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HomeMy WebLinkAboutAgenda - 04-06-2021; 8-h - Compliance Plans for CDBG-CV Grant 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 6, 2021 Action Agenda Item No. 8-h SUBJECT: Compliance Plans for CDBG-CV Grant DEPARTMENT: Housing and Community Development ATTACHMENT(S): INFORMATION CONTACT: Attachment 1: Orange County CDBG-CV Emila Sutton, Director, Housing and Fair Housing Plan Community Development, (919) 245- Attachment 2: Orange County CDBG-CV 2490 Language Access Plan Attachment 3: Orange County CDBG-CV Section 3 Plan Attachment 4: Orange County CDBG-CV Equal Employment and Procurement Plan PURPOSE: To approve four plans required by the NC Department of Commerce as part of Orange County's Community Development Block Grant — Coronavirus (CDBG-CV) award. BACKGROUND: On August 25, 2020, Governor Roy Cooper announced the availability of $28 million from federal Community Development Block Grant — Coronavirus (CDBG-CV) funding to be disbursed to support rental and utility payments and prevent evictions for those with a demonstrated need. The funding will be distributed to eligible community agencies around the state that will work directly with North Carolinians on an application and disbursement process. Orange County applied for and was awarded CDBG-CV funds to be used with the County's existing Emergency Housing Assistance (EHA) program, which prevents eviction and homelessness by providing financial assistance to help Orange County residents with low incomes secure and maintain stable housing. EHA assistance is available to households in Orange County that earn no more than 60% of the area median income, have an urgent need for housing assistance, and lack resources to cover the cost of their housing need. As part of the CDBG-CV grant compliance requirements, Orange County must adopt the following plans that will apply to activities using CDBG-CV funds and use the templates provided by the NC Department of Commerce: • Fair Housing Plan (Attachment 1) • Language Access Plan (Attachment 2) • Section 3 Plan (Attachment 3) • Equal Employment and Procurement Plan (Attachment 4) 2 In order to adopt these plans, the Board of Commissioners must authorize the Board Chair to sign the Fair Housing Plan, Language Access Plan, Section 3 Plan, and Equal Employment and Procurement Plan. FINANCIAL IMPACT: Approval of these plans is required in order to maintain Orange County's $900,000 CDBG-CV grant. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal impacts applicable to this item. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the Fair Housing Plan, Language Access Plan, Section 3 Plan, and Equal Employment and Procurement Plan for activities funded with Orange County's CDBG-CV award. 3 Attachment I Recipient's Plan to Further Fair Housing Grantee: Orange County Recipient's Address: PO Box 8181 Hillsborough,NC 27278 Contact Person: Erika Brandt Contact Phone#: 919-245-4331 Contact Email: ebrandt(a,oran ec�ountync.gov TDD #: I. Indicate if the Recipient will be affirmatively furthering fair housing for the first time or has implemented specific activities in the past. First Time X Past Activities II. Identify and analyze obstacles to affirmatively furthering fair housing in recipient's community. (Use additional pages as necessary) In 2020, Orange County worked with the Center for Urban and Regional Studies at the University of North Carolina Chapel Hill to conduct an Analysis of Impediments to Fair Housing Choice (AI). The AI includes an analysis of Orange County laws, regulations, and administrative policies, procedures, and practices that affect the location, availability, and accessibility of housing. The Al also includes an assessment of conditions, both public and private, that affect fair housing choice. The Al identified the following impediments to fair housing: • A lack of affordable housing has resulted in severe rent burdens among many renters, especially those with low and moderate incomes. A majority of renters in the county are rent burdened—spending over 30% of household income toward rent and utilities; this figure exceeds 85% for households earning below $35,000 and is still over half for households earning $35,000—$49,999. Meanwhile, over 80% of households earning under$20,000 are severely rent burdened(meaning they pay over half their income toward rent and utilities), as are nearly 40% of households earning $20,000—$34,999. • African Americans and Hispanics face difficulties receiving conventional mortgage loans. The denial rate for first-lien, conventional mortgages for African Americans is consistently over four times that of Whites, and the denial rate for Hispanics is between two and four times that of Whites as well. The most common reasons for denial, as noted in the HMDA data, are credit history for African Americans (33% of all denial reasons) and debt-to-income ratio for Hispanics (49% of all denial reasons). • Based on the number of fair housing complaints filed, disabled persons face difficulties accessing fair housing.Nearly half of all fair housing complaints 4 filed in the 2010-2018 period were filed due to discrimination based on disability. Given that the county's population with a disability is approximately 12,500, and that over a quarter of the elderly are also disabled, this is a significant barrier to fair housing. • There exists a lack of subsidized rental properties outside the Towns of Chapel Hill and Carrboro. The only public housing in the county is located in Chapel Hill, and the vast majority of other subsidized properties are located in either Chapel Hill or Carrboro. To that end, six subsidized developments exist in Hillsborough, one exists in the Orange County portion of Mebane, and only one subsidized property exists in unincorporated Orange County. • Zoning throughout the county largely restricts the development of denser, more affordable housing. Only a handful of areas in the county are zoned for moderately dense residential development (over four lots or units per acre), and resident opposition can complicate or inhibit the development of denser housing in those areas. Given the high cost of land in service-rich neighborhoods of Chapel Hill and Carrboro, low-density zoning can prevent the construction of affordable housing. Based