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HomeMy WebLinkAboutCC Resolution 7926 (Audit Services)RESOLUTION NO. 7926 A RESOLUTION AUTHORIZING THE SIGNING OF A PROPOSAL WITH DELOITTE HASKINS & SELLS THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with Deloitte Haskins & Sells for Audit Services for one year - 1988/89 (Subject to Approval by the City Attorney) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY the 20th day of MARCH , 1989 , by the following vote, to wit: AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None > . _ JEANIX X.,` LEONCINI City Clerk . � -7 PROFESSIONAL SERVICES AGREEMENT This Agreement is made in San Rafael, California as of April 1, 1989 by and between the City of San Rafael (hereafter referred to as "City") and Deloitte Iiaskins & Sells (i,eieafter referred to as "Contractor"), who agree as follows: 1. Scope of Work The Contractor will conduct an audit of the books of accounts, records, and transactions of the City of San Rafael as of June 30, 1989 in accordance with generally accepted auditing standards, which will include a review of the system of internal control and tests of transactions to the extent necessary for this review. The object of the audit is expression of an opinion of the City's financial statements. The City has the responsibility for the proper recording of transactions in the books of account, for safekeeping of assets, and for the substantial accuracy of the financial statements. The City will provide assistance by City personnel, including the preparation of schedules and analysis of accounts. 2. Compensation City agrees to pay Contractor the amounts described in Exhibit A, a copy of which is attached and incorporated herein by reference. 3. Term The effective date of this Agreement is May 1, 1989 through June 30, 1990 unless terminated sooner as provided herein. 4. Termination This Contract may be terminated by the City at its sole discretion upon five days' advance written notice, thereof, to the Contractor or cancelled immediately by written mutual consent. 5. General Provisions (a) Independent Contractor At all times during the term of this Contract, Deloitte Haskins & Sells shall be an Independent Contractor and shall not be an employee of the City of San Rafael. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplished services rendered pursuant to this Agreement. 7��� COPY (b) Insurance (1) Public Liability During the term of this Agreement, Contractor shall maintain in full force and effect a policy of public liability insurance with minimum coverage as follows: $1,000,000 for injury to one person in any one occurrence; $1,000,000 aggregate; and, $50,000 for property damage. Contractor shall cause the City, its officials, and employees to be named on all liability policies described above as insured as respects: (1) activities performed for the City by or on behalf of the named insured; (2) products and completed ooerations of the Named Insured; and (3) premises owned, leased or used by the Named Insured. (2) Workers' Compensation During the term of this Agreement, Contractor shall fully comply with the terms of the law of California concerning workers' compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Contractor may have for worker's compensation. Such policy shall include a waiver of subrogation endorsement in favor of the City. (c) Contractor Not Agent Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. (d) Assignment Prohibited No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt of purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. (e) Indemnity and Hold Harmless Contractor agrees to hold harmless, indemnify, including attorneys fees, and defend City, its officers, agents, and employees from any and all claims, loss, intentional acts, or omissions arising from Contractor's work performed under this Agreement. City agrees to hold harmless, idemnify, including attorneys fees, and defend Contractor, its officers, agents, and employees from any and all claims, loss liability, and damaqes arising from its negligent or intentional acts or omissions arising from City's activities related to this Agreement. -2- (f) Equal Employment Opportunity. During the performance of this Agreement, Contractor, for itself, its assignees and successors in interest, agree as follows: (1) Compliance with Regulations: Contractor shall comply with the Executive Order 11246 entitled "Equal Employment Opportunity,: as labor regulations (41 C.F.R. Part 60), hereinafter referred to as the "Regulations." (2) Nondiscrimination: Contractor, with regard to the work performed by it after award and prior to completion of the grounds of race, color, religion, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. (g) Notices: All notices herein provided or required to be given, or which may be given, in connection herewith by either party to the other shall be in writing and be served by personal delivery or by mail, and shall be deemed to have been given when deposited in the United States mail, postage prepaid, and addressed as follows: To City: City of San Rafael C/O Finance Director 1400 Fifth Avenue P.O. Box 60 San Rafael, CA 94915-0060 To Contractor: Deloitte Haskins & Sells 300 Lakeside Drive Oakland, CA 94612 or to such address as may from time to time be designated by either party in the manner herein provided for the giving of notices. (h) Ownership of Documents: All statements, documents or other materials produced by Contractor for City pursuant to this Agreement shall conform to standards set b City►°l and shall_ be the exclusive prope y of City. -� 1�'c' eu-xr�+.� ! -'P4 .� ece /� �Ea�,K.e Q -xGc ( C/wa -u (i) Whole Ag�eement: This Agreement and all exhibits shall constitute the entire Agreement of the parties. No modification or amendment of this Agreement shall be valid unless it is in writing and executed by both parties. MIM (j) Arbitration: Contractor and City agree to submit any claims arising under this Agreement, or any disputes concerning the terms and provisions of this Agreement, to binding arbitration according to the rules of the American Arbitration Association. The arbitrator is empowered to award attorney fees to the prevailing party. Executed as of the day and year first above stated. ATTEST: T C ER %CLK Jeanne M. Leoncini APPROVED AS TO FORM: CI ATTORNEY - Gary T. Ragghianti CITY OF SAN RAFAEL A Municipal Corporation B y -►e+-- awrence E. Mulr�an Title: Mayor Date: March 20, 1989 DELOITTE HASKINS & SELLS __r� -7// -416� Title: P.J. _ Date: O �-3 _ 11S') MW Deloilte Haskins+Suds EXHIBIT A Mr. Ransom Coleman Finance Director - Treasurer City of San Rafael 1400 5th Avenue, Room 204 San Rafael, California 94901 Dear Randy, 300 Lakeside Drive, Suite 2700 Oakland, California 94612-3688 (415) 273-2300 Telex: 176470 ITT Telex: 4995708 March 13, 1989 It is with pleasure that we propose our fees for the audit of the financial statements of the City of San Rafael for the fiscal year ended June 30, 1989. Below I have listed the various reports that we issue on behalf of the City, the fees for last year and the proposed fees for the current year. Actual Proposed FY 87-88 FY 88-89 General purpose - financial statements $22,175 $23,500 Package savings (a) (2,000) (2,100) Net - general audit 20,175 21,400 Redevelopment Agency 5,400 5,750 Single audit 3,300 3,500 Child Development Grant 3,150 3,300 Office of Criminal Justice Planning Grant 825 900 Transportation Development Act 500 550 $33,350 $35,400 (a) Represents the reduced cost of performing all audits concurrently (certain audit procedures would be repeated if eacl, audit- w=,=e performed independent of other audits). Since the single audit, component unit, and fund financial statement audits require a focusing of audit scope (as compared to the general audit), we have allocated this savings to the general audit. At your request, such allocations could be made to the other audits. Should any of the other audits no longer be performed as part of this package, such an allocation rvruld deed to be made to arrive at an adjusted cost for the general audit. Mr. Ransom Coleman March 13, 1989 2 These fees represent an increase of 6% over the previous year. It is possible that two of these reports may not be required as the City may receive $100,000 federal financial assistance and may not receive any Transportation Development Act funds. Our fees would be reduced accordingly. As you know, our audits for the past three years have taken more time than we anticipated when we proposed to do the work in 1936. We estimated that we would wake approximately $40 per hour but have only realized $21, $22 and $29 in each of the last three years. To achieve a $40 per hour rate, based on last year's 1150 total hours, we would need a fee of $46,000. However, because of our desire to continue to serve the City of San Rafael we are proposing a modest 6% increase in fees. In order to increase our fees per hour toward the market rate for governmental entities of $37 to $40 per hour, we will need assistance from the City's accounting staff to reduce our work in the areas of fund balance and trustee accounts. In the 1988 audit we spent 45 hours and 60 hours in these two areas respectively. Our proposed fee for 1989 assumes that beginning fund balances and trustee accounts will be reconciled by your staff. If you wish us to reconcile these areas for you, we will bill you for accounting services at the rate of $40 per hour. To provide continuity in our service to the City we plan to have Lisa Pantages return as our senior accountant responsible for overseeing the day-to-day work of our staff accountants. In order to provide timely information to the City Council and senior City Management we will issue the Child Development Grant report by October 31, 1989 and the other reports required by the City by November 15, 1989. If there is any further information you require, please let me know. Best regards, William P. O'Neill