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HomeMy WebLinkAbout4985Contract Number Vendor Sub�ect Department File Class Begin Date End Date Review Date Vault Date 4985 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Non-Discrimination Agreement Public Works LEG 12-1 1/4/2011 On-going 1/1/2013 Comments Review date for monitoring purposes only } � w C'!� �� � �..�..s. T � i f ,..�' t ` � �",.-"'-.«-„ � „�� ,.� - ��_.s,, r�� � � �.,,,_,�*�°{` „ � ' � � —�. _ r r z _.. � �,^ .. 4 � � Z .1 � I � d ;. � ,_-� .- x ��•-� ���_�a�� �" 8 r '�. _� "..y. ""'= �.. i r _ �°�-== : '' � r ` =� =�'� � � �—�^ � °°` . _ ° di ��1 �i " � , �"-�-°`'�; ^, f , S � •�?`: b �, � _ 1 �.�° -� ,,,� ; „ �,.;�,,,_ _ , ti ,,�,�,, y , � [ S �ICL.'�...r.i'r^"' �� � .�..�� �`...»'.e � °- f :!'.� t �} r ea.����l�l� k � � ` = ' c � �� �..._.._r`-,__i--•-�-s-_----•r----}I�[ �.i�..�3", t` �'c. �c-..��x:���� � �i ��_— - - - _ _ _ - PUBL/C i+D�ORIICS & UT/L/T/ES Director's �ce December 5, 2011 Mr George Laue Human Resources Consultant/Title VI Coordinator Washington State Department of Transportat�on 2714 N Mayfair Street Spokane, WA 99207-2050 Dear Mr �aue � Te! 360-473-'S315 � iar 360 f 100 Oysber 8ay Ave N � BretnertOn, WA 98312 f Thank you for your assistance regarding Bremerton's Non-Discrimination Agreement (tVDA) update Attached is our agency's Title VI Program NDA annual accomplishment and update report through December 31, 2010 If you have any questions, please direct them to Mr Larry Matel, the City of Bremerton's Title VI Coordmator or myself at (360) 473-5315 Sincerely, �� �r Vincent Akhim�e, CPM, P E Director, Pubiic Works � Utilities Department Enc cc Patty Lent, Mayor Larry Matei, Managmg Engineer (Transportation) Non-Discriminafion Agreement Annual Report Populafion Under 100,000 VVashington State Department of Transportation Citv of Bremerton (Name of Reap�ent) January 1, 2010 to December 31, 2010 (Repo�ting penod) As stipulated in this agency's Title VI Program Non-Discnmination Agreement, WSDOT"s approval letter to that agreement, and WSDOT's Highways and Local Programs Local Agency Gwdelines Manual (Chapter 28), the annual accomplishment and update report for the reporting penod reflected above is hereby submitted Current Chief Executive Officer Name Pa Lent � Title Ma or Planrnng or Public Works Director Name Vincent Akh�mie, CPM, P E Title Public Works 8� Utilities Department Director Title VI Coordmator Name Lar Matet� Title Manaqinq Enqmeer (Transportation) SUBMITTED �.. �----� Signature Vmcent Akhimie Typed/Pnnted Name Director of Public Works 8� Utdities Denartment Title January 4, 2011 Date OEO NDA Annual Report Form (Dec 1 2010) ANNUAL UPDATE AND ACCOMPLISHMENT REPORT For agencies under 100,000 C�tv of Bremerton (Name of Recipient} December 21, 2010 (Report Submission Date) 2008, 2009, and 2010 (Reporting Period) Reference WSDOT's Local Aqencv Guidelines Manual, Chapter 28 1 Report any changes in the organizational structure since the last reporting period (Example New Title VI Coordinator, new planning or public works directors, etc) • Report should identify the changes in the raciaUgender composition of those persons involved m the transportation decision makmg, including planrnng and advisory staff • If no changes have been made, please indicate that accordingiy The City of Bremerton hired a new Public Works Department Director named Vincent Akh�mie (P E) on July 22, 2010 Mr Akhimie �s of African Amencan descent 2 Using the most current data available (through Census or Washington State Office of Financial Management), describe the demographics within your �unsd�ction a Describe any required Title VI activities and/or studies conducted that provided data relatwe to minonty persons, neighborhoods, �ncome leveis, physicai environment, and travel habits b How was the information utdized or Titfe VI provisions and needs applied in each study or activity� Please see the 2011-2015 CONSOLIDATED PLAN CITY OF BREflflERTON AND KITSAP COUNTY CONSORTIUM which can be viewed at the following internet address http //www ci bremerton wa us/forms/communitydev/federalgrants/2011/2011_2015Consolidated Plan pdf OEO Annual Report Form (rewsed December 2009) Annual Update and Accomplisnment Report Populat�on Under 100 000 3 List any Pubiic outreach act�v�t�es dunng the reportmg penod such as pubiic announcements and/or commurncations for meet►ngs heanngs pro�ect not�ces Include the foilowmg Please see prev�ously referenced 2011-2015 Consol�dated Plan a How were special fanguage needs assessed� L�st the spec�ai language needs assessments conducted Please see previously referenced 2011-2015 Consoiidated Plan b What outreach