on the impediments above, the AI makes the following recommendations. • Seek more funds for subsidized housing. Low- and moderate-income households are disproportionately rent-burdened, and recently, rents have increased faster than wages. • Encourage development of some subsidized housing outside of Chapel Hill and Carrboro. • Educate landlords, property managers, and other housing providers about fair housing law and reasonable accommodation, especially as they pertain to persons with disabilities. • Offer educational courses on mortgage lending and building credit scores that are geared toward African American and Hispanic borrowers. • Encourage cooperation and coordination between the affordable housing advisory boards in the county. • Explore funding options for a best-practices Rapid Rehousing program to serve homeless individuals and families in Orange County. • Identify ways to protect residents of mobile home parks who may be under threat of displacement. • Consider areas to strategically up-zone to promote the development of affordable housing. 2 5 III. Will the above activities apply to the total municipality or county? Yes X No If no,provide an explanation. (Use additional pages as necessary) IV. Briefly describe the quarterly activities that the recipient will undertake over the active period of the grant to affirmatively further fair housing in their community. A time schedule and estimated cost for implementation of these activities must be included. Activities must be scheduled for implementation at least on a quarterly basis. (Use attached table) 3 6 Grantee Name: Orange County Quarterly Fair Housing Activity Months Year Estimated Actual Cost Cost Seek more funds for subsidized housing. Jan-Mar 2021 $0 Orange County Housing and Community Development Department, and its partners in the Apr-Jun 2021 $0 Towns of Carrboro, Chapel Hill, and Hillsborough are constantly seeking funding opportunities for Jul-Sep 2021 $0 affordable housing in the community, and will continue to do so ongoing throughout the CDBG-CV Oct-Dec 2021 $0 grant period. Examples of recent funding secured for affordable Jan-Mar 2022 $0 housing—in addition to this CDBG-CV grant— Apr-Jun 2022 $0 include Coronavirus Relief Funds (CRF) allocated to the County, CRF funds from the NC Department of Jul-Sep 2022 $0 Health and Human Services, and Emergency Solutions Grant(ESG) funds from the NC Department of Health and Human Services. Oct-Dec 2022 $0 Jan-Mar 2023 $0 Apr-Jun 2023 $0 Explore funding options for a best-practices Rapid Jan-Mar 2021 $108,000 Rehousing program to serve homeless individuals and families in Orange County. Apr-Jun 2021 $108,000 Orange County Housing and Community Development Department and the Orange County Jul-Sep 2021 $108,000 Partnership to End Homelessness set up and funded a best-practice Rapid Rehousing program in 2020, using Oct-Dec 2021 $108,000 ESG funds, ESG—Coronavirus (ESG-CV) funds, and HOME Investment Partnerships Program(HOME) Jan-Mar 2022 $108,000 funds. We estimate that at full capacity—with two full-time case managers with full caseloads—the Apr-Jun 2022 $108,000 annual budget requirement will be $432,000. Jul-Sep 2022 $108,000 Oct-Dec 2022 $108,000 Jan-Mar 2023 $108,000 Apr-Jun 2023 $108,000 4 7 Identify ways to protect residents of mobile home Jan-Mar 2021 $125,000 parks who may be under threat of displacement. Orange County Housing and Community Apr-Jun 2021 $125,000 Development Department is working with the Towns of Chapel Hill, Carrboro, and Hillsborough to align Jul-Sep 2021 $125,000 mobile home park displacement prevention and relocation strategies. Oct-Dec 2021 $125,000 The County currently has funds for mobile home park Jan-Mar 2022 $125,000 infrastructure upgrades (about$1 million) and a small amount of funds for mobile home replacement and Apr-Jun 2022 $125,000 relocation when a resident faces displacement. The County and the Towns plan to create a joint plan to ensure how a rapid response when opportunities to Jul-Sep 2022 $125,000 prevent displacement of mobile home park residents and/or assist with relocation arise, and propose Oct-Dec 2022 $125 000 broadening the allowable uses of existing funds to provide the flexibility needed to respond to mobile Jan-Mar 2023 $125,000 home needs as they arise. Once the joint plan is developed, we estimate an annual budget of at least $500,000 will help fund Apr-Jun 2023 $125,000 expenses related to park upgrades, relocation, etc. 5 8 V. Describe recipient's method of receiving and resolving housing discrimination complaints. This may be either a procedure currently being implemented or one to be implemented under this CDBG grant. Include a description of how the recipient informs the public about the complaint procedures. (Use additional pages as necessary) From the Orange County Civil Rights Ordinance: http://oran e�ync.gov/DocumentCenter/View/2673/Orange-County-Civil-Rights- Ordinance-PDF a) Any person or persons wishing to file a complaint of housing discrimination in Orange County may do so by submitting the complaint to the Orange County Human Relations Commission. b) Complaints shall be in writing, signed and verified by the Complainant. Complaints shall state the facts upon which the allegation of an unlawful discriminatory practice is based and shall contain such other information and be in such form as the Commission requires. c) Commission staff shall assist Complainants, if necessary, in reducing Complaints to writing and shall assist in setting forth the information in the Complaint as may be required by the Commission. 