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Home My Public Portal AboutORD14695 BILL NO. 2010-37 SPONSORED BY COUNCILMAN Koon ORDINANCE NO. / *&- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EVERS&COMPANY CPAs, LLC FOR AUDIT SERVICES. WHEREAS, Evers & Company, CPAs, LLC has become the apparent lowest and best offer for Audit Services; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The offer of Evers & Company, CPAs, LLC is declared to be the lowest and best offer and is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with Evers & Company, CPAs, LLC for Audit Services. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ,-L-h . � Approve --Z�: —2 oho Pre ding Officer % Mayor ATTEST: APPROVED AS TO FORM: City Clerk Cityto,unselor FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: P2493 - Audit Services Finance Department, Opened May 14, 2010 PROPOSALS RECEIVED: Year One Year 2 Year 3 TOTAL Evers&Company,Jefferson City,MO 36,000.00 37,000.00 38,000.00 $111,000.00 Larson Allen, LLP, St. Louis, MO 41,000.00 35,000.00 36,000.00 $112,000.00 Williams Keepers, LLC,Jefferson City, MO 37,500.00 39,500.00 41,500.00 $118,500.00 Berberich Trahan &Co., Topeka, KS 48,000.00 49,920.00 51,900.00 $149,820.00 The RFP was sent to eleven firms,advertised in the News Tribune and posted on the City web site. FISCAL NOTE: Funds will be requested in the 2010-2011 budget in various accounts to pay for these costs. PAST PERFORMANCE: Evers & Company, CPAs. LLC has provided services to the City for a number of years. RECOMMENDATION: Staff recommends award of the contract to Evers & Company, CPAs, LLC of Jefferson City, Missouri for the audit of the City of Jefferson accounts in the amount of$36,000.00 for year one of the request. The agreement may be renewed for up to two additional one year,periods at the prices submitted for years two and three if the City chooses to renew. ATTACHMENTS - SUPPORTING DOCUMENTATION Signatur' r g i-'J C't P rchasi g nt Finance Director City of Jefferson, Missouri Tabulation of Bids Proposal Number 2493 Subject: Auditing Services Department: Finance Evers & Co. LarsonAllen LLP Williams Keepers LLC Berberich Trahan & Co. Date: May 14, 2010 Jefferson City MO St. Louis MO Jefferson City MO Topeka KS PAGE. 1 ITEM Unit Price Total Price Unit Total