HomeMy WebLinkAboutWSDOT/City of Auburn Policy Statement
Washington State Department of Transportation
and City of Auburn Policy Statement
The City of Auburn, Washington, hereinafter referred to as the "Recipient" assures that no person shall on the
grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil
Rights restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity. The Recipient further assures every effort
will be made to ensure non-discrimination in all of its programs and activities, whether those programs and
activities are federally funded or not.
The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by expanding the definition
of terms "programs or activities" to include all programs or activities of Federal Aid recipients, sub-recipients,
and contractors/consultants, whether such programs and activities are federally assisted or not (Public Law
100.259 [8.557] March 22, 1988.)
In the event the Recipient distributes federal aid funds to a sub-recipient, the Recipient will include Title VI
language in all written agreements and will monitor for compliance.
The Recipient's (~~f:?8~~f:R'),i~responsible for initiating and monitoring Title VI activities, preparing reports
and other responsibilities as required by 23 Code ral Regul . n 200 and 49 Code of Federal
Regulation 21.
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WSDOT/City of Auburn Non-Discrimination Agreement
January 26, 2006
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Non-Discrimination Agreement
Title VI Program
Organization and Staffing
Pursuant to 23 CFR 200, the City of Auburn has appointed a Title VI Coordinator, Brenda Heineman, Director of Human
Resources who reports directly to the head of the Recipient.
Assurances
49 CFR Part 21.7
The City of Auburn, hereby gives assurances:
1. That no person on the grounds of race, color, national origin, and sex, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the recipient
regardless of whether those programs and activities are Federally funded or not. Activities and programs which the
recipient hereby agrees to carry out in compliance with Title VI and related statutes.
2. That it will promptly take any measures necessary to effectuate this agreement.
3. That each program, activity, and facility as defined at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of
1987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance
with the nondiscriminatory requirements imposed by, or pursuant to, this agreement.
4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans,
contracts, property, discounts or other Federal financial assistance extended after the date hereof to the recipient by the
Washington State Department of Transportation (WSDOT) under the Federally-Funded Program and is binding on it,
other recipients, subgrantees, contractors, sub-contractors, transferees, successors in interest and other participants.
The person whose signature appears below is authorized to sign these assurances on behalf of the Recipient.
5. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the
Regulations and made in connection with all Federally-Funded programs and, in adapted form all proposals for
negotiated agreements
The City of Auburn, in accordance with Title VI of the Civil Rights Act of 1964,79 Stat. 252, 42 U.S.C. 2000d to 2000d-4
and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act,
hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in
consideration for an award.
6. That the Recipient shall insert the clauses of Appendix 1 of this Agreement in every contract subject to the Act and the
Regulations.
7. That the Recipient shall insert the clauses of Appendix 2 of this Agreement, as a covenant running with the land, in any
deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest
therein.
8. that the Recipient shall include the appropriate clauses set forth in Appendix 3 of this Agreement, as a covenant running
with the land, in any future deeds, leases, permits, licenses, and similar agreements enter4ed into by the Recipient with
other parties: (a) for the subsequent transfer of real property acquired or improved under a Federal Aid Program; and (b)
for the construction or use of or access to space on, over or under real property acquired, or improved under a Federal
Aid Program.
9. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising
under the Act, the Regulations, and this Agreement.
WSDOT/City of Auburn Non-Discrimination Agreement
January 26, 2006
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Implementation Procedures
This agreement shall serve as the recipient's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this
agreement, "Federal Assistance" shall include:
1. grants and loans of Federal funds,
2. the grant or donation of Federal property and interest in property,
3. the detail of Federal personnel,
4. the sale and lease of, and the permission to use (on other that a casual or transient basis), Federal property or any
interest in such property without consideration of at a nominal consideration, or at a consideration which is reduced for
the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the
recipient, and
5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance.
The recipient shall:
1. Issue a policy statement, signed by the head of the recipient, which expresses it's commitment to the nondiscrimination
provisions of Title VI. The policy statement shall be circulated throughout the recipients organization and to the general
public. Such information shall be published where appropriate in languages other than English.
2. Take affirmative action to correct any deficiencies found by WSDOT or the United States Department of Transportation
(US DOT) within a reasonable time perios, not ot exceed 90 days, in order to implement Title VI compliance in
accordance with this agreement. The head of the recipient shall be held responsible for implementing Title VI
requirements.
