Document Minden_doc_4180f41ef2

The Town of Minden 1604 Esmeralda Ave, Ste 101 Minden, NV 89423 Phone (775) 782-5976 Title VI Program Minden, NV ---PAGE BREAK--- Contents The Town of Minden Title VI Policy and Complaint Procedures Title VI Program Plan I. Title VI Objectives & Policy II. Organization & III. Program Area IV. Special Emphasis Program V. Contractor, Consultant, and Vendor VI. Data VII. VIII. Complaint Procedures (English & IX. Title VI Complaint Forms (English & X. Dissemination of Title VI XI. Limited English XII. Environmental XIII. Public XIV. Notice of XV. Review of XVI. Compliance & Enforcement Exhibits A ‐ Annual Title VI Certification and Assurances & Appendix A thru E B – Organizational Chart C – Informational Sign‐in Sheet D – Language Assistance Plan E – Notice of Rights (English and Spanish) Town of Minden Title VI Plan 1 ---PAGE BREAK--- Title VI Plan for NDOT FHWA Subrecipient Town of Minden, Douglas County, Nevada 2020 Prepared by: Rachel Hamer, Administrative Services Manager/Title VI Coordinator Town of Minden Title VI Plan 2 ---PAGE BREAK--- The Town of Minden – Title VI Program Plan Founded in 1905, H.F. Dangberg developed and planned the community of Minden. The Town of Minden is the county seat for Douglas County, Nevada with approximately 3,185 residents. The Town of Minden provides many services to its residents and businesses including but not limited to; parks, trash service, streets, trail maintenance, drainage, streetlights, snow removal, facility rentals, events, a regional provider of water, as well as, general maintenance. The Town is committed to following the objectives to Minden’s Title VI Plan. The objectives of the Town of Minden’s Title VI Plan are:  To ensure that all persons, regardless of race, color, or national origin receive the benefits of Town programs, services and activities.  To ensure the Town of Minden complies with Title VI and to assign responsibilities for ensuring compliance.  To promote full and fair participatory decision‐making.  To ensure that limited English proficient (LEP) individuals are provided meaningful access to Town programs, services and activities.  To establish clear procedures for filing, investigating, and successfully resolving complaints on a timely basis. Town of Minden Title VI Plan 3 ---PAGE BREAK--- Town of Minden Title VI Plan 4 ---PAGE BREAK--- II. Organization, Staffing, and Structure The Minden Town Manager is ultimately responsible for assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes and has directed that non-discrimination is required of all agency employees, contractors, and agents pursuant to 23 CFR Part 200 and 49 CFR Part 21. The Town Board sets policy for the Town and the Town Manager is charged with implementation. Per the 2015 adopted norms and procedures, the Town Manager acts as signing authority for Town business and contracts. The Title VI Coordinator is responsible for the overall Title VI Plan implementation. The Title VI Coordinator is appointed by the Minden Town Manager and reports directly to the Town Manager. Staff in other program areas may assist the Coordinator with program implementation and resolution of Title VI issues. The Town Manager has appointed the Administrative Services Manager as the Title VI Coordinator. The Title VI Coordinator will also serve as the Limited English Proficiency Coordinator for the Town of Minden. The Town Engineering Technician will work with the Title VI Coordinator and the Town Manger to ensure that all applicable and vital Title VI documents are included in bid and contract documents. The Engineering Technician will also ensure that bidding and advertising procedures are aligned and in compliance with Title VI. The Town Engineering Technician is also responsible for tracking ADA compliance for Town Properties. The Title VI Coordinator is responsible for: ● Submitting a Title VI plan and annual reports on the agency’s behalf; ● Developing procedures for the prompt processing and disposition of complaints; ● Investigating complaints, compiling a complaint log, and reporting to NDOT. ● Developing procedures for the collection and analysis of statistical data. ● Developing a program to conduct Title VI reviews of program areas; ● Conducting annual Title VI assessments of pertinent program areas; ● Developing Title VI information for public dissemination, where appropriate, in languages other than English; ● Establishing procedures for resolving deficiency status and reducing to writing the remedial action agreed to be necessary. See Exhibit B for Organizational Structure Town of Minden Title VI Plan 5 ---PAGE BREAK--- III. Primary Program Area Descriptions & Review Procedures The Town of Minden engages in the following program areas: Program Area General Description Title VI/Non- Discrimination Concerns and Responsibilities Review Procedures for Ensuring Non-Discrimination Public Works Public Works maintains and provides services to the Town. Project management, inspections and project designs are functions of this department. Public Works maintains the ADA