HomeMy WebLinkAboutAGENDA REPORT 2011 1116 CC REG ITEM 10EITEM 10.E.
MOORPARK CITY COUNCIL City Council W eetinu
AGENDA REPORT ` "- — 11-16 - il - °_ --- .
AC110N: .a-„vid 11Z9 W,
TO: Honorable City Council
FROM: Ron Ahlers, Finance Director 624
BY: Deborah Burdorf, Accountant I
DATE: October 25, 2011 (City Council Meeting of November 16, 2011)
SUBJECT: Consider Request for Proposal for Independent Auditing Services for
City and Redevelopment Agency for Fiscal Years 2011 -12, 2012 -13,
2013 -14, 2014 -15 and 2015 -16
BACKGROUND
The Government Finance Officers Association (GFOA) recommends that we issue a
comprehensive annual financial report (CAFR) at the close of each fiscal year. The
statements must be presented in conformity with generally accepted accounting
principles (GAAP) and audited by a firm of licensed certified public accountants in
accordance with auditing standards, the standards set forth for financial audits in the
General Accounting Office's (GAO) Government Auditing Standards (2007), the
provisions of the Federal Single Audit Act of 1996 and U.S. Office of Management and
Budget (OMB) Circular A -133, Audits of State, Local Governments and Non - Profit
Organizations.
The goal of a CAFR is better financial reporting. The objective of a financial audit is to
provide users of financial reports with independent assurance that the reports are
reliable, and the auditors seek to affirm that the financial statements are free from
material misstatement.
The GFOA also recommends that governmental entities enter into multi -year
agreements when obtaining the services of independent auditors. However, mandatory
rotation of audit firms is not required. Governmental entities should periodically
undertake a full -scale competitive process for the selection of independent auditors,
consistent with applicable legal requirements. This process should actively seek the
participation of all qualified firms, including the current auditors, assuming that the past
performance of the current auditors has proven satisfactory.
53
Honorable City Council
October 25, 2011
Page 2
DISCUSSION
June 30
2007 -2011
1999 -2006
1992 -1998
1988 -1991
1985 -1987
Audit Firm
Teaman, Ramirez & Smith
Vavrinek, Trine, Day & Co.
KPMG
Ernst & Young
Arthur Young
For the past five years, the City of Moorpark has retained the accounting firm of
Teaman, Ramirez & Smith (TRS), for auditing services for the City and the
Redevelopment Agency. They prepared the City CAFR, the Redevelopment Agency
Annual Financial Report, the Single Audit Report, the City of Moorpark State
Controller's Report and the Transit State Controller's Report. The current agreement
with Teaman, Ramirez & Smith expires with the completion of the audit and the
preparation of the reports for fiscal year 2010 -11, which we expect to be completed by
December, 2011.
Staff has prepared a Request for Proposal (RFP) for fourteen (14) qualified CPA firms,
including our current and past auditors, to serve as the City's independent auditors for
the next five fiscal years. Staff plans to post the RFP on the City's website as well as
the CSMFO website in order to attract as many proposals as possible. The proposal
will include the City and Redevelopment Agency Audits, Federal Single Audit (if
applicable), City of Moorpark State Controller's Report and Transit State Controller's
Report.
It its anticipated the selection of a firm will be completed by mid - January, 2012.
STAFF RECOMMENDATION
Authorize staff to initiate the Request for Proposal process for external auditing
services.
Attachments: Request for Proposal
New Auditor Sample Contract
List of Auditing Firms
54
LIST OF AUDITORS FOR RFP
PricewaterhouseCoopers
350 South Grand Avenue
49`h Floor
Los Angeles, CA 90071
Deloitte Touche
14011 Ventura Blvd, Suite 203
Sherman Oaks, CA 91423
Ernst & Young
515 S. Flower St., Suite 2300
Los Angeles, CA 90071
KPMG
21700 Oxnard St.
Woodland Hills, CA 91367
Vavrinek, Trine, Day & Co., LLP
8270 Aspen St.
Rancho Cucamonga, CA 91730
Teaman, Ramirez & Smith, Inc.
