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HomeMy WebLinkAboutAGENDA REPORT 2004 0616 CC REG ITEM 10C0 MOORPARK CITY COUNCIL AGENDA REPORT ITEM 10-C. - ,a. -,, -,.gym �r _ �.� /G TO: Honorable City Council FROM: Cynthia L. Borchard, Administrative Services Director DATE: June 4, 2004 (CC Meeting of 6/16/04) SUBJECT: Consider Authorizing the City Manager to Execute a Professional Services Agreement with Vavrinek, Trine, Day & Co., LLP, for City and Agency Audit Services for Fiscal Years 2003 -04, 2004 -05 and 2005 -06. BACKGROUND /DISCUSSION The City has contracted for audit services with the firm of Vavrinek, Trine, Day & Co. LLP, (VTD &CO) , beginning with fiscal year ending June 30, 1999 to date. City staff has experienced a positive relationship with VTD &CO over the past several years and wishes to renew the agreement for an additional three (3) year period. The proposal includes the City and Redevelopment Agency audits and City State Controllers Report, Federal Single Audit (if applicable), CAFR preparation assistance and the Street Report. Costs for the reports for FY 2003 -04 are anticipated to be $39,990 and have been reflected in the proposed budget for FY 2004 -05. A comparison of costs incurred last fiscal year and proposed future costs is shown below. REPORT FY 02 -03* FY 03 -04 FY 04 -05 FY 05 -06 City of Moorpark Audit $ 22,500 $ 23,990 $ 25,590 $ 26,900 Redevelopment Agency Audit 4,000 4,100 4,200 4,300 Single Audit 2,500 2,950 3,250 3,450 CAFR Preparation 3,000 3,950 3,000 3,250 City State Controllers Report 3,000 3,000 3,200 3,400 Street Report 1,500 2,000 2,100 2,200 Total $ 36,500 1 $ 39,990 $ 41,340 1 $ 43,500 * Additional costs over and above the $36,500 were incurred for GASB 34 000ist Honorable City Council June 16, 2004 Page 2 STAFF RECOMMENDATION Authorize the City Manager to renew the agreement with Vavrinek, Trine, Day and Company for audit services for fiscal years 2003- 04, 2004 -05 and 2005 -06. Attachment: Professional Services Agreement 000152 Professional Services Agreement between the City of Moorpark and Vavrinek, Trine, Day, & Company, LLP, for Independent Audit Services This Agreement, made and entered into this day of , 2004, by and between the City of Moorpark, a municipal corporation of the State of California (hereinafter the "City ") and Vavrinek, Trine, Day & Co., LLP, a California limited liability partnership (hereinafter the "Auditor "), WITNESSETH WHEREAS, the City desires to contract for professional auditor services to conduct the City of Moorpark, the City of Moorpark Redevelopment Agency, the Federal Single Audit, State Controller's Report, and Street Report, in addition to submitting for a GFOA and certification; WHEREAS, the City has undertaken a formal solicitation for proposals in accordance with Federal procurement guidelines; and WHEREAS, the Auditor is staffed with personnel knowledgeable and experienced in the requirements of independent financial audit services and GFOA certification; NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: I. EMPLOYMENT OF AUDITOR City does hereby engage Auditor in a contractual capacity to perform services in accordance with the terms and conditions hereinafter set forth and Auditor hereby agrees to perform the services contained herein. II. SCOPE OF SERVICES Auditor shall perform the following services as described here below: A. Conduct an independent financial audit of the City of Moorpark and City of Moorpark Redevelopment Agency financial statements, and Single Audit pursuant to OMB Circular A -133. 000153 B. Assist in the preparation and submittal of statements for the Government Financial Officers Association's (GFOA) "Certificate of Achievement for Excellence Financial Reporting ". C. Prepare the City's State Controllers Report. D. Prepare the Street /Transit Report. E. Prepare a management letter as appropriate. III. CHANGES The City may, from time to time, require changes in the scope of services of the Auditor to be performed hereunder. Such changes that are mutually agreed upon by and between the City and the Auditor shall be incorporated in a written amendment to this Agreement. IV. TIME OF PERFORMANCE A. The services to be provided by Auditor pursuant to this Agreement shall begin with the audit of the Fiscal Year ending June 30, 2004. B. Auditor shall conduct preliminary and field audit work such as to complete the audit and provide a draft report with final adjustments to City no later than December 1, 2004. Written financial statements shall be provided to City no later than January 14, 2005. C. Management findings shall be presented in draft form no later than December 15, 2004, with final report provided no later than January 14, 2005. D. Preparation of the submittal for the GFOA Certificate shall be such that GFOA submittal deadlines are met. E. Preparation of the submittal of City's State Controller's Report and Street /Transit Report shall be in accordance with State guidelines. V. TERM OF AGREEMENT This Agreement shall be valid for a period of three (3) years beginning with the audit for the year ending June 30, 2004 and ending on June 30, 2006 unless mutually extended 000154 in writing. The Agreement may be renewed at the City's discretion for additional one (1) year