3. Establish a civil rights unit and designate a coordinator who has a responsible position in the organization and easy
access to the head of the recipient. This unit shall contain a Title VI Specialist, who shall be responsible for initiating
and monitoring Title VI activities and preparing required reports.
4. Adequately staff the civil rights unit to effectively implement the civil rights requirements.
5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be
conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race,
color, national origin or sex, the nature of the complaint, the date the complaint was filed, the date the investigation was
completed, the disposition, the date of the disposition, and other pertinent information. A copy of the complaint, together
with a copy of the recipient's report of investigation, will be forwarded to WSDOT's Office of Equal Opportunity (OEO)
within 10 days of the date the complaint was recived by the recipient.
6. Collect statistical data (race, color, national origin, sex) on a voluntary basis of participants in, and beneficiaries of the
programs and activities conducted by the recipient.
7. Conduct periodic Title VI reviews of the recipient and sub-recipient contractor/consultant program areas and activities.
Revise where applicable, policies, procedures and directives to include Title VI requirements.
8. Conduct training programs on Title VI and related statutes.
9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year.
a. Annual Work Plan
Outline Title VI monitoring and review activities planned for the coming year; state by which each activity will be
accomplished and target date for completion.
b. Accomplishment Report
List major accomplishments made regarding Title VI activities. Include instances where Title VI issues were
identified and discrimination was prevented. Indicate activities and efforts the Title VI Specialist and program
area personnel have undertaken in monitoring Title VI. Include a description of the scope and conclusions of
any special reviews (internal or external) conducted by the Title VI Specialist. List any major problem(s)
identified and corrective action taken. Include a summary and status report on any Title VI complaints filed with
the recipient.
WSDOT/City of Auburn Non-Discrimination Agreement
January 26, 2006
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Discrimination Complaint Procedure
1. Any person who believes that he or she, individually, as a member of any specific class, or in connection with any
disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of
1964, the American with Disabilities Act of 1990, Section 504 fo the Vocational Rehabilitation Act of 1973 and the Civil
Rights Restoration Act of 1987, as amended, may file a complaint with the recipient. A complaint may also be filed by a
representative on behalf of such a person. All complaints will be referred to the recipient's Title VI Specialist for review
and action.
2. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later then
180 days after:
a. The date of alleged act of discrimination; or
b. Where there has been a continuing course of conduct, the date on which that conduct was discontinued.
In either case, the recipient or hislher designee may extend the time for filing or waive the time limit in the interest of
justice, specifying in writing the reason for so doing.
3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative.
Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In
the event that a person makes a verbal complaint of discrimination to an officer or employee of the recipient, the person
shall be interviewed by the Title VI Specialist. If necessary, the Title VI Specialist will assist the person in reducing the
complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then
be handled according to the recipient's investigative procedures.
4. Within 10 days, the Title VI Specialist will acknowledge receipt of the allegation, inform the complainant of action taken
or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as
WSDOT and USDOT.
5. The recipient will advise WSDOT within 10 days of receipt of the allegations. Generally, the following information will be
included in every notification to WSDOT:
a.
Name, address, and phone number of the complainant.
Name(s) and address(es) of alleged discriminating official(s).
Basis of complaint (Le., race, color, national origin or sex)
Date of alleged discriminatory act(s).
Date of complaint received by the recipient.
A statement of the complaint.
Other agencies (state, local or Federal) where the complaint has been filed.
b.
c.
d.
e.
f.
g.
h. An explanation of the actions the recipient has taken or proposed to resolve the issue raised in the complaint.
6. Within 60 days, the Title VI Specialist will conduct an investigation of the allegation and based on the information
obtained, will render a recommendation for action in a report of findings to the head of the recipient. The complaint
should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized
in the report of findings.
7. Within 90 days of receipt of the complaint, the head of the recipient will notify the complainant in writing of the final
decision reached, including the proposed disposition of the matter. The notification will advise the complainant of
hislher appeal rights with WSDOT, or US DOT, if they are dissatisfied with the final decision rendered by the Recipient.
The Title VI Specialist will also provide WSDOT with a copy of this decision and summary of findings upon completion of
the investigation.
