85-1503 WHITE - CITY CLERK
PINK - FINANC�E G I TY OF SA I NT PAU L Council ���yyJ►►►
CANARV - DEPARTMENT Flle NO.---- -�� ��
BLUE - MAVOR
C� il Resolution
Presented y
Referred To � Committee: Date � �`°�y" �
Out of Committee By Date
RESOLVED, that the proper City officials are hereby
authorized and directed to ea�ecute an Agreement with the State of
Minnesota, Minnesota Department of Health, whereby the City shall
administer a WIC Program (Women, Infants and Children
Supplemental Food Program) within its designated service area
according to the terms of the said Agreement, a copy of which is
to be kept on file and of record in the Department of Finance and
Management Services.
COUIVCILMEN Requested by Department of:
Yeas �rQ� Nays
Masanz � (n Favor
Nicosia
Scheibel
Sonnen _ AgSinst jl'�Y '
Tedesco
W i Ison
No�� - � ts85 Form A roved y City orne
Adopted by Council: Date �
Cerlified Pa.s Council , et BY
By
A►ppr b M vor: Da e ' N�V � 8 � Approved by Mayor for Submi to Council
4�' �
By . ,5p;, n ' � `
F�;�>`.�;;:;�:� ��ia�;,� 1 � 1485
Corrmunity Services DEPARTMENT �A�i�� Np 31
Co11een Geary Carter CONTACT
292-7724 PHONE �
October 7 , 1985 DATE �� ,. e
ASSIGN NUM�ER FOR ROUTING ORDER Cli All Locations for Si n ure :
�Department Director Director of Management/Mayor
$ Finance and Management Services Director �}$City Clerk
�Budget Director ,' Cha.ir, Finance/Management and Personnel
G_ ��*�• "}' � � City Council Cmt.
�
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
Reso1ution authorizing a contract between the Minnesota Department of Health and the City of
Saint Paul through its Divi�sion of Public Hea1th for the �rlministration of a WIC Program within
its designated service area. � ���� RECEIVE
��.j L�� D
���9f �� OCT10 �
S
COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: °'��'i��, ��1y ATTORNEY
Funding for the first quarter (October 1 throwgh Decem�er 31 , 1985) is $134,706. Funding for
the remaining quarters has not yet been determined.
No personnel impacts are anticipated; however approximately 23 people are funded out of this
grant.
FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of Transaction: �134,706 (lst quarter only) quired if under
$10,000)
Funding Source: Minnesota Department of Health
Activity Number: 33247
ATTACHMENTS (List and Number All Attachments) :
1. Agreement - original and five copies
2. Reso1ution
DEPARTMENT REUIEW CITY ATTORNEY REVIEW
Yes No Council Resolution Required? Resolution Required? Yes No
Yes No Insurance Required? Insurance Sufficient? Yes No
Yes No Insurance Attached:
(SEE REVERSE SIDE FOR INSTRUCTIONS)
R sed 12/84
. ���.s-isa3
� ,;�, 1� � CITY OF SAINT PAUL
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:s;;�;;ii;'iii OFFICE OF TAP CITY COUNCZL
�On1i111�t�� ���Ort . �
F':i�.an�e, �iana�ementt � Per�onnel C�mmitte�.
a
October 31, 1985
1. Approval of minutes from meeting held October 25, 1985. �°PRoJ�
�
2. Resolution amending the 1985 budget by decreasing $40,000 from Financing Plan
and adding $8,600 to�the�RS�endiog Plan ,�or�Alarm Lice��se�Arctiuities �, Penalties.
��6,su� o�
3. Ordinance and accompanying resolution allowing the transfer of benefits, equal
to benefits in St. Paul, from any public system to St. Paul in cases of
unclassified appointments. f�PP(�OV�,
4. Ordinance amending Chapter 26 of the Admin. Code pertainino to mandatory � ��
retirement for employees in the uniformed division of the Fire Dept.�►w�-�� EQ�f��D�
5. Resolution amending the 1985 budget by adding $I,500 to the Financing Plan and
Spending Plan for City Clerk's Office-Electians �, Voter Registration. PrPP�v�
6. Resolution amending the 1985 budget by transferring $10,000 from Contingent�
Reserve to Public Works-'I`raffic Operations F� Ma.intenance. F�P��
7. Resolution amending the 1985 budget by transferrzng $3,600 from Contingent
Reserve to General Govt. Accounts-Citizen Committee Restricted Parking. �°��
8. Resolution amending the 1985 budget by transferring $7,235 from Contingent
Reserve to PED-PED Contribution. ��Jfr.D.
