HomeMy WebLinkAboutWA State Dept of Transportation.1eIL
Washington State
Department of Transportation
Lynn Peterson
Secretary of Transportation
July 1, 2014
The Honorable Nancy Backus
Mayor's Office
City of Auburn
25 West Main St.
Auburn, WA 98001
Re: 2013 Title VI Annual Update & Accompl ishment Report Approval
Dear Mayor Backus:
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504 -7300
360 - 705 -7000
TTY, 1-800-833-6388
wvm.wsdotwa.gov
RECEIVED
JUL 0 3 2014
MAYOR'S OFFICE
The Washington State Department of Transportation ( WSDOT) has reviewed and approved the City of
Auburn's Non - Discrimination Agreement Annual Update Report for 2013 The City of Auburn's Non -
Discrimination Agreement Annual Update Report for 2014 will be due May 31, 2015 Please remit your
report to your assigned WSDOT Local Programs Engineer
As a reminder, the Federal Highway Ach unistration requires that a new Non - Discrimination Agreement
(NDA) (signed by the new chief executive officer) must be submitted if the chief executive officer has
changed since the last NDA or update report. I am in receipt of the NDA that was submitted by your
office. I am in need of an updated NDA with your signature on both page 1 & 8. Please remit this
document back to my office by July 17, 2014.
Guidelines for the completion of the NDA and Annual Accomplishment and Update Report are
contained in WSDOT's Highways and Local Programs Local Agency Guidelines Manual (Chapter 28),
as well as WSDOT's NDA approval letter which highlights additional Title VI compliance areas that
require special attention by your agency
The Washington State Department of Transportation is committed to providing any assistance you may
need with your Title VI Program. Please contact me at (360) 705 -7082 or email at
sultonj @wsdot.wa.-,ov for any questions or assistance.
Sincerely
Jont6 M. Sulton
Title VI Coordinator
cc Kevin Snyder, Public Works Director
Dave Mounts, WSDOT Highways & Local Programs Engineer
TITLE VI
NON - DISCRIMINATION AGREEMENT
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 100259 [S.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 Director of Human Resources is responsible for initiating and monitoring Title
VI activities, preparing reports and other responsibilities as required by 23 Code of Federal
Regulation(CFR) 200 and 49 Code of Federal Regulation 21
!a
APLIJA
:Nancy Backus
ayor
Title
MAY 13 2014
Date
Title VI
WSDOT /City of Auburn Non - Discrimination Agreement
Page No 1
Title VI Program
Organization and Staffing
Pursuant to 23 CFR 200, the City of Auburn has appointed a Title VI Specialist who is
responsible for Attachment 1, which describes the hierarchy for The City of Auburn's Title VI
Program, including an organization's chart illustrating the level and placement of Title VI
responsibilities.
Assurances
49 CFR Part 21.7
The City of Auburn, hereby gives assurances
1 That no person shall 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 include
but are not limited to
List all major programs and activities of the recipient and Title VI responsibilities for
each one of them. Include information as Attachment 2 to this Nondiscrimination
Agreement.
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 or persons whose signatures
appear below are 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 Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 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 26 will be afforded full opportunity to submit
Title VI
WSDOT /City of Auburn Non - Discrimination Agreement
Page No 2
bids in response to this invitation and will not be discriminated against on the
grounds of race, color, national origin, orsex 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 entered 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.
Title VI
WSDOTlCity of Auburn Non - Discrimination Agreement
Page No 3
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 than a casual or transient basis),
Federal property or any interest in such property without consideration or 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 recipient's 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 (USDOT) within a reasonable time period, not to 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 VVSDOT's Office of Equal Opportunity (OEO) within 10
days of the date the complaint was received by the recipient
6 Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries
of the programs and activities conducted by the recipient.
Title VI
WSDOT /City of Auburn Non - Discrimination Agreement
Page No 4
7 Conduct 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.
Title VI
WSDOT /City of Auburn Non - Discrimination Agreement
Page No 6
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 of 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 than 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 his /her 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, an 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.
b) Name(s) and address(es) of alleged discriminating official(s)
c) Basis of complaint (i.e , race, color, national origin or sex)
d) Date of alleged discriminatory act(s)
e) Date of complaint received by the recipient.
f) A statement of the complaint.
g) Other agencies (state, local or Federal) where the complaint has been filed
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
Title VI
WSDOT /City of Auburn Non - Discrimination Agreement
Page No 6
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 his /her appeal rights with
WSDOT, or USDOT, 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 areas 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
Title VI
WSDOT /City of Auburn Non - Discrimination Agreement
Page No. 7
Sanctions
In the event the recipient fails or refuses to comply with the terms of this agreement, the
WSDOT may take any or all of the following actions:
a) Cancel, terminate, or suspend this agreement in whole or in part;
b) 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.
c) Take such other action that may be deemed appropriate under the circumstances, until
compliance or remedial action has been accomplished by the recipient.
d) Refer the case to the Department of Justice for appropriate legal proceedings.
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION:
External Civil Rights Branch Manager
Title
Date
NAME OF RECIPIENT:
Sig ature
Mayor
7 3 Iq
Date
Title VI
WSDOT /City of Auburn Non - Discrimination Agreement
Page No 8
Appendix 1
During the performance 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 with the Regulations relative to non - discrimination in federally
assisted programs of United States Department of Transportation ( USDOT), 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 equipment.
The contractor shall not participate either directly or indirectly in the discrimination
prohibited by Section 21 5 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix B 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. Information and Reports
The contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined 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 information, the
contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Non - compliance
In the event of the contractor's non - compliance with the non - discrimination provisions of this
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, termination, or suspension of the contract, in whole or in part
6, Incorporation of Provisions
The contractor shall include the provisions of paragraphs (1) 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.
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 frorn 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 an 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 of the Civil Rights Act of 1064 (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 for 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 becorne the absolute property of the
Department of Transportation and its assigns as such interest existed prior to this
instruction.'
1 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
#702=r .
The following clauses shall be included in all deeds, licenses, leases, permits, or similar
instruments entered into by (Recipient) 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, 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, 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, permits, 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 (1) no person, on the grounds of race, color,
sex, or national origin, shall be excluded from 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 of race, 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 terminate the ease, 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
Attachment 1
City of Auburn Departmental Responsibilities as it relates to these compliance
requirements:
Head of the Recipient - Mayor
Civil Rights Unit of the City — Human Resources Department
Title VI Coordinator — Human Resources Director
Title VI Specialist — Compensation and Employee Relations Manager
Attachment 2
Major programs and activities of the recipient:
CP1225 West Valley Highway Preservation - 15th NW to 37th NW
CP1120 Lea Hill Safe Routes to Schools
CP1222 Citywide Traffic Signal Improvements
CP1104 104TH Street & 8th Street NE Intersection Improvements
CP1118 Auburn Way South Pedestrian Improvements - Dogwood to Fir Street
CP1304 37th St & B St NW BNSF Pre - signal
C222A S 277th St Corridor Capacity & Non - motorized Trail Improvement project
CP1218 Auburn Way South & Riverwalk Intersection Improvements