Loading...
HomeMy WebLinkAboutRES4368 CITY OF RENTON, WASHINGTON RESOLUTION NO. 4368 A RESOLUTION OF THE CITY OF RENTON,WASHINGTON,ADOPTING THE CITY OF RENTON TITLE VI PLAN. WHEREAS, the federal government enacted Title VI of the 1964 Civil Rights Act which provided that no person in the United States 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 receiving Federal financial assistance; and WHEREAS, 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, whether such programs and activities are federally assisted or not; and WHEREAS, Limited English Proficiency— Executive Order 13166 clarified that individuals with Limited English Proficiency are protected under the Title VI nondiscrimination provisions related to national origin, and requires Federal Aid recipients, sub-recipients and contractors to take reasonable steps to provide meaningful access to programs, services and entities. These reasonable steps may include providing information, services and materials in languages other than English; and WHEREAS, Environmental Justice — Executive Order 12898 clarified that Title VI requires Federal aid recipients, sub-recipients and contractors to conduct an equity assessment to ensure full and fair participation of minority and low-income communities and avoid disproportionately high or adverse human and environmental impacts from transportation projects; and 1 RESOLUTION NO. 4368 WHEREAS, the City created its Title VI Plan in coordination with the Washington State Department of Transportation in its capacity of administrating the distribution of Federal Highway Administration funds. The City's Title VI Plan is intended to apply primarily to programs funded by such funds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council adopts by reference the City of Renton Title VI Plan, City of Renton Federally Funded Transportation Program, attached as Exhibit A and incorporated herein. PASSED BY THE CITY COUNCIL this 11th day of February, 2019. Jason Seth, Cit Jerk APPROVED BY THE MAYOR this 11th day of February, 201 Denis Law, Mayor �4 yy-q "y*y \11111f 11f/, /�i Approved as to form: ^ - * SEAL _ 110.741 4olone1ityttorZ ' 40 fED sO ',,"' RES.1800:1/11/19:scr 2 RESOLUTION NO. 4368 (66 + " City of Renton TITLE VI PLAN City of Renton Federally Funded Transportation Program 1 City of Renton Title VI Plan Table of Contents I. Policy Statement, Authorities and Citations 3 II. Organization, Staffing and Structure 4 III. Title VI Plan Implementation and Program Administration 5 IV. NHI Education and Title VI Training 7 V. Complaint Procedures—Allegations of Discrimination in Federally Assisted Programs or Activities 8 VI. Sub-Recipient Review and Remedial Action Procedures 10 A. Title VI Review of Sub-recipients of Federal-Aid Highway Funds 10 B. Post-Grant Reviews. 11 C. Remedial Action. 11 VII. Title VI Implementation Activities in Special Emphasis Program Areas 11 A. Planning &Location Activities 11 B. Consultant Contracts Activities 12 C. Design&Engineering/Environmental Activities 13 D. Right-of-way Activities 14 E. Construction Activities 15 2 City of Renton Title VI Plan ExhibitAI.PolicyStatement,AuthoritiesandCitationsA.PolicyofNondiscriminationTheCityofRentonassuresthatnopersonshallonthegroundsofrace,color,nationalorigin, orsexasprovidedbyTitleVIoftheCivilRightsActof1964,andtheCivilRightsRestorationActof1987(P.L. 100.259)beexcludedfromparticipationin,bedeniedthebenefitsof,orbeotherwise subjectedtodiscriminationunderany Citysponsoredprogramoractivity.TheCityofRentonfurtherassureseveryeffortwillbemadetoensurenondiscriminationinallofitsprogramsandactivities,whetherthoseprogramsandactivitiesarefederally fundedornot.IntheeventtheCityofRentondistributesFederalaidfundstoanotherentity,theCitywillincludeTitleVIlanguageinallwritten agreementsandwillmonitorforcompliance.TitleVIcomplianceisaconditionofreceiptforFederalfunds.Assuranceofcompliance,therefore,fallsundertheproperauthorityoftheMayorpursuanttoitsbudgetaryauthorityandresponsibility.TheMayor,PublicWorksAdministratorandTitleVICoordinatorareauthorizedtoensurecompliancewithprovisionsofthis policy andwiththelaw,includingtherequirementsof23CodeofFederalRegulation(CFR)200 and 49CFR21.MayorDateLDate2/7/2021TsportationDictor&TransportationTitleVICoordinatorDateB.AuthoritiesTitleVIofthe1964CivilRightsActprovidesthatnopersoninthe UnitedStatesshallonthegroundsofrace,color,national origin,orsexbeexcludedfromparticipationin,bedeniedthebenefitsof,orbeotherwise subjectedtodiscriminationunderanyprogramoractivityreceivingFederal financialassistance.TheCivilRightsRestorationActof1987broadenedthescopeofTitleVIcoveragebyexpandingthedefinitionofterms “programsoractivities”toincludeallprogramsoractivitiesofFederalAidrecipients, sub-recipients,andcontractors,whethersuchprogramsandactivitiesareFederally assistedornot(PublicLaw100-259[S.557]March22,1988).CityofRentonTitleVIPlan2/8/2021 Limited English Proficiency—Executive Order 13166 clarifies that individuals with Limited English Proficiency(LEP) are protected under the title VI nondiscrimination provisions related to national origin, and requires Federal Aid recipients, sub-recipients and contractors to take reasonable steps to provide meaningful access to programs, services and entities. These reasonable steps may include providing information, services and materials in languages other than English. Environmental Justice—Executive Order 12898 clarifies that Title VI requires Federal aid recipients, sub-recipients and contractors to conduct an equity assessment to ensure full and fair participation of minority and low-income communities and avoid disproportionately high or adverse human and environmental impacts from transportation projects. This Plan is created in coordination with the Washington State Transportation in its capacity of administrating the distribution of Federal Highway Administration dollars. The Policy is intended to apply primarily to programs funded by such dollars. Other departments, sections, and divisions of the City of Renton that receive non-highway federal funding may be bound to and/or