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HomeMy WebLinkAboutRES 012726-5.J - Adoption of City of GT Title VI Nondiscrimitation Plan for TxDot Funded Transportation ProgramsRESOLUTION NO. 0/2724 - 5Z AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, ADOPTING TITLE VI NON- DISCRIMINATION PLAN; REPEALING CONFLICTING RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City, As a recipient or subrecipient of Federal financial assistance, is required to comply with various non-discrimination laws and regulations, including Title VI of the Civil Rights Act of 1964; and WHEREAS, the City, in order to comply with Title VI of the Civil Rights Act, must develop a Title VI Non -Discrimination Plan that documents how the agency is effectively implementing its Title VI Non -Discrimination Program; and WHEREAS, City staff have developed a Title VI Non -Discrimination Plan for the City Council's review and consideration; and WHEREAS, the City Council has reviewed the Title VI Non -Discrimination Plan; and WHEREAS, the City Council finds that adopting the Title VI Non -Discrimination Plan will be in the best interest of the public, as set out herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1. The meeting at which this resolution was approved was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. The Title VI Nondiscrimination Plan, attached hereto as Exhibit A, is hereby adopted. Section 4. All resolutions that conflict with the provisions of this resolution are hereby repealed, and all other resolutions of the City not in conflict with the provisions of this resolution shall remain in full force and effect. Section 5. If any provision of this resolution, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this resolution, which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are hereby declared to be severable. Resolution Number: �i2 ! uo 5, Page 1 of 2 Subject: Title VI Plan (2026) Date Approved: C)IJO Section 6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest. This resolution shall become effective and be in full force and effect immediately in accordance with the provisions of the City Charter of the City of Georgetown. PASSED AND APPROVED on the 13' of January, 2026. ATTEST: OF GEORGE t / / ".1Z Robyn De more, City Secretary Josh chro r, Mayor APPROVED AS TO FORM: JLr-� Skye M sson, City Attorney Resolution Number: O!Z 7?6 —S '7'' Page 2 of 2 Subject: Title VI Plan (2026) Date Approved: 01 /Z ilm GEORGETOWN T E X A S TITLE VI PLAN January 2026 Contents Introduction..................................................................................................................................................2 TitleVI Coordinator.....................................................................................................................................3 Title VI/Nondiscrimination Policy Statement..........................................................................................4 Procedures for Processing External Discrimination Complaints ..........................................................5 External Discrimination Complaint Tracking..........................................................................................6 Accommodation for Limited English Proficient Persons.......................................................................6 PublicParticipation......................................................................................................................................7 Solicitation of Bid and Contract Provisions..............................................................................................8 Data Collection and Analysis.....................................................................................................................8 Appendix 1 - General Assurances.............................................................................................................9 Appendix 2 - Title VI LEP Four Factor Analysis...................................................................................21 Appendix 3 - City of Georgetown Organizational Chart.....................................................................25 Appendix 4 - Dual Language Guide for Published Materials.............................................................26 Appendix 5 - Public Engagement Philosophy.......................................................................................29 Appendix 6 - Title VI Web -page and Online Complaint Form...........................................................31 Appendix 7 - Written Complaint Form..................................................................................................32 Appendix8 - Complaint Log....................................................................................................................36 City of Georgetown January-26 Title VI Plan Page 1 of 36 Introduction The City of Georgetown is committed to fair and equitable treatment of its citizens and takes its responsibilities seriously. As a recipient of Federal financial assistance, the City of Georgetown is required to comply with various non-discrimination laws and regulations, including Title VI of the Civil Rights Act of 1964, which provides that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried out under this title." The Federal -aid Highway Transportation Act of 1973 added sex to the list of prohibitive factors. Disability was added through Section 504 of the Rehabilitation Act of 1973. Age was subsequently added in 1975 under the Age Discrimination