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HomeMy WebLinkAboutContracts & Agreements_34a-1999_CCv0001.pdf AGREEI��;NT FOR A yC E This Ag1eement for Auditing Services is made 1999 by and between the City of Redlands, a�municipal oo anon (he S/- E.0 day of June to UDIT and Conrad and Associates L.L.P., Certified Public Accountants A ITY'l and referred to as (herein referred to as WITNESSETH WHEREAS, AUDITORS are recognized as competent accountants who were previously selected by the City Council through competitive and are duly authorized to cacti l� and qualifed certified public Accountancy, p ee and licensed as such by the California State procedures, of NOW, THEREFORE, in consideration of their mutual promises, obligations hereinafter contained, the parties hereto agree as follows: g and covenants 1. _TE-9M. The term of this agreement shall be for a five-year period to Perform services for the fiscal years ending June 30, 1999 through 2003. F professional 2. SCOPE OF SERVICES. The AUDITORS work necess agree to provide services and perform all ary in a manner satisfactory to the response dated March 16, 1999 referred to as q TTS`' as set forth in their proposal reference incorporated herein and made a part hereof FFendix A attached hereto and by 3• CITY'S OBLIGATIONS. For furnishing will pay and the AUDITORS shall sees specified in this agreement, the CITY A, attached hereto and b Ye the full compensation as set forth in Appendix y reference incorporated herein and made a part hereof Additionally, CITY agrees to provide AUDITORS with su ortin balances and reconciliations as necessary to complete the services requested.schedules, trial agree to prepare and word process the Com City staff Comprehensive Annual Financial Report. 4. PAYMErIT SCHEDULE. The AUDITORS shall submit a monthly percentage of audit work completed. After , billing based on the said invoice shall be paid within thirty days, approval of the CITY's Director of Finance, 5. NOT OBLIGATED TO IRL?FAR hereunder to any party Other than the Au`DITO The CITY shall not be obligated or liable b• ANMEleI7`. No assignment of the Agreement perfo ec eunder shall be made either inwholeor of any pan of obligation of the prior written consent of CITY. whole or in part, by AUDITORS without 7. l bl? E � t2 ar��rnn employees, officers and `y�„` The p 'es hereto agree that AUDITORS and its agents are The contractors under this A shall not be construed for any Purpose to be employees of CITY. went and 8. SU RICE. AT shall roc term of this Ag ent,the follo P '� maintain,at its cost at all times during the g policies of insurance. AGREEMENT FOR AUDITING SERVICES. (CONTINUED) 8. INSURANCE.(CONTINUED) (a) Workers' Com"nsation Insurance. Before beginning work, AUDITORS shall furnish to CITY a certificate of insurance as proof it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. The certificate will be furnished by Conrad Business Services,Inc. (b) Public Liability and Property Damage. Throughout the term of this Agreement, at AUDITORS' sole cost and expense, AUDITORS shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and AUDITORS, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death or property damage arising from AUDITORS' activities, providing protection of at least one million dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least one million dollars ($1,000,000)for property damage. (c) Errors and Omissions. AUDITORS shall take out and maintain at all times during the life of this Agreement a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least one million dollars ($I,000,000) for errors and omissions with respect to loss arising from actions of AUDITORS performing audit services hereunder on behalf of CITY. (d) General Insurance Requirements. All insurance required by express provisions of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required tinder paragraphs 8.(a) and (b) shall add as insureds, by endorsement, CITY, its elected and appointed officials, officers,employees, agents and representatives. AUDITORS shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. AUDITORS may effect for its own account insurance not required under this AGREEMENT. 9. NOTICES AND DESIGNATED REPRESENTATIVES, Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 9. The below named individuals, furthermore,shall be the persons primarily responsible for the performance by the parties under this Agreement: CITY AUDITORS Ronnie J. Johnson, Finance Director Michael A. Harrison,Partner City of Redlands Conrad and Associates,L.L.P. P.O.Box 3005 1100 Main Street, Suite C 35 Cajon Street Irvine,California 92614 Redlands, California 92373 AGREEMENT FOR AUDITING SERVICES,(CONTINUED) 9. NOTICES AND DESIGNATED REPRESENTATIVES, (CONTINUED) Any change in this designation shall be made known to AUDITORS by written notice. AUDITORS shall assign Michael Harrison as the "Engagement Partner" for services provided under this Agreement. Any change in this designation shall be made known to CITY by written notice. Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight(48)hours after deposit thereof in the United States mail,postage prepaid and properly addressed as set forth above. 