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HomeMy WebLinkAboutAGENDA REPORT 2003 0507 CC REG ITEM 10CMOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Cynthia L. Borchard, Administrative Services Director 9b DATE: April 30, 2003 (meeting of May 7, 2003) SUBJECT: Consider GASB Statement No. 34 Implementation Proposals SUMMARY The City is required to comply with Government Accounting Standards Board (GASB) Statement No. 34 which establishes new financial reporting guidelines including infrastructure reporting. Proposals from our audit firm to restate our financial statements and from engineering firms to value our infrastructure have been obtained. Staff is recommending approval of the proposal from our audit firm, Vavrinek, Trine, Day and Co., LLP, in an amount not to exceed $20,000 and from Harris and Associates in the not to exceed amount of $24,990. Also recommended is an additional appropriation of $24,990. BACKGROUND In June 1999, the Governmental Accounting Standards Board (GASB) - which sets "generally accepted accounting principles" (financial reporting rules) for all state and local governments - established a new framework for the financial reports of state and local governments. The new framework or financial reporting model represents the biggest single change in the history of governmental accounting. Known as Statement No. 34: Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments, it represents a fundamental revision of the current financial reporting model, which has been in place since 1979. DISCUSSION Statement 34 covers the basic financial statements, note disclosures, and the new Management Discussion and Analysis (MD&A). Governments need to report capital assets with consideration of depreciation, including infrastructure assets and "historical treasures ". This means that the government needs to report in a complete, accurate and detailed manner to adequately account for and report their capital asset activity. The objective of the new Statement is that anyone with an interest in public finance - citizens, the media, bond raters, creditors, legislators, and others - will have additional and easier -to- understand information in a business -like format about any government in the United States. Key Features of the New Reporting Model. Even though the new governmental financial reporting model has deep roots in traditional public sector accounting and financial reporting, it offers many new features. The most important of these new features are: 1. Government -wide financial reporting. For the first time, users of state and local government financial reports have access to government -wide financial statements that provide a clear picture of the government as a single, unified entity. These new government -wide financial statements complement rather than replace traditional fund -based financial statements. 2. Additional long -term focus for governmental activities. Traditional reporting for tax - supported (governmental) activities has focused on near -term inflows, outflows and balances of spendable financial resources. The new financial reporting model retains this short -term focus in the governmental fund financial statements while providing a long -term perspective on these same activities in the government -wide financial statements. 3. Narrative overview and analysis. The new governmental financial reporting model provides financial report users with a simple narrative introduction, overview and analysis of the basic financial statements in the form of management's discussion and analysis (MD&A). 2 (00OOCG 4. Information on major funds. It is widely agreed that fund information is most useful when presented for individual funds rather than for aggregations of funds (e.g., all special revenue funds). Accordingly, the new governmental financial reporting model presents individual fund data for each of a government's major funds. 5. Expanded budgetary reporting. Currently, budgetary comparisons are based solely on the final amended budget. Under the new governmental financial reporting model, information on the original budget also is presented. In addition, the new model eliminates aggregated budget presentations (e.g. totals for all budgeted special 'revenue funds) in favor of comparisons for the general fund and each individual major special revenue fund. 6. Infrastructure reporting. Current accounting principles do not require reporting the cost of infrastructure such as roads, bridges, storm drains, street lights and traffic signals as capital assets - not because they aren't major community investments, but because they are immovable, and only of value to the government. The new governmental financial reporting model requires that infrastructure be reported at its "historical" (not current) value, and then depreciated like other assets. Under GASB 34, our financial statements will become longer and more complex - and thus more difficult to prepare and audit. This increased difficulty and complexity directly translate into increased costs - both one -time during implementation and ongoing thereafter - for staff resources as well as audit fees and consultant services. With GASB 34 being such a significant change, one question is: Why implement GASB 34? The three most important reasons are: 1. It's Generally Accepted Accounting Principles (GAAP). This is probably the most compelling reason for implementing the new model. GASB is the acknowledged authoritative body in setting generally accepted accounting principles (GAAP) for local and state agencies. Maintaining citizen confidence in the stewardship of public assets requires credibility and integrity in the City's accounting 3 00,06 -1 and financial reporting systems. And preparing audited financial statements in accordance with industry standards is an essential foundation in gaining and sustaining this trust. 