Act. The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of the term "programs or activities" to include all programs or activities of Federal - aid recipients, sub -recipients, and contractors, whether or not such programs and activities are federally assisted. Title VI was further defined in 1994. Executive Order 12898 - Environmental Justice (EJ), directed Federal agencies to identify and address the effects of all programs, policies, and activities on "minority populations and low-income populations." In 2000, Executive Order 13166 - Limited English Proficiency (LEP), was also signed into effect requiring Federal agencies to assess and address the needs of otherwise eligible limited English proficient persons seeking access to the programs and activities of recipients of Federal financial assistance. The objectives of City of Georgetown's Title VI Non -Discrimination Plan are: 1. To maintain an effective Title VI Policy Statement and Title VI General Assurances (Appendix 1); 2. To document Title VI Limited English Proficiency (LEP) Four Factor Analysis (Appendix 2) to aid in the City's transportation related communication efforts; 3. To maintain and improve procedures for filing, processing and documenting complaints by persons who believe they have been subjected to discrimination under Title VI in a City program or project; 4. To maintain and support a Title VI coordinator who is responsible for ensuring compliance with Title VI of the Civil Rights Act of 1964 and pertinent directives; 5. To document efforts to respond to Texas Department of Transportation, Civil Rights Division, Title VI review of the City of Georgetown; City of Georgetown anu 26 Tifle VI Plan T Page 2 of 36 6. To establish procedures to annually review Title VI compliance of specific program areas within the City of Georgetown Title VI Coordinator The organizational chart included in Appendix 3 shows the relative position of the Title VI Coordinator within the City's structure. The Title VI Coordinator is the Transportation Manager. The Transportation Manager works to ensure the requirements of Title VI are enforced by being the point of contact for Title VI implementation and monitoring of transportation programs and activities receiving federal financial assistance. The Transportation Manager will also review and respond to discrimination complaints and work together with all department directors to ensure the successful implementation of and compliance with the City of Georgetown's Title VI plan and submission of reports to the Texas Department of Transportation, Civil Rights Division. City of Georgetown January-26 Title VI Plan Page 3 of 36 Title VUNondiscrimination Policy Statement The City of Georgetown, as a recipient of federal financial assistance and under Title VI of the Civil Rights Act of 1964 and related statutes, ensures that no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any Department programs or activities. Josh City of Georgetown Title VI Plan January-26 Page 4 of 36 Procedures for Processing External Discrimination Complaints Complaint Procedure This Complaint Procedure is established to meet the requirements of the Title VI of the Civil Rights Act of 1964. It may be used by anyone who wishes to file a complaint alleging discrimination based on race, color, sex, age, disability, or national origin in the provision of services, activities, programs, or benefits by the City of Georgetown. A complaint regarding Title VI of the Civil Rights Act of 1964 should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem including whether it is related to race, color, sex, age, disability, or national origin. Alternative means of filing complaints will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 180 calendar days after the alleged violation. How to File Complaints may be submitted: • Online: https://records.georgetowntexas.gov/Forms/TitleVIForm • By Email: ada@georgetowntexas.gov • By Mail or In Person: Lua Saluone, P.E., P.O Box 409, Georgetown Texas, 78627 • Alternate formats and language assistance are available upon request for individuals with disabilities or limited English proficiency (LEP). Please contact the Title VI Coordinator with an accommodation request. An online complaint form has been established and is available at the City's Accessibility to City Services web site. A copy of the complaint form is attached in Appendix 6. Acknowledgement and Review Within 10 calendar days after receipt of the complaint, the Title VI Coordinator will acknowledge receipt of the complaint and may, at his/her discretion, meet with the complainant to discuss the complaint. Within 15 calendar days of the meeting, the Title VI Coordinator or his/her designee will respond in writing, and where appropriate, in a format accessible to the complainant. The response will explain the position of the City of Georgetown and offer options for substantive resolution of the complaint. If the complaint is related to transportation program and activities, then the City shall forward the complaint to TxDOT within 10 days of receipt. City of Georgetown January-26 Title VI Plan Page 5 of 36 If the response by the Title VI Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager or his/her designee. Within 15 calendar days after receipt of the appeal, the City Manager or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. External Discrimination Complaint Tracking All Title VI Complaint records will be retained for a minimum of three years. Complaint Logs (Tracking) The City utilizes the software Laserfiche to assist with workflow and records management across the City to make operations more efficient and customer friendly. The online complaint form is part of this Laserfiche system which has been established to track and monitor complaints received concerning Title VI complaints: htti2s://records.georgetowntexas.gov/Forms/TitleVIForm The City of Georgetown has also created a written complaint form that will be available for download or to the public at any of our customer service locations (Appendix 6). If a written complaint is received in a format other than the Laserfiche form, the Title VI Coordinator, or their designee, will enter all complaints into the Laserfiche system to track all future complaints. Accommodation for Limited English Proficient Persons Four Factor Analysis The City of Georgetown is committed to taking reasonable steps to provide meaningful access to municipal services for Limited English Proficient (LEP) persons — those who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. The City of Georgetown has completed the Title VI Limited English Proficiency (LEP) Four Factor Analysis (Appendix 2). The City of Georgetown will provide the appropriate level of oral interpretation and written translation services based on the four -factor analysis. Members of most language groups will at least receive written translation services when requested. If LEP persons need to contact the City by phone, the City has access to an on -demand, over -the - phone interpreter service. This service provides access to more than 200 languages. City of Georgetown 26 Title VI Plan )anua ry Page 6 of 36 Dual Lan cage Practice for Published Materials The City has a written document that guides decisions on what materials need to be translated to Spanish language (Appendix 4). Compliance with Title VI includes ensuring that no minority or low-income population suffers "disproportionately high and adverse human health or environmental effect" due to any "programs, policies and activities" undertaken by any agency receiving Federal funds. For projects with federal funding, the City of Georgetown plans and executes its transportation programs and projects in accordance with the rules, regulations and procedures established by the Texas Department of Transportation's (TxDOT) Environmental Manual and the National Environmental Policy Act (NEPA) process. The process is updated and maintained by TxDOT's Environmental Division (ENV). The NEPA process, Title VI of the Civil Rights Act and related statutes, and Executive Order 12898 on Environmental Justice are incorporated in the processes to ensure nondiscrimination and identify and address any disproportionately high health and environmental impacts to minority populations and low-income populations. Public Participation Every Federally funded transportation project undertaken by the City of Georgetown includes a public participation plan. The following objectives are included in each plan: • Establish early and continuous public participation opportunities that provide timely information about transportation issues and decision -making processes to all interested parties; • Provide reasonable public access to educational, technical, and policy information to enhance the public's knowledge and ability to participate in the development of the project; • Provide adequate public notice of participation opportunities during the development of the public participation plan, and time for public review and comment at key decision points in the planning process; • Ensure that public participation opportunities are held at convenient and accessible locations (in compliance with the Americans with Disabilities Act of 1990) and times Individual projects As the City develops individual transportation projects and programs, one of the required elements is the development of communication or public participation plans. Examples of City led projects with public participation plans during the period of 2023-2025 include: Austin Avenue Corridor Study, FM 971 Widening Project and SH29 East Widening Project. All three projects included a formal public participation plan and analysis of language proficiency, environmental impacts and targeted community engagement. City of Georgetown January-26 Title VI Plan Page 7 of 36 Solicitation of Bid and Contract Provisions The General Assurances DOT Order 1050.2A are included in the City of Georgetown standard bid/contract documents for transportation projects. The provision of the General Assurances (Appendix 1) in the bid/contract forms provides the inclusion of the U.S. DOT Standard Title VI Assurances in all current and future solicitations including the clauses in Appendix A and E of the General Assurances. Data Collection and Analysis In analyzing City demographics, the City of Georgetown uses statistical data on protected groups available through the US Census Bureau. The City also conducts a bi-annual Citizen's Survey to assist in identifying and prioritizing the needs of the various population segments within the City. Planning studies, such as the City of Georgetown Transit Development Plan, utilize this data to ensure an equitable distribution of future transit benefits to targeted populations, including low income, elderly, people with disabilities and zero -car households. New road projects also have a potential to split or isolate neighborhoods in whole or in part. To minimize the potential adverse effects on affected populations, for all federally funded projects, the City will create demographic profile maps of low-income and minority populations near these project areas and will ensure meaningful access to project information in accordance with the City's Dual Language Guide for Published Materials (Appendix 4). City of Georgetown January-26 Title VI Plan Page 8 of 36 Appendix 1- General Assurances THE UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) STANDARD TTTLE VI/NONDISCRIMINATION ASSURANCES DOT ORDER NO.1050.2A The City of Georgetown (herein referred to as the 'Recipient") HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration (FHWA), is subject to and will comply with the following: Statutory/Regglatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.P.R. Part 21 (entitled Non-discrimination in Federally Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964); • 28 C.P.