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HomeMy WebLinkAboutExhibit 1City ofWiami Title VI/Nondiscrimination Program Plan City of Miami is committed to nondiscrimination and broad, inclusive access to programs and services. In accordance with Title VI of the Civil Rights Act and other federal and state nondiscrimination authorities, "No person in the United States shall, on the ground of race, color, national origin, sex, age, disability religion or family status be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity. Adopted by the Miami City Commission on , 2014 by Resolution No. 1•5'0463(-- 444 SW 2 Ave, Miami, FL 33130 Office: (305) 416-1280 . Fax: (305) 416-2153 Website: www.miamiaov.com City of Miami Title VI Program This page was intentionally left blank City of Miami Title VI Program Contents. Pfan Statement 1 Title VI/Nondiscrimination Information Dissemination Procedure 2 Contracts, Subcontracts and Vendor Agreements 2 Record Keeping 2 Title VI/Nondiscrimination Complaint Procedures 3 Limited English Proficiency (LEP) Plan 5 Public Participation Element 5 Service Standards 8 Appendices Appendix A Appendix B Appendix C Appendix D v Appendix E vi Appendix F viii Appendix G ix Appendix H x Appendix I xii City of Miami Title VI Program City of Miami Title VI/Nondiscrimination Program Plan Plan Statement Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. • Other Federal and State authorities forbid discrimination on the bases of gender, age, disability, religion and family status. The City of Miami (City) is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and activities on the basis of race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, political affiliation, gender identity and expression, or racial profiling national origin, sex, age, disability religion, family status as protected by Title VI and other nondiscrimination authorities. This plan was developed to guide the City in its administration and management of Title VI/Nondiscrimination Program. 1 of 10 City of Miami Title VI, Program Title VI/Nondiscrimination Information Dissemination Procedure Title VI information posters shall be prominently and publicly displayed in public facilities •frequented by the public, including buildings and service vehicles. The name and contact information of the Title VI/Nondiscrimination coordinator is available on the City's website, at www.miamigov.com. Additional information relating to the City's nondiscrimination obligation is provided in the Appendices of this document. The City's Notification of Title VI and related authority rights statement is available in Appendix A. Further information can be obtained directly from the City Title VI/Nondiscrimination Coordinator. Title VI/Nondiscrimination Coordinator contact information Carlos Cruz-Casas, P.E. Title VI Coordinator City of Miami 444 SW 2 Ave, 8th Floor Miami, FL 33130 305-416-1280 TTY/TTD Number: 305-468-5402 ccruz-casas@miamigov.com Contracts, Subcontracts and Vendor Agreements Title VI/Nondiscrimination information shall be disseminated to all transit vendors annually via personal delivery from the City to the transit operator. The form at (Appendix B] reminds each vendor of the City statement, and of their Title VI/Nondiscrimination responsibilities in their daily work and duties. All professional services consultants and construction contractors shall incorporate the Title VI/Nondiscrimination contract clauses at (Appendix C1 in all contracts/subcontracts funded all or in by federal assistance. Record Keeping The Title VI/Nondiscrimination Coordinator will maintain permanent records, which include, but are not limited to, signed acknowledgements of receipt from the vendor indicating the receipt of the Title VI Plan, copies of Title VI/Nondiscrimination complaints or lawsuits and related documentation, and records of correspondence to and from complainants, and Title VI/Nondiscrimination investigations. 2 of 10 City of. Miami Title VI.Program Title VI/Nondiscrimination Complaint Procedures How fo file a Title VI Complaint? The complainant may file a signed, written complaint no later than 180 days after the date of the alleged discrimination. The --complaint procedures- are -.-- described in detail in Appendix D. Each complaint should include the following information: Full name Mailing address Contact Information (i.e., telephone number, email address, etc.) How, when, where and why you believe you were discriminated against. Include the location, names and contact information of any witnesses Other information that you consider significant The Title VI Complaint Form [Appendix El may be used to submit the complaint information. The complaint may be filed in writing to the City at the following address: City of Miami Attention: Title VI/Nondiscrimination Coordinator 444 SW 2 Ave, 8th Floor Miami, FL 33130 ccruz-casas@miami•ov.com NOTE: The City encourages all complainants to certify all mail that is sent through the U.S. Postal Service and/or ensure that all written correspondence can be tracked easily. Complaints must be mailed to the Title VI/Nondiscrimination Coordinator no later than 180 days after the date of the alleged discrimination. What happens to the complaint once it is submitted? All complaints alleging discrimination based on race, color, national origin, sex, age, disability, religion and family status in a program, service, activity or benefit provided by the City will be directly addressed by the Title IV/Nondiscrimination Coordinator who shall also provide appropriate assistance to complainant(s), including those persons with disabilities, low literacy skills, and/or who are limited in their ability to communicate in English. Additionally, the City shall make every effort to address all complaints in an expeditious and thorough manner. A letter acknowledging receipt of complaint will be mailed within seven days [Appendix F]. Please note that in responding to any requests for additional information, a complainant's failure to provide the requested information may result in the administrative closure of the complaint. How will the complainant be notified of the outcome of the complaint? The City will send a final written response letter [Appendix G1 to the complainant. If the complaint is found to be not substantiated, [Appendix H], the complainant 3 of 10 City of. Miami Title VI Program is also advised of his or her right to 1) appeal within seven _calendar days_ of receipt of the final written decision from the City, and/or 2) file a complaint externally with the modal administrations of the __U.S. -Department._ of Transportation and/or the U.S. Department of Justice. Every effort will be made to" respond to Title VI/Nondiscrimination complaints within 60 working days of receipt of such complaints, if not sooner. Once sufficient information for investigating the complaint is received by the City, a written response will be drafted subject to review by the City Attorney. If appropriate, the City Attorney may administratively close the complaint. In this case, the City will notify the complainant of the action as soon as possible. The City maintains a list of Title VI complaints [Appendix I] that is updated as necessary. In addition to the complaint process described above, a complainant may file a Title VI/Nondiscrimination complaint with the following offices: U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Ave. Washington D.C. 20590 202-366-4648 https://www.civilrights.dot.aov/about-docr/contact-us U.S. Department of Justice Office of Civil Rights Federal Coordination and Compliance Section, NWB 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 http://www.justice.aov/crt/about/cor/coord/titlevi.php 4 of 10 City of Miami Title VI Program Limited English Proficiency (LEP) Plan As of the 2010 2010 Decennial Census, Miami has an approximate total - population of 400,000 residents. Approximately 23 percent of the City's population .speaks only English, and 77 percent speaks a 'language other than • English, with Spanish being the other predominant language. Of the population that speaks a language other than English, 70 percent speak Spanish. Nearly half of. City.residents - 44 percent - speak English less than very well. Because of the large number of Spanish speaking residents, the City regularly provides information in both predominant languages - English and Spanish. Information regarding essential programs, services and activities are provided on the City's website and in City facilities open to the public. Residents can request translations of documents in to other commonly spoken languages. A large portion of the City's employees are bilingual, and in most cases, City information can be conveyed in both languages. The City regularly disseminates information via its website, www.miamigov.com, and its television station, Channel 77, in both English and Spanish. The City recognizes the need to accommodate residents with limited English proficiency and is committed to providing programs and services that are accessible to all persons regardless of potential language barriers. The following guidelines are used to assist persons with Limited English Proficiency: 1. Meetings, hearings and other public involvement event include bilingual interpreters and written information, as appropriate. 2. The City Title VI/Nondiscrimination Policy and Complaint Procedures are hosted on the City's web page in English and Spanish, and made available in other languages as requested. a. Understanding the Title VI/Nondiscrimination Policy and LEP responsibilities b. How to access Title VI/Nondiscrimination Policy and Procedures via the City's shared server c. Document and resolve any language assistance deficiencies d. The procedure if a discrimination and/or LEP complaint is filed. The City will review LEP procedures annually to determine if modifications are needed to meet language assistance deficiencies. Public Participation Element The City seeks to engage the public in its planning and decision -making processes. Members of the public may make statements at Commission 5 of 10 City of Miami - Title VI Program meetings, which occur on alternating Thursdays, twice a month. City Commission agendas are available for review by the public no less than five (5) days before Commission meetings. Notices of resolutions or ordinances under Commission consideration are announced in print in local newspapers. The City continuously seeks innovative methods to engage the public in its planning and decision -making processes, as well= as its outreach activities. Recent outreach initiatives include: • Social media communication on the City Facebook and Twitter feeds o @CityofMiami for general City news, @MiamiTrolley for Transit announcements • Transit Service alert updates are posted to the Miami Trolley website o www.miamitrolley.com • Engaging the community in marketing and promotional efforts for transit