Cathedral City
CATHEDRAL CITY
PUBLIC WORKS DEPARTMENT
TITLE VI IMPLEMENTATION PLAN
Adopted _, 2025
Table of Contents
Non-Discrimination Policy Statement. ....1
Non-Discriminatory Legislation........ ...2
Organization Structure ... ... 3
Title VI Coordinator....... ...3
Assistant Title VI Coordinator... ... 3
Title VI Specialist 3
Title VI Liaison. 4
Title VI Organization Chart.. 4
Complaint Procedure 5
Complaints Processed Under the Federal Highway Administration.. 5 Caltrans OCR Investigation Process 6
Title VI Outreach and Resources .... 7
Limited English Proficiency... 7
Title VI Information Dissemination.. 7
Environmental Justice. 8
Data Collection and Analysis... 8
Contract Documents and Agreements. 8
Training.. 9
Annual Work Plan ..9
Appendix.. ...10
A. Language Action Plan. ... 10
B. Notice to Public ... 13
C. Complaint Form ... 15
D. US DOT Title VI Assurances A-E ... 19
Non-Discrimination Policy Statement
The City of Cathedral City Public Works Department is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Cathedral City Public Works Department on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.
Funduct, person yal be sual led u lie is learner any real ride,, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.
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 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21.
John A. Corella Date
Director of Public Works
City of Cathedral City
Title VI Implementation Plan
City of Cathedral City
{1 }
Non-Discriminatory Legislation
Title VI of the Civil Rights Act of 1964 - Provides that no person in the United States shall, on Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) - Prohibits discrimination on the basis of sex by recipients and sub-recipients of Federal financia assistance.
Section 504 of the Rehabilitation Act of 1973 - Prohibits discrimination on the basis of disability by recipients and sub-recipients of Federal financial assistance.
The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) - Prohibits discrimination on the basis of age by recipients and sub-recipients or Federal financial assistance.
The Civil Rights Restoration Act of 1987 (Public Law 200-209) - Clarifies that the original intent of Congress in Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973 was to apply the non-discrimination statutes to all programs and activities of Federal- aid recipients, sub-recipients, contractors and vendors, whether all such programs are federally assisted or not.
Executive Order 12898 (Issued February 11, 1994) - Addresses Environmental Justice regarding minority and low-income populations and requires agencies to develop strategies to address disproportionately high and adverse human health or environmental effects of their programs on minority and low-income populations; promote nondiscrimination in federal programs substantially affecting human health and the environment; and provide minority and low-incom ommunities access to public information and an opportunity for public participation in matter relating to human health or the environment.
Title VI Implementation Plan
City of Cathedral City
2 H
Organization Structure
The Public Works Department Title VI program is a multi-tiered program in which multiple roles work toward the ultimate goal of assuring full compliance with the provisions of Title /I of the Civil Rights Act of 1964 and related statutes. The Public Works Department ha:
assigned the roles of Title VI Coordinator, Assistant Title VI Coordinators, Title V Specialist, and Title VI Liaisons to Public Works staff. The roles and responsibilities are as follows:
Title VI Coordinator
• Ensures that Public Works Department Title VI program up-to-date with all requirements set forth by the Federal Highway Administration (FHWA), California Department of Transportation (Caltrans), and any other applicable jurisdictions. • Maintains open line of communication with City Manager, City Council, and other City leadership positions as necessary to facilitate the Title VI Program requirements in a timely manner.
• Directs public works staff to coordinate and attend trainings, prepare required reports, create and distribute Title VI information for the public, and manage complaints per the Program's direction.
Assistant Title VI Coordinator
Assumes role and duties of Title VI Coordinator when the Coordinator is unavailable.
• Works directly with Title VI Specialist to ensure program compliance is met. • Ensures that all applicable staff are present for Title VI trainings and are following Title VI procedures through work with the public, contractors, and consultants.
Title VI Specialist
• Prepares and coordinates Title VI Plan and Annual Report submission. • Develops Title VI information for dissemination to public. • Ensures that Title VI Assurances have been incorporated into all Federal-aid Contracts and Agreements.
• Develops and coordinates Title VI training for managers, supervisors and staff with frequent public contract, on a two-year minimum basis.
Title VI Implementation Plan
City of Cathedral City
• Develops procedures for collection and analysis of statistical data of participants in, and beneficiaries of federally funded roadway projects. • Analyzes data collected to determine effectiveness of outreach methods to avoid group exclusion and encourage group participation.
• Develops complaint procedures, complaint log, and ensures that all applicable staff are properly trained in the complaint reporting procedures.
Title Vi Liaison
• Works directly with contractors, public stakeholders and other relevant parties to ensure that Title VI protections are maintained.
• Attends trainings as to maintain knowledge of current Title VI requirements. • Reports complaints through complaint procedure listed as part of Public Works Department Title VI Implementation Plan.
Incorporates required Title VI language into Federal-aid contracts and agreements Title VI Organization Chart
Public Works Director
Title VI Coordinator
Environmental
City Engineer Conservation & Public
Works Manager
Assistant Tile VI Coordinator Assistant Tale VI Coordinator Public Works
Engineering Analyst Analyst
Title VI Specialist Title VI Specialist
Fleet Public Works
Assistant Engineer Assistant Engineer
Coordinator Supervisor
Title VI Liaison Title VI Liaison Title VI Liaison Title VI Liaison Junior Engineer
Title Vi Liaison
Title VI Implementation Plan
City of Cathedral City
4 Complaint Procedure
The City of Cathedral City Public Works Department is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Cathedral City Public Works Department on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.
Any person that believes they have been discriminated against on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law by the Cathedral City's Public Works Department, its contractors, consultants or any other party that acts on behalf of the Public Vorks Department may file a Title VI complaint by completing and submitting the Public Vork's Department Title VI Complaint Form (Appendix C), which can be found displaye in the Engineering Division counter, Public Works Yard, and online at www.cathedralcity.gov/departments/engineering/title-vi.
The Public Works Department Title VI Specialist processes complaints received no more than 180 days after the alleged incident. The Title VI Specialist will only process complaints that are complete, which include at a minimum, the following:
• Complainant's contact information
• Date of alleged act of discrimination
• Details of the alleged discrimination
• The complainant's signature
Once the Title VI complaint is received, the Title VI Specialist will forward the complaint to Caltrans, to be submitted to the FHWA Division Office. The Title VI Specialist will also begin processing the complaint by entering said complaint into the Public Works Department Title VI Discrimination Complaint Log and conducting an internal investigation. Once a finding has been determined/received, the Public Works Title VI Specialist will provide said findings to the complainant within ten business days via letter and/or email.
In accordance with Cathedral City Personnel Rules, contractors employed by the city are covered under the personnel policy against discrimination, harassment, and retaliation.
Complaints received from contractors against the Cathedral City Public Works Department shall also be immediately notified to the Cathedral City Human Resources Manager. The Cathedral City Human Resources Department will investigate in accordance with Section 204.3 Complaint Procedures.
Complaints Processed Under the Federal Highway Administration Title VI complaints filed with Caltrans in which Caltrans is named as the Respondent will be forwarded to the FHWA Division Office. The Complainant will receive an Title VI Implementation Plan
City of Cathedral City
5 acknowledgement letter informing them that the complaint has been received and forwarded to the FHWA.
Per the FHWA Guidance Memorandum, Processing of Title VI Complaints, dated June 13, 2018, all Title VI complaints received by a sub-recipient (City of Cathedral City) are to be forwarded to Caltrans to be submitted to FHWA Division Office. Complaints should be sent within one business day of receipt via email to Title. [email protected]. If Headquarters Office of Civil Rights (HCR) determines a Title VI complaint against a sub-recipient can be investigated by Caltrans, HCR may delegate the task of investigating the complaint to Caltrans.
Caltrans OCR Investigation Process
If OCR is delegated the responsibility of performing an investigation, OCR has 90 days to investigate the complaint. If additional time is needed, OCR will call the Complainant and inform them.
If more information is needed to resolve the case, the OCR investigator may contact the Complainant. The Complainant has ten business days from the date of the letter to send the requested information to the investigator assigned to the case. f the investigator is not contacted by the Complainant or does not receive the additiona nformation within ten business days, OCR can administratively close the case. A case can be administratively closed also if the complainant no longer wishes to pursue their OCR with consult with HCR regarding the disposition of the complaint. Disposition of Title VI complaint will be undertaken by HCR, through either (1) informal resolution or (2) issuance of a Letter of Finding of compliance or noncompliance with Title VI. A copy of the Letter of Finding will be sent to all parties via the Division Office.
A person may also file a complaint directly with the FHWA and/or Caltrans with the following contact information:
Federal Highway Administration
U.S. Department of Transportation
Office of Civil Rights
1200 New Jersey Avenue, SE
gth Floor E81-104
Washington, DC 20590
California Department of Transportation
Office of Civil Rights
Attention: Title VI Program Branch
1823 14th Street, MS 79
Sacramento, CA 95811
[email protected]
Title VI Implementation Plan
City of Cathedral City
6 Should a complaint be filed with Cathedral City Public Works and one with a federal or state agency simultaneously, the federal/state complaint will supersede the City's complaint and the City's complaint procedures will be suspended pending the federal/state agency's findings.
Title VI Outreach and Resources
Table 1: Languages Spoken in Cathedral City's Residents Portion of Portion of
Group
Group's Group that Group That
Population Percentage Does Not
Speaks
(over 5 years
of English Very Speak English
old)
Language Spoken Population Well Very Well
English Only 23,809 48.8% 23,809 (100%) 0 (0%)
Spanish 22,663 45.8% 15,746 (69.5%) 6,917 (30.5%)
Other Indo-European 791 1.6%
Languages 584(73.8%) 207 (26.2%)
Asian and Pacific Island
2,122 4.3% 1,211 (57.1%) 911(42.9%)
Languages
Other Languages 143 0.3% 112(78.3%) 31(21.7%)
Total Population Above 5 Years 49,528 100% 41,462 (83.7%) 8,066 (16.3%) Source: US Census: American Community Survey 2023 5-Year Estimate https://data.census.gov/table/ACSST5Y2023.S1601?q=92234&t=Language%20Spoken%20at%20Home Limited English Proficiency
A Limited English Proficiency (LEP) person is a person that does not speak English as a primary language and has a limited ability to read, write, or comprehend English.
As shown in Table 1 above, 16.3% of residents in Cathedral City are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish (45.8% of the community). As outlined in the City's LEP Plan (Appendix A), the Public Works Department has conducted a LEP Needs Assessment, using a Four Factor Analysis to identify need and provide access to the LEP community.
Title VI Information Dissemination
In order to ensure that Title VI and related Civil Rights information is readily available to the public, the City will develop public notices consisting of posters, flyers, complaint forms and "I Speak" cards that are available in English and Spanish. The languages selected for the informational materials were based upon language data provided from the US Census; see Table 1 above. Said flyers and posters will be placed at the Engineering Division public counter and at the Public Works Yard, in a highly visible and accessible location. The public notices will also be available for viewing on the City's website, at www.cathedralcity.gov/departments/engineering/title-vi.
Title VI Implementation Plan
City of Cathedral City
Environmental Justice
In accordance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations), Public Works staff will development process to assess the environmental impacts of projects on the community.
The public's input and demographic data analysis will enable staff to develop measures to mitigate any potential adverse effects on minority and low-income populations.
Data Collection and Analysis
Demographic and related data collected and used by Public Works staff comes from governmental responsible for collecting and vetting the information for consistency and accuracy. These sources include, but are not limited to, the U.S. Bureau of Labor Statics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, and the California Employment Development Department.
Additionally, staff may also collect project-specific demographic data utilizing data collection as appropriate through the public outreach process on Federally-funded projects. Such outreach that may give staff the opportunity to collect demographic data may include door hangers, posters, emails, social media releases, press releases to local newspaper, public meetings, virtual meetings, and public comment through websites generated for projects.
Staff will analyze data collected to determine the effectiveness of outreach methods, to ensure that no group is excluded during the decision-making process or is not given an opportunity to voice their opinions or concerns. This can include recording complaints received and requests for interpretation and translation of information provided.
Contract Documents and Agreements
The Public Works Department Title VI Specialist will ensure that any Federally-funded • Required on all FHWA contracts and subcontracts valued greater than $10,000
• Title VI Assurances Appendix A-E
• Appendix A-E to be attached to Federal-Aid contracts
Additionally, Public Works staff will include the provisions indicated in the "Administering Assistance Program Manual (LAM) in contradis and agreements, were apicate.
Title VI Implementation Plan
City of Cathedral City
between the City and contractors.
