HomeMy WebLinkAbout09970RESOLUTION NO. 9970
a RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO (CITY) AND
MCPHERSON, BREYFOGLE, DAVELINE & GOODRICH, P.C., CERTIFIED PUBLIC
ACCOUNTANTS (MBDG) FOR AUDITING AND RELATED SERVICES FOR FISCAL YEARS
2003 THROUGH 2007
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
AGREEMENT
THIS AGREEMENT, made and entered into this 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 and auditing services, who are knowledgeable in governmental accounting,
auditing, Section 20 of Article X of the Colorado Constitution ("TABOR") federal grants and single
audit concept 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 and auditing services.
NOW, THEREFORE, the parties hereto agree as follows:
1. The Accountants will make an audit of the balance sheets, revenues, expenditures and
budget comparison statements and related income and surplus statements of the funds of the City,
including trust and agency, special revenue, debt service funds, and all other funds of the City and
such other records as Accountants deem necessary for the fiscal years ending December 31, 2003
through December 31, 2007.
2. Interim work on the audit for each fiscal year shall commence as soon as practical and
all field work required under this Agreement shall be completed by March 31 of the next fiscal year.
Reports as set forth herein shall be completed and delivered by April 30 of the next fiscal year
unless an extension of time has been approved by the City.
3. The audit will be made in accordance with generally accepted auditing standards and
government auditing standards and practices and in accordance with the requirements of the Single
Audit Act Amendments of 1996 and implementing regulations and, accordingly, will include such
tests of the accounting records, internal control systems and such other auditing procedures as
Accountants shall deem necessary and appropriate for the purpose of expressing an opinion on the
statements presented in the required report. The Accountants do not, however, guarantee that such
test examinations will disclose shortages or other irregularities, should any exist.
4. The Accountants shall render the following reports:
a. An audit report containing financial statements for all funds in a form agreed
to between Accountants and City, including Accountants' opinion thereon. Such audit report and
statements should conform insofar as possible to current formats promulgated by the Governmental
Accounting Standards Board, Government Finance Officers' Association, and the requirements of the
Single Audit Act Amendments of 1996 and implementing regulations, including but not limited to
OMB Circular A-133. Significant deficiencies in internal control or unusual financial transactions
shall be reported as soon as possible after such matters have been observed by Accountants.
b. A comprehensive letter of comments or suggestions to the City after review
with appropriate officials of the City, which shall include, but not be limited to, the following
matters:
(1) A statement that in the tests made there was (or was not) noted any
evidence of fraud or dishonesty.
(2) Actions taken by the City on recommendations and findings included
in prior audit reports.
(3) The City's compliance with applicable laws and regulations, including
whether City expended federal funds in accordance with applicable law, insofar as this can
be determined without legal opinion.
(4) Any serious inadequacies in financial controls and procedures,
together with Accountants' recommendations.
(5) Any inadequate record or records which do not comply with statutory
or other requirements.
(6) Any duplication and inefficiencies in account record keeping
procedures and internal control practices.
(7) Such other matters as shall be mutually agreed to by Accountants and
the City.
5. The Accountants agree to:
a. Type and reproduce the audit report with financial statements, statistical data
and the suggestions letter and deliver twenty-five (25) copies thereof to the Assistant City Manager
Fiscal Operations upon completion of the audit report.
b. Type and reproduce a financial report complying with requirements of Single
Audit Act Amendments of 1996 and implementing regulations and forward 18 copies thereof to the
agencies designated by the Assistant City Manager Fiscal Operations.
c. Keep documents and other records of the City being audited in an orderly
manner for a period of five years, in the event reference must be made by City personnel while the
documents are under control of Accountants.
d. Review adjusting journal entries and comments with appropriate City
personnel before completion of field work.
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e. The Accountants shall also be available for consultation up to ten hours per
month each fiscal year at no additional charge to the City.
6. Procedures for billings and payments shall be as follows:
a. The Accountants shall submit all invoices for review directly to the Assistant
City Manager Fiscal Operations of the City for approval and payment. Invoices will specify the
number of hours spent by Accountants to the date of billing and the total amount of dollar charges
based upon agreed rates per hour as set forth herein. Billing for reasonable out-of-pocket expenses
(other than those included in the hourly billing rates) actually incurred by Accountants, if any, will be
separately billed on invoices submitted.
b. The Accountants may render interim bills to the City until completion of the
engagement. The interim bills will be promptly paid by the City.
c. Upon completion of the engagement, Accountants will itemize their charges
showing total hours, dollar rate and dollar charges, out-of-pocket expenses and render a final billing
accordingly. Compensation for Accountants shall be computed at a per hour rate as follows:
TITLE RATE PER HOUR
Principal $114.00
Supervisor $88.00
Senior $66.00
Junior $43.00
Clerical $33.00
The above rates include Accountants' overhead costs and profit, general administrative 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 the amounts
as follows for each fiscal year subject to the provisions of paragraph 7 hereof.
YEAR RATE PER YEAR
2003 $75,000
2004 $88,000
2005 $88,000
2006 $88,000
2007 $88,000
d. Subject to the limitations set forth above, hourly rate billing shall be paid only
for hours reasonably and necessarily required for Accountants' performance under this Agreement
with reasonable and efficient assignment of Accountant's personnel.
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7. Contingent billing arrangements.
a. 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, in their opinion, require them to make a substantially more detailed audit than they
had originally anticipated in order to satisfy themselves as to the reasonableness of the financial
statements and, therefore, increase the cost of performing services under this Agreement over and
above the amount stated in paragraph 6(c) above, Accountants, prior to commencing such additional
work, agree to submit to 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 hourly rate stated in the preceding paragraph.
b. The Maximum fee includes preparation of the vast majority of the City's
comprehensive annual financial report as has been the case for several years. If, however, the City
elects to prepare the comprehensive annual financial report using City personnel with MBDG
services being limited to review in conjunction with our audit, the maximum fee quotation will be
reduced as negotiated anywhere from 10% - 20%.
8. Any additional reports not included within the purview of the other provisions of this
Agreement required with respect to City's compliance with Tabor and prepared by Accountants at the
specific request of the Assistant City Manager Fiscal Operations shall be billed at the hourly rate set
forth in paragraph 6.c. Separate time records shall be maintained for such services.
9. This Agreement shall be effective for the audits of the City financial statements for
fiscal years ending December 31, 2003 through December 31,2007.
10. Either party may terminate this Agreement, at any time and for any reason, with
respect to the audit of any or all fiscal years subsequent to fiscal year 2003 by giving to the other
party written notice of such termination on or before September 30 of such fiscal year or years.
11. 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 City does not budget and appropriate funds specifically for such purpose,
Accountants' sole and only remedy is to terminate this Agreement.
12. 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, workmen's compensation, or
other taxes and shall hold the City harmless for all claims for the same.
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ATTESTv
APPROVED AS T-O FORM:
CITY OF PU.,F~,///~
President of the City Council
ACCOUNTANTS:
McPHERSON, BREYFOGLE,
DAVELIN 11 & GOODRICH, P.C.
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