Title VI Plan

1. Title VI Policy Statement

It is the policy of The Northwest Seaport Alliance (NWSA) that no person 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 in any operation of the NWSA as provided by Title VI of the Civil Rights Act of 1964 and related statutes.

This policy applies to all operations of the NWSA, including its contractors and anyone who acts on behalf of the NWSA. This policy also applies to the operations of any department or agency to which the NWSA extends federal financial assistance. Federal financial assistance includes grants, training, equipment usage, donations of surplus property, and other assistance.

Prohibited discrimination may be intentional or unintentional and includes seemingly neutral acts that have a disparate impact on members of a protected class and lack a substantial legitimate justification. Harassment and retaliation are also prohibited forms of discrimination.

Examples of prohibited types of discrimination based on race, color, or national origin include:

denial to an individual any service, financial aid, or other benefit;
distinctions in the quality, quantity, or manner in which a benefit is provided;
segregation or separate treatment;
restriction in the enjoyment of any advantages, privileges, or other benefits provided;
discrimination in any activities related to highway and infrastructure or facility built or repaired; and
discrimination in employment.

Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 USC § 2000d and related statutes, 42 USC 4601 to 4655; 23 USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3 and 49 CFR part 21.

Signed: __________________________________ _______________, 20____

Northwest Seaport Alliance Date

2. Organization, Staffing, and Structure

Under a port development authority, The Northwest Seaport Alliance (NWSA) manages the container, breakbulk, auto, and some bulk terminals in Seattle and Tacoma. The Port of Seattle and the Port of Tacoma are public port districts, organized under provisions of the laws of the State of Washington, codified under Title 53 RCW. The two ports formed the NWSA, pursuant to and subject to Federal Maritime Commission oversight, and entered into an interlocal agreement with delegated powers exercised pursuant to the port joint powers statute (RCW 53.08.240) which expressly permits joint operation and investment outside of a port's district, and pursuant to RCW 39.34.030, the Interlocal Cooperation Act, and pursuant to RCW Chapter 53.57, which authorizes the ports to create a Port Development Authority to operate certain marine facilities jointly as the NWSA. The NWSA develops and leases marine cargo terminals to international carriers and does not provide direct services to the public like other forms of government (e.g., social services, permitting, law enforcement, parks and recreation etc.).

John Wolfe, NWSA CEO, 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 nondiscrimination is required of all NWSA employees, contractors, and agents pursuant to 49 CFR Part 21.

The NWSA created the role of Title VI Coordinator to ensure the implementation of and compliance with the Title VI program. The Title VI Coordinator duties are carried out by the Senior Manager of Labor and Employee Relations. The Grants Specialist, who reports to the Senior Planning Manager, may assist the Title VI Coordinator with grant-related tasks in support of the Title VI program.

The Title VI Coordinator is responsible for:

Submitting a Title VI plan and annual reports on the agency’s behalf;
Developing procedures for the prompt processing and disposition of complaints;
Investigating complaints, compiling a complaint log, and reporting to WSDOT;
Developing procedures for the collection and analysis of statistical demographic data collection, with special emphasis on race, color, national origin, and Limited English Proficiency;
Developing a program to conduct the Title VI Equity Analysis of the data for program areas to determine whether any action may cause disparate impacts or impose disproportionate burdens within the area of the action;
Conducting annual Title VI assessments of pertinent program areas;
Developing Title VI information for dissemination; and
Establishing procedures for resolving deficiency status and reducing to writing the remedial action agreed to be necessary.

Current organizational charts for the NWSA and the Port of Tacoma are attached. The NWSA contracts with the Port of Tacoma for Human Resources, Contracts and Purchasing, Information Technology, Engineering, local Government Affairs, and Environmental and Planning services.

Primary Program Area Descriptions & Review Procedures

Title VI Coordinator’s Responsibilities and Program Administration – As authorized by the Agency Administrator, the Title VI Coordinator is responsible for initiating, monitoring, and ensuring NWSA compliance with Title VI requirements as follows:

