Loading...
HomeMy WebLinkAboutAgenda - 10-05-94 - VIII-A 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda A Item No ` ,-�. ACTION AGENDA ITEM ABSTRACT Meeting Date: October 5, 1994 SUBJECT: Hazardous Materials Grant Awards DEPARTMENT Emergency Management PUBLIC HEARING YES NO X ATTACHMENT(S) INFORMATION CONTACT NC Division of Emergency Management Mike Tapp, ext 3030 Award Letter TELEPHONE NUMBER Grant Agreements Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider accepting two grants from the State of North Carolina Division of Emergency Management. BACKGROUND: The US Department of Transportation, through the Hazardous Materials Transportation Uniform Safety Act (HMTUSA) , has offered grant money to the State of North Carolina' s Division of Emergency Management, to assist local governments with monitoring and regulating hazardous materials transportation through their jurisdictions. Available grant funds for 1994-95 were divided into two categories: 1) Special Project Grants; and 2) Program Implemention Grants. In 1993-94, Orange County was chosen to receive a $500 program implementation grant, to assist in defraying the costs of printing and mailouts of the hazardous materials response plan for our Local Emergency Planning Committee (LEPC) and the Emergency Management Division. For 1994-95, Orange County has been awarded a $200 implementation grant and an $8,000 special project grant. The implementation grant funds will be used for the same purpose as the 1993-94 grant award. The special project grant funds will be used to defray the cost of developing and mailing surveys and results to fixed hazardous materials sites and hazardous materials shippers in Orange County. Part of these funds will be used to purchase computer hardware and software for the project. No County matching funds are required. RECOMMENDATION: The Manager recommends that the Board accept the grants and authorize the Manager to execute all documents pertaining to the grants. o,.`SiA7to . i :r , w. .,t 2 North Carolina Department of Crime Control and Public Safety Division of Emergency Management James B. Hunt,Jr.,Governor Thurman B.Hampton,Secretary rflELft MEMORANDUM _ ;; 1 AUG 2 G 1994 Date: August 25, 1994 L. To: HMTA Grant Recipients From: Billy Ray Cameron, Director Division of Emergency Management Subject: HMTA Grant Agreement It gives me great pleasure to inform you that the Orange County Local Emergency Planning Committee will be awarded an Implementation Grant in the amount of $200.00 and a Special Project Grant in the amount of $8000.00. Enclosed please find the HMTA grant agreement which needs to be signed and dated by your County Manager and returned to us as soon as possible. Only when we have received the signed document can we transfer funds to your Jurisdiction. Please note: If you received a grant last year we already have a copy of the resolution requested on page 3 on file,therefore you will only need to return your signed and dated Memorandum of Understanding (MOU). If however you did not receive a grant last year, you will need to provide a copy of the resolution, passed by your County Commissioners, authorizing your County Manager to bind the County in financial agreements, as well as returning the attached signed MOU. The "official" project "start time" will begin when our office receives the enclosed MOU and accompanying resolution (if appropriate). You will be expected to complete the project within the time frame which was specified in the Grant Application. Please keep in mind all funds must be drawn down by June 15, 1995 due to US DOT Grant Regulations. If you have any questions, or if we can be of assistance to you, please contact Bob Buchanan at (919) 733-3638. Congratulations! 116 West Jones Street • Raleigh,North Carolina 27603-1335 • Telephone(919) 733-3867 ',fir An Equal Opportunity/Affirmative Action Employer - • 3 STATE OF NORTH CAROLINA COUNTY OF Orange MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by and between the State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management (hereinafter Division of Emergency Management) , and the County of Orange , State of North Carolina (hereinafter Orange County) . WHEREAS, the Division of Emergency Management is the designated agency for the disbursement of United States Department of Transportation funding for training and planning for hazardous material transportation and emergency response; WHEREAS, seventy-five percent (75%) of the planning grant funding is to be passed on to local governments in the form of grants for the improvement of planning; and WHEREAS, the County of Orange has submitted a grant application for receipt of these funds dated the 28th day of July , 1994. NOW, THEREFORE, in consideration of the following covenants between the parties, the Division of Emergency Management shall provide a grant payment of $200. 00 to Orange County. For and in consideration of this grant payment, Orange County agrees as follows: 4 1. To expend the funds in accordance with its grant application filed with the Division of Emergency Management on the 28th day of July , 1994 , and dated the 28th day of July , 1994, and in compliance with all applicable federal rules and regulations; 2. To maintain accounting records and receipts for the purpose of an audit to prove expenditure of the funds pursuant to the grant application submitted by Orange County on the 28th day of July , 1994; 3 . To maintain these accounting records for a period of 3 years and to submit to any audit upon request by the Division of Emergency Management; and 4 . To repay to the Division of Emergency Management any funds not spent as agreed to herein. 5. To comply with all applicable provisions of federal, state, and local laws, regulations, and DOT directives. The county agrees and understands that federal laws, regulations, policies and related administrative, practices in force and made applicable to this grant on the date of execution may be modified from time to time and that the most recent of such provisions will govern the administration of this grant. 5 6. The County of Orange agrees to comply with DOT regulations Drug-free Workplace Requirements (Grants) 49 CFR Part 29 , Subpart F. and to submit the required certification. 7 . To comply with and execute the appendices attached hereto and incorporated by reference. It is further understood and agreed that any funds not expended by the 30th day of June 19 95 , shall revert to the Division of Emergency Management upon request of the Division of Emergency Management. This MOU is entered into on this the day of , 1994 . Billy Ilk Ca eron, Director State of North Carolina, County Manager Department of Crime Control Signed under authority granted and Public Safety, Division to the County Manager pursuant of Emergency Management to that resolution dated the day of _ 1994 , a copy of which is attached hereto. 