Wyoming Community Development Authority (WCDA)

Wyoming Community Development Authority (WCDA) 155 N. Beech Casper, WY 82601

REQUEST FOR PROPOSAL

ASSESSMENT OF FAIR HOUSING State of Wyoming

PROPOSAL DUE DATE AND TIME March 31, 2016 --- 5:00 p.m. OPENING DATE AND TIME April 4, 2016 ----10:00 a.m.

Wyoming Community Development Authority Lesli Wright [email protected] (307) 265-0603

1 TABLE OF CONTENTS

Request for Proposal

ASSESSMENT OF FAIR HOUSING

I. General Description of RFP 3

II. RFP Procedure 3

III. General Contract Provisions 6

IV. Scope of Services 8

V. Qualifications and Selection Criteria 10

VI. Proposal Price Sheet 12

VII. Certification 13

2 This package of information is provided to assist all who are interested in submitting a proposal to the WCDA for completion of an “Assessment of Fair Housing (AFH)”. It is divided into separate sections and includes the specific information for submitting a proposal, sample contract provisions that may be in the agreement between the WCDA and the successful applicant, and a specific form for use in submitting proposals. Proposers are expected to examine the information included in this package. Failure to do so will be at the proposer's risk. The successful proposer must be able to deliver the proposal by 5:00 p.m. on March 31, 2016. The final and complete Assessment of Fair Housing is due on or before November 30, 2016. This document will be used in developing the needs and action plans for the Consolidated Plan for Housing and Community Development which is due to the office of the United States Department of Housing and Urban Development (HUD) on or before November 15, 2017.

I. GENERAL DESCRIPTION OF REQUEST FOR PROPOSALS FOR THE ASSESSMENT OF FAIR BACKGROUND INFORMATION:

HUD has published a rule consolidating the submission and reporting requirements for the four community development formula grant programs into a single plan called the Consolidated Plan for Housing and Community Development. The four formula grant programs are: Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA).

As part of the Consolidated Plan, the State of Wyoming is required to submit to HUD an Affirmatively Furthering Fair Housing (AFFH) certification which requires the State to undertake an Assessment of Fair Housing. Previously, the Consolidated Plan required the completion of an Analysis of Impediments. The last Analysis of Impediments to Fair Housing Choice was published in 2011 and is available http://www.wyomingcda.com/documents/Wyoming_2011__AI_FNL.pdf, on the WCDA website.

To insure the State of Wyoming is in compliance with its certification to Affirmatively Further Fair Housing, the Wyoming Community Development Authority is seeking a qualified consultant to prepare an "Assessment of Fair Housing".

II. REQUEST FOR PROPOSAL PROCEDURE

1. SUBMISSION OF PROPOSALS:

Sealed proposals, (one (1) original and one (1) copy) will be received via regular mail by the United States Postal Service for providing an Assessment of Fair Housing for use in connection with THE STATE OF WYOMING'S CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT, by the Wyoming Community Development Authority, 155 N. Beech, Casper, Wyoming 82601 until 5:00 p.m. March 31, 2016. The proposals will be opened publically at 10:00 a.m. on April 4, 2016 at the WCDA offices in Casper, Wyoming. The proposal must contain two envelopes. One envelope shall contain the qualifications of proposers and the second envelope the proposed price for the work to be performed. Envelopes must be clearly marked as: “Qualifications” and “Price” to allow WCDA to distinguish between envelopes. Third party participation is authorized only as a joint venture which must be clearly stated, with details, on the original proposal, signed by all parties participating.

3 1.1 No proposal will be considered which is not accompanied by the required Proposal Price Sheet and signed by the proposer’s authorized representative.

1.2 Proposals must be received via regular mail in the office of the WCDA on or before the time and date specified. Proposals received after the time specified will not be considered and will be returned unopened.

1.3 Proposal information is restricted and not publicly available until after the award of the contract by the WCDA.

2. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS:

2.1 A proposal that is in the possession of the WCDA may be modified by email to [email protected] or by letter, bearing the signature or name of the authorized person, provided it is received PRIOR to the date and time of the submission deadline. The modification should not reveal the proposal pricing but should indicate the addition, subtraction or other change. FAX, telephone or verbal alterations will not be accepted.

2.2 A proposal in the possession of the WCDA may be withdrawn by the proposer up to the time of the opening.

3. PREPARATION OF PROPOSALS:

3.1 No proposal will be considered which modifies, in any manner, any of the provisions, specifications or minimum requirements of the Request for Proposal.

3.2 In case of error in the extension of prices in the proposal, unit prices will govern.

3.3 Proposers are expected to examine special provisions, specifications, schedules and instructions included in this Request. Failure to do so will be at the proposer’s risk.

