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HomeMy WebLinkAbout1981-05-19; Housing & Redevelopment Commission; Resolution 84s 9 % 1 2 3 4 5 6 7 8 9 10 11 12 ~ 0 0 RESOLUTION NO. 8 A RESOLUTION OF THE CARLSBAD HOUSING AND REDEVELOP- MENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIZ APPROVING AN AGREEMENT BETWEEN CARLSBAD HOUSING ANI REDEVELOPMENT COMMISSION AND GEORGE A. PETERSON & COMPANY TO CONDUCT AN AUDIT OF HUD SECTION 23 AND SECTION 8 LOW INCOME HOUSING OPEMTIONS FOR A THIR? SIX MONTH PERIOD ENDING JUNE 30, 1981 AND AUTHORIZ: THE HOUSING AND REDEVELOPMENT CHAIRPERSON TO EXECU1 SAID AGREEMENT. WHEREAS, the Carlsbad Housing and Redevelopment Commission desires to engage the auditing services of Georg( Peterson and Company: i I I NOW, THEREFORE, BE IT RESOLVED by the Carl sbad Hou: and Redevelopment Commission as follows: 1. That the above recitations are true and correc & 3 g 13 .a N in Sa dated December 11, 1980, a copy of which is attached hereto ' mG I- ?I E -1 l5 and Redevelopment Commission and George A. Peterson and Comr oL 00'2 L' ' l4 2. That the agreement between the Carlsbad Housir >I- E 17 'E2 y 52~6 16 53 Q) =>$E 85:s marked Exhibit A and made a part hereof, is hereby approved< lLl0 aa 3. That the Carlsbad Housing and Redevelopment Lo r I- o '*/I Commission Chairperson is hereby authorized and directed to 19 20 21 22 23 24 25 26 27 28 i execute said agreement for and on behalf of the Commission. PASSED, APPROVED AND ADOPTED by the Carlsbad Housir and Redevelopment Commission at a regular meeting thereof, E /// /// /// /// /// /// /// ~ II .. ’. 1 2 3 4 5 6 7 8 9 10 11 /I 12 2 Y i 13 0 &% 8 Z~LU~ 14 gozg OCZF 15 mG -I u:, Sa Szgo. 16 !E:$ 52 y >$ K 17 c V 18 ulv a 0 0 0 on the 19th day of razy I 1981, by the follow: vote, to wit: AYES: Cdssioners Packard, Casler , hear and Kulchin NOES: NONE ABSENT: conmissioner Lewis /-]:? d’/f// c 1; .. [” A,/ .ii’ 6?x-z &A’ 1 A,<’ d-4 J&&.~& CHAIRPERSON ATTEST : (SEAL) 19 I 20 21 22 23 24 25 26 27 28 72- 1 0 ,% I.. e 0 , , 4' .I TEjIS AGREE?ENT, entered into,as ,of the December 1l.day Of 1980% by and between the Carlsbad Housing arid Redevelopneilt- Conmission, State of California,, (hereinafter referred to as the Public f'IOUShg Agency), and GEaGF: A - PETE- F, rg ~ inde??cnrlent . Public Account of . 7816 Ivanhse Atre., La ~olla', CAk7ith offices at -same- . , (herein-" after referred to as to "Contractor"), 1?ITNESSETIf: WHEREAS the Public Housing Agency has entered into a contract ' (contracts) with tlle United States of AImerica acting through the Department of ilousing and Urban Development (hereinaf ter referred to . as the "Government") for finzncial assfstance for low-incoiEe public- housfng pursuant to the Unite2 States Bousing Act of 1937, as amended, 42 rfnited States Code section 1437 et scq. ; and . \WZXEAS, pursuant to said contract (contracts), the Government and the Comptroller General. of the United States of 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 . KXERERS, the Government has authorized the Public Housing hgeucy 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 enterecl into IxtweeA the Public llousing Agency and tkle Independent Public Accountant; and 'It'HE&S, the Public Housing Agency desires the Contractor to conduct and perform such an audit; .. NOW, TIIEREFORE, the Public Housing Agency and the Contractor do . mutually agree as follows: 1. The Contractor shall audit the accouhts and records of tile I'ubl-ic Rousing Agency for the twenty-four (2ri) .month period cncling June 30, 1360, in accordmce with generally ncccpt:cd c , .. . .. '. I.. e 0 >. aucli.tiny, standards, and the md iting and reporting provisions of thz applicable IUD Audit Cuide for the T,o~.P".ncor.!% lloyshg Program for use by Tndcpendcnt ,Public Accountants, 1lerc.i.n. referred to a'r; AudZ.t Gu.ide. The aGdit pcrforn~ad shall. td2 sufficicnr. in scope to enable the Contractor to esprcss an opinion in the audit rcpsrt on the Eirianci,?,l statements of thc Public Itoushg Agency. 2. The books, of account and financtsl records to he audited are maintained and are located'at the Publ.ic Housing Agency's of6ice at 3036 Harcling Street; Carlsbad, Ch. 92008. These books and records \.,ill be made available to the Contractor by the Executive Director of the 'Public Kousing Agency at the Contractor's request for the Contractor's use at the Public Housing. Agency's office during normal hsiness 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, th? Contractor shall dlsclose . this deficiency to the Public flousinrr, Agency. If the Public . ., Housing Agency cannot. get its books ready for an audit within 15 .days., then the IPR should notify the Government. Notification to the Government shall be by written communication addressed ' to the Regi.onal Inspector General for Audit, Regional Office, Department of Housing and Urban Developent, El Enbarcadero Cente 15th FIuor, San Francisco, CA, 94111 (Address .of Regional Office) with a copy to the Dlirector, Field Office, lkpartment of 1Iousing and Urban Development, 2500 1.Iilshire Boulevard, Los Angclcs, Ch. 90057 .* (Address .of Field Office). The Contractor sllall. await further instructions frorn the Regiona: Xnspector Ceneral for Audit before cont:'1nuing the audit. 4. Upon colnpletion of the audit, and Audit Report: cdnsisting of those. elcments described in the Audit Cuide shal.1 be si1nu1.taneov submitted to the ReGional Inspector General for Audit (20 copic and Pllhlic Housing Agency (1 copy for each Commissioner and wequircd copies for the Executive Dir.ec.tor) as j0in.t adclfcsses. .* ,. I. \ ', . 0 *. '0 L. 5. Ti*; hilit Report shall be sulmitted wit.llirt 120 days after the close of the Pul1.i~ €lousing Agency's fiscal. ycar unless a shortel period is required by State Law. 6. The Public Housir-tg Agency my,' before or during thc conduct of the audit, request cl1anges in the. scope of the services of the Contractor to be pcrformcd under this contract. Such change: including any increase or decrease 2.n the amount oE the Contractc compensation and any change in the time lirtitation for subni.ssio: of .the Contractor's report, xd~ich~ are mutually egreed upon by an between the public Iiousing Agency and the Contractor, shall be hcorporated jato written amendments to this contract and shall be subject to the Government's approval. 7. The Public Rousing Agency agrees to pay the Contractor as compensation for the services and report mentioned herein, a lupp-sum fee cf $ - 10,4 00 ' . inclusive of all costs and expenses. The fee is based on the following: a. Partner (Principal): $ 50 per hour; estimated ~uan-days2.5$ " b. Senior (PIar,ager) : .$ - 4 0' per hour; estinated man-days 5&$1.. 6 Q c. Semi-Senior $28 per hour; estimated man-days 15.0$ - 3,4 0 0 ., . d. , Junior $22 per hour; estima'ted man-days 25. $; 4,400 e. Other (describe) Total $ 10,400 It is estimated that 47 .'5 man-days will be Teynired to . perform the audit. *Such lump-sum fee shall be payable after submission of the Audit Keport to the Pub1.i~ Hot;sing.Agency and after. submission of cop5cs o'f the report to the Covcmment as provi,dcd in paragraph rt above and the Government's rcvicw .. and approval of the report. TIE PiItl may pay up to 50 pcrcc .. .. & .. -3- . e. .* br .. %. .. .. .. . .. e 0 of the fee upon submission of tItc kidit: Report and cop5.c~ . thereof and. the 'bill f ron the Contractor 1;itItotrt tlllc Governtnent: ' s authorization. .. .. 8, The Contractor must be ei.tllcr a Certified Public Accomltant, or l:iccr~sCcl or registered public accountant L-icensed ,on or before Dwenlber 31, 1970, by a regulatory authority of a state or other political sulxlivislion of the United States and meet any le&. requirements concerning registration in which the PuLlCc ROLLS:~SI~ Agency is locct.ed. In acldl;tion,, those p1.1Llie accountants licensed after December 31, 1.970, but prior to December 31, 1975, who performed a RLA audit prior to .December 31, 1975, will be eli-giblc to continue to perEorn PIX audits. A statement by the stare identifying such registration or license shall be attached to this Contract, 9. The Contractor certifies that its principal off icer (s) or member (s) do not now have and have not had duri& any period covered. by this audit any iterest, direct or. indirect, in the RIA or any of its members or officials including the following: a. Family relazionship with any PILA menber or official; b. Employxent 3.1 or service as a member or off iciai or a PH.4 during the period covered by rhe audit. 