4201 Brockton Ave., Suite 100
Riverside, CA 92501
Dennis & Hart
12223 Highland Ave. #106 -625
Rancho Cucamonga, CA 91739
Rogers Anderson Malody & Scott, LLP
290 North "D" St., Suite 300
Vanir Tower
San Bernardino, CA 92401
McGladrey & Pullen, LLP
251 S. Lake Avenue, #300
Pasadena, CA 91101 -3055
Macias Gini & O'Connell LLP
2029 Century Park East, Suite 500
Los Angeles, CA 90067
Grant Thornton
1000 Wilshire Boulevard, Suite 300
Los Angeles, CA 90017
Moss Adams
10960 Wilshire Boulevard, Suite 1100
Los Angeles, CA 90024
BDO Seidman
1888 Century Park East, 4th Floor
Los Angeles, CA 90067
White Nelson Diehl Evans LLP
2875 Michelle Drive, Suite 300
Irvine, CA 92606
55
CITY OF MOORPARK
REQUEST FOR PROPOSALS
for
PROFESSIONAL AUDITING SERVICES
Ron Ahlers
Finance Director
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
56
CITY OF MOORPARK
REQUEST FOR PROPOSALS
PROFESSIONAL AUDITING SERVICES
TABLE OF CONTENTS
I. INTRODUCTION .............................................................................................................. ..............................1
A. General Information ..................................................................................................... ..............................1
B. Term of Engagement ................................................................................................... ..............................2
II. NATURE OF SERVICES REQUIRED .............................................................................. ..............................2
A. Scope of Work to be Performed .................................................................................. ..............................2
B. Auditing Standards to be Followed .............................................................................. ..............................3
C. Working Paper Retention ............................................................................................ ..............................3
D. Irregularities and Illegal Acts ........................................................................................ ..............................3
III. DESCRIPTION OF THE GOVERNMENT ....................................................................... ..............................4
A. Background Information ............................................................................................... ..............................4
B. Fund Structure ............................................................................................................. ..............................4
C. Magnitude of Finance Operations ................................................................................ ..............................4
D. Computer Systems ..................................................................................................... ............................... 5
E. Availability of Prior Reports and Work Papers ............................................................. ..............................5
IV. TIME REQUIREMENTS ................................................................................................. ..............................6
A. Proposal Calendar ....................................................................................................... ..............................6
B. Date Audit May Commence ......................................................................................... ..............................6
C. Date Reports Are Due ................................................................................................. ..............................6
V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION . ..............................6
A. Finance Department and Clerical Assistance ............................................................... ..............................6
B. Work Area, Telephone, and Office Equipment ............................................................ ..............................7
C. Report Preparation ...................................................................................................... ..............................7
VI. PROPOSAL REQUIREMENTS ...................................................................................... ..............................7
A. General Requirements ................................................................................................. ..............................7
B. Format for Technical Proposal ..................................................................................... ..............................8
C. Contents of Technical Proposal ................................................................................... ..............................8
D. Contents of Cost proposal .......................................................................................... .............................11
57
CITY OF MOORPARK
TABLE OF CONTENTS (Continued)
VII. EVALUATION PROCEDURES ..................................................................................... .............................11
A. Review of Proposals ................................................................................................... .............................11
B. Evaluation Criteria ...................................................................................................... .............................11
ATTACHMENT A
CostProposal Form ........................................................................................................ .............................13
StandardBilling Rates .................................................................................................... .............................13
W
CITY OF MOORPARK
REQUEST FOR PROPOSALS (RFP)
PROFESSIONAL AUDITING SERVICES
1. INTRODUCTION
A. General Information
The City of Moorpark is requesting proposals from qualified certified public accountant firms to
audit its financial statements for the five fiscal years beginning with the fiscal year ending June
30, 2012, subject to the cancellation provisions of the agreement. In addition to performing
services as described under Section II.A of this RFP. These audits are to be performed in
accordance with auditing standards generally accepted in the United States of America, the
standards set forth for financial audits contained in Government Auditing Standards (2007)
issued by the Comptroller General of the United States, and the U.S. Office of Management
and Budget (OMB) Circular A -133 Audits of State and Local Governments and Non - Profit
Organizations.
There is no expressed or implied obligation for the City of Moorpark to reimburse responding
firms for any expenses incurred in preparing proposals in response to this request. Materials
submitted by respondents become the property of the City of Moorpark upon its receipt by the
City.
During the evaluation process, the City of Moorpark reserves the right, where it may serve the
City's best interest, to request additional information or clarification from Proposers, or to allow
corrections of errors or omissions. At the discretion of the City of Moorpark, firms submitting
proposals may be requested to make oral presentations as part of the evaluation process.
The City reserves the right to retain all proposals submitted and to use any idea(s) in a
proposal regardless of whether that proposal is selected. Submission of a proposal indicates
acceptance by the firm of the conditions contained in the request for proposals, unless clearly
and specifically noted in the proposal submitted and confirmed in the contract between the
City of Moorpark and the firm selected.
A copy of the City's most recent budget and Comprehensive Annual Financial Report (CAFR)
along with the Moorpark Redevelopment Agency Annual Financial report can be found on the
City's website, http: / /ci.moorpark.ca.us.
It is anticipated the selection of a firm will be completed by mid - January, 2012. Following the
notification of the selected firm, a recommendation and proposed contract will be prepared for
consideration and approval by the City Council at its February 1, 2012 meeting. The City
reserves the right to reject any or all proposals, to waive any non - material irregularities or
information in any proposal, and to accept or reject any items or combination of items.
59
City of Moorpark
RFP for Professional Auditinq Services
B. Term of Engagement
Page 2
It is the intent of the City to contract for the services presented herein for a term of five (5)
years.
The proposal package shall present all inclusive audit fees for each year of the contract term.
II. NATURE OF SERVICES REQUIRED
A. Scope of the Work to be Performed
The City of Moorpark desires a Comprehensive Annual Financial Report (CAFR) and its
component unit financial statements for the City of Moorpark and the Moorpark
Redevelopment Agency to be prepared by the independent auditor and be fully compliant for
GASB for the fiscal year ended June 30, 2012 and each of the subsequent years, June 30,
2013, 2014, 2015 and 2016 of the audit firm's contract with the City. The City will continue to
submit the CAFR to the Government Finance Officers Association (GFOA) for review in their
Certificate of Achievement for Excellence in Financial Reporting program.
The selected independent auditor will be required to perform the following tasks.
The audit firm will perform an audit of all funds of the City of Moorpark. The audit will be
conducted in accordance with auditing standards generally accepted in the United States
of America and Government Auditing Standards, issued by the Comptroller of the United
States. The City's Comprehensive Annual Financial Report (CAFR) will be prepared
and word processed by the audit firm. The CAFR will be in full compliance with all
GASB statements. The audit firm will render their auditors' report on the basic financial
statements which will include both Government -Wide Financial Statements and Fund
Financial Statements.