8. Contacts for the different Title VI administrative jurisdictions are as follows:
Washington State Department of Transportation
Office of Equal Opportunity, Title VI Program
PO Box 47314
Olympia, WA 98466
(360) 705-7098
Federal Highway Administration
Washington Division Office
711 Capitol Way south, Suite 501
Olympia, WA 98501
(360) 534-9325
WSDOT/City of Auburn Non-Discrimination Agreement
January 26, 2006
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Sanctions
In the event the recipient fails or refuses to comply with the terms of this agreement, the WSDOT may takl3 any or all of the
following actions:
1. Cancel, terminate, or suspend this agreement in whole or in part:
2. Refrain from extending any further assistance to the recipient under the program from which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the recipient.
3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action
has bee accomplished by the recipient.
4. Refer the case to the Department of Justice for appropriate legal proceedings.
WASHINGTON STATE
~.. RTMENT OF ~AN~PpRTATION;
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Signature
Director of the Office of Eaual Opportunity
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WSDOT/City of Auburn Non-Discrimination Agreement
January 26, 2006
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Appendix 1
During the perfonnance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred
to as the "contractor") agrees as follows:
1. Compliance with Regulations
The contractor shall comply wit~ the Regulations relative to non-discrimination in federally assisted programs of United States
Department of Transportation (US DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination
The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or
national origin in the selection and retention of sub-contractors, including procurement of materials and leases of e:quipment. The
contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 2 1.5 ofthe Regulations,
including employment practices when the contract covers a program set forth in Appendix 8 of the Regulations.
3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract,
including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor
of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex,
or national origin.
4. Infonnation and Reports
The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall
pennit access to its books, records, accounts, other sources of infonnation, and its facilities as may be detennined by the contracting
agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where
any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this infonnation, the
contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the
infonnation.
5. Sanctions for Non-compliance
In the event of the contractor's non-compliance with the non-discrimination provisions ofthis contract, the contracting agency shall
impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to:
. Withholding of payments to the contractor under the contract until the contractor complies, and/or;
. Cancellation, tennination, or suspension of the contract, in whole or in part
6. Incorporation of Provisions
The contractor shall include the provisions of paragraphs (I) through (5) in every sub-contract, including procurement of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with
respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions
including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a sub-contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to
protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the
interests of the United States.
WSDOT/City of Auburn Non-Discrimination Agreement
January 26, 2006
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Appendix 2
The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or
improvements thereon, or interest therein from the United States.
GRANTING CLAUSE
NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Washington will
accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the
Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States
Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, the Department of Transportation WSDOT (hereinafter
referred to as the Regulations) pertaining to and effectuating the provisions of Title VI ofthe Civil Rights Act of 1964 (78 Stat. 252:
42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and convey unto the state of Washington all the right, title, and
interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the state of Washington, and its successors forever, subject, however, to
the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during
which the real property or structures are used for a purpose for which the federal financial assistance is extended or t1Jr another purpose
involving the provisions of similar services or benefits and shall be binding on the state of Washington, its successors, and assigns. The
state of Washington, 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 shall on the grounds of race, color, sex 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 the state of Washington, shall use the lands and
interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and
(3) that in the event of breach of any of the above mentioned non-discrimination conditions, the department shall have a right to reenter
said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the
absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.
WSDOT/City of Auburn Non-Discrimination Agreement
January 26, 2006
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Appendix 3
The following clauses shall be included in all deeds, licenses, leases, penn its, or similar instruments entered into by City of Auburn
pursuant to the provisions of Assurance 8.
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this lease, for a purpose of which a Department of Transportation
program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain
and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Cod~: of Federal
Regulations, Department of Transportation, Subtitle A, Office ofthe Secretary, part 21, Non-discrimination in federa,lIy assisted
programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be
amended.
That in the event of breach of any of the above non-discrimination covenants, the STATE shall have the right to terminate the lease, and
to reenter and repossess said land and the facilities thereon, and hold the same as if said lease has never been made or issued.
The following shall be included in all deeds, licenses, leases, pennits, or similar agreements entered into by the Washington State
Department of Transportation pursuant to the provisions of Assurance 8.
The LESSEE, or himself or herself, his or her personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree as a covenant running with the land that (I) no person, on the grounds of race, color, sex, or
national origin, shall be excluded frorn participation in, be 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 furnishing of services thereon, no person
on the grounds ofrace, color, sex, and national origin shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, part 21, Non-discrimination in federally assisted programs of the Department of Transportation _
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above non-discrimination covenants, the STATE shall have the right to tenninate the lease, and
to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued.
I Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the
purpose of Title VI of the Civil Rights Act of 1964.
WSDOT/City of Auburn Non-Discrimination Agreement
January 26, 2006
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