Res No 176-18-15209RESOLUTION NO: 176-18-15209
A Resolution of the City of South Miami approving the updated Title VI
Program Plan for all City programs, activities and services, in accordance with
changes to Title VI of the Civil Rights Act of 1964
WHEREAS, Title VI provides that "no person in the United States shall, on .the ground of
race, color, age, sex, religion, disability, family status or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any programs,
activities and services receiving Federal financial assistance; and
WHEREAS, the City of South Miami as a sub-recipient of federal funds is required to
have an approved Title VI Program Plan ("Plan"), in accordance with Title VI of the Civil Rights
Act of 1964 and all related statues; and
WHEREAS, the City of South Miami has previously passed legislation creating a Title VI
plan for the City of South Miami transit system; and
WHEREAS, since the development of the previous Title VI plan, changes to the Title VI
program have required the updating of this plan to include a broader range of protected classes and
extend Title VI protections to all City operated programs, activities and services; and
WHEREAS, the updated Plan serves to ensure that users of all City programs, activities
and services can make anti-discrimination complaints and to have procedures in place for
investigating, tracking and providing an administrative remedy for these types of complaints; 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 oflife of all
residents.
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 updates to the -Title VI
Program Plan (attached hereto as "Exhibit 1 in accordance with changes to 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 of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 20 th day of September, 2018.
Page 1 of2
Res. No. 176-18-15209
ATTEST: APPROVED:
C~Y~~ J/{PJuJUJ
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Gil: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Page 2 of2
City Commission Agenda Item Report
Meeting Date: September 20,2018
Submitted by: Zachariah Cosner
Submitting Department: City Manager
Item Type: Resolution
Agenda Section: CONSENT AGENDA
Subject:
Agenda ttem No:8.
A Resolution of the City of South Miami approving the updated Title VI Program Plan for all City programs,
activities and services, in accordance with changes to Title VI of the Civil Rights Act of 1964.315 (City Manager)
Suggested Action:
Attachme nts:
Memo-_Title_VI_Program]lan_Updates.docx
Resolution updating Title_VI]rogram_Plan CArev.docx
1
THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
September 4, 2018 Agenda Item No.: __
A Resolution of the City of South Miami, Florida, updating and make
changes to the language of the Title VI Program Plan for City programs,
activities and services, in accordance with changes to Title VI of the Civil
Rights Act of 1964.
The City of South Miami is a sub-recipient of Federal funds from the u.S.
Department of Transportation modal agencies, including Federal Highway
Administration (FHWA) and Federal Transit Administration (FTA) via the
Florida Department of Transportation's (FDOT) Local Agency Program.
Pursuant to Section 9 of US DOT Order 1050.2A all such sub-recipients of
federal funding must comply with the requirements of Title VI of the Civil
Rights Act of 1964 and other nondiscrimination statutes, regulations and
authorities.
To achieve compliance, the City of South Miami Commission passed
resolution No. 045-16-14600 approving a Title VI program plan for the
City's transit service on March pt of 2016. However, since the passage of
this resolution, changes to the FDOT's Title VI requirements for sub-
recipients require the updating of this Title VI plan to encompass several
new protected classes as well as extend the Title VI program plan to
additional programs, activities and services. This resolution serves to
authorize the attached amendments to the City of South Miami's Title VI
Program Plan. (amendments to the Plan are in red)
Resolution
Title VI document
2
City of South Miami
Title VI Non-Discrimination Program Plan
,
South Miami
THE eny ()F PLEASA \IT LiVI NG
(Revised September, 2018)
(Revisions are in red)
5
Tlif-(:lTY ()F VI fAS'-\'llIIVINC
Contents:
1-Title VI Policy Statement
2-Title VI Notice to the Public
3-Title VI Complaint Instructions & Procedure
5-Active Complaints or Inquiries Alleging Discrimination
6-Data Collection
7 -City of South Miami Public Participation Plan
8-limited English Proficient Persons Provision
9-Forms
6
Title VI Policy Statement
The City of South Miami values diversity and welcomes input from all interested parties,
regardless of cultural identity, background or income level. Moreover, the Agency believes that the best
programs and services result from careful consideration of the needs of all of its communities and when
those communities are involved in the transportation decision-making process. Thus, the city does not
tolerate discrimination in any of its programs, services or activities. Pursuant to Title VI of the Civil
Rights Act of 1964 and other federal and state authorities, the City of South Miami commits that no
person shall be excluded from participation in, be denied the benefits of, or be subjected to
discrimination on the grounds of race, color, national origin, sex, age, disability, religion or family status.
The City forbids discrimination against anyone on the basis of race, color, religious or family
status, sex, national origin, age, disability or any other protected class and commits to take all steps
necessary to prevent discrimination and ensure nondiscrimination in all programs, services and activities
affiliated with the City.
Purpose.
This City of South Miami Title VI/Nondiscrimination Program Plan (Title VI Plan) was developed to
demonstrate the City's compliance with Federal and State nondiscrimination authorities, and serves as a
guide to the general public on the City's method for the processing of complaints alleging discriminatory
actions incurred by way of a City affiliated program, service, or activity.
Administration and Responsibility.
The Office of the City Manager is responsible for the investigation of any complaints alleging
discrimination with any City affiliated program, service, or activity as defined in this Title VI Plan. Any
questions regarding this Title VI Plan are to be directed to:
Shari Kamali
Assistant City Manager
6130 Sunset Drive
South Miami, FL 33143
Phone:
Email:
City of South Miami Title VI Program Plan, Page 1
7
nl: {ITt Of.'tEA~:\'\'T UVI]\.:\.;
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, age, sex, religion, disability, family status or national origin, be
excluded from participation in, be denied the .benefits of, or be subjected to discrimination under
any programs, activities and services receiving Federal financial assistance." City of South Miami
operates its programs, activities and services without regard' to race, color, age, sex, religion,
disability, family status and national origin in accordance with Title VI.
The City of South Miami has established a discrimination complaint procedure and will
take prompt and reasonable action to investigate and eliminate discrimination when found.
Any person who believes she or he has been discriminated against on the basis of race, color,
age, sex, religion, disability, family status or national origin by the City of South Miami may file a
Title VI complaint by completing and submitting the 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. Title VI complaint forms are
available on the City of South Miami Website.
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/Program Coordinator
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 -1200 New Jersey Ave., SE, Washington, DC 20590
. City of South Miami Title VI Program Plan, Page 2
8
Sout~iami
THF (In ()F PI f ,I\ .. \"IT 1'\,1-';1 :
Title VI Complaint Instn.actoons & Procedure
The City of South Miami has established a discrimination complaint procedure and will
take prompt action on any reasonable claim to investigate and eliminate discrimination when
found. Any person who believes she or he has been discriminated against on the basis of race,
color, age, sex, religion, disability, family status or national origin by the City of South Miami
may file a Title VI complaint by completing and submitting the 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. If the complaint
cannot be submitted in writing, the complainant should contact the Title VI/Nondiscrimination
Program Coordinator directly for assistance. Upon receiving the complaint, the City of South
Miami will initiate the following procedure:
1. The Title VI/Nondiscrimination Program Coordinator will respond acknowledging receipt
of the complaint (Appendix 8) within 10 calendar days and will also provide additional
information on the procedure that will follow as well as the complainant's other options
for seeking redress upon request.
2. No later than 30 calendar days after receiving the complaint, the office of the City
Manager will commence investigation of the complaint.
3. Upon the City's investigation of the information collected and compiled pertaining to
the complaint, a written determination response will be prepared for review by the City
Attorney, including, if applicable, an explanation of the actions the City has taken or is
proposing to take to resolve the complaint.
4. Within 60 days of the initial receipt of the complaint, the city will respond to the
complainant indicating either that the complaint is substantiated and that appropriate
actions will be taken (Appendix C) or that the complaint is not substantiated, alongside
the complainant's options for appealing the decision or filing a complaint with the
Federal Transit Administration and/or the U.S. Department of Justice (Appendix D).
5. Should the City be unable to satisfactorily resolve a complaint, the City will forward the
complaint, along with a record of its disposition to the appropriate FOOT District Office.
The City's Title VI Program Coordinator has easy access to the City Manager and is not
required to obtain management or other approval to discuss discrimination issues with
the Manager. However, should the complainant be unable or unwilling to complain to
the City, the written complaint may be submitted directly to Florida Department of
Transportation (FOOT). FOOT serves as a statewide clearinghouse for Title VI purposes
and will either assume jurisdiction over the complaint or forward it to the appropriate
federal or state authority for continued processing:
City of South Miami Title VI Program Plan, Page 3
9
Florida Department of Transportation
Equal Opportunity Office
AnN: Title VI Complaint Processing
605 Suwannee Street MS 65
Tallahassee, FL 3239
How to file a complaint:
A complaint can be filed in writing and mailed to the following address:
Shari Kamali
Assistant City Manager/ Program Coordinator
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. Full name and Contact information of complainant (mailing address, telephone number (s)
and e-mail address, etc.);
2. Names(s) and contact information of the official(s) alleged to have discriminated as well as name(s)
and contact information of any witnesses, if applicable;
3 .. Basis for the allegations (Le., race, color, national origin, sex, age, disability, religion, family
status);
4. A description of how, when, where and why you believe you were discriminated against;
5. Other information that you deem significant or important
The City of South Miami may reach out to the complainant with a reques.t for additional
information related to the alleged incident in question. A Complainant's failure to respond to
requests by the Title VI Program Coordinator for additional information necessary to investigate
the discrimination complaint may result in a delay in investigation of the complaint and may
possibly result in the administrative closure of the complaint due to a lack of information to
properly conduct an investigation of the complaint.
