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Doing business with public agencies in Texas versus California (or New York)

We’re working on a project for a large public agency in Texas, and, like most large public agencies, it has standard vendor signup forms. We’ve also worked for many public agencies in states like California and New York, which are infamous for being unfriendly to business—and, in this instance, the rumors are true. The differences in required vendor forms might be a microcosm for larger differences between California (or New York) and Texas. The Texas public agency has a short, simple vendor form with no attachments other than a W-9.

California and New York public agencies, however, typically have long and onerous forms and processes so complex that sometimes we turn down the assignment. They often require a “temporary” local business license, even thought the assignment will likely be completed in less than six weeks and we’ll never set foot in the jurisdiction; proof of worker’s comp, liability, errors and commissions and even car insurance (all of which we have, but insurance certificates are a pain to produce and may not match the agency’s strict rules); and oddball by-jurisdiction forms that have little or nothing to do with grant writing. The City of Los Angeles, for example, requires forms certifying that Seliger + Associates did not benefit from slavery (for those of you keeping score at home, slavery ended in all U.S. states in 1865, and Seliger + Associates was founded in 1993). Another example, when working for the City of Richmond in California: we have to provide four wet-signed notarized copies of the contract (party like its 1979).

The costs of complying with random forms and local regulations are rarely discussed—but they’re very real and often high. Such requirements even drive up the cost of childcare, in ways that are often invisible to the entities imposing the requirements. Since we work nationally, and sometimes internationally, we’re accustomed to the challenges, but states and municipalities reveal much about themselves even in small ways.

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Favorite odd-but-mandatory proposal forms: LA Slavery and New York Northern Ireland edition

Experienced grant writers know that all proposal instructions must be followed as precisely as possible (though they can also be contradictory—a problem we discovered in a recent Department of Education RFP). Perhaps because of that principle, funders (or their political masters) also get the chance to include absurd or bizarre forms with RFPs. Some of our favorites include ones from City of Los Angeles Departments, since the City requires that firms it contracts with, including nonprofits, certify that the organization wasn’t been involved in slavery. For those of you keeping track at home, slavery ended in the United States in 1865 and Seliger + Associates was founded in 1993.

Today was I working on behalf of a New York client and ran into the “Empire State After-School Program,” which is a fairly standard after school program not so different from the 21st Century Community Learning Centers program or many other, similar programs. But this one is issued by the state of New York, and, amid the pile of pretty typical required documents (like “Non-Collusive Bidding Certification Required by Section 139d of the State Finance Law (OCFS-2634)”) was one that caught my attention: “MacBride Fair Employment Principles in Northern Ireland (OCFS-2633).”

Northern Ireland?

I was curious enough to follow the link to the form and found that grantees for this program apparently must certify as to whether it has ever conducted business in Northern Ireland. If it has, these instructions apply, and the applicant:

Shall take lawful steps in good faith to conduct any business operations that it has in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to non-discrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of its compliance with such principles.

I don’t know what discriminatory practices might be common in Northern Ireland. Nor do I know why New York State in particular is concerned with this tiny corner of the world. Out of curiosity, I checked the CIA World Factbook, and it says that Ireland’s entire population is a smidgen under five million, or about 60% the size of New York City’s alone.

Somewhere back there in the haze of New York political history must be some Irish-related controversy that lives on, to this day, in the form of a form that random nonprofits providing after-school services must include or risk being rejected as technically incorrect. Keep in mind that in the good old days of 1931, the Empire State Building was built in one year and 45 days. I’m pretty sure the developer did not have to fill out a Slavery or Northern Ireland form, which likely speedup up the process. Sometimes I see the more absurd aspects of grant writing and think about cost disease and how computers have paradoxically made grant writing worse.

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I’m in a New York City Recession State of Mind: Quick, Hand Me a Burger and Fries

As I write this, K and I are flying back from a 12-day vacation in New York City, AKA the Big Apple and the City so great they named it twice. I knew from New York, New York, it’s “a hellava Town, the Bronx is up and the Battery’s down,” so getting around was not a problem. A grant writer’s vacation in NYC is something of a busman’s holiday in that I was overwhelmed by the never ending implications of the city and its residents for writing. Other than a few days about 100 years ago as a 16-year old, my scattered trips to NYC have been confined to brief business trips. Hard as it is to believe, and although I’ve written lots of proposals for NYC clients, my direct impressions are pretty much based on movies,* Law & Order, and Seinfeld.

Walking uptown, downtown and seemingly all round Manhattan, interspersed with lots of subway rides, put me in a New York [Recession] State of Mind. If one looks closely, even in such tony neighborhoods as the Upper East Side, Upper West Side, Central Park South, Chelsea, etc., the signs of the lingering Great Recession are everywhere. We were able to easily buy 1/2 off seats to a fairly big name Broadway musical and opening night seats for Rigoletto at the Metropolitan Opera. The latter should not have been possible at the last minute.

Virtually every restaurant we visited was offered some kind of deal, and New Jersey Transit is discounting their AirTrain service into Manhattan by 25%. Casual conversations with assorted New Yorkers confirms that the Bronx may still be up, but business is decidedly down and optimism is hard to find. We saw plenty of vacant store fronts and many ads for apartments with “asking price” rents that imply negotiation. As I gazed at Central Park from our 32nd floor room at the wonderful Le Parker Meridien, I thought about the impact of the tough economic times is having on the army of tip-dependent service workers who make it possible for the swells to glide by in town cars and tourists like us to move seamlessly from world-class Jazz at the Village Vanguard to low-down Blues at Arthur’s Tavern. I know that hard times for the working poor means equally hard times for the nonprofits that provide services to them and to the even less fortunate, who are without jobs or are entirely dependent on safety net services.

Since Manhattan is probably the best walking experience in America and the NYPD’s reverse community policing** policy means that tourists can feel quite safe in the neighborhoods they are most likely to visit, it was easy to get an exceptional street level view of the City. As a grant writer, I was struck by the almost complete lack of obvious homeless and panhandlers. The homeless seemed confined to church steps, while most begging took place on subways (perhaps a captive audience is best). I assume the relative lack of visible homeless in touristy areas is due to a combination of the City’s aggressive police presence combined with hefty funding for homeless services agencies. It can’t be due to an absence of actual homeless, because the dire economic times means they must be somewhere. Perhaps a reader who works for a NYC homeless services agency can shed some light on this.

Walking around Manhattan, I was also struck by the dichotomy of schools. While in Central Park, we saw squadrons of prep school kids in snazzy uniforms jogging and otherwise using the Park, generally under the very close scrutiny of staff. Basically, junior Holden Caulfields, who were a particularly startling sight near the Dakota Apartment Building at which John Lennon was killed by a self-professed Caulfield wannabe. In contrast, we saw several public schools, all of which were multi-story affairs with tiny playgrounds, generally surrounded by concertina barbed wire. Public school students are stuck behind fences, while their much more affluent peers are free to roam what is the most spectacular “public” park in the country. This curiosity will give me new perspective in writing proposals for at-risk youth in Manhattan. It seems to me that they may be most at risk of being injured trying to escape their educational compounds. While we were in New York, the ever non-ironic New York Times reported that City schools had once again turned in lower scores on state standardized tests. More bad news for citizens and good news for grant writers.

NYC is a town of sidewalks, at least this time of year, and much of the life of the City flows along them. It was startling to encounter hoards of furtive smokers on virtually every sidewalk. This is despite the fact that cigarettes cost $14/pack in the City! Apparently, astoundingly high taxes and draconian restrictions on where one can smoke have not had all that much effect on smoking. About 20% of all Americans continue to smoke, but I suspect the rate is higher in NYC. Oddly, the poor and the well-off are more likely to smoke these days than middle income folks. Mayor Bloomberg frequently rails against smoking and junk food. But New York sidewalks confirm that he hasn’t exactly succeeded with smokers and has had even less success with junk food. Endless food carts and wagons, dispensing hot dogs, shawarma and various other greasy delights.

The City is also filled with all manor of high-end fast food enterprises, like Shake Shack, Burger Joint, and Five Guys & Fries. Additionally, it seemed like every neighborhood had some sort of street festival going on, which meant even more junk food for sale. My favorite was an “Apple Festival” on the Lower East Side, which featured apple sausage, sauerkraut with apples, mashed potatoes with apples, apple fritters, apple pie and just about every other apple concoction except plain apples!

Apparently because of Mayor Bloomberg’s obsession, all fast food outlets post the calories of their fare (I think the winner was the double bacon cheeseburger with large fries at Nathan’s in Coney Island weighing in at 2,200 calories or so—I opted for the Coney Dog at a modest 300 calories and shared fries). None of the upscale restaurants we visited lists calories on their menus, so only fast food frequenters are confronted by the unhealthy reality of what they are about to eat. In part because of a new national consciousness about childhood obesity and related problems highlighted by First Lady Michelle Obama’s “Let’s Move” campaign and similar efforts, we’ve written many anti-obesity and pro-nutrition proposals in the last few years. No one in NYC seems to have gotten the memo because I did not see a single Tofu on a Stick and Carrots in a Bag stand in all of Manhattan.

My tour of Manhattan convinces me that the need for grant writers will only increase in coming months. Economists may nod gravely to one another that the Great Recession ended last year and elected officials may pontificate about what is good for us. On the streets of New York, however, tough times are evident, while much of Manhattan is covered in a pall of smoke from cigarettes and french fries frying. I visit LA often enough to know that things remain pretty grim there and now I can confirm the situation is similarly hopeless, but not extreme (or is is extreme, but not hopeless?) on the East Coast too.

* Best recent movie featuring Manhattan as a backdrop is the great thinking man’s monster movie, Cloverfield.

** Rather than using community policing, the NYPD floods selected areas like Times Square with a huge number of uniformed officers. Since they can’t do this in every neighborhood at all times, non-targeted areas must have almost no police presence. While I was in NYC, the NYT reported that the City’s gigantic Community Oriented Policing Services (COPS) grant application was rejected by the Department of Justice, with much fulminating from Mayor Bloomberg’s office. Having written lots of COPS proposals over the years, I am not surprised, as it is pretty obvious that, whatever the NYPD is doing, it is not community policing.