2021-12-17 - LPA Compliance1; CITY Of BLAIQ
rO�/Se of ave
December 17`h, 2021
Nebraska Department of Roads
Valerie Kimble, NDOT Highway Civil Rights Specialist
1500 Hwy 2, PO Box 94759
Lincoln, NE 68509-4759
Re: City of Blair LPA Compliance Questionnaire
Dear Ms. Kimble:
Please find the completed survey and all supporting information that I feel reflects the answers and/or
the reality of how Blair complies with Americans with Disabilities Act/Section 504. Once you have
reviewed everything should you have questions, feel free to contact me. I would be happy to visit with
you on any concerns you may have.
Sincer ly,
Rodney A2rm
City Administrator
City of Blair
218 South 16th Street • Blair, Nebraska 68008 • 402-426-4191 • Fax 402-426-4195 • E-mail cityofblair@ci.blair.ne.us aP "
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❑ Q O .n o U Q> U M m L U I- m e v= (a H (L) 41 U m U m u 'o
RESOLUTION NO. 2010 -19
TITLE VI -CIVIL RIGHTS
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
Whereas: Certain transportation facilities (roads, streets, trails, and others) in Blair, Nebraska have
been designated as being eligible for federal funds by the Federal Highway Administration in
compliance with federal laws pertaining thereto;
Whereas: Blair, Nebraska desires to continue to participate in Federal -Aid transportation
construction programs;
Whereas: The Nebraska Department of Roads as a recipient of said Federal funds is charged with
oversight of the expenditures of said funds;
Whereas: Blair, Nebraska as a sub -recipient of said Federal -Aid funding is charged with the
responsibility of expending said funds in accordance with Federal and State law, the rules and
regulations of the Federal Highway Administration, the requirements of the Local Public Agency
(LPA) Guidelines Manual of the Nebraska Department of Roads and the Americans with
Disabilities/Section 504 — Civil Rights Policy of Blair, Nebraska; and
Whereas: Blair, Nebraska understands that the failure to meet all requirements for federal funding
could lead to a project(s) being declared ineligible for federal funds, which could result in Blair,
Nebraska being required to repay some or all of the federal funds expended for a project(s).
Be It Resolved: The Blair, Nebraska City Council does hereby adopt and bind itself to comply with
all applicable federal law, including the rules and regulations of the Federal Highway
Administration, all applicable state law and rules and regulations (Nebraska Administrative Code)
and the requirements of the LPA Guidelines Manual of the Nebraska Department of Roads and the
Americans with Disabilities/Section 504 — Civil Rights of Blair, Nebraska.
Be It Further Resolved: The Blair, Nebraska City Council does hereby designate the following as
responsible for the management of the Americans with Disabilities/Section 504 — Civil Rights
process: the Americans with Disabilities/Section 504 coordinator for Blair, Nebraska is the Building
Inspector.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON ROLL
CALL, COUNCIL MEMBERS VOTING "AYE" KEPHART, STEWART, FANOELE,
CHRISTIANSEN, WOLFF, ABBOTT AND JENSEN COUNCIL MEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 23RD DAY OF MARCH, 2010.
CITY OF BLAIR, NEBRASKA
BY
(!��)ES REALPH, MAYOR
ATTEST:
&,/,
1,1,6,
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said city held on the 23rd day of
March, 2010.
RESOLUTION 2010-17
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair desires to participate in Federal -Aid Transportation
construction programs and has been awarded Federal -Aid funding; and
WHEREAS, the Nebraska Department of Roads as a recipient of said Federal Funds is.
charged with the oversight of the expenditures of said funds and, it is necessary for the City of
Blair as a sub -recipient to comply with all the requirements set forth by the Federal Highway
Administration pertaining to this funding; and
WHEREAS, a condition of a sub -recipient of said Federal -Aid funding is the adoption of
the Title VI Nondiscrimination Agreement between the Nebraska State Department of Roads and
the City of Blair.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, declare the Title VI Nondiscrimination Agreement and Civil Rights
Policy is hereby adopted by the City of Blair, and a copy of such Agreement is attached hereto,
marked Exhibit "A" and by this reference made a part hereof, and
BE IT FURTHER RESOLVED, that the foregoing Title VI Nondiscrimination
Agreement and Civil Rights Policy shall be effective upon the passage of this Resolution as
required by law and shall apply to all current and future programs and activities.
COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, KEPHART, ABBOTT, FANOELE,
WOLFF, JENSEN AND CHRISTIANSEN, VOTING "AYE" AND COUNCIL MEMBERS
NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND APPROVED THIS 231ZD DAY OF MARCH, 2010.
CITY OF BLAIR, NEBRASKA
B
JAMES E. REALPH, MAYOR
ATTEST:
BRPNDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R.WHEELER, hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the
23rd day of March, 2010.
BRENDA WHEELER, CITY CLERK
Policy Statement
The Local Public Agency, hereinafter referred to as the "LPA," assures that no person shall on the grounds of
race, color, national origin, age, disability/handicap or sex, as provided by Title VI of the Civil Rights Act of 1964,
and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial
assistance. The LPA further assures every effort will be made to ensure nondiscrimination in all of its programs
and activities, whether those programs and activities are federally funded or not.
The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by expanding the definition of
terms "programs or activities" to include all programs or activities of Federal Aid recipients, sub -recipients, and
contractors/consultants, whether such programs and activities are federally assisted or not (Public Law 100259
[S.557] March 22, 1988.)
Pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the LPA hereby
gives assurance that no qualified disabled person shall, solely by reason of his disability, be excluded from
participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination
in employment, under any program or activity that receives or benefits from this Federal financial assistance.
In the event the LPA distributes federal aid funds to a sub -recipient, the LPA will include Title VI language in all
written agreements and will monitor for compliance.
The LPNs City Administrator, is responsible for initiating and monitoring Title VI activities, preparing reports and
other responsibilities as required by 23 Code of Federal Regulation(CFR) 200 and 49 Code of Federal Regulation
21.
.�AV t__ - - - __1
F�ea
C(LA
Mayor
A Ck If uk z3 �►�
Date
1/12
Title VI Program
Organization and Staffing
Pursuant to 23 CFR 200, (LPA) has appointed a Title VI Coordinator who is responsible for Attachment 1, which
describes the hierarchy for (LPA)'s Title VI Program, including an organization's chart illustrating the level and
placement of Title VI responsibilities.
Standard DOT Assurances
49 CFR Part 21.7
The (LPA) hereby gives assurances:
1. That no person shall on the grounds of race, color, national origin, age, disability/handicap and sex, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity conducted by the LPA regardless of whether those programs and activities are Federally
funded or not. Activities and programs which the LPA hereby agrees to carry out in compliance with Title VI
and related statutes include but are not limited to:
List all major programs and activities of the LPA and Title VI responsibilities for each one of them.
Include information as Attachment 2 to this Nondiscrimination Agreement.
That the LPA agrees that each "program" and each "facility as defined in subsections 21.23(e) and
21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a
"facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations.
® That the LPA shall insert the following notification in all solicitations for bids for work or material
subject to the Regulations and made in connection with all Transportation and Enhancement
Programs and, in adapted form in all proposals for negotiated agreements:
2. The (LPA), in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat, 252, 42 U.S.0 2000d to 2000d-4
and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office the Secretary, Part
21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidden that it will affirmatively insure that in any contact entered into pursuant to
this advertisement, minority business enterprises will be affored full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, or national origin, sex, age
and disability/handicap in consideration for an award.
3. That the LPA shall insert the clauses of Appendix A of this assurance in every contract subject to the Act and
the Regulations.
4. That the LPA shall insert the clauses of Appendix S of this assurance, as a covenant running with the land, in
any deed from the United States effecting a transfer of real property, structures, or improvements thereron, or
interest therein.
5. That where the LPA receives Federal financial assistance to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and facilities operated in connection therewith.
6. That where the LPA receives Federal financial assistance in the form, or for the -acquisition of real property or
an interest in real property, the assurance shall extend to rights to space on, over or under such property.
.....,. ----
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7.. That the LPA shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant
running with the land, in any future deeds, leases, permits, licenses, and similar agreements. entered into'by
the LPA with other parties: (a) for the subsequent transfer of real property acquired or improved under any''
Transportation or Enhancement Program; and (b) for the construction or use of or. access to space on, over or
under real property acquired, or improved under any Transportation or Enhancement Program.
8. That this assurance obligates the LPA 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 LPA or any transferee for the longer of the following periods: (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 LPA retains
ownership or possession of the property.
9. The LPA shall provide for such methods of administration for the program as are found by the Secretary of
Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it,
other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all requirements imposed or
pursuant to the Act, the Regulations and this assurance.
10. The LPA agrees that the United States has a right to seek judicial enforcement with regard to any matter
arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,
contracts, property, discounts or other Federal financial assistance extended after the date hereof to the LPA
Department of Transportation under the Transportation and Enhancement Programs and is binding on it, other
recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants in
the Transportation and Enhancement Programs. The person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the LPA.
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Implementation Procedures
This agreement shall serve as the LPA's Title VI plan pursuant to 23 CFR 200 and 49. CFR 21.
For the purpose of this agreemerit, "Federal Assistance" shall include:
1) grants and loans of Federal funds,
2) the grant or donation of Federal property and interest in property,
3) the detail of Federal personnel,
4) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal
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 assisting the LPA, or in recognition of the public
interest to be served by such sale or lease to the LPA, and
5) any Federal agreement, arrangement, or other contract which has as one of its purposes, the
provision of assistance.
The LPA shall:
a) Issue a policy statement, signed by the head of the LPA, which expresses its commitment to the
nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the LPA's
organization and to the general public. Such information shall be published where appropriate in
languages other than English.
b) Take affirmative action to correct any deficiencies found by NDOR or the United States Department of
Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to
implement Title VI compliance in accordance with this agreement. The head of the LPA shall be held
responsible for implementing Title VI requirements.
c) Designate a coordinator who has a responsible position in the organization and easy access to the
head of the LPA. The coordinator shall be responsible for initiating and monitoring Title VI activities
and preparing required reports.
d) Develop and implement a community outreach and public education program.
e) Process complaints of discrimination consistent with the provisions contained in this agreement.
Investigations shall be conducted by civil rights personnel trained in discrimination complaint
investigation. Identify each complainant by race, color, national origin or sex, the nature of the
complaint, the date the complaint was filed, the date the investigation was completed, the disposition,
the date of the disposition, and other pertinent Information. A copy of the complaint, together with a
copy of the LPA's report of investigation, will be forwarded to NDOR's Highway Civil Rights
Coordinator within 10 days of the date the complaint was received by the LPA.
f) Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries of the
programs and activities conducted by the LPA.
g) Conduct Title V1 reviews of the LPA and sub -recipient contractor/consultant program areas and
activities. Revise where applicable, policies, procedures and directives to include Title VI
requirements.
h) Conduct training programs on Title VI and related statutes.
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i) . Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year.
1) Annual Work Plan
Outline Title VI monitoring and review activities planned for the coming year; state by which each
activity will be accomplished and target date for completion.
2) Accomplishment Report
List major accomplishments made regarding Title VI activities. Include instances where Title VI
issues were identified and discrimination was prevented. Indicate activities and efforts the Title VI
Coordinator and program area personnel have undertaken in monitoring Title VI. Include a
description of the scope and conclusions of any special reviews (internal or external) conducted
by the Title VI Coordinator. List any major problem(s) identified and corrective action taken.
Include a summary and status report on any Title VI complaints filed with the LPA. Include a listing
of complaints received against sub -recipients, as well as a summary of complaint and actions
taken.
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Discrimination Complaint Procedures." Allegations of Discrimination in Federally
Assisted Programs or Activities
1. Any person who believes that he or she, individually, as a member of any specific class, or in connection with
any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil
Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act
of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the LPA. A
complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to
the LPNs Title VI Coordinator for review and action.
2. In order to have the complaint consideration under this procedure, the complainant must file the complaint no
later than 180 days after:
a) The date of alleged act of discrimination; or
b) Where there has been a continuing course of conduct, the date on which that conduct was
discontinued.
In either case, the LPA or his/her designee may extend the time for filing or waive the time limit in the interest
of justice, specifying in writing the reason for so doing.
3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative.
Complaints shall set forth as fully. as possible the facts and circumstances surrounding the claimed:
discrimination. in the event that a person makes a verbal complaint of discrimination to an officer or employee
of the LPA, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator
will assist the person in reducing the complaint to writing and submit the written version of the complaint to the
person for signature. The complaint shall then be handled according to the LPXs investigative procedures.
4. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of
procedures to be followed, and advise the complainant of other avenues of redress available, such as NDOR
and USDOT.