Program Area	General Description	Title VI / Nondiscrimination Concerns and Responsibilities	Review Procedures for Ensuring Nondiscrimination
Finance, Contracts, Purchasing, Public Records	Responsible for procurement solicitation, development, management, and administration of contracts for all departments covering purchases, purchased services, personal services, professional services, and public works. Ensure requests for proposals and bid packages, are competitively bid, equitable, and transparent. Selection of consultant firms, recommend award of construction contracts based on lowest responsive/responsible bidder, assist with final negotiation, award, and execution. Ensure compliance with contract provisions, including Equity and Social Justice Requirements. Responsible for the administration of all awarded grants.	Include Title VI assurance and provision language in all federally funded construction contracts. Periodically review documents and language to ensure compliance with current laws and regulations. Ensure that prime contractors and prime consultants with Disadvantaged Business Enterprises (DBE) requirements award contracted work to qualified DBEs, which perform commercially useful functions	Maintain vendor and contract data and documentation required for completion of the department’s Title VI Annual Report. Review of directives and operational guidelines to ensure Title VI compliance. Review and ensure all appropriate Title VI language is placed in bid announcements, requests for proposals and applicable contract documents.
Commercial, Real Estate	Manage and coordinate all aspects of procuring real estate consultant and appraisal services to ensure real property acquisition, disposition, and leasing process follows the 5^th Amendment of the Constitution, WSDOT and Local Agency Guidelines Manual, and all applicable local, state, and federal laws and regulations, including Title VI and Section 504 of the Rehabilitation Act of 1973.	Ensure equal opportunity in all aspects of procuring real estate consultant services and appraisal contracting. Utilize the current OMWBE directory identifying fee appraiser organizations when seeking services; maintain data on awards to minority and female appraisers and provide data to the department Title VI Coordinator. Adhere to departmental policy for apprising affected property owners, tenants, and others involved in real property. Ensure that appraisal standards and communications associated with the appraisal and negotiation operations result in equitable treatment. Help ensure compliance with Limited English Proficiency and Environmental Justice requirements for projects.	Ensure that regulatory standards and communications associated with real property acquisition result in equitable treatment. Ensure the preparation of deeds, permits and leases contain the appropriate Title VI clauses (Appendixes 2 and 3). Incorporate appropriate Title VI clauses and any applicable NWSA/Port policies and procedures into appraisal and communications standards to ensure negotiation operations result in equitable treatment. Support collection of demographic data as part of appraiser selection process.
Communications, Government Affairs	Responsible for public outreach, involvement, and communication support for the NWSA. Support NWSA departments to understand ongoing projects and communicate salient information to the public. Respond to media and public inquiries around ongoing NWSA projects.	Disseminate written program or project information to minority media and ethnic organizations, provide public service announcements for social and traditional media as warranted. Assist program and project managers and other staff in providing, as appropriate, EJ and LEP populations with useful access to information.	Assist Title VI Coordinator and other department staff to evaluate applicability of, and help comply with, Limited English Proficiency (LEP), Environmental Justice (EJ) requirements, and Title VI compliance for Northwest Seaport Alliance projects. Utilize and consider demographic data and other sources of information to help identify and address LEP, and EJ, issues, and Title VI compliance.
Engineering, Environmental, Planning	Administer the grants program. Perform legislative review, policy analysis and strategic planning. Review of development proposals of other jurisdictions or agencies, with respect to impacts to the NWSA. Manage design and construction of capital and expense projects in the Capital Investment Plan (CIP) projects. Oversee consultant contracts for planning, design, and construction. Develop consultant requests for proposals and construction bid packages. Manage facility assessments and recommend repair, maintenance, or upgrades. Obtain all necessary permits for projects. Analyze potential environmental issues and impacts. Oversee remediation of contaminated properties. Implement a habitat strategy. Implement an emission reduction program. Provide technical expertise on environmental policies, procedures, manuals, and training, and criteria aiming to reduce operational and project resource consumption and environmental impacts. Assist in integrating environmental considerations and regulatory requirements into operations and construction projects. Work with regulatory agencies to streamline the environmental permit process.	Coordinate with other agencies, including local, state, and federal agencies and regional organizations, to address freight mobility in King and Pierce Counties while accounting for all users of the system. Strive for participation of a cross section of various social, economic, and ethnic interest groups in any public planning process. Ensure that all aspects of the planning, design, and construction process comply with Title VI. Support public notification and make information accessible for public hearings and outreach meetings. Organize and manage regular meetings with the Puyallup Tribe of Indians (PTOI) staff to discuss upcoming projects, concerns, and operational issues, especially projects with ground disturbances and/or potential impacts on fisheries. These meetings result in detailed notes and summaries, and formal offers from the President of the Port of Tacoma elected Commission to the Chair of the PTOI inviting the Tribe to consult on projects (both those discussed at the quarterly meetings and any other projects for which the PTOI wishes to provide input.) Identify populations affected by a project and develop relationships in support of engaging in meaningful project discussions. Manage inclusive habitat stewardship program that both provides work opportunities to a broad range of local populations and public outreach on habitat and fisheries improvement efforts.	Review all policies, procedures, and contract language related to the inclusion of Title VI language, and to ensure nondiscrimination in compliance with 49 CFR part 21, and provisions for plans, programs, and projects. Monitor compliance with Title VI requirements in all aspects of the environmental process associated with plans and projects. The public involvement form will be used. Data collected in the form will provide information on what is impacting our community and will inform our planning, in compliance with 23 C.F.R. 200.9(b)(4). Review environmental analyses to assess economic and social impacts to ensure compliance with Title VI and Executive Order 12898. Assist the Title VI Coordinator to identify any potential Title VI environmental justice issues in plan, project, and program development Support collection of demographic information on workforce development program participants and populations affected by NWSA/Port projects To ensure dissemination of information and foster participation from affected populations, Port staff will place public notices in applicable general and minority media; select accessible locations and times for public hearings or meetings and arrange for translation services as needed, particularly for projects impacting predominantly minority communities.
Operations, Facilities Maintenance, Equipment Maintenance	Responsible for work that is planned and performed on a routine basis to maintain, preserve, and restore adequate level of service and the condition of pavement, signs, traffic signals, drainage, bridges, rockeries, and riverbanks. Aim to minimize the environmental impacts during maintenance and operations.	Monitor maintenance and operations activities and management practices to ensure nondiscrimination. Coordinate the gathering of information regarding Maintenance operations for the Annual Title VI Report.	Review activities and programs to assure that maintenance efforts and resources are applied uniformly and fairly.
Human Resources	Coordinate training on, compliance with, and enforcement of all applicable federal, state, and local laws and regulations, as well as our DEI, nondiscrimination, harassment prevention, violence prevention and similar policies, procedures, and guidelines.	Plan, facilitate, and assist with Title VI and related nondiscrimination training Compile statistical data for use by the Title VI Coordinator. Prepare annual Title VI Update Report. Facilitate, conduct, or make available Title VI and other nondiscrimination related training. Ensure all employees are notified of and have equal access to nondiscrimination and related training. Ensure staff is notified of external training provided by the National Highway Institute and the Washington State Department of Transportation. Ensure that no program participant is denied participation in, nor any employee is subjected to discrimination on the basis of race, color, national origin, or any other legally protected status.	Continually review programs, policies, procedures, and activities to ensure nondiscrimination in compliance with 49 CFR part 21 and to ensure that resources are applied uniformly and fairly to all staff, subrecipients, and program participants. Maintain program administration and data necessary for preparation and submission of all required reports. Review operational guidelines, vital documents, and directives to ensure compliance with all Title VI requirements.

