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2010-17RESOLUTION 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 23RD DAY OF MARCH, 2010. ATTEST: i UIJ� AI2ENDA R. WHEELER, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA B E. REALPH, MAYOR 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 LPA's 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. Cyo( Mayor ) � Gf � Z3 . 2O ► U 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 B 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. 2/12 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. 3/12 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 agreement, "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 it's 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. Conduct Title VI 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. g) h) Conduct training programs on Title VI and related statutes. 4/12 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. 5/12 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 1 964, 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 LPA's 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 LPA's 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. 5. 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 7/12 Sanctions In the event the LPA fails or refuses to comply with the terms of this agreement, the NDOR may take any or all of the following actions: a) Cancel, terminate, or suspend this agreement in whole or in part; b) Refrain from extending any further assistance to the LPA under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the LPA. c) Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the LPA. d) Refer the case to the Department of Justice for appropriate legal proceedings. NEBRASKA DEPARTMENT OF ROADS: ( Signature Civil Rights Coordinator Title /!/Iqa 3I 2 l v Date � Blair, Nebraska: J mes ealph Mayor (1._ P " - ° - - , ) Z3 J ZOf6 Date 8/12 APPENDIXA 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 shall comply with the Regulation relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter "FHWA ") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability /handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Solicitations for Subcontractors, 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 shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability /handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the (Recipient) or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City of Blair, Nebraska, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (3) (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Blair, Nebraska shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the contractor under the contract until the contractor complies, and /or (b.) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the City of Blair, Nebraska or the FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City of Blair, Nebraska to enter into such litigation to protect the interests of the City of Blair, Nebraska, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 9/12 APPENDIX B A. The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the (Name of Recipient) will accept title to the lands and maintain the project constructed thereon, in accordance with City of Blair, Nebraska, the Regulations for the Administration of any Transportation or Enhancement Program and the policies and procedures prescribed by FHWA, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation and Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related Statutes (hereinafter referred to as the Regulations) 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 (Name of Recipient) all the right, title and interest of the 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 (Name of Recipient) 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 shall be binding on the (Name of Recipient), its successors and assigns. The (Name of Recipient), in consideration or 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 shall on the grounds of race, color, or national origin, sex, age, and disability /handicap, 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 (Name of Recipient) shall 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, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related Statutes — Implementation and Review Procedures, and as said Regulations may be amended [,] and (3) that in the event of breach of any of the above - mentioned nondiscrimination conditions, the Department shall have a right to re -enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.* 10/12 The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the the City of Blair, Nebraska pursuant to the provisions of Assurance 6(a). The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his 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 in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of- Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related Statutes — Implementation and Review Procedures, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.] That in the event of breach of any of the above nondiscrimination covenants, (Name of Recipient) shall have the right to terminate the [license, lease, permit, etc.] and to re -enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. [Include in deed.]* APPENDIX C That in the event of breach of any of the above nondiscrimination covenants, (Name of Recipient) shall have the right to re -enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of (Name of Recipient) and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by (Name of Recipient) pursuant to the provisions of Assurance 6(b). The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his 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, sex, age, and disability /handicap, shall 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, sex, age, and disability /handicap, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations. Department of Transportation, Subtitle A, Office of the Secretary. Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964), Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related Statutes — Implementation and Review Procedures, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of any of the above nondiscrimination covenants, Blair, Nebraska shall have the right to terminate the [license, lease, permit, etc.] and to re -enter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. 11/12 [Include in deeds] That in the event of breach of any of the above nondiscrimination covenants, the City of Blair, Nebraska shall have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of The City of Blair, Nebraska and its assigns. 12/12