HomeMy WebLinkAboutReso 2020-3066 •
RESOLUTION NO. 2020- 3OCA°
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, RATIFYING AN UPDATE TO THE CITY'S
TITLE VI/NON-DISCRIMINATION POLICY AND PLAN, ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2009 the City received federal funds from Miami-Dade County through
the American Recovery and Reinvestment Act for the purchase of two (2) shuttle buses for the
SIB Community Shuttle Service; and
WHEREAS, one of the requirements of this funding was for the City to establish a Title
VI Program and procedures that comply with Title VI of the Civil Rights Act of 1964, the Civil
Rights Restoration Act of 1987 and the Americans with Disabilities Act of 1990 (ADA
Compliance); and
WHEREAS,the City is also required to implement a Title VI Policy("Policy")that meets
federal requirements as part of the local agency program certification with the Florida Department
of Transportation (FDOT) in order to receive federal funds for projects from FDOT; and
WHEREAS,FDOT has requested minor revisions to the current policy to conform to their
preferred language; and
WHEREAS, the City wishes to approve the update to the Title VI/Non-Discrimination
Policy and Plan for the City of Sunny Isles Beach Community Shuttle Service, attached here as
Exhibit"A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH,FLORIDA, AS FOLLOWS:
Section 1. Approval of Updates to the Title VI/Non-Discrimination Policy and Plan. The City
Commission hereby approves the Updates to the Title VI/Non-Discrimination Policy and Plan for
the City of Sunny Isles Beach Community Shuttle Service, attached hereto as Exhibit"A".
Section 2. Authority of City Manager. The City Manager is hereby authorized to do all things
necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 18th day o une 2120.
George H. Scholl, Mayor
R2020 Update to Title VI Program Plan for Community Shuttle Sry Page 1 of 2
ATT., ST
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Ma icio et. cur, CMC, City Clerk
APPROVED AS TO FORM
Al� LE - ICIENCY:
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VEdward
'" A. Dion, City Attorney
Moved by: evAilt4Cfc(Olg _60allittiV Seconded by: Vick-140-g- &EN/1AI
Vote:
Mayor Scholl " (Yes) (No)
Vice Mayor Svechin J (Yes) (No)
Commissioner Goldman 7(Yes) (No)
Commissioner Lama 7-(Yes) (No)
Commissioner Viscarra 7-(Yes) (No)
R2020 Update to Title VI Program Plan for Community Shuttle Sry Page 2 of 2
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�_, "' ° Title VI/Nondiscrimination Policy and Plan
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I. Background
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of
race, color or national origin in programs and activities receiving federal
financial assistance. Specifically, 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" (42 U.S.C.
Section 2000d).
It is the policy of the City of Sunny Isles Beach, under Title VI of the Civil Rights
Act of 1964; Section 504 of the Rehabilitation Act of 1973; Age Discrimination
Act of 1975; Section 324 of the Federal-Aid Highway Act of 1973; Civil Rights
Restoration Act of 1987; and related statutes and regulations, that no person
shall on the basis of race, color, national origin, sex, age, disability, religion,
family status, ancestry, marital status, gender identity, gender expression,
sexual orientation, pregnancy, handicap, or income status, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to
discrimination or retaliation under any federally or non-federally funded
program or activity administered by the City or its sub-recipients.
The City of Sunny Isles Beach is committed to ensuring that no person is
excluded from participation in, or denied the benefits of its services including
transit, on the basis of race, color, or national origin, as protected by Title VI in
Federal Transit Administration (FTA) Circular 4702.1.B.
II. Policy Statement
The City of Sunny Isles Beach values diversity and welcomes input from all
interested parties, regardless of cultural identity, background or income level.
Moreover, the City believes that the best programs and services result from
careful consideration 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, the Civil Rights Restoration Act of 1987,
the Americans with Disabilities Act of 1990 (ADA), and other federal and state
authorities, the City will not exclude from participation in, deny the benefits of,
or subject to discrimination anyone on the grounds of race, color, national
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origin, sex, age, disability, religion, family status, ancestry, marital status,
gender identity, gender expression, sexual orientation, pregnancy, handicap,
or income status. The City also welcomes and actively seeks input from all
interested parties.
Ill. Nondiscrimination Assurances
Every three years, or commensurate with a change in executive leadership, the
City 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
the City's commitment to nondiscrimination and equitable service its
community. Second, they serve as a legally enforceable agreement by which
the City may be held liable for breach. Those wishing to view the City's
Nondiscrimination Assurance may do so by visiting the City's website or the
City Attorney's Office at the Government Center.
IV. Complaint Procedures
The City has established a discrimination complaint procedure and will take
prompt and reasonable action to investigate and eliminate discrimination when
found. Any person who believes that he or she has been subjected to
discrimination based upon race, color, national origin, sex, age, disability,
religion, family status, ancestry, marital status, gender identity, gender
expression, sexual orientation, pregnancy, handicap, or income status, in any
City program, service or activity may file a complaint with the City's Title VI
Coordinator:
Stan Morris
Deputy City Manager, ADA Coordinator
18070 Collins Avenue
Sunny Isles Beach, FL 33160
smorris@sibfl.net
Phone Number: 305-792-1807
Hearing Impaired: 305-792-1589
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, age, disability, religion, family status, ancestry, marital status, gender
identity, gender expression, sexual orientation, pregnancy, handicap, or
income status) and a description of the alleged discrimination with the date of
the occurrence. If the complaint cannot be submitted in writing, the complainant
should contact the Title VI Coordinator for assistance.
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All complaints shall be filed within 180 calendar days from the date of the
alleged discrimination. The Title VI Coordinator will meet with the complainant
within fifteen (15) calendar days after receipt of the complaint (or as is
reasonably possible due to sufficient contact information provided by
complainant and as complainant so desires to meet with the Title VI
Coordinator), will respond to the complaint in writing within thirty (30) calendar
days and will take reasonable steps to resolve the matter. The complainant
may appeal the written response if it does not satisfactorily resolve the issue.
Appeals must be submitted in writing, within fifteen (15) calendar days after
receipt of written response from the City. Should the City be unable to
satisfactorily resolve the complaint, the City will forward the complaint, along
with a record of its disposition to the appropriate Florida Department of
Transportation (FDOT) District Office.
The Title VI Coordinator has instantaneous access to the City's Chief Executive
Officer (the City Manager) and is not required to obtain management or other
approval to discuss discrimination issues with the City Manager. However,
should the complainant be unable or unwilling to complain to the City, the
written complaint may be submitted directly to 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:
Florida Department of Transportation
Equal Opportunity Office
Attn: Title VI Complaint Processing
605 Suwannee Street MS 65
Tallahassee, FL 32399
V. ADA/504 Posted Statement
Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with
Disabilities Act of 1990 (ADA) and related federal and state laws and
regulations forbid discrimination against those who have disabilities.
Furthermore, these laws require federal-aid recipients and other government
entities to take affirmative steps to reasonably accommodate those with
disabilities and ensure that their needs are equitably represented in the City's
transportation programs, activities and services.
The City will make every effort to ensure that its facilities, programs, services,
and activities are accessible to those with disabilities. The City will also make
every effort to ensure that its advisory committees, public involvement activities
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and all other programs, services and activities include representation by
communities with disabilities and disability service groups.
The City encourages the public to report any facility, program, service or activity
that appears inaccessible to those who are disabled. Furthermore, the City 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 City asks that request be made at least 14 calendar days prior
to the need for accommodation.
Questions, concerns, comments, or requests for accommodation should be
made to the City's ADA Coordinator:
Stan Morris
Deputy City Manager, ADA Coordinator
18070 Collins Avenue
Sunny Isles Beach, FL 33160
smorris(c�sibfl.net
Phone: 305-792-1807
Hearing Impaired: 305-792-1589
VI. Retaliation
Retaliation is prohibited under Title VI of the Civil Rights Act of 1964 and related
federal and state nondiscrimination authorities. It is the policy of the City that
persons filing a grievance of discrimination should have the right to do so
without interference, intimidation, coercion or fear of reprisal. Anyone who feels
they have been subjected to retaliation should report such incident to the Title
VI Coordinator.
VII. Information Notices
A link to the City's Title VI information is displayed on the homepage of the
City's website, www.sibfl.net, including the Title VI Coordinator's contact
information (as listed above). Title VI notices are also prominently and publicly
displayed at City Hall. Additional information relating to the City's
nondiscrimination obligation is in this document and can be obtained from the
Title VI Coordinator.
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VIII. Record Keeping
The Title VI Coordinator will ensure the maintenance of permanent records,
which include, but are not limited to copies of Title VI complaints or lawsuits
and related documentation, and records of correspondence to and from
complainants, and Title VI Investigations. A copy of the Complaint Monitoring
Log is attached as Appendix B.
IX. Limited English Proficiency (LEP) Guidance
Title VI of the Civil Rights Acts 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 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'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 and the likely costs of the LEP
services.
Four Factor Analysis
Using census data, the City has determined that LEP individuals speaking
English less than well represent approximately 33.8% of the community. The
City realizes that such statistical data can become outdated or inaccurate.
Therefore, the City contacted local law enforcement to validate the proportion
of LEP served by those entities. Spanish was reported to be the prevalent LEP
language with an estimate of 25% eligible to be served.
1. The City has received requests for translation or interpretation of its
programs, services or activities into Spanish and Russian. In addition, City
sponsored community outreach or public events are attended by LEP
individuals. Thus, the City estimates its contact with LEP individuals to be
high.
2. The City believes that transportation is of critical importance to its public, as
access to healthcare, emergency services, employment and other essentials
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would be difficult or impossible without reliable transportation systems. In
that spirit, the City 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 City's website
or by contacting the City Title VI Coordinator.
3. The City is fortunate to house within/near its jurisdiction one or more
institutions of higher education which have extensive language resources.
Additionally, the City employs a number of proficient Spanish and Russian
speakers that are able to interpret and/or provide translation services.
4. The City is fortunate to house within/near its jurisdiction or more institutions
of higher education like Florida International University Biscayne Bay
Campus which have extensive language resources. Further, the City
maintains cordial relationships with faith based and/ or community
organizations that offer competent language services at low or no cost.
Finally, the City employs a number of proficient Spanish and Russian
speakers that are able to interpret and or provide translation services.
The analysis of these factors suggests that LEP services are required at this time.
At a minimum, the City 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.
The City 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 Coordinator.
X. Transit Amenities
All Sunny Isles Beach Community Shuttles are equipped with the following:
• Air conditioned interior
• Front-facing seats
• Wheelchair accessible seating and ramps
• Non-skid surfaces at entrance and exit areas
• 1 of the shuttles is equipped with a bicycle rack
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• Safety & security cameras (on each shuttle and also strategically placed
throughout the City)
• Amenities such as benches and stop shelters are also provided
throughout the City
Xl. Public Participation Element
To plan for efficient, effective safe, equitable and reliable transportation
systems, SIB must have 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 on how it can access information and provide input. The
City also holds public meetings, workshops and other events designed to
gather public input on program/project planning and construction. Further, the
City sponsors, attends and participates in other community events to promote
its services to the public. The City is constantly seeking ways of measuring the
effectiveness of its public involvement. Persons wishing to request special
presentations by the City, volunteer in any of its activities, offer suggestions for
improvements or to simply learn more about City programs and services should
visit: www.sibfl.net. Furthermore, as an agency receiving federal financial
assistance, the City has made the following community outreach efforts to
encompass all programs, services or activities:
• Public notices in local and county-wide newspapers
• A link to the City's Title VI Program information is available on the
homepage of the City's website (www.sibfl.net)
• The City and its records are available to the public and the City
welcomes input.
• Website posting with service information and a shuttle route map
(http://www.sibfl.net/main transportation/) (a copy of the route map is
attached as Appendix C)
• The City has published information about all its programs and services,
including a pamphlet for the shuttle service that contains service
information and a map of the shuttle route. This publication is made
available at City Hall, the Visitor's Center, Pelican Community Center,
and all hotels throughout the City (a copy of the pamphlet is attached as
Appendix C)
• Public meetings have been held to obtain community feedback;
information received was used to improve shuttle and other services.
• A survey was issued to obtain community feedback; information
received was used to improve the shuttle service (a copy of the survey
is attached as Appendix D). Additionally, all complaints and feedback
regarding any City services and programs are recorded and used for
future improvement.
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• All publications, including those relating to the shuttle service have a
phone number listed that people can call with any questions or concerns.
Staff receiving the calls are instructed that all Title VI related issues are
to be directed to the Title VI Coordinator.
• Every August, the City hosts an annual "Back to School Picnic," open to
the public, at which information regarding the shuttle service and other
community services is disseminated.
• The City has information boards at the Government Center and Pelican
Community Park, and will be installing information boards in each of the
community shuttles that provide information and announcements to
passengers, including information about the City's Title VI Program.
XII. Decision Making Bodies
The City of Sunny Isles Beach does not have any transit related non-elected
planning boards or advisory committees or planning boards. If any such entities
are established in the future, this plan will be amended to depict minority
representation on such committees and to describe the efforts made to
encourage participation on the committee that reflects the make-up of the
population.
XIII. Data Collection
FHWA regulations require federal-aid recipients to collect racial, ethnic and
other similar demographic data on beneficiaries of or those affected by
programs, services and activities, including transportation. The City
accomplishes this through the use of census data, American Community
Survey reports, Environmental Screening Tools (EST), driver and ridership
surveys, its community development department and other methods. From
time to time, the City may find it necessary to request voluntary identification of
certain racial, ethnic or other data from those who participate in City programs,
services or activities. 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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