efforts did you utdize to ensure that minonty, women low-income, and LEP population groups were provided equal opporturnty to participate m those outreach act�v�t�es (Examples provided materials in other languages met with local sociaf services agencies advertised m a mmonty publ�caUon) Please see previousty referenced 2011-2015 Consolidated Plan c L�st the special language services provided — note the profess�onat language serv�ce provided including the name of the service date prov�ded number of persans served and any other relevant information Please see previously referenced 2011-2015 Consolidated Plan d List any costs mcurred for translations and mterpreters for each activity NiA 4 List all the transportation related contracts (Federal and others) that were executed dur�ng the repo�tmg penod (Please mclude construcUOn, consuitant agreements for pianrnng design, engineenng env�ronmental, research ma�ntenance, etc ) Include dollar value of each 1. Wheaton Way/Schley Canyon Siope Repair -$230,000 2 Paciflc Avenue — Burwell to 6'" Street - 5630,000 3 11`" and YNanen Avenue intersectfon Improvements - 5800�000 (Right of Way acquisitfon only compieted to date) • Other than advertising in your locai legai publicat�on what outreach was made to DMWBE firms that a contractmg oppo�turnty existed withm your agency� No DBE goal Identify the DMWBE contracts that were awarded and their dollar amount NIA • Is there a Title VI Non-Discnmination statement mcluded m ail contracts and pubiic notices� Yes • How did your orgarnzation ensure that minor�ty women and disadvantaged firms were provided equal opporturnty to participate in the contractmg arena� The Not�ce of Invding b�ds stipulate these reqmrements OEO Annual RepoA Form (12/09) Annual Update and Accomplishment Report Populat�on Under 100 000 Summanze any transpo�tation pro�ects that ident�fy potentiai �mpacts to minonty ancl/or low- income Env�ronmental Justice (EJ) populations (� e impacts such as displacements mcreased noise bisecting neighborhoods et al) Note the foitowing • How impacts were mirnmized/m�t�gated Bremerton's transportadon infrastructure improvement pro�eets during the 2009 to 2012 penod are targeted at rehabfiitaUng exEsting central city transportatlon infrastructurs. S�gndicant attention is being ghrsn to the rebmlding of c�ty sidewaiks and p�destrian and bicycle faciliUes to serve the residents of the ar+� The 2d11-Z015 Consolidated Pian provides the background on the population served These transpartatio� projects seek neighborhood input through open public meetings in locations conven�errt to the nelghborhood. Comments from the community are sol�c�ted by the Breme�ton C�ty Cou�cil and incorporated mto project desfgn where fea�ible. Also inciude a statement if applicable on pro�ects that spec�ficalfy benefit commurnty cohesion such as adding s�dewalks improving access to praperUes that �mprove access for EJ populations Dunng 2009 and 2010 Bremerton has compteted �ts Pacfic Avenue Bu�well to 6"' Street redevelopment pro�ect to rehabilitate fts main downtomm street and sidewalk infrastructure to serve the downtown and nearby central cdy neighbofioads 6 if Right of Way has been acquired for a transportatwn pro�eci, please descnbe The 11"' and Warren Avenue Intersect�on Improver�nt pro�e�t extends the left and right hand tum lanes for southbound traffic on Warren Avenue. Inciuded with th� widentng are a bicycie tane and wider sidewalk (8') for pedestnans. Acquisition included four residences� two of which were already vacant • Identify the number of mmonty low-incame elderty artd disab{ed persons affected Two low-fncome resfdents were displacect One resfdenUproperty owner for whom the Crty's acquisition haked toreclosure proceedings proceeding agafnst the proparty • The efforts that were made to address Lim�ted Englrsh Proficiency issues (mcludmg use and cost of translators outreach efforts for each reported actrvity) N/A • Describe any concerns raised by minorities and wamen regar��ng appraisals negotrations relocation assistance, and payments What actrons were taken to resolve those ►ssues� N/A OEO Annual Report Farm (1Z09) Annuai Update and Accomplishment Report Populatian Under 100 000 List and descnbe any Title VI related complamts as a resuiE of transportation activ�ties and pro�ects Include None that we are aware of • What was the ailegaUon or eoncern� • Procedures used • Actron taken • Resafut�on OEO A�nuai Report Form (t?J09) Non-Discnmination Agreement Annual Report Population Under 100 000 1 Report any changes �n the organizat�onal structure smce the last report�ng period (Example New Title VI Coordmator, new planning or pubiic works