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91-2228 aRIIClNAL _ _ ..._ � Council File # - ��� . � Green Sheet # (��Q � RESOLUTION CITY O SAINT PAUL, MINNE�OTA � p Presented Sy � Referred To Committee: Date Saint Paul Board of Health RESOLVED, that the proper Cit,y Officials are hereby authorized and directed to execute an agreement with the rlinnesota Department of Health, � WHEREBY the City will administer the special 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 Management Services. ' Yeas Navs Absent Requested by Department of: imon � oswi z acca ee —�- et man / z son / By' Form Approved by City Atto ney Adopted by Council: Date �� � � °( Adoption Certified by Counc Se retary gy: �� : �'�,/ �y By: � A roved b Ma or for Sub ssion to PP Y Y Approved b May r: Da e ��� 1 2 1991 Council By: By: ��'�!��.a���'� � 1' �N-(��" DFC _ 9� ���N ����` � DEPARTM[NTIOFFI(�E/COUNpL DATE INtT1ATE0 ,• j �/ COMMUNITY SERVICES/PUBLIC HEALTH 11-13-91 GREfN SHEET No. �4� f CONTACT PER8�1 a PMONE 1 I/�O ATE INITIAUDATE �DEPARTMENT DIRECTOR /S OalNqL DIANE HOLMGREN 292-7712 � Ano�r��v an'c�Erm MUST BE ON WUNqL AGENDA BY(DATE) IIOIITHIO UDOET DIRECTOR N.a MOT.BERVICES DIR. November 26 1991 "''"Y°R�oR"s�sr""n ❑ TOTAL N OF SKiNATURE PA�B ^� (CLIP ALL LOCATION8 F�SIGNATUR� ACTION RECUESTED: Signatures on a contract between the City of St. Paul Division of Public Health and the Minnesota Department of HealtYi for the administration of the local WIC (Women, Infants and Children) Supplemental Food Program. And also signatures 011 COU11C11 Resolution. RECO�NDn :�PD��(N«�.o� OOUNCN. L _PLANNiN(�OOMM18$10�1 _GVIL SERVICB COMM18310N ��� �E�. _CIB CO�AAAIT'TEE _ OOMMIENTS: _STAFF _ _DISTRICf OOURT _ BUPPORTB WMldi COUNpL OBJECTIVE9 fNITMTIPK�PROBLEM.188UE.OPPOR71JNrTY(Who,VVhet.Wl�en.WMrs.Wh�: The Division of Public Health will receive approximately $1,000,000.00 for each of two years between the dates of October 1, 1991 to September 30, 1993 to administer `a local WIC Program in St. Paul and Ramsey County. RECEIVED ADVANTA(�ES IF APPROVED: aov �4 ��9� The City will receive funding to administer the WIC program. CITY A�tT���t'Y �����: None a��� RECEIVED v 1� �o,�j1 oEC o 31991 �� � U���v�' �� DI8ADVANTIK�EB IF NOT APPROVED: ' The City will not receive over $1,000,000.00 annually to administer the WIC Program and ' would not be assisting to provide this service to resiclents. ��ncil Research Center NOV 2 � 1991 TOTAL AMOUNT OF TRAIlS�CTION = COaT/REVENUE SUDGETED(C�p.E OI�) YFS NO �Np��gp�p� Federa? pasc through from Min�a��ym N�p 3�9[�� FINANGAI INFORMATION:(EXPWI� Department of Health �� NOTE: COMPLETE DiRECT{OIV3 ARE INEL.UDED IN THE(iREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHA31Ni3 OFFlCE(PHONE NO. 2�). ROUTINf3 ORDER: Bstow are preferred routinys fo►the Hvs rtwst froquent typss o1 documents: OONTF9ACTS (assumss autFiorizsd OOUNCiI RE301.UT10N (Amend� Bdpta./ budget exists) A�ept.CireuNs) 1. Outside Agency 1. D�putmsnt Director 2. InftiaNng�spartment 2. BudpW Dirmctor 9. Gty Attomey 3. Cby Attornsy 4. Mayor 4. MayodAssieteM 5. Ffnar�ce 8 Mgmt Svc:s. Director 5. qy Coundl 8. Flnerxs/lccour�tfn� 6. Chisf Acx:ouMeiM� Fln&Mgmt Svcs. ADMINI3TRATIVE ORDER (Budpet �UNCIL RESOLUTION (au othsrs) Rev�ion) end ORDINANCE 1. Activity M�napsr 1. InRietfnp Department Direct� Dep�Rrrient llccountant 3. DepsRnNnt Director 3. Ma�/wistaM 4. Budget DireCtor 4. qty Coulldl 5. dty Clerk 8. Chisf AccouMant,Fln 8�Nlpmt Sv�cs. ADMINiSTRATIVE ORDERS (Edl othsrs) 1. Initiadnp Depa�tmsnt 2. City Attomsy 3. MayoNAasistant 4. Gty C�erk TOTAL NUMBER OF SI�NATURE PAQES Indicate ths#�ot petaee on wMch afpnaturos are►puirod erM a�psr Pcli s�ch of the�se ps�es. ACTION REQUE8?'ED Dsicribs what the proj�thrquest sNb to acxompliah in elthsr chronotopi- cal ordsr a ordsr of importanos,whichsver ia moN appropriate for the issw. Do not wrke vomp�te aentenoes. 8spin�st:h ftem in your Ifst with a verb. RECOMMENDATIONS Complsts M ths f�ws in questioet has bosn pt�sntad before any body, public or private. SUPPORT3 WHI(xi COUNqI OBJEC77VE? Indicab which Coundl objectiw(s)Y�Prol���l��bY��� tta keY wo►d(s)(HOU31N�3. RECREATION� NfK3HBORHOODB� EOONOMIC DEVELOPMENT, BUDCiET, SEWER 8EPARAI'ION).(8�'CENu1PLETE LIST IN IN8TRUCTIONAL AAANUAL.) COUNCIL COMMITTEE/RESEARCW RE�RT-OPTIONAL AS REGIUE3TED BY COUNCIL INIMI'INO PROBLEM, IS8UE,OPPORTUNITY Explein the aitwdion or conditfons thet creeted a need for your project ,� or request. ADVANT�IQE3 IF APPROVED Indicate whether thia is sfmply an annwl budpst proceduro requlred by law/ chaRer or wheth•r tMn aro a�d�c in which the Gty of 8aiM Paul and ita citizeris wfll bsnslit trom tMs p�hction. DISADVANTAOES IF APPROVED What negative eftects or mejor d�angss to a�dsdnp or past processes might this P►oJsctJ►e4wa Produoe if R is passsd(e.g.,trefBc dslaya� noiee, t�x ir►creaaes oraa�enb)?To Whom?When?For how long? DI3ADVANTA(iES IF NOT APPROVED What will be ths nepatiw oonesqu�noea ff the promfsed actbn is not approvsd?Inability to dsliver asrvk�s?CoMinued high traffic, nolae,— accMeM rate?Loss of revenus? FlNANqAL IMPACT Although you must tdlor the inbmiatbn you provide Mere to the issue you are eddreesinp.in psneral you must a�wer two questions: How much is it going to cost4 Who is�oinq to peY� _ - y/��a �' � � AGREEMENT FOR THE ADMINISTRATION OF THE SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS AND CHILDREN (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 Women, Infants and Children (hereinafter WIC Program) . WHEREAS, the State Agency, pursuant to Minnesota Rules 4617.0030, is authorized to enter into contractual agreements for the administration of the WIC Program, and WHEREAS the U.S. Department of Agriculture (hereinafter U.S.D.A.) has promulgated the Code of Federal Regulations, Title 7, Part 246, under Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) , to carry out the WIC Program, and WHEREAS, the Local Agency represents that it is duly qualified and willing to perform the services set 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 manner and in compliance with applicable State policies and procedures, Minn. Rules 4617, 7 CFR Part 246, 7 CFR Part 3015 and U.S.D.A. guidelines and instructions. The Local Agency's Application for the Administration of a Local WIC Project, October 1, 1991, to September 30, 1993, 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 from the State 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 Project, October 1, 1991, to September 30, 1993. b. Have a competent 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 policies and procedures, Minn. Rules 4617, 7 CFR Part 246.11, U.S.D.A. guidelines and instructions, and the Local Agency Nutrition Education Plan. 1 � . - �_ ���/�a��� f. Operate the Minnesota WIC Program Automated Food Delivery and� Management Information System in accordance with State Rules, policies � � and procedures, including est�ablishing 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 found to be improper, unallowable, or undocumented as the result of an audit, review, or other exami"nati�on; and for the cashed value of any WIC Program food vouchers which may be stolen from or lost by the Local Agency or issued by the Local Agency to persons other than properly certified WIC Program participants or their authorized proxies. h. Maintain complete, accurate, documented and .current program and fiscal � records and files, in accordance with State financial management � requirement, Rules, policies and procedures, 7 CFR Part 246 and 7 CFR � Part 3015, including source documentation to support WIC Program � activities and expenditures made under the terms of this Agreement. � . . i . Submit by the twentieth (20th) of each month the Claim for � Reimbursement/Report of Expenditures form, which shal� includ�: 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 nutrition education, 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, fil.es � and documentation 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 information on� the area � � , served, income standards used, and specific criteria used to determine nutritional risk. � . � m. Comply with Title VI� of the Civil Rights Act of 1964, Title IX of the � - Education Amendment of 1972, Section 504 of the Rehabilitation Act of - � 1973, and� 7�CFR Parts 15, 15a, and 15b, to� ensure that no 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 consent from the State Agency prior to �the assignment � . � or transfer of any interest in this. Agreement, except that claims for money due or to become due to the .Local Agency from the State Agency � . may be assigned to a bank or other financial instituti.on without such approval . Subcontractors shall be held to the same standards as the Local Agency. . � � . 