Program Area

General Description

Title VI /

Nondiscrimination Concerns and Responsibilities

Review Procedures for Ensuring Nondiscrimination

Finance,

Contracts,

Purchasing, Public Records

Responsible for procurement solicitation, development, management, and administration of contracts for all departments covering purchases, purchased services, personal services, professional services, and public works.

Ensure requests for proposals and bid packages, are competitively bid, equitable, and transparent.

Selection of consultant firms, recommend award of construction contracts based on lowest responsive/responsible bidder, assist with final negotiation, award, and execution.

Ensure compliance with contract provisions, including Equity and Social Justice Requirements.

Responsible for the administration of all awarded grants.

Include Title VI assurance and provision language in all federally funded construction contracts.

Periodically review documents and language to ensure compliance with current laws and regulations.

Ensure that prime contractors and prime consultants with Disadvantaged Business Enterprises (DBE) requirements award contracted work to qualified DBEs, which perform commercially useful functions

Maintain vendor and contract data and

documentation required for completion of the department’s Title VI Annual Report.

Review of directives

and operational guidelines to ensure Title VI compliance.

Review and ensure all appropriate Title VI language is placed in bid announcements, requests for proposals and applicable contract documents.

Commercial, Real Estate

Manage and coordinate all aspects of procuring real estate consultant and appraisal services to ensure real property acquisition, disposition, and leasing process follows the 5^th Amendment of the

Constitution, WSDOT and Local Agency Guidelines Manual,

and all applicable local, state, and federal laws and regulations, including Title VI and Section 504 of the Rehabilitation Act of 1973.

Ensure equal opportunity in all aspects of procuring real estate consultant services and appraisal contracting.

Utilize the current OMWBE directory identifying fee appraiser organizations when seeking services; maintain data on awards to minority and female appraisers and

provide data to the department Title VI Coordinator.

Adhere to departmental

policy for apprising affected property owners, tenants, and others involved in real property.

Ensure that appraisal

standards and communications associated with the appraisal and negotiation operations result in equitable treatment.

Help ensure compliance with Limited English Proficiency and Environmental Justice

requirements for projects.

Ensure that regulatory standards and communications

associated with real property acquisition result in equitable treatment.

Ensure the preparation of

deeds, permits and leases contain the appropriate Title VI clauses (Appendixes

2 and 3).

Incorporate appropriate Title VI clauses and any applicable NWSA/Port policies and procedures into appraisal and communications standards to ensure negotiation operations result in equitable treatment.

Support collection of demographic data as part of appraiser selection process.

Communications, Government Affairs

Responsible for public outreach, involvement, and communication support for the NWSA.

Support NWSA departments to understand ongoing projects and communicate salient information to the public.

Respond to media and public inquiries around ongoing NWSA projects.

Disseminate written

program or project

information to minority

media and ethnic

organizations, provide

public service

announcements for social

and traditional media as

warranted.

Assist program and project managers and other staff in providing, as appropriate, EJ and LEP populations with useful access to information.

Assist Title VI

Coordinator and other

department staff to

evaluate applicability of, and help comply with,

Limited English

Proficiency (LEP),

Environmental

Justice (EJ)

requirements, and

Title VI compliance for Northwest Seaport Alliance projects.

Utilize and consider demographic data and other sources of information to

help identify and address LEP, and EJ, issues, and Title VI compliance.

Engineering, Environmental, Planning

Administer the grants program.

Perform legislative review, policy analysis and strategic planning.

Review of development proposals of other jurisdictions or agencies, with respect to impacts to the NWSA.

Manage design and construction of capital and expense projects in the Capital Investment Plan (CIP) projects.

Oversee consultant contracts for planning, design, and construction.

Develop consultant requests for proposals and construction bid packages.

Manage facility assessments and recommend repair, maintenance, or upgrades.

Obtain all necessary permits for projects.

Analyze potential environmental issues and impacts.

Oversee remediation of contaminated properties.

Implement a habitat strategy.

Implement an emission reduction program.

Provide technical expertise on environmental policies, procedures, manuals, and training, and criteria aiming to reduce operational and project resource consumption and environmental impacts.

Assist in integrating environmental

considerations and regulatory requirements into operations and construction projects.

Work with regulatory agencies to streamline the environmental permit process.

Coordinate with other agencies, including local, state, and federal agencies and regional organizations, to address freight mobility in King and Pierce Counties while accounting for all users of the system.

Strive for participation of a cross section of various social, economic, and ethnic interest groups in any public planning process.

Ensure that all aspects of the planning, design, and construction process comply with Title VI.

Support public notification

and make information

accessible for public

hearings and outreach

meetings.

Organize and manage regular meetings with the Puyallup Tribe of Indians (PTOI) staff to discuss upcoming projects, concerns, and operational issues, especially projects with ground disturbances and/or potential impacts on fisheries. These meetings result in detailed notes and summaries, and formal offers from the President of the Port of Tacoma elected Commission to the Chair of the PTOI inviting the Tribe to consult on projects (both those discussed at the quarterly meetings and any other projects for which the PTOI wishes to provide input.)

Identify populations affected by a project and develop relationships in support of engaging in meaningful project discussions.

Manage inclusive habitat stewardship program that both provides work opportunities to a broad range of local populations and public outreach on habitat and fisheries improvement efforts.

Review all policies, procedures, and contract language related to the inclusion of Title VI language, and to ensure nondiscrimination in compliance with 49 CFR part 21, and provisions for plans, programs, and projects.

Monitor compliance

with Title VI

requirements in all

aspects of the

environmental

process associated

with plans and projects. The public involvement form will be used. Data collected in the form will provide information on what is impacting our community and will inform our planning, in compliance with 23 C.F.R. 200.9(b)(4).

Review environmental analyses to assess economic and social impacts to ensure compliance with Title VI and Executive Order

12898.

Assist the Title VI Coordinator to identify any potential Title VI environmental justice issues in plan, project, and program development

Support collection of demographic information on workforce development program participants and populations affected by NWSA/Port projects

To ensure dissemination of information and foster participation from affected populations, Port staff will place public notices in applicable general and minority

media; select accessible locations and times for public hearings or meetings and arrange for translation services

as needed, particularly for projects impacting predominantly minority communities.

Operations, Facilities Maintenance, Equipment Maintenance

Responsible for work that is planned and performed on a routine basis to maintain, preserve, and restore adequate level of service and the condition of pavement, signs, traffic signals, drainage, bridges, rockeries, and riverbanks.

Aim to minimize the environmental impacts during maintenance and operations.

Monitor maintenance and operations activities and management practices to ensure nondiscrimination.

Coordinate the gathering of information regarding Maintenance operations for the Annual Title VI Report.

Review activities and programs to assure that maintenance efforts and resources are applied uniformly and fairly.

Human Resources

Coordinate training on, compliance with, and enforcement of all applicable federal, state, and local laws and regulations, as well as our DEI, nondiscrimination, harassment prevention, violence prevention and similar policies, procedures, and guidelines.

Plan, facilitate, and assist with Title VI and related nondiscrimination training

Compile statistical data for use by the Title VI Coordinator.

Prepare annual Title VI Update Report.

Facilitate, conduct, or make available Title VI and other nondiscrimination related training.

Ensure all employees are notified of and have equal access to nondiscrimination and related training.

Ensure staff is notified of external training provided by the National Highway Institute and the Washington State Department of Transportation.

Ensure that no program participant is denied participation in, nor any employee is subjected to discrimination on the basis of race, color, national origin, or any other legally protected status.

Continually review programs, policies, procedures, and activities to ensure nondiscrimination in compliance with 49 CFR part 21 and to ensure that resources are

applied uniformly

and fairly to all staff, subrecipients, and program participants.

Maintain program

administration and

data necessary for

preparation and submission of all required reports.

Review operational

guidelines, vital documents, and directives to ensure compliance with all Title VI requirements.

Review Procedures

NWSA assures that every effort will be made to ensure nondiscrimination in all programs and activities whether or not those programs are federally funded. Engineering and Contracts and Purchasing will review and monitor requirements through regular internal protocols which include, but are not limited to, bid evaluations, weekly progress meetings with contractors and consultants, and project submittals.