4. AWARD AND CONTRACT INFORMATION:

4.1 The WCDA hereby notifies all proposers it will affirmatively ensure that minority business enterprises and Section 3 enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the ground of age, race, color, sex, religion, national origin, or disability.

4.2 The proposer also agrees that should it be awarded a contract, it will not discriminate against any person who performs work on the contract because of age, race, color, sex, religion, national origin, or disability.

4.3 The WCDA reserves the right to reject any or all proposals, to waive any informality or technical defect in the proposals or to award the contract in whole or in part, if deemed to be in the best interest of the WCDA to do so. The WCDA intends on awarding a contract to the proposer determined by WCDA to be the most responsive and responsible offer, based on price and the Selection Criteria specified herein.

4 4.4 This Request for Proposal shall become part of the contract and will be in effect for the duration of the contract.

4.5 The successful proposer will be required to enter into and sign a written agreement with the WCDA.

DATED THIS 4th DAY OF MARCH, 2016.

WYOMING COMMUNITY DEVELOPMENT AUTHORITY LESLI WRIGHT Deputy Executive Director

5 III. GENERAL CONTRACT PROVISIONS

The following are example contract provisions which may be included in the agreement between the successful applicant (provider) and the WCDA if a contact is awarded:

1. INDEPENDENT PROVIDER

1.1 The parties hereto expressly agree and understand that the provider is not an employee or agent of the Wyoming Community Development Authority (hereinafter referred to as the WCDA) in any sense, but is solely an independent contractor.

2. INDEMNITY:

2.1 The provider shall indemnify and save the WCDA, its officers, and employees harmless from all suits, actions, or claims of any character brought because of injuries or damage received or sustained by any person, persons, or property; on account of the performance of the contract by the provider including any act or omission, neglect, or misconduct by the provider.

3. LAWS TO BE OBSERVED:

3.1 The provider shall keep fully informed on all federal and state laws, all local bylaws, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority which in any manner affect those engaged or employed by the provider in the performance of the contract, including but not limited to the Americans with Disabilities Act and Wyoming Fair Employment Practices Act. W.S. 27-9-101 et.seq. (2001).

The provider shall at all times observe and comply with all such laws, bylaws, ordinances, regulations, orders and decrees in force at the time of award. The provider shall protect and indemnify the WCDA and its representatives against any claim or liability arising from or based on the violation of any such law, bylaw, ordinance, regulation, order or decree. No extension of time or additional payment will be made for loss of time or disruption of work caused by any actions against the provider for failure to comply with these requirements.

4. TAXES:

4.1 The provider will be responsible to pay all required Federal, State, and local taxes or contributions imposed or required including Unemployment Insurance, Social Security, Income Tax, or Workers' Compensation law with respect to performance of the contract.

5. ASSIGNMENT/SUBPROVIDERS:

5.1 This contract shall not be assigned by the provider.

5.2 The provider shall not enter into any subcontracts for any of the work contemplated under this contract without prior written authorization of the WCDA.

6 6. TERMINATION OF CONTRACT:

6.1 The WCDA may, upon 24 hour written notice to the Provider, terminate this contract, in whole or in part, with or without cause. In such event, all finished documents, data, models and reports prepared under this contract shall, at the option of the WCDA, become its property upon payment for services rendered through the termination of the contract.

6.2 Should the Provider fail to comply with the provisions of the contract, payment for portions of the contract will be withheld until such time as the contract terms have been complied with. Administrative, contractual, and/or legal remedies as determined by the WCDA will be implemented if it appears the Provider has breached or defaulted on the contract.

7. CONTRACT REPRESENTATIVE:

7.1 The Provider shall appoint, by name, a representative who shall be responsible for communicating with and coordinating with WCDA in the performance of the contract. The appointed representative shall be responsible to ensure that the contract will be performed in an organized and systematic manner.

8. EXTENSION AND AMENDMENT:

8.1 This contract may be extended or amended by written mutual agreement of the parties.

9. COMPLIANCE WITH LAWS:

9.1 In performing this contract, both parties agree to comply with all applicable state, federal, and local laws, rules and regulations.

10. AUDIT:

10.1 The WCDA, or any of its duly authorized representatives, shall have access to any books, documents, papers, and records of Agency which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transactions.

11. CONFLICT OF INTEREST:

11.1 The Provider warrants that no kickbacks, gratuities, or contingency fees have been paid in connection with this contract and none has been promised contingent upon the award of this contract. Provider warrants that no one being paid pursuant to this contract is engaged in any activities which would constitute a conflict of interest with respect to the purposes of this contract.

12. OWNER OF DOCUMENTS:

12.1 It is agreed that all finished or unfinished documents, data, or reports, prepared by Provider under this contract shall be considered the property of the WCDA, and upon completion of the services to be performed, or upon termination of this contract for cause, or for the convenience of the WCDA, such documents, data, or reports, will be turned over to WCDA.

7 13. FINDINGS CONFIDENTIAL:

13.1 No report, information, data, etc., given to or prepared, or assembled by Provider under this contract, which the WCDA requests to be kept confidential, shall be made available to any individual or organization by Provider without prior written consent of the WCDA.

14. SOVEREIGN IMMUNITY:

14.1 The WCDA does not waive sovereign immunity by entering into this Contract and specifically retains immunity and all defenses available to it pursuant to Wyo. Stat. § 1-39-104(a) and all other applicable law

IV. SCOPE OF SERVICES

On July 16, 2015, HUD published a final rule on Affirmatively Furthering Fair Housing. The AFFH rule establishes a process that certain recipients of HUD funding will use to help them meet their long- standing obligations to affirmatively further fair housing. The AFFH rule creates a standardized process for fair housing planning – this process is referred to in the AFFH rule as an Assessment of Fair Housing. Given the newness of the publication of the AFFH final rule, WCDA will be relying heavily on the expertise of the successful proposer in preparation of the AFH and has an expectation the successful proposer will bring adequate capacity and subject matter expertise to ensure proper completion of the AFH.

The AFFH rule requires community participation, consultation, and coordination. The WCDA recognizes the value of community participation, local data, and local knowledge for the development of a successful Assessment of Fair Housing. WCDA Based on the AFFH Guidebook posted on the HUD Exchange website, https://www.hudexchange.info/resources/documents/AFFH-Rule-Guidebook.pdf, the proposer will be required to prepare an Assessment of Fair Housing that includes, at a minimum, the following elements:

1. An analysis of data and other information, in which the program participant will assess the following fair housing issues: a. Integration and segregation patterns and trends based on race, color, religion, sex, familial status, national origin, and disability in the jurisdiction and region; b. Racially or ethnically concentrated areas of poverty (R/ECAPs) in the jurisdiction and region; c. Significant disparities in access to opportunity for any protected class in the jurisdiction and region; and d. Disproportionate housing needs for any protected class within the jurisdiction and region.

2. The Assessment of Fair Housing will also discuss fair housing issues related to publicly supported housing; disability and access; and fair housing enforcement, outreach capacity, and resources.

3. An identification of significant contributing factors for segregation, R/ECAPs, disparities in access to opportunity, and disproportionate housing needs, including the significant contributing

8 factors that are related to publicly supported housing, disability and access issues, and fair housing enforcement, outreach capacity, and resources.

4. A prioritization of the contributing factors identified for each fair housing issue and a justification for the prioritization. In prioritizing such factors, program participants shall give highest priority to those factors that limit or deny fair housing choice of access to opportunity, or negatively impact fair housing or civil rights compliance.

5. An identification of the fair housing goals that each program participant will use to, overcome the effects of the prioritized contributing factors and related fair housing issues, including a description of how the goals relate to overcoming the contributing factor(s) and related fair housing issue(s). Each goal also will include an identification of the metrics and milestones for determining what fair housing results will be achieved and the timeframes for achieving them. For joint or regional AFHs, program participants will also specify which program participants are responsible for each goal.

The Assessment of Fair Housing will include information that will assist the WCDA in completing the assessment using HUD’s Assessment Tool, including, but not limited to, the following areas:

1. Cover Sheet

2. Executive Summary

3. Community Participation Process – Adhering to 24 CFR 91.110 at a minimum, when planning the public participation process. A draft of the Wyoming Citizen Participation will be available to the successful proposer.

4. Assessment of Past Goals and Actions

5. Fair Housing Analysis

a. Demographic Summary

b. General Issues 1. Segregation/Integration 2. Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs) 3. Disparities in Access to Opportunity 4. Disproportionate Housing Needs

c. Publicly Supported Housing Analysis

d. Disability and Access Analysis

e. Fair Housing Enforcement, Outreach Capacity, and Resources

f. Fair Housing Goals and Priorities

V. QUALIFICATIONS AND SELECTION CRITERIA:

9 All proposers will be evaluated first on the basis of qualifications contained in the first envelope by a team consisting of representatives of the WCDA.

Upon the completion of the evaluation of qualifications, the second envelope shall then be opened and prices reviewed. At the opening of the second envelope, negotiations may take place between the proposer and the members of the evaluation team. The price will be negotiable upon evaluation of the qualifications.

KEY DATES (SCHEDULE OF EVENTS):

The following schedule of events is subject to change at the sole discretion of the Wyoming Community Development Authority:

Event Description Date RFP Released March 4, 2016 Written Proposal Submission Due Date (All Vendors) March 31, 2016 – 5:00 p.m. Contract Award Date April 4, 2016 – 10:00 a.m. Expected Analysis completion date November 30, 2016

Proposers must submit documentation of qualification(s) using the Selection Criteria as listed below. This is the minimum information that needs to be submitted to demonstrate ability to meet selection criteria. Additional, more detailed information may be submitted. These qualifications shall constitute the contents of the envelope marked “Qualifications”.

The successful proposer will possess and be capable of demonstrating the following Criteria:

Criteria Points

Previous experience with the preparation 0-40 of an Assessment of Fair Housing and/or experience with preparation of Analysis of Impediments to Fair Housing Choice (AI). Experience with a Western State is highly desirable.

Submittal Information: Narrative of knowledge base surrounding the competency and subject matter expertise proposer has regarding the new AFFH rule, specifically as it relates to preparation of the AFH, and Examples of AFH or AI completed for other states and a list of all states for which the proposer has completed an AFH or AI, with

10 contact information.

Knowledge of fair housing issues and the 0-15 Assessment of Fair Housing.

Submittal Information: Narrative explaining involvement with and knowledge of the AFH and fair housing issues.

Background and experience researching and 0-15 examining state statutes relating to real estate practices, banking insurance law, fair housing, building codes and tax policy.

Submittal Information: Narrative explaining previous experience in the above areas, particularly as it relates to fair housing.

Demonstrated ability to work with banking, 0-15 real estate, and housing professionals.

Submittal Information: Narrative explaining past experience with the above types of professionals.

Ability to assign a single individual to coordinate 0-15 contact with the WCDA.

Name and resume of the individual that will be assigned to the WCDA. Please also submit an outline of how the proposer intends to work through the AFH requirements and a timeline for completion of each step of the AFH process.

The WCDA will be the sole judge with respect to the evaluation of proposals. The WDCA intends on awarding a contract to the proposer which best meets the conditions of each of the individual criteria pending an acceptable negotiated price. A list of options that the proposer suggests as a means for reducing the cost of the proposal should be included in the Proposal Price Sheet.

The WCDA reserves the right to accept or reject any or all proposals. Proposers requesting additional information may contact the WCDA, Lesli Wright Deputy Executive Director, [email protected], (307) 265-0603.

Payment under the contract shall be in one lump sum upon acceptable completion of the final Assessment of Fair Housing.

11 THIS CONTRACT SHALL BEGIN ONLY AFTER THE CONTRACT HAS BEEN EXECUTED BY THE WCDA AND THE SUCCESSFUL PROPOSER.

12 VI. PROPOSAL PRICE SHEET:

The undersigned agrees to provide an Assessment of Fair Housing to the WCDA in accordance with the Request for Proposal, and the Proposal Price Sheet.

DESCRIPTION LUMP SUM PRICE

______

1. BY SUBMISSION OF A PROPOSAL, THE PROPOSER CERTIFIES:

1.1 Prices in this proposal have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition

1.2 No attempt has been made nor will be by the proposer to induce any other person or firm to submit a proposal for the purpose of restricting competition.

1.3 The person signing this proposal certifies that he/she is authorized to represent the entity submitting this proposal and is legally responsible for the decision as to the price and supporting documentation provided as a result of the request for proposal.

1.4 Proposer will comply with all applicable Federal regulations, policies, guidelines and requirements.

1.5 Prices in this proposal have not been knowingly disclosed by the proposer to any other person or entity and will not be disclosed prior to award to any other proposer.

2. GENERAL INFORMATION:

Proposer Name Phone ( )

FAX (____)______

Mailing Address ______

City______State______ZIP ___

SSN/Employer Identification Number ______

3. OWNERSHIP AND CONTROL:

Proposer’s Legal Structure: _____Sole Proprietorship _____General Partnership _____Corporation _____Limited Partnership _____Limited Liability _____Other

13 If Proposer is a sole proprietorship, list:

Owner Name______Phone ( ___)______Mailing Address ______City______State______ZIP______SSN/Employer Identification Number______

Beginning date as owner of sole proprietorship______

Provide the names of all individuals authorized to sign for the proposer:

Name ______Title

______

VII. CERTIFICATION

I certify under penalty of perjury, that I am a responsible official (as identified above) for the business entity described above as proposer, that I have personally examined and am familiar with the information submitted in this disclosure and all attachments, and that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including criminal sanctions which can lead to imposition of a fine and/or imprisonment.

______(Name and Title) (Date)

STATE OF ______) )ss. COUNTY OF ______)

Signed and sworn to before me by ______this____day of ______2016.

Witness my hand and official seal.

SEAL ______

Notary Public

My Commission expires: