HomeMy WebLinkAbout5.754 Original ContractWi Washington State
Department of Transportation
Paula J. Hammond, P.E.
Secretary of Transportation
December 21, 2009
James M. Mahlum, Civil Engineer
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362 -0217
Re: City of Port Angeles Title VI Non Discrimination Agreement (NDA) Approval
Dear Mr. Mahlum:
The review of the City of Port Angeles' Title VI Non Discrimination Agreement (NDA)
submitted to Washington State Department of Transportation (WSDOT) on September 21, 2009,
has been completed. WSDOT has approved the City of Port Angeles' NDA for 2009.
Now that your NDA has been approved, pursuant to the Local Agency Guidelines (LAG)
Manual, Chapter 28.3, the City of Port Angeles' Annual Update and Accomplishment Report for
January 1. 2010. to December 31. 2010. is due to WSDOT by January 31, 2011.
A sample of this report is enclosed with this letter and an electronic version is accessible at
http: /www.wsdot.wa. aov/ EaualOpoortunity /PoliciesReas /titlevi.htm.
Eileen Oliver has recently been designated as WSDOT's Title VI Coordinator for Western
Washington. Eileen will be happy to answer any questions or concerns and provide any needed
assistance. She can be reached at 360 705 -7089 or at olivere@wsdot.wa.aov.
WSDOT is committed to providing any assistance the City of Port Angeles may need with its
Title VI Program implementation process.
Sincerely,
Brenda R. Nnambi
Director, Office of Equal Opportunity
(---C Eileen Oliver
Title VI Coordinator Western Washington
Enclosure: Annual Update and Accomplishment Report Template
cc: David Mounts, WSDOT Highways and Local Programs
George Laue, Title VI Coordinator Eastern Washington
Transportation Building
310 Maple Park Avenue S E
P O Box 47300
Olympia, WA 98504 -7300
360 705 -7000
TTY. 1- 800 833 -6388
www wsdot wa gov
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ANNUAL UPDATE AND ACCOMPLISHMENT REPORT
For agencies under 100,000
(Name of Recipient)
(Report Submission Date)
(Reporting Penod)
Reference: WSDOT's Local Aaencv Guidelines Manual. Chapter 28
1. Report any changes in the organizational structure since the last reporting period
(Example. New Title VI Coordinator, new planning or public works directors, etc).
Report should identify the changes in the racial /gender composition of those persons
involved in the transportation decision making, including planning and advisory staff.
If no changes have been made, please indicate that accordingly.
2 Using the most current data available (through Census or Washington State Office of Financial
Management), describe the demographics within your jurisdiction.
a. Describe any required Title VI activities and /or studies conducted that provided data relative
to minority persons, neighborhoods, income levels, physical environment, and travel habits.
b How was the information utilized or Title VI provisions and needs applied in each study or
activity?
OEO Annual Report Form (revised December 2009)
Annual Update and Accomplishment Report
Population Under 100,000
3. List any Public outreach activities during the reporting period such as, public announcements
and /or communications for meetings, hearings, project notices Include the following
a. How were special language needs assessed? List the special language needs
assessments conducted
b. What outreach efforts did you utilize to ensure that minority, women, low- income, and LEP
population groups were provided equal opportunity to participate in those outreach activities
(Examples: provided matenals in other languages, met with local social services agencies,
advertised in a minority publication)
c List the special language services provided note the professional language service
provided including the name of the service, date provided, number of persons served, and
any other relevant information.
d List any costs incurred for translations and interpreters for each activity.
4. List all the transportation related contracts (Federal and others) that were executed during the
reporting period. (Please include construction, consultant agreements for planning, design,
engineering, environmental, research, maintenance, etc.)
Include dollar value of each
Other than advertising in your local legal publication, what outreach was made to DMWBE
firms that a contracting opportunity existed within your agency?
Identify the DMWBE contracts that were awarded and their dollar amount
Is there a Title VI Non Discrimination statement included in all contracts and public notices?
How did your organization ensure that minority, women, and disadvantaged firms were
provided equal opportunity to participate in the contracting arena?
OEO Annual Report Form (12/09)
Annual Update and Accomplishment Report
Population Under 100,000
5 Summarize any transportation projects that identify potential impacts to minority and /or low
income Environmental Justice (EJ) populations (i e., impacts such as displacements, increased
noise, bisecting neighborhoods, et al) Note the following.
How impacts were minimized /mitigated.
Also include a statement, if applicable, on projects that specifically benefit community
cohesion such as: adding sidewalks, improving access to properties that improve access for
EJ populations.
6. If Right of Way has been acquired for a transportation project, please describe:
Identify the number of minority, low- income, elderly and disabled persons affected.
