HomeMy WebLinkAboutR-21-0303City of Miami
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Resolution: R-21-0303
File Number: 9203
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/22/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE
VI/NONDISCRIMINATION ASSURANCE AGREEMENT BETWEEN THE CITY
OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE CITY'S ADOPTION OF AN UPDATED TITLE
VI/NONDISCRIMINATION PROGRAM PLAN ("PLAN") AS REQUIRED FOR
THE CITY'S RECERTIFICATION AS A LOCAL AGENCY PURSUANT TO
FDOT'S LOCAL AGENCY PROGRAM FOR FEDERAL AND STATE FUNDING
OF CITY CAPITAL PROJECTS; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
AGREEMENTS OR DOCUMENTS REQUIRED, ALL IN FORMS ACCEPTABLE
TO THE CITY ATTORNEY, FOR THE CITY'S COMPLIANCE WITH FEDERAL,
STATE, AND LOCAL NONDISCRIMINATION LAWS AND AUTHORITIES AS
MAY BECOME NECESSARY.
WHEREAS, pursuant to Resolution No. R-14-0444 adopted on November 14, 2014, the
City of Miami ("City") accepted a Title VI/Nondiscrimination Program Plan ("2014
Nondiscrimination Plan") to fulfill a corrective action plan mandated by the Federal Transit
Authority with respect to the City's management of its trolleys; and
WHEREAS, the City found it necessary to revise the 2014 Nondiscrimination Plan to
provide for the implementation of a general Citywide nondiscrimination policy that enables a
systematic approach for the City to receive, manage, and respond to complaints from the
general public concerning potential discriminatory activities involving public facilities, services,
and programs in order to meet the participation requirements of various Federal and State
funding programs; and
WHEREAS, the City is designated by the Florida Department of Transportation (TDOT")
as a Local Agency pursuant to the terms of FDOT's Local Agency Program ("LAP"), which
authorizes the City to receive Federal and State funding for local project priorities as a sub -
recipient of FDOT; and
WHEREAS, to continue receiving said funding, FDOT requires all participating Local
Agencies to demonstrate compliance with Federal and State nondiscrimination authorities, such
as the United States Department of Justice, the United States Department of Transportation, the
Federal Highway Administration, and their respective laws, statutes, administrative rules,
regulations, orders, and notices; and
WHEREAS, FDOT mandates that Local Agencies execute and provide an assurance in
the form of a FDOT Nondiscrimination Assurance Agreement ("Agreement") pursuant to
USDOT Title 49, Code of Federal Regulations ("CFR") Part 21 and Title 23, CFR Part 200,
Section 200.9(a)(1), both as amended; and
City of Miami Page 1 of 3 File ID: 9203 (Revision:) Printed On: 712912021
File ID: 9203 Enactment Number: R-21-0303
WHEREAS, said Agreement serves as a written commitment from the City, as a Local
Agency, that no person shall on the grounds of race, color, national origin, sex, age, disability,
religion, or family status be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program, service, or activity conducted by the
City or its Contractors regardless of whether those programs and activities are Federally funded
or not; and
WHEREAS, the Agreement specifies the remedy that may be sought for any potential
breach; and
WHEREAS, in 2015, the City adopted its current Title VI Nondiscrimination Program
Plan ("Nondiscrimination Plan") pursuant to Resolution No. R-15-0464; and
WHEREAS, in April 2018, the City began its LAP recertification process with FDOT to
continue participation as a Local Agency able to apply for and be awarded Federal and State
funding, including the required implementation and compliance with the Nondiscrimination Plan;
and
WHEREAS, in May 2021, the City began is LAP recertification process with FDOT to
continue participation as a Local Agency able to apply for and be awarded Federal and State
funding, including the required implementation and compliance with the Nondiscrimination Plan,
which also revised in May 2021;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to execute the Agreement between the City
and FDOT, in a form acceptable to the City Attorney, for the City's adoption of an updated Plan
as required for the City's recertification as a Local Agency pursuant to the terms of FDOT's LAP
for Federal and State funding of City capital projects, inclusive of provision of the City's Equal
Opportunities and Diversity Programs Administrator who serves as the Plan's Coordinator for
the City as well as such other additional revisions to the language of the City's current Plan.
Section 3. The City Manager is further authorized' to execute any and all other
agreements or documents required, all in form acceptable to the City Attorney, for the City's
compliance with Federal, State, and Local nondiscrimination laws and authorities as may
become necessary.
Section 4. This Resolution shall become effective immediately upon its adoption.
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 9203 (Revision:) Printed on: 712912021
File ID: 9203
Enactment Number: R-21-0303
APPROVED AS TO FORM AND CORRECTNESS:
1
Vft6ria-Vrdel, City Attor iey 6/28/2021
City of Miami Page 3 of 3 File ID: 9203 (Revision:) Printed on: 712912021