The audit firm will conduct a financial and compliance audit of the Moorpark
Redevelopment Agency. The compliance audit shall include the provisions of laws and
regulations identified in the Guidelines for Compliance Audits of California Redevelopment
Agencies, issued by the State Controller. The auditors shall prepare GASB compliant
component unit financial statements for each year of the engagement.
2. The audit firm will perform a single audit (if applicable) on the expenditures of federal
grants in accordance with OMB Circular A -133 and render the appropriate audit reports on
Internal Control over Financial Reporting based upon the audit of the City's financial
statements in accordance with Government Auditing Standards and the appropriate reports
on compliance with Requirements Applicable to each Major Program, Internal Control over
Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with
OMB Circular A -133.
NO
City of Moorpark
RFf� for Professional Auditing Services
Page 3
3. The audit firm shall issue a separate "management letter" that includes recommendations
for improvements in internal control, accounting procedures and other significant
observations that are considered to be non - reportable conditions. Management letters
shall be addressed to the City Manager.
4. At the sole discretion of the City of Moorpark, the audit firm may be requested to prepare
and submit the Annual State Controller's Report for the City of Moorpark and the Annual
Transit Report.
B. Auditing Standards to be Followed
To meet the requirements of this Request for Proposal, the audit shall be performed in
accordance with:
1. Generally accepted auditing standards as set forth by the American Institute of Certified
Public Accountants;
2. The standards applicable to financial audits contained in Government Auditing Standards
(2007 Revision), issued by the Comptroller General of the United States;
3. The provisions of the Single Audit Act as amended in 1996; and
4. The provisions of U. S. Office of Management and Budget (OMB) Circular A -133, Audits of
State and Local Governments and Non - Profit Organizations.
C. Working Paper Retention
All working papers and reports must be retained at the auditor's expense for a minimum of
seven (7) years, unless the firm is notified in writing by the City of Moorpark of the need to
extend the retention period. The auditor will be required to make working papers available to
the City of Moorpark or any government agencies included in the audit of federal grants. In
addition, the firm shall respond to the reasonable inquiries of successor auditors and allow
successor auditors to review working papers relating to matters of continuing accounting
significance.
D. Irregularities and Illegal Acts
Auditors shall be required to make an immediate, written report of all irregularities and illegal
acts or indications of illegal acts of which they become aware to the following parties: City
Manager and the Finance Director.
61
City of Moorpark
RFP for Professional Auditing Services
III. DESCRIPTION OF THE GOVERNMENT
A. Background Information
Page 4
The City of Moorpark, a general law city incorporated in July 1983, has a population of
approximately 37,000 residents and approximately 100 full and part-time employees. The City
of Moorpark is governed by a Council /Manager form of government. The Mayor is elected to
serve a two -year term and the four City Council members are elected at large to serve
staggered four -year terms. The City is located in the southeastern part of Ventura County, 50
miles northwest of downtown Los Angeles and 25 miles east of the City of Ventura.
The City of Moorpark provides traditional city community development services, street
maintenance, public transit, animal control, and housing programs, along with an array of
recreation programs and community parks and facilities. Police services are provided under
contract with the County of Ventura, and separate districts provide water, sewer and fire
services.
On June 15, 2011, the Moorpark City Council approved the City's Operating and Capital
Improvement budget for FY 2011 -12. The total expenditure budget for both the City of
Moorpark and the Moorpark Redevelopment Agency is $64.5 million including $40.9 million in
operating expenditures and $6.3 million in capital improvements. The total revenue for all
funds has been budgeted at $44.7 million including $15.5 million in General Funds.
B. Fund Structure
The City of Moorpark uses the following fund types and account groups in its financial
reporting:
Number of Individual
Funds by Enti
Fund Type/Account Group
city
RDA
Developer
Deposits
General Fund
1
Special Revenue Fund
68
2
Debt Service Fund
3
3
Capital Projects Fund
6
2
Fiduciary Fund
1
391
C. Magnitude of Finance Operations
The Finance Department is headed by Ron Ahlers, Finance Director and consists of 6
employees. The Department is charged with providing financial management, budgeting,
accounting, cash management, billing, revenue collection, payroll, fixed assets management,
purchasing and general administrative support services for the City and Redevelopment
Agency.
62
City of Moorpark
RFP for Professional Auditing Services
D. Computer Systems
Page 5
The City's computerized systems are run on a Local Area Network (LAN). The accounting
functions are computerized using Sungard Pentamation software on a windows based server.
The applications operating on this system are general ledger, accounts payable, payroll,
human resources, budget, cash receipts, fixed assets, purchasing and miscellaneous
accounts receivable.
E. Availability of Prior Reports and Work Papers
Teaman, Ramirez & Smith in Riverside, CA conducted the City's most recent audit. The work
papers of the previous audits are the property of the previous auditor and can be reviewed by
the successful Proposer. The following financial statements were prepared or audited by
Teaman, Ramirez & Smith.
1. City of Moorpark Comprehensive Annual Financial Report;
2. Moorpark Redevelopment Agency Annual Financial Report; and
3. A Single Audit Report (if applicable)
4. City State Controller's Report
5. Transit State Controller's Report
63
City of Moorpark
RFP for Professional Auditing Services
IV.
V.
TIME REQUIREMENTS
A. Proposal Calendar
Page 6
The following is a list of key dates up to, and including, the date proposals are to be submitted:
Date
December 1, 2011
December 29, 2011
January 17 -20, 2012
February 15, 2012
B. Date Audit May Commence
Activity
Request for Proposal issued
Due date for proposals (due by 5:00 p.m.)
