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Resolution No. 2024-11 Approving Aventura Title VI Program Update - February 6, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO APPROVE THE CITY OF AVENTURA TITLE VI PROGRAM UPDATE IN ACCORDANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND AS REQUIRED BY THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS, OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is a sub recipient of the American Recovery and Reinvestment Act (ARRA) Stimulus Grant through the Miami-Dade County Department of Transportation and Public Works and is required to maintain a Title VI/Non- Discrimination Policy and Plan in accordance with the Civil Rights Act of 1964; and WHEREAS, Title VI/Non-Discrimination Policy and Plan for the City of Aventura, which complies with the federal requirements, helps to not only manage complaints efficiently by having set procedures, information, and points of contact, but also, to proactively discourage discrimination on the basis of race, color or national origin; and WHEREAS, the Department of Transportation and Public Works (DTPW) 2019 Title VI Program Update (FTA C4702.1 B) requires the Title VI/Non-Discrimination Policy and Plan be approved by the governing body by way of resolution; and WHEREAS, the Title VI/Non-Discrimination Policy and Plan must be updated every three years; and WHEREAS, the City of Aventura hereby finds the updated Title VI/Non Discrimination Policy and Plan, attached and made a part of this Resolution, to be in the best interest of the City of Aventura; and WHEREAS, the City Commission, upon recommendation of the City Manager, wishes to approve said Title VI Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1: The City of Aventura hereby approves and adopts the City of Aventura Title VI/Non-Discrimination Policy and Plan (attachment 1). Section 2: The City Manager is hereby authorized to do all things necessary to carry out the aims of the Resolution. City of Aventura Resolution No. 2024-11 Section 3: The City Manager is hereby directed to transmit a copy of this resolution to the Miami-Dade County Department of Transportation and Public Works. Section 4: This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Dr. Marks, who moved its adoption. The motion was seconded by Vice Mayor Kruss, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Paul A. Kruss Yes Mayor Howard S. Weinberg Yes PASSED AND ADOPTED this 6th day of February, 2024. � H WARD S. WEINBERG, ESQ. «y 4 MAYOR ATTEST: ELLISA L. HORVAT , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: . I � '/ . A--- ROBERT MEYERS .. CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 Title VI/Non-Discrimination Policy and Plan TITLE VI NOTICE TO THE PUBLIC City of Aventura (COA or the City) 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, 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." COA operates its programs and services without regard to race, color, and national origin in accordance with Title VI. For more information on COA's Title VI Program, obligations, procedures and/or to file a complaint, please contact or mail a complaint form to: Heath Papkov Title VI Coordinator 19200 W. Country Club Drive Aventura, FL 33180 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 — TCR, 1200 New Jersey Ave., SE, Washington, DC 20590 TITLE VI COMPLAINT INSTRUCTIONS AND PROCEDURE Any person who believes she or he has been discriminated against on the basis of race, color, or national origin by COA may file a Title VI complaint by completing and submitting COA's Title VI Complaint Form. COA investigates completed complaint forms that are filed no later than 180 calendar days following the date of the incident in question. How to file a complaint: A complaint can be filed in writing and mailed to the following address: Title VI Coordinator Heath Papkov 19200 W. Country Club Drive Aventura, FL 33180 The preferred method is to file a complaint in writing by completing COA's Title VI Complaint Form. If you do not use COA's Title VI Complaint Form, your written complaint must be signed and at a minimum contain the following: 1. Contact information including name, mailing address, telephone number(s) and e-mail address, etc.); 2. A description of how, when, where and why you believe you were discriminated against including location, names and contact information of any witnesses; and 3. Other information that you deem significant or important. Title VI Procedure 1. When a complaint is received by COA, the City will review it to determine if our office has jurisdiction. The complainant will receive a written acknowledgement within ten (15) days informing him/her whether the complaint will be investigated by our office. If the decision is not to investigate as a Title VI complaint, the notification shall state the reason(s) for the decision. 