requirements and is highly involved in the design, bidding and construction phases for projects. Public Works will ensure that all applicable contract documents are included and submitted. Each year the Town Engineer and the public works department ensure that sidewalks and curb/gutter are ADA updated as needed to coincide with the Town’s street rehabilitation program. The Town Engineering Technician and Engineer will insure that all applicable Title VI requirements are fulfilled in the design and bidding process and award. Administration Administration of Town Functions including but not limited to; accounts payable, records retention, website management, citizen complaints, liaison with Town Board and other governmental agencies. Administrative Staff also facilitates and organizes trainings for Town Staff. Administration will oversee the handling of communication and public outreach for projects. All Title VI complaints or questions will be submitted to this department first. Town Administration will review the Title VI policy each year and make amendments as needed as well as submitting the assurances each year. The Administrative Department will also insure that all employees are in compliance with Title VI training. The Administrative Services Manager will be the contact person with any complaints that may come in regarding violations of Title VI and will work with the State to ensure that all complaints are forwarded to the State. Town of Minden Title VI Plan 6 ---PAGE BREAK--- IV. Special Emphasis Program Areas The Town of Minden affirms that all Special Emphasis Program Areas are designated by the Federal Highway Administration or the Federal Transit Administration. V. Contractor, Consultant, and Vendor Reviews The Town of Minden Public Works Department will ensure that non-discrimination documentation will be included in contract and/or agreement documents for contractors, vendors and consultants. VI. Data Collection The Town of Minden collects the following data: Program Area Type of Data Collected & Process for Collecting Intended Outcome of Data Analysis (i.e. Title VI Purpose for Collecting the Data) Public Meetings and Workshops At each Town Board Meeting, a sign-in sheet will be placed at the same table as the agendas. The sign-in sheet will ask for name, physical address, and contact information. When a workshop is in session, all participants will be asked to please sign in. The Town may also elect to send out Agendas to areas of Town that may be impacted by the project. In the event of a large project which may impact a neighborhood or a larger area of Town, the Town may send out a survey to the area of Town which is to be impacted. The survey will include a section for name, physical address, contract information, race, color, national origin and all applicable questions relating to the project. The same survey would also be made available to everyone attending any meetings associated with the project. All attendance sheets will be maintained per the Nevada Records Retention Schedule. All survey results will be tabulated and compiled as information to present to the Minden Town Board at the next regular Board meeting. These same records would also remain with the project file. If the Town of Minden was to purchase property, the Town of Minden would follow the federal guidelines of collecting statistical data on any relocates and appraisers. In the instance where this may occur, the Town will collect data on beneficiaries and affected parties if and when there are public open meetings regarding the project. For the information sheet see Exhibit C. Town of Minden Title VI Plan 7 ---PAGE BREAK--- VII. Training The Town of Minden is committed to ensuring compliance with training annually. Each employee for the Town of Minden will complete an online training. The Title VI Coordinator will ensure that an online training platform is available and that each employee is in compliance. VIII. Title VI Complaint Procedures The Town of Minden will ensure that all complaints received by individuals are properly routed to the appropriate agency. Investigation of these complaints will not be done by the Town, but by either NDOT or the Federal Highway Administration. Discrimination Complaint Procedure for the Town of Minden Federal law prohibits discrimination on the basis of race, color, or national origin in any Town of Minden program or activity. This prohibition applies to all branches of the Town of Minden, its contractors, consultants, and anyone else who acts on behalf of the Town of Minden. Federal law requires that the Town of Minden investigate, track, and report discrimination complaints. Complaints must be filed in writing and will be investigated within sixty (60) days of submission. If you need assistance to file your complaint or need interpretation services, please contact the Town’s Administrative Services Manager. Who is eligible to file a complaint? Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any Town of Minden program or activity because of their race, color, or national origin may file a complaint. Discrimination includes lack of access, harassment, retaliation and disparate impacts from a program or activity. Harassment includes a wide range of abusive and humiliating verbal or physical behaviors. Retaliation includes intimidating, threatening, coercing, or engaging in other discriminatory conduct against anyone because they filed a complaint or otherwise participated in a discrimination investigation. How do you file a complaint? Complaint information and forms are available online at http://www.townofminden.com/2221/Town-of-Minden-Title-VI-Policy Complaints must be filed in writing within 180 days from the last date of the alleged discrimination. However, contact the Town of Minden Administrative Services Manager if you believe your complaint may fall outside this deadline. Town of Minden Title VI Plan 8 ---PAGE BREAK--- Reasonable efforts will be made to assist persons with disabilities, non-English speakers, and others unable to file a written complaint. For assistance in filing a complaint, please contact Rachel Hamer, the Town of Minden Administrative Services Manager. Complaints may be submitted via mail, email, fax or in person to: The Town of Minden c/o Rachel Hamer 1604 Esmeralda Ave, suite 101 Minden, NV 89423 Phone: (775) 782-5976 Fax: (775) 782-5287 Office email: [EMAIL REDACTED] Complaints may also be filed directly with the following agencies: Civil Rights Officer Nevada Department of Transportation 3014 W. Charleston Blvd., Ste. 150 Las Vegas, NV 89102 Phone: (702) 730-3301 Fax: (702) 486-0487 [EMAIL REDACTED] US Department of Transportation, Federal Highway Administration, Nevada Division 705 N. Plaza Street #220, Ste. 220, Carson City, NV 89701 Phone: (775) 687-1204 Fax: (775) 687-3803 Office email: [EMAIL REDACTED] What happens after a complaint is filed? Title VI complaints must be investigated within sixty (60) days. If the complaint is received by the Town of Minden, the Administrative Services Manager will forward the complaint to Nevada Department of Transportation or the Federal Highway Administration. If your complaint is forwarded to one of these agencies, you will be provided the name and contact information of the employee handling your complaint. Investigating a complaint includes interviewing all parties involved and key witnesses. The investigator may also request relevant information such as books, records, electronic information, and other sources of information from all involved parties. You may specify if there Town of Minden Title VI Plan 9 ---PAGE BREAK--- is a particular individual or individuals that you feel should not investigate your complaint due to conflict of interest or other reasons. Federal law prohibits retaliation against individuals because they have filed a discrimination complaint or otherwise participated in a discrimination investigation. Any alleged retaliation should be reported in writing to the investigator. Town of Minden Title VI Plan 10 ---PAGE BREAK--- VIII. Procedimientos de queja del Título VI La Ciudad de Minden se asegurará de que todas las quejas recibidas por los individuos se envíen correctamente a la agencia correspondiente. La investigación de estas quejas no será realizada por la Ciudad, sino por NDOT o la Administración Federal de Carreteras. Procedimiento de queja por discriminación para la Ciudad de Minden La ley federal prohíbe la discriminación por motivos de raza, color, origen nacional en cualquier programa o actividad de Ciudad de Minden. Esta prohibición se aplica a todas las sucursales de la Ciudad de Minden, sus contratistas, o consultores y cualquier otra persona que actúe en nombre de la Ciudad de Minden. La ley federal requiere que la Ciudad de Minden investigue, rastree y reporte quejas de discriminación. Las quejas deben presentarse por escrito y se investigarán dentro de los sesenta (60) días posteriores a la presentación. Si necesita ayuda para presentar su queja o necesita servicios de interpretación, por favor contacte el Gerente de Servicios Administrativos de las Ciudades. ¿Quién es elegible para presentar una queja? Cualquier persona que crea que ha sido excluido de participar, que se le negaron los beneficios o que de alguna otra manera fue objeto de discriminación en virtud de cualquier programa o actividad de Ciudad de Minden debido a su raza, color, o origen nacional puede presentar una queja. La discriminación incluye falta de acceso, acoso, represalias e impactos dispares de un programa o actividad. El acoso incluye una amplia gama de comportamientos verbales o físicos abusivos y humillantes. Las represalias incluyen intimidar, amenazar, coaccionar o participar en otra conducta discriminatoria contra alguien porque presentaron una queja o participaron en una investigación de discriminación. ¿Cómo presentar una queja? Las quejas deben presentarse por escrito dentro de los 180 días a partir de la última fecha de la supuesta discriminación. Sin embargo, comuníquese con el Gerente de Servicios Administrativos de la Ciudad de Minden si cree que su queja puede estar fuera de este plazo. Se harán esfuerzos razonables para ayudar a las personas con discapacidades, personas que no hablan inglés y otras personas que no puedan presentar una queja por escrito. Para obtener ayuda para presentar una queja, comuníquese con el Gerente de Servicios Administrativos de la Ciudad de Minden. Las quejas pueden enviarse por correo, correo electrónico, fax o en persona a: Town of Minden Title VI Plan 11 ---PAGE BREAK--- The Town of Minden c/o Rachel Hamer 1604 Esmeralda Ave, suite 101 Minden, NV 89423 Teléfono: (775) 782-5976 Fax: (775) 782-5287 Correo electrónico de la oficina: [EMAIL REDACTED] Las quejas también pueden presentarse directamente ante las siguientes agencias: Oficial de derechos civiles Departamento de transporte de Nevada 3014 W. Charleston Blvd., Ste. 150 Las Vegas NV 89102 Teléfono: (702) 730-3301 Fax: (702) 486-0487 fax [EMAIL REDACTED] Departamento de Transporte de los Estados Unidos, Administración Federal de Carreteras, División de Nevada 705 N. Plaza Street # 220, Ste. 220, Carson City, NV 89701 Teléfono: (775) 687-1204 Fax: (775) 687-3803 Correo electrónico de la oficina: [EMAIL REDACTED] ¿Qué sucede después de que se presenta una queja? Las quejas del Título VI deben investigarse dentro de sesenta (60) días. Si la Ciudad de Minden recibe la queja, el Gerente de Servicios Administrativos la enviará al Departamento de Transporte de Nevada o la Administración Federal de Carreteras. Si su queja se envía a una de estas agencias, se le proporcionará el nombre y la información de contacto del empleado que maneja su queja. Investigar una queja incluye entrevistar a todas las partes involucradas y testigos clave. El investigador también puede solicitar información relevante como libros, registros, información electrónica y otras fuentes de información de todas las partes involucradas. Puede especificar si hay una persona o personas en particular que considera que no deberían investigar su queja debido a un conflicto de intereses u otras razones. Town of Minden Title VI Plan 12 ---PAGE BREAK--- La ley federal prohíbe las represalias contra las personas porque han presentado una queja de discriminación o de otra manera participaron en una investigación de discriminación. Cualquier presunta represalia se debe informar por escrito al investigador. Town of Minden Title VI Plan 13 ---PAGE BREAK--- IX. Title VI Complaint Form Please complete this form to the best of your ability. If you need translation or other assistance, contact Rachel Hamer, Administrative Services Manager, Town of Minden. State______ Phone: Email: Basis of Complaint (circle all that apply): Race Color National Origin Who discriminated against you? Name of State______ How were you discriminated against? (Attach additional pages if more space is needed) Where did the discrimination occur? Town of Minden Title VI Plan 14 ---PAGE BREAK--- Dates and times discrimination occurred? Were there any other witnesses to the discrimination? Name Organization/Title Work Telephone Home Telephone How would you like to see this situation resolved? Have you filed your complaint, grievance, or lawsuit with any other agency or court? Who When Status (pending, resolved, etc.) Result, if known Complaint number, if known Do you have an attorney in this matter? Town of Minden Title VI Plan 15 ---PAGE BREAK--- IX. Formulario de queja del Título VI Complete este formulario lo mejor que pueda. Si necesita traducción u otra asistencia, contacte Rachel Hamer, Administrative Services Manager, Town of Minden. Nombre: Dirección: Estado______Cierre Teléfono Casa: Móvil: Email: Base de la queja (marque todos los que correspondan): de raza color origen nacional ¿Quién te discriminó? Nombre de la organización: Dirección: Estado______Cierre Teléfono: ¿Cómo fuiste discriminado? (Adjunte páginas adicionales si necesita más espacio) ¿Dónde ocurrió la discriminación? Town of Minden Title VI Plan 16 ---PAGE BREAK--- ¿Fechas y horas en que ocurrió la discriminación? ¿Hubo otros testigos de la discriminación? Nombre Organización / Título Teléfono de trabajo Teléfono de casa ¿Cómo le gustaría ver resuelta esta situación? ¿Ha presentado su queja, reclamo o demanda ante alguna otra agencia o tribunal? Quien Estado (pendiente, resuelto, etc.) Resultado, si se conoce Número de queja, si se conoce ¿Tienes un abogado en este asunto? Cierre Firmado Fecha Town of Minden Title VI Plan 17 ---PAGE BREAK--- X. Dissemination of Title VI Information The Town of Minden is committed to ensuring free and open competition in advertising policies and practices. Title VI notices and documentation will be included in bidding documents for projects. Additionally, the Town of Minden has dedicated a website page to the dissemination of Title VI documentation and information. Notices, Assurances and Complaint Procedures and forms are available at: http://www.townofminden.com/2221/Town-of-Minden-Title-VI-Policy. XI. Limited English Proficiency (LEP) and Language Assistance Plan Introduction Most individuals in the United States read, write, speak and understand English. However, there are many individuals whose primary language