2. The new model is supported by a number of users and professional associations. The National Association of State Auditors, Comptrollers and Treasurers has endorsed the new model, and so have the credit rating agencies (who are the primary "users" of these reports). There are many public works' officials who believe the new reporting model will result in a better understanding of infrastructure needs. And a number of well- respected municipal finance professionals think the new reporting model better tells a city's fiscal story, and is a significant improvement over the current model. 3. Usually required for grants and long -term financing. In most cases, grant agencies and those who review and monitor long -term financing, require the submission of audited financial statements. Those entities that do not implement GASB 34 will receive a qualified opinion (as opposed to an unqualified opinion) on their financial statements. Such opinions will have a negative impact with respect to grant compliance and long -term financing. Implementation. As set forth in the following table, the effective date for the new model varies depending on the financial size of the agency and its fiscal year. (The chart assumes a fiscal year beginning July 1 and ending June 30). Also, there are different effective dates for implementing the new model and prospective reporting of infrastructure assets (assets added or deleted from the effective date of the new model) versus retroactive reporting of infrastructure back to at least 1980: Basic Model (Prospective Retroactive Total Infrastructure Infrastructure Revenues Reporting) Reportinq $100 million or more $10 to $100 million Under $10 million 2001 -02 2002 -03 2003 -04 4 2005 -06 2006 -07 Not Required The City of Moorpark falls within the $10 to $100 million revenue category and therefore we need to implement the required changes for fiscal year 2002 -03. Retroactive Infrastructure reporting is not required until 2006 -07, however, the consultants recommend completing the retroactive valuations now so we don't have to go back and restate our financial statements and possibly incur additional costs. Following are comments on each of the required elements of the new reporting model and the status of same: ELEMENT STATUS Management Discussion and Some of this information is Analysis (MD&A) currently in the introduction section of the City's Comprehensive Annual Financial Report (CAFR), but it will need to be expanded to cover all the required items. Government -Wide Financial A new element requiring Statements conversion of current Statements. Governmental Fund Financial In current reports, but new Statements requirement changes the format. Proprietary Fund Financial The City does not have any Statements proprietary funds. Fiduciary Fund Financial In current reports. No Statements significant changes are anticipated. Notes to the Financial In current reports, but changes Statements and additions are required in order to meet the new model's disclosure requirements. Required Supplementary New element. Added requirement Information Other than MD&A for presentation of both original and final budget. Infrastructure Reporting and Not an independent element, but Depreciation a significant new requirement. Will be the most costly change to implement. The City does not have infrastructure valuations at the present time. In planning for GASB 34 implementation, staff met City's audit firm, Vavrinek, Trine, Day & Co., LLP. proposed to assist the City in the conversion at rates in effect for their auditing services and have with the They have the hourly estimated 5 10 06 our cost at $15,000 to $20,000. This will include re- formatting the financial statements and reviewing the work performed by the Valuation consultant during their preparation of the infrastructure inventory and calculations of estimated net book value to ensure compliance with GASB 34. Prior to the adoption of the New Reporting Model, the financial statements of public agencies generally included land, buildings and equipment only. After adoption of the New Reporting Model, the City's financial statements will include roadways, sewer systems, drainage systems and other infrastructure assets. In other cities and governmental agencies, many of these infrastructure systems were constructed using debt financing, rather than cash reserves. After the adoption of the New Reporting Model, financial advisors and other interested parties will be able to compare the agency's cost and depreciated value of roads, storm drains, and other infrastructure assets with the amount of debt used to finance their construction. In addition, the City Council, staff, financial advisors and the City's residents will be able to analyze the amount of its investment and depreciated book value of the entire infrastructure of the City. Infrastructure Valuation and Capitalization Threshold GASB 34 requires governments to establish and disclose a capitalization policy for infrastructure assets. The policy sets forth the dollar value above which such asset acquisitions are capitalized and included in the City's Statement of Net Assets (the balance sheet). Infrastructure falling below this capitalization threshold will be expended when acquired. The threshold does not indicate that individual assets with costs less than $100,000 have not been, or in the future will not be, counted. Infrastructure inventory records will continue to include historical costs of assets less than $100,000. A capitalization threshold is a practical tool to serve a government's financial reporting needs. Fixed Asset (Equipment) Capitalization Threshold Currently, the City