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HomeMy WebLinkAbout2025-2026 Annual Report with AssurancesDocusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 r WSDOT Report for July 2025 through June 2026 This outline is for LPA and other governmental entities to report Title VI activities that occurred over the past year and report Title VI goals for the upcoming year. Reports must be returned on or before due date to meet eligibility requirements for federal funding. Send to TitleVl@WSDOT.wa.gov DUE DATES: Refer to Section 28.3 for scheduled reporting period and due date Contact Information Name and title of administrator (signature on Standard Assurances): Robert Putaansuu, Mayor Mailing Address: 216 Prospect Street City: Port Orchard WA Zip Code: 98366 County: Kitsap Phone #: 360.876.4407 email address: rputaansuu@portorchardwa.gov Name and title of head of transportation -related services: Denis Ryan, Public Works Director Mailing Address: 216 Prospect Street City: Port Orchard WA Zip Code: 98366 County: Kitsap Phone #: 360.876.4407 email address: dryan@portorchardwa.gov Name and title of designated Title VI coordinator*: Brandy Wallace, City Clerk Mailing Address: 216 Prospect Street City: Port Orchard WA Zip Code: 98366 County: Kitsap Phone #: 360.876.4407 email address: *When the Title VI coordinator changes, notify TitleVl@WSDOT.wa.gov within 30 days. To comply with Title VI requirements, each annual report submission must include signed Standard Assurances (USDOT1050.2A). Accomplishments 1. Have there been any changes to the approved Title VI Plan that have not been reported to OECR? No changes. 2. Organization, Staffing, Structure: Describe the Title VI Program reporting structure including the Title VI Coordinator, Administrative Head, and transportation -related staff. The list should include name, race, color, and national origin of each individual. Include the same details if your LPA has a volunteer or appointed board related to transportation decision making. Name Title Race/Color/National Department/Advisory Origin Board Rob Putaansuu Mayor/Title VI White Mayor Administrator Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 Page 2 of 12 Appendix 28.93 Denis Ryan Public Works Director White Public Works/Transportation Committee Chris Hammer City Engineer American (immigrant -not Public native/ first Works/Transportation peoples), 5th Committee generation Washingtonian, northern European ancestry (Denmark & Faroes, Norway) Brandy Wallace City Clerk/Title VI White, Caucasian Clerk/Administration Coordinator Debbie Lund HR Director/ADA White Administration Coordinator Nick Bond Director of White Community Community Development Development/ROW Rep. Scott Diener Councilmember White, US Origin Transportation Committee Mark Trenary Councilmember Caucasian Transportation Committee Eric Worden Councilmember Portuguese Transportation Committee Heidi Fenton Councilmember N/A Transportation Committee 3. Community Demographics: Using a map of the LPA's boundaries, describe the demographics of the LPA's service area (e.g., race, ethnicity, and national origin). List, by individual languages, the percentage of the population who is Limited English proficient. If the LPA's Limited English proficient population is 5% of the total population or 1,000 individuals, whichever is less, explain the Four -Factor Analysis by answering the statements listed on the next page. 3.1. Briefly describe the number of LEP persons served and languages spoken in the service area. To determine the number of LEP individuals in the City of Port Orchard, the City relies on the most recent data provided by the US Census Bureau to identify persons who have another primary language other than English. In this case, the most recent available data is from 2024. Other than English, the most common languages spoken within the City of Port Orchard are: Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 Page 3 of 12 Appendix 28.93 Spanish • 170 1.06% Other Asian/Pacific Islander 137 0.86% Vietnamese 42 0.26% Indo-European 38 0.24% Chinese/Mandarin/Cantonese 19 0.12% Korean 17 0.11% Tagalong inc. Filipino 15 0.09% German/West Germanic 13 0.08% Total Population 16,010 2.81% 3.2. Briefly describe the frequency of contact with LEP persons for services or projects (e.g., customer service interactions, public meetings, and contracts bidding and awarding). The City of Port Orchard does not currently possess information specifically relating to the frequency of interactions between LEP individuals and City staff or programs outside our Court and Police Department. However, we do have records for usage with the services we do have in place. In 2025, our Court provided translation services in 36 court hearings and 2 instances in the jail. Those services were primarily for Spanish interpretation. And since the start of its contract in January, the Police Department has utilized Language Line 14 times. 3.3. Briefly describe the importance of the program, activity, or service to the lives of LEP persons. The City of Port Orchard provides several services that are important to LEP individuals. These include Municipal Court services; police; utilities; and road services. The City prioritizes language access in programs related to law enforcement and our Court system. We would like to explore options for language access to more services. 