2017-29718 Reso RESOLUTION NO. 2017-29718
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION, THE TITLE VI/NONDISCRIMINATION POLICY AND PLAN,
SUPPLEMENTING THE EXISTING TITLE VI PROGRAM PLAN, BY EXPANDING ITS
APPLICATION TO ALL CITYWIDE SERVICES (INSTEAD OF JUST TRANSPORTATION);
AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE SUCH
FURTHER MODIFICATIONS TO THE TITLE VI/NONDISCRIMINATION POLICY AND PLAN
AS MAY BE REQUIRED BY THE APPLICABLE FEDERAL AND STATE GOVERNMENTAL
AGENCIES WHICH OVERSEE THE FEDERAL ASSISTANCE PROGRAMS IN WHICH THE
CITY PARTICIPATES.
WHEREAS, at the May 21, 2014 City Commission meeting, the Commission approved
an Interlocal Agreement with Miami-Dade County for provision of Municipal Circulator Services;
and
WHEREAS, the Interlocal Agreement require that the City comply with federal
requirements for transit services, including Title VI of the Civil Rights Act of 1964 (Title VI); and
WHEREAS, Title VI stipulates 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 under any program or activity receiving federal financial assistance; and
WHEREAS, on June 11, 2014, the City Commission adopted a Title VI Program Plan
(the 2014 Title VI Program Plan); and
WHEREAS, in order to receive Federal funds for projects, including transit projects, the
local agencies and their contractors and consultants must comply with the Title VI, Section 504
of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990
(ADA), as well as other related federal and state laws and regulations, including Federal Transit
Administration (FTA) and Federal Highway Administration (FHWA) regulations, and the Florida
Department of Transportation (FDOT) guidelines; and
WHEREAS, to maintain Certification in the Local Agency Program (LAP), local agencies
must submit the Sub-recipient Compliance Assessment Tool (SCAT) once every three (3) years
or at the request of FDOT or FHWA; and
WHEREAS, to be eligible for federal funding through FDOT, the City, as a sub recipient,
must have a Title VI/Nondiscrimination Policy and Plan that covers all programs, services and
activities of the City; and
WHEREAS, as part of the required re-certification process, FDOT reviewed the City's
2014 Title VI Program Plan and found the Plan to be specific to its Citywide transit services; and
WHEREAS, while 2014 adopted Title VI Program Plan meets FTA's requirements, as
written, the City's current version was not broad enough to meet the FHWA/FDOT
requirements; and
WHEREAS, the proposed Title VI/Nondiscrimination Policy and Plan would be
advantageous to the City as it will help to not only manage complaints efficiently by having set
procedures, forms, and points of contact, but also to proactively discourage discrimination on
the basis of race, color, national origin, sex, age, disability, religion, income or family status by
adequately educating and involving the community in the planning process and implementation
of its services; and
WHEREAS, in order to be compliant with FHWA/FDOT requirements, the Administration
recommends that the City Commission adopt, substantially in the form attached to this
Resolution as Exhibit 1, the Title VI/Nondiscrimination Policy and Plan; and
WHEREAS, the Administration further recommends that the City Commission authorize
the City Manager or his designee to make such further modifications as may be required by the
federal and state governmental agencies which oversee the federal assistance programs in
which the City participates.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
adopt, substantially in the form attached to this Resolution, the Title VI/Nondiscrimination Policy
and Plan, supplementing the existing Title VI Program Plan, by expanding its application to all
citywide services (instead of just transportation); and further authorize the City Manager or his
designee to make such further modifications to the Title VI/Nondiscrimination Policy and Plan as
may be required by the applicable federal and state governmental agencies which oversee the
federal assistance programs in which the City participates.
PASSED AND ADOPTED this 11th day of January, 2017.
ATTEST:
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PHILIP AYOR
RAFA L E. GRAN 'O, ►` R„rA�Q`• �O /
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EXHIBIT
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1.
