HomeMy WebLinkAboutRES 06-162 RESOLUTION NO. 06-162
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to appoint William J. Munson, General
Manager of Beaumont Municipal Transit (BMT), as the designated official for the execution of
annual Certification and Assurances issued by the Federal Transit Administration (FTA),
submission of all FTA grant applications and the execution of all FTA grant awards on behalf
of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June,
2006.
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_? �,,C ,��1 - Mayor Guy N. Goodson -
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DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCE
The City of Beaumont(thereinafter 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 ofthe Civil Rights
Act of 1964,78 Stat.252,42 U.S.C.2000d U.S.0 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 ofthe
Secretary,Part 21,Nondiscrimination in Federally-Assisted Programs ofthe Department of Transportation-Effectuation
of Title VI ofthe Civil Rights 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 to discrimination under any program or activity for which the Recipient receives Federal financial assistance
from the Department of Transportation, including the Federal Transit Administration(FTA), and HEREBY GIVES
ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is
required by subsection 213(a)of the Regulations.
More specifically,and without limiting the above general assurance,the Recipient hereby gives the following specific
assurances with respect to all FTA Programs and Projects:
1. That the Recipient agrees that each"program"and each"facility"as defined in subsection 21.23(e)and
21.23(b)ofthe 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 all FTA Programs and Projects and,in adapted
form,in all proposals for negotiated agreements:
The City of Beaumont,in accordance with Title VI ofthe Civil Rights Act of 1964,78 STAT.
252,42 U.S.C.2000d to 2000d-4 and Title 49,Code of Federal Regulations, 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 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,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
this 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 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 connected therewith.
6. That where the Recipient receives Federal financial assistance in the form of,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 the Recipient shall include the appropriate clauses set forth in Appendix C of this
assurance,as 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 Transit Administration;and(b)for the construction or
use of,or access to space on, over, or under real property acquired,or improved under the Federal
Transit Administration.
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 of 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
Secretary of Transpiration or the official to whom he/she delegates specific authority to give reasonable
guarantee that it,other recipients,sub-grantees,contractors,subcontractors,transferees,successors in
interest,and other participants 6f Federal financial assistance under such program will comply with all
requirements imposed by,or pursuant to the Act,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 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,and
contracts,property,discounts or other Federal financial assistance extended after the date hereof to the Recipient by the
Department of Transportation under all FTA Programs and Projects and is binding on it,other recipients sub-grantees,
contractors,subcontractors,transferees,successors in interest and other participants in the FTA. The person or persons
whose signatures appear below are authorized to sign this assurance on behalf of the Recipient.
DATED City of Beaumont L'."
By l (
Kyle Hayes
City Manager
Attachments:
Appendices A,B,and C
APPENDIX A TO T FLE VI ASSURANCE
During the performance of this contract,the contractor,for itself,it's 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 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
subcontractors,including procurement 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,including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
(3) Solicitations for Subcontracts.Including Procurement ofMaterials 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 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
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 City of Beaumont or the
Federal Transit Administration to be pertinent to ascertain compliance with such Regulations,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 City of
Beaumont,or the Federal Transit Administration as appropriate,and shall set forth what efforts it has
made to obtain this information.
(5) Sanctions for Noncompliance:In the event ofthe contractor's non-compliance withnondiscrimination
provisions of this contract,the City of Beaumont shall impose contract sanctions as it or the Federal
Transit Administration 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 procurement of materials and leases of equipment,unless exempt by the
Regulations,or directives issued pursuant thereto. The contractor shall take such actions with respect
to any subcontract or procurement as the City of Beaumont or the Federal Transit Administration may
direct as a means of enforcing such provisions including sanctions for noncompliance: 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 directions,the contractor may request the City of Beaumont
to enter into such litigation to protect the interests of the City of Beaumont 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 TO TITLE VI ASSURANCE
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
City of Beaumont will accept title to the lands and maintain the project constructed thereon,in accordance with
the Federal Transit Administration Act of 1964,as amended,the Regulations for the Administration of all FTA
Programs and Projects and the policies and procedures prescribed by the Federal Transit Administration of the
Department of Transportation and,also in accordance with,and in compliance with all regulations 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
(hereinafter referred to as 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 2000d4),does hereby remise,release,quitclaim and
convey unto the City of Beaumont 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.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the City of Beaumont and its successors
forever,subject,however,to the covenants,conditions,restrictions and reservations herein contained as
follows,which will remain in effect for a 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 Beaumont,its successors and assigns.
The City of Beaumont, 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 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 conveyed(,)(and)*
(2) That the City of Beaumont 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
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,and as said Regulations may be amended;and
(3) That in the event of breach of any of the above-mentioned nondiscrimination conditions, the
Department will have the 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 ofthe
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 VI of the Civil Rights Act of 1964.
APPENDIX C TO TITLE VI ASSURANCE
The following clauses shall be included in all deeds,licenses,leases,permits or similar instruments entered into by the
City of Beaumont pursuant to the provisions of Assurance 7(a).
The(grantee,licensee,lessee,permittee,etc.,as appropriate)for herself/himself,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 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 Transportation 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 of 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.
(Include in licenses,leases,permits,etc.)*
That in the event of breach of the above nondiscrimination covenants,the City of Beaumont shall have the right to
terminate the(license,lease,permit,etc.)And to re-enter and repossess said land and the facilities thereon,and hold the
same as if said(license,lease,permit,etc.)had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants,the City of Beaumont shall have the right to
re-enter said lands and facilities thereon,and the above described lands and facilities shall thereupon revert to and vest in
and become the absolute property of the city of Beaumont and its assigns.
The following shall be included in all deeds,licenses,permits,or similar agreements entered into by the city of Beaumont
pursuant of the provisions of Assurance 7(b).
The (grantee, licensee, lessee, permittee, etc., as appropriate) for herself/himself, his her 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 added"as a covenant running with the land")that: (1)no person on the grounds of race, color, or
national origin shall be excluded from participation in, be 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 services thereon,no persons on the grounds of race,color,or national origin shall be excluded from
the participation in,be denied the benefits of, or be otherwise subjected to discrimination;and(3)that the(grantee,
licensee,lessee,petmittee,etc.)shall use the premises in compliance with all other 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 ofthe
Civil Rights Act of 1964,and as said Regulations may be amended.
(Include in licenses,leases,permits,etc.)*
That in the event of breach of any of the above Nondiscrimination covenants,the City of Beaumont shall have the right to
terminate the(license,lease,permit,etc.)and to re-enter and repossess said land and the facilities thereon,and hold the
same as if said(license,lease,permit,etc.)Had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above Nondiscrimination covenants,the City of Beaumont 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 City of Beaumont and its assigns.
*Reverter lause and related language to be used only when it is determined that such a clause is necessary in order to
effectuatl the purpose of Title VI of the Civil Rights Act of 1964.
RESOLUTION NO. 06-162
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to appoint William J. Munson, General
Manager of Beaumont Municipal Transit(BMT), as the designated official for the execution of
annual Certification and Assurances issued by the Federal Transit Administration (FTA),
submission of all FTA grant applications and the execution of all FTA grant awards on behalf
of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June,
2006.
. UMpt�,1 - Mayor Guy N. Goodson -
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ate,not stored in a place that is accessible by anyone other than the myself(i.e.family members,friends,etc.). If stored,the password will not be in text format,
will follow standard password procedures and change my password every ninety(90)days. My passwords will be at least eight(8)alphanumeric characters
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free to and will comply with all of these conditions and understand that failure to do so will result in permanent removal of my TEAM access,and may result in
or disciplinary or legal action. By signing my name in the space below,I hereby acknowledge this agreement,and certify that I understand the preceding terms
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