Document Minden_doc_5cc412690e

Title VI Program 2023 Town of Minden 1604 Esmeralda Ave, ste 101 Minden, NV 89423 www.townofminden.com ---PAGE BREAK--- ---PAGE BREAK--- Contents The Town of Minden Title VI Policy and Complaint Procedures Title VI Program Plan I. Title VI Objectives & Policy Statement (English & 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 – FHWA-1273 Form D – Informational Sign-in Sheet E – Language Assistance Plan F – Notice of Rights (English and Spanish) G – Log for Review of Policy & Directives (Year 2022) 2023 Town of Minden Title VI Plan 1 ---PAGE BREAK--- Title VI Plan for NDOT FHWA Subrecipient Town of Minden, Douglas County, Nevada 2023 Prepared by: Rachel Hamer, Administrative Services Manager/Title VI Coordinator 2023 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 3,335 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. 2023 Town of Minden Title VI Plan 3 ---PAGE BREAK--- 2023 Town of Minden Title VI Plan 4 ---PAGE BREAK--- 2023 Town of Minden Title VI Plan 5 ---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 Secretary 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 Secretary will also ensure that bidding and advertising procedures are aligned and in compliance with Title VI. The Town Secretary 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 2023 Town of Minden Title VI Plan 6 ---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 work with Administration to 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 Secretary and Engineer will insure that all applicable Title VI requirements are fulfilled in the design, the 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 investigated and forwarded to the State. 2023 Town of Minden Title VI Plan 7 ---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 work with Administrative Staff to ensure that non-discrimination documentation will be included in advertisements, bids, 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 race/ethinic designation and zip code. 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 for the project files where applicable. 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. 2023 Town of Minden Title VI Plan 8 ---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. Minor investigation of these complaints will be done by the Town, but full investigations will be done 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. 2023 Town of Minden Title VI Plan 9 ---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 2023 Town of Minden Title VI Plan 10 ---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. 2023 Town of Minden Title VI Plan 11 ---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: 2023 Town of Minden Title VI Plan 12 ---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. 2023 Town of Minden Title VI Plan 13 ---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. 2023 Town of Minden Title VI Plan 14 ---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? 2023 Town of Minden Title VI Plan 15 ---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? 2023 Town of Minden Title VI Plan 16 ---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? 2023 Town of Minden Title VI Plan 17 ---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 2023 Town of Minden Title VI Plan 18 ---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. 2023 Town of Minden Title VI Plan 19 ---PAGE BREAK--- U.S. Census Data- American Community Survey (2016-2020) 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 3,306 English only 3,035 91.8% Language other than English 271 8.2% Spanish 258 7.8% Other Indo-European languages 10 Asian and Pacific Islander languages 3 Other languages 0 0% The Town of Minden has a relatively small LEP population. Based on Census Data, approximately 8.2% 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  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 2023 Town of Minden Title VI Plan 20 ---PAGE BREAK--- 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 E 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. 2023 Town of Minden Title VI Plan 21 ---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 Town’s website. The agendas are also emailed and mailed to any citizen who would like to receive one. In the instance of a larger project, the Town may elect to send out agendas to residents and businesses that may be impacted either by the subject or geographically, by a larger project. For larger projects in which the Town is seeking feedback and guidance, advertisements are posted in the local newspaper and posted on social media. 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: http://www.townofminden.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 F. 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 2023 Town of Minden Title VI Plan 22 ---PAGE BREAK--- 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. An example of the log for review of Policy & Directives can be found in this document. See Exhibit G. 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 Manager’s 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. The principal enforcement activity is the investigation and resolution of complaints filed by people alleging discrimination on the basis of race, color or national origin. During annual compliance reviews, it affords the Town of Minden the opportunity to identify and remedy discrimination that may not be addressed through complaint investigations. The Town of Minden expects and addresses all nondiscrimination efforts in all business relations. Should noncompliance be found, the Town of Minden shall work with the contactor, consultant, or vendor to come into voluntary compliance. If that is unsuccessful, the Town of Minden shall take additional action to ensure compliance. All procedures for compliance and enforcement outline the agency’s commitment to compliance in all Title VI and other non-discrimination areas, such as ADA, DBE, and Contract Compliance. As of May of 2023, the Town of Minden has not received any Title VI complaints. 2023 Town of Minden Title VI Plan 23 ---PAGE BREAK--- EXHIBITS 2023 Town of Minden Title VI Plan 24 ---PAGE BREAK--- 2023 Town of Minden Title VI Plan 25 Exhibit A ---PAGE BREAK--- 2023 Town of Minden Title VI Plan 26 ---PAGE BREAK--- 2023 Town of Minden Title VI Plan 27 ---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 2023 Town of Minden Title VI Plan 28 ---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. 2023 Town of Minden Title VI Plan 29 ---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.) 2023 Town of Minden Title VI Plan 30 ---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.) 2023 Town of Minden Title VI Plan 31 ---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.) 2023 Town of Minden Title VI Plan 32 ---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). 2023 Town of Minden Title VI Plan 33 ---PAGE BREAK--- February 2022 Town Board Utility Systems Technician II Maintenance Supervisor Maintenance Specialist Administrative Assistant 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) Secretary Maintenance Specialist Town Sanitation Specialist Maintenance Specialist Town Sanitation Specialist Maintenance Specialist 2023 Town of Minden Title VI Plan 34 Exhibit B ---PAGE BREAK--- FHWA-1273 Revised July 5, 2022 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 2023 Town of Minden Title VI Plan 35 Exhibit C ---PAGE BREAK--- 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 & b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 2023 Town of Minden Title VI Plan 36 ---PAGE BREAK--- within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: Withholding progress payments; Assessing sanctions; Liquidated damages; and/or Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 2023 Town of Minden Title VI Plan 37 ---PAGE BREAK--- The number and work hours of minority and non- minority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and 2023 Town of Minden Title VI Plan 38 ---PAGE BREAK--- (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding (29 CFR 5.5) The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records (29 CFR 5.5) a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or 2023 Town of Minden Title VI Plan 39 ---PAGE BREAK--- subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees (29 CFR 5.5) a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the 2023 Town of Minden Title VI Plan 40 ---PAGE BREAK--- corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility (29 CFR 5.5) a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5. * $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990). 2023 Town of Minden Title VI Plan 41 ---PAGE BREAK--- 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; the prime contractor remains responsible for the quality of the work of the leased employees; the prime contractor retains all power to accept or exclude individual employees from work on the project; and the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance 2023 Town of Minden Title VI Plan 42 ---PAGE BREAK--- with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.[PHONE REDACTED], and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant 2023 Town of Minden Title VI Plan 43 ---PAGE BREAK--- who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph of this certification, 2 CFR 180.700 and 180.800; and Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is 2023 Town of Minden Title VI Plan 44 ---PAGE BREAK--- submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier 2023 Town of Minden Title VI Plan 45 ---PAGE BREAK--- subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 2023 Town of Minden Title VI Plan 46 ---PAGE BREAK--- ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph below. 