HomeMy WebLinkAboutIowa Department of Transportation-6/17/2013 (3)Iowa Department of transportation
Form 131024 (07-12)
Title VI Non -Discrimination Agreement
Iowa Department of Transportation
and
ame of Local Public Agency)
Agency Information
Name and title of adminstrative head:
Name: Buck Clark,
Address: 715 Mulbeiay Street
Title: Mayor
City: Waterloo State: IAZIP Code: 50703 County: Black Hawk
Phone/FAX: 319 291 4301
Email: buck.clark@waterloo—la.org
Name and title of designated Title VI coordinator.
Name: Abraham Funchess, Jr.
Address: 620 Mulberry Street
City:
Title:
Director, Human Rights
Waterloo
Phone/FAX: 319.291.4441
State: IA ZIP Code: 50703 County: Black Hawk
Email: abrahas.funchess@waterloo—ia.org
*If the Title VI coordinator changes, please contact the Iowa DOT Title VI specialist.
Title VI Program
Organization and staffing
Pursuant to 23 C.F.R. § 200, (Name of City/County)
has appointed a Title VI coordinator identified above, who is responsible for implementing and
monitoring the local public agency's (LPA's) Title VI program per this agreement, and is the
representative for issues and actions pertaining to this agreement. The LPA will provide the Iowa
Department of Transportation with a copy of the LPA's organizational chart that illustrates the level
and placement of the Title VI coordinator.
The LPA will notify the Iowa DOT in writing of any changes to the LPA's organization chart, Title VI
coordinator or Title VI coordinator contact information.
II. Assurances required
Pursuant to 49 C.F.R. § 21.7, every application for federal financial assistance or continuing federal
financial assistance must provide a statement of assurance and give reasonable guarantee that the
program is (or, in the case of a new program, will be) conducted in compliance with all requirements
imposed by or pursuant to 49 C.F.R. § 21 (Nondiscrimination in Federally Assisted Programs of the
Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964). Fully
executed standard DOT Assurances (including Appendices A, B and C) are attached to this
agreement.
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IV. Discrimination complaint procedures — allegations of discrimination in federally
assisted programs or activities
The LPA adopts the following discrimination complaint procedures for complaints relating to
federally assisted transportation -related programs or activities.
1. Filing a discrimination complaint: Any person who believes that he or she, or any class of
individuals, or in connection with any disadvantaged business enterprise, has been or is
being subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964,
42 U.S.C. § 2000d; the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq.; and the Civil Rights
Restoration Act of 1987, Pub. L. No. 100-259, 102 Stat. 28, has the right to file a complaint.
Any individual wishing to file a discrimination complaint must be given the option to file the
complaint with the LPA, or directly with the Iowa DOT, FHWA, USDOT and U.S. Department
of Justice . Complaints may be filed with all agencies simultaneously.
No individual or agency shall refuse service, discharge or retaliate in any manner against
any persons because that individual has filed a discrimination complaint, instituted any
proceeding related to a discrimination complaint, testified, or is about to testify, in any
proceeding or investigation related to a discrimination complaint, or has provided
information or assisted in an investigation.
2. Complaint filing time -frame: A discrimination complaint must be filed within 180 calendar
days of one of the following.
(a) The alleged act of discrimination.
(b) Date when the person(s) became aware of the alleged discrimination
(c) Date on which the conduct was discontinued, if there has been a continuing
course of conduct.
The LPA or their designee may extend the time for filing or waive the time limit in the interest
of justice, specifying in writing the reason for so doing.
3. Contents of a complaint: A discrimination complaint must be written. The document must
contain the following information.
a) The complainant's name and address, or other means by which the
complainant may be contacted.
b) Identification of individual(s) or organization(s) responsible for the alleged
discrimination.
c) A description of the complainant's allegations, which must include enough
detail to determine if the LPA has jurisdiction over the complaint and if the
complaint was filed timely.
d) Specific prohibited bases of alleged discrimination (i.e., race, color, gender,
etc.)
e) Apparent merit of the complaint.
f) The complainant's signature or signature of his/her authorized
representative.
In the event that a person makes a verbal complaint of discrimination to an officer or
employee of the LPA, the complainant shall be interviewed by the LPA's Title VI coordinator.
If necessary, the Title VI coordinator will assist the complainant in reducing the complaint to
writing and then submit the written version of the complaint to the person for signature.
4. Complaints against the LPA: Any complaints received against the LPA should immediately
be forwarded to the Iowa DOT for investigation. The LPA shall not investigate any complaint
in which it has been named in the complaint. The contact information for the Iowa DOT's
Title VI program is:
Iowa Department of Transportation
Office of Employee Services — Civil Rights
800 Lincoln Way
Ames, Iowa 50010
515-239-1422
515-817-6502 (fax)
dot.civilrights@dot.iowa.gov
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After mediation is arranged, a written confirmation identifying the date, time and location of
the mediation conference shall be sent to both parties. If possible, the mediation process
should be completed within 30 calendar days of receipt of the discrimination complaint. This
will assist in keeping within the 90 calendar -day time -frame of the written Notice of Final
Action if the mediation is not successful.
If resolution is reached under mediation, the agreement shall be in writing. A copy of the
signed agreement shall be sent to the Iowa DOT's Title VI program coordinator. If an
agreement is reached, but a party to it believes his/her agreement has been breached, the
non -breaching party may file another complaint. If the parties do not reach resolution under
mediation, the LPA's Title VI coordinator shall continue with the investigation.
9. Notice of Final Action: A written Notice of Final Action shall be provided to the complainant
within 60 days of the date the discrimination complaint was filed. It shall contain:
a) A statement regarding the disposition of each issue identified in the
discrimination complaint and reason for the determination.
b) A copy of the mediation agreement, if the discrimination complaint was
resolved by mediation.
c) A notice that the complainant has the right to file a complaint with the Iowa
DOT, FHWA, USDOT or USDOJ within 30 calendar days after the Notice of
Final Action, if she or he is dissatisfied with the final action on the
discrimination complaint.
The LPA's Title VI coordinator shall provide the Iowa DOT's Title VI program coordinator with
a copy of this decision, as well as a summary of findings upon completion of the
investigation. Should deficiencies be noted in the implementation of these discrimination
complaint procedures by the LPA, the Iowa DOT's Title VI program coordinator will work in
conjunction with the LPA's Title VI coordinator to review the information and/or provide
technical assistance in the discrimination complaint process, mediation process, and/or
investigation.
10. Corrective action: If discrimination is found through the process of a complaint
investigation, the respondent shall be requested to voluntarily comply with corrective
action(s) or a conciliation agreement to correct the discrimination.
11. Confidentiality: LPA and Iowa DOT Title VI program coordinators are required to keep the
following information confidential to the maximum extent possible, consistent with applicable
law and fair determination of the discrimination complaint.
a) The fact that the discrimination complaint has been filed.
b) The identity of the complainant(s).
c) The identity of individual respondents to the allegations.
d) The identity of any person(s) who fumished information relative to, or
assisting in, a complaint investigation.
12. Record keeping: The LPA's Title VI coordinator shall maintain a log of complaints filed that
alleged discrimination. The log must include:
a) The name and address of the complainant.
b) Basis of discrimination complaint.
c) Description of complaint.
d) Date filed.
e) Disposition and date.
f) Any other pertinent information.
All records regarding discrimination complaints and actions taken on discrimination
complaints must be maintained for a period of not less than three years from the final date of
resolution of the complaint.
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Title VI Non-discrimination Policy Statement
The (Name of City/County) , hereinafter referred to as the LPA,
hereby assures that no person shall on the grounds of race, color, national origin, gender, age or disability, as
provided by Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d, and the Civil Rights Restoration Act of
1987, Pub. L. No. 100-259, 102 Stat. 28, be excluded from participation in, be denied the benefits of or be
otherwise subjected to discrimination under any program or activity receiving federal financial assistance. The
LPA further assures every effort will be made to ensure nondiscrimination in all of its programs and activities,
regardless of whether those programs and activities are federally funded.
It is the policy of the LPA to comply with Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of
1964, 42 U.S.C. § 2000e; Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-6107; Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601-4655; 1973 Federal Aid
Highway Act, 23 U.S.C. § 324; Title IX of the Education Amendments of 1972, Pub. L. No. 92-318, 86 Stat. 235;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq, Civil Rights Restoration Act of 1987, Pub.
L. No. 100-259, 102 Stat. 28; Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.; Title VIII of the
Civil Rights Act 1968, 42 U.S.C. §§ 3601-3631; Exec. Order No. 12898, 59 Fed. Reg. 7629 (1994) (Federal
Actions to Address Environmental Justice in Minority Populations and Low -Income Populations); and Exec. Order
No. 13166, 65 Fed. Reg. 50121 (2000) (Improving Access to Services for Persons with Limited English
Proficiency).
The Civil Rights Restoration Act of 1987, Pub. L. No. 100-259, 102 Stat. 28, broadened the scope of Title VI
coverage by expanding the definition of terms "programs or activities" to include all programs or activities of
federal -aid recipients, subrecipients and contractors/consultants, regardless of whether such programs and
activities are federally assisted.
Pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat.
355, the LPA hereby gives assurance that no qualified disabled person shall, solely by reason of disability, be
excluded from participation in, be denied the benefits of or otherwise be subjected to discrimination, including
discrimination in employment, under any program or activity that receives or benefits from this federal
financial assistance.
The LPA also assures that every effort will be made to prevent discrimination through the impacts of its
programs, policies and activities on minority and low-income populations. In addition, the LPA will take
reasonable steps to provide meaningful access to services for persons with LEP. The LPA will, where necessary
and appropriate, revise, update and incorporate nondiscrimination requirements into appropriate manuals,
directives and regulations.
In the event the LPA distributes federal -aid funds to a second-tier subrecipient, the LPA will include Title VI
language in all written agreements.
The LPA's (Name of Person/Department) , is responsible for initiating and monitoring
Title VI activities, preparing reports and performing other responsibilities, as required by 23 C.F.R. § 200 and 49
C.F.R.
Signature
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ted Name and Title J
Date
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