follow different policies and procedures in order to comply with the above authorities and applicable requirements of the agencies responsible for distributing such federal funding. C. Additional Citations Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4; 42 USC 4601 to 4655; 23 USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3 ii. Organization, Staffing and Structure A. Organizational Chart (See Appendix 4) B. Staffing and Structure City Administrator The Mayor is authorized to ensure compliance with provisions of the City's policy of non- discrimination and with the law, including the requirements of 23 CFR Part 200 and 49 CFR Part 21. The City's grants compliance function and Title VI coordination shall be performed under the authority of the Mayor. Title VI Coordinator The City of Renton has designated the position of Transportation Director to perform the duties of the Transportation Title VI Coordinator and ensure implementation of the City's Title VI Federally Funded Transportation Program. The Transportation Director has other duties and responsibilities in addition to Title VI. Although the Transportation Director is directly supervised by the Public Works Administrator, this position shall have an indirect reporting relationship and access to the Mayor. 4 City of Renton Title VI Plan Title VI Specialists Additionally, the Transportation Division has designated Title VI Specialists (Specialists) in Transportation Division's emphasis areas. The Specialists, designated below, shall work in concert with the Title VI Coordinator. These areas are subject to receiving Federal assistance through grants or other types of transportation related funding. The Specialists will work with the Coordinator to ensure their respective sections comply with Title VI regulations and assurances, meet the objectives of the Title VI Plan, meet Federal and state reporting requirements, and provide adequate training opportunities for applicable staff. Title VI Specialists will work with the Coordinator to ascertain Title VI compliance by contractors, subcontractors, consultants, suppliers and other sub-recipients under Transportation's Federally funded projects or programs. Specialists will ensure applicable Title VI provisions and requirements are included in contractual agreements to prime contractors and sub-recipients. Specialists will work with the Coordinator to obtain statistical data on race, color,national origin, handicap/disability, and sex of participants in, and beneficiaries of Federally funded City of Renton transportation programs. Each of the Specialists will maintain data relative to their respective special emphasis area, designated below. The Coordinator shall use the data to complete annual Title VI reports and for other administrative needs. Title VI Specialists-Emphasis Area and Job Title Transportation Design Design Manager Transportation Operations Operations Manager Transportation Planning Planning Manager Transportation Maintenance Maintenance Manager Transportation Administration Program Development Coordinator American with Disabilities Liaison Transportation Planner III. Title VI Plan Implementation and Program Administration Title VI Coordinator's Responsibilities and Program Administration As authorized by the Mayor, the Title VI Coordinator is responsible for initiating, monitoring, and ensuring the City of Renton's Transportation Division compliance with Title VI requirements as follows: A. Program Administration. Administer the Title VI program and coordinate implementation of the plan. Ensure compliance with the assurances,policy, and program objectives. Perform Title VI program reviews to assess administrative procedures, staffing, and resources;provide recommendations as required to the Public Works Administrator. B. Complaints. 5 City of Renton Title VI Plan Review written Title VI complaints that may be received by the Transportation Division following the adopted procedural guidelines (see Section V—Complaint Procedures). Ensure every effort is made to resolve complaints informally at the local or regional level. C. Data Collection. Review the statistical data gathering process performed by Title VI Specialists periodically to ensure sufficiency of data for meeting the requirements of Title VI program administration. (See Section VII- Special Emphasis Program Areas). D. Environmental Impact Statements. Ensure that available census data are included as a part of all Environmental Impact Statements/Assessments (EIS/EIA) conducted by the Transportation Division for projects receiving Federal Highway Administration or other Federal assistance. E. Training Programs. Conduct or facilitate training programs on Title VI issues and regulations for Transportation Division employees; and facilitate Title VI training for appropriate staff, contractors and sub- recipients. F. Title VI Plan Update. Review and update the City of Renton's Transportation Title VI Plan as needed or required. Present updated plan to the Public Works Administrator; submit amended Plan to WSDOT. G. Annual Accomplishment Report. Prepare an annual report of Title VI accomplishments and changes to the program in the preceding Federal fiscal year; identify goals and objectives for the upcoming year as required; and submit to WSDOT in a timely manner. H. Public Dissemination. Work to develop and disseminate Title VI program information to the Transportation Division staff and other City of Renton employees and sub-recipients, including contractors, subcontractors, consultants, and sub-consultants and beneficiaries, as well as the general public. Public dissemination may include Title VI language in contracts or other agreements,website postings, and annual publication of the City's Title VI Policy Statement in newspaper(s) having a general circulation. Ensure public service announcements or notices of proposed projects, hearings, meetings, or formation of public advisory boards, are posted in newspapers or other media reaching the affected community. Ensure the full utilization of available minority publications or media; and,where appropriate,provide written or verbal information in languages other than English. I. Elimination of Discrimination. Work with the City Attorney Department, Human Resources Department, and other City offices to establish procedures for promptly resolving deficiencies, as needed. Recommend procedures to identify and eliminate discrimination that may be discovered in any Transportation Division processes. 