HomeMy WebLinkAboutContract 1
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I LIV,
CAG-11-029
Non-Discrimination Agreement
Population Under 100,000
Washington State Department of Transportation and
city of Renton
(Name of Recipient)
Policy Statement
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 Action 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 (name of person/title) Rich Perteet, Deputy PW Administrator-Transportation
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.
Mayor Denis Law
ATTEST:— `d Zk aZ*Y'`"`
Bonnie I. Walton, City Clerk
Date
OEO: NDA Forth(ZD10-11-01)
1
Non-Discrimination Agreement;
Population Under 100,000
Title VII Program
Organization and Stang
Pursuant to 23 CFR 200, the Recipient has designated a Title VI Coordinator
who is responsible for Attachment 1, which describes the hierarchy for the
Recipient'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 Recipient hereby gives assurances:
1. That no person shall on the grounds of race, color, national origin, or 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
cant'out in compliance with Tale VI and related statutes include, but are not
limited to:
• List all major Transportation 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 Transportation program, activity, and facility(i.e., lands change to
roadways, park and ride lots, etc.) 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'tfie Washington State Department of Transportation (WSDOT)
under the federally funded program and is binding on it, other recipients,
sub-grantees, 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.
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?r1 o"
Non-Discrimination'Agreern_
Population Under 100,000
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 ensue: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 Regulation,
and this agreement.
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,
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Non-Discrimination Agreement"
Population Under 100,000
3. the detail of federal personnel,
4. the sale and lease of, and the permission to use (on other than a causal 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 far 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 chief executive officer of the
Recipient, which expresses its 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 (WSDOT)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.• Designate a civil rights coordinator who has a responsible position in the
organization and easy access to the head of the Recipient. The civil rights
coordinator shall be responsible for initiating and monitoring Title VI activities
and preparing required reports.
4. . The civil rights coordinator shall adequately 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.
6. Collect statistical data(race, color, national origin, sex) of participants in,
and beneficiaries of the Transportation programs and activities conducted by
the recipient.
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Non-Discrimination Agreem
Population Under 100,000
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. Attend training programs on Title VI and related statues conducted by
WSDOT OEO.
9. Prepare a yearly report of Title VI accomplishments for the last year and
goals for the next year. This report is due one year from the date of
approval of the Non-Discrimination Agreement and then annually on the
same date. This report will include the following:
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 Coordinator and
program area personnel have undertaken in monitoring Title VI. Include
a description of the scope and conclusion of any special reviews
(internal or external) conducted by the Title VI Coordinator. List any
major problem(s)identified and correction action taken. Include a
summary and status report on any Title VI complaints filed with the
Recipient.
Discrimination Complaint Procedure
1. Any person who believes that he or she, individually, as a member of any
speck 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 Coordinator for review
and action.
2. In order to have the complaint consideration under this procedure, the
complainant must file the compliant no later than 180 days after.
a) The date of the alleged act of discrimination; or
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Non-Discrimination Agreement `--
Population Under 100,000
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, inform the complainant of action take or proposed action to
process the allegation, and advise the complainant of other avenues of
redress available, such as WSDOT or 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.
D 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 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
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Non-Discrimination Agreem
Population Under 100,000
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
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:
Eastern Washington:
Washington State Department of Transportation
Office of Equal Opportunity, Title VI Program
2714 North Mayfair Street
Spokane, WA 99207-2090
(509)324-6018
Western Washington:
Washington State Department of Transportation
Office of Equal Opportunity, Title VI Program
P.O. Box 47314
Olympia, WA 98504-7314
(360)705-7089
Federal Highway Administration
Washington Division Office
711 Capitol Way South, Suite 501
Olympia, WA 98501
(360) 534-9325
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Non-Discrimination Agreement
Population Under 100,000
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:
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 been accomplished
by the recipient.
4. Refer the case to the Department of Justice for appropriate legal
proceedings.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
I r" VVIVm4i
11vi-Vki�1"o
N
Sig ature
(-Owt-00Y of U, of 4"i
Title
kiO4� f 2O)
Date
NA OF RECIPIENT:
Mayor Denis Law
ATTEST:
Bonnie I . Walton, City Clerk
Date
OEO: NDA Form(2010-11-01)
Non-Discrimination Agreemi
Population Under 100,000
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 or 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 noted 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.
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Non-Discrimination Agreement
Population Under 100,000
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
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-
contract 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 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 of the Civil Rights Act of 1964(78 Stat.
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Non-Discrimination Agreernei
Population Under 100,000
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 "A.
holly 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.
Appendix 3
The following clauses shall be included in all transportation related
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
OEO: NDA Form(2D10-11-01)
. 11
Non-Discrimination Agreement'
Population Under 100,000
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, of 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, or national origin shall be excluded
from participation in, denied the benefits or, 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 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.
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.
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Attachment 1
RENTON CITIZENS
MAYOR MUNICIPAL COURT JUDGE
CITYCOUNCIL Denis Law Terry Jurado
Terri Briere,President 425-430.6500 425430-6550
Randy Corman,Marcie Palmer,King
Parker,Don Persson,Greg Taylor,
Rich Zwicker
425430-6500
CHIEF ADMINISTRATIVE OFFICER Communlra7Jaycovington
Preeti hridI,
425430-6500
COMMUNITY SERVICES PUBLIC WORKS COMMUNITY AND ECONOMIC EXECUTIVE
DEVELOPMENT Marty Wine,Assistant CAO
Terry Higashiyama,Administrator Gregg Zimmerman,Administrator Ales Pietsch,Administrator
4254 54
30.6600 4230-7394 425430-6500
425430-6580
Facilities Maintenance Services Mayes Office Peter Renner,Director Michael Stenhouse,Director Economic Development
Suzanne Dale Estey,Director
Parks Planning&Natural Transportation Systems City Clerk/Cable Bonnie
Resources Rich Perteet,Deputy PW Development Services Bonnie Wahon,City Clerk
Leslie Betlach,Director Administrator Neil Watts,Director
HearingEroMner
=R, lllpity Systems Planning Fred Kaufman,Hearing
Tim Lys Hornsby,Director Chip V,-ern,Director Examiner
Human SeMCes
Karen Bergsvik,Manager
Renton History Museum
Elizabeth Stewart,Manager
CITY ATTORNEY
tarty Warren,Administrator
Neighborhoods,Resources, 425-255-8678
and Events
Bonnie Rerecich,Manager
Parks&GoN Course
Kelly Beymer,Director
POLICE FIRE AND EMERGENCY SERVICES HUMAN RESOURCES&RISK FINANCE AND INFORMATION
MANAGEMENT TECHNOLOGY
Kevin Miknsevich,Chief Mark Peterson,Chief/Administrator Nancy Carlson,Administrator Iwen Wang,Adminstator
425.430-7503 425430-7051 425-430-7650 425430-6858
Support operations Bureau Human Resources _
Respse on Operat i ons Maria Boggs,Manager Finance
Tim Trozel,Deputy Chief Bill Flora,Deputy Fire Chief Gina Jarvis,Director
Special Operations Risk Management
Safety and Support Services Robin Robertson,Manwger IrdortnatlonTefnnology
Erik WaBgrcn,Deputy Fire Mehdi Sadri,Director
Imestigatksra
ComrnnRy Risk Reduction Benefits
Administrative
Services
Emergency Management
Staff and AuAlary Deborah Needham,Director
Services
Field Operations Bureau
Chuck Marsalisl,Deputy Chief
Patrol Services
Patrol Operations
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