95-1456 Council File # 9 s -- I _s
Green Sheet # 32438
RESOLUTION
CITY OF 5 • PAUL, MINNESO
,
Presented By Q
&, j% ' 7 4110 j ` lir IIP. '
tAk
Referred To `- & 1. ' • 't• : i
WHEREAS, the Comprehensive AIDS Resource Emergency (CARE) Act, provides Title
1 funding to Eligible Metropolitan Areas (EMA) based on the number of persons with
AIDS; and
WHEREAS, the EMA composed of Hennepin, Ramsey, Minneapolis, Saint Paul, and
nine other Minnesota counties and two Wisconsin counties is now eligible for
receiving these funds commonly referred to as the Ryan White CARE Act, Title I; and
WHEREAS, the CARE Act requires that an Intergovernmental Agreement be
established among the chief elected officials of political subdivisions in the EMA which
have not less than 10% of the area's reported AIDS cases; and
WHEREAS, the State of Minnesota is a CARE Act, Title 11 grantee and wishes to
cooperated with the CARE Act, Title 1 efforts;
NOW, THEREFORE, BE IT RESOLVED, the Saint Paul City Council authorizes the
appropriate City representatives to sign the Intergovernmental Agreement with
Hennepin County, Minneapolis, Ramsey County, and the State of Minnesota VW
is -' 3-4 5
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Yeaj. Nays Absent Requested by Department of:
Blakey
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Guerin —� Saint � Paul � Public Health
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Megard __ B y :
Rettman 7
Thune 7 ■
Adopted . , ouncil: 1 < - //,/ j 9 Form : • b ^ • rney
Ado. on Certified b Itr - ecretary BY: - -- , / / /�� ig-/ - - — 4/-9
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Approved by j yor: Date 2 �� Appro = by Ma r fo/ Sub) ion , Council
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DEPARTMISIT/OFFICEICGUNCE DATE INITIATED O
Public Health • 12/01/95 /01 /9 5 GREEN SHEET N 3 2 4 3 8
-eximmegwrisma ' DEPARTMENT DIFECIAY art. COUNCIL ' TlA' E —
Mary Sonnen 292 -7735 ASSIGN - CITY ATTORNEY C=1 CITY CLERK
NUMBER FOR
MUST BE ON COUNCIL AGENDA BY (DATE) RDUTINi in BUDGET DIRECTOR Ei FIN. & MGT. SERVICES DIR.
December 13, 1995 ORDER ® MAYOR (OR ASSISTANT)
TOTAL #t OF SGNATURE PAGES 1 (CLIP A LL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
City signatures on a Resolution authorizing appropriate City representatives to sign an
Intergovernmental Agreement related to the Ryan White CARE Act, Title I funding and the
Director of Saint Paul Public Health, or his designee to represent the City.
RED: Approve (A) or Re)•cl (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION _— CNI. SERVICE comessioN 1. Has this p.rsonflirm ever worked under a contract for this dspalnent? -
YES NO
CM COMMITTEE 2: Has this person/firm ever been a city employee?
_
STAFF YES NO
•
_ DISTRICT COURT 3. Does this person/firm possess a ekiII not normally possessed by any current dty employee?
SUPPORTS MHIcH COUNCIL IL OBJECTIVE? YES NO
Explain all yes answers on separate sheet and attach to green sliest
INITIATING PROBLEM, ISSUE. OPPQRTUPITY (Who. Whet. When, Where, Why):
Ryan White Title I funds, focusing on primary health care services for persons diagnosed „Is
HIV-17 and those with AIDS, are available to the Eligible Metropolitan Area (EMA) of •
Minneapolis, Hennepin County, Saint Paul and Ramsey County. The government unit with the
greatest number of AIDS cases (Hennepin County) is the lead agency "and fiscal agent. The
agreement specifies a structural process which includes a Management Committee, a HIV
Services Planning Council and an Allocation Committee.
ADVANTAGES IF APPROVED:
• Saint Paul will be represented in these activities.
ELLiVE
• Funding for primary health care for persons with AIDS and those AN are IV+ in our area
will be made available. DEC U6
•
•
lA YOP'q OFFICE
DISADVANTAGES IFAPPROVED: RECEIVED -`
NONE RECEIVED
CO UI)�,M► ,.r�.,,.. : :.a �r
DEC 0 1 1995 0V, 28 1995
DEC 12 1995 CITY CITY ATTORNEY Y ATTORNEY
DISADVANTAGES W NOT APPROVED:
• Saint Paul will not be represented in the Intergovernmental Agreement and project planning.