TABLE OF CONTENTS
I. THE CITY'S NONDISCRIMINATION POLICY STATEMENT 2
II. COMPLAINT PROCEDURE 2
III. ADA/504 STATEMENT 3
IV. LANGUAGE ASSISTANCE PLAN AND LIMITED ENGLISH PROFICIENCY (LEP)
ANALYSIS 4
V. PUBLIC INVOLVEMENT 5
VI. ASSURANCE 5
APPENDIX A 6
1 IPage
I. THE CITY'S NONDISCRIMINATION POLICY STATEMENT
The City of Miami Beach, Florida (the City) values diversity and welcomes input from all
interested parties, regardless of cultural identity, background or income level. Moreover, the City
believes that the best programs and services result from careful consideration of the needs of all
of its communities and when those communities are involved in the transportation decision
making process. Thus, the City does not tolerate discrimination in any of its programs, services
or activities. pursuant to Title VI of the Civil Rights Act of 1964, the Americans with Disabilities
Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), as well as other
related federal and state laws and regulations, including Federal Transit Administration (FTA)
and Federal Highway Administration (FHWA) regulations, and the Florida Department of
Transportation (FDOT) guidelines, the City will not exclude from participation in, deny the
benefits of, or subject to discrimination anyone on the grounds of race, color, national origin,
sex, age, disability, religion, income or familial status.
II. COMPLAINT PROCEDURE
The City has established a complaint procedure and will take prompt and reasonable action to
investigate and eliminate discrimination when found. Any person who believes that he or she
has been subjected to discrimination based upon race, color, national origin, sex, religion, age,
disability, familial or income status in any of City's programs, services or activities may file a
complaint with the City's Title VI/Nondiscrimination Coordinator:
Name: Jimmy L. Morales
Address: 1700 Convention Center Drive
Phone: 305-673-7010
Fax: 305-673-7782
Email: JimmvMorales(a�miamibeachfl.gov
TTY: 7-1-1 (Florida Relay)
A complaint must be filed within one hundred eighty (180) days after the date of the alleged
discrimination.
If possible, the complaint should be submitted in writing and contain the identity of the
complainant; the basis for the allegations (i.e., race, color, national origin, sex, religion, age,
disability or familial status); and a description of the alleged discrimination with the date of
occurrence. Please refer to Appendix A for the Discrimination Complaint Form. If the complaint
cannot be submitted in writing, the complainant should contact the Title VI/Nondiscrimination
Coordinator for assistance.
The Title VI/Nondiscrimination Coordinator will respond to the complaint within thirty (30)
calendar days and will take reasonable steps to resolve the matter. Should the City be unable to
satisfactorily resolve a complaint, the City will forward the complaint, along with a record of its
disposition to the appropriate District of the Florida Department of Transportation (FDOT).
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Should the complainant be unable or unwilling to complain to the City, the written complaint may
be submitted directly to Florida Department of Transportation (FDOT). The FDOT will serve as a
clearing house, forwarding the complaint to the appropriate state or federal agency:
Florida Department of Transportation
Equal Opportunity Office
ATTN: Title VI Complaint Processing
605 wannee Street MS 65
Tallahassee, FL 32399
III. ADA/504 STATEMENT
Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act
of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against
those who have disabilities. Furthermore, these laws require federal aid recipients and other
government entities to take affirmative steps to reasonably accommodate the disabled and
ensure that their needs are equitably represented in transportation programs, services and
activities. The City of Miami Beach will make every effort to ensure that its facilities, programs,
services, and activities are accessible to those with disabilities. The City will make every effort to
ensure that its advisory committees, public involvement activities and all other programs,
services and activities include representation by the disabled community and disability service
groups. The City encourages the public to report any facility, program, service or activity that
appears inaccessible to those who are disabled. Furthermore, the City will provide reasonable
accommodation to disabled individuals who wish to participate in public involvement events or
who require special assistance to access facilities, programs, services or activities. Because
providing reasonable accommodation may require outside assistance, organization or
resources, the City asks that requests be made at least 30 calendar days prior to the need for
accommodation. Questions, concerns, comments or requests for accommodation should be
made to the City's ADA Coordinator:
Name: Valeria Mejia
Address: 1833 Bay Road, Miami Beach, FL 33139
Email: ValeriaMeiia(a�miamibeachfl.gov
Phone: 305-673-7000 ext. 2988
Fax: 305-673-7963
TTY: 7-1-1 Florida Relay)
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IV. LANGUAGE ASSISTANCE PLAN AND LIMITED ENGLISH PROFICIENCY (LEP)
ANALYSIS
Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the
US Department of Justice (DOJ) and US Department of Transportation (DOT) require federal
aid recipients to take reasonable steps to ensure meaningful access to programs, services and
activities by those who do not speak English proficiently. To determine the extent to which LEP
services are required and in which languages, the law requires the analysis of four factors:
• The number or proportion of LEP persons eligible to be served or likely to be
encountered by the City's programs, services or activities.