1) The Complaint must be filed with the Commission no later than one (1) year from the date of the occurrence, or cessation of the alleged unlawful practice. d) The Commission staff shall serve upon the Respondent and Complainant, in accordance with the North Carolina Rules of Civil Procedure, a copy of the Complaint and a notice advising the Respondent and Complainant of his or her procedural rights and obligations under this Ordinance within ten (10) days after the Complaint is filed with the Commission. e) A Respondent may file an answer to the Complaint within ten(10) days after receiving a copy of the Complaint. Answers shall be signed and verified by the Respondent and shall be filed with the Commission. f) With leave of the Commission staff, which leave shall be granted whenever it would be reasonable and fair to do so, Complaints and Answers may be amended at any time. Amendments shall be reduced to writing, signed, verified, and filed with the Commission. Amendments shall relate back to the date the original Complaint or Answer was filed. g) The Commission staff shall, within thirty (30) days after the filing of a Complaint, commence an investigation into the allegations contained in the Complaint. h) In conducting an investigation, the Commission staff shall have access at all reasonable times to premises, records, documents, individuals, and other evidence 6 9 or possible sources of evidence to ascertain the factual basis of the allegations contained in the Complaint. Further, the Commission staff may examine, record, and copy such materials and take and record the testimony or statements of such persons as reasonably necessary for the furtherance of the investigation. i) In conducting an investigation, the Commission staff may, in accordance with the North Carolina Rules of Civil Procedure: 1) issue subpoenas compelling access to or production of documents, materials, or other evidence; 2) issue subpoenas compelling witnesses, including any party, to appear and give testimony before the Commission staff; 3) issue subpoenas compelling witnesses, including any party, to appear and give testimony at a deposition; 4) take depositions of witnesses, including any party; and 5) issue interrogatories to a Respondent. j) Upon written application to the Commission staff, a Respondent shall be entitled to the issuance of interrogatories directed to the Complainant, to the issuance of a reasonable number of subpoenas for the taking of depositions, and to the issuance of a reasonable number of subpoenas for the production of evidence. k) In the case of refusal to obey a subpoena, answer an interrogatory, answer a question propounded in a deposition, or answer a question propounded during an interview conducted by the Commission staff pursuant to this section, the Commission staff or the Respondent may make a motion in the Superior Court to compel a person to obey the subpoena, answer the interrogatory, or answer the question. The North Carolina Rules of Civil Procedure shall apply to the making of such motions. If a person fails to obey an order issued pursuant to this subsection, the court may apply any or all of the sanctions available in Rule 37 of the North Carolina Rules of Civil Procedure. 1) Whenever the Commission staff concludes on the basis of a preliminary investigation of a Complaint that prompt judicial action is necessary to carry out the purposes of this Ordinance, the Commission may commence a civil action in the Superior Court for injunctive relief pending final disposition of the Complaint. Any injunctive relief shall be ordered in accordance with Rule 65 of the North Carolina Rules of Civil Procedure. The commencement of a civil action to obtain injunctive relief shall not affect the continuation of the Commission staff s investigation or the initiation of a separate civil action provided for in this Ordinance. m) Complaints may be resolved at any time by informal conference, conciliation, or persuasion. Nothing said or done in the course of such informal procedure may be made public by the Commission or used as evidence in any subsequent proceeding without the written consent of the person concerned. However, all 7 10 resolutions of complaints shall be reduced to writing, shall be signed by the Complainant, the Respondent, and by the Commission staff and shall be enforceable as a binding contract by the Commission pursuant to the applicable provisions of North Carolina law, statutory and common. Approved By: Name and Title of Signature Date Chief Elected or Executive Officer 8 11 Attachment 2 Providing Meaningful Communication with Persons with Limited English Proficiency Orange County, North Carolina NC CDBG-CV Program January 2021—June 2023 The purpose of this Policy is to ensure compliance with Title VI of the Civil Rights Act of 1964, and other applicable federal and state laws and their implementing regulations with respect to persons with limited English proficiency(LEP). Title VI of the Civil Rights Act of 1964 prohibits discrimination based on the ground of race, color or national origin by any entity receiving federal financial assistance. Administrative methods or procedures, which have the effect of subjecting individuals to discrimination or defeating the objectives of these regulations, are prohibited. POLICY: The language below is from the Orange County Language Access Policy, approved by the Orange County Board of Commissioners on June 16, 2020: https.11www.oranzecountync.movIDocumentCenterIViewl]15651 I. Policy Statement It is the policy of Orange County to provide timely meaningful access for Limited English Proficiency ("LEP")persons to all Orange County government services,programs and activities.All language assistance services are free to all LEP individuals who requests language assistance services. II. Purpose and Authority The purpose of this policy is to establish effective guidelines, consistent with Title VI of the Civil Rights Act of 1964 and Executive Order 13166,for Orange County employees to follow when providing services to, or interacting with, individuals who have limited English proficiency("LEP"). Following this Policy is essential to the success of our mission to provide meaningful access to the LEP community to all Orange County services,programs and activities. III. Staff Compliance Orange County personnel shall provide free language assistance services to LEP individuals whom they encounter or whenever an LEP person requests language assistance services. Each County Department Director is responsible to ensure their respective departments have a Language Access Plan, LEP persons have access to the services their department provides, and to ensuring department staff receives training on providing language access services to the LEP community. IV. Definitions A. Bi-lingual staff—A staff person employed by Orange County who has demonstrated proficiency in English and reading,writing, speaking, or understanding at least one other language as authorized by his or her department. B. Interpretation—The act of listening to a