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HomeMy WebLinkAboutRes.2869.01-20-2015BILL NO. 15-14 RESOLUTION NO. 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 herAgfj.,�, I I PASSED AND ADOPTED THTS ATTEST: J0 Y&I AA Gayl L. Conrad, City Clerk Gill X44 '�G O ,v TA TA TIDE UNION ti AGREEMENT THIS AGREEMENT, made and entered into this day of 2015 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 -Six Thousand Four Hundred Dollars and No Cents ($46,400.00) 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, 2016. 5. The Community Caring Council agrees to comply with federal regulations applicable to Emergency Solutions Grant projects, including, but not limited 1 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 not 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 byAheir properly authorized representatives. CITY OF APE,GIRARDEAU i - J• City r 1 ATTEST: "A 01 1 ��� 01 SIA �1Conrad, City Clerk APPROVED AS TO FORM: X)V,J)44110#� W. 6dagkjnipdham, City Attorney 3 COMMUNITY CARING COUNCIL ---JZn1[ -1-�j /7q -�A-U , (Typed Name & Title of Signer) SUM. Lti DI^!'!i✓, :?IIC+f(r Oj LIIG' MISSOURI HOUSING D--cYEMPMENT CO"Y'SSION Jeremiah W. (Jay) Nixon Governor Peter lander Lieutenant Governor Clint Zweifel State Treasurer Chris Koster Attorney General Jeffrey S. Bay Chairman Troy L Nash Vice Chairman Greg L Roberts Secretary -Treasurer Bill Miller Commissioner Kip Stetzler Interim Executive Director Kansas City 3435 Broadway Kansas City, MO 64111 816-759-6600 Fax 816-759-6828 St. Louis 4625 Lindell, Suite 300 St. Louis, MO 63108 314-877-1350 Fax 314-877-1360 December 08, 2014 Scott A. Meyer City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 2015 Emergency Solutions Grant Application ESG Grant Number: 15-711-E Dear Mr. Meyer, Thank you for your 2015 application to the Emergency Solutions Grant Program. Your application has been approved in the amount of $139,781.11. Street Outreach $7,000.00 Emergency Shelter $36,181.11 Homelessness Prevention $46,400.00 Rapid Re -housing $46,400.00 HMIS Administration $3,800.00 Match Waiver MANDATORY training will occur on Wednesday December 17 2014 in Columbia MO During this training, your agency will receive grant agreements and all corresponding paperwork for your 2015 Emergency Solutions Grant Program, as well as receive guidance on the administration of your grant. It is highly recommended that your grant administrator(s) and program administrator(s) attend the training (i.e. the person(s) 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 Please RSVP at the following link by Wednesday, December 10'; 2014: http://events.constantcontact com/register/event?I Ir=mevwdyda b&oeidk=a07ea6k2v2g5a8eab7a If your agency requires application feedback, please contact Julie Smith at jpeacock@mhdc.com. All requests for feedback must be submitted via email on or before January 30, 2015. We look forward to working with you during this upcoming grant year. Sincerely, Sarah Parsons Community Initiatives Manager Missouri Housing Development Commission RIDER A ATTACHED TO AND MADE A PART OF EMERGENCY SOLUTIONS GRANT HOUSING SERVICES GRANT AGREEMENT GRANT No. 15-711-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) e. Authorized Signature Card (ESG-201) f. Certificate of Insurance g. Site 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 (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 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 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 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. 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 cards 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 client 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 consent form. 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 (if applicable) 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 $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. EX 5-1 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/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 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 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. EX 5-2 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 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 EX 5-3 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 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 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 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. - 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 5-5 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.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 under this 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 5-6