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Grant County
Department of Public Works
124 Enterprise St. S.E.
Ephrata, WA 98823
Serial No. 22.083
A04L. 7 Raw%
A D
To: Honorable Grant County Board of County CommtsV" PRO V t;D
From: Dave Bren, PE., MSCE AUG 1. 6- ZO ZZ
County Road Engineer
Date: August 11, 2022
Re: Title VI Annual Assurance Statement
Maintaining Grant County Certification Acceptance (CA) Authority
Federal Money Requirements
Legislative History: Financial Impact:
• First Presentation: August 16, 2022 NA NA
'
• Second Presentation: 91 NA NA
• Action Requested: 11 Consent to Authorize Chair Signature NA NA`
Overview
Grant County is the local CA for distribution and receipt of Federal Grants. One
of the requirements for maintaining this status is to follow Title VI Civil Right
Act laws for non-discrimination. The County must provide annually report and
certify conformance with Title VI requirements.
Annual Assurance Statement
The annual assurance statement, signed by board consent, commits the County
to follow Title VI Civil Right laws (Attachment A). The WSDOT local
programs requests that the County sign and return the 2022 Assurance
Statement back to them as soon as possible.
Annual Title VI Report
The annual Title VI Report has new formatting and data requirements. The Associate Engineer is
drafting p this report. WSDOT local programs would like to see this report returned,._in__tb_,e,�,x
_-30-45
days, as long as the signed Assurance Statement is returned a soon as possible. SI V ED
"'To meet ourrent and future needs, serving, together Frith public and private entities. while fostering arespe� fin
work environment."
754,6082) Dave Bren"r PE, County Ftoad Eflgfneer_---_.__"_-__. -- Ext- 3502 Ed Low ryr Su, pervisor-D ist-No. 13540
FAX ....................................................... �J509) 754-6087 Bob Sersantr construction:'Ert,,gineer...—...--...,.....,:Ext 3503 Mike DeT rolio, Su perVisora ist.,No. 2.... 359.1"
E -Mail: ........ Loc 0111, Accountant ted. ------ ___-Ext. 3555 John iBrissey, SperVisor-Dist. No- 3 - — ---- ------ — -------- Ext 3541
sam Castro, Public works director__...................EXt. 35D4 Rod Follett, Foreman -Sign; Sho.p___... ___....__..:Ext. 3579 John SPieSS, SUpervisor-Central Shop.___(509) 754-6086
samuel Dart, Jason Collings, solid T544319 Andy Booth, Briidge S Lipery __.___._Ext 3535
Commission Packet Attachment
A. Title VI Annual Assurance Statement
Action Requested
Public Works Staff requests that the attached Title VI Assurance Statement be signed by the Chair with
Board Consent to do so. Public Works will then return it to WSDOT local programs.
Public Works Staff will then prepare the updated 2022 Title VI Report and present it to the Board for
approval in the next 30-45 days.
"To meet current and future needs. serving together with public and private entities,, while fosteringa, respectful :end successful'
work environment."
754-8082 DaVe Bre nr PE,flaunty Road E ngi neer --------------- - - Ext- 3502 Ed Unyry' Supervisor -D ist- No -:L... 3540
FAX ................... ............................................ (509) 754-6-087 Bob Bersant, constrUction, Engineer.-. 3503 Mike DeTrolio, Supervisor -Dist -No. 2.--..---.—.—EXt. 3591
Email.__.-_--_------------------- pub licwork5ftantcountywa.gov Loc ON, Accounta, n,,t Lead ------ --.......Ext. 3555 John Britsey, SuperviSor-DiSt No. 3 ......... . ................ Ext 3541
Sam Oastro, Public Works Director.......—......—EXt. 3504 Rod Follett, Forem, an -S ign Shop ........................... EXt. 35 79 John SP ieSS, S Uperviso r -Central Shop. ---(5,09) 754-6086
Samuel Dart, Assistant DireCtor-.....---.. ............. Ext -3519 Jason Collings, Solid waste .................. . ...... (509) 754-4319 Andy Booth, Bridge S LI PerV i5OT --------- ------------------------__Eft 3535
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Assurances
DOT Order No. 1050.2A
The Grant County (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to
receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through
Washington State Department of Transportation (WSDOT), is subject to and will comply with the
following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department
Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations,"
respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity, 'for which the Recipient receives Federal
financial assistance from DOT, including the Washington State Department of
Transportation.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI
and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the
Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these non-
discrimination statutes and requirements to include all programs and activities of the Recipient, so long
as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives
the following Assurances with respect to its Federally assisted program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and
21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard
to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all
requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For
Proposals for work, or material subject to the Acts and the Regulations made in connection with
all Federal -Aid Highway Programs and, in adapted form, in all proposals for negotiated
agreements regardless of funding source:
"The Grant County, in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response
to this invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for an award."