9. Resolution amending the 1985 budget by transferring -�'r}-8�}�, from Contingent
Reserve to Police Dept.-Buildings/Maintenance. �¢d '� �6��7S.00 �P�vS�,�,
� 10. R�olution.,aa�hqrizi.ng an agreement with .�he State Dept. `af ,Nealth wher�by the
Ci�ty wil� �a�,t�_r��.��a��WIC Program (Women,� Infants F "Children Supplemental
Food Program.) ��t'�'�r,D r �
CITY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102
�46
�� ��—�S� 3
AGREEMENT FOR THE
ADMINISTRATION OF THE SPECIAL SUPPLEMENTAL FOOD PROGRAM
FOR WOMEN, INFANTS AND q-IILDREN
(WIC PROGRAM)
This Agreement by and between the Minnesota Department of Health (hereinafter
State Agency) and St. Paul Division of Public Health, (hereinafter Local
Agency) is made in order to administer the Minnesota Special Supplemental
Food Program for Wanen, Infants and Children (hereinafter WIC Program).
WHEREAS, the State Agency, pursuant to Minnesota Statutes 144.12, is empowered
to adopt reasonable rules for the preservation of the public health, and WHEREAS
the U.S. Department �of Agriculture (hereinafter U.S.D.A.) has pranulgated the
Code of Federal Regulations, title 7, Part 246, under Section 17 of the Chfld
Nutrition Act of 1966 (Public Law 95-627 and amendments thereto), to carry out
the WIC Program, and VYHEREAS, the Local Agency represents that it is duly
qualified and willing to perform the services set forth herein.
NOW, TH EREFORE, it is agreed:
1. The Loca1 Agency shall administer a WIC Program within its designated
service area in an efficient and effective manner and in compliance with
applicable State Rules, policies and procedures, 7 CFR Part 246, 7 CFR
Part 3015 and U.S.D.A. guidelines and instructions. The Local Agency�s
Application for the Administra�ion of a Lacal WIC Pro3ect, October 1, 1985
to September 30, 1987, as may be amended by agreement between the parties,
is hereby made a part of this Agreement. " �
The Local Agency agrees to:
a. Obtain written consent fran the 5tate Agency prior to implementing any
changes to the Local Agency WIC Program as described in the Local Agency's
Application for the Administration of a Local WIC Pro,�ect, October l,
1985 to. September 30, 1987.
b. Have a canpetent professional authority on staff and the facilities and
equipment necessary to perform WIC Program certification procedures.
c. Determine eligibility and certify persons eligible for the WIC Program
according to established certification procedures, document certification
actions on the certification form provided by the State Agency, provide
WIC Program benefits on a timely basis to certified persons, and reassess
eligibility at the prescribed intervals.
d. Make available appropriate health services to WIC Program participants
and inform applicants of the health services which are available.
e. Provide nutrition education services to WIC Program participants in
accordance with State Rules, policies and procedures, 7 CFR Part 246.11,
U.S.D.A. guidelines and instructions, and the Local Agency Nutrition
Education Plan.
. � C�� �s:�3
f. Operate the Minnesota WIC Program Autanated Food Delivery and Management
Infonnatfon System in accordance with State Rules, policies and pracedures,
including establishing and maintaining accountability and inventory controls
over WIC food vouchers.
g. Reimburse the State Agency for payments which may be made to the Local
Agency pursuant to Paragraph 3 (a} of this Agreement for costs fourtd ta
be improper, unallowable, or undocumented ;as the result of an audit, re-
view, or other examination; and for the c�shed value of any WIC Program
food vouchers which may be stolen fran or lost by the Local Agency or
issued by the Local Agency �o persons other than properly certified WIC
Program participants or their authorized proxies.
h. Maintain canplete, accurate, documented and current program and fiscal
records and �i1es, in accordance with State financial management require—
ments, Rules, policies and procedures, 7 CFR Part 246 and 7 CFR Part 30I5,
including source documentation to support WIC Program activities and ex—
penditures made under the teRns of this Agreement.
i . Submit by the seventeenth (17th) of eaeti"month the Claim for Reimbursementf
Report of Expenditures form, which shall include: a summary of the funds
actually expended during the report period by budget line item, the amount
of funds currently obligated, the amount of funds expended and obligated
and the value of in—kind services contributed related to nutritian edu—
cation, and the amount of WIC Program cash on hand.
j . Submit by the seventh (7th) of each month the Monthly Participation Report.
k. Provide access to authorized representatives of the State Agency, U.S.D.A.,
the U.S. General Accounting Office, State Legislative Auditor, or any of
their duly authorized agents, to all records, files and dacumentation
related to this Agreement for purposes of inspection, auditing or copying.
1 . Maintain on file and have available for review, audit and evaluation all
criteria used for certification, including infonnation on the area served,
income standards used, and specific criteria used to determine nutritional
risk.
m. Canply with Title VI of the Civil Rights Act of 1964, Tttle IX of the
Education Amendment of 1972, Section 504 of the Rehabilitation Act of
1973, and 7 CFR Part 15, to ensure that �o person is discriminated against
in employment practices or in the delivery of WIC Program benefits on the
grounds of race, color, national origin, age, sex or handicap.
n. Obtain written consant from the State Agency prior to the as5ignment or
transfer of any interest in this Agreement, except that claims for money
due or to becane due to the Local Agency fran the State Agency may be
assigned to a bank or other financial institution without such approval .
Subcontractors shall be held to the same standards as the Local Agency.
o. Assure that no interest exists, directly or indirectly, which could con—
flict in any manner or degree with the perform anca of services requjred
to be performed under this Agreement.
. ����-�,so�
2. The Local Agency agrees to obtain a financial and canpliance audit as
follows:
a. If the Local Age�cy receives total direc�t and indirect federal assis-
tance of:
i. $100,000 or more per year, the Local Agency agress to obtain a
financial and canpliance audit made in accordance with the Single
Audit Act of 1984 (P.L. 98-502) and Office of Management and Budget
(OMB) Circular A-128. The law and circular provide that the aud�t
shall cover the entire operations of the Local Agency or, at the
option of the Local Agency, it may cover departments, agencies or
establishments that received, expended, or otherwise administered
federal financial assistance during the year. However, if the Local
Agency receives �25,000 or more in General Revenue Sharing Funds in
a fiscal year, it shall have an audit of its entire operations.
ii. between $25,000 and $100,000 per year, the Local Agency agrees to
obtain either -
(a.) a financia7 and canpliance audit made in accordance with the
Single Audit Act of 1984 and OMB Circular A-128, or
(b.) a financial and canpliance audit of all federal funds. The
audit must determine whether the Local Agency spent federal
assistance funds in accordance with appltcable laws and regu-
lations and the audit must be made in accordance with any
federal laws and regulations governing the federal programs
the Local Agency participates in. ` - -
b. Audits shall be made annually unless the Local Agency has, by January
1, 1987, a constitutional o� statutory requirement for less frequent
audits. For such a Local Agency, the State Agency shall permit biennial
aud3ts, covering both years, if the Local Agency so requests. The State
Agency shall also honor a request for a biennial audit by a Local Agency
that has an administrative policy calling for audits less frequently than
annually, but only for fiscal years beginning before January 1, 1987.
c. The audit shall be made by an independent auditor. An independent audi-
tor is a state or local government auditor or a public accountant who
meets the independence standards specified in the General Accounting
Office's Standards for Aydit of Governman±al Orqanitationc, Pro�ramG�„
Activities, and Functions.
d. The audit report shall state that the audit was perfonried in accordance
with the provisions of OMB Circular A-128. The audit report shall include:
i . ,The auditor's report on financial statements and on a schedule of
� federal assistance; the financial statements; and a schedule of
federal assistance, show9ng the total expenditures for each federaT
assistance program as identified in the Catalog of Federal Dames ic
Assistance. Federal programs or grants that have not been assigned
a catalog number shall be identified under the caption '�other federal
assistance."
. �,/��5-/,�b3
ii . The auditor's report on the study and evaluation of internal contral
systems must identify the Local Agency's significant i�ternal ac-
counting controls, and those controls designed to provide reason-
able assurance that federal programs are being managed .in canpliance
with laws and regulations. It must also identify the controls that
. were not evaluated, and the material weaknesses identified as a result
of the evaluation.
iii . The auditor's report on canpliance containing:
;
(a.) a statement of positive assurance' with respect to those jtems
tested for canpliance, including compliance with law and regu-
lations pertaining to financial reports and claims for advances
and reimbursements; `
(b.) negative assurance on those items not tested;
(c.) a summary of all instances of noncanpliance;
td.) an identification of total amounts questioned, if any, for each
federal assistance award, as r�esult of noncanpliance; and
(e.) a statement on the status of corrective action taken on prior
findings. `' �
In addition to the audit report, the Local Agency shall provide ccmments
on the findings and recarnnendations in the report, including a plan
for corrective action taken or planned and comments on the status of
corrective action taken on prior findings. If correct�ve action is not
necessary, a statement describing the reason it is not should accanpany
the audit report. ,
e. The Local Agency agrees that the State Agency, the Legislative Auditor,
and any independent auditor designated by �the State Agency shall have
such access to the Local Agency�s records and financial statements as
may be necessary for the State Agency to canply with the Sfingle Audit
Act and OMB Circular A-128.