3.4. Briefly describe current resources available for LEP persons and overall cost. The City uses different resources for its Police and Court. The Court uses a list of certified and registered court interpreters from the Administrative Office of the Courts database. They appear in person, zoom for court hearings (mainly zoom), and for client meetings with the attorneys in the jail or the attorney's office. The service is part of a larger partnership between Port Orchard, Bremerton, and Poulsbo Municipal Courts, which have a joint Language Access Plan specific to court services that can be found on our website. The Police Department started contracting in 2026 with Language Line Services, Inc., which offers on -demand interpretation in 240+ languages via phone, video, and mobile. They also offer face-to-face interpretation in 130+ languages onsite or by video as well as translation, testing, and training services. Both contracts are charged based on usage, but the Court receives some reimbursement through a grant program. Docusign Envelope ID: 2438BBA7-OF8E-8D40-816B-4879687316A1 Page 4 of 12 Appendix 28.93 Other departments within the City do not have separate translation services, however from time -to - time different departments have been able to utilize the Court's service. In addition to these resources, the City sometimes utilizes qualified staff to translate some documents or to converse directly with residents/program participants in their preferred language. To encourage this, the City has implemented a Bilingual Pay Incentive, which offers additional pay for qualified language skills. Lastly, the City also utilizes an embedded translation feature on its website. 4. Complaints: Provide a copy of the LPA's Title VI complaint log, including new Title VI complaints received during this reporting period and any still pending. Include the basis of the complaint (race, color, national origin) and describe the disposition (status/outcome). Complaint log included, no complaints received. 5. Planning: Describe the transportation planning activities performed this reporting period. Describe the actions taken to promote Title VI compliance regarding transportation planning, including monitoring and review processes, community involvement, their outcome or status. Include examples of community outreach. No formal plan activities other than annual limited update to comprehensive plan which includes City's transportation improvement plan. 6. Right-of-way actions: Describe activities during this reporting period associated with the purchase, sale, lease/use, or transfer of real property (related to highway transportation/public right-of-way use). Include demographic information of affected populations. For example, the race, color, national origin of affected property/business owner(s)/tenant(s). For the Bethel Road Phase 1, there are thirty-three properties that are being impacted by either partial fee takes and/or temporary easements. Of the properties, there are sixteen residential relocations and three business relocations. As of now, no demographic data was provided by the property owners or tenants and none of the businesses are certified by the Washington State Office of Minority and Women's Business Enterprises (OMWBE) or listed in a federal disadvantaged business registry. 7. Identify right-of-way appraisers and acquisition staff (used during this reporting period) by race, color, national origin. Project: City of Port Orchard — Bethel Road Phase 1 Consultant: Tierra Right of Way Services, Ltd. Address: 1222 State Avenue NE, Suite 201, Olympia, WA 98506 Appraiser: SH&H Valuation and Consulting Address: 3609 Market Place W, Suite 201, University Place, WA 98466 Review Appraiser: R.F. Duncan & Associates, Inc. Address: P.O. Box 12300, Olympia, WA 98508 Position Race and Ethnicity National Origin Project Manager (Tierra) Not Disclosed Not Disclosed Docusign Envelope ID: 2438BBA7-OF8E-8D40-816B-4879687316A1 Page 5 of 12 Appendix 28.93 Right of Way Agent (Tierra) Not disclosed Not disclosed Appraiser (R.F. Duncan) Not Disclosed Not Disclosed Review Appraiser (SH&H Valuation and Consulting) Not Disclosed Not Disclosed 8. Studies and Plans: Were any transportation studies (including environmental reviews) conducted or transportation plans completed during this reporting period? Identify the data source(s) and provide data summary (Title VI/Environmental Justice Analysis) relative to ethnicity, race, languages spoken, neighborhoods, income levels, physical environments, and/or travel habits. Explain how data was used in these studies/reviews/plans. Tremont 2/3 preliminary engineering study; Project page, story map, social media, and public council committee, council study session, and regular council meeting. Public comment was considered in evaluating alternatives and committee recommendation of a preferred alternative. Outreach was conducted to engage adjacent neighborhoods including those identified as disadvantaged. 9. Project Location and Design: Provide a list of construction projects that began during this reporting period. Using a map of the LPAs service area, identify project locations, and a brief description of the projects' benefits/burdens to affected populations. If possible, provide a map that overlays projects with the racial composition of affected neighborhoods. Sidney Nonmotorized improvement project- Extends sidewalks and bike lanes near an elementary school. Removes barrier for students walking and biking to school along corridor with higher density housing. Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 Page 6 of 12 Appendix 28.93 N + Sidney Non Motorizied CIP Project ORCHARD 4 R.5T7 nw P 'Y — Y7 � � �F �M l.'.. 1 .