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HomeMy Public PortalAboutResolution 02-2015-2 RESOLUTION 2015-2 A RESOLUTION ADOPTING A TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 PLAN FOR THE CITY OF GREENCASTLE WHEREAS, the federal government enacted Title VI of the Civil Rights Act of 1964, as amended, to prevent discrimination on the grounds of race, color, sex, age, disability or national origin and to ensure that individuals are not excluded from participation in, denied benefits of, or otherwise subjected to discrimination under any program or activity receiving federal financial assistance of the basis of race, color, sex, age, disability or national origin; WHEREAS, throughout the years, additional regulations, statutes, directives, cases and executive orders have been passed which expand the breadth of Title VI; and WHEREAS, it is a requirement of the Indiana Department of Transportation and the US Department of Transportation that communities receiving federal financial assistance adopt a Title VI Plan. NOW THEREFORE be it resolved by the Board of Public Works and Safety of the City of Greencastle that it hereby adopts the attached Title VI Program and Implementation Plan. PASSED AND RESOLVE b the Board of Public Works and Safety of the City of Greencastle, Indiana this'\ &- day of f 2015. Susan V. Murray, Mayor hom Morris Tru y Selvia Attest: Ly da Dunbar, Clerk Treasurer City of Greencastle, Indiana Title VI Program and Implementation Plan Adopted December , 2015 Board of Public Works and Safety of the City of Greencastle Title VI Coordinator: Laurie Hardwick City Attorney 1 N.Locust Street Greencastle,IN 46135 (765)655-2301 A. Plan Statement Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that"no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (42 U.S.C. Section 2000d)." Throughout the years, additional regulations, statutes, directives and executive orders have been passed which expand the breadth of Title VI. The City of Greencastle has adopted these tenets and hereby makes the following Plan Statement: The City of Greencastle, Indiana is committed to ensuring that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assisance from the U.S. Department of Transportation on the basis of race, color, national origin, disability, sex, sexual orientation, gender identity, religion, age, low income status or limited English proficiency. This plan was developed to guide the City of Greencastle, Indiana in its administration and management of Title VI-related activities. B. Organization and Staffing The City Attorney, Laurie Hardwick shall serve as the Title VI Coordinator, on behalf of the Mayor and the City, and is responsible for the overall management of the Title VI Program to ensure compliance �-� with provisions of the City's policy of non-discrimination with the law. C. Title VI Coordinator Responsibilities The Title VI Coordinator is responsible for implementing, monitoring, and ensuring the City's compliance with Title VI regulations and the overall administration of the Title VI Program and Standard U.S. Title VI Assurances (Exhibit 2). This includes the completion of the following activities: 1. Program Administration—Administer the Title VI Program and coordinate implementation of the plan. Ensure compliance with the assurances, policy, and program objectives. Perform Title VI Program reviews to assess and update administrative procedures, staffing, and resources; provide recommendations, as required, to the Mayor. 2. Data Collection—Review and analyze the statistical data gathering process performed by the Title VI Liaisons (Department Heads) periodically to ensure sufficiency of data for meeting the requirements of the Title VI program administration. 3. Training Programs—Conduct or facilitate training programs on Title VI current and new regulations for City employees, and facilitate Title VI training for contractors, and sub-recipients. 4. Title VI Plan Update—Review and update the Title VI Plan as needed or required. Present updated plan to the Mayor for approval; submit amended Plan to INDOT as required. 5. Reporting—Conduct reviews of the City's Title VI Program to assess Title VI compliance to assure effectiveness in compliance with Title VI provisions. The Title VI Coordinator and the Department Heads will coordinate efforts to ensure the requirements of Title VI are met. ^` 6, Public Dissemination—Work with the Department Heads to develop and disseminate Title VI Program information to the City employees and sub-recipients, including contractors, subcontractors, consultants, sub-consultants and the general public. Public dissemination may include postings of official statements, inclusions of Title VI language in contracts or other agreements, website postings, and/or publication of the City's Title VI Policy Statement in the newspaper. The Title VI Coordinator shall ensure adherence to Indiana's Open Door laws, and, where reasonable requests are submitted, provide written or verbal information in languages other than English. 