2 . . . ������a f v o. Assure that no interest exists, directly or indirectly, which could conflict in any manner or degree with the performance of services required to be performed under this Agreemen�. p. Assign to the State of Minnesota any and all claims for overcharges as . . to goods and/or services provided in connection with this Agreement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of � Minnesota. q. Pursuant to Minnesota Statute § 13.05, subdivision 6, CONTRACTOR � agrees to maintain the data on individuals received or to which . � � Contractor has access according to the statutory provisions applicable to the data. CONTRACTOR agrees to indemnify and save and hold the . STATE, its agents and employees, harmless from any and all claims or causes of action arising from or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce this provision of this Contract. � � � r. Use no funding provided under this Agreement to support religious . counseling or partisan political activity. � � � 2. The Local Agency agrees to obtain a financial and compliance audit. a. For Local Agencies who are state (includes Indian Tribes) or local governments and receive total direct and indirect federal assistance of: i . $100,000 or more per.year, the Local Agency agrees to obtain a financial and compliance audit made in accordanc.e with the Single Audit Act of 1984 (P.L. 98-502) and Federal Office of Management . and Budget (OMB) Circular A-128. "Audits of State and Local . Governments." The law and cir.cular provide that the audit 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 en�tire operations. � � � ii . between $25,000 and $100,000 per year, the Local Agency agrees to � obtain either - � (a.) a financial and compliance audit made in accordance with the � � Sing�le Audit Act of 1984 and OMB Circular A-128, or �. �(b. ) a financial and compliance audit of all federal funds. The " audit must determine whether the Local Agency spent fed�ral . assistance funds in accordance with applicable laws and regulations and the audit must be made in accordance with - any federal laws and regulations governing the federal � programs .the Local Agency participates. , � � . 3 - � � ����a`���',� ° - b. Audits shall be made annually unles.s the Local Agency has, by � January 1, 1987, a constitutional or statutory requirement for less frequent audits. �or such a Local Agency, the State Agency shall . permit biennial audits, 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 cal�ling 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 � . � auditor 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 Audit of Governmental Organizations. � Proqrams. Activities, and Functions. d. The audit report shall state that the audit was performed in � accordance with the prov�isions of OMB Circular A-128 or A-133 as . applicable. i . The reporting requirements for audit reports on financial � statements shall be in accordance with the American Institute of Certified Public Accountants' (AICPA) Statement of Auditing � Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS. 62, "Special Reports", as applicable. ii . The reporting requirements for audit reports on compliance and internal controls shall be in accordance with AICPA`s SAS 63, "Compliance Auditing Applicable to Governmental Entities and Other . Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in audits of State and Local Governmental Units. iii . In �ddition to the audit report the Local Agency shall provide � � comments on the findings and recommendations in the report, including a pl�an for corrective action taken or planned and � comments on the status of corrective action taken on prior . . � findings. If corrective action is not necessary, a statement describing the reason it is not should accoropany 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 comply with the � � Single Audit Act and OMB Circu�ar A-128, or A-133, as applicable. � f. Subgrantees of federal financial assistance for the Loca_1 Agencies are . . also required to comply with the Single Audit Act, OMB Circular . � A-128, or A-133, as applicable. � ! g. The Local Agencies agree to use a standard statement format for the schedule of federal assistance provided by the STATE. ' � h. The Local Agency agrees to retain documentation to support the schedule of federal assistance. . ' � . 