A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE UPDATED TITLE VI NONDISCRIMINATION POLICY AND PLAN, IN THE FORM ATTACHED TO THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION; AND FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE FURTHER MODIFICATIONS TO THE TITLE VI NONDISCRIMINATION POLICY AND PLAN AS MAY BE REQUIRED BY THE APPLICABLE FEDERAL AND STATE GOVERNMENTAL AGENCIES WHICH OVERSEE THE FEDERAL ASSISTANCE PROGRAMS IN WHICH THE CITY PARTICIPATES.

The Administration recommends that the Mayor and City Commission adopt the Resolution adopting the updated Title VI/Nondiscrimination Policy and Plan.

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 order to receive federal funds for projects, including transit projects, the local agencies and their contractors and consultants must comply with Title VI, Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA), as well as other related federal and state laws and regulations, including Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) regulations, and the Florida Department of Transportation (FDOT) guidelines.  Furthermore, to maintain certification in the federal Local Agency Program (LAP) and be eligible for federal LAP funding through FDOT, the City, as a sub-recipient, must have a Title VI/ Nondiscrimination Policy and Plan that covers all programs, services and activities of the City.

On June 11, 2014, the City Commission via Resolution No. 2014-28641 (Attachment A) adopted a Title VI Program Plan (the 2014 Title VI Program Plan).  At that time, the plan was specific to the City’s trolley service.

On January 17, 2017, the City Commission via Resolution No. 2017-29718 (Attachment B) adopted a Title VI/ Nondiscrimination Policy and Plan, supplementing the 2014 Title VI Program Plan, by expanding its application to all citywide services; and further authorized the City Manager or designee to make such further modifications to the Title VI/Nondiscrimination Policy and Plan as may be required by the applicable federal and state governmental agencies which oversee the federal assistance programs in which the City participates.

On January 8, 2021, the City Commission was informed via LTC# 010-2021 (Attachment C) that the Title VI/ Nondiscrimination Policy and Plan was updated administratively as follows:

·       Title VI Program Coordinator – to reflect new Coordinator

·    Language Assistance Plan and Limited English Proficiency (LEP) Analysis - data was updated to reflect 2018 America Community Survey information

·       Data Collection paragraph added to adhere to FHWA regulations

FTA requires that all direct and primary recipients document their compliance with U. S. Department of Transportation Title VI regulations by submitting a Title VI Program Plan to their FTA regional civil rights officer once every three years or as otherwise directed by FTA.  For all recipients (including sub-recipients), the Title VI Program Plan must be approved by the recipient's Board of Directors or appropriate governing entity or officials responsible for policy decisions prior to submission to FTA.

The Administration has updated the Title VI Program Plan Limited English Proficiency (LEP) Analysis to reflect 2019 America Community Survey information.  No other changes were made to the 2021 Program Plan.  Pursuant to federal requirements, the Administration is seeking the City Commission’s approval of the updated 2022 Title VI/Nondiscrimination Policy and Plan (Attachment D).

To be eligible to receive federal funding, cities must have an updated Title VI/Nondiscrimination Policy and Program Plan adopted by their governing board that covers all programs, services and activities provided by the City.   

The 2022 Title VI/Nondiscrimination Policy and Plan will ensure the City remains eligible to receive federal funding for current and future roadway, infrastructure, and transit projects and services 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.