directors, etc) a Report should identify the changes m the raaaUgender compos�tion of those persons �nvolved m the transportation decision making, mcludmg planrnng and advisory staff b If no changes have been made, please indicate that accordingly 2 Using the most current data avadable (through Census or Washington State Office of Financial Managementj, descnbe the demographics within your�unsdiction a Descnbe any reqwred T�tle VI activities andlor studies conducted that prov�ded data relative to minoMy persons, neighborhoods, income levels, physical environment, and travei habits b How was the informat�on utdized or Title VI provisions and needs applied in each study or activ�ty� 3 List any Public outreach act�vities dunng the reporting period such as, public announcements and/or communicat�ons for meetmgs, heanngs pro�ect notices include the foilowmg a How were spec�al language needs assessed? List the special language needs assessments conducted b What outreach efforts did you utdize to ensure that mmority women low-income, and LEP population groups were provided equal opportunity to participate in those outreach activit�es (Examples provided materials m other languages, met with local social services agencies, advertised in a minonty pubiicat�on) c List the special language services prowded — note the professionai language service provided mcluding the name of the serv�ce, date provided, number of persons served, and any other relevant information d L�st any costs mcurred for translat�ons and mterpreters for each activity OEO NDA Annual Report Form (Dec 1 2010) 2 Non-Discnmmahon Agreement Annual Report Populahon Under 100,000 4 L�st all the transportat�on related cantracts (Federal and o4hers) t�at �re executed dunng the repordng penad (Please include construction� consultant agreemenfs for planrnng des�gn, engineenng environmentai research maintenartce, etc ) a Indude doliar value of each b Other than adverhsmg m your tocal legal publ�Uon, what ov�a�h aras made to DMWBE firms that a contracting opportun�ty existed withm you� agerac� c Identify the DMWBE contrads that were awrarded and the'r doli�rr amount d Is there a Title VI Non-D�scnmmation statement �n�luded �n all oontracts and pubiac notices� e How did your organ¢ahon ensure that minanty, v�romen, and d�dvantaged firms wrere provided equal opparturnty to particopate m the cont�c�ng arena� 5 Summanze any transportation pra�ects that idenMy potential impacts fo minonty and/or low- �ncome Enwronmentai Just�ce (EJ) populat�ons (i e,�mpacts such � d�spfacements, mcreased noise, b�secting neightzofioods, et al) Note the foi@owmg a How impacts wrere minim►zedlm�hgated b Also include a statement, �f applECable, an projeds that spec�ficatly t�enefit community cohes�on such as addmg s�de�araiks, �mprav�rtg �cess to pro�es that �mprove access for EJ populahons OEO NDA Mnual Report Form (Dec t 2m1 f}} 3 Non-Discnminat�on Agreement Annual Report PopulaUon Under 100,000 6 If Right of Way has been acquired for a transportat�on pro�ect, please descnbe a Identify the number of minonty low-income, elderty and d�sabled persons affected b The efforts that were made to address Lim�ted English Proficiency issues (inciudmg use and cost of transiators, outreach efforts for each reparted acfiv�ty) c Descnbe any concerns raised by minonties and women regardmg appraisals, negotiat�ons relocation assistance, and payments What actions were taken to resolve those issues� 7 List and descnbe any Title VI related complaints, as a result of transportation activ�ties and pro�ects include a What was the aliegation or concem� b Procedures used c Action taken d Resolution OEO NDA Annual Report Fortn (Dec 1 2010) 4 2011 City of Bremerton Organization Chart Mayor Patty Lent Managing Engineer (Transportation) Larry Ilflatel * In his day-to-day �ob, Larry Matel reports directiy to Vincent Akhimie, who reports directiy to the Mayor Non-Discrimination Agreement Population Under 100,000 Yiiashington State Depar�r�tent of Transportation and Citv of Bremer�on (Name of Reap�►4) Policy Statemen# hereinafter referred to as the LLRecipient° assures that no person shall on the grounds of race, color, national ongin, or sex, as provAded by T�tle VI of 4he CnnO nghts Ad of 1964, and the Civd Rights Restorahon Achon of 1987 {P L 100 259) be exd�ed from part�apat�on m, be derned the benefits of. or bE otherwise sub�ected to discnmmat�on under any prc�gram or activrty The Rec�peent further assures every effort wnll be made to ensure non-d�scnmination �n all of �ts programs and actN�t�es, whether those prc�grams and acmvr�es are fec9erally funded or not The Civd Rights Restoratvon Act of 1987, broadened