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HomeMy WebLinkAbout09 ADOPTION OF TITLE VI IMPLEMENTATION PLAN Agenda Item_______ Reviewed: AGENDA REPORT City Manager_______ Finance Director_______ MEETING DATE:OCTOBER 6, 2026 TO:ALDO E. SCHINDLER, CITY MANAGER FROM:MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS SUBJECT:ADOPTION OF TITLE VI IMPLEMENTATION PLAN SUMMARY: Staff recommendthat the City Council adopt the proposed Title VI Implementation Plan and authorize its submission to the California Department of Transportation. The Title VI Plan is an administrative document required by agencies receivingfederal funding. The planformalizes the City’slongstanding commitment to providing equitable access to programsand services consistent with Title VI of the Civil Rights Act of 1964, and continued compliance with federal nondiscrimination requirements, maintaining eligibility for current and future federal transportation funding. RECOMMENDATION: Recommend the City Council: Adopt Resolution No.26-42, adopting the Title VIImplementation Plan; and Authorize the City Manager orhisdesignee, to sign and submitall required documentation to the California Department of Transportationto remain compliant with Title VIrequirements. FISCAL IMPACT: There is no fiscal impact with therecommended actions. The recommended action supports the City's continued eligibility for federal transportation grant funding by satisfying California Department of Transportationand Federal Highway Administration compliance requirements. CORRELATION TO THE STRATEGIC PLAN: The adoption of a Title VIImplementationPlan will ensure that City remains eligible for funding under federal grant programs to improve City infrastructure contributes to the fulfillment of the City’s Strategic Plan Goal B: Public Safety and Protection of Assets. Specifically, the project implements Strategy #1, which, among other items, is to ensure City Council AgendaReport Adoption of Title VI Plan October 6, 2026 Page 2 continuous maintenance and improvement of public transportation facilities. BACKGROUND AND DISCUSSION: Title VI of the Civil Rights Act of 1964 (Title VI) prohibits discrimination based on race, color, religion, or national origin in programs and activities receiving federal financial assistance. As a recipient of federal funding, the City is required to adopt and implement a Title VI Plan to ensure compliance with federal regulations. The purpose of the Title VI Plan is to prohibit discrimination and ensure non-discrimination for projects and programs using federal funds. Other nondiscrimination statues afford legal protection under the Federal Highway Administration Title VI/Nondiscrimination Program include sex, age, disability, religion, sexual orientation, and other categories. Title VI compliance is a condition of receiving federal financial assistance. Agencies receiving federal transportation funding are required to adopt policies and procedures that ensure programs, services, and public participation activities are conducted without discrimination and are accessible to all members of the public. The City has recently received and continues to pursue federal transportation funding for projects including the Main Street Improvements Project, Jamboree Road Rehabilitation, Red Hilld Rehabilitation, and the Tustin Ranch Road Pedestrian Bridge Projects. During a recent compliance review, the California Department of Transportation (Caltrans) informed staff that a formally adopted Title VI Implementation Plan is required for continued compliance. Staff has prepared a Title VI Implementation Plan, which establishes the City’s Title VI Program. The proposed Title VI Implementation Plan establishes the City's framework for ongoing compliance and includes: itle VI Policy Statement T Public Participation Plan Limited English Proficiency Plan Complaint procedures and investigation process Data collection and monitoring procedures Organizational responsibilities and staff training Annual reporting and program administration. Adoption of Resolution No. 26-42 formalizes the City's longstanding commitment to providing equitable access to programs, services, and transportation improvements. Approval will allow staff to submit the Plan to Caltrans and maintain compliance with federal requirements necessary to preserve eligibility for existing and future federal transportation funding. The City Attorney's Office has reviewed the proposed Title VI Implementation Plan and resolution as to form. City Council AgendaReport Adoption of Title VIPlan October 6, 2026 Page3 _____________________ Michael Grisso Director of Public Works Attachment: 1.Resolution No. 26-42& Title 6 Implementation Plan RESOLUTION NO.26-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY OF TUSTIN TITLE VI IMPLEMENTATION PLAN WHEREAS, the City of Tustin desires to comply with Title VI of the Civil Rights Act of 1964; and WHEREAS, Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) provides that no person in the United States shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance; and WHEREAS, additional federal nondiscrimination laws and regulations applicable to federally assisted transportation programs prohibit discrimination on the basis of disability, age, sex, and other protected characteristics; and WHEREAS, the City of Tustin receives and seeks Federal transportation funding administered by the Federal Highway Administration (FHWA), through the California Department of Transportation (Caltrans); and WHEREAS, as a recipient and subrecipient of Federal financial assistance, the City is required to establish and maintain a Title VI Program demonstrating compliance with applicable federal nondiscrimination requirements as a condition of receiving Federal transportation funding; and WHEREAS, Caltrans is responsible for monitoring local agency compliance with FHWA Title VI requirements and has requested that the City formally adopt a Title VI Implementation Plan; and WHEREAS, adoption of the Title VI Implementation Plan demonstrates the City's commitment to providing equitable access to its programs, services, activities, and public participation processes while maintaining eligibility for current and future Federal transportation funding. NOW, THEREFORE, BE IT RESOLVED that: 1. The foregoing recitals are true and correct; and 2. The City Council hereby adopts the City of Tustin Title VI Implementation Plan attached as "Exhibit A”; and 3. The City Manager, or designee, is authorized to implement, administer, maintain, and submit all documentation necessary to Caltrans and other appropriate ______________________ Resolution 26-42 Page 1of 2 agencies to ensure the City's continued compliance with Title VI and other applicable federal nondiscrimination requirements. PASSED, APPROVEDAND ADOPTED at a regular meeting of the City Council of the City th of Tustin held on the 6 day of October 2026. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 26-42 was duly passed th and adopted at a regular meeting of the Tustin City Council, held on the 6day of October 2026, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ____________________________ ERICA N. YASUDA, City Clerk ______________________ Resolution 26-42 Page 2 of 2 CITY OF TUSTIN TITLE VI IMPLEMENTATION PLAN 2 Adopted October 6,2026 City of Tustin Title VI Implementation Plan 3 TABLE OF CONTENTS Introduction_____________________________________________________________________5 Title VI Non-Discrimination Policy Statement________________________________________6 Title VI Non-Discrimination Notice to the Public______________________________________8 Title VI of the Civil Rights Act of 1964 and Related Authorities_______________________10 Organization & Staffing__________________________________________________________12 Organization Chart....................................................................................................................................13 Title VI Coordinator...................................................................................................................................13 Title VI Complaint Procedures____________________________________________________15 Caltrans OCR Investigation Process....................................................................................................16 Public Participation and Outreach Strategies...................................................................................18 Limited English Proficiency.....................................................................................................................19 Four Factor Analysis.................................................................................................................................21 Language Access Plan.............................................................................................................................21 Dissemination of Title VI Information..................................................................................................22 Environmental Justice...............................................................................................................................22 Recordkeeping and Data Collection_______________________________________________24 Recordkeeping............................................................................................................................................24 Data Collection...........................................................................................................................................24 Standard Assurances in Contract Documents and Agreements_______________________26 Title VI Annual Work Plan_______________________________________________________28 Annual Goals and Accomplishments Report....................................................................................28 Internal Reviews.........................................................................................................................................28 External Reviews.......................................................................................................................................29 Subrecipient and Contractor Compliance...........................................................................................30 Appendix A: Title VI Complaint Form..................................................................................................31 Appendix B: Title VI Complaint Log.....................................................................................................32 City of Tustin Title VI Implementation Plan 4 Appendix C: Title VI Assurances A-E..................................................................................................33 City of Tustin Title VI Implementation Plan 5 INTRODUCTION The City of Tustin is a recipient and sub-recipient of financial assistance from federal aid programs. Recipients and sub-recipients of federal aid are required to comply with various nondiscrimination laws and regulations, including Title VI of the Civil Rights Act of 1964. Title VI requires that “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 subjected to discrimination under any program or activity receiving Federal financial assistance.” (42U.S.C. §2000d et seq.). Subsequently, various other statutes added prohibitions against discrimination based on sex, age, disability, or socioeconomic status. In addition, the Civil Rights Restoration Act of 1987 defines the word “program” to make clear that discrimination is prohibited throughout an entire agency if any part of the agency receives federal financial assistance. Federal statutes and regulations require recipients of federal aid programs to prepare and implement a program to clarify roles, responsibilities, and procedures to ensure compliance with Title VI and related statutes. This Title VI Implementation Plan describes elements of the City of Tustin’s Title VI Program and provides the policy direction necessary to ensure compliance with Title VI of the Civil RightsAct of 1964. City of Tustin Title VI Implementation Plan 6 TITLE VINON-DISCRIMINATION POLICY STATEMENT It is the policy of the City of Tustinthat no person shall on the grounds of race, color, national origin, sex, disability,age, religion, sexual orientation, income status or other protected status , be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of the City of Tustinas provided by Title VI of the Civil Rights Act of 1964 and related statutes. This policy applies to all operations of the City of Tustin, including its contractors and anyone who acts on behalf of the City of Tustin. This policy also applies to the operations of any department or agency to which the City of Tustinextends federal financial assistance. Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance. Prohibited discrimination may be intentional or unintentional. Seemingly neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination. Examples of prohibited types of discrimination based on race, color, national origin, sex, disability, or age include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality, quantity, or manner in which a benefitis provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired; and Discrimination in employment. Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with City of Tustin Title VI Implementation Plan 7 this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21. The City Manager designates the Title VI Coordinator as responsible for ensuring the implementation and enforcement of this policy and for coordinating related compliance activities. th Adopted this 6day of October, 2026. __________________________________ Aldo E. Schindler, City Manager City of Tustin City of Tustin Title VI Implementation Plan 8 TITLE VI NON-DISCRIMINATION NOTICE TO THE PUBLIC The City of Tustin, in compliance with Title VI of the Civil Rights Act of 1964 and related laws, ensures that no person in the City of Tustin, on the grounds of race, color, national origin, sex, disability, religion, sexual orientation, or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity it administers that is receiving federal financial assistance. The City of Tustinfurther assures that every effort will be made to ensure non-discrimination in all its programs, activities, and services, whether those programs, activities,and services are federally funded or not. Additionally, the Federal Transit Administration (FTA) requiresrecipients of Federal assistance to certify compliance with the requirements of Title VI as part of the funding eligibility process. Title VI of the Civil Rights Act of 1964 and related laws prohibit recipients of Federal financial assistance from discriminating based on national origin by failing to provide meaningful access to services to individuals who are of Limited English Proficiency (LEP). This protection requires that LEP individuals be provided an equal opportunity to benefit from or have access to services that are normally provided in English. If you believe you have been excluded from participation in, denied the benefits of, or been subjected to discrimination under this City of Tustinprogram, you may file an official Title VI complaint with the City. We encourage you to make your complaint in writing. A complaint must be filed180 days after the date of the alleged discrimination. The Title VI Complaint Procedures and Complaint Form can be obtained on the City's websiteat www.tustinca.org/titlevior by contacting the City’s Title VI Coordinator. To request an alternate format of this Notice or for additional information on the City of Tustin’s nondiscrimination obligations, please contact the City by mail, telephone,or email using the information below: City of Tustin Title VI Implementation Plan 9 City of Tustin Attn:Title VI Coordinator Public Works Department 300 Centennial Way Tustin, CA 92780 (714) 573-3025 titlevi@tustinca.org City of Tustin Title VI Implementation Plan 10 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND RELATED AUTHORITIES Recipients of federal funds are required to comply with various non- discrimination laws and regulations. These statutes afford legal protections against discrimination on the grounds of race, sex, age, disability, and language. Title VI requirements include, but are not limited to: Title VI of the 1964 Civil Rights Act provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits or, or be subjected to discrimination under any program or activity receiving Federal financial assistance (as implemented through23 CFR §200.9and 49 CFR §21). Section 162(a) of the Federal-Aid Highway Act of 1973 added the requirement that there be no discrimination on the basis of sex. (23 USC §324 ) Section 504 of the Rehabilitation Act of 1973 is a federal law that prohibits discrimination on the basis of disability by recipients and sub-recipients of Federal financial assistance.(29 USC §794) The Age Discrimination Act of 1975 prohibits discrimination on the basis of age by recipients and subrecipients of Federal financial assistance. (42 USC§§6101-6107) The Civil Rights Restoration Act of 1987 amends the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975and other laws to clarify that the protections afforded to protected classes apply to all programsand activities of state and local governments and other entities, any part of which is extended federal funding (Public Law 100-259). City of Tustin Title VI Implementation Plan 11 To address environmental justiceissues that may impact minority and low-income populations, agencies are required todevelop strategies to address disproportionately high and adverse human health or environmental effects of their programs on minority and low- income populations; promote nondiscrimination in federal programs substantially affecting human health and the environment; and provide minority and low-income communities with access to public information and an opportunity for public participation in matters relating to human health or the environment. To ensure compliance with these and other applicable requirements, agencies are directed to evaluate services provided and implement a system that ensures that Limited English Proficiency (LEP) persons are able to meaningfully access the services provided, consistent with, and without unduly burdening the fundamental mission of the local agency. Agencies are directed to ensure that recipients of federal financial assistance provide meaningful access to programs, services,and information to their LEP applicants and beneficiaries free of charge. City of Tustin Title VI Implementation Plan 12 ORGANIZATION & STAFFING To ensure citywide compliance with Title VI requirements, each department involved in federally assisted activities has the following responsibilities: City Manager’s Office: Direct the citywide implementation of the Title VI Program. Community Development:Ensure fair housing and land-use policies do not disproportionately affect minority or low-income populations. All Departments/Procurement:Include Title VI assurances in all federally funded procurements and maintain documentation of compliance. Human Resources:Ensure equal employment opportunity within federally funded programs and provide annual Title VI and ADA training to staff. Parks and Recreation:Guarantee that public facilities and programs are accessible and inclusive to all residents Public Works / Engineering:Coordinate citywide implementation of the Title VI Program; receive and track complaints; oversee training and annual reporting; ensure departmental compliance; serve as liaison with Caltrans, FHWA, and other oversight agencies.Incorporate nondiscrimination clauses in contracts, monitor construction contractors and consultants for compliance, and ensure equal access to public infrastructure improvements. City of Tustin Title VI Implementation Plan 13 Organization Chart City Manager Head of Agency City Manager's Community Office Development Assistant City Manger Director Human Resources Finance Department Director Director Parks & RecreationPolice Department DirectorChief Public Works Director Title VI Coordinator Title VI Coordinator The City of Tustin has a designated Title VI Coordinator to be responsible for the Title VI program implementation. They will work closely with the City’s ADACompliance Officer to ensure compliance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and related accessibility requirements applicable to federally funded programs, services, activities, meetings, communications, and facilities. Coordination efforts include implementation and periodic review of the City’s ADA Transition Plan, accessibility accommodationsfor public meetings and outreach activities, and ensuring that accessible formats and communication methods are available upon request.The Title VI Coordinatorwill take the lead in: Ensuring policies in the Title VI Implementation Plan are enforced Processing and resolving Title VI complaints City of Tustin Title VI Implementation Plan 14 Managing biennial Title VI training sessions for City staff involved in federal programs Preparing the annual Title VI Accomplishments and Goals Report (Work Plan) Revising the Title VI Implementation Plan as needed The Title VI Coordinator will coordinate and participate in biennial training for all City staff involved in federally funded programs and for any contractors or subrecipients. Training will cover Title VI principles, complaint procedures, LEP access, Environmental Justice, and documentation requirements. Training completion will be tracked and maintained as part of the City’s Title VI records. The Title VI Coordinator will also distribute updates and guidance from Caltrans or the U.S. DOT as needed. When deficiencies are identified, the following actions will be taken to ensure compliance with Title VI requirements: 1.Document Findings–The Title VI Coordinator will recordidentified deficiencies and supporting evidence. 2.Issue Corrective Actions–Written corrective action plans will be provided to the responsible party, including specific timelines for resolution. 3.Conduct Follow-Up Reviews–The Title VI Coordinator will verify thatcorrective actions have been implemented and compliance restored. 4.Apply Remedies for Persistent Noncompliance–If deficiencies remain unresolved, appropriate measures may include contract modifications, suspension of work, or withholding of federal funds in accordance with applicable regulations. City of Tustin Title VI Implementation Plan 15 TITLE VI COMPLAINT PROCEDURES The City of Tustin is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Tustin on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law Any person who believes they were subjected to discrimination by the City’s programs or activities because of their race, color, national origin, or other protected status may file a written Title VI complaint with the City of Tustin’s Title VI Coordinator within 180 days of the alleged discriminatory act(s).A complaint form is available in Appendix A of this plan and online at www.tustinca.org/titlevi. Once the Title VI complaint is received, the Title VICoordinatorwill forward it to Caltrans for submissionto the FHWA Division Office. The Title VI Coordinator will also begin processing the complaint by entering said complaint into the City’s Title VI Discrimination Complaint Log andconducting an internal investigation. Once a finding has been determined/received, the City’s Title VI Coordinator will provide said findingsto the complainant within ten business days via letter and/or email. Complaints Processed Under the Federal Highway Administration Title VI complaints filed with Caltrans in which Caltrans is named as the Respondent will be forwarded to the FHWA Division Office. The Complainant will receive an acknowledgement letter informing them that the complaint has been received and forwarded to the FHWA. Per the FHWA Guidance Memorandum, “Processing of Title VI Complaints,”dated June 13, 2018, all Title VI complaints received by a sub-recipient (including the City ofTustin)are to be forwarded to Caltrans to be submitted to the FHWA Division Office. Complaints should be City of Tustin Title VI Implementation Plan 16 sent within one business day of receipt via email to Title.VI@dot.ca.gov. If the Headquarters Office of Civil Rights (HCR) determines that a Title VI complaint against a sub-recipient can be investigated by Caltrans, HCR may delegate the task of investigating the complaint to Caltrans. Caltrans OCR Investigation Process If OCR is delegated the responsibility of performing an investigation, OCR has 90 days to investigate the complaint. If additional time is needed, OCR will call the Complainant and inform them. If more information is needed to resolve the case, the OCR investigator may contact the Complainant. The Complainant has ten business days from the date of the letter to send the requested information to the investigator assigned to the case. If the investigator is not contacted by the Complainant or does not receive the additional information within ten business days, OCR can administratively close the case. A case can also be administratively closed if the complainant no longer wishes to pursue their case. OCR willconsult with HCR regarding the disposition of the complaint. Disposition of the Title VI complaint will be undertaken by HCR, through either (1) informal resolution or (2) issuance of a Letter of Finding of compliance or noncompliance with Title VI. A copy of the Letter of Finding will be sent to all parties via the Division Office. A person may also file a complaint directly with: Federal Transit Administration Civil Rights Division Attention: Complaint Team East Building, 5th Floor –TCR 1200 New Jersey Avenue, SE Washington, DC 20590 City of Tustin Title VI Implementation Plan 17 Federal Highway Administration