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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 _;�� � :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 : � � c _ � L Assistant City Attorney