6 City of Renton Title VI Plan J. Maintain Legislative and Procedural Information. Federal laws,rules and regulations, WSDOT guidelines, the current City of Renton Title VI Plan, Annual Accomplishment Reports, and other resource information pertaining to the implementation and administration of the City's Title VI program will be maintained and updated by the Coordinator. Information will be made available to other City departments or the public as requested or required. IV. NHI Education and Title VI Training In keeping with adopted City of Renton policy of nondiscrimination,procedures will be established or followed for Transportation employees to have equal access to applicable educational and training opportunities. Transportation staff will maintain program administration documentation and data necessary for preparation of annual Title VI reports, and will routinely supply the necessary data to the Title VI Coordinator. A. National Highway Institute(NHI) Education The Coordinator will be notified when training for the National Highway Institute courses or workshops become available to City of Renton Transportation employees. The Transportation Director will establish a policy for the selection of participants interested in taking part in the National Highway Institute Training workshops to ensure that no one is denied participation or subjected to discrimination on the basis of race,color, national origin or sex. A report will be completed and forwarded to the Coordinator upon completion of each educational seminar or course throughout the course of the year, which shall include the name of each participant,their title, division, sex and ethnicity for use in completing the annual Title VI accomplishment report. B. Title VI Training The Transportation Title VI Coordinator is responsible for overall Title VI related training and staff development for Title VI Specialists and other City of Renton employees. The Coordinator will organize and facilitate the provision of Title VI training sessions for consultants, contractors, and subcontractors periodically. WSDOT's Office of Equal Opportunity Internal and External Civil Rights Branch and the Contract Compliance Office may be asked to provide applicable training. C. Selection of Instructors The Coordinator will collaborate with the City of Renton's Contracting Services to ensure City policy is followed in the selection of instructors for City of Renton Transportation training courses/workshops, and ensure equal opportunity in the selection process for all training contracts. Per adopted policy,the City will provide accessibility to Minority/Women/Disadvantage Business Enterprise consulting and training firms to compete for training contracts. City of Renton Title VI Plan V. Complaint Procedures — Allegations of Discrimination in Federally Assisted Programs or Activities A. Overview These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, Civil Rights Restoration Act of 1987, and the Americans with Disabilities Act of 1990,relating to any program or activity administered by the City of Renton Transportation Division, as well as to sub-recipients, consultants, and contractors. These procedures apply to complaints filed against a program and/or activity funded by the Federal Highway Administration(FHWA). Intimidation or retaliation of any kind is prohibited by law. The procedures do not deny the right of the complainant to file formal complaints with other state or Federal agencies or to seek private counsel for complaints alleging discrimination. These procedures are part of an administrative process,which do not provide for remedies that include punitive damages or compensatory remuneration for the complainant. Every effort will be made to resolve complaints informally at the City and sub-recipient level. The option of informal mediation meeting(s)between the affected parties and a designated mediator may be utilized for resolution. B. Procedures Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint with the Human Resources Department at the City of Renton. A formal complaint must be filed within 180 calendar days of the alleged occurrence. Complaint forms are available through the City's website or by contacting the Title VI Coordinator.The City will not officially act or respond to complaints made verbally. Allegations received by telephone will be reduced to writing and provided to the complainant for confirmation or revision before processing.A complaint form will be forwarded to the complainant for him/her to complete, sign, and return to the City of Renton for processing. 1. In order to be accepted, a complaint must meet the following criteria: • The allegation(s)must involve a covered basis such as race, color,national origin, gender, disability, or retaliation. • The allegation(s)must involve a program or activity of a Federal-aid recipient, sub-recipient, or contractor, or, in the case of ADA allegations, an entity open to the public. • The complaint must include the date of the alleged act of discrimination(date when the complainant(s)became aware of the alleged discrimination; or the latest instance of the conduct). 8 City of Renton Title VI Plan • The complaint must present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complained-of incident. • The complainant(s)must accept reasonable resolution based on the City of Renton's administrative authority(reasonability to the determined by the City of Renton). 2. Upon receiving the written complaint, Human Resources, in consultation with the Title VI Coordinator will determine its jurisdiction, acceptability,need for additional information, and the investigative merit of the complaint. 