City of South Miami Title VI Program Plan, Page 4
10
Tilt: CITY or PI f:\(,.o\NT I iVI;-':t;
Active Complaints or Inquiries Alleging Discrimination
The City of South Miami maintains a list of all complaints alleging discrimination. This list is maintained
and stored electronically. The City of South Miami will
rr"" ',I
List of Title VI Investigations, Lawsuits and Complaints
~-------+--------+-----------------------+--------+----------1
City of South Miami Title VI Program Plan, Page 5
11
SoutOOiami
Data Collection
Federal Highway Administration ("FHWA") regulations require federal-aid recipients
to collect racial, ethnic and other similar demographic data on beneficiaries of, or
those affected by, transportation programs, services and activities. The City of South
Miami accomplishes this through the use of census data, by coordinating with
relevant agencies, and through other methods. This information assists the City with
improving service equity and ensuring effective outreach. Self-identification of
personal data to the City will always be voluntary and anonymous. Moreover, the
City will not release or otherwise use this data in any manner inconsistent with the
FHWA regulations.
City of South Miami Title VI Program Plan, Page 6
12
r:n
South'Miami
City of South Miami 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 process. The plan
ensures that:
Potentially affected community members will have an appropriate opportunity to participate 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 City programs, activities
and services;
The concerns of all participants involved will be considered in any appropriate decision-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 Miami informs residents of any proposed changes to the applicable transit related
facilities through the process of a public workshop meeting advertised on the City'S website and posted
in the lobby of its City Hall at least 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.
City of South Miami Title VI Program Plan, Page 7
13
~ South Miami
Providing Meaningful Access to Limited English Proficient Persons
Limited English Proficient ("LEp lI) refers to persons for whom English is not their primary language and
who have a limited ability 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, activities 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 in the formation of language access planning.
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
any applicable programs, activities and services;
2. The frequency with which LEP persons come into contact with the programs, activities and
services;
3. The nature and importance of the applicable programs, activities and services 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, whether any are underserved, 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
Facts web page
Using census data, the City of South Miami has determined that LEP individuals speaking English less than
livery well" represent approximately 18.2% (with a margin of error of 3.2%) of the community. The City of
South Miami realizes that such statistical data can become outdated or inaccurate. Therefore, the City
contacted local law enforcement, social services, agencies and the school board to validate the proportion
of LEP served by those entities. Spanish was reported to be the prevalent LEP language with an estimate
of an additional 16.2% of the community eligible to be served.
In order to ensure access to LEP citizens, the City Title VI/Nondiscrimination Program Policy and Complaint
Procedures are available on the City's main website in both English and Spanish, and can be made
available in other languages as requested. The City will review its LEP procedures annually to determine
if modifications are needed to meet language assistance deficiencies. Persons requiring special language
services should contact the City's Title VI Program Coordinator.
The City is in the process of undertaking the other necessary steps to ensure that LEP individuals are
properly served by City programs activities and services.
City of South Miami Title VI Program Plan, Page 8
14
Appendix A
Complaint Form
15
City of South Miami Title VI Program Plan, Page 9
South Miami
City of Pleasant Living
City of South Miami
Title VI Non-Discrimination Program
Complaint of Discrimination Form
Complainant (s) Name: Complainant (s) Address:
Nombre (s) del (los) Rec1amante (s): Direccion del (los) Rec1amante (s):
Complainant (s) Phone Number:
Numero de telefono del (los) Reclamante (s):
Complainant's Representative's Name, Address, Phone Number and Relationship (e.g. friend, attorney,
parent, etc); Nombre del representante del (los) Rec1amante(s), direccion, telefono y relacion (Ejemplo:
amigo, abogado, padre, etc);
Name and Address of Agency, Institution, or Department that You Allege Discriminated Against
You;
Nombre y Direccion de la agencia, institucion 0 departamento que usted alega descrimino en su
contra;
Names of the individual (s) Whom You Allege Discriminated Against You (ifknown);
Nombre (s) de (lOS) Individuo (s) que usted alega descriminacion en su contra (Si usted sabe).
