HomeMy WebLinkAbout2016-07-05-Resolutions 16-280_Title VI Non-Discrimination Agr - Standard AssurancesTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-280
APPROVING TITLE VI NON-DISCRIMINATION AGREEMENT BETWEEN
THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
WAUKKK,IOWA
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF IYzt U~E,IOWA
WHEREAS,the City of Waukee is a duly organized municipality within Dallas County;
AND,
WHEREAS,every application for Federal financial assistance or continuing Federal
assistance that is passed through the Iowa Department of Transportation must provide a
statement of assurance and give reasonable guarantee that the program shall be conducted
in compliance with all requirements imposed by or pursuant to the Non-discrimination in
Federally Assisted Programs of the Department of Transportation —Effectuation of Title
VI of the Civil Rights Act of 1964;AND,
WHEREAS,the Iowa Department of Transportation has provided a Title VI Non-
Discrimination Agreement and Standard DOT Title VI Assurances,attached hereto as
Exhibit A,that shall serve as the City of Waukee's Title VI plan.
NOW THEREFORE BE IT RESOLVED by the City Council of Waukee,Iowa on the
5'of July,2016,does hereby approve the Title VI Non-Discrimination Agreement
between the Iowa Department of Transportation and the City of Waukee,I a.
lliam .Peard,Mayo
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
VACANT SEAT
AYE
X
X
X
NAY ABSENT ABSTAIN
X
i'
/+rttl!ows Department oF Transportation
Form fuorn in&.'2',RECEIVE(3 -CIVIL F(IG)-I"fS
Title Vl Non-Discrimination Agreement
lowe Department of Transportation UL 6 20)G
IOWA DEPT.OF TRANSPORTA I
CITY of 'vVAUKEE,IOWA
RANSPORTATION
Agency Information
Name snd Sile of adminstrative head
Name:William F Pcard Title:Mayor.City of'Wsukec
Address:2.&0 West Hickman Road
City:Wsukce State:IA ZIP Code:50263 County;Dallas County
Phone/FAX:5 I5-978-7904 Email:mayorpcsrd09gmai(.corn
Name snd litle cf designated Title Vl coordinator
Name.Rebecca D Schuett Title:City Clerk
Address 230 West I-Iickman Road
City.'&Vaukce
Phone/FAX:515-978-7904
State:IA ZIP Code:50263 County Dallas County
Email:bschuettAc,waukee.org
'If the Title Vl coordinator changes,please contact ths lowe DOT Title Vi speoslist
Title Vl Program
Organization and staffing
Pursuant lo 23 C.F.R.8 200,CITY of WAUKEE,IOWA
has appointed a Title Vl coordinator identified above,who is responsible for implementing and
monitoring the local public agency's (LPA's)Title Vl program per this agreement,and is the
representative for issues and actions pertaining to this agreement.The LPA will provide the lowe
Department of Transportation with a copy of the LPA's organizational chart that illustrates the level
and placement of the Title Vl coordinator.
The LPA will notify the lowe DOT in writing of any changes to the LPA's organization chart,Title Vl
coordinalor or Title Vl coordinator contact information.
Assurances required
Pursuant to 49 C.F.R.8 21.7,every application for federal financial assistance or continuing federal
financial assistance musl provide a statement of assurance and give reasonable guarantee that the
program is (or,in the case of a new program,will be)conducled in compliance with all requirements
imposed by or pursuant to 49 C.F.R.g 21 (Nondiscrimination in Federally Assisted Programs of the
Department of Transportation —Effeciuation of Title Vl of the Civil Rights Act of 1964),Fully
executed standard DOT Assurances (including Appendices A,B and C)are attached to this
agreement,
Page 1 of 7
Impleme
This agre
For the pu
The LPA shall:
ntation procedures
emenl shall serve as the LPA's Title Vl plan pursuant to 23 C.F.R,jj 200 and 49 C.F.R.rt 21
rpose of this agreement,"federal assistance"shall include all of the following
Grants and loans of federal funds.
The grant or donation of federal property and/or interest in property.
The detail of federal personnel.
The sale and lease of,and 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
considerabon,or at a consideration thai is reduced for the purpose of assisting Ihe LPA,or
in recognition of the public interest to be served by such sale or lease to the LPA.
Any federal agreement,arrangement or other contract that has as one of ils purposes the
provision of assistance.
2.
6.
