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HomeMy WebLinkAbout06 - CC-7 - Amendment #1 to Subrecipient Agreements - 6/15/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: June 15, 2021 ITEM NUMBER: CC-7 SUBJECT: AMENDMENT #1 TO SUBRECIPIENT AGREEMENTS FOR PROGRAM ADMINISTRATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) RENTAL ASSISTANCE PROGRAM DATE: JUNE 7, 2021 FROM: CITY MANAGER’S OFFICE PRESENTATION BY: SUSAN PRICE, ASSISTANT CITY MANAGER FOR FURTHER INFORMATION CONTACT: SUSAN PRICE, ASSISTANT CITY MANAGER, (714) 754-5122 RECOMMENDATION: Staff recommends that the City Council and the Housing Authority Board of Directors: 1. Approve proposed Amendment No. 1 (Attachment 1) to the Subrecipient Agreement (SRA) with Mercy House Living Centers increasing the compensation by $150,000, for a total Not-To-Exceed amount of $330,321 and to add two one- year renewal terms for program administration of the City’s CDBG-CV Rental Assistant Program for lower-income households without children. 2. Approve proposed Amendment No. 1 (Attachment 2) to the Subrecipient Agreement (SRA) with Serving People in Need (SPIN), Inc. increasing the compensation by $250,000, for a total Not-To-Exceed amount of $457,000 and to add two one-year renewal terms for program administration of a Rental Assistance Program for lower-income households with children. 3. Authorize the City Manager and the City Clerk to execute the amendments and future authorized amendments to the agreements. BACKGROUND: On October 6, 2020, the City Council approved the CDBG-CV SRA (Attachment 3) with SPIN in an amount not-to exceed $207,000 for administration of a Rental Assistance Program for lower-income households with children that have been impacted by the Coronavirus (COVID-19). The City Council also approved the SRA (Attachment 4) with Mercy House Living Centers for a Not-To-Exceed amount of $180,321 for administration 2 of the City’s CDBG-CV Rental Assistance Program for lower-income households impacted by COVID-19 without children. On October 20, 2020, the City Council held a public hearing and approved a second amendment to the City’s 2019-2020 Annual Action Plan to allocate Round 3 CDBG-CV funds for programs that will provide homeless prevention assistance and street outreach services. The City of Costa Mesa received $1,168,216 in CDBG-CV Round 3 funds from the U.S Department of Housing and Urban Department (HUD). The Council allocated $400,000 to the category of Rental Assistance at that time. ANALYSIS: To ensure eligible households in the City of Costa Mesa can take advantage of the Rental Assistance Program, staff recommends continuing to contract with the same entities that have operated the program in the Costa Mesa community. SPIN provides CDBG-funded public service programs like rental assistance for cities in Orange County. From July 2020 to March 2021, the program has served 107 households with children, 93 of those households were extremely low-income. Additionally, of the total households, 33 were extremely low- to low-income families affected by COVID-19 through COVID-19 positivity, loss of job because of COVID-19, and/or reduction in income due to COVID-19 and need for rental assistance. Mercy House has served 29 individuals in households without children to date. Both agencies are interested in continuing to provide this critical rental assistance program for the community, particularly given that the states eviction moratorium is to expire on June 30, 2021. The CDBG-CV Rental Assistance Program assists low to moderate-income Costa Mesa residents who are impacted by the Coronavirus. The approval of the recommended actions will assist residents in maintaining housing stability during this pandemic. RENTAL ASSISTANCE PROGRAM GUIDELINES The Costa Mesa CDBG-CV Rental Assistance Program provides residents experiencing a loss of income, directly related to COVID-19, with up to $6,000 per household or a maximum three (3) months full rent, whichever is less. Residents with incomes at or below 80% Area Median Income (AMI) with unpaid rent starting April 1, 2020, and who had otherwise been in good financial standing may qualify. Additional details about the program can be found in Attachment 1. ALTERNATIVES CONSIDERED: City Council and the Housing Authority may elect to not extend funding to Mercy House Living Centers or to SPIN for administration of the subject program, and direct staff to re- advertise the program, or choose only one entity to administer the program to specified households. This action may delay CDBG-CV funds in addressing the community needs in a timely manner to help residents retain housing stability. 3 FISCAL REVIEW: The CDBG-CV Rental Assistance Program will have no impact to the General Fund. The total amount for SPIN and Mercy House Living Centers to administer the program shall not exceed $400,000 and may be paid for using this portion of the City’s Round 3 CDBG- CV funds, which are included in the FY 2021/22 Adopted Budget. This action is being expedited in order to fast track assistance to families and individuals in greatest need. The SRA amounts requested at this time are based on the workload that SPIN and Mercy House are prepared to address at this time. LEGAL REVIEW: The City Attorney’s office has reviewed this agenda report and the amendments and approves them as to form. CITY COUNCIL GOALS & PRIORITIES: Diversifying, stabilizing, and increasing housing to reflect community needs is a priority for the City Council. In February 2021, the City Council adopted a new Strategic Plan to achieve this and four other priorities over the next three years. CONCLUSION: 1. Approve proposed Amendment No. 1 (Attachment 1) to the Subrecipient Agreement (SRA) with Mercy House Living Centers increasing the compensation by $150,000, for a total Not-To-Exceed amount of $330,321 and to add two one- year renewal options for program administration of the City’s CDBG-CV Rental Assistant Program for lower-income households without children. 2. Approve proposed Amendment No. 1 (Attachment 2) to the Subrecipient Agreement (SRA) with Serving People in Need (SPIN), Inc. increasing the compensation by $250,000, for a total Not-To-Exceed amount of $457,000 and to add two one-year renewal options for program administration of a Rental Assistance Program for lower-income households with children. 3. Authorize the City Manager and the City Clerk to execute the amendments and future authorized amendments to the agreements. 4 SUSAN PRICE Assistant City Manager CAROL MOLINA KIMBERLY HALL BARLOW Finance Director City Attorney Attachments: 1. Amendment No. 1 with Mercy House Living Centers 2. Amendment No. 1 with SPIN 3. Subrecipient Agreement with SPIN 4. Subrecipient Agreement with Mercy House Living Centers 1 Mercy House Living Centers Amendment One CDBG-CV Rev. 05-20 AMENDMENT NUMBER ONE TO 2020-2021 SUBRECEIPIENT AGREEMENT AMONG THE CITY OF COSTA MESA, AS GRANTEE UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS PROGRAM, THE COSTA MESA HOUSING AUTHORITY AND MERCY HOUSE LIVING CENTERS This Amendment Number One (“Amendment”) is made and entered into this 15th day of June, 2021 (“Effective Date”), by and among the CITY OF COSTA MESA (“CITY”), a municipal corporation and a grantee under the U.S. Department of Housing and Urban Development (“HUD”) Community Development Block Grant-Coronavirus (“CDBG-CV”) Program (Catalog of Federal Domestic Assistance Number 14-218; Grant No: B-20-MW-06-0503), the COSTA MESA HOUSING AUTHORITY, a public body corporate and politic (“AUTHORITY”), and MERCY HOUSE LIVING CENTERS, a nonprofit corporation (“SUBRECIPIENT”). CITY and AUTHORITY are collectively referred to herein as “CITY.” WHEREAS, CITY and SUBRECIPIENT entered into an agreement dated October 6, 2020 for SUBRECIPIENT to provide shelter, supportive services and housing navigation services for homeless men and women (the “Agreement”); and WHEREAS, CITY and SUBRECIPIENT desire to amend the Agreement as set forth herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section A.1. shall be amended to add a new subsection (e), to read as follows: (e) Use of CDBG-CV Funds; Duplication of Benefits. SUBRECIPIENT acknowledges that CITY is utilizing supplemental CDBG funds allocated to City through the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), referred to as “CDBG-CV” funds, in whole or in part to fund the services set forth in this Agreement. SUBRECIPIENT understands and agrees that CDBG-CV funds may only be utilized to prevent, prepare for, and respond to the COVID-19 pandemic. SUBRECIPIENT shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by the CARES Act and/or HUD’s CDBG-CV guidance. SUBRECIPIENT must comply with HUD’s requirements for duplication of benefits imposed on the CITY, which are: CDBG-CV funds may not be used to pay costs if another source of financial assistance is available to pay that cost. SUBRECIPIENT further agrees to repay the CITY any assistance determined to be duplicative. 2. Section A.3. (Term of Agreement) shall be amended to read as follows: 3. Term of Agreement. Subject to the termination provisions set forth herein, the term of this Agreement is from October 6, 2020 through June 30, 2021, except that SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/data reporting, and accounting. The term of this Agreement may be extended by two (2) additional one (1) year Attachment 4 2 Mercy House Living Centers Amendment One CDBG-CV Rev. 05-20 periods upon written agreement of the parties, memorialized by an amendment to this Agreement. 3. The term of the Agreement shall be extended through June 30, 2022. 4. Section A.4. (Amount of Grant and Quarterly Disbursement) shall be amended to read as follows: 4. Amount of Grant and Quarterly Disbursement. The amount granted to SUBRECIPIENT shall not exceed Three Hundred Thirty Thousand Three Hundred Twenty-One Dollars ($330,321.00) (“CDBG-CV FUNDS”). SUBRECIPIENT shall expend such funds during the term of this Agreement or any extension thereof. CITY will disburse CDBG-CV FUNDS to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT. 5. All terms not defined herein shall have the same meaning and use as set forth in the Agreement. [Signatures appear on following page.] 3 Mercy House Living Centers Amendment One CDBG-CV Rev. 05-20 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above. CITY OF COSTA MESA ________________________________ Date: __________________________ Lori Ann Farrell Harrison City Manager COSTA MESA HOUSING AUTHORITY ________________________________ Date: __________________________ Lori Ann Farrell Harrison Executive Director SUBRECIPIENT MERCY HOUSE LIVING CENTERS Federal Tax Identification No: 33-0315864 DUNS Number: 879797165 ________________________________ Date: __________________________ Signature ________________________________ Name and Title ________________________________ Date: __________________________ Signature ________________________________ Name and Title ATTEST: ________________________________ Brenda Green City Clerk/Housing Authority Secretary 4 Mercy House Living Centers Amendment One CDBG-CV Rev. 05-20 APPROVED AS TO FORM: ________________________________ Kimberly Hall Barlow City Attorney/Housing Authority General Counsel APPROVED AS TO INSURANCE: ________________________________ Ruth Wang Risk Management APPROVED AS TO PURCHASING: ________________________________ Carol Molina Finance Director 1 SPIN, Inc. Amendment One CDBG-CV Rev. 05-20 AMENDMENT NUMBER ONE TO 2020-2021 SUBRECEIPIENT AGREEMENT AMONG THE CITY OF COSTA MESA, AS GRANTEE UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS PROGRAM, THE COSTA MESA HOUSING AUTHORITY AND SERVING PEOPLE IN NEED (SPIN), INC. This Amendment Number One (“Amendment”) is made and entered into this 15th day of June, 2021 (“Effective Date”), by and among the CITY OF COSTA MESA (“CITY”), a municipal corporation and a grantee under the U.S. Department of Housing and Urban Development (“HUD”) Community Development Block Grant-Coronavirus (“CDBG-CV”) Program (Catalog of Federal Domestic Assistance Number 14-218; Grant No: B-20-MW-06-0503), the COSTA MESA HOUSING AUTHORITY, a public body corporate and politic (“AUTHORITY”), and SERVING PEOPLE IN NEED (SPIN), INC., a nonprofit corporation (“SUBRECIPIENT”). CITY and AUTHORITY are collectively referred to herein as “CITY.” WHEREAS, CITY and SUBRECIPIENT entered into an agreement dated October 6, 2020 for SUBRECIPIENT to provide shelter, supportive services and housing navigation services for homeless men and women (the “Agreement”); and WHEREAS, CITY and SUBRECIPIENT desire to amend the Agreement as set forth herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section A.1. shall be amended to add a new subsection (e), to read as follows: (e) Use of CDBG-CV Funds; Duplication of Benefits. SUBRECIPIENT acknowledges that CITY is utilizing supplemental CDBG funds allocated to City through the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), referred to as “CDBG-CV” funds, in whole or in part to fund the services set forth in this Agreement. SUBRECIPIENT understands and agrees that CDBG-CV funds may only be utilized to prevent, prepare for, and respond to the COVID-19 pandemic. SUBRECIPIENT shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by the CARES Act and/or HUD’s CDBG-CV guidance. SUBRECIPIENT must comply with HUD’s requirements for duplication of benefits imposed on the CITY, which are: CDBG-CV funds may not be used to pay costs if another source of financial assistance is available to pay that cost. SUBRECIPIENT further agrees to repay the CITY any assistance determined to be duplicative. 2. Section A.3. (Term of Agreement) shall be amended to read as follows: 3. Term of Agreement. Subject to the termination provisions set forth herein, the term of this Agreement is from October 6, 2020 through June 30, 2021, except that SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/data reporting, and accounting. The term of this Agreement may be extended by two (2) additional one (1) year Attachment 3 2 SPIN, Inc. Amendment One CDBG-CV Rev. 05-20 periods upon written agreement of the parties, memorialized by an amendment to this Agreement. 3. The term of the Agreement shall be extended through June 30, 2022. 4. Section A.4. (Amount of Grant and Quarterly Disbursement) shall be amended to read as follows: 4. Amount of Grant and Quarterly Disbursement. The amount granted to SUBRECIPIENT shall not exceed Four Hundred Fifty-Seven Thousand Dollars ($457,000.00) (“CDBG-CV FUNDS”). SUBRECIPIENT shall expend such funds during the term of this Agreement or any extension thereof. CITY will disburse CDBG-CV FUNDS to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT. 5. All terms not defined herein shall have the same meaning and use as set forth in the Agreement. [Signatures appear on following page.] 3 SPIN, Inc. Amendment One CDBG-CV Rev. 05-20 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above. CITY OF COSTA MESA ________________________________ Date: __________________________ Lori Ann Farrell Harrison City Manager COSTA MESA HOUSING AUTHORITY ________________________________ Date: __________________________ Lori Ann Farrell Harrison Executive Director SUBRECIPIENT SERVING PEOPLE IN NEED (SPIN), INC. Federal Tax Identification No: 32-0329687 DUNS Number: 179244173 ________________________________ Date: __________________________ Signature ________________________________ Name and Title ________________________________ Date: __________________________ Signature ________________________________ Name and Title ATTEST: ________________________________ Brenda Green City Clerk/Housing Authority Secretary 4 SPIN, Inc. Amendment One CDBG-CV Rev. 05-20 APPROVED AS TO FORM: ________________________________ Kimberly Hall Barlow City Attorney/Housing Authority General Counsel APPROVED AS TO INSURANCE: ________________________________ Ruth Wang Risk Management APPROVED AS TO PURCHASING: ________________________________ Carol Molina Finance Director Attachment 2 Attachment 1