3. If the complaint is against the City, the City will request the Washington State Department of Transportation(WSDOT) Office of Equal Opportunity to conduct the investigation. In the event WSDOT handles the investigation, they will follow their adopted procedures for investigating discrimination complaints,per their current State Title VI Plan. 4. If a complaint is against a sub-recipient, consultant, or contractor,under contract with the City, the appropriate Department and/or Division shall be notified of the complaint within 15 calendar days. The City will determine whether it will investigate the complaint or request WSDOT to conduct the investigation. 5. Once the City or WSDOT decides to accept the complaint for investigation,the complainant and the respondent will be notified in writing of such determination within five (5) calendar days. The complaint will be logged into the records of the Title VI Coordinator, and the basis for the allegation identified including race, color,national origin, handicap/disability, age or sex. 6. In cases where the City of Renton assumes investigation of the complaint, the City will provide the respondent with the opportunity to respond to the allegations in writing. The • respondent will have ten(10) calendar days upon receipt, to furnish the City with his/her response to the allegations. 7. Within 40 calendar days of acceptance of the complaint, the City of Renton or WSDOT investigator will prepare a written investigative report for the Public Works Administrator and Mayor. This preliminary investigative report shall include a narrative description of the incident, identification of persons interviewed, findings and recommendations for disposition. 8. The investigator will discuss the report and recommendations with the Public Works Administrator and Mayor. There will be a period of 10 calendar days to discuss the report and any recommendations. The report will be modified as needed and made final for its release to the parties. 9. Once the investigative report becomes final,briefings will be scheduled with each party within 15 days. Both the complainant and the respondent shall receive a copy of the 9 City of Renton Title VI Plan investigative report during the briefings and will be notified of their respective appeal rights. 10. A copy of the complaint and City or WSDOT investigative report will be issued to WSDOT's External Civil Rights Branch(or the appropriate oversight agency) within 60 calendar days of the acceptance of the complaint. 11. If the complainant or respondent is not satisfied with the results of the investigation of the alleged discriminatory practice(s)he or she shall be advised of their rights to appeal the decision to WSDOT, U.S. Department of Transportation or U.S. Department of Justice. The complainant has 180 calendar days after the appropriate agency's final resolution to appeal to USDOT. Unless new facts not previously considered come to light, reconsideration of the final determination by the investigating agency will not be available. 12. The Title VI Coordinator will maintain an annual Log Of Complaints, which will contain the following information for each complaint filed: • The name and address of the person filing the complaint • The date of the complaint • The basis of the complaint • The disposition of the complaint • The status of the complaint Only qualified,well-trained investigators should conduct these investigations.No agency is allowed to investigate a complaint against itself. 13. A complaint may be dismissed for the following reasons: • The complainant requests the withdrawal of the complaint. • The complainant fails to respond to repeated requests for additional information needed to process the complaint. • The complainant cannot be located after reasonable attempts. VI. Sub-Recipient Review and Remedial Action Procedures A. Title VI Review of Sub-recipients of Federal-Aid Highway Funds. Transportation Title VI Specialists and the Title VI Coordinator will assist WSDOT to periodically conduct Title VI compliance reviews. Transportation Division staff will review select recipients of Federal-aid highway or other Federal funds, to ensure adherence to Title VI requirements(see Section VII). The Title VI Coordinator will work cooperatively to periodically confirm operational guidelines provided to consultants, contractors, and sub-recipients, including Title VI language,provisions, and related requirements, as applicable. 10 City of Renton Title VI Plan B. Post-Grant Reviews. The Coordinator will collaborate with Transportation staff to conduct periodic post grant reviews of select recipients of Federal highway funds or other Federal funds, for roads, sidewalks, bridges, municipal construction, etc. to ensure adherence to Title VI requirements (see Section VII). Appropriate staff will periodically confirm that operational guidelines provided to consultants, contractors and sub-recipients include Title VI language and provisions and related requirements, where applicable. C. Remedial Action. When irregularities occur in the administration of Federal-aid highway programs at either the City or sub-recipient levels, corrective action will be taken to resolve identified Title VI issues. The City of Renton will seek the cooperation of the consultant, contractor or other sub-recipient in correcting deficiencies found during periodic reviews. The City will provide technical assistance and guidance,upon request,to support voluntary compliance by the sub-recipient. When conducting Title VI compliance reviews, the City will reduce to writing any recommended remedial action agreed upon by the Transportation Division and sub-recipient, and provide a copy of the letter within a period not to exceed 45 days. Sub-recipients placed in a deficiency status will be given a reasonable time, not to exceed 90 days after receipt of the deficiency letter, to voluntarily correct deficiencies. When a sub- recipient fails or refuses to voluntarily comply with requirements within the