designates capitalization of fixed assets with a value of $500 or more. In 1997, the Governmental Finance Officers Association (GFOA) approved a recommended practice, "Establishing Appropriate Capitalization Thresholds for Fixed Assets." The key elements are: 6 °C 1) Fixed assets should be capitalized only if they have an estimated useful life of at least two years following the date of acquisition; 2) Capitalization thresholds should be applied to individual fixed assets rather than groups of fixed assets; 3) As a general rule, capitalization thresholds should be designed to encompass approximately 80 percent of a government's total non - infrastructure assets; 4) In no case should a government establish a fixed asset threshold of less than $5,000 for any individual item; 5) In establishing capitalization thresholds, governments that are recipients of federal awards (i.e. Community Development Block Grants and Department of Justice awards) should be aware of federal requirements that prevent the use of capitalization thresholds in excess of certain specified maximum amounts; and 6) Governments should exercise control over non - capitalized fixed assets by establishing and maintaining adequate control procedures at the departmental level. If the City's policy were modified to adhere to the GFOA set of recommended practices (establishing a $5,000 and $100,000 thresholds for fixed assets and infrastructure), the capitalized items will include infrastructure, computer software, photocopiers, and vehicles, but exclude furniture and some computer equipment and hardware. Non - compliance with the recommended infrastructure capitalization and fixed asset thresholds will likely draw criticism by the National Council of Government Accounting in its review of the City's annual report. Additionally, non - compliance will cause the City's assets to be overstated and expenditures understated in the future, when compared with other agencies. To adequately maintain control over non - capitalized fixed assets, staff will utilize bar -coded tags and handheld bar -code scanning equipment to conduct annual inventories of all equipment. Department heads will continue to be responsible for all property charged to their department, establishing each employee's accountability for asset security and care. Depreciation Reporting Method Standard Approach The standard depreciation reporting method is currently utilized for the City's buildings and equipment. In accordance with GAAP, land is never depreciated. The City's buildings, computer hardware and software, equipment and furniture are depreciated 000071 using the straight -line method with the following estimated useful lives: Buildings and Improvements 50 years Furniture and Fixtures 10 -15 years Equipment and Vehicles 5 -10 years Computer Software and Hardware 3 years The accounting concept of depreciation allows for the systematic reduction of the carrying value of assets (e.g. buildings, equipment, roadways, etc.) over the period of time they are used. The historical cost is divided by the estimated useful life (in years) to determine the annual charge for depreciation. The resulting "net book value" is computed by subtracting the total accumulated annual depreciation from the historical cost, as the following example demonstrates: Assumptions: Est. historical cost - computer network installed FY 99 -00 $250,000 Estimated useful life 3 years Annual charge for depreciation $83,333 Net book value of computer network installed in FY 99 -00: Historical cost - computer network installed in FY 99 -00 $250,000 Less: total accumulated depreciation through the end of FY 01 -02 ($250,000 divided by 3 years estimated useful life, multiplied by 3 years service equals $250,000) ($250,000) Net book value as of June 30, 2002 $ 0 If the standard depreciation reporting method is used for reporting infrastructure assets, a one -time determination of the estimated historical cost, useful life and net book value will be necessary. Annual depreciation is calculated and recorded as an expense in the current reporting period and a proportionate reduction of the net book value of the asset. The use of the standard depreciation reporting method offers the following advantages to the City: ➢ Comparability - Based upon discussions with the City's auditors, other California municipal finance officers and GASB 34 consultants, only major metropolitan cities will adopt the modified approach; ➢ Simplicity - The use of the method enables integration currently used by the City organizations; standard depreciation reporting of the accounting method and all other non - governmental 8 000072 ➢ Cost Savings - Based upon discussions with other municipal finance officers and the City's auditors, Finance staff believes the cost of implementing the Modified Approach (the alternative described below) would probably exceed $40,000 immediately, followed by the cost of performing future evaluations, recordkeeping, and reporting that would exceed $40,000 annually. Modified Approach The City has the option of choosing the "Modified Approach" for infrastructure assets, but only if it satisfies the following requirements. ➢ The City must develop and maintain an up -to -date inventory of its infrastructure assets. ➢ The City must perform or obtain condition assessments of the infrastructure assets and summarize the results using a reliable measurement scale. It is essential that such condition assessments be replicable by other measurers to reach substantially similar results. ➢ The City must determine an annual estimate of the cost to maintain and preserve the infrastructure at a condition level established and disclosed by the City. ➢ The City must assert and document that infrastructure assets are being preserved at or above