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3Sout~iami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: AMOUNT: ACCOUNT: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager March 1, 2016 Agenda Item No.: :3 A Resolution of the City of South Miami, Florida, Approving the Transit Service- Title VI Program Plan, in accordance with Title VI of Civil Rights Act of 1964. The Plan serves to ensure that the City of South Miami operates certain programs and services without regard to race, color, and national origin in accordance with Title VI and gives public notice that it complies with Title VI of the Civil Rights Act of 1964 and all related statutes. Title VI provides that "No person in the United States shaJl, on the ground 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. " The Plan also ensures that users of the Transit Service are able to make anti- discrimination complaints and has procedures in place for investigating, tracking and providing an administrative remedy to these types of complaints. In complying with requirements of Miami Dade County and the Federal Government, the execution of the Title IV Plan is the first step to move forward with the SoMi Trolley System. Not applicable Not applicable AnACHMENTS: Resolution Title VI Program Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO.: _____ _ A Resolution of the City of South Miami, Florida, Approving the Transit Service-Title VI Program Plan, in accordance with Title VI of Civil Rights Act of 1964 WHEREAS, the City's Transit Service ("Transit Service") provides an important civil function by offering fixed-route transit services allowing all members of the public to access jobs, essential community services, shopping, medical appointments and other vital transit uses; and WHEREAS, the Transit Service, as a Sub recipient of ARRA pass-through funding, is required by MDT to have an approved Title VI Program Plan ("Plan"), in accordance with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin in programs and activities; and WHEREAS, the Plan serves to ensure that users of the Transit Service are able to make anti- discrimination complaints and to have procedures in place for investigating, tracking and providing an administrative remedy to these types of complaints; and WHEREAS, the Plan will also increase public awareness to the Transit Service, including those persons with limited English proficiency, by providing access to vital documents in English, Creole and Spanish languages; and WHEREAS, the Mayor and City CommiSsion of the City of South Miami, find the proposed Plan to be in the best interest of the City, and an enhancement to the quality of life of all Transit Service users. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City of South Miami, Florida, hereby approve the Somi Transit Service -Title VI Program Plan (attached hereto as "Exhibit I "), in accordance with Title VI of Civil Rights Act of 1964, as required for the City of South Miami. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity ofthe remaining portions ofthis resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote ofthe City Commission. PASSED AND ADOPTED this ___ day of _____ -', 2016. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATIORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond City of South Miami THE CITY OF PLEASANT LIVING TITLE VI Program Plan Effective: April 1. 2015 Pa 'C I GENERAL REQUIREMENTS TITLE VI NOTICE TO THE PUBLIC The City of South Miami gives public notice that it complies with Title VI of the Civil Rights Act of 1964 and all related statutes. Title VI provides that "no person in the United States shall, on the ground 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." City of South Miami operates its programs and services without regard to race, color, and national origin in accordance with Title VI. For more information on City of South Miami Title VI Program, obligations, and procedures and/or to file a complaint, please contact or mail a complaint form to: Shari Kamali Assistant City Manager 6130 Sunset Drive South Miami, FL 33143 A complainant may also file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor -TCR, 1200 New Jersey Ave., SE, Washington, DC 20590 TITLE VI COMPLAINT INSTRUCTIONS AND PROCEDURE Any person who believes she or he has been discriminated against on the basis of race, color, or national origin by City of South Miami may file a Title VI complaint by completing and submitting City of South Miami's Title VI Complaint Form. City of South Miami investigates completed complaint forms that are filed no later than 180 calendar days following the date of the incident in question. Page 2 How to file a complaint: A complaint can be filed in writing and mailed to the following address: Shari KamaH Assistant City Manager 6130 Sunset Drive South Miami, FL 33143 The preferred method is to file a complaint in writing by completing the City of South Miami Title VI Complaint Form. If you do not use the City of South Miami Title VI Complaint Form, your written complaint must be signed and at a minimum contain the following: 1. Contact information including name, mailing address, telephone number (s) and e-mail address, etc. 2. A description of how, when, where and why you believe you were discriminated against including location, names and contact information of any witnesses; and 3. Other information that you deem significant or important. Title VI Pl'ocedUl'e 1. When a complaint is received by The City of South Miami, the City will review it to determine if our office has jurisdiction. The complainant will receive a written acknowledge- ment within ten (30) days informing him/her whether the complaint wlli be investigated by our office. If the decision is not to investigate as a Title VI complaint, the notification shall state the reason (s) for the decision. 2. If a complaint is incomplete, additional information may be requested, and the complainant wlli be provided thirty (30) business days to submit the required information. If the infor- mation is not received within the time requested, the case can be administratively closed by The City of South Miami. A case can also be administratively closed if the complainant no long- er wishes to pursue their case. Page 3 3. The City of South Miami will make every effort to complete the investigation within sixty (60) days of receiving the complaint. Once the investigation is completed, a letter stating the findings of the investigation will be sent to the complainant. 4. The complainant shall be notified of his/her right to appeal the decision. A person may also file a complaint directly with the Federal Transit Administration at FTA Office of Civil Rights, 1200 New Jersey Ave., SE, Washington, DC 20590. The City of South Miami Title VI Complaint Form -select to download a PDF copy of this form. 'ogral11 Pian Active Complaints or Inquiries alleging Discrimination CSM maintains a list of all complaints alleging discriminlltion. This list is mllintained and stored electronically. r;n South"'Miami Tlte enYoi' PI Eh5AN, IIVll'.:li List of TITLE VI Investigations, Lawsuits and Complaints Page 5 CSM PUBLIC PARTICIPATION PLAN PUBLIC PARTICIPATION ELEMENT The City of South Miami's Public Participation Plan is being prepared to ensure that no one is precluded from participation in connection with the City's maintenance and development pro- cess. The plan ensures that: Potentially affected community members will have an appropriate opportunity to par- ticipate in decisions about a proposed activity that will affect their environment and/ or health; The public's .contribution can influence the City's decision making concerning certain transit related facilities; The concerns of all participants involved will be considered in any appropriate deci- sion-making process; and The City will facilitate the involvement of those potentially affected. The City of South Miami's Public Participation Plan is intended to encourage and guide public involvement efforts and enhance access to the City's transportation-related decision making process by minority and limited English proficient populations. The City of South Mi<!mi informs residents of any proposed changes to the applicable transit related factltties through the process of a public workshop meeting advertised on the City's website and posted in the lobby of its City hall 2 days prior to the meeting. The City and its records are available to the public. The City's Title VI Complaint Procedure is available to the public 24 hours/7 days a week via our website www.southmiamifl.gov. MINORITY REPRESENTATION ON COMMITTEES AND COUNCIL The City of South Miami does not have any transit-related committees. If any such committee is established in the future, this Plan will be amended to depict minority representation on such committee, and to describe the efforts made to encourage participation of minorities on . such committee. -itle VI Program Plan PROVIDING MEANINGFUL ACCESS TO LIMITED ENGLISH PROFICIENT PERSONS LEP refers to persons for whom English is not their primary language and who have a limited abilit;y to read, write, speak or understand English. It includes people who reported to the u.s. Census that they speak English less than very well, not well, or not at all. In order to ensure meaningful access to its services and programs, The City of South Miami uses the information obtained in a Four Factor Analysis to determine the specific language services that are appropriate. This analysis helps The City of South Miami to determine if it communicates effectively with LEP persons and informs language access planning. LIMITED ENGLISH PROFICIENT (LEP) FACTOR 4 -Resources and CostsJor LEP Outreach The Four Factor Analysis is an individualized assessment that considers: 1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the any applicable transit related facilities; 2. The frequency with which LEP persons come into contact with the applicable transit related facilities: 3. The nature and importance of the applicable transit related facilities to people's lives; and 4. The resources available to The City of South Miami for LEP outreach, as well as the cost associated with that outreach. The first step in the analysis is understanding the proportion of LEP persons who may encounter the transit related facilities, their literacy skills in English and their native language, the location of their community and neighborhoods and, more importantly, if any are un- derserved, as a result of a language barrier. To do this, the City attempted to evaluate the level of English literacy and to what degree people in its service area speak a language other than English and what those languages are. Data for this review is derived from the United States Census Bureau "Quick Facts" web page Page 7 SURVEY NAME: ______ _ DATE: ____ _ 1. Name of Company that you work for? 2. What is your Job Title? 3. What is your Job Description? 4. Can you communicate in any other language besides English and if so what is the other language or languages? 