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Title VI Plan

(October 29, 2010 – will be updated June 1, 2014)

Table of Contents

Policy Statement
Mayor's Statement on Limited English Proficiency
Authorities
Title VI Delegation Chart
Organization and Staffing - General
Title VI Coordinator Responsibilities
Title VI-Special Program Area Liaison
Program Administration - General
Title VI Responsibilities for Special Emphasis Program Areas
Planning
Environmental Justice
Right of Way
Construction/Maintenance
Education and Training
Consultant Services
Appendix 1 - Contractor Title VI Requirement
Appendix 2 - Granting Clause and Habendum Clause
Appendix 3 - Deeds, License, Leases and Permit Clause
Addendum I - City of Seattle Title VI Assurances
Addendum 2 - Nondiscrimination Complaint Procedures for Federally Assisted Program or Activities
Addendum 3 - WSDOT Title VI Notice to Public

Title VI Plan Policy Statement

The City of Seattle (City) assures that no person shall on the grounds of race, color, sex, age, disability or national origin, 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. The City further assures every effort will be made to ensure nondiscrimination in all of its programs activities, whether those programs and activities are federally funded or not.

In the event that the city distributes federal aid funds to another entity, the City will include Title VI language in all written agreements and will monitor for compliance.

The Director of the Seattle Office for Civil Rights (SOCR) is responsible for initiating and monitoring Title VI activities, preparing required reports and other City responsibilities as required by 23 Code of Federal Regulation (CFR) 200 and 49 Code of Federal Regulation 21.

 

Mike McGinn                                               October 29, 2010            
Mayor of Seattle                      

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Mayor's Statement on Limited English Proficiency

Seattle attracts people from around the world. We welcome this diversity and have taken steps to insure that those who come to our City can participate in and enjoy to the fullest all our great City has to offer.

The City of Seattle is proud of our efforts to insure that inclusiveness and fairness are a part of all of our activities. We are proactive in extending our services and programs to all who wish to participate, including our Limited English Proficiency (LEP) residents. The City's Office for Civil Rights leads the way in celebrating our differences and drawing strength from our similarities.

The Policy Statement that precedes this page shows our commitment to Title VI and our fairness in contracting. By signing below, I am reaffirming the City's efforts to reach out to the LEP community and insure that they are a part of the City's democratic processes. This is a step I gladly take, as inclusiveness and fairness are an integral part of this City.

 

Mike McGinn                                               October 29, 2010            
Mayor of Seattle                      

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Authorities

Title VI of the 1964 Civil Rights Act provides 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 receiving federal financial assistance (please refer to 23 CFR 200.9 and 49 CFR 21).

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, subrecipients, and contractors, whether such programs and activities are federally assisted or not (Public Law 100259 [2.557] March 22, 1988).

Additional Authorities and Citations Include:

 Title VI of the Civil Rights Act of 1964, 42 United States Code 2000d to 2000-4; 42 United States Code 4601 to 4655; 23 United States Code 109(h); 23 United States Code 324; Department of Transportation Order 1050.2; Executive Order 12250; Executive Order 12898; 29 Code of Federal Regulations 50.3.

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Title VI Delegation Chart

 

CITY OF SEATTLE
Ed Murray
Mayor
206-684-4000

Title VI Liaison Officer
Patricia Lally
Director,
Seattle Office for Civil Rights
206-684-4500

Title VI Coordinator
Brenda Anibarro
Policy Manager, Seattle Office for Civil Rights
206-684-4500

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Organization and Staffing - General

The Mayor of Seattle is responsible for ensuring the implementation of the City's Title VI program. The Director of the Seattle Office for Civil Rights, on behalf of the Mayor, is responsible for the overall management of the Title VI programs, and serves as the Title VI Liaison Officer. The day-to-day administration of the program lies with the Title VI Coordinator (hereafter referred to as "Coordinator") under the direct supervision of the Director of the Seattle Office for Civil Rights. See Title VI Organizational chart.