allotted time frame, the City of Renton will submit to WSDOT and FHWA copies of the case file and a recommendation that the sub-recipient be found in noncompliance. A follow-up review will be conducted within 180 days of the initial review to ascertain if the sub-recipient has complied with the Title VI Program requirements in correcting deficiencies previously identified. If the sub-recipient refuses to comply, the City of Renton and WSDOT may, with FHWA's concurrence, initiate sanctions per 49 CFR 21. VII. Title VI Implementation Activities in Special Emphasis Program Areas A. Planning& Location Activities 1. Planning Process. The Transportation Planning Section has responsibility for providing long-range planning, program development, and capital programming necessary to provide efficient transportation services to City of Renton citizens. The City annually updates and coordinates its six-year plan for transportation improvement programs and projects. The update informs other City of Renton departments and neighboring jurisdictions of the current planning direction for transportation needs. Projects included in the update are the result of evaluation and prioritization of needs in various transportation areas. The evaluation process includes input from the City Title VI Coordinator,various departments, cities, local jurisdictions and organizations, citizen groups, and private individuals. All six-year plans are consistent with the adopted Comprehensive Plan approved under the State's Growth Management Act. 11 City of Renton Title VI Plan 2. Authorities. Renton City Code; 23 CFR 450; RCW 35.77; RCW 36; RCW 47.06 Statewide Transportation Planning; RCW 47.80 Regional Transportation Planning Organization (RTPO). 3. Public Involvement in Planning Activities &Title VI. a) The Transportation Division will invite participation of a cross section of the populace from social, economic, and ethnic groups in the planning process by disseminating written program information to minority media and ethnic organizations, and providing public service announcements for all local media, when forming citizen advisory committees or planning boards, and requesting involvement. b) Transportation Division staff will obtain demographic statistics at applicable community meetings and public hearings involving transportation planning sessions. Data will be gathered through use of a voluntary self-reporting form which includes race, gender, and national origin. Copies of the completed forms will be provided to Title VI Coordinator after each meeting. c) To ensure access to public meetings, evening meetings will be conducted in a variety of community buildings throughout the City, including those along transit routes. Staff will ensure translation services are available if anticipated, and ensure public meetings are held in predominantly minority communities when transportation projects will specifically impact those communities. B. Consultant Contracts Activities 1. Consultant Contracts Administration. The Design Section is responsible for recommending consultant firms to support Transportation Division activities. Project Managers participate in final selection,negotiation and award. Pursuant to City of Renton Purchasing, Bidding and Contracting Policy, the signing authority of the consultant contracts may be the Public Works Administrator or the Mayor. In coordination with project managers, the Design Section Manager administers awarded consultant contracts. 2. Authorities. City of Renton Code; WSDOT Local Agency Guidelines; 48 CFR 31; 23 CFR 172 3. Consultant Selection Process. Transportation staff or project management staff will request qualifications from consulting engineering firms specializing in various aspects of civil engineering which may relate to transportation projects and the development of construction plans and special provisions for roads and bridges,design work associated with structures,performing environmental studies or preparing NEPA or SEPA documents for transportation projects. Consultant selection from the certified list maintained by the MRSC adheres to Washington State regulations (RCWs)and is consistent with City of Renton vendor policies. 4. Title VI Assurances and Provisions Transportation Division staff will: 12 City of Renton Title VI Plan a) Include applicable Disadvantaged Business Enterprise (DBE) goals in designated projects, and seek to proactively achieve the goal(s). b) Include Title VI assurance and provision language in all Federally funded consultant contracts. Periodically review documents and language to ensure compliance with current laws and regulations. Provide a copy of the contract to the Title VI Coordinator, and any amendments or updates that may occur over time. c) Maintain updated demographic data on the utilization of women-and minority-owned consulting firms. As they occur, a copy of the award letter will be provided to the Title VI Coordinator for use in preparing the Annual Update Accomplishment Report. C. Design & Engineering/Environmental Activities 1. Capital Improvement Projects (CIP): The Design Section is responsible for implementing the Capital Improvement Program(CIP) and environmental permitting for projects. Studies are performed to assess various environmental factors as they relate to the implementation of the City's transportation capital program, including evaluating demographic data. 2. Authorities. Renton City Code; Local Agency Guidelines-WSDOT- M36-63; Standard Plans For Road, Bridge and Municipal Construction-WSDOT; APWA-M21-01; Title 23, USC 109(d), 14(a), 217, 315 and 402(a); 23 CFR 1204.4; 23 CFR 771; EO 12898; 49 CFR 1.48(b)(33) and 1.48(c)(2;National Environmental Policy Act of 1969,42 USC 4321; 40 CFR Part 1500; 49 CFR Part 622; WSDOT EPM M31-1; EO 12898 3. Design/Environmental Review Process and Title VI Transportation Division Staff will: a) Depending on the scope, complexity, and impacts of a project, a National Environmental Policy Act(NEPA),NEPA Categorical Exclusion,NEPA Environmental Assessment, State Environmental Policy