Oral Interviews (conducted at City's discretion)
Contract awarded by City Council
Audit planning, including all necessary planning for GASB 34, documentation of systems of
internal control and compliance and transaction testing should be completed during the interim
stage. Our current auditors normally come out to conduct their interim audit around the end of
June. The successful proposal is expected to be available to complete the interim around the
same time frame. It is expected the City will close its books and be ready for the final audit by
the end of September.
C. Date Reports Are Due
The auditor shall provide all drafts and recommendations for improvements to the Finance
Director within a reasonable time period after the last day of field work. The auditor should be
available for any meetings that may be necessary to discuss the draft audit reports. Once all
issues of discussion are resolved, the completed CAFR, component unit financial statements,
Single Audit report (if applicable) and other reports shall be delivered to the Finance Director.
It is anticipated that this process will be completed and the final products to be delivered by
December 1St each year.
ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION
A. Finance Department and Clerical Assistance
The Finance Department staff will be available during the audit to assist the firm by providing
information, documentation, and explanations. A staff person will be assigned by the City to
be responsible for acting as the liaison between the audit firm and the accounting personnel
and other City staff.
City of Moorpark Page 7
RFP for Professional Auditina Services
B. Work Area, Telephone, and Office Equipment
The City will provide the auditor with reasonable work space, desks and chairs. The auditor
will also be provided with access to a telephone and photocopying and fax machines.
C. Report Preparation
Report preparation, editing, printing, binding shall be the responsibility of the auditor.
1. Comprehensive Annual Financial Report - 25 reports
2. Single Audit Report - 10 reports
3. Redevelopment Agency Financial Statements - 25 reports
4. City State Controller's Report
5. Transit State Controller's Report
VI. PROPOSAL REQUIREMENTS
A. General Requirements
1. Inquiries concerning the Request for Proposals and the subject of the Request for
Proposals must be made to:
Ron Ahlers
Finance Director
799 Moorpark Avenue
Moorpark, CA 93021
(805) 517 -6249
rahlers(c-)-ci.moorpark.ca.us
CONTACT WITH PERSONNEL OF THE CITY OTHER THAN THE ABOVE REGARDING
THIS REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE
SELECTION PROCESS.
2. Submission of Proposal. Ten (10) copies of the proposal shall be received in the office of
the City Clerk of the City of Moorpark by 5:00 p.m. on December 29, 2011 for a proposal
to be considered. For the purpose of inquiry or delivery of proposals, the Moorpark City
Hall is open to the public from 8:00 a.m. to 5:00 p.m. each weekday, excluding City
recognized holidays.
65
City of Moorpark
RFP for Professional Auditinq Services
The Proposal should be addressed as follows:
City of Moorpark
Attn: City Clerk
799 Moorpark Avenue
Moorpark, CA 93021
Proposals must be sealed and clearly state on the outside of the package or envelope:
"Proposal for Audit Services ".
B. Format for Technical Proposal
Page 8
Title Page showing the request for proposals subject; the firm's name; the name, address
and telephone number of the contact person; and the date of the proposal.
2. Table of Contents identifying the materials submitted by section and page number. Cross -
referencing to section and page number in the RFP would be helpful.
3. Signed Transmittal Letter briefly stating the Proposer's understanding of the work to be
done; the commitment to perform the work within the time period; and the name(s) of the
person(s) authorized to represent the Proposer, title, address, and telephone number.
4. Detailed Proposal following the order set forth in Section C below.
C. Contents of Technical Proposal
The purpose of the Technical Proposal is to demonstrate the qualifications, competence
and capacity of the firm seeking to undertake an independent audit of the City in conformity
with the requirements of this request for proposals. As such, the substance of proposals
will carry more weight than the form or manner of presentation. The Technical Proposal
should demonstrate the qualifications of the firm and of the particular staff to be assigned
to this engagement. It should also specify an audit approach that will meet the request for
proposals requirements.
The Technical Proposal should address all points outlined in the request for proposals. The
proposal should be prepared simply and economically, providing a straightforward, concise
description of the Proposer's capabilities to satisfy the requirements of this request for
proposals. While additional data may be presented, the following subjects must be
included. They represent the criteria against which the proposal will be evaluated.
1. License to Practice in California
An affirmative statement should be included verifying the firm and all assigned key
professional staff are properly licensed to practice in California.
..
City of Moorpark
RFP for Professional Auditinq Services
2. Independence
Page 9
The firm should provide an affirmative statement that it is independent of the City of
Moorpark as defined by auditing standards generally accepted in the United States of
America and the General Accounting Office's Government Auditing Standards.
3. Firm Qualifications and Experience
To qualify the firm must have extensive experience in audits of local governments as
well as experience with preparation of Comprehensive Annual Financial Statements
in GASB 34 format. The Proposer should state the size of the firm, the size of the firm's
governmental audit staff, the location of the office from which the work on this engagement
is to be performed, and the number and nature of the professional staff to be employed in
this engagement on a full -time basis and the number and nature of the staff to be so
employed on a part-time basis. Staff consistency is an important consideration.
The Proposer should provide the range of activities performed by the local office, e.g.,
audit, accounting, tax service and /or management consulting services.
The Proposer must provide a list of all current municipal clients.
The Proposer is also required to submit a copy of a report on its most recent external
quality control review (peer review), with a statement whether that quality control review
included a review of specific government engagements (required by Government Audit
Standards (1994).
The Proposer shall also provide information on the results of any Federal or State desk
reviews or field reviews of its audits during the past three (3) years. In addition, the
Proposer shall provide information on the circumstances and status of any disciplinary
action taken or pending against the firm during the past three (3) years with State
regulatory bodies or professional organizations.
4. Partner, Supervisory and Staff Qualifications and Experience
Identify the principal supervisory and management staff, including engagement partners,
managers, other supervisors and specialists who would be assigned to this engagement.
Include resumes, indicating whether each such person is registered or licensed to practice
as a certified public accountant in California. Provide information on the government
auditing experience of each person, including information on relevant continuing
professional education for the past (3) three years and membership in professional
organizations relevant to the performance of this audit.
Provide as much information as possible regarding the number, qualifications, experience
and training, including relevant continuing professional education, of the specific staff to be
assigned to this engagement. Indicate how the quality of staff over the term of the
agreement will be assured.
67
City of Moorpark
RFP for Professional Auditing Services
Page 10
Engagement partners, managers, other supervisory staff and specialists may be changed if
those personnel leave the firm, are promoted or are assigned to another office. These
personnel may also be changed for other reasons with the express prior written permission
of the City. However, in either case, the City retains the right to approve or reject
replacements.
Other audit personnel may be changed at the discretion of the Proposer provided that
replacements have substantially the same or better qualifications or experience.
5. Similar Engagements with Other Government Entities
For the firm's office that will be assigned responsibility for the audit, list the most significant
engagements (minimum - 5) performed in the last three (3) years that are similar to the
engagement described in this request for proposals. These engagements should be
ranked on the basis of total staff hours. Indicate the scope of work, date, engagement
partners, total hours, and the name and telephone number of the principal client contact.
Also please indicate whether the audit was part of a Comprehensive Annual Financial
Report prepared in conformance with the GASB 34 requirements. Information should be
provided regarding clients that the firm serves that have received the CSMFO and GFOA
awards.
The City reserves the right to contact any or all of the listed references regarding the audit
services performed by the Proposer.
6. Specific Audit Approach
The proposal should set forth a work plan, including an explanation of the audit
methodology to be followed, to perform the services required in Section II of this request
for proposal.
7. Identification Anticipated Potential Audit Problems
The proposal should identify and describe any anticipated potential audit problems, the
firm's approach to resolving these problems and any special assistance that will be
requested from the City.
.:
City of Moorpark Page 11
RFP for Professional Auditing Services
D. Contents of Cost Proposal
1. Total All-inclusive Maximum Price
The cost proposal should contain all pricing information relative to performing the audit
engagement as described in this request for proposals. The total all- inclusive maximum
price to be bid is to contain all direct and indirect costs including all out -of- pocket
expenses.
The City will not be responsible for expenses incurred by a firm in the preparation and /or
presentation of a proposal in response to this request.
The cost proposal should be submitted in the format provided in Attachment A, "COST
PROPOSAL FORM ".
2. Manner of Payment
Progress payment will be made on the basis of hours of work completed during the course
of the engagement not to exceed the amount specified in the firm's proposal and
subsequent contract. Interim billings may be submitted for services performed as costs are
incurred. However, the City of Moorpark will not make final payment of the total amount
due under the terms of the contract until it has accepted the final work products.
VII. EVALUATION PROCEDURES
A. Review of Proposals
City Staff, consisting at a minimum, of the following, will evaluate submitted proposals:
Ron Ahlers, Finance Director
Irmina Lumbad, Budget & Finance Manager
Debbie Burdorf, Accountant
B. Evaluation Criteria
Proposals will be evaluated using three (3) sets of criteria. Firms meeting the mandatory
criteria will have their proposals evaluated and scored for both technical qualifications and
price. The following represent the principal selection criteria, which will be considered during
the evaluation process.
.•
City of Moorpark Page 12
RFP for Professional Auditinq Services
1. Mandatory Elements
a. The audit firm is independent and licensed to practice in California;
b. The firm has no conflict of interest with regard to any of the work proposed to be
performed by the firm for the City;
c. The firm adheres to the instructions in this request for proposals on preparing and
submitting the proposal;
d. The firm submits a copy of its last external quality control review report and the firm
has a record of quality audit work;
e. The firm's past experience and performance on comparable government
engagements;
f. The quality of the firm's professional personnel to be assigned to the engagement and
the quality of the firm's management support personnel to be available for technical
consultation;
g. Adequacy of proposed staffing plan for various segments of the engagement;
h. Thoroughness of approach to conducting the audit of the City and demonstration of
the understanding of the objectives and scope of the audit;
Commitment to timeliness in the conduct of the audit;
Maximum fees for the services to be performed.
70
City of Moorpark
RFP for Professional Auditina Services
Attachment A
COST PROPOSAL FORM
Page 13
Service
2011/12
2012/13
2013/14
2014/15
2015/16
City Audit and Related
Partner
$
$
$
$
Reports
$
$
$
$
$
Redevelopment Audit
Supervisor
_
_
$
_
and Related Reports
$
$
$
$
$
Single Audit and
Staff Accountant
$
$
$
$
Related Reports (if
$
$
$
$
$
applicable)
Subtotal
At the City's option.
City State Controller's
$
$
$
$
$
Report
Transit State
Controller's Report
$
$
$
$
$
Total for Fiscal Year
not -to- exceed
$
$
$
$
$
STANDARD BILLING RATES
Auditors Standard Hourly Billing Rates
Position
2011 /12
2012/13
2013114
2014115
2015/16
Partner
$
$
$
$
$
Manager
$
$
$
$
$
Supervisor
$
$
$
$
$
Senior Accountant
$
$
$
$
$
Staff Accountant
$
$
$
$
$
Paraprofessional /Administrative
Assistant
$
$
$
$
$
71
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
NEW AUDITOR FOR INDEPENDENT AUDIT SERVICES
THIS AGREEMENT, is made and effective as of DATE, between the City of
Moorpark, a municipal corporation ( "City ") and New Auditor [insert legal description of
Auditor, such as a sole proprietorship, partnership, limited liability partnership,
corporation, joint venture, limited liability corporation] ( "Auditor "). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for professional auditing services; and
WHEREAS, Auditor specializes in providing such services and has the proper
work experience, certifications and background to carry out the duties involved; and
WHEREAS, Auditor has submitted to City a Proposal dated PROPOSAL DATE,
which is attached hereto as Exhibit B for continuing audit services for fiscal year ending
June 30, 2012, through fiscal year ending June 30, 2016; and
WHEREAS, on DATE, City invited proposals for auditing services to perform
related duties as set forth in Exhibit C; and
WHEREAS, said audit firm is staffed with personnel knowledgeable and
experienced in the requirements of independent financial audit services and
Government Finance Officers (GFOA) as well as California Society of Municipal
Finance Officers Association (CSMFO) certification;
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit C, unless
this Agreement is terminated or suspended pursuant to Article 6 herein.
2. SCOPE OF SERVICES
City does hereby retain Auditor, as an independent contractor, in a contractual
capacity to provide Auditing Scope of Services, as set forth in Exhibit C. Auditor's
Proposal, dated PROPOSAL DATE, which exhibit is attached hereto and incorporated
herein by this reference as though set forth in full and hereinafter referred to as the
"Proposal." Where said Scope of Services is modified by this Agreement, or in the
event there is a conflict between the provisions of said Scope of Services and this
Agreement, the language contained in this Agreement shall take precedence.
Auditor shall perform the following services as described below:
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A. Conduct an independent financial audit of the City of Moorpark and the
Redevelopment Agency of the City of Moorpark ( "Agency ") financial
statements, and Single Audit pursuant to the Office of Management and
Budget (OMB) Circular A -133.
B. Assist in the preparation and submittal of the City's Comprehensive Annual
Financial Report (CAFR) for the GFOA "Certificate of Achievement for
Excellence in Financial Reporting" and for the CSMFO "Certificate of Award
for Outstanding Financial Reporting."
C. Prepare the City's State Controller's Report.
D. Prepare the Transit State Controller's Report.
E. Prepare the Independent Auditors' Management Letter and identify issues not
required to be disclosed, but represent the auditors' concerns and
suggestions noted in the audit as appropriate.
Auditor shall perform the tasks described and set forth in Exhibit C, attached
hereto and incorporated herein by this reference as though set forth in full.
Compensation for the services to be performed by Auditor shall be in accordance
with Exhibit C, attached hereto and incorporated herein by this reference as though set
forth in full. Compensation shall not exceed the rates or total contract value SPELL
OUT CONTRACT CAP dollars ($CONTRACT CAP) as stated in Exhibit C, attached
hereto and incorporated herein by this reference as though set forth in full, without the
written authorization of the City Manager of the City of Moorpark. Payment by City to
Auditor shall be in accordance with the provisions of Article 5, of this Agreement.
3. PERFORMANCE
Auditor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Auditor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Auditor hereunder in
meeting its obligations under this Agreement.
A. The services to be provided by Auditor pursuant to this Agreement shall begin
with the audit of the fiscal year ending June 30, 2012.
B. Auditor shall conduct preliminary and field audit work such as to complete the
City, Agency, and Single Audits and provide a draft report with final
adjustments to the City no later than the end of the second week of
November. The Auditor should be available for any meetings that may be
necessary to discuss the draft audit reports. Once all issues of discussion are
resolved, the completed CAFR, component unit financial statements, Single
Audit Report (if applicable) and other reports shall be delivered to the Finance
Director by the end of the third week in December.
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C. Management findings shall be presented in draft form no later than November
15, 2012, 2013, 2014, 2015, and 2016, with final report delivered with
completed CAFR.
D. Assistance with the preparation of the submittal for the GFOA and CSMFO
Certificates shall be such that deadlines are met.
E. Preparation of the submittal of City's State Controller's Report and Transit
State Controller's Report shall be in accordance with State guidelines.
F. Preparation of the submittal of Agency's Financial Statements shall be in
accordance with State reporting guidelines.
G. Preparation of the Single Audit shall be in accordance with the Federal Single
Audit reporting guidelines.
4. CITY MANAGEMENT
The individual directly responsible for Auditor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Auditor shall be the City Manager or the City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form,
before payments may be made to vendors.
The City agrees to pay Auditor, in accordance with the payment rates and terms
and the schedule of payment as set forth in Exhibit C, attached hereto and incorporated
herein by this reference as though set forth in full, based upon actual time spent on the
above tasks. This amount shall not exceed SPELL OUT CONTRACT CAP dollars
($CONTRACT CAP) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
Auditor shall not be compensated for any services rendered in connection with its
performance of this Agreement, which are in addition to those set forth herein, unless
such additional services are authorized in advance and in writing by the City Manager.
Auditor shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Auditor at the time City's written
authorization is given to Auditor for the performance of said services. The City Manager
may approve additional work not to exceed ten percent (10 %) of the amount of the
Agreement.
Auditor shall receive payment within thirty (30) days of receipt of each invoice as
to all non - disputed fees. Any expense or reimbursable cost appearing on any invoice
shall be accompanied by a receipt. If the City disputes any of Auditor's fees or expenses
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it shall give written notice to Auditor within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion thereof, by serving upon the Auditor at least
ten (10) days prior written notice. Upon receipt of said notice, the Auditor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Auditor 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, Auditor 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.
In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Auditor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Auditor will submit an invoice to the City
pursuant to Article 5 herein.
7. DEFAULT OF AUDITOR
The Auditor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Auditor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Auditor
for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Auditor. If such failure by the Auditor to make
progress in the performance of work hereunder arises out of causes beyond the
Auditor's control, and without fault or negligence of the Auditor, it shall not be
considered a default.
If the City Manager or the City Manager's designee determines that the Auditor is
in default in the performance of any of the terms or conditions of this Agreement,
designee shall cause to be served upon the Auditor a written notice of the default. The
Auditor shall have thirty (30) days after service upon it of said notice in which to cure the
default by rendering a satisfactory performance. In the event that the Auditor fails to
cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice
and without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
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8. OWNERSHIP OF DOCUMENTS
Auditor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Auditor shall maintain adequate records
of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Auditor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of seven (7) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, computer files, surveys, notes, and other documents
prepared in the course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the City and may be used, reused, or
otherwise disposed of by the City without the permission of the Auditor. With respect to
computer files, Auditor shall make available to the City, at the Auditor's office and upon
reasonable written request by the City, the necessary computer software and hardware
for purposes of accessing, compiling, transferring, and printing computer files.
9. INDEMNIFICATION AND HOLD HARMLESS
Professional Liability: Auditor shall indemnify, defend (with counsel reasonably
acceptable to City) and hold harmless City, and any and all of its officials, employees,
and agents ( "the Indemnitees ") from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses, or costs of any kind, whether actual, alleged or
threatened, including attorneys' fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arises out of, are a consequence of, or are in any
way attributable to, in whole or in part, the negligence, willful misconduct, errors or
omissions, in performance of this Agreement by Auditor or by any individual, or entity for
which Auditor is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Auditor, except such damage as is caused by negligence of the City
or any of its officials, employees, or agents.
Other than Professional Liability: Auditor shall indemnify, defend and hold
harmless City, and any and all of its employees, officials, and agents from and against
any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses, or costs of any
kind, whether actual, alleged or threatened, including attorneys' fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of,
are a consequence of, or are in way attributable to, in whole or in part, the performance
of this Agreement by Auditor or by any individual or entity for which Auditor is legally
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liable, including but not limited to officers, agents, employees, or sub - consultants of
Auditor.
Auditor agrees to obtain executed indemnity agreements with provisions identical
to those set forth here in this Section from each and every sub - consultant, or any other
person or entity involved by, for, with, or on behalf of Auditor in the performance of this
Agreement. In the event Auditor fails to obtain such indemnity obligations from others as
required here, Auditor agrees to be fully responsible according to the terms of this
Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns, or heirs of Auditor and shall survive the termination of this
Agreement or this Section.
City does not and shall not waive any rights that it may have against Auditor by
reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
10. INSURANCE
Auditor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
11. INDEPENDENT AUDITOR
Auditor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Auditor shall at all times be under Auditor's exclusive direction and control. Neither City
nor any of its officers, employees, or agents shall have control over the conduct of
Auditor or any of Auditor's officers, employees, or agents, except as set forth in this
Agreement. Auditor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, employees, or agents of the
City. Auditor shall not incur or have the power to incur any debt, obligation, or liability
against City, or bind City in any manner.
No employee benefits shall be available to Auditor in connection with the
performance of this Agreement. Except for the fees paid to Auditor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Auditor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Auditor for injury or sickness arising out of performing services
hereunder.
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12. LEGAL RESPONSIBILITIES
The Auditor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Auditor shall at all times
observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Auditor to
comply with this Section.
13. ANTI DISCRIMINATION
Neither the Auditor, nor any sub - consultant under the Auditor, shall discriminate
in employment of persons upon the work because of race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, or gender
of such person, except as provided in Section 12940 of the Government Code. The
Auditor shall have responsibility for compliance with this Section [Labor Code Sec.
1735].
14. UNDUE INFLUENCE
Auditor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Auditor, or any officer,
employee or agent of Auditor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his /her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
16. CONFLICT OF INTEREST
Auditor 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. Auditor
further covenants that in the performance of this Agreement, they shall employ no
person having such interest as an officer, employee, agent, or sub - consultant. Auditor
further covenants that Auditor has not contracted with nor is performing any services
directly or indirectly, with the developer(s) and /or property owner(s) and /or firm(s) and /or
partnership(s) and /or public agency(ies) owning property and /or processing an
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entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Auditor and /or its sub -
consultants shall provide no service or enter into any contract with any developer(s)
and /or property owner(s) and /or firm(s) and /or partnership(s) and /or public agency(ies)
owning property and /or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one -year time period
following termination of this Agreement.
17. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
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:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: AUDITOR NAME
AUDITOR FIRM
STREET ADDRESS
CITY, STATE ZIP
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
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
18. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Auditor's legal
entity, the Auditor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement Documents.
19. ASSIGNMENT
Auditor shall not assign this Agreement or any of the rights, duties, or obligations
hereunder. It is understood and acknowledged by the parties that Auditor is uniquely
qualified to perform the services provided for in this Agreement.
