HomeMy WebLinkAboutR-18-0408City of Miami
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Legislation
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Resolution: R-18-0408
File Number: 4710
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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
City of Miami Page 1 of 3 File ID: 4710 (Revision:) Printed On: 12/4/2018
File ID: 4710
Enactment Number: R-18-0408
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.
' 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.
City of Miami Page 2 of 3 File ID: 4710 (Revision:) Printed on: 12/4/2018
File ID: 4710
Enactment Number: R-18-0408
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor ey 9/18/2018
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.
City of Miami Page 3 of 3 File ID: 4710 (Revision:) Printed on: 12/4/2018