275610 WNI7E - CITV CLERK
PINK - FINANCE GITY SAINT PAUL Council ����'�.�
CANARV - DEPARTMENT �
BLUE - MAVOR File NO.
i Resolution
,
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the proper City officials are hereby authorized and
directed to execute an Agreement with the State of Minnesota, Department
of Public Welfare, whereby the State will purchase outreach and health-
related services from the City's Nutrition Program for the period June 1, 1980
through September 30, 1980; the City to be paid a sum not to exceed $31,346.30
by the State.
COUNCILMEIV Requested by Department of:
Yeas Nays �
Hunt Community Services
Levine IR FBVOi
Maddcx J
McM�!,,,� _ __ Against BY
ShoUi<�;e�
SEP 9 ���� Form Ap roved by t tt rne
Adopte �ouncil� Date c� �
Ce ified P . ed by Council Secretary BY
By c..�
�lpproved vor: Date 0 Appro by Mayor f S mission to ncil
By _ BY �'
pUCsLISNED SEP Z�
. - � ���.�
PURCNASE OF SERVICE AGREEMENT
The Department af P�blic Welfare, Bureau of Income Maintenance, Centennial
Office Building, St. Paul , Minnesota, 55155, hereafter referred to as the
"Department" , and St. Paul Division of Public Health, hereafter r'eferred to
as "Contractor" , enter into this agreement for the period from June 1 , 1980
to September 30, 1980.
!�lITNESSE�H
WHEREAS, the Contractor is an approved vendor by the Department to provide
� Educational Assistance, Employability, and Information and Referral Services
to persons; and
WHEREAS, the Department wishes to purchase such program services from the
Contractor and is authorized to do so pursuant to Minn. Statutes 256.01 ,
subd. 2(1 ) and 256.011 .
NOW, THEREFORE, in consideration of the mutual understandings and agreements
set forth, the Department and Contractor agree as follows:
1 . Purchase of Service:
a. As specified in the Federal Register of January 31 , 1977, 45 CFR
Part 228, the Indo-Chinese Migration and Refugee Assistance Act of 1975, and
the Minnesota Comprehensive Annual Services Program Plan, and Title XX of
the Social Security Act, and the attached exhibits, the Department agrees
to purchase and the Contractor agrees to furnish the following:
(1 ) Outreach Services including: activities to familiarize refugees
or providers with available health services.
(2) Health Related Services as follows: information, referral to
appropriate resources; assistance in scheduling appointments and
obtaining services; and counseling to individuals or families to
help them understand and identify their health needs and maintain
or improve their health.
Also, that portion of administrative expenditures incurred by the Contractor in
; providing Purchased Services to eligible clients shall be purchased by the -
Department pursuant to Exhibit A, (Budget) attached hereto and incorporated by
reference.
b. Contractor shall , in writing within 10 days, notify Department
whenever it is unable to, or going to be unable to; provide the required
quality or quantity of Purchased Services. Upon such notification, Depart-
ment and Contractor shall determine whether such inability �will require a �
modification or cancellation of the contract.
. , - . ���� 1 l�
� 2. Cost and Delivery of Purchased Services :
a. The total amount to be paid for such Purchased Services shall not
exceed $31 ,346.30. The unit cost for providing the services to reimbursabie
eligible clients shall be paid on a Cost Reimbursement basis (monthly gross
expense, until $31 ,346.30 is reached) . Written verification shall be given
to the Department at the time of billing. .
b. Purchased Services will be provided at health clinics; community
centers, homes, and hospitals in Ramsey, Washington, and Dakota Counties.
3. Eligibility for Services:
a. The parties understand that the services provided by 3 Health
Interpretor Assistants, 1 Clerk-typist, and 1 Nutritionist are being
purchased by the Department and furnished by the Contractor.
b. The translation services will meet the needs of the Vietnamese,
Cambodian, Laotian, and Hmong Nationalities.
c. The Contractor shall not sign a fee for program funded services.
