3. The County believes that transportation is of critical importance to its public, as
access to health care, emergency services, employment, and other essentials would be
difficult or impossible without reliable transportation systems. The County will post
this policy and plan in Spanish on its website so every member of the public is aware
of its nondiscrimination and public policies, both with respect to Title VI and other
federal laws.
4. The County is fortunate to have numerous employees who speak Spanish as well as
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Title VI/Nondiserimination Policy, Resolution
other languages identified as most likely to be present in LEP households in Monroe
County. These individuals are available to speak with members of the public. In
addition, the County has a contract with one or more individuals to provide
translation services for Spanish. Further, the County maintains cordial relationships
with a number of other organizations who offer competent language services and are
willing to lend their services to translate.
The analyses of these factors suggest that LEP services are required at this time. Therefore the
County will do the following:
• Maintain its agreement with outside individuals who are available to provide competent
translation services in Spanish and other language to LEP individuals;
• Continue to provide documents that are currently provided in Spanish, adding and
discontinuing documents based upon demand;
• Maintain a list of employees who competently speak and/or write or read Spanish and
other languages and are available to provide information to the public;
• Investigate additional leads for procurement of translation and/or interpretation services.
The County understands that its community profile is changing and the four factor analysis may
reveal the need for more or varied LEP services in the future. As such, it will examine its LEP
plan at least bi-annually to ensure that it remains reflective of the community's needs.
Persons requiring special language services should contact the County's Title
VI/Nondiscrimination Officer:
Mr. Calvin Allen
Monroe County Title VI/Nondiscrimination Coordinator
1100 Simonton St., Suite 2-268, Key West, FL 33040
Tel: (305) 292-4545
Fax: (305) 292-4564
Email: alien-Calvin@monroecounty-fl.gov
Hearing impaired: Florida Relay 7-1-1
Public Involvement:
In order to plan for efficient, effective, safe, equitable and reliable governmental services, the
County must have the input of its public. The County spends extensive staff and financial
resources in furtherance of this goal and strongly encourages the participation of the entire
community. Any person may attend meeting of the Monroe County Board of County
Commissioners (BOCC) meeting and submit comment on any matter on the agenda. BOCC
meetings are generally held on the third Wednesday of every month, beginning at 9:00 a.m. The
location of the BOCC meetings rotates from Key West to Marathon to Upper Keys (Key Largo).
Persons should check the County's website, www monroecountY-0.Qov. for meeting dates, times
and locations. Meeting locations are accessible to the disabled. Agendas are published in
advance on the County's website.
In addition, there are numerous other meetings of other advisory boards. The dates, times,
locations and a copy of the agenda or description of the topics to be covered can also be accessed
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Title VUNondiscdminatwn Policy, Resolution
on the County's website, under "County news," at http://www.monrOecOunty-
fl.gov/CivicAlerts.aspx.
Persons wishing to request special presentations by the County, volunteer in any of its activities,
or submit suggestions for improvement for public involvement in County activities may also
contact the Title VI/Nondiscrimination Coordinator:
Mr. Calvin Allen
Monroe County Title VI/Nondiscrimination Coordinator
1100 Simonton St., Suite 2-268, Key West, FL 33040
Tel: (305) 292-4545
Fax: (305) 292-4564
Email: allen-calvin@,monroecounty-fl.gov
monroecounty-fl.gov
Hearing impaired: Florida Relay 7-1-1
Data Collection:
Federal Highway Administration (FHWA) regulations require federal -aid recipients to collect
racial, ethnic and other similar demographic data on beneficiaries of or those affected by
transportation programs, services and activities. The County accomplishes this through the use
of census data, American Community Survey reports, and other methods. From time to
time, the County may also find it necessary to request voluntary identification of certain
racial, ethnic or other data from those who participate in its public involvement events. This
information assists the County with improving its targeted outreach and measures of
effectiveness. Self -identification of personal data to the County will always be voluntary and
anonymous. Moreover, the County will not release or otherwise use this data in any manner
inconsistent with the federal regulations.
Assurances:
Every three years, the County will certify to FHWA and the Florida Department of
Transportation (FDOT) that its programs, services and activities are being conducted in a
nondiscriminatory manner. These certifications are termed `assurances.' .The public may
view the current assurance document on the County's website or by visiting the County's offices,
or by contacting the Title VI/Nondiscrimination Coordinator and requesting a copy.
Executed on behalf of Monroe County, Florida:
By: Roman Gastesi, County Administrator
Date: April_, 2016
Page 6 of 6
Tale VVNood&timination Policy, Raolulioa
MONROE COUNTY ATTORNEY
AP COVE AS TO R
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