ti�e sco� of Title VI coverage by expandmg the definrtion of terms °pr�rams or actmUes° �o indu�e all programs or ac�nr�ties of Federal A�d rec�pients, sub-recipients, and contracto�Jconstaftarrts, whether such programs and activ�6es are federaliy assisted or nat (Public Law 100259 [S 557] March 22, 1988 ) In the everrt the Rec�poent distnbutes federal aid funds to a sub-necop�ent, the Recipient will include Titie VI language m all wntten agreements and well r�nort�tor fo� compliance The Recip�ent's Manag�ng Engineenng (Transportanon), Larry Matel, is responsibie for in�tiating and mon�tonng Title VI activr�es, prepanng reports and oth�r responsibd�es as reqwred by 23 Code of Federal Regulations (CFR) 200 and 49 Code of Federal Regulabon 21 69�ayor Januanr 4. 2011 Date OEO I�tDA Fosm (2010-11-0t) Non-Discnm�naUon Agreerroent Populabon Under 100,0� Title VI Program Organization and St�ff'ing Pursuant to 23 CFR 200, the Recapient has designated a Title VI Coordinator who is res�mnseble for Attachment 1, which descnbes the hierarchy for the Rec�p'ent's Title VI Program, mcludinq an orqan�zation's chart dlustrating the level an� �lacemerrt of Title VI responsibdities Assurances 49 CFR Part 21.7 The Rea�ient hereby grves assurances That no person shali on the grounds of race, color, national ongin, or sex, be exduded ftom partoc�pation in, be denied the benefrts of, or be otherwnse sub�ec�eri to discnmmation under any program or act�vity conducted by the reapient regardless of whether those programs and activities are federally funded or not Activrbes and programs which the Recipient hereby agrees to carry ouQ m compi�ance vinth Title VI and related statutes include, but are not hmded to o List ali ma�or Transportation programs and activities of the Reapient and Tdle VI responsibdfies for each one of them Include mformation as Attachment 2 to this Nondiscnmination Agreement 2 That d�nnll promptly take any measures necessary to effectuate ihis agreemer�t 3 That each Transportation program, activity, and faality (i e, lands change to roa�ways, park and nde lots, etc ) as defined at 49 CFR 21 23(b) and (e), an€i the Cnnl Rights Restoration Act of 1987 wdl be (�nnth �egard to a program or adnnty) conducted, or �nnll be (w�th regard to a facdity) operated in compliance with the nondiscnmmatory requirements imposed by, or �rsuant to, this agreement 4 That these assurances are gNen in cons�deration of and for the purpose of obtaineng any and all federal grants, loans, contracts, property, discounts o� other federal finanaal assistance extended after the date hereof to the Reapient by the Washington State Department of Transportat�on (WSDOT) under the federally-funded program and is bmdmg on it, other recipients, sub-grantees, contractors, sub-contractors, transferees, successors in m4erest and other partiapants The person or persons whose signatures app�ar below are authonzed to sign these assurances on behalf of the B2ecg�serrt 5 Tha# t�ue Recopoent shall msert the foilowing notification in ali solicitat�ons for btds f�r r�rork or matenai sub�ect to the Regulations and made �n connection OEO NDA Form (201Q-11-01) Non-Oiscnmmation Agreement Populafion Under 100,000 with all fede�ally-funded programs and, m adapted form all proposais for negotiated agreements The Recip�ent, m accordance wrth Trtle VI of the C�v�! Rrghts Act of 1964, 78 Stat 252, 42 U S C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportat�on, Subt�tle A, O�ce of the Secretary, Part 21, Nondlscnmmat�on m Federally-Ass�sted Programs of the Department of Transportation �ssued pursuant to such Act, hereby not�es ail bidders fhat �t wrll affirmatively ensure that rn any contract entered �nto pursuant to th�s advertrsement, drsadvantaged busmess enterpnses as defined at 49 CFR Part 23 wdl be af�orded full opportunrty to subm�t bids in response to th►s �nvdat�on and wdl not be d�scnm�nated aga�nst on the grounds of race, color, nat�ona! orrg�n, or sex rn cons�derat►on for an award 6 That the Recipient shall insert the clauses of Appendix 1 of this Agreement �n every contract sub�ect to the Act and the Regulations 7 That the Recipient shall insert the clauses of Append�x 2 of this Agreement, as a covenant runrnng with the land, m any deed from the United States effectmg a transfer of reai property, structures, or improvements thereon, or interest therein 8 That the Recipient shall mciude 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 Recip�ent with other part�es (a) for the subsequent transfe� of real property acqwred 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 �mproved under a federal aid program 9 The Recipient agrees that