HomeMy WebLinkAboutCONSENT AUTHORIZATION Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Josh Peters, County Administrator th
From: Eric Kuzma, Public Works Director
Agenda Date: April 20, 2026
Subject: Authorization for County Administrator to execute Updated USDOT
Standard Title VI/Non-Discrimination Assurances.
Statement of Issue: Execution of the updated USDOT Standard Title VI/Non-Discrimination
Assurances (USDOT 1050.2A) to reflect current County Administration. This is a mandatory
compliance document required by the Washington State Department of Transportation
(WSDOT) to maintain federal funding eligibility for County transportation projects.
Analysis/Strategic Goals/Pro's >t Con's: To receive federal grants and reimbursements for
transportation projects, Jefferson County must maintain signed Title VI Assurances on file.
These assurances were previously signed by the former County Administrator; with the
transition to a new Administrator, an updated execution is required to satisfy WSDOT audit
and reporting standards. This administrative action ensures that active projects remain in full
compliance with federal civil rights requirements. Failure to provide updated assurances
could result in a lapse of eligibility for FHWA and WSDOT funding programs.
Fiscal Impact/Cost Benefit Analysis: There is no direct fiscal impact or cost associated with
the execution of this document. However, maintaining current Title VI Assurances is a
prerequisite for receiving federal-aid transportation funding.
Recommendation: The Board is asked to authorize the County Administrator, Josh Peters, to
execute the document on behalf of Jefferson County as the authorized signatory and return
the signed original to Public Works (Attn: Josh Thornton).
Department Contact: Josh Thornton, 385-9162
Reviewed By:
(( CTfG'
Jo eters, County Administrator Date
The United States Department of Transportation(USDOT)Standard Title VI/Non-
Discrimination Assurances
DOT Order No. 1050.2A
Jefferson County(herein referred to as the "Recipient"), HEREBY AGREES THAT, as a
condition to receiving any Federal financial assistance from the U.S. Department of
Transportation (DOT), through Washington State Department of Transportation (WSDOT), 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,
including the Washington State Department of Transportation.
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
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More specifically, and without limiting the above general Assurance, the Recipient agrees
with and gives the following Assurances with respect to its Federally assisted program:
1. The Recipient agrees that each "activity,"""facility," or"program,' as defined in §§
21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity")facilitated,
or will be (with regard to a "facility") operated, or will be (with regard to a "program")
conducted in compliance with all requirements imposed by, or pursuant to the Acts
and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids,
Requests For Proposals for work, or material subject to the Acts and the Regulations
made in connection with all Federal-Aid Highway Programs and, in adapted form, in
all proposals for negotiated agreements regardless of funding source:
"Jefferson County, 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:
2
a. for the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal
financial assistance is extended to the program, except where the Federal financial
assistance is to provide, or is in the form of, personal property, or real property, or
interest therein, or structures or improvements thereon, in which case the
Assurance obligates the Recipient, or any transferee for the longer of the following
periods:
a. the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision
of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the
property.
9. The Recipient will provide for such methods of administration for the program as are
found by the Secretary of Transportation or the official to whom he/she delegates
specific authority to give reasonable guarantee that it, other recipients, sub-
recipients, sub-grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the Acts,
the Regulations, and this Assurance.
10.The Recipient agrees that the United States has a right to seek judicial enforcement
with regard to any matter arising under the Acts, the Regulations, and this
Assurance.
By signing this ASSURANCE, Jefferson County also agrees to comply(and require any sub-
recipients, sub-grantees, contractors, successors, transferees, and/or assignees to
comply)with all applicable provisions governing the Washington State Department of
Transportation access to records, accounts, documents, information, facilities, and staff.
You also recognize that you must comply with any program or compliance reviews, and/or
complaint investigations conducted by the Washington State Department of
Transportation. You must keep records, reports, and submit the material for review upon
request to Washington State Department of Transportation, 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.
3
Jefferson County gives this ASSURANCE in consideration of and for obtaining any Federal
grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and
Federal financial assistance extended after the date hereof to the recipients by the U.S.
Department of Transportation under the Federal Highway Administration. This ASSURANCE
is binding on Washington State Department of Transportation, other recipients, sub-
recipients, sub-grantees, contractors, subcontractors and their subcontractors',
transferees, successors in interest, and any other participants in the Federal-Aid Highway
Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of
the Recipient.
Jefferson County
(Josh Peters)
by
(Signature of Authorized Official)
DATED
4
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,Washington
State Department of Transportation, as they may be amended from time to time,
which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during
the contract, will not discriminate on the grounds of race, color, 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 Washington State
Department of Transportation 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 Washington State
Department of Transportation, 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 Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
B
a. withholding payments to the contractor under the contract until the contractor
complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions:The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts,the Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the Recipient or the Washington State
Department of Transportation 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.
6
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 Jefferson County 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 Washington State Department of Transportation, and
the policies and procedures prescribed by the Federal Highway 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 Jefferson County 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 Jefferson County 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 Jefferson County, its successors and assigns.
The Jefferson County, 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 Jefferson County 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
B
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.)
B
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 Jefferson County 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, Jefferson County 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 Jefferson County 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 Jefferson County 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.)
D
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 Jefferson County 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, Jefferson County 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, Jefferson County will there upon revert to and vest in and become the
absolute property of Jefferson County 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.)
D
APPENDIX E
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. §§ 1 21 31-1 21 89) 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;
E
• 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).
E