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272120 WHITE�"��— CITV CLERK µ� �PINK — FINANCE • /� CANARV — DEPARTMENT (Comnunity� G I TY OF SA I NT PA U L COUIICII f� /�� .j'� pry�pn} 0 BLUE — MAYOR DGV��Op111Glil�) Flle �O. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul does hereby approve and authorize the employment of Thorsen, Campbell , Rolando and Lehne for the purpose of performing arr independent audit of the books and records of the City of Saint Paul and its Housing and Redevelopment Authority Community Development projects for the calendar year 1978, and the proper City officers are authorized and directed to execute the agreement on behalf of the City of Saint Paul. � f � A � �� ' 8e .�1 COU[VC[LMEN Yeas Nays Requested by Department of: Butler � Corranunity Developmen - � In Favor . Hunt iG�f�c�ti'2 ,� C�� Levine __�___ A gai n s t BY Maddox �Ske�vo�a}ter Tedesco N� 2�4 �� Form Approve City Attqrney Adopted by Council: Date `[ x: � � Certifi d d b oun ' ecr ry BY By �ppro Nlavoc: Date 1�V 3 0 1978 Appro ayor for Submiss' n to Council By — BY �ueusH�o oEC 9 �97 � � i}~���_�1�1 F.-� "� A G R E E M E N T THTS AGREEMENT, Made and entered into this 30th day of November, 1978, by and between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter designated "City", and Thorsen, Campbell, Rolando and Lehne, 1520 Midwest Plaza Building 801 Nicollet Mall, Minneapolis, Minnesota 55402, hereinafter designated as "Consultant". WI�REAS, in compliance with the Federal Housing and Co�unity Development Act of 1974 as amended 1977, and Rules and Regulations adopted pursuant thereto, the City has duly made application to the U.S. Department of Housing and Urban Development for Co�unity Development Block Grant Program funds, and the City has been awarded funds from the said Department; and WI�REAS, as prime sponsor the City, is operating and, has entered into various subgrant agreements with organizations for the purpose of implementing the City's CouIInunity Development Block Grant Program, and the City desires that Consultant perfonn audits for the activities performed by the prime sponsor, the City, and HRA of St. Paul, in accordance with the various contracts of agreements 'with the Dept. of HUD, City, and HRA, and consultant is agreeable to performing said services for the consideration as hereinafter set forth. NOW, TI�REFORE, City and Consultant do hereby mutually agree as follows: 1. Term of Agreement: This Agreement and activities authorized hereunder sha11 take effect and be in force from and after the lst day of December, 1978, and shall be completed by August 30, 1979, unless the City shall consent in writing to an extension of this Agreement for good cause shown by Consultant. 2. Scope of Services: Consultant shall audit the books and records for each of the following through the calendar year 1978; the prime sponsor, projects operated by the City, and St. Paul HRA projects. An audit report with additional i � � , � .�_ _ � . � o, �+. , v`- copies shall be submitted to the City in care �'' C+�a Finance and Management Services, Room 113, Ci' � •o -v i � � All audit reports shall be submitted no later -o o � �� � a`"i o c shall promptly report unauditable records and z � o .° .�- .�, �.., � � with reasons why they are unauditable. Consu � � '. '\ ` a �- � �s e be financial and compliance audits made in ac� Q m " o .� � � ,�j j , r N � auditing standards, as more fu11y described i� 0 3 � Units, published by the American Institute of � �, � � for Audit of Governmental Organizations, Prog �� � o � in particular, the Audit Guide and Standards u� � � � a� Recipients issued by the U.S. Department of H Z � � Consultant shall also report upon any costs w � � � Y � well as their observations and reco�endation V ,� � controls and procedures relating to each of t � � > � am � r � +� a N� 3. Payment: The parties hereto agree t � � � Q va .� � z f � a� � � all the requirements herein, the City shall F N \ O � � J unit as indicated on the attached schedule; � a � � V��o � � a of Consultant's expense for labor, co�runicai 2 'An audit unit shall consist of the amount of $1,000.00 or fraction thereof of amounts to be audited as prime sponsor costs. For purposes of computing the nvmber of audit units, the following provisions are applicable: 1. Each $1,000.00 of actual prime sponsor costs audited or fraction thereof shall count as a full audit unit. 2. Only the prime sponsor's cost to be audited will be cansidered in dete�i.ning the audit units. If expenses have been audited before, only the costs audited for the period being exa.mined under this Agreement will be counted as an audit unit. _2_ 3. Consultant will be paid only to the extent of actual costs that are audited by consultant. Consultant shall submit an invoice in duplicate for prime sponsor expenses audited and for each case of unauditable records. Such invoices shall clearly delineate the applicable contractor or subgrantee audited or attempted to audit. Interim and/or progress payments are not authorized. 