• Additional services to persons 4n our area could be limited. •
TOTAL. AMOUNT OF TRANSACTION $ -0- COST/REVENUE BUDGETED (CIRCLE ONE) vas NO
FUNDING SOURCE ACTIVITY NUMBER
•
FINANCIAL INFORMATION: (EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE, IN THE PURCHASING OFFICE (PHONE NO 2964224 . ;
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents: -
CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/*mot. Grants)
1. Outside Agency 1. Department Director
2. Department Director • 2. Budget Director
3. City Attorney 3. City Attorney _
4. Mayor (for contracts over $15.000) 4. Mayor /Assistant
5. Human Rights (for contracts over $50,000) 5. City Council
6. Finance and Management Servkres Director 6. Chief Accountant. Finance and Management Seroric•a
7. Finance Accounting
ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (air others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. . City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS (all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the # pages on which signatures are required and paperclip or flag
each of thee* pages.
ACTION REOUESTED
Describe what the project/request seeks to accomplish in either chronologi-
cal order or order of importance, whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s) your project/request supports by listing
the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE UST IN INSTRUCTIONAL MANUAL)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city's liability for workers compensation claims, taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this project/action.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this project/request produce if it is passed (e.g., traffic delays, noise,
tax Increases or assessments)? To Whom? When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? Inability to deliver service? Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you ust tailor the you information issue you
are addressing, in general must answer provide questions: How much is it
going to cost? Who is going to pay?
qs_ 1L
AA Code:
Contract No.: A22045
Tax ID No. /Soc Sec No.:
Vendor No.:
COMPREHENSIVE AIDS RESOURCE EMERGENCY (CARE) ACT
INTERGOVERNMENTAL AGREEMENT
This Agreement is entered into this day of
1995, by and between the State of Minnesota and its Department
of Health, the Minnesota Department of Human Services, the
Hennepin County Board of Commissioners, the Ramsey County Board
of Commissioners, the City of St. Paul, and the City of
Minneapolis (collectively, "the Governmental Units ").
WHEREAS, the CARE Act requires that an Intergovernmental
Agreement (IGA) be established between the chief elected
officials of political subdivisions which have not less than 10%
of the area's reported AIDS cases; and
WHEREAS, the purpose of the IGA is to establish a
framework for the distribution of the responsibilities and the
relationship between the Governmental Units and parties,
including agreement as to the administration of the agreement,
the establishment of required planning councils, and a process
for the allocation of available funds; and
WHEREAS, the current authority, expertise, and
responsibility of the cities, counties and state agencies in the
delivery of services to persons with HIV - related illnesses
provide a basis for the relationship between the entities and
their shared responsibilities; and
WHEREAS, the Minnesota Department of Health is a CARE Act
Title II grantee, and Hennepin County seeks to be a CARE Act
Title I grantee, and the cities of Minneapolis and St. Paul and
the County of Ramsey and the Minnesota Department of Human
Services are governmental entities which wish to collaborate
with Title I and Title II grantees in the implementation of the
CARE Act in the Minneapolis - St. Paul 13- county eligible
metropolitan area (hereinafter referred to as "EMA ");
NOW, THEREFORE, in consideration of the above, the parties
hereto agree to enter into this Agreement (hereinafter referred
to as the "Agreement ") as set forth according to the following
terms and conditions:
ARTICLE I
The purpose of this Agreement is to document the
understanding among the Governmental Units who intend to
establish a relationship and the necessary procedures for the
administration of CARE Act Title I and Title II funds which may
be awarded to the grantees and which are intended to fulfill the
statutory requirements for the receipt of such funds, and which
establish the framework whereby the parties agree to the
planning, management, and allocation of these funds.
ARTICLE II
MANAGEMENT COMMITTEE
A. The overall responsibility for the implementation of
the terms and conditions of this agreement will be provided by a
management committee.
B. The Management Committee will consist of six
members:
1. The directors of the Public Health Departments
of Hennepin and Ramsey Counties and the Cities
of Minneapolis and St. Paul or their
designees, and
2. Two staff persons, each designated by the
respective Commissioner of the Minnesota
Department of Health and Commissioner of the
Minnesota Department of Human Services.
C. The Management Committee will assume the following
specific responsibilities:
1. Professional coordination of all aspects of
the planning and allocation process.
2. Appointment of Adjunct Advisors who
individually and /or in committee will be
selected and provide advice and expertise on
matters related to all aspects of this
Agreement.
3. Nomination of the members of the Allocation
Committee in accord with Paragraph Article IV.
4. Development and implementation of an open
recruitment process for the membership of the
planning council and the nomination of slate
of members for consideration by the designated
appointing authorities.
5. Liaison with respective appointing
authorities.
(2)
6rS_IL15
ARTICLE III
HHIV SERVICES PLANNING COUNCIL
A. This Agreement establishes a planning council
consistent with the requirements of Title I and Title II of the
CARE Act.
B. The Council will conduct all activities required of
a Title I Planning Council and a Title II Consortia by the CARE
Act. Those activities include the responsibility to:
1. Obtain appropriate input from communities
affected by HIV disease, providers, and other
stakeholders in the HIV /AIDS care and services
system.