20. LICENSES
At all times during the term of this Agreement, Auditor shall have in full force and
effect, all licenses required of it by law for the performance of the services in this
Agreement.
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21. VENUE AND GOVERNING LAW
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. The City and Auditor
understand and agree that the laws of the state of California shall govern the rights,
obligations, duties, and liabilities of the parties to this Agreement and also govern the
interpretation of this Agreement.
22. COST RECOVERY
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 attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
23. ARBITRATION
Cases involving a dispute between City and Auditor may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
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 define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
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27. PRECEDENCE
Auditor is bound by the contents of City's Request for Proposal, Exhibit B
attached hereto and incorporated herein by this reference as though set forth in full, and
the contents of the proposal submitted by the Auditor, Exhibit B attached hereto and
incorporated herein by this reference as though set forth in full. In the event of conflict,
the requirements of .the City's Request for Proposals and this Agreement shall take
precedence over those contained in the Auditor's Proposal.
28. INTERPRETATION OF AGREEMENT
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.
29. HIRING
During the term of this contract, and for a period of six (6) months after the term
of this contract, Auditor agrees not to solicit, recruit, or contact any City employee for
purposes of hiring such employee or for purposes of retaining such employee to work
for Auditor. Auditor agrees that if any City employee submits an unsolicited application
for employment or consulting work to Auditor and Auditor hires such City employee as
an employee, Auditor shall pay to City a fee of Seventy -five Thousand Dollars
($75,000.00) to compensate City for costs associated with recruitment of a replacement,
training, temporary interim employees, and other related expenses.
30. WAIVER
No waiver of any provision 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 provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Auditor
warrants and represents that he /she has the authority to execute this Agreement on
behalf of the Auditor and has the authority to bind Auditor to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK AUDITOR FIRM
:
CITY MANAGER
Attest:
Maureen Benson, City Clerk
A
AUDITOR NAME, TITLE
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INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Auditor will maintain
insurance in conformance with the requirements set forth below. Auditor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Auditor agrees to amend, supplement, or endorse the
existing coverage to do so. Auditor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Auditor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Auditor owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Auditor or Auditor's employees will use personal autos in any
way on this project, Auditor shall provide evidence of personal auto liability for each
such person.
Workers' Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, error or
omissions of the Auditor and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum of $25,000 self -
insured retention for liability not covered by primary but covered by umbrella. Coverage
shall be provided on a "pay on behalf' basis, with defense costs payable in addition to
policy limits. Policy shall contain a provision obligating insurer at the time insured's
liability is determined, not requiring actual payment by the insured first. There shall be
no cross liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Auditor, subcontractors, or others involved in the Work. The scope of coverage provided
is subject to approval by the City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Auditor. Auditor and
the City agree to the following with respect to insurance provided by Auditor:
1. Auditor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Auditor also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Auditor, or Auditor's employees, or agents, from waiving the right to
subrogation prior to a loss. Auditor agrees to waive subrogation rights against the
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Auditor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Auditor's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Auditor or
deducted from sums due Auditor, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Auditor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Auditor or any subcontractor, is intended to apply first
and on a primary, non - contributing basis in relation to any other insurance or self -
insurance available to the City.
10. Auditor agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Auditor, provide the
same minimum insurance required of Auditor. Auditor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Auditor
agrees that upon request, all agreements with subcontractors and others
engaged in the Work will be submitted to the City for review.
11. Auditor agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self- insure its obligations to the City. If Auditor's existing
coverage includes a deductible or self- insured retention, the deductible or self -
insured retention must be declared to the City. At that time, the City shall review
options with the Auditor, which may include reduction or elimination of the
deductible or self- insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Auditor ninety
(90) days advance written notice of such change. If such change results in
substantial additional cost to the Auditor, the City will negotiate additional
compensation proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Auditor acknowledges and agrees that any actual or alleged failure on the part of
the City to inform Auditor of non - compliance with an insurance requirement in no
way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15. Auditor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Auditor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. As coverage binder or letter
from Auditor's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Auditor under this Agreement. Auditor expressly agrees not to use
any statutory immunity defenses under such laws with respect to the City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all -
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
4 86
21. Auditor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the Work reserves the right to charge the City or Auditor
for the cost of additional insurance coverage required by this Agreement. Any
such provisions are to be deleted with reference to the City. It is not the intent of
the City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Auditor agrees to provide immediate notice to City of any claim or loss against
Auditor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
5 87
Exhibit C
CITY OF MOORPARK
SCHEDULE OF PROFESSIONAL AUDIT FEES
Service
2011/12
2012/13
2013/14
2014/15
2015/16
City Audit and Related
Partner
$
$
$
$
$
$
$
$
$
$
-Reports
Redevelopment Audit
Supervisor
$
$
$
$
and Related Reports
$
$
$
$
$
Single Audit and
Staff Accountant
$
$
$
$
Related Reports (if
$
$
$
$
$
applicable)
Subtotal
At the City's option:
City State Controller's
$
$
$
$
$
Report
Transit State
Controller's Report
$
$
$
$
$
Total for Fiscal Year
_
not -to- exceeds
$
$
$
$
$
STANDARD BILLING RATES
Auditors Standard Hourly Billing Rates
Position
2011/12
2012/13
2013/14
1 2014115
2015/16
Partner
$
$
$
$
$
Manager
$
$
$
$
$
Supervisor
$
$
$
$
$
Senior Accountant
$
$
$
$
$
Staff Accountant
$
$
$
$
$
Paraprofessional /Administrative
Assistant
$
$
$
$
$
aA