TITLE VI
IMPLEMENTATION PLAN
Draft: August 19, 2026
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CITY OF MENIFEE
TITLE VI PLAN
INDEX
COMPLAIN PROCEDURE 4;.........................................................................................................................................4 DATA COLLECTION 7;..................................................................................................................................................7 Exhibit A 21;...................................................................................................................................................................19 Exhibit B 21;22;.............................................................................................................................................................20 Exhibit C 23;...........................................................................................................................................................22, 23 Four-Factor Analysis 17;............................................................................................................................................15 Grievance Policy...........................................................................................................................................................5 GRIEVENCE POLICY 6;.................................................................................................................................................5 INTRODUCTION 3;.........................................................................................................................................................3 LIMITED ENGLISH PROFICIENCY(LEP) 14;..............................................................................................................12 LIST OF TRANSIT-RELATED INVESTIGATIONS, COMPLAINTS AND LAWSUITS 8;..............................................8 ORGANIZTION, STAFFING, AND STRUCTURE 11;..................................................................................................10 OUTREACH AND RESOURCES 13;...........................................................................................................................12 Public Participation Plan (PPP) 9;...............................................................................................................................8 Safe Harbor Provision 19;..........................................................................................................................................18 3 5
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INTRODUCTION
CITY OF MENIFEE
The City is a recipient and sub-recipient of financial assistance from federal aid programs.
Recipients and sub-recipients of this financial assistance are required to comply with various non-discrimination laws and regulations, including Title VI of the Civil Rights Act of 1964 (Title VI). Title VI requires 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 subjected to discrimination under any program or activity receiving Federal financial assistance.” Other non-discrimination statutes that afford legal protection are Section 162 (a) of the Federal- Aid Highway Act of 1973 (FAA) (23 U.S.C. 324) (sex), Age Discrimination Act of 1975 (age), and Section 504 of the Rehabilitation Act of 1973 / Americans of Disabilities Act of 1990 (ADA) (disability). In addition, the Civil Rights Restoration Act of 1987 defines the word “program” to make clear that discrimination is prohibited throughout an entire agency if any part of the agency receives federal financial assistance.
This document was prepared by the City of Menifee in coordination with relevant departments in compliance with Title VI of the Civil Rights Act of 1964, including new provisions detailed in U.S. Department of Transportation's FTA Circular 4702.1B, "Title VI Requirement and Guidelines for Federal Transit Administration Recipients." The City of Menifee commits to ensure that none of its activities or programs treats any part of the community any differently than another. The City expects every manager, supervisor, employee, vendor, and contractor being a sub-recipient of federal aid funds administered by the City to be aware of and apply the intent of Title VI of the Civil Rights Act of 1964 in performing assigned duties.
The Federal Aviation Administration (FAA), Federal Highway Administration (FHWA) and Federal Transportation Administration (FTA) require recipients of Federal financial assistance in FAA programs, federal-aid highway funds and federal-aid public transportation funds to prepare and implement a program to clarify roles, responsibilities and procedures established to ensure compliance with Title VI of the Civil Rights Act of 1964. The City's Title VI Program outlined in this Title VI Implementation Plan focuses on fair and equitable access by the public and provides the policy direction necessary to ensure compliance with Title VI of the Civil Rights Act of 1964.
All exhibits are hereby incorporated into the Plan by this reference. 4 5
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TITLE VI COMPLAINT PROCEDURE
CITY OF MENIFEE
Any person who believes they have been subject to discrimination within the City’s programs or activities because of their race, color, or national origin, may file a Title VI complaint within 180 days of the alleged discrimination act, practice, or incident. The Title VI complaint procedure and Complaint form (Exhibit B) can be obtained at the Public Works Department at City Hall (29844 Haun Road) and online at www.menifee.ca.gov/TitleVI. Complaints may be submitted in writing, by email, or in person to the Title VI Coordinator. In cases where a complaint is unable or incapable of submitting a written complaint, a verbal complaint may be made and will be documented by City staff.