4 . . � �. . i a��� . �� � i . Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and state and federal agencies � providing federal assistance, within six months of the Local Agency's fiscal year end. . j. OMB circulares A-128 and A-133 requires Local Agencies of more than . $100,000. in federal funds to submit one copy of the audit report ' within 30 days after issuance to the central clearinghouse at the following address: � Bureau of the Census Data Prepa�ration Divisi_on 1201 East lOth Street . � Jeffersonville, Indiana 47i32� Attn: Single Audit Clearinghouse � 3. In accordance with the provisions of Minnesota Statutes, Sectaon 176.18�, _ the State Agency affirms that the Local Agency has provided acceptable evidence of compliance with the worker's compensation .insurance coverage requirement of Mi�nnesota Statutes, 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 execution by the Commissioner of Health shall be a part of this Agreement. Such payment for services � shall be contingent upon receipt of funds from U.S.D.A. and a, properly submitted Claim for Reimbursement/Report of Expenditures from 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 . . upon 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 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 for which advance payments were made were not � satisfactorily rendered. � c. Make payments from Federal funds obtained by the State Agency through Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) . If at . any time such funds become unavailable, this Agreement shall be . - � terminated immediately 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 payment, determined on a pro rata � basis, for services satisfactorily performed. � � d. Provide technical assistance and consultation to enable the Local ' Agency to establish and administer a WIC Program. � e. Provide appropriate forms and materials necessary to establish and � . administer a WIC Program. � _ 5 � . . - . -�,���-a���'' v f. Provide copies of 7 CFR Part 246, the Minnesota WIC Program Operations Manual , Minnesota Rules 4617, �State policies and procedures, and other � instructions 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 � � purposes of administration of this Agreement. Such agent shall have final authority for acceptance of the Local Agency's services, and if such services are accepted as satisfactory, shall so certify on each Claim for Reimbursement/Report of Expenditures submitted pursuant to Paragraph 3 (a) . 5. The terms of this Agreement shall be as follows: � � . a. This .Agreement shall be effective an October 1, 1991, and shall remain . in effect until September 30, 1993. The expiration of this Agreement � is not subject 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 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 termination or in the event of cancellation, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports, etc. , prepared by the Local 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 performed pursuant to this Agreement to the effective date of termination or cancellation. � 6 . � _ � � ��1�a�a�� IN WITNESS WHEREOF, the parties have caused this agreement to be duly�executed . intending to be bound thereby. . � � APPROVED: � 1. LOCAL AGENCY: 2. STATE AGENCY: Two � i ers must execute - . . � • � � . BY: �.. BY: � TITLE: �62 ROy�i'�°�g TITLE: Dir. , ep�t. o Comm. vcs. � � DATE: %��3�I � . DATE: . � - As to form and execution by the: . � � BY� 3. ATTORNEY GENERAL: . � TITL�E: �BY: . � � � � ' � Budget Director ' � � .' . �� DATE: � DATE: � . . . , . . By: ,����,�,/r/.-! 4. COMMISSIONER OF ADMINISTRATION: � TITLE: BY: . Mayor � DATE: DATE: � . BY: � TITLE: ' ' , . . Dir. , Finance Dept. �� ' ' DATE: . ' ' . � . - BY: G . ,. . TITLE: . ' - Assistant �it Attorney ' . ' . DATE: !/- �5 '�"xJ� . � ' ' . . . i . • � ] . � .