2. If a complaint is incomplete, additional information may be requested, and the complainant will be provided thirty (30) business days to submit the required information. If the information is not received within the time requested, the case can be administratively closed by COA. A case can also be administratively closed if the complainant no longer wishes to pursue their case. 3. The COA will make every effort to complete the investigation within sixty (60) days of receiving the complaint. Once the investigation is completed, a letter stating the findings of the investigation will be sent to the complainant. 4. The complainant shall be notified of his/her right to appeal the decision. A person may also file a complaint directly with the Federal Transit Administration at FTA Office of Civil Rights, 1200 New Jersey Ave., SE, Washington, DC 20590. COA Title VI Complaint Form - select to download a PDF copy of this form PUBLIC PARTICIPATION ELEMENT COA'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: o 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; o The public's contribution can influence the City's decision making concerning the bus shelters; o The concerns of all participants involved will be considered in the decision-making process; and o The City will facilitate the involvement of those potentially affected. COA'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. COA informs residents of any proposed changes to the bus shelters through the process of a public commission or workshop meeting advertised on the City's website and posted in the lobby of its Government Center 2 to 3 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/7days a week via our website www.C ityofave ntu ra.corn. MINORITY REPRESENTATION ON COMMITTEES AND COUNCIL The City of Aventura 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. PROVIDING MEANINGFUL ACCESS TO LIMITED ENGLISH PROFICIENT PERSONS Limited English Proficient (LEP) LEP refers to persons for whom English is not their primary language and who have a limited ability to 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 and programs, COA uses the information obtained in a Four Factor Analysis to determine the specific language services that are appropriate. This analysis helps COA to determine if it communicates effectively with LEP persons and informs 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 the bus shelters and or COA rideshare; 2. The frequency with which LEP persons come into contact with the bus shelters and or rideshare; 3. The nature and importance of the bus shelters to people's lives and or rideshare; and 4. The resources available to COA 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 bus shelters and or the COA rideshare programs, their literacy skills in English and their native language, the location of their community and neighborhoods and, more importantly, if 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 "Quick Facts" web page data from 2022. • City of Aventura Overview The bus shelters and bus stops are located on East Country Club Drive, West Country Club Drive and on the northeast corner of Biscayne Boulevard and NE 213th Street in Aventura. Aventura is home to a Hispanic population of 44.6%. Of the total population (38,930), 43.8% of COA residents reported speaking English less than very well. The census data does not provide information concerning COA residents who may speak a language other than English or Spanish. Given that COA does not provide public transportation services in connection with its receipt of FTA funding, which funding was utilized to construct two bus shelters, with respect to the second and third factors, it is difficult to ascertain the frequency with which LEP persons come into contact with the bus shelters or the nature and importance of the bus shelters to people's lives. Based upon the Census Bureau data, because COA has a considerable LEP population that presumable speaks Spanish, documents may be translated into Spanish, as needed. Department of Transportation and Public Works(DTPW) OFFICE OF CIVIL RIGHTS MUNICIPALITY INFORMATION SHEET CALVII-DikekliDoE TITLE VI PROGRAM (FTA C 4702.1B) COUNTY YEARLY UPDATE Municipality Name City of Aventura 1/26/2024 Address 19200 W.Country Club Drive,Aventura, FL 33180 Contact Person &Title Heath Papkov,Capital Projects Manager Contact Numbers 305-466-8923 