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D1117 White — City Clerk CITY OF ►SAINT PAUL Pink — Finance Dept. Canary— Dept. OFFICE OF THE MAYOR No: ADMINISTRATIVE ORDER 5 1914. .. Date: ADMINISTRATIVE ORDER, That the proper City officers are authorized and directed to execute on behalf of the City of Saint Paul a Consulting-Accounting Agreement between the City and Elmer Fox & Company, authorizing the audit of five specified Model Cities Projects by the said company to comply with the Model Cities regulations pre- scribed by HUD pertaining thereto, and the costs incurred by this Agreement to be charged to Model Cities Administration Fund No. 30200. • Approved as to funding: Clemens J. S; leck - Acting Director Dept.- of Finance and Management Services APPROVED AS TO F RM Rosf. - « TPODEA4 ACTING ur-ector Dept. of Finance & M mt. Serv. By Assistan Cit orney r Department Head Date Administrative stant to Mayor AGREEMENT FOR PROFESSIONAL ACCOUNTING SERVICES s • BETWEEN CITY OF SAINT PAUL AND EL.MER FOX & COMPANY THIS AGREEMENT, Made the day of , 19749 by and between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter referred to as "City", and ELMER FOX & COMPANY, certified public accountants having an office at The First National Bank Building, Saint. Paul, Minnesota, 551019 hereinafter referred to as "Consultant"; WITNESSETH: WHEREAS, The City desires to obtain the services of Consultant for the purpose of auditing certain projects, which projects are in- cluded in the Saint Paul Model Cities Program, which program is • funded by the United States Department of Housing and Urban Develop- ment, the audit to be made by Consultant on behalf of City as a means of complying with the underlying agreement between the City and HUD; NOW, THEREFORE, The City and Consultant, for the consideration hereinafter named, do hereby mutually agree as follows: 1 . Consultant shall, in accordance with the applicable audit requirements of HUD, make financial examination of the following projects for the City for the fiscal years as indicated: Cultural Arts - ICYL 10-1-72 to 6-30-73 606 Drop-in-Center 10-1-72 to 9-30-73 Hallie Q. Brown - Senior Citizens 10-1-72 to 6-30-73 • Cultural Enrichment - Hallie Q. Brown 10-1-72 to 6-30-73 • Montessori Day Care 10-1-72 to 6-30-73 Consultant shall examine the accounts of the above projects, which examination shall be made in accordance with the applicable requirements of HUD and with generally accepted auditing standards, and shall include tests of the accounting records and such other auditing procedures as Consultant shall consider necessary to en- able it to render an opinion on the fairness of the financial statements ; Consultant shall determine whether the costs incurred are eligible under the underlying Grant contracts between the City and HUD; and Consultant shall determine the degree of compliance or noncompliance with the terms and conditions of the said underlying contracts between the City and HUD. The City shall cooperate with Consultant and shall attempt to gain the cooperation of the above organizations so as to provide Consultant with such schedules and analyses of the various accounts as may be requested by Consultant. 2 . Term of Agreement This Agreement shall go into effect the day and year first above written, and Consultant shall complete the requisite examinations and submit its written findings and reports on or before April 15, 1974. Upon good cause being shown, the Director of the Department of Finance and Management Services of the City may authorize an extension of time for the completion of the examinations . r r ' 3. Fee: Consultant shall be. entitled to be paid according to the following schedule: 2 . G • Junior Accountant $17 .00 per hour Senior Accountant 19 .00 per hour. In-Charge Accountant 21.00 per hour Partner 34.00 per hour In addition to the above hourly fees, the City shall pay all approved out-of-pocket expenses incurred. by Consultant. In no event will the total obligation of the City under this Agreement exceed the sum of Four Thousand Dollars ($49000.00) . The above fee does not cover any special work which may be required. Special work is meant to include any work which would not form a part of the normal procedure necessary to enable Consultant to express an opinion on the financial statements . This fee does not cover any special investigations of any complicated irregularities which might be discovered, and in any such case the matter will be brought to the attention of the Director of the City' s Department of Finance and Management Services, and any such special work must be approved in writing by the said Director prior to Consultant incurring any additional expenses . Consultant shall bill the City for expenses incurred during the previous calendar month period, and the City shall, within fifteen (15) days of receipt of such billing, remit the City' s . check for these expenses . The City reserves the right to make full and complete audit of the Consultant' s bookkeeping records to verify to the City' s satisfaction the propriety and correctness of any billing to the • City for services rendered under this Agreement. 3. 4. The Consultant shall indemnify, save harmless, protect and defend the City and all of its officers, agents and employees from all suits, actions or claims of any character brought for or on account of any injuries or damages received by any person or property resulting from an error, omission or negligent act of the Consultant or any persons employed by it in carrying out the terms of this Agreement. S . For the purposes of this Agreement, the Consultant shall 4 be deemed to be an independent contractor, and not an employee of the City. Any and all employees of the Consultant or other persons, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall not be considered em- ployees of the City, and any and all claims that may or might arise under the Workmen' s Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as�a consequence of any act or omission on the part of the Consultant' s employees 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. The Consultant shall pay as they become due all just claims for work, tools, machinery, skills, materials, insurance premiums, equipment and supplies furnished, rendered or performed in the execution of this F Agreement. 6 . Nondiscrimination: The Consultant shall be deemed a con- tractor for the application of all provisions hereto and laws 4. • against unlawful discrimination on account of race, creed, color, .. national origin, religion, or sex. The Consultant agrees, in accordance with Chapter 2389 Laws of the State of Minnesota for 1941, and. in accordance with City Ordinance No. 13706, as amended, that in the hiring of common or skilled labor for the performance of any work under this Agreement, it shall not by reason of race, creed, color, national origin, religion, or sex discriminate against any person who is a citizen of the United States who is qualified and available to perform the work to which such employment relates; that no contractor, material supplier or vendor under this Agreement shall in any manner discriminate against or intimidate or prevent the employment of any person, or on being hired, prevent or conspire to prevent any person from the performance of work under this Agree- ment on account of race, creed, color, national origin, religion, or sex, and that this Agreement may be canceled or terminated by the City and all money due or to become due hereunder shall be forfeited for a second or --'a'ny subsequent violation of the terms or conditions of this Agreement. 7 . City Employees: The Consultant shall not engage on a full or part-time or other basis, during the period of this Agreement, any professional or technical personnel who are or have been at any time during the period of the contract, in the employ of the City except regularly retired employees. 8 . Subletting: The services of the Consultant to be performed hereunder are personal and shall not be assigned, sublet or trans- ferred unless written authority to do so is granted by the City. 5. S. 9 . Termination: This Agreement may be terminated by the City for any reason whatsoever, at any time, upon written notice to the Consultant thereof. Copies of all data, reports, programs and other written information prepared by the Consultant prior to said termination shall become the property of the City. Such termination shall not affect any legal right of the City against the Consultant for any breach of this Agreement. IN WITNESS WHEREOF, The parties hereto have caused this Agree- ment to be executed and to be effective as of the date and year first above written. Approved as to Form: CIT AINT PAUL Assistant City Attorney MayZW Director, Department of Finance and Management Services ELMER FOX & COMPANY Its C Z� 6.