communication in one language(source language) and orally converting it to another language (target language)while retaining the same meaning. C. C. Language Assistance Services—Oral and written language services needed to assist LEP individuals to communicate effectively with staff, and to provide LEP individuals with 12 meaningful access to, and an equal opportunity to participate fully in,the services, activities, or other programs administered by the Department. D. Limited English Proficient(LEP)Individuals—Individuals who do not speak English as their primary language and who have a limited ability to read,write, speak, or understand English. LEP individuals may be competent in English for certain types of communication(e.g., speaking or understanding),but still be LEP for other purposes(e.g.,reading or writing). E. Meaningful Access—Language assistance that results in accurate, timely, and effective communication at no cost to the LEP individual. F. Primary Language—An individual's primary language is the language in which an individual most effectively communicates. G. Program or Activity—The term"program or activity"and the term"program"mean all of the operations of the Department. H. Qualified Translator or Interpreter—An in-house or contracted translator or interpreter who has demonstrated his or her competence to interpret or translate through testing by the Department of Human Rights and Relations, Certification by a qualified entity, or is authorized to do so by contract with the Department and if a County employee approved by his or her department. I. Sight Translation—Oral rendering of written text into spoken language by an interpreter without change in meaning based on a visual review of the original text or document. J. Translation—The replacement of written text from one language(source language) into an equivalent written text in another language(target language). K. Vital Document—Paper or electronic written material that contains information that is critical for accessing a component's program or activities, or is required by law. V. Language Assistance Measures Ensuring the quality and accuracy of language assistance services provided by each Department is critical to providing LEP individuals with meaningful access to department programs and activities. A. Identification of LEP Communities. Orange County shall assess the number or proportion of LEP persons from each language group in The County to determine appropriate language assistance services. The analysis shall include persons in Orange County with whom your departments comes into contact while carrying out service functions. The assessment shall include all communities who are eligible for services or are likely directly affected by programs or activities. Departments may determine the linguistic characteristics of an LEP population in their Orange County service area by reviewing available data from federal, state, and local government agencies, community, and faith based organizations.A department should also identifying and tracking the primary language of LEP individuals that seek and receive programs and services. By regularly collecting and updating this data, departments will be able to accurately identify and efficiently address the changing needs of their LEP communities. B. Quality of Language Access Services. The Department of Human Rights and Relations is delegated with the authority to ensure that the County will take reasonable steps to ensure that all staff or contracted personnel who serve as translators, interpreters or who communicate"in-language"with LEP persons are competent to do so. Considerations of competency in light of particular tasks may include: Page 2 13 1. Demonstrated proficiency in and ability to communicate information accurately in both English and the other language; 2. Identifying and employing the appropriate mode of interpreting(e.g., consecutive, simultaneous, or sight translation),translating, or communicating fluently in the target language; 3. Knowledge in both languages of any specialized terms or concepts particular to the component's program or activity and of any particularized vocabulary used by the LEP person; 4. Understanding and following confidentiality, impartiality, and ethical rules to the same extent as Department staff; 5. Understanding and adhering to their role as interpreters,translators, or bi-lingual staff. Department liaisons shall also take reasonable steps to ensure that when translating text, all staff or contracted personnel who serve as translators are briefed by department staff on the context and intended audience. 6. Absent exigent circumstances, Departments shall avoid using family members (including children),neighbors, friends, acquaintances, and bystanders to provide language assistance services. Departments shall also avoid using individual opposing parties, adverse witnesses, or victims to a dispute as interpreters.Using family, friends, bystanders, or parties to a dispute to interpret could result in a breach of confidentiality,a conflict of interest, or inadequate interpretation. C. Types of Language Assistance Services. There are two primary types of language assistance services: oral and written. 1. Interpretation Services. Oral language assistance service may come in the form of"in- language" communication(a qualified bi-lingual staff member communicating directly in an LEP person's language) or interpreting. An interpreter renders a message spoken in one language into one or more other languages. Interpretation can take place in-person, through a telephonic interpreter, or via internet or video interpreting. Departments shall ensure the Department of Human Rights and Relations has designated interpreters as "qualified"prior to engaging them for services. 2. Translation of Vital Documents. Departments should proactively translate vital written documents into the frequently encountered languages of LEP groups served or likely to be affected by the benefit,program or service in Orange County. When Department staff have reason to believe that an individual is LEP,the department must respond to that LEP individual in a language he or she understands. For example, a letter sent to a specific LEP person should be translated into the appropriate language for that individual to ensure effective communication. Departments should also have a language access plans in place for handling written communication with LEP individuals in less frequently encountered languages. a. Departments shall prioritize translation of vital documents. Classification of a document as "vital"depends upon the importance of the program, information, encounter, or service involved, and the consequence to the LEP person if the information in question is not provided accurately or in a timely manner. The determination of what documents are considered"vital"is left to the discretion of individual department,which are in the best position to evaluate their circumstances and services within their language access planning materials. Page 3 14 b. Types of vital documents—There are two types of Vital Documents,those meant for the general public or a broad audience, and those that are specific communications regarding a case or matter between an individual and the Department. Each department should exercise its discretion in creating a process for identifying and prioritizing vital documents or texts to translate. Departments should ensure all translations are completed by translators who are designated as "qualified"by the Department of Human Rights and Relations. c. Documents that may be considered"vital"may include,but are not limited to, certain: i. Administrative complaints,release, or waiver forms; ii. Claim or application forms; iii. Public outreach or educational materials(including web-based material); iv. Letters or notices pertaining to policies changes or updates; V. Written notices of rights,denial, loss,or decreases in benefits or services, or hearings; vi. Forms or written material related to individual rights; vii. Notices of community meetings or other community outreach; viii. Notices regarding the availability of language assistance services provided by the component at no cost to LEP individuals; D. Notice of Language Assistance Services. Departments must inform LEP individuals of their eligibility for benefits,programs, and services in a language they understand. Departments should assess all points of contact,telephone, in-person,mail, and electronic communication its staff has with the public and LEP individuals when determining the best method of providing notice of language assistance services. A Department should not only provide oral and written language access services,but also must explain how LEP individuals can access available language assistance services. VI. Staff Training A. Language Access Training is mandatory for department directors, supervisors,interpreters, translators, or frontline staff who encounter LEP individuals. Staff shall receive training on identifying LEP customers and the procedures for accessing language assistance services provided by the County.New employees will receive training at new employee orientation on available language access resources.Yearly training will be available to existing staff to ensure effective implementation of the policies and procedures. B. Supervisors will be responsible for department level training on the department's language access plan. They will provide training for all staff before this new plan is implemented. Included in the training will be a review of the Language Access Policy and Procedures;training on utilizing translation services for written materials, and utilizing currently used language and sign language interpreter services. Subsequent training of new or existing staff will be the responsibility of the manager/supervisor. C. Training for language access services will include training on LEP services,cultural sensitivity, and customer service to help staff deliver effective and efficient language access services to our LEP clients. The training will be delivered via a blended approach,using a variety of tools, such Page 4 15 as in-person classroom style training, and on-line webinars designed to enhance skills, including the language skills of our employees. VII. Bilingual Staff Orange County has a multi-lingual hiring preference for positions that provide direct, critical services to LEP clients,these position are advertised to attract bi-lingual candidates. Positions,the County Manager determines provide direct critical services to the LEP community,may require that bi-lingual persons serve in those positions. Prior to becoming an Orange County employee, a candidate shall be tested to ensure that are competent in each required language. Bi-lingual employees may receive additional remuneration. VIII. Performance Measurement Orange County shall conduct an audit of language assistance services on an annual basis. An audit consists of monitoring, evaluating and updating the Language Access Policy,plan and procedures as needed. IX. Language Access Plan The Department of Human Rights shall develop a Language Access Plan and procedures under the direction and with the approval of the County Manager. The Language Access Plan and any procedures shall assist County departments in defining tasks, setting deadlines and priorities, assigning responsibility, and allocating the resources necessary to come into or maintaining compliance with language access requirements. It will also describes how departments will meet the service delivery standards. ADDITIONAL DEFINITIONS: Title VI Compliance Officer: The person or persons responsible for administering compliance with the Title VI LEP policies. Substantial number of LEP: 5%or 1,000 people,whichever is smaller, are potential applicants or recipients of the agency and speak a primary language other than English and have limited English proficiency. PROCEDURES: 1. IDENTIFYING LEP PERSONS AND THEIR LANGUAGE Orange County will promptly identify the language and communication needs of the LEP person. Staff will use a language identification card(or"I speak cards,"provided by the Rural Economic Development Division(REDD)and LEP posters to determine the language. In addition,when records are kept of past interactions with individuals or family members,the language used to communicate with the LEP person will be included as part of the record. 2. OBTAINING A QUALIFIED INTEPRETER List the current name, office telephone number, office address and email address of the Title VI compliance officer: Page 5 16 Marlyn Valeiko,LEP Specialist Orange County Human Rights and Relations Department Phone: 919-245-2498 Email: mvaleiko(cr�,oran eg coon, nc._ov Office Address: 1000 Corporate Dr, Suite 400 Hillsborough,NC 27278 (Note: The agency must notify the REDD Compliance Office immediately of changes in name or contact information for the Title VI compliance officer) Check all methods that will be used: ❑ Maintaining an accurate and current list showing the language,phone number and hours of availability of bilingual staff(provide the list): ® Contacting the appropriate bilingual staff member to interpret,in the event that an interpreter is needed, if an employee who speaks the needed language is available and is qualified to interpret; ® Obtaining an outside interpreter if a bilingual staff or staff interpreter is not available or does not speak the needed language. (Identify the agency(s) names) with whom you have contracted or made arrangements) • American Sign Language: Communication Services for Deaf and Hard of Hearing • Arabic: Samar Shawa • Chinese(Mandarin): o Cindy Chen o Daniel Qiao • Karen: Margaret Toe • Burmese: Margaret Toe • Spanish: o Benjamin Beaton o Lissette Saca o Lucia Centeno o Patricia Nadabar o Spanish Without Borders o TILDE Language Justice Cooperative • Various Languages: o CHICLE Language Institute o FLUENT Language Solutions o Telelanguage o Refugee Community Partnership (Chin,Karen,Burmese, Kinyamulenge, Kinyarwanda,Kirundi,Lingala, Swahili,French) o United Language Group ❑ Have/has agreed to provide qualified interpreter services. The agency's (or agencies')telephone number(s)is/are(insert number(s)), and the hours of availability are(insert hours). Page 6 17 ❑ Other (describe): All staff will be provided notice of this policy and procedure, and staff that may have direct contact with LEP individuals will be trained in effective communication techniques, including the effective use of an interpreter. Some LEP persons may prefer or request to use a family member or friend as an interpreter. However, family members or friends of the LEP person will not be used as interpreters unless specifically requested by that individual and after the LEP person has understood that an offer of an interpreter at no charge to the person has been made by the facility. Such an offer and the response will be documented in the person's file. If the LEP person chooses to use a family member or friend as an interpreter, issues of competency of interpretation,confidentiality,privacy, and conflict of interest should be considered. If the family member or friend is not competent or appropriate for any of these reasons, competent interpreter services will be provided to the LEP person. Children and other residents will not be used to interpret, in order to ensure confidentiality of information and accurate communication. 3.PROVIDING WRITTEN TRANSLATIONS i. Orange County will set benchmarks for translation of vital documents into additional languages. (please ensure to keep records of those documents that apply to your agency) ii. When translation of vital documents is needed, Orange County will submit documents for translation into frequently-encountered languages. iii. Facilities will provide translation of other written materials, if needed, as well as written notice of the availability of translation, free of charge, for LEP individuals. 4.PROVIDING NOTICE TO LEP PERSONS Orange County will inform LEP persons of the availability of language assistance, free of charge,by providing written notice in languages LEP persons will understand. Example: The notification will include, in the primary language of the applicant/recipient,the following language: IMPORTANT: IF YOU NEED HELP IN READING THIS,ASK THE AGENCY FOR AN INTERPRETER TO HELP. AN INTERPRETER IS AVAILABLE FREE OF CHARGE. All interpreters,translators and other aids needed to comply with this policy shall be provided without cost to the person being served, and individuals and their families will be informed of the availability of such assistance free of charge. At a minimum,notices and signs will be posted and provided in intake areas and other points of entry, including but not limited to the main lobbies,waiting rooms, etc. (Include those areas that apply to your agency). Notification will also be provided through one or more of the following: outreach documents,telephone voice mail menus,local newspapers,radio and television stations, and/or community-based organizations Page 7 18 (Include those that apply to your agency). 5.MONITORING LANGUAGE NEEDS AND IMPLEMENTATION On an ongoing basis, Orange County will assess changes in demographics,types of services or other needs that may require reevaluation of this policy and its procedures. In addition, Orange County will regularly assess the efficacy of these procedures,including but not limited to mechanisms for securing interpreter services, complaints filed by LEP persons, feedback from residents and community organizations, etc. I. Compliance Procedures,Reporting and Monitoring A. Reporting The agency will complete an annual compliance report and send this report to REDD. (Format will be supplied by REDD) B. Monitoring The agency will complete a self-monitoring report on a quarterly basis,using a standardized reporting system proposed by the local government. These reports will be maintained and stored by the Title VI Compliance Officer and will be provided to the REDD upon request. The agency will cooperate,when requested,with special review by the REDD. II. Applicant/Recipient Complaints of Discriminatory Treatment A. Complaints The agency will provide assistance to LEP individuals who do not speak or write in English if they indicate that they would like to file a complaint. A complaint will be filed in writing, contain the name and address of the person filing it or his/her designee and briefly describe the alleged violation of this policy. The form can be found at hlt2s://www.nccommerce.com/documents/cdbg-coMpliance-plans. The agency will maintain records of any complaints filed,the date of filing, actions taken and resolution. The agency will notify the appropriate section within REDD of complaints filed,the date of filing, actions taken and resolution. This information will be provided within 30 days of resolution. B. Resolution of Matter If the matter cannot be