e-mail address papkovhCa)cityofaventuracom Fax Legal Status of Organization Corporation/Municipality TITLE VI DEFINITION-Title VI of the Civil Rights Act of 1964 as amended states"No person in the United States shall,on the grounds of race, color or national origin,be excluded from,participation in,or be denied the benefits of,or be subjected to discrimination under any program,or activity receiving Federal financial assistance." ENVIRONMENTAL JUSTICE DEFINITION-When municipalities plan or program activities that could potentially have a disproportionately high or adverse impact on human health or the environment,recipients should include explicit consideration of the effects on minority populations and low income populations, REQUIREMENTS(FTA 4702.1B) YES NO NOTES Title VI statement clearly posted within dwelling or on company website indicating organization's YES commitment to providing non-discriminatory services and how to file a Title VI discrimination complaint. The Title VI Notice is posted in the City Government Center lobby and on its website. Tracking system in place to monitor Title VI complaints,as well as a system in place to monitor YES active Title VI investigations. Does municipality collect demographic data? YES Census Bureau Has municipality conferred with DTPW prior to completing a four factor analysis? If answer is NO,what other ways does the municipality NO provide meaningful access to the population they serve(provide answer in NOTES section). Does municipality monitor(every 3 years)the level and quality of service within predominantly minority areas YES to ensure equitable treatment. REQUIREMENTS YES NO NOTES Does municipality have transit related,non-elected planning boards,advisory councils or committees,or similar bodies selected by municipality? IF YES,please attach a copy of a table depicting the racial breakdown of the membership of the committee NO and a description of efforts made to encourage participation of minorities on committees or councils. If NO,submit a statement indicating there is NO SUCH TRANSIT-RELATED,NON-ELECTED PLANNING BOARDS,ADVISORY COUNCILS OR COMMITTEES. No such transit related, non elected planning boards, advisory boards or committees Does municipality plan to raise fares within the next 3 NO years? Does municipality confer with MDT prior to siting or location of facility (vehicle storage facilty, maintenance facility or operations center)which requires land acquisition and/or the displacement of NO The City contracts out its shuttle service. persons from their residences and businesses for which a NEPA process has not been completed? A 'facility does not include bus shelters,transit stations or power substations. Does municipality confer with DTPW prior to submitting their Public Participation plan? IF YES, NO does plan include an outreach plan to engage traditionally underserved persons? Does municipality confer with DTPW prior to making NO service adjustments to current system operations? Does municipality confer with DTPW prior to making a decision to prepare an Environmental Assessment (EA)and an Environmental Impact Statement(EIS) NO when considering new projects? Does municipality confer with DTPW prior to determining whether to notice or involve the public YES when considering proposed Title VI related programs/projects? When considering Title VI related programs/projects, does municipality confer with DTPW to ensure all YES requirements from(FTA C 4702.1B)are adhered to prior to completion? ADDITIONAL INFORMATION PLEASE ATTACH A COPY OF ALL INFORMATION REQUESTED AND SUBMIT IT ALONG WITH THE CHECKLIST. Please Note that the Municipality is Responsible for IMMEDIATELY notifying DTPW of any changes regarding plans for Service,Fares,Enviornmental Assessments,Sitings/Locations,Title VI Related Programs and Projects prior to rendering a decision. CITY OF AVENTURA Title VI Non-Discrimination Program Complaint of Discrimination Complainant (s) Name: Complainant (s) Address: Nombre(s)de(los)Reclamante(s): Direcci6n(es)de(los)Reclamante(s): Complainant (s) Phone Number: Numero(s)de telefono de(los) Reclamante(s): Complainant's Representative's Name, Address, Phone Number and Relationship (e.g.friend, attorney, parent, ect); Nombre del representante del Reclamante, direcci6n, telefono y relaci6n(por ejemplo amigo, abogado,padre, etc.): Name and Address of Agency, Institution, or Department Whom You Allege Discriminated Against You: Nombre y direcci6n de la agencia, instituci6n o departamento que usted alega discrimin6 en su contra: Names of the Individual (s) Whom You Allege Discriminated Against You )If Known): Nombre(s)de(los)individuo(s)que usted alega discriminaron en su contra(si to sabe): I believe the discrimination I ❑ Race Raza Date of Alleged Discrimination: experienced was based on Fecha de la supuesta discriminaci6n: (check all that apply): ❑ Color Color Creo que la discriminaci6n que yo experimente fue basada en ❑ National Origin (marque todos los que apliquen): Origen Nacional Mail to: Envie por correo a:City of Aventura: Heath E. Papkov 19200 W.Country Club Dr.,Aventura, FL 33180 This form may also be faxed to:Este formularo tambien se puede enviar por fax a:305-466-3277 City of Aventura has 180 days from receipt of form to complete investigation and issue findings. City of Homestead Trolley tiene 180 dias desde que recive la forma para completar la investigaci6n y comunicar los resulatdos. Page 1 of 2 CITY OF AVENTURA Title VI Non-Discrimination Program Complaint of Discrimination Please list the name(s) and phone number(s) of any person, if known, that Aventura Shuttle Service could contact for additional information to support or clarify your allegation(s). Por favor enumere el(los) nombre(s) y telefono(s) de cualquier persona, si sabe, que Transporte de Miami-Dade podria contactar para obtener informacion adicional para respaldar o aclarar to que usted alega. 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. Por favor explique to mas claramente posible c6mo, por que, cuando y d6nde tree usted que discriminaron en su contra. Incluya la mayor cantidad de information de segundo plano posible acerca de los supuestos actos de discriminaci6n. Puede agregar paginas adicionales si es necesario. Complainant(s) or Complainant(s) Representatives Signature: Date of Signature: Firma de(los) Reclamante(s)o de los representantes de(los)Reclamante(s): Fecha de la firma: Page 2 of 2 Heath Papkov From: Curtis,Yvette (DTPW) <Yvette.Curtis@miamidade.gov> Sent: Thursday,January 25, 2024 11:46 AM To: Tony Tomei Cc: Rowan,James (DTPW); Labranche, Cindy(DTPW) Subject: TITLE VI Municipality Update Form Attachments: TITLE VI Municipality Update Form.xlsx Good morning, Participating Municipality, the City of Aventura, Mr. Tomei, In accordance with the Federal Transit Administration(FTA)legislation for sub-recipients of funding received through the American Recovery and Reinvestment Act(ARRA)Economic Stimulus Grant, "non-discriminatory use of Federal funds by recipients of FTA assistance including their sub-recipients and contractors is prohibited." In compliance with the FTA reporting requirements,the Department of Transportation and Public Works (DTPW) Office of Civil Rights and Labor Relations (OCR/LR) is responsible for ensuring that each participating municipality is in compliance with Title VI of the Civil Rights Act of 1964. Specifically,the Title VI Act of 1964 states, "No person in the United States shall, on the grounds of race, color or national origin,be excluded from,participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Furthermore, federally supported transit services and related benefits must be distributed in an equitable manner. Please note that per the federal requirements outlined in FTA C 4702.1B, your municipalities Title VI program will be reviewed annually. As a result, see the attached YEARLY UPDATE TITLE VI Municipality Information Sheet Form which is to be submitted to the DTPW Office of Civil Rights and Labor Relations (OCR-LR) by Friday, April 5,2024. Should you require further infoirnation regarding the attached YEARLY UPDATE TITLE VI Municipality Infoimation Sheet Form,please contact me at Yvette.Curtis@miamidade.gov. Please contact me should you require further assistance. Thank you and have a great day, YVETTE D. CURTIS,Personnel Specialist 1 Department of Transportation and Public Works Office of Civil Rights and Labor Relations 701 N.W. 1st Court Suite 1700,Miami,Florida 33136 Phone: 786-469-5477 I Fax: 786-469-5589 Email: Yvette.Curtis miamidade.gov i TITLE VI/ NONDISCRIMINATION ASSURANCE City of Aventura Pursuant to Section 9 of US DOT Order 1050.2A, the 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. City of Aventura The 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 Executive Officer. 2. Issue a policy statement signed by the Chief Executive Officer, 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 clauses of Appendices A and E of this agreement in 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 C ief Executive Officer C( l 1 APPENDICES A and E 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 (7) 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 2 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). 3