Act(SEPA) checklist, SEPA Determination of Non Significance, or NEPA and/or SEPA Environmental Impact Statement will be completed. b) Monitor compliance with Title VI requirements in all aspects of conducting Environmental Impact Statements or Assessments. Provide a comprehensive summary of the demographic and environmental data elements to be considered by the EIS/EIA process to the Title VI Coordinator; including updated summary lists as applicable. c) Incorporate into the review process adequate time for the Coordinator to review and comment, as applicable, on the draft EIS/EIA to ensure there are no violations of the Federal Civil Rights Act, as amended, as a result of the City's Federal-Aid highway activities. d) In order to ensure dissemination of information and foster participation from affected populations,place public notices in applicable general and minority media; select accessible locations and times for public hearings or meetings, and arrange for translation services as needed; particularly in projects impacting predominantly minority 13 City of Renton Title VI Plan communities. Ensure the public has information pertaining to their rights to call or write the department to view plans and discuss environmental problems. e) Obtain demographic data at community meetings and public hearings pertaining to the transportation design phase. Data will be gathered through use of a voluntary sign-up form which includes race, gender, and preferred language to receive information. Copies of the voluntary self-reporting forms will be provided to the Title VI Coordinator after each meeting. f) Provide a copy of the Annual Construction Report to the Title VI Coordinator in or around August of each year. The Title VI Coordinator will work with the city's GIS Section to generate a map of the Federal Highway Administration(FHWA) funded transportation projects to include demographic data of the neighborhoods effected by the projects. D. Right-of-way Activities 1. Real Property Services. The Design Section,through consultants with expertise in right-of-way acquisition, manages and coordinates the appraisal and acquisition of real property and relocation assistance services for transportation projects. The right of way acquisition process entails appraisal of property, negotiation of terms and conditions for acquisition, and assistance in the relocation of displaced individuals,businesses, farm operations, nonprofit organizations, and property management. 2. Authorities. Right of Way Manual; 23 CFR 130; 49 CFR 24; RCW Chapter 47; WAC 468.100 3. Right-of-way Activities and Title VI The Design Section staff will: a) Ensure equal opportunity in all aspects of procuring real estate service contracting and appraisal agreements. Follow adopted City of Renton vendor procurement policies in the acquisition of contracted services. b) Utilize current OMWBE directories identifying fee appraiser organizations and the Washington State Department of Transportation's list of certified fee appraisers when seeking services. Maintain data on awards to minority and female appraisers, and provide data to the Title VI Coordinator on a quarterly basis. c) Follow the guidelines in the Right of Way Manual for property acquisition as well as applicable laws and regulations, including Title VI and Section 504. d) Adhere to departmental policy of apprising affected property owners, tenants, and others involved in right-of-way acquisition of their rights and options regarding negotiation, relocation, condemnation and other aspects of the acquisition process. e) Provide copies of relocation assistance literature produced by WSDOT and a copy of the City of Renton Title VI Compliance brochure to all affected parties. 14 City of Renton Title VI Plan I) Incorporate Title VI language in all surveys of property owners and tenants. Coordinate the preparation of deeds,permits and leases to ensure the inclusion of the appropriate clauses, including Title VI Language. g) Ensure that appraised values and communications associated with the appraisal and negotiation operations result in equitable treatment. h) Ensure comparable replacement dwellings are available and assistance is given to all displaced persons and entities by the property acquisition process. i) Maintain statistical data including race, color, national origin, and sex on all relocatees affected by Transportation Federal Highway Administration funded projects, and provide detailed demographic data quarterly to the Title VI Coordinator. E. Construction Activities 1. Construction: -Design Section. The implementation of capital improvements projects is performed by the Design Section (mentioned above). This section is also responsible for administration of all new construction contracts and inspecting bridges. The Transportation Division is responsible for oversight and the administration of transportation construction projects, as set forth by policy decisions and supervision of the Public Works Administrator. 2. Authorities. City of Renton Standards, Construction Manual M41-01; Maintenance Manual M51-01; Local Agency Guidelines; Standard Specifications for Road, Bridge, and Municipal Construction. 3. Construction Activity and Title VI Transportation Division staff will: a) Review all Federal Highway Administration funded transportation projects for application of DBE goals. As appropriate, include DBE provisions in those projects with designated goals. Include Title VI language in bid announcements and applicable construction documents, as stipulated in the City's Title VI Policy Statement(p. 2) and Assurances (Exhibit 2,p. 18-19)herein. b) Award construction contracts on the basis of lowest responsive bidder, as well as meeting DBE requirements. Include Title VI language in prime contract award letters to encourage utilization of DBE subcontracts and vendors. c) Ensure that prime contractors with DBE requirements award contracted work to qualified DBEs which perform commercially useful functions. d) Monitor all construction operations to ensure nondiscrimination throughout all operations. e) Coordinate the gathering of construction information regarding DBE participation for the Annual Title VI Report; and provide to the Coordinator. 