services, including outreach efforts through partner institutions and departments including the Miami Downtown Development Authority, the Neighborhood Enhancement Team, Miami -Dade Transit, South Florida Commuter Services, the Florida Department of Transportation, etc. • Advertising the Miami Trolley routes on electronic billboards, and ad panels throughout the City limits • Production and distribution of postcards depicting trolley routes, vehicles, hours of operation, and contact information • Inviting public inquiries about all programs, services and activities Resolutions adopted by the City to apply for and utilize Federal and State grant funding have been posted on thepublic hearing/meeting agenda web page and were subject to public notice and comment procedures. The City and its records are available to the public and the City welcomes their input. The City's Title VI/Nondiscrimination Complaint Procedure is available to the public 24 hours/7days a week on our website www.miamiaov.com. 6 of 10 City ot.Miami Title VI Program CHAPTER IV REQUIREMENTS FOR TRANSIT PROVIDERS 7 of 10 City ofMiarni Title VI Program Service Standards o Miami Trolley. Vehicle Load Standards Vehicle Type Average Passenger Capacities Seated (Includes 2 Wheelchairs) Standing Total Maximum Load Factor 33' Trolley 32 10 42 1.3 27' Trolley 22 5 27 1.2 o Vehicle Headway Standards The Miami Trolley system operates on a headway basis. The City's service operates every 15 to 20 minutes for the duration of the service window. On weekends, service operates approximately every 20 minutes. Service scheduling involves consideration of a number of factors including: ridership productivity, land use connectivity, transportation demand management, necessity of congestion reduction, density of transit -dependent population and activities, and relationship to major transportation developments o On time Performance Standards A Miami Trolley is considered on time if it departs a scheduled time point no more than 1 minute early and no more than five (5) minutes late. The Miami Trolley's on -time performance objective is 90% or greater. The City of Miami continuously monitors on -time performance to ensure adherence to these standards. The Miami Trolley typically has few issues with on time performance. Through additional route analysis, including GPS-based vehicle tracking, and a recently installed Computer Aided Dispatch/Automatic Vehicle Location (CAD/AVL) system, the City aims to increase route efficiency, and improve overall performance. The City works continually to ensure trolleys adhere to the expected headway spacing, so as to ensure consistent on -time performance. 8 of 10 City of Miami Title VI Program o Multimodal Service Availability The Miami Trolley stops are located on most blocks along the City's routes, and - no more than 3 blocks apart, encouraging the use of alternative transportation methods such as transit, walking, and biking. All vehicles adhere to ADA guidelines for passenger accessibility. Service Policies o Transit Amenities Policy All vehicles are equipped with the following: • Air conditioned interior • Wheelchair lifts • Wheelchair accessible seating • Non-skid surface installation at entry and exit points • Rubber edged steps to prevent slippage and injury • Front loading bicycle racks Through an Interlocal Agreement with Miami -Dade County the City has the expanded the availability of transit stop amenities which includes the usage of Miami -Dade County Metrobus benches and shelters. This allows passengers to wait for various modes of transit at one stop. The City has installed bus benches and shelters along routes based on the number of passenger boardings at stops and stations along those routes. o Vehicle Assignment Policy Bus assignments take into account the operating characteristics of the two trolley lengths in the City's fleet. These are in turn matched to the operating characteristics of. the City's routes. Routes with lower ridership are generally assigned the 27' trolleys, while routes with higher ridership are assigned the 33' trolleys. Vehicle availability is subject to change, depending on incidents and routine maintenance. 9 of 10 City of Miami Title VI Program Service and Fare Changes The City is committed to seeking public input for fare changes and system modifications to the Miami Trolley system that exceed more than 20% change in a route's alignment . When a Trolley question comes before the City Commission, the item will be noticed and heard as a public hearing, enabling the public and interested stakeholders to voice concerns about potential changes. The City commits to adhering to the following procedures on Commission Meeting items regarding the Miami Trolley: "Notice of the public hearing must be made in a newspaper of general circulation in the area and the notice must be at least 16 square inches in size, must be in ethnic newspapers or local community bulletins, must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual public hearing." lOof 10 This page was intentionally left blank Appendices Appendix A Notifying the Public of Rights Under Title VI and other nondiscrimination Authorities The City of Miami operates its programs and services free of discrimination based on race, color, and national origin in accordance with Title VI of the Civil Rights Act, and based on sex, age, disability, religion and family status in accordance with other Federal and State nondiscrimination authorities. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI or other nondiscrimination authorities may file a complaint with the City of Miami. For more information on the City of Miami's civil rights program, and for questions about the procedures to file a complaint, please contact the City directly by one of the following: Phone: 305-416-1280 TTY: 305-468-5402 In person: 444 SW 2nd Avenue 8th Floor Miami, FL 33130 Online: www.miamiaov.com A complainant may file directly with the U.S Department of Transportation or U.S. Department of Justice by contacting one or both of the following: U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Ave. Washington D.C. 20590 202-366-4648 httos://www.civilrights.dot.gov/about-docr/contact-us U.S. Department of Justice Office of Civil Rights Federal Coordination and Compliance Section, NWB 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 http://www.justice.govicrt/about/cor/coord/titlevi.oho If you require information in a language other than English, please contact 305- 416-1280. Si usted requiere informacion en espanol por favor (lame 305-416-1280. Si ou bezwen enfomasyon so a nan you lot long ke angle, tanpri kontakte 305- 416-1280. Appendix B Acknowledgement of Receipt of Title VI/Nondiscrimination Plan I hereby acknowledge the receipt of the City of Miami Title VI/Nondiscrimination Plan. I have read the plan and am committed to ensuring that no person is excluded from participation in, or denied the benefits of its transit services on the basis of race, color, or national origin, as protected by Title VI, or on the basis of sex, age, disability, religion and family status, as required by other Federal and State nondiscrimination authorities. Recipient signature Print your name Print name of Vendor or Contractor Date ii Appendix C Title VI and Related Nondiscrimination Contract Clauses 1. 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: Compliance. with Regulations: The contractor shall comply with the Acts and the Regulations relative to Nondiscrimination in federally -assisted programs of the U.S. Department of Transportation and other federal and state authorities as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers a program set forth in Appendix B of 49 CFR Part 21. Solicitations 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 shall be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, national origin, sex, age, disability, religion or family status. Information and Reports: The contractor shall provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient, State of Florida or Federal agency to be pertinent to ascertain compliance with such Acts, Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Recipient, State of Florida or Federal funding agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the Nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the funding agency may determine to be appropriate, including, but not limited to: iii Withholding of payments to the contractor under the contract until the contractor complies; and/or Cancellation, termination, or suspension of the contract, in.whole or in part. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 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 shall take such action with respect to any subcontract or procurement as the Recipient of U.S. Department of Transportation, State of Florida or other Federal funding agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. iv Appendix D Title VI/Nondiscrimination Complaint Procedures Any person who believes he or she has been discriminated against on the basis of race, color, national origin, sex, age, disability, religion or fami;y status by the City of Miami (herein referred to as City) may file a discrimination complaint by completing andsubmitting the agency's Title VI/Nondiscrimination Complaint Form. A complaint may be filed no later than 180 days after the date of the alleged discrimination. The City or its designated Title VI/Nondiscrimination Coordinator will process complaints that are complete. Once the complaint is received, the Title VI/Nondiscrimination Coordinator will review it to determine if our office has jurisdiction. The complainant will receive an acknowledgement letter informing him/her whether the complaint will be investigated by our office. The City has 60 days to investigate the complaint. If more information is needed to resolve the case, the City's Title VI/Nondiscrimination Coordinator may contact the complainant. The complainant will have 10 business days from the date of the letter to send the requested information to the investigator assigned to the case. If the investigator is not contacted by the complainant or does not receive the additional information within 10 business days, the Title VI/Nondiscrimination Coordinator can administratively close the case. A case can also be administratively closed if the complainant no longer wishes to pursue their case. After the case is investigated he/she will issue one of two letters to the complainant: a closure letter or a letter of finding (LOF). A closure letter summarizes the allegations and states that there was not a discrimination violation and that the case will be closed. An LOF summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member or other action will occur. If the complainant wishes to appeal the decision, he/she has 10 business days after the date of the LOF to do so. A person may also file a complaint