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964) The preceding statutory and regulatory citations are referred to as the "Acts" or 'Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United Sates shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity," for which the Recipient receives Federal financial assistance from U.S. DOT, including the Federal Highway Administration. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Nondiscrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. City of Georgetown January-26 Title VI Plan Page 9 of 36 Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally -assisted U.S. DOT programs: 1. The Recipient agrees that each "activity," facility," or "program," as defined in §§ 21.23(b) and 21.23(e) or 49 C.P.R § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests for Proposals for work, or material subject to the Acts and the Regulations made in connection with all federally funded transportation projects and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and Appendix E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and City of Georgetown January-26 Title VI Plan Page 10 of 36 b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods. a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the programs as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub - grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this assurance, the Recipient also agrees to comply (and require any sub -recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the U.S. DOT access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the U.S. DOT. You must keep records, reports, and submit the material for review upon request to U.S. DOT, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. City of Georgetown January-26 Title VI Plan Page 11 of 36 The Recipient gives this assurance in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. DOT under all Department of Transportation Programs. This assurance is binding on Texas, other recipients, subrecipients, sub -grantees, contractors, subcontractors and their subcontractors, transferees, successors in interest, and any other participants in all Department of Transportation programs. The person(s) signing below is/are authorized to sign this assurance on behalf of the Recipient. Josh 5CfiroeXr, Mayor City of Georgetown Title VI Plan 1 7-7 46 Date January-26 Page 12 of 36 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, the FHWA, 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 nondiscrimination 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 FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or FHWA 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 contractor will take action with respect to any subcontract or procurement as the Recipient or FHWA may direct as a means of enforcing such provisions including sanctions City of Georgetown January-26 Title VI Plan Page 13 of 36 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. City of Georgetown 26 Title VI Plan 1anua ry Page 14 of 36 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 City of Georgetown will accept title to the lands and maintain the project constructed thereon in accordance with all applicable federal statutes, the Regulations for the Administration of all DOT programs, and the policies and procedures prescribed by FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Georgetown all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the City of Georgetown 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 City of Georgetown, its successors and assigns. The City of Georgetown 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 (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the City of Georgetown 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, Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above -mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said 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].* City of Georgetown January-26 Title VI Plan Page 15 of 36 (*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.) City of Georgetown January-26 Title VI Plan Page 16 of 36 Appendix C Clauses for Transfer or 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 Recipient 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, City of Georgetown 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, City of Georgetown 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 City of Georgetown 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.) City of Georgetown January-26 Title VI Plan Page 17 of 36 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 the Recipient pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the 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, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Nondiscrimination covenants, City of Georgetown 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, absolute property of City of Georgetown will there upon revert to and vest in and become the 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.) City of Georgetown January-26 Tide VI Plan Page 18 of 36 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 nondiscrimination statutes and authorities; including but not limited to Pertinent Nondiscrimination 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, (42U.