9
10.
issue a policy statement,signed by the head of the LPA,which expresses its commitment to
the nondiscrimination provisions of Title Vl.The policy statement shall be circulated
throughout the LPA's organization and to the pubhc.Such information shall be published
where appropriate in languages other than English.
Take affirmative action to correct any deficiencies found by the lowe DOT,Federal Highway
Administration or U.S.Department of Transportation (USDQT)within a reasonable lime
period,not to exceed 90 days,to implement Title Vl compliance in accordance with this
agreement.The head of the LPA shall be held responsible for implementing Title Vl
requirements.
Designate a Title Vl coordinator who has a responsible position in the organization and easy
access to the head of the LPA.The coordinator shall be responsible for implementing and
monitoring Title Vl activities and preparing required reports,
Develop and implement a public involvement plan that includes low-income and minority
community outreach and ensures lhose persons who are limited-English proficient (LEP}
can access services.
Process complainis of discrimination consistent with the provisions contained in this
agreement.Investigations shall be conducted by civil rights personnel trained in
discrimination complainl investigations.Identify each complainant by race,coior,national
origin or gender,the nature of the complaint,date the complaint was filed,date the
investigation was completed,disposition,date of disposition,and other pertinent
information.A copy of the complaint,together with a copy of the LPA's report of
investigation,shall be foiwardect to the lowe DOT's civil rights coordinaior within 60 days of
the date the complaint was received by lhe LPA.
Collect statistical data (race,color,national origin,age,gender,disability,LEP and income of
populations in service area}of participants in,and beneficiaries of,the programs and
activities conducted by the LPA.
Conduct Title VI self-assessment of the LPA's program area".and activities,and of second-
tier sub-recipients,contractor/consultant prcgram areas and activities,Where applicable,
revise policies,procedures and directives lo include Title Vl requirements.Ensure that
programs,policies,and other activities do not have disproportionate adverse effects on
minority and low-income populations.
Conduct training programs on Title Vl and related statules.
Prepare a yearly report of Title Vl accomplishments and changes to the program covering
the pnor year,and identify goals and objectives (or the coming year,
o Annual work plan:Outline Title Vl monitoring and review activities planned for the
coming year;and indicate a target date for completion.
o Accomplishment report:List major accomplishments made regarding Title Vl
activities,Include instances where Title Vl issues were identified and discrimination
was prevented.Indicate activities and efforts the Title Vl coordinator and program
area personnel have undertaken in monitoring Title Vl,Include a description of the
scope and conclusions of any special internal and external reviews conducted by
the Title Vl coordinator.List any major problem(s)identified and corrective action(s)
taken.Include a summary and status report on am/Title Vl complaints filed with the
LPA.Include a listing of complaints received against second-lier sub-recipients,if
any,as well as a summary of complaints end actions taken.
Include Title Vl compliant language in all contracts to second-tier sub-recipients.
Page 2 of 7
IV,Discrimination complaint procedures —allegations of discrimination in federally
assisted programs or activities
The LPA adopts the following discrimination complaint procedures for complaints relating lo
federally assisted transportation-related programs or activities.
Filing a discrimination complaint:Any person who believes that he or she,or any class of
individuals,or in connection with any disadvantaged business enterprise,has been or is
being subjected to discrimination prohibited by Title Vl of the Civil Rights Act of 1964,
42 U.S.C.g 2000d;the Americans with Disabilities Act of 1990,42 U.S C.gg 12101 el seq;
Section 504 of the Rehabilitation Act of 1973,29 U.S.C.gb 701 et seqc and the Cwil Rights
Resloralion Act of 1987,Pub.L.No,100-259,102 Stat.28,has the right Io file a complaint
Any individual wishing to file a discrimination complaint must be given the option to file the
complaint with the LPA,or directly with the lowe DOT,FHWA,USDOT and U.S.Department
of Justice .Complaints may be filed with all agencies simultaneously.
No individual or agency shall refuse service,discharge or retaliate in any manner against
any persons because that individual has filed a discnmination complaint,instituted any
proceeding related to e discrimination complaint,testified,or is about to testify,in any
proceeding or investigation related to a discrimination complaint,or has provided
information or assisted in an investigation.
Complaint filing time-frame:A discrimination complaint must be filed within 180 calendar
days of one of the following,
(a)The alleged act of discrimination.
(b)Date when Ihe person(s)became aware of the alleged discrimination
{c)Date on which the conduct was discontinued,if there has been a continuing
course of conduct.
The LPA or their designee may extend the time for filing or waive the time limit in the interest
of iustice,specifying in writing the reason for so doing.
Contents of a complaint:A discrimination complaint must be written.The document must
contain the following information.
a)The complainant's name and address,or other means by which the
complainant may be contacted.
b)Identification of individual(s)or organizabon(s)responsible for the alleged
discrimination.
c)A description of the complainant's allegations,which must include enough
detail to determine if Ihe LPA has jurisdiction over the complaint and if the
complaint was filed timely.
d}Specific prohibited bases of alleged discrimination (i.e.,race,color,gender,
etc.)
e)Apparent merit of the complaint.
I)The complainant's signature or signature of his/her authorized
representative.
In the event that a person makes a verbal complaint of discriminaiion to an officer or
employee of the LPA,Ihe complainant shall be interviewed by Ihe LPA's Title Vl coordinator.
if necessary,the Title Vl coordinator will assist the complainant in reducing the complaint to
writing and then submit the written version of the complaint to the person for signature.
4 Complaints against the LPA:Any complaints received against Ihe LPA should immediately
be forwarded to the lowe DOT for investigation.The LPA shall not investigate any complaint
in which it has been named in the complainL The contact information for the lovra DOYs
Title Vl program is;
lowe Department of Transportation
Office of Employee Services —Civil Rights
800 Lincoln Way
Ames,lowe 50010
515-239-1422
51 5-817-6502 (fax)
dot.civilrights@doLiowa.gov
Page 3 of 7
Notice of Receipt:Ail complaints shall be referred to the LPA's Title Vl coordinator for review
and action.Within 10 days of receipt of the discrimination complaint,Ihe coordinator shall issue
an initial written Notice of Receipt Ihak
a)Acknowfedges receipt of the discnrnination complaint.
b)Advises the complainant of his/her right lo seek representation by an atiorney or
other individual of his or her choice in the discrimination complaint process.
c)Contains a list of each issue raised in the discrimination complainL
d)Advises the complainant of the timeframes for processing the discrimination
complaint and providing a determination.
e)Advises the complainant of other avenues of redress of their complaint,including
the Iowa DOT,FHWA,USDOT and USDOJ.
Notification of the iowa DOT of a complaint:The LPA shall advise the Iowa DOT within 10
business days of receipt of the complaint.Generally,the Following information will be included in
every notification to the lowe DOT.
a)Name,address and phone number of the complainanl,
b)Name(s)and address(es)of alleged discriminating official(s).
c)Basis of complaint (i,e.,race,color,national origin,gender).
d)Date of alleged discriminatory act(s).
e)Date of complaint received by the LPA.
f)A statement of the complainL
g)Other agencies (state,local or federal)where the complaint has been filed.
h)An explanation of the actions the LPA has laken or proposed to resolve the
issue identified in the complaint,
Processing a complaint and time-frame:The total time allowed for processing the
discrimination complaint is 90 calendar days from the dale the complaint was filed.There is no
extension available at this level.This time-frame includes 60 caiendar days at the LPA level and
30 days for review at Ihe state level,if needed,
If the complainant elects to file a complaint with both the LPA and Iowa DOT,Ihe complainant
shall be informed that the LPA has 90 calendar days to process the discnmination complaint and
the lowe DOT shall not investigate the complaint until the 90 calendar-day period has expired.
Immediately after issuance of the Notice of Receipt to the complainant (step four),Ihe LPA's Title
Vl coordinator shall either begin the fact-finding or investigation of the discriminalion complaint.
or arrange to have an investigation conducted.
Based on the information obtained during thai investigation,the coordinator shall render a
recommendation for action in a Report of Findings to the head of Ihe LPA.
Alternative dispute resolution/mediation process:The complainant must be given an
invitation to participate in mediation to resolve the complaint by informal means.The LPA's Title
Vl coordinator shall include an invitation to mediation with Ihe Nolice of Receipt,offering the
opportunity to use Ihe alternative dispute resolution/mediation process.
If the complaint selects mediation,il allows disputes lo be resolved in a less adversarial manner.
With mediation,a neutral party assists Iwo opposing parties in a dispute come to an agreement
to resolve their issue.The mediator does not function as a judge or arbiter,but simply helps the
parties resolve the dispute themselves.
Upon receiving a request to mediate,the LPA's Title Vl coordinator shall identify or designate a
mediator who must be a neutral and impartial third party The mediator must be a person
acceptable to ail parties and who will assist the parties in resolving their disputes.
If Ihe complainant chooses to participate in mediation,she or he or the designee must respond in
writing within 10 calendar days of the date of the invitation.This written acceptance must be
dated and signed by the complainant and must also include the relief sought.
Page 4 of 7
Afler mediation is arranged,a written confirmation identifying the dale,lime and location oi
the mediation conference shall be sent to both parties.If possible,the mediabon process
should be completed wilhin 30 calendar days of receipt of the discrimination complainL This
will assist in keeping within the 90 calendar-day time-frame of the written Notice of Final
Action if Ihe mediation is not successful.
If resolution is reached under mediation,the agreement shall be in writing.A copy of Ihe
signed agreement shall be sent Io Ihe lowe DOT's Title Vl program coordinator.If an
agreement is reached,bul a party Io it believes his/her agreement has been breached,the
non-breaching party may file another complaint.If the parties do not reach resolution under
mediation,the LPA's Title VI coordinator shall continue wilh the investigation.
Notice of Final Action:A written Notice of Final Action shall be provided to ihe complainant
within 60 days of the date the discnmination complaint was filed,It shall contain
a)A statement regarding the disposition of each issue identi/ied in the
discrimination complaint and reason for the determination
b)A copy of the mediation agreement,if the discrimination complaint was
resolved by mediation.
c)A notice that the complainant has the right to file a complaint with the lowe
DOT,FHWA,USDOT or USDOJ within 30 calendar days after the Notice of
Final Action,if she or he is dissatisfied with the final action on the
discrimination complaint.
The LPA's Title Vl coordinator shail provide the iowa DOT's Title Vl program coordinator with
a copy of this decision,as well as a summary of findings upon completion of the
investigation.Should deficiencies be noted in the implementation of these discnmination
complaint procedures by the LPA,the lowe DOT's Title Vl program coordinator will work in
conjunction with the LPA's Title Vl coordinator to review the information and/or provide
technical assistance in the discrimination complaint process,mediation process,and/or
investigation.
10.Corrective action:If discrimination is found Ihrough the process of a complaint
investigation,the respondent shall be requested to voluntarily comply with corrective
action(s)or a conciliation agreement to correct the discrimination,
11.Confidentiality:LPA and lowe DOT Title Vl program coordinators are required to keep the
following information confidential to the maximum extent possible,consistent with applicable
law and fair determination of the discrimination complaint.
a)The fact that the discrimination complaint has been filed.
b)The identity of the complainant(s),
c)The identity of individual respondents to Ihe allegations.
d)The identity of any person(s)who furnished information relative lo,or
assisting in,a complaint investigation.
12.Record keeping:The LPA's Title Vl coordinator shall maintain a log of complaints filed that
alleged discrimination.The log must include.
a)The name and address of the complainant.
b)Basis of discnmination complaint.
c)Description of complaint.
d)Date filed.
e)Disposition and date.
f)Any other pertinent information.
Ail records regarding discrimination complaints and actions taken on discrimination
complaints must be maintained for a period of not less than three years from the final date of
resolution of the complaint.
Page 5 o(7
Sanctions
In Ihe event the LPA fails or refuses to comply with the terms of Ibis agreemeit.the lowe DOT may taiga
any or all of the following achons.
a)Cancel,t rminate or suspend this agreement inwhole or in pai'..
b)Refrain from extending any hirther assistance to the LPA under the program from which tho
failure or refusai occurred,until satisfactory assurance of future compliance has been r ceived
from lhe LPA.
c)Tatte such other action that may be deemed appropnate under the wrcumstances,unlit
compliance or remedial action has been accomplished by the LPA.
d)Refer the case to the USDOJ for appropnale legal proceednogs,
IOWA DEPARTfvtENT OF.TRANSPORTATION
.'rl
Signature
I'odd Scdler,Director,Oillc»or Srnptoir.e Services
Printed Name and Title
CITY of WAUKEE,IOWAN~/
Printed Name and Title
Date Date
Page 6 ol 7
Title Vj Nonjdiscrjmination Policy Statement
The CITY of WAUKEE,IOWA ,hereinafter referred to as lhe LPA,
hereby as"urea that na person shafl on the grounds of race,color,national origin,gender,age or disabikty as
provided by Title Vl of the Civil Rights Acl of 1964,42 U.S.C.$2000d,and the Civil Rights Resioratian Acl of
1987,Pub.L.No.100-?59,102 Stat.28,be excluded from participation m,be denied the benehts of or be
otherwise subjected to discrimination under any pragram or activity receiving federal financial assistance.The
LPA further assures every effort will be made lo ansi/re nondiscrimination in all of its programs and activities,
regardles"of whether those programs and aciivities are federally funded.
