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SIGN DEPARTMENT OF TRANSPORTATION
TITLE VI ASSURANCE - WELD COUNTY
MUNICIPAL AIRPORT ADAP PROJECT #7-08-0028-01 :
BE IT RESOLVED, by the Board of County Commissioners of
Weld County, Colorado, that they hereby sign with the City of Greeley
the Standard Department of Transportation, Title VI Assurance ADAP
Project No 7-08-0028-01 , (Weld County Municipal Airport) - Reference
LHR 833 - Range 65, Township 5 North, Section 3, portion.
The above and foregoing resolution was, on motion duly
made and seconded, adopted by the following vote.AYES:�RI�ete.4-- "n/1�l'/
THEa(CCI4OARD COMMIS ERS
WELD COUN Y, COLORADO
DATED: OCTOBER 10.1973
LHR 833
730845
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STANDARD DEPARTMENT OF TRANSPORTATION
TITLE VI ASSURANCES
The City of Greeley and Weld County, Colorado (hereinafter
referred to as the "sponsor") HEREBY AGREES THAT as a condition
to receiving any Federal financial assistance from the Department o£
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 o£ Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation--
Effectuation o£ Title VI of the Civil Rights Act o£ 1964 (hereinafter
referred to as the "Regulations") and other pertinent directives, to
the end that in accordance with the Act, Regulations and other pertinent
directives, no person in the United States shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the sponsor receives Federal financial
assistance from the Department of Transportation including the Federal
Aviation Administration, 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) o£ the Regulations.
More specifically and without limiting the above general assurance, the
sponsor hereby gives the following specific assurances with respect to
ADAP Project No. 7-08-0028-01
1. That the sponsor agrees that each "program" and each "facility"
as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will
be (with regard to a "program") conducted, or will be (with regard to a
"facility") operated in compliance with all requirements imposed by or
pursuant to the Regulations.
2. That the sponsor shall insert the following notification in all
solicitations for bids for work or material subject to the Regulations
and made in connection with ADAP Project No. 7-08-0028-01 and, in
adapted form in all proposals for negotiated agreements:
The (Name of Sponsor), 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
o£ Transportation, Subtitle A, Office o£ the Secretary, Part 21,
Nondiscrimination in Federally-assisted programs of the
Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure that in
any contract entered into pursuant to this advertisement,
1 Nov 72
Page 1
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 o£ race, color, or national origin in
consideration for an award.
3. That the sponsor shall insert the clauses o£ Attachment 1
of this assurance in every contract subject to the Act and the
Regulations.
4. That where the sponsor receives Federal financial assistance
to construct a facility, or part of a facility, the assurance shall
extend to the entire facility and facilities operated in connection therewith.
5. That where the sponsor receives Federal financial assistance in
the form, or for the acquisition o£ real property or an interest in real
property, the assurance shall extend to rights to space on, over, or under
such property.
6. That the sponsor shall include the appropriate clauses set forth
in Attachment 2 0£ this assurance, as a covenant running with the land, in
any future deeds, 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 under the Airport
Development Aid Program of the Federal Aviation Administration, and (b)
for the construction or use of or access to space on, over, or under
real property acquired, or improved under the said Airport Development
Aid Program.
7. That 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 the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits, or
(b) the period during which the sponsor retains ownership or possession
of the property.
8. The sponsor shall provide for such methods of administration
for the program as are found by the Secretary of Transportation or the
official to whom he delegates specific authority to give reasonable
guarantee that it, other sponsors, subgrantees, contractors, sub-
contractors, transferees, successors in interest, and other participants
o£ Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the Act, the Regulations, and this
assurance.
1 Nov 72 Page 2
•
9. The sponsor 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 o£ 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 sponsor by the Department of Transportation under
the Airport Development Aid Program of the Federal Aviation Administration
and is binding on it, contractors, subcontractors, transferees, successors
in interest and other participants in the ADAP Project No. 7-08-0028-01
The person or persons whose signatures appear below are authorized to
sign this assurance on behalf of the sponsor.
DATE / 6' — 7 — 73
CITY OF GREELEY
•
Attachments 1 and 2
City' Clerkc)
WELD COUNTY, COLORADO
� 'tat- As-A.Aa
Cit ttorney Co issioner
y torney Commissioner Harry S. Ashley (absent)
DATED: OCTOBER 10, 1973
1 Nov 72 Co i siono Page 3
ATTACHMENT 1
During the performance o£ 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 o£ this contract.
2. Nondiscrimination. The contractor, with regard to the work
performed by it during the contract, shall not discriminate on the
grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The contractor shall not participate either
directly or indirectly in the discrimination prohibited by section
21.5 0£ 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 negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials or leases o£
equipment, each potential subcontractor or supplier shall be notified
by the contractor o£ the contractor's obligations under this contract
and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
4• Information and Reports. The contractor shall provide all
information and reports required by the Regulations or directives
issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources o£ information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration to be
pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this
information the contractor shall so certify to the sponsor or the
Federal Aviation Administration as appropriate, and shall set forth
what efforts it has made to obtain the information.
1 Nov 72 Page 4
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 Federal
Aviation Administration may determine to be appropriate, including, but
not limited to--
a. withholding o£ payments to the contractor under the contract
until the contractor complies, and/or
b. cancellation, termination, or suspension o£ the contract,
in whole or in part.
6. Incorporation o£ Provisions. The contractor Shall include the
provisions of paragraphs 1 through 5 in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall
take such action with respect to any subcontract or procurement as the
sponsor or the Federal Aviation Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Provided,
however, that, in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of
such direction, the contractor may request the sponsor to enter into such
litigation to protect the interests of the sponsor and, in addition, the
contractor may request the United States to enter into such litigation to
protect the interests of the United States.
1 Nov 72 page 5
ATTACHMENT 2
The following clauses shall be included in all deeds, licenses,
leases, permits, or similar instruments entered into by the
(Name o£ Sponsor) pursuant to the provisions of Assurance 6(a).
The (grantee, licensee, lessee, permittee, 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 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 anotber 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
o£ Federal Regulations, Department o£ Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally-
assisted programs of the Department o£ Transportation-Effectuation o£
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, (Name of Sponsor) 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 i£ 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, (Name o£ Sponsor) 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 (Name of Sponsor) and its assigns.
The following shall be included in all deeds, licenses, leases, permits,
or similar agreements entered into by (Name o£ Sponsor) pursuant to the
provisions of Assurance 6(b).
1 Nov 72 Page 6
The (grantee, licensee, lessee, permittee, etc. , as appropriate)
for himself, his personal representatives, successors in interest, and
assigns, as a part o£ 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 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 furnishing of services thereon,
no person on the grounds o£ 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 Title 49, Code o£
Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally-assisted
programs o£ 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 o£ any of the above nondiscrimination
covenants, (Name o£ Sponsor) 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 o£ breach of any o£ the above nondiscrimination
covenants, (Name o£ Sponsor) 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 (Name o£ sponsor) 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
purposes of Title VI of the Civil Rights Act of 1964.
1 Nov 72 Page 7
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