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 U.S.C. § 4 71, Section 4 7123), 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, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and Ill 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 Nondiscrimination 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 nondiscrimination 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 City of Georgetown January-26 Title VI Plan Page 19 of 36 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). City of Georgetown January-26 Title VI Plan Page 20 of 36 Appendix 2 - Title VI LEP Four Factor Analysis Purpose The purpose of this Language Assistance Implementation Plan is to meet the requirements to comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin. The City of Georgetown is committed to taking reasonable steps to provide meaningful access to municipal services for Limited English Proficient (LEP) persons — those who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. This plan contains the four -factor analysis and implementation plan based on the analysis. LEP Needs Assessment — the Four -Factor Analysis Factor 1 — The number or proportion of LEP persons eligible to be served or likely to be encountered by the City of Georgetown. The City of Georgetown used the 2019-2023 American Community Survey 5-year estimates to determine the potential LEP populations within its limits. The following tables provide information about these populations. Table 1: Breakdown of Population 5 years and Over — Language Spoken at Home from 2019- 2023 American Community Survey 5-Year Estimates Williamson County, Texas Georgetown city, Texas Estimate Percent Estimate Percent Population 5 years and over 6041876 74,612 English only 457,654 75.7% 62,813 84.2% Language other than English 147,222 24.3% 11,799 15.8% Speak English less than "very well" 42,776 7.1% 2,999 4.0% Spanish: 83,990 13.9% 8,686 11.6% Speak English less than "very well" 26,159 4.3% 2,432 3.3% Other Endo -European languages 24,865 4.1% 1,349 1.8% Speak English less than "very well 5,974 1.0% 255 0.3% Asian and Pacific Islander languages 31,405 5.2% 1,348 1.8% Speak English less than "very well" 9,297 1.5% 260 0.3% Other Languages 6,962 1.2% 416 0.6% Speak English less than "very well" 1,346 0.2% 52 0.1% Source: Compiled from U.S. Census Bureau, 2019-2023 American Community Survey 5-Year Estimates, DP02 City of Georgetown anu 26 Title VI Plan J Page 21 of 36 E.tm-Tnntonal ' 1—did. Languages Spoken at Home - -� Indo-European Spanish Asian and Pacific Islander - B +A �"M aM Od• Oro ,01° 1,ydA e, Summary According to the U.S. Census Bureau, in 2023 the estimated population 5 years and over of the City of Georgetown was 74,612. Approximately 2,999 persons, or 4.0% of the population, in that age cohort spoke English less than "very well" in the home. We've continued to see a decrease in the population of Spanish speakers that speak English less than "very well", while also seeing increases in our Indo-European as well as Asian and Pacific Islander populations that speak English less than "very well". While reflecting the growth in population in Williamson County, this represents the decline in overall population speaking English less than "very well", a trend that is opposite of the statewide totals and should be continuously monitored. Factor 2 — The frequency with which LEP persons come into contact with the City of Georgetown The primary ways that residents, including LEP persons, contact the City of Georgetown to inquire about City programs and assistance are related to Customer Care Call Centers, Utility Billing customer assistance and the City website. First, for LEP visitors who need in -person assistance, the City of Georgetown has at least 3 translators on staff available at all times to help walk-ins through our Customer Care Call Centers and Utility Billing site. Front desk staff are informed of available on -site translators. When none are available, they are authorized to use the City's on - demand translation services to assist non -English-speaking individuals. City of Georgetown's Customer Care Center (Call Center) uses automated means to assist LEP City of Georgetown January-26 Title VI Plan Page 22 of 36 persons who call the City with the option to enter the menu in Spanish. On average, the service is used 10-15 times monthly with translations in Spanish. If no Spanish-speaking staff are available, within Customer Care, the City will use its contracted on -demand translation service. A professional interpreter will be conferenced into the call to facilitate real-time communication between the customer and City. The City of Georgetown website provides a translation service so that LEP persons looking for information online may select the "En Espanol" feature to review the entire website's content in Spanish. Several Departments recommend customers utilize Google Translate to view their web -content in multiple languages. City of Georgetown has a City email and online platform for all residents to submit questions or requests that, once received, are sent to the