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contractor
agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix 6 of this Assurance, as a covenant running with
the land, in any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a
facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition
of real property or an interest in real property, the Assurance will extend to rights to space on,
over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this
Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or
similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired
or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the Assurance obligates the Recipient, or
any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by
the Secretary of Transportation or the official to whom he/she delegates specific authority to
give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of
Federal financial assistance under such program will comply with all requirements imposed or
pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard
to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, [Grant County] also agrees to comply (and require any sub -recipients, sub -
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions
governing the [WSDOT] access to records, accounts, documents, information, facilities, and staff. You
also recognize that you must comply with any program or compliance reviews, and/or complaint
investigations conducted by the [WSDOT]. You must keep records, reports, and submit the material for
review upon request to [WSDOT], or its designee in a timely, complete, and accurate way. Additionally,
you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by
law or detailed in program guidance.
[Grant County] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans,
contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance
extended after the date hereof to the recipients by the U.S. Department of Transportation under the
Federal Highway Administration. This ASSURANCE is binding on Washington State Department of
Transportation, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their
subcontractors', transferees, successors in interest, and any other participants in the Federal -Aid
Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the
Recipient.
Grant County, Washington
(Name of Recipient)
by
(Signatu e of Authorized Official)
DATED�_Esai /G � s���.Z
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply
with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs
of the U.S. Department of Transportation, Washington State Department of Transportation, as
they may be amended from time to time, which are herein incorporated by reference and made
a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor will not participate directly or indirectly in the discrimination prohibited by the
Acts and the Regulations, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the contractor of the
contractor's obligations under this contract and the Acts and the Regulations relative to Non-
discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by the Recipient or the Washington State Department of Transportation to be pertinent to
ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish
the information, the contractor will so certify to the Recipient or the Washington State
Department of Transportation, as appropriate, and will set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the Recipient will impose such contract sanctions as it
or the Washington State Department of Transportation may determine to be appropriate,
including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies;
and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
A
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The
contractor will take action with respect to any subcontract or procurement as the Recipient or
the Washington State Department of Transportation may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the Recipient to enter into any litigation to protect the
interests of the Recipient. In addition, the contractor may request the United States to enter
into the litigation to protect the interests of the United States.
A
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to
the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition
that the (Title of Recipient) will accept title to the lands and maintain the project constructed thereon in
accordance with Title 23, United States Code, the Regulations for the Administration of Washington
State Department of Transportation, and the policies and procedures prescribed by the Federal Highway
Administration of the U.S. Department of Transportation in accordance and in compliance with all
requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S
Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and
convey unto the (Title of Recipient) all the right, title and interest of the U.S. Department of
Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto (Title 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 will be binding on the (Title of Recipient), its successors
and assigns.
The (Title of Recipient), in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that
(1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the (Title of Recipient)
will use the lands and interests in lands and interests in lands so conveyed, in compliance with all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted
programs of the U.S. Department of Transportation,. Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of
the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-
enter said lands and facilities on said land, and that above described land and facilities will thereon
revert to and vest in and become the absolute property of the U.S. Department of Transportation and its
assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)
F'3
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,
FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered
into by the (Title of Recipient) pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the
land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of
Transportation activity, facility, or program is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will
maintain and operate such facilities and services in compliance with all requirements imposed
by the Acts and Regulations (as may be amended) such that no person on the grounds of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
discrimination covenants, (Title of Recipient) will have the right to terminate the (lease, license,
permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the
same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants,
the (Title of Recipient) will have the right to enter or re-enter the lands and facilities thereon, and
the above described lands and facilities will there upon revert to and vest in and become the
absolute property of the (Title of Recipient) and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
C
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,
FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by (Title of Recipient) pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the
land") that (1) no person on the ground of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities, (2) that in the construction of any improvements on, over, or under such land, and the
furnishing of services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all
other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in
this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-
discrimination covenants, (Title of Recipient) will have the right to terminate the (license, permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and
hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants,
(Title of Recipient) will there upon revert to and vest in and become the absolute property of (Title
of Recipient) and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
0
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).