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Title VI Coordinator Responsibilities

The Title VI Coordinator is charged with the responsibility for implementing, monitoring, and ensuring the City's compliance with Title VI regulations. Title VI responsibilities are as follows:

1. Process the disposition of Title VI complaints received by the City.

2. Collect statistical data (race, color, sex, age, disability or national origin) of participants in and beneficiaries of state highway programs, e.g, relocatees, affected citizens, and impacted communities.

3. Conduct annual Title VI reviews of special emphasis program areas (right of way, planning, design, etc.) to determine the effectiveness of program activities at all levels.

4. Conduct Title VI reviews of construction contractors, consultant contractors, suppliers, and other recipients of federal-aid highway fund contracts administered through the City.

5. Review City program directives in coordination with Title VI liaisons for special emphasis program areas. Where applicable, include Title VI language and related requirements.

6. Conduct training programs on Title VI and other related statutes for City employees and recipients of federal highway funds.

7. Prepare a yearly report of Title VI accomplishments and goals, as required.

8.    Develop Title VI information for dissemination to the general public and, where appropriate, in languages other than English.

9. Conduct post-grant approval reviews of City programs and applicants (e.g, highway location, design and relocation, and persons seeking contracts with the City), for compliance with Title VI requirements.

10. Identify and eliminate discrimination.

11. Establish procedures for promptly resolving deficiency status and reducing to writing the remedial action agreed to be necessary, all within a period not to exceed 90 days.

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Title VI-Special Program Area Liaison

In addition to the Coordinator, each of the special emphasis program areas listed below shall have designated a Title VI liaison. The liaison(s) shall be responsible for ensuring compliance, program monitoring, reporting, and education within their respective programs.

1. Seattle Department of Transportation (SDOT)

a)    Planning
b)    Environmental Activities
c)    Right of Way
d)    Construction and MAintenance
e)    Design Management

2.    2. Department of Executive Administration, Contracting Services Division (CSD)

a)    a) Disadvantaged Business Enterprise Compliance on Construction and Consulting Contracts
b)    b) Consultant Services

3.    3. Seattle Office for Civil Rights

a)    Title VI Implementation and Compliance

The Title VI Coordinator will meet regularly with all the Title VI liaisons to discuss issues regarding program implementation and compliance monitoring within the City.

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Program Administration - General

As Title VI Liaison Officer, the Director of the Seattle Office for Civil Rights shall be responsible for coordinating the overall administration of the Title VI program, plan, and assurances (see Addendum 1). The Title VI Coordinator, is located within the Enforcement Division, serves under the direct supervision of the Director of the Seattle Office for Civil Rights, and is responsible for the program day-to-day administration.

A.    Complaints

If any individual believes that s/he or any other program beneficiaries have been subjected to unequal treatment or discrimination in their receipt of benefits and/or services, or on the grounds of race, color, national origin, sex disability or age, s/he may exercise their right to file a complaint with the City. Every effort will be made to resolve complaints informally at the City and contractor level.

B.    Data Collection

Statistical data on race, color, national origin and sex of participants in, and beneficiaries of federally funded program, (e.g., relocatees, impacted citizens, and affected communities), will be gathered and maintained by the Title VI Coordinator. Each of the Title VI special emphasis program areas will maintain data to be incorporated in the Title VI Annual Update. The data gathering process will be reviewed regularly to ensure sufficiency of the data in meeting the requirements of the Title VI program administration.

C.    Title VI Program Reviews

The City's Title VI Program reviews will be overseen by the Title VI Coordinator to assess the office's administrative procedures, staffing, and resources available for Title VI compliance. All special emphasis programs will be reviewed with the Title VI designees annually to assure their effectiveness in compliance with Title VI provisions. This is in addition to the day to day monitoring. Title VI Coordinator and program representatives will coordinate efforts to ensure that the requirements of Title VI are met throughout the entire contracting process. The Title VI Coordinator will conduct reviews of contractors, subcontractors, consultants, suppliers and all other sub recipients of WSDOT's federal funds to ensure compliance with Title VI provisions.

D.    Operational Guidelines/Program Directives

All operational guidelines to regions, contractors, subrecipients, and special emphasis program areas will be reviewed annually to include Title VI language and provisions and related requirements, where applicable.

E.    Training Program

Title VI training will be made available at least annually to employees, contractors, subrecipients, and special emphasis program area liaisons. The training will provide comprehensive information on Title VI provisions, application to program operations, and identification of Title VI issues and resolution of complaints. A summary of the training conducted will be reported in the annual update.

F.    Annual Reports

An annual executive summary will be submitted to the Seattle Office for Civil Rights Director (Title VI Liaison) reviewing Title VI accomplishments achieved during the year. Annual reports will be required for each of the special emphasis program areas. The Title VI Coordinator will be responsible for coordination and preparation of the report.

G.    Title VI Plan Update

A Title VI Plan Update will be submitted to WSDOT by October 1 of each year. The update will report on accomplishments and changes to the program occurring during the preceding year, and will also include goals and objectives for the upcoming year.

H.    Public Dissemination

The Title VI Coordinator will disseminate Title VI Program information to City employees, subrecipients, contractors, and beneficiaries as well as the general public. Public dissemination will include the posting of public statements, inclusion of Title VI language in contracts, and publishing annually the Title VI Policy Statement in newspapers having a general circulation in the vicinity of proposed projects and announcements of hearings and meetings in minority publications (see Addendum 3).

I.    Post-grant Reviews

Review post-grant approval procedures (e.g. highway location design, relocation and individuals seeking contracts, etc.) to ensure compliance with Title VI requirements.

J.    Elimination of Discrimination

Implement procedures to identify and eliminate discrimination when found to exist, related to Minority/Women/Disadvantaged Business Enterprises (DBE) contractors, public involvement, and property acquisition.

K.    Remedial Action

The City will actively pursue the prevention of Title VI deficiencies and violations and will take the necessary steps to ensure compliance with all program administrative requirements. When irregularities occur in the administration of the program's operation, corrective action will be taken to resolve Title VI issues, and reducing to writing a remedial action agreed upon to be necessary, all within a period not to exceed 90 days.

1)    Subrecipients placed in a deficiency status will be given a reasonable time, (not to exceed 90 days after receipt of the deficiency letter), to voluntarily correct deficiencies.

2)    The City will seek the cooperation of the subrecipient in correcting deficiencies found during the review. The City will also provide the technical assistance and guidance needed to aid the subrecipient to comply voluntarily.

3)    When a subrecipient fails or refuses to voluntarily comply with requirements within the time frame allotted, the City will submit to WSDOT's External Civil Rights Office or the FHWA two copies of the case file and a recommendation that the subrecipient be found in noncompliance.

4)    A follow-up review will be conducted within 180 days of the initial review to ensure that the subrecipient has complied with the Title VI Program requirements in correcting deficiencies previously identified.

L.    Procedures Manual

Administration of the Title VI Program will be incorporated in a Procedures Manual that will be updated regularly to incorporate changes and additional responsibilities.

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Title VI Responsibilities for Special Emphasis Program Areas

Planning

A.    Seattle Department of Transportation (SDOT)

SDOT has the responsibility to develop long- and short-range plans to provide efficient transportation services to the citizens of the City of Seattle.

B.    Operational Guidelines

Seattle Municipal Code

Executive Order 12898 on Environmental Justice

Executive Order 13166 on Providing Meaningful Access to Individuals Who Are Limited English Proficient to Federally Assisted and Federally Conducted Programs and Activities

Metropolitan Planning Organization Procedures Manual
23 CFR 450
RCW 47.06 Statewide Transportation Planning
RCW 47.80 Regional Transportation Planning Organization

C.    Planning Process

SDOT annually updates and coordinates the City's future transportation improvement plans and programs. A comprehensive transportation planning process is used which incorporates input from the public in coordination with the various jurisdictions affected. Planning includes the monitoring and collection of data.

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D.    Title VI Responsibilities

. Ensure that all aspects of the planning process operation comply with Title VI.

. Ensure that various social, economic, and ethnic interest groups are represented in the planning process by disseminating program information to minority media and ethnic/gender related organizations and participating in roundtable meetings in predominantly minority communities.

. Assist the Title VI Coordinator in gathering and organizing the Planning special program emphasis area section of the Annual Title VI Update Report.

. Review the department work program and other directives to ensure compliance with Title VI program requirements.

. Visit public meetings to verify the level of participation of Title VI protected group members when offered in predominantly ethnic minority communities.

Ensure that Limited English Proficiency (LEP) individuals who will be affected by planned projects receive meaningful access into the public awareness/involvement process. Meaningful access means that the affected parties will receive the necessary communicative assistance required to allow them to participate in governmental services/activities.

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Environmental Justice

A.    SDOT

These departments assist in integrating environmental considerations and regulatory requirements into the City's transportation program, provide technical expertise for project analyses, develop environmental policies, procedures, manuals, and training and work with regulatory agencies to streamline the environmental permit process.

These departments use a systematic process to study and evaluate all necessary environmental aspects of a proposed project, including its social and economic impacts. Depending on the scope, complexity, and impacts of the project, a National Environmental Policy Act (NEPA) Categorical Exclusion (CE), NEPA Environmental Assessment (EA), State Environmental Policy Act (SEPA) checklist, SEPA Determination of Non-significance (DNS), or NEPA and/or SEPA Environmental Impact Statement are completed. The Seattle Transportation Department (SEATRAN) and Seattle Public Utilities also develop agreements, guidance documents, and training programs with the regulatory and resource agencies.

B.    Operational Guidelines

Executive Order 12898 on Environmental Justice

Executive Order 13166 on Providing Meaningful Access to Individuals Who Are Limited English Proficient to Federally Assisted and Federally Conducted Programs and Activities

49 CFR 622, 635, 640, 712, 771, and 790

Local Agencies Guideline Manual

C.    Title VI Responsibilities

  • Monitor compliance with Title VI requirements in all aspects of the environmental process.
  • Conduct meetings to review the project impact.
  • Disseminate to the public their rights to call or write the department to view plans and discuss environmental problems.
  • Coordinate the gathering of environmental information for the Annual Title VI Update Report, including awards to DBE firms.
  • Notify affected protected group residents of public meetings or hearings regarding a proposed project, and make meetings and hearings accessible.
  • Develop mechanisms to identify the population affected by a project.
  • Ensure that Limited English Proficiency (LEP) individuals who will be affected by locating and citing actions receive meaningful access into the public awareness/involvement process. Meaningful access means that the affected parties will receive the necessary communicative assistance required to allow them to participate in governmental services/activities.
  • Ensure public participation in the location selection process.
  • Ensure Title VI/Environmental Justice compliance in all Environmental Impact Statements.
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Right of Way

A.    SDOT

SDOT will manage and coordinate the appraisal and acquisition of real property for transportation needs, the management of excess properties, and relocation assistance services.

B.    Operational Guidelines

Executive Order 13166 on Providing Meaningful Access to Individuals Who Are Limited English Proficient to Federally Assisted and Federally Conducted Programs and Activities.

Local Agencies Guideline Manual

Right of Way Manual
23 CFR 130
49 CFR 24
RCW Chapter 47
WAC 468.100

C.    Acquisition Process

The property acquisition process follows the Right of Way Manual and all applicable laws and regulations, including Title VI. The right of way acquisition process entails appraisal of property, negotiation of terms and conditions for acquisition, and assistance in the relocation of displaced individuals, business, farm operations, and nonprofit organizations, as well as property management.

D.    Title VI Responsibilities

  • Ensure participation by Minority/Women Disadvantaged Business Enterprises as identified by the Office of Minority and Women's Business Enterprises (OMWBE) in consulting contracts. The contracts are typically appraisal contracts but can cover all services of real estate including negotiation, relocation, and property management.
  • Ensure participation by minority/women disadvantaged business appraisers by reviewing updates to DBE directories identifying fee appraiser organizations.
  • Apprise affected property owners, tenants, and others involved of their rights and options regarding negotiation, relocation, condemnation and other aspects of the acquisition process.
  • Ensure that Limited English Proficiency (LEP) individuals who will be affected by right of way activities/decisions receive meaningful access into the public awareness/involvement process. Meaningful access means that the affected parties will receive the necessary communicative assistance required to allow them to participate in governmental services/activities.
  • Conduct annual implementation reviews of Title VI provisions within the entire real estate acquisition process.
  • Incorporate Title VI language and assurance statements in all surveys of property owners and tenants after the conclusion of all business.
  • Ensure that appraised values and communications associated with the appraisal and negotiation operations result in equitable treatment.
  • Ensure comparable replacement dwellings are available and assistance is given to all displaced persons and entities by the property acquisition process.
  • Coordinate the preparation of deeds, permits and leases to ensure the inclusion of the appropriate Title VI clauses (Appendices 2 and 3 to Title VI Assurances).
  • Gather the statistical data required for completion of the Annual Title VI Update Report, including awards to minority and female appraisers.
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Construction/Maintenance

A.    Seattle Department of Transportation (SDOT)

SDOT is responsible for the administration of new federally funded construction. This department is responsible for the preservation and upkeep of the state transportation system throughout the City.

B.    Operational Guidelines

Local Agencies Guideline Manual

Maintenance Manual - M 51-01
Construction Manual - M 41-01
Standard Specifications for Road, Bridge, and Municipal Construction (Section M 41-10)
General Special Provisions for DBE
General Special Provisions for EEO

C.    Construction and Maintenance Process

SDOT is responsible for developing an efficient program for federally-funded projects/highway maintenance by utilizing the resources of people, equipment, and materials in the most economic way. These departments set policy and provide guidance and oversight for the administration of transportation construction projects by the City.

D.    Title VI Responsibilities

  • Monitor all maintenance operations to ensure nondiscrimination.
  • Review activities and programs to assure that maintenance and construction efforts and resources are applied uniformly and fairly.
  • Review all projects for application of DBE program requirements.
  • Include DBE general special provisions in projects with assigned goals.
  • Include Title VI language in contract advertisements and award letters to encourage the utilization of DBE firms. Award construction contracts on the basis of the lowest responsive bidder including DBE requirements.
  • Ensure thorough reviews that prime contractors with DBE requirements award have previously committed work to proper DBEs, and that DBEs actually performed a commercially useful function on the contracts.
  • Consult DBE firms to identify possible barriers to their participation in contracts. Use this information to eliminate such barriers.
  • Provide supportive services to DBEs.
  • Include Title VI language in every contract to ensure nondiscrimination in contract awards due to race or gender.
  • Coordinate the gathering of maintenance and construction information regarding DBE participation for the Title VI Annual Update Report.
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Design.

A.    Seattle Department of Transportation and Seattle Public Utilities

These departments perform studies to assess various environmental factors, including social and economic elements, as they relate to project development.

B.    Operational Guidelines

Design Manual - M 22-01
Federal Aid Policy Guide for Hearings
23 CFR 771
Executive Order 12898 on Environmental Justice

C.    Design Process

Economic, social, topographic, and environmental impact of a proposed project are key factors weighed in the location consideration. Federal, state, local, and departmental policies and procedures require that public hearings and/or informational meetings be held to give all citizens an opportunity to obtain information and express their opinions on proposed project locations. Special efforts shall be made to inform members of minority communities of public hearings and other public involvement activities. These efforts include public notices in minority newspapers and selection of accessible location and time for public hearings.

D.    Title VI Responsibilities

  • Ensure that all aspects of the location selection process comply with the Title VI requirements.
  • Consult and seek input from affected populations.
  • Develop mechanisms to identify affected populations.
  • Ensure public participation in the selection process.
  • Provide notice of public hearings and meetings in minority newspapers and newsletters.
  • Maintain required Title VI compliance documentation and statistical data.
  • Monitor program components for compliance with the Title VI requirements.
  • Review activities associated with public hearings to enhance the participation of targeted communities.
  • Develop and update operational manuals and directives to ensure the inclusion of Title VI language and provisions.
  • Gather program area data to be included in the Title VI Annual Update Report.
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Education and Training

A.    Seattle Office for Civil Rights

The Title VI Coordinator will monitor the selection of participants interested in taking part in the National Highway Institute Training workshops. The monitoring will consist of making sure ethnicity is used in the selection process. Applicants will come from the Seattle Transportation Department and Seattle Public Utilities Department. Reporting will be required on a monthly basis on the number of applicants and ethnicity of applicants attending NHI Training Classes.

B.    Operational Guidelines

49 CFR 21

C.    Engineering Continuing Education (NEW)

NHI (National Highway Institute) Training

The Title VI Coordinator will be briefed when training for the National Highway Institute courses or workshops become available for City of Seattle Employees. For the purpose of fairness in the selection process, the Title VI Coordinator will review on a case by case basis, if equal opportunity was used in the selection of individuals referred for training.

D.    Selection of Instructors

The Title VI Coordinator will review the selection of Instructors for City of Seattle Training Courses and workshops to determine if fairness was used in the selection process to assure equal opportunity on all training contracts.

E.    Title VI Responsibilities

  • In conjunction with managers and executives, ensures that all employees have equal access to training.
  • Ensures accessibility to Minority/Women/Disadvantage Business Enterprise consulting/training firms to compete for training contracts.
  • Maintain program administration documentation and data necessary for preparation of Annual Title VI Update.
  • Reviews directives and manuals to ensure adherence with Title VI requirements.

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Consultant Services

A.    Contracting Services Division

The Contracting Services Division (CSD) is responsible for setting policy and establishing procedures for consultant selection, negotiation, and administration of consultant contracts for the City.

B.    Operational Guidelines

Seattle Municipal Code

Consultant Services Procedures Manual (M 27-50)

48 CFR 31
23 CFR 172

C.    Consultant Selection Process

Each City department may contract directly for consultant services. The departments are required to follow the guidelines produced by the CSD. Upon the initial request of a consultant contractor's services, CSD is available to assist the department's project manager with negotiation and administration of the contract.

D.    Title VI Responsibilities

  • Monitor DBE program requirements.
  • Ensure that all federally funded consultant contracts administered by the City have the appropriate Title VI provisions included.
  • Review directives and procedures to ensure Title VI compliance.
  • Maintain necessary data and documentation required for completion of the department's Title VI Update Annual Report.
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Addendum I - CITY OF SEATTLE Title VI Assurances

The City of Seattle (hereinafter referred to as the "Recipient"), HEREBY AGREES THAT as a condition to receiving any federal financial assistance from the U.S. Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d-42 USC 2000d-4 (hereinafter referred to as the Act), and 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 (hereinafter referred to as the Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, 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 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.

More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances to its Federal Aid Highway Program.

1. That the Recipient 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.

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 Seattle in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d-d4 and 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 issued pursuant to such

Act, hereby notifies all bidders that it will affirmatively ensure that 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, sex, or national origin in consideration for an award.

3. That the Recipient shall insert the clauses of Appendix 1 of this Assurance in every contract subject to the Act and the Regulations.

4. That the Recipient shall insert the clauses of Appendix 2 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 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 an interest in real property, the Assurance shall extend rights to space on, over or under such property.

7. That the Recipient shall include the appropriate clauses set forth in Appendix 3 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, 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, of 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 shall provide for such methods of administration for the program as are found by the Secretary of Transportation, or the official to whom s/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 Recipient agrees that the United States has a right to seek judicial endorsement 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 Recipient by the Department of Transportation under the Federal Aid Highway Program and is binding on it, other recipients, subgrantees, 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 the Assurance on behalf of the Recipient.

 

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