2016-R-32 RESOLUTION NO. 2016-R-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER,VOLUSIA COUNTY,FLORIDA,ADOPTING
A TITLE VI NON-DISCRIMINATION PLAN; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING
FOR SEVERABILITY, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS,the City of Edgewater is a recipient of federal funds from the U.S.Department
of Transportation modal agencies including the Federal Highway Administration (FHWA) and
Federal Transit Authority(FTA); and
WHEREAS,all 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;and
WHEREAS,the City of Edgewater is required to demonstrate compliance with such federal
laws by adopting a Title VI Plan and providing an Assurance to qualify for funding through the
Florida Department of Transportation's Local Agency Program.
NOW,THEREFORE,BE IT RESOLVED by the People of the City of Edgewater,
Florida as follows:
PART A. STIPULATIONS.
Section 1. The City of Edgewater hereby formally adopts the Title VI Nondiscrimination
Plan established in Exhibit"A"which is attached hereto and incorporated herein.
Section 2. The City of Edgewater will provide an Assurance as established in Exhibit
"B" (attached hereto and incorporated herein) that certifies to the Florida Department of
Transportation (FDOT) that the City's programs, services and activities are being conducted in a
nondiscriminatory manner.
PART B. SEVERABILITY AND APPLICABILITY.
If any section,subsection,sentence,clause,phrase,or portion of this Resolution,or application
hereof,is for any reason held invalid or unconstitutional by any Court,such portion or application shall be
deemed a separate,distinct,and independent provision,and such holding shall not affect the validity of
#2016-R-32
the remaining portions or applications hereof.
PART C. CONFLICTING PROVISIONS.
All resolutions, or parts thereof that are in conflict are hereby repealed.
PART D. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
PART E. ADOPTION.
During the October 3. 2016 Council meeting, a motion to approve was made by
�,�,L,-r-,c-a,N —690 Zi with Second by
f-- . The vote on this resolution is as follows:
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power NJ
Councilwoman Gigi Bennington
Councilman Dan Blazi �►
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 3rd day of October, 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: 111111111.
�' .�►
Robin L. Matusick Michael Ignasia
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater,Florida: Approved as to form and Edgewater at a meeting held on this 3rd day of
legality by: Aaron Wolf October, 2016 under Agenda Item No.
City Attorney
Doran Sims Wolfe&Ciocchetti
#2016-R-32 2
EXHIBIT"A"
City of Edgewater, Florida
Title VI Nondiscrimination Policy
Including Limited English Proficiency Plan
I. Policy Statement
The City of Edgewater ("City") 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 the needs of all of its
communities. Thus, the City does not tolerate discrimination in any of its programs,
services or activities and henceforth implements this Title VI Nondiscrimination Policy ("Title
VI Policy")and Limited English Proficiency Plan("LEP Plan").
Pursuant to Title VI of the Civil Rights Act of 1964 ("Act") and other federal and state law and
regulations, the City 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,
income or family status. The City will work to ensure environmental justices, as defined below,
by identifying and addressing, as appropriate, disproportionately high and adverse effects of its
programs,policies, and activities on minority and low-income populations.
Environmental justice means:
(a) To avoid, minimize, or mitigate disproportionately high and adverse human health and
environmental effects, including social and economic effects, on minority populations and low
income populations;
(b)To ensure the full and fair participation by all potentially affected communities in the decision-
making process;
(c)To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority
and low-income populations.
The responsibility for carrying out the City's commitment to this program has been delegated to
the Title VI Coordinator, as defined below, who will receive and investigate Title VI complaints.
The Title VI Coordinator and/or his designee will participate in any yearly Title VI training that
is made available and will disseminate pertinent Title VI information to relevant City staff.
11. Public Notice
Notices for Title VI Policy are displayed in City buildings, and information is provided on the
City's website under Departments,Human Resources,Title VI.
The Title VI Policy statement posted in City buildings and on City website should read as follows:
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).