It is the policy of the LPA to comply with Title Vl of the Civil Rights Act oF 1964,Title r?II af the Civil Bights Ac!of
1964,42 U.S.C.g 2000e;Age Discrimination Act af 1975,42 U.S.C.QQ 6101-6107;Uniform Relocation
Assistance and Real Property Acquisition Policies Act oF 1970,42 U.S.C.(((j 460'I-4655;1973 Federal Aid
l.iighway Act,23 U,S.C,g 324;Title IX of the Education Amendments of 1972,Pub.L.into.92-318,86 Stat.235;
Section 504 of the Rehabilitation Acl of 1973,29 U.S C.()jj 701 ei seg;Civil Rights Restoraiion Act of 1987,Pub.
L Na.100-259,102 Stat.28;Americans with Disabilities Act a/1990,42 U.S.C.gi)12101 ei seed Title Vill of the
Civil Rights Acl 1968,42 U.S,C.I 3601-3631;Exec.Order No.12898,59 Fed.Reg.7629 (1 99rl)(Federal
Actions to Address Environmental Justice in Minority Populations and Low-Income Populatrons);and Exec Order
No.13166,65 Fed.Reg 50121 (2000)(improving Access to Services for Persons with Limited English
Proficiency).
The Civil Rlghls Re"loration Act of 1987,Pub.L.No.100-259,102 Stal.28,broadened the scape of Title Vl
coverage by expanding the def;nitian af terms "programs or activities'to inclucle all programs or acl;vities of
federal-aid recipients,subrecipients and contractors/consultants,regardless of whether such programs ard
activities are federally assisted.
Pursuant to the requirements of Sectian 504 of the Rehabilitalion Act of 1973,Pub.L.No.93-112,87 Stat
355,the LPA hereby gives assurance that no qualified disabled person shall,solely by reason of disabilily,be
excluded from partiknpation in,be denied the benefits of or otherwise be subjecled to discrimination,including
discrimination in employment,under any program or activity that receives or benefits from this federal
financial assistance.
Ti;e LPA also assures that every eFfort will be made to prevent discrimmation through the impacts oF its
programs,policies and activities on minority ar d low-income populations In addition,the LPA wiii take
reasonable steps lo provide meaningful access to services for persons with LEP.The LPA will,where necessary
and apprapnate revise,update and incorporate nondiscrimination requirements into appropriate manuals,
directives and regulations.
In the event the LPA distributes federal-aid funds to a second-tier subrecipienl,the LPA will include Title Vl
language in all written agreements.
The LPA's Rebecca D.Schuett,City Clerk is responsible for initiating and monitoring
Title Vl activities,preparing re arts and performing other responsibililies,as required by 23 C.F.R.(j 200 and 49
6;nature
Williooi F P oid,ikliyor,City ol'yyaikor
Pnnted Name and Tilts
~()j 05
Date
Page 7 of 7
/+Qiowa pepattmentoftrantportatioo
Form 131023 (33.12)
RECEIVLD -CIVIL RIGHTS
JUL 6 ZOIO
Standard DOT Title Vl AssurancfrLIIIA pEPT QF T~NSpQRTATIQ
The CITY of WAUYEE,IOWA (hereinafter referred to as
the "Recipient")HEREBY AGREES THAT AS a condition to receiving any Federal financial
assistance from the Department of Transportation it will comply with Title Vi of the Civil Rights
Act of 1964,78 Stat.252,42 U.S,C.2000d 42 U.S.C.2000d 4 (hereinafter referred to as the
Act),and aO requirements imposed by or pursuant to Title 49,Code of Federal Regulation,
Department of Transportation,Subtitle A,Office of the Secretary,Part 21,Nondiscrimination in
Federally assisted programs of the Department of Transportation Effectuation of Title Vl of
the Civil Rights Act of 1964 (hereinafter referred to as the Regulations),Title Vll of the Civil
Rights Act 1964,the Federal Aid Highway Act of 1973,Title IX of the Education Amendments
of 1972,Section 504 of the Rehabilitation Act of 1973,the Age Discrimination Acts of 1975,
Civil Rights Restoration Act of 1987,Americans With Disabilities Act of 1990 (ADA),Executive
Order 12898 -Environmental Justice (hereinafter referred to as oEJo),Executive Order 13166
—Limited English Proficiency (hereinafter referred to as oLEPo)and other pertinent directives,
to the end that in accordance with the Act,Regulations,Executive Orders and other pertinent
directives,no person in the United States shall,on the grounds of race,color,national origin,
sex,age,or disability 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 the Department of Transportation,including the
Federal Highway Administration,and HEREBY GIVES ASSURANCE THAT it will promptly
take any measures necessary to effectuate this agreement.This assurance is required by
subsection 21.7(a)(1)of the Regulations,(2)Copy of which is attached.
Mora specifically and without limiting the above general assurance,the Recipient hereby gives
the following specific assurances with respect to its Federal Aid Highway Program;
1.That the Recipient agrees that each "program oand 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.
2.That the Recipient shall insert the following notification in all solicitations for bids for work
or material subject to the Regulations made in connection with the Federal Aid Highway
Program and,in adapted form in all proposals for negotiated agreements.
"The CITY of WAUKEE,IOWA in accordance with
Title Vl of the Civil Rights Act of 1964,78 Stat.252,42 LI.S.C.2000d 2000d 4 and
Title 49,Code of Federal Regulations,Department of Transportation,Subtitle A,
Page 1 of g
Office of the Secretary,Part 21,Nondiscrimination in Federally assisted programs of the
Department of Transportation issued pursuant to such Act,hereby notifies all bidders thai
it will affirmatively insure that in any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportunity to submit bids in response
to this invitation and will not be discriminated against on the grounds of race,color,
national origin,sex,age,or disability in consideration for an award."
3.That the Recipient shall insert the clauses of Appendix A of this assurance in every
contract subject to the Act and Regulations.
4.That the clauses of Appendix B of this assurance shall be included as a covenant
running with the land,in any deed from the United States effecting a transfer of real
property,structures,or improvements thereon,or interest therein.
5.That where the Recipient 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 Recipient receives Federal financial assistance in the form,or for
the acquisition of real property or and interest in real property,the assurance shall
extend to right to space on,over or under such property,
7.That the Recipient 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 Recipient with other
parties:(a)for the subsequent transfer of real property acquired or improved under
the Federal Aid Highway Program;and (b)for the construction or use of or access
to space on,over,or under real property acquired,or improved under the Federal
Aid Highway 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 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:(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.
g.The Recipient shall 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-grantees,contractors,subcontractors,transferees,successors in interest,and
other participants of Federal financial assistance under such program will comply
with all requirements imposed by,or pursuant to,the Act,the Regulations and this
assurance.
Page 2 of 9
10.The Recipient 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.
THlS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants,loans,contracis,property,discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the Department of Transportation under the
Federal-Aid Highway Program and is binding on it,other Recipients,sub-grantees,
contractors,subcontractors,transferees,successors in interest and other participants in the
Federal Aid Highway Program.The person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the Recipient.
DATED D t
By:
//
yVil!iue F 9 urrk efuyur.Cur utnVuuk-
Pentad Name aod Titfe
Attachments
Appendices A,8,and C
Page 3 of 9
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
Com lian ith Re ulatio s The contractor shall comply with the Regulations relative
to non-discrimination in Federally assisted programs of the Department of Transportation
{hereinafter,eDOT')Title 49,Code of Federal Regulations,Part 21,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.
Nondiscrim~inatio,The contractor,with regard to the work performed by it during the
contract,shall not discriminate on the grounds of race,color,national origin,sex,age,or
disability in the selection and retention of subcontractors,including procurement of
materials and leases of equipment.The contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 2).5 of the Regulations,including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
Solicitations for Subcon racts Inctugtin Procurement of Materials nd ui ment:In all
soiicitations either by competitive bidding or negotiation made by the contractor for work
to be performed under a subcontract,including procurement 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
non-discrimination on the grounds of race,color,national origin,sex,age,or disability.
