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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4710 Date: 08/23/2018 Commission Meeting Date: 09/27/2018 Requesting Department: Office of Equal Opportunity & Diversity Programs Sponsored By: District Impacted: All Type: Resolution Subject: Adopt - Nondiscrimination Program Plan Purpose of Item: 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 ("LAP") Background of Item: In April 2018, 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 ("Plan") in 2015, pursuant to Resolution 15- 0464. Since then, the City has recruited a new Equal Opportunity and Diversity Program Director who, by proxy, also acts as the new Title VI Coordinator. 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 process. Budget Impact Analysis Item is Related to Revenue Total Fiscal Impact: Reviewed B Office of Equal Opportunity & Diversity Programs Review Completed 08/24/2018 2:19 PM Office of Management and Budget Everton Garvis Office of Management and Budget Christopher M Rose City Manager's Office Nikolas Pascual Legislative Division Valentin J Alvarez Asseline Hyppolite Department Head Budget Analyst Review Budget Review City Manager Review Legislative Division Review Completed Completed Completed Completed 08/24/2018 2:45 PM 08/29/2018 11:52 AM 08/29/2018 1:55 PM 08/30/2018 11:27 AM Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Pablo Velez Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 09/14/2018 4:17 PM 09/14/2018 4:28 PM 09/18/2018 11:32 AM 09/27/2018 9:00 AM 10/09/2018 2:56 PM 10/09/2018 3:44 PM 10/09/2018 3:44 PM City of Miami Legislation Resolution Enactment Number: R-18-0408 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4710 Final Action Date:9/27/2018 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, INCLUSIVE OF THE PROVISION OF THE CITY'S NEW EQUAL OPPORTUNITY AND DIVERSITY PROGRAM 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; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER AGREEMENTS OR DOCUMENTS REQUIRED, IN A FORM 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. 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 ("FDOT") 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 ("USDOT"), 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 Contractor(s) 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 Plan pursuant to Resolution No. 15- 0464 and, since then, the City has recruited a new Equal Opportunity and Diversity Program ("EODP") Administrator who serves as the Plan's Coordinator for the City; 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 Title VI Nondiscrimination Program Plan ("Plan"); and WHEREAS, additional revisions were made to the language of the City's current Plan also resulting in the need for adoption of a new Resolution which would allow the City to complete its LAP recertification process; 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 new EODP 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, in a 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 and signature of the Mayor.2 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. APPROVED AS TO FORM AND CORRECTNESS: