HomeMy WebLinkAboutCC RESO 11,697RESOLUTION NO. 11,697
RESOLUTION AUTHORIZING EXECUTION OF STATEMENT
OF ASSURANCES BETWEEN CITY OF NATIONAL CITY
AND CALIFORNIA STATE DEPARTMENT OF
TRANSPORTATION IN COMPLIANCE WITH TITLE VI OF
THE CIVIL RIGHTS ACT OF 1964, 78 STAT. 252,
42 U.S.C.
BE IT RESOLVED by the City Council of the
City of National City, California as follows:
That the City Manager is authorized and
directed to execute that certain Statement of Assurances
between City of National City and California State Depart-
ment of Transportation in compliance with Title VI of the
Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C., a copy
of which is attached hereto and is hereby incorporated by
reference.
PASSED AND ADOPTED this 18th day of February, 1975.
ATTEST:
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City of National City
Assurances
The City of National City
(hereinafter referred to as the "Recipient") HEREBY AGREES
THAT as a condition to receiving any Federal financial assist—
ance from the California Department of Transportation, acting
for the U. S. Department of Transportation, it will comply
'tith Title VI of the Civil Rights Act of 1964, 7$ StRt. 252,
42 U.S.C._2O00d-42 U.S.C. 2000d-4 (hereinafter referred to as
the Act), and all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
in Federally —Assisted Programs of the Department of Transportation
Effectuation of Title VI of the Civil Rights Act of 1964 (herein—
after referred to as the Regulations),' the Federal —aid Highway
Act of 1973, and other pertinent directives; to the end that in
accordance with the Act, regulations,and other pertinent direc—
'" tires, no person in the United States shall, on the grounds of
race, color, sex or national origin, be excluded from partici—
pation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity for which the
Recipient receives Federal financial assistance from the Federal
Department of Transportation, HEREBY GIVES ASSURANCE THAT it
will promptly take any measures necessary to effectuate this
agreement. This assurance is required by subsection 21.7(a) (1)
of the Regulations, a copy of which is attached.
More specifically and without limiting the above general
assurance, the Recipient hereby gives the following specific
assurances with respect to its Federal —aid Program:
1. That the Recipient agrees that each "program" and
each "facility" as defined in subsections 21.23 (e) and 21.23 (b)
of the Regulations, will be (with regard to a "program") con—
ducted, or will be (with regard to a "facility") operated in
compliance with all requirements imposed by, or pursuant to,
the Regulations.
2. That the Recipient shall insert the following notifi—
cation in all solicitations for bids for work or material
subject to the Regulations made in connection with the Federal -
aid Program and, in adapted form in all proposals for negotiated
agreements:
The City of National City or
other approved contracting authority) hereby notifies all
bidders that it will affirmatively insure that in any con-
tract entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to
submit bids in response to this invitation and will not be
discriminated against on the grounds of race, cblor, sex
or national origin in consideration for an award.
3. That the Recipient shall insert the clauses' of Appendix
A of this assurance in every contract subject to the Act and the
Regulations.
4. That the clauses of Appendix B of this assurance shall
be included as a covenant running with the land, in any deed
from the United States effecting a transfer of real property,
structures,or improvements thereon, or interest therein.
5. That where the Recipient receives Federal financial
assistance to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and facilities
operated in connection therewith.
6. That where the Recipient receives Federal financial
assistance in the form, or for the acquisition of real property
or an interest in real property, the assurance shall extend to
rightsto space on, over or under such property.
7. That the Recipient shall include the appropriate
clauses set forth in Appendix C of this assurance, as a
covenant running with the land, in any future deeds, leases,
permits, licenses,and similar agreements entered into by the
Recipient with other parties: (a) for the subsequent transfer
of real property acquired or improved under the Federal -aid
Program; and (b) for the construction or use of or access to
space on, over, or under real property acquired, or improved
under the Federal -aid 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 shall provide for such methods of
administration for the program as are found by the U. S.
Secretary of Transportation, or the official to whom he
delegates specific authority, to give reasonable guarantee
that it, other recipients, subgrantees, contractors, sub—
contractors, transferees, successors in interest, and other
participants of Federal financial assistance under such program
will comply with all renuirements imposed by, or pursuant to,
the Act, the Regulations and this assurance.
10. The Recipient agrees that the United States and the
State of California have a right to seek judicial enforcement
with regard to any matter arising under the Act, the Regulations,
and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose
of obtaining any and all Federal grants, loans, contracts,
property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the
California Department of Transportation, acting for the U. S.
Department of Transportation, and is binding on it, other
recipients, subgrantees, contractors, subcontractors, transferees,
successors in interest and other participants in the Federal —aid
Highway Program. The person or persons whose signatures appear
below are authorized to sign this assurance on behalf of the
Recipient.
DATE 'f.A. /...
4-tz' ;
Robert S. Bourcier
City Manager
. RULES AND REGULATIONS 10031
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defeating or substantially impairing tho
• •accomplishment of the objectives of the
Mt or this part.
(4) As used in this section the serer -
Ices, financial aid. or other benefits pro-
vided under a program receiving Federal
financial assistance include any service.
financial aid. or other benefit provided
7n or through a facility provided with
the aid of Federal financial assistance.
(5) The enumeration of specific (arms
of _prohibited discrimination in this
paragraph does not limit the generality
of the prohibition In paragraph (a) of
this section.
(5) Examples demonstrating the ap-
plication of the provisions of this section
to certain programs of the Department
of Transportation are contained in Ap-
pendix C of this part.
(7) This part does not prohibit the
Consideration of race. color. or national
oi10-in if the purpose and effect are to
remove or overcome the consequences of
practices or impediments which have re-
stricted the availability of. or participa-
tion In, the program or activity receiving
Federal • financial assistance, on the
grounds of race. color. or na:'.onal grain.
Where previous discrirninatory pracuCe
or usage tends. on the grounds of race,
color or national origin, to exclude indi-
viduals from participation in. to deny
then the benefits of. or to subject them
to discrimination under any program or
activity to which this part applies, the
applicant or recipient has an obligation
to take reasonable action to remove or
'overcame the consequences of the prior
discriminatory practice or usage, and to
accomplish the purposes of the Act.
(c) Employment practices:
(I) Where a primary objective of a
program of Federal financial assistance
to which this part applies is to provide
employment. a. recipient or other party
subject to this part shaft not. directly or
through contractual or other arrange-
ments. subject a person to discrimina-
tion on the around of race, color. or
national origin in i' employment prac-
tices under such program (including re-
cruitment or recruitment advertising.
hiring, firing. upgrading. promotion, de-
motion. transfer, layoff, termination.
rates of pay or other forms of compensa-
tion or benefits. selection for training or
apprenticeship. use of facilities, and
treatment of employees). Such recipient
shall ta!:c affirmative action to insure
that appticanfs are empieiyed, and em-
ployees are treated during employment.
without regard to their :elm. color, er
national origin. The requirements ap-
plicable to constrectton employment un-
der any such program shall be those
specified in or puissant to Part 1iI of
):xtcutive Order llaiG or any Executive
order which supersedes it.
(2) Federal financial assistance to
Programs under hiss funded or admin-
istered by the 1):;iart:rent which have
a` n Primary objective the providing. of
em;ilosnrent include those set forth in
Appendix 13 to this part.
Federal,Where a primacy ubiec:tive of the
financial nasist.cnce is not to
prat.Cc esiployu.ent. but discrimination
on life ;;rounds of race, color, or national
origin in the employment practices of
the recipient or other persons subject to
the regulation tends; on t!)e grounds of
race. color, or national on^in. to exclude
individuals from participation In, to
deny them the benefits -of. or to subject
them to discrimination under any pro-
gram to which this regulation applies,
the provisions of subparagraph (1) of
this paragraph shall apply to the em-
p1oyrnent practices of the recipient or
other persons subject to the regulation,
to the extent necessary to assure equal-
ity of opportunity to, and nondiscrimina-
tory treatment of, bcne:iciarlcs.
