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Home My WebLink AboutAgenda Item Summary Formo y� AGENDA ITEM SUMMARY FORM II ° File ID: #9203 JL F I0K`p\ Date: 06/11/2021 Requesting Department: Office of Equal Opportunity & Diversity Programs Commission Meeting Date: 07/22/2021 Sponsored By: District Impacted: All Type: Resolution Subject: Execute - Title Vi/Nondiscrimination Assurance Agreement Purpose of Item: A RESOLUTION OF THE CITY OF MIMAI 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. Background of Item: In May 2021, the City began the recertification process with Florida Department of Transportation ("FDOT") to continue participating as a Local Agency Program able to apply and be awarded Federal -aid grant funds. Part of the certification requirements include the implementation and compliance of the Title VI program. The City previously adopted the Title VI Nondiscrimination Plan ("Nondiscrimination Plan") in 2015, pursuant to Resolution 15-0464 and in 2018 pursuant to Resolution 18-0408. Additionally, revisions were made to the language of the existing Plan resulting in the need to adopt a new Resolution accepting those changes and allow the City to complete the LAP Recertification. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Office of Equal Opportunity & Diversity Programs Asseline Hyppolite Department Head Review Completed 06/14/2021 8:22 AM Office of Management and Budget Calvin Fifer Budget Analyst Review Completed 06/14/2021 2:42 PM Office of Management and Budget Leon P Michel Budget Review Completed 06/14/2021 9:41 PM City Manager's Office Arthur Noriega V City Manager Review Completed 06/15/2021 7:31 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 06/25/2021 12:40 PM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 06/27/2021 8:37 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 06/28/2021 10:11 AM City Commission Nicole Ewan Meeting Completed 07/22/2021 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 07/23/2021 5:30 PM GSY v City of Miami isou, 1„Ttu * City Hall LeLegislation 3500 Pan American Drive g Miami, FL 33133 R Resolution www.miamigov.com Enactment Number: R-21-0303 File Number: 9203 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 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. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, ify Attor ey 6/2812021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' 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.