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HomeMy WebLinkAboutHousing & Redevelopment Authority Resolution 81-02HOUSING AND REDEVELOPMENT AUTHORITY CITY OF PLYMOUTH Pursuant to due call and notice thereof,a regular meeting of _ the Housing and Redevelopment Authority of the City of Plymouth, Minnesota was held on the 1st day of June , 19 81. The following members were present: a r Hillstrom, Mission rs FaUe & Hoyt The following members were absent: Comm ss oners Erickson 5 Hells w,t Commissioner Ho t introduced the following Resolution and moved Its a op on: HRA Resolution #81-02 Selection of an Independent Auditing Firm to Audit the HRA for the Period July 1, 1979 -June, 30, 1981 WHEREAS., the HRA of the City of Plymouth is required under state law to provide the State Auditor with an audit of its operations; and WHEREAS, three auditing firms submitted proposals to conauct such an audit; and WHEREAS, the firm of Robert J. S;;lvester was the lowest bidder; NOW, THEREFORE, BE IT RESOLVED that the firm of Robert J. Syivester of York, Nebraska be retained to perform an audit for the Plymouth HRA for the period July 1, 1979 through June 30, 1981 in accordance with the contract herein attached for an amount not to exceed $934.00 The motion for the adoption of the foregoing Resolution was duly seconded by mmissioner Bakke , and upon vote being taken thereon, the following vote n avo r—t reof: Chair Hillstrom, Commissioners Bakke & Hoyt. The f-dllowing voteavoteagainst or abstained: Non ' Whereupon the Resolution was declared duly passea ana a op e . C7 PROPOSAL AND CONTRACT between THE PLYMOUTH HRA INDEPENDENT PUBLIC ACCOUNTANT AND for AUDIT SERVICES THIS AGREEMENT, entered into as of the 29 day of April , Si , by and between the Housing and Redeve Y- 19 int Authority of the City 'o7 Plymouth State of Minnesota, (hereinafter referred to as the Public Housing Agency), and Robert J. Sylvester u name `67 accountant or accounting firm; Independent Public Accountant of 215 East 6th Street Address of main o ices, inclu ung State) with offices at York Nebraska; 68467 hereinafter referred to as the "Contractor"), WITNESSETH: WHEREAS the Public Housing Agency has entered into a contract contracts) with the United States of America acting through the Department of Housing and Urban Development (hereinafter referred to as the "Government") for financial assistance for low-income public housing pursuant to the United States Housing Act of 1937, as amended, 42 United States Code section 1437 et seq.; and WHEREAS, pursuant to said contract (contracts), the Government and the Comptroller General of the United States or his duly authorized representatives have the right to audit the books and records of the Public Housing Agency pertinent to its operations with respect to such financial assistance; and WHEREAS, the Government has authorized the Public Housing Agency to procure such an audit by an Independent Public Accountant in lieu of audit by the Government, subject to Government approval of the specific contract for audit entered into between the Public Housing Agency and the Independent Public Accountant; and WHEREAS, the Public Housing Agency desires the Contractor to conduct and perform such an audit; 140'w, THEREFORE, the Publi_ Housing Agency and the Contra-tcr & mutually agree as follows: 1. The Contractor shall audit the aLCOcnts and records of the Public Housing Agency for tl)e 24 month period ending June 30, 1981, in accordcnce with generally accepted auditing standards and the auditing and reporting provisions of the applicable HUD Audit Guide for the Low -Income Housing Program for use by Independent Public Accountants, herein referred to as Audit Guide. The audit performed shall be sufficient in scope to enable the Contractor to express an opinicn in the auditreportonthefinancialstatementsofthePublicHousingAgency. 2. The books of account and financial records to be audited are maintained and are located at the Public Housing Agency's office at 3400 Plymouth Blvd., Plymouth, MN 55447. These books 2- and records will be made available to the Contractor by the Executive Director of the Public Housing Agency at the Contractor's request for the Contractor's use at the Public Housing Agency's office during normal business hours. 3. If the Contractor ascertains that the Public Housing Agency's books and records are not in a sufficiently satisfactory condition for performing an audit, the Contractor shall disclose this de- ficiency to the Public Housing Agency. If the Public Housing Agency cannot get its books ready for an audit within 15 days, then the IPA should notify the Government. Notification to the Govern- ment shall be by written communication addressed to the Regional Inspector General for Audit, Regional Office, Department of Housing and Urban Development, 300 South Walker Drive, Chicago, Illinois with a copy to the Director, Field Office, Department of Housing and Urban Development, 220 South Second Street, Minneapolis, Mr; 55401. The Contractor shall await further instructions from the Regional Inspector General for Audit before continuing the audit. 4. Upon completion of the audit, an Audit Report consisting of those elements described in the Audit Guide shall be simultaneously submitted to the Regional Inspector General for Audit (20 copies) and Public Housing Agency 0 copy for each Commissioner and re- quired copies. -for the Executive Director) as joint addressees. 5. 'The Audit Report shall be submitted within 120 days af*er the close of the Public Housing Agency's fiscal year unless a shorter period is required by State law. . 6. The Public Housing Agency may, before or during the conduct of the audit, request changes in the scope of the services of the Contractor to be performed under this contract. Such changes,, in- cluding any increase or decrease in the amount of the Contractor's compensation and any change in the time limitation for submission of the Contractor's report, which are mutually agreed upon by and between the Public Housing Agency and the Contractor, shall be in- corporated into written amendments to this contract and shall be subject to the Government's approval. 