7. Complaints—Administer the complaint procedure, including the filing process, review and investigation of Title VI complaints that may be received by the City of Greencastle, and following procedural guidelines. Ensure every effort is made to resolve complaints. 8. Maintenance-Maintain a log of all complaints. 9. Elimination of Discrimination —Work with the Department Heads to establish procedures for promptly resolving deficiencies, as needed. Recommend procedures to identify and eliminate discrimination that may be discovered in the City's processes. 10. LEP Plan -- Develop and implement the City of Greencastle's Limited English Proficiency(LEP) Plan. Train Department Heads on the procedure to follow when a person requests an interpreter. 11. Contract Compliance -- Establish procedures for reviewing contracts with sub-recipients, special interest programs and activities to include the Title VI Assurances; 12. Collection of Data—Collect statistical data, where available, on the impact of applicable construction projects on the different classes described in the Plan Statement; 13. Continuing Education --Attend Title VI Training as necessary. D. Department Head Responsibilities Each Department Head within the City of Greencastle is responsible for the following, under Title VI: 1. Ensuring applicable City contract documents contain the appropriate Title VI provisions; 2. Consulting with the Mayor and the Title VI Coordinator when Title VI complaints are received or issues arise; 3. Comply with the Plan Statement; 4. Develop and update internal policies and procedures to ensure Title VI compliance during all phases of projects, activities, etc.; 5. Ensure all business pertaining to the selection, negotiation and administration of applicable consultant contracts and agreements is accomplished without discrimination as set out herein; 6: Provide information in the appropriate language or interpreters as needed for individuals with disabilities and LEP persons. (-.\ E. Department Head Reporting The Department Heads must submit Title VI Compliance Review Forms to the Title VI Coordinator to be used as an assessment tool to determine whether the departments are in compliance with Title Vi and to ascertain instances where the Title VI Coordinator may provide training to help the Department Heads achieve its Title VI goals. The Title VI Coordinator will review the data collection procedures for each department periodically to ensure compliance with the City of Greencastle's Title VI Program requirements. The Department Heads should prepare the report and submit it annually on or around June 30th of each year. The following information should be included in each annual report submitted: 1. Number of federally funded projects awarded during the past year. 2. Number of Title VI complaints received during the past year, 3. Affirmation that staff understands the Title VI Policy and procedures set in place for the City. 4. Statistical data collected on ethnicity, race,gender and disability for all right-of-way relocates. 5. Information related to the public dissemination of the Tile VI Policy or Policy Statement. 6. Information on number of individuals who received Title VI training in each department including attendees, dates and locations. 7. Information on number of LEP persons needing assistance including service used, related cost, and a description of the communication needs of LEP persons. F. Training The Title VI Coordinator will make Title VI Program training available to employees, contractors, sub- recipients, and Department Heads. The training will be documented on the Training Log (Exhibit 6). The training will provide information on Title VI provisions and operation, and identify Title VI issues and resolution of complaints. A record of the training conducted will be kept by the Title VI Coordinator. G. Limited English Proficiency (LEP) Plan This Limited English Proficiency Plan has been prepared to address the City of Greencastle, Indiana responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, U.S.C. 2010. It implements regulations that provide that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives federal financial assistance, Executive Order 13166, titled Improving Access to Services for Persons with Limited English Proficiency, indicates that differing treatment based upon a person's inability to speak, read,write or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all state and local agencies which receive federal funds, including all City of Greencastle departments and divisions receiving federal grant funds. 1. Language Assistance A person who does not speak English as their primary language and who has a limited ability to read, write, speak or understand English may be a Limited English Proficient person and may be entitled to language assistance with respect to the City of Greencastle's programs and activities. Language assistance can include interpretation, which means oral or spoken transfer of a message from one language into another language and/or translation, which means the written transfer or a message from one language into another language. The City of Greencastle will determine when interpretation and/or translation are needed and are reasonable. The City of Greencastle staff shall consider the following to identify if an interpreter is needed or if an LEP person needs language assistance: a. Examine records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events. b. Have Language Identification Flashcards (see Exhibit 5)available at City Hall and other City venues near customer service areas easily accessible to the staff. Individuals self- identifying as persons not proficient in English may not be able to be accommodated with translation assistance at the time, but it will assist in identifying language assistance needs for future events. 2. Language Assistance Measures Although there is a very low percentage in the City of Greencastle of LEP individuals, that is, persons who speak English "not well" or"not at all", the City of Greencastle will strive to offer language assistance using the following measures: a. If an individual asks for language assistance and the City of Greencastle determines that the individual is an LEP person and if language assistance is necessary to provide meaningful access. The City of Greencastle has the discretion to determine whether language assistance is needed, and if so, the type of language assistance necessary to provide meaningful access. b, When an interpreter is needed, in person or on the telephone, staff will attempt to determine what language is required and access the language interpreting service to be used. c. The City of Greencastle will periodically assess the need for language assistance based on requests for interpreters and/or translation. I. Complaint Procedures 1. Overview Title VI of the Civil Right Act of 1964, as amended, and with its related statutes and regulations, prohibits unequal treatment or discrimination. Any person who believes they have faced unequal treatment or discrimination as to the receipt of benefits and/or services based on their race, color, national origin, disability, sex, sexual orientation, gender identity, religion, age, low income status or limited English proficiency, has the right to file a written complaint as described herein. Complaints should be filed with the City of Greencastle, Indiana's Title VI Coordinator. These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Civil Rights Act of 1987, the Americans with Disabilities Act of 1990, and other relevant regulations, statutes, directives and Executive Orders relating to any federally-funded contract or activity administered by the City. It also applies to sub-recipients, consultants, and contractors. Intimidation or retaliation of any kind is prohibited by law. The procedures do not deny the right of the complainant to file formal complaints with other state and federal agencies or to seek private counsel for complaints alleging discrimination. Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties, the Title VI Coordinator and the Department Heads may be utilized for resolution. 2. Procedure a. Any individual, group of individuals or entity that believes they have been subjected to discrimination prohibited by the above-described nondiscrimination requirements may file a written complaint with the City of Greencastle's Title VI Coordinator. A formal complaint must be filed within 180 calendar days of the alleged occurrence. (See Exhibit 3 for External Complaint of Discrimination form). b. Upon receipt of a written complaint, the Title VI Coordinator will determine its jurisdiction, acceptability, need for additional information, and investigative merit of the complaint. c. Once the Title VI Coordinator decides the course of action for the complaint, the complainant and the respondent will be notified in writing of such determination within five calendar days of receipt of complaint. The complaint will be logged into the Complaint Log (Exhibit 4) and the basis for the allegation identified. d. If the complaint is against a sub-recipient, consultant, or contractor under contract with the City, the appropriate department shall be notified of the complaint within 15 calendar days of receiving the complaint. e. The Title VI Coordinator will provide the respondent with the opportunity to respond in writing to the allegations made by the complainant. The respondent will have 14 calendar days from receipt of notification to furnish a response to the allegations. f. Within 60 days of receipt of the complaint, the Title VI Coordinator will prepare a written investigative report. The report shall include a narrative description of the incident, identification of persons interviewed, findings, and recommendations for disposition. g. The Title VI Coordinator shall provide the report and recommendations to the appropriate City employees and the Mayor. The report will be modified as needed and made final for its release to the parties. h. Once the investigative report and finding becomes final, the complainant and respondent shall receive a copy of the investigative report and shall be notified of their appeal rights. i. The City, at its discretion, may extend its deadlines above a reasonable amount of time, if more time is needed to complete a thorough investigation. 3. Appeals Procedure The complainant has the right to appeal to INDOT any determination that results in an unsubstantiated claim. The procedure for filing an appeal with INDOT is: a. Complainant must submit the appeal in writing to the Title VI Coordinator within 14 calendar days of receipt of the City's Letter of Findings/investigation Report. b. Complainant must cite in the appeal the specific portion(s)of the findings with which the complainant disagrees and the reason(s)for the disagreement. c, The City will forward the appeal and the record within seven calendar days to INDOT for review. d. 1NDOT has 30 calendar days after the receipt of the appeal to complete its review. Reasonable additional time may be added by INDOT at its discretion. e. Written findings of INDOT are then sent to the complainant and the City Mayor. J. Records The Title VI Coordinator will maintain all records of an investigation for the amount of time dictated by the State's Record Retention Schedule. K. Public Participation and Outreach The Title VI Coordinator will update the City's webpage, to include pertinent Title VI information as it becomes available. L. Title VI Civil Rights Compliance Reviews The City of Greencastle, Indiana shall perform annual reviews to determine overall compliance with its Plan Statement, including performing annual reviews through interviews and document reviews within each department. In addition, the City has adopted the goals set out in Exhibit 1. Exhibit '1 PROGRAM GOALS 2016 GOAL GOAL DATE Investigate a language service for all Departments to utilize for LEP persons 1st QTR Place the Title VI statement and complaint form on the City's website 2nd QTR Develop a compliance review form 20° QTR Publish Title VI Statement in the local newspaper(s) 2nd QTR Train the Department Heads on the Title VI Program 3rd QTR and LEP Plan Develop annual reporting process for the Department Heads 3rd QTR Provide Title VI training and/or information to sub- 4th QTR recipients Develop a public involvement survey 4th QTR Review Title VI Implementation Plan 4th QTR • O 40 EXHIBIT 2 The United States Department of Transportation(USDOT) Standard Title VI/Nondiscrimination Assurances DOT Order No. 1050.2A The (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 the Office of the Assistant Secretary for Research and Technology(OST-R), is subject to and will comply with the following: Statutorvv/Reeulatory 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. § 50.3 (U.S.Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Unifonn 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; • 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); • The Civil Rights Restoration Act of 1987,(FL 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); • Title 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 49 C.F.R.parts 37 anti 38; • 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). 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 OST-R. 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 University Transportation Centers Program: 1. The Recipient agrees that each"activity,""facility,"or"program,"as defined in§§ 21.23(b)and 411 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 University Transportation Centers Program and,in adapted form,in all proposals for negotiated agreements regardless of binding source: • "The 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 insure 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 B 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 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: 041 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, (Name of Recepient) 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 OST-R 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 OST-R. You must keep records,reports,and submit the material for review upon request to OST-R,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. • (Nome ofnecapient) 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 University Transportation Centers Program. This ASSURANCE is binding on {Name of Receplent) other recipients,sub-recipients,sub-grantees,contractors,subcontractors and their subcontractors',transferees, successors in interest,and any other participants in the University Transportation Centers Program. The person(s)signing below is authorized to sign this ASSURANCE on behalf of the Recipient. (Name of Recepient) (Name of Recipient) by (Signature of Authorized Official) DATED all 014 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,Office of the Secretary for Research and Technology(OST-R), 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,national origin,sex,age,or disability 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 OST-R 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 OST-R,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 OST-R 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,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 OST-R may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor becomes involved in,or 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. 1 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 will accept title to the lands and maintain the project constructed thereon in accordance with the Uniform Administrative Requirement,Cost Principles,and Audit Requirements for Federal Awards(2 C.F.R.Part 200),the regulations for the administration of the University Transportation Centers Program,and the policies and procedures prescribed by the Office of the Secretary 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 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 and its 4111 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 fora purpose for which Federal financial Accistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the its successors and assigns. The ,in consideration of the conveyance of said lands and interest 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 will use the lands and interests in lands and interest 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.) it (414/4 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 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,pennittee,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, 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 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 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.) • 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 (I)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 or,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 of the above Non-discrimination covenants, _. will have the right to terminate the (license,permits,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 010 made or issued.* C. With respect to deeds,in the event of breach of any of the above Non-discrimination covenants, will there upon revert to and vest in and become the absolute property of 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 VL) I APPENDIX E During the performance of this contract,the contractor,for itself,its assignees,and succors 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,cured,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 S 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 of 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 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 because of sex in education programs or activities(20 U.S.C. 1681 et seq). • Exhibit 3 EXTERNAL COMPLAINT OF DISCRIMINATION Laurie Hardwick,Title VI Coordinator City of Greencastle, Indiana 1 N,Locust Street Greencastle, IN 46135 Telephone number: (765) 655-2301 Fax number: (765)653-8707 Email address: Irhardwick@cityofgreencastie.com INSTRUCTIONS: The purpose of this form is to help any person interested in filing a discrimination complaint with the City of Greencastle, Indiana. If the complaint is against the City of Greencastle, Indiana, the City's Title VI n Coordinator will forward it to the appropriate state or federal agency for investigation. You are not required to use this form. You may write a letter with the same information, sign it and return it to the address printed above. All items in bold must be completed. Failure to provide complete information may impair the investigation of your complaint. The City of Greencastle, Indiana will provide assistance if you are an individual with a disability or have limited English proficiency. Complaints may also be filed using alternative formats, such as computer disk, audiotape or Braille. For TTY customers, dial 711 to reach the Indiana Relay Service. You also have the right to file a complaint with other state or federal agencies that provide federal financial assistance to the City of Greencastle, Indiana. Additionally, you have a right to seek private counsel. The City of Greencastie, Indiana and ifs sub-recipients, consultants, and contractors are prohibited from retaliating against any individual because he or she, in good faith opposed an unlawful policy or practice, filed charges, testified, or participated in any complaint action under Title VI or other nondiscrimination authorities. Please make a copy of your complaint form for your personal records. Mail the original complaint form along with any copies of documents or records relevant to your complaint to the address above. Complaints of discrimination must be filed, within 180 days of the date of the alleged discriminatory act. If the alleged act of discrimination occurred more than 180 days ago, please explain your delay in filing this complaint. **Your complaint cannot be processed without your signature. COMPLAINT INFORMATION Name(first, middle, and last) Address(number and street,city, state and ZIP code) Home telephone number Work telephone number Cellular telephone number PERSON/AGENCY YOU BELIEVE DISCRIMINATED AGAINST YOU Name(first, middle, and last) Title Name of company Address(number and street,city, state and ZIP code) Home telephone number Work telephone number Cellular telephone number When was the last alleged discriminatory act?(month, day,year) Complaints of discrimination must be filed within 180 days of the date of the alleged discriminatory act. If the alleged act of discrimination occurred more than 180 days ago, please explain your delay in filing this complaint. The alleged discrimination was based on: ❑ Race LI Color 0 Age ❑ Gender ❑ National Origin ❑ LEP ❑ Disability U Ancestry ❑ Retaliation ❑ Religious Affiliation ❑ Income Status ❑ Sexual Orientation U Gender Identity Name of complainant Date(month,day,year) Describe the alleged act(s)of discrimination (Use additional pages, if necessary) Name of Complainant Date (month, day,year) Name of witness I (first, middle, and last) Title Name of company Address (number and street, city state and ZIP code) Home telephone number Work telephone number Cellular telephone number ( ) ( ) - ( ) - Include a brief description of the relevant information the witness may provide to support your complaint of discrimination. Name of witness 2(first, middle, and last) Title Name of company Address (number and street, city state and ZIP code) 0041 Home telephone number Work telephone number Cellular telephone number ( ) - ( ) - ( ) - Include a brief description of the relevant information the witness may provide to support your complaint of discrimination. Name of witness 3(first, middle, and last) Title Name of company Address(number and street, city state and ZIP code) Home telephone number Work telephone number Cellular telephone number 1 ( ) - ( ) - ( ) - Include a brief description of the relevant information the witness may provide to support your complaint of discrimination. 1 Signature Date signed (month, day, year) I Exhibit 4 City of Greencastle, Indiana TITLE VI COMPLAINT LOG YEAR: Basis of Complaint Date Case Sub- (race, Date of No. Investigator(s) Complainant recipient color, or Filed Final Action national Report Taken origin) Exhibit 5 Language Identification Flashcards �• 2004 CUat't.�asts�t.�, Census 2010 Test LANGUAGE IDENTIFICATION FLASHGARD ❑ .k..,,..31 ji i,,:,,:.,s lai t-tyi11,_a ;i.hx= 1.Arabic ❑ IU'tute„L+I' II II4 `►aZnu1' Ituiuuurh4 us„pi ,unwllnIunLth, hldb I'''emtnl. Ira litistitnul' to iirioNs: 2.Armenian ❑ I111 A1111 'it1/4”1 4 4(6ic uT :(Ci .9 3KTM VI lytcf I 3. Bengali • ❑ fuyiuunNltirpu litltl3: !chyme ti8tuluitlA l Sat '1 4. Cambodian Moika i kahhon ya yangitt untunguu'manaitai pat antangnu'kumentos Chat ono. 5. Chamorro ❑ .illl: i fi it'�tksavtiii5C, 't fifflit , 8. Simplified Chinese 410 ❑ 7.Traditional Al�.fjJtFlt'sr#� n1 Chinese ❑ OznaCite ovaj kvadratic ako itate ill govorite hrvatski jezik. . 8.Croatian Zafikrtttete tuto kolonku, tete a hovoilte Lesky. 9. Czech ❑ Kruis dit vakje aan ads u Nederlands kunt lezen of spreken. 10. Dutch ❑ Mark this box if you read or speak English. 11. English n .z;y�:.its 1� y.J I�a;.: r►Ai 04)u �;���;ty BSI 12. Farsi 1,8-3303 us DEPARTMENT OF co WOVIURCi El.„ mai Stwiesierxa,.:�.... V It 01[133W IVAE O • El Cocher ici si vous lisez ou parlez k frantais. 13. French Kreuzen Sie dkses Khstchen an,wenn Sie Deutsch lesen oder sprechen. 14. German ❑ �.,WEtthaTE auto TO itXalCftO aV&c43 t(ETE t�pttAt!tTE EXAtIVtK?1, 15. Greek El 16. Haitian Make kazye sa a si ou li oswa ou pale kreyi l ayisyen. Creole O 3firrr 3JTtT - Y 41,4 vrr t a Fr c' eft t r trr ' rsr i t it I 17. Hindi Kos lub voj uo yog koj paub twm thiab hais lus limooh. 18. Hmong �..� Jeliilje meg en a kockat,ha megcrt➢vagy beszt li a magyar nyelvet. 19. Hungarian Markaam daytoy nga kahon no makabasa wenno makasanka iti ilocano. 20. Ilocano Marchi questa casella se legge oparla italiano. 21. Italian ul? 22. Japanese °, taq 5,1kv,11. 01 1-611 23. Korean Zintuiiut;itie�il ii��h�us�L1 t1�^LS�s�a�3. 24. Laotian Prosiniy o zamaczenie tego kwadratu,jeieli poshtguje sib P4n1Pani 25. Polish kzykiem polskim. 0&33113 US.DEPARTME4rr oc COMMERCE fm.o..v awdtdtimics AiniieesGa U.B.CENSUS MEAU Assinale este quadrado se voce le ou fala portugues. 26. Portuguese Insemnati accusta ciisnta dac:t cititi scut vorhiti roni ncgte. 27. Romanian flown-tire wii)T Ktt ttpa'rHK,ecJllt ai i "ar acie unit ronopirP:iu -pyeei<u. 28. Russian El 06emIe>Iurre onaj Klsanpanth yKonimo'nsraTe Iinsi roBoptuTe cpnCKtt jeans, 29. Serbian ❑ O• znaete tento.tvor ek,ak viete eitat'alebo hovorit'po slovensky. 30. Slovak El Marque esta casilla si lee o habla espa►tol. 31. Spanish El M• arkahan itong kuwadridu kung kayo ay tnatunong magbasa o magsalita ng Tagalog. 32.Tagalog i 1t„ntlriittau,ttit;,a'tu9rt•a�iatilutiututtt7tl�n�tii'lntt. 33.Thai Maaka'I he puha ni kapau'oku ke lau pe lea fakatonga. 34.Tongan Hifptimie tpo rialto tat gtirraere a6o ronoptrre yKpalltebxoto mottoto. 35. Ukranian . • . I„JM Oa•;Lf»Livlfl.4Jr`•2.,'La.y»it ICI 36. Urdu X• in d;nh dau vao tt nay ti u qu}. vi bier dye va ntii(Woe Vitt Ng&. 37.Vietnamese ti�rtx v rvi iv�t�u)v„y itx a»tl'vs vp ov'r vinsma 38.Yiddish oszura USOEA4R MENrOFCOMMERCE Emnasmk.sl3t.dti Id..:.intr.ow U9.CEN UttBUREAO Exhibit 6 TRAINING LOG Training Program: Instructor: NAME TITLE DATE