87-1669 WHITE - CITV CLERK
PINK - FINANCE C I TY OF S I NT PAU L Council.
CANARV - DEPARTMENT
BLUE - MAVOR File �O. �/���
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Coun il es t ' n -
Presented By
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Referred To_ -Committee: Date
Out of Committee By Date
RESOLVED, that the proper City Officials re hereby authorized and directed to
execute an agreement with the Minnesota D partment of Health,
WHEREBY, the City will administer the spe ial supplemental food program for
Women, Infants and Children (WIC), a copy of which is to be kept on record and
on file in the Department of Finance and anagement Services.
COUIVCILMEN
Yeas ��� Nays Requested by Department of:
Nico�ia �� (n Favor
1Rettman
Scheibel � _ Against BY ^
Sonnen
Weida
� ��V � 8 �87 Form prove by it torne
Adopted by Council: Date �-
Certified Pa s y uncil S et BY
By
A►ppr v by Mavor. D t �� � � �(71 Appro d y Mayor for Submis 'on to out c�i�T�-'
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Pl!£;t��� � . : � t��::'
Community Services -D�PARTI�NT ��/�9 N� _ �64�g
Gary J� Pechmann � CpNTACT
292-7711 PHONE
Qctober 14, 1987 DATE ��� e Q
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SIGN NUNB ER fOR ROUTING- ORDER C1i Al1 Locati ns for Si ature :
� Department Director 3 Director of Management/Mayor �
� Finance and Management Services Director � 4 City Clerk
Budget Directo� 5 City Council
City Attorney
AT WILL BE ACHIEVED BY TAKING ACTION ON THE AT ACHED MATERIALS? (Purpose/
Rationale) :
Resolution to allow City signatures on an agre nt between the:City of Sa�ir�t Paul through
its Division of Public Health and the Minnesot Department of Health. tln.der terms of this
agreement, the Uivision of Public Health will minister. a special supp t� ��jfoad pro.gram
for Women, Infants and Children (WIC) for Rams County.
2� ��� pCT 211987
o� .r'-- .
COST BENEFIT BUDGETARY AND PERSONNEL IMPACTS AN ICIPATED: � MA�4�S OFF�CE
Funding for the program varies from quarter to uarter: Anticipated rant award for the
period October l, 1987 through September 30, 19 8 is estimated to be �614,552. 19.4 FTEs
are suppctrted by the budget. .
FINANCING SOURCE AND BUDGET ACTIVITY NU�ER CHAR D OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of 'Transaction; Approximatel $614,552 quired if .under
- a,o,000)
Funding Source: NM nnesota Department of He lth
Activity Number: 33247 • .
I�TTACHMENTS (List and Number Al1 Attachments) :
1. Agreement - original and 5 copies
2. Resnlution -
qEPARTMENT REVIEW CITY ATTORNEY REVIEW � �
Yes No Council Resolution Re uired? ' Resolution Re uired? (i'Pes No
� 4 .. q
Yes No Insurance Required? Insurance Sufficitnt? Yes No ��
Yes No Insurance Attached:
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(SEE �REVERSE SIDE FOR I RIJCTIONSj �
Revised 12/84
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AG EEMENT FOR THE
ADMINISTRATION OF THE PECIAL�SUPPLEMENTAL FOOD PROGRAM
� � FOR WOMEN INFANTS AND CHILDREN
� � �( IC�PROGRAM) �
This agreement by and between the Minn ota Department of Health (hereinafter
State Agency) and S� Paul Division of ublic Health, (hereinafter Loca1 Agencyl is
made in order to admi�nister the Minneso a Special Supplemental Food Program fo� �Women,
Infants and Children thereinafter WIC rogram). � � -
WHEREAS, the State Agency, pursuant to Minnesota Statutes 144.0742, is authorfzed
to enter into contractual agreements f r the provision of statutorily prescribed
public health services, and WHEREAS th U.S. Department af Agriculture (hereinafter
U.S.D.A.) has promulgated the �Code of Fe eral Regulations, Title 7, Part 246, under
Section 17 of the Child Nutrition Act f 1966 (42 U.S.C. 1786), to carry out the
WIC Program, and WMEREAS; the Local Ag ncy represents tha� it is duly qualified
and willing to perform the services se forth herein.
•NOW, THEREFORE, it is agreed:
1. The Local Agency shall administer a WIC Program within its designated service
area in an efficient and effective anner and in compliance with applicable State
Rules, policies and procedures, 7 FR Part 246, 7 CFR Part 3015 and U.S.D.A.
guidelines and instructions. The� L cal Agencyts Appi�ication for the Administra-
• tion of a Local WIC Pro3ect, Octobe 1, 1987, to September 30, 1989, as may be
amended by agreement between the pa ties, is hereby made a part of this Agreemen�
The Loca1 Agency agrees to:
a. Obtain written consent from the State Agency prior to implementing any
� changes to the Local Agency WIC Pragram as described in the Local Agencyts
Application for the Administrat on of a Local WIC Pro,ject, October 1, 1987,
to September 30, 1989. .
b. Have a competent professional a thority on staff and the facilities and
equipment necessary to perform IC Program certification procedures.
c. Determine eligibility and certi y persons eligible for the WIC Program
according to established certif cation procedures, document certification
actions on the certification fo m provided by the State Agency, provide WIC
Program benefits on a timely ba is to certified persons, and reassess eligi-
bility at the prescribed interv ls.
d. Make available appropriate heal h services to WIC Program particlpants_ and
inform applicants of the health services which are available.
e. Provide nutrition education se ices to WIC Program participants in accord-
ance w ith State Rules, pol icies and procedures, 7 CFR Part 246.11, U.S.D.A.
guidelines and instructions, an the Local Agency Nutrition Education Plan.
. �� j_r�
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f. Operate the Minnesota WIC. Progr m Automated Food Delivery and Management
Information System in aecordanc with State Rules, policies and procedu�es,
including establishing and main aining accountability and inventory controls
over WIC food vouchers.
g. Reimburse the State Agency for ayments which may be made to the ixal
Agency pursuant to Paragraph 3 a) of this Agreement for costs found to
be improper, unallowable, or un ocumented as the result of an audit, re�
view, or other examination; and for the cashed value of any WIC Program
food vouchers which may be stol n from or lost by the Local Agency or
issued by the Local Agency to p rsons other than properly certified WIC
Prog�am participants or their a thorized proxies.
h. Maintain complete, accurate, d umented and current program and fiscal
records and files, in accordanc with State financial management require-
ments, Rules, policies and proc ures, 7 CFR Part 246 and 7 CFR Part 30I5,
including source documentation o support WIC Program actfvities and ex-
penditures made under the terms of this Agreement.
i. Submit by the twentieth (20th) f each month the Claim for Reimbursea�ent/
Report of Expenditures form, wh ch shall include: a summary of the funds
actually expended during the re ort period by budget line item, the amount
of funds currently obligated, t e amount of funds expended and obligatsd
and the value of in-kind servic s contributed related to nutrition edu-
cation, and the amount of WIC P ogram cash on hand.
f. Submit by the seventh (7th) of ach month the Monthl�y Participation Report.
k. Provide access to authorized re resentatives of the State Agency, U.S.D.A.,
the U.S. General Accounting Offi e, State Legislative Auditor, or any of
their duly authorized agents, t all records, files and documentatfon
related to this Agreement for p rposes of inspection, auditing or copying.
1. Maintain on file and have avail le for review, audit and evaluation a11
crtteria used for certification, including information on the area served,
income standards used, and speci ic criteria used to determine nutrftional
risk.
m. Comply with Title VI of the Civi Rights Act of I964, Title IX of the
Education Amendment of 1972, Sec ion 504 of the Rehabiiitation Act of
1973, and 7 CFR Parts 15, 15a, nd 15b, to ensure that no persan is
discriminated against irt employ ent practices or in the delivery of WIC
Program benefits on the grounds of race, color, national origin, age, sex
or handicap.
n. Obtain wrltten consent from the tate Agency prior to the assignment or
transfer of any interest in this Ag�eement, except that claims for money
due or to become due to the Loca Agency from the State Agency may be
assigned to a bank or other fina cial institution without such approval.
Subcontractors shall be held to he same standards as the Lxal Agency.
o. Assure that no interest exists, irectly or indirectly, wfiich could con-
flict in any manner or degree wi h the performance of services required
to be performed under this Agree ent.
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2. The Local Agency agrees to obtain a inancial and compliance audit as
follows:
a. If the Local Agency receives tot 1 direct and indirect federal assis-
tance of:
i. E100,000 or more per year, t e Local Agency agr�es to obtain a
financial and compliance aud t made in accordance with the Single
Aud1t Act of 1984 (P.L. 98-5 2) and Office of Management and Budget
tOM6) Circular A-128. The 1 w and clrcular provide that the audit
shall cover the entire opera ions of the Local Agency or, at the
option of the Local Agency, t may cover departments, agencies or
establishments that received expended, o� otherwise administered
federal financial assistance during the year. However, if the Local
Agency receives E25,000 or re in General Revenue Sharing Funds in
a fiscal year, it shall have an audit of its entire operations.
ii. between 525,000 and �100,000 per year, the Local Agency agrees to
obtain either -
(a.) a financial and compli nce audit made in accordance with the
Single Audit Act of 19 4 and OMB Circular A-128, or
(b.) a financial and compli nce audit of all federal funds. The
audit must determine w ether the Local Agency spent federal
assistance funds in ac ordance with applicable laws and regu-
lations and the audit ust be made in accordance with any
federal laws and regul tions governing the federal programs
the Local Agency parti ipates in.
b. Audits shall be made annually un ess the Local Agency has, by January
1, 1987, a constitutional or sta utory requirement for less frequent
audits. For such a Lxal Agency, the State Agency shall permit biennial
audits, covering both years, if he Local Agency so requests. The State
Agency shall also honor a reques for a biennial audit by a Local Agency
that has an administrative polic calling for audits less frequently than
annually, but only for fiscal ye rs beginning before January 1, 1987.
c. The audit shall be made by an in ependent auditor. An independent audi-
tor is a state or local governme t auditor or a public accountant who
meets the independence standards specified_ in the General Accountfng
Office�s p
Activities, and Functions.
d. The audit report shall state tha the audit was performed in accordance
with the provisions of OMB Circular A-128. The audit report shall include:
i. The auditor�s report on fina ial statements and qn a schedule of �
federa� assista�ce; the fina cial statements; and a schedule of
federal assistance, showing he total expenditures for each federal
assistance program as identi ied in the Cataloa of Federal Domestic
Assistance. Federal program or grants that have not been assigned
a catalog number shall be id ntified under the caption "other federal
assistance."
, _ _ _ . ,. _._. . _
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ii. The auditor�s report on the tudy and evaluation of fnternal control
systems must identify the Lo al Agency�s significant iRternal ac-
counting controls, and those controls designed to provide reason-
able assurance that federal rograms are being managed in compliance
with laws and regulations. It must also identify the controls that
were not evaluated, and the aterial weaknesses identified as a resujt
of the evaluation.
fiii. The auditor's report on comp tance containing:
(a.) a statement of positiv assurance rrith respect to those items
tested for compliance, including compliance with law and regu-
lations pertaining to inancial �eports and claims for advances
and reimbursements;
(b.) negative assurance on hose items not tested;
(c.) a summary of all insta ces of noncompliance;
(d.) an identification of t tal amounts questioned, ff any, for each
federal assistance awa d, as a result of noncompliance; and
te.) a statement on the sta us of corrective action taken on prio�
findings.
In addition to the audit report, the Local Agency shall provide conr�nents
on the findings a�d recommendati ns in the report, including a plan
for corrective actio� taken or p anned and comments on the status of
corrective action taken on prior findings. If corrective actiort is not
necessary, a statement describin the reason it is not should accompany
the audit report.
e. The Local Agency agrees that the State Agency, the Legislative Auditor,
and any independertt auditor desi nated by the State Agency shall have
such access to the Local Agency� records and financial statements as
may be necessary for the State A ency to comply with the SingTe Audit
Act and OMB Circular A-128.
f. Required audit reports must be f led with the Office of the State Auditor,
Single Audit Division and state gencies providing federal assistance,
within six months of the Local A ency�s fiscal year end. If a federal
cognizant audit agency has been ssigned fbr the Local Agency, copies of
required audit reports will be filed with that agency alsa
3. In accordance with the provisions of Minnesota Statutes, 1981 Supplement
Section 176.182, the State Agency af irms fihat the Local Agency has provided
acceptabie evidence of compliance wi h the worker�s compensation insurance
coverage requirement of Minnesota S atutes, 1981 Supplement, Section 176.181,
Subdivision 2.
4. The State Agency agrees to:
a. Provide payment for services not to exceed an amount established in written
grant letters, which upon execut on by the Canmissioner of Health shall be
a part of this Agreement. Such ayment for services shall be contingent
upon receipt of funds from U.S.D A. and a properly submitted Claim for Reim-
bursement/Report of Expenditures from the local Agency. �
. � �;�-y 7 ir��r
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b. Provide advance payments, not t exceed an amount'equal to one month of
annual expenditures authorized nder Paragraph 3 (a) and conttngent upon
the State Agency�s receipt of f nds from U.S.D.A., when requested by the
Local Agency. Suc.h advance pay e�ts shall be returned to the State Agency
at the end of the Federal Fisca Year, or when the State Agency determines
that advance payments are no lo ger needed or the services for which
advance payments were made wer not satisfactorily rendered.
c. Make payments from Federal fund obtained by the State Agency through
Section 17 of the Child Nutrit on Act of 1986 E42 U.S.C. 1786). If at a�y
time sueh funds become unavaila le, this Agreement shall be terminated
immediately upon w ritten notic of such fact by the State Agency to the
Local Agency. In the event of uch termination, the Local Agency shall be
entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
d. Provide technical assistance an consultation to enable the Local Agency
to establish and administer a W C Program.
e. Provide appropriate forms and m terials necessary to establish and
administer a WIC Program.
f. Provide copies of 7 CFR Part 24 , the Minnesota WIC Program Operatiorts
Manual, applicable State Rules, policies and procedures, and other in-
structions and guidelines on a imely basis necessary to establish and
administer a WIC Program.
g. Designate the State WIC Adminis rator as its authorized agent for the pur-
poses of administration of this greement. Such agent shall have final
ar�thority for acceptance of the ocal Agency�s services, and if such ser
vices are accepted as satisfact ry, shall so certify on each Claim for
Reimbursement/Report of Expendit res submitted pursuant to Paragraph 3 (a}.
5. The terms of this Agreement shall be as follows:
a. This Agreement shall be effectiv on October I, 1987, and shall remain in
effect until September 30, 1989. The expiration of this Agreement is not
sub�ect to appeal.
b. Neither the State Agency nor the Local Agency has an obligation to renew
this Agreement.
c. This Agreement may be amended by agreement between the parties.
d. This Agreement may be cancelled y the State Agency or the Local Agency
at any time, with or without cau e, upon sixty days written nottce to
the other party.
e. Upon termination or in the event of cancellation, all finished or un-
finished docume�ts, data, studie , surveys, drawings, maps, models,
photographs, reports, etc., prep red by the Local Agency and related
to and funded in part or whole b the State Agency, shall, at the option
of the State Agency, become its roperty.
f. Payment shall be made for servic s satisfactorily performed pursuant to
this Agreement to the effective ate of tennination or cancellation.
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IN WITNESS WHEREOF, the parties have cause this agreement to be duly executed
intending to be bound thereby.
APPROVED:
1. LOCAL AGEIVCY:. � 2. STATE AGENCY:
� (Two Officers m e� " �
/ � _ . ,
BY: c,� �.. - ��9� , �' BY: _. _. . __._
� � . -- � - - - --
TITLE.� �, ! .� � '���;' . � T E:
,l _ _ ---.. . - - --- -----_
DATE: !1J G .� J DATE:
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As to form and execution by the:
BY= 3. ATTORNEY GENERAL:
TITLE: Ma o . . .: . .. . _ . _ . _
.. _ ... _ . _......
BY:
DATE: DATE: . _ _ . . - - -- - -- -. _ _ . _ _ _
BY:
4. COMMISSIONER OF ADMINISTRATION:
. .. � ... .... . . . . _ . - - _
TITLE:Director, Department of BY:
Finance & Management Services (Authorized Signatu�e)
_ . _ .. , _...._. . _. . . -- �
DA'rE: DATE: �
APP AS T O
✓ �
Assistant Cit Attorney
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AGENUA IT MS -------------------------------- �d �����
ID#: f392 1 DATE REC: [10/22/381 AG NDA DATE: [00/00/00] ITEM #: [ ]
SUBJECT: [AGREEMENT W/MINN. DEPT. OF HEALT - CITY ADMINISTER WIC PROGRAM ]
STAFF ASS I GNED: [ f`� � 4 ���, ] S I G:[ Qfi-j OUT-[ ] TO CLERK��8� /�/o
ORIGINATOR:[COMMUNITY SERVICES ] CONTACT:[PECHMANN - 292-7711 ]
ACTION:[ ]
C ]
C.F.# [ ] ORD.# [ ] FILE COMPLETE="X" [ ]
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FILE INFO: [RESOLUTION/AGREEMENT (6 COPIES) ]
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