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 (hereinaŌer collecƟvely referred to as CONSULTANT) agrees as follows:

a. Compliance with RegulaƟons: CONSULTANT shall comply with the regulaƟons relaƟve to nondiscriminaƟon in federally assisted programs of the Department of TransportaƟon, Title 49, Code of Federal RegulaƟons, Part 21, as they may be amended from Ɵme to Ɵme, (hereinaŌer referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

b. NondiscriminaƟon: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, naƟonal origin, religion, age, or disability in the selecƟon and retenƟon of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not parƟcipate either directly or indirectly in the discriminaƟon prohibited by SecƟon 21.5 of the RegulaƟons, including employment pracƟces when the agreement covers a program set forth in Appendix B of the RegulaƟons.

c. SolicitaƟons for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitaƟons either by compeƟƟve bidding or negoƟaƟon made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potenƟal sub-applicant or supplier shall be noƟfied by CONSULTANT of the CONSULTANT’S obligaƟons under this Agreement and the RegulaƟons relaƟve to nondiscriminaƟon on the grounds of race, color, or naƟonal origin.

d. InformaƟon and Reports: CONSULTANT shall provide all informaƟon and reports required by the RegulaƟons, or direcƟves issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of informaƟon, and its faciliƟes as may be determined by the recipient or FHWA to be perƟnent to ascertain compliance with such RegulaƟons or direcƟves.

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

e. SancƟons for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscriminaƟon provisions of this agreement, the recipient shall impose such agreement sancƟons 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 Ɵme, not to exceed 90 days; and/or

ii. cancellaƟon, terminaƟon or suspension of the Agreement, in whole or in part.

f. IncorporaƟon 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 RegulaƟons, or direcƟves issued pursuant thereto.

CONSULTANT shall take such acƟon with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sancƟons for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, liƟgaƟon with a sub-applicant or supplier as a result of such direcƟon, CONSULTANT may request the recipient enter into such liƟgaƟon to protect the interests of the State, and, in addiƟon, CONSULTANT may request the United States to enter into such liƟgaƟon 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 (hereinaŌer referred to as the “CONSULTANT”) agrees to comply with the following nondiscriminaƟon statutes and authoriƟes, including, but not limited to:

PerƟnent Non-DiscriminaƟon AuthoriƟes:

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

• The Uniform RelocaƟon Assistance and Real Property AcquisiƟon 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 discriminaƟon on the basis of sex;

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

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

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

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

VI of the Civil Rights Act of 1964, The Age DiscriminaƟon Act of 1975 and SecƟon 504 of the RehabilitaƟon Act of 1973, by expanding the definiƟon of the terms “programs or acƟviƟes” to include all of the programs or acƟviƟes of the Federal-aid recipients, sub-recipients and contractors, whether such programs or acƟviƟes are Federally funded or not);

• Titles II and III of the Americans with DisabiliƟes Act, which prohibit discriminaƟon of the basis of disability in the operaƟon of public enƟƟes, public and private transportaƟon systems, places of public accommodaƟon, and certain tesƟng enƟƟes (42 U.S.C. §§ 12131 – 12189) as implemented by Department of TransportaƟon regulaƟons 49 C.F.R. parts 37 and 38;

• The Federal AviaƟon AdministraƟon’s Non-discriminaƟon statute (49 U.S.C. § 47123) (prohibits discriminaƟon on the basis of race, color, naƟonal origin, and sex);

• ExecuƟve Order 12898, Federal AcƟons to Address Environmental JusƟce in Minority PopulaƟons and Low- Income PopulaƟons, which ensures discriminaƟon against minority populaƟons by discouraging programs, policies, and acƟviƟes with disproporƟonately high and adverse human health or environmental effects on minority and low-income populaƟons;

• ExecuƟve Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulƟng agency guidance, naƟonal origin discriminaƟon includes discriminaƟon 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 EducaƟon Amendments of 1972, as amended, which prohibits you from discriminaƟng because of sex in educaƟon programs or acƟviƟes (20 U.S.C.1681 et seq).