the United States has a nght to seek �udicial enforcement wnth regard to any matter arismg under the Act, the Regulation, and this agreement Implementation Procedures This agreement shall serve as the RecipienYs Titie VI plan pursuant to 23 CFR 200 and 49 CFR 21 For the purpose of this agreement, "Federal Assistance" shall mclude 1 grants and loans of federal funds, 2 the grant or donation of federal property and interest m prope�ty, 3 the detail of federal personnel, OEO NDA Form (2010-11-01) 3 Non-Discnminafion Agreement Populat�on Under 100,000 4 the sale and lease of, and the peRrnssion to use (on other than a causal or trans�ent basis), federai property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assistmg 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 �ts purposes, the provision of ass�stance The Recipient shall. 1 Issue a policy statement, siqned bv the chief execut�ve o�cer of the Recip�ent, wh�ch expresses �ts commitment to the nondiscrimmation provisions of Title VI The policy statement shall be circulated throughout the recipient's orgarnzation and to the generai public Such �nformation shali be published where appropnate in languages other than English 2 Take affirmatwe action to correct any deficiencies found by WSDOT or the Urnted States Department of Transportation (USDOT) withm a reasonable time penod, 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 responsibie for implementing Titfe VI requ�rements 3 Designate a civd nghts coordmator 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 morntonng Title VI activities and prepanng reqwred reports 4 The civd nghts coordinator shall adequately implement the civil rights reqwrements 5 Process complaints of discrimination consistent �nnth the provisions contained in this agreement Investigations shall be conducted by civd rights personnel tramed in d�scrimination compiaint mvest�gation Identify each compiainant by race, color, national ongin or sex, the nature of the complaint, the date the complamt was filed, the date the investigation was compieted, the disposition, the date of the disposition, and other pertment information A copy of the complaint, together with a copy of the rec�p�ent's report of investigation, will be forwarded to WSDOT's Office of Equal Opporturnty (OEO) within 10 days of the date the compiaint was received by the rec�pient 6 Collect statistical data (race, color, national ongin, sex) of participants in, and benefic�anes of the Transportation programs and activities conducted by the recipient OEO NDA Fertn (2010-11-01) 4 Non-DiscnmmaUon Agreement Population Under 100,000 7 Conduct Title VI reviews of the recipient and sub-recipient contractor/ consuitant program areas and actrvities Revise, where applicable, policies, procedures, and directives to mclude Titie VI requirements 8 Attend training programs on Title VI and related statues conducted by WSDOT OEO 9 Prepare a yearly report of Title VI accompiishments for the last year and goals for the next year This report is due one year from the date of approval of the Non-Discnmination Agreement and then annually on the same date This report wdi include the follownng a) Annual Work Plan Outline Title VI morntoring and review act�v�t�es planned for the coming year, state by which each activity wnll be accompiished and target date for completion b) Accomplishment Report List maJor accomplishments made regardmg T�tle VI activities Include instances where Title VI issues were identfied and discnmination was prevented Indicate activities and efforts the Titie VI Coordinator and program area personnel have undertaken in morntonng Title VI Include a descnption of the scope and concius�on of any special reviews (intemal or eutemal) conducted by the Titie VI Coordinator L�st any ma�or problem(s) identified and correction act�on taken Include a summary and status report on any Title VI complaints filed with the Recipient Discr�mination Complaint Procedure 1 Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterpnse, has been sub�ected to discnmmation prohibited by Title VI of the Civ�l R�ghts Act of 1964, the Amencan with Disabilities Act of 1990, Section 504 of the Vocational Rehab�litation Act of 1973, and the Civd Rights Restoration Act of 1987, as amended, may file a complaint w�th the Recipient A complamt may also be filed by a representat�ve on behalf of such a person All complaints will be referred to the Rec�p�ent's Title VI Coordinator for review and action 2 In order to have the complamt consideration under this procedure, the complainant must file the compliant no later than 180 days after a) The date of the alleged act of discnmination, or OEO NDA Form (2010-11-01) Non-0iscnminaUon Agreement Populat�on Under 100 000 b) Where there has been a contmwng course of conduct, the date on which that conduct was discontinued In e�ther case, the Recipient or his/her designee may extend the time for filing or waive the time limit �n the interest of �ustice, specifymg m wntmg the reason for so doing 3 Complaints shall be in writing and shall be signed by the complainant andlor the complainanYs representative Complaints shail set forth as fully as possible the facts and circumstances surroundmg the claimed discnmmation In the event that a person makes a verbal compiaint of discnm�nat�on to an officer or empioyee of the Recipient, the person shall be mterviewed by the Title VI Coordinator If necessary, the Title VI Coordinator �nnll assist the person in reducing the complaint to wmting and subm�t the written version of the complamt to the person for signature The complaint shall then be handled according to the RecipienYs mvestigative procedures 4 Within 10 days, the Titie VI Coordmator wdl acknowledge receipt of the allegation, inform the complainant of action take or proposed action to process the allegation, and advise the complamant of other avenues of redress avadable, such as WSDOT or USDOT 5 The recipient wdl advise WSDOT within 10 days of receipt of the allegations Generally, the follo�nnng information wdl be included �n every not�fcation to WSDOT a) Name, address, and phone number of the complainant b) Name(s) and address(es) of alleged discrim�natmg official(s) c) Basis of complaint (i e, race, color, national ongm, or sex) d) Date of aileged discriminatory act(s) e) Date of complamt received by the recipient � A statement of the complamt g) Other agenc�es (state, local, or federal) where the complaint has been frled h) An expianation of the act�ons the recipient has taken or proposed to resolve the issue raised in the complamt 6 Wdhin 60 days, the T�tle VI Coord�nator wdl conduct an mvestigation of the allegation and based on the mformation obtained, �nnll render a recommendation for action in a report of flndings to the head of the o�o NnA Fom, �ZOia»-o�> s Non-DiscnminaUon Agreement PopulaUon Under 100 ODO Reapient The complamt should be resolved by informal means whenever pmssible Such informal attempts and their results will be summarized m the report of findings 7 tN�#hin 90 days of receipt of the complaint, the head of the Recipient wdl notify the complainant in wnting of the final decision reached, includmg the propase�i disposition of the matter The notification wdi advise the compiainant of his/her appeai nghts with WSDOT, or USDOT, if they are dissat�sfied Hnth the final decision rendered by the Recipient The Title VI Coordinator v�nll also provide WSDOT with a copy of this decision and summary of findmgs upon completion of the mvestigation 8 Contacts for the different Title VI admmistrative �unsdictions are as follows Eastem Washmqton Washington State Department of Transportation Office of Equal Opportunity, T�tle VI Program 2714 North Mayfair Street Spokane, WA 99207-2090 (509) 324-6018 Westem Washmqton Washington State Department of Transportation Office of Equal Opporturnty, Title VI Program P O Box 47314 Olympia, WA 98504-7314 (360) 705-7089 Federal Highway Admmistration Washington Division Office 711 Cap�tol Way South, Suite 501 Olympia, WA 98501 {360) 534-9325 OEO NDA Focm (2010-11-01) 7 Non-Discnmination Agreement PopulaUon Under 10Q 000 Sancbons In the event the Recipient fads or refuses to comply with the terms of thes agreement, the WSDOT may take any or all of the foilo�nnng actions Cancei, term�nate, or suspend this agreement m whole or m part. 2 Reftam from extendmg any further assistance to the rec�p�ent under the program from which the fadure or refusal occurred untd sat�sfadory assurance of future compliance has been received from the recip�ent 3 Take such other action that may be deemed appropnate under the circumstances, untd compliance or remedial action has been accomplished by the rec�p�ent 4 Refer the case to the Department of Justice for appropnate legal proceedings WASHINGTOPI STATE DEPARTASENT OF TRANSPORTATION Signature Titie Date NAME OF RECIPIENT OEO NDA Form (201Q-11-0S) Ch�ef Execu ve icer's Signature Mavor Title Januarv 4 2011 Date 8 Non-Discnmmabon Agreement Population Under 100,000 1�ppendix 1 Dunng the perFormance of this contrad, the contractor/consultant, for itself, its assignees, and successors �n interest (heremafter referred to as the acoa�tractor") agrees as follows Compiiance unth Regulafions The contractor shall coPnply wdh the Regulations relat�ve to non- discnmma�on m federaliy assisted programs of