The Public Works Department will continue to utilize the "Local Agency Construction Contract Administration Checklist" (Exhibit 15-A of the LAPM), which confirms that BE and labor/Equal Employment Opportunity (EEO) compliance requirements are performed and documented in the project files. Exhibit 15-A of the LAPM documents tha the local agency will meet all the requirements prior to the award of a construction Lastly, the Public Works Department will continue to utilize the "Resident Engineer's Construction Contract Administration Checklist" (Exhibit 15-B of the LAPM) on federal-aid projects. The checklist assists in administering federal-aid highway construction projects and provides a record that the EEO/Wage Rate/False Statements posters are bein osted at specific locations that employee interviews will be conducted in accordance wit the Labor Compliance/EEO interview form, and that DBE requirements are met. Public Works staff will continue to submit Exhibit 15-B, along with the Award Package shortly after award of the construction contract.
Training
The City of Cathedral City Public Works Department will provide Title VI and related will be conducted by the Title VI Specialist, online through presentations, or through trainings hosted by Caltrans. Additionally, links to Caltrans, FHWA, and other applicable agency resources for Title VI and related statutes will be posted on the City's website at www.cathedralcity.gov/departments/engineering/title-vi.
In particular, the following items will be covered in trainings:
• Review of Public Works Department Title VI Implementation Plan and other relevant documents
• Language assistance services and "I Speak Cards" offered for public use • How to handle potential complaints
• Where to seek assistance for Title VI questions and concerns Annual Work Plan
The City of Cathedral City Public Works Department will annually establish and monitor program goals and accomplishments. The Title VI Specialist will ensure that employee training is conducted, language translation services continue to be available, public participation is optimal, and appropriate Title VI signage is posted. This also includes updating community statistics and corresponding with state and federal agencies as necessary.
Title VI Implementation Plan
City of Cathedral City
9 Appendix A
LANGUAGE ACTION PLAN
The City of Cathedral City Public Works Department ensures that Federally-funded programs and ictivities normally provided in English are accessible to Limited English Proficient (LEP) Persons. Eac ocal agency shall perform an annual assessment to determine if modifications are needed to the programs and activities to ensure meaningful access by LEP persons. The assessment which is referred to as a "Four- Factor" analysis is based on the following factors:
1. The number or proportion of LEP persons eligible to be served or likely to be encountered.
2. The frequency of LEP contacts.
3. The nature and importance of the programs, services, or activities provided by the City of Cathedral City.
4. The resources available for LEP persons
The City of Cathedral City is approximately 115 miles east of Los Angeles and has a population of approximately 49,500 over the age of 5 years old (US Census: American Community Survey 2023 5-Year Estimate). Of the 49,500 residents over the age of 5 years old, approximately 45.8% of the residents are Spanish speaking.
Four-Factor Analysis
1. The number or proportion of LEP persons ellgible to be served or Ilkely to be encountered,
As shown in Table 1 below, Cathedral City has approximately 49,500 residents over the age of five years old. 11,943 (16.3%) of residents in Cathedral City are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish (22,663, 45.8% of the community).
Table 1: Languages Spoken in Cathedral City's Residents Portion of Portion of
Group
Group's Group that Group That
Population Percentage Speaks Does Not
(over 5 years of English Very Speak English
Language Spoken old) Population Very Well
Well
English Only 23,809 48.8% 23,809 (100%) 0 (0%)
Spanish 22,663 45.8% 15,746 (69.5%) 6,917 (30.5%)
Other Indo-European 791 584 (73.8%) 207 (26.2%)
Languages 1.6%
Asian and Pacific Island 1,211 (57.1%) 911 (42.9%)
2,122 4.3%
Languages
Other Languages 143 0.3% 112 (78.3%) 31(21.7%)
Total Population Above 5 Years 49,528 100% 41,462 (83.7%) 8,066 (16.3%) Source: US Census: American Community Survey 2023 5-Year Estimate https://data.census.gov/table/ACSST5Y2023.S1601?g=92234&t=Language%20Spoken %20at%20Home
Title VI Implementation Plan
City of Cathedral City
10 2. The frequency of LEP contacts.
No data has been collected regarding frequency of contact with LEP persons at the City. Most languages. If staff that speak Spanish are not available, staff will reach out to a certified translator in the Public Works Department from the list.
Public Works staff does not regularly receive requests for translation through Federally funded programs/projects, though the outreach components of said programs/projects do typically have multi-lingual resources. Further, if translation services are needed, staff will provide said translation in a timely manner.