4. Delivery of Care and Services:
a. Except as otherwise provided herein, Contractor shall maintain in
all respects its present control over the autonomy with respect to:
(1 ) The application of its intake procedures and requirements to clients.
(2) The methods, times, means, and personnel for furnishing Purchased
Services to eligible clients.
(3) The determination of when to terminate the furnishing of Purchased
Services to eligible clients. .
b. Nothing in this agreement shall be construed as requiring Contractor
to provide or continue Purchased Services to or for any eligible client
pursuant to Sections 1 . b. and 14. b. of this Agreement.
5. Payment for Purchased Services:
a. Certification of Expenditures: The Contractor shall , within 15
working days following the last day of each calendar month, submit a Standard
Invoice (For Social Services Purchased) to the Department. The invoice shall
indicate total program and administrative expenditures for providing services
to eligible clients.
b. �ay�rnent: The Cepartment shall , within 30 days of the date of the
receipt of the Invoice, make payment to the Contractor.
_ . - � � � � ��� /�
6. Audit and Record Disclosures:
a. Allow personnel of the Department and the Department of Health,
Education and Welfare, access to the Contractor's records at reasonable
hours in order to exercise their responsibility to monitor the services.
b. hlaintain records for. three years for audit purposes at the St. Paul
Division of Public Health. .
7. Safeguard of Client Information:
The use or disclosure by any party of information concerning an eligible
client in violation of any rule of confidentiality or for any purpose not
directly connected with the administration of the Department's or Contractor's
responsibility with respect to the Purchased Services hereunder is prohibited
� except on wr�tten consent of such eligible clients, his/her attorney or
his/her responsible parent or guardian.
7he Gontractor shall comply with the provisions of the Minnesota GovernnRent
Data Practices Act, Minn. Stat. 15.1611 to 15.1698 and 45 CFR 228.10.
8. Grievances•
The contractor shall establish a system through which recipients of
translation services may present grievances about the operation of the service
program. Whenever any applicant or recipient presents a grievance or requests
a fair hearing, the Contractor shall make arrangements to attend such grievance
or to provide such hearing through its regular hearing procedures.
9. Anti-Discrimination Clause:
The Contractor shall not, on the grounds of age, religion, race, color,
physical or mental handicap, national origin or sex (a) deny any program
participant to segregation or to separate treatment in any matter related to �
any service or other benefit provided hereunder: (b) restrict any program
participant in any way with respect to advantages or privileges enjoyed
by other program participants receiving any service or benefit provided
hereunder; (c) treat any program participant differently from other
program participants in determination whether reimbursement eligibility
conditions or other requirements or conditions of eligibi]ity for services
or other benefits provided hereunder have been met; (d) deny any program
participant an opportunity to participate in any service or benefit pravided
hereunder.
Further, the contract shall :be performed consistent witn Minn. Statutes
181 .59 { 1978}.
10. Equal Employment Opportunitv Clause:
Title VII of the Civil Rights Rct of 1964 (USC 20QOd). .
During the performance of this Agreement, the PROVIDER agrees as �
follows:
. . � ��� � a
a. The Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, age,
physical or mental handicap, or national origin. The Contractor shall
take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without discrimination because of
their race, color, religion, sex, national origin, age, or physical or
mental handicap. Such action S�hall include, but not be limited •to, the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees
and applicants for empToyment, notices to be provided by the Department
setting forth the provisions of this Equal Opportunity clause.
b. The Contractor shall state, in all solicitations or advertisements
. for employees placed by or on behalf of the State, that all qualified
applicants will receive consideration for employment without regard ta race,
color, age, physical or mental handicap, religion, sex, or national origin.
c. The Cantractor shall send to each labor union ar representative or
workers with which he/she has a collective bargaining agreement or other
contract or understanding a notice to be provided by the AGENCY advising the
labor union or workers' representative of the Contractor's commitments under
the Equal Opportunity clause, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
d. The Contractor shall comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations,and relevant
ord2rs of the Secretary of Labor.
e. The Contractor shall furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules, regulations,
and order of the Secretary of Labor, issued pursuant thereto and will permit
access to his books, records, and accounts by the Department and by the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
f. In the event of Contractor noncompliance with the Equal Opportunity
clause of this contract or with any of the said rules, regulations, or orders,
this contract may be cancelled, terminated, or suspended, in whole or in
part, and the Contractor may be declared ineligible for further government
contracts in accordance with procedures authorized in Executive Order No. 11240
of September 24, 1965, and such other sanctions as may be imposed and remedies
invoked as provided in said Equal Opportunity clause or by rule, regulation; or
order of the Secretary of Labor, or as otherwise provided by law.