is not English. Individuals who do not speak English as their primary language and who have a limited ability to read, speak, or understand English may be Limited English Proficient, or “LEP”. This language barrier may prevent individuals from accessing services and benefits. The Town of Minden utilizes the Language Assistance Plan (LAP) for persons who do not speak English or do not speak English well. The establishment and operation of an LEP program must meet the objectives set forth in Title VI of the Civil Rights Act and Executive Order 13116, Improving Access to Services for Persons with Limited English Proficiency (LEP). This Executive Order requires federal agencies receiving financial assistance to address the needs of non-English speaking persons. The Executive Order also establishes compliance standards to ensure that the programs and activities that are provided by a transportation provider in English are accessible to LEP communities. This includes providing meaningful access to individuals who are limited in their use of English. As required, The Town of Minden developed a written LEP Plan (below). Using Census.Gov data, the Town of Minden has evaluated data to determine the extent of need for translation services of its vital documents and materials. Assessment of Needs and Resources The need and resources for LEP language assistance were determined through a four factor analysis as recommended by USDOT Modal guidance. Factor 1: Assessment of the number and proportion of LEP persons likely to be served or encountered in the eligible service population. The Town of Minden has reviewed census data on the number of individuals in its service area that have limited English Proficiency, as well as the languages they speak. Town of Minden Title VI Plan 18 ---PAGE BREAK--- U.S. Census Data- American Community Survey (2013-2018) Data from the U.S. Census Bureau’s American Community Survey (ACS) were obtained through www.census.gov for the Town of Minden’s service area. LANGUAGE SPOKEN AT HOME Estimate Percentage Population 5 years and over 3,211 English only 2,880 89% Language other than English 331 10% Speak English less than "very well" 171 5% Spanish 310 9% Speak English less than "very well" 170 5% Other Indo-European languages 14 Speak English less than "very well" 1 Asian and Pacific Islander languages 7 Speak English less than "very well" 0 0% Other languages 0 0% Speak English less than "very well" 0 0% The Town of Minden has a relatively small LEP population. Based on Census Data, approximately 5% of the population speak English less than very well. Factor 2: Assessment of frequency LEP individuals come into contact with the program or services. The Town of Minden reviewed the relevant benefits, services, and information provided by the agency and determined the extent to which LEP persons have encountered these functions through the following channels:  Contact with the Town of Minden office personnel and,  Language Spoken at Home Survey provided by the U.S. Census – American Community Survey We will continue to identify emerging populations as updated Census and American Community Survey data become available for our service area. In addition, when LEP persons contact our agency, we attempt to identify their language and keep records on contacts to accurately assess the frequency of contact. Factor 3: Assessment of the nature and importance of the program and services to the LEP population. The Town of Minden provides bi-lingual assistance for information requests. At a minimum, the following vital documents will be translated to Spanish Town of Minden Title VI Plan 19 ---PAGE BREAK---  Title VI Public Notice  Title VI Procedures  Title VI Complaint Form Staff will also track and log an inventory of requests for language assistance to further track emerging populations. Factor 4: Assessment of the resources available to the agency and costs. The following language assistance measures are currently being provided by the Town of Minden  Spanish bi-lingual staff is available to translate for (Services). If any site does not have someone available, the call is transferred to another office that can assist. We anticipate that these activities and costs may increase as follows:  The current cost may vary annually with the (printing, training, etc.) At this time, the costs are minimal. Resources Based off of available resources, the following language assistance measures are feasible and appropriate for our agency at this time:  The preferred languages are English and Spanish Please see Exhibit D for the Town of Minden’s Language Assistance Plan. XII. Environmental Justice (EJ) The Town of Minden is committed to providing compliance with the principles of Environmental Justice. These principles include:  To avoid, minimize, or mitigate disproportionately high and adverse human health or environmental effects, including social and economic effects, on minority populations and low-income populations.  To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process.  