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The City of Edgewater is committed to ensuring that no person is excluded from
participation in, denied the benefits of, or subjected to discrimination on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status. If you feel you are
being denied participation in or being denied benefits of the services provided by the City
of Edgewater, or otherwise being discriminated against because of your race, color,
national origin, sex, age, disability, religion, income or family status, you may file a
formal complaint with the City's Title VI Coordinator:
Title VI Coordinator
Julie Christine, Human Resources Director
104 N. Riverside Drive
Edgewater,FL 32132
386-424-2400 x1701
i ac h ri s final,c i t yo fdgewater.org
Ill. Complaint Procedures
The City establishes 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, religion,
age, disability, and family or income status may file a complaint with the City's Title VI
Coordinator:
Title VI Coordinator
Julie Christine, Human Resources
Director 104 N.Riverside Drive
Edgewater,FL 32132
386-424-2400 x1701
j achristi ne(a,cityofedgewater.org
If possible, the complaint should be submitted in writing (see Attachment 1, Title VI
complaint form) and contain the identity, address and contact information 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 Coordinator
for assistance. All complaints shall be filed no later than sixty (60) calendar days from the date of
the alleged discrimination.
The Title VI Coordinator will respond to the complaint within thirty(30) calendar days and will
take reasonable steps to resolve the matter. Should the City be unable to satisfactorily resolve
a complaint, the City will forward the complaint, along with a report detailing the circumstances
to the appropriate District of the Florida Department of Transportation (FDOT).
If more information is needed to resolve the case, the City may contact the complainant using any
contact information provide by complainant on the complaint form. The complainant has thirty
(30) business days from the date of initial contact to send requested information to the Title
VI Coordinator. If the City does not receive the requested information within the thirty (30)
business days, the City can administratively close the case. A case may also be
administratively closed if the complainant no longer wishes to pursue the case.
The City's Title VI Coordinator shall report all Title VI discrimination issues directly to the
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City Manager and is not required to obtain management or other approval to discuss
discrimination issues with the City Manager. Upon completion of an investigation or the
closing of a case, the Title VI Coordinator will supply the City Manager and complainant
with a final report. The final report will summarize the allegations and the information
regarding the alleged incident related findings and if additional action is required. If a Title VI
violation is found to exist, remedial steps as appropriate and necessary will be taken
immediately.
If no violation is found and the complainant wishes to appeal the decision, he or she may
contact the Florida Department of Transportation Equal Opportunity Office ATTN: Title VI
Complaint Processing 605 Suwannee Street MS 65 Tallahassee, FL 32399.
Complainant may submit complaint directly to the Florida Department of Transportation
Equal Opportunity Office ATTN: Title VI Complaint Processing 605 Suwannee Street MS 65
Tallahassee, FL 32399.
FDOT will serve as a clearing house, forwarding the complaint to the appropriate state or
federal agency.
IV. ADA/504 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 the
disabled and ensure that their needs are equitably represented in City's programs, services and
activities.
The City will make every effort to ensure that its facilities, programs, services, and activities
are accessible to those with disabilities. The City will make every effort to ensure that its
advisory committees, public involvement activities and all other programs, services and
activities include representation by the disabled community 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 disabled individuals 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 requests be made at least 15 calendar days prior to the need for
accommodation. For accommodations at City Council meetings, individuals may call 386-
424-2400 for further information. For accommodations at other board meetings, individuals
may contact the staff assigned to the board. A list of boards and commissions with
contact information may be found on the City's website under Your Government.
Additional information is provided on the City's website under Departments, Human
Resources, Americans with Disabilities Act. Questions, concerns, comments should be made
to the City's ADA Officer:
ADA Officer
Brenda Dewees, Environmental Services Director
3
409 Mango Tree Drive
Edgewater, FL 32132
386-424-2400
bdewees@cityofedgewater.org
V. Limited English Proficiency Plan
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 Limited English Proficiency (LEP) services are required and in which
languages,the law requires the analysis of four factors:
1. The number or proportion of LEP persons eligible to be served or likely to be
encountered by the City's programs, services or activities.
Using 2010 census data, the City of Edgewater (20,750 pop.), the City has determined
that LEP individuals represent approximately 6% of the community. The Florida
Department of Transportation, LEP Guidance references that 13,860 [approximately
2.8% of Volusia's population] Spanish speaking residents are located in Volusia County.
The City used other sources to verify this data, including the U.S. Department of
Education's Annual Consolidated State Performance Report (CSPR). The CSPR
includes a section on LEP students in grades K-12 and identifies the most commonly
spoken languages by those students. The CSPR identifies Spanish, Creole, Portuguese,
Arabic and Vietnamese as the most commonly spoken languages among Florida's LEP
students. Given this information, the City reasons that a relatively small portion of its
service population are LEP who are predominantly Spanish speaking.
2. The frequency with which LEP individuals come in contact with these programs, services
or activities.
The City has not received any requests for translation or interpretation of its programs,
services or activities into Spanish or any other language.
3. The nature and importance of the program, service, or activity to people's lives.
All of the City's programs are important; however, those related to safety as well as
transportation is of critical importance to its public, as access to health care,
emergency services, employment, and other essentials would be difficult or impossible
with reliable transportation systems. In that spirit,the City must ensure that all segments of
the population, including LEP persons, have been involved or have had the opportunity to
be involved in the planning processes to be consistent with its nondiscrimination goals.
4. The resources available to the City and the likely costs of the LEP services.
The City is fortunate to house within its jurisdiction a number of institutions of higher
education and military facilities, some of which have extensive language services. If needed,
the City will request assistance from these organizations who could perhaps offer competent
language services at no cost.The analysis of these factors suggests that extensive LEP services
are not required at this time.Nevertheless, the City believes that occasional Spanish language
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assistance may be necessary for meaningful access by members of the public.
The City understands that its community profile can change causing the four factor analysis to be
reviewed. As such, the City will periodically examine its LEP Plan to ensure that it remains
reflective of the community's needs. Persons requiring special language services should contact
the City's Title VI Coordinator:
Title VI Coordinator
Julie Christine, Human Resources
Director 104 N. Riverside Drive
Edgewater, FL 32132
386-424-2400 x1701
j achri st ineac i tyo fedgewater.org
VI. Public Involvement
The City strongly encourages the participation and input from its public in planning for efficient,
effective, safe programs and services. The City holds a number of public meetings, workshops
and other events designed to gather public input. Persons wishing to participate or provide input
may obtain more information on these forums, by dialing 386-424-2400 or visit
cityofedgewater.org.
VII. Data Collection
Federal Highway Administration (FHA) 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 accomplishes this through the use of
census data, American Community Survey reports and other resources. The City may find it
necessary to request voluntary identification of certain racial,ethnic or other data from those who
participate in its public involvement events. This information assists the City with improving its
targeted outreach and measures of effectiveness. 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 federal regulations.
VIII. Assurances
Every three years, or commensurate with a change in City executive leadership, the City must
certify 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 to its
community. Second, they serve as a legally enforceable agreement by which the City may be
held liable for breach. The public may view the assurance on the City's website or by contacting
the Title VI Coordinator.
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Attachment 1 - Oct 2016
City of Edgewater
Title VI Program
Complaint of Discrimination
Complainant(s) Name: Complainant(s) Address:
Complainant(s) Phone Number:
Complainant(s) Email:
Complamant's Representative's Name,Address, Phone Number and Relationship(e.g.friend,attorney,parent,
etc.):
Name and Address of Agency, Institution, or Department Whom You Allege Discriminated Against You:
Names of the Individual(s) Whom You Allege Discnmtnated Against You(It Known):
Discrimination Date of Alleged Discrimination:
Because Of:
oRace °Color oNational Origin oSex nAge
❑income oFamily Status oReligion ❑Disability
Please list the name(s) and phone number(s) of any person, if known, that the City of Edgewater
could contact for additional information to support or clarify your allegation(s).
Please explain as clearly as possible how, why, when and where you believe you were discriminated
against. Include as much background information as possible about the alleged acts of
discrimination. Additional pages may be attached if needed.
Complainant(s) or Complainant(s) Representatives Signature: Date of Signature:
Send completed form to:
Julie Christine,Human Resources Director
104 N. Riverside Drive
Edgewater,FL 32132
Phone:386-424-2400
Email:iachristine(c4citvofedgewater.org
Attachment 2 EXHIBIT"B"
Title VI/Non Discrimination Assurance
Pursuant to Section 9 of US DOT Order 1050.2A, the City Edgewater assures the Florida
Department of Transportation (FDOT) that no person shall on the basis of race, color,
national origin, sex, age, disability, family or religious status, as provided by Title VI of the
Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Florida Civil Rights
Act of 1992 and other nondiscrimination authorities be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination or retaliation under any
program or activity.
The City of Edgewater further assures FDOT that it will undertake the following with
respect to its programs and activities:
1. Designate a Title VI Liaison that has a responsible position within the organization and
access to the Recipient's Chief Administrator(City Manager).
2. Issue a policy statement signed by the City Manager (Appendix A of this assurance),
which expresses its commitment to the nondiscrimination provisions of Title VI. The
policy statement shall be circulated throughout the Recipient's organization and to the
general public. Such information shall be published where appropriate in languages other
than English.
3. Insert the required contract clauses attached hereto in Appendix B of this assurance in
410 every contract subject to the Acts and the Regulations
4. Develop a complaint process and attempt to resolve complaints of discrimination against
sub- recipients. Complaints against the Recipient shall immediately be forwarded to the
FDOT District Title VI Coordinator.
5. Participate in training offered on Title VI and other nondiscrimination requirements.
6. If reviewed by FDOT or USDOT, take affirmative action to correct any deficiencies found
within a reasonable time period, not to exceed ninety(90)calendar days.
7. Have a process to collect racial and ethnic data on persons impacted by your agency's
programs.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
federal funds, grants, loans, contracts, properties. discounts or other federal financial assistance
under all programs and activities and is binding. The person whose signature appears below is
authorized to sign this assurance on behalf of the Recipient.
Dated:
By:
4110I
' Michael Ignasiak, Mayor
APPENDIX A TO TITLE VII NONDISCRIMINATION ASSURANCE
thrt
/ rr
City of
ED G Florida
IT
City of Edgewater
Florida Policy Statement for Title VI
The City of Edgewater declares that it will not tolerate discrimination. That it will uphold all
requirements and regulations of the Florida Department of Transportation, The Federal Highway
Olbro Administration, the Federal Transit Authority as well as the United States Department of Transportation
and the United States Government. The City of Edgewater abides by the requirements of Title VI of the
Civil Rights Act of 1964 based on law, equality, morality and the desire to do what is right for our entire
community.
AP
Trace, . ar ow, City Manager
APPENDIX B TO TITLE VI;NONDISCRIMINATION ASSURANCE
REQUIRED CONTRACT CLAUSES
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest(hereinafter referred to as the"Contractor")agrees as follows:
(1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Agreement.
(2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall
not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family
status in the selection and retention of subcontractors, including procurements of materials and
leases of equipment. The Contractor shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix B of the Regulations.
(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all
solicitations made by the Contractor, either by competitive bidding or negotiation for work to be
performed under a subcontract, including procurements of materials or leases of equipment; each
potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the basis of race, color,
national origin,sex,age,disability, religion or family status.
(4.) Information and Reports: The Contractor shall provide all information and reports required by
the Regulations or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Florida
Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information the Contractor shall so certify to the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may determine to be appropriate, including,but not limited to:
a. withholding of payments to the Contractor under the contract until the Contractor
complies,and/or;
b. cancellation,termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall
take such action with respect to any subcontract or procurement as the Florida Department of
Transportation, the Federal Highway Administration, Federal Transit Administration, Federal
Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as
a means of enforcing such provisions including sanctions for noncompliance. In the event a
Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier
as a result of such direction, the Contractor may request the Florida Department of
Transportation to enter into such litigation to protect the interests of the Florida Department of
Transportation, and, in addition, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act
of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,
color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970,(42 U.S.C. § 4601),(prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or Federal-aid programs and
projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §
794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §
471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national
origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination
Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms "programs or activities" to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are Federally
funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37
and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order
12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations; Executive Order 13166,
Improving Access to Services for Persons with Limited English Proficiency, and resulting agency
guidance, national origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq).