HomeMy WebLinkAboutOrd.1544.06-06-1994 BILL NO. 94-128 ORDINANCE NO. i���`�`��
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
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.
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PASSED AND APPROVED THIS ��.� �� DAY OF �_ `�1��� , 19 `�`
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A. . Spradling, III, or
ATTEST:
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Gayle L. Conrad
Deputy City Clerk
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EMERGENCY SHELTER GRANT PROGRAM CONTRACT
���� FFY 94
This contract made by and between the Division of Family Services (hereinafter
referred to as the "Division") and the C1tY of Cape Girardeau
(hereinafter referred to as the "Contractor") , shall be as follows:
1. This contract shall become effective for services delivered beginning Ma.y 13, 1994
and shall continue in force through May 12. 1995 unless altered by mutually
accepted written amendment in which case, the effective dates specified in said
amendment, shall control, and all parties acknowledge time is of the essence.
2. The Contractor agrees that its application and certifications submitted in response to
the Emergency Shelter Grant Program, and identified ,herein as Exhibit A, shall be an
integral part of this contract and 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 $ 22,000 of which $8,450 (Wd1VeY-2,550�
shall be local funds from the sources identified in Exhibit A and of which
$ 11,��� 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) .
MO 886-2488 (Rev 5/94)
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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) .
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. All parties agree to comply .with the 1964 Civil Rights Act, as amended; Section 504 of
the Rehabilitation Act of 19.73;..the Age_-Discrimination Act of 1975; the Omnibus
Reconciliation Act of 1981 and the Americans with Disabilities Act of 1990 and all
other applicable Federal and State laws which prohibit discrimination in the delivery
of �services�on the basis of race, color, national origin, age, sex,
handicap/disability or religious bel.ief. . Fuzther, all parties agree to comply with
Title VII of the Civil Rights Act of `1964 which prohibits discrimination in employment
on the basis of race, color, national origin, age, sex, handicap/disability and
religious beliefs. The Contractor further agrees to insert the provisions of this
paragraph in any and all subcontracts.
12. The Contractor agrees to allow reasonable and timely `site visits by the Division and
further agrees to make available upon request any records required to be maintained by
this contract. The Contractor shall require appropriate identification and/or `
documentation of authority of all persons making site visits.
13. The Contractor shall be responsible for any personal injury or property damage
lfability, losses, costs, or expenses proximately caused by or resulting from the
negligent acts or omissions of the Contractor or any of its officers, employees, or ;Y-
subcontractors in the performance of this contract. The doctrine of comparative
fault shall be used to allocate and determine the respective negligence, if any,' of'�
the parties hereto. However, these provisions of this contract are intended solely �
for the benefit of the parties hereto; nothing in this contract will be deemed to
� ,conatitute � waiver of the sovereign immunity,of the State of Missouri, the .`°�
, �_
Contractor, the Department of Social Services, or the Division with respect to any
third-party plaintiff. „=,:-. � -
14. 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
Divfsion, 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.
15. The Contractor may subcontract for the services included in this contract provided
that any subcontracts include appropriate provisions and contractual obligations to
ensure the succeseful fulfillment of all contractual obligations agreed to by the
Contractor and the Division.
16. 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:
MO 886 2488 (Rev 5/94�
-- statement of assets and liabilities; �
-- statement of changes in financial position;
-- consolidated statement of revenues and �expenditures plus supplemental achedules
for the Emergency Shelter Grant Program;
-- fund balance statement; and
-- verification of reported performance.
17. The Contractor agrees to comply with all policies, guidelines, and requirements of 24
CFR Part 44, 24 CFR Part 85, 24 CFR Part 576 and 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.
18. 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-existinq homeless prevention activities from any other
source.
19. 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 motels or commercial
facilities providing transient housing.
20. The Contractor agrees to comply with the provision of 24 CFR 576.80 concerning the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
21. The Contractor agrees to comply with the provisions of 24 CFR 576.80 concerning
minimizing the dieplacement of persons as a result of a project assisted with these
funds.
22. The Contractor agreea 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 agreemeht.
23. The Contractor shall comply with the provisions of Section 319, Public Law 101-121 and
Section 1352, Title 31 of the United States Code, related to prohibitions on lobbying
and, in conjunction with this contract, certifies the following:
23.1 No Federal appropriated funds have been paid or will be paid by or on behalf of
the contractor, to any person for influencing or attempting to influence an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
23.2 If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence any officer or employee
of any agen�cy, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this contract, grant, loan or
cooperative agreement, the contractor shall complete and submit Federal Standard
Form LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
23.3 The-contractor shall require that the language of paragraphs 23 through 23.3 be
included in the award documents for all subawards at all tiers (includinq
aubcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
24. Termination of this contract may occur, with or without cause, prior to the date
agreed upon by the parties herein in the following manner:
24.1 It is understood and agreed upon that in the event funds from local, state and
federal sources are not obtained and continued at an aggregate level sufficient
to allow for the purchase of the indicated quantity of services the obligations
of each party hereunder shall thereupon be terminated immediately upon receipt of
written notice.
24.2 It is further understood and agreed that either party at any time, without cause,
upon thirty (30) days' written notice, may terminate this contract.
24.3 It is further understood and agreed that either party at any time may, with cause
related to adequacy of performance, terminate this contract immediately by
written notice.
24.4 Any written notice of contract termination shall be sent by certified mail, first
class, poatage paid, and notice shall be effective upon deposit in the mail.
IDENTIFYING INFORMATION ,
Name & Title of Contact Person Federal Employer ldentification No.
Stephen S. Williams 43-6000593
Housing Assistance Coordinator
Mailing Address (P.O. Box or Street, City, State, Zip) Telephone
P. O. Box 617 314-334-8326 �
Cape Girardeau, M0 63702-0617 �
______________________________________________________________________________________i:--
IN WITNESS THEREOF, THE DIVISION AND THE CONTRACTOR HEREBY EXECUTE THIS CONTRACT: '
c
Arized Representative of the Contractor Director, Division of Family Services
City Manager May 25, 1994
Title Date Date
[SEAL]
ATTESTATION:
Signature - Clerk, Custodian of the Seal
MO 886-2488 (Rev 5/94