(d) A recipient may not make a selec-
tion of a site or location of a facility If
the purpose of that selection, or its effect
when made, is to exclude individuals
from participation in, to deny them the
benefits of, or to subject them to dis-
crimination under any program or ac-
tivity to which this rule applies, on the
grounds of race, co:or, or national
origin: or if the purpose is to, or its effect
when made will. substantially impair the
accomplishment of the objectives of this
part
su 21.7 Assurances required.
(a) General. (1) E:e:y application for
Federal financial assistance to carry out
a program to winch this part applies,
except a program to which paragraph
(b) of this section applies. and every ap-
pifcation for Federal financial assistance
to provide a facility shall, as a condition
to its approval and the extension of any
Federal.. -financial assistance pursuant
to the application, contain or be accom-
panied by, an assurance that the pro-
gram will be conducted or the facility op-
erated in compliance with all require-
ments imposed by or pursuant to this
part. Every program of Federal finan-
cial assistance shall require the submis-
sion et such an assurance. In the case
where the Federal financial assistance
is to provide or is in the form of personal
property, or real property or interest
therein or structures thereon, the assur-
ance shall obligate. the recipient, or, in
the ease of a subsequent transfer, the
transferee, for the period during which
the property is used for a purpose for
which the Federal financial assistance is
extended or for another purpose involv-
ing the provision of similar services or
benefits, or for as long as the recipient
retains ownership or possession of the
property, v:hichevcr Is longer. In all
other cases the assurance shall obligate
the recipient for the oeeicd during which
Federal financial assistance 1s extended
to the program. In the case where the
assistance is sought for the construction
of a facility or part of , facility, the as-
surance shall In any event extend to the
entire facility and to facilities operated
in connection, therewith. The Secretary
shall specify the form of the foregoing
assurances for each pro•:ram, and the
extent to which Wee assurances will be
required of subarantecs, contractors and
subcontractors, transfeeecs. successors in
interest. and oilier participants in the
program. Any such 'a.o trance shalt in-
clude provisions trhlch give the United
States a right to seek its judicial
enforcement.
(2) In the case where Federal finan-
eial assistance is provided in the form
of a transfer of real property, structures.
or Improvements thereon, or interest
therein. from the Federal Government,
the instrument effecting or rccordinq the
transfer shalt contain a covenant run-
ning with the land assuring nondiscrim-
ination for the period during^, :which the
real property Is used for a purpose for
which the Federal financial assistance is
extended or for another purpose involv-
ing tile provision of similar services or
benefits. Where no transfer of property
or interest therein from the Federal Gov-
ernment is involved, but property is ac-
quired or improved under a program of
Federal financial assl.3tance, the recip-
ient shall agree to include such cove-
.uant in any subsequent transfer of such
property. When the property Is obtained
from the Federal Government, such
covenant may also include a condition
coupled with a right to be reserved by the
Department to revert title to the prop-
erty In the event of a breach of the cove-
nant .there, in the discretion of the
Secretary, such a condition and right of
reverter is appropriate to the program
under which the real property is ob-
tained and to the nature of the grant and
the grantee. In such event 1f a trans-
feree of real property proposes to mort-
gage or otherwise encumber the real
property as security for financing con-
struction of new. or improvement of ex-
isting. facilities on such property for
the purposes for which the property was
transferred, the Secretory may agree.
upon request of the transferee and if
necessary to accomplish Such (nanc-
ing, and upon such conditions as he
deems appropriate, to subordinate. such
right of reversion to the lien of such
mortgage or other encumbrance.
(h) Continuing State program::. Every
application by a State or a State agency
to carry out a program involving con-
tinuing Federal financial assistance to
which this part applies (inclodir.g the
programs listed in Appendix A to this
part) shall as a condition to its approval
and the extension of any Federal finan-
cial assistance pursuant to the applica-
tion (1) contain or be accompanied by
a statement that the program Is (or.
in the case of a new program. will be)
conducted in compliance with all re-
quirements imposed by or pursuant to
this part, and (2) provide or be :.cc'rn-
panicd by provision for such methods
of administration for the program as
are found by the Secretory to give
reasonable guarantee that the applicant
and all recipients of Federal financial
nssistancc under such proorani will cone.
ply with all requirements unposed by or
pursuant to this part.
a 21.9 Cornpli urc isfura .Iiun.
(a) Cooperation and assistance. The
Secretary shall to the fullc:.t extent
practicable sari: the cooperation of re-
cipients to obtaining compliance with
this part and shall provide nssistancc
and guidance to rcr,ip.ents to beep them
comply voluntarily with this part.
tb) Compliance reports. Each recip
icnt shalt Y.cri such records and Anna
to the Secretary timely, complete, mid
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ffO(RAL REGISTER. VOL. 35. NO. 116—THURSDAY, TUNE le, 1970
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APPENDIX A
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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 as follows:
(1) Compliance with Regulations:. The contractor shall
comply with the Regulations relative to nondiscrimination in
Federally -assisted programs of the Department of Transportation,
Title 49, Code or Federal Regulations, Part 21, as they may
be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and
made a part of this contract.
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(2) Nondiscrimination: The contractor, with regard to
the t•:ork performed by it during the contract, shall 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 con-
tractor shall not participate either directly or indirectly in
the discrimination prohibited by section 21.5 of the Regula-
tions, including employment practices when the contract covers
a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontracts, Including Procure-
ments of Materials and Faui:Dnent: In all solicitations either
by competitive bidding or negotiation made by the contractor
for work to be performed under a subcontract, including pro-
curements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the contractor
of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
(4) Information and Reports: The contractor shall
provide all information and reports required by the Regula-
tions, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of infor-
mation, and its facilities as may be determined by the State
highway department on the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations or
directives. Where any information required of a contractor
is in the exclusive possession of another who fails or refuses
to furnish this information, the contractor shall so certify
to the State highway department, or the Federal Highway Administra-
tion as appropriate, and shall set forth what efforts it has made
to obtain the information.
(5) Sanctions for Noncn-rliance: In the event of the
contractor's noncompliance with the nondiscrimination provi-
sions of this contract, the State high•::ay department shall impose
such contract• sanctions as it or the Federal highway Administra-
tion may determine to be appropriate, including, but not limited
to:
(a) withholding of payments to the contractor under
the contract until the contractor complies, and/or
(b) cancellation, termination or'suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The contractor shall
include the provisions of paragraphs (1) through (6) in every
subcontract, including procurements of materials and leases
of equipment, unless cxempt.by the Regulations, or directives
issued pursuant thereto. The contractor shall take such action
with respect to any subcontract or procurement as the State
highway department or the Federal Highway Administration may
direct as a means of enforcing such provisions including sanctions
for non-compliance: Provided, however, that, in the event a
contractor.beco:es involved in, or is threatened with, litigation
with a subcontractor or supplier as a result of such direction,
the contractor may request the State highway department to
enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States
to enter into such litigation to protect the interests of the
United States.
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APPENDIX B
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•The following clauses shall -be included in any and all deeds
effecting or recording the transfer of real property, structures
or improvements thereon, or interest therein from the United Stat_
(GRANTING CLAUSE) .
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NOW, THEREFORE, the Department of Transportation, as
authorized by law, and upon the condition that the State of
California, will accept title to the lands and maintain the
project constructed thereon, in accordance with Title 23, United
States Code, the Regulations for the Administration of Federal
Aid for Highways and the policies and procedures prescribed by
the Federal Highway Administration of the Department of Trans-
portation and, also in accordance with and in compliance with all
requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21,.Nondiscrimination in Federally
assisted programs or the Department of Transportation (hereinafte referred tows the Regulations) 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 State of California
all the right, title and interest of the Department of Trans-
portation -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
State of California, and its successors forever, subject,
however, to the covenant, 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 shall be binding on the State
of California, its successors and assigns.
The State of California, 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 shall on the grounds
of race, color, or national origin, be excluded from partici-
pation in, he 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 L,_/
Lan/*.(2) that the State of California, shall use the lands
and interests in lands so conveyed, in compliance with all
requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally
assisted programs of the Department of Transportation - Effec-
tuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended LI/ and (3) that in the event of
breach of any of the above -mentioned nondiscrimination conditions,
the Department shall have a right to re-enter said lands and
facilities on said land, and the above described land and
facilities shall thereon revert to and vest in and become the
absolute property of the Department of Transportation and its
assigns as such interest existed prior to this deed.*
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* Reverter clause and related language to be used only •
when it
is determined that such a clause is necessary in order to
effectuate the purposes of Title VI of the Civil Rights
Act of 1964.
APPENDIX C
The following clauses shall be included in all deeds, licenses,
leases, permits, or similar instruments entered into by the
State of California, pursuant to the provisions of'As:;urance 6(a)
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his heirs, personal representatives, Successors
in interest, and assigns, as a part of the consideration hereof,
does hereby covenant and agree lin the case of deeds and leases
add "as a covenant running with the land5 that in the event
facilities are constructed, maintained, or otherwise operated
on the said property described in this -(deed, license, Lease,
permit, etc.) for a purpose for which a Department of Trans-
portation program or activity is extended or for another purpose
.involving the provision.of similar services or benefits, the
(grantee, licensee, lessee, permittee, etc.,) shall maintain and
operate such facilities and services in compliance with all
other requirements imposed pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally -
assisted programs of the Department of Transportation - Effectua-
tion of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
Include in licenses, leases, permits, etcj*
That in the event of breach of any of the above nondiscrimination
covenants, the State of California, shall have the right to
terminate the Llicense, lease, permit, etc_/ and to re-enter and
repossess said land and the facilities thereon, and hold the
same as if said Llicense, lease, permit, etc.1f had never been
made or issued.
2nclude in deed*
That in the event of breach of any of the above nondiscrimination
covenants, the State of California, shall have the right to
re-enter said lands and facilities thereon, and the above describer
lands and facilities shall thereupon revert to and vest in and
become the absolute property of the State of California and its
assigns.
* Reverter clause and related language to be used only when
it is determined that such a clause is necessary in order to
effectuate the purposes of Title VI of the Civil Rights Act
of 1964.
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The following shall be included in all deeds, licenses leases,
permits, or similar agreements entered into by the State of
California, pursuant to the provisions of Assurance 6(b).
-The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his 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 shall 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 shall be
excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (') that the (grantee,
licensee, lessee, permittee, etc.) shall use the premises in
compliance with all other requirements imposed by or pursuant
to Title 49, Code of Federal Regulations, Department of Trans-
portation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally -assisted programs of the Department
of Transportation - Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be -amended.
Ynclude in licenses, leases, permits, etc]*
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• That in the event of breach of any of the above nondiscrimination
covenants, the State of California,shall have the right to
terminate the License, lease, permit, et7 and to re-enter and
repossess said land and the facilities thereon, and hold the
same as if said !license, lease, permit, etej had never been
made or issued.
!include in deed* •
That in the event of breach of any of the above nondiscrimination
covenants, the State of California, shall have the right to
re-enter said land and facilities thereon, and the above described
lands and facilities shall thereupon revert to and vest in and
become the absolute property of the State of California, and its
assigns.
* Reverter clause and related language to be used only when
it is determined that such a clause is necessary in order to
effectuate the purposes of Title VI of the Civil Rights Act
of 1964.
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