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HomeMy WebLinkAbout1971-11-16; City Council; 579; Water System Improvement ProjectTHE CITY OF CARLSBAD, CALIF' ORNIA Agenda Bill No. ^ff Date: Nov. 16, 1971 'Referred To.- -....•-.--. Subject: . Submitted By:'\ Water Systems Improvement Project"- Audit Contract City Engineer . Statement of the Matter HUD requires the City to enter into a separate -audit contract for auditing the Water Systems Improvement Project. The agreement attached as Exhibit "A" has been negotiated with the City Auditor, Carroll and -Braritley. Payment will be on a time and material basis, with a guaranteed maximum of $1,500.00. The work will be performed upon'com- pletion of the proj'ect. Project funds are available for this audit.i HUD requires that "a contract be entered into prior to their releasing . Federal funds to.the City. Exhibit "A" Audit Contract. Staff Recommendations Adopt a motion authorizing the Mayor and the -City Clerk to-execute the attached audit contract with Carroll and Brantley for a maximum fee not t6 exceed $1,500.00. AB NO.Da to: Nov- 16' 1971 City /fanacrer's Recommenda t ion Co unci 1'Action 11-16-71-The Majzor -and Ci ty Clerk were authorized to execute the agreement between'Carrol 1 & BrantTey and the City,' for Audit of the Water Systems Improvement Project, at a maximum fee not to.exceed $1,500. -2- 2 3 6 8 9 10 11 12 13 14 15 16 17 18 19 AUDIT CONTRACT IN CONNECTION WITH HUD WATER AND SEWER FACILITIES GRANT PROGRAM THIS NEGOTIATED CONTRACT, entered into as of the day of ivc\tfs-™,r>.cc-it.t 19'?/ , by and between the City of Carlsbad, hereinafter called the "Owner" and Carroll & Brantley, having its principal office located at '-?<*'<• , hereinafter called the "Con- tractor" , WITNESSETH THAT: WHEREAS, the United States Department of Housing and Urban Development, hereinafter called the "Government" under date of January 1, 1969, entered into a Grant Agreement with the Owner covering Government grant assistant to finance a portion of the de- velopment cost of certain public water or sewer works or facilities, known as Project No. WS-6-05-0240, hereinafter called the "Project", and, WHEREAS, construction of the Project now being completed, the Government requires that the Owner submit an independent final audit report based on an examination of the books and records pertaining to .20 ii such Project, and the Owner desires and the Contractor is willing to ji 21 jj undertake the work, as hereinafter specified, it being understood I!22'! that there is no liability upon the Government with respect to 23 24 25 I payment. NOW, THEREFORE, the parties agree as follows: ARTICLE 1. STATEMENT OF WORK. The Contractor shall perform ii26 i! the audit examination of the books and records pertaining to the 27 I Project and prepare the audit report in accordance with the procedures ipart hereof. The Contractor shall furnish the Owner ten (10) manually signed copies of the audit report, addressed to the Owner at 1200 Elm Avenue, Carlsbad, California, 92008. The audit report shall -1- EXHIBIT "A" tr 2 3 4 5 6 8 10 11 12 13 14 15 16 17 18 19 .20 21 22 23 disclose whether the Contractor is the regular auditor of the Appli- cant. The Contractor shall complete performance within ft? days after receipt of notification by the Owner to proceed with the audit. ARTICLE II. COMPENSATION. In consideration of the performance of the above described services, Owner agrees to pay Contractor an amount based upon Contractor's proposal dated a copy of which is attached hereto as Attachment Two. In no event shall said amount be greater than $ '/ ^~o o _ . Payment to the Contractor will be made after receipt and acceptance by the Government of the audit report and receipt by the Owner of a Voucher or commercial invoice accompanied by a certified statement showing (1) name of accountant (s) performing work, (2) class or title of accountant (s) , (3) dates on which work was per- formed, (4) total hours devoted to audit by each class or title, and (5) the applicable per diem rate(s). ARTICLE III. INSPECTION OF WORKING PAPERS. The Contractor agrees that duly authorized representatives of the Owner and the Government shall, until the expiration of three years after final payment under this contract, have access and the right to examine the working papers prepared in connection with the audit performed under this contract, which papers the Contractor agrees to retain for 24 jj such purpose. 25 ARTICLE IV. ADDITIONAL PROVISIONS. City reserves the right 26 ji to terminate "this agreement at any time by giving Contractor three 27 • (3) days prior written notice thereof in the United States mails, 28 | postage prepaid, and addressed to Contractor at 1756 Orange Avenue, 291 Costa Mesa, California 92627, or such other address as may be 30 designated- in writing by Contractor. Following receipt of such 31 notice, Contractor shall do no further work on the herein described 32 project. Termination shall become effective three (3) days following -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 30 . 31 32 the deposit of said notice in the United States mails. In the event that City terminates this agreement, it shall pay to Con- tractor, giving .credit for all amounts previously paid, the amount of Contractor's total billing for direct hourly rates to the time of termination, provided however that said payment to Contractor upon termination shall in no event be greater than that percentage of $ /, S~o o , which the amount of work done bears to the total amount of work agreed to be done hereunder. IN WITNESS WHEREOF, the parties hereto have executed this con- tract as of the day and year above written. By OWNER CONTRACTOR -i . <f -3-