HomeMy WebLinkAboutCDBG Jewish Family Svcs - Emergency Rental Assistance Pgrm�
STAFF REPORT
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
MEETING DATE: June 25, 2020
PREPARED BY: Christopher Gerry, Management Analyst
REQUEST: Authorize the execution of a Subrecipient Agreement with the Jewish
Family Services of the Desert to operate an Emergency Rental
Assistance Program
Recommendation
By minute motion, approve the Subrecipient Agreement with the Jewish Family Services
of the Desert in an amount not to exceed $20,000 to operate an Emergency Rental
Assistance Program.
Backqround
Under the Coronavirus Aid, Relief and Economic Securities Act (CARES Act), the City of
Palm Desert received $241,144 in CDBG-CV funds through the U.S. Department of
Housing and Urban Development (HUD). The purpose of CDBG-CV funds are to prevent,
prepare for, and respond to the coronavirus pandemic. In addition, the CARES Act
provided waivers to allow for greater flexibility of statutory waivers.
On May 14, 2020, the City Council approved policy guidelines for an Emergency Rental
Assistance Program (Program). The Program will serve as an economic recovery tool for
rental properties and a safety net for low and moderate-income households financially
impacted by the coronavirus. City staff previously recommended subcontracting with a
nonprofit organization to administer the Program. Approval allowed City staff to move
forward with the development of the Program before the completion and submission of
the appropriate federal plans to HUD.
On May 27, 2020, the City released a Request for Proposal (RFP) to nonprofit
organizations interested in operating the Program. Nonprofit organizations were notified
of the opportunity through an existing outreach list and public notice published in the
newspaper. A copy of the RFP can be found as Attachment A.
On May 28, 2020, the City Council held a public hearing and approved submission of the
federal plans to HUD, including the allocation of $221,997 in CDBG and CDBG-CV funds
toward the Program. The City is awaiting approval of the federal plans in the next 30 days.
June 25, 2020 - Staff Report
Emergency Rental Assistance Program
Page2of2
By June 15, 2020, the City received two proposals from nonprofit organizations to operate
the Program. The nonprofit organizations providing proposals include the Jewish Family
Services of the Desert and the Coachella Valley Rescue Mission. Of the two applications,
City staff recommends entering into a Subrecipient Agreement with the Jewish Family
Services of the Desert (JFSD). This nonprofit organization displayed substantial
experience in providing case management and direct financial assistance, and offered
the most dedicated staffing hours to the Program. JFSD's proposal and the draft
Subrecipient Agreement can be found as Attachment B and C, respectively.
Fiscal Analvsis
There is no fiscal impact associated with this request.
LEGAL REVIEW
RWfif
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Robert W. Hargreaves Lauri Aylaian
City Attorney City Manager
City Manager Lauri Aylaian: �
Attachments
DEPT. REVIEW
FINANCIAL REVIEW
�ecwGl ?�% ?'%Too2G
Janet Moore
Director of Finance
ASSISTANT
CITY MANAGER
N/A
Andy Firestine
Assistant City Manager
A. Request for Proposal
B. Proposal from Jewish Family Services of the Desert
C. Draft Subrecipient Agreement
ATTACHMENT A
CITY OF PALM DESERT 1
City of Palm Desert
Request for Proposal (RFP) for an
Emergency Rental Assistance Program
RFP Release: May 27, 2020
RFP Response Deadline: June 15, 2020
(By 5:00 p.m.)
RFP Decision: June 22, 2020
For questions regarding this RFP, please contact:
Palm Desert City Hall
74510 Fred Waring Drive
Palm Desert, CA 92260
760-776-6335
cgerry@cityofpalmdesert.org
CITY OF PALM DESERT REQUEST FOR PROPOSAL
2
Table of Contents
1. Introduction 3
2. Program Overview and Objectives 3
2.1. Roles and Responsibilities 3
3. Eligibility 6
3.1. Households 6
3.2. Rental Properties 7
3.3. Rental Assistance 7
4. Proposal Requirements 7
5. Submittal Requirements 9
5.1. Estimated Timeline 9
5.2. Proposal Format and Directions 9
6. Reservation of Rights 10
Attachments
A. Policy Guidelines
B. Program Process Map
C. Supporting Documentation
D. 2020 HUD Household Income Requirements
E. Subrecipient Agreement
CITY OF PALM DESERT REQUEST FOR PROPOSAL
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1. Introduction
Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), entitlement
jurisdictions through the U.S. Department of Housing and Urban Development (HUD) will
receive special allocations of funds (CDBG-CV) to prevent, prepare for, and respond to
the coronavirus. The CARES Act also includes statutory waivers for program flexibility.
As a result, the City of Palm Desert (City) seeks a qualified nonprofit organization
(Subrecipient) in this Request For Proposal (RFP) to manage an Emergency Rental
Assistance Program (Program) for low and moderate-income households impacted by
the coronavirus pandemic. The Program serves as a homelessness prevention safety net
for residents and an economic recovery tool for rental properties.
The City is budgeting $250,000 toward the Program, including case management and
emergency rental assistance (i.e., rental arrears). If there is an increase in funding in the
future, the City may request amending the Subrecipient Agreement to extend the term
and/or provide for additional services. Furthermore, the Program is anticipated to serve
40 to 50 eligible households with emergency rental assistance in arrears since April 2020
and beyond. The Program is anticipated to operate 90 to 120 days.
2. Program Overview and Objectives
Because of the coronavirus pandemic, numerous households throughout Palm Desert
have faced financial hardships due to a loss of income. Consequently, many households
have found it difficult to pay rent from April 2020 and beyond. Research of seven market-
rate rental properties (approximately 1,100 units) in Palm Desert indicated that 18% of
households have been unable to pay the full amount of rent for April and May 2020.
On May 14, 2020, the Palm Desert City Council approved Program policy guidelines
(Attachment A). The City anticipates taking a proactive approach and having a
collaborative relationship with the selected Subrecipient to execute the Program in an
expeditious manner. A process map of the Program can be found as Attachment B.
2.1. Roles and Responsibilities
In order for the Program to be successful, multiple stakeholders are required to
have specific roles and take certain responsibilities. Therefore, those roles and
responsibilities shall include, but not limited to, the following activities:
2.1.1. City of Palm Desert
The City is ultimately responsible as the lead agency to ensure the
adherence of all federal requirements, including within the CARES Act.
Furthermore, the City desires to expend these funds in an expeditious
CITY OF PALM DESERT REQUEST FOR PROPOSAL
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manner in order to serve eligible households in need of assistance now.
Some of the City’s roles include, but are not limited to:
2.1.1.1. Develop and receive applications from market-rate rental
properties interested in opting in to the Program.
2.1.1.2. Review applications and determine the market-rate rental
properties that will receive an allocation of funds for emergency
rental assistance (note this role allocates funds per property
based on certain criteria, not per household).
2.1.1.3. Select and work collaboratively with the Subrecipient to
manage the Program, and ensure the adherence to all federal
requirements, including within the CARES Act.
2.1.1.4. Issue payments to rental properties on behalf of eligible
households based upon the recommendations provided by the
Subrecipient and in accordance with the established or
approved payment protocol. The City may advance funds to the
Subrecipient in order to issue payments (to be determined).
2.1.1.5. Conduct onsite monitoring of the Subrecipient to ensure
adherence to all federal requirements, including within the
CARES Act, and to close out the Program.
2.1.2. Rental Properties
As businesses within the community, rental properties have been
impacted by the coronavirus pandemic. Households have remained stably
housed due to a moratorium on evictions, but the respective moratorium
ends on May 31, 2020. The City recognizes the moratorium is a fluid
situation. While the moratorium is beneficial for households, rental
properties are losing revenue through missed and delayed payments,
regardless of other subsidies provided within the CARES Act. Rental
properties will likely continue to lose revenue after the moratorium and
until experiencing economic recovery. Therefore, the Program was
partially developed as an economic development tool.
Rental properties are expected to take an active role in the Program. Some
of the rental properties’ roles include, but are not limited to:
2.1.2.1. Opt-in (via application) for households to be eligible to apply for
the Program; this process will be managed by the City, not the
Subrecipient.
CITY OF PALM DESERT REQUEST FOR PROPOSAL
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2.1.2.2. If applying and receiving an allocation of funds from the City, the
rental property will advertise the opportunity for emergency
rental assistance to all households delinquent on rent
payment(s).
2.1.2.3. Assist the Subrecipient and eligible participating household(s)
with identifying and obtaining the appropriate documentation
for emergency rental assistance.
2.1.2.4. Waive any late fees for delinquent rent payment(s) for eligible
participating household(s).
2.1.3. Households
As previously mentioned, research indicates that 18% of households from
sampled market-rate rental properties in Palm Desert have been unable to
pay the full amount of rent for April and May 2020. Because of the
coronavirus pandemic, there is an increase in demand for rental assistance
exceeding the amount available funds. Some of the households’ roles
include, but are not limited to:
2.1.3.1. Apply directly to the Subrecipient for emergency rental
assistance by the deadline (date to be determined).
2.1.3.2. If selected for emergency rental assistance, work collaboratively
with the Subrecipient and rental property, and provides the
appropriate supporting documentation (Attachment C) in a
timely manner (as determined by the Subrecipient).
2.1.3.3. Consider referrals for supportive services to ensure the eligible
participating household remains stabilized housed in the future.
2.1.4. Subrecipient
The Subrecipient serves as the critical nexus between the City and all
stakeholders. Although the City will work collaboratively with the
Subrecipient, there is an expectation that the Subrecipient will address
nearly all questions and requests for information from stakeholders. Some
of the Subrecipient’s roles include, but are not limited to:
2.1.4.1. Enter into a Subrecipient Agreement (Attachment E) with the
City, which includes adherence to all federal requirements.
CITY OF PALM DESERT REQUEST FOR PROPOSAL
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2.1.4.2. Verify and document selected rental properties advertised the
opportunity for emergency rental assistance to all households
delinquent on rent payment(s).
2.1.4.3. Receive emergency rental assistance applications from
households of selected rental properties by the deadline (date
to be determined).
2.1.4.4. Make funding recommendations per eligible household to the
City for administrative approval.
2.1.4.5. Process emergency rental assistance payments for eligible
participating households and rental properties (one-time
payments must go directly to the rental property and not the
household).
2.1.4.6. Obtain the appropriate supporting documentation from eligible
participating households and rental properties.
2.1.4.7. Offer referrals for supportive services to ensure the eligible
participating households remain stabilized housed in the future.
2.1.4.8. Answer nearly all questions and requests for information from
rental properties and households during all stages of the
Program.
2.1.4.9. Work collaboratively with the City during onsite monitoring to
ensure adherence to all federal requirements, including within
the CARES Act, and to close out the Program.
3. Eligibility
3.1. Households
Eligible households must meet all of the following qualifying criteria:
3.1.1. Earn less than 80% percent of the area median income (Attachment D).
3.1.2. Experience loss of income directly related to the coronavirus.
3.1.3. Delinquent on rent payment, including partial payments, for April 2020
and/or beyond.
3.1.4. Reside within a rental property that has opted into the Program.
CITY OF PALM DESERT REQUEST FOR PROPOSAL
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3.1.5. No rental property eviction existed or was filed prior to March 19, 2020.
3.2. Rental Properties
Eligible rental properties must meet all of the following qualifying criteria:
3.2.1. Located within the jurisdictional limits of Palm Desert.
3.2.2. Own and operate any market-rate rental unit, including a single-family
residence and an accessory dwelling unit.
3.2.3. Advertise the opportunity for emergency rental assistance to all
households delinquent on rent payment(s) for April 2020 and/or beyond.
3.2.4. Assist eligible participating households with obtaining the appropriate
documentation for emergency rental assistance.
3.2.5. Waive late fees for delinquent rent payment(s) for eligible participating
household(s) selected for emergency rental assistance.
3.3. Rental Assistance
Costs include up to $5,000 per eligible participating household for rental arrears
for April 2020 and/or beyond. Rental arrears cannot exceed a maximum three
consecutive months. Amounts per eligible participating household will be
recommended by the Subrecipient to the City, and may exceed the amount on a
case-by-case basis and subject to available funds. Utilities arrears are ineligible.
4. Proposal Requirements
As previously mentioned, the City seeks a Subrecipient, i.e., qualified nonprofit
organization, to manage an Emergency Rental Assistance Program for low and moderate-
income households impacted by the coronavirus pandemic.
The Program aims to maintain housing stability of Palm Desert households by collecting
and vetting rental assistance applications to evaluate financial need; connecting eligible
participating households to supportive services; and providing any additional resources
to support stable housing.
The City anticipates the selected Subrecipient will have experience in working with low
and moderate-income households; providing a combination of case management and
supportive services; possessing knowledge of rental assistance programs (preferably
experience) and adhering to federal requirements, specifically in the CDBG Program. The
Subrecipient is encouraged to review the Subrecipient Agreement in advance to ensure
CITY OF PALM DESERT REQUEST FOR PROPOSAL
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the ability to meet all federal requirements. Interested Subrecipients shall submit a
proposal that includes the information, as follows:
4.1. Transmittal Letter. Include a signed (scanned) letter of transmittal stating the
Subrecipient’s understanding of the Program; committing to operate the Pilot
Program within the time period; and outlining why the Subrecipient believes itself
to be most qualified to implement the Program.
4.2. Case Management. Describe the Subrecipient’s experience in providing case
management services, specifically to low and moderate-income households.
Furthermore, describe the Subrecipient’s experience in providing rental
assistance programs, if applicable.
4.3. Federal Contracts. Describe the Subrecipient’s experience in receiving and
administrating contracts utilizing federal funds, specifically the CDBG Program
funds.
4.4. Supportive Services. Describe the Subrecipient’s experience in providing
supportive services to low and moderate-income households. In addition, provide
examples of what agencies and supportive services the Subrecipient may intend
on utilizing throughout the Program.
4.5. Program Staffing and Management. Describe Program staffing, including any
information available that indicates the experience of the proposed personnel that
will work in the Program. In addition, describe the Subrecipient’s internal controls
or management of the proposed personnel.
4.6. Organizational Capacity. Describe the Subrecipient’s organizational capacity by
identifying the amount of personnel in the organization (in terms of full-time
equivalents), and the total budget for the current fiscal year.
4.7. Cost. Indicate the costs specifically to manage the program, excluding costs for
emergency rental assistance payments. Include the projected staffing hours
(weekly), hourly rates and fringe benefits, supplies, and any other operational
costs to manage the Program. Include a total not-to-exceed amount as well.
4.8. Schedule. The City anticipates the Program can be completed in 90 to 120 days
following the execution of the Subrecipient Agreement. If the timeline does not
seem appropriate, indicate a recommended revised timeline (in days).
4.9. Policy Guidelines and/or Subrecipient Agreement Deviation. Indicate if there
are any exceptions and/or recommended practices that deviate from the policy
guidelines and/or Subrecipient Agreement.
CITY OF PALM DESERT REQUEST FOR PROPOSAL
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5. Submittal Requirements
The Subrecipient shall submit an electronic proposal to the email address below no later
than the indicated date and time. Upon submission, applicants will receive an electronic
confirmation within one business day. If you do not receive confirmation, please contact
City staff below immediately.
If you have questions regarding eligibility or the application process, please contact
Christopher Gerry, Management Analyst, by calling (760) 776-6335 or emailing
cgerry@cityofpalmdesert.org. Submit proposals to this email address as well.
Questions will be attempted to be addressed within 24 hours of submission.
5.1. Estimated Timeline
An estimated timeline for this RFP includes:
5.1.1. RFP Release: May 27, 2020
5.1.2. RFP Response Deadline: June 15, 2020 (by 5:00 p.m.)
5.1.3. RFP Decision: June 22, 2020
5.2. Proposal Directions and Format
The Subrecipient is required to submit a proposal that addresses in chronological
order the Proposal Requirements (Section 4) identified in Section 4.1 through
Section 4.9. Use the same titles of each of the respective sections in the proposal.
In addition, the Subrecipient shall use the format, as follows:
5.2.1. Length: Not exceed five pages, excluding the transmittal letter.
5.2.2. Font Type: Ariel, Calibri, Century Gothic or Cambria.
5.2.3. Font Size: 11 or 12 point font.
5.2.4. Margins: 1-inch margins.
Failure to provide all required submittals in completed form may result in a non-responsive
proposal and given no consideration. Proposals must be neat, complete, and fully address
the information requested in Section 4 (Sections 4.1. through 4.9.).
CITY OF PALM DESERT REQUEST FOR PROPOSAL
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6. Reservation of Rights
The City reserves the right to accept or reject any or all proposals or portions thereof
without stated cause. The City reserves the right to amend, cancel or re-issue the RFP.
Upon selection of a finalist(s), the City by its proper officials shall attempt to negotiate
and reach a final agreement with the finalist(s). If the City, for any reason is unable to
reach a final agreement with this finalist(s), the City then reserves the right to reject such
finalist and negotiate a final agreement with another finalist(s) who has the next most
viable proposal.
The City may accept the proposal that demonstrates the best ability to meet the needs of
the City. The City reserves the right to waive any formalities, defects, or irregularities, in
any proposal, response, and/or submittal where the acceptance, rejection or waiving of
such is in the best interests of the City. The City reserves the right to disqualify any
proposal, before or after opening, upon evidence of collusion, intent to defraud, or any
other illegal practice on the part of the Subrecipient.
CITY OF PALM DESERT REQUEST FOR PROPOSAL
Attachment A
Policy Guidelines
City of Palm Desert
Community Development Block Grant (CDBG)
Emergency Rental Assistance Program
Policy Guidelines
The City will subcontract with a nonprofit organization (Subrecipient) to provide an Emergency
Rental Assistance Program (Program) to eligible households living in selected rental properties
located in Palm Desert. The Program serves as a homelessness prevention safety net for residents
and an economic recovery tool for rental properties.
1. Eligible Costs
Costs include up to $5,000 per eligible household for rental arrears for April 2020 and/or beyond.
Rental arrears cannot exceed a maximum three consecutive months. Amounts per eligible
participating household will be recommended by the Subrecipient to the City, and may exceed the
amount on a case-by-case basis and subject to available funds. Utilities arrears are ineligible.
2. Eligible Households
Households shall meet all of the following qualifying criteria:
Earn less than 80% percent of the area median income.
Experience loss of income directly related to the coronavirus.
Delinquent on rent payment, including partial payments, for April 2020 and/or beyond.
Reside within a rental property that has opted into the Program.
No rental property eviction existed or was filed prior to March 19, 2020.
3. Eligible Rental Properties
Rental properties shall meet all of the following qualifying criteria:
Located within the jurisdictional limits of Palm Desert.
Own and operate any market-rate rental unit, including a single-family residence and an
accessory dwelling unit.
Advertise the opportunity for emergency rental assistance to all households delinquent on rent
payment(s) for April 2020 and/or beyond.
Assist eligible participating households with obtaining the appropriate documentation for
emergency rental assistance.
Waive late fees for delinquent rent payment(s) for eligible participating household(s) selected
for emergency rental assistance.
4. Prioritization
The City will take a strategic approach to identify and set-aside funds equitably to rental properties
based upon specific criteria (e.g., household income, geography and percentage of households late
on payments). In turn, the respective rental properties will work with the Subrecipient to offer all
households delinquent on rent payment(s) an opportunity to apply for emergency rental assistance.
CITY OF PALM DESERT REQUEST FOR PROPOSAL
Attachment B
Program Process Map
Attachment B
Program Process Map
Below is an overview of the prioritization process for rental properties and households.
Subrecipient Qualifies Households of Rental Property for Emergency Rental Assistance
If yes, then Subrecipient works with rental property &
household on obtaining supporting documentation
If not, then the Subrecipient did not idenitfy any households
that met the qualifiying criteria
Rental Property Assists with Advertising the Emergency Rental Assistance Program to Eligible Households
If yes, then the Subrecipient receives all applications from
the households during an application period
If not, then the City reserves the right to rescind the
allocation of CDBG funds.
City CDBG-CV Fund Set-Aside on a Rental Property Basis
If yes, then proceed to the next step If not, the City may contact the rental property in the future
if receiving more CDBG-CV funds to contine the Program
City Requests Rental Properties to apply for the Program
If yes, then the rental property must complete an
application (proceed to next step)
If not, the City may contact the rental property in the future
if receiving more CDBG-CV funds to contine the Program
CITY OF PALM DESERT REQUEST FOR PROPOSAL
Attachment C
Supporting Documentation
Attachment C
Supporting Documentation
Supporting documentation will be required from each eligible household for emergency
rental assistance. The exact documentation will be determined in the future. Examples of
support documentation can be found below.
Application request for emergency rental assistance.
California driver’s license or identification.
Lease agreement.
Proof of household income.
Proof of loss of income due to the coronavirus (e.g., employment termination letter).
Proof of total household income (e.g., unemployment, bank statements).
Proof of delinquent rent payment (e.g., late notice).
Invoice from rental property requesting payment for emergency rental assistance.
Certification form as acceptance of emergency rental assistance.
Proof of payment from rental property (e.g., cashed check).
CITY OF PALM DESERT REQUEST FOR PROPOSAL
Attachment D
2020 HUD Household Income Requirements
Attachment D
HUD 2020 Household Income Eligibility Requirements
In order to be eligible for emergency rental assistance, a household shall meet the income
requirements determined by the U.S. Department of Housing and Urban Development. The
household income cannot exceed the maximum 80% area median income limits below.
Household Size
Income Limits (2020)
1
$42,200
2
$48,200
3
$54,250
4
$60,250
5
$65,100
6
$69,900
7
$74,750
8
$79,550
ATTACHMENT B
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June 15, 2020
AtCn: ChrisCopher Gerrq
City of Palm Desert
74510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mr. Gerry:
On behalf of Jewish Family Service of the Desert (JFS), please accept this proposal for
submission to Yhe City of Palm Desert's Emergency RentalAssistance Program. JFS requests
your consideration of a$16,511 grant (not to exceed $20,000) Yo manage a case
management �.nd emergency assist�nce program for appro�mately 50 Palm DeserY
families impacted by the COVID-19 pandemic. Program componenCs include emergeney
rental assisTance and referrals to other supporYive services in the community to support
immeciiate and long-term housing stability. City of Palm Desert funds will be used to
provide emergency rental assistance to eligible households earning less than 80% of the
area median income and living in eligible rental properties, in accordance with other stated
qualifying criYeri2 within the pilot period of 120 days,
Established in 1982, JFS is a nonsectarian, nonprofit organization that provides case
management, mental health counseling, and social services to Co�chella ValLey residents
with low- to moderate-incomes. In response to the COVID-19 pandemiq JFS drastically
redesigned its functions Co observe shelYer-in-place orders while ensuring that clients
could still receive critical services. Beginning in mid-March, both case management and
mental health services were provided via Y�lecare. Demonstrating its fervent commitment
to meeting the enhanced needs of its vulnerable clients, JFS will continue offering Yelecare,
as needed, once its offices reopen on JuLy 1.
Should you have any questions abouC Che application or the program, Executive Director
Kraig Johnson can be reached at (760) 325-4088, ext.101, or kjohnson@jfsdesert.org. We
sincerely appreciate your consideration and welcome the opportunity to partner with the
City of Palm Desert to provide a homelessness prevention safety net for residents and
support economic recovery for rental property owners.
Sincerely,
/� —
Kr�gJohnson
Executive Director
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Jewish Family Service of the Desert
City of Palm Desert - Emergency Rental Assistance Program
Case Management. Describe the Subrecipient's experience in providing case management
services, specifically to low and moderate-income households. Furthermore, describe the
Subrecipient's experience in providing rental assistance programs, if applicable.
Since 1999, Jewish Family Service of the Desert QFS) has provided case management
services to seniors ages 55 and older, with direct financial assistance, including rental
assistance, beginning around 15 years ago. In early 2019, in response to the federal
government shutdown, JFS expanded its case management program to include people of all
ages. Currently, JFS primarily serves seniors living on fixed incomes, adults earning low
wages in service industry and agricultural jobs, and individuals at-risk of homelessness.
Prior to the COVID-19 crisis, many of JFS's clients were precariously housed, meaning that
one unexpected bill could lead to their inability to pay rent or utilities and they could face
eviction, a situation made more dire due to the pandemic's financial implications. To meet
these enhanced needs, JFS transitioned to telecare on March 13, 2020, and has successfully
responded to an 82% increase in requests for case management assistance in April.
In FY 2018-19, JFS served 2,915 Coachella Valley residents across all programs, including
1,223 case management clients, representing a 9% program increase from the previous
year—and a 20% increase in services provided. Of those provided with case management,
90% were from low and moderate income households and 489 clients received emergency
financial assistance-314 (64%) were seniors age 55 or older and 175 (36%) were
younger than 55—and 108 (22%) clients received rental assistance. Regarding rental
assistance, JFS case managers have experience communicating with and making direct
payments to landlords and advocating for clients facing eviction, something that will be
important when COIVD-19 related eviction moratoriums are lifted. Historically,
approximately 10% of JFS case management clients are residents of Palm Desert.
Irrespective of this proposal, JFS anticipates that the case management program will serve
at least 1,348 clients in FY20-21, with an estimated 555 clients receiving financial
emergency assistance and 123 of those being for rental assistance. Of those who receive
emergency assistance, 70% will report their immediate emergency crisis situation has been
resolved, 70% will report improved financial stability, and 60% will report an increase in
quality of life.
Federal Contracts. Describe the Subrecipient's experience in receiving and administrating
contracts utilizing federal funds, specifically the CDBG Program funds.
JFS has been receiving and administrating contracts utilizing federal funds since 2015,
including Emergency Food and Shelter National Board Program (EFSP) funds through the
U.S. Department of Homeland Security's Federal Emergency Management Agency
(DHS/FEMA) and Community Development Block Grant (CDBG) funds through the U.S.
Department of Housing and Urban Development (HUD). City of Palm Springs has
contracted with JFS for the administration of CDBG funds for the past five consecutive
years, in the amounts of $15,000 annually in FY2015-16, FY2016-17, and FY2018-19 and
$25,523 in FY-2019-20. These funds were specifically to be used for emergency financial
support for residents of the Coachella Valley, with half the funds designated for Palm
Springs residents and the other half made available Valley-wide. Expected numbers of
unduplicated clients and client services have been surpassed each year, and the City of
Palm Springs is currently considering provision of CDBG funds to JFS despite their financial
concerns. They understand the importance of emergency financial assistance for residents
and are making funds available even during these tough economic times. Further, JFS
reporting associated with reimbursement of CDBG funding has never been returned or
questioned. A separate proposal for CDBG funds via Riverside County is currently pending.
Supportive Services. Describe the Subrecipient's experience in providing supportive services
to low and moderate-income households. ln addition, provide examples of what agencies and
supportive services the Subrecipient may intend on utilizing throughout the Program.
Historically, 96% of JFS's clients have been from low to moderate income households. JFS
case management program offerings include emergency financial assistance for necessities
such as rent, utilities, medication, dental payments, and food expenses; transportation
services for seniors QFS Express); socialization programs to reduce isolation; and client
advocacy services, coordinating intervention with other assistance agencies, such as Social
Security and Adult Protective Services. Three case managers collaborate with property
managers, to advocate on behalf of clients who are facing evictions or other actions, and
with providers of goods and utilities to, for instance, have a client's bill reduced or even
eliminated. The case management process includes an assessment, service plan, and
follow-up.
JFS also relies on an extensive network of partners and collaborators, providing referrals
for linkages to supportive services. Case management services include connection to
available support—such as the California Employment Development Department (EDD),
CalFresh, and Medi-Cal—and provide assistance navigating the complex low-income
housing and Section 8 applications processes. Case managers collaborate with other
providers of support (e.g., Lift to Rise, United Way of the Desert, Catholic Charities,
Salvation Army, Riverside County Office on Aging, Senior Advocates of the Desert, and
Community Action Partnership of Riverside Count) to offer higher levels of, for instance,
financial support than would be otherwise available through any one agency. The
Community Outreach Manager coordinates the local Senior Collaborative, comprised of
agencies such as local senior centers, lnland Counties Legal Services, Well in the Desert,
Martha's Village & Kitchen, Coachella Valley Rescue Mission, Elder Love USA, the Galilee
Center, and Desert Healthcare District. Referrals are often made to or through these
agencies and others.
Program Staffing and Management. Describe Program staffing, including any information
available that indicates the experience of the proposed personnel that will work in the
Program. In addition, describe the Subrecipient's internal contro(s or management of the
proposed personnel.
2
When the case management program expanded to support non-seniors in early 2019, JFS
increased staffing by L5 FTE, but the need has continued to increase as a result of the
financial fallout from COVID-19. Additionally, to observe shelter-in-place orders, on March
13, JFS began converting its programs, including case management, to telecare. In April
2020, JFS case managers served 178 unduplicated clients, an 82% increase over April 2019.
JFS is dedicated to meeting the community's need for its critical services, and will reopen
its offices, in accordance with the Governor's reopening safety plan, on July 1. Teleservices
will continue to be offered, as needed.
Primary case management program staff includes:
(1) Lisa Schmid, Case Manager with JFS for 18+ years;
(2) Wendy Leon-Johnson, MFTI, with more than 2 years of case management experience;
and (3) Mirella Orozco, Case Manager with more than 1 year of case management
experience.
The program is overseen by Executive Director, Kraig Johnson, who brings over 16 years of
nonprofit leadership experience to the role. Prior to joining JFS, he was a Program Director
for Stars Behavioral Health Group, focusing on the provision of inental health services for
transitional-age youth in Riverside County, and he was the Co-Chair of Riverside County's
TAY Collaborative and a Board member of the Coachella Valley Health Consortium. He has
extensive experience in program development and authoring grant requests. He is
currently a Steering Committee member for the Coachella Valley Resource Collaborative.
JFS case managers conduct a thorough screening of all emergency requests, obtain the
required documentation (including items in this RFP's Attachment C), and verify
income/need. Note that for its current process, JFS requires an application request, a
California driver's license or identification, the lease agreement, proof of delinquent rent
payment, and lastly, when requested by property management, a certification form as
acceptance of emergency rental assistance. JFS's Executive Director reviews all requests for
emergency assistance; once need has been determined and all other means of financial
assistance have been exhausted, the Executive Director will approve the request. Then case
managers coordinate services with landlords, utility companies, and other vendors to pay
bills directly. JFS follows up with clients to make sure services have been provided by
vendors and emergency situations have been resolved.
JFS gathers both quantitative and qualitative data for its case management program. The
number of unduplicated case management clients, number of services, and the amount of
emergency financial assistance provided are tracked, and program evaluation is based on a
survey provided to clients. Case management clients are asked four questions immediately
after the conclusion of services: Do you have a greater understanding of available
community resources? Are you now more financially stable? Have these services improved
your quality of life? Would you recommend JFS services to others? Case management
clients are also called within three months of the end of service and asked if their
conditions are stable or if additional support is needed. JFS has recently created an
evaluation tool that will provide estimated financial benefits stemming from JFS services,
3
allowing for the quantification of impact. Preliminary results will be available in August
2020.
Organizational Capacity. Describe the Subrecipient's organizational capacity by identifying
the amount of personnel in the organization (in terms of full-time equivalents), and the total
budget for the current fiscal year.
JFS employs 24 individuals with a full-time equivalent (FTE) of 18.4. Current staff position
include Executive Director; Clinical Director; Director of Finance, HR & Accounting;
Director of Major Gifts & Fundraising; Director of IT and Operations; Front Desk
Coordinator; and Accounting Assistant. Current personnel is comprised of credentialed
care managers, an intake coordinator, licensed clinical social workers, licensed marriage
and family therapists, master's level associate counselors, a National Association of
Professional Geriatric Care Managers (NAPGCM), and a records desk coordinator. Seven (7)
bilingual staff inembers are available to assist Spanish-speaking clients.
The total operating budget for July 1, 2019 - June 30, 2020 (FY2019-20) is $1,922,368 and
the projected budget for FY2020-21 is 1,980,040.
Cost. Indicate the costs specifically to manage the program, excluding costs for emergency
rental assistance payments. /nclude the projected staffing hours (weekly), hourly rates and
fringe benefits, supplies, and any other operational costs to manage the Program. lnclude a
total not-to-exceed amount as well.
Excluding emergency rental assistance payments, JFS estimates the total cost to manage
the proposed case management program at $16,511—not to exceed $20,000.
While time per client varies based on complexity, the following estimates are based on 3
hours per 50 clients (150 hours), or approximately 9 hours per week for 17 weeks.
Personnel
Salaries & Wages
Case management staff (average $21 per hour)
• Management and program support
Fringe Benefits
Consultants & Contract Services
Subtotal
Non-nersonnel
Space Costs
Rental, Lease, Purchase Equip.
Consumable Supplies
Travel
$3,150
$6,280
$2,640
$0
$12,070
$1,550
$230
$140
$100
L'�
Telephone $100
Serve/Program Delivery Cost (Electronic Health Records) $260
Other Costs $560
Indirect Expenses (10%)
Subtotal $2,940
$1,501
Total $16,511
Schedule. The City anticipates the Program can be completed in 90 to 120 days following the
execution of the SubrecipientAgreement. If the timeline does not seem appropriate, indicate a
recommended revised timeline (in days).
JFS anticipates that the proposed project could be competed within 120 days.
Policy Guidelines and/or SubrecipientAgreement Deviation. Indicate if there are any
exceptions and/or recommended practices that deviate from the policy guidelines and/or
SubrecipientAgreement.
No exceptions or practices that deviate from policy guidelines are recommended.
ATTACHMENT C
Community Development Block Grant Program
Subrecipient Agreement No.
DUNS # CAGE CODE:
This Subrecipient Agreement is made June 25, 2020, by and between the City of
Palm Desert (Grantee) and the Jewish Family Services of the Desert (Subrecipient).
Recitals
WHEREAS, Grantee is an entitlement jurisdiction with the U.S. Department of
Housing and Urban Development (HUD) for purposes of receiving Community
Development Block Grant (CDBG) funds, to assist and undertake essential community
development and housing assistance activities pursuant to the Housing and Community
Development Act of 1974; and
WHEREAS, with the approval of Grantee and HUD, a portion of its allocation has
been awarded to Subrecipient in the amount not to exceed $20,000.00 to be used for the
Emerqencv Rental Assistance Proqram; and
WHEREAS, clients benefit from the services provided by Subrecipient, and at least
51 percent of those benefiting from the services must qualify as low and moderate-income
persons; and
THEREFORE, IT IS AGREED:
1. TERM. The term of this Agreement for the activity shall be made for a period
commencing Ju1v 1, 2020, and ending June 30, 2021, unless an extension for
funding is approved by the City Manager or designee.
2. SCOPE OF SERVICES.
A. ACTIVITY DESCRIPTION. Subrecipient will be responsible for administering a
CDBG funded activity titled Emerqencv Rental Assistance Proqram in a
manner satisfactory to Grantee and consistent with any standards required as
a condition of providing these funds. Such program will include the following
activities eligible under the CDBG Program:
Activity:
Who Will Be Served
Emerqency Rental Assistance Proqram
Palm Desert Households (see policv quidelines)
Location of Services: 490 South Farrell Dr., Palm Sprinqs, CA 92262
B. NATIONAL OBJECTIVE. Activities funded with CDBG funds must meet one of
the Program's National Objectives (Title 24, Part 570, Sections 570.200(a)(2)
and (3), 570.208(a)-(d), and 570.506):
a. � Benefit low and moderate-income persons
b. ❑ Aid in the prevention or elimination of slums or bliqht
c. ❑ Meet communitv development needs havinq a particular urqencv
All househo/ds served by Subrecipient must be /ow and moderate-income.
C. PERFORMANCE MEASURES. Estimated amount served during the term:
a. Amount served: 50 households
D. PERFORMANCE MONITORING. Grantee as a HUD recipient is responsible
for monitoring all Subrecipients as outlined below:
a. Does activity meet CDBG National Objective identified
b. Conformance with Agreement
c. Record-keeping system (570.506)
d. Financial management system (84.21.-28 — nonprofit)
e. Insurance
f. Procurement
g. Equipment and real property
h. Non-discrimination and actions to further fair housing
i. Conclusion and follow-up of monitoring
3. REPORTING AND PAYMENT PROCEDURES.
A. REPORTING. Per 570.502 and 570.507, Subrecipient agrees to submit the
Self Certification Forms (if applicable) and Direct Benefit Activity Reports for
duplicated and unduplicated clients to the Grantee on a monthly basis from Julv
1, 2020, to June 30, 2021. In addition, Subrecipient shall report the following
narrative and statistical information through the Quarterly and Annual Report
Forms. Information such as: amount of persons assisted (by age, gender,
senior 62 years of age or older, race, income level, head of household, how
many in family, services provided, etc.); amount of people that will be provided
with new or improved access to services and/or facilities, the number of beds
created (homeless or rehabilitation facilities), if applicable. (Data collection
examples: case manager logs, sign-in sheet, tracking logs, client intake forms,
scan card system, or other systems designed to obtained information.) Public
facilities improvements or construction projects will require the above
information pertaining to the participation in the organization's overall
program(s), and once the project is completed, data pertaining specifically to
that facility will be reported under the Annual Follow-up Report. Subrecipient
may be required to submit additional information as requested by Grantee or
HUD. If Subrecipient fails to follow the reporting requirements, it may result in
Grantee's request to reimburse previous funds paid and/or forfeiture of
remaining grant funds.
B. ANNUAL FOLLOW-UP REPORT. Subrecipient agrees to submit the Annual
Follow-up Report as provided by Grantee no later than August 30t'' of the year
following grant expiration or close of project, if a time extension was granted.
This report will include similar information to direct benefits activity and
quarterly reports but will include information related specifically to the CDBG
funded program/project and facility operation, if a portion of the facility or the
facility as a whole was unoccupied at the time of activity.
C. FUNDS. Grantee agrees to provide Subrecipient with funds equal to the
amount allocated through CDBG funds, as stated above. Grantee shall
disburse the funds on a reimbursable basis. Subrecipient shall provide copies
of invoice(s), bank statements, etc. as required for reimbursement in a timely
manner. Funds may be reimbursed only for those verified expenses for the
eligible uses as noted in Exhibit A.
D. PROGRAM INCOME. Subrecipient shall report monthly all program income (as
defined at 24 CFR 570.500(a) generated by activities carried out with CDBG
funds made available under this contract, if any. The use of program income
by Subrecipient shall comply with the requirements set forth at 24 CFR
570.504. By way of further limitations, Subrecipient may use such income
during the contract period of activities permitted under this contract and shall
reduce requests for additional funds by the amount of any such program
income balances on hand. All unexpended program income shall be returned
to Grantee at the end of the contract period. Any interest earned on cash
advances from the U.S. Treasury and from funds held in a revolving fund
account is not program income and shall be remitted promptly to Grantee.
E. INDIRECT COSTS. If indirect costs are charged, Subrecipient will develop an
indirect cost allocation plan for determining Subrecipient's share of
administrative costs and shall submit such plan to the Grantee for approval, in
a form approved by Grantee.
F. PAYMENT PROCEDURES. Grantee will pay Subrecipient funds available
under this Agreement based upon information submitted by Subrecipient and
consistent with any approved budget and Grantee policy concerning payments.
With the exception of certain pre-approved advances, payment will be made
for eligible expenses actually incurred and paid by Subrecipient (on a
reimbursement basis), and not to exceed actual expenses incurred. Payments
will be adjusted by Grantee in accordance with advance fund and program
income balances available in Subrecipient account. In addition, Grantee
reserves the right to liquidate funds available under this Agreement for costs
incurred by Grantee on behalf of Subrecipient.
G. PROCUREMENT. Subrecipient shall comply with Grantee policy concerning
the purchase of equipment, fixed assets, and other similar items and shall
maintain inventory records of all non-expendable personal property as defined
by such policy as may be procured with funds provided herein. All program
assets (unexpended program income, property, equipment, etc.) shall revert to
Grantee upon termination of this Agreement.
OMB Standards. Unless specified otherwise within this Agreement,
Subrecipient shall procure all materials, property, or services in accordance
with the requirements of 24 CFR 84.40-48.
H. USE AND REVERSION OF ASSETS. The use and disposition of real property
and equipment under this Agreement shall be in compliance with the
requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504,
as applicable, which include but are not limited to the following:
a. Subrecipient shall transfer to Grantee any CDBG funds including program
income on hand as well as any accounts receivable attributed to the use of
CDBG funds at the time of expiration, cancellation, or termination.
b. REAL PROPERTY ACQUISITION AND/OR IMPROVEMENT. Real
property acquired or improved in part (or in whole) with CDBG funds in
excess of $25,000 shall continue to be utilized by the funded organization
as approved and meet one of the national objectives in Section 570.208
until five (5) years after expiration of Agreement or longer as may be
determined by Grantee. If not used in accordance with Section 570.208,
Subrecipient shall pay Grantee an amount equal to the current fair market
value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of or improvement to
the property. Subrecipient may retain real property acquired or improved
under this Agreement after the expiration of the five-year period (or such
longer period of time as the Grantee deems appropriate). If activity term
extended five (5) year period would also be extended.
c. USE AND DISPOSITION OF REAL PROPERTY. Subrecipient awarded
$25,000 or more in CDBG funds for acquisition or improvement (e.g.,
including construction and equipment purchases) in whole or in part shall
comply with CDBG Regulation 24 CFR 570.505 relative to use of real
property as noted for five years commencing when funds are first spent for
property until after close out of the grant.
Subrecipient may not change the use or planned use of any such property
(including the beneficiaries of such use) from that for which the acquisition
or improvement was made unless Subrecipient provides affected citizens
and Grantee with reasonable notice of, and the opportunity to comment on
any proposed change, and either: the new use qualifies as meeting one of
the national objectives in Section 570.208 and is not a building for the
general conduct of government or if Subrecipient determines, after citizens
participation, that it is appropriate to change the use of the property to a use
which does not qualify under Section 570.208, it may retain or dispose of
the property for the changed use if Grantee is reimbursed in the amount of
the current fair market value of the property, less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, and
improvements to the property. If the change occurs after closeout (five
years), the provisions governing income from the disposition of the real
property in Section 570.504(b)(4) or (5), as applicable, shall apply to the
use of funds reimbursed. The property will no longer be subject to CDBG
requirements after reimbursement of CDBG program income per 24 CFR
570.505(d).
Subrecipient provided CDBG funds for the purchase of land, facilities,
and/or buildings; equipment, capital improvements, rehabilitation, or other
similar activities shall not sell, sublease, loan, reassign or any other such
action that relinquishes control, ownership, or change of use without prior
written request to and written authorization from Grantee and, if necessary,
HUD.
In all cases in which equipment, land, facilities, etc. acquired, in whole or in
part, with CDBG funds under this Agreement is sold, the proceeds shall be
program income (prorated to reflect the extent to that funds received under
the Agreement were used to acquire such items). Items no longer needed
by Subrecipient for activities under this Agreement shall be (a) transferred
to Grantee for the CDBG Program or (b) retained after compensating
Grantee (an amount equal to the current fair market value of the items les
the percentage of non-CDBG funds used to acquire the items).
4. FINANCIAL AND RECORDS MANAGEMENT.
A. ACCOUNTING STANDARDS. Subrecipient agrees to comply with 24 CFR
84.21-28 and agrees to adhere to account principles and procedures
required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
B. COST PRINCIPLES. Subrecipient shall administer its program and comply
with applicable financial standards according to OMB Circular A-122 (non-
profit) or A-21 (Educational Institution) as applicable. These principles shall
be applied to all costs incurred whether charged on a direct or indirect basis.
Subrecipient shall also have in place a financial system that tracks sources
and uses of funds or "fund accounting" method. Accounting systems should
include chart of accounts, cash receipts journal, cash disbursement journal,
payroll journal, general ledger, and any other form that may be required as
part of the organizations accounting/financial tracking system.
C. AUDITING. Subrecipient shall be subject to audit requirements contained
in the Single Audit Act Amendment of 1996 (31 USE 7501 -7507) and
revised OMB Circular A133. Subrecipient shall be subject to random audits
by Grantee, HUD, and the Comptroller General of the United States or any
of their authorized representatives, at any time during normal business
hours, as often as deemed necessary to audit, examine, and make excerpts
or transcripts of all relevant data in its administration of the CDBG Program
and federally funded activity. All CDBG funded activity records and related
documents shall be made available as well as required financial
records/data for the Subrecipient. Failure of Subrecipient to comply with the
above audit requirements will constitute a violation of this Agreement and
may result in the withholding of future payments and/or reimbursement of
funds paid. Subrecipient agrees to have an annual agency audit conducted
in accordance with Grantee policy concerning Subrecipient audits and OMB
Circular A-133.
D. RECORDS MANAGEMENT AND RETENTION. Subrecipient shall maintain
all records required by the federal regulations specified in 24 CFR 570.506,
that are pertinent to the use and expenditure of funds under this Agreement
as well as all documents pertaining to the activity and required reporting
records. All documents and records shall be made available for inspection
and copying during normal business hours by Grantee or designee or by
HUD upon request. Such records shall include but not limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that activity meets one of the national objectives
of the CDBG Program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG Program;
f. Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-
28;
g. Tracking, monitoring, direct benefits forms, self-certification forms,
reports, etc. required as part of compliance with this Agreement;
h. Client data demonstrating client eligibility or services provided including
but not limited to client name or client tracking number, address, contact
information, ethnicity, income level, or other basis for determining
eligibility, and description of services provided.
i. Any and all other documents related to the CDBG funded program or
project relative to this Agreement; and
j. Other records necessary to document compliance with Subpart K of 24
CFR Part 570.
Subrecipient shall retain all financial records, supporting documents,
statistical records, and any and all other documents/records pertinent to this
Agreement for a period of not less than five (5) years from the date of the
last reimbursement payment. The retention period begins on the date of the
submission of Grantee's annual performance and evaluation report to HUD
in which the activities assisted under this Agreement are reported on for the
final time. Notwithstanding the above, if there is litigation, claims, audits,
negotiations or other actions that involve any of the records cited and that
have started before the expiration of the five-year period, then such records
must be retained until completion of the actions and resolution of all issues,
or the expiration of the five-year period, whichever occurs later.
E. DISCLOSURE. Subrecipient understands that client information collected
under this contract is private and the use or disclosure of such information,
when not directly connected with the administration of Grantee's or
SubrecipienYs responsibilities with respect to services provided under this
Agreement, is prohibited by the applicable state and federal laws unless
written consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parentlguardian.
F. CLOSE OUT. Subrecipient's obligation to Grantee shall not end until all
close-out requirements are complied with and completed. Activities during
this close-out period shall include, but are not limited to making final
payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances,
and accounts receivable to the Grantee), and determining the custodianship
of records. Notwithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that Subrecipient has control over CDBG
funds, including program income.
5. PERSONNEL AND PARTICIPANT CONDITIONS.
A. PURSUANT TO LABOR CODE — SECTION 1861. Execution of the
Agreement by the parties constitutes their agreement to abide by all
applicable provisions of the California Labor Code; constitutes
SubrecipienYs certification that it is aware of the provisions of said Code
and will comply with them; and further constitutes SubrecipienYs
certification as follows: "I am aware of the provisions of Section 3700 of the
California Labor Code which required every employer to be insured against
liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code and I will comply with such
provisions before commencing the performance of this contract."
Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions
of Contract Works Hours and Safety Standards Act (40 U.S.C. 327 et seq.)
and all other applicable Federal, state, and local laws and regulations
pertaining to labor standards insofar as those acts apply to the performance
of this Agreement. Subrecipient agrees to comply with the Copeland Anti-
Kick Back Act (18 U.S.C. 874 et. seq.) and its implementing regulations of
the U.S. Department of Labor at 29 CFR Part 5.
B. DISCRIMINATION. Subrecipient shall provide services to all clients who
need and request such services, so long as economic resources permit.
Subrecipient shall abide by Sections 570.601 and 570.602 of Title 24 of the
Federal code of regulations which requires that no persons in the United
States shall, on the grounds of race, color, national origin, or sex, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with
the CDBG funds.
C. CIVIL RIGHTS.
a. COMPLIANCE. Subrecipient agrees to comply with all State and
Federal civil rights laws and regulations and with Title VI of the Civil
Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968
as amended, Section 104(b) and Section 109 of Title I of the Housing
and Community Development Act of 1974 as amended, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975, Executive Order 11063, and
Executive Order 11246 as amended by Executive Orders 11375, 11478,
12107, and 12086.
b. NONDISCRIMINATION. Subrecipient agrees to comply with the non-
discrimination in employment and contracting opportunities laws,
regulations, and executive orders referenced in 24 CFR 570.607, as
revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
c. LAND COVENANTS. This Agreement is subject to the requirements of
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.602.
In regard to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this Agreement, Subrecipient
shall cause or require a covenant running with the land to be inserted in
the deed or lease of such transfer, prohibiting discrimination as herein
defined, in the sale, lease or rental, or in the use of occupancy of such
land, or in any improvements erected or to be erected thereon, providing
that Grantee and the United States are beneficiaries of and entitled to
enforce such covenants. Subrecipient, in undertaking its obligation to
carry out the program assisted hereunder, agrees to take such
measures as are necessary to enforce such covenant, and will not itself
so discriminate.
d. SECTION 504. Subrecipient agrees to comply with all State and Federal
regulations issued pursuant to compliance with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits
discrimination against the individuals with disabilities or handicaps in
any Federally assisted program. Grantee will provide Subrecipient with
guidelines necessary for compliance with portions of the regulations in
force during the term of this Agreement.
D. AFFIRMATIVE ACTION.
a. APPROVED AFFIRMATIVE ACTION PLAN. Subrecipient agrees that it
shall be committed to carry out pursuant to Grantee's specifications an
Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. Grantee
shall provide Affirmative Action guidelines to Subrecipient to assist in the
formulation of such program. Subrecipient shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds.
b. EQUAL EMPLOYMENT CLAUSE. Subrecipient agrees not to
discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. Subrecipient will take
affirmative action to ensure that applicants are employed and that
employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not
be limited to, the following: employment, up grading, demotion, or
transfer, recruitment, or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Subrecipient agrees to post in a conspicuous
place, available to employees and applicants for employment, notices to
be provided by the Grantee setting forth the provisions of this non-
discriminating clause. Subrecipient will ensure that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
c. SECTION 3 EMPLOYMENT OPPORTUNITY. Per Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701) and as implemented by the regulations set forth in 24 CFR 135,
and all applicable rules and orders issued hereunder prior to the
execution of this Agreement.
Subrecipient agrees to make every effort to promote, advertise,
encourage, and hire very low to low-income person(s) and/or person(s)
within the community of said activity and shall incorporate this stipulation
into all agreements with all contractors, subcontractors, and vendors
working on activities funded as part of this Agreement. This stipulation
pertains to any and all types of training and employment related activities
as a result of this Agreement. This stipulation only requires that
Subrecipient hire said person(s) if additional employees are needed to
complete activity. Employment can be temporary (project based) or
permanent dependent upon the need of the employer. Activities
undertaken to meet this requirement shall be reported by Subrecipient
to Grantee. In addition, Subrecipient shall notify each labor organization
or representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, of its commitment
under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts
executed under this Agreement:
"The work to be performed under this Agreement is an activity
assisted under a program providing direct federal financial assistance
from HUD and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended (12 U.S.C. 1701).
Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given to very-low and low-income residents
of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic
opportunities for very low and low-income persons residing in the
metropolitan area in which the project is located."
Subrecipient certifies and
incapacity exists that
requirements.
agrees that no contractual or other legal
would prevent compliance with these
d. SECTION 3 BUSINESS OPPORTUNITY. Per Executive Order 12421
dated July 14, 1983, Subrecipient agrees to make every effort to
promote, advertise, encourage, purchase, and contract with businesses
and subcontractors that are considered 51 % or more minority and/or
women owned, owned by low or very low-income residents, employs a
substantial number of low or low-income residents, or provides
subcontracting or business development opportunities to businesses
owned by low to very low-income residents. (Low-income persons
means families (including single persons) whose incomes do not exceed
80 per centum of the median income for the area.) Subrecipient
shall incorporate this stipulate into all agreements with all
subcontractors working on activity. Activities undertaken to meet this
requirement shall be reported by Subrecipient to Grantee.
e. ACCESS TO RECORDS. Subrecipient shall furnish and cause each of
its own subrecipients or subcontractors to furnish all information and
reports required hereunder and will permit access to its books, records,
and accounts by Grantee or designee, HUD or its agent(s), or other
authorized federal officials for purposes of investigation to ascertain
compliance with the rules, regulations, and provisions stated herein.
NOTIFICATION. Subrecipient will send each labor union or
representative of workers with which it has a bargaining agreement or
other contract or understanding of workers a notice advising of the
Subrecipient's commitments hereunder, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
g. EQUAL EMPLOYMENT OPPORTUNITY. Subrecipient will, in all
solicitations or advertisements for employees or other activities
undertaken pertaining to this Agreement by or on behalf of the
Subrecipient, state that it is an Equal Opportunity or Affirmative Action
employer.
h. Subrecipient shall include the provision of Section 5, Items C(Civil
Rights) and D(Affirmative Action) in every subcontract or purchase
order, specifically or by reference, so that such provisions will be binding
upon each of its own subrecipients, subcontractors or vendors.
6. LICENSING. Subrecipient agrees to obtain and maintain all licenses, registrations,
accreditation, and inspections from all agencies governing its operations.
Subrecipient shall ensure that its staff shall also obtain and maintain all required
licenses, registrations accreditation and inspections from all agencies governing
SubrecipienYs operations hereunder.
7. INDEMNIFICATION. Subrecipient shall indemnify and hold Grantee harmless from
all claims, damages or liability, including all reasonable attomey fees and costs
incurred in defending any claims arising out of or in connection with Subrecipient's
activity, including but not by the way of limitation any action or claim for worker's
compensation.
8. CONFLICT OF INTEREST. Subrecipient shall familiarize itself with CDBG
regulations prohibiting conflicts of interest contained in 24 CFR 84.42 and 570.611.
Subrecipient, its assigns, employees, agents, consultants, and officers shall
compfy with and shall not violate any provision of the regulations. Any violation
shall be deemed a material breach of this Agreement and the Agreement shall be
immediately terminated by Grantee.
A. Subrecipient shall maintain a written code or standards of conduct that shall
govem the performance of its officers, employees or agents engaged in the
award and administration of contracts supported by federal funds.
B. No employee, officer or agent of Subrecipient shall participate in the selection,
or in the award, or administration of, a contract supported by federal funds if a
conflict of interest, real or apparent, would be involved.
C. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision-making process or gain inside information
with regard to such activities, may obtain a financial interest in any contract, or
have a financial interest in any contract, subcontract, or agreement with respect
to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-
assisted activity, either for themselves or those with whom they have business
or immediate family ties, during their tenure or for a period of one (1) year
thereafter. For purposes of this paragraph, a"covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed
official of Grantee, Subrecipient, or any designated public agency.
9. BYRD ANTI-LOBBYING AMENDMENT. Subrecipient certifies that they will not or
have not used federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a
member of Congress, or officer or employee of Congress in connection with
obtaining any Federal contract, grant, loan, cooperative agreement, or any other
award including the extension, continuation, renewal, amendment, or modification
of same. Subrecipient shall disclose any lobbying with non-federal funds that takes
place in conjunction with obtaining any federal award. (This Act pertains to all
contractors and subcontractors who apply or bid for an award of $100,000 or
more.)
If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress is connection with this Agreement, contract,
grant, loan, or cooperative agreement or other document, Subrecipient will
complete and submit Standard Form —LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions; and
It will require that the language in the following paragraph "Lobbying Certification"
be included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly:
Lobbying Certification: This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
10. HATCH ACT. Subrecipient agrees that no funds provided, nor personnel employed
under this Agreement, shall be in any way or to any extent engaged in the conduct
of political activities in violation of Chapter 15 of Title V or the U.S.C.
11. COPYRIGHT. If this Agreement results in any copyrightable material or inventions,
Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and
irrevocable license to reproduce, publish or otherwise use and to authorize others
to use, the work or materials for governmental purposes.
12. RELIGIOUS ACTIVITIES. Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24
CFR 570.200(j), such as worship, religious instruction or proselytization.
13. ELIGIBILITY. As to Subrecipient or its claimants, Grantee shall bear no liability for
any later determination by the United States Department of Housing and Urban
Development or any other person or entity that Grantee or Subrecipient is or is not
eligible under 24 CFR Part 570 to receive CDBG funds.
14. Organizations provided CDBG funding are required to offer the specific program
funded for a minimum of five (5) years from the date of award.
15. CONDUCT.
A. ASSIGNABILITY. Subrecipient shall not assign or transfer any interest in
this Agreement without the prior written consent of Grantee thereto;
provided, however, that claims for money due or to become due to the
Subrecipient from Grantee under this Agreement may be assigned to a
bank, trust company, or other financial institution without such approval.
Notice of any such assignment or transfer shall be furnished to Grantee.
B. SUBCONTRACTS.
a. APPROVALS. Subrecipient shall obtain Grantee's prior written approval
before executing any subcontracts.
b. MONITORING. Subrecipient shall monitor all subcontractors services
on a regular basis to ensure contract compliance. Written summarization
reports of monitoring shall be prepared including follow-up actions to
correct non-compliance issues, if any, and placed in file.
c. CONTENT. Subrecipient shall cause all of the provisions of this
Agreement in its entirety to be included in and made a part of any
subcontracts executed in the performance of this Agreement.
d. SELECTION PROCESS. Subrecipient shall undertake to insure that all
subcontracts let in the performance of this Agreement shall be awarded
on a fair and open competition basis in accordance with applicable
procurement requirements. Executed copies of all subcontracts shall be
forwarded to Grantee along with documentation concerning the
selection process.
16. UNIFORM ADMINISTRATIVE REQUIREMENTS. Subrecipients shall comply with
applicable uniform administrative requirements as described in CDBG Regulation
24 CFR 570.502(b), 570.502, 570.503(b)(4), and 570.610.
17.OTHER PROGRAM REQUIREMENTS. Subrecipient shall be in compliance with
all federal laws and regulations described in CDBG Regulation 24 CFR 570.501,
570.503(b)(5), 570.600-603, 570.605-614 except those outlined in Section
570.604 and 24 CFR Part 52.
18. DRUG-FREE WORKPLACE REQUIREMENTS. Subrecipient to certify that it will
comply with the drug-free workplace requirements in accordance with the Act and
HUD's rules at 24 CFR Part 24; Subpart F. (Drug-Free Workplace Act of 1988, (42
U.S.C.701)).
19. FALSE CLAIMS ACT. Subrecipient shall be subject to the False Claims Act (31
U.S.C. § 3729-3733, also called the Lincoln Law) which is federal law that allows
people who are not affiliated with the government to file actions against
subrecipients claiming fraud against the government. Under the False Claims Act
those who knowingly submit, or cause another person or entity to submit, false
claims payment of government funds are liable for three times the government's
damages plus civil penalties of $5,500 to $11,000 per false claim. The False
Claims Act explicitly excludes tax fraud. Section 3729(e) states that the Act "does
not apply to claims, records, or statements made under the Internal Revenue
Code."
20.INSURANCE. Subrecipient shall have and maintain workers compensation,
employee liability, automobile insurance, comprehensive public liability, property
damage, and other insurance that may be specific to the organization or required
as part of the award.
21. ENVIRONMENTAL CONDITIONS. Subrecipient agrees to comply with the
following environmental conditions:
A. AIR AND WATER. Federal Water Pollution Control Act, as amended, 33
U.S.C., 1251, et. Seq., as amended, 1318 as well as other requirements
specified in said Section 114 and Section 308 and all regulations and
guidelines issued thereunder and including Environmental Protection
Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. FLOOD DISASTER PROTECTION. Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), Subrecipient shall assure that for activities located in an
areas identified by the Federal Emergency Management Agency (FEMA)
as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including
rehabilitation).
C. LEAD-BASED PAINT. Subrecipient shall be subject to HUD Lead-Based
Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35, Subpart B.
D. HISTORIC PRESERVATION. Subrecipient shall comply with Historic
Preservation requirements as set forth in the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in
36 CFR Part 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as the apply to the performance of
this Agreement.
22. SEVERABILITY. In any provision of this Agreement is held invalid, the remainder
of the Agreement shall not be affected thereby and all other parts of this Agreement
shall nevertheless be in full force and effect.
23. WAIVER. Grantee's failure to act with respect to a breach by Subrecipient does
not waive its right to act with respect to subsequent or similar breaches. The failure
of Grantee to exercise or enforce any right or provision shall not constitute a waiver
of such right or provision.
24. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement
between Grantee and Subrecipient for the use of funds received under this
Agreement and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between Grantee and Subrecipient
with respect to this Agreement.
25. SUSPENSION AND TERMINATION. Agreement may be suspended orterminated
in accordance with CDBG 24 CFR 85.43 if Subrecipient materially fails to comply
with terms of Agreement, grant award (reporting, monitoring, tracking, ineffective
or improper use of funds, lack of timely and proper implementation of its obligations
pertaining to this Agreement), rules, regulations or provisions referred to herein,
statutes, regulations, executive orders, HUD guidelines, policies or directives as
may become applicable at any time. Also, award may be terminated for
convenience in accordance with 24 CFR 85.44.
This Agreement contains the entire Agreement of the parties and supersedes all other
prior negotiations, understandings or agreements. The Agreement may only be modified
by the written consent of the parties.
Subrecipient:
:
Print Name
Signature
Grantee:
:
Date
Title
Gina Nestande, Mayor Date
City of Pafm Desert
Attest:
Grace L. Rocha, Interim City Clerk Date
City of Palm Desert
Exhibit A
Personnel
Salaries & Wages
Fringe Benefits
Non-personnel
Space Costs
Rental, Lease, Purchase Equip.
Consumable Supplies
Travel
Telephone
Service/Program Delivery Cost
Other Costs
Indirect Expenses (10%)
CDBG Activity Budget
Subtotal:
Subtotal:
Total
Total Activitv Budqet
$ 9,430
$ 2,640
$ 12,070
$ 1,550
$ 230
$ 140
$ 100
$ 100
$ 260
$ 560
$ 2,940
$ 1,501
$ 16,511
Attachment B
Scope of Services
The scope of services is defined in the attached Request For Proposal (RFP) and
proposal submitted by the Subrecipient.