Title VI Nondiscrimination Plan

Introduction

City of Waco, as a recipient of federal financial assistance, will ensure full compliance with Title VI of the Civil Rights Act of 1964; 49 C.F.R. Part 21 (Department of Transportation Regulations for the Implementation of Title VI of the Civil Rights Act of 1964); and related statutes and regulations. City of Waco acknowledges it is subject to and will comply with Federal Highway Administration Title VI Assurances.

This plan explains how City of Waco incorporates the requirements of Title VI and related legal authorities into its operations. The plan will be used as a reference for City of Waco and an informational resource for the public. The plan will be updated every 3 years to reflect changes in Title VI compliance operations.

Statement

The City of Waco, 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, national origin, sex, age, religion, or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any Department programs or activities.

Bradley Ford,
City Manager
9/8/2025

Assurance

The City of Waco (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/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) and Civil Rights Restoration Act of 1987 (Public Law 100-259);
• 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 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.

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 49 USC§§ 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 Department of Transportation programs 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:
   1. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
   2. 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.
   1. 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
   2. 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, 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. Recipient also recognizes that it must comply with any program or compliance reviews, and/or complaint investigations conducted by the U.S. DOT. Recipient 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, Recipient must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

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.

Bradley Ford,
City Manager
9/8/2025

Discrimination under Title VI

It is the responsibility of every City of Waco employee to prevent, minimize, and eradicate any form of discrimination. There are two types of discrimination prohibited under Title VI and its related statutes: (1) disparate treatment that alleges similarly situated persons are treated differently because of their race, color, national origin, age, sex, religion, or disability (i.e., intentional discrimination); and (2) disparate impact/effects when a facially neutral policy, procedure, or practice results in different or inferior services or benefits to members of a protected group. The focus of disparate impact is on the consequences of a decision, policy, or practice rather than the intent.

Prohibited forms of discrimination may include, but not be limited to, the following:

• The denial of services, financial aid, or other benefits provided under a program;
• Distinctions in the quality, quantity, or manner in which a benefit is provided;
• Segregation or separation of persons in any part of the program;
• Restriction in the enjoyment of any advantages, privileges, or other benefits provided to others;
• Differing standards or requirements for participation;
• Methods of administration that directly or indirectly, or through contractual relationships would defeat or impair the accomplishment of effective nondiscrimination; or
• Discrimination in any activities or services related to a highway, infrastructure or facility built or repaired in whole or in part with federal funds.

City of Waco efforts to prevent such discrimination must address, but not be limited to, how a program or activity:

• Impacts the public;
• Provides accessibility;
• Provides equal access to benefits;
• Encourages participation;
• Provides services equitably;
• Initiates contracting and training opportunities;
• Investigates complaints;
• Allocates funding; and
• Prioritizes projects.

Authorities

The authorities applicable to City of Waco Title VI/Nondiscrimination Program include:

• 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 Civil Rights Restoration Act of 1987 (Public Law 100-259);
• 49 CFR Part 21 (entitled Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of The Civil Rights Act of 1964);
• 23 CFR Part 200 (FHWA’s Title VI/Nondiscrimination Regulations);
• 28 CFR Part 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); and,
• Texas Administrative Code §9.4, Civil Rights – Title VI Compliance

Organization and Staffing

The City Manager for the City of Waco is ultimately responsible for assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes, and has directed that non-discrimination is required of all agency employees, contractors, and agents pursuant to 23 C.F.R. Part 200 (FHWA) and 49 C.F.R. Part 21 (US DOT).

City of Waco has assigned the Employee Relations Coordinator to perform the duties of the Title VI Coordinator and ensure implementation of the City’s Title VI program. The position of Employee Relations Coordinator is located within the Human Resources Department.

The Title VI Coordinator is responsible for:

• Maintaining and updating the Title VI plan on the City’s behalf;
• Ensuring relevant City staff receive necessary Title VI training;
• Ensuring prompt processing of Title VI complaints and referral to Texas Department of Transportation;
• Developing procedures for the collection and analysis of statistical data;
• Developing a program to conduct Title VI reviews of program areas; and
• Developing Title VI information for dissemination internally and externally;

Position reporting structure:

• City Manager
  • HR Director
    • HR Employee Relations Manager
      • Title VI Coordinator

City of Waco Primary Program Areas

The City of Waco’s primary program areas include infrastructure, housing, community and parks development, public services, and transportation including airport services. Title VI considerations will be embedded in project planning, public outreach, data collection, and decision-making procedures. The City will evaluate procedures to determine the best course of action to conduct equity assessments and review proposed programs for potential disparate impacts. Public engagement strategies will include outreach to minority, low-income, and limited English proficiency communities. As part of the Title VI Nondiscrimination Plan, mechanisms for receiving and investigating complaints have been formalized and a staff training plan and internal reviews will support ongoing compliance and transparency. The plan will be reviewed and updated regularly as programs evolve and community needs change.

Data Collection and Analysis

To ensure nondiscrimination in all programs, services, and activities, the City of Waco is establishing processes for systematically collecting and analyzing demographic data to support equitable planning and decision-making. This data will help identify potential disparate impacts on protected populations under Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes. Initial efforts focus on identifying data sources and collection methods, such as U.S. Census data, surveys, and GIS mapping to better understand the racial, ethnic, income, and language diversity of the population. Data trends will be reviewed and analyzed periodically to detect disparities, to evaluate how future programs and services may impact different communities, and to prevent unintentional discrimination. The City will look for opportunities to incorporate this data into planning activities, including project development, service delivery, and public outreach.

Title VI Complaint Procedures

Scope of Title VI Complaints

No person or groups of persons shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all programs, services, or activities administered by City of Waco, and its contractors, on the grounds of race, color, national origin, age, sex, religion, or disability.

The scope of Title VI covers all internal and external activities of City of Waco.

The following types of actions are prohibited under Title VI protections (See 49 C.F.R. 21.5):

• Excluding individuals or groups from participation in programs or activities
• Denying program services or benefits to individuals or groups
• Providing a different service or benefit or providing them in a manner different from what is provided to others
• Denying an opportunity to participate as a member of a planning, advisory or similar body that is an integral part of the program
• Retaliation for making a complaint or otherwise participating in any manner in an investigation or proceeding related to Title VI of the Civil Rights Act of 1964

How to File a Formal Title VI Complaint

Any person(s) or organization(s) believing they have been discriminated against on the basis of the protected classes stated above by City of Waco or its contractors may file a Title VI complaint.

Discrimination complaints must be received no more than 180 days after the alleged incident unless the time for filing is extended by the processing agency.

Complaints should be in writing and signed and may be filed by mail, fax, in person, or e-mail. A complaint should contain the following information:

• A written explanation of the alleged discriminatory actions;
• The complainant’s contact information, including, if available: full name, postal address, phone number, and email address;
• The basis of the complaint (e.g., race, color, national origin, etc.);
• The names of specific persons and respondents (e.g., agencies/organizations) alleged to have discriminated;
• Sufficient information to understand the facts that led the complainant to believe that discrimination occurred in a program or activity that receives Federal financial assistance; and
• The date(s) of the alleged discriminatory act(s) and whether the alleged discrimination is ongoing.

Complainants are encouraged to submit complaints directly to the Texas Department of Transportation (TxDOT).

Complaints can also be filed by completing and submitting City of Waco’s Title VI Complaint Form or by sending an email or letter with the necessary information to:

City of Waco
Mailing: City of Waco, PO Box 1270, Waco TX 76701, Attn: Title VI Coordinator
Email: lheah@wacotx.gov
Phone: (254) 750-5693

If necessary, the complainant may call the phone number above and provide the allegations by telephone. The Title VI Coordinator will transcribe the allegations of the complaint as provided over the telephone and send a written complaint to the complainant for correction and signature.

Complaints can also be filed directly with the following agencies:

After submitting a complaint, the complainant will receive correspondence informing them of the status of the complaint within ten (10) business days from the City of Waco or other agency receiving the complaint.

Complaints received by City of Waco’s Title VI Coordinator are forwarded to the TxDOT Office of Civil Rights (OCR). TxDOT OCR will forward the complaint to the FHWA Texas Division Office, along with a preliminary processing recommendation. The FHWA Texas Division Office will forward the complaint to FHWA Headquarters Office of Civil Rights (HCR).

FHWA HCR is responsible for all determinations regarding whether to accept, dismiss, or transfer Title VI complaints. There are four potential outcomes for processing complaints:

• Accept: if a complaint is timely filed, contains sufficient information to support a claim under Title VI, and concerns matters under the FHWA’s jurisdiction, then HCR will send to the complainant, the respondent agency, and the FHWA Texas Division Office a written notice that it has accepted the complaint for investigation.
• Preliminary review: if it is unclear whether the complaint allegations are sufficient to support a claim under Title VI, then HCR may (1) dismiss it or (2) engage in a preliminary review to acquire additional information from the complainant and/or respondent before deciding whether to accept, dismiss, or refer the complaint.
• Procedural Dismissal: if a complaint is not timely filed, is not in writing and signed, or features other procedural/practical defects, then HCR will send the complainant, respondent, and FHWA Texas Division Office a written notice that it is dismissing the complaint.
• Referral\Dismissal: if the complaint is procedurally sufficient but FHWA (1) lacks jurisdiction over the subject matter or (2) lacks jurisdiction over the respondent entity, then HCR will either dismiss the complaint or refer it to another agency that does have jurisdiction. If HCR dismisses the complaint, it will send the complainant, respondent, and FHWA Division Office a copy of the written dismissal notice. For referrals, FHWA will send a written referral notice with a copy of the complaint to the proper Federal agency and a copy to the USDOT Departmental Office of Civil Rights.

Complaints are not investigated by City of Waco. FHWA HCR is responsible for investigating all complaints. FHWA HCR may also delegate the investigation to TxDOT OCR, who would then conduct all data requests, interviews, and analysis and create a Report of Investigation (ROI). TxDOT OCR will have sixty (60) business days from the date the investigation is delegated to prepare the ROI and send it to HCR. HCR will review the ROI and compose a Letter of Finding based on the ROI.

For further information about the FHWA investigation process and potential complaint outcomes, please visit the Questions and Answers for Complaints Alleging Violations of Title VI of the Civil Rights Act of 1964.

Complaint Log

City of Waco maintains a complaint log to document all activity related to the complaint. Information captured includes:

• Complainant’s name, and if provided, race, color, and national origin;
• Respondent’s name;
• Basis(es) of the discrimination complaint;
• Allegation(s)/Issue(s) surrounding the discrimination complaint;
• Date the discrimination complaint was filed;
• Date the investigation was complete;
• Disposition;
• Disposition date; and
• Other pertinent information.

Notice of Rights

In accordance with 23 CFR 200.9(a)(12), City of Waco is required to develop Title VI information for dissemination to the general public and, where appropriate, in languages other than English. Title VI posters are located in all City of Waco facilities open to the public, including but not limited to libraries, recreation centers, City Hall, and the City of Waco website.

Notification to Beneficiaries

City of Waco website is continuously updated to ensure Title VI information is readily accessible to the public. The website informs the public of their rights under Title VI and provides information on how to file a complaint. Title VI information available on City of Waco website includes:

• City of Waco Title VI/Nondiscrimination Plan
• Title VI and Related Statutes Nondiscrimination Statement
• Title VI Nondiscrimination Assurances
• Discrimination Complaint Process

Public Involvement

It is the goal of City of Waco to provide continuous, effective and transparent access to the public and all stakeholders. City of Waco strives to inform the public and all stakeholders about proposed plans and projects and seeks input when appropriate. City of Waco utilizes the following methods to communicate information regarding upcoming activities and opportunities for public and stakeholder participation in the planning process:

• NEWSLETTER/MAILINGS
• MEDIA RELEASES
• BOARDS & COMMISSIONS, PUBLIC NOTICES AND INFORMATION, CITY COUNCIL MEETINGS
• LOCAL COMMUNITY PUBLIC MEETINGS
• CITY OF WACO WEBSITE
• MPO WEBSITES
• SOCIAL MEDIA PLATFORMS

Traditionally underserved communities can find it more difficult to engage with decision making entities due to scheduling conflicts, lack of transportation to public involvement events, language barriers, lack of childcare, etc. Genuine public involvement takes place at all levels and so City of Waco aims to identify communities that may be affected by a project in order to plan appropriately and effectively for the potentially impacted groups. Sources of data used were listed above in the Data Gathering section.

