HomeMy WebLinkAboutRes.2804.03-17-2014BILL NO. 14-40 RESOLUTION NO. 6Z-�OV
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE COMMUNITY
CARING COUNCIL, FOR EMERGENCY SOLUTIONS GRANT
FUNDS FROM THE MISSOURI HOUSING DEVELOPMENT
COMMISSION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with the Community Caring Council, for Emergency
Solutions Grant Funds from the Missouri Housing Development
Commission. A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS DAY OF 2014.
ATTEST:
Gayle (4. Conrad, City Clerk
Harry E. Rediger, Mayor
AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 2014 by and between the City of Cape Girardeau, Missouri, a
municipal corporation (hereinafter "City"), and the Community Caring Council
(hereinafter "Community Caring Council').
WITNESSETH:
WHEREAS, the City has received Emergency Solutions Grant Funds from the
Missouri Housing Development Commission; and
WHEREAS, the Community Caring Council has submitted a proposal to provide
services to the homeless of Cape Girardeau County, which has been approved by the
Missouri Housing Development Commission.
NOW THEREFORE, for and in consideration of their mutual covenants and promises
hereinafter set forth, the City and Community Caring Council agrees as follows:
1. The Community Caring Council will provide the services outlined in its
proposal, a copy of which is attached hereto and made a part of this
agreement.
2. The Community Caring Council will provide all local cash and in-kind match
as outlined in its proposal.
3. Upon presentation of proper documentation by the Community Caring
Council, the City will reimburse the Community Caring Council for all costs,
not to exceed Forty -Eight Thousand Five Hundred Dollars and No Cents
($48,500.00) incurred in providing services as outlined in the Community
Caring Council proposal. In no event shall the Community Caring Council be
paid from any City funds other than funds received by the City from the State
of Missouri as part of an emergency solution grant.
4. Services provided under this agreement shall be completed no later than
March 31, 2015.
5. The Community Caring Council agrees to comply with federal regulations
applicable to Emergency Solutions Grant projects, including, but not limited
11
to: conflict of interest, equal employment opportunity, Section 3, female
employment, affirmative action, and lead-based paint prohibition.
6. The Community Caring Council agrees to cooperate with City in the City's
compliance with all provisions of its Emergency Solutions Grant Agreement
with the State of Missouri.
7. In addition to, and not in substitution for, other provisions of this agreement
regarding the provision of the payment of operational costs for emergency
shelters pursuant to the Emergency Solutions Grant Program, the
Community Caring Council:
a. Represents that it is, or may be deemed to be, a religious or
denominational institution or an organization operated for religious
purposes which is supervised or controlled by or in connection with a
religious or denominational institution or organization; and
b. Agrees that, in connection with such essential services and operational
costs:
1. It will not discriminate against any employee or applicant for
employment on the basis of religion and will not deny employment
or give preference in employment to persons on the basis of
religion;
2. It will not discriminate against any persons seeking emergency
shelter and related services on the basis of religion and will not limit
such services or give preference to persons on the basis of religion;
and
3. It will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing,
or exert no other religious influence in the provision of services or
the use of facilities or furnishings assisted in any way under this
agreement.
2
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed by their properly authorized representatives.
ATTEST:
Gayle L. Conrad, City Clerk
APPROVED AS TO FORM:
W. Eric Cunningham, City Attorney
3
CITY OF CAPE GIRARDEAU
Scott A. Meyer
City Manager
COMMUNITY CARING COUNCIL
(Typed Name & Title of Signer)
;t -W, Dignity, QuaL1WLije
`t ISSOURI HOUSING
DP/ LOPMU4T COMMGSIOK
Jeremiah W.
(Jay) Nixon
Governor
Peter Kinder
Lieutenant Governor
Clint Zweifel
State Treasurer
Chris Koster
Attorney General
Jeffrey S. Bay
Chairman
Troy L. Nash
Vice Chairman
David B. Cosgrove
Secretary -Treasurer
Greg L. Roberts
Commissioner
Kip Stetzler
Interim
Executive Director
Kansas City
3435 Broadway
Kansas City, MO 64111
816-759-6600
- Fax 816-7536828
St. Louis
4625 Lindell, Suite 300
St. Louis, MO 63108
314-877-1350
Fax 314-877-1360
RECEIVED
DIVISIS101-S971
OF PI
ON0-S9 fJiY'u S S
�- 1
February 18, 2014
City of Cape Girardeau
Stephan Williams
401 Independence Street
Cape Girardeau, MO 63703
RE: 2014 Emergency Solutions Grant App&cafion
ESG Grant Number: 14-755-E
Grant Award: $106,888.90
Dear Mr. Stephan Williams,
Your application requesting funds from the 2014 Emergency Solutions Grant Program
has been approved in the amount of $106,888.90 for the following, contingent upon
receipt of final approval by MHDC from MHDC's Board of Commissioners:
Street Outreach
$4,799.90
Engagement
Essential Services
Emergency Shelter
Essential Services
Operations
Homeless Prevention
$48,500.00
Financial Assistance
Services
TBRA
PBRA
Rapid Rc-Housing
$48,500.00
Financial Assistance
Services
TBRA
PBRA
HMIS
Administration
$5,089.00
MANDATORY trainings will occur next week; at that time your agency will receive
the grant agreement and all corresponding paperwork for your 2014 Emergency
Solutions Grant Program.
Williams, Steve
From:
Julie Peacock (peacock@mhdc.coml
Sent:
Wednesday, February 26, 2014 12:21 PM
To:
Williams, Steve
Subject:
FW; FY2014 ESG Funding Award
Grantee: City of Cape Girardeau
Total Award: $106,888.90
Administration: $5,089.00
Suh-Grantee: The Salvation Army
Street Outreach $4,799.90
Essential Services $4,799.90
Engagement
Sub -Grantee: Community Caring Council
Rapid Re -Housing $48,500.00
Financial Assistance $3,500.00
Services $17,660.00
TBRA $27,340.00
PBRA
Sub -Grantee: Catholic Charities of Southern Missouri
homelessness Prevention $48,500.00
Financial Assistance $8,000.00
Services $9,130.00
THRA $31,370.00
PBRA
Thank you and let me know if you have any further questions,
Julie
Julie Peacock
1
RIDER A
ATTACHED TO AND MADE A PART OF
EMERGENCY SOLUTIONS GRANT
HOUSING SERVICES GRANT AGREEMENT
GRANT No. 14-7SS-E
PROGRAM COMPONENT: RAPID RE -HOUSING
Additional Representations, Covenants and Warranties by Grantee:
1. Grantee agrees that use of HMIS or a comparable database required under this Agreement.
2. Grantee agrees to submit the following properly completed documents to MHDC prior to the distribution of any ESG Funds:
a, Executed Grant Agreement including all exhibits, riders and attachments
b. Affidavit of Workforce Eligibility
C. MOU from E -Verify
d. Authorization Agreement for Pre -Payments with voided check (ESG-200)
P. Authorized Signature Card (ESG-201)
f. Certificate of Insurance
g. Program Staffing Form (ESG-108)
h. W9
L Site Contact Form (ESG-203)
j. Data Collection Form (FSG -202)
3. Grantee agrees to collect, create or cause to be created, keep, and maintain records, which records shall be stored and kept
by Grantee pursuantto MHDC and DSS polities as well as ESG Interim Rule Subpart F -Grant Administration 24 CFR 576.500
(Recordkeeping and Reporting Requirements). Required records shall be subject to Monitoring Activities and shall include,
but are not limited to, the following categories of documents:
a. Written Policies and Procedures for the administration of the ESG Program
b. Verification of recipient's name, address, and telephone number (proof of residence)
C. Homeless or At -Risk of Homelessness Status documentation (ESG-213)
d. Determination of eligibility or ineligibility for ineligible program participants (ESG-211)
e. Income verification for each program participant who receives homelessness prevention or rapid re -housing
assistance longer than one year
f. Copy H income guidelines used to determine eligibility
g. Habitability standards and inspections if applicable (ESG-216)
h. Rent reasonableness (FSG -217)
L Fair Market Rent documentation
j. Receipt of ESG assistance completed by participants (ESG-212) .
k. Verification of amount of assistance, date and to whom paid
I. Identification of all asslstance by type, amount, and provider
on. Lease requirement between participant and landlord
n. Rental Assistance agreement between the non-profit agency and the ownerfmanager or the rental property if
providing rental assistance
o. Verification of name, address and telephone number of landlord or mortgage lender
p. Supporting documentation showing proof of need (i.e. eviction notice, utility shut off)
q. Photo Identification for members of the household at and over the age of 18
r. Social Security mods or proof of Social Security numbers for all members of the household
S. Documentation of the number of individuals in the household
t. Consent form stating that MHDC has the right to review dient files and contact clients directly during the audit
process, signed by client and agency representative (must use form ESG-209)
U. HMIS or comparable database consentform.
V. A detailed list of what ESG Funds were used for (i.e. salaries, benefits, office supplies)
w. Verification of receipts and/or invoices copies of checks
x, Pay period dates and a copy of pay stubs if funds used for salaries
y. Proof of Social Security number for all salary payments
4. Grantee agrees that Eligible Expenses will be limited to the costs Incurred by Grantee to provide Housing Services as follows
and further detailed in 24 CFR Parts 91 and 576:
• Rapid Re -housing
• Administration
EXHIBIT 5
REQUIRED TERMS AND CONDITIONS FOR SUB -GRANT AGREEMENTS
Grantee is encouraged to ensure that any sub -grant agreements entered into with sub -
grantees obligate such sub -grantees to the same terms and conditions to which Grantee
is bound under this Agreement.
While the Grantee generally has the autonomy to negotiate the terms and conditions of
any such sub -grant agreements, MHDC does require that, prior to entering into any sub -
grant agreement with any sub -grantee, the Grantee must ensure that all of the sub -
grant agreement incorporates the following terms and conditions:
Either party shall have the right to terminate the sub -grant agreement upon sixty
(60) days advance written notice.
The grantee represents and warrants to the grantor that the grantee has fully
disclosed all conflicts of interest and potential conflicts of interest with
individuals or entities that may benefit from the ESG Funds awarded to the
grantee under this agreement, including any individuals or entities having an
Identity of Interest, as defined on Rider B attached hereto and made a part
hereof ("Identity of Interest"), with the grantee that may be involved in any
transaction involving ESG funds.
Grantee must provide full and immediate disclosure to grantor in the event that
any Identity of Interest arises with any individual or entity involved in any
transaction involving ESG funds.
Grantee must provide full and immediate disclosure to grantor of any change in
the sponsorship, principals or management of grantee. Changes in sponsorship,
principals or management of grantee's organization shall render grantee
ineligible to receive any ESG funds whatsoever hereunder unless and until such
changes are fully disclosed to grantor and such changes are approved in writing
by grantor.
Grantee shall track, account for and report ESG funds separately from all other
funds. The grantee is advised that misuse of ESG funds may result in a range of
penalties including suspension of current and future funds, suspension or
debarment from federal and state grants, recoupment of monies advanced
under this agreement, and civil and/or criminal penalties.
Grantee shall keep an accurate inventory and depreciation schedule for all
assets, equipment, computer equipment, software and other real and personal
property purchased with ESG Funds when such purchases equal or exceed
EX 5-1
$5,000. The inventory shall also include specific information as to the disposition
of all assets that have been transferred, sold or otherwise disposed of, the
manner of the disposition, the consideration received for the disposal of the
assets and the reason therefore. Any assets purchased with ESG Funds shall be
utilized solely for the purpose of carrying out the Housing Services.
Grantee will comply with the applicable provisions of 24 CFR Parts 91.5 and
576.2.
Grantee will provide services in a manner consistent with the requirements of:
- The HUD ESG Program grant which can be found at the following website:
https://www.onecpd.info/esg/
- Missouri's FY 2011 ESG Substantial Amendment which can be found at
the following website: http://dss.mo.gov/fsd/esg/pdf/missouri-
emergency-solutions-grant-program-substantial-am endment.pdf: and
- Missouri's ESG component of the FY 2012 Consolidated Plan
Grantee will maintain compliance with all requirements identified in 24 CFR
576.2D3.
The ESG funds provided under this agreement shall be used solely for the
purpose of providing services to persons, families or households with incomes
within the income limits described in the Federal Emergency Solutions Grant
Interim Rule at 24 CFR Parts 91 and 576.
Grantee shall only provide ESG services to persons, families or households
residing within the State of Missouri.
Grantee acknowledges and agrees that the Missouri Housing Development
Commission ("MHDC") as the administrator of the ESG program forthe State of
Missouri will have the right, in its discretion to conduct site visits of grantee to
ensure grantee is in compliance with the terms and conditions of the ESG
program. As such, grantee agrees that it will open all books and records to
MHDC related to its performance of ESG services under this agreement and will
accommodate and cooperate with MHDC on any site visits MHDC may which to
conduct with grantee including all site visits which MHDC may elect to conduct
subsequent to the termination or expiration of this agreement.
Grantee must keep and maintain all records related to the ESG program until the
later of (i) the date upon which all audit findings (if applicable) have been
resolved to the satisfaction of grantor and/or MHDC, or (ii) the date which is
seven (7) years from and after the date of the last disbursement or delivery of
ESG funds to grantee.
EX 5-2
Grantee shall enroll in and actively use the E -Verify program (or other approved
federal work authorization program) administered by the U.S. Department of
Homeland Security, and shall provide evidence of its participation to grantor in
such form as grantor may require.
Grantee shall comply with all federal, state and local laws prohibiting
discrimination in housing on the grounds of any legally protected status including
but not limited to race, color, religion, national origin, age, sex, gender, sexual
orientation, disability, familial status, or veteran status.
Grantee shall disclose to grantor all allegations of discrimination under Title VI of
the 1964 Civil Rights Act, as amended, and under Title VIII of the 1968 Civil Rights
Act, as amended, commonly known as the Fair Housing Act. of 1968. Such
disclosure shall be made in writing within fifteen (15) days of the receipt of such
allegation.
In the event the grantee is a not-for-profit agency, grantee board members must
abstain from voting on any funding proposal relating to this Agreement, in which
they have administrative control or a monetary interest. Board members who
have such an interest and participate in discussion prior to a vote must disclose
such interest in a meeting of the board prior to such discussion.
In accordance with state and federal laws and regulations, state executive order
or regulations, the grantee certifies that it presently has no interest and shall not
acquire any interest, directly or indirectly, which would conflict in any manner or
degree with its performance of the ESG services. The grantee further agrees that
no person having such interest shall be employed or conveyed an interest,
directly or indirectly, in this agreement:
The grantee shall comply with the Fair Labor Standard Act, Equal Opportunity
Employment Act, any other federal and state laws, rules, regulations and
executive orders to the extent that these may be applicable.
The grantee shall only utilize personnel who are appropriately qualified and
licensed or certified, as required by state, federal or local law, statute or
regulation, respective to the services to be provided through this agreement,
and shall provide documentation of such licensure or certification upon request.
Grantee shall only employ personnel authorized to work in the United States in
accordance with applicable federal and state laws. This includes but is not
limited to the Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA) and INA Section 274A.
- If the grantee is found to be in violation of this requirement of the
applicable state, federal and local laws and regulations, and if the State of
FX 5-3
Missouri has reasonable cause to believe that the grantee has knowingly
employed individuals who are not eligible to work in the United States,
grantor shall have the right to cancel the agreement immediately without
penalty or recourse. In addition, the Missouri Housing Development
Commission ("MHDC") shall have the right to suspend or debar the
grantee from doing business with MHDC (whether in the capacity as a
direct grantee or as a sub -grantee of funds administered by MHDC).
The grantee shall agree to fully cooperate with any audit or investigation
from federal, state or local law enforcement agencies.
The grantee certifies by signing this agreement that any amendment signature
page(s) that neither the grantee, nor any of its principals (owners, directors and
others as defined by 45 CFR Part 76) are presently debarred, suspended,
proposed for debarment, declared ineligible, voluntarily excluded from
participation, or otherwise excluded from or ineligible for participation under
any state or federal assistance programs.
- In the event the grantee or any of its principals become suspended or
debarred during the term of this agreement, the grantee shall
immediately send written notification to grantor.
Suspension or debarment of the grantee, or failure by the grantee to
provide written notification of such suspension or debarment to grantor,
may result in immediate termination of this agreement, the required
repayment of any ESG Funds disbursed to grantee after such time as the
grantee was first obligated to provide notice hereunder, and any other
actions as grantor may deem appropriate in its discretion.
The grantee is determined a sub -recipient of funding for the Emergency
Solutions Grant. Under this designation, the grantee shall comply with the
requirements of OMB Circular A-133.
The grantee shall make all reports prepared in accordance with the requirements
of OMB Circular A-133 available for inspection by representatives of grantor,
MHDC or DSS during normal business hours.
The grantee shall comply with all federal and state statutes, regulations and
executive orders relating to nondiscrimination and equal employment
opportunity to the extent applicable to this Agreement. These include, but are
not limited to:
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color, or national origin (this includes
individuals with limited English proficiency) in programs and activities
receiving federal financial assistance and Title VII of the Act which
EX 514
prohibits discrimination on the basis of race, color, national origin, sex, or
religion in all employment activities;
Equal Pay Act of 1963 (P.L. 88 -38, as amended, 29 U.S.C. § 206 (d));
Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§
1681-1683 and 1685-1686) which prohibits discrimination on the basis of
sex;
- Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794) and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et
seq.) which prohibit discrimination on the basis of disabilities;
- The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101-6107)
which prohibits discrimination on the basis of age;
Equal Employment Opportunity- E.O. 11246, "Equal Employment
Opportunity", as amended by E.O. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity";
The Pro -Children Act of 1994 (PL 103-227) regarding environmental
tobacco smoke;
Missouri State Regulation, 19 CSR 10-2.010, Civil Rights Requirements; .
Missouri Governor's E.O. #94-03 (excluding article II due to its repeal);
- Missouri Governor's E.O. #05-30; and
- The requirements of any other nondiscrimination federal and state
statutes, regulations and executive orders which may apply to the
services provided under the agreement.
Pursuant to 24 CER 576.405, the grantee shall ensure participation of homeless
persons in policy-making and operations of the program.
Pursuant to 24 CFR 576.406, the grantee shall ensure that religious or faith -
based organizations are eligible for program participation on the same basis as
any other non-profit organization.
- The grantee shall ensure that participating faith -based organizations do
not engage in inherently religious activities, such as worship, religious
instruction or proselytization as a part of programs or services funded
under the ESG programs.
- In the event a faith -based organization conducts inherently religious
activities, such activities must be offered separately in time or location
from the programs or services funded under the ESG program and
participation in these programs must be voluntary for clients and not a
condition for participation in the ESG. Grantee must ensure that each
client served under the ESG program signs a form to be retained in the
client's file indicating that the client has been made aware that he/she is
not obligated to participate in or otherwise attend any religious services
or other activities as a condition of receiving assistance under the ESG
program.
EX 5-5
Faith -based or religious organizations may carry out their missions,
including the definition, practice and expression of religious beliefs,
provided that no ESG funds or Housing Opportunities for Persons with
AIDS (HOPWA) funds are used to support any inherently religious
activities. Organizations may use space in their facilities to provide ESG
services without removing religious art, icons, scriptures or other
religious symbols.
Faith -based and religious organizations may not discriminate against a
program beneficiary or prospective program beneficiary on the basis of
religion or religious belief.
In the event a faith -based grantee receives non-ESG funding from its ESG
funder to supplement its ESG activities, the faith -based grantee shall
have the option to segregate or co -mingle these funds. In the event such
funds are co -mingled, all requirements of paragraph 3.8.4 shall apply to
all such co -mingled funds.
Pursuant to 24 CFR 576.407(b), the grantee shall ensure that it utilizes
affirmative outreach as required herein.
The grantee must make known that use of the facilities, assistance, and services
are available to all on a non-discriminatory basis regardless of any particular
race, color, religion, sex, age, national origin, familial status, or disability who
may qualify for those facilities and services.
The grantee must take appropriate steps to ensure effective communication and
accessibility to persons with disabilities.
Consistent with Title VI and Executive Order 13166, the grantee must ensure
meaningful access to persons with limited English proficiency (LEP).
The grantee shall comply with:
- environmental review responsibilities required pursuant to 24 CFR 50 for
any ESG-funded activities;
- section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act, regarding procurement of
recovered materials;
the Uniform Relocation Assistance And Real Property Acquisition Policies
Act of 1970 (URA) 42 USC 4601-4655, 49 CFR part 24, 42 USC 3601, and
section 504 of the Rehabilitation Act (29 USC 794) regarding
displacement, relocation, acquisition, and appeals (CFR 576.408); and
requirements of 24 CFR Parts 5, 200, 203, 236,400, 570, 574, 882, 891,
and 982 regarding equal access to housing in HUD programs regardless of
sexual orientation, gender identity, or marital status.
EX 5-6
The grantee shall comply with the requirements of the Single Audit Act
Amendments of 1996 (P.L.104-156) and Circular A-133, including subsequent
amendments or revisions, as applicable or 2 CFR 215.26 as it relates to for-profit
hospitals and commercial organizations. A copy of any audit report shall be sent
to MHDC, upon MHDC's request. The grantee shall return to grantor any funds
disallowed in an audit of this Agreement.
If the grantee is a sub -recipient as defined in OMB Circular A-133, Section 210,
the grantee shall comply with all applicable implementing regulations, and all
other laws, regulations and policies authorizing or governing the use of any
federal funds paid to the grantee through this agreement.
In performing its responsibilities underthis agreement, the grantee shall fully
comply with the following Office of Management and Budget (OMB)
administrative requirements and cost principles, as applicable, including any
subsequent amendments:
- Uniform Administrative Requirements: A-102 - State/Local Governments;
2 CFR Part 215 - Hospitals, Colleges and Universities, For -Profit
Organizations (if specifically included in federal agency implementation),
and Not -For -Profit Organizations (OMB Circular A-110); and
- Cost Principles: 2 CFR Part 225, State/Local Governments (OMB Circular
A-87); A-122 - Not -For -Profit Organizations; A-21- Colleges and
Universities; 48 CFR Part 31, For -Profit Organizations; 45 CFR Part 74,
Appendix E — Hospitals.
The grantee shall comply with 31 U.S.C. § 1352 relating to limitations on use of
appropriated funds to influence certain federal contracting and financial
transactions. No funds under this agreement shall be used to pay the salary or
expenses of the grantee, or agent acting for the grantee, to engage in any
activity designed to influence legislation or appropriations pending before the
United States Congress or Missouri General Assembly. The grantee shall comply
with all requirements of 31 U.S.C. § 1352 which is incorporated herein as if fully
set forth. The grantee shall submit to grantor, when applicable, Disclosure of
Lobbying Activities reporting forms.
EX 5-7