2. Gather such information and conduct such
activities necessary to determine the services
needed and the most effective and efficient
way to provide those services.
3. Develop a plan and related administrative
mechanisms to effectively allocate and
administer Title I and Title II funding.
4. Conduct a comprehensive program of quality
assurance and evaluation of the HIV /AIDS Care
and Services system.
5. Make recommendations with regard to the
ongoing improvement of the care and service
system based on the aforementioned evaluation
and quality assurance review.
C. The Council, except for the co- chairs appointed in
accord with paragraph III D2 and other designees appointed in
accord with paragraph III D 3b, shall be appointed jointly by
the Chair of the Hennepin County Board and the Commissioner of
the Department of Health. These appointments shall be made in
accord with the structure established in this Agreement and
following an open recruitment process as established by the
Management Committee and shall seek nominees from existing
professional organizations and associations.
D. The Planning Council shall be constituted as
follows:
1. The Planning Council membership shall include
members of the communities affected by the
epidemic, particularly persons living with
HIV /AIDS and members representing interests
outside the 13- County area.
2. The Planning Council shall have two chairs
appointed as follows:
(3)
a. One co -chair shall be appointed by the
chair of the Hennepin County Board.
b. One co -chair shall be appointed by the
Commissioner of Health.
3. The Planning Council will consist of 25
members as follows:
a. Two co- chairs in accord with Paragraph
III D2.
b. Four persons, each individually
designated by the chief elected
officials of the cities of Minneapolis
and Saint Paul and the county of Ramsey
and the State Department of Human
Services.
c. Five representatives from the HIV /AIDS
community, including representatives of
service and advocacy organizations.
d. Five consumers or providers of services
to public and private health agencies
and health care providers including
hospitals.
e. Five consumers or providers of services
to public and private social service
agencies and providers, including mental
health, chemical health, and adult care
providers.
f. Four representatives of religious,
philanthropic, educational, public
policy and community organizations.
4. Develop and adopt Council Bylaws, (herein
designated as HIV Planning Council Bylaws)
which shall include, but are not limited to
the following:
a. The conduct of meetings.
b. A process for the identification and
resolution of conflict of interest.
c. A grievance procedure.
d. Process for recruitment of new nominees
for Planning Council membership.
(4)
S_ ` \5
ARTICLE IV
ALLOCATION COMMITTEE
A. This Agreement establishes an Allocation Committee
consistent with the requirements of Title I and Title II of the
CARE Act.
B. The Allocation Committee shall have responsibility
for making funding recommendations to the Title I and Title II
grantees.
C. The Allocation Committee will be jointly appointed
by the Chair of the Hennepin County Board of Commissioners and
the Commissioner of Health based on the recommendations and
nominations of the Management Committee.
D. The Allocation Committee members shall:
1) be experienced in the professional
development, funding, and review of health and
social service applications and programs; and
2) have no conflict of interest as defined by the
conflict of interest policy developed by the
Management Committee with regard to funding
recommendations.
E. The Allocation Committee shall make specific funding
recommendations consistent with the plan developed by the
Planning Council and the provisions of the CARE Act as to the
allocation and administration of Title I and Title II funding.
ARTICLE V
ADMINISTRATIVE SUPPORT
The Minnesota Department of Health and Hennepin County
will provide staff support to the activities of the Management
Committee, the Planning Council, and the Allocations Committee
and shall coordinate the staff support which may be requested
and provided by either parties during the course of this
Agreement.
ARTICLE VI
CONTACT PERSON DESIGNATION
In order to coordinate the services of the Governmental
Units so as to accomplish the purposes of the Agreement, the
following individuals or their designees shall manage this
Agreement on behalf of each entity:
(5)
MINNESOTA DEPARTMENT OF HEALTH:
Jill DeBoer
Minnesota Department of Health
717 Delaware Street S.E.
P.O. Box 9441
Minneapolis, MN 55440 -9441
MINNESOTA DEPARTMENT OF HUMAN SERVICES:
Kathryn Lamp
Department of Human Services
444 Lafayette Road
P.O. 3853
St. Paul, MN 55155 -3853
HENNEPIN COUNTY:
Sue Zuidema, Director
Hennepin County Community Health Department
525 Portland Avenue South
Minneapolis, MN 55415
RAMSEY COUNTY:
Robert W. Fulton, Director
Ramsey County Health Department
50 West Kellogg Blvd.
Suite 930
St. Paul, MN 55102
CITY OF MINNEAPOLIS:
Carolyn McKay, M.D.
Minneapolis Department of Health
250 South Fourth Street
Room 510
Minneapolis, MN 55415
CITY OF SAINT PAUL
Neal Holtan, M.D.
Saint Paul Department of Health
555 Cedar Street
St. Paul, MN 55101
ARTICLE VII
LIABILITY OF MEMBERS
A. Each Governmental Unit shall be liable for its own acts or
omissions. Each Governmental Unit agrees to indemnify and
save and hold the other participating parties, their
agents and employees, harmless from any and all claims or
causes of action arising from the performance of the
Agreement by its agents or employees.
(6)
I's-- 195
B. Liability shall be limited in accordance with applicable
Minnesota Statutes, Minn. Stat. Chapter 466 and Minn.
Stat. § 3.736 (1994).
ARTICLE VIII
DATA PRIVACY
Each Governmental Unit agrees to abide by all applicable
State and Federal laws and regulations concerning the handling
and disclosure of private and confidential information
concerning individuals and /or data including but not limited to
information made non - public by such laws or regulations.
ARTICLE IX
MINNESOTA LAWS GOVERN AND SEVERABILITY
The laws of the State of Minnesota shall govern all
questions and interpretations concerning the validity and
construction of this Agreement and the legal relations and
performance obligations between the parties herein. If any
provision of this Agreement is held invalid, illegal or
unenforceable, the remaining provisions will not be affected.
ARTICLE X
RECORDS - AVAILABILITY
Each Governmental Unit agrees that the other Governmental
Units, the State Auditor, or any of their duly authorized
representatives at any time during normal business hours, and as
often as they may reasonably deem necessary, shall have access
to and the right to examine, audit, excerpt, and transcribe any
books, documents, papers, records, etc., which are pertinent to
the accounting practices, procedures and involve transactions
relating to this Agreement.
ARTICLE XI
NON- ASSIGNMENT
Each Governmental Unit shall not assign, subcontract,
transfer, or pledge this contract and /or the services to be
performed hereunder, whether in whole or in part, without the
prior written consent of the other Governmental Units.
(7)
cl lS y
ARTICLE XII
MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement
between the parties is contained herein and that this
Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereof.
All items referred to in this Agreement are incorporated
or attached and are deemed to be part of this Agreement.
B. Any alterations, variations, modifications, or waivers of
provisions of this Agreement shall only be valid when they
have been reduced to writing as an amendment to this
Agreement signed by the parties hereto.
ARTICLE XIII
CANCELLATION
Each Governmental Unit, upon 60 days notice, may cancel
this Agreement. The parties by mutual consent can abolish this
Agreement at any time.
ARTICLE XIV
NOTICES
Any notice, report or demand which must be given or made
by a party hereto under the terms of this Agreement or any
statute or ordinance shall be in writing, and shall be sent
registered or certified mail. Notices to the Governmental Units
shall be sent to the addresses given in Article VI.
(8)
IN WITNESS WHEREOF, the parties hereto have signed the
contract this day of • 19
COUNTY OF HENNEPIN
STATE OF MINNESOTA
B y :
CHAIR, BOARD OF COMMISSIONERS
And:
Deputy /Clerk of Board
Approved as to form:
By:
Assistant County Attorney
Date:
Approved as to execution:
By:
Assistant County Attorney
Date:
This certifies that the signatory
for the County of Hennepin has
lawful authority, by virtue of
Board Resolution, to bind the
terms of this Agreement.
(9)
IN WITNESS WHEREOF, the parties hereto have signed the contract
this day of , 19
COUNTY OF RAMSEY
STATE OF MINNESOTA
By:
Chair, Board of Commissioners
And:
Deputy /Clerk of Board
Date:
Approved as to form and execution:
B
Assistant County Attorney
Date:
This certifies that the signatory
for the County of Ramsey has lawful
authority, by virtue of Board Resolution,
to bind the terms of this Agreement.
(10)
IN WITNESS WHEREOF, the parties hereto have signed the contract
on the day of , 19
CITY OF MINNEAPOLIS
By:
Mayor
Attest:
Asst. City Clerk
Countersigned:
Finance Director
Approved as to Legality:
By:
• Assistant City Attorney
Date:
(11)
95 MS('
IN WITNESS THEREOF, the parties have set their hands as follows:
CITY OF SAINT PAUL
By: By: Director of Saint Paul Public Health
DATE: DATE:
By: Mayor
DATE:
By: Director of Finance and
Management Services
DATE:
APPROVED AS TO FORM:
Assistant City Attorney
DATE:
(12)
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IN WITNESS WHEREOF, the parties have caused this memorandum of
• Agreement to be duly executed intending to be bound thereby.
APPROVED:
DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF HEALTH
By: By:
Title: Title:
Date: Date:
AS TO FORM AND EXECUTION BY
THE ATTORNEY GENERAL
By:
Date:
COMMISSIONER OF ADMINISTRATION
By:
Date:
COMMISSIONER OF FINANCE
B
Date:
::CIVIL$:[TORT]RUSSELL.BW3;15
(13)