HomeMy WebLinkAboutRes.2866.01-20-2015BILL NO. 15-11
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE CATHOLIC
CHARITIES OF SOUTHERN MISSOURI, 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 Catholic Charities of Southern Missouri, 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 2015.
AZ -4 -\j
Harry E. Rediger, Mayor
ATTEST:
Gayl L. Conrad, City Clerk
! 1
1
AGREEMENT
THIS AGREEMENT made and entered into this ih day of
Jamar .4 2015 by and between the City of Cape Girardeau Missouri a
municipal corporation (hereinafter City ) and the Catholic Charities of Southern
Missouri (hereinafter Catholic Charities of Southern Missouri )
WITNESSETH
WHEREAS the City has received Emergency Solutions Grant Funds from the
Missouri Housing Development Commission and
WHEREAS the Catholic Charities of Southern Missouri 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 Catholic Chanties of Southern Missoun agrees as
follows
1 The Catholic Charities of Southern Missouri will provide the services outlined
in its proposal a copy of which is attached hereto and made a part of this
agreement
2 The Catholic Charities of Southern Missouri will provide all local cash and in-
kind match as outlined in its proposal
3 Upon presentation of proper documentation by the Catholic Charities of
Southern Missouri, the City will reimburse the Catholic Charities of Southern
Missouri for all costs not to exceed Forty Six Thousand Four Hundred
Dollars and No Cents ($46 400 00) incurred in providing services as outlined
in the Catholic Charities of Southern Missouri proposal In no event shall the
Catholic Charities of Southern Missouri be paid from any City funds other
than funds received by the City from the State of Missoun as part of an
emergency solution grant
4 Services provided under this agreement shall be completed no later than
March 31 2016
1
5 The Catholic Charities of Southern Missouri agrees to comply with federal
regulations applicable to Emergency Solutions Grant projects including but
not limited to conflict of interest equal employment opportunity Section 3
female employment affirmative action and lead-based paint prohibition
6 The Catholic Charities of Southern Missouri 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
Catholic Charities of Southern Missouri
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 I
exec • te -•;; r p e.erly authorized representatives
ejl" ` ��j�� CITY 0 IRARDEAU
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Y ` \\�1 �5 colt A Mey• r
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Ilo C� Mananer
HE UNIONd7 SEAL 'f
A e. if Uf (,()UUS
Gay141 Conrad City Clerk
APPROVED AS TO FORM
n ham City Attorney
CATHOLIC CHARITIES OF SOUTHERN MISSOURI
INA 0.u.r&TaHl0r Eye etc\vc—D1reCMr
(Typed Name & Title of Signer)
3
..IME.,21. _= December 09 2014
aixlillici Scott A Meyer i
sa _ City of Cape Girardeau
a--yn One c�eyq rt 401 Independence Street
MISSouPI HOUSING Cape Girardeau, MO 63703
Drvll O's.1 CO W19W I
2013 Emergency Solutions Grant Application
Jeremiah W
(Jay)Nixon ESG Grant Number 15 711 E
Governor
Dear Mr Meyer
Peter Kinder
L esnenan Governor
Thank you for your 2015 application to he Emergency Solutions Grant Program Your i
Clint Zweifel
application has been approved in the amount of$139 781 11 i
State Treasurer I
Street Outreach 57 000 00
Chris Koster I Emergency Shelter $36 181 11
Attorney General I Homelessness Prevention 546,400 00
Rapid Re housing $46 400 00 i
Jeffrey5 Bay HMIS
Chaim,' Administration $3 800 00
Match Waiver
Troy L Mash
Vice Clu4nn MANDATORY training will occur on Wednesday, December 12,_2014 in Columbia, MO
During this training your agency will receive grant agreements and all corresponding
Greg t Roberts paperwork for your 2015 Emergency Solutions Grant Program as well as receive
Srretary-Treasurer
guidance on the administration of your grant It is highly recommended that your grant
Bill Miller administrator(s)and program administrator(s)attend the training(i e the person(s)
eommiasioner responsible for maintaining client files submitting for reimbursement and maintaining
grant back up documentation)
_ _ Wednesday Stoney Creek inn
December 17 2014 2601 South Providence Road 8 30am-4 30pm
Columbia MO 65203
Kip Stetzler Please RSVP at the following link by Wednesday December10M 2014
Interim htto//events constantcontact cam/register/event'iii=mevwdydab&oeidk=a07ea6k2v2g5a8ea57,
Execvtwe Director
If your agency requires application feedback please contact Julie Smith at
Kansas City ,peacock@mhdc corn All requests for feedback must be submitted via email on or
3435 IR
Kansas Gty MO 6411_ before January 30 2015 We look forward to working with you during this upcoming B
616759-6500 grant year
Far&16-759-697P
Sincerely
St Louis
4675 outs t Suite 300 r y �
St bull MCI71 SO
�f}Y/t
316 677 1 SD i
Fax 314877 1350
Sarah Parsons
Communiy Initiatives Manager
Missouri Housing Development Commission
an
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RIDER A
ATTACHED TO AND MADE A PART OF
EMERGENCY SOLUTIONS GRANT
HOUSING SERVICES GRANT AGREEMENT
GRANT No 15-711 E
PROGRAM COMPONENT HOMELESSNESS PREVENTION
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 folio rang properly completed documents to MHDC prior to the distribution of any ESG Funds
a Executed Grant Agreement including all exhibits riders and a'tachments
b Affidavit of Workforce Eligibility
c MOU from E Verify
d Authorization Agreement for Pre Payments with voided check(ESG 200)
e Authorized Signature Card(ESG 201)
f Certificate of insurance I
g 5rte Contact Form(ESG 203)
3 Grantee agrees to collect create or cause to be created keep and maintain records which records shall be stored and kept
by Grantee pursuant to MHDC and DSS policies as well as ESG interim Rule Subpart F Grant Administration 24 CFR 576 500
(Recordkeepmg and Reporting Requirements) Required records shall be subject to Monitoring Activities and shall include
but are not limited to the following categories of documents i