To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority populations and low-income populations. For more information, please refer to the Federal Highway Administration’s overview on Environmental Justice. Town of Minden Title VI Plan 20 ---PAGE BREAK--- XIII. Public Participation The Town of Minden approaches community outreach in several ways. The Town Board meetings are all publicly noticed in various areas of Town each month as well as posted on the Towns website. The Agendas are also emailed and mailed to any citizen who would like one. In the instance of a larger project, the Town may elect to send out Agendas to residents and businesses that may be impacted by a larger project. For larger projects in which the Town is seeking feedback and guidance, advertisements are posted in the local newspaper. Most often projects of that nature also include a workshop in which the public and the Town Board can attend. These workshops are publicly noticed and letters sent out to all residents and businesses that may be impacted by the project. When the project may effect LEP persons, documentation and notices will be provided in English and Spanish when possible. Town Administration will coordinate with bi-lingual staff for availability for translation services when possible. Other ways that the Town communicates with the citizens are by way of the website, email blasts and/or social media such as Facebook and Twitter. The most consistent and reliable way to communicate with the residents and businesses in Minden is by way of a notice/newsletter in the billing for trash and water services. The last way the Town reaches out to residents is also by door hangers with notices on properties. This is not a common practice, however if there is concern that the residents are not receiving information, this may take place. XIV. Notice of Rights Information on the Town of Minden’s Notice of rights is available on our website at: minden.civicplus.com/2221/Town-of-Minden-Title-VI-Policy in English and in Spanish. Notice of Rights is also posted on the Town of Minden’s bulletin board located at the CVIC Hall at 1602 Esmeralda Ave, Minden, NV 89423. See Exhibit E. XV. Review of Directives The Town of Minden will conduct an annual Title VI Plan review to assess the Department’s effectiveness in ensuring compliance with the Title VI Requirements. The Title VI Program review will be overseen by the Title VI Coordinator with the assistance of the Town Manager. Review will include an evaluation of procedures, operational guidelines, and assessment of resources available to ensure compliance with the Title VI Requirements. The Title VI Coordinator and the Town Manager will assess if a Town of Minden Policy is out of compliance with Title VI Requirements and will take corrective action. For formal policy changes, Town Staff will address the conflict with the Town of Minden Advisory Board to correct and modify the policy if needed. Town of Minden Title VI Plan 21 ---PAGE BREAK--- XIII. Compliance and Enforcement Procedures The Town of Minden will actively seek to prevent Title VI deficiencies or irregularities. As part of the annual review of the plan, the Title VI Coordinator and designated Staff will compile the following information for the Town Managers review:  A list of Title VI complaints received and how they were addressed.  An inventory of requests for language assistance.  An inventory of public meetings held and community outreach efforts.  Verifying that bidding and contract documents contained the appropriate Title VI language and information.  Review Title VI training compliance for all Town of Minden Staff. The Minden Town Manager will review the compiled information along with the current plan and evaluate if changes to the plan are needed and/or if policies need to be addressed. As of June 2020, the Town of Minden has not received any Title VI complaints. Town of Minden Title VI Plan 22 ---PAGE BREAK--- EXHIBITS Town of Minden Title VI Plan 23 ---PAGE BREAK--- 1 The United States Department of Transportation (USDOT) Standard Title VI/Non‐Discrimination Assurances DOT Order No. 1050.2A The Town of Minden (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration, is subject to and will comply with the following: Statutory/Regulatory 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);  49 C.F.R. Part 21 (entitled Non‐discrimination In Federally Assisted Programs Of The Department Of Transportation‐Effectuation Of Title VI Of The Civil Rights Act Of 1964);  28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will take any measures necessary to ensure 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 otherwise subjected to discrimination under any program or activity, "for which the Recipient receives Federal financial assistance from DOT, including the Federal Highway Administration. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non‐discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional‐wide scope and coverage of these non‐‐ discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Title VI Program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard Town of Minden Title VI Plan 24 EXHIBIT A ---PAGE BREAK--- 1 to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Title VI and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "Insert Agency Name Here, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. 