the condition level established and disclosed by the City. If the modified approach is elected for its infrastructure, the City would be required to present two types of information regarding the assets. First, the results of the three most recently completed condition assessments must be presented to demonstrate that infrastructure assets have been maintained at or above the condition level established by the City. Second, an estimate of the dollar amount needed to maintain or preserve infrastructure assets at the level established by the City, and actual amounts of expense for each of the past five reporting periods must be disclosed. The purpose of the second disclosure is to allow readers of the financial statements to make their own assessment of the City's long -term commitment to maintaining infrastructure assets. As described previously in this report, Finance staff believes the cost of performing the conditional assessment of the three previous years would exceed $40,000. Finance staff believes the 9' cost of performing future evaluations, recordkeeping, and reporting using the modified approach would exceed $40,000 annually. Because of the significant cost, it appears that only very large local governments will elect to use the modified approach. In addition, governmental accounting industry leaders have stated that in the event infrastructure assets are not maintained at the established condition level, the local government's bond rating is likely to fall to an unacceptable risk category and may even require the return of Federal and State funds. It should be noted that selecting a method does not permanently commit the City to that method. The method may be changed at a future date, as the City's needs change. Upon review of both methods and consultations with the City's auditors, staff recommends the use of the depreciation reporting method for infrastructure assets. Services Required by Public Work's Professional Advisors Regardless of whether the City decides to use either the depreciation reporting method or the modified approach, a detailed inventory of the City's infrastructure is required. Some of the City's infrastructure was inherited from Ventura County upon incorporation of the City in 1983. No reliable infrastructure records were provided at that time. Because it has not been necessary to include the City's infrastructure assets in the City's financial statements prior to the adoption of GASB 34, a detailed inventory of the entire infrastructure of the City does not exist. This is consistent with other municipalities. The City's budget includes an appropriation of $5,000 for Public Work's consultants and $15,000 for Finance consultants in FY 2002 -2003. This was intended to enable a preliminary review with the expectation that additional services would be necessary to complete the infrastructure inventory. Based upon findings during planning meetings with the City's auditors and staff, it has become obvious that it will be necessary to retain Public Work's consultants to prepare the infrastructure inventory. Staff has received proposals from four (4) qualified engineering firms with GASB 34 experience. Staff interviewed the top two qualified bidders. Although both firms are competent and professional, based upon their experience and knowledge, Harris & Associates is clearly the most qualified consultant to perform the infrastructure inventory and valuation. They have worked with our audit firm and their approach would require less city staff time and result in a lower overall cost. The Personnel 10 100001,4- Profiles of the Harris & Associates team that would serve the City during the GASB 34 project are attached to this staff report. If retained, the Public Work's professional advisor would perform the following: ➢ Compile inventories of infrastructure assets; ➢ Determine the actual acquisition date or estimate the acquisition date; ➢ Determine the useful life of each type of infrastructure asset; ➢ Establish unit costs of infrastructure assets or components in order to establish replacement cost in the event the modified approach is elected; ➢ Discover actual historical cost of infrastructure assets, or apply an industry index to arrive at estimated historical cost; and ➢ Calculate the current net book value of infrastructure assets utilizing straight -line depreciation. Harris & Associates has proposed the following scope of work: ➢ Task 1 - Kickoff and Preliminary Review City Inventories and Records. ➢ Task 2 - Inventory work including in -depth review of city inventories, determination of asset classification and network subsystems, determination of useful life and evaluation of existing and appropriate capitalization levels /policy. ➢ Task 3 - Acquisition and Valuation Effort. ➢ Task 4 - Comprehensive Maintenance and Perpetuation Procedures. ➢ Task 5 - Project Planning and Coordination. ➢ Task 6 - Preparation of GASB 34 Final'Report(s). Their proposal includes a time -line to completion of 11 weeks which would meet our needs. Services Required by Finance's Professional Advisors As described previously, the net book value of the infrastructure inventory will be integrated into the audited financial statements of the City upon the adoption of the New Reporting Model. Therefore, Finance staff believes it's in the best interest of the City to retain the City's auditors to supervise the preparation of the infrastructure inventory that they will opine thereon as follows: ➢ Plan and review the work performed by Public Work's consultants during their preparation of the infrastructure inventory and calculations of estimated net book value to ensure compliance with GASB 34; and ➢ Re- format the audited financial statements of the City to conform to GASB 34. FISCAL IMPACT: The FY 2002 -2003 City budget includes an appropriation of $5,000 for Public Work's consultants and $15,000 for Finance consultants. The attached budget resolution increases the appropriation in the amount of $19,990 for the Public Work's consultant and $5,000 for Finance consultant, resulting in an increased appropriation of $24,990. STAFF RECOMMENDATION: (Roll Call Vote) 1) Adopt the recommended infrastructure capitalization threshold of $100,000 and fixed asset (equipment) capitalization threshold of $5,000 effective July 1, 2002; 2) Approve the use of the standard depreciation reporting method for the entire infrastructure of the City upon adoption of the New Reporting Model; 3) Authorize the City Manager to execute a professional services agreement with Harris & Associates subject to final language approval by the City Attorney and City Manager not to exceed $24,990; 4) Accept the proposal from Vavrinek, Trine, Day & Co., LLP, for assistance in implementation of GASB 34 in accordance with their current hourly rates not to exceed $20,000; 5) Adopt Resolution No. 2003- amending the FY 02/03 Budget to revise the amount of funding for this project per Exhibit "A ". 12 000E 7 ATTACHMENTS: Vavrinek, Trine, Day & Co., LLP Proposal Harris & Associates Schedule of Fees Harris & Associates Project Team Professional Services Agreement Draft Summary of Proposals Received Resolution and Budget Amendment Exhibit "A" 13 Vavrinek, Trine, Day & Co., LLP Certified Public Accountants & Consultants April 4, 2003 Johnny Ea Budget and Finance Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Johnny: [VALUE THE DIFFERENCE As you are aware the City of Moorpark is a phase II government and is required to implement GASB Statement No. 34 this year. I have prepared a summary of the assistance that we will provide to the City of Moorpark for the implementation the new pronouncement. Our firm has completed more than 50 phase I governments including 4 CSMFO and GFOA award winning GASB 34 reports. Based upon our experience, the most efficient implementations have been accomplished by preparing a proforma financial statement using the prior year's audited numbers as a base. The proforma is then used to prepare the actual 2002 -2003 GASB 34 financial statements. We have also learned that waiting until the last minute causes unnecessary frustrations and delays in issuing the audit report. Therefore we are suggesting that we begin the proforma process as soon as possible with your assistance. To start the process we need your approval to begin to incur time for the development of the 2002 -2003 proforma. We expect the implementation to be performed in different segments. GASB 34 Planning meetings (Proposed timeline April/May 2003) • Meet with City staff to formalize timelines and to agree upon the division of work required to implement the new GASB pronouncement. Meetings with city engineers /consultants (Proposed timeline April 2003 — August 2003) • We would expect the infrastructure valuation to be completed during these months. We will need to be involved in a preliminary planning meeting, if this has not already occurred, and at least one progress meeting to review the assumptions used in the valuations. • This assumes that the City contracts, or uses in -house engineers to complete the infrastructure valuation during this time period. �,Q 8270 Aspen Street Rancho Cucamonga, CA 91730 Tel: 909.466.4410 Fax: 909.466.4431 rwww.vtdcpa.com FRESNO LAGUNA HILLS PLEASANTON RANCHO CUCAMONGA SACRAMENTO SAN JOSE Johnny Ea Budget and Finance Manager City of Moorpark April 4, 2003 Page 2 Preparation of the Citv's Financial Statements in the new format (Proposed timeline April — July 2003) • It is during this time period that the majority of the work on the City's proforma financial statements will be performed. • During this time period we will work with City staff to ensure that the City of Moorpark financial report is prepared in compliance with the new requirements. • We will also review your policies and procedures to ensure that they the City's records will be maintained in a GASB 34 compliant manner. • Review of fund structure and account codes for proper presentation of accounting activity in the new format required by GASB 34. • Review City policies and procedures related to capitalization of fixed assets and related annual depreciation. • Review City policies and procedures related to the capitalization of infrastructure and related annual depreciation (assuming the modified approach is not used). • Review fixed asset listing for compliance with requirements for Land, Improvements, Buildings and Equipment. • Identification of all long -term liabilities and assets for recording in the new Full Accrual Financial Statements. • Assist in the development of format and structure of information to be included in the Management's Discussions and Analysis. • Development of reconciling and conversion entries that are necessary to bring the City's financial records into the new required full — accrual, entity — wide financial statement format. • Development of format for Statement of Cash Flows, if required. The above services will be provided at our standard hourly billing rates. Our fees for these services will be based upon the hours spent on the engagement. Based upon our experience with the City's that implemented last year we estimate the total charge for our services to range from $15,000 to $20,000. The cost is affected by the level of City staff assistance in the completion of the various tasks and assignments. Our invoices for these services will be billed as the services are rendered. Johnny Ea Budget and Finance Manager City of Moorpark April 4, 2003 Page 3 Please sign the copy of this letter in the space provided and return to me in the enclosed envelope. We would like to start the project as soon as possible to ensure that your 2002 -2003 financial statements are issued within your timelines. It is our pleasure to work with your staff in the implementation of this new accounting pronouncement. If you have any questions or concerns please call me at 909 - 466 -4410. KTP:mcr 030248 Yours very truly, ��—/ —1 /v Kevin T. Pulliam of Vavrinek, Trine, Day & Co., LLP 000010 .•�� /rte �V 6 - Schedule of Fees GASB 34 Infrastructure Valuation Services Scope of Work Description Project Manager Project Engineer Engineering Analyst Admin Total by Task $170/hr $150/hr $75/hr $55/hr Task 1 - Kickoff & Prelim Review City Inventories and Records 4 4 10 $2,030 Task 2 - Inventory Work Step 1 In -depth Review of Inventories and City Records 2 8 30 $3,790 Step 2 Determine Asset Classification and Network/Subsystem 1 $170 Step 3 Determination of Useful Life 1 1 $320 Step 4 Evaluation of Existing /Appropriate Capitalization Level/Policy 2 $340 Task 3 - Acquisition and Valuation Effort 2 8 30 $3,790 Task 4 - Comprehensive Maintenance and Perpetuation Procedures Step 1 Establish Asset Modules (Spread sheets) via Microsoft Excel 8 30 $3,450 Step 2 Preparation of a Procedure to Capture Future Asset Information 2 1 $490 Task 5 - Project Planning and Coordination 8 8 12 $3,460 Task 6 - Preparation of GASB 34 Final Report(s) Step 1 Prepare Summary of Findings (Draft Report) 18 4 4 2 $4,070 Step 2 Review Results with Appropriate City Staff 4 4 4 $1,580 Step 3 Final Report 4 4 4 $1,500 Total Hours per Staff 48 50 120 6 Total Cost per Staff $8,160 $7,500 $9,000 $330 $24,990 Standard Hourly Billing Rates: Jeffrey Cooper, PE, Project Director Ronald D. Creagh Dennis Anderson Engineering Analyst Clerical Staff Project Cost Lump Sum Not to Exceed Total Project Cost $190.00 $170.00 $150.00 $75.00 $55.00 $24,990 $24,990 Indirect expenses (such as mileage, duplicating and postage) are included in the hourly rates shown above. F F iT�l Page 37 p�+eq(s GASB 34 Infrastructure Valuation Services 4TEp � Project Team Jeffrey M. Cooper, PE, Project Directorr, As Senior Vice President and Member of the Board of Directors, Mr. Cooper has over 26 years of professional consulting engineering experience with public infrastructure planning, design, and finance. His projects have included master plans for flood control, drainage, sewer, and water systems, which has involved extensive inventory work and condition assessment. His projects have included significant street rehabilitation, street widening, pavement management, traffic signal design, and intersection signal modification. Mr. Cooper is an expert assessment engineer and has directed the formation and /or management of over a hundred assessment and special financing districts which funded numerous capital projects. These include 1913 and 1915 Act districts, Mello -Roos districts, and special fee districts. As a result, he has worked extensively with finance departments and has extensive knowledge of local government budget and financial systems. Ron Creagh, ProjectManaget. Upon joining Harris 5 years ago, Mr. Creagh brought with him over 30 years of city management experience, serving as City Manager and Assistant City Manager in a number of cities of varying sizes in California and Nevada. He has directed a host of special projects and has overseen the operations of a multitude of complex city departments. Mr. Creagh heads up our GASB 34 Program, and he has been assigned as Project Manager for our GASB 34 compliance work in the cities of Palo Alto, Rancho Palos Verdes, Piedmont, Walnut Creek, San Luis Obispo, Berkeley, Manhattan Beach, and Vacaville. He has been assigned as Management Advisor for our GASB 34 projects in the cities of Lake Elsinore, Carson, and Foster City, and Tustin. Previously, he worked in Harris' Tracy Office overseeing infrastructure planning, technical studies, and the development of complex Finance and Implementation Plans for the City of Tracy. Mr. Creagh has also completed major, high profile projects for two of the fastest - growing cities in the country (Las Vegas, Nevada, and Phoenix, Arizona) which resulted in numerous process and organizational improvements, streamlined plan review /processing and customer service. He also served as Interim Manager for the City of Las Vegas' Land Development Office for 1 year. Mr. Creagh has extensive knowledge of the financial reporting requirements for local government agencies and will be instrumental in ensuring that the infrastructure valuation work will be GASB 34 compliant. Dennis A. Anderson, Project Engineer. Mr. Anderson has served as Project Manager for our GASB 34 projects in the cities of Lake Elsinore, Carson, Upland, Yorba Linda, and Tustin. He is assigned as Project Engineer for other GASB 34 projects in the cities of Palo Alto, Rancho Palos Verdes, Vacaville, and San Luis Obispo. He has more than 14 years of professional experience in the areas of public infrastructure management and public finance. He has been involved in a wide variety of public finance projects as project manager and financial analyst, including assessment districts, CFD's, special tax districts, fee districts, public grants, and loans. He has extensive experience in developing and implementing infrastructure management systems and has assisted more than 25 agencies with their infrastructure asset management needs. Mr. Anderson is also an expert in computer software applications related to the development of databases and user - friendly interface development and programming. He has prepared user manuals and conducted numerous trainin sessions. 