2021-R-31 - Language Access PlanRESOLUTION NO. 2021-R-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ADOPTING THE
LANGUAGE ACCESS PLAN FOR LIMITED ENGLISH
PROFICIENCY PERSONS FOR THE REBUILD FLORIDA
GENERAL INFRASTRUCTURE PROGRAM COMMUNITY
DEVELOPMENT BLOCK GRANT DISASTER
MITIGATION PROGRAM AND OTHER FEDERALLY
FUNDED GRANT PROGRAMS
WHEREAS, The U.S. Department of Housing and Urban Development (HUD)
announced that the State of Florida would receive $680,411,000 in funding to support long-term
mitigation efforts (following Hurricanes Hermine, Matthew and Irma) through HUD's
Community Development Block Grant Mitigation (CDBG-MIT) Program.
WHEREAS, The Department of Economic Opportunity (DEO) has allocated
$475,000,000 in funding for the Rebuild Florida General Infrastructure Program through the
Community Development Block Grant — Mitigation (CDBG-MIT) Program.
WHEREAS, the DEO is making available $175,000,000 in a second round Rebuild
Florida General Infrastructure Program through the Community Development Block Grant —
Mitigation (CDBG-MIT) Program assistance for the 2021 Federal Fiscal Year funding year,
under which communities impacted by Hurricanes Hermine, Matthew and Irma can apply for
and receive funds to assist with mitigation efforts.
WHEREAS, the City of Edgewater plans to apply for a grant under the Florida CDBG-
MIT program and may from time -to -time apply for other federal grants, and as part of the
requirements to be such a grant recipient, the City has an obligation to reduce language barriers
that can preclude meaningful access by Limited English Proficient (LEP) persons to important
government programs, services, and activities.
2021-R- 31
WHEREAS, under the grant requirements the City is required to conduct a Four Factor
Analysis using the documentation provided by the Florida Department of Economic Opportunity,
to determine whether the City is required to submit to the Florida Department of Economic
Opportunity a Language Access Plan to address the Language Access Policy, translation of
required vital documents, and requirements for citizen participation.
NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater,
Florida:
Section 1. Adoption of the Language Access Plan. The City conducted the Four Factor
Analysis in accordance with the Florida Department of Economic Opportunity
requirements as further described in Exhibit "A" and is required to submit to the
Department a Language Access Plan to address the Language Access Policy, translation
of required vital documents, and requirements for citizen participation. The City Council
hereby approves and adopts the Language Access Plan for Limited English Proficiency
Persons in the form attached hereto as Exhibit "A". The Mayor and the City Clerk are
hereby authorized to take all actions necessary to provide the Language Access Plan to
the Florida Department of Economic Opportunity in the form required by the
Department.
Section 2. This Resolution shall take effect upon adoption.
2021-R- 31 2
After Motion to approve by fInc" t with Second
by Lthe vote on this Resolution was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers
PASSED AND DULY ADOPTED this±\day of ' ''' ' ,2021,
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
Bonnie Brown, CIVIC
City Clerk
For the use and reliance only by the City of Edgewater.,
Florida Approved as to form and legality by:
Aaron R. Wolfe, Esquire
City Attorney
Doran. Sims. Wolfe & `{ooia
Approved by the City Council ofthe City of Ed.)ewater at a
meeting; held on this `l'` day of ''` 1 f 2621 under
Agenda Item No
2021-R 1
EXHIBIT "A"
Language Access Plan for Limited English Proficiency Persons
2021-R- 31
FOUR -FACTOR ANALYSM
and
LANGUAGE ACCESS PLAN
FOR LIMITED ENGLISH PROFICIENCY
COMMUNITY DEVELOPMENT
CITY OF EDGEWATER, FLORIDA
2021-R- 31
Purpose: In compliance with Executive Order 13166, the City of Edgewater, Florida has
developed the following Four Factor Analysis and Language Access Plan (LAP) for Limited
English Proficiency (LEP) persons.
History: Title VI of the Civil Rights Act of 1964 is the federal law that protects individuals
from discrimination on the basis of their race, color, or national origin in programs that receive
federal financial assistance. In certain situations, failure to ensure that persons who have limited
English proficiency can effectively participate in, or benefit from, federally assisted programs
may violate Title VI's prohibition against national origin discrimination.
Persons who, as a result of national origin, do not speak English as their primary language and
who have limited ability to speak, read, write, or understand English may be entitled to language
assistance under Title VI in order to receive a particular service, benefit, or encounter.
City of Edgewater Four -Factor Analysis: The following Four -Factor Analysis will serve as
the guide for determining which language assistance measures the City of Edgewater will
undertake to guarantee access to the City of Edgewater's Community Development Block Grant
(CDBG) programs by LEP persons.
1. Number or proportion of LEP persons served or encountered in the eligible service
population (served or encountered includes those persons who would be served by the
recipient if the person received education and outreach and the recipient provided sufficient
language services).
The City of Edgewater utilized American Community Survey data Table(s) #51602. Based
on this data, the City of Edgewater does meet the 1,000 or 5% LEP persons threshold for
Spanish and French languages.
2. The frequency with which the LEP persons come into contact with the program.
The proposed project is an infrastructure project that does not provide direct assistance to
individuals. As a result, LEP persons rarely come into contact with the CDBG program.
However, all citizen participation activities are open to the general public.
3. The nature and importance of the program, activity, or service provided by the program.
The proposed project does not provide direct assistance to individuals. As a result, LEP
persons rarely come into contact with the CDBG program. However, all citizen
participation activities are open to the general public.
4. The resources available and costs to the recipient.
Currently, there are free websites that can be utilized to translate some written materials.
Additionally, local volunteers have been identified to provide oral translation services at
public meetings and during conversations with LEP residents during the implementation
of the proposed project. Furthermore, many of the common forms used in the
2021-R- 31 6
implementation of a CDB G project are available in multiple languages on the HUD and
DOL websites, Additionally, translation activities are an eligible CDBG administrative
expense. Therefore, limited LAP measures are reasonable given the resources available to
the City of Edgewater.
CITY OF EDGEWATER, FLORIDA
Language Access Plan
As a result of the preceding Four -Factor Analysis, the City of Edgewater, Florida has identified
the following types of language assistance to be provided oil an as needed basis by the City of
C�
Edgewater throughout the implementation of the CDBG program:
All CDB G citizen participation documents, project -related resolutions, public notices, and
amendments will be published in Spanish and French on bulletin boards at the City Hall and
in public places throughout the proposed project area(s) and/or the community.
All CDBCj citizen participation documents, project -related resolutions, public notices, and
amendments will be published in Spanish and French on the City of Edgewater's Website.
Additionally, all published citizen participation notices will include a statement in Spanish
and French indicating tile citizen participation notices as well as other program materials are
published on the City of Edgewater's Website and are available in Spanish and French upon
request.
All citizen participation notices will include a statement that translators will be available at
public meetings upon prior request.
■ If needed, a translator may be retained to provide oral translation in tile field during the
implementation of the project activities,
If other Populations of LEP persons are identified in the future, the City of Edgewater will
consider additional measures to serve the language access needs of those persons.
Adop
Attes*,
Bonnie Brown, CMC, City Clerk
Date Adopted
2021-R- 31 7