City of Waco will use the following techniques to ensure that all members of the community have the opportunity to participate in the decision-making process:

• HOLDING MEETINGS AT DIFFERENT TIMES, DURING HOURS OTHER THAN 8 a.m. – 5 p.m., OR ON THE WEEKEND
• HOLDING MEETINGS AT LOCATIONS IN NEIGHBORHOOD LIKE SCHOOLS, COMMUNITY CENTERS, OR PARKS
• PROVIDING VIRTUAL OPTIONS, WHEN REQUESTED
• TRANSLATING DOCUMENTS INTO LANGUAGES OTHER THAN ENGLISH, WHEN REQUESTED
• HOLDING EVENTS ACCESSIBLE BY PUBLIC TRANSPORTATION

Limited English Proficiency

In accordance with Title VI of the Civil Rights Act of 1964, City of Waco is committed to ensuring meaningful access to programs and services for individuals with limited English proficiency (LEP). The City recognizes that effective communication is essential to providing fair and equitable service to community members and will take reasonable steps to provide language assistance, at no cost to the individual. These efforts help prevent discrimination based on national origin and promote full participation in City programs.

Individuals with Limited English Proficiency (LEP) are those who do not speak English as their primary language and have a limited ability to read, write, speak, or understand English as a result of their national origin. Under Title VI, these individuals may be entitled to language assistance with respect to a particular type of service, benefit, or encounter.

According to the U.S. Census Bureau’s 2023 American Community Survey, Waco, Texas has a population of approximately 132,294 people aged 5 and over.

• An estimated 102,885 individuals (77.8%) speak only English at home.
• About 29,409 individuals (22.2%) speak a language other than English at home.

Among those who speak a non-English language:

• Spanish is by far the most common, spoken by approximately 25,814 people (19.5% of the total population).
• Other Indo-European languages (such as French, German, or Hindi) are spoken by around 1,527 people (1.2%).
• Asian and Pacific Island languages (such as Chinese, Vietnamese, or Tagalog) are spoken by approximately 1,560 people (1.2%).
• Other languages are spoken by 508 individuals (0.4%).

These figures show that while the majority of Waco residents speak only English, over one in five people use another language at home—with Spanish being the predominant non-English language.

The City of Waco will assess how frequently it engages individuals with Limited English Proficiency (LEP), recognizing that this frequency may vary depending on the nature of City projects, events, and services. While general awareness of upcoming policies, programs, and initiatives is useful, the need for language access should be evaluated on a project-by-project basis, taking into account the scope, location, and potential community impact. Over time, these insights will support the City in making informed decisions regarding language assistance services.

The City of Waco also understands the importance of analyzing the City’s diverse population in relation to upcoming programs, activities, and services. Each situation will be assessed individually, and the City will take appropriate and reasonable action to ensure meaningful access to information and services for LEP populations.

The City of Waco will continue its ongoing efforts to ensure that LEP individuals have access to benefits, services, and information offered by the City. Efforts include:

• Maintaining a list of bilingual staff, including the languages they speak, and encouraging bilingualism by offering a pay incentive to employees who can interpret or translate.
• Using a translation tool on the City of Waco’s external website.

Individuals who need language assistance or have questions, should contact the Title VI Coordinator.

Training

City of Waco will ensure that its staff understands Title VI of the Civil Rights Act of 1964 and how it may apply to their work. The following options are available for providing training:

• Review of the City of Waco Title VI Plan at onboarding.
• Viewing the video Understanding and Abiding by Title VI of the Civil Rights Act of 1964 produced by the U.S. Department of Justice every three years for ongoing employment.

City of Waco will maintain records indicating that staff have received sufficient training on a periodic basis.

Appendices