Loading...
Approve Title VI Non-Discrimination Agreement with WSDOT and authorizing signatures thereon. BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 21-192 APPROVING A TITLE VI NON-DISCRIMINATION PLAN BETWEEN LEWIS COUNTY AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AND AUTHORIZING SIGNATURES THEREON WHEREAS, the Code of Federal Regulations (49 CFR Part 21 and 23 CFR 200) requires each local agency who receives federal funds to establish a Title VI Non- Discrimination Program, which Lewis County established by Resolution 06-061 on February 13, 2006; and WHEREAS, Washington State Department of Transportation (WSDOT) requires an updated Title VI Non-Discrimination Plan whenever staff changes; and WHEREAS, the Board of County Commissioners has reviewed the Title VI Non- Discrimination Plan (attached as Exhibit A); and WHEREAS, it appears to be in the public's best interest to authorize this plan between WSDOT and Lewis County. NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners approves the plan and the County Manager is hereby authorized to sign the Title VI Non-Discrimination Plan. DONE IN OPEN SESSION this 18th day of May, 2021. Page 1 of 2 Res. 21-192 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Gary Stamper By: Amber Smith, Gary Stamper, Chair Deputy Prosecuting Attorney ATTEST: •'• ° yT`� �'•.• Lindsey R. Pollock, DVM Lo Y se R. Pollock, DVM, Vice Chair SX�C S10 Rieva Lester '•:sti�;..� ,. Sean D. Swope Rieva Lester, Sean D. Swope, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 21-192 Appendix 28.91 Attachment A Title VI Plan for LPAs with Populations over 75,000 LEWIS COUNTY PUBLIC WORKS Beginning date of Plan 5/18/2021 Erik Martin, County Manager, Lewis County Josh Metcalf Public Works Director Prepared by: (Kim Amrine, Administrative Assistant Sr/Title VI Coordinator) Email: Kim.Amrine(c�lewiscountvwa.gov Phone#: 360-740-2612 Appendix 28.91 I. Title VI Policy Statement It is the policy of Lewis County Public Works that no person shall on the grounds of race, color, and national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of Lewis County Public Works as provided by Title VI of the Civil Rights Act of 1964 and related statutes. This policy applies to all operations of Lewis County Public Works, including its contractors and anyone who acts on behalf of Lewis County Public Works. This policy also applies to the operations of any department or agency to which Lewis County Public Works extends federal financial assistance. Federal financial assistance includes grants, training, equipment usage, donations of surplus property, and other assistance. Prohibited discrimination may be intentional or unintentional. Seemingly, neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination. Examples of prohibited types of discrimination based on race, color, or national origin include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality, quantity, or manner in which a benefit is provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired; and Discrimination in employment. Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 USC § 2000d and related statutes, 42 USC 4601 to 4655; 23 USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3 and 49 CFR part 21. Signed: May 18, 2021 Eri actin, County Manager Date II. Organization, Staffing, and Structure The Board of County Commissioners is ultimately responsible for assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes and has directed that non-discrimination is required of all LPA employees, contractors, and agents pursuant to 49 CFR Part 21. Lewis County Public Works has created the position of Administrative Assistant Sr./Title VI Coordinator to perform the duties of the Title VI Coordinator and ensure implementation of their Title VI program in the Public Works Department. The position of Administrative Assistant Sr./Title VI Coordinator is located within Lewis County Public Works Department. The Title VI Coordinator is responsible for: • Submitting a Title VI plan and annual reports on the agency's behalf; • Developing procedures for the prompt processing and disposition of complaints; • Investigating complaints, compiling a complaint log, and reporting to WSDOT; • Developing procedures for the collection and analysis of statistical data; • Developing a program to conduct Title VI reviews of program areas; Appendix 28.91 • Conducting annual Title VI assessments of pertinent program areas; • Developing Title VI information for dissemination; and • Establishing procedures for resolving deficiency status and reducing to writing the remedial action agreed to be necessary. Please see the Public Works Organizational chart attached. III. Primary Program Area Descriptions & Review Procedures Title VI Coordinator's Responsibilities and Program Administration — As authorized by the Agency Administrator, the Title VI Coordinator is responsible for initiating, monitoring, and ensuring Lewis County Public Works' compliance with Title VI requirements as follows: Program General Title VI/Non- Review Procedures Area Description Discrimination Concerns for Ensuring Non- and Responsibilities Discrimination Ex: Right of Acquiring Right of Identify and provide WSDOT certifies all Way Way for assistance for those who ROW acquisitions transportation may need language and procedures projects translation while acquiring ROW Ex: Planning Transportation Identify and provide Title IV Coordinator to Planning assistance for those who verify all public may need language notifications have the translation when holding proper languages planning hearings addressed Ex: Identify projects that Ensure the environmental Our environmental Environmental potentially impact justice memorandum is planner checks minority and/or low- completed for each project documents to ensure income populations accuracy Training Annual Title VI Title VI Coordinator will Title VI coordinator Training attend WSDOT offered will provide training annually and information and discriminate information to training to Public agency Works staff as needed Ex: Contract documents Compliance with WSDOT Compliance is Construction and agreements requirements in all required in order to contracts and agreements keep WSDOT certified agency (CA) in place Appendix 28.91 r Ex: Maintenance of Provide consistant Roads are maintained Maintenance roads maintenance to all roads of on a regular schedule each road classification Appendix 28.91 IV. Review Procedures Lewis County Public Works will review all contractors and contracts to ensure they are aware and follow the policies of Lewis County Public Works. V. Data Collection/Reporting/Analysis Program Area Type of Data Collected Intended Outcome of Data Analysis & Process for (i.e. Title VI Purpose for Collecting the Collecting Data) Public Meetings Meeting notices offered Ensure all populations concerns for a for projects in the Spanish language project are addressed and providing services if requested Environmental Gather Environmental Ensure all populations concerns for a Justice data for projects project are addressed Right of Way Gather population data Ensure all populations concerns for a for each project project are addressed Contracts DBE Data Ensure projects meet all DBE goals assigned by WSDOT Local Programs VI. Title VI Training Address plans for LPA Title VI staff to attend NHI, FHWA, and/or WSDOT training In keeping with adopted Lewis County Public Works policy of nondiscrimination, departmental procedures will be established or followed for Public Works employees to have equal access to applicable educational and training opportunities. Public Works 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. Address how LPA will train staff members and subrecipients. The Title VI Coordinator is responsible for overall Title VI related training and staff development for Title VI Specialists and other employees. The Coordinator will organize, through the WSDOT Title VI Coordinator, a minimum of one internal Title VI training session annually for those involved in project development and delivery. The Coordinator will organize and facilitate the provision of Title VI training sessions for consultants, contractors, and Appendix 28.91 subcontractors periodically, as needed. WSDOT's Office of Equal Opportunity may be asked to provide applicable training. VII. Title VI Complaint Procedures Discrimination Complaint Procedure for Lewis County Public Works Federal law prohibits discrimination on the basis of race, color, or national origin in any Lewis County Public Works program, service, or activity. This prohibition applies to all branches of Lewis County Public Works, its contractors, consultants, and anyone else who acts on behalf of Lewis County Public Works. Complaints related to the Federal-aid programs may be filed with Lewis County Public Works and will be forwarded to Washington State Department of Transportation — Office of Equal Opportunity. If you need assistance to file your complaint or need interpretation services, please contact Kim Amrine, Administrative Assistant Sr/Title VI Coordinator (360) 740-2612 or Kim.Amrine(u�Lewiscountywa.gov. Who is eligible to file a complaint? Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any Lewis County Public Works program, service, or activity because of their race, color, or national origin may file a complaint. Discrimination includes lack of access, harassment, retaliation and disparate impacts from a program or activity. Harassment includes a wide range of abusive and humiliating verbal or physical behaviors. Retaliation includes intimidating, threatening, coercing, or engaging in other discriminatory conduct against anyone because they filed a complaint or otherwise participated a discrimination investigation. How do you file a complaint? Complaints must be filed no later than 180 days from the last date of the alleged discrimination. A complaint form in both English and Spanish, are on the Lewis County Public Works website page. Contact Kim Amrine, Administrative Assistant Sr/Title VI Coordinator (360) 740-2612 or Kim.AmrineLewiscountywa.gov if you believe your complaint may fall outside this deadline. Reasonable efforts will be made to assist persons with disabilities, non-English speakers, and others unable to file a written complaint. For assistance in filing a complaint, please contact Kim Amrine, Administrative Assistant Sr/Title VI Coordinator (360) 740-2612 or Kim.Amrine(a�Lewiscountywa.gov. Complaints should be in writing, signed, and may be filed by mail, fax, in person, or e-mail. If a complainant phones Lewis County Public Works with allegations, the allegations of the complaint will be transcribed as provided by phone and then the written complaint will be sent to the complainant for correction and signature. A complaint should contain the following information: • The complainant's contact information, including, if available: full name, mailing address, phone number (and best time to call), and email address (if available); • The basis of the complaint (e.g., race, color, national origin); • The names of specific person(s) and/or agencies/organizations alleged to have discriminated; Appendix 28.91 • A description of the alleged discriminatory actions, meaning sufficient information to understand the facts that led the complainant to believe that discrimination occurred in a program or activity that receives Federal financial assistance; and • The date(s) of the alleged discriminatory act(s) and whether the alleged discrimination is ongoing. All Title VI complaints are logged. The Complaint log must 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. The Complaint Log and documentation are destroyed four years after the end of the fiscal year in which the case is closed. Lewis County Public Works then forwards complaints to WSDOT - Office of Equal Opportunity for processing by FHWA. [WSDOT investigates complaints only if delegated by FHWA after acceptance of a complaint.] FHWA is responsible for all determinations regarding whether to accept, dismiss, or transfer the complaint and finding no violation or failure to comply. Complainants have the right to file a complaint directly with the federal funding agency. The following address is where Title VI complaints may be filed directly with FHWA: Federal Highway Administration U.S. Department of Transportation Office of Civil Rights 8th Floor E81-105 1200 New Jersey Avenue, SE Washington, DC 20590 CivilRights.FHWA@dot.gov What happens after a complaint is filed? If your complaint is forwarded to another agency, you will be provided the name and contact information of the employee handling your complaint. Federal law prohibits retaliation against individuals because they have filed a discrimination complaint or otherwise participated in a discrimination investigation. Any alleged retaliation should be reported in writing to the investigator. FHWA will render final decisions in all cases including those investigated by WSDOT. There are no administrative appeal forums in Title VI complaints. Once FHWA issues its final agency decision, a complaint is closed. There is no prohibition against a complainant filing a Title VI complaint simultaneously with an LPA, WSDOT, and FHWA. Appendix 28.91 VIII. Title VI Complaint Form Please complete this form to the best of your ability. If you need translation or other assistance, contact_Kim Amrine, Administrative Assistant Sr., Title VI Coordinator, Lewis County Public Works, 2025 NE Kresky Avenue, Chehalis, WA 98532 or Kim.Amrine@lewiscountywa.gov. Name Address City Zip Phone: Home Work Mobile Best time of day to contact you about this complaint: _ Email: Basis of Complaint(circle all that apply): Race Color National Origin (includes language access) Date of alleged incident: Who discriminated against you? Name Name of Organization Address City_ Zip Telephone Explain what happened, why you believe it happened, and how you were discriminated against. Indicate who was involved. Be sure to include how other persons were treated differently than you. If you have any other information about what happened, please attach supporting documentation to the form. (Attach additional pages if more space is needed.) Appendix 28.91 What remedy are you seeking for the alleged discrimination? Please note that this process will not result in the payment of punitive damages or financial compensation. List any other persons that we should contact for additional information in support of your complaint. Please list their names, phone numbers, address, email address below. Have you filed your complaint, grievance, or lawsuit with any other agency or court? Who When Status (pending, resolved, etc.) Result, if known Complaint number, if known Do you have an attorney in this matter? Name (print) Phone Address City Zip Signed Date IX. Public Participation • Lewis County Public Works will look at the current census data and school demographics in order to ensure minority populations are addressed • Lewis County Public Works will use google translate in order to offer our documentation for projects to the affected population. • Lewis County Public Works will hold public project meetings in the evening, in a variety of community buildings throughout the County, ensure translation services are available if anticipated, and are held in predominantly minority communities when transportation projects will specifically impact those communities. • Lewis County Public Works contracts with a translator, if needed, in order to communicate with Limited English Proficient individuals. X. Limited English Proficiency Lewis County Public Works determines LEP requirements by looking at the US Census data and the Environmental Justice data collected during planning stages of the project. The Title VI Coordinator will facilitate the translation of project documents into the Spanish language due to the percentage of Hispanic population in Lewis County. Lewis Appendix 28.91 County will use Google translate to put contract documents in both English and Spanish on our website and direct community members to that website in both English and Spanish. Environmental Justice An Environmental Justice (EJ) report is completed for every federal aid project that 1) requires ROW acquisitions or relocations; 2) requires a traffic detour; 3) result in noise impacts to sensitive receptors, specific to EJ populations; 4) result in air quality impacts; (5) result in changes to the access of the existing roadway, adjacent residences, or businesses; divide the community, restrict access to services, or affect the overall cohesion of the community; and/or result in or increase exposure to hazardous materials or other health effects. The EJ memorandum includes an analysis of potential impacts to minority and low-income peoples. EJ population's data for the project area is collected using census data from the Environmental Justice Screening Tool run by the US Environmental Protection Agency along with student demographics data from the Office of the Superintendent of Public Instruction. The completed EJ is sent to Local Programs for approval prior to construction approval. Xl. Notice of Title VI Rights Lewis County Public Works has placed a Title VI program page on our website with information translated in Spanish (our second most prevalent language). Notices for projects will be placed on our website in English and Spanish with advertisements stating the Spanish version is available online. Your Rights against Discrimination under Title VI of the Civil Rights Act of 1964 Lewis County Public Works hereby gives public notice that it is the Agency'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, 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 Agency 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 Lewis County Public Works. Any such complaint filed with the Lewis County Public Works Title VI Coordinator within 180 days following the date of the alleged discriminatory occurrence. Title VI discrimination Complaint Forms may be obtained from the Lewis County Public Works Engineering office at no cost to the complainant. Appendix 28.91 To file a Title VI discrimination complaint, contact: Kim Amrine, Administrative Assistant Sr/Title VI Coordinator 2025 NE Kresky Avenue Chehalis, WA 98532 (360) 740-2612 Kim.Amrine©Lewiscountywa.gov Washington Department of Transportation Office of Equal Opportunity—Title VI Box 47314 Olympia, WA 98504-7314 TitleVl@wsdot.wa.gov Phone: (800) 259-9143 ATTACHMENT: USDOT 1050.2A, Standard Assurances with Appendices The United States Department of Transportation (USDOT)Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A The Lewis County Public Works (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT),through Washington State Department of Transportation (WSDOT), is subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, 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 from DOT, including the Washington State Department of Transportation. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically,and without limiting the above general Assurance,the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program: 1. The Recipient agrees that each "activity," "facility," or"program," as defined in §§ 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity")facilitated, or will be (with regard 1 to a "facility")operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal-Aid Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The Lewis County Public Works, in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, 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 Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property,the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient 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. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program,except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient,or any transferee for the longer of the following periods: 2 a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts,the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts,the Regulations,and this Assurance. By signing this ASSURANCE, Lewis County Public Works also agrees to comply(and require any sub- recipients, sub-grantees, contractors,successors, transferees,and/or assignees to comply) with all applicable provisions governing the Lewis County Public Works access to records, accounts, documents, information,facilities, and staff.You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the Lewis County Public Works.You must keep records, reports, and submit the material for review upon request to Lewis County Public Works,or its designee in a timely,complete, and accurate way.Additionally,you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. Lewis County Public Works gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Highway Administration.This ASSURANCE is binding on Washington State Department of Transportation, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors',transferees, successors in interest,and any other participants in the Federal-Aid Highway Program.The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. Lewis County Public Works (Name of Recipient) by ' (Signature of Authorized Official) DATED f'//C/ IL'/ 3 APPENDIX A 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(hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation,Washington State Department of Transportation, as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination:The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color,or national origin. 4. Information and Reports:The contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract,the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling,terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, A unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor becomes involved in, or is threatened with litigation by a subcontractor,or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. A APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW,THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Lewis County Public Works 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 Washington State Department of Transportation, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252;42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Lewis County Public Works all the right,title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Lewis County Public Works 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 Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Lewis County Public Works, its successors and assigns. The Lewis County Public Works, 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 will on the grounds of race,color, 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]* (2) that the Lewis County Public Works will use the lands and interests in lands and interests in lands so conveyed, 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, Non-discrimination 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 and Acts may be amended [, and (3)that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) B APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY,OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Lewis County Public Works pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate)for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this(deed, license, lease, permit, etc.)for a purpose for which a U.S. Department of Transportation activity,facility, or program is extended or for another purpose involving the provision of similar services or benefits,the(grantee, licensee, lessee, permittee,etc.)will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, Lewis County Public Works will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Lewis County Public Works will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Lewis County Public Works and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) C APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Lewis County Public Works pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land")that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, 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 the furnishing of services thereon, no person on the ground of race, color,or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3)that the (grantee, licensee, lessee, permittee,etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, Lewis County Public Works will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit,etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, Lewis County Public Works will there upon revert to and vest in and become the absolute property of Lewis County Public Works and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) D APPENDIX E During the performance of this contract,the contractor, for itself, its assignees, and successors in interest(hereinafter referred to as the "contractor")agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition 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 discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin,or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination 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 Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). E LBOCC AGENDA ITEM SUMMARY Resolution: 21-192 BOCC Meeting Date: May 18, 2021 Suggested Wording for Agenda Item: Agenda Type: Deliberation Approving a Title VI Non-Discrimination Agreement between Lewis County and Washington State Department of Transportation and authorizing signatures thereon Contact: Josh Metcalf Phone: 360-740-2762 Department: PW - Public Works Description: This Resolution will approve a Title VI Non-Discrimination Agreement between Lewis County and Washington State Department of Transportation. Approvals: Publication Requirements: Publications: User Status PA's Office Pending Additional Copies: Cover Letter To: Kim Amrine, PW; Geoff Soderquist, PW; Josh Please send executed resolution and Metcalf, PW; Tim Fife, PW agreements to Kim so I can attach appropriate documents and send to WSDOT. Thank you.