f. Required audit reports must be filed with the Off�ce of the S�ate Auditor,
Single Audit Division and state agencies providing federal assistance,
within six months of the Local Agency's fiscal year end. If a fede�al
cognizant audit agency has been assigned for the Local Agency, copies of
required audit reports will be filed with that agency also.
3. The State Agency agrees to:
a. Provide payment for services not to exceed an amount established in written
grant letters, which upon execution by the Commissioner of Health shall be
a part of this Agreement. Such payment for se rvices shail be conttngent
upon receipt of funds fran U.S.D.A. and a properly submitted Claim for Re�m-
bursement/Report of Expenditures fran the Local Agency.
b. Provide advance payments, not to exceed an amount equal to one month of
� annual expenditures authorized under Paragraph 3 (a) and contingent upan
the State Agency's receipt of funds from U.S.D.A., when requested by the
Local Agency. Such advance payments shall be returned to the State Agency -
, C'����sb3
at the end of the Federal Fiscal Year, or when the State Agency determines
that advance payments are no longer needed or that the services far which
advance payments were made were not satisfactorily rendered.
' c. Make payments fran Federal funds obtained by the State Agency through
Section 17 of the Child Nutrition Act of 196"6 (Public Law 95-627 and
amendments thereto) . If at any time such fu�ds becane unavailable, this
Agreement shall be terminated irtvnediately upon written notice of such fact
by the State Agency to the Local Agency. In the event of such termination,
the Local Agency shall be entitled to payme�t, determined on a pro rata
b.asis, for se�vices satisfactorily performed.
d. Provide �echnical assistance and consultation to enable the Loca1 Agency
to establish and administer a WIC Program.
e. Provide appropriate forms and materials necessary to establish and admi-
nister a WIC Program.
f. Provide copies of 7 CFR Part 246, the Minnesota WIC Program Operations
INanual, applicable State Rules, policies and procedures, and other in-
structions and guidelines on a timely basis necessary to establish and
administer a WIC Program.
g. Designate the State WIC Administrator as its authorized agent for the pur-
poses of administration of this Agreement. Such agent shall have final
authority for acceptance of the Local Agency's services, and if such ser-
vices are accepted as satisfactory, shall so certify on each Claim for
Reimbursement/Report of Expenditures submitted pursua�t to Paragraph 3 (a}.
4. The tenns of this Agreement shall be as follows: �
a.. This Agreement shall be effective on October 1, 1985, and shall remain in
effect until September 30, 1987. The expiration of this Agreement is not
sua,ject to appeal .
b. Neither the State Agency nor the Local Agency has an obligatiort to �enew
this Agreement.
c. This Agreement may be amended by agreement between the parties.
d. This Agreement may be cancelled by the State Agency or the Local Agency
at any time, with or without cause, upon sixty days written notice to
the other party.
e. Upon terminatian or in the event of cancellation, all finished or urt-
finished documents, data, studies, surveys, drawings, maps, models,
photog�aphs, repo rts, etc., prepared by the �ocal Agency and related
to .and funded in part or whole by the State Agency, shall, at the option
of the State Agency, become its property.
f. Payment shall be made for services satisfactorily perfoRrted pursuant to
this Agreement tQ the effective date of termination or cancellation.
. ll��,�i,Sa 3
IN '�IITNESS WHEREOF, the parties have caused this agreement to be duly executed
tntending to be bound thereby.
APF'ROVED: .
1. LOCAL AGENCY: 2. STATE AGENCY:
(Two Off; �
-. � BY:
. , .
81�� +
TITLE: :
TITLE: Mayor
DATE;
DATE: ID�/D-$S
As to form and execution by the:
BY. 3. ATTORNEY GENERAL:
Director, Department of Finance
TITLE: and Management SPr �i�A� — B1': -
, OATE: DATE:
��r� ,
� �
4. COMMISSIONER OF ADMINISTRATION:
BY: -
(Authorized Signature)
DATE:
APPROVED AS TO FORM :
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_ �
L
Assistant City Attorney