Attachment A

STATEMENT OF WORK – 024-2016-5

IV-1.Objectives.

  1. General. The Department of Community and Economic Development (DCED) is seeking a contractor to provide professional services for the development of specific tools to implement the recently completed Analysis of Impediments to Fair Housing Choice (AI) and Fair Housing Plan.
  1. Specific. The Contractor shall be responsible for: (i) developing the DCED Language Access Plan using the Four Factor Analysis; (ii) developing an administration manual for DCED’s implementation of Fair Housing and Civil Rights compliance requirements, which includes Equal Opportunity, Fair Housing, Section 504, MBE/WBE, Section 3, Limited English Proficiency, and the Pennsylvania’s Human Relations Act; (iii) developing tools for DCED grantees to demonstrate compliance with Fair Housing and Civil Rights regulations; and (iv) developing and conducting three in person, on-site trainings for grantees in three locations across Pennsylvania August through September 2016.

IV-2.Nature and Scope of the Project.

The U.S. Department of Housing and Urban Development (“HUD”) requires certain entities that receive funding under various federal programs, including the HOME Investment Partnership (“HOME”), the Community Development Block Grant (“CDBG”), Emergency Solutions Grant (ESG), and Disaster Recovery (CDBG-DR), to certify that they will affirmatively further fair housing. In order to do so, such entities must undertake a variety of proactive programs and steps.

As the administrator of the federal HOME Program and the statewide CDBG, among other related programs, DCED is responsible for preparing an Analysis of Impediments ("AI") for its grantees and nonparticipating jurisdictions in the Commonwealth of Pennsylvania (the "Commonwealth"). In 2016, the Commonwealth, through DCED, completed a substantial update to its AI. With final approval pending from HUD, DCED seeks to develop tools for DCED and its grantees to carry out the AI and Fair Housing Plan (the “Plan”), while also staying in compliance with other Civil Right requirements of the programs.

In October 2015, DCED entered into a Voluntary Compliance Agreement with HUD to address areas of noncompliance identified in the areas of Fair Housing and Civil Rights. In January 2016, DCED completed the preparation of an updated AI based on the current identified parameters for states in implementing the requirements of HUD. Simultaneously, HUD proposed a new rule aimed to Affirmatively Further Fair Housing, which is expected to replace the AI with a new Assessment of Fair Housing program and tool. Although a new assessment and tool are pending for the Commonwealth in 2018, the Commonwealth and HUD funded agencies are still responsible for having an up-to-date and workable AI for their funding programs.

DCED is seeking to contract with an outside firm that is knowledgeable about fair housing and civil rights and has experience dealing with fair housing/civil rights-related issues. The Contractor shall be responsible for the development of compliance tools and activities in the areas of Fair Housing and Civil Rights, Section 504, Minority and Women Owned Business Enterprises (MBE/WBE), Section 3, Equal Employment Opportunities, and Limited English Proficiency requirements of the AI and the Plan.

Contractor must provide the following general services:

  1. Prepare Fair Housing Equal Opportunity/Civil Rights Administrative Manual addressing compliance tools for areas of Fair Housing and Civil Rights, Section 504, Minority and Women Owned Business Enterprises, Section 3, Equal Employment Opportunities, and Limited English Proficiency. This includes templates and forms necessary to meet compliance.
  2. Translate and prepare the required Notices and Resolutions that sub-grantees must use to meet their LAP requirements, so DCED may place these on their website for use in administering the various programs.
  3. Conduct four in-person trainings for DCED staff and grantees to provide resources for grantee compliance in the areas noted above and demonstrate required actions for compliance.

IV-3.Requirements.

The contractor must be available to complete work within six months of the issuance of a purchase order. Contractor shall propose, in its response, a suggested timeline for delivery of the activities of the contract (subject to DCED approval). Contractor must commence the Project immediately and demonstrate the ability to complete the Project within the allotted timeframe. Periodic updates will be required throughout the Contract period. The expected timeline for the project should be included in the proposal.

IV-4.Tasks.

Contractor shall be expected to perform the following specific services:

  1. Limited English Proficiency (24 CFR 1.6(b), 6.10(c) and 121.2; 24 CFR 8.20 and 8.24)

a)Using the US Census data specific to Pennsylvania, determine languages to be incorporated in the Language Assistance Plan (LAP), develop a written LAP for the Commonwealth program, which will include directives for sub-grantee adherence to the process. The focus of this plan will be Commonwealth wide and incorporate the CDBG, HOME and ESG program requirements. The LAP will at minimum include the following that shall include:

1)Procedures the Commonwealth will use to identify LEP persons with whom they have contact, the size of LEP populations, and the languages of the LEP population;

2)Points and types of contact the recipient may have with LEP persons;

3)Ways in which language assistance will be provided;

4)Plan for outreaching to LEP community;

5)Plan for training staff members on the LEP Guidance and the LAP;