� i • ` A Legend July, 2026 `�4' '` COPOBoundary2023 SidneyNon Motorized CIP Project 0 0.5 t 2 M ie5 �(k Opportunity Zones Eligable Underprivileged Areas These are defined by programs that look at multiple indicators such as environmental exposure, historic inequities, access to services, health outcomes, and demographic vulnerability. Port Orchard does not meet these thresholds. Potential Opportunity Zones These are determined strictly by Census -based income and poverty levels. A census tract can qualify if it has: • A poverty rate of 20-25% or higher, or • Median family income below 80% of the area median. Using these economic measures, much of the city east of Highway 16 meets the criteria even though the area is not considered underprivileged under other frameworks. 10. Other Public Meetings: List other public meetings held during this reporting period. Identify efforts used to encourage citizen participation at those meetings. Detail dates, times, locations, attendance, and provide examples of outreach materials. The Transportation Committee meets the 4th Tuesday of each month at 4:45pm via Zoom. The public typically does not attend, but the public has the option to attend remotely. An agenda is posted the Friday before each meeting with topic and date information. The public is encouraged to Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 Page 7 of 12 Appendix 28.93 attend via Zoom, and can also provide comments and questions by contacting the Public Works department. Meetings are then posted to the City's YouTube channel. Regular City Council meetings are held the 2nd and 4th Tuesday of each month at 6:30pm. A work study meeting is held the 3rd Tuesday of each month at 6:30pm. All City Council meetings livestream to our YouTube channel and to the City's website through CivicPlus. Typically, all meetings have about 1 to 15 people in -person and via Zoom, and 1 to 12 people watching the YouTube live stream. Depending on the topic matter, we could have up to 30 attending. Meetings were held in -person and can also be watched virtually via Zoom. Citizens could attend by phone; by joining the meeting as an attendee through their computer, laptop, or phone; or come in person. Additionally, City Council holds monthly Coffee with Council events on the first Saturday of the month from 10am to 12pm and quarterly Town Hall Meetings at various locations around the City of Port Orchard. The public is encouraged to attend; these are in -person only. Efforts to encourage citizen participation includes Facebook postings, Linkedln, email distribution lists, and sometimes telephone calls or emails. Regular City Council meetings allow citizen comments at the beginning of the meeting for items on the agenda, and at the end of the meeting for any topic the citizen would like to discuss. Citizen comments are encouraged and extremely appreciated by the Mayor, Council, and staff. The public can provide comments on any agenda item which includes all transportation contracts, presentations, and discussions. Examples of Outreach Materials: Social Media: City of Port Orchard Government ... z..5li_re.s C, Megan Hansen O- June 9 ♦1 Tonight we have two public meetings convening. The first is the Utility Committee, which will be remotely at 4:30 p.m. On the agenda includes a presentation on the City... See more City Council Meets at 6:30 p.m. bp� Tuesday in Puc omme Welcome! 0 City Hall — 216 Prospect Street See insights and ads Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 Page 8 of 12 Appendix 28.93 Website (updated with new meeting dates): CityCOLlflC,il Town Halls City Council Vacancy Coffee with Council Council Meetings Council Meeting Agendas, Packets and Minutes Council Meeting Videos Council Advisory Committees Ad -Hoc Committee - Review of POMC 2.04 Upcoming Town Halts: Thursday, September 3 16-8 p.m. I Christian Life Center, 1780 Lincoln Port Orchard City Council � Ave SE (360) 876-4407 (360) 895-9029 (FAX) cltvhall'' ponorchardwa.gov Town Halls We are excited to begin hosting regular Town Halls throughout our community, bringing conversations with your elected officials directly to you. All elected officials, including the Mayor and Council will be in attendance. This is a great opportunity to learn about City initiatives, projects, and get answers to your questions. The goal is to bring your elected officials into more parts of the city and encourage residents to visit and experience neighborhoods they may not normally spend time in These meetings are intended to be comfortable, relaxed, and less formal than a council meeting. There will be an opportunity to talk openly about what's happening in Port Orchard. Email: Your campaign Coffee with Council! 10/4/2025 has been sent Constant Contact <noreply@constantcontactcom> To DOtyOerk Maaaox QTn�s sender noeephb,cn,tant,cntad.co,a js ream cothde your c,oanuanon. 0 t there see problems wan now tni: metope Is d,,piwed, dirk hereto new d m a web browse,. TOWN HALL j ,wrw�iwaiYA4 d.ilas.Ls t - Trt !11.. BO I t as"i` i+ r r «r. «mot_« c.1 Constant Contact Dear Jenine Floyd, Your campaign 'Coffee with Coundll 10/4/2025' was sent on 10/2/2025 around 1:03 PM EDT. Below is a copy of the message your subscribers received. See how your campaign is doing by visiting Reports inyour account to get real-time results and stats. Subject: Coffee with Council! 