correct department for further assistance. When emails from LEP persons are received, City translators work with the appropriate departments to translate the incoming emails and responses. City of Georgetown programs with walk-in or individual program interaction with LEP visitors such as Human Resources, Building Permits, Municipal Court, Parks and Recreation and Systems Engineering have staff to provide interpretative services. The City provides a stipend for those qualifying employees. City of Georgetown staff are reviewing the frequency with which staff have, or could have, contact with LEP persons. This may lead to development of brochures, applications, and other documents in Spanish. Factor 3 — The nature and importance of the City of Georgetown's programs, activities, or services to the person's life. The City considers all its programs to be a critical element of quality of life in the community. The ability to communicate rights to an LEP population for essential public services such as utilities, municipal court, and Police and Fire protection is as a critical element of customer service to avoid denial or delay of access to services. The City of Georgetown strives to offer numerous opportunities for inclusion for LEP persons in our programs. Factor 4 — The resources available to city staff and overall costs to provide LEP assistance. The City of Georgetown provides a stipend to 73 employees to provide multilingual translation services, 70 for Spanish and 3 for sign language. These staff members, located in all divisions of the City, address most language assistance needs with over -the phone and in -person interpretation, and some document translation. All City of Georgetown staff are trained as to the bilingual staff resources in their Division/Programs if the need for LEP assistance arises. The City website and customer care call center provide bi-lingual services. As programs expand and the need for LEP services increase, programs in the City will be reviewed as part of the Business Plan process for each Division. The City will continue to monitor LEP programs and implementation through annual reporting and presentations to the ADA Advisory Board and Transportation Advisory Board. City of Georgetown January-26 Title VI Plan Page 23 of 36 Implementation Language Assistance Measures For all federally funded projects, the City will create demographic profile maps of low-income and minority populations near these project areas and will ensure meaningful access to project information in accordance with the City's Dual Language Guide for Published Materials, (Appendix 4). Staff Training and Monitoring The City of Georgetown is developing training materials to be available to City staff regarding LEP programs and access to city-wide resources. These include: Identification of city call centers, web -resources, and multilingual staff available for LEP services. a. Documentation and reporting of language assistance request. b. How to handle potential Title VI/LEP complaints. c. Working with contractors to provide LEP assistance when developing City projects. City of Georgetown January-26 Title VI Plan Page 24 of 36 Appendix 3 - City of Georgetown Organizational Chart — Daniel Bathepucil Electric Services City of Georgetown Title VI Organization Citizens of Georgetown Mayor City Council of Georgetown David Morgan City Manager Laurie Brewer I Asst. City Manager Name Name Title VI Liaison Title VI Liaison City of Georgetown Title VI Plan Wayne Nero - Nick Woolery Asst. CityManager An Tt. City Manager Wesley Wright {III Systems Engineering Directos Nome Lua Saluone, P.E. Title VI Liaison Transportation Manager/Title VI Coordinator (512) 930 - 6574 ada@georgetowntex s.gov - Jessica dark -- Chief of Strategy and Innovation Name Title VI Liaison January-26 Page 25 of 36 Appendix 4 - Dual Language Guide for Published Materials This guide, which is focused on English to Spanish translations only, has been informed by research of government recommendations and regulations, other City policies and local focus groups with Spanish -language dominant constituents (2018, 2021). It is vitally important that the City provides accessible, Spanish -translated information in order to eliminate barriers to public service and community safety. As the number of limited English proficient (LEP) individuals in the Georgetown area continues to grow, so does the need for the City of Georgetown to provide communications in Spanish. This is especially important during critical or emergent events. Improving communication with our Spanish speaking population will lead to improved public service provision, help the City build trust with the people we serve, and is part of our commitment to diversity, equity and inclusion. This guide explains exactly what materials MUST, SHOULD or COULD be translated to Spanish within the Communications and Public Engagement department (CAPE) and any other department creating public facing materials. I. PURPOSE The purpose of this guide is to establish a foundation for the City's guidelines and procedures when conducting Spanish -language translations of published materials. II. SCOPE The Dual Language Guide for Published Materials provides guidance to City staff that will assist them in determining the level of translations services needed for a particular project. III. GUIDE The City believes in reducing language barriers for all citizens, stakeholders and employees in order to ensure equal access to vital information. Documents that MUST be translated are considered "vital documents" according