HomeMy WebLinkAbout72-79 RESOLUTION•
RESOLUTION NO. 79-79
A RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT
OF THE CITY OF FAYETTEVILLE TO ENTER INTO A CONTRACT FOR AUDITING
SERVICES WITH SCARBROUGH & MURTISHAW, CERTIFIED PUBLIC ACCOUNTANTS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
That the Community Development Department of the City of
Fayetteville, Arkansas, is hereby authorized and directed to
enter into a contract for auditing services with Scarbrough
& Murtishaw, Certified Public Accountants. A copy of the
contract authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this grAs day aarif
1979.
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APPROVED:
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MICROFILMED
DATE OCT 3 1919
REEL
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CONTRACT BETWEEN LOCAL PUBLIC AGENCY
AND INDEPENDENT PUBLIC ACCOUNTANT FOR AUDIT SERVICES
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This Agreement, 'entered into as of the 82 day of August , 19 79
EXHIBIT
,.by
and between the City of Fayetteville Community Development Department
(hereinafter called the Local Public Agency), and Scarbrough,
$ Murtishaw : Independent Public Accountant,
with offices at Fayetteville, Arkansas
(hereinafter called the "Contractor"),
WITNESSETH:
WHEREAS the Local Public Agency entered into a contract (contracts) with the
United States of America ("Government") acting by and through the Secretary of
Housing and Urban Development ("Secretary") for financial assistance under Title I
of the Housing Act of 1949, as amended, 42 United States Code Section 1450; and
WHEREAS, pursuant to said contract(s), the Secretary and the comptroller
General of the United States or his duly authorized representatives have the
right to audit the books and records of the Local Public Agency pertinent to its
operations with respect to such financial assistance; and
WHEREAS the Secretary has authorized the Local Public Agency to procure an
audit by an Independent Public Accountant in lieu of such audit by the Secretary,
subject to his prior approval of the specific contract for audit entered into
between the Local Public Agency and the Independent Public Accountant; and
WHEREAS the Local Public Agency desires the Contractor to conduct and perform
such an audit;
NOW, THEREFORE, Local Public Agency and the Contractor do mutually agree as
follows:
1. The Contractor shall audit the accounts and records of the Local Public
Agency for the 24 month period ending June 30 , 19 79 , in accordance
with generally accepted auditing standards and the auditing and reporting provisions
of HUD Handbook IG 6505.2, Audit Guide and Standards for Community Development Block
Grant Recipients, or such other applicab.le requirements as the secretary may here-
after establish for said Program, herein called the Audit Guide. The audit performed
shall be sufficient in scope to enable the Contractor to express an opinion in the
audit report on the financial statements of the Local Agency.
2. If the Contractor determines that the Local Public Agency's books and records
are not in sufficiently satisfactory condition for performing an audit, the Contractor
shall disclose this deficiency to the Local Public Agency. If, the Local Public
Agency cannot get its books and records ready for audit within 15 days, the Contractor
shall notify the Secretary by written communication addressed to the Regional Inspedtor
for Audit,. Regional Office, Department of Housing and Urban Development, New Dallas
Federal Building, 1100 ComMevpe Street, Dallas, Texas 75242, with a copy to the Area
Director, Department of Housing and Urban Development, Union National Bank, n1 Union
National Plaza, Little Rock, Arkansas 72201. The Contractor shall await further
instructions from the Regional Inspector General for Audit before continuing the
audit.
3. 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 (6 copies), and to the Local Public Agency (7 copies to
the Area -Director and one copy to the Local Public Agency governing body) as joint
addressees.
4. The audit report shall be submitted within 150 days after receipt of notifi-
cation from the Local Public Agency to proceed with the audit.
MICROFILMED
DATE SEP 6 1979
REEL ' _.
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5. The Local Public Agency agrees to pay the Contractor as compensation for
the services and report mentioned herein, a lump -sum fee of $ 2,852.00
inclusive of all costs and expenses.- The fee is based on the following:
a. Partner (Principal):
b. Senior (Manager):
Semi -Senior:
d. Junior:
$ 32.00 per hour; estimated man days 2 $ 512.00
$ 24.00 per hour; estimated man days 6 $ 1,152.00
$ per hour; estimated man days $
1
$ 17.00 per hour; estimated man days • 8 $ 1,088.00
e. Other: (describe) Administrative - Typing, copying, and $ 100.00
assembling
TOTAL $ 2,852.00
It is estimated that 16 man days will be required to perform the audit.
Such fee shall be payable after receipt and acceptance by the Secretary of the
audit report.
6. changes in the scope of the services of the Contractor to be performed under
this Agreement, including 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 Local Public Agency and the
Contractor, shall be incorporated into written amendments subject to the same
concurrence requirements as this Agreement.
7. The Contractor certifies that its principal officer(s) or member(s) is a
Certified Public Accountant and/or Licensed or Registered Public Accountant, certified,
licensed or registered by a regulatory authority of a State or other political sub-
division of the United States. A statement identifying such certification or license
shall be attached to this Agreement.
8. The Contractor covenants that during the period to be covered by audit he
shall have no interest, direct or indirect, with respect to the Local Public Agency
which creates a conflict of interest. The Contractor further covenants that in the
performance of this Agreement no person having such interest shall be employed.
Conflicts of interest include, but are not limited to -
a. Family relationships with officials of the Local Public Agency.
b. Where the accountant during the period covered by the audit was
connected as an officer or employee of the Local Public Agency.
c. Where the Contractor has an interest in the Community Development
project areas, or any parcels therein, covered by the audit.
9. No member, officer or employee of the Local Public Agency, no member of the
governing body of the locality in which the Local Public Agency's project is situated,
and no other public official of such locality or localities who exercises any responsi-
bilities or functions with respect to the Local Public Agency's project, during this
tenure or for one year thereafter, shall have any interest, direct or indirect, in
this Agreement or the proceeds thereof.
10. No member of or Delegate to Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefit that may arise therefrom.
11. The Contractor warrants that he has not employed any person to solicit or
secure this Agreement upon any agreement for a commission, percentage, brokerage,
or contingent fee. Breach of this warranty shall give the Local Public Agency the
right to terminate this Agreement, or, in its.discretion, to deduct from the
Contractor's fee the amount of such commission, percentage, brokerage, or contingent
fee.
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12. The Contractor shall not assign or transfer any interest in this Agreement
except that claims for monies due or to become due from the Local Public Agency
under the Agreement may be assigned to a bank, trust company, or other financial
institution. If the Contractor is a partnership, this Agreement shall inure to
the benefit of the surviving or remaining members of such partnership.
13. The Contractor shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, age, or national origin. The
Contractor shall take affirmative action to ensure that applicants are employed,
and employees are treated during employment, without regard to race, color, religion,
sex, age, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notice to
be provided by -the Local Public Agency setting forth the provisions of this nondiscri-
mination clause. The Contractor will, in all solicitations or advertisments for
employees placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment without regard,
to race, color, religion, sex,
or national origin.
14. For a period of three years -after final payment under this Agreement, the
Contractor shall make its workpapers, records, and ^•'-'r evidence of audit available
to the Secretary and to the Comptroller General of - nited States or his duly
authorized representatives. The Secretary and the :roller 'General shall be
entitled to reproduce any or all of such(5ocuments = :eir expense for which provision
shall be made at the time the need for reproduction - :es.
15. All of the reports, information, data, etc., -+repared or assembled by the
Contractor under this Agreement are confidential and .the Contractor agrees that they
'shall not be made available to any individual or organization -without the prior written
approval of the Local Public Agency.
16. The Contractor shall comply with all applicable laws, ordinances-, or codes of
the State or local governments, in performing any of the work embraced by this Agreement.
17. If, through any clause, the Contractor shall fail to fulfill in timely and
proper manner his obligations under this Agreement, or if the Contractor shall violate
any of the covenants, agreements, or stipulations of this Agreement, the Local Public
Agency shall thereupon have the right to terminate this Agreement by giving written
notice to the Contractor of such termination and specifying the effective date thereof,
at least five days before the effective date of such termination. In such event, all
finished or unfinished documents, data, and reports prepared by the Contractor under
this Agreement, shall, at the option of the Local Public Agency, become its property
and the Contractor shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents
Notwithstanding the above, the Contractor shall not be relieved of liability to the
Local Public Agency for damages sustained by the Local Public Agency by virtue of any
breach -of the Agreement by the Contractor, and the Local Public Agency may withhold
any payments to the Contractor for the purpose of setoff until such time as the exact
amount of damages due the Local Public Agency from the Contractor is determined.
18. The Secretary's approval of this Agreement shall be evidenced by the signature
of the Area Director at the end thereof. This Agreement shall not be in full force and
effect until and unless the Secretary's approval of this Agreement has been obtained.
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.1N WITNESS WI-IEREOF, the Local Public Agency and the Contractor have executed
this Agreement -the day and year first above written.
BY
BY
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITY OF Fayetteville, Arkansas.
SCARBROUGH $ Murtishaw
Certified Public Accountants