To request an alternate format of this Notice or for additional information on the City of Menifee’s nondiscrimination obligation, please contact the City by mail, telephone or email using the information below:
Public Works Department
29844 Haun Road
Menifee, CA 92586
Email: [email protected]
Alberto Paiva Jr, Deputy Public Works Director/City Engineer Title VI Coordinator
29844 Haun Road
Menifee CA, 92586
951-723-1781
Any person may also file a complaint directly with:
Federal Transit Administration
Civil Rights Division Attention: Complaint Team East Building, 5th Floor – TCR 1200
New Jersey Avenue, SE Washington, DC 20590
Federal Highway Administration
U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Avenue, SE 8th Floor E81-105
Washington, DC 20590
California Department of Transportation Office of Civil Rights Attention: Title VI Branch
PO Box 942874, MS 79,
Sacramento, CA
[email protected]
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The City’s Department Liaison will process complaints that are completed and include the following information:
Complainant’s contact information
Date(s) of alleged discriminatory act(s)
Details of alleged discrimination
Identification of the City Department responsible for the alleged discrimination. Basis of complaint (e.g., race, color, or national origin) Signature of the complainant or complainant’s representative.
Notice of Rights
The City of Menifee will publicly display the “Notice of Rights”, available in Exhibit A of this plan at various City Facilities and customer service counters, and on the City’s website at https://www.menifee.gov.ca/TitleVI.
The Notice informs the public that the City complies with Title VI of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any of its programs, activities, or services.
The Notice also provides information on the public right to file a Title VI complaint and how to obtain additional information regarding the Cit’s Title VI Program.
GRIEVENCE POLICY
CITY OF MENIFEE
Grievance Policy
The City of Menifee is committed to ensuring that people with disabilities are able to take part in and benefit from, the variety of public programs, services, and activities offered by the City. The City of Menifee continues to modify its facilities, programs, policies, or practices as necessary to ensure such access is provided.
Grievance Procedure
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), and ADA Amendments Act of 2008, the City of Menifee (City) does not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. The Americans with Disabilities Act and Title VI requires that public entities adopt and publish grievance procedures to assure the prompt and equitable resolution of any grievance. The purpose of this grievance procedure is to resolve as promptly as possible any problems, grievances, or conflicts related to the City’s compliance without the need for the grievant to resort to other remedies available under the law. 6 5
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Who may file a grievance?
You or your authorized representative may file a grievance if you believe that:
The City is not in compliance with the physical access requirements of the Americans with Disabilities Act related to its public facilities, land, or rights-of-way, or you or a specific class of individuals have been denied access to participate in any City program, service, or activity on the basis of race, color, sex, age, national origin, or disability, or you or a specific class of individuals have been otherwise subjected to discrimination on the basis of race, color, sex, age, national origin, or disability by the City of Menifee, or the City has otherwise violated ADA or Title VI.
This is not for employment or employee related issues.
When should grievance be filed?
Before filing a grievance, you may seek informal resolution by contacting the Department Liaison in the applicable department. If your informal concern is not resolved in a timely fashion, you may file a formal grievance under this procedure. You are encouraged to file your grievance as soon as possible within 180 business days.
What should grievance include?
The grievance should be in writing and contain information about the grievance, submission date, name, address, telephone or cell phone number of grievant, location, date and description of the incident. An alternate means of filing grievances, such as personal interviews or audio recording of grievance, will be made available for people with disabilities upon request.
What if I need assistance filling out my grievance?
Grievances may be filed by mail, telephone, or email. Assistance is available from the City Title VI Coordinator.
What happens after I file my grievance?
After receiving your grievance, the Department Liaison will investigate within 15 business days.
The investigation may include you and any other person(s) the investigator believes to have relevant knowledge concerning your grievance. The investigator will also consider any written evidence submitted. After completing the investigation, the investigator will review the factual information gathered. The Department Liaison will then issue a written response.
When will I receive a response?
The Department Liaison will provide a response within 15 business days.
Should I be concerned that a City officer or employee might retaliate against me if I complain?
The City does not retaliate against you for filing a grievance and does not permit retaliation by its officers or employees. Please notify the City Department Liaison of any retaliation.
What can I do if I am not satisfied with the initial investigation by the department? If you are not satisfied with the response, you may submit an appeal within 15 business days of your receipt of the response to the ADA/Title VI Coordinator [email protected] stating the reason for the appeal. Within 15 business days after receipt of the appeal, the 7 5
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ADA/Title VI Coordinator/ADA Task Force will meet with the grievant to discuss a resolution.
Within 15 business days after the meeting, the ADA/Title VI Coordinator will respond with a final resolution. If you are not satisfied with the results of the appeal, you may file a complaint with the appropriate agency or department of the state or federal government. Contact the U.S.
