Title_VI_Assurances.pdf

TITLE VI ASSURANCES

[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:

a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and

b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

APPENDIX A

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereina er collec vely referred to as CONSULTANT) agrees as follows:

a. Compliance with Regula ons: CONSULTANT shall comply with the regula ons rela ve to nondiscrimina on in federally assisted programs of the Department of Transporta on, Title 49, Code of Federal Regula ons, Part 21, as they may be amended from me to me, (hereina er referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

b. Nondiscrimina on: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, na onal origin, religion, age, or disability in the selec on and reten on of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not par cipate either directly or indirectly in the discrimina on prohibited by Sec on 21.5 of the Regula ons, including employment prac ces when the agreement covers a program set forth in Appendix B of the Regula ons.

c. Solicita ons for Sub-agreements, Including Procurements of Materials and Equipment: In all solicita ons either by compe ve bidding or nego a on made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each poten al sub-applicant or supplier shall be no fied by CONSULTANT of the CONSULTANT’S obliga ons under this Agreement and the Regula ons rela ve to nondiscrimina on on the grounds of race, color, or na onal origin.

d. Informa on and Reports: CONSULTANT shall provide all informa on and reports required by the Regula ons, or direc ves issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of informa on, and its facili es as may be determined by the recipient or FHWA to be per nent to ascertain compliance with such Regula ons or direc ves.

Where any informa on required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this informa on, CONSULTANT shall so cer fy to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the informa on.

e. Sanc ons for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimina on provisions of this agreement, the recipient shall impose such agreement sanc ons as it or the FHWA may determine to be appropriate, including, but not limited to:

i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of me, not to exceed 90 days; and/or

ii. cancella on, termina on or suspension of the Agreement, in whole or in part.

f. Incorpora on of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regula ons, or direc ves issued pursuant thereto.

CONSULTANT shall take such ac on with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanc ons for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, li ga on with a sub-applicant or supplier as a result of such direc on, CONSULTANT may request the recipient enter into such li ga on to protect the interests of the State, and, in addi on, CONSULTANT may request the United States to enter into such li ga on to protect the interests of the United States.

APPENDIX E

During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereina er referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimina on statutes and authori es, including, but not limited to:

Per nent Non-Discrimina on Authori es:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimina on on the basis of race, color, na onal origin); and 49 CFR Part 21.

• The Uniform Reloca on Assistance and Real Property Acquisi on Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimina on on the basis of sex;

• Sec on 504 of the Rehabilita on Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimina on on the basis of disability); and 49 CR Part 27;

• The Age Discrimina on Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimina on on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Sec on 47123), as amended, (prohibits discrimina on based on race, creed, color, na onal origin, or sex);

• The Civil Rights Restora on Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title

VI of the Civil Rights Act of 1964, The Age Discrimina on Act of 1975 and Sec on 504 of the Rehabilita on Act of 1973, by expanding the defini on of the terms “programs or ac vi es” to include all of the programs or ac vi es of the Federal-aid recipients, sub-recipients and contractors, whether such programs or ac vi es are Federally funded or not);

• Titles II and III of the Americans with Disabili es Act, which prohibit discrimina on of the basis of disability in the opera on of public en es, public and private transporta on systems, places of public accommoda on, and certain tes ng en es (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transporta on regula ons 49 C.F.R. parts 37 and 38;

• The Federal Avia on Administra on’s Non-discrimina on statute (49 U.S.C. § 47123) (prohibits discrimina on on the basis of race, color, na onal origin, and sex);

• Execu ve Order 12898, Federal Ac ons to Address Environmental Jus ce in Minority Popula ons and Low- Income Popula ons, which ensures discrimina on against minority popula ons by discouraging programs, policies, and ac vi es with dispropor onately high and adverse human health or environmental effects on minority and low-income popula ons;

• Execu ve Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resul ng agency guidance, na onal origin discrimina on includes discrimina on because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Educa on Amendments of 1972, as amended, which prohibits you from discrimina ng because of sex in educa on programs or ac vi es (20 U.S.C.1681 et seq).