a 14ritten Policies and Procedures for the administra ion of the ESG Program i
h Ve ifiouon of recipients name address and telephone number(proof of residence) I
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 vet-Manion for each program participant who receives homelessness prevention or rapid re housing
assistance longer than one year
f Copy if Income guidelines used to determine eligibility
g Habitability standards and Inspections if applicable(ESG 216)
h Rent reasonableness(ESG 217)
i Fair Market Rent documentation
f Receipt of ESG assistance completed by participants(ESG 212) I
k Verification of amount of assistance date and to v.hom paid
I Identification of all assistance by type amount and provider
m Lease requirement between participant and landlord
n Rental Assistance agreement between the non profit agency and the owner/manager or the rental property if
providing rental assistance
o Venfication 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 cards or proof of Social Security numbers for all members ar the household
s Documentation of the number of indniduals in the household
t Consent form stating that MHDC has the right to review client files and con act clients directly during the audit
process signed by client and agency representative(must use form ESG 209)
u. HMIS or comparable database consent form
✓ 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
✓ Pay period dates and a copy of pay stubs if funds tsed for salanes
y Proof of Social Secunty 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 Pa ts 91 and 576
Homelessness Prevention
Administration(If applicable)
EXHIBIT 5
REQUIRED TERMS AND CONDITIONS FOR SUB GRANT AGREEMENTS
I
Grantee is encouraged to ensure that any sub grant agreements entered into with sub grantees
obligate such sub grantees to the same terms and condi ions to which Grantee is bound under
this Agreement i
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 entenng into any sub grant
agreement with any sub-grantee the Grantee must ensure that all of the sub grant agreement i
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 E56 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 aavanced 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$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
as.,ets purchased with ESG Funds shall be utilized solely for the purpose of carrying out
the Housing Services
EX 5 1
I
I
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 s'ebsite
https //v ww onecpd inro/esg/ 1
Missouri s FY 2011 ESG Substantial Amendment which can be found at the
following website http//dss mo ga/fsd/esg/pdf/missoun emergency
solutions grant program substantial amendment pdf and
Missouri s ESG component of the FY 2012 Consolidated Plan
Grantee will maintain compliance with all requirements identified in 24 CFR 576 203
The ESG funds provided under this agreement shall be used solely for the purpose of i
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 for the 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
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 I
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
EX52
r
I
1
In the event the grantee is a not for profit agency grantee board members must abstain 1
from voting on any funding proposal relating to this Agreement in which they have i
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 i
i
In accordance with state and federal laws and regulations state executive order or i
regulations the grantee certifies that it presently has no interest and shall not acquire f
any interest directly or indirectly which would conflict in any manner or degree with its j
performance of the ESG services The grantee further agrees that no person having such E
interest shall be employed or conveyed an interest directly or indirectly in this i
agreement
i
I
The grantee shall comply with the Fair Labor Standard Act Equal O pportunity i
,
Employment Act any other federal and state laws rules regulations and executive i
orders to the extent that these may be applicable
The grantee shall only utilize personnel who areappropriately
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 I
such licensure or certification upon request I
Grantee shall only employ personnel authorized to work in the United States in I
accordance with applicable federal and state laws This includes but is not limited to the i
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 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 deoarred
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
EX 53
I
immediate termination of this agreement the required repayment of any ESC
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 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 4206(d))
Title IX of the Education Amendments of 1972 as amended(20 U 5 C§4 1681
1683 and 1685 1686)v,hich 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 0 11246 Equal Employment Opportunity'
as amended by E 0 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
Missoun Governors E 0 #94-03(excluding article II due to its repeal)
Missouri Governor s E 0 tl05 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 CFR 576 405 the grantee shall ensure participation of homeless persons ,
in policy making and operations of the program
EX 5-4
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 i
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 clients 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
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
EX 55
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
The grantee shall comply with the requirements of the Single Audit Act Amendments of
1996(P L104 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 1
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 i
In performing its responsibilities under this agreement the grantee shall fully comply i
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 USC § 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
LX 56