6)List of vital documents to be translated, the languages into which they will be translated and the plan for translation and timetable for translation;

7)Plan for providing interpreters for large, medium, small and one-on-one meetings, if necessary;

8)Provisions for monitoring and updating the LAP; and

9)The delivered LAP shall be in a format suitable to transmit to HUD for its approval.

b)Develop a step-by-step manual and technical assistance for grantees completing the Four Factor Analysis for each HUD funded program and development of their individual LAPs, when required.

c)Develop templates for grantees including translated forms/documents for completing citizen participation and public outreach

As a result, the contractor shall identify specific language assistance necessary for the implementation of the CDBG, HOME, ESG and other special programs. The Language Access Plan (LAP) shall detail the minimum requirements of the Commonwealth to meet the needs of identified limited English proficient populations. This includes the translation of pertinent Notices and Resolutions used by DCED and its grantees in the various languages identified in the LAP.

d)Develop Administrative Resources

1)Develop written FHEO/Civil Rights Administrative Manual

2)Prepare an FHEO/Civil Rights administrative manual for DCED compliance staff and grant managers to guide implementation of most current regulations for grantees of CDBG, CDBG-DR, HOME, ESG, HOPWA, & NHTF programs. Specific attention should be paid to requirements for demonstration of compliance at minimum with:

  • Section 504 and required plans
  • MBE/WBE Plan
  • Section 3 Plan
  • FHEO municipal resolutions, notices and advertisements
  • Appointment of a Fair Housing Officer
  • Communication
  • Annual compliance reporting

Manual should also include examples of meaningful activities and actions for local grantees to demonstrate compliance with Fair Housing laws and DCED’s Fair Housing Plan.

3)Prepare update to DCED Fair Housing and Civil Rights policies/procedures including development of templates and forms for advertising, resolutions, notices and sub-grantee monitoring.

e)Conduct Grantee Training

1)Conduct one (1) training in Harrisburg for DCED staff in late-summer of 2016. Location to be determined by DCED. All logistics will be handled by DCED.

2)Conduct three, in-person, one-day trainings for DCED grantees in three locations across the state during the late-summer of 2016. Locations will be determined by DCED. All logistics, including training site and registration will be handled by DCED.

  • The training sessions will be divided into sections that deal with Fair Housing, Equal Opportunity, Section 504, and MBE/WBE requirements. The trainer will discuss:
  • The regulations and how it affects the various programs, including real life examples.
  • The requirements to meet compliance including education of their communities. Real life examples of activities that grantees may conduct to meet these requirements.
  • Specific Plans and the detail that must be in them
  • Documentation including presenting templates and forms the grantees may use to meet the requirements.
  • Annual reporting requirements
  • Monitoring – assessing risk. Both by DCED and their own sub-grantee monitoring.
  1. The contractor must be familiar with and understand:
  • HUD regulations and application of requirements of Title VI of the Civil Rights Act of 1964,
  • Title VIII of the Civil Rights Act of 1968 (Fair Housing Act),
  • Architectural Barriers Act of 1968,
  • Section 504 of the Rehabilitation Act of 1973,
  • Section 109 of Title 1 of the Housing and Community Development Act of 1974,
  • Section 104(b)(2) of the Housing and Community Development Act of 1974, as amended,
  • Title II of the Americans with Disabilities Act of 1990,
  • Pertinent Executive Orders, including those addressing Fair Housing and Limited English Proficient persons; and
  • The Pennsylvania Human Relations Act.
  1. The Contractor shall develop written procedures for key compliance areas:
  • Equal Opportunity
  • Fair Housing
  • Section 3
  • MBE/WBE Plan
  • Section 504 Plan
  • Demonstrating Citizen Participation, Compliance and Record keeping

IV-5.Reports and Project Control.

  1. Task Timeline. A work plan for each task that identifies the work elements of each task, the resources assigned to the task, and the time allotted to each element and the deliverable items to be produced.
  2. Status Report. A progress report covering activities, problems and recommendations shall be provided to DCED monthly by the close of the 5th business day of the following month. This report should be keyed to the work plan the Contractor developed in its proposal, as amended or approved by the Issuing Office.
  3. Final Report. Final report shall encompass a final compilation of all deliverables associated with the contract:

i)Language Access Plan

ii)Technical Assistance Manual

iii)Template Documents, Forms and Reports

iv)DCED Administrative Resource Materials:

  • Develop written FHEO/Civil Rights Administrative Manual
  • FHEO/Civil Rights administrative manual for DCED compliance staff and grant managers to guide implementation of most current regulations for grantees of CDBG, CDBG-DR, HOME, ESG, HOPWA, & NHTF programs.
  • Updated DCED Fair Housing and Civil Rights policies/procedures including development of templates and forms for advertising, resolutions, notices and sub-grantee monitoring.

v)Completion of one (1) DCED training and three (3) subgrantee trainings