HomeMy WebLinkAbout2015-02-23 15-092 ORDERCOUNCIL ACTION
Item No. 15-. 2
Date: February 23, 2015
Item/Subject: ORDER, Authorizing Execution of Maine Department of Transportation Agreement,
Civil Rights Assurance
Responsible Department: Engineering
Commentary: This order would authorize the City Manager to execute an agreement with Maine
Department of Transportation indicating that the City of Bangor will comply with Federal Civil Rights Acts
and Regulations. If approved, this agreement would require the City to include the required language as
set forth in the agreement and insert Appendix A and E as part of the project contract documents.
Failure to comply could jeopardize federal financial assistance through the US Department of
Transportation. This is consistent with terms and conditions of other federal funds. This was reviewed
and recommended for approval by the Infrastructure Committee at its February 10, 2015 meeting.
Manager's Comments:
Associated Information: Councilor Order and Agreement
Budget Approval:
Legal Approval:
Introduced for
X Passage CONSENT
First Reading
Referral
John Theriault, P.E.
Department Head
(Wol, (4L,�A �,
City Manager
inance Director
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City S licitor
Page _ of _
1S-092
FEBRUARY 23, 2015
Assigned to Councilor Faircloth
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the Execution of Maine Department of Transportation
Agreement, Civil Rights Assurance
ORDERED,
THAT: the City Manager is hereby authorized and directed to execute an agreement with the
Maine Department of Transportation for the following:
An Agreement with Maine Department of Transportation, Civil Rights Assurance.
Copy of the agreement is attached.
IN CITY COUNCIL
FEBRUARY 23, 2015
PASSED
CITY CL RK
15-092
FEBRUARY 23, 2015
The United States Department of Transportation (U.S. DOT)
FHWA STANDARD TITLE VI/NONDISCRIMINATION ASSURANCES
DOT Order No. 1050.2A
The City of Bangor (herein referred to as the "Recipient") AGREES THAT, as a condition of
receiving Federal financial assistance from the U.S. Department of Transportation (DOT) through the
Federal Highway Administration (FHWA), it 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 Nondiscrimination 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 citations 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 the U.S. DOT,
including the FHWA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title
VI and other Nondiscrimination 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 nondiscrimination 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 programs:
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 Highway Programs and, in adapted form, in all proposals for negotiated
agreements regardless of funding source:
Title VI Assurances, City of Bangor Page I of 3
15-092
FEBRUARY 23, 2015
The City of Bangor, 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 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
contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B 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.
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.
Title VI Assurances, City of Bangor Page 2 of 3
15-092
FEBRUARY 23, 2015
By signing this ASSURANCE, the Recipient also agrees to comply (and require any subrecipients,
sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable
provisions governing the FHWA 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 FHWA. You must keep records, reports, and submit the
material for review upon request to the FHWA, or their designees 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.
The Recipient 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. This
ASSURANCE is binding on the Recipient, other recipients, sub -recipients, sub -grantees, contractors,
subcontractors and their subcontractors', transferees, successors in interest, and any other participants
in it programs. The person signing below is authorized to sign this ASSURANCE on behalf of the
Recipient.
DATED
3
Catherine M. Conlow, City Manager
City of Bangor
Encl.: Appendices A, and C, D, and E
Title VI Assurances, City of Bangor Page 3 of 3
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FEBRUARY 23, 2015
APPENDIX A TO THE TITLE VI ASSURANCES
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 Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, 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 as set forth in Appendix E,
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 Federal
Highway Administration, 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 Federal
Highway Administration„ 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 Federal Highway
Administration, 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.
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, 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 Federal Highway Administration, 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.
Title VI Assurances, Appendix A
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FEBRUARY 23, 2015
APPENDIX C TO TITLE VI ASSURANCES
FEDERAL HIGHWAY ADMINISTRATION ASSISTED PROGRAMS
The following clauses shall be included in all deeds, licenses, leases, permits, or similar
instruments entered into by the City of Bangor pursuant to the provisions of Assurance 7(a).
The (grantee, licensee, lessee, permitee, etc., as appropriate) for herself/himself, 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 in the event facilities are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of
Transportation program or activity is extended or for another purpose involving the provision of
similar services or benefits, the (grantee, licensee lessee, permitee, etc.) shall maintain and operate
such facilities and services in compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination of 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, permits, etc.]*
That in the event of breach of any of the above nondiscrimination covenants, Maine Department of
Transportation shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit,
etc.] had never been made or issued.
[Include in deeds] *
That in the event of breach of any of the above nondiscrimination covenants, Maine Department of
Transportation 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 Maine Department of Transportation and its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered
into by Maine Department of Transportation pursuant to the provisions of Assurance 7(b).
The (grantee, licensee, lessee, permitee, etc., as appropriate) for herself/himself, his/her personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in case of deeds, and leases add "as a covenant running with the land") that (1)
no person on the grounds of race, color, or national origin shall be excluded from participation in,
be 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 services
thereon, no person on the grounds of race, color, or national origin shall be excluded from the
participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that
the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -
Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be amended.
Title VI Assurances, Appendix C
15-092
FEBRUARY 23, 2015
[Include in licenses, leases, permits, etc.] *
That in the event of breach of any of the above nondiscrimination covenants, Maine Department of
Transportation shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit,
etc.] had never been made or issued.
[Include in deeds] *
That in the event of breach of any of the above nondiscrimination covenants, Maine Department of
Transportation 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 Maine Department of Transportation and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary inorder to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
Title VI Assurances, Appendix C
15-092
FEBRUARY 23, 2015
APPENDIX D TO TITLE VI ASSURANCES
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 the City of Bangor 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
discriminations, (3) that the (grantee, licensees, 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, the City of Bangor 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,
the City of Bangor will there upon revert to and vest in and become the absolute
property of the City of Bangor.*
(*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.)
Title VI Assurances, Appendix D
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FEBRUARY 23, 2015
APPENDIX E TO THE TITLE VI ASSURANCES
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 U.S.C. §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 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 of sex in education programs or activities (20 U.S.C. 1681 et seq.).
Title VI Assurances, Appendix E