0 Page 18 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MOORPARK AND (NAME OF CONSULTANT) FOR (SPECIFY TYPE OF SERVICES) THIS AGREEMENT, made and entered into this day of 200_, by and between the CITY OF MOORPARK, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "CITY" and (NAME OF CONSULTANT), A [insert capacity of CONSULTANT], ( "CONSULTANT "). W I T N E S S E T H WHEREAS, City is desirous of obtaining services necessary to: ; and WHEREAS, CONSULTANT is qualified by virtue of experience, training, education, and expertise to accomplish these services; and NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: I. COMPENSATION City does hereby retain Consultant in a contractual capacity to provide contract services. Consultant shall provide City with an estimated cost quotation for each specific task requested by City to be completed by Consultant, and shall not proceed until written approval is granted by the City. The compensation to Consultant shall be on an hourly fee basis or at a negotiated lump sum amount, as approved by the City. Payment by City to Consultant shall be in accordance with the provisions of Article III, Paragraph M, of this Agreement. II. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended with or without cause by City at any time with no less than ten (10) working days written notice of such termination or suspension. Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination or suspension, Consultant shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. Yrotessional Services Agreement 1 III. GENERAL CONDITIONS A. Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. B. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Consultant performing services hereunder for City. C. Consultant is, and shall at all times, remain as to City a wholly independent contractor. Neither the City, nor any of its elective of appointive boards, officers, employees, agents, or attorneys shall have control over the conduct of Consultant or of Consultants officers, employees or agents, except as herein set forth. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of City. D. At the time of 1) termination of this Agreement or 2) conclusion of all work, all original plans, documents, designs, drawings, reports, calculations, diskettes, computer files, notes, and other related materials whether prepared by Consultant or their subcontractor (s) or obtained in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City. Any word processing computer files provided to City shall use IBM compatible, Microsoft Word for Windows software. E. Consultant shall hold harmless, indemnify and defend City and its elective or appointive boards, officers, agents, attorneys and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees arising out of, or in any way connected with performance of the Agreement by Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant. City does not, and shall not, waive any rights that it may have against Consultant by reason of Paragraph E, hereof, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph E hereof. Professional Services Agreement 2 The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. F. Consultant shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement the policies of insurance required by this paragraph and shall furnish to the City Clerk of the City certificates of said insurance on or before the commencement of the term of this Agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached thereto, the protection offered by the policies shall: 1. Name City and its elective or appointive boards, officers, agents, attorneys and employees as additional insured with Consultant. 2. Bear an endorsement or have attached a rider whereby it is provided that, in the event of cancellation or amendment of such policy for any reason whatsoever, City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. Consultant shall give City thirty (30) days written notice prior to the expiration of such policy. 3. Be written on an occurrence basis. G. Consistent with the provisions of Paragraph F, Consultant shall provide general public liability insurance including automobile liability and property damage insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence and annual aggregate. H. Consistent with the provisions Consultant shall provide workers, compensat required by the California Labor Code. If any engaged by Consultant in work under this protected by the workers, compensation law, provide adequate insurance for the protection to the satisfaction of City. of Paragraph F, ;ion insurance as class of employees Agreement is not Consultant shall of such employees I. Consultant shall not assign this Agreement, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. J. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. 00001ILS Professional Services Agreement 3 K. Consultant shall obtain a Moorpark Business Registration, all permits, and licenses as may be required by this Agreement. L. The language contained in this Agreement shall take precedence over the language contained in any exhibit to this Agreement. M. Payment to Consultant shall be made by City within thirty (30) days of receipt of invoice, if the invoice is not contested or questioned by City. If City identifies a discrepancy between the invoice amount and the work tasks or products completed, City shall within fifteen (15) workdays of receipt of the invoice specify in writing the discrepancy. Consultant shall then either 1) provide support materials to satisfy City stated discrepancy, or 2) revise the invoice to reflect stated discrepancy. City shall then pay the revised or documented invoice within thirty (30) days of such revision or documentation. Each Consultant invoice must show details of hours and expenses in a format which is acceptable to City. N. City shall have the right to audit and inspect all payment and expense related books