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
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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
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Census 2010
Test LANGUAGE IDENTIFICATION FLASHGARD
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hldb I'''emtnl. Ira litistitnul' to iirioNs: 2.Armenian
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❑ .illl: i fi it'�tksavtiii5C, 't fifflit , 8. Simplified
Chinese
410 ❑ 7.Traditional
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❑ 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
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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
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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
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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