10. QMLNERSHIE OF DOCUMENTS. All documents, data, studies, surveys, copies and reports other than working papers obtained and/or prepared by AUDITORS pursuant to this A�}eement shall be considered the property of CITY and, upon payment for services performed by AUDITORS, such reports and other identified materials shall be delivered however,to CITY by AUDITORS, AUDITORS may, make and retain such copies of said reparts and materials ss AUDITORS may desire. Working papers shall be maintainedn rcasona le request by CITY or available to CITY for review upon other governmental agencies furnishing federal funding to the CITY. 11. TERMINATION. This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to AUDITORS at least thirty (30) days prior to the date of termination specified in said notice. In the event this Agreement is so terminated, AUDITORS shall be compensated at AUDITORS' applicable hourly rates as set forth in Appendix A, on a promta basis with respect to the percentage of the engagement completed as of the date of termination. In no event, however, shall AUDITORS receive more than the maximum specified in Appendix A to this Agreement. AUDITORS shall provide to CITY any and all documents, data, studies, surveys, copies and reports other than working papers, whether in draft or final form, prepared by AUDITORS as of the date of termination. Working papers shall be made available to CITY for review upon written, reasonable request by CITY. AUDITORS may not terminate this Agreement except for cause. 12. ENTIRE AGREEMENT. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not e m- bodied herein nor any other Agreement,statemient,or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. 3 AGREEMENT FOR AUDITING SERVICES, (CONTINUED) IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF REDLANDS CONRAD AND ASSOCIATES,L.L.P. onnie J.Jo ,Fymc'e Director Michael A.Harrison, Partner APPROVED BY THE CITY COUNCIL Minute Order: Date: 4 TOTAL P.05 Appendix A FIRST AMENDMENT TO AGREEMENT FOR A VDITING SER UICES WITH CONRAD AND ASSOCIATES, L.L.P. Auditors agree to perform all audits in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards. The Single Audit Examination will be conducted in accordance with OMB Circular A-133. The compliance examination of the Redevelopment Agency will be conducted in accordance with State Controller's office guidelines. The following is a summary of the breakdown of the maximum fee (including out-of-pocket expenses) for the June 30, 2002 and 2003 engagements: Maximum Not-to-Exceed Fee Year ending June 30 2002. 2003 Audit of the Citv of Redlands, including A-133 Single Audit and GANN limit review procedures(City Staff prepare and word process CAFR) 25.000 Audit of the City of Redlands, including A-133 Single Audit, GANN limit review procedures, implementation of GASB 934, audit procedures relating to GASB #34, and Auditor preparation and word processing of City's CAFR under GASB #34 39,000 Financial and compliance audit of Redlands Redevelopment Agency(auditor prepared) 3.000 Financial and compliance audit of Redlands Redevelopment Agency compliant with GASB 934 (auditor prepared) 4.500 $280-00 43.500 The foregoing not-to-exceed amounts include all out-of-pocket expenses. The above fees contemplate the City staff providing auditors with maximum cooperation and supporting schedules to complete the audit. For fiscal 2003. City staff would have the responsibility for preparation of Management's Discussion and Analysis (MD&A), letter of transmittal and statistical data. All other reports will be the responsibility of the auditors. All fieldwork will be completed by December 1 of each year and all reports finalized by December 20 of each year. Should the City desire additional services, those would be performed at the following hourly rates for 2002 and 2003 (including expenses): Classification Hourlv Rate Partners $185 Senior manager 110 Managers 100 Supervisors 90 Senior accountants 85 Staff accountants 70 FIRST AMENDMENT To AGREEMENT FOR AUDITING'sER vicEs WITH CONRAD AND ASSOCIATES, L.I.P. This First Amendment to Agreement made and entered into this 2nd day of April, 2002 by and between the City of Redlands, a municipal corporation ("CITY") and Conrad and Associates, L.L.P. ("AUDITORS"). 1. Recitals: The parties hereto have previously entered into an agreement the I" of June, 1999 (approved by City Council on the 6th of April, 1999) providing professional services relating to independent auditing services for the City and Redevelopment Agency. A true and correct copy of the Agreement is attached hereto, marked "Appendix B"and incorporated herein by this reference. 2. Scope of Services: The CITY desires the same scope of services for fiscal year ended June 30, 2002 as in previous years of the contract. However, for fiscal year ended June 30, 2003 the CITY desires to comply with new accounting standards and implement GASB #34 as required by accounting principles generally accepted in the United States of America. The CITY desires the AUDITORS to work jointly with CITY and for the AUDITORS to prepare the Comprehensive Annual Financial Report(CAFR) and Redevelopment Agency(RDA) Financial Statements and provide the CITY with a photo ready copy of CAFR and 25 copies of Redevelopment Agency Financial Statements. Said CAFR and RDA Financial Statements for fiscal year ended June 30, 2003 are to be in compliance with new GASB #34 Financial Model. Appendix A to this First Amendment sets forth the scope of services and standards to be followed. 3. Time of Performance: Said services of AUDITOR are to continue through January 31, 2004 unless earlier terminated as provided herein. 4. Method of Payment: For services rendered during fiscal year ended June 30, 2002 and 2003 the following not to exceed amounts shall apply (as set forth in Exhibit A) Fiscal Year Amount 2001-2002 $28,000 2002-2003 43,500 In witness whereof, the parties hereto have executed this Agreement on the date and year first written above. CITY OF REDLANDS CONRAD AND ASSOCIATES,L.L.P. Karl N. Haws, Mayor Michael A. Harrison, Partner APPROVED BY THE CITY COUNCIL Minute Order: Date: