AC Contract No. 1993-06&-q 3-o
STANDARD DOT TITLE VI ASSURANCES
The STATE OF ALASKA, DEPARTMENT OF__ADMINIS�-RA,TFpN, DIVISION OF
rees that as a condition to
receiving any federal fins cia 1 assistance from the Department of
Transportation it will comply with Title VI of the Civil Rights
Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-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 (hereinafter referred to
as the Regulations) and other pertinent directives, to the end
that in accordance with the Act, Regulations, and other pertinent
directives, 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
or activifor
which the Recipientmreceives ufederal nder anyf financial assistance from
the Department of Transportation, including the United States
Coast Guard, and HERESY GIVES ASSURANCE THAT it will promptly
take any measures necessary to effectuate this agreement. This
assurance is required by subsection 21.7(x)(1) of the
Regulations. More specifically and without limiting the above
general assurance, the Recipient hereby gives the following
specific assurances with respect to its License.
1. That the Recipient agrees that each "program" and each
"facility" as defined in subsections 21.23(x) and 21.23(b) of the
Regulations, will be (with regard to a "program") conducted or
will be (with all requirements imposed ard to a comliance
imposedby, orlpursuant eto, then Regulations.with
2. That the Recipient shall insert the following
notification in all solicitations for bids for work or material
subject to the Regulations and made in connection with this
License and, in adapted form in all proposals for negotiated
agreements:
The (Recipient), in accordance with Title VI of the
Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d
to 2000d-4 and 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
issued pursuant to such Act, hereby notifies all bidders
that it will affirmatively ensure that in any contract
entered into pursuant to this advertisement, minority
business enterprises will afforded full opportunity to
submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color,
or national origin in consideration for an award.
3. 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- 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.
5. 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
rights to space on, over or under such property.
6. 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.
7. The Recipient shall provide for such methods of
administration for the program as are found by the Secretary of
Transportation or the official to whom he delegates specific
authority to give reasonable guarantee that it, other recipients,
subgrantees, contractors, subcontractors, transferees, successors
in interest, and other participants of federal financial
assistance under such program will comply with all requirements
imposed or pursuant to the Act, the Regulations and this
assurance.
8. The Recipient agrees that the United States has 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, contract,
property, discounts or other federal financial assistance
extended after the date hereof to the Recipient by the Department
of Transportation under the License and is binding on it, other
recipients, subgrantees, contractors, subcontractors,
transferees, successors in interest and other participants in the
License.
The person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the Recipient.
KODIAK ISLAND BOROUGH _
Date d(Recipient)
/ �/
By J rome M. Selby,Mayg�r—
Appendix A ATTEST:
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 cpntractor shall
comply with the Regulations relative to
nondiscrimination in federally -assisted programs of the
Department of Transportation (hereinafter, "DOT") Title
49, Code of 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.
(2) Nondiscrimination: The contractor, with regard to the
work performed by it during the contract, shall not
discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractor,
including procurements of materials and leases of
equipment. The contractor shall not participate either
directly or indirectly in the discrimination prohibited
by section 21.5 of the Regulations.
(3) Solicitations for Subcontractor 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 procurement of material 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 Regulations
or directives issued pursuant thereto, and shall permit
access to its books records, accounts, other sources of
information, and its facilities as may be determined by
the Recipient or the United States Coast Guard to be
pertinent to ascertain compliance with such Regulation,
orders and instructions. 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
Recipient, or the United States Coast Guard, as
appropriate, and shall set forth what efforts it has
made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the
contractor's noncompliance with the nondiscrimination
provisions of this contract, the Recipient shall impose
such contract sanctions as it or the United States Coast
Guard may determine to_ be _appropriate.includino,_ 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 exempt by the
Regulations, or directives issued pursuant thereto. The
contractor shall take such action with respect to any
subcontract or procurement as the Recipient or the
United States Coast Guard may direct as a means of
enforcing such provisions including sanctions for non-
compliance: Provided, however, that, in the event a
contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result
of such direction, the contractor may request the
Recipient to enter into such litigation to protect the
interest of the Recipient, and in addition,' the
contractor may request the United States to enter into
such litigation to protect the interests of the United
States.