Department of Justice, the U.S. Department of Education Office for Civil Rights, Federal Transit Administration (FTA) or the California Department of Justice Civil Rights Division for information about how to file a complaint with these agencies at www.ada.gov. Using this grievance procedure is not a prerequisite to pursuing any of your other remedies. However, in the interest of a prompt resolution of grievance, the City encourages you to use this procedure in addition to any other available alternatives you may choose.
How long are grievances kept?
All grievances received by the Department Liaison and appeals to the ADA/Title VI Coordinator will be kept by the City of Menifee for at least three (3) years.
Appeal to Federal Transit Administration – Regional Level If the Complainant wishes to appeal against the decision, she or he has 30 days after the date of the letter to do so. Complainant may contact the Federal Transit Administration, Regional Civil Rights Officer, 201 Mission Street, Suite 650, San Francisco, CA 94105- 1839, (415) 744- 2729, Fax - (415) 744-2726.
Appeal to Federal Transit Administration - National Level A person may also file a Title IV complaint, no later than 180 days after the date of the alleged discrimination, directly to the Federal Transit Administration, Office of Civil Rights, 1200 New Jersey Avenue., SE, Washington DC 20590.
DATA COLLECTION
CITY OF MENIFEE
The City will be continually working to improve data collection and analysis methods to provide greater effectiveness of the Plan. City departments may collect and analyze data related to their respective programs, projects, activities, and services. This data helps the City determine the needs and characteristics of the communities impacted by its programs, projects, and services. In turn, this supports the City in tailoring its services to its population, deliver effective and equitable services, and ensure meaningful access to information, programs, and activities.
City departments are responsible for reviewing their data collection and analysis procedures to ensure outreach methods are effective.
Demographic and related data collected and used by City staff comes from governmental sources responsible for collecting and analyzing the information for consistency and accuracy.
These sources include, but are not limited to, the U.S. Bureau of Labor Statistics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, the California Employment Development Department.
The U.S Census Bureau estimates that City of Menifee has 117,042 residents based in July 1, 2024, Census. The U.S. Census Bureau collects race data in seven categories: White; Black or 8 5
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African American; American Indian or Alaska Native; Asian; Native Hawaiian or Other Pacific Islander; Hispanic and Some Other Race.
Census indicates that 45.9 percent of residents identify as White alone; 6.4 percent of residents identify as Asian alone; 7.7 percent of residents identify as Black or African American alone;
21.4 percent of residents identify as two or more races alone; 0.3 percent of residents identify as Native Hawaiian and other Pacific Islander alone; 1.5 percent of residents identify as American Indian and Alaska Native alone. The 2024 Census indicates that 41.2 percent of residents identify with a Hispanic, Latino, or Spanish origin. The 2020- 2024 Census four-year estimates also indicate that 24.4 percent of City residents over 5 years of age speak a language other than English at home.
For federally funded projects, City staff may employ various methods to collect project specific demographic data during the public outreach process. These methods may include social media releases, surveys, public meetings, and public comments collected on project websites.
TITLE VI
CITY OF MENIFEE
LIST OF TRANSIT-RELATED INVESTIGATIONS, COMPLAINTS AND LAWSUITS The City of Menifee currently does not have any transit-related investigations, complaints or lawsuits with regards to Civil Rights Violations.
Public Participation Plan (PPP)
CITY OF MENIFEE
PURPOSE
The City of Menifee’s Public Participation Plan (PPP) is organized to work in concert with Title VI Plan and is the Limited English Proficiency Plan (LEP). The purpose of the PPP is to establish procedures that allow for, encourage, and monitor participation of all citizens living and working in the City, and users of public transportation. Special attention will be paid to soliciting input from low-income and minority communities that are traditionally underrepresented.
Several outreach techniques will be used to solicit input for the PPP. The various techniques will be used as applicable at neighborhood and community meetings. Cognizant of individuals with LEP, material will be developed at a fourth grade reading level and translated in Spanish and other languages upon request.
GOALS AND OBJECTIVES
The City’s PPP has a single comprehensive goal: to allow the public opportunities throughout the planning process to influence decisions. In order to meet this goal, the City has established the following objectives:
1. Identify the most appropriate methods for reaching the public. 9 5
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2. Determine whether there are any barriers to public participation within the City area (i.e. non-English language or other cultural barriers).
3. Hold meetings in locations which are accessible and reasonably welcoming to all area residents, including but not limited to low-income and minority members of the public.
4. Keep the public informed through effective channels of communication and allow input from those not likely to attend meetings.
5. Work to actively involve the public in programs, policy-making and projects.
6. Ensure that the City’s public involvement plan is dynamic and responsive.
7. Use various illustrative visualization techniques to convey the information including but not limited to charts, graphs, photos, maps and the internet.
IDENTIFICATION OF STAKEHOLDERS
Stakeholders are those who are either directly, or indirectly, affected by a plan, or the recommendations of that plan. Those who may be adversely affected, or who may be denied benefit of a plan’s recommendation(s), are of particular interest in the identification of specific stakeholders. Stakeholders are broken down into several groups: general citizens, minority and low-income persons, public agencies, private organizations and businesses.
PERFORMANCE METHODS
On an annual basis, the City will undertake an internal review of its public participation plan’s effectiveness of engaging the public, by examining criteria, such as:
• Records from public meetings,
• Records of responses to citizen email, and
• Input from the general public
PUBLIC PARTICIPATION PLAN (PPP)
Availability of this Plan for review will be advertised in a manner reasonably expected to reach the general public, as well as minority populations, low-income persons, and traditionally underserved populations. This could occur through outreach techniques mentioned earlier in this document. Notification to stakeholders is available in English and Spanish, and other languages upon request.
The City also receives funding from the Riverside County Transportation Commission (RCTC) that are applied towards the GoGo Grandparent service and Care-A-Van. The City offers transportation workshops at Kay Ceniceros Senior Center to provide information on all the options available for free/low-cost transportation for seniors and disable residents through the City’s Specialized Transit Program.
This Plan is organized to work in concert with the PPP, the Federal Transit Administration (FTA) and the City of Menifee Language Access Plan for Limited English Proficiency (LEP) individuals.
The purpose of this Plan is to establish procedures that allow for, encourage, and monitor participation of all citizens living and working in the City, and users of public transportation. 10 5
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The City is committed to a policy of non-discrimination in employment practices and reaffirms its commitment that no person shall benefit or be discriminated against on the basis of race, color, national origin, or any other basis that is inconsistent with federal or state statutes or regulations, and City of Menifee ordinances, resolutions, rules, or regulations.
City Manager Date
ORGANIZATION, STAFFING, AND STRUCTURE
CITY OF MENIFEE
The City Manager is ultimately responsible for assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes and has directed that non- discrimination is required of all City employees, contractors, and agents pursuant to 23 CFR Part 200 and 49 CFR Part 21. The Title VI Coordinator is responsible for implementing the City’s Title VI Plan and coordinating the City’s compliance with Title VI and related statutes, regulations, and directives. The Title VI Coordinator has direct access to the City Manager and Department Directors. The City has designated the Deputy Public Works Director/City Engineer, or designee, to perform the duties of the Title VI Coordinator. The Public Works Department serves as the lead department for implementation of the City’s Title VI Plan, including public-facing compliance administration, complaint intake and routing, coordination of complaint review and response, annual reporting, and oversight of applicable federal-aid compliance requirements. City departments support implementation of the Title VI Plan within their respective operational areas. Human Resources supports internal implementation efforts through employee training administration, training completion tracking, and internal coordination support as needed. City Management supports public information and organizational coordination as appropriate.
The Title VI Coordinator is responsible for:
Submitting a Title VI Plan and annual reports on the City’s behalf. Developing procedures for prompt processing and disposition of discrimination complaints.
Leading and investigations of complaints, logging and documenting resolution of complaints, and reporting complaints received to state and federal agencies, as appropriate.
Participating in the design, development, and dissemination of Title VI information to the public.
Establishing procedures for resolving deficiency status and reducing to writing the remedial action agreed to be necessary.
Coordinating Title VI Plan development with department directors including developing procedures for collection and analysis of statistical data, developing a program to conduct Title VI reviews of program areas; and conducting annual Title VI assessments of pertinent program areas in each of their departments.
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Supporting the development and implementation of Title VI training for all staff. Establishing procedures to ensure that Title VI Assurances are incorporated into all Federal-aid contracts and agreements.
Each City Department Director, or designated Title VI Department Liaison for their department, will support the following Title VI compliance activities:
Day-to-day operations of the Title VI Plan in their respective departments. Serving as the point of contact between the Title VI Coordinator and the department on all relevant Title VI issues, training, and complaints, assisting with investigations as needed and coordinating complaint disposition with the Title VI Coordinator. Preparing relevant department data and performing program area review for the Title VI annual report.
Ensuring recommendations related to Title VI compliance are implemented. Assisting in their department's compliance efforts, including the tracking of Limited English Proficiency encounters, and/or otherwise assessing and remediating language access needs.