resolved by informal means,the individual will be informed of his or her right to appeal further to REDD. This notice will be provided in the primary language of the individual with Limited English Proficiency. The REDD Compliance Office will conduct an investigation of the allegations of the complaint. The investigation will afford all interested persons and their representatives, if any,an opportunity to submit evidence relevant to the complaint. Page 8 19 The investigation will not exceed 30 days, absent a 15-day extension for extenuating circumstances. If the investigation indicates a failure to comply with the Act,the local unit of government,agency Director or his/her designee will so inform the recipient and the matter will be resolved by informal means whenever possible within 60 days. If the matter cannot be resolved by informal means,then the individual will be informed of his or her right to appeal further to the Department of Justice. This notice will be provided in the primary language of the individual with Limited English Proficiency. If not resolved by REDD,then complaint will be forwarded to Department of Justice (DOJ),Department of Housing and Urban Development(HUD)Field Office. SUBMITTED AND ADOPTED BY: Name of County Manager or Chairman of Board Signature of County Manager or Chairman of Board Date Page 9 20 Attachment 3 Local Jobs Initiative Section 3 Plan Local Economic Benefit for Low- and Very Low-Income Persons NC Department of Commerce and its sub-recipient Orange County, North Carolina NC CDBG-CV Program January 2021 —June 2023 I. APPLICATION AND COVERAGE OF POLICY NC Commerce and any of it sub-recipients are committed to the policy that, to the greatest extent possible, opportunities for training and employment be given to lower income residents of the community development project area and contracts for work in connection with federally assisted community development project be awarded to business concerns located or owned in substantial part by persons residing in the Section 3 covered area, as required by Section 3 of the Housing and Urban Development Act of 1968,NC Commerce and any of its sub-recipients of the Community Development Block Grant- Coronavirus (CDBG-CV)has developed and hereby adopts the following Plan: NC Commerce and any of its sub-recipients will comply with all applicable provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended(24 CRF Part 135), all regulations issued pursuant thereto by the Secretary of Housing and Urban Development, and all applicable rules and orders of the Department issued thereunder. This Section 3 covered project area for the purposes of this grant program shall include NC Commerce and any of its sub-recipients and portions of the immediately adjacent area. NC Commerce and any of its sub-recipients will be responsible for implementation and administration of the Section 3 plan. In order to implement the NC Commerce and any of its sub- recipient's policy of encouraging local residents and businesses participation in undertaking community development activities, the NC Commerce and any of its sub-recipients will follow this Section 3 plan which describes the steps to be taken to provide increased opportunities for local residents and businesses. This Section 3 Plan shall apply to services needed in connection with the grant including,but not limited to,businesses in the fields of planning, consulting, design,building construction/renovation, maintenance and repair, etc. When in need of a service,NC Commerce and any of its sub-recipients will identify suppliers, contractors or subcontractors located in the Section 3 area. Resources for this identification shall include the Minority Business Directory published through the State Department of Commerce, local directories and Small Business Administration local offices. Word of mouth recommendation shall also be used as a source. Page 1 21 Attachment 3 The State of North Carolina and any of its sub-recipients will include the Section 3 clause and this plan in all contracts executed under this Community Development Block Grant(CDBG)Program. Where necessary, listings from any agency noted above deemed shall be included as well as sources of subcontractors and suppliers. The Section 3 Plan shall be mentioned in the pre-bid meetings and preconstruction meetings. The prime contractor selected for major public works facility or public construction work will be required to submit a Section 3 Plan which will outline his/her work needs in connection with the project. Should a need exist to hire any additional personnel, the North Carolina Employment Security Commission—Orange County shall be notified and referred to the contractor. Each contract for housing rehabilitation under the program, as applicable, for jobs having contracts in excess of$100,000 shall be required to submit a Section 3 Plan. This Plan will be maintained on file in the grant office and shall be updated from time to time or as the grant staff may deem necessary. Early in our project,prior to any contracting,major purchases or hiring,we will develop a listing of jobs, supplies and contracts likely to be utilized during the project. We will then advertise the pertinent information regarding the project including all Section 3 required information. Community Investment and Assistance (CI) should be contacted with the Bid Materials to distribute the information throughout their list serve to reach out the communities. II. AFFIRMATIVE ACTIONS FOR RESIDENT AND BUSINESS PARTICIPATION NC Commerce and any of its sub-recipients will take the following steps to assure that low income residents and businesses within the community development project area and within Orange County are used whenever possible: (Describe below) • Use the HUD Section 3 Business Registry to identify qualified Section 3 businesses in Orange County • Assure that qualified businesses and Section 3 residents are solicited whenever they are potential sources of contracts, services or supplies for projects funded by Orange County's CDBG-CV program • Divide total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by businesses and residents • Establish delivery schedule,where the requirements permits,which encourages participation by area for businesses and residents Please check the methods to be