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HomeMy WebLinkAboutResolution - 092674H - Authorization For Mayor To File Application To DOT - 09_26_1974H., KJ:dw RESOLUTION Resolution authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as Amended. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U. S. Department of Transportation in accord with the provision of Title V1 of the Civd. Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title V1 of the Civil Rights Act of 1964 and the U. S. Depart- ment of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprises be utilized to the fullest extent possible in connection with this project, and that '^ definitive procedures shall be established and administered to ensure that minority businesses shall have the maximumfeasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the Mayor is authorized to execute and file an application on behalf of the City of Lubbock with the U. S. Department of Transportation to aid financing of the City's subsidy of the local transit system. 2. THAT the Mayor is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title V1 of the Civil Rights Act of 1964. 3. THAT B. H. McDaniel, Director of Traffic, is authorized to furnish j such additional information as the U. S. Department of Transportation may require in connection with the application or the project. KJ:dw 4. THAT the Mayor is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Passed by the City Council this 26th day of September 1974. ROY BASS, MAYOR ,ATTEST: 'Treva Phillips;-. ty Secretary -Treasurer .APPROVED AS TO FORM: �tl f Iv Fred O. Sen er, Jr. , Attorney KJ;sw CERTIFICATE The undersigned duly qualified and acting City Secretary of the City of Lubbock certifies that the foregoing is a true and correct copy of a resolution, adopted at a legally convened meeting of the City Council held on Se�ptgmber, 26 1974. Treva Phillips, City ecretary-Treasurer September 26 19 4. (DATE) KJ:dw ASSURANCE OF COMPLIANCE WITH TITLE V1 OF THE CIVIL RIGHTS ACT OF 1964 ,•-, (DEPARTMENT OF TRANSPORTATION) The CITY OF LUBBOCK (hereinafter referred to as the "Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial 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 V1 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, sex 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 the Department of Transportation) including the Urban Mass Transportation Admin- istration (UWITA), and HEREBY GIVES ASSURANCE TNAAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21. 7 (a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to the project: 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") conducted, 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 notification in all solicitations for bids for work or material subject to the Regulations and made in connection with a project under the Urban Mass TransporttLtion Act of 1964, as amended (the UMTA Act) and, in adapted form in all proposals for negotiated agreements: The Recipient, in accordance with Title Vl 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 insure that in regard to any contract 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, color, 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 Recipient shall insert the clauses of Appendix B of this assurance, as a covenant running with the land, in any deed from the United Stated 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 rights to space on, over, or under such property. 7. That where the Recipient receives Federal financial assistance to ^ carry out a program of managerial training under section 10 (a) of the Urban Mass Transportation Act of 1964, as amended, the assurance shall obligate the recipient to make selection of the trainee or fellow without regard to race, color, sex or national origin. 8. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, the assurance shall obligate the recipient to assign transit operators and to furnish transit operators for charter purposes without regard to race, color, sex or national origin. 9. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, routing, scheduling, quality of service, frequency of service, age and quality of vehocles assigned to routes, quality of stations serving different routes, and location of routes may not be determined on the basis of race, color, sex or national origin. 10. That the Recipient shall include the appropriate clauses set forth in Appendix G of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agree- ,100� ments entered into by the Recipient with other parties; (a) for the -2- subsequent transfer of real property acquired or improved under ; and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under U. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project, except where the Federal financial assistance is to provide, or is in the form'i 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, extendec}, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains owner- ship or possession of the property. 12. 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, sub- contractors, transferees, successors in interest, and other par- ticipants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 13. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and 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 Department of Transportation under Federal Urban Mass Transportation Programs and is binding on it, other recipients, subgrantees, contractors, sub- contractors., transferees, successors in interest and other participants in the Federal Urban Mass Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipient.._... Date September 26, 1974. CITY O LUB&a OCK By• _ 'tATTEST: ROY BASS, MAYOR - .wed as to fort: Treva Phillips, Cfty e cretary-Trea surer red�*. - i Attachments: Appendices A, B, and C -• Department of TransportatLOri�y 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 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 amen- ded 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 performe by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, 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, indluding employment practices when the contract covers a program set forth in Appendix B of the Regulations. (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 shall be notified by the contractor of the contractorts obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, afdshall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Urban Mass Transportation Administration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or 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 Urban Mass Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractorts non- compliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the Urban Mass Transportation Administration may determine to be appropriate, including, but not limited to: (App. A, Pg. 2) (a) Witholding of payments to the contractor under the contractor 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 pro- visions of paragraph (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 Urban Mass Transportation Administration 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 interests 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. ! APPENDIX B 0 .ego`` A. 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 States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon, in accordance with the Urban Mass Transportatiol Act of 1964, as amended, the Regulations for the Administration of Federal Urban D&ss Transportation Programs and the policies and procedures prescribed by the Urban Mass Transportation Administration of the Department of Transportatioi and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 40, Code of Federal Regulations, Department of Transportatic Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally -assist+ programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title V1 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 LUBBOCK all the right, title, and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. �f .� (HEBENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interest therein unto CITY OF LU13BOCK 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 shall be binding on the CITY OF LUBBOCK, its successors and assigns. The CITY OF LUBBOCK, in consideration of the conveyance of said lands and interest 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 exluded 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 land hereby conveyed (,) (and)' (2) that the CITY OF LUBBOCK shall use the lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transpor- tation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Transportation -.Effectuation cU Title V1 of the Civil Rights Act of 1964, and as said Regulations may be (App. B, Pg. 2) amended (,) 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 1' 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 instruction. *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 V1 of the Civil Rights Act of 1964.