The efforts that were made to address Limited English Proficiency issues (including use and
cost of translators, outreach efforts for each reported activity).
Describe any concerns raised by minorities and women regarding appraisals, negotiations,
relocation assistance, and payments. What actions were taken to resolve those issues?
OEO Annual Report Form (12/09)
Annual Update and Accomplishment Report
Population Under 100,000
7 List and describe any Title VI related complaints, as a result of transportation activities and
projects. Include:
What was the allegation or concern?
Procedures used
Action taken
Resolution
OEO Annual Report Form (12/09)
September 21, 2009
Mr. George M. Laue, Title VI Coordinator
WSDOT Eastern Region
2714 N. Mayfair Street
Spokane, WA 99207 -2050
RE: Title VI Policy and Plan (REVISED)
Dear Mr. Laue:
Public Works Utilities Department
As per our phone conversation, enclosed is two updated Title VI Policy and Plan for your
review and processing. This is necessitated because of the change in CEO for the City of
Port Angeles.
The City of Port Angeles would like to have an overview type seminar for our designated
coordinator and additional training for me as the designated specialist.
If you have any questions please feel free to contact me at, (360) 417 -4701 or email at:
iiiahlun(i.cityo fa. us.
Sincerely,
mes M. Mahlum
vil Engineer
Enclosures: Policy Statement
Title VI Program City of Port Angeles
CC: Brian Moorehead
Phone 360- 417 -4800 Fax. 360- 417 -4542
Website www cityofpa us Email publicworks @cityofpa.us
321 East Fifth Street P 0 Box 1150 Port Angeles, WA 98362 -0217
Washington State Department of Transportation
and
City of Port Angeles
Policy Statement
The City of Port Angeles, Washington Department of Public Works and Utilities, 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 the Department of Public Works and Utilities, 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.
Name of Responsible Agen
Title City Manager
9 41/05 t
Date I 1
fficial- Kent Myers
Title VI Program
Organization and Staffing
Pursuant to 23 CFR 200, City of Port Angeles Department of Public Works and Utilities has appointed
a Title VI Coordinator who is responsible for Attachment 1, which describes the hierarchy for City of
Port Angeles Department of Public Work'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 Port Angeles Department of Public Works and Utilities, 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
Title VI
Non Discrimination Agreement
Page No. 1
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 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
Non Discrimination Agreement
Page No. 2
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 WSDOT's Office
of Equal Opportunity (OEO) within 10 days of the date the complaint was received by the recipient.
Title V1
Non Discrimination Agreement
Page No. 3
6. Collect statistical data (race, color, national ongin, sex) of participants in, and beneficiaries of the
programs and activities conducted by the recipient.
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
Non Discrimination Agreement
Page No, 4
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 Amencan 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
Coordinator 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 Coordinator. If necessary, the Title VI Coordinator 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 Coordinator will acknowledge receipt of the allegation, infonn 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.
b) Name(s) and address(es) of alleged discriminating official(s).
c) Basis of complaint (i.e., race, color, national ongin or sex)
d) Date of alleged discnminatory act(s).
e) Date of complaint received by the recipient.
f) A statement of the complaint.
Title V1
Non Discrimination Agreement
Page No. 5
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 Coordinator 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
wnting of the final decision reached, including the proposed disposition of the matter. The
notification will advise the complainant of his /her appeal nghts with WSDOT, or USDOT, if they
are dissatisfied with the final decision rendered by the Recipient. The Title VI Coordinator 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
Title VI
Non Discrimination Agreement
Page No. 6
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:
Signature
External Civil Rights Branch Manager
Title
Date
NAME OF RECIPIENT:
Signature
Kent Myers, Ci Manager
Title
,l /0 7
Date 1 i
Title VI
Non Discrimination Agreement
Page No. 7
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
appropnate, 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 WSDOT 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 from the United States.
GRANTING CLAUSE
NOW THEREFORE, Department of Transportation, as authonzed 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 un 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. 1
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.
Appendix 3
The following clauses shall be included in all deeds, licenses, leases, permits, or similar
instruments entered into by City of Port Angeles Department of Public Works and Utilities
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
Organization
The City Manager of the City of Port Angeles, is responsible for ensuring the implementation of
the Title VI programs. The Title VI Coordinator, on behalf of the City Manager is responsible
for the overall management and day -to -day administration of the Title VI programs.