Un�ted States Department of Transporfation (USDOTj, Tdle 49, Code of Federal Regulations, part 21, as they may be amended from t�me to time, (hereinafter referred to as the Regula�ons), which are herein incorporated by reference and made a part of this contrad 2 Non-discnmmat�on The contractor, with regard to the worlc performed by �t dunng the contrac�, shall not discnminate on the grounds of race, color, sex, or national ong�n in the seledion and retenfion of sub-contractors, inciuding procurement of matenals and leases of eqwpment The contractor shall not participate either directly or indiredly m the discnm�natson prohibited by Section 21 5 of the Regulations, inciudmg employment practices when the contract covers a program set forth in Ap�ndix B of the Regulations 3 SolicitaUons for Sub-contracts, Inciuding Procurement or Matenals and Equipment In all solic�tations erther by competfive b�ddmg or negotiations made by the contractor for wo�ic to be performed under a sub-contract, including procurement of matenals or leases of eqwpment, each potential sut} contractor or supplier shali be notfied by the contractor of the contractor's obligations under this contracQ and the Regulations relative to non- d�scnmmaUon on the grounds of race, color, sex, or national ongin 4 Informafion and Reports The contractor shail provide all infamat�on and reports required by the Regulat�ons or directnres issued pursuant thereto, and shali permit access to its books, records, accounts, other sources of information, and its fac�l�tees as Pnay be determmed by the contracimg agency or the appropnate federal agency to be perbnent to ascertam compiiance �nnth such Reguiafions orders, and instruc�ions Where any information reqwred of a contra�or is in the exclusNe possession of another who fads or refuses to fumish th�s infoRnation, the contractor shall so certify to WSDOT or the USDOT as appropnate, and shall set forth what efforts it has made to obtam the i�ormation Q�@ IV�A F�tm (2p1E3-t i-01) 9 Non-Discnmination Agreement Population Under 100,000 5 Sanctions for Non-compliance In the event of the contractor's non-compliance wnth the non-discnmmaUon provisions of this contract, the contracting agency shall impose such sanctions as �t or the USDOT may determine to be appropnate, mciudmg but not lim�ted to Withholdmg of payments to the contractor under the contract untd the contractor complies, and/or Cancellation, termination, or suspension of the cantract, �n whole or in part 6 Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) m every sub-contract, includmg procurement of matenals and leases of eqwpment, unless exempt by the Regulations, or d�rectives issued pursuant thereto The contractor shall take such action with respect to any sub- contract or procurement as the contractmg agency or USDOT may direct as a means of enforcing such provis�ons including sanctions for non- compliance Provided, however, that m the event a contractor becomes mvoived in, or is threatened with, I�tigation w�th a sub-contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such Idigat�on to protect the interests of the state and, in add�on, the contra�tor may request the USDOT enter into such litigation to protect the mterests of the Urnted States Append�x 2 The following clauses shall be mctuded in any and ail deeds affeding or recording the transfer of reai property, structures or improvements thereon, or interest therein from the Urnted States GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as author¢ed by law, ar�d upon the condition that the state of Washington wdl accept t�tle to the lands and mamtam the pro�ect constructed thereon, in accordance with Titte 23, Urnted States Code, the Regulations for the Admirnstration of Federal A�d for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also m accordance with and m compiiance v+nth ail requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, the Department of Transportat�on WSDOT (heremafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civd Rights Act of 1954 (78 Stat OEO NDA Form (2010-11-01) 10 Non-Discnminahon Agreement PopulaUon Under 100,000 252 42 USC 2000d to 2000d — 4) does hereby rem�se, release, qwtclaim, and convey unto the state of Washmgton all the nght, t�tle, and mterest of the Department of Transportation in and to said land descnbed in Exhibit A attached hereto and made a part thereof HABENDUM CLAUSE TO HAVE AND TO HOLD sa�d lands and mterests therem unto the state of Washington, and rts sucoessors forever, sub�ect, however, to the covenants, condfions, restnctions and reservations herem contamed as follows, which w�li remam m effect for the penod dunng