2000d to 2000d‐4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: Town of Minden Title VI Plan 25 ---PAGE BREAK--- Town of Minden Title VI Plan 26 ---PAGE BREAK--- A APPENDIX 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, or national origin 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. 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 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, or national origin. 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 Federal Highway Administration 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 Federal Highway Administration, 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 Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. 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 Town of Minden Title VI Plan 27 ---PAGE BREAK--- A contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is 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. Town of Minden Title VI Plan 28 ---PAGE BREAK--- B APPENDIX 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 Insert Agency Name Here 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 Title VI Program, and the policies and procedures prescribed by the Federal Highway Administration 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 Insert Agency Name Here 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 Insert Agency Name Here 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 Insert Agency Name Here, its successors and assigns. Insert Agency Name Here, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that 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]* that the Insert Agency Name Here will use the lands and interests in lands and interests 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 that in the event of breach of any of the above‐mentioned non‐discrimination conditions, the Agency Name Here will have a right to enter or re‐enter said lands and facilities on said land, 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.) Town of Minden Title VI Plan 29 ---PAGE BREAK--- C APPENDIX 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 Insert Agency Name Here 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, Agency Name Here 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 Agency Name Here 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 Agency Name Here 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.) Town of Minden Title VI Plan 30 ---PAGE BREAK--- D APPENDIX 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 Agency Name Here 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 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, that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, 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 Non‐ discrimination covenants, Agency Name Here will have the right to terminate the (license, permit, 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, Agency Name Here will there upon revert to and vest in and become the absolute property of Agency Name Here 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.) Town of Minden Title VI Plan 31 ---PAGE BREAK--- E APPENDIX 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 CFR 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 USC § 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 on 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 at 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 Non‐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). Town of Minden Title VI Plan 32 ---PAGE BREAK--- May 2020 Town Board Utility Systems Technician II Accountant Senior Maintenance Supervisor Maintenance Specialist Secretary Utility Systems Technician II Maintenance Assistant I PT Maintenance Assistant I PT Town Manager Signing Authority Superintendent of Public Works Administrative Services Manager Title IV Coordinator Office Specialist Utility Systems Technician I Senior Maintenance Specialist (Lead) Engineering Tech Maintenance Specialist Town Sanitation Specialist Maintenance Specialist Town Sanitation Specialist Maintenance Specialist Town of Minden Title VI Plan 33 EXHIBIT B ---PAGE BREAK--- Title VI Public Involvement Survey Meeting Purpose Location of Meeting Date Zip Code White African American Hispanic/ Latino Asian Native American 2 or More Races Other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Completing this form is voluntary but encouraged. You are not required to provide the information requested in order to participate in this meeting. Title VI of the Civil Rights Act of 1964 required the Town of Minden to provide opportunity for everyon to comment on transporation programs and activities that may affect their community. Title VI specifically states 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 benefit of, or otherwise be subjected to discrimination under any program, service, or activitiy receiving federal financial assistance." By completing this form, you are helping the Town of Minden to comply with Title VI and related statutes, which require th ecollection of statistical data to aid in assessing the Town of Minden's outreach efforts among those who are affected or interested in this project. Please check all that apply. Check Race/Ethnic designation. EXHIBIT C Thank you for your participation. Town of Minden Title VI Plan 34 ---PAGE BREAK--- Town of Minden Language Assistance Plan (LAP) Through the four-factor analysis, the Town of Minden has determined that the following types of language assistance are most needed and feasible.  