3. The nature and importance of programs, services, or activities provided by the Public Works Department
From observation provided by Public Works staff, it is rare that translation services are requested for programs, services, or activities which are Federally-funded. As stated above, the staff assisting at the Engineering Division counter are the ones who most frequently encounter LEP persons requesting and/or needing translation services.
Though Public Works Staff has received very few requests for translation services on Federally- funded projects, programs and services, staff are keenly aware that approximate sixteen percent (16%) of the City's residents are LEPs and therefore it is highly likely that LEPs will be stakeholder in any of the said projects, programs and services. As such, when staff encountered the need for translation services, staff has provided the services readily.
4. The Resources Available for LEP persons.
The following publications and services are available for LEP person use:
• Non-Discrimination Policy Statement
• Statement shall be printed in English and Spanish. Said statement will be posted at the Engineering Division public counter, the Public Works Yard, and on the Title VI page on the Cathedral City website.
• Title VI Rights Poster
• Posters shall be printed in English and Spanish. Said poster will be posted at the Engineering Division public counter, the Public Works Yard, and on the Title VI page on the Cathedral City website.
• Title VI Complaint Form
• Complaint forms shall be printed in English and Spanish. Said form will be posted t the Engineering Division public counter, the Public Works Yard, and on th itle VI page on the Cathedral City websit
• I Speak Cards
• I Speak Cards will be produced to easily identify translation services needed for English and Spanish. Said cards will be placed at all public counters and with the other Title VI information.
Title VI Webpage on City's Website
Title VI Implementation Plan
City of Cathedral City
11 • All the City's Title VI resources will be posted on the City's website at the following link: www.cathedralcity.gov/departments/engineering/title-vi • Future Planning and Projects
• Public Works will ensure that all future projects and planning documents that are federally-funded utilize outreach methods that are compliant with Title VI and other related non-discriminatory assurances.
, Additionally, the City will ensure that outreach materials are available in English and Spanish, and that translators are readily available as necessary for any LEI Persons that would like to contribute or participate.
_astly, the Title VI Specialist will request an updated list of certified translators from the Humar Resources Department every six months, and distribute said list to those who are likely to encounter LEP persons, such that a translator can be contacted the moment one is needed.
To ensure continuous compliance, the City will review the Title VI Implementation Plan and Limited English Proficiency Plan regularly, but at a minimum, as new data from the US Census becomes available. As new regulations are created, the City will act promptly to update the 17 Appendix B
NOTICE TO THE PUBLIC
Title VI Implementation Plan
City of Cathedral City
- 13 H
Cathedral City
YOUR RIGHTS AGAINST DISCRIMINATION
TITLE VI
OF THE CIVIL RIGHTS ACT
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
The Public Works Department of Cathedral City administers its programs and activities without regard to race, color, national origin, or other protected status. The Public Works Vi Coordinator, within 180 days of the alleged discrimination.
Additional information and Title VI Complaint Forms can be obtained on the City of Cathedral City's website, at the following location:
www.cathedralcity.gov/departments/engineering/Title-VI.
Title VI Complaint Forms can also be obtained from the Public Works Department at City Hall. To file a Title VI discrimination complaint, please use the following contact information:
Cathedral City Engineering Department
Engineering Division
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
[email protected]
Appendix C
TITLE VI COMPLAINT FORM
Title VI Implementation Plan
City of Cathedral City
- 15 }
Public Works Title VI
Complaint Form Cathedral City
Public Works Departmen
Title VI is a statute provision of the Civil Rights Act of 1964. Title VI requires that "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." [42 U.S.C 92000d]
If you believe you have been discriminated against because of your race, color, or national origin, you may file a written Title VI complaint within 180 days of the alleged discriminatory acts). To do so, you may complete this form (attach additional pages, if necessary) and submit it to the Public Works Title VI Coordinator using one of the contact methods that appear at the end of this form. Note: The use of this complaint form is not mandatory. You may submit your written complaint in any form that includes your signature. Any person requiring reasonable accommodation may contact the Title VI Coordinator to obtain assistance in filing a complaint. Contact information is provided at the end of this form and online at www.cathedralcity.gov/departments/engineering/Title-VI In addition, procedures that describe how the Cathedral City Public Works Department handles formal Title VI complaints are available on the same webpage.
Complaint Information:
Name:
Mailing Address:
Telephone:
Email Address:
What is the most convenient method and time for us to contact you about this complaint? Attorney Information:
If you have an attorney representing you, please provide their contact information below.
Name:
Firm Name:
Mailing Address:
Telephone:
Email Address:
Basis of Discriminatory Actlon(s):
Check the boxes) for the types) of discrimination you allege to have experienced.
L Race Color National Origin
Date and location of alleged discriminatory actions):
Please include the earliest and the most recent date of the alleged discrimination.
Location
How were you discriminated against? Note: Please attach additional pages, if necessary.
Describe the nature of the action, decision, or conditions of the alleged discrimination.
Explain, as clearly as possible, what happened and why you believe your protected status (basis) was a factor in the discrimination.
Include how other persons were treated differently from you.
Name(s) and title(s) of individual(s) who you believe are responsible for the discriminatory action(s):
Names of individuals (i.e., witnesses, fellow employees, supervisors, or others) that we may contact for additional information to support or clarify your complaint (please include their contact information):
The laws prohibit retaliation against anyone because they have taken action, or participated in an action, to secure rights protected by these laws. If you feel you have been retaliated against (separate from the discrimination alleged above), please explain the circumstances below. Please explain what actions you took that you believe were the basis for the allegation.
What remedy, or action, are you seeking for the alleged discrimination? Have you filed, or do you intend to file, a charge or complaint regarding the matters raised in this complaint with any federal agency, State agency, federal court, or State court? _ Yes - No If yes, check all that apply and specify:
_ Federal agency:
_ State agency:
_Federal court:
State court: _
Please attach additional pages, if necessary.
If you have already filed a charge or complaint, please provide the following information:
Agency/Court: Attorney Name:
Address: Firm Name:
Date Filed: Address:
Case Number: Telephone:
Date of Trial/Hearing: Status of Case:
Please provide any additional information that you believe would assist in the investigation.
Please sign and date the complaint form below. If you need additional space to provide information about this complaint, please attach the additional information to this form.
Signature of Complainant Date
Please submit completed form and any attachments to the Title VI Coordinator. Contact information is provided below and online at www.cathedralcity.gov/departments/engineering/Title-VI.
US Mail: Title VI Coordinator nail: [email protected] 68700 Avenida Lalo Guerrero lone: (760)770-03
Cathedral City, CA 92234
Rev. March 2025
Appendix D
US DOT Title VI Assurances A-E
APPENDIXA
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.s.
Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitation 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 contrac and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability.
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 HWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any formation required of a contractor is in the exclusive possession of another who fails or refuses to furnis he information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set fort what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the HWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the contractor under the contract until the contractor complies; and/or
2. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or 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.
Title VI Implementation Plan
City of Cathedral City
19 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 NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the California Department of Transportation will accept fitle to the lands and maintain the projec constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federa Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- 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 California Department of Transportation 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.
TO HAVE AND TO HOLD said lands and interests therein unto the California Department of Transportation 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 California Department of Transportation, its successors and assigns.
The California Department of Transportation, in consideration of the conveyance of said lands and interest 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 California Department of Transportation will use the lands and interests in lands and interest 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 Vl 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 (*Reverter clause and related language to be used only when it is determined that such a clause is necessarv in order to make clear the purpose of Title VI.) itle VI Implementation Plai
ity of Cathedral Cit
20 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 California Department of Transportation pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the California Department of Transportation 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.* . With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the alifornia Department of Transportation 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 California Department of Transportation and its assians.* (*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.)
itle Vi implementation Plai
ity of Cathedral Cit
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APPENDIX D
CLAUSES FOR CONSTRUCTION/USE.ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
he following clauses will be included in deeds, licenses, permits, or similar instruments/agreemen ntered into by the Califomia Department of Transportation pursuant to the provisions of Assurance 7(b A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal facilities, (2) that in the construction of any improvements on, over, or under such land, and thi urnishings of services thereon, no person on the ground of race, color, or national origin, will b this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the California Department of Transportation will have the righ to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess sai 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 Nondiscrimination covenants, he California Department of Transportation will there upon revert to and vest in and become th absolute property of the California Department of Transportation 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.)
Tite Vi or Cameratch lan
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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), prohibit liscrimination 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 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 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 Titles I! and Ill of the Americans with Disabilities Act, which prohibit discrimination of 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 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 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 Proficienc ind resulting agency guidance, national origin discrimination includes discrimination because o 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).
Title VI Implementation Plan
City of Cathedral City
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