Participating in all required Title VI training courses and relaying information as needed to department staff to ensure compliance.
Reviewing all federal-aid contracts and agreements managed by their departments to ensure Title IV assurances are included.
The following chart represents the reporting structure of all departments involved in the City’s Title VI Plan and compliance process.
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TITLE VI OUTREACH AND RESOURCES
CITY OF MENIFE
Table A: English Proficiency by Language Spoken at Home for Menifee’s Residents Population Estimate
Percent
Total 117,042 100%
Speak only English 76,193 69.1%
Speak English "very well" 20,632 18.7%
Speak English less than "very well" 6,292 5.7%
Spanish 26,924 24.4%
Other Indo – European 1,013 1%
Asian and Pacific Island 4,727 4.6 %
Source: U.S. Census Bureau. "Language Spoken at Home for the Population 5 Years and Over." American Community Survey, ACS 5-Year Estimates Detailed Tables, Table C16001, 2019- 2024
LIMITED ENGLISH PROFICIENCY(LEP)
CITY OF MENIFEE
Limited English Proficiency (LEP) person is a person who does not speak English as a primary language and has a limited ability to read, write, or comprehend English. Per Executive Order (EO) 13166, agencies that receive Federal funding must examine their Federally funded services and develop and implement processes that will allow LEP people to meaningfully access said services. Executive Order 13166 also requires that agencies receiving Federal funding establish guidance for providing meaningful access to LEP people, prepare a plan to overcome language barriers in Federally funded programs and activities, and ensure that stakeholders have adequate opportunity to provide input. Although Executive Order 13166 was revoked by Executive Order 14224, Executive Order 13166 informs compliance with Title VI requirements and obligations.
As shown in Table A above 5.7% of residents in the City are considered LEP people, with the majority of those LEP people primarily speaking Spanish.
REFERENCES
U.S. Census Bureau, 2024 Decennial Census
U.S. Census Bureau, 2019-2024 American Community Survey five-year estimates. 13 5
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Federal Register, Volume 68, Number 103, Civil Rights Center; Enforcement of Title VI of the Civil Rights Act of 1964; Policy Guidance to Federal Financial Assistance Recipients Regarding the Title VI Prohibition Against National Origin Discrimination Affecting LEP Persons: Notice (May 29, 2003).
Executive Order 13166, Improving Access to Services for Persons with LEP (August 11, 2000)
Department of Labor (DOL) Training and Employment Guidance Letter (TEGL) 26- 02, Publication of Revised Guidance Regarding the Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (May 29,2003) Background
Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency” requires that federal agencies work to ensure that the recipients of federal financial assistance provide meaningful access to their LEP applicants and beneficiaries.
As such, local agencies should ensure that federally funded programs and activities normally provided in English are accessible to LEP people. Each local agency shall perform an annual assessment to determine if modifications are needed to their programs and activities to ensure meaningful access by LEP people. The assessment which is referred to as a “Four- Factor” analysis is based on the following factors:
1. The number or proportion of LEP people eligible to be served or likely to be encountered.
2. The frequency of LEP contacts.
3. The nature and importance of the programs, services, or activities provided by the City of Menifee.
4. Resources available for LEP people.
The City of Menifee is 78 miles south of Los Angeles and 74 miles north of San Diego and has a population of approximately 117,042 (US Census: American Community Survey 2020-2024 5- Year Estimate). Of the 117,042 residents, approximately 24.4% of the residents are Spanish speaking, and 1.1% of the residents are Other Indo-European Language speaking.
TITLE VI INFORMATION DISSEMINATION
To ensure that Title VI and related Civil Rights information is readily available to the public, the City will develop public notices consisting of posters, flyers, complaint forms and “I Speak” cards that are available in English, Spanish, and Asian and Pacific Island languages. The languages selected for the informational materials were based upon language data provided from the US Census; see Table A above. Said flyers and posters will be placed in the City Hall lobby, in a highly visible and accessible location. The public notices will also be available for viewing on the City’s website, at http://www.menifee.gov.ca/TitleVI.
OUTREACH TECHNIQUES
Below is a list of outreach techniques that the City may use to actively solicit public input in the planning process of a project.
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Newsletter:
The Menifee Magazine and Media Alerts provide the public and local government partners with progress updates on projects and programs. These newsletters will provide a frequent channel of communication with the public and allow the public to stay informed.
Website:
A well-organized and engaging website is the City’s communication strategy. The website will offer a user-friendly structure and linguistic style understandable to lay people interested in projects and the planning process.