to the US Department of Homeland Security's 2012 Language Access plan. Vital Documents — Any documents that are critical for ensuring meaningful access to the City's major activities and programs. Whether or not a document (or the information it contains) is "vital" may depend upon the importance of the program, information, encounter, or service City of Georgetown January-26 Title VI Plan Page 26 of 36 involved, and the consequence to the effected person if the information in question is not provided in an appropriate language. Such published materials may include, but are not limited to: • Information regarding health and safety (i.e., temporary disruption of services, imminent danger, etc.); • Fair housing information; • Notices pertaining to the reduction, denial, or termination of services or benefits, the right to appeal such actions, or that require a response from the beneficiary; and • Election information Published materials that SHOULD be translated but are not necessarily federally mandated include: • Poster/notices placed in public spaces; • Information regarding public events; • Websites; and • Utility bill insert (digital) Other documents that might fall in the MUST or SHOULD categories, and time or resources prohibit translating the full document, can include a line in Spanish that indicates where or how they can get the information in Spanish (i.e. a phone number or email). Such documents include: • Applications and consent forms; • Program related compliance plans; • Citizen participation plans and letters containing important information regarding participation in a program; and • Notices advising LEP persons of the availability of free language assistance. Additional items COULD be translated; however, most online platforms have built-in language options: • Information/directional signs at public events; and • Social media graphics IV. PHILOSOPHY With guidance from Communications and Public Engagement Department (CAPE), translated published materials should be planned, implemented, evaluated and reported using these six guidelines. 1. BE PROACTIVE: determine your audience early enough to allow for proper translation of the materials in question. All vital (MUST) translations should be provided by City -authorized translators. City of Georgetown January-26 Title VI Plan Page 27 of 36 2. BE RELEVANT AND EFFECTIVE: translations should be targeted to effectively communicate your message. (i.e.., Spanish -language text messages for vital information). 3. BE EQUITABLE: ensure the Spanish-speaking public is provided with a reasonable opportunity to contribute to public "conversations" in Spanish, developing a balanced perspective. 4. BE CLEAR AND FOCUSED: ensure the Spanish-speaking public understand the messaging provided by the City. Some messages (i.e., memes, gifs) may not translate properly to provide the appropriate message. Consider creating similar messaging in Spanish -only and publishing both versions. 5. BE INCLUSIVE: published materials for public events should include Spanish -language versions to ensure to maximize participation in City events (i.e., Lighting of the Square, Red Poppy Festival, etc.) 6. BE ACCOUNTABLE: evaluate metrics to determine success of messaging and adjust as necessary. This guide will be reviewed annually to determine any changes/updates needed. City of Georgetown January-26 Title VI Plan Page 28 of 36 Appendix 5 - Public Engagement Philosophy I. PURPOSE The purpose of this philosophy is to establish a foundation for the City's guidelines and procedures for conducting public engagement. This applies to all City staff. II. SCOPE The Public Engagement Policy provides guidance to City staff that will assist them in determining the level of public engagement needed for a particular project. III. PHILOSOPHY The City believes its citizens, stakeholders and employees should be informed, consulted, and engaged in decisions that affect them and should be given the opportunity to provide input. The City: 1. Will provide public engagement opportunities that are open and transparent. 2. Will give serious consideration to the feedback gathered through the public engagement processes. 3. Will provide public engagement results through the same channels in which it was garnered. 4. Is committed to working together with the public to continuously improve its public engagement processes. 5. Believes that public engagement leads to better, more informed decisions for City staff. With guidance from the Communications and Public Engagement department, public engagement should be planned, implemented, evaluated and reported using these six guidelines. 1. BE PROACTIVE: initiate engagement early enough for participants to make informed decisions and impact the outcomes. 2. BE RELEVANT AND EFFECTIVE: engagement should be planned to be effectively communicated and implemented to encourage public participation and contribution in an appropriate manner. 3. BE EQUITABLE: ensure the public is provided with a reasonable opportunity to contribute in English and Spanish, developing a balanced perspective. 4. BE CLEAR AND FOCUSED: ensure the City and the public understand their respective roles in a public engagement process, including the level of involvement and how input will be used to inform decisions. 5. BE INCLUSIVE: use a range of methods to engage various audiences to maximize participation City of Georgetown January-26 Title VI Plan Page 29 of 36 and improve the quality of feedback. 6. BE ACCOUNTABLE AND TRANSPARENT. evaluate and report in a timely manner. City of Georgetown January-26 Title VI Plan Page 30 of 36 Appendix 6 - Title VI Web -page and Online Complaint Form Title VI Resources The City of Georgetown is committed to the fair and equitable treatment of its residents and takes its responsibilities seriously. As a recipient of Federal financial assistance, the City of Georgetown is required to comply with various non-discrimination laws and regulations, including Title VI of the Civil Rights Act of 1964, which provides that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried out under this title." The City has adopted the 2026 Title VI Plan which provides an overview of all City of Georgetown programs related to equal access and non-discrimination. To view the Title VI Plan and the grievance form, please visit: htti2s://georgetowntexas.gov/govemment/city management/americans with disabilities act ph P Title VI Complaints Any person who believes that he or she, individually or as a member of any specific class, has been subject to discrimination may file a complaint. A complaint may also be filed by a representative on behalf of such a person or group. Title VI complaints must be filed within 90 days of the date of the alleged act of discrimination. Complaints must include the facts and circumstances surrounding the alleged discrimination. Complaints can be submitted by completing the Title VI Complaint form. Please note all complaints must include a signature. All allegations will be investigated, and an attempt will be made to resolve any violations if found. In specific cases related to transportation projects, to file directly with the Texas Department of Transportation (TxDOT), complete TxDOT Complaint Form (en espanol) and mail the completed form Texas Department of Transportation, Office of Civil Rights, 125 East 111h Street, Austin, Texas 78701 or fax to 512-416-4751. City of Georgetown January-26 Title VI Plan Page 31 of 36 Appendix 7 - Written Complaint Form City of Georgetown Title VI Complaint Form By Mail or In Person to: Lua Saluone, P.E. P.O Box 409 Georgetown, Texas 78627 Alternate formats and language assistance are available upon request for individuals with disabilities or limited English proficiency (LEP). Please contact the Title VI Coordinator with an accommodation request. Within 10 calendar days after receipt of the complaint, the Title VI Coordinator will acknowledge receipt of the complaint and may, at his/her discretion, meet with the complainant to discuss the complaint. Within 15 calendar days of the meeting, the Title VI Coordinator or his/her designee will respond in writing, and where appropriate, in a format accessible to the complainant. The response will explain the position of the City of Georgetown and offer options for substantive resolution of the complaint. If the complaint is related to transportation program and activities, then the City shall forward the complaint to TxDOT within 10 days of receipt. If the response by the Title VI Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager or his/her designee. Within 15 calendar days after receipt of the appeal, the City Manager or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. Basic Information: First Name: Last Name: City of Georgetown January-26 Title VI Plan Page 32 of 36 Address: Street Address: Address Line 2: City: State / Province / Region: Postal / Zip Code: Country: Home Phone: Cell Phone: Complaint Information Complaint and Filing Information to be used in the City of Georgetown investigation of complaint. 1. Please indicate at least one of the following as the basis of your complaint: • Age (Y/N): • Race (Y/N): • Gender (Y/N): • National Origin (Y/N): • Disability (Y/N): 2. What was the date and location of the alleged discriminatory action? • Date: • Location: 3. Please describe how you were discriminated against, explaining as clearly as possible why you believe your Title VI rights were violated. If necessary, attach additional pages. City of Georgetown January-26 Title VI Plan Page 33 of 36 4. If possible, please provide the name(s) of the individual(s) responsible for the alleged action described above. 5. Please provide the name(s) of person(s) whom we may contact for additional information to support or clarify your complaint. 6. Please explain what action or remedy you are seeking for the alleged complaint. 7. Is this complaint against the City of Georgetown? YES NO 8. Have you been in contact with a City employee regarding this complaint? YES NO If yes, do you have the name and contact information for that employee? 9. Have you filed a lawsuit regarding this complaint? YES NO 10. Have you filed this complaint with any of the following agencies? • U.S. Department of Transportation (Y/N): • U.S. Department of Transportation (Y/N): • U.S. Department of Justice (Y/N): • Federal Transit Administration (Y/N): • Texas Department of Transportation (Y/N): • Equal Employment Opportunity Commission (Y/N): • Other (Y/N): City of Georgetown January-26 Title VI Plan Page 34 of 36 Certification I certify that all the information contained in this complaint is true and correct to the best of my knowledge. Signature Date If you are completing the form for another person(s) as an Authorized Representative, please provide and certify the Authorized Representative Information: Authorized Representative Information: Name: Phone Number: Signature Date City of Georgetown January-26 Title VI Plan Page 35 of 36 Appendix 8 - Complaint Log All Title VI Complaint records will be retained for a minimum of three years. Name Address Email iling Date Status January-26 Page 36 of 36