10/4/2025 0 CHARD . Coffee with Council is Saturday, October 4, 2025 Coffee with Council is this Saturday, October 41 Docusign Envelope ID: 2438BBA7-OF8E-8D40-816B-4879687316A1 Page 9 of 12 Appendix 28.93 Bring your questions and comments and join Councilmembers Diener, Morrissey, and Rosapepe for coffee and conversation Don't forget Coffee with Council happens every FIRST Saturday of the month We hope to see you there! City of Port Orchard 1216 Prospect Street I Port Orchard, WA 98366 US Unsubscribe Update Profile Constant Contact Data Notice 10.1. Identify members of the LPA's transportation planning and/or advisory groups by race, color, and national origin Please see organization list shown under #2 Organization, Staffing, Structure 10.2. Specify methods used to collect demographic information from the transportation -related public meetings. (Self -identification surveys, notes by staff, etc.) Include summaries of Public Involvement Forms collected at each meeting, listing the demographics of those who attended by meeting. The City's Title VI Public Involvement form is a voluntary form brought to transportation related meetings. No forms have been completed by the public during this reporting period. Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 Page 10 of 12 Appendix 28.93 10.3. List any language assistance services requested. For which languages? Who provided the service? In addition, list vital documents translated during the reporting period and identify the languages. No language assistance services were requested in this reporting year. 11. Transportation -related Construction and Consultant Contracts (if applicable): Briefly describe the process used to advertise and award construction contracts during this reporting period. Include the process for negotiating contracts (e.g., consultants). Sidney Nonmotorized Improvement Project Construction Contract. Construction projects advertised using the City's standard public contracting procedures, including posting notices on the City website, state procurement systems, and local media outlets. Bids were evaluated based on lowest responsive and responsible bidder requirements and adherence to Title VI contract provisions. 12. Describe the actions taken to promote construction contractor/consultant compliance with Title VI by construction contractors/consultants, including monitoring and review processes, and their outcomes/status (e.g. what Title VI language was included in contracts and agreements; were contractors and consultants reviewed to ensure compliance; what Title VI responsibilities are explained to contractors and consultants?) Advertisements and awards include notices and proposal/ bid checks, Project meetings, Review of progress billing, Interviews of subconsultant DBE's. During this reporting period, the City of Port Orchard promoted Title VI compliance by incorporating federal nondiscrimination language from the very beginning of the procurement process —starting with all Invitation to Bid documents and continuing through every construction and consultant contract. The City's standard Title VI provisions require contractors and consultants to comply with Title VI of the Civil Rights Act of 1964 and the nondiscrimination regulations in 49 CFR Part 21, which prohibit discrimination based on race, color, national origin, sex, age, disability, income level, and limited English proficiency. These clauses also require contractors to include the same nondiscrimination provisions in all subcontracts and to notify subcontractors and suppliers of their Title VI obligations. Contract language further affirms the City's right to access contractor records, requires reporting as necessary to demonstrate compliance, and outlines potential sanctions such as withholding payment or termination for noncompliance. Title VI requirements were also reviewed with contractors during pre -construction discussions to reinforce expectations for nondiscrimination throughout project delivery. These expectations were communicated consistently through bid documents, contract provisions, and meeting discussions to ensure contractors understood their responsibilities. No Title VI concerns or violations were reported during the period. 13. List construction, right-of-way, and consultant contracts with your LPA/MPO/entity for this report period with dollar value of each. Identify funding sources (federal, state, local, other), and how many were awarded to certified disadvantaged contractors (as a prime contractor/consultant). Bay Street Reconstruction Project (STPU, CDS, Commerce, Local) $14M, Consultant KPFF Bethel Lincoln Lundberg Round About Project (HSIP, Local), $4M, Consultant SC Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 Page 11 of 12 Appendix 28.93 Bethel Phase 1, Blueberry to Salmonberry (Local), $15M, Consultant SJC Sidney Non -motorized Improvement Project (State SRTS, Local), $3.2M, Consultant SJC, Contractor Active Tremont 2/3 Project; (State Ped Bike, Local) $732K, Consultant BHC Bay Street Reconstruction and Bethel Lincoln Lundberg RAB included DBE sub consultants. Bridge Inspection 2026 (Local) $28,400, Consulting Anderson Hill Roundabout Design (Local) $294,300, Consulting SR3/SR166 Gorst Vicinity Remove Fish Barriers Project — Design (Local) $85,000, Consulting SR3/SR166 Gorst Vicinity Remove Fish Barriers Project — Construction (Local) $515,000 None awarded to disadvantaged prime contractors/ consultants. 14. Education & Training: Describe actions taken to promote Title VI compliance through education and trainings, including monitoring and review processes, and their outcomes/status. 