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HomeMy WebLinkAboutOrd.1725.06-05-1995 . y BILL NO. 95-118 ORDINANCE NO. � ��� AN ORDINANCE ACCEPTING GRANT FUNDING FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES FOR AN EMERGENCY SHELTER GRANT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City hereby formally accepts a grant from the Missouri Department of Social Services for an emergency shelter grant for the Safe House for Women, Inc. and The Salvation Army for rehabilitation, operations, essential and preventive services. ARTICLE 2 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute all documents necessary to effectuate the grant agreement and the project. A copy of said Agreement is attached to this Ordinance and made a part hereof. ARTICLE 3. Pursuant to Section 3 . 15 of the Charter of the City of Cape Girardeau, Missouri, this measure is adopted as an emergency measure as it constitutes a Bill concerning the immediate preservation of public peace, property, health, safety or morals. Accordingly, this ordinance will take effect immediately upon its passage and approval. PASSED AND APPROVED THIS , � DAY OF ` � '� ' , 19 ��`..:_% . . . . A. M. Sprad ing, III, or ATTEST: ,., G(�-�/ '� Dep ,y City Clerk :/ a ���� ����...�.� ' � � � � � Contract No. ER0164 � � EMERGENCY SHELTER GRANT PROGRAM CONTRACT '�°� FFY 95 This contract made by and between the Division of Family Services (hereinafter referred to as the "Division" ) and the �lty of Cape �irardeau (hereinafter referred to as the "Contractor") , shall be as follows: 1. This contract ahall become effective for services delivered beginning Mdy 19, 1995 and shall continue in full force and effect through MdY 18, 1996 unless modified by a mutually acceptable and duly executed written amendment. 2. The Contractor agrees that its application and certifications submitted in r�'sponae to the Emergency Shelter Grant Program, and identified herein as Exhibit A, shall be a part of this contract as if said Exhibit A were set forth herein. The Contractor agrees to comply with all terms and conditions of the contract and Exhibit A. 3. Services rendered by the Contractor under this contract shall be limited to services to individuals or families who are homeless. "Homeless" shall mean those families and individuals who are poor and have no access to either traditional or permanent housing. 4. The Contractor shall determine and document the eligibility of each recipient of services under this contract. 5. The Contractor shall provide all services, as defined in Exhibit A, at a total contract cost not to exceed $ 37,000 of which $ 11,100 (partial Waiver) shall be local funds from the sources identified in Exhibit A and of which $ 18.500 shall be state funds. 6. The Contractor may, upon written request to the Division, receive a working advance of funds in an amount equal to either 30 days cash needs or $5000.00, whichever amount is greater. 7. The Contractor shall, within fifteen (15) working days following the last day of each calendar month, submit an invoice to the Division on forms approved by the Division for services rendered by the Contractor during such month. Such invoices shall include: 7.1 the Contractor's name and address; 7.2 the month for which services are being invoiced; 7.3 the cost of services incurred, by type of service; 7.4 the total cost of services incurred for that month; 7.5 the amount of the local share of the cost of services incurred; 7.6 the amount of the state share of the cost of services incurred and for which payment is requested from the state; and 7.7 the total number of individuals receiving services during the month. 8. The Contractor agrees to submit to the Division, in a format approved by the Division, and not later than 30 days after the state obligates the funds, an interim performance report which indicates the amount of funds obligated for each of the four categories of eligible activities described in 24 CFR 576.21 (a) , (1) , (2) , (3) , and (4) . 9. The Contractor shall submit, at the same time when reporting under paragraph 8, certification of the amount of local matching funds committed for this contract as required by 24 CFR 575.51 (b) (2) (ii) . MO 886-2488(rev 1/95) 10. The Contractor agrees that the amount of reimbursement due from the Division for the contract period shall not exceed the amount identified as "state funds" in paragraph 5 above. 11. The Contractor shall obtain an annual audit of the services contracted herein. The audit shall be made in accordance with generally accepted auditing standards and is due within six months after termination or expiration of the contract. The audit should contain, at minimum, the following schedules: -- statement of assets and liabilities; -- statement of changes in financial position; -- consolidated atatement of revenues and expenditures plus supplemental schedules for the Emergency Shelter Grant Program; -- fund balance statement; and -- verification of reported performance. 12. The Contractor agrees to keep and maintain adequate, legible, genuine, current and complete records of services rendered under the terms of this contract, in a form and manner acceptable to the Division, and to make available all such records to the Division, or its designated representatives, for a period of five (5) calendar years following the expiration of this contract. Contractor agrees that failure to comply with this provision shall be deemed a material breach of the contract and to repay to the Division all amounts received for any services which are not adequately verified and fully documented by the Contractor's records. Adequate verification and full documentation shall mean that the Contractor's records are such that an orderly examination by a reasonable person is possible and can be conducted without the use of information extrinsic to the records and that such an examination can readily determine that the Contractor's reported services were, in fact, provided; that the recipients were eligible; when the services were provided; to whom the services were provided; and the extent or duration of services. 13. The Contractor agrees to comply with all policies, guidelines, and requirements of 24 CFR Part 44, 24 CFR Part S5, 24 CFR Part 576 and OMB Circular No. A-87, as they relate to the acceptance and use of emergency shelter grant amounts by states and units of general local governments; and OMB Circulars No. A-110, A-122, and A-133 as they relate to the acceptance and use of emergency shelter grant amounts by private nonprofit organizations. 14. The Contractor agrees to comply with the provisions of 24 CFR 576.21 (a) (4) (ii) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will not supplant funding for pre-existing homeless prevention activities from any other source. 15. The Contractor agrees to comply with the provisions of 24 CFR 576.51 (b) (2) (v) concerning the funding of emergency shelter in hotels or motela or commercial facilities providing transient housing. 16. The Contractor agrees to comply with the provision of 24 CFR 576.80 concerning the Uniform Relocation Assistance and Real Property Acguisition Policies Act of 1970. 17. The Contractor agrees to comply with the provisions of 24 CFR 576.80 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 18. The Contractor agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as applicable under Section 104 (g) (1) of the Housing and Community Development Act of 1974 with respect to funds provided under this grant agreement. MO 886-2488 (rev 1/951 . . 19. The Contractor agrees to allow reasonable and timely site vieits by the Division and further agrees to make available upon request any records required to be maintained by this agreement. The Contractor shall require appropriate identification or documentation of authority of all persons making site visits on behalf of the Division. 20. The Contractor shall cooperate fully with respect to collecting information and documentation for evaluation, performance and audit purposes. 21. All parties agree to comply with the 1964 Civil Rights Act, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Omnibus Reconciliation Act of 1981, as amended; the Americans with Disabilities Act of 1990, as amended; and all other applicable Federal and State laws which prohibit discrimination in employment and in the delivery of services on the basis of race, color, national origin, age, sex, handicap, disability or religious belief. � 22. The Contractor shall be solely responsible for any personal injury or property damage, liability, losses, costs, or expenses proximately caused by or resulting from the negligent acts or omissions of the Contractor or any of its officers, employees, subcontractors, or representatives in the performance of this agreement. The Division shall be solely responsible for any personal injury or property damage, liability, losses, costs, or expenses proximately caused by or resulting from the negligent acts or omissions of the Division or any of its officers or employees in the performance of this agreement. Nothing in this agreement will be deemed to constitute a waiver of the sovereign immunity of the State of Missouri, or the Division. 23. All Contractor employees, officers, subcontractors, and representatives shall maintain and preserve the confidentiality of information and documentation as is required pursuant to State law and Division regulations. The Division reserves the right to require that all Contractor employees, officers, subcontractors, and representatives execute a separate, detailed confidentiality agreement. 24. The Contractor acknowledges and certifies that the Contractor is currently in compliance with, and shall continue to comply with, Title 31, of the United States Code, as amended, as well as all other applicable Federal and State laws and regulations addressing lobbying and political contributions. 25. Pursuant to Article VII, Section 6 of the Constitution of the State of Missouri, as well as all other applicable Federal and State laws and regulations, the Contractor acknowledges and agrees that the money provided by the Division pursuant to this agreement shall not be used to promote or further nepotism. 26. In the event the Contractor contracts with any other party to effectuate the terms of this agreement, the contract between the Contractor and said other party, shall incorporate by reference and specify that said other party is currently in compliance with, and shall continue to comply with, paragraph 4 and paragraphs 12 through 26 detailed herein. 27. Termination of this agreement may occur prior to the date agreed upon by the parties herein in the following manner: 27.1 In the event funds from local, State and Federal sources are not obtained and continued at an aggregate level sufficient to allow for the performance of this agreement, the obligations of each party hereunder shall thereupon be terminated immediately upon receipt of written notice. � 27.2 Either party at any time may, without cause and upon thirty (30) days' written notice, terminate this agreement. MO 886-2488 (rev 1/95� 27.3 Either party at any time may, for cause related to adequacy of performance, terminate this agreement immediately upon receipt of written notice. 28. Any written notice of agreement termination shall be sent by certified mail, first class, postage paid, and said notice shall be effective upon deposit with the U.S. Postal Service. CONTRACTOR IDENTIFYING INFORMATION Name & Title of Contact Person (Please print) Federal Employer ldentification No. Mailing Address (P.O. Box or Street, City, State, Zip) Telephone No. r IN WITNESS WHEREOF, THE DIVISION AND THE CONTRACTOR HEREBY EXECUTE THIS CONTRACT: Authorized Representative of the Contractor Director, Division of Family Services Title Date Date [SEAL] ATTESTATION: Signature - Clerk, Custodian of the Seal <1-10-95) MO 886-2488 �rev 1/95