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15-1384 Adopting a Title VI of the Civil Rights Act of 1964 - Nondiscrimination Policy and PlanRESOLUTION NO.15-1384 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, ADOPTING A TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 - NONDISCREKNATION POLICY AND PLAN; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Longwood, Florida, as follows: SECTION I. ADOPTION. The following Title VI of the Civil Rights Act of 1964 — Non - Discrimination Policy and Plan is hereby adopted by the City of Longwood: Policy Statement The City of Longwood is a municipal governmental entity. It is the policy of the City of Longwood to ensure compliance with Title VI of the Civil Rights Act of 1964 and all related statutes or regulations in all programs and activities. The City of Longwood does not tolerate discrimination in any of its programs, services or activities. Thus, the City of Longwood 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. Prohibited Discriminatory Practices • The City of Longwood and its sub recipients of federal funds will not: • Deny any individual any services, opportunity, or other benefit for which such individual is otherwise qualified. • Provide any individual with any service, or other benefit, which is inferior (in quantity or quality) to, or which is provided in a different manner from that which is provided to others. • Subject any individual to segregated or disparate treatment in any manner related to such individual's receipt of services or benefits. • Restrict an individual in any way in the enjoyment of services, facilities, or any other advantage, privilege, or other benefit provided to others. • Adopt or use methods of administration, which would limit participation by any group of recipients or subject any individual to discrimination. • Address any individual in a manner that denotes inferiority because of race, color, or national origin. • Permit discriminatory activity in a facility built in whole or in part with federal funds. • Fail to advise the population eligible to be served or benefited by any federally funded program of such program's existence. • Deny any segment of the population the opportunity to participate in the operations of a planning or advisory body that is an integral part of a federally funded program. • Fail to provide service or information in a language other than English when significant numbers of potential or actual beneficiaries are of limited English speaking ability. • Subject an individual to discriminatory employment practices under any federally funded program whose object is to provide employment. • Locate a facility in any way that would limit or impede access to a federally funded service or benefit. Assurances Any federal financial assistance provided to the City of Longwood is conditioned on providing assurances that services to be benefited by the funds will operate without discrimination. Such an assurance is a contractual obligation through which the City of Longwood promises to comply with Title VI regulations and promises that it will take immediate and continuing steps to effectuate this compliance. Such assurances will also be a part of all contracts extending federal financial assistance through the City of Longwood to its sub -recipients. Every three years, or commensurate with a change in executive leadership year, the City must certify to FHWA and FDOT that its programs, services and activities are being conducted in a nondiscriminatory manner. Complaint Procedures The City of Longwood 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, religion, age, disability, family or income status in any City program, service or activity may file a complaint with the City of Longwood. Debbie Renfro, Title VI/Non-Discrimination Coordinator 907 E. State Road 434 Longwood, FL 32750 drenfro@longwoodfl.org 407-263-2384 Hearing Impaired: Florida Relay 7-1-1 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 City of Longwood be unable to satisfactorily resolve a complaint, the City will forward the complaint, along with a record of its disposition to the appropriate District of the Florida Department of Transportation (FDOT). The City of Longwood's Title VI Coordinator has `easy access' to the City Manager and is not required to obtain management or other approval to discuss discrimination issues. However, should the complainant be unable or unwilling to complain to the city/county, the written complaint may be submitted directly to FDOT which will serve as a clearing house, forwarding the complaint to the appropriate state or federal agency: Florida Department of Transportation Equal Opportunity Office ATTN: Title VI Complaint Processing 605 Suwannee Street MS 65 Tallahassee, FL 32399 2 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 transportation programs, services and activities. The City of Longwood will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The City of Longwood 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 of Longwood encourages the public to report any facility, program, service or activity that appears inaccessible to those who are disabled. Furthermore, the City of Longwood 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 of Longwood asks that requests be made at least 5 calendar days prior to the need for accommodation. Questions, concerns, comments or requests for accommodation should be made to the City's ADA Officer: Debbie Renfro, ADA/504 Coordinator 907 E. State Road 434 Longwood, FL 32750 drenfro@longwoodfl.org 407-263-2384 Hearing Impaired: Florida Relay 7-1-1 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: 1. Using 2010 U.S. Census data, the City of Longwood has determined that LEP individuals speaking other than English at home is approximately 15% of the community. The City of Longwood realizes that such statistical data can be outdated or inaccurate. Given this information, the City of Longwood reasons that a relatively small portion of its service population are LEP speakers. 2. The City of Longwood has not received any requests for translation or interpretation of its programs, services or activities into Spanish or any other language. 3. The City of Longwood 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 3 without reliable transportation systems. In that spirit, the City of Longwood posts documents that advise the public of how to access its nondiscrimination and public involvement policies on its official website. 4. The City is fortunate to have several employees who speak Spanish and have agreed to translate when requested. Language services will be provided to all regardless of cost to the City. The analyses of these factors suggest that LEP services are not required at this time. Therefore the City of Longwood has committed to the following: • Maintain a list of employees who competently speak Spanish and other languages and who are willing to provide translation and/or interpretation services. • Distribute this list to staff that regularly has contact with the public. • Provide notification in Spanish of the availability of LEP assistance in public meeting notices and on public involvement event signage. • Translate essential documents into Spanish. The City of Longwood understands that its community profile is changing and the four factor analysis may reveal the need for more or varied LEP services in the future. As such, it will annually 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/Nondiscrimination Officer. Public Involvement In order to plan for efficient, effective, safe, equitable and reliable transportation systems, the city/county must have the input of its public. The City of Longwood spends extensive staff and financial resources in furtherance of this goal and strongly encourages the participation of the entire community. Any person may attend any City Commission meeting and speak during the Hearing of the Public portion of the agenda concerning a matter of City business of concern to the person. City Commission meetings are generally held the first and third Mondays of each month at 7 p.m., in the Longwood City Hall Commission Chambers located at 175 W. Warren Ave, Longwood, FL 32750. Persons should check the City's website, www.longwoodfl.org for any changes to meeting dates, times and location. Meeting locations are accessible to the disabled. Persons wishing to request special presentations by the City; volunteer in any of its activities or offer suggestions for improvement of City public involvement may contact: Michelle Longo, City Clerk 175 W. Warren Ave Longwood, FL 32750 mlongo@longwoodfl.org 407-260-3441 Hearing Impaired: Relay 7-1-1 Data Collection Federal Highway Administration 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 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 its public involvement 4 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. SECTION II: SEVERABILITY. If any portion of this Resolution is finally determined by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable, or void, the balance of the Resolution shall continue in full force and effect. The policies adopted herein shall supplement and not supersede any existing ordinance, rule or policy of the City of Longwood. SECTION III: EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. PASSED AND RESOLVED this 10th day of September, 2015, by the City Commission of the City of Longwood, Florida. APPROVED: ATTEST• cWelle LotCgo, Ci Approved as to egality for the use and reliance of the City of Longwood, Florida only. Daniel angley, C' r