10. Thc Contractor certifjes that it has not provided accounting or bookkeepirig services for the PHA during the period covered by the aud-it expect as follot~s: - SEE EXHJBIT A - 11. No. lned.x!r, off iccr or employee of the Public Housing Agency, no menl)er of the governing body of the 3ocdity in \Ali.ch any of the Public TIousing Agency's projects ire situated, no member of thc governing body of the local'ity in which the Pub1i.c Zlousing Agency was actiyatcd, and no other public oEficial of .-;u,ch 1ocali:v.y or localities vho exercises any responsi.bi.l.i ties or functions wit11 rcspcit to ttlc I'ublic llousing A~CK~'S pfojects, (luring his/hcr tcmurc or for onc year thcrcnft:cr, shall have any intorc::;t, c1i.rcct o'r j-ndircct, in t1xi.s contract: or the proccedo .. thcrcof * .* , $. 0 0 '. .- 12. No hIexber of or 1)clegate to Congress oE the United States. or Resident Conmission sha11 bc :tcInj.ttecl to any slnrc or part of this contract or to any benefit that: may ar-ise therefrom. 13. The Gontractoc i..;nrrants tIlaL: he/she has not erilphyed any persc ,. to solicit or secure this contrxt upon my agreement- tor a commission, percentage, brodcrage, or contingent fee, Breach of this varranty shall glve t1l.e Public I.iousir.g hgcncy the r5.ght to terminate this contract, or, in i.ts discretion, to ilcductr from the Contractor's fee the amount oZ such comissia:?, yercentagc brokerage, or contingent fee. i 14- The Contractor shall not assi.gn or tansfer any 5.nter.estr in th-is contract except that claim for monies due or to become due from the Public Housing Agency under the contracr 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 r&r.aining members of such .. partnerhsip. .. . ' 15. 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 empl.oyment, 'without regard to race, color, religion, sex, age, or national origin. Such act-ion shall include, but not be limited to, the following: employmment, ' upgrading, demo tion, or. transfer ; recruitment or recruitment advertising; layoff or termination, rate& of pay or 0th- forms of compensation; and selection for training, includi.ng apprcnticc 16. For a period of 'fotir years' from the date of the Audit Repor the Contractor shall make its workpapers, records, and other cv-idcnce of audit available to t.1~ Government and 110 t.he .. .. Controller Ccneral of the Unitcd States 01: 112s duly nut1~o.rIzc.d K ~ .' - '. . c .. e .@ j,' reprcs&ttativc!s cIi1rip.g normal working hours upon vrS.tt:t:n rcqwxt o.f t~i Covcrnn:c'nt or of tile comptro1I.cr ~enc?rnI or h.is rcpxcsentntivcs. The period will bc reduced to three ycxrc for those Pub1i.c Housing hn,c?ncies for wAic'rl 311: proj~~ts have kd Actual Developnent Cost Cc:rrificsres issuzcl. The Govc:rnmcxxtr and the Conptrollcr General sh11 be entitled to reproSr1c.e any or all : of such documents at tlleir expense for t?nich provisi.on shall be . Gade at the time the need for reporduct ion arises. 17.. Except for disclosure to the Government, the Conptrollcr . General and the Public IIncGing Agency, the Audit Report and the workpapers, ' records, and other evidence of milit, including * .infomation arid data pr.eparcd or assembled by the Contractor under ttris contract, sha11 be held. confideatid. by the Contractor and .. . . ',shall not be macle avai1abI.c or otherwise disclosed to any Person wiChout the prior written approval of the Govsrnment. 18. The Governnent's approval of this co-ntract shall be evidenced by the signature of the Field Office Director at the end thereof, IN f.JITNESS I.THXREOF, the Public Housing Agency and the Contractor have executed this agreement the day and year first hbove written. ., CARLSBAD HOU.SI GEORGE A. PETERSON & COMPANY REDEVELOPMENT (Name cf Independent Public Accountant) - (Name of Public Hor BY " " , ,e ) (Name), . $Nam // / " Concutred: Department of Housing and Urban Developaent ,. BY c (Name o'f Field Office) (tlamz) Appr<>Vcd : (l:ielcl-ijffice uirector) (Date) . _. . . / r ,- . ..'.' 0 e )I I~ .. .. EXHIBIT A George A. Peterson & Co. was engaged by the Carlsbad Housing Authority to assist the City personnel as follows:. 1) To review financial records and prepare the necessary closing ad'justments for the Section 23 Program for the year ended June 30, 1979. 2) To assist in preparing revised annual HUD financial report forms as necessary for the year ended June 30, 1979. 3). TO assist in preparing annual HUD financial report forms for the year ended June 30, 1980. '