LTC 010-2021 Title VI Nondiscrimination Policy and Plan UpdatesDocuSign Envelope ID: 0E06ED67-5870-44B5-95B5-1 E65F4027 A5E
MI A/AIBE H
OFFICE OF THE CITY MANAGER
NO. LTC # 010-2021 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
Œ
DocuSlgned by:
FR OM: Raul J. Aguila, Interim City Manager) l J. Ad-
23D06240F928450...
DATE: January 8, 2021
SUBJECT: Title VI / Nondiscrimination Policy and Plan Updates
The purpose of this Letter to Commission is to inform the Mayor and Commission that the
Title VI/ Nondiscrimination Policy and Plan has been updated. The previous plan, dated
2017 has now been updated as follows:
• Title VI Program Coordinator - reflects current Coordinator.
• Language Assistance Plan and Limited English Proficiency (LEP) Analysis-data
was updated to reflect 2018 America Community Survey information.
• Data Collection paragraph added to adhere to FHWA regulations.
The updated Title VI/Nondiscrimination Policy and Plan was submitted and approved by
Florida Department of Transportation as part of the City's Recertification process. A copy
of the Title VI/Nondiscrimination Policy and Plan is attached.
DocuSign Envelope ID: 0E06ED67-5870-44B5-95B5-1E65F4027 A5E
MIAMIBEA H
TITLE VI/NONDISCRIMINATION POLICY AND PLAN
September 2020
Do cu Sign Envelope ID: 0E06ED67-5870-445-95B5-1E65F4027 A5E
TABLE OF CONTENTS
I. THE CITY'S NONDISCRIMINATIONPOLICY STATEMENT 2
II. COMPLAINT PROCEDURE 2
Ill. ADA/504 STATEMENT 3
IV. LANGUAGE ASSISTANCE PLAN AND LIMITED ENGLISH PROFICIENCY (LEP)
ANALYSIS 4
V. PUBLIC INVOLVEMENT 5
VI. ASSURANCE 5
VII. DATA COLLECTION 5
APPENDIX A 6
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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 (FOOT) 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: Marcia Monserrat
Chief of Staff for City Manager/Title VI/Nondiscrimination Coordinator
Address: 1700 Convention Center Drive
Phone: 305-673-701 O
Fax. 305-673-7782
Email: MarciaMonserrat@miamibeachfl.gov
TTY:7-1-1(Florida Relay)
The complaint must contain the identity of the complainant; the basis for the allegations (i.e., race,
color, national origin, sex, religion, age, disability, income, or familial status); a description of the
alleged discrimination; and, the date of occurrence. Please refer to Appendix A for the
Discrimination Complaint Form. If possible, the complaint should be submitted in writing. 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 (FOOT).
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Should the complainant be unable or unwilling to complain to the City, the written complaint may
be submitted directly to the Florida Department of Transportation (FOOT):
Florida Department of Transportation
Equal Opportunity Office
ATTN: Title VI Complaint Processing
605 Suwannee Street MS 65
Tallahassee, FL 32399
The FOOT will serve as a clearing house, forwarding the complaint to the appropriate state or
federal agency.
Ill. 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 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, ADA Coordinator
Address: 1833 Bay Road, Miami Beach, FL 33139
Email: ValeriaMejia@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 2018 American Community Survey, Table ID: S1601, 33% of City residents reported
speaking only English, while 51.1 % reported speaking Spanish with 53.5% of Spanish
speaking residents reporting that they speak English less than very well. Of the remaining
City residents, 12.9% reported speaking other Indo-European languages (other than
Spanish), 1.1 % reported speaking Asian or Pacific Island languages, and 1.9% 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:
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a. Bilingual English/Spanish Website
b. Bilingual English/SpanishMaterial
c. Bilingual English/Spanish at Meetings
d. 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, the City 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, 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.
VII. DATA COLLECTION
FHWA regulations require federal-aid recipients to collect racial, ethnic and other similar
demographic data on beneficiaries of or those affected by transportation programs, services and
activities. The Agency accomplishes this through the use of census data, American Community
Survey reports, Environmental Screening Tools (EST), driver and ridership surveys, its
community development department and other methods. From time to time, the Agency may find
it necessary to request voluntary identification of certain racial, ethnic or other data from those
who participate in Agency programs, services or activities. This information assists the Agency
with improving service equity and ensuring effective outreach. Self-identification of personal data
to the Agency will always be voluntary and anonymous. Moreover, the Agency will not release or
otherwise use this data in any manner inconsistent with the FHWA regulations.
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APPENDIX A
DISCRIMINATION COMPLAINT FORM
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MIAMI BEACH
CITY OF M IA M I B EA C H
D IS C R IM IN A T IO N C O M PLA IN T FO R M
C o m p la in a n t(s) N a m e: A ddress:
E -m a il a d d re ss: Phone N um ber:
C o m p la in a n t's R ep re sen ta tive 's N am e , A ddre ss, P h one N um ber, and R elationship (e.g., friend, att orn ey, parent, etc.):
N a m e an d A d d ress of A g en cy, Institution , or De p art m ent W hom Y ou A llege Discrim inated A gainst Y ou:
N a m e (s) of lnd ivid u a l(s) W hom Y o u A lle ge Discrim inated A gainst Y ou (if know n):
D e scrip tio n o f D iscrim ina tio n (in clu d e dates, nam e s of people involved, and explain w hy you think it w as discrim inatory ):
I be lie ve th a t th e d iscrim ina tion I exp erie nced w a s based on (ci rcl e all that apply):
R a ce C o lor Nationa l O rigin Sex Age
R e lig io n F a m ilial Status D isability Incom e
M a il to : M a rcia M o n se rrat, the C ity of M ia m i Be ach Title V I/N ondiscrim ination C oordinator, 1700 C onvention Center Drive, 4th Floor, M iam i
Be a ch , F lo rid a, 33 13 9 . T his fo rm m a y also be faxed to: 305-673-77 82. The T itle V I/N ondiscrim ination C oordinator w ill respond to the
com p la int w ithin thirty (3 0 ) ca le nd a r days and w ill take responsible steps to re solve the m atter. Altern ate m eans of filing a com plaint
w ill be m ade ava ilab le fo r pe rsons w ith disabilities upon reque st.
DocuSign Envelope ID: 0E 06ED 67-5870-44B5 -95B5-1E65F 4027 A5E
MIAMI BEACH
CITY OF MIAMI BEACH
FORMULARIO DE RECLAMACION PARA DISCRIMINACION
Nom bre(s) de (los) Reclam ante(s): Direccion(es) de(los) Reclamante(s):
E-m ail: Numero (s) de telefo no:
Nom bre del representante del Reclam ante, dirrecion, telefo no, y relacion (por ejem plo am igo, abogado, padre, etc.):
Nom bre y dirrecion de la agenda, institucion o departam ento que usted alega discrim ino en su contra:
Nom bre(s) de (los) individuo(s) que usted alega discrim inaro n en su contra (silo sabe):
Describe la discrim inacion (incluye dias, nom bres de personas envolucradas y expliquepor que usted alega que fue discrim inado).
Creo que la discrim inacio que yo senti fue basada en (m arque todos los que apliquen):
Raza Color O rigen Nacional Sexo Edad
Religion Estado Fam iliar Discapacidad Ingre sos
Firm a del Dem andante: IFecha de la firm a:
Envie por correo a: M arcia M onserrat, the City of M iam i Beach Title VI/Nondiscrim ination Coordinator, 1700 Convention Center Drive, 4th
Floor, M iam i Beach, Florida, 33139. Este fo rm ula ro tam bien se puede enviar por fax a: 305-673-77 82. El Coordinador del Titulo VI/No
Discrim inacion respond era a la dem anda de los treinta {30) dias calendario y tom ara las m edidas razonables para resolver el asunto.
M edios altern ativos para llenar la queja sera n puestos a disposici6n de las personas con discapacidades bajo petici6n.