7. The Public Housing Agency agrees to pay the Contractor as compensation for the services and report mentioned herein. a lump - sum fee of $ 934.00 , inclusive of all costs and expenses. The fee is based on the following: a. Partner(Principal):$ 4er.hour; estimated man -days lL $ _80.00 b. Senior(Manager):$ Y__per hour; estimated man -days — 4 $,_-794.00 c. Semi -Senior per hour; estimated man -days d. Junior $ .:r hour; estimated man -days — scr j Type, Copy 6 Travel 150.00e. Other (de Total $ ,my 4.0O It is estimated that 4 14,man-da;,s will be requires to Sperform the audit. Such lump -sum fee shall be payable after submissiot- of the Audit Report to the Public Housing Agency and after submission of copes of the report to the Government as provided in paragraph 4 above and the Government's review and approval of the report. The PHA ray pay up to 50 per- cent of the fee upon submission of :he Audit Report and copies thereof and the bill from the Contractor without the Government's authorization. 8. The Contractor must be either a Certifiec Public Acco•jntant, or a licensed or registered public accoun Wit licensed on t,r- before December 31, 1970, by a regulatory authority of a state or other political subdivision of the United States and meet any legal requirements concerning registration in which the P6ol is Housing Agency is located. In addition, those public accountants licensed atter December 3' 1j70, but prior to DeV-1ber 31, 1975, ono performed a PHA audit prior to December 31, 1975, will be eligible to continue to perform PHA audits. A statement by the state identifying such registration or license shall be attached to this Contract. 9. The Contractor certifies that its principal officer(s) or member(s) do not now ha4p and have not had during any period covered by this audit ar,y interest, direct or indirect, in the PHA or any of its members or officials including the foiiowing: a. Family relationship with any PHA member or official; b. Employment by or dervice as a member or official of a PHA during the period covered by the audit. 10. The Contractor certifies that it has not provided accountingorbookkeepingservicesforthePHAduringtheperiodcoveredby the audit except as follows: Nvne 11. No member, officer or employee of the Public Housing Agency, no member of the governing body of the locality in which any of the Public Housing Agenfy's r -sects are situated, no member of the g000-ning body of tF• log .-ty in which the Public Housing Agercy was activated, no other public official of such locality or local ties r, exercises any responsibilities or functions with respect t. -ne Public Housing Agency' ;rojects, during his/her tenure or for one year thereafter, wha7. I have any interest, direct or indirect, in this contract or the proceeds thereof. 12. No member of or Delegate tc Congress ;,f the United States or Resident Conmissionev shall be admitted to any share .:r part of this contract or to any benefit that may arise therefrom. 13. The Contractor warrants that he/she has not employed any person to sclicit or secure this contract upon any agreement for a com- 1;.ssion, percentage, brokerage, or Contingeitt fee. Breach of this warranty shall give the Public Housing Agency the right to ter- minate this contract, or, in its discretion, Lo deduct from the Contractor's fee the amount of such commission, percentage, brokerage, or contingent fee. 4 - 14. The Contractor shall not assign or trans*er any interest in this contract except that claims for monies due or to become due from the .Public Housing Agency under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining members of such partnership. 15. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or rational origin. The Contractor shall take affirmative action to ensure that applicants are employed, and employees are treated furing employme:n%, without regard to race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to w the following: employment, upgrading, demotion. or transfer; recruit- ment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. 16. For a period of four years from the date of the Audit Report, the Contractor shall make its workpapers, records, and other evidence of audit available to the Government and to the Comptroller General of the United States or his duly authorized representatives during nor- mal working hours upon written request of the Government or of the Comptroller General or his representatives. The period will be re- duced to three years for those Public Housing.Agencies for which all projects have had Actual Develipment Cost Certificates issued. The Government and the. Comptroller General shall be entitled to reproduce any or all of such documents at their expense for which provision shall be made at the time the need for reproduction arises. 17. Except for disclosure to the Government, the Comptroller L,eneral and the Public Housing Agency, the Audit Report and the workpa,.vrs, records, and other evidence of audit, including 4. -.formation ana data prepared or assembled by the Contractor under this contract shall be held confidential by the Contractor and shall not be made available or otherwise disclosed to any person without the prior written approval of the Government. 18. The Government's approval of this contract shall be evidenced by the signature of the Field Office Director at the end thereof. IN WITNESS WHEREOF, the Public Housing Agency and the Contractor s have executed this agreement the day and year first above written. HOUSING ANI' REDEVELOPWT AUTHORITY J. SYLVES R OF PL " Name o In epep en y c cc iinta t )(Name of Publicc Rousing 0 ge-ecy CY _ s Date 75—a me Dat.l Concurred: Department of Housing and Urban Development BY Name of Fieldict-(Name) .-'— ate Approved: tofieldceierector