directly with one or both of the following: U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Ave. Washington D.C. 20590 202-366-4648 https://www.civilriahts.dot.gov/ about-docr/contact-us U.S. Department of Justice Office of Civil Rights Federal Coordination and Compliance Section, NWB 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 http://www.justice.gov/crt/abo ut/cor/coord/titlevi.php v Appendix E Discrimination Complaint Form If you feel you have been discriminated against, please provide the following information in order to assist us in processing your complaint and send it to: Carlos Cruz-Casas, P.E. Title VI Coordinator City of Miami 444 SW 2 Ave, 8th Floor Miami, FL 33130 Please print clearly: Name: Address: City, State, Zip Code: Telephone Number: Person discriminated against: (home) (cell) Address of person discriminated against: City, State, Zip Code: Please indicate why you believe the discrimination occurred: race color national origin sex age disability religion family status other What was the date of the alleged discrimination? vi Where did the alleged discrimination take place? Please describe the circumstances as you saw it: Please list any and all witnesses' names and phone numbers: Please attach any documents which support the allegation. Then date and sign this form and send to the Title VI/Nondiscrimination Coordinator at: City of Miami Attention: Title VI/Nondiscrimination Coordinator 444 SW 2 Ave, 8th Floor Miami, FL 33130 Your signature Print your name Date vii Appendix F Letter Acknowledging Receipt of Complaint Date Complainant's Name Complainant's Address Dear (Mr. /Ms.) : This letter is to acknowledge receipt of your complaint against the City of Miami alleging An investigation will begin shortly. If you have additional information you wish to convey or questions concerning this matter, please feel free to contact this office by telephoning 305-416-1280, or write to me at this address. Sincerely, Carlos Cruz-Casas, P.E. Title VI/Nondiscrimination Coordinator City of Miami 444 SW 2 Ave, 8th Floor Miami, FL 33130 viii Appendix G Letter Notifying Complainant that the Complaint Is Substantiated Date Compldiriarit`s Name Complainant's Address Dear (Mr. /Ms.): The matter referenced in your letter of (date) against the City of Miami alleging Title VI violation has been investigated. (An/Several) apparent violation(s) of (list all applicable nondiscrimination authorities) including those mentioned in your letter (was/were) identified. Efforts are underway to correct these deficiencies. Thank you for bringing this important matter to our attention. You may be hearing from this office, or from federal authorities, if your services should be needed during the administrative hearing process. Sincerely, Carlos Cruz-Casas, P.E. Title VI/Nondiscrimination Coordinator City of Miami 444 SW 2 Ave, 8th Floor Miami, FL 33130 ix Appendix H Letter Notifying Complainant that the Complaint Is Not Substantiated Date Complainant's Name Complainant's Address Dear (Mr. /Ms.) The matter referenced in your complaint of (date) against the City of Miami alleging has been investigated. The results of the investigation did not indicate that the provisions of Title VI of the Civil Rights Act of 1964 or other federal or state nondiscrimination authorities had in fact been violated. As you know, Title VI prohibits discrimination based on race, color, or national origin in any program receiving federal financial assistance, while later and related authorities forbid discrimination on the basis of sex, age, disability, religion and family status The City Attorney has analyzed the materials and facts pertaining to your case for evidence of the city's failure to comply with any of the civil rights laws. There was no evidence found that any of these laws have been violated. I therefore advise you that your complaint has not been substantiated, and that I am closing this matter in our files. You have the right to 1) appeal within seven calendar days of receipt of this final written decision from the City, and/or 2) file a complaint externally with the U.S. Department of Transportation and/or the U.S. Department of Justice af: U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Ave. Washington D.C. 20590 202-366-4648 https://www.civilrights.dot.gov/ about-docr/contact-us U.S. Department of Justice Office of Civil Rights Federal Coordination and Compliance Section, NWB 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 http://www.justice.gov/crt/about /cor/coord/titlevi.php x Thank you for taking the time to contact us. If I can be of assistance to you in the future, do not hesitate to contact me. Sincerely, Carlos Cruz-Casas, P.E., Title VI Coordinator City of Miami 444 SW .2 Ave,.8th Floor Miami; FL 33130 xi Appendix I List of Title VI and Other Discrimination Investigations, Complaints, and Lawsuits The City of Miami does not have any active investigations, complaints, or lawsuits to disclose at this time. Any future disclosures will be listed under this appendix in the Title VI/Nondiscrimination Program Plan. E.'.YG �ytlromplatnts .z�` n �" _ - —9-- 4 x'}i } F J' "`.S- s ` `, eF '-,_ t �{lncludebasis flfi compainf Lace -olorncrnanal arm sex age iisabiliiy� religion family " .33s�fie k of - esol an ._. $ C-omplarnt Sta us of ction 7aicen - � � Mo fh Bate �C-cmplaint androrfin action s S Years v; Fes--` x x :3_ - _.- .., �- 3fat s other) t< Investigations 1. 2. Lawsuits 1. 2. Complaints 1. 2. xii