Social Media:
The City will utilize common social media forums (Facebook, Twitter, etc.) to disseminate project information.
Public Notices:
The City will include notations in public notices in appropriate non-English languages that will provide a contact where the individual can be informed of the process/project and will have an opportunity to give input.
Public Meetings & Focus Groups:
The City will host public meetings and focus groups to discuss topics/projects of public interest and follow all federally prescribed guidelines regarding public comment periods. The City will make a good faith effort to notify the public, such as posting in workplaces. At meetings, the City will utilize visualization aids, such as power-points and maps to assist the public in understanding the situation.
Contracted Language Interpretation Services: The City has two contracts: Interpreters Unlimited and Alliance for African Assistance. These vendors provide foreign language and American Sign Language interpreting services. Language identification cards are made available at public counters and services can be provided for regularly scheduled public meetings upon request.
The City has a service provider to translate written documents of vital information identified by the department’s business needs and upon request. Considerations to convert text to target language are localization, internationalization, and globalization.
Environmental Justice:
In accordance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations), City staff will identify and address the environmental effects of programs, policies, and activities on minority and low-income populations for federally funded projects. Staff will consider demographic data during project design and involve the public in the planning and development process to assess the environmental impacts of projects on the community. The public’s input and demographic data analysis will enable staff to develop measures to mitigate any potential adverse effects on minority and low-income populations.
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Data Collection and Analysis:
Demographic and related data collected and used by City staff comes from governmental sources responsible for collecting and vetting the information for consistency and accuracy.
These sources include, but are not limited to, the U.S. Bureau of Labor Statics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, and the California Employment Development Department.
Additionally, staff may also collect project-specific demographic data utilizing data collection as appropriate through the public outreach process on Federally funded projects. Such outreach that may give Staff the opportunity to collect demographic data may include door hangers, posters, emails, social media releases, press releases to local newspaper, public meetings, virtual meetings, and public comment through websites generated for projects.
Contract Documents and Agreements:
The City’s Title VI Coordinator will ensure that any federally funded project document contains any necessary Title VI assurances and other languages. Such assurances may include, but are not limited to:
FHWA Form 1273 (Title VI and other non-discriminatory requirements) Required on all FHWA contracts and subcontracts valued greater than $10,000 Caltrans Title VI Assurances Appendix A-E
Appendix A-E to be attached to Federal-Aid contracts
Additionally, City staff will include the provisions indicated in the “Administering Agency- State Agreement for Federal-Aid Projects Master Agreement” in the Local Assistance Program Manual (LAPM) in contracts and agreements, where applicable, between the City and contractors.
The City will continue to utilize the “Local Agency Construction Contract Administration Checklist” (Exhibit 15-A of the LAPM), which confirms that DBE and labor/Equal Employment Opportunity (EEO) compliance requirements are performed and documented in the project files.
Exhibit 15-A of the LAPM documents that the local agency will meet all the requirements prior to the award of a construction contract.
Lastly, the City will continue to utilize the “Resident Engineer’s Construction Contract Administration Checklist” (Exhibit 15-B of the LAPM) on federal-aid projects. The checklist assists in administering federal-aid highway construction projects and provides a record that the EEO/Wage Rate/False Statements posters are being posted at specific locations, that employee interviews will be conducted in accordance with the Labor Compliance/EEO interview form, and that DBE requirements are met. City staff will continue to submit Exhibit 15-B, along with the Award Package, shortly after award of the construction contract.
Four-Factor Analysis
1. The number or proportion of LEP people eligible to be served or likely to be encountered As shown in Table A above, the City has approximately 117,042 residents. 6,292 (5.7 %) of residents in the City are considered LEP people, with the majority of those LEP people primarily speaking Spanish (26,924; 24.4% of the community) and Other Indo-European Languages 16 5
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(1,013; 1.0% of the community). The remaining 4,727 (4.6%) of the population speak Asian and Pacific Island languages or other languages.
2. The frequency of LEP contacts
No data has been collected regarding the frequency of contact with LEP people in the City.
Based on observation from Finance Department front-counter staff, the frequency for interpretation from Spanish to English is on average twice per day, 10 times per week.
Currently the City’s Human Resources Department retains a list containing the names of all City staff which are certified interpreters for various languages. If front counter staff that speak either Spanish or Asian and Pacific Island languages are not available, City staff will reach out to a certified translator from the list. Public Works field staff do not regularly receive requests for translation through federally funded programs or projects, though the outreach components of said programs and projects typically have multi-lingual resources. Further, if translation services are needed, staff will provide the said translation in a timely manner.