Glenn A. Cutler
Director of Public Works Utilities
Title VI Coordinator
James Mahlum
Title VI Specialist
Title VI Coordinator Responsibilities
The Title VI Coordinator is charged with the responsibility for implementing, monitoring, and
ensuring the Public Works Utilities Department of the City of Port Angeles is in compliance
with Title VI regulations. Title VI responsibilities are as follows:
1. Process the disposition of Title VI complaints received by the Public Works Utilities
Department of the City of Port Angeles;
2. Review Environmental Impact Statement prepared by the Public Works Utilities
Department of the City of Port Angeles for Title VI and Environmental Justice
compliance.
3. Conduct annual Title VI reviews of special emphasis program areas (planning, education
training, environmental affairs, and consultant contracts) to determine the effectiveness of
program activities at all levels.
4. Conduct Title VI reviews of all consultant contractors and recipients of federal funds
distributed by the Public Works Utilities Department of the City of Port Angeles
(hereinafter, "recipients of federal funds directly distributed by will be referred to as "sub
recipients
5. Identify, investigate, and eliminate discrimination when found to exist.
6. Establish procedures for promptly resolving deficiency status and reducing to wnting the
remedial action agreed to be necessary, all within a period not to exceed 90 days.
PW_101 01 [Revised 07/20/04]
7. Collect statistical data (race, color, sex, and national origin) of participants in, and
beneficiaries of, federally funded programs.
8. Review the Public Works Utilities Department of the City of Port Angeles work
program for special emphasis program areas and, where applicable, include Title VI
language and related requirements.
9. Assist WSDOT in the distribution of information on training programs regarding Title VI
related statutes.
10. Prepare the annual Title VI update report presenting the accomplishments for the past
year and goals for the following year.
11. Develop Title VI information for dissemination to the general public and, where
applicable provide versions in languages other than English.
Title VI Specialist Responsibilities
Ensure Title VI compliance, program monitoring, reporting, and education within the areas of
Planning Coordination and Consultant Contracts Coordination.
Planning Coordination
Public Works Utilities Engineering Responsibilities
1. Transportation Planning:
The Public Works Utilities Engineering Services has the responsibility to develop
long- and short-range plans to provide efficient transportation services to the City of Port
Angeles.
2. Operation Guidelines
Department of Public Works Utilities Policies and Procedures manual
3. Planning Process:
A transportation planning process is a part of the Capital Facilities Plan and incorporates
input from the public. The process further entails the monitoring and collection of varied
data pertaining to transportation issues. Department of Public Works Utilities
Engineering Services coordinates with WSDOT; seeks public involvement; and provides
technical support when needed.
4. Ensure that all aspects of the planning process operation comply with Title VI.
5. Ensure that participation of a cross section of various social, economic, and ethnic
interest groups are represented in the planning process by disseminating program
information to minority media and ethnic /gender related organizations and participating
in roundtable meetings in predominately minority communities.
6. Gather and organize the planning portion of the Annual Title VI Update Report.
7. Review the planning work program and other directives to ensure compliance with Title
VI program requirements.
8. Ensure equal participation of any Citizens Advisory Committees (CAC) by reviewing
information pertaining to their selection criteria for CAC members and obtaining
information on membership makeup (race, gender, and position within the organization)
for evaluation.
Consultant Contract Coordination
Public Works Utilities En2ineerine and Services Responsibilities
1. Consultant Services:
The Public Works Utilities Engineering and Services is responsible for consultant
selection, negotiation, and the administration of the consultant contracts.
2. Operational Guidelines
3. Consultant Selection Process:
The Public Works Utilities Engineering and Services operates
under its internal contract procedures and all relevant federal and state laws.
Title VI Specialist Responsibilities
1. Ensure that all federally funded consultant contracts administered by the Public Works
Utilities Engineering Services have the appropriate Title VI provisions included.
2. Review directives and procedures to ensure Title VI compliance.
3. Maintain necessary data and documentation required for completion of the agency's Title
VI Update Annual Report.
PW_I01 01 [Revised 07/20/04]
"~~<'l'
5.7:;s<l
Non-Discrimination Agreement
Population Under 100,000
The City of Port Angeles, 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 City of Port Angeles Public Work & Utilities Department is responsible for initiating and
monitoring Title VI activities, preparing reports and other responsibilities as required by 23 Code
of Federal Regulations (CFR) 200 and 49 Code of Federal Regulation 21.
1!1:~ ~. '1rfJ~-
Mar E. Madsen
Title: City Manager
Date: November ~, 2005
G \Legal_Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\WSDOT Non-Dlscrunmatlon Agmt 111005 wpd
Routing & Request
Please ..
o R~ad
o Handle
o Approve
And. .
o Forward
i 0 Return
II 0 Keep or Recycle
o Review with Me
From: Bill Bloor e
Date: Il / 'r(JS