periods. VI. COMPENSATION For the services requested, City shall pay Auditor the amounts listed in the attached Schedule of Audit fees. Auditor will be entitled to payment within thirty (30) days of receipt of written invoice for services provided, except for those which are contested or questioned and returned by City, with written explanation within thirty (30) days of receipt and invoice. Auditor shall provide to City a written response to any invoice contested or questioned and further, upon request of City, provide City with any and all documents related to any invoice. The final ten percent (10 %) of the compensation amounts referenced in the attached shall not be paid until completion of all services required herein. For any extension of this Agreement Auditor shall remit a proposed compensation amount to City to later than March 1 of each year for the upcoming audit. City and Auditor shall mutually agree to the amount in writing no later than April 1 of said year. Any costs incurred by Auditor for legal and /or court actions related to the engagement for those services required pursuant to this Agreement, such as subpoenas, testimony or consultation involving private litigation, arbitration or government regulatory inquiries and resulting from City's written request or lawful subpoena, will be paid at the rates agreed to by City in annual Engagement Letters between City and Auditor. VII. SERVICES AND MATERIALS TO BE FURNISHED BY CITY The City shall furnish the Auditor with all available necessary information, data, and material pertinent to execution of this Agreement. The City shall cooperate with the Auditor in carrying out the work herein and provide adequate staff for liaison with the Auditor. 000155 VIII. IX. X. XI. TERMINATION The City may upon giving Auditor. In compensated termination. be limited termination. Auditor may upon giving to City. terminate this Agreement with or without cause ten (10) days written notice of termination to the event of such termination Auditor shall be for such services up to the date of Such compensation for work in progress shall to actual services performed of the date of terminate this Agreement with or without cause sixty (60) days written notice of termination COMPLIANCE WITH FEDERAL REQUIREMENTS Auditor recognizes that a portion shall be from federal funds, and shall be required to comply regulations and Executive Orders Attachment No. 3 hereto and made other applicable Federal and State INFORMATION AND REPORTS of the compensation paid as a result Consultant with certain federal which are contained in a part hereof and any regulations. The Auditor shall, at such time and in such form as the City may require, furnish such periodic reports concerning the status of the project, such statements, certificates, approval, and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the City. The Auditor shall furnish the City, upon request, with copies of all documents and other materials prepared or developed in relation with or as part of the project. WHEN RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to the Auditor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of the Auditor, and the making or any such payment by the City while any such breach or default shall exist in no way impairs or prejudices any right or remedy available to the City in respect to such breach or default. 000156 XII. GENERAL CONDITIONS A. 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 Auditor performing services hereunder for the City. B. Auditor is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, servants or agents shall have any control over the conduct of Auditor or any of its officers, employees or agents, except as herein set forth. C. At the time of (1) termination of this Agreement or (2) conclusion of all work, all original documents, reports and other related material whether prepared by Auditor or obtained in the course of providing the services to be performed pursuant to this Agreement shall be made available to City upon request. D. Auditor shall hold harmless, indemnify and defend the City and its officers, employees, servants and agents from a claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from, or in any way connected with negligent acts or misconduct in the performance of this Agreement by the Auditor. The City does not, and shall not, waive any rights that it may have against Auditor by reason of Paragraph D hereof, because of the acceptance by the City, or the deposit with the City, or 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 D hereof. The City shall hold harmless and indemnify the Auditor from any liability, damages and legal costs sustained by Auditor for the limited event that any written representation from the City provided to Auditor shall be found to be false. 000157 E. Auditor 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 certificates of 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 off by the policies shall: 1. Name the City and its officers, employ servants and agents and independent contractors as additional insured with Auditor. 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, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation of the amendment is effective. Auditor shall give City thirty (30) days written notice prior to the expiration of such policy. 3. Be written on an occurrence basis. F. Consistent with the provisions of Paragraph E, Auditor shall provide general public liability insurance and professional 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. G. Consistent with the provisions of Paragraph E, Auditor shall provide workers' compensation insurance as required by the California Labor Code. If the workers' compensation law does not protect any class of employees engaged by Auditor in work under this Agreement, Auditor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. H. Auditor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is 000158 understood and acknowledged by the parties that Auditor is uniquely qualified to perform the services provided for in this Agreement. I. Any notice to be given pursuant to this Agreement shall be in writing and all such notices and any other document to be delivered by personal services or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: City: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93201 Auditor: Kevin T. Pulliam Vavrinek, Trine, Day & Company, LLP 8270 Aspen Street Rancho Cucamonga, CA 91730 Either party may, from time to time, by written notice to the other, designate a different address that shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service upon deposit in the United States mail. J. Nothing contained in this Agreement shall be deemed, construed or represented by City or Auditor or by any third person to create the relationship of principal agent, or of a partnership, or of joint venture, or of any other association of any kind or nature between City and Auditor. K. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreement or understandings, oral or written, is hereby merged herein. This Agreement shall not be amended in any way except by writing expressly purported to be such an amendment, signed and acknowledged by both parties hereto. L. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and 000159 equally, and shall not be interpreted against either party on the grounds that a party prepared the Agreement or caused it to be prepared. M. No waiver of any provision of this Agreement shall be deemed, or shall constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. N. 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 or 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. 0. Cases involving a dispute between City and Auditor may be decided by an arbitrator, if both sides agree in writing on the arbitration and on the arbitrator selected, with costs proportional to the judgment; of the arbitrator. P. This Agreement is made, entered into, executed in Ventura County, California and any action filed in any court or for arbitration for the interpretation, enforcement or other action to herein shall be filed in the applicable court in Ventura County, California. Auditor and City agree to waive any right to a trial by jury in any action, proceeding or counterclaim arising out of Auditor's services or fees pursuant to this Agreement. Q. The captions and headings of the various Articles and Paragraphs of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. R. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will never - the -less continue in full forces without being impaired or invalidated in any way. 000160 S. No officer, employee, director or agent of the City shall participate in any decision relating to this Agreement which affects his personal interests or the interest of any corporation, partnership or association in which he is directly or indirectly interested, or shall any such person have any interests, direct or indirect, in this Agreement, or the provisions thereof. T. The individual directly responsible for Auditor's overall performance of the Agreement's provisions herein above set forth and to serve as principal liaison between City and Auditor shall be Kevin T. Pulliam. The individual directly responsible for the City shall be Cynthia Borchard, Administrative Services Director. U. The language in this Agreement shall take precedence over the language contained in any exhibit to this Agreement. V. Auditor shall commence, carry on, and complete the project with all practicable dispatch, in a sound, economical, and efficient manner in accordance with the provisions hereof and all applicable laws. IN WITNESS WHEREOF, the City and the Auditor have executed this Agreement as of the date first written above. CITY OF MOORPARK Steven Kueny, City Manager ATTEST: Deborah S. Traffehstedt, City Clerk VAVRINEK, TRINE, DAY & CO., LLP Name Title 000161- CITY OF MOORPARK AND THE MOORPARK REDEVELOPMENT AGENCY SCHEDULE OF AUDIT FEES Reports 1. City of Moorpark 2. Single Audit, if applicable (assuming one major program) 3. Moorpark Redevelopment Agency FY 03/04 FY 04/05 FY 05/06 $23,990 $25,590 $26,900 $ 2,950 $ 3,250 $ 3,450 $ 4,100 4. CAFR Preparation $ 3,950 (year one implement GFOA format) 5. City of Moorpark Controllers Report $ 3,000 6. Street Report $ 2,000 Standard Hourly Rates $ 4,200 $ 3,000 $ 3,200 $ 2,100 $ 4,300 $ 3,250 $ 3,400 $ 2,200 Partner $185 $190 $195 Manager $165 $170 $175 Supervisor $145 $150 $155 Senior $120 $125 $130 Staff $ 85 $ 90 $ 95 Paraprofessional $ 59 $ 61 $ 65 0001.62