• The frequency with which LEP individuals come in contact with these programs,
services or activities.
• The nature and importance of the program, service or activity to people's lives
and;
• The resources available to the City and the likely costs of the LEP services.
1. The principal languages among the City's residents are English and Spanish. According
to the 2010-2014 American Community Survey, 32.3% of City residents reported
speaking only English, while 54.6% reported speaking Spanish. The majority of the
City's Spanish speaking residents are bilingual with 28.9% of Spanish speaking
residents reported speaking English less than very well. Of the remaining City residents,
9.9% reported speaking other Indo-European language (other than Spanish), 1.7%
reported speaking Asian or Pacific Island language and 1.5% reported "other language".
The City's website is published in English and it may be translated into Spanish or any
other language as part of the Google Translate tool by clicking the Google Select
Language icon on the bottom left corner of each page.
2. LEP customers within the City, under the analysis identified as Spanish speakers make
constant use of the City's services. In an effort to promote the use of the service by LEP
customers, the City will make the following information readily available in both English
and Spanish:
• City's Website
• Public Meeting Notices
• Project Information
3. The City believes that its programs, services and activities are of critical importance to its
public. Transportation, for example, provides necessary access to health care,
emergency services, employment, and other essentials which would be difficult or
impossible without reliable transportation systems.
4. The City of Miami Beach is committed to providing resources to improve access to its
services for LEP persons. Bilingual information (English/Spanish) is/will be distributed in
several different manners including:
• Bilingual English/Spanish Website
• Bilingual English/Spanish Material
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• Bilingual English/Spanish at Meetings
• Bilingual English/Spanish Customer Service Staff
The City understands that its community profile is changing and the four factor analysis may
reveal the need for more or varied LEP services in the future. As such, it will annually examine
its LEP plan to ensure that it remains reflective of the community's needs. Persons requiring
special language services should contact the City's Title VI/Nondiscrimination Coordinator.
V. PUBLIC INVOLVEMENT
In order to plan for efficient, effective, safe, equitable and reliable programs, services or
activities, the City must have the input of its public. The City spends extensive staff and financial
resources in furtherance of this goal and strongly encourages the participation of the entire
community. The City holds a number of meetings, workshops and other events designed to
gather public input on project planning and construction. Furthermore, the City attends and
participates in other community events to promote its services to the public. Finally, the City is
constantly seeking ways of measuring the effectiveness of its public involvement including
biannual survey to businesses and residents.
VI. ASSURANCE
Every three years, or commensurate with a change in the City's executive leadership year, the
City must certify to FHWA and FDOT that its programs, services and activities are being
conducted in a nondiscriminatory manner. These certifications are termed `assurances' and
serve two important purposes: first, they document the City's commitment to nondiscrimination
and equitable service to its community; and second, they serve as a legally enforceable
agreement by which the City may be held liable for breach. The public may view the annual
assurance on the City's website or by visiting City Hall.
APPENDIX A
DISCRIMINATION COMPLAINT FORM
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MIAMI BEACH
CITY OF MIAMI BEACH
' DISCRIMINATION COMPLAINT FORM
Complainant (s) Name: Address:
E-mail address: Phone Number:
Complainant's Representative's Name,Address, Phone Number and Relationship (e.g.,friend, attorney, parent, etc.):
Name and Address of Agency, Institution, or Department Whom You Allege Discriminated Against You:
Names of Individual(s)Whom You Allege Discriminated Against You (if known):
Description of Descrimination (include dates, names of people involved and explain why you think it was discriminatory):
I believe discrimination I experienced was based on (circle all that apply):
Race Color National Origin Sex Age
Religion Familial Status Disability Income
Mail to:Jimmy L. Morales,the City of Miami Beach Ti=1e VI/Nondiscrimination Coordinator, 1700 Convention Center Drive,4th floor, Miami
Beach, Florida,33139.This form may also be faxed to: 305-673-7782. The Title VI/Nondiscrimination Coordinator will respond to the
complaint within thirty(30)calendar days and will take responsable steps to resolve the matter.
Alternate means of filling complaint will be made available for persons with disabilities upon request.
MIAMI BEACH
CITY OF MIAMI BEACH
FORMULARIO DE RECLAMACION PARA DISCRIMINACION
Nombre(s)de(los) Reclamante(s): Direccion(es)de(los) Reclamante(s):
E-mail: Numero(s) de telefono:
Nombre del representante del Reclamante, dirrecion,telefono y relation (por ejemplo amigo, abogado, padre,etc.):
Nombre y dirrecion de la agenda, institution o departarnento que usted alega discrimino en su contra:
Nombre(s)de (los) individuo(s) que usted alega discrimineron en su contra (si lo Babe):
Describe Ia discrimination (incluye dies, nornbres de personas envolucradas y expliquepor que usted alega que fue discriminado).
Creo que la discriminacio que yo senti fue basada en (marque todos los que apliquen):
Raza Color Origen Nacional Sexo Edad
Religion Estado Familiar Discapacidad Ingresos
Firma del Demandante: Fecha de Ia firma:
Envie por correo a:Jimmy L. Morales,the City of Miami Beach Title VI/Nondiscrimination Coordinator, 1700 Convention Center Drive,4th
floor, Miami Beach, Florida, 33139. Este iormularo tambienn se puede enviar por fax a:305-673-7782. El Coordinador del Titulo VI/No
Discrimination respondera ale demand=de los treinta (30)dies calendario y tomara las medidas razonables para resolver el asunto.
Medios alternativos para Ilenar la queja seran puestos a disposition de las personas con discapacidades bajo petition.
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Resolutions - R7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 11, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING, SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, THE TITLE VI PROGRAM AND RELATED
NONDISCRIMINATION POLICY AND PLAN (TITLE VI PROGRAM PLAN), AS
AMENDED, SUPPLEMENTING THE EXISTING TITLE VI PROGRAM PLAN, BY
EXPANDING ITS APPLICATION TO ALL CITYWIDE SERVICES (INSTEAD OF
JUST TRANSPORTATION);AND FURTHER AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO MAKE SUCH FURTHER MODIFICATIONS TO THE TITLE
VI PROGRAM PLAN AS MAY BE REQUIRED BY THE APPLICABLE FEDERAL
AND STATE GOVERNMENTAL AGENCIES WHICH OVERSEE THE FEDERAL
ASSISTANCE PROGRAMS IN WHICH THE CITY PARTICIPATES.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the Resolution approving
a Citywide Title VI Nondiscrimination Policy and Plan for all City services, programs, and activities.
ANALYSIS
At the May 21, 2014 City Commission meeting, the Commission approved an Interlocal
Agreement with Miami-Dade County for provision of municipal circulator services (North Beach
trolley loop). Provisions of the agreement include compliance with federal requirements as
determined by the Federal Transit Administration (FTA), including Title VI of the Civil Rights Act
of 1964. Title VI stipulates 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
under any program or activity receiving federal financial assistance.
In 2014, pursuant to FTA requirements, the City developed a Title VI Program Plan specific to
the City's transit/trolley service. The Plan was reviewed by AECOM, a transportation planning
and engineering firm under the City's rotational contracts, t o ensure that the
Program Plan complied with all federal requirements. The Title VI Program Plan was adopted by
the City Commission on June 11, 2014.
In order to receive Federal funds for projects that include, but are not limited to, transit projects,
local agencies and their contractors and consultants must comply with Federal and State
nondiscrimination authorities, including state statutes, US Department of Justice (USDOJ), US
Department of Transportation (USDOT), and Federal Highway Administration (FHWA)
regulations, orders, and notices. To maintain Certification in the Local Agency Program (LAP),
497
local agencies must submit the Sub-recipient Compliance Assessment Tool (SCAT) once every
three (3) years or at the request of USDOT. In Florida, for cities to be eligible to receive federal
funding through FDOT, sub-recipients must have a Title VI/Nondiscrimination Policy adopted by
their governing board that covers all programs, services and activities provided by the City.
Earlier this year, as part of the required LAP re-certification process, FDOT reviewed the City's
adopted 2014 Title VI Program Plan and found that while the adopted Plan meets FTA
requirements, the City's current version was limited to transit services and therefore not broad
enough to meet FHWA/FDOT requirements.
