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HomeMy WebLinkAbout1986-05-20; City Council; 8629; 1985-86 annual audit agreementC3 u > 0 e e e .. z 0 6 a =i 0 z 3 0 0 B#&! ITG. 5/20/86 IEPT. bJ TITLE AUDIT AGREEMENT - 1985-86 ANNUAL AUDIT clTYAm!&& CITY MGR.~ 3ECOMMENDED ACTION: Adopt Resolution No.rS/authorizing the City to enter into an agreement with Deloitte Haskins & Sells for audit services related to the 1985-86 financial statements and single audit of federal programs. ITEM EXPLANATION: Each year the City conducts an independent audit of the annual financial statements prepared by the Finance Director. This audit provides the City Manager and Council with an independ- ent opinion on the fairness and completeness of the finance reports and helps to insure the fiscal integrity of the city. The city typically seeks proposals from CPA firms every three to five years for the conduct of these audits. The long-term arrangement allows the city and auditor to learn to work efficiently together and, by the end of the third year, pro- vides a more orderly routine audit of the city records. These agreements do not usually require council approval because the price of each engagement is usually below the $10,000 level. However, this year the federal government has mandated that any agency receiving more than $100,000 in financial assistance must prepare a "single audit" of all federal programs in addition to the usual city financial audit. This law provides for the review of each federal grant for both fiscal and procedural compliance with all federal regulations. Any deviation, no matter how small, must be reported to the federal government. The city has four programs which fall under the single audit guidelines: Housing Authority (HUD) Highway Bridge Repair and Replacement (Aqua Hedionda Bridge) Community Development Revenue Sharing Block grants (HUD) The single audit of these programs will cost an additional $20,000 for the 1985-86 report. Some of these costs can be charged against the grant programs; however, the Highway and Block grant projects do not allow for overhead charges of this type. These costs will be borne by the City. Staff is recommending that the City continue using the auditors of the past two years, Deloitte Haskins & Sells, for the performance of the City's annual audit and the single audit program. -2- Agenda Bill No.g&JT FISCAL IMPACT: The 1986-87 Budget includes funding for the regular audit, costing $9,750 and the single audit at $20,000. The audit work will begin in late May 1986, and will be completed in late September. All costs will be paid from the available funds, no additional transfers are necessary. EXHIBITS: 1. Resolution No..m/ Authorizing the City to enter into an agreement with Deloitte Haskins 6 Sells for audit services related to the 1985-86 financial statements and single audit of federal programs. 2. Agreement with Deloitte Haskins C Sells for audit services. .' 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8561 A RESOLUTION ON THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DELOITTE HASKINS & SELLS FOR AUDIT SERVICES RELATED TO THE 1985-86 FINANCIAL STATEMENTS AND SINGLE.AUDIT OF FEDERAL PROGRAMS WHEREAS, the City annually retains an independent CPA firm to perform a review and express an opinion on the annual financial statements of the City of Carlsbad, and WHEREAS, the City is also required by federal law to perform a single audit of all qualified federal programs as defined by the Single Audit Act of 1984, and WHEREAS, The City Council has determined that the firm of Deloitte Haskins & Sells, by virtue of its contact with city programs, through past audits and familiarity with the Single Audit Act, can perform these functions in a profes- sional manner. NOW, THEREFORE, BE IT RESOLVED by the City Council Of the City of Carlsbad, California, that the Mayor is authorized to execute the attached agreement with Deloitte Haskins c Sells for the conduct of an annual financial audit and single audit for the fiscal year ended June 30, 1986. xxx xxx xxx xxx xxx xxx xxx 8 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 20th day of M?Y , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST MARY H. EASLER, Mayor d ALETHA L. RAUTENKRANZ, City Clerk AGREEMENT FOR AUDIT SERVICES RELATED TO THE ANNUAL AUDIT OF THE CITY'S FINANCIAL REPORTS FOR THE YEAR ENDED JUNE 30, 1986 THIS AGREEMENT, made and entered into as of the day of ' 19-- , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and DELOITTE HASKINS & SELLS hereinafter referred to as "Auditor." RECITALS City requires the services of an independent certified public accountant to perform the annual audit of the City's financial statements for the one year period fran July 1, 1985 to June 30, 1986; and The Auditor possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Auditor agree as follows: (1) AUDITOR 'S OBLIGATIONS A. SCOPE AND DlRATiON 1. The Auditor shall conduct an examination of the financial statements, accounts, records and procedures of a1 1 fmds, agencies and/or subdivisions of the City of Carlsbad covering operations of the City during the period July 1, 1985 to June 30, 1986. 