15 City of Renton Title VI Plan Exhibit 1 — City of Renton Title VI Notice to the Public The City of Renton hereby gives public notice that it is the City's policy to assure full compliance with Title VI of the Civil Rights Act of 1964,the Civil Rights Restoration Act of 1987, and related statutes and regulations in all programs and activities. Title VI requires that no person shall, on the grounds of race, color, sex, or national origin be excluded from the participation in,be denied the benefits of, or be otherwise subjected to discrimination under any Federal Aid Highway program or other activity for which the City of Renton receives Federal financial assistance. Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City of Renton. Any such complaint must be in writing and filed with the City of Renton Human Resources within one hundred, eighty (180) days following the date of the alleged discriminatory occurrence. Title VI Discrimination Complaint Forms may be obtained from the City's website(www.rentonwa.gov) or from the Human Resources office at no cost to the complainant by calling(425) 430-7655. City of Renton Title VI Plan 16 Exhibit 2 — City of Renton Title VI Assurances The City of Renton in the State of Washington, (hereinafter referred to as the"Recipient"), HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d--42 USC 2000d--4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to 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—Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin be excluded from participation in,be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance through the Washington State Department of Transportation, including the U.S. Department of Transportation and Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance is required by Subsection 21.7(a)( 1 ) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances to its Federal Aid Highway Program: 1. That the Recipient agrees that each"program" and each"facility"as defined in Subsections 21.23(e) and 21.23(b) of the Regulations, will be(with regard to a"program") conducted, or will be(with regard to a"facility") operated in compliance with all requirements imposed by, or pursuant to,the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations made in connection with the Federal Aid Highway Program, and in adapted form in all proposals for negotiated agreements: The City of Renton, in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252,42 USC 2000d---42 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 any contract entered into pursuant to this advertisement, minority business enterprises 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, sex, or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix 1 of this Assurance in every highway contract subject to the Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix 2 of this Assurance, 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 for highway purposes. City of Renton Title VI Plan 17 ExhibitA5.ThatwheretheRecipient receives Federalfinancialassistancetoconstructafacility,orpartofafacility, theAssuranceshallextendtotheentire facilityandfacilitiesoperatedinconnectiontherewith.6.Thatwhere theRecipient receivesFederalhighwayfinancialassistanceintheform,orforthe acquisitionofrealproperty,oraninterestinrealproperty,theAssuranceshallextendrightstospaceon,overorundersuchproperty.7.That theRecipientshallincludetheappropriateclausessetforthinAppendix3ofthisAssurance,asacovenant runningwiththe land,inanyfuturedeeds,leases,permits,licenses,andsimilar agreementsenteredintobytheRecipientwith otherparties:(a)forthesubsequenttransferofrealpropertyacquiredorimproved undertheFederalAidHighway Program;and(b)fortheconstructionor useoforaccesstospaceon,overorunderrealpropertyacquired,orimproved under the FederalAidHighwayProgram.8.ThatthisAssuranceobligates theRecipientfortheperiodduringwhichFederal financialassistanceisextendedtotheprogram,orisintheformof,personalproperty,orrealpropertyorinterest thereinorstructuresorimprovementsthereon,inwhichcasetheAssurance obligatestheRecipientoranytransfereeforthe longerofthefollowingperiods:(a)the period duringwhichthepropertyisusedforapurposeforwhichtheFederal financialassistanceisextended,orforanother purposeinvolvingtheprovisionofsimilar servicesorbenefits;or(b)theperiod during whichtheRecipientretains ownershiporpossessionoftheproperty.9.TheRecipientshallprovideforsuchmethodsofadministrationfortheprogramasarefoundbytheSecretaryofTransportation,or theofficialtowhoms/hedelegatesspecificauthoritytogivereasonableguaranteethatit,otherrecipients,sub-grantees,contractors,subcontractors,transferees,successorsininterest,andotherparticipantsofFederalfinancialassistanceundersuchprogramwillcomply withallrequirementsimposedorpursuanttothe Act,the Regulations,andthisAssurance.10.TheRecipientagreesthattheUnitedStateshasarighttoseekjudicialendorsementwithregardtoanymatterarisingundertheAct,theRegulations,andthisAssurance.THISASSURANCEisgiveninconsiderationofandforthepurposeofobtaininganyandallFederalgrants,loans,contracts, property, discountsorother FederalfinancialassistanceextendedafterthedatehereoftotheRecipientbytheU.S.DepartmentofTransportationundertheFederalAidHighwayProgramandisbindingonit,otherrecipients,sub-grantees,contractors,subcontractors,transferees,successorsininterestandother participantsintheFederalAidHighwayProgram.Thepersonwhose signatureappearsbelowisauthorizedto signthisAssuranceonbehalfoftheRecipient.MayorDate•1PublicWorksAdministratorDateCityofRentonTitleVIPlan182/8/2021 Appendix 1 —Title VI Assurances For Consultants, Contractors, Subcontractors, Suppliers, and Manufacturers The City of Renton will insert or add the following clauses into every highway contract subject to the Act and Regulations associated with the receipt of Federal financial assistance: During the performance of this contract, the contractor, 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 