3. The nature and importance of programs, services, or activities provided by the City From observation provided by Public Works staff, it is rare that translation services are requested for programs, services, or activities which are federally funded. As stated above, the front counter staff with the City’s Finance Department are the ones who most frequently encounter LEP people requesting and/or needing translation services.
Though Public Works staff has received very few requests for translation services on federally funded projects, programs, and services, staff is keenly aware that almost (5.7%) of the City’s residents are LEP people and therefore it is highly likely that LEP people will be stakeholders in any of the said projects, programs, and services. As such, when staff have encountered the need for translation services, staff have provided the services readily.
4. Resources available for LEP people
After a review of the City’s currently available resources for LEP people, the City has determined that additional supporting resources are required. The City will address the need for additional LEP resources, through the action plan listed in the next section.
Action Plan
To ensure compliance with Title VI and as informed by Executive Order 13166, the following publications and services will be made available for LEP person use:
Non-Discrimination Policy Statement
Statement shall be printed in English, Spanish, Asian and Pacific Island. Said statement will be posted in the City Hall lobby in a highly visible location.
Title VI Rights Poster
Posters shall be printed in English, Spanish, Asian and Pacific Island languages. Said posters will be posted in the City Hall lobby in a highly visible location, and additional copies will be available for the public to review and take.
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Title VI Complaint Form
Complaint forms shall be printed in English, Spanish, Asian and Pacific Island languages. Said forms will be in the City Hall lobby in a highly visible location.
I Speak Cards
I Speak Cards will be produced to easily identify interpretation and translation services needed for LEP people. Said cards will be placed at all public counters and with other Title VI information.
Title VI Webpage on City’s Website
All of the City’s Title VI resources will be posted on the City’s website at the following link:
http://www.menifee.ca.gov/TitleVI
Future Planning and Projects
Public Works will ensure that all future projects and planning documents that are federally funded utilize outreach methods that are compliant with Title VI and other related non-discriminatory assurances. The City will ensure that outreach materials are available in English, Spanish, Asian and Pacific Island languages, and that translators are readily available as necessary for any LEP people that would like to contribute or participate.
Lastly, the Title VI Coordinator will request an updated list of certified translators from the Human Resources Department every 6 months and distribute said list to those who are likely to encounter LEP people, such that a translator can be contacted the moment one is needed. To ensure continuous compliance, the City will review the Title VI Implementation Plan and Limited English Proficiency Plan regularly, but at a minimum, as new data from the US Census becomes available. As new regulations are created, the City will act promptly to update the existing plans and relevant resources.
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Safe Harbor Provision
The City has adopted DOJ’s Safe Harbor Provision, which outlines circumstances that can provide a “safer harbor” for recipients regarding translation of written materials for LEP populations. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) or 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered, then such action will be considered strong evidence of compliance with the recipient’s written translation obligations. Translation of non-vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the five percent (5%) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.
These safe harbor provisions apply to the translation of written documents only. They do not affect the requirement to provide meaningful access to the LEP individuals though competent oral interpreters where oral language services are needed and are reasonable. A recipient may determine, based on the Four Factor Analysis, that even though a language group meets the threshold specified by the Safe Harbor Provision, written translation may not be an effective means to provide language assistance measures. For example, a recipient may determine that a large number of persons in that language group have low literacy skills in their native language and therefore require oral interpretation. In such cases, a background documentation regarding the determination shall be provided to FTA in the Title VI Program.
The City of Menifee provides translation of written materials for LEP populations that constitutes five percent (5%) as well as for those fewer than (5%) free of cost. The City of Menifee agency is in full compliance with the Title VI Safe Harbor Provision. 19 5
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City
of Menifee
Notice to
the Public
Exhibit A
Title VI of the Civil Rights Act
Non-Discrimination in Federal Financial Assistance
Title VI of the 1964 Civil Rights Act provides that no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance. The City of Menifee is committed to be in full compliance with Title VI of the Civil Rights Act of 1964, and related statutes and regulations, for all City programs and activities.
In addition to Title VI, the other non-discrimination statutes that afford legal protection are Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 USC 324) (sex); Age Discrimination Act of 1975 (age); and Section 504 of the Rehabilitation Act of 1973/Americans with Disabilities Act of 1990 (disability). Together, these requirements define an over-arching Title VI Program.
