D2322 White — City Clerk CITY OF SAINT PAUL
NO:
Pink — Finance Dept.
Canary— Dept.
OFFICE OF THE MAYOR Date: SEP 2 4 1975
ADMINISTRATIVE ORDER
ADMINISTRATIVE ORDER, That the proper City Officers are directed to execute
an agreement between the City and Elmer Fox & Company, providing auditing services
for the following Model Cities Programs, at a total fee not to exceed $2,500.00,
to be charged to Fund No. 30200.
Red School House 10/1/73 - 12/31/74
•
�mDirect tment oll
Fina a and
APPROVED AS TO FORM Management Services
sistant Ci Att rn Department Hea
Date
A minis ative Assist t to Mayor
AGREEMENT FOR PROFESSIONAL ACCOUNTING SERVICES BETWEEN
CITY OF SAINT PAUL AND ELMER FOX & COMPANY
THIS AGREEMENT, Made the day of , 1975, 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, 55101, 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 included in the Saint Paul Model Cities
Program, which program is funded by the United States Department of Housing and Urban
Development, 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 project for the City for the fiscal years
as indicated:
Red School House 10/1/73 - 12/31/74
Consultant shall examine the accounts of the above project, 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 enable 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 organization so as to provide Consultant with such schedules and
analysis 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 90 days from the date of
contract. 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.
3. Fee: Consultant shall be entitled to be paid according to the following
schedule:
Junior Accountant $20.00
Senior Accountant 22.00
In Charge Accountant 25.00
Manager 34.00
Partner 42.00
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 Two Thousand Five Hundred Dollars ($2,500).
• 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 statement.
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.
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4. The Consultant shall indemnify, save harmless, protect and defend the City
and all of its officers, agents and employees from all suites , 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, ommission or negligligent act of the
Consultant or any persons employed by it in carrying out the terms of this Agreement.
5. For the purposes of this Agreement, the Consultant shall 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
employees 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
Agreement.
6. Nondiscrimination: The Consultant shall be deemed a contractor for the
application of all provisions hereto and laws against unlawful discrimination on
account of race, creed, color, national origin, religion, or sex. The Consultant
agrees , in accordance with Chapter 238, 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 be 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,
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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
Agreement on account of race, creed, color, national origin, religion, or sex and
that this Agreement may be cancelled or terminated by the City and all money due or
to become due hereunder shall be forfeited for a second or any 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, duringfthe 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 transferred unless written authority
to do so is granted by the City.
9. Termination: This Agreement may be terminated by the City for any reason
whatsoever, at any time, upon written notice to the Consultant therof. 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 Agreement to be
executed and to be effective as of the date and year first above written.
Approved as to F rm: CITY OF SAINT PAUL
\ By
Ass' t t C tyt ey Mayor
Director, Department of Finance
and Management Services
ELMER FOX & COMPANY : By
Its