I believe the discrimination was
based on:
(check all that apply):
Creo que la discriminacion fue
basada (marque todos los que
aplique):
10
o Race/Raza
o Color/Color
o National Origin!
Origen National
o Sex I Gcncro
o Agel Ech1d
o disability! incapacidad
o Religion! Rcligibn
o Family Status/
Estalo familiar
o OthcriOtro
Date of Alleged Discrimination:
Fecha de la Supuesta Discriminacion:
City of South Miami Title VI Program Plan, Page
16
Sout~iami
THF (If'\" Of P! r-\~A'Ir IIVI;-';I,
,------------,--,-------.-------c--:----:----------------------:c-----,------------
Please list the name (s) and phone number (s) of any person, if known, that City of South Miami
could contact for additional information to support or clarify your allegation
Porfavor numere los nombre (s) y telefono (s) de cualquer persona, que la Ciudad de South Miami pod ria
contactar para obtener informacion adicional para respaldar 0 aclarar 10 que usted alega.
Please explain as clearly as possible how, why, when and where you believe you were
discriminated against. Please provide as much background information a~ possible about the
alleged acts of discrimination. Additional Pages may be attached if needed.
ExpliQue 10 mas posible como. POl' Que. cuando y donde cree usted fue discriminado. Proporcione
la mayor informacion de antecedentes posible sobre los supuestos actos de discriminacion.
Se pueden adjuntar paginas adicionales si es necesario.
Complainant (s) or Complainant (s) Representatives Signature:
Firma de el (los) reclamante(s) or representante:
Date of Signature
Fecha de la firma
~--------------------------------------------~
Mail to /Enviar por correo a:
City of South Miami (CSM), 6130 Sunset Drive South Miami, FL 33143 Attn: Shari Kamali.
This form may also be faxed to: Este Formulario Tambien se puede enviar por fax a:
305-663-6345 Attn: Shari Kamali.
A complaint must be filed no later than 180 days after date of the alleged discrimination.
Toda queja tiene que ser reportada durante los 180 dias siguiente al incidente de alegada
discriminacion.
City of South Miami Title VI Program Plan, Page
11
17
rGr SoutH rMiami
Appendix B
Letter Acknowledging Receipt of Complaint
18
City of South Miami Title VI Program Plan, Page
12
Date
Complainant's Name
Complainant's Address.
Dear (Mr.lMrs,):
lHr nn' OF 1'1 f""i"\~T I !VIN1,
This letter is to acknowledge that a complaint has been received from you alleging
.An investigation will begin shortly. If you have additional information you wish to convey
or 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 33134
City of South Miami Title VI Program Plan, Page
13
19
14
Appendix C
Letter Notifying Complainant that the Complaint is
Substantiated
City of South Miami Title VI Program Plan, Page
20
15
Date
Complainant's Name
Complainant's Address
Dear (Mr.lMrs.):
l! Ir nTY OF P! P.,,-\ ~T I I\'/;\;. ,
The matter reference in your letter dated., ___ against the City of South Miami 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 arise 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
City of South Miami Title VI Program Plan, Page
21
16
THf ClTV OF l'l.FA~A"r 11\'1"'(;
Appendix D
Letter Notifying Complainant that the Complaint is Not
Substantiated
City of South Miami Title VI Program Plan, Page
22
Date
Complainant's Name Complainant's Address
Dear (Mr.IMrs.):
. The matter referenced in your complaint dated_against the City of South Miami 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, age,
sex, religion, disability, family status or national origin in any programs, activities and services
receiving federal financial assistance.
The city's attorney has reviewed and analyzed the materials and facts pertaining to your
case for evidence that a violation 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 Flo9r TCR 1200 New Jersey Avenue, SE Washington, DC 20590
U.S. Department of Justice Office of Civil Rights Federal Coordination and Compliance Section,
NWB 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
Thank you for taking the time to contact us. If we can be of further assistance please contact us
17
Sincerely,
Shari Kamali
City of South Miami -Assistant City Manager
6130 Sunset Drive
South Miami, FL 33143
City of South Miami Title VI Program Plan, Page
23
It""'. Sou:hl~iami
24
City of South Miami Title VI Program Plan, Page
18