11 . Bonding, Indemnity and Insurance Clause: �
a. BONDING:. The Contractor shall obtain and �aintain at all times during
the terms of this agreement, a fidelity bond covering the activities of its
personnel autharized to receive ar distribute monies in the amount of � •
$250,000 per occurance.
. . . . a.7��/o
• • � b. INDEMNITY: The Contractor does hereby agree that it wi11 at all times
hereafter during the existence of this agreement indemnify and hold harmless
the Department against any and all liability, loss, damages, costs or expenses
which the Contractor may hereafter sustain, incur or be required to pay
(1 ) by reason of any service client suffering personal injury, death or property
loss or damages either while participating in or receiving from the Contractor
the care and services to be furnished by the Contractor under this agreement,
or while on premises owned, leased, or operated by the Contractor, or while being
transported to or from said premises in any vehicle owned, operated, leased,
chartered or otherwise contracted for by the Contractor or any officer, agent or
employee thereof; or (2) by reason of any service client causing injury to, or
damage to the property or another person during any time when the Contractor or
any officer, agent or employee thereof has undertaken or is furnishing the care
and service called for under this agreement.
c. INSURANCE: The Contractor does further agree that in order to protect
- itself as well as the Department under the indemnity agreement provision here-
inabove set forth, it will at all times during the term of this contract have
s�atu�o►�y��im°�a�i ons i abi 1 i ty i nsurance pol i cy i n the amount of seTf i nsured vi a
12. Unavailability of Services:
The Contractor certifies that the services to be provided under this
agreement are not available without cost to eligible clients. The Contractor
further certifies that payment for purchased services will be in accordance
with rates of payment which do not exceed amounts reasonable and necessary to
assure quality of service, and, if the services are being purchased from anoth�er
public agency, the cost reasonably assignable to such service. (See Article 15j
13. Maintenance of Effort and Expansion of Services:
The Contractor hereby certifies that the Federal funds to be used under
this agreement do not replace or supplant in any way state or local funds.
14. Conditions of the Parties' Obliqations:
a. It is understood that the obligations of the Department and the
Contractor under this agreement are conditional upon securing Federal funding
of the services specified in this agreement. It is further understood that,
in the event reimbursement to the Department is not obtained from the Federal
agency responsible for administering the social services provisions of the
Social Security Act, 45 CFR 228, or if such funding does not maintain an
aggregate level sufficient to support the quality and quantity of services cailed
for under this agreement, the obligations of both the Department and the
Contractor sha71 be terminated; provided that any termination of this agreement
shall be without prejudice to any obligations or liabilities of the Department
or Contractor already accrued prior to such termination.
, � �SG r�
. ; b. It is expressly understood and agreed to by and between the parties
hereto that under no circumstances shall the Department be liable for any
costs or expense pursuant to this contract, except to the extent that such
costs and expenses are reimbursed to the Department through Federal financial
participation. The Contractor agrees to reimburse the Departrnent for any sub-
sequently be disallowed by the Federal government. Because of the nature of
Federal law regarding disallowances, it is mutually agreed herein that the
amounts reimbursed by the Department to the Contractor shall be .determined
by the Federal disallowance and not mitigated by theories of value received,
quantum merit, or the like. �
c. The Contractor certifies that it meets the lawful conditions and
applicable standards as required by the Clean Air Act of 1970 as amended
(42 U.S.C. 1857b, et seq).
d. The Contractor certifies that it meets the lawful conditions
_ specified by the Cost of Living Council as required in 45 CFR 228.70 and
45 CFR Part 74. ' The Contractor is advised that the submission of an invoice
or voucher for services furnished under this contract shall constitute a
certification by the Contractor that amounts to be paid do not exceed maximum
allowable levels authorized by the Cost of Living Council regulations or
standards.
15. Subcontractin :
The Contractor shall not enter into subcontracts for any of the work
cont�mplated under this agreement without written approval of the Department.
All subcontracts shall be subject to the requirements of this contract. The
Contractor shall be responsible for the performance of any subcontractor.
16. Miscellaneous:
a. Entire Agreement: It is understood and agreed that the entire agree-
ment of the parties is contained herein and that this agreement supersedes
all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between
the Contractor and the Department relating to the subject matter thereof.
. . ���� Id'
17. Terms of the Contract
The Department at the Contractor enter into this agreement for the
period from June 1 , 1980 through September 30, 1980.
FUNDING CODE: 33258 '
APPROVED:
CONTRACTOR: (If a corporation, two corporate officers must execute�
Upon proper execution, this agreement CITY OF SAINT PAUL
wi11 be legally valid and binding. STATE OF MINNESOTA
Appr s to fv :
c
ey
Assistant City Attorney Mayor
' 2� - �(1 By
Date Director, Deot. of Finance and Mgm't
Service
By
Di ector, p . o o y ervices
STATE AGENCY OR DEPARTMENT:
AS TO FORM AND EXECUTION BY THE
61'��� , �� AT�fORNEY- GENERAL
TITLE � ���-- BY
DATE � - �„�-j_ � DATE
COMMISSIONER OF ADMINISTRATION
BY
DATE
COMMISSIONER OF FINANCE
ENCUMBERED DEPARTMENT OF FINANCE
BY
DATE
. . a�s��o
. . ' Exhibit A �
Budget Narrative
Please provide a written explanation of each line as identified on the Budget
Narrative Page .
Salaries•
Salaries and benefits for:
3 Health Interpretor Assistants
1 Clerk-Typist II
. 1 Nutrition Consultant
for length of contract $23,39b.64
Capitol Expenditures:
Including data collection, postage, phone,
duplicating, office supplies, and educational
materials, and office rent. 3,700.00
Milea e:
Reimbursed at the rate of 15�/mile and
$3.00 per day 600.00
Training
Health Interpretor training
at T.V. I. 200.00
Administrative and Supervisor Cvsts:
10� of tota7 budget 2,84b.66
TOTAL BUDGET $31 ,346.30
, . . ' .
DATE: July 8, 1980
AGENCY/ORGANIZATION NAME: St. Paul Division of Public Health � .
ADDRESS: 555 Cedar, St. Paul , Minnesota
SERVICES TO BE DELIVERED AT: East Metro Area �
BONDING AP�OUNT: 5250,000/occur. INSURANCE (LIABILITY) AMOUNT: Se1f Insured
PROPOSED CONTRACT DATES: June 1 , 1980 through September 30, 1980
TOTAL CONTRACT AMOUNT: $31 ,346.30
PROJECT SCOPE: Nutrition/Health services will be provided to Indo-Chinese
� refugees in East �etropolitan area of Minnesota. Services will be provided
at health clinics, community centers, homes, and hospitals. Health and
nu�rition education providers in East Metropolitan area in need of services
provided by this contract, will have these services available as time allows.
AC7IVITIES: a) Nutrition screening; assessrr�nt, intervention, and
evaluation of Indo-Chinese refugees.
b) Competency-based training in nutriti.on provided to �
bilingual Indo-Chinese to facilitate delivery of
services.
c) Development of educational materials for Indo-Chinese
refugees in order to intervene on nutrition problems.
d) Implementation and evaluation of nutrition/health
referral network.
e) Training in health nutrition to health/interpretor
assistants
ESTIMATED NUMBER OF PERSONS TO BE SERVED IN EAST METRO AREA: 1 ,600
NAME OF CONTACT PERSON: Marty Slattery
TELEPHONE NUMBER: 646-2600
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