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HomeMy WebLinkAbout09969RESOLUTION NO. 9969 a RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO (CITY) AND MCHPERSON, BREYFOGLE, DAVELINE & GOODRICH, P.C., CERTIFIED PUBLIC ACCOUNTANTS (MBDG) TO ASSIST WITH THE GASB STATEMENT NUMBER 34 IMPLEMENTATION AND PREPARATION OF THE COMPREHENSIVE ANNUAL FINANCIAL STATEMENTS (CAFR) FOR 2003. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, a Municipal Corporation, and McPherson, Breyfogle, Daveline, & Goodrich, P.C., Certified Public Accountants for the rendering of professional accounting services to the City of Pueblo, dated October 14, 2003, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The president of the City Council is hereby authorized to execute same for and on behalf of the City and the City Clerk is authorized and directed to attest same and affix the Seal of the City thereto. INTRODUCED October 14, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk AG1ZEEMENT THIS AGREEMENT, made and entered into the 14th day of October, 2003 between the City of Pueblo, a Municipal Corporation, hereinafter called "City" and McPherson, Breyfogle, Daveline & Goodrich, P.C., hereinafter called "Accountants", WITNESSETH: WHEREAS, the City desires the services of Accountants for the rendering of certain professional accounting services, who are knowledgeable in governmental accounting, auditing, Section 20 of Article X of the Colorado Constitution ("TABOR"), federal grants, GASB Statement34, and single audit concepts and procedures as detailed in OMB's Circular A-133; and WHEREAS, the Accountants represent they are knowledgeable in such areas and qualified to render such accounting services. NOW, THEREFORE, the parties hereto agree as follows: The Accountants will assist with GASB Statement 34 implementation including, but not limited to preparation of management's discussion and analysis; preparation of financial statements, footnotes and supplementary information; fixed asset records and related depreciation, coordination of the chart of accounts with GASB Statement 34 software. These Services will result in the production of the comprehensive annual financial statement for 2003. o The Accountants shall submit all invoices for review directly to the Assistant City Manager for Fiscal Operations of the City for approval and payment. Invoices will specify the number of hours spent by the Accountants to the date of the billing and the total amount of dollar charges based upon the agreed rate per hour of $110 for upper level accounting personnel. The Accountants may render interim bills to the City until completion of the engagement with a final summary of all charges on the final bill. These bills will be promptly paid by the City. The above rate includes Accountants' overhead costs and profit, general administration costs, telephone, computer time, and other normal overhead costs and office expenses. Accountants agree that the maximum fee including all labor and out-of-pocket expenses shall not exceed an amount between $27,500 and $33,000. Should Accountants encounter a situation during the course of performing services under this Agreement that could not be anticipated at the time of this Agreement, and should such situation after discussion with City Staff, require o them to perform substantially more work to achieve the goals of this Agreement, the Accountants shall, at the earlier of the time of this discovery or prior to exceeding $27,500 of work, provide the City in writing an explanation of the problem encountered, recommendations as to procedures to be followed to complete services under this Agreement, and the estimated additional cost computed at the stated hourly rate. Hourly rate billing shall be paid only for hours reasonably and necessarily required for Accountants' performance under this Agreement with the assignment of only upper level Accounting personnel. This agreement shall be effective for the City's financial statements for fiscal year ending December 31, 2003. All financial obligations of the City under this Agreement for fiscal years subsequent to the current fiscal year are subject to funds being budgeted and appropriated specifically for such purpose. In the event the City does not budget and appropriate funds specifically for such purpose, Accountants' sole and only remedy is to terminate this Agreement. The Accountants, its officers, agents and employees, shall at all times be deemed independent contractors and not employees of the City, and Accountants shall be responsible for all their employees' withholding taxes, social security, unemployment, worker's compensation, or other taxes and shall hold the City harmless for all claims for the same. ATTEST: CITY OF PUEBLO President of the City Council APPROVED AS TO FORM: City Attorney ACCOUNTANTS: McPHERSON, BREYFOGLE, DAVEL1NE & GOODRICH, P.C. By