Res No 029-22-15782Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: March 15, 2022
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the City of South Miami approving the updated Title VI Program Plan for all City programs,
activities, and services, as required by the Federal Transit Administration (FTA). 3/5 (City Manager)
Suggested Action:
Attachments:
Memo-_Title_VI_Program_Plan_Updates.docx
Resolution_updating_Title_VI_Program_Plan CArev.docx
City_of_South_Miami_Title_VI_Plan_Revisions.docx
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Shari Kamali, City Manager
DATE:March 15, 2022
SUBJECT:A Resolution of the City of South Miami, Florida, updating and making
changes to the language of the Title VI Program Plan for City programs,
activities, and services as required by the Federal Transit Administration
(FTA).
BACKGROUND: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 1st of 2016. Further changes were approved
by the Commission in September 2018. The FTA requires governing
agencies benefitting throughthe use of funds to have the Title VI Program
Plan as well as the Resolution updated and approved every three (3) years.
This resolution serves to authorize the attached amendments to the City
of South Miami’s Title VI Program Plan as well as to comply with the
requirements of the FTA. (amendments to the Plan are in red)
ATTACHMENTS:Resolution
Title VI document
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City of South Miami
Title VI Non-Discrimination Program Plan
(Revised March 2022)
(Revisions are in red)
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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
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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 (including sexual orientation and gender identity), intersexuality, height,
weight, domestic partnership status, labor organization membership, or political affiliation,
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:
Samantha Fraga-Lopez, Esq.
Assistant City Manager
6130 Sunset Drive
South Miami, FL 33143
Phone:305-668-2515
Email:sfraga-lopez@southmiamifl.gov
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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 forbids
discrimination against anyone on the basis of race, color, religious or family status, sex (including
sexual orientation and gender identity), intersexuality, height, weight, domestic partnership
status, labor organization membership, or political affiliation , 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.
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
(including sexual orientation and gender identity), intersexuality, height, weight, domestic
partnership status, labor organization membership, or political affiliation,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:
Samantha Fraga-Lopez, Esq.
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 - 1200 New Jersey Ave., SE, Washington, DC 20590
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Title VI Complaint Instructions & 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 (including sexual orientation and gender identity), intersexuality, height, weight,
domestic partnership status, labor organization membership, or political affiliation, 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 B) 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’soptions for appealing the decisionor 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 FDOT 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 (FDOT). FDOT 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:
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Florida Department of Transportation
Equal Opportunity Office
ATTN: 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:
Samantha Fraga-Lopez, Esq.
Assistant City Manager
6130 Sunset Drive
South Miami, FL 33143
Phone: 305-668-2515
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 (i.e., 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 request 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.
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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.
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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.
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Providing Meaningful Access to Limited English Proficient Persons
Limited English Proficient (“LEP”)refers to persons for whom English is not their primary language
and who have a limited abilityto 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 “very 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.
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Appendix A
Complaint Form
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South Miami
City of Pleasant Living
City of South Miami
Title VI Non-Discrimination Program
Complaint of Discrimination Form
Complainant (s) Name:
Nombre (s) del (los) Reclamante (s):
Complainant (s) Address:
Direccion del (los) Reclamante (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) Reclamante(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 o departamento que usted alega descrimino en su
contra;
Names of the individual (s) Whom You Allege Discriminated Against You (if known);
Nombre (s) de (IOS) 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):
O Race/Raza
O Color/Color
O National Origin/
Origen National
O Sex / Genero
O Age/ Edad
O disability/ incapacidad
O Religion/ Religión
O Family Status/
Estato familiar
O Other/Otro
Date of Alleged Discrimination:
Fecha de la Supuesta Discriminacion:
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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
Por favor numere los nombre (s) y telefono (s) de cualquer persona, que la Ciudad de South Miami podria
contactar para obtener informacion adicional para respaldar o aclarar lo 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 as possible about the
alleged acts of discrimination. Additional Pages may be attached if needed.
Explique lo más posible cómo, por qué, cuándo y dónde cree usted fue discriminado. Proporcione
la mayor información de antecedentes posible sobre los supuestos actos de discriminación. Se pueden
adjuntar páginas adicionales si es necesario.
Complainant (s) or Complainant (s) Representatives Signature: Date of Signature
Firma de el (los) reclamante(s) or representante: Fecha de la firma:
Mail to /Enviar por correo a:
City of South Miami (CSM), 6130 Sunset Drive South Miami, FL 33143 Attn: Samantha Fraga-Lopez.
This form may also be faxed to: Este Formulario Tambien se puede enviar por fax a:
305-663-6345 Attn: Samantha Fraga-Lopez.
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.
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Appendix B
Letter Acknowledging Receipt of Complaint
Date
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Complainant's Name
Complainant's Address
Dear (Mr./Mrs,):
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,
Samantha Fraga-Lopez
City of South Miami - Assistant City Manager
6130 Sunset Drive
South Miami, FL 33134
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Appendix C
Letter Notifying Complainant that the Complaint is
Substantiated
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Date
Complainant's Name
Complainant's Address
Dear (Mr./Mrs.):
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,
Samantha Fraga-Lopez
City of South Miami - Assistant City Manager
6130 Sunset Drive
South Miami, FL 33143
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Appendix D
Letter Notifying Complainant that the Complaint is Not
Substantiated
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Date
Complainant's Name Complainant's
Address
Dear (Mr./Mrs.):
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 of South Miami further prohibits discrimination
based on sex (including sexual orientation and gender identity), intersexuality, height, weight,
domestic partnership status, labor organization membership, or political affiliation.
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 Floor 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
Sincerely,
Samantha Fraga-Lopez
City of South Miami - Assistant City Manager
6130 Sunset Drive
South Miami, FL 33143
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