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HomeMy WebLinkAboutRes.3061.03-06-2017 BILL NO. 17-29 RESOLUTION NO. 940/ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY, FOR 2017 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 Salvation Army, for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS , DAY OFA16617 . Harry E. Rediger, Mayor ATTEST: 0lid a ,v 's -Bruce Taylaeputy City Clerk K„ y - o:oma-? _ t% Tut Ii UNION 111` S� II *--- AGREEMENT / THIS AGREEMENT, made and entered into this l "� day of AAtlbf , 2017 by and between the City of Cape Girardeau, Missouri, a municipal corporation (hereinafter "City"), and the Salvation Army (hereinafter "Salvation Army"). WITNESSETH: WHEREAS, the City has received Emergency Solutions Grant Funds from the Missouri Housing Development Commission; and WHEREAS, the Salvation Army 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 Salvation Army agrees as follows: 1. The Salvation.Army will provide the services outlined in its proposal, a copy of which is attached hereto and made a part of this agreement. 2. The Salvation Army will provide all local cash and in-kind match as outlined in its proposal. 3. Upon presentation of proper documentation by the Salvation Army, the City will reimburse the Salvation Army for all costs, not to exceed Seven Thousand Dollars and No Cents ($7,000.00) incurred in providing services as outlined in the Salvation Army proposal. In no event shall the Salvation Army 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, 2018. 5. The Salvation Army 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. 1 6. The Salvation Army 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 Salvation Army: 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. CITY OF t •E G 'RDEAU co' eyed. City Manager ATTEST: SI i NinUata ,4% Gay) . Conrad, City Clerk 1®� ��_. • sta teltkll. G:• cs rue UNION �C� APPROVED AS TO FORM: � _ { W. ri C nnin ham, City Attorney SALVATI• •• • ramwell E. iggins Secretary (Typed Name & Title of Signer) 3 December 9,2016 Lonneal Richardson if"n th'04,;rrrty Quality 00,10, The Salvation tion Army-Cape Girardeau i,1;S0 rRi 701.Good(lope Street Cape Glarardeau,MO 63703-6250 Jeremiah Mi. 2.017 Emergency Solutions Grant Application (Jay)lion FSG Grant Number,17-721-EBI Governor Peter Kinder Dear Mr. Richardson, Lieutenant Governor Thank you for year 2017 application to time Emergency Solutions Errant Program. Your Clint Zwelfel application has been approved In the amount of$7,000.00, State Treasurer Street Outreach $7,000..00 Chris Koster Emergency Shelter $0.00 Attorney General Homelessness Prevention $0.00 Rapid Re-housing $0.00 Jeffrey S.Bey fl lS $0.00 Chairman Administration $0.00 Troy L.Mesh Match Waiver $0. 00 Vice Chairman MANDATORY training will rrccar on Wednesday,January 10 and Tuesday,January 240 Your agency only needs to attend one f the two trainings offered, During the training, Greg L.Roberts your agency will receive.grant agreements and all corresponding paperwork for Secretary-Treasurer your 2017 Emergency Solutions Grant Programa,as well as,guidance on the administration of your Bill Miller grant."additional training registration details will be provided to contacts listed in the Commissioner applicatlon at a later date, Stoney Creek inn conference Center Wednesday,January wood Room .....,.... 16,2017 18001 Bass Pro Drive Independence,100 64055 Tuesday, Spencer Road Branch Ubrary January 24,2017 427 Spencer Road Rip tetzler St.peters,MO 63376 Executive Director Please nate that failure to submit a properly executed ESG grantagreement on or before Kansas City February 3,2017 will result In recapture of the total grant award,if your agency requires 920 main St,suite 1400 application feedback,please contact the program administrator Joselyn Rfliegier at Kanas city,M0 64105 jpfliegier@mhd'c,com on or before January 31, 2017. We look forward to working with you 316-759.6600 Fax 816.750-6878 during this upcoming grant year. St.Louis Sincerely, 505 N.71�Street 10th Floor,Suite 2000 St.Louis,MO 63101 %4M04W4-- 314-877-1350 Fax 314.077-1860 Sarah Parsons Community Initiatives Manager Missouri Housing Development C"onlmis ion RIDER A ATTACHED TO AND MADE A PART OF EMERGENCY SOLvrms GRANT HOUSING SERVICL,'s GRANT AGREREM,.hrr PROGRAM COMPOMMT:� STMET OUTREACH Additional Representations,Covenants and Warranties by Grantee: 1.. Grantee agrees that use of HMIS or a comparable database Is 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. Affidavit of Workforce Eligibility b., Authorization Agreement for Pre-Payments with voided check C, Authorized Signature Card d. Certificate of Insurance e. Executed Grant Agreement Including all exhibits,riders and attachments f, MOU frmn E-Verify g, Site Contact Form h. United Way 211 Registration Documentation 1. Written Standards:Certification and copy of all written Standards 3, Grantee agrees to collect,create or cause to be created,keep,and maintain,records,which records shall be stored arid kept by Grantee pursuant to MI-IDC and DSS policies as well as ESG Interim Rule Subpart F-Grant Administration 24 CFR 576,500 (Recordkeeping and Reporting Requirements)and agrees to require the same from Its sub-grantees 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. Documentation of Initial evaluation to determine the eligibility of each Individual or family's eligibility for ESG program c. Documentation of homeless status d. Documentation of services and assistance provided to each program participant e. Documentation that the provIsIon,of services or assistance are,ellglbie under the program component f. Documentation of compliance with termination of assistance requirement g, Documentation of use of local coordinated entry system,as available h. Documentation of case management services 1. Documentation of housing plan for stability in permanent housing j. Documentation of connecting participants to mainstream and other resources for supportive services k. Documentation of types of services and/or assistance provided and amounts spend on services and/or assistance L Documentation of source and use of contributions made to satisfy matching requirement rn. Supporting documentation for all costs charged'to ESG grant n. MHDC Consent Form#ESG-209 0. HMIS/comparable database consent form p. Documentation of Social' ecurity Number for all salary payments 4. Grantee agrees that Eligible Expenses will be limited to the costs Incurred by Grantee and Its sub-grantees to provide Housing Services as follows and further detailed in 24 CFR Parts 91 and SM * Street Outreach * Administration(If applicable) 35 RIDER B ATTACHE,D TO AND MADE A PART OF EMERGENCY SOLUTIom GRANT HOUSING SERVICES GRAmr A.GREEMENT IDENTITY OF INTEMES'll'RESTRICTIONS As a condition of receiving the FSG funds provided for under the grant agreement to which this Rider 6 is attached(the "Agreement"),the Grantee hereby acknowledges that no party having an Identity of interest with the Grantee may benefit from or receive payments of said FSG funds, Grantee further acknowledges that,in addition to MI-IDC's reliance on all other representations made to MHDC by the Grantee in the Applicartlon and in the Agreement,MFIDC's decision to award FSG funds to the Grantee has been made In r0lance upon the representations made by Grantee in this Rider B. For purposes of this Rider 6 and the Agreement,an"Identity of Interest"means any relationship which gives or would give the Grantee or any of Its agents control or influence over the amount(s)paid to any individual or entity supplying goods and/or services to the Grantee related to the purposes for which the Grantee Is receiving FSG funds under the Agreement, An Identity of Interest Is construed to exist when any of the following situations exist-, When (1)the Grantee or one of its ageilts;or(2)any officer or director of the Grantee or one of its agents,,or(3)any person who directly or Indirectly controls 10 percent or more of the voting rights,or directly or indirectly owns 10 percent or more of the Grantee or one of Its agents;Is also j1)the home owner,contractor,subcontractor,supplier or materialman;or(2)a person who directly or indirectly controls 10 percent or more of the contractor's, subcontractor's,supplier's or matedalman's voting rights,or directly or indirectly owns 10 percent or more of the contractor,subcontractor,supplier or materialman. For purposes of this definition,the term"person"Includes any tndlvldual,partnership,corporation,or other business entity, Any ownership,control or Interest held or possessed by a person's spouse,parent,child,grandchfld,brother or sister shall be,attributed to such person, By Its signature below,the Grantee attests to MHDC that It will ensure that no Individual or entity having an Identity of Interest with the Grantee sha�li�ro.a y benefit from the ESG funds provided for In the Agreement, Nariwell E. Higgins B (Signatei e) (Printed Name and Title) 40 EXHIBITS Ru,QUIREWrERMS AND CONDITIONS FOR SuB-GRANT AGREEMENTS Grantee Is encouraged to ensure that any sub-grant agreements entered Into with sub-grantee's obligaite such sub- grantees to the sarne 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, MFIDC 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 light 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.Grantee must provide Grantor a written request for approval expenditure In excess of$5,000,00,and must Include at least three(3) bids for any such expenditure. Failure to obtain prior approval'for expenditures in excess of$5,000.00 may result in a disallowance of the expenditure for,purposes of reimbursement from ESG Funds, 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 vtilIzed 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: httK)s://www.onecpd,infolesgl Missouri's ESG component of the FY 2013 Consolidated Plan and all associated Action Plans Grantee will maintain compliance with all requirements identified in 24 CFR 576,203 and set forth In Desk Guide. 46 The FSG 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 BSG services to persons,farnities or households residing within the State of Missouri', Grantee acknowledges and agrees that the Missouri Housing Development Commission("MHDC")as tine administrator of tile FSG 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 CSG program. As such,grantee agrees that it will open all books and records to MFIDC related to its performance of ESG services tinder this agreement and will accommodate and cooperate with MHDC on any site visits MFIDC 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 CSC;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 tinder 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 any such board member has 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 Housing 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 certiflcatlon upon request. 47 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 avid Immigrant Responsibility Act(IIRI'RA)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 riot 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("MI-IDC') 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 MI-IDC). - 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 princlpa.ls 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 the Uniform Guidance. The grantee shall make all reports prepared in accordance with the requirements of Uniform Guidance 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(PL 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; - Title Vill of the 1968 Civil Rights Act(as amended,the"Fair Housing Act"); - 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 H 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.0, 11375, "Amending Executive Order 11.246 Relating to Equal Employment Opportunity"'; 48 The Pro-Children Art of 1994(PL 3.03-227)regarding environmental tobacco smoke; Missouri State Regulation, 19:CSR 10-2,01.0,Civil Rights Requirements; Missouri Governor's F.Q.#94-03(excluding article 11 due to Its repeal); Missouri Governor's E.O.#05-30; and Executive Orders 11063 and 11246; Equal Access In Accordance with an Individual's Gender Identity in Community Planning and Development Programs(24 CFR Part 5)and Equal Access To Housing in IAUD Programs Regardless of Sexual Orientation or,Gender identity(24 CFR Parts 5,200,203,236,400,570, 574,891,and 982)(collectively,the"FIUD Equal Access Rules") 'rhe,affirmatively Furthering Fair Housing Rule at 24 CFR pails 5,91,912,et a,L; The affirmative fair housing marketing requirements at 24,0111 part 200,subpart M;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. Pursuant to 24 CFR 576,406,the grantee shall ensure that religious or falth-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 nota 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 beneficlary 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, Tile grantee must take appropriate steps to ensure effective communication and accessibility to persons with disabilities. 49 Consistent with Title V11 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 Flad:58 for any FSG_ funded activities,which shall Include submitting to MIIDC any and all docurnentation, required by IVIFIDC In MHDC's reasonable discretion that Grantee is In full compliance with any and all environmental review responsibilities Imposed upon Grantee pursuant to 24 CFR Part 58 with respect to any and all FSG-funded activities; - section 60102 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act,regarding procurement of recovered materials; and - 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). The grantee shall comply with tile requirements of Uniform Guidance,Including any and all subsequent amendments or revisions, as applicable.A copy of any audit report shall be sent to MHDC, upon MHDCs, 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 Uniform Guidance,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. The grantee shall comply with 31 U,S.0 §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.'rhe grantee shall submit to grantor,when applicable, Disclosure of Lobbying Activities reporting forms. so