6. The LPA will advise NDOR within 10 days of receipt of the allegations. Generally, the following information will
be included in every notification to NDOR:
a) Name, address, and phone number of the complainant.
b) Name(s) and address (es) of alleged discriminating official(s).
c) Basis of complaint (i.e., race, color, national origin or sex)
d) Date of alleged discriminatory act(s).
e) Date of complaint received by the LPA.
f) A statement of the complaint.
g) Other agencies (state, local or Federal) where the complaint has been filed.
h) An explanation of the actions the LPA has taken or proposed to resolve the issue raised in the.
complaint.
6. NDOR will forward the complaint to FHWA. FHWA Office of Civil Rights will determine the appropriate
individual and/or organization to conduct the investigation.
6/12 ---
7. Within .60 days, the Title VI. Coordinator will conduct an investigation of the allegation ,and based on the
information obtained, will render a recommendation for action in a report of findings to the head of the LPA..
The complaint should be'resolved by informal means whenever possible. Such informal attempts and their
results will be summarized. in the report of findings.
8. Within 90 days of receipt of the complaint, the head of the LPA will notify the complainant in writing of the final
decision reached, including the proposed disposition of the matter. The notification will advise the complainant
of his/her appeal rights with NDOR, or USDOT, if they are dissatisfied with the final decision rendered by the
LPA. The Title VI Coordinator will also provide NDOR with a copy of this decision and summary of findings
upon completion of the investigation.
9. Any complaints received against the LPA should immediately be forwarded to NDOR for investigation. The
LPA will not investigate any complaint in which it has been named in the complaint.
10. Contacts for the different Title VI administrative jurisdictions are as follows:
Nebraska Department of Roads
Human Resources, Title VI Program
1500 Highway 2, P.O. Box 94759
Lincoln, NE 68509-4759
(402) 479-4870
Federal Highway Administration
Nebraska Division Office
100 Centennial Mall North
Lincoln, NE 68508
(402)437-5765
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RESOLUTION NO. 2010 - 20
TITLE VI -CIVIL RIGHTS
Americans with Disabilities/Section 504 of Rehabilitation Act
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: .
Whereas: Certain transportation facilities (roads, streets, trails, and others) in Blair, Nebraska have
been designated as being eligible for federal funds by the Federal Highway Administration in
compliance with federal laws pertaining thereto;
Whereas: Blair, Nebraska desires to continue to participate in Federal -Aid transportation
construction programs;
Whereas: The Nebraska Department of Roads as a recipient of said Federal funds is charged with
oversight of the expenditures of said funds;
Whereas: Blair, Nebraska as a sub -recipient of said Federal -Aid funding is charged with the
responsibility of expending said funds in accordance with Federal and State law, the rules and
regulations of the Federal Highway Administration, the requirements of the Local Public Agency
(LPA) Guidelines Manual of the Nebraska Department of Roads and the Americans with
Disabilities/Section 504 — Civil Rights Policy of Blair, Nebraska; and
Whereas: Blair, Nebraska understands that the failure to meet all requirements for federal funding
could lead to a project(s) being declared ineligible for federal funds, which could result in Blair,
Nebraska being required to repay some or all of the federal funds expended for a project(s).
Be It Resolved: The Blair, Nebraska City Council does hereby adopt and bind itself to comply with
all applicable federal law, including the rules and regulations of the Federal Highway
Administration, all applicable state law and rules and regulations (Nebraska Administrative Code)
and the requirements of the LPA Guidelines Manual of the Nebraska Department of Roads and the
Americans with Disabilities/Section 504 — Civil Rights of Blair, Nebraska.
Be It Further Resolved: The Blair, Nebraska City Council does hereby designate the following as
responsible for the management of the Americans with Disabilities/Section 504 — Civil Rights
process: the Americans with Disabilities/Section 504 coordinator for Blair, Nebraska is the Building
Inspector.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER KEPHART. UPON ROLL
CALL, COUNCIL MEMBERS VOTING "AYE" KEPHART, STEWART, ABBOTT, FANOELE,
CHRISTIANSEN, WOLFF AND JENSEN . COUNCIL MEMBERS NONE VOTING "NAY",
THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS
23RD DAY OF MARCH, 2010.
CITY OF BLAIR, NEBRASKA
BY
S REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said city held on the 23rd day of
March, 2010.
" U--� L
BRENDA R. WHEELER, CITY CT ERI