Res No 021-25-16313RESOLUTION NO.021-25-16313
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,APPROVING AND ADOPTING A TITLE
VI/NONDISCRIMINATION POLICY AND PLAN,
INCLUDING A DISADVANTAGED BUSINESS
ENTERPRISE (DBE)POLICY,IN ACCORDANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND
FLORIDA LAW;PROVIDING FOR IMPLEMENTATION,
CORRECTIONS,AND AN EFFECTIVE DATE.
WHEREAS,the City of South Miami (the “Agency")values diversity and welcomes input
from all interested parties,regardless of cultural identity,background or income level;and
WHEREAS,the City 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;and
WHEREAS,the City Commission desires to approve and adopt a Title
VI/Nondiscrimination Policy and Plan (the “Title VI Plan”),in accordance with Title VI of the
Civil Rights Act of 1964,to receive Federal pass-through funding;and
WHEREAS,the City has received funding from the Florida Department of Transportation
(“FDOT”)to implement its Local Agency Program Projects and Transit Program;and
WHEREAS,the City also receives federal funding and aid from the Federal Emergency
Management Agency (“FEMA”),the Federal Transit Agency (“FTA”)the Federal Highway
Administration (“FHWA”),and the United States Department of Treasury;and
WHEREAS,as a result,the City is required to have a Title VI Plan to include,among
other provisions,a Disadvantaged Business Enterprise Policy (“DBE Policy”)with policies for
non-discrimination in purchasing;and
WHEREAS,the Title VI Plan and the DBE Policy also serve to ensure that users of various
services funded through the Federal government are able to make anti-discrimination complaints
and also ensure procedures are in place for investigating,tracking,and providing administrative
remedies to these types of complaints;and
WHEREAS,in order to receive Federal pass-through funding from FDOT and to ensure
compliance with Federal requirements and Florida Law,the City desires to approve and adopt the
Title VI Plan attached hereto as Exhibit “A,”which incorporates a DBE Policy;and
WHEREAS,the City Commission finds that this Resolution is in the best interest and
welfare of the City.
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Res.No.021-25-16313
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AS FOLLOWS:
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2.Approval.The City Commission hereby approves and adopts the Title VI
Plan attached hereto as Exhibit “A.”
Section 3.Implementation.The City Manager is hereby authorized to take all
actions necessary to implement the purposes and intent of this Resolution.
Section 4.Corrections.Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 5.Effective Date.This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 18lh day of March.2025.
ATTEST:APPROVED:
READ AND APPROVED AS TO FORM,COMMISSION VOTE:5-0
LANGUAGE,LEGALITY AND Mayor Javier Fernandez:Yea
EXECUTION THEREOF Vice Mayor Brian Corey:Yea
Commissioner Lisa Bonich:Yea
Commissioner Steve Calle:Yea
Commissioner Danny Rodriguez:YeaWEISSSEROTAHELFMANCOLE
&BIERMAN,P.L.
CITY ATTORNEY
Page 2 of 2
Agenda Item No:2.
City Commission Agenda Item Report
Meeting Date: March 18, 2025
Submitted by: Daniela Cimo
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING AND ADOPTING A TITLE VI/NONDISCRIMINATION POLICY AND PLAN, INCLUDING A
DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY, IN ACCORDANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964 AND FLORIDA LAW; PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Memo_-_DBE_Transit_Oriented_Policy_2025.docx
Resolution Approving DBE Policy.DOCX
4AN6609-South_Miami_Title_VI_NOndiscrimination_Policy_and_Plan.docx
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:March 18, 2025
SUBJECT:Resolution for a Disadvantaged Business Enterprise Transit Oriented Policy
RECOMMENDATION:Authorize the City Manager to adopt an amended Title VI Non-
Discrimination Policy to include a Disadvantaged Business Enterprise Policy
(DBE).
BACKGROUND:The Florida Department of Transportation (FDOT) conducted a tri-annual
Safety Oversite Review of the City’s On Demand Transit Program and
determined a “finding” for a Disadvantaged Business Enterprise Policy
(DBE). The Safety Oversite reviewers comments are summarized below:
The City did not submit any comments or upload any
documentation on the corrective action for this finding. So,
therefore, the City must create and implement transit DBE non-
discriminatory policies specifically for hiring and engaging vendors,
contractors, and other third-parties.
The policy must ensure that the City does not discriminate in
selecting, and that DBE's have an opportunity to participate in/on
programs and contracts funded in whole or partially by the State.
Additionally, the City must agree to take reasonable and necessary
steps to ensure that DBE's have the opportunity to compete for or
perform contracts. These policies must also include a process for
filing, logging, tracking and disposing of complaints or grievances.
Therefore, an amended Title VI Non-Discrimination Policy to include a
Disadvantaged Business Enterprise Policy that affects transit-oriented
projects was drafted in order to continue to receive Federal pass-through
funding from FDOT,and to ensure compliance with Federal requirements
and Florida Law. The Policy is submitted to the City Commission for review
and approval.
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$South ’Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
FUNDING:N/A
ATTACHMENTS:Proposed Resolution
Title VI Plan
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South'*’Miami
THE CITY OF PLEASANT LIVING
Title VI/Nondiscrimination Policy and Plan for Sub-Recipients
in the FDOT Local Agency Program and Transit Program
I.PolicyStatement:
The City of South Miami (the “Agency”) 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 Agency 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 Agency will not exclude from participation in, deny the benefits of, or subject to
discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion
or family status, and, pursuant to Sections 287.042 and 337.125 Florida Statutes, funding from
FDOT ensures that opportunities for contracting and maximum distribution are afforded to
certified minority business enterprises and disadvantaged business enterprises, in purchasing
practices.
II.Nondiscrimination Assurances:
Every three years, or commensurate with a change in executive leadership, the Agency
must certify to Federal Highway Administration (FHWA) and Florida Department of
Transportation (FDOT) that its programs, services and activities are being conducted in a
nondiscriminatory manner.These certifications are termed ‘assurances’ and serve two
important purposes. First, they document Agency commitment to nondiscrimination and equitable
service to its community. Second, they serve as a legally enforceable agreement by which the
Agency may be held liable for breach. Those wishing to view the Agency’s Nondiscrimination
Assurance may do so by visiting the Agency website or administration offices.
III.ComplaintProcedures:
The Agency has established a discrimination complaint procedure and will take prompt
and reasonable action to investigate and eliminate discrimination when found. Any person,
business, or company,who believes that he or she hasbeen subjected to discrimination based upon
race, color, national origin, sex, religion, age, disability or family status in any Agency program,
service or activity may file a complaint with the Agency Title VI/Nondiscrimination Coordinator:
Name:Jazmin Gonzalez
Address:South Miami City Hall
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South'*'Miami
THE CITY OF PLEASANT LIVING
Title VI/Nondiscrimination Plan
Page 2 of 5
6130 Sunset Drive
South Miami, FL 33143
Email: JGonzalez@southmiamifl.gov
Phone: 305-403-2074
Hearing Impaired:Florida Relay Service: 1-800-955-8770
If possible, the complaint should be submitted in writing and contain the identity of the
complainant; the basis for the allegations (i.e., race, color, national origin, sex, religion, age,
disability or family status); and a description of the alleged discrimination with the date of
occurrence. If the complaint cannot be submitted in writing, the complainant should contact the
Title VI/Nondiscrimination Coordinator for assistance.
The Title VI/Nondiscrimination Coordinator will respond to the complaint within thirty
(30) calendar days and will take reasonable steps to resolve the matter. Should the Agency be
unable to satisfactorily resolve a complaint, the Agency will forward the complaint, along with a
record of its disposition to the appropriate FDOT District Office.
The Agency Title VI Coordinator has ‘easy access’ to the Agency Chief Executive Officer
(CEO) and is not required to obtainmanagement or other approval to discuss discrimination issues
with the CEO. However, should the complainant be unable or unwilling to complain to the
Agency, the written complaint may be submitted directly to Florida Department of Transportation
(FDOT). FDOT serves as a statewide clearinghouse for Title VI and Minority Business Enterprise
(MBE)and Disadvantaged Business Enterprise (DBE) purposes and will either assume jurisdiction
over the complaint or forward it to the appropriate federal or state authority for continued
processing:
Florida Department of Transportation
Equal Opportunity Office
ATTN: TitleVIComplaintProcessing
605 Suwannee Street MS 65
Tallahassee, FL 32399
IfitisdeterminedthecomplaintoriginatedfromaLocalAgencyProgram(LAP)orTransitproject,the
complaintwillbeprovidedtotheFDOTandFederalHighwayAdministration(FHWA).TheAgency
will attempt to resolve all issues; however, only FHWA can accept, investigate and issue findings
under Title VI, which is specific to the classes of race, color, national origin, sex, religion, age,
disability, family status and other protected classes.
IV.ADA/504Posted Statement:
Section504oftheRehabilitationActof1973(Section504),theAmericanswithDisabilities
Act of 1990 (ADA)and relatedfederal and statelaws and regulationsforbid discrimination against
those who have disabilities. Furthermore, these laws require federal-aid recipients and other
governmententitiestotakeaffirmativestepstoreasonablyaccommodatethosewithdisabilities and
ensure that their needs are equitably represented in transportation programs, services and activities.
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Title VI/Nondiscrimination Plan
Page 3 of 5
The Agency will make every effort to ensure that its facilities, programs, services, and
activities are accessibleto thosewith disabilities. TheAgency willalsomakeeveryeffortto ensure
that its advisory committees, public involvement activities and all other programs, services and
activities include representation by communities with disabilities and disability service groups.
The Agency encourages the public to report any facility, program, service or activity
that appears inaccessible to those who are disabled. Furthermore, the Agency will provide
reasonable accommodation to individuals with disabilities who wish to participate in public
involvement events or who require special assistance to access facilities, programs, services or
activities. Because providing reasonable accommodation may require outside assistance,
organization or resources, the Agency asks that requests be made at least 3 calendar days prior to
the need for accommodation.
Questions, concerns, comments or requests for accommodation should be made to the Agency
ADA Officer:
Name:Jazmin Gonzalez
Address:South Miami City Hall
6130 Sunset Drive
South Miami, FL 33143
Email:JGonzalez@southmiamifl.gov
Phone:305-403-2074
Hearing Impaired:Florida Relay Service: 1-800-955-8770
V.Limited English Proficiency(LEP) Guidance:
Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives
from the US Department of Justice (DOJ) and US Department of Transportation (DOT) require
federal-aid recipients to take reasonable steps to ensure meaningful access to programs, services
and activities by those who do not speak English proficiently. To determine the extent to which
LEP services are required and in which languages, the law requires the analysis of four factors:
The number or proportion of LEP persons eligible to be served or likely to be
encountered by the City/County’s programs, services or activities;
The frequency with which LEP individuals come in contact with these programs,
services or activities;
The nature and importance of the program, service, or activity to people’s lives and;
The resources available to the City/County and the likely costs of the LEP services.
1.Using census data, the Agency has determined that LEP individuals speaking English less
than well represent approximately 21.90 % of the community. The Agency realizes that
such statistical data can become outdated or inaccurate. Therefore, the Agency 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 37.00 % eligible to be served.
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Title VI/Nondiscrimination Plan
Page 4 of 5
2.The Agencyhasreceivedrequestsfortranslationorinterpretationofitsprograms,services or
activities into Spanish or other language(s). In addition, Agency sponsored community
outreach or public events are attended by significant numbers of LEP individuals speakers.
Thus, Agency estimates its contact with LEP individuals to be Frequent.
3.The Agency believes that transportation is of critical importance to its public, as access to
health care, emergency services, employment, and other essentials would be difficult or
impossible without reliable transportation systems. In that spirit, the agency defines as
essential any document that advises the public of how to access nondiscrimination and
public involvement policies, as well as those that impact public safety, health and welfare
and emergency services. A full list of translated documents is available on the Agency
website or by contacting the Agency Title VI/Nondiscrimination Coordinator.
4.The Agency is fortunate to house within/near its jurisdiction one or more institutions of
higher education which have extensive language resources. Further, the Agency maintains
cordial relationships with faith based and/or community organizations that offer competent
language services at low or no cost to the Agency. Finally, the Agency Employsanumber
ofproficientSpanish speakersthatareabletointerpretand/orprovide translation services.
The analyses of these factors suggest that LEP services are required at this time. At a
minimum, the Agency commits to:
Maintain a list of employees who competently speak the LEP language(s) and who
are willing to provide translation and/or interpretation services.
Distribute this list to staff that regularly has contact with the public.
Provide public notification in the LEP language of the availability of language
assistance, free of charge.
In addition, the Agency will ensure that City flyers and other materials will be available in Spanish
and that City Staff will be available at City events and meetings to provide translation services
in Spanish. The Agency understands that its community characteristics change and that the four
factor analysis may reveal the need for more or varied LEP services in the future. As such, it will
at least triennially examine its LEP plan to ensure that it remains reflective of the community’s
needs.
Persons requiring special language services should contact the Agency’s Title
VI/Nondiscrimination Coordinator.
VI.Public Involvement:
In order to plan for efficient, effective, safe, equitable and reliable transportation systems,
the Agency must have the input of its public. The Agency spends extensive staff and financial
resources in furtherance of this goal and strongly encourages the participation of the entire
community. The Agency hosts an informative website that advises the public how it can access
information and provide input. The Agency also holds public meetings, workshops and other
events designed to gather public input on program/project planning and construction. Further, the
Agency sponsors, attends and participates in other community eventsto promote its services to the
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Title VI/Nondiscrimination Plan
Page 5 of 5
public. Finally,the Agency is constantly seeking ways of measuring the effectiveness of its public
involvement.
Persons wishing to request special presentations by the Agency; volunteer in any of its activities;
offer suggestions for improvement; or to simply learn more about Agency programs and services
should visit:www.southmiamifl.gov or contact:
Name:Jazmin Gonzalez
Address:South Miami City Hall
6130 Sunset Drive
South Miami, FL 33143
Email:JGonzalez@southmiamifl.gov
Phone:305-403-2074
Hearing Impaired:Florida Relay Service: 1-800-955-8770
VII.DataCollection:
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 Agency accomplishes this through the use of census data, American Community
Surveyreports,EnvironmentalScreeningTools(EST),driverandridershipsurveys,itscommunity
development department and other methods. From time to time, the Agency may find it necessary
to request voluntary identification of certain racial, ethnic or other data from those who participate
in Agency programs, services or activities. This information assists the Agency with improving
service equity and ensuring effective outreach. Self-identification of personal data to the Agency
will always be voluntary and anonymous. Moreover, the Agency will not release or otherwise use
this data in any manner inconsistent with the FHWA regulations.
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