U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Avenue, SE 8th Floor E81-105 Washington, DC 20590 California Department of Transportation Office of Civil Rights Attention: Title VI Program Branch 1823 14th Street, MS 79 Sacramento, CA 95811 Title.VI@dot.ca.gov Should a complaint be filed with the Cityand with a federal or state agency simultaneously, the federal/state complaint will supersede the City’s complaint,and the City’s complaint procedures will be suspended pending the federal/state agency’s findings. City of Tustin Title VI Implementation Plan 18 OUTREACH AND RESOURCES Public Participation and Outreach Strategies The City’s public participation and outreach for projects receiving federal funding will work in tandem with the Title VI Plan and Limited English Proficiency/Language Access Plan. The goal is to engage all stakeholders who are either directly or indirectly impacted by the City’s federally funded projects. Emphasis will be placed on receiving input from low-income and minority communities that may be underrepresented. The outreach techniques below will be used to solicit public input. Materials posted on the techniques below can be translated, upon request, into Spanish and all other languages identified in the following Limited English Proficiency (LEP)subsection. City of Tustin Website–The City of Tustin’s website will include a page dedicated to Title VI. This Implementation Plan,along with all other applicable notices and documents,will be made available to the publicon the City’s website. City of Tustin Quarterly Brochure–The City’sbrochure titled “Tustin Today”is published quarterly. This brochure providesupdates on projects, programs,and services across the City and helpsthe public stayinformed. Social Media–The City makes use of various social media platformsincluding Facebook, Instagram, and X to disseminate information. Public Notices-The City publishesPublic Notices for each program receiving federal funding. These notices contain Title VI information and related statutes for the general public,along with details about the individual projects. City of Tustin Title VI Implementation Plan 19 Public Meetings and Focus Groups–The need for Public Meetings and Focus Groups for federally funded programs will be determined on an as-needed basis. Projects with large footprintsor impactsmay require public meetingsor focus groupsto solicit input. Postings and advertisements for these events will be distributed through the aforementioned methods,and translations of these announcements will be provided if a particular Limited English Proficiency (LEP)group is identified through the Four Factor Analysis or otherwise determined to be affected. Public meetings and outreach activities will be conducted in accessible locations, and reasonable accommodations will be provided upon request, consistent with applicable accessibility requirements and available City resources. Limited English Proficiency The City has developed an evaluation and implementation program to ensure that LEP persons who are served by Federal-aid programs administered by the City are provided, free of charge, meaningful access to programs, services, and information. Individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English are considered to have Limited EnglishProficiency (LEP) and are entitled to language assistance under Title VI. To assist these individuals, agencies that receive federal fundingare obligedto: Examine their federally funded services and develop and implement processes and guidance that will allow LEP persons to meaningfully access those services Prepare a plan to overcome language barriers in federally funded programs and activities Ensure that stakeholders have an adequate opportunity to provide input LEP data helps the City identify the need for language translation services and ensure information is widely available based on need. Analysis of the 2022 Census revealed the following ethnic composition in the City of Tustin,summarized in Table 1 below: City of Tustin Title VI Implementation Plan 20 Table 1, City of TustinEthnic CompositionPopulation EthnicityPercent White 51.1% Black or African American 1.9% American Indian and Alaska Native 3.9% Asian 28.5% Native Hawaiian and Other Pacific Islander 0% Other 37.5% Source: U.S. Census Bureau Data: ACS Demographic and Housing Estimates. According to the U.S.Census Bureau’s AmericanCommunity Survey2023 5-Year Estimate, about 19.6 percent of the City’s population self-reported speaking English less than “very well”. Table 2 provides a breakdown of City residents by languages spoken and English language proficiency (only languages spoken by at least one percent of the City’s overall population are shown). Table 2: City of Tustin Limited English Proficiency LanguageGroup Individuals who Percent of Group Population speak Englishless Population than "very well" English Only 35,714 Spanish 22,1228,32337.6% Asian and Pacific Island 11,3924,84842.6% languages Other Indo-European 4,1471,20229.0% languages Other Languages 79520125.3% Total Population Aged 74,17014,57419.6% 5 Years and Older Source:U.S. Census Bureau Data: ACS Language Spoken at Home Data Table City of Tustin Title VI Implementation Plan 21 Four Factor Analysis The City is required to ensure that programs and activities normally provided in English are accessible to LEP persons.A Four-Factor Analysis will be conducted on an as-needed basis using the latest Census data to identify languages in which oral interpretation and written translation services may be required.This analysis examines: 1.The number or proportion of LEP persons eligible to be served or likely to be encountered; 2.The frequency of LEP contacts; 3.The nature and importance of the programs, services, or activities provided; and 4.The resources available for LEP persons. This analysis helps the Citydetermine whether any elements of its programs and activities should be changed to ensure meaningful access by LEP persons. For example, the analysis can help determine which materials should be translated intoany specific additional languages beyond Spanish. The Four Factor Analysis will be employed annually, as well as on a project-level basis,to ensure that project-specific language access is accounted for. Language Access Plan The City has developed a wide range of procedures and resources to address languageaccess needsfor LEP persons under Title VI. These resources are provided at no additionalcost to the individual and include the following: City employees who are bilingual are available to assist LEP individuals with communication and translation needs. The City’s current language capabilities include Spanish, Farsi, Mandarin, Vietnamese, Czech, Tagalog, American Sign Language (ASL), German, Hindi, Korean, Portuguese, and Russian. Qualified interpreting services, including over-the-phone and in-personinterpretation Document translation services City of Tustin Title VI Implementation Plan 22 Website translation via the integrated Google Translate drop-downmenu feature on every page Notices, surveys, forms, and other documents provided in English and Spanish, aswell as other languages and formats upon request or as determined appropriate through the four-factoranalysis Documents and communications related to federally funded programs will be made accessible upon request through reasonable accommodation measures, consistent with applicable accessibility requirements and available City resources. Dissemination of Title VI Information To ensure that Title VI and related Civil Rights information is easily accessible to the public, the City will prepare public notices, such as posters, flyers, and complaint forms, in English, Spanish, and other languages upon request. Additionally, the City will collect data to identify the most commonly spoken Asian and Pacific Islander languages in Tustin and provide translated materials in those languages. Language selections forthese materials will be based on U.S. Census data (seee.g.,Table 2 above). Flyers and posters will be prominently displayed in the City Hall lobby in a highly visible and accessible location. All public notices will also be available online at www.tustinca.org/titleviwebpage and related public information will be maintained in a manner consistent with applicable accessibility requirements and available City resources. Environmental Justice To address environmental justiceissues that may impact minority and low-income populations, the City will identify and address the environmental effects of programs, policies, and activities on minority and low-income populations for federally fundedprojects. Staff will consider demographic data during project design and involve the public in the planning and development process to assess the environmental impacts of projects on the community. The City of Tustin Title VI Implementation Plan 23 public’s input and demographic data analysis will enable staff to develop measures to mitigate any potential adverse effects on minority and low-income populations. City of Tustin Title VI Implementation Plan 24 RECORDKEEPING AND DATA COLLECTION Recordkeeping The City will maintain the following records for a minimum of three years: Title VI complaints, investigations, and resolutions; Training attendance logs; Public outreach and participation documentation; LEP and demographic data analyses; and Subrecipient compliance reviews. These records will be available for review by Caltrans or federal agencies upon request and will inform the City’s Annual Goals and Accomplishments Report.The City's ADA Transition Plan and related accessibility improvement efforts are maintained separately from the Title VI Program. However, these efforts support implementation of Title VI and Section 504 requirements applicable to federally funded programs, services, activities, and facilities. Coordination between the Title VI Coordinator and the City's ADA Coordinator will occur as appropriate to ensure accessibility considerations are incorporated into federally funded projects and public outreach activities. Data Collection The City of Tustin will collectand analyzedemographic data to evaluate the effectiveness of outreach and participation in federally funded programs.Demographic and related data collected and used by City staff comefrom governmental sources responsible for collecting and vetting the information for consistency and accuracy. These sources include, but are not limited to, the U.S. Bureau of Labor Statistics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, and the California Employment Development Department. Additionally, staff may also collect project-specific City of Tustin Title VI Implementation Plan 25 demographic data utilizing data collection as appropriate through the public outreach process on federallyfundedprojects. Such outreach that may allow staffto collect demographic data may include door hangers, posters, emails, social media releases, press releases to local newspapers, public meetings, virtual meetings, and public commentsthrough websites generated for projects. Collected data will be reviewed annually to determine whether minority or LEP populations are underrepresented. Outreach strategies are adjusted as necessary to ensure equitable participation. City of Tustin Title VI Implementation Plan 26 STANDARD ASSURANCES IN CONTRACT DOCUMENTS AND AGREEMENTS The City will ensure that any federallyfunded project documents contain the necessaryTitle VI Assurances and other language. Such assurances include, but may not be limitedto: FHWA Form 1273 (Title VI and other non-discriminatory requirements) o Required on all FHWA contracts and subcontracts valued greater than $10,000 Title VI Assurances Appendix A-E o Appendix A-E to be attached to Federal-Aid contractsunder Appendix C. Additionally, City staff will include the provisions indicated in the "Administering Agency- State Agreement for Federal-Aid Projects Master Agreement” in the Caltrans Local Assistance Procedures Manual (LAPM) in contracts and agreements, where applicable, between theCity and contractors.The LAPM provides procedures for local agencies to be compliant with Federal Highway Administration guidelines for projects receiving federal funds. The provisions of Chapter 10: Consultant Selection will be followed to ensure that there is no discrimination on thegrounds of race, color, ornational origin. The City will continue to utilize the "Local Agency Construction Contract Administration Checklist" (Exhibit 15-A of the LAPM), which confirms that DBE and labor/EqualEmployment Opportunity (EEO) compliance requirements are performed and documentedin the project files. Exhibit 15-A of the LAPM documents that the local agency will meet allthe requirements prior to the award of a construction contract. Lastly, the City will continue to utilize the "Resident Engineer’s Construction Contract Administration Checklist" (Exhibit 15-B of the LAPM) on federal-aid projects. The checklist