A. Consultants and Contractors

Specifications defining Title VI requirements based on USDOT 1050.2 (Standard Title VI Assurances) are included in contract documents with a requirement that these provisions be included in all amendments, supplements, and lower tier contracts entered into by the contractor. (Construction contract documents also include GSP 01-07.11 language relating to the Requirements for Nondiscrimination.) Goals are established for the participation of Disadvantaged Business Enterprises, when applicable.

After contract execution, the contractor is responsible for reporting requirements outlined in the contract, and adherence to all affirmative action and nondiscrimination provisions for itself and its subcontractors. When conducting Title VI compliance reviews of consultants and contractors, the NWSA will reduce to writing any recommended remedial actions agreed upon by NWSA staff and the consultant or contractor and will provide a copy of the letter to the consultant or contractor within a period not to exceed 45 days. Consultants or contractors placed in a deficiency status will be given a reasonable time, not to exceed 90 days after receipt of the deficiency letter, to voluntarily correct deficiencies.

B. Subrecipients

When a consultant or contractor fails or refuses to comply with Title VI requirements within the time frame specified by the NWSA, NWSA will submit to WSDOT and FHWA documentation and recommend that the consultant or contractor be found in noncompliance. A follow-up review will be conducted within 180 days of the initial review to determine if the consultant or contractor has complied with the Title VI Program requirements in correcting previously identified deficiencies. If the subrecipient refuses to comply, NWSA’s Engineering and Contracts and Purchasing Departments and WSDOT may, with FHWA’s concurrence, will initiate sanction per 49 CFR 21.

Data Collection/Reporting/Analysis

Hearings, meetings, and all project engagement opportunities are publicized (postcards, e-mail, websites, social media, etc.) to Pierce County residents. All printed and electronic communications are written in reader-friendly English and include information on how to access the materials in alternative formats or different languages. Environmental and Engineering staff will send notices and postcards to people in areas within a certain radius (usually 2,000’ to 4,000’) around project sites in keeping with Port of Tacoma Washington State Environmental Policy Act (SEPA) policy and City of Tacoma permit requirements.

Where the LEP population is 5% or 1,000 persons, whichever is less, vital documents will be translated, and interpretation services will be available to meet FHWA requirements. To meet FHWA requirements, we will provide contact information in multiple languages for how to get the materials in a different format.

Race, color, national origin, and LEP data will be collected during the reporting period when members voluntarily provide the requested information, using the Title VI Public Involvement form. To support communication with LEP individuals, the Port of Tacoma and NWSA will provide language interpretation and translation services through HolaDoctor, a pay-per-use service available for Port and NWSA staff to use as needed upon receiving a call or other communication from a non-English speaker. This service will also meet the need for translation of Port or NWSA written business documents. HolaDoctor services include real-time telephone, video-remote, and onsite interpretation, in addition to written document translation into more than 200 languages.

The NWSA will provide closed captioning of the public meetings of the Managing Members, a service included in the scope of the five-year contract for video production and web streaming services awarded and approved by the Managing Members in June of 2024. Real-time captioning was launched at the July 2024 public meeting of the Managing members. Closed captioning in English benefits the Deaf and Hard-of-Hearing communities as well as LEP individuals. English transcripts of public meetings help community members for whom English is a second language by providing a written document to review and absorb at their own speed versus following live at the speech rate of the speakers. Additionally, the NWSA is working with its web hosting contractor to determine the viability of providing translation of public meeting transcripts into Korean, Japanese, Arabic, and Spanish, languages chosen due to their prevalence within the trucking community. Staff are exploring the addition of Vietnamese, Russian, and Chinese (to be inclusive of the top five non-English languages by population, which are Spanish, Vietnamese, Russian, Korean, and Chinese.) These translation efforts are underway as of October 2024.

Statistical data on race, color, national origin, and LEP of participants in and beneficiaries of federally funded programs, e.g. impacted citizens and affected communities, will be gathered and maintained by the by the NWSA on a project-by-project basis. In addition, the NWSA will use surveys, questionnaires, and/or census data and maps to perform the following analyses:

Identify the population benefiting from the project, including analyzing the benefits to traditionally underserved populations, if any.
Identify the population burdened by the projects, including analyzing the burdens to traditionally underserved populations, if any.
Perform a language needs assessment and any need for LEP assistance.
Determine how best to share information to the affected public.
Determine how best to prioritize investments and analyze the impact.