14.1. List Title VI training/webinars your Title VI Coordinator attended this reporting period. Include dates and entity that conducted the training. March 18, 2026, sponsored by WSDOT Local Programs Washington State Local Assistance Program 14.2. When was Title VI internal training provided to staff? Who conducted the training? What was the subject of the training? Provide the job titles and race/color/national origin of attendees. No Title VI internal training provided to staff for this reporting year. 14.3. List other civil rights training conducted locally. Provide dates and a list of participants by job title and Title VI role, if applicable. No other civil rights training conducted locally were provided for this reporting year. 15. Title VI Goals for Upcoming Year What area(s) of Title VI does your agency plan to focus on in the upcoming year? Describe by particular program area what your agency hopes to accomplish. Include any significant problem areas to focus on and plans to address those. In the upcoming year, the City of Port Orchard will continue to uphold its commitment to ensuring compliance with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. Our Title VI goals for the year are focused on three primary areas: Public Participation & Community Engagement Goal: Improve access to public information and encourage greater participation from traditionally underserved communities. Actions: • Increase outreach through community events, social media, and partnerships with local organizations that serve minority and low-income populations. Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A The City of Port Orchard (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 Washington State Department of Transportation (WSDOT), is subject to and will comply with the following: Statutory/Regulatory Authorities Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964); 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, 'for which the Recipient receives Federal financial assistance from DOT, including the Washington State Department of Transportation. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 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. 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 Federal -Aid Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The City of Port Orchard, 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 E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 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: Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 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. The Recipient will provide for such methods of administration for the program 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 City of Port Orchard 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 Washington State Department of Transportation 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 Washington State Department of Transportation. You must keep records, reports, and submit the material for review upon request to the Washington State Department of Transportation, 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. The City of Port Orchard 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. Department of Transportation under the Federal Highway Administration. This ASSURANCE is binding on Washington State Department of Transportation, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal -Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. City of Port Orchard (Name of Recipient) �.Signed by: b FDA PlnrMJA SlAAI Y Fs8a�p (Signature of Authorized Official) DATED: July 28, 2026 Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 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: 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, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 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. 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 Washington State Department of Transportation 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 Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 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 Washington State Department of Transportation 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, Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 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 the Washington State Department of Transportation 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. Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 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 Port Orchard will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United States Code, the Regulations for the Administration of Washington State Department of Transportation, 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 City of Port Orchard 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 City of Port Orchard 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 City of Port Orchard, its successors and assigns. The City of Port Orchard, 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 Port Orchard 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 (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].* (*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.) Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 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 City of Port Orchard 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: 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. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, City of Port Orchard 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 City of Port Orchard 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 Port Orchard 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.) C Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 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 City of Port Orchard 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 Non- discrimination covenants, City of Port Orchard 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, City of Port Orchard will there upon revert to and vest in and become the absolute property of City of Port Orchard 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.) D Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 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). Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 Page 12 of 12 Appendix 28.93 • Expand the use of virtual and in -person engagement tools to improve accessibility for residents without reliable transportation or internet access. Program Implementation & Equity in Service Delivery Goal: Ensure that planning, programming, and service delivery in transportation, utilities, and public works projects equitably serve all populations. Actions: • Review and update Title VI assessments in Capital Improvement Project (CIP) planning to consider impacts. • Incorporate equity analysis into grant application processes to ensure fair distribution of state and federal resources. Problem Areas and Plans to Address • Strengthen internal understanding and consistent implementation of Title VI responsibilities across departments. Actions: • Increase training opportunities on Title VI compliance and Limited English Proficiency (LEP) requirements for staff involved in public outreach, project development, and permitting. Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 City Clerk's Office �Of 216 Prospect Street Port Orchard, WA87 9-44067 ORCHARD citvclerk(a�portorchardwa.gov I (360) 876-4407 www.portorchardwa.gov • TITLE VI COMPLAINT FORM If you believe that you have been discriminated against because of your race, color, or national origin (including limited English proficiency), by agency programs or activities, you may file a formal complaint by completing this form and send by e-mail to cityclerk@portorchardwa.gov, or send by postal mail to Attn: City Clerk, 216 Prospect Street, Port Orchard, WA 98366 Your Name: Phone Number: Email: Best time of day to contact you about this complaint: ❑ 8am-10m ❑ 10am-fpm ❑ 1pm-4:30pm Your mailing address (Street/PO Box, City State, Zip) What was the alleged discrimination based on? Select all applicable: ❑ Race ❑ Color ❑ National Origin (Including limited English proficiency) Date of alleged incident: Agency or person(s) responsible for the alleged discrimination: Name City State Zip Phone Number Docusign Envelope ID: 2438BBA7-OF8E-8D40-816B-4879687316A1 City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 cityclerk(a�portorchardwa.gov 1 (360) 876-4407 www.portorchardwa.gov ORCHARD. Describe the alleged discrimination. Please explain what happened, why you believe it happened, and how you were discriminated against. Indicate who was involved. Be sure to include how you feel other persons were treated differently than you. Please attach any supporting documents to this form. Docusign Envelope ID: 2438BBA7-OF8E-8D40-816B-4879687316A1 City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 cityclerk(a�portorchardwa.gov 1 (360) 876-4407 www.portorchardwa.gov ORCHARD. What remedy are you seeking for the alleged discrimination? Please note that this process will not result in the payment of punitive damages or financial compensation. List any other persons that we should contact for additional information in support of your complaint. Please include their phone numbers, addresses, email addresses, etc. Name City State Zip Email Phone Number List any other agencies with whom you have filed this same complaint: Signature (required): Date: Docusign Envelope ID: 2438BBA7-0F8E-8D40-816B-4879687316A1 City Clerk's Office �Of 216 Prospect Street Port Orchard, WA87 9-44067 ORCHARD citvclerk(a�portorchardwa.gov I (360) 876-4407 www.portorchardwa.gov • CITY OF PORT ORCHARD TITLE VI COMPLAINT PROCEDURES If you believe that you have been discriminated against because of your race, color, or national origin, then you have the right to file a formal complaint within 180 days of the alleged incident. HOW TO FILE A COMPLAINT 1.Complete the Title VI Complaint Form, answering every question. 2.Submit the signed complaint to: City of Port Orchard Attn: City Clerk 216 Prospect Street Port Orchard, WA 98366 or email cityclerk@portorchardwa.gov The complaint will then be forwarded to the federal funding agency through Washington State Department of Transportation -Office of Equal Opportunity. Complaints may also be filed directly with: Washington Sate Department of Transportation Office of Equity and Civil Right Att: Complaints P.O. Box 47314 Olympia, WA 98504-7314 or email: oecrcomplaints@wsdot.wa.gov The federal funding agency is responsible for all decisions regarding whether a complaint should be accepted and investigated, dismissed, or referred to another agency. When the federal funding agency decides whether to accept, dismiss, or transfer the complaint, it will notify the complainant and the other agencies (as appropriate) as to the status of the complaint. These procedures do not deny you the right to file a formal complaint directly with the federal funding agencies or seek private counsel for complaints alleging discrimination. Federal law prohibits intimidation or retaliation against you of any kind. These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964 as amended and the Civil Rights Restoration Act of 1987, relating to any program, service, or activity administered by WSDOT as well as its sub -recipients, consultants, and contractors.