Information and Re ort-:The contractor shall provide all information and reports required
by the Regulations or directives issued pursuant there to,and shall permit access to its
books,records,accounts,other sources of information,and its facilities as may be
determined by the CITY of WAUKEE,IOWA
the Iowa Departmen o ranspo ation or e era ig way minie ra ion o eperinent
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 VVAUKEE,IOWA
the Iowa Department of Transportation or the Federa Ftfg way A mimstration as
appropriate,and shall set forth what efforts it has made to obtain the information,
Sanctions or Noncom lia c:In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract,the CITY ot WAUKEE,IOWA
shall impose such contract sanctions as it,the Iowa
page e oi 9
Department of Transportation or the Federal Highway Administration 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.In r oration o Provisio:The contractor shat(include the provisions of paragraphs (1)
through (6)in every subcontract,including procurement 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 WAUKEE,IOWA,the iowa Department of
Transportation or the Federal Highway Administration 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 WAUKEE,IOWA or the lowe Department of
Transportation to enter into such litigation to protect the interests of the
CITY of VYAUKEE,IOWA or the Iowa Department of
Transportation;and,in addition,the contractor may request the United States to enter
into such litigation to protect the interests of the United States
page 5 er 9
APPENDIX B
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.
"NOW,THEREFORE,the U.S.Department of Transportation,as authorized by law,and
upon the condition that the CITY of WAUKEE,IOWA
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 the Federal-
Aid Program and the policies and procedures prescribed by the Federal Highway
Administration of the Department of Transportation,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,
Non-discrimination in Federally assisted programs of the Department of Transportation
(hereinafter referred to as the Regulations)pertaining to and effectuating the provisions
of Title Vl 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
CITY of '(VAUKEE,IQyVA
all the right,title and interest of the U.S.Deparlment of Transportation in and to said
lands described in Exhibit "A"attached hereto and made a part hereof."
HASE DUM C AUSE
"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 CITY of WAUKEE,IOWA
its successors and assigns."
"The CITY of WAUKEE,IOWA ,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 shall on the
grounds of race,color,national origin,sex,age,or disability,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 [,j [and)'(2)that the CITY of WAUKEE,IOWA
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 Vl of the Civil Rights Act of 1964,and
page 9 e(9
as said Regulations may be amended,and (3)that in the event of breach of any of the
above mentioned nondiscrimination conditions,the U.S.Department of Transportation
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 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 effectuate the purpose of Title Vt of the Civil Rights Act of
1964,
page 7 or 9
APPENDIX C
The following clatises shall be included in all deeds,licenses,leases,permits,or similar
instruments entered into by the Recipient,pursuant to the provisions of Assurance 7(a).
"The (grantee,license,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
and "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 U,S.Department of Transportation program or
actwity is extended or for another purpose involving the provision of similar services or
benefits,the (grantee,licensee,lessee,permittee,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,and as said
Regulations may be amended,"
I c ud 'n lice s I ses ermits etc *
"That in the event of breach of any of the above nondiscrimination covenants,the
CITY of WAUKEE.IOWA shall have the right to
terminate the (license,lease,permit,etc.)and to re enter the repossess said land and the
facilities thereon,and hold the same as if said (license,lease,permit,etc.)had never been
made or issued."
Include in deeds*
"That in the event of breach of any of the above nondiscrimination covenants,the
CITY of WAUKEE,IOWA 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 the State of Iowa and
its assigns."
The following shall be included in all deeds,licenses,leases,permits or similar agreements
entered into by the Recipient,pursuant to the provisions of Assurance 7(b).
"The {grantee,licensee,lessee,permittee,etc.,as appropriate)for himself/herself,his/her
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,national
origin,sex,age,or disability shall be excluded from participation in,denied the benefits of,
or otherwise be 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,
Page 0 of 9
national origins,sex,age,or disability,shall be excluded from participation in,denied the
benefits of,or otherwise be subjected to discrimination,(3)that the (grantee,licensee,
lessee,permittee,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,and as said Regulations may be amended."
Include in licenses leases ermits etc."
"That in the event of breach of any of the above nondiscrimination covenants,the
CITY ol'WAUKEE,IOWA shall have the right to terminate the
(license,lease,permittee,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."
Include in deeds'
"That in the event of breach of any of the above nondiscrimination covenants,the
CITY of WAUKEE,IOWA 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 State of Iowa,and its
assigns."
'Reverter clause and related language to be used only when it is determined that such a
clause is necessary in order to effectuate the purposes of Title Vi of the Civil Rights Act of
1964.
naos s or s