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HomeMy Public PortalAbout10) 7D Fourth Amendment to Agreement with Vavrinek, Trine, Day and CompanyAGENDA ITEM 7.0 . ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE: February 5, 2019 TO: The Honorable City Council FROM: Bryan Cook, City Manager By : Susan Paragas, Administrative Services Director SUBJECT: APPROVAL OF A FOURTH AMENDMENT TO THE AGREEMENT WITH VAVRINEK, TRINE, DAY & COMPANY, LLP FOR PROFESSIONAL AUDIT SERVICES RECOMMENDATION: The City Council is requested to authorize the City Manager to enter into a fourth amendment to the agreement for professional audit services with Vavrinek, Trine, Day & Company , LLP (VTD) for Fiscal Year (FY) 2018-2019,(Attachment "A"). BACKGROUND: 1. On January 6 , 2016 , the City requested proposals from qualified Certified Public Accounting (CPA) firms for a three-year contract to audit its financial statements beginning with the fiscal year ending June 30, 2016, with the option to renew the contract for an additional two fiscal years, for a total of 5 years (see Attachment "B"). 2 . On April 5, 2016, the City Council authorized the City Manager to enter into an agreement for professional audit services ("Agreement") with VTD for FY 2015-16 . 3 . On April 4, 2017, the City Council authorized the City Manager to enter into a first amendment to the Agreement for professional audit services with VTD for FY 2016- 17. 4. On April 17, 2018, the City Council authorized the City Manager to enter into a second amendment to the Agreement for professional audit services with VTD for FY 2017-18. 5 . On January 2, 2019 , the City Council authorized the City Manager to enter into a third amendment to the Agreement for professional audit services with VTD for the FY 2017-18 GASB 75 accounting entries and related note disclosures . City Council February 5, 2019 Page 2 of2 ANALYSIS: Government Code section 53891 requires the financial transactions of each local agency to be submitted to the State Controller's Office ("SCO"). The State Controller's Office Cities Financial Transactions Report ("CFTR") must contain underlying data from audited financial statements prepared in accordance with generally accepted accounting principles. VTD prepared the FY 2016-2017 CFTR for the City last year and submitted it to the SCO. It is being requested that Council approve the fourth amendment to the Agreement for VTD ("Fourth Agreement") to perform the same work for the FY 2017- 2018 CFTR. It is anticipated that the City's Administrative Services Department will be preparing the required report commencing with the FY ending on June 30, 2019. The cost for this additional service from VTD is $3,700 (see Attachment "B") and will not require additional appropriation as funding is available in the Financial Services Division. The total revised VTD FY 2018-19 agreement amount, for the audit of the year ended June 30, 2018, shall not exceed $60,790. It is requested that the City Council authorize the. City Manager to enter into the Fourth Amendment with VTD for FY 2018-2019 for the FY 2017-2018 SCO CFTR. CITY STRATEGIC GOALS: Actions contained in this report align with the City's strategic goal of good governance. FISCAL IMPACT: There is no fiscal impact for FY 2018-2019 as the additional cost of $3,700 is available in account #01-920-48-4233. The total FY 2018-19 costs, with the Fourth Amendment, shall not exceed $60,790. ATTACHMENT(S): A. Fourth Amendment to Agreement with VTD B. SCO CFTR Engagement Letter ATTACHMENT A FOURTH AMENDMENT TO AGREEMENT FOR SERVICES RIV #4838-6958-3880 v3 DRAFT 1/27/15 by and between the CITY OF TEMPLE CITY and VAVRINEK, TRINE, DAY & COMPANY, LLP Dated February 5, 2019 ATTACHMENT A FOURTH AMENDMENT TO AGREEMENT FOR SERVICES This Fourth Amendment to the Agreement for Services ("Fomih Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and Vavrinek, Trine, Day & Company, LLP ("Service Provider"), as follows: RECITALS A. On January 6, 2016, the City requested proposals from qualified Certified Public Accounting (CPA) firms for a three-year contract to audit its financial statements beginning with the fiscal year ending June 30, 2016, with the option to renew the contract for an additional two fiscal years, for a total of 5 years. B. On April 5, 2016, the City Council authorized the City Manager to enter into an agreement ("Agreement") for professional audit services with VTD for Fiscal Year ("FY") 2015-16. C. On April 4, 2017, the City Council authorized the City Manager to enter into a first amendment to the Agreement for professional audit services with VTD for the FY 2016- 17. D. On April 17, 2018, the City Council authorized the City Manager to enter into a second amendment to the Agreement for professional audit services with VTD for the FY 2017- 18. E. On January 2, 2019, the City Council authorized the City Manager to enter into a third amendment to the Agreement for professional audit services with VTD to include the preparation of the required GASB 75, Accounting and Financial Reporting for Postemployment Benefits other than Pensions, accounting entries and disclosures for the FY ended June 30,2018. F. On February 4, 2019, the City Council authorized the City Manager to enter into a fomih amendment to the Agreement for professional audit services ("Fourth Amendment") with VTD to include the preparation and submission of the State Controller's Office Cities Financial Transactions Report for FY 2017-2018. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment, which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: RIV #4838-6958-3880 v3 DRAFT 1/27/15 ATTACHMENT A SECTION 2. SCOPE OF SERVICES: In addition to the scope of services provided in the Agreement and subsequent amendments, Service Provider is to perform services in the preparation and submission of the State Controller's Office Cities Financial Transactions Report for FY 2017-2018. SECTION 4. COMPENSATION AND METHOD OF PAYMENT: Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider an additional fee of$3,700 (see Attachment B) for a total compensation of$60,790 for the professional audit services ofFY ended June 30,2018. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except specifically modified and amended in this Fourth Amendment and previous amendments, First, Second and Third, the Agreement remains in full force and effect and binding upon the patties. 