HomeMy WebLinkAboutLegislationFile Number: 15-01004
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ADOPTING A "TITLE VI/NONDISCRIMINATION PROGRAM PLAN" FOR THE CITY
OF MIAMI ("CITY") AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT
SAID PLAN WITHIN 30 CALENDAR DAYS; AUTHORIZING THE CITY MANAGER
TO EXECUTE A TITLE VI NONDISCRIMINATION ASSURANCE AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND TO EXECUTE ANY OTHER
AGREEMENTS OR DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE CITY TO COMPLY WITH FEDERAL, STATE, AND
LOCAL NONDISCRIMINATION LAWS AS MAY BECOME NECESSARY;
DESIGNATING THE DIRECTOR OF THE OFFICE OF EQUAL OPPORTUNITY AND
DIVERSITY PROGRAMS TO SERVE AS THE TITLE VI COORDINATOR FOR THE
MANAGEMENT OF THE CITY'S TITLE V1/NON DISCRIMINATION PROGRAM.
WHEREAS, on November 14, 2014, pursuant to Resolution No. 14-0444, 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 trolley buses; and
WHEREAS, the City finds 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
discriminatory activities involving public facilities, services and programs in order to meet program
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 pass-thru Federal funds to fund local project priorities as a sub -recipient of FDOT; and
WHEREAS, in order to continue to receive Federal funds, FDOT requires all participating Local
Agencies to demonstrate compliance with Federal and State nondiscrimination authorities, including
statutes and administrative rules, such as the United States Department of Justice, United States
Department of Transportation and the Federal Highway Administration regulations, orders and notices;
and
WHEREAS, FDOT mandates that Local Agencies execute and provide an assurance in the form of
the FDOT Nondiscrimination Agreement, as per 49 Code of Federal Regulations ("CFR") 21 and 23
CFR 200.9(x)(1); and
WHEREAS, said assurances serve 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),
Citji of Aliami Pare 1 of 2 File Id: 15-01004 (Version: 1) Printed On: 10/13/2015
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Resolutioin
File Number: 15-01004
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ADOPTING A "TITLE VI/NONDISCRIMINATION PROGRAM PLAN" FOR THE CITY
OF MIAMI ("CITY") AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT
SAID PLAN WITHIN 30 CALENDAR DAYS; AUTHORIZING THE CITY MANAGER
TO EXECUTE A TITLE VI NONDISCRIMINATION ASSURANCE AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND TO EXECUTE ANY OTHER
AGREEMENTS OR DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE CITY TO COMPLY WITH FEDERAL, STATE, AND
LOCAL NONDISCRIMINATION LAWS AS MAY BECOME NECESSARY;
DESIGNATING THE DIRECTOR OF THE OFFICE OF EQUAL OPPORTUNITY AND
DIVERSITY PROGRAMS TO SERVE AS THE TITLE VI COORDINATOR FOR THE
MANAGEMENT OF THE CITY'S TITLE V1/NON DISCRIMINATION PROGRAM.
WHEREAS, on November 14, 2014, pursuant to Resolution No. 14-0444, 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 trolley buses; and
WHEREAS, the City finds 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
discriminatory activities involving public facilities, services and programs in order to meet program
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 pass-thru Federal funds to fund local project priorities as a sub -recipient of FDOT; and
WHEREAS, in order to continue to receive Federal funds, FDOT requires all participating Local
Agencies to demonstrate compliance with Federal and State nondiscrimination authorities, including
statutes and administrative rules, such as the United States Department of Justice, United States
Department of Transportation and the Federal Highway Administration regulations, orders and notices;
and
WHEREAS, FDOT mandates that Local Agencies execute and provide an assurance in the form of
the FDOT Nondiscrimination Agreement, as per 49 Code of Federal Regulations ("CFR") 21 and 23
CFR 200.9(x)(1); and
WHEREAS, said assurances serve 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),
Citji of Aliami Pare 1 of 2 File Id: 15-01004 (Version: 1) Printed On: 10/13/2015
File Number: 15-01004
regardless of whether those programs and activities are Federally funded or not; and, serve as a
contract agreement between FDOT and the Local Agency regarding the remedy that may be sought
for breach;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Commission adopts the revised Title VI/Nondiscrimination Program Plan, as
more particularly described in Exhibit "A", attached and incorporated and authorizes the City Manager
to implement said plan within 30 calendar days.
Section 2. The City Manager is authorized{1} to execute a Title VI Nondiscrimination Assurance
Agreement, in a form acceptable to the City Attorney, with FDOT and to execute any other agreements
or documents necessary, in a form acceptable to the City Attorney, for the City to comply with Federal,
State and Local nondiscrimination laws as may become necessary.
Section 3. The Director of the Office of Equal Opportunity and Diversity Programs is hereby
designated to serve as the Title VI Coordinator for the management of the City's Title VI
/Nondiscrimination Program.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPRO�ED AS TO FORM AND CORRECTNESS:
VICT RIA ME DEZ
CITY ATTORNEY
Footnotes:
{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.
Cite of Miami Page 2 of 2 File Id: 15-01004 Olersiort: 1) Priwed On: 10113/2015