nondiscrimination in Federally assisted programs of the Department of Transportation(hereinafter DOT), Title 49, Code of Federal Regulations,part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor,with regard to the work performed during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, 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 Subcontracts, 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 subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground 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 City of Renton or the Washington State Department of Transportation 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 the City of Renton, or the Washington State Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, The City of Renton and the Washington State Department of Transportation shall impose such contract sanctions as it, or the Federal Highway Administration may determine to be appropriate, including,but not limited to: 1g City of Renton Title VI Plan a) Withholding of payments to the contractor under the contract until the contractor complies, and/or; b) 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(6) in every subcontract, 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 subcontractor or procurement as the City of Renton or the U.S. Department of Transportation, Federal Highway Administration, may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City of Renton enter into such litigation to protect the interests of the City and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. City of Renton Title VI Plan 20 Appendix 2 - Granting and Habendum Clauses When the City of Renton is the recipient of real property, structures or improvements thereon, or interest therein from the United States for highway purposes, the following clauses shall be included in any and all deeds affecting or recording the transfer of property: GRANTING CLAUSE NOW, THEREFORE, the City of Renton, as authorized by law, 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 Federal Highway Administration of the 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, Office of the Secretary, part 21,Nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter referred to as the Regulations)pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252:42 USC 2000d to 2000d--4) does hereby remise, release, quitclaim, and convey unto the City of Renton 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 City of Renton, 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 provision of similar services or benefits and shall be binding on the City of Renton, its successors, and assigns. The City of Renton, 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 subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed(,) (and)1 (2) that the City of Renton, 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, Nondiscrimination 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 nondiscrimination conditions, the City 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 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of Civil Rights Act of 1964. 21 City of Renton Title VI Plan Appendix 3 - Lease/Deed Provisions Upon receipt of Federal financial assistance to construct a facility or part of a facility for highway purposes, the Recipient agrees to include these clauses in all future deeds, licenses, leases, permits, or similar instruments entered into by the City of Renton pursuant to the provisions of Title VI Assurances, item 7: 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 for which a US 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, U.S. Department of Transportation, Subtitle A, Office of the Secretary,part 21,Nondiscrimination in Federally assisted programs of the U.S. 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 City 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. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the City of Renton pursuant to the provisions of Title VI Assurances, item 7. The LESSEE, for 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 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,U.S. Department of Transportation, Subtitle A, Office of the Secretary,part 21, Nondiscrimination in Federally assisted programs of the U.S. 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 nondiscrimination covenants,the City of Renton shall have the right to terminate the lease, and to re-enter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. City of Renton Title VI Plan 22 Appendix 4— Organizational Charts CITY OF RENTON 1triiol.c017E0 CIIYl ollr:CC ' Maros MI1Kt/RI COMOT HIN 1 r 1 L. I(t•(ar lliion (nil 4o110:0n0 All0t0,1111 ._.__.__...... .. .._I _.._._ .. ,i f I AO 1010011AtRF I mamma A l0NOMC tYMAI;tES011tctSR 9tMKt1 i (WY AI MU!, olYklo�M[t.l (DMMtlN11T SttTKIS ERt.ul Mt RWNARlM/St MAU RUMK VMRIQ ROM1i611V011 UV Cart ..,,o ♦.,...M f 100+4, em •,c I.c fr, 1 i tlh an:r•la btl(MUIMTti 0"Nvfw1j t,,ta♦ t.o.... 1. 1 1 I 'i 1 O,amM I- q`` ' ,. .ryl, l.N1� ssxNamrn: 1 �— _— (A:�no....�. t.A�i.tcN PA:NAM,/ fflteyR]/ l4YIf nAlF • ' U.nr,x(y t. 4n vnN W..''S NairMrrrvm Mnt/m^nt � ht�n:ua M.In Y.�.t.x ll e oWq a.11 i • Mb 1yn-mgg � Iu."aRvs.ma i I.,,,,, ,.:e,al 1! 1=1= 23 City of Renton Title VI Plan PUBLIC WORKS DEPARTMENT Transportation Systems 1)ivision `Transportation Systems Director Administrative Secretary I Administrative Secretary I I . I Secretary II T 1 I I r 4 'Transportation 'Transportation `Transportation Transportation Operations Manager Maintenance Manager Design Manager Planning Manager 1 Engineering Specialist III Secretary II � Principal Civil Engineer _ `Transportation Planner l I ' It Signal/Electronic Systems i Mil En®Weer 111 'Program Development Supervisor Coordinator I _{ Civil Engineer Ill , + / Civil Engineer Ill B Signal/Electronic System Technician Ill Signal/Electronic System Technician II Traffic Signage&Marking Supervisor Traffic Maintenance Worker II *Individuals marked with an asterisk serve as a Title VI Specialist or Coordinator. 24 City of Renton Title VI Plan