which the real property or structures are used for a purpase for which the federal financ�al assistance is extended or for another pur�se involvmg the provisions of s�mdar servoces or benefits and shali be bmding on the state of Washington, its successors, and assigns The state of Washington, m cons�derat�on of the conveyance of said lands and interests in lands, ddes hereby covenant and agree as a covenant runrnng with the land for �tsetf, ds successors and ass�gns, that (1) no person shall on the grounds of race, color, sex, or national ongm, be excluded from participation in, be denied the benefds of, or be othenanse sub�ed to discnmination w�th regard to any faWlity located wholly or in part on, over, or under such lands hereby conveyed (,)(and)' (2) that the state of Wash�ngton, shali use the lands and interests m lands so c�nveyed, in compiiance wdh all reqwrements imposed by or pursuant to Tdle 49, Code of Federal Regulations, Department of Transportation, Subt�le A, Office of the Secretary, part 21, Non-discnmmation of federally assisted prc�grasms of the Department of Transportation — Effectuation of Tdie VI of the Cnnl R�ghts Act of 1964, and as said Regulat�ons may be amended (,) and (3) that m the event of breach of any of the above mentioned non-discnmination co�dfions, the department shall have a nght to reenter sa�d lands and faGlities on sa�d land, and the above descnbed land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transpor��on and �ts assigns as such interest existed pnor to this instrucUon Append�x 3 The following clauses shall be included in all transportation related deeds, licenses, leases, peRn�ts, or s�melar instruments entered into by (Recipient} pursuant to the provisions of Assurance 8 The LESSEE, for h�mseif or herseif, his or her heirs, personal representatives, successors m interest, and ass�gns, as a part of the consideration hereof, does hereby covenant and agree as a covenarrt running w�th the land that in the event fac�l�es are constructed, mamQained, or otherwise operated on the said property descnbed in this lease, for a purpose of wh�ch a Department of Transportation program or adovity �s eutended or for another purpose mvoiving the provision of similar services mr benef�ts, the LESSEE shail mamtam and operate such facddies and services m compliance v�nth all other requsrements imposed OEO NDA Feum (2010-11-01) 11 Non-D�cnmination Agreement Populabon Unde� 100,000 pursuant to Titie 49, Code of Federai Regu9ations, Department of Transportation, Subtdle A, OfFce of the Secxetary, part 21, Non-discnmmation in federally ass�sted programs of the Departmerrt of Transportation — Effectuation of Title VI of the Civd nghts Act of 1964, as sa�d Regulabons may be amended That m the event of breach of any of the above non-discnmination covenants, the STATE shall have the nght to term�nate the lease, and to �eenter and repossess said land and the fac�I�Ues thereon, and hold the same as if said lease has never been made or rssued The followmg shall be included m all deeds, lic�nses, leases, permits, or simdar agreements entered into by the Washing�on State Department of Transportation pursuant to the provisions of Assurance 8 The LESSEE, of himself or herself, his or her personai representatives, successors in mterest, and ass�gns, 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, ar national ongm, shall be excluded from partic�pation in, be derned the �nefits of, or be othervu�se sub�ected to discnmmation in the use of said fac�ifies, (2) that in the construction of any improvements on, over, or under such land and fumishmg of services thereon, no person on the grounds of race, colar, sex, or nationaf ongm shali be excluded from partiapat�on m, derned the t�nefits or, or otherwnse be sub�ected to discnmmat�on, (3) that the LESSEE shal! use the premises m compliance with ail reqwrements imposed by or pursuant to Tdle 49, Code of Federal Regulations, Department of Transportatoon, SubtiUe A, Office of the Secretary, part 21, Non-discnmination in federally assisted programs of the Department of Transportation — Effectuat�on of T�le Vi of the Cn�d Rights Act of 1964, and as said Regulations may be amended That �n the event of breach of any of the above non-discnm�nation covenants, the STATE shall have the nght to terrnmate the lease, and to reenter and repossess said land and the fac�lfies the�eon, and hold the same as if said lease had never been made or issued t Reverter Clause arsd related language to be used orsly �vhen d �s d�rmua�d ihat such a dause � n�essary m order to ef�ectu�tt 4he �ur{sose of Tdle VI of the Civd R�ghts Act of 1gS4 �O' NDA Fomt (2010-11-01) 12