2. The engagement shal 1 include an audit of all federal program grant flnds as required under the Single Audit Act of 1984. 3. control and of canpliance with budgetary and legal requirements by the City. The engagement shall include a review of the system of internal 5- B. AUDIT STANDARDS 1. The Auditor shall conduct the examination in accordance with general ly accepted auditing standards and procedures applicable to govermental units, as prescribed in the following documents: a. AICPA, Statements of Auditing Standards and Audits of State and Local Government a1 Units. b. General Accounting Office, Standards of Audit Govermental Organizations, Programs, Activities, and Functions. c. Should the Auditor encounter circumstances requiring an increase Statements of the Governnental Accounting Standards Board. 2. in the scope of the audit, or in the extent of detailed investigation, written notice to that effect will be given to the Finance Director, and this agrement will be modified by mutual agrement as to additional work and canpensation. Such modifications must be in writing and approved by the Finance Director and/or City Manager. C. REPORTS AND OTHER COMMUNICATIONS 1. in internal accounting controls. 2. The Auditor shall submit a management letter on observed management weaknesses. 3. The Auditor shall submit a written report containing an expression of opinion that the financial statements are fairly stated, or, if a qualified or adverse opinion or disclaimer of opinion is necessary, the reasons therefor. 4. The Auditor shall submit a written report affirming that the City is in canpliance with applicable legal provisions referred to in Section A-3 above or as required by the Single Audit Act of 1984. The Auditor shall submit a written report on observed weaknesses If G -.- the City was not in canpliance with specific legal provisions, the Auditor shall so state in his written report. 5. The Auditor shall assist the City in preparing final financial statements in cunpliance with the standards set by Governmental Accounting, Auditing and Financial Reporting (GAAFR). 6. copy of the canbined financial statements, notes to the financial statements and the supplemental data section of the annual financial report as defined in GAAFR. The Auditor shall provide one original of the auditor's opinion on the canbined financial statements. The Auditor shall provide 15 copies of the letters and reports as described in Sections l.C(l), l.C(2), l.C(4) and l.C(7). 7. The Auditor shall prepare separate financi a1 statements for the Ci ty Water Enterprise and Redevelopment Agency cmpl ete wi th separate opinions. 8. for their acceptance by federal grantor agencies. The Auditor shall make available working papers upon request, in accordance with federal and state grant provisions. 9. after the submission of his written reports. - The Auditor shall prepare and submit to the City one final typed The Auditor shall revise his written reports as may be required The Auditor shall attend up to two (2) public meetings to be held (2) CITY OBLIGATIONS A. The City shall have adjusted or closed all accounts and shall have them available for examination by August 15, 1986. 6. City staff shall render all feasible assistance to the Auditor, and shall respond prunptly to requests for information, provide a1 1 necessary 7 books and records, and provide physical facilities required by the Auditor for the expeditious conduct of the engagement. C. The City shall prepare all introductory and statistical sections to be included in the annual financial report, and shall submit all sections to the Auditor for review prior to October 15, 1986. (3) PROGRESS AND COMPLETION The work under this contract will begin upon execution of this agrement and shall be canleted by October 31, 1986. Extensions of time may be granted by the Finance Director if requested by the Auditor and agreed to in writing by the Finance Director. (4) FEES TO BE PAID TO AUDITOR The City shall pay the Auditor a total fixed fee services rendered under this agrement. The City shal for additional work agreed upon in writing and approve1 allowed under Section 1.B.2 of this agrement. (5) PAYMENT OF FEES of $ 29.75 0.QOfor canpensate the auditor by both parties as Periodic progress billings may be submitted for services rendered to date, but not more often than monthly. due after the submission of all reports required by Section C and their acceptance by the City and federal grantor agencies. The final payment for any audit shall becme Invoices should be mailed to the attention of Finance Director, City of Car Carl sbad, CA 92008-1989. The City shall retain 10% of the total fees been received and accepted by the City or grantor (6) PAYMENT OF FEES OR COMMISSIONS sbad, 1200 Elm Avenue, paid until all reports have agenci es . The Auditor warrants that their firm has not employed or retained any canpany or person, other than a bona fide employee working for the Auditor, to solicit or secure this agrement, and that Auditor has not paid or agreed to pay any canpany or person, other than a bona fide employee, any fee, canmission, percent age, brokerage fee, gift, or any other cons iderat ion cont ingent up0 n, or resulting fran, the award or making this agrement. For brezch or violation of this warranty, the City shall have the right to annul this agrement without liability, or, in its discretion, to deduct fran the agrement price or consideration, or otherwise recover, the full amount of such fee, canmission, percent age, brokerage fee, gift or contingent fee. (7) NONDISCRIMINATION CLAUSE The Consultant shall canply with applicable State and Federal laws regard i ng nodi sc rimi nation. (8) TERMINATION OF CONTRACT In the event of the Auditor's failure to in this agreement, the City may terminate this notifying the Auditor by certified mail of the perform the work as provided for agrement for nonperformance by termination of the agrement. The Auditor, thereupon, has five working days to deliver all documents owned by the City and copies of all work in progress to the Finance Director. Finance Director shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Auditor has performed which is usable and of worth to the City in having the audit canpleted. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the agrement. Final payment shall be in cunpliance with the Code of Federal Regulations. (9) DISPUTES The If a dispute should arise regarding the performance of work under this agrement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agrement between parties. Such questions, if they becane identified as a part of a dispute among persons 9 operating under the provisions of this agrement, shall be reduced to wr'iting by the principal of the Auditor or the Finance Director. A copy of such documented dispute shall be forwarded to both parties involved along with recanmended methods of resolution which would be of benefit to both parties. Director or principal receiving the letter shall reply to the letter along with a recanmended method of resolution within ten calendar days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking renedies available to them at law. (10) The Finance In such cases, the action of the City Council SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering 30 days written notice to the other party. termination, upon request of the City, the Auditor shall assemble the work product and put same in order for proper filing and closing and deliver one copy of said product to City. ' In the event of termination, the Auditor shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks canpleted and the canpensation to be made. i s to be made in canpl i ance with the Code of Federal Regulations. (11) STATUS OF THE AUDITOR In the event of such suspension or Compensation The Auditor shall perform the services provided for herein in Auditor's own way as an independent certified public accountant and not as an employee of the City. completion date of work and the personnel assigned. The Auditor shall be under control of the City only as to the (12) HOLD HARMLESS AGREEMENT The City, its agents, off cers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting fran, or claimed to have been caused by, or resulting fran, any act or omission of Auditor or Auditor's agents, employees or representatives. Auditor agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities. ( 13) ASSIGNMENT OF CONTRACT The Auditor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. (14) SUBCONTRACTING The Auditor shall not subcontract any of the work to be performed under this contract by the Auditor unless approved by the City in writing. Auditor shall be fully responsible to the City for the acts and omissions of Auditor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as the Auditor is for the acts and missions of persons directly employed by Auditor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of the Auditor and the City. The Auditor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Auditor's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. The It (15) PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the C ty to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, -or approving of any agreement, shall becune directly or indirectly interested personally in this agreement or in any part thereof. officer, employee, or attorney, of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other. similar fmctions in connection with the performance of this agrement shall becane directly or indirectly interested personally in this qrement or any part thereof. (16) VERBAL AGREEMENT OR CONVERSATION No No verbal agrement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this agrement, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Auditor to any additional payment whatsoever under the terms of this agrement. (17) SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph (12), Hold Harmless Agrement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and ezzh of their respective heirs, executors, administrators, successors and assigns. (18) EFFECTIVE DATE This agrement shall be effective on and frun the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD By Title MARY H. CASLER, Mayor ATTEST: APPROVED AS TO FORM: city Clerk -