5. How often in your shift or shifts in a workday do you have to speak another language other than English, please circle below: Never Rarely Sometimes All the time '0 'ram Plan Appendix A Complaint Form CSM Title VI Program PIal Page 9 City of South Miami Title VI Non-Discrimination Program CO)Rplaint of Discrimination Complainant (s) Name: Complainant (5) Address: Nombre (s) de (los) Reelamante (s): Dlreeeion de (los) Reelomante (s): Complainant (5) Phone Number: Numero de telefono de (/os) Ree/amante (s): Complainant's Representative's Name, Address. Phone Number and Relationship (e.g. friend, attorney, parent, etc): Nombre del representante del Reclamante, direccion, telefono y relac/oll (por ejemplo amigo, abogado, padres, etc); Name and Address of Agency, Institution, or Department Whom You AUege Discriminated Against You; Nombre y Direcclon de la agencia, lnstltuclon 0 departamento que usted alega discrlmino en su contra; Names of the Individual (5) Whom You Allege Discriminated Agaln5tYou (If known): Nombre (5) de (los) Indlv/dual (5) que usted allege dlserlmlnaron en su contra (5110sabe); I believe the discrimination I experIenced Date of Alleged Discrimination: was based on: DRace Raza Fecha de la Supuesta d/scrim/nacion: (check all that apply): o Color Color Creo que la dlscrlmlnaclon que yo exper/~ o National Origin mente jue basado en (marquee todos los Orlgen Naelonal que apl/quen): Mall to: Envle porcorr.., a: City of South Miami (CSM). 6130 Sunset Drive South Miami. FL 33143 Attn: Shari Kamal!. This form may also be faxed to:Este formularlo tamblen se puede envlar por fOK a: 305·663·6345 Attn: Shari Kamal!. A complaint must be flied no later than 30 days after the date of the alleged discrimination. Toda que)a tiene que ser reportada dentro de los 30 dlas slgoientes al incldente de alegada discrimination 'itle VI Progra\11 ph\1l ~ Souili'Miami 1111(J1VOFI'lEA~A~f HVING City of South Miami Title VI Non-Discrimination Program Complaint of Discrimination Please list the name (s) and phone number (s) of any person, If known, that City of South Miami could contact fot additional Information to support or clarllY your allegation (5), Por favor enumere el (los) number (51 y tele[ono (s) de cualquer persona, sf sabe, que fa Ciudad de South Miami podr;o con- tactar para obtener informacion adlclonal para respaldar 0 aelarar 10 que usted alega. Please explain as clearly as possIble how, why, when and where you believe you were discriminated against. Include as much background Information as possible about the alleged acts of discrimination. Additional pages may be attached if needed, Por favor expUque 10 mas claramente poslblecomo, por que, cuando y donde cree usted que dlscrlmlnaron en su contra. Incluya 10 mayor eantldad de Informacion de segundo plano possible aeereD de los supustos aetas de dlscrlmlnacion. Puede agregar paglnas adicionales si es necesario. Complainant (s) or Complainant (s) Representatives Signature: Date of Signature: Firma de (las) Reelamante (s) 0 de los representates de (/as) Reel.mante (s): Fecha de la Firma: '0 ralll Plan Appendix B Letter Acknowledging Receipt 0/ Complaint I'a c 12 City letter head Letter Acknowledge Receipt of Complaint Date Complainant's Name Complainant's Address Dear (Mr./Mrs.): This letter is to acknowledge that a complaint has been received from you alleging6-___ _ An investigation begin shortly. If you have additional Information you wish to conveyor questions concerning this matter, please contact me at 305-663-2510. Sincerely, Shari Kamali City of South Miami -Assistant City Manager 6130 Sunset Drive South Miami, FL 33143 Page I ~ Appendix C Letter Notifying Complainant that the complaint is Substantiated CSM Title VI Program PhH City letter head Letter Acknowledge Complainant that the Complain is Substantiated Date Complainant's Name Complainant's Address Dear (Mr./Mrs.): The matter reference in your letter dated against the City of South Miami transit related system alleging of a Title VI violation has been investigated. The violation of the Title VI of the Civil Rights Act of 1964 mentioned in your letter was identified. Corrective action of this deficiency (s) is being implemented to ensure that this issue does not ari.se again. Thank you for bringing this matter to our attention. Sincerely, Shari Kamali City of South Miami -Assistant City Manager 6130 Sunset Drive South Miami, FL 33143 -Itle VI Pro 'ram Plan Appendix D Letter Notifying Complainant that the Complaint is Not Substantiated City letter head Letter Acknowledge Complainant that the Complain is Not Substantiated Date Complainant's Name Complainant's Address Dear (Mr./Mrs.): The matter referenced in your complaint dated __ against the City of South Miami Transit Sys- tem alleging The results of the investigation did not validate that there was any violation of the Title VI of the Civil Rights Act of 1964. As you know, Title VI prohibits discrimination based on race, color or national origin in any. program receiving federal financial assistance. The city's attorney has reviewed and analyzed the materials and facts pertaining to your case for evidence that a vioiation to any of the civil rights laws as occurred. There was no evidence found to substantiate your complaint and we are closing this matter in our files. You have the right to appeal within ten days of receipt of this final written decision and/or file the complaint directly with the FTA Federal Transit Administration at: Federal Transit Administration Office of Civil Rights Attn.: Title VI Program Coordinator East Building, 5th Floor -TCR 1200 New Jersey Avenue, SE Washington, DC 20590 Thank you for taking the time to contact us. If we can be of further assistance please contact us Sincerely, Shari Kamali City of South Miami -Assistant City Manager 6130 Sunset Drive South Miami, FL 33143 CSM Title VI Program Plm