Pursuant to FHWA/FDOT requirements, City staff drafted a new Title VI/Nondiscrimination
Policy and Plan to supplement the existing Plan by including all City services, programs, and
activities. The Title VI Program and Related Nondiscrimination Policy and Plan references the
Citys Human Rights Ordinance codified in Chapter 62 of the City Code and provides a claim
form incorporating any claims of discrimination based upon Title VI and related discrimination
claims as well as any claims under the protected categories covered by the City's Human Rights
Ordinance.
The Draft Title VI/Nondiscrimination Policy and Plan was submitted to FDOT earlier this year for
a sufficiency review and was found to meet FHWA/FDOT requirements, in addition to FTA
requirements.
Below is a brief description of the major components of the Draft Title VI Program Plan as
developed by the Administration and approved by FDOT.
• City's Policy Statement: Through this Program Plan, the City commits to non-
discrimination in any of its programs, services or activities as evidenced by the City of
Miami Beach Human Rights Ordinance codified in Chapter 62 of the City Code as may be
amended from time to time. Pursuant to Title VI of the Civil Rights Act of 1964 and other
federal and state authorities, as more particularly described in 23 CFR Part 200, the City
will not i)exclude anyone from participation in, ii)deny anyone the benefits of, or iii)subject
anyone to discrimination under any city program, service, or activity, on the grounds of
race, color, national origin, sex, age, disability, religion, income or familial status.
• Title VI Program and Related Discrimination Complaint Procedure: The City has
established a Title VI Program and related discrimination complaint procedure that
references the City's Human Rights Ordinance as codified in Chapter 62 of the City Code
and will take prompt and reasonable action to investigate and eliminate discrimination
when found. In addition, the proposed Program identifies a Title VI Coordinator for the
City.
• ADA/504 Statement: The City commits to making every effort to ensure that its facilities,
programs, services, and activities are accessible to those with disabilities. The City will
make every effort to ensure that its advisory committees, public involvement activities and
all other programs, services and activities include representation by the disabled
community and disability service groups. The City encourages the public to report any
facility, program, service or activity that appears inaccessible to those who are disabled.
Furthermore, the City will provide reasonable accommodation to disabled individuals who
wish to participate in public involvement events or who require special assistance to
access facilities, programs, services or activities. In addition, the proposed Title VI
Program Plan identifies an ADA Coordinator for the City.
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• Limited English Proficiency (LEP) Analysis: This analysis determined that there is a
significant percentage of Spanish-speaking population in the City. In an effort to promote
the use of City services by LEP customers, the City will make information readily available
in both English and Spanish such as City's website (published in English and it may be
translated into Spanish or any other language as part of Google Translate tool by clicking
Google Select Language icon on the bottom left corner of the City's webpage), public
meeting notices, project information, and bilingual customer service staff. Complaint forms
are available on-line in both English and Spanish. Additional information can be provided in
Spanish upon request, and a telephone number and point of contact for the City is
provided in the Program Plan.
• Public Involvement: In order to plan for efficient, effective, safe, equitable and reliable
programs, services or activities, the City must have the input of its public. The City
commits to holding meetings, workshops and other events designed to gather public input
on project planning, design, and construction. Furthermore, the City attends and
participates in other community events to promote its services to the public. The City also
commits to constantly seeking ways of measuring the effectiveness of its public
involvement.
CONCLUSION
As mentioned above, for cities to be eligible to receive federal funding through FDOT, sub-
recipients must have a Title VI/Nondiscrimination Policy and Program Plan adopted by their
governing board that covers all programs, services and activities provided by the City. A City of
Miami Beach Title VI Program Plan adopted by the City Commission will ensure the City
remains eligible to receive federal funding for current and future roadway, infrastructure, and
transit projects and will also serve to proactively discourage discrimination on the basis of race,
color, national origin, sex, age, disability, religion, income or family status by adequately
educating and involving the community in the planning process as well as the implementation
of citywide services, programs, and activities.
KEY INTENDED OUTCOMES SUPPORTED
Ensure That A Universal Culture Of High Quality Customer-Service Is Driving The Conduct Of The
City Commission And All City Employees
Legislative Tracking
Transportation
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