assists in administering federal-aid highway construction projects and provides a recordthat the EEO/Wage Rate/False Statements posters are being posted at specific locations, that employee interviews will be conducted in accordance with the Labor Compliance/EEO City of Tustin Title VI Implementation Plan 27 interview form, and that DBE requirements are met. City staff will continue to submitExhibit 15-B, along with the Award Package,shortly after award of each constructioncontract. City of Tustin Title VI Implementation Plan 28 TITLE VI ANNUAL WORK PLAN The Title VI Coordinator will conduct internal reviews through self-monitoring assessments and address any deficiencies in the delivery of services. External reviews of sub-awardees who receive federal funds through the City, such as contractors or consultants, will also be conducted and monitored as part of the City’s Title VI Program. Additionally, the Title VI Coordinator will establish, monitor, and report on program goals and accomplishments on an annual basis. The Title VI Coordinator will ensure that employee training is conducted, language translation services continue to be available, public participation is optimal, and appropriate Title VI signage is posted. This also includes updating community statistics and corresponding with state and federal agencies as necessary. The City of Tustin’s Title VI Plan will be evaluated through a combination of the Annual Goals and Accomplishments Report, internal reviews, and external reviews. Internal reviews will take place annually as part of the Annual Goals and Accomplishments Report, while external reviews of sub-awardees on projects receiving federal funding will be conducted on an as- needed basis. It is the City of Tustin’s goal to conduct these reviews to ensure that there are no discriminatory practices in the City’s federally funded programs. Annual Goals and Accomplishments Report The City of Tustin’s Annual Goals and Accomplishments report will be posted directly on the City’s Title VI webpage. This report documents all Title VI-related complaints and actions from the previous year and lists the upcoming changes, reviews, and projects that fall under Title VI. Internal Reviews Internal reviews of the City of Tustin’s Title VI program will take place annually in conjunction with preparation of the City’s Annual Goals and Accomplishments report. The City’s Title VI City of Tustin Title VI Implementation Plan 29 Coordinator will review the effectiveness of the Title VI Implementation Plan, Public Participation Plan, and Language Access Plans. Elements of this review may include: Identification of the number of LEP individuals assisted Review of community demographic information Assessment of staff understanding of Title VI guidelines The City will conduct periodic Title VI reviews of its program areas to ensure nondiscrimination compliance. Program Areas Subject to Review Include: Public Works / Engineering Community Development Parks and Recreation All Departments/Purchasing Each review evaluates: Whether federally funded activities are administered without discrimination Whether public outreach is inclusive of minority and LEP populations Whether Title VI assurances and complaint procedures are properly implemented Reviews are conducted through desk audits, document reviews, and staff interviews as appropriate. External Reviews External reviews of sub-awardees on projects receiving federal funding will take place on an as-needed basis. This effort is to ensure that the City of Tustin and its sub-awardees are in compliance with Title VI requirements. City of Tustin Title VI Implementation Plan 30 In addition, the City is subject to reviews when requested by Caltrans. These external reviews by Caltrans will provide feedback and action items to correct should any potential deficiencies be identifiedin the City of Tustin’s Title VI Implementation Plan. Subrecipient and Contractor Compliance The City of Tustin requires all subrecipients, consultants, and contractors participating in federally funded projects to comply with Title VI of the Civil Rights Act of 1964 and related nondiscrimination authorities. Each contract shall include the following assurance clause: “The contractor, subrecipient, or consultant shall comply with Title VI of the Civil Rights Act of 1964 (42 USC. §2000d et seq.) and related laws to ensure that no person shall, on the grounds of race, color, national origin, or other protected class be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination by an organization engaged in any program or activity receiving Federal financial assistance.” The Title VI Coordinator will conduct periodic desk reviews and monitoring of subrecipients to verify compliance and will provide corrective actions when necessary. City of Tustin Title VI Implementation Plan 31 Appendix A: Title VI Complaint Form City of Tustin Title VI Implementation Plan CITY OF TUSTIN TITLE VI COMPLAINT FORM The City of Tustin, under Title VI of the Civil Rights Act of 1964, ensures “Noperson in the United States shall, on the ground of race, color, or national origin, beexcluded from participation in, be denied the benefits of, or be subjected todiscrimination under any program or activity receiving federal financial assistance.”Individuals who believe they have been excluded from participation in, denied thebenefits of, or been subjected to discrimination under a federally funded program mayfile an official Title VI complaint with the City. A complaint must be filed within 180 days after the date of the alleged discrimination.You may complete this form(attach additionalpages, if necessary) and submit it to the Title VI Coordinator using one of the contactmethods that appear at the end of this form. The use of this complaint form is notmandatory. You may submit your written complaint using any method that includes yoursignature and the required information. Any person requiring reasonableaccommodationmay contact the Title VI Coordinator to obtain assistance in filing a complaint. The Title VI Complaint Procedures and Complaint Form can be obtained on the City’sTitle VI web pageat: www.tustinca.org/titleVI. Title VI grievances will be reviewed by the City of Tustin's Title VI Coordinator, and a written acknowledgment of receipt will be sent to the complainant within 10business days. The City will complete its investigation and issue a written determination within 60 calendar days of receipt of the complaint Complaints may be mailed to the City of Tustinat: City of Tustin Title VI Coordinator 300 Centennial Way Tustin, CA 92780 Complaints may also be filed in person at City Hall at: 300 Centennial Way Tustin, CA 92780 Should the grievant wish to appeal the resolution, appeals may be filed with theCaltrans Office of Civil Rights, FederalHighway Administration or the Federal Transit Administration. For roadway projectsreceiving federal funding only, the complaint may besubmitted to the FederalHighway Administration or Federal Transit Administration: Caltrans Office of Civil Rights 1120 N Street, MS-49 Sacramento, CA 95814 (916) 324-1700 300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org CITY OF TUSTIN Email: DOT.CivilRights@dot.ca.gov Website: https://dot.ca.gov/programs/civil-rights Federal Highway Administration, Office of Civil Rights 1200 New Jersey Ave., SE 8th Floor E81-105 Washington, DC 20590 Website: https://www.transportation.gov/civil-rights Email: CivilRights.FHWA@dot.gov 202-366-0693 202-366-1599 FAX Federal Transit Administration, Office of Civil Rights 1200 New Jersey Ave., SE Washington, DC 20590 Email: (888) 446-4511 Website: https://www.transit.dot.gov/civilrights DEPARTMENT OF PUBLIC WORKS 300 Centennial Way, Tustin, CA 92780 • 714-573-3000 • tustinca.org CITY OF TUSTIN TITLE VI COMPLAINT FORM A Title VI Complaintmust be filed within 180 days of the date of the alleged discrimination.If additional space is needed to provide your information, please attach any additional sheetsneeded, identifying the paragraph(s) being answered. (Pleaseprint legibly). COMPLAINANT INFORMATION NAME PHONE MAILING ADDRESSALTERNATE PHONE CITY STATEZIP EMAIL ADDRESS If a legally authorized representative is filing the complainton your behalf, provide the following information: REPRESENTATIVE NAMEPHONE MAILING ADDRESSALTERNATE PHONE CITY STATEZIP EMAIL ADDRESS If yourcomplaintis being filed on behalf of another person or a group of people, all of the complainantsshould be described or identified by name, if possible. PARTY DESCRIPTION/NAME(S) INCIDENTINFORMATION DATE OF INCIDENTTIMELOCATION ________AMPM Basis of Alleged Discrimination (check all that apply): RACE OR COLOR AGE DISABILITY NATIONAL ORIGIN SEX OTHER: Page 1 of 2 CITY OF TUSTIN TITLE VI COMPLAINT FORM DESCRIPTION OF ALLEGED DISCRIMINATION Please describe what happened and how you believe discrimination occurred. Attach additional pages if necessary. What type of corrective action would you like to see taken?(optional) AS THERE A CODE OF CONDUCT VIOLATION? YES NO UNKNOWN PROVIDE WITNESS NAME(S) AND CONTACT INFORMATION, IF ANY Witness Name Witness Phone 1. 2. 3. IF THE INCIDENT INVOLVED CITY OF TUSTIN EMPLOYEE(S), PLEASE INCLUDE HIS/HER NAME(S): POLICE REPORT# OFFICER CONTACT PHONE FIRE REPORT#FIREFIGHTER CONTACT PHONE COMPLAINANT SIGNATURE DATE AUTHORIZED REPRESENTATIVE SIGNATURE DATE ON BEHALF OF COMPLAINANT Page 2 of 2 32 Appendix B: Title VI Complaint Log City of Tustin Title VI Implementation Plan CITY OF TUSTIN Title VI Discrimination Complaint Log Name of respondent Basis of complaint Date of Written Date forwarded to Date the complaint was Date of alleged Name of the (person(s)/business/agency (protected class: race, Nature of the complaint:Acknowledgment to Caltrans/Federal Highway filed:discriminatory act(s):complainant: who the complaint is against):color, and national origin):ComplainantAdministration (FHWA): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 33 Appendix C: Title VI Assurances A-E City of Tustin Title VI Implementation Plan A 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 (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 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 will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability. 4.Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1.withholding payments to the contractor under the contract until the contractor complies; and/or 2.cancelling, terminating, or suspending a contract, in whole or in part. 6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. A B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the California Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation 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 2000d-4), does hereby remise, release, quitclaim and convey unto the California Department of Transportation all the right, title and interest of the U.S. 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 California Department of Transportation 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 will be binding on the California Department of Transportation, its successors and assigns. The California Department of Transportation, 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 will 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 hereby conveyed \[,\] \[and\]* (2) that the California Department of Transportation will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended\[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction\].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) A C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(a): A.The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, 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: 1.In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B.With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, the California Department of Transportation will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C.With respect to a deed, in the event of breach of any of the above Non- discrimination covenants, the California Department of Transportation will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) A D CLAUSES FOR CONSTRUCTION/USE.ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(b): A.The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, 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 (1) no person on the ground of race, color, or national origin, will be excluded from participation in, 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 furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B.With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the California Department of Transportation will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C.With respect to deeds, in the event of breach of any of the above Non- discrimination covenants, the California Department of Transportation will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) A E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).