271096 WHITE - CITV CLERK
PINK - FINANCE GITY OF SAI�NT PAUL Council . :���_�#�
CANARY - DEPARTMENT File � NO.
BLUE - MAYOR
Council Resolution
Presented By ��'`-�-�J
Referred To Committee: Date
Out of Committee By Date
RESOLVED, 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 an 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 1977, and the proper City officers are authorized
and directed to execute the agreement on behalf of the City of
Saint Paul.
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COUNCILMEN Requested by Department of:
Yeas� Nays �
Hozza
Hunt [n Favor
Levine �_np �
Roedler � __ Against BY �K°µ4 �
Syivester
Tedesco
MA�' ,��� ��r� Form Approved Ci Att ney
Adopted b � ncii: Date
Ce �ed P• ed Counci� S cretary BY
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Appr v d by ;Nayoc Da —
""" � App v d by M or or S bmi ion to �ouncil
By . ti B
�u$��SNED MAY 2 ? 1978
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A G R E E M E N T
THIS AGREEMENT, Made and entered into this lst day of May, 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, Minne-
apolis, Minnesota 55402, hereinafter designated as "Consultant".
WI�REAS, in compliance with the Federal Housing and Cou�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 Commiunity Development Block Grant
Program funds, and the City has been awarded funds from the said Department;
and
WHEREAS, as prime sponsor the City, is operating and, has entered
into various subgrant agreements with organizations for the purpose of
implementing the City's Coammunity Development Block Grant Program, � anc� the
City desires that Consultant perform audits for the activities performed by
the prime sponsor, the City, and HRA of St, Paul, in accordance with the
. various contracts of agreements wi,th the Dept. of HUD, City, and HRA, and
consultant is agreeable to perfoYming said services for the consideration as
hereinafter set forth.
NOW, THEREFORE, City and Consultant do hereby mutually agree as follows;
� 1. Term of Agreement: This Agreement and activities authorized here-
under shall take effect and be in force from and after the lst day of May,
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1978, and shall be completed by April 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 1977; the prime sponsor,
projects operated by the City, and St. Paul HRA projects. An audit report
with four additional copies for each report shall be submitted to the City �
in care of its Director of the Department of Finance and Management Services,
Room 113, City Hall, Saint Paul, Minnesota 55102. All audit reports shall be
submitted no later than August 31, 1978, Consultant shall promptly report
unauditable records and shall submit reports of such records with reasons
why they are unauditable. Consultant's audits of these projects will be•
financial and compliance audits made in accordance with generally accept-
able auditing standards, as more fully described in Audits of State and
Local Gavernmental Units, published by the American Institute of Certified
Public Accountants, Standards for Audit of Governmental Organizations,
Programs, Activities and Functions, and in particular, the Audit Guide and � ,
Standards for Coaununity Development Block Grant Recipients issued by the
U.S. Department of Housing and Urban Development. Consultant shall also
report upon any costs which it feels were questionable, as well as �their
observations and recouIInendations concerning internal accounting controls
_and procedures relating to each of the projects.
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3. Payment; The parties hereto agree that in consideration for per-
forming all the requirements herein, the City shall pay Consultant at the rate
of $.49 per audit unit; which includes compensation for all of Consultant's
expense for labor, communication, travel and miscellaneous expense. 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 number of
audit units, the following provisions are applicable:
� I. 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 considered in
determining the audit units. If expenses have been audited before, only the
costs audited for the period being exanu.ned under this Agreement will be
counted as an audit unit.
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. � Independent Contractor: For the purpose of tt�is Agreement, Con-
sultant 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 than
_ 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 may or might arise under the Workmen's Compensation Act of Minnesota
on behalf
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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 made by
any third party as a cor.sequence of any act or omission on the part of
the consultant, the employee or other persons while so engaged on any
of the work or services to be rendered, shall in no way be the obligation
or responsibility of the City,
S. 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, creed, sex, age
disability, religion, or color, ,
This Agreement is subject to Title VI of the Civil Rights Act of 1964
(Public Law 88-352) and the Rules and Regulations issued pursuant thereto,
and Consultant shall comply with Executive Order No. 11246, entitled "Equal
Employment Opportunity" as suppleuiented in Department of Labor Regulations -
(4 CFR, Part 60},
The Consultant agrees to comply with all the terms and conditions
set forth in Chapter 238, Laws of Minnesota for 1941. �
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 specifically Section 74.03A thereo� pertaining to affirmative action. The
provisions of said Chapter 74 are heieb� incorporated herein by reference. �
6. Other Requirements; Consultant shall comply with all requirements
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imposed upon the City pursuant to the "Housing and Community 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 AQreement: The City reserves the right to suspend
or terminate this Agreement at any time and without cause, and in that event
the City will reimburse Consultant for all services rendered to the date of
receipt of notification of termination.
8. Indemnification; Consultant shall indemnify, save harmless, protect
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 Consultant, its officers, agents or employees in carrying out the
terms of this Agreement.
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IN WITNESS Wf�REOF, The parties have caused this Agreement to be
executed the day and year first above written, �
APPROVED AS TO FORM: CITY aF SAINT PAUL
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, �
;; '� , �
y:' -�.� By
Assist�t ity Attar}�e3/ �
i � � ��
�
Director, Department of Finance
. and Management Services
' Director, Department of Planning
and Economic Development
� Thorsen, Campbell, Rolando and Lehne
� BY
� Partner
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