and records kept by Consultant and any subcontractors in connection with the operation and services performed under this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. O. Any notice to be given pursuant to shall be in writing, and all such notices and any to be delivered shall be delivered by personal deposit in the United States mail, certified return receipt requested, with postage prepaid, & the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Address of Consultant: this Agreement other document service or by or registered, id addressed to Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon Professional Services Agreement 4 receipt by personal service or as of the second (2nd) day after deposit in the United States mail. P. Nothing contained in this Agreement shall be deemed, construed or represented by City or Consultant or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between City and Consultant. Q. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. R. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. S. No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provisions. No waiver shall be binding, unless executed in writing by the party making the waiver. T. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. U. Cases involving a dispute between City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. V. This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. W. The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or 10004817 Protessional Services Agreement 5 define the content of the respective Articles, Paragraphs, and Exhibits hereof. IV. RESPONSIBLE INDIVIDUAL The individuals directly responsible for Consultant overall performance of the Agreement provisions herein above set forth and to serve as principle liaison between City and Consultant shall be and no other individuals may be substituted. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the or his /her designee. V. IMPLEMENTATION City shall provide Consultant with written notice in advance of the date at which these services are to be implemented if different than the date of the Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year first shown above. ATTEST: City Clerk CONSULTANT By CITY OF MOORPARK By Steven Kueny, City Manager ssional Services Agreement 6 City of Moorpark Administrative Services Department Infrastructure Valuation Proposals # of Years in —company Contact Business Fees Comments Maximus Gregory Friz, V.P. Asset Mgmt. Div. since 1989 Professional Services Fee & Expenses $ 9,200 Has local office, hired by Moorpark to 1445 E. Los Angeles Ave., Ste 301 -E (805) 522 -0644 Optional Services: value general fixed assets a few years Simi Valley, CA 93065 GASB -34 Readiness Assessment $ 7,300 ago. Prior staff was not happy with the Update 2001 -2002 Fixed Assets $ 4,800 final product. Some references were Master File Diskett in Excel Format $ 300 happy so far with their work related to Total of Optional Services $—1 2,400 GASB 34 valuation services, while others claimed that their work was poorly Total (including optional services) $ 21,600 completed. Harris & Associates Ronald D. Creagh, GASB 34 Group Mgr. since 1974 Total Project Cost $ 24,990 Good experience, references are happy 34 Executive Park, Ste. 150 (800) 860 -3625 with their work. Will train staff on master Irvine, CA 92614 (800) 827 -4901 X536 file for future use. Highly recommended by our City auditors. Muni Financial Frank G. Tripepi, President & CEO or since 1987 Standard Approach (including expenses) $ 23,100 Good experience, references are happy 27368 Via Industria, Ste 110 Scott Koppel, Project Manager with their work. Gets job done on time Temecula, CA 92590 (800) 755 -6864 Modified Approach (including expenses) $ 39,910 and within budget. American Appraisal Associates Jeanne Boom, District Manager since 1896 Primary Service $ 14,500 Project team has minimal experience. 11835 W. Olympic Blvd., Ste 1050E (310) 312 -8050 Optional Services: $5,000+ Proposal seems unclear as to the needs Los Angeles, CA 90064 Dependent on the size /scope of the City. Total $19,500+ RESOLUTION No. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET BY APPROPRIATING $7,500 FROM THE GAS TAX FUND (2605 - 5500); $7,500 FROM THE GENERAL FUND (1000 -5500) AND $9,990 FROM THE REDEVELOPMENT AGENCY FUND (2902 - 5500)TO SPECIAL PROFESSIONAL SERVICES (1000- 5110 -1016- 9103; 2605- 5110 - 0000 - 9103;2902 -5110- 0000 -9103) FOR GASB 34 IMPLEMENTATION SERVICES. WHEREAS, on June 5, 2002, the City Council adopted the budget for Fiscal Year 2002/03; and WHEREAS, an appropriation was made for GASB 34 implementation in the amount of $20,000 from General Fund ($10,000) and Gas Tax Fund ($10,000); and WHEREAS, proposals have- been received from our auditor and public work's consultants to implement GASB 34 for amounts exceeding current appropriations; and WHEREAS, Exhibit "A" hereof describes said necessary budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment appropriating $24,990 from the funds listed above to the line item for implementation of GASB 34 as more particularly described in Exhibit "A" attached hereto is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of May, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit "A" - Budget Amendment EXHIBIT A BUDGET AMENDMENT FOR FINANCE FY 2002 -03 FUND ALLOCATION FROM: Fund Account Number Amount General 1000 -5500 $ 7,500.00 Gas Tax 2605 -5500 $ 7,500.00 Redevelo ment Agency 2902 -5500 $ 9,990.00 Total $ $ 24,990.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 1000 - 5110 - 1016 -9103 $ 47,310.00 $ 7,500.00 $ 54,810.00 2605- 5110- 0000 -9103 $ 10,000.00 $ 7,500.00 $ 17,500.00 2902 -5110- 0000 -9103 $ - $ 9,990.00 $ 9,990.00 Total $ 57,310.00 $ 24,990.00 $ 82,300.00 Approved as to Form: __E&