Program Area	Type of Data Collected & Process for Collecting	Intended Outcome of Data Analysis (i.e. Title VI Purpose for Collecting the Data)
Construction and Consultant Contracts Finance, Contracts, Purchasing, & Public Records	Race, color, national origin, and LEP data will be collected at applicable community meetings and public hearings, meetings, and sessions through use of a voluntary self-reporting form. With the implementation of Microsoft Dynamics 365 in 2024, the Finance, Contracts, Purchasing, & Public Records department will have expanded to access to diversity data when available.	The Port and NWSA will track and document race, color, national origin, and LEP data to support compliance with Title 49 Code of Federal Regulations (CFR) Part 26 to ensure that Disadvantaged Business Enterprises, including minorities, have an equal opportunity to receive and participate in federally assisted contracts. Requests for Quotations and Requests for Proposals for professional services, including architectural and engineering, are publicly advertised in the Daily Journal of Commerce at https://www.djc.com. Project Managers will review relevant information on all federally funded projects. All federal construction contracts and all bid packages will include appropriate language, goal setting programs, and monitoring to address the use of minority firms in capital construction. Staff will analyze data and information collected and take prompt and effective remedial action to eliminate discrimination when found.
Outreach and Communication Communications, Government Affairs	ACS 5 Year Estimate Demographic and Housing Estimates provided by the U.S. Census Bureau	Demographic Data - Demographic data will be collected and evaluated to determine current LEP populations, and all outreach and communication efforts will be adjusted appropriately to ensure the needs of changing populations are met.
		Direct Mailings and Other Written Communications – Currently Spanish, Vietnamese, Russian, Korean, and Chinese speaking residents are the largest LEP populations in Tacoma, WA. Direct mailings and other written communications will be translated or made available to impacted LEP residents based on the demographic or as requested.
Language Access	Interpretation Services	To support verbal communication with LEP individuals, the Port of Tacoma and NWSA will provide language interpretation services through HolaDoctor, which is a pay-per-use service available for Port and NWSA staff to use as needed upon receiving a telephone call or other verbal communication from a non-English speaker. Available services include real-time telephone, video-remote, and onsite interpretation.
Language Access	Translation Services	All NWSA web pages will provide real-time translation of all content into numerous languages including all languages other than English, if spoken by at least five percent of the population or 1,000 people (whichever is less). The NWSA will identify vital documents and make those documents accessible to LEP individuals. Translation of all ‘vital documents’ will be made available upon request.

Title VI Training

Plans for NWSA/Port of Tacoma Title VI staff to attend NHI, FHWA, and/or WSDOT training:

In keeping with adopted nondiscrimination policies, organizational procedures will be followed to ensure that appropriate NWSA/Port of Tacoma employees have equal access to applicable educational and training opportunities. NWSA/Port of Tacoma project managers and other relevant staff will maintain program administration documentation and data necessary for the preparation of the annual Title VI reports and will routinely supply the necessary data to the Title VI Coordinator.

The Title VI Coordinator is responsible for overall Title VI related training. The coordinator, with support from other staff as appropriate, will organize or conduct a minimum of one internal Title VI training session annually for NWSA and Port of Tacoma departments, offices, and contractors. Additionally, the Title VI Coordinator will organize and facilitate the provision of Title VI training sessions for consultants, contractors, and subcontractors on a need-to-have basis. WSDOT’s Office of Equity and Civil Rights may be asked to provide applicable training.

Title VI Complaint Procedures

In addition to the information below, the NWSA Non-Discrimination/Title VI Policy can be found on the NWSA public website at: https://www.nwseaportalliance.com/about-us/careers/non-discrimination-policy-title-vi

Any person who believes that they have, individually or as a member of any specific class of persons, been subjected to discrimination on the basis of race, color, national origin, or Limited English Proficiency (LEP) may file a complaint within 180 days of the date of the alleged discrimination.

NWSA Discrimination Complaint Procedure

Federal law prohibits discrimination on the basis of race, color, or national origin in any NWSA program, service, or activity. This prohibition applies to all branches of the NWSA, its contractors, consultants, and anyone else who acts on behalf of the NWSA.

Complaints related to the Federal aid programs may be filed with the NWSA and will be forwarded to WSDOT’s Office of Equity and Civil Rights. If you need assistance to file your complaint or need interpretation services, please contact the NWSA’s Title VI Coordinator.

Who is eligible to file a complaint?

Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any NWSA program, service, or activity because of their race, color, or national origin may file a complaint.

Discrimination includes lack of access, harassment, retaliation and disparate impacts from a program or activity. Harassment includes a wide range of abusive and humiliating verbal or physical behaviors. Retaliation includes intimidating, threatening, coercing, or engaging in other discriminatory conduct against anyone because they filed a complaint or otherwise participated a discrimination investigation.

How do you file a complaint?

Complaints must be filed no later than 180 days from the last date of the alleged discrimination. Contact the NWSA’s Title VI Coordinator if you believe your complaint may fall outside this deadline.

Reasonable efforts will be made to assist persons with disabilities, non-English speakers, and others unable to file a written complaint. For assistance in filing a complaint, please contact the NWSA’s Title VI Coordinator.

Unless an accommodation is requested and approved by the NWSA’s Title VI Coordinator, complaints must be in writing, signed or attested, and may be filed by mail, fax, via the NWSA website, in person, or by email. If a complainant phones the NWSA with allegations, the allegations of the complaint will be transcribed as provided by phone and then the written complaint will be sent to the complainant for correction and signature.