Translation of vital documents into Spanish (Title VI Public Notice, Title VI Procedures, Title VI Complaint Form).  Continue to hire bilingual staff with competency in spoken Spanish when possible.  Continue to use software assistance with translating documents as needed. Staff Access to Language Assistance Services: Town of Minden Staff who come into contact with LEP persons by telephone can access language services by transferring a call to a bi-lingual staff when available. Town of Minden Staff who receive written communication from LEP persons will be forwarded to bi-lingual Staff when available and if not, software used for translation will be used to respond to the individual via email, fax, text, or mail. Town of Minden Staff come into contact in person with LEP persons, language assistance flash cards may be used to identify the language. If available, bi-lingual staff will assist. The Town currently has bi-lingual staff members. When not available, Staff will utilize translation software. As noted previously, all Town of Minden Staff is provided with a list of available language assistance services and additional information and referral resources, updated annually. New hires may receive training on assisting LEP persons as part of their sensitivity and customer service training. This includes:  A summary of the agency’s responsibilities under the DOT LEP Guidance  A summary of the agency’s language assistance plan  A summary of the number and proportion of LEP persons in the agency’s service area, the frequency of contact between the LEP population and the agency’s programs and activities, and the importance of the programs and  A description of the type of language assistance that the agency is currently providing and instructions on how agency staff can access these products and services; and Providing Notice to LEP Persons LEP persons are notified of the availability of language assistance through the following approaches:  Following our Title VI policy statement included on our vital documents, Town of Minden Title VI Plan 35 EXHIBIT D ---PAGE BREAK---  On our website,  Staffing a table with bi-lingual Staff at meetings of interest to LEP groups when available. Monitoring/updating the plan The Town of Minden is committed to review the plan annually. Updates to the plan will be made based on feedback, updated demographic data and resource availability. As our community grows and new LEP groups emerge, the Town of Minden will strive to address the needs for additional assistance. Town of Minden Title VI Plan 36 ---PAGE BREAK--- Your Rights Against Discrimination under Title VI of the Civil Rights Act of 1964 The Town of Minden operates its programs and services without regard to race, color, national origin, sex, age, and disability. Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any Town of Minden program or activity because of their race, color, national origin, age, sex, or disability may file a discrimination complaint with the Town of Minden or the Nevada Department of Transportation. To file a Title VI discrimination complaint, contact: Town of Minden c/o Administrative Services Manager 1604 Esmeralda Ave, Ste 101 Minden, NV 89423 (775) 782‐5976 [EMAIL REDACTED] Civil Rights Officer Nevada Department of Transportation 3014 W. Charleston Blvd., Ste. 150 Las Vegas NV 89102 (702) 730‐3301 (702) 486‐0487 fax [EMAIL REDACTED] Sus derechos contra la discriminación bajo el Título VI de la Ley de Derechos Civiles de 1964 La ciudad de Minden opera sus programas y servicios sin distinción de raza, color, nacionalidad, sexo, edad y discapacidad. Cualquiera que crea que ha sido excluido de la participación, se le han negado los beneficios o ha sido objeto de discriminación bajo cualquier programa o actividad de Town of Minden debido a su raza, color, nacionalidad, edad, sexo o discapacidad puede presentar una queja por discriminación con la ciudad de Minden o el Departamento de Transporte de Nevada. Para presentar una queja de discriminación del Título VI, comuníquese con: Town of Minden c/o Administrative Services Manager 1604 Esmeralda Ave, Ste 101 Minden, NV 89423 (775) 782‐5976 [EMAIL REDACTED] Civil Rights Officer Nevada Department of Transportation 3014 W. Charleston Blvd., Ste. 150 Las Vegas, NV 89102 (702) 730‐3301 (702) 486‐0487 fax [EMAIL REDACTED] Town of Minden Title VI Plan 37 EXHIBIT E