used for the Section 3 program in your community: ®NC Commerce and any of its sub-recipients will place a display advertisement in the local newspaper containing the following information: i. A brief description of the project ii. A listing of jobs, contracts and supplies likely to be utilized in carrying out the project. iii. An acknowledgement that under Section 3 of Housing and Community Development Act, local residents and businesses will be utilized for jobs, contract and supplies in carrying out the project to the greatest extent feasible. Page 2 22 Attachment 3 iv. A location where individuals interested in jobs or contracts can register for consideration V. A statement that all jobs will be listed through and hiring will be done through the local office of the North Carolina Employment Security Commission; a statement that all contracts will be listed with the North Carolina Division of Purchase and Contracts; and a statement that potential employees and businesses may seek development and training assistance through various state and local agencies, or which Orange County will maintain a list for individuals and business concerns inquiring information ❑ Training and technical assistance will be provided by the local community college for low income residents requiring skills to participate in community development project activities. Referrals will be made to the community college, local Private Industry Councils, Job Training Partnership Act(29 U.S.C. 1579 (a)) (JTPA) Programs, and job training programs provided by local community action agencies as appropriate. Residents and businesses will be encouraged to participate in state and/or federal job training programs that may be offered in the area. ❑ Low income residents and businesses will be informed and educated regarding employment and procurement opportunities in the following ways: i. Advertisement in the local newspaper ii. Posting of Section 3 Plan at the County Courthouse iii. County Board meeting when project activities and schedules are discussed iv. Open meetings of Project Advisory Committee when everyone in neighborhood is invited V. Notification to other agencies that provide services to low-income people. ❑ Other(describe): NC Commerce and any of its sub-recipients will,to the greatest extent feasible,utilize lower income area residents as trainees and employees: 1. Encourage rehabilitation contractors to hire local area residents 2. Encourage public works contractors to hire local area residents NC Commerce and any of its sub-recipients will,to the greatest extent feasible,utilize businesses located in or owned in substantial part by persons residing in the area 1. Contract with local contractors to perform demolition activities, and housing rehabilitation activities. 2. Encourage public improvement contractors to hire local residents for site clearance work, hauling materials, and performing other site improvements. 3. Encourage all contractors to purchase supplies and materials from the local hardware and supply stores III. RECORDS AND REPORTS NC Commerce and any of its sub-recipients will maintain such records and accounts and furnish such information and reports as are required under the Section 3 regulations, and permit authorized Page 3 23 Attachment 3 representatives of State CDBG, and federal agencies access to books,records, and premises for purposes of investigation in connection with a grievance or to ascertain compliance with this Section 3 Plan. NC Commerce and any of its sub-recipients shall report annually the Section 3 numbers using the form HUD 60002 to State CDBG at the end of the calendar year as part of the Annual Performance Report(APR). IV. MONITORING COMPLIANCE NC Commerce and any of its sub-recipients may require each applicable contractor to provide a copy of the Section 3 Plan and will monitor compliance during the performance of the contract. Copies of all advertisements,notice, and published information will be kept to document the implementation of the plan. V. COMPLAINTS CONTACT Please provide the main contact in case that any complaint is received from the general public on Section 3 compliance (including name,phone number, address, and email): Erika Brandt,Housing and Community Development Manager Phone: 919-245-2490 Email: ebrandtkoran e� n�c..og_v Office Address: 300 W. Tryon St Hillsborough,NC 27278 Adopted this day of , 20 (Chief Elected Official) ATTEST: (Clerk) Page 4 24 Attachment 4 Orange County,NC NC CDBG-CV Grant Grant Number 20-V-3505 Equal Employment and Procurement Plan Orange County,NC maintains the policy of providing equal employment opportunities for all persons regardless of race, color, religion, sex, national origin, handicap, age, political affiliation, or any other non-merit factor, except where religion, sex, national origin, or age are bona fide occupation qualifications for employment. In furtherance of this policy, Orange County prohibits any retaliatory action of any kind taken by any employee of the locality against any other employee or applicant for employment because that person made a charge, testified, assisted or participated in any manner in a hearing, proceeding or investigation of employment discrimination. Orange County shall strive for greater utilization of all persons by identifying previously underutilized groups in the workforce, such as minorities, women, and the handicapped, and making special efforts toward their recruitment, selection, development and upward mobility and any other term, condition, or privilege of employment. Responsibility for implementing equal opportunities and affirmative action measures is hereby assigned to the County Manager and/or other persons designated by the Chief Elected Official to assist in the implementation of this policy statement. Orange County shall develop a self-evaluation mechanism to provide for periodic examination and evaluation. Periodic reports as requested on the progress of Equal Employment Opportunity and Affirmative Action will be presented to the Chief Elected Official. Orange County is committed to this policy and is aware that with its implementation, Orange County will receive positive benefits through the greater utilization and development of all its human resources. Adopted this day of , 20_. (Chief Elected Official) ATTEST: (Clerk)