STANDARD DOT TITLE VI ASSURANCES
The County of Kerr (hereinafter referred to as the
Sponsor) hereby agrees that as a condition to receiving Federal financial
assistance from the Department of Transportation (DOT), it will comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et se .) and all
requirements imposed by 49 CFR 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") to the
end that no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for
which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement.
Without limiting the above general assurance, the Sponsor agrees concerning
Project No. 3-48-0121-02 (hereinafter referred to as the Project) that:
1. Each "program" and "facility" (as defined in Sections 21.23(e) and
21.23 (b) will be conducted or operated in compliance with all requirements of
the Regulations.
2. It will insert the following notification in all solicitations for bids
issued in connection with the Project and in adapted form in all proposals for
negotiated agreements:
The County of Kerr , in accordance with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, hereby notifies all bidders that it will
affirmatively assure that minority business enterprises are afforded
full opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or national
origin in consideration for an awazd.
3. it will insert the clauses of Attachment 1 of this assurance in every
contract subject to the Act and the Regulations.
4. Where Federal financial assistance is received to construct a facility,
or part of a facility, the assurance shall extend to the entire facility and
facilities operated in connection therewith.
5. Where Federal financial assistance is in the form or for the acquisition
of real property or an interest in real property, the assurance shall extend to
rights to space on, over, or under such property.
6. It will include the appropriate clauses set forth in Attachment 2
of this assurance, as a covenant running with the land, in any future deeds,
Page 1
leases, permits, licenses, and similar agreements entered into by the Sponsor
with other parties: (a) for the subsequent transfer of real property acquired
or improved with Federal financial assistance under this Project and (b) for
the construction or use of or access to apace on, over, or under real property
acquired or improved with Federal financial assistance under this Project.
7. This assurance obligates the Sponsor for the period during which
Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements
thereon, in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is
extended, or for another purpose Involving the provision of similar services
or benefits or (b) the period doting which the Sponsor retains ownership or
possession of the property.
8. It will provide for such methods of administration for the program
as are found by the Secretary of Transportation or the official to whom he
delegates specific authority to give reasonable guarantee that it, other
sponsors, subgranteea, contractors, subcontractors, transferees, successors
in interest, and other participants of Federal financial assistance under
such program will canply with all requirements imposed or pursuant to the
Act, the Regulations, and this assurance.
9. It agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the Regulations,
and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
Federal financial assistance for this Project and is binding on its contractors,
the sponsor, subcontractors, transferees, successors in interest and other
participants in the Project. The person oz persons whose signatures appear
below are authorized to sign this assurance on behalf of the Sponsor.
DATED ~J- /;~ - ~ ~
Attachments 1 and 2
Page 2
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACFA1E NT 1 TO STANDARD DOT TITLE VI ASSURANCE
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (here inafter 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 ref ere nee and made a
part of this contract.
2. Nondiscrimination. The contractor, wlth regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including 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. Solicitations for Subcontracts Including Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotation 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 Dy the contractor of the contractor's obliga-
tions under thls contract and the Regulations relative to nondiscrimination on the grounds of race,
color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
sponsor or the Federal Aviation Administration (FAA) 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 sponsor or the FAA, as appropriate, and shall set forth what efforts it has
made to obtain the informatic n.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as
it or the FAA 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 Sn part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurements of materials and leases of equlpment, unless
exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such
action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, however, that
in the event a contractor becomes involved in, or is threatened with, litigation with a sub-
contractor or supplier as a result of such direction, the contractor may request the sponsor to
enter into such litigation to protect the interests of the sponsor and, in addition, Che contractor
may request the United States to enter into such litigation to protect the interests of the United
States.
(11-82)
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2 to STANDARD DOT TITLE VI ASSURANCES
The following clauses shall be included in deeds, licensee, leases, permits,
or similar instruments entered into by the County of Kerr. Tex ac
pursuant to the provisions of Assurances 6 (a) and 6 (b).
1. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his 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 end 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 DOT program or activity is extended or for
another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services in canpliance
with all other requirements imposed pursuant to 49 .CFA Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his 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 grounds
of race, color, or national origin shall be excluded from par-
ticipation 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 furnishing of services thereon, no person on the grounds
of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee,
lessee, permitee, etc.) shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may
be amended.
~ ai ~~
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(11-82)
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STANDARD DOT TITLE VI
ASSURAICE 5
RE: AIRPORT
STANDARD DOT TITLE VI
ASSURANCE 5
PROJECT 3-q8-X121-02
Filed 9-18-1985
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