6 APPENDIX A ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The County of Orange (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 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, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for which the Recipient receives federal financial assistance from the Department of Transportation, and HEREBY GIVES ASSURANCE THAT 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 assurance 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 ("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, 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 7 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 B of this agreement in every contract subject to the Act and the Regulations. 4 . That this assurance obligates the Recipient for the period during which federal financial assistance is extended to the project. 5. 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 is, 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. 6. 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 and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants in the Department of Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the recipients. DATE (Recipient) by (Signature of Authorized Official) 8 APPENDIX B ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 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 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, 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, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3 . Solicitation 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 contractor's 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, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County of Orange or the Research and Special Programs Administration (RSPA) 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 County of Orange or the Research and Special Programs Administration as 9 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 nondiscrimination provisions of this contract, the County of Orange shall impose contract sanctions as it or the Research and Special Programs 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 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 procurements as the County of Orange or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provides, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the County of Orange to enter into such litigation to protect the interests of the County of Orange , and, in addition the contractor may request the United States to enter into such litigation to protect the interests of the United States. 10 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by County of Orange executed in expending these grant funds. 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, County of Orange 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 [licenses, 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, County of Orange 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 County of Orange and its assigns. 11 The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by County of Orange 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 case of deeds, and leases add ,"as a covenant running with the land" ] that (1) no person on the grounds of race, color, sex, 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 person on the grounds of race, color, sex, 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, permittee, 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 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 any of the above nondiscrimination covenants, County of Orange 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, County of Orange 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 County of Orange and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964 . 12 APPENDIX D 22.4 The Grantee agrees: 22 .4.1 To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 552A and regulations adopted thereunder, when performance under the program involves the design, development, or operation of any system of records on individuals to be operated by the Grantee, its third-party contractors, subcontractors, subgrantees, or their employees to accomplish a DOT function; 22.4.2 To notify DOT when the Grantee or any of its third-party contractors, subcontractors, subgrantees, subrecipients, or their employees anticipate operating a system of records on behalf of DOT in order to implement the program, if such system contains information about individual's name or other identifier assigned to the individual. A system of records subject to the Act may not be used in the performance of this Agreement until the necessary and applicable approval and publication requirements have been met. 22.4.3 To include in every solicitation and in every third-party contract, subgrant, and when the performance of work under that proposed third-party contract, subgrant, or subagreement may involve the design, development, or operation of a system of records on individuals to be operated under that third-party contract, subgrant, or to accomplish a DOT function, a Privacy Act notification informing the third-party contractor, or subgrantee, that it will be required to design, develop, or operate a system of records on individuals to accomplish a DOT function subject to the Privacy Act of 1974 , 5 U.S.C. § 552a, and applicable DOT regulations, and that a violation of the Act may involve the imposition of criminal penalties; and 22.4.4 To include the text of Subsections 22 .4 . 1 through 22 .4.4 in all third-party contracts, and subgrants under which work for this Agteement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of DOT. DATE (Recipient) by (Signature of Authorized Official) 13 APPENDIX E CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (GRANTEES OTHER THAN INDIVIDUALS) This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988,44 CFR Part 17, Subpart F. The regulations, published in the January 31, 1989 Federal Register, require certification by grantees, prior to award, that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments,suspension or termination of grants,or government-wide suspension or debarment,(See 44 CFR Part 13,Subpart C 13.300 and Subpart D 13.400). The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation,and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2), from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions,within 30 days of receiving notice under subparagraph (d)(2),with respect to any employee who is convicted- (1) Taking appropriate personnel action against such an employee,up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b)(c),(d),(e) and(g). Place(s)of Performance: The grantee shall insert in the space provided below the site(s)for the performance of work done in connection with the specific grant(street address,city,county,state,zip code): Organization Name (As appropriate) Application Number Printed Name Signature Date 14 STATE OF NORTH CAROLINA COUNTY OF Orange MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by and between the State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management (hereinafter Division of Emergency Management) , and the County of Orange , State of North Carolina (hereinafter Orange County) . WHEREAS, the Division of Emergency Management is the designated agency for the disbursement of United States Department of Transportation funding for training and planning for hazardous material transportation and emergency response; WHEREAS, seventy-five percent (75%) of the planning grant funding is to be passed on to local governments in the form of grants for the improvement of planning; and WHEREAS, the County of Orange has submitted a grant application for receipt of these funds dated the 28th day of July , 1994 . NOW, THEREFORE, in consideration of the following covenants between the parties, the Division of Emergency Management shall provide a grant payment of $8000. 00 to Orange County. For and in consideration of this grant payment, Orange County agrees as follows: 15 1. To expend the funds in accordance with its grant application filed with the Division of Emergency Management on the 28th day of July , 1994, and dated the 28th day of July , 1994 , and in compliance with all applicable federal rules and regulations; 2 . To maintain accounting records and receipts for the purpose of an audit to prove expenditure of the funds pursuant to the grant application submitted by Orange County on the 28th day of July , 1994 ; 3 . To maintain these accounting records for a period of 3 years and to submit to any audit upon request by the Division of Emergency Management; and 4 . . To repay to the Division of Emergency Management any funds not spent as agreed to herein. 5. To comply with all applicable provisions of federal, state, and local laws, regulations, and DOT directives. The county agrees and understands that federal laws, regulations, policies and related administrative practices in force and made applicable to this grant on the date of execution may be modified from time to time and that the most recent of such provisions will govern the administration of this grant. 16 6. The County of Orange agrees to comply with DOT regulations Drug-free Workplace Requirements (Grants) 49 CFR Part 29, Subpart F. and to submit the required certification. 7. To comply with and execute the appendices attached hereto and incorporated by reference. It is further understood and agreed that any funds not expended by the 30th day of June 19 95 , shall revert to the Division of Emergency Management upon request of the Division of Emergency Management. This MOU is entered into on this the day of , 1994. Billy R &6ro4Dt:4 State of Nortt"Carolina, County Manager Department of Crime Control Signed under authority granted and Public Safety, Division to the County Manager pursuant of Emergency Management to that resolution dated the day of 1994, a copy of which is attached hereto. ..• 17 • APPENDIX A ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The County of Orange (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 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, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for which the Recipient receives federal financial assistance from the Department of Transportation, and HEREBY GIVES ASSURANCE THAT 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 assurance 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 ("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, 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 18 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 B of this agreement in every contract subject to the Act and the Regulations. 4 . That this assurance obligates the Recipient for the period during which federal financial assistance is extended to the project. 5. 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 is, 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. 6. 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 and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants in the Department of Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the recipients. DATE (Recipient) by (Signature of Authorized Official) 19 APPENDIX B ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 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 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, 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, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3 . Solicitation 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 contractor's 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, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County of Orange or the Research and Special Programs Administration (RSPA) 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 County of Orange or the Research and Special Programs Administration as 20 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 nondiscrimination provisions of this contract, the County of Orange shall impose contract sanctions as it or the Research and Special Programs 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 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 procurements as the County of Orange or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provides, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the County of Orange to enter into such litigation to protect the interests of the County of Orange , and, in addition the contractor may request the United States to enter into such litigation to protect the interests of the United States. 21 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by County of Orange executed in expending these grant funds. 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, County of Orange 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 [licenses, 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, County of Orange 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 County of Orange and its assigns. 22 The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by County of Orange 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 case of deeds, and leases add "as a covenant running with the land") that (1) no person on the grounds of race, color, sex, 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 person on the grounds of race, color, sex, 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, permittee, 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 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 any of the above nondiscrimination covenants, County of Orange • 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, County of Orange 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 County of Orange and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964 .