The City of Menifee will investigate any allegations of improper activity and discrimination based on race, color, or national origin. If you are considering filing a complaint and have questions, or would like additional information, please contact us directly at 951-672-6777. Complaint forms and instructions for filing complaints concerning discrimination are available on our website referenced below, and can be emailed or mailed directly to:
City of Menifee
Attn: Title VI Coordinator and ADA
Compliance Officers
29844 Haun Road,
Menifee, CA 92586
[email protected]
Notice of Non-Discrimination
The City of Menifee does not discriminate on the basis of race, color, national origin, sex, disability, sexual orientation, religion, or age in admission to, access to, or operations of its programs, services, or activities. This notice is provided as required by Title VI of the Civil Rights Act of 1964 and California Law. Questions, concerns, or complaints regarding possible discrimination and requests for additional information regarding the Civil Rights Act of 1964 and related laws should be forwarded to the City’s designated Title VI Coordinator/ADA Compliance Officer.
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Exhibit B
Please complete and submit this in its entirety. This form is optional for visitors, residents, and the public.
This is not for employment or employee-related issues.
C O N T A C T I N F O R M A T I O N
GRIEVANT NAME PHONE
ADDRESS ALTERNATE PHONE
CITY STATE ZIP EMAIL
If a legally authorized representative is filing the grievance on your behalf, provide the following information:
REPRESENTATIVE NAME PHONE
ADDRESS ALTERNATE PHONE
CITY STATE ZIP EMAIL
If your grievance is being filed on behalf of another person or a group of people, all the grievant(s) should be described or identified by name, if possible.
GRIEVANT PARTY DESCRIPTION/NAME(S)
I N C I D E N T D E T A I L S
DATE OF INCIDENT TIME LOCATION
AM PM
WHY DO YOU BELIEVE THE DISCRIMINATION OCCURRED?
RACE OR COLOR AGE DISABILITY
NATIONAL ORIGIN SEX OTHER:
INCIDENT/CONTACT REPORT
ADA TITLE II AND TITLE VI NON-DISCRIMINATION GRIEVANCE FORM
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INCIDENT/CONTACT REPORT
PROVIDE WITNESS NAME(S) AND CONTACT INFORMATION, IF ANY:
1. PHONE:
2. PHONE:
IF THE INCIDENT INVOLVED CITY OF MENIFEE EMPLOYEE(S), PLEASE INCLUDE HIS/HER NAME(S):
1. 3.
2. 4.
POLICE REPORT# OFFICER CONTACT PHONE
FIRE REPORT# FIREFIGHTER CONTACT PHONE
DESCRIBE YOUR GRIEVANCE:
WHAT TYPE OF CORRECTIVE ACTION WOULD YOU LIKE TO SEE TAKEN? WAS THERE A CODE OF CONDUCT VIOLATION?
YES NO UNKNOWN
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Exhibit C
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Exhibit D
The United States Department of Transportation (USDOT) Standard Title VI/ Non-Discrimination Assurances
DOT Order No. 1050.2A
The City of Menifee (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), is subject to and will comply with the following:
Statutory/Regulatory Authorities
●Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); ●49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); ●28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the Recipient receives Federal financial assistance from DOT.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted programs:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and
21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 24 5
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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 Federally assisted programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
"The City of Menifee, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every 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:
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, 25 5
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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, the City of Menifee also agrees to comply (and require any sub- recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing a Federal agencies 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 a Federal agency. You must keep records, reports, and submit the material for review upon request to a Federal agency, 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.
The City of Menifee 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 any Federally assisted program. This ASSURANCE is binding on California, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in a Federally assisted program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. _____________________________________
City of Menifee
by ___________________________________
(Signature of Authorized Official)
DATED________________________________
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, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
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2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4.Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. canceling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 27 5
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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 City of Menifee will accept title to the lands and maintain the project constructed thereon in accordance with (Name of Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and the policies and procedures prescribed by the (Title of Modal Operating Administration) of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Menifee 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 the City of Menifee and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Menifee, its successors and assigns.
The City of Menifee, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed, and* (2) that the City of Menifee will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 28 5
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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 City of Menifee pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, City of Menifee 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 City of Menifee 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 City of Menifee 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.)
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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 City of Menifee pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B.With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, City of Menifee will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, City of Menifee will there upon revert to and vest in and become the absolute property of City of Menifee 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 E
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During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
●Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ●The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); ●Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
●Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; ●The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
●Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); ●The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
●Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ●The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); ●Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; ●Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
●Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).