2. The contractor shall place a job order with the State Employment Service indicating the classifications of the laborers, mechanics and other employees required to perform the contract work, the number of employees required in each classification, the date on which the participant estimates such employees will be required, and any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 2023 Town of Minden Title VI Plan 47 ---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 D Thank you for your participation. 2023 Town of Minden Title VI Plan 48 ---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 bi-lingual 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 member 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 who 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 Providing Notice to LEP Persons LEP persons are notified of the availability of language assistance through the following approaches: 2023 Town of Minden Title VI Plan 49 EXHIBIT E ---PAGE BREAK---  Following our Title VI policy statement included on our vital documents,  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. 2023 Town of Minden Title VI Plan 50 ---PAGE BREAK--- Date Needed Complainant Name (if given) Contact Information (if given) Nature of Need Method of Translation Town of Minden Limited English Proficiencey/Language Assistance Plan 2022 2023 Town of Minden Title VI Plan 51 ---PAGE BREAK--- DB-3309 U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S. CENSUS BUREAU LANGUAGE IDENTIFICATION FLASHCARD 1. Arabic 2. Armenian 3. Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese 7. Traditional Chinese 8.Croatian 9. Czech 10. Dutch 11. English 12. Farsi Mark this box if you read or speak English. 2010 Motka i kahhon ya yangin ûntûngnu' manaitai pat ûntûngnu' kumentos Chamorro. QUmbJÇak'kñ¨g®b/b'enH ebI/ñk/an …niXaXPasa e‡oµe . Kruis dit vakje aan als u Nederlands kunt lezen of spreken. Zaškrtněte tuto kolonku, pokud čtete a hovoříte česky. Označite ovaj kvadratić ako čitate ili govorite hrvatski jezik. 2004 Census Test .á«Hô©dG çóëàJ hCG CGô≤J âæc GPEG ™HôŸG Gòg ‘ áeÓY 2023 Town of Minden Title VI Plan 52 ---PAGE BREAK--- DB-3309 U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S. CENSUS BUREAU 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25. Polish 13. French Cocher ici si vous lisez ou parlez le français. Kreuzen Sie dieses Kästchen an, wenn Sie Deutsch lesen oder sprechen. Make kazye sa a si ou li oswa ou pale kreyòl ayisyen. Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. Marchi questa casella se legge o parla italiano. Jelölje meg ezt a kockát, ha megérti vagy beszéli a magyar nyelvet. Kos lub voj no yog koj paub twm thiab hais lus Hmoob. Prosimy o zaznaczenie tego kwadratu, jeżeli posługuje się Pan/Pani językiem polskim. 2023 Town of Minden Title VI Plan 53 ---PAGE BREAK--- DB-3309 U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S. CENSUS BUREAU 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32. Tagalog 33. Thai 34. Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38. Yiddish 26. Portuguese Assinale este quadrado se você lê ou fala português. Označte tento štvorček, ak viete čítať alebo hovoriť po slovensky. Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. Marque esta casilla si lee o habla español.
ометьте этот квадратик, если вы читаете или говорите по-русски. Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. ідмітьте цю клітинку, якщо ви читаєте або говорите українською мовою. Xin ñaùnh daáu vaøo oâ naøy neáu quyù vò bieát ñoïc vaø noùi ñöôïc Vieät Ngöõ. 2023 Town of Minden Title VI Plan 54 ---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] 2023 Town of Minden Title VI Plan 55 EXHIBIT F ---PAGE BREAK--- Town of Minden Review of Policy Directives Month/Y ear Directive/ Policy Title Action Taken Title VI Coordinator's Initials of Review Mar‐22 Town of Minden Title VI Plan Training in Las Vegas for the Title VI Coordinator RH May‐22 Town of Minden Title VI Plan 2022 Plan submitted to NDOT RH Jan ‐ Dec 2022 Contractor, Consultant and Vendor Reviews FHWA form 1273 was not included in the waterline replacement bids as we did not know it was to be included. It was included in with the Road Rehab bid later in the year. RH Jul‐22 Training Verification that training was done by the Town of Minden Staff. RH Dec‐22 Training Verification that training was done by new staff members of the Town of Minden. RH Apr‐23 Review of Directives/ Compliance and Enforcement Procedures Title VI Coordinator's annual review of the entire Title VI Plan and update to plan with changes where applicable. Each Policy is looked at. RH Apr‐23 Data Collection Review of each sign‐in sheet from Board Meetings from all of 2022. Only 3 entries made. Verifying the same spreadsheets for LEP Assistance and for TitleVI complaints. None were entered for either. RH May‐23 Town of Minden Title VI Plan 2023 Assurances Signed and sent to NDOT RH 2023 Town of Minden Title VI Plan 56 Exhibit G