The Administration recommends that the Mayor and City Commission adopt the Resolution approving a Citywide Title VI Nondiscrimination Policy and Plan for all City services, programs, and activities.   

At the May 21, 2014 City Commission meeting, the Commission approved an Interlocal Agreement with Miami-Dade County for provision of municipal circulator services (North Beach trolley loop).  Provisions of the agreement include compliance with federal requirements as determined by the Federal Transit Administration (FTA), including Title VI of the Civil Rights Act of 1964. Title VI stipulates that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

In 2014, pursuant to FTA requirements, the City developed a Title VI Program Plan specific to the City’s transit/trolley service.  The Plan was reviewed by AECOM, a transportation planning and engineering firm under the City’s rotational contracts, to ensure that the Program Plan complied with all federal requirements. The Title VI Program Plan was adopted by the City Commission on June 11, 2014.

In order to receive Federal funds for projects that include, but are not limited to, transit projects, local agencies and their contractors and consultants must comply with Federal and State nondiscrimination authorities, including state statutes, US Department of Justice (USDOJ), US Department of Transportation (USDOT), and Federal Highway Administration (FHWA) regulations, orders, and notices. To maintain Certification in the Local Agency Program (LAP), local agencies must submit the Sub-recipient Compliance Assessment Tool (SCAT) once every three (3) years or at the request of USDOT. In Florida, for cities to be eligible to receive federal funding through FDOT, sub-recipients must have a Title VI/Nondiscrimination Policy adopted by their governing board that covers all programs, services and activities provided by the City.

Earlier this year, as part of the required LAP re-certification process, FDOT reviewed the City's adopted 2014 Title VI Program Plan and found that while the adopted Plan meets FTA requirements, the City’s current version was limited to transit services and therefore not broad enough to meet FHWA/FDOT requirements. 

Pursuant to FHWA/FDOT requirements, City staff drafted a new Title VI/Nondiscrimination Policy and Plan to supplement the existing Plan by including all City services, programs, and activities. The Title VI Program and Related Nondiscrimination Policy and Plan references the City’s Human Rights Ordinance codified in Chapter 62 of the City Code and provides a claim form incorporating any claims of discrimination based upon Title VI and related discrimination claims as well as any claims under the protected categories covered by the City’s Human Rights Ordinance.

The Draft Title VI/Nondiscrimination Policy and Plan was submitted to FDOT earlier this year for a sufficiency review and was found to meet FHWA/FDOT requirements, in addition to FTA requirements.

Below is a brief description of the major components of the Draft Title VI Program Plan as developed by the Administration and approved by FDOT.

• City’s Policy Statement: Through this Program Plan, the City commits to non-discrimination in any of its programs, services or activities as evidenced by the City of Miami Beach Human Rights Ordinance codified in Chapter 62 of the City Code as may be amended from time to time. Pursuant to Title VI of the Civil Rights Act of 1964 and other federal and state authorities, as more particularly described in 23 CFR Part 200, the City will not i) exclude anyone from participation in, ii) deny anyone the benefits of, or iii) subject anyone to discrimination under any city program, service, or activity, on the grounds of race, color, national origin, sex, age, disability, religion, income or familial status.

• Title VI Program and Related Discrimination Complaint Procedure: The City has established a Title VI Program and related discrimination complaint procedure that references the City's Human Rights Ordinance as codified in Chapter 62 of the City Code and will take prompt and reasonable action to investigate and eliminate discrimination when found. In addition, the proposed Program identifies a Title VI Coordinator for the City.

• ADA/504 Statement: The City commits to making every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The City will make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by the disabled community and disability service groups. The City encourages the public to report any facility, program, service or activity that appears inaccessible to those who are disabled. Furthermore, the City will provide reasonable accommodation to disabled individuals who wish to participate in public involvement events or who require special assistance to access facilities, programs, services or activities. In addition, the proposed Title VI Program Plan identifies an ADA Coordinator for the City.

• Limited English Proficiency (LEP) Analysis: This analysis determined that there is a significant percentage of Spanish-speaking population in the City. In an effort to promote the use of City services by LEP customers, the City will make information readily available in both English and Spanish such as City’s website (published in English and it may be translated into Spanish or any other language as part of Google Translate tool by clicking Google Select Language icon on the bottom left corner of the City's webpage), public meeting notices, project information, and bilingual customer service staff. Complaint forms are available on-line in both English and Spanish. Additional information can be provided in Spanish upon request, and a telephone number and point of contact for the City is provided in the Program Plan.

• Public Involvement: In order to plan for efficient, effective, safe, equitable and reliable programs, services or activities, the City must have the input of its public. The City commits to holding meetings, workshops and other events designed to gather public input on project planning, design, and construction. Furthermore, the City attends and participates in other community events to promote its services to the public. The City also commits to constantly seeking ways of measuring the effectiveness of its public involvement.

As mentioned above, for cities to be eligible to receive federal funding through FDOT, sub-recipients must have a Title VI/Nondiscrimination Policy and Program Plan adopted by their governing board that covers all programs, services and activities provided by the City.  A City of Miami Beach Title VI Program Plan adopted by the City Commission will ensure the City remains eligible to receive federal funding for current and future roadway, infrastructure, and transit projects and will also serve to proactively discourage discrimination on the basis of race, color, national origin, sex, age, disability, religion, income or family status by adequately educating and involving the community in the planning process as well as the implementation of citywide services, programs, and activities.