A complaint should contain the following information:

The complainant’s contact information, including, if available: full name, mailing address, phone number (and best time to call), and email address (if available);
The basis of the complaint (e.g., race, color, national origin);
The names of specific person(s) and/or agencies/organizations alleged to have discriminated;
A description of the alleged discriminatory actions, meaning 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.

All Title VI complaints are logged. The Complaint log must contain the following information for each complaint filed:

The name and address of the person filing the complaint.
The date of the complaint.
The basis of the complaint.
The disposition of the complaint.
The status of the complaint.

The Complaint Log and documentation are destroyed four years after the end of the fiscal year in which the case is closed.

The NWSA then forwards complaints to WSDOT’s Office of Equity and Civil Rights processing by FHWA. WSDOT investigates complaints only if delegated by FHWA after acceptance of a complaint. FHWA is responsible for all determinations regarding whether to accept, dismiss, or transfer the complaint and finding no violation or failure to comply.

Complainants have the right to file a complaint directly with the federal funding agency. The following address is where Title VI complaints may be filed directly with FHWA:

Federal Highway Administration
U.S. Department of Transportation Office of Civil Rights
8th Floor E81-105
1200 New Jersey Avenue, SE
Washington, DC 20590

CivilRights.FHWA@dot.gov

What happens after a complaint is filed?

If your complaint is forwarded to another agency, you will be provided the name and contact information of the employee handling your complaint.

Federal law prohibits retaliation against individuals because they have filed a discrimination complaint or otherwise participated in a discrimination investigation. Any alleged retaliation should be reported in writing to the investigator.

FHWA will render final decisions in all cases including those investigated by WSDOT. There are no administrative appeal forums in Title VI complaints. Once FHWA issues its final agency decision, a complaint is closed.

There is no prohibition against a complainant filing a Title VI complaint simultaneously with an LPA, WSDOT, and FHWA.

Title VI Complaint Form

Please complete this form to the best of your ability. If you need translation or other assistance, contact the Senior Manager, Labor & Employee Relations by calling 1-800-657-9808.

Name: _____________________________________________________________

Address: ______________________________________City: _________________ Zip: _________________

Phone: Home_______________________

Work _______________________Mobile_________________________

Best time of day to contact you about this complaint: _________________

Email: _____________________________________________________________

Basis of Complaint (circle all that apply):

Race

Color

National Origin (including Limited English Proficiency)

Date of alleged incident: ____________________________________

Who discriminated against you?

Name ____________________________________________________________

Name of Organization ____________________________________________________

Address________________________________ City________________ Zip________

Telephone_____________________________

Explain what happened, why you believe it happened, and how you were discriminated against. Indicate who was involved. Be sure to include how other persons were treated differently than you. If you have any other information about what happened, please attach supporting documentation to the form. (Attach additional pages if more space is needed.)

______________________________________________________________________

_____________________________________________________________________

______________________________________________________________________

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 list their names, phone numbers, address, email address below.

______________________________________________________________________

Have you filed your complaint, grievance, or lawsuit with any other agency or court?

Who ______________________________________ When ______________________

Status (pending, resolved, etc.) _________________ Result, if known ______________

Complaint number, if known _________________________________

Do you have an attorney in this matter? _____________

Name (print) _________________________________ Phone____________________Address___________________________________ City______________________ Zip_______

Signed __________________________________________Date__________________

Public Participation

The NWSA engages in and supports meaningful community engagement with and through the homeports of Seattle and Tacoma, which each have community engagement goals, processes, programs, and teams in place.

The NWSA is committed to nondiscrimination through equitable and inclusive public engagement and involvement, promoted by:

Inviting participation of a cross section of the populace by disseminating written program information to minority media and ethnic organizations and providing public service announcements and press releases for all local media whenever opportunities for public participation are identified.
NWSA staff will collect demographic data at applicable community meetings, public hearings, and work sessions using the voluntary Public Involvement form. Copies of the completed forms will be provided to Title VI Coordinator after each meeting.
Demographic data collected will be compared to the demographics of the service/project area to determine whether representation was proportional. Project Managers will address discrepancies with representational public participation for modifications and improvement to public participation plans.
To maximize accessibility of public meetings, evening meetings will be conducted in a variety of communities, located throughout the affected geographic area as appropriate including those along transit routes.

Limited English Proficiency

The NWSA will assess translation, and interpretation needs according to the four-factor analysis:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee:

According to the US Census Bureau data for Tacoma, WA (American Community Survey Table C16001), out of the total Tacoma population of 208,463, the top five populations that speak English "less than very well" are, in descending order:

1. Spanish (3,603 people/1.72 percent)

2. Other Asian and Pacific Island languages (2,527 people/1.21 percent)

3. Vietnamese (2,254 people/1.08 percent)

4. Russian, Polish and other Slavic languages (1,486 people/.71 percent)

5.a Korean (798 people/.38 percent)

5.b Chinese (794 people/.38 percent)

Korean and Chinese are both included because they are approximately equal in number.

2. The frequency with which LEP individuals come into contact with the program:

The NWSA develops and leases marine cargo terminals to international carriers and does not provide direct services to constituents like other forms of government. Nonetheless, the NWSA will track and assess contacts with LEP persons, including documenting phone, in-person, and email inquiries requesting interpretation and translation services for languages other than English, and requesting voluntary completion of Public Involvement forms during public meetings and events.

3. The nature and importance of the program, activity, or service provided by the program to people's lives:

NWSA capital projects have the potential to affect peoples’ lives, especially near-port communities in both the Seattle and Tacoma harbors. NWSA projects include, for example: cargo terminal modernization and expansion, infrastructure improvements to support safer and more efficient drayage trucking operations in the NWSA gateway, shore power on marine terminals to reduce air pollution, and projects that remove or reduce barriers to aquatic organism passage and reduce flooding risk. Other NWSA projects and programs have broader economic effects; marine cargo operations through the NWSA provide significant jobs and revenue to Washington State, a state in which 40% of jobs are tied to trade.

4. The resources available to the grantee/recipient or agency, and costs:

All NWSA webpages feature a UserWay accessibility ‘widget’ called Live Site Translator. This feature provides real-time translation of all website content into various languages (including all six languages specified in Section XI.1 above), fully compliant with the most recent industry standard for core processes, resources, and other aspects necessary for delivering quality translation services (currently ISO 17100:2015). In addition, all written communications determined to be ‘vital documents’ will be translated into languages other than English spoken by more than five percent of the population or 1,000 persons (whichever is less). Because populations fluctuate over time, the NWSA will review the relevant American Community Survey of the U.S Census Bureau data no less than once each year and adjust its translations as appropriate.

NWSA staff will be offered training on how to access and effectively use the NWSA’s interpretation service vendor.

The NWSA will budget annually to ensure adequate funding for the added costs of training, translation of vital documents, and interpretation services.

Environmental Justice

The NWSA/Port of Tacoma will fully comply with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Population) to achieve environmental protection for all communities.

In accordance with E.O. 12898, the NWSA/Port of Tacoma will:

identify and address the disproportionately high and adverse human health or environmental effects of their actions on minority and low-income populations, to the greatest extent practicable and permitted by law.
develop a strategy for implementing environmental justice.
promote nondiscrimination in federal programs that affect human health and the environment, as well as provide minority and low-income communities access to public information and public participation.

The NWSA/Port of Tacoma work to address environmental justice prior to and throughout the project lifecycle and in the decision-making processes. Before individual capital projects are initiated, a project review process begins early in the conceptual design phase. Early and ongoing project review is informed by an understanding of the project constituents, constituent interests, and demographic information obtained by maintaining close relationships with near-port neighbors and census data. Before a project begins, the NWSA will develop a demographic profile including the LEP population of the community that may be potentially impacted by the project. For non-exempt projects with federal funds, additional constituent information is provided via EJ documentation for NEPA.

The EJ review uses information within a half mile of the project from the U.S. Environmental Protection Agency (EPA). EPA will provide an environmental justice screening and mapping tool, known as EJSCREEN. In addition to EJSCREEN, NWSA/Port of Tacoma Title VI equity analyses and EJ analyses may be informed by additional demographic tools such as the US Census and the Washington State Environmental Health Disparities Map Tool. The project EJ review also includes data from the nearest public school using the Washington State Office of Superintendent of Public Instruction Washington State Report Card. Project sites are visited to help identify potential sensitive receptors to minimize potential impacts. Physical environments are reviewed/documented by environmental professional staff to identify critical/sensitive areas, potential project impacts, and future mitigation. Traffic analyses will include information on neighborhoods near the impacted haul routes.

Notice of Title VI Rights

Notice is posted on the NWSA website: https://www.nwseaportalliance.com/about-us/careers/non-discrimination-policy-title-vi

Your Rights against Discrimination under Title VI of the Civil Rights Act of 1964

The NWSA hereby gives public notice that it is the Agency’s policy to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations in all programs and activities. Title VI requires that no person shall, on the grounds of race, color, or national origin be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Federal Aid Highway program or other activity for which Agency receives federal financial assistance.

Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with the NWSA. Any such complaint filed with the NWSA Title VI Coordinator within 180 days following the date of the alleged discriminatory occurrence. Title VI discrimination Complaint Forms may be obtained from the NWSA Human Resources office at no cost to the complainant, or complaints may be filed online via the NWSA website.

To file a Title VI discrimination complaint, contact either:

The Northwest Seaport Alliance

Attention: Human Resources

NWSA Title VI Coordinator

P.O. Box 2985

Tacoma, WA 98401-2985

Phone: 1-800-657-9808

Washington Department of Transportation

Office of Equity and Civil Rights - Title VI

Box 47314

Olympia, WA 98504-7314

Email: TitleVI@wsdot.wa.gov

Phone: 360-705-7090

ATTACHMENT:

USDOT 1050.2A, Standard Assurances with Appendices

Downloadable PDF

NWSA Title VI Plan