2.2 Integration. This Fourth Amendment consists of pages I to page 6 inclusive, which constitute the entire understanding and agreement of the patties and supersedes all negotiations or previous agreements between the parties with respect to all or any patt of the transaction discussed in this Fourth Amendment. 2.3 Effective Date. This Fourth Amendment is effective on the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Service Provider. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. 2.5 References, All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Agreement. IN WITNESS WHEREOF, the patties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. CITY: RIV #4838-6958-3880 v3 DRAFT l/27/15 THE CITY OF TEMPLE CITY By: __________________________ _ Bryan Cook, City Manager ATTACHMENT A ATTEST: Peggy Kuo, City Clerk APPROVED AS TO FORM Eric S Vail, City Attorney SERVICE PROVIDER: Vavrinek, Trine, Day & Company, LLP By:----------- Name: _________ _ Title: _________ _ By: __________ _ Name: _________ _ Title: _________ _ NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORI'ORA TION, OR OTHER RULES OR REGULATIONS Al'PLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. RIV #4838-6958-3880 v3 DRAFT 1/27/15 ATTACHMENT A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On -----,..,;;r.;-----'--"2"'0_, before me, --,"""""'""""",.,.,,..,..,..,='70":,...-=,.,.,.,""=""'=="'--a e Name And lrtle Of Offrcer (e.g. "Jane Doe, Notary Public') personally appeared------------------------------ Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: Individual Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) RIV #4838-6958-3880 v3 DRAFT 1/27115 Date Of Document Signer(s) Other Than Named Above RIV #4838-6958-3880 v3 DRAFT 1127/15 INTENTIONALLY LEFT BLANK ATTACHMENT A lfAVR!NEK, TRINE, DAY /i; CO.,LLI> Certified Public Accountants Julia James City of Temple City 970 I Las Tunas Drive Temple City, CA 91780 ATTACHMENT B VALUE THE~~ You have requested that we prepare the Cities Financial Transactions Repm1 (CFTR) that includes year-end balance sheets and related schedules of revenues, expenditures, and other related information in the form prescribed by the California State Controller for the fiscal year ended June 30, 2018. As a result of the filing instructions required by the California State Controller the CFTR will not include related notes to the CFTR. Our Responsibilities The objective of our engagement is to prepare the CFTR in accordance with the form prescribed by the California State Controller based on information provided by you. We will conduct our engagement in accordance with Statements on Standards for Accounting and Review Services (SSARS) promulgated by the Accounting and Review Services Committee of the AI CPA and comply with the AI CPA's Code of Professional Conduct, including the ethical principles of integrity, objectivity, professional competence, and due care. We are not required to, and will not, verify the accuracy or completeness of the information you will provide to us for the engagement or otherwise gather evidence for the purpose of expressing an opinion or a conclusion. Accordingly, we will not express an opinion, a conclusion, nor provide any assurance on the CFTR. Our engagement cannot be relied upon to identifY or disclose any financial statement misstatements, including those caused by fraud or error, or to identify or disclose any wrongdoing within the entity or noncompliance with laws and regulations. Management Responsibilities The engagement to be performed is conducted on the basis that management acknowledges and understands that our role is the preparation of the CFTR in accordance with the form prescribed by the California State Controller. Management has the following overall responsibilities that are fundamental to our unde11aking the engagement to prepare your CFTR in accordance with SSARS: I) The selection of the prescribed form by the California State Controller as the financial reporting framework to be applied in the preparation of the CFTR. 2) The design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the CFTR that are free from material misstatement, whether due to fraud or error. 3) The prevention and detection of fraud. 4) To ensure the City complies with the laws and regulations applicable to its activities. 5) The accuracy and completeness of the records, documents, explanations, and other information, including significant judgments, you provide to us for the engagement to prepare the CFTR. 2151 River Plaza Dr .. Suite 308, Sacramento. CA 95833 P 916.570.1880 F 916.570.1875 W vtdcpa.com City of Temple City 2018 Cities Financial Transactions Report January 2, 2019 Page 2 of2 6) To provide us with- • Documentation, and other related information that is relevant to the preparation and presentation of the CFTR, • Additional information that may be requested for the purpose of the preparation of the CFTR, and • Unrestricted access to persons within the City with whom we determine it necessary to communicate. As part of our engagement, we will issue a disclaimer that will state that the CFTR was not subjected to an audit, review, or compilation engagement by us, and we do not express an opinion, a conclusion, nor provide any assurance on it. Other Relevant Information We estimate that our fees for these services will be $3,700. The fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the work performed. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. It is our policy to keep records related to this engagement for 7 years. However, Vavrinek, Trine, Day & CO., LLP does not keep any original client records, so we will return those to you at the completion of the services rendered under this engagement. When records are returned to you, it is your responsibility to retain and protect your records for possible future use, including potential examination by any government or regulatory agencies. By your signature below, you acknowledge and agree that upon the expiration of the 7 year period, Vavrinek, Trine, Day & CO., LLP shall be free to destroy our records related to this engagement. We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ;/::.,~ Vavrinek, Trine, Day & Co., LLP JA:Ikm 190066 RESPONSE: This letter correctly sets forth the understanding of the City of Temple City. By:------------------------------- Title:------------------------ Date:-----------------