4. Independ�ent Contractor: For the purpose of this Agreement, Consultant shall be deemed to be an independent contractor and not an employee of the City. Any and all employees of Consultant or other persons other tha.n City employees while engaged in the performance of any work or services required under this Agreement shall not be considered employees of the City; and all claims that ma.y or might arise under the Workmen's Compensation Act of Minnesota on behalf of said employee or other�.persons while so engaged, hospitalization insurance coverages, Social Security and pension payments and benefits, other employee obligation and benefits, and any and all claims ma.de by any third party as a consequence of any act or omi.ssion on the part of the consultant, the employee or other persons while so engaged on any of the work or services to be rendered, .sha11 in no way be the obligation or responsibility of the City. 5. Nondiscrimination; The Consultant shall be deemed a contractor for the application of all provisions hereof and ordinances and other laws against unlawful discrimination on account of race, crred, sex, age disability, religion, or color. This Agreement is sabject to Tit1e VI of the Civi1 Rights Act of 19b4 (Public La.w 88-352) and the Rules and Regulations issued pursuant thereto, and Consultant shall comply with Executive Order No. 11246, entitled "Equal Employment Opportunity" as supplemented in Department of La.bor Regulations (4 CFR, Part 60). The Consultant agrees to comply with all the terms and conditions set forth in Cha.pter 238, La.ws of Minnesota for 1941. _3_ / Consultant further agrees to comply with all of the terms and conditions of Chapter 74 of the St. Paul Legislative Code pertaining to nondiscrimination and specitically Section 74.03A thereof pertaining to affi�ative action. Z'he provisions of said Chapter 74 are hereby incorporated herein by reference. 6. Other Requirements: Consultant shall comply with all requirements imposed upon the City pursuant to the "Housing and Co�anunity Development Act of 1974" and Rules and Regulations adopted pursuant thereto, and as may be amended from time to time, pursuant to said Act by the Department of Housing and Urban Development. 7. Termination of Agreement: The City reserves the right to suspend or termi.naCe this Agreement at any time and wi.thout cause, and in that event the City will rei.mburse Consultant for all services rendered to the da.te of receipt of notification of termination. 8. Inde�ification: Consultant sha11 indemnify, �save harmless, pratect the City, its officers, employees or agents from any suits, actions or claims of any character brought for or on account of any person alleging damages or injury to person or property and arising out of any act or omission on the part of Gonsultant, its officers, agents or employees in carrying out the terms of this Agreement. _4_ IN WITNESS WHEREOF, The parties have caused this Agreement to be executed the day and year first above written. APPROVED AS TO FO CITY OF SAINT PAUL � � � Ey Assis� n ;Ci tto n�y 1 Mayor �l �� Director, Department of Fina.nce & Management Services Director, Department of Planning & Economic Development THORSEN, CAMPBELL, ROLANDO AND LEHNE sy r .. . / ' � . Attachment 1 Contract of November 30, 1978 City of Saint Paul and Thorsen, Campbell, Rolanda and Lehne. Range of audited costs in audit units (*defined by contract as $1,000.00 or fraction thereof�of CDBG expenses - one audit unit. 1600 - 1800 units @ $.59 per unit 1400 - 1600 units @ $.60 per unit 1200 - 1400 units @ $.62 per unit i� ' OM Ol : 12/1975 .. ,� Rev. : 9/8/76 EXPLANESIOUTIFNS�INDST DINANCESDERS, ,�,-��,�`c�n 'C �:�I oate: November 7, �9�s R E C � 10/ E D NOV 1 5 1978 T0: MAYOR GEORGE LATIM�R ���� � FR: MR. WILLIAM Q. PATT0IV `'� 4� � RE: AUDIT OF CDBG PROJECTS ACTION REQUESTED: Approval of council resolution authorizing Thorsen, Campbell , . Rolando and Lehne to perform an audit for the City of Saint Paul and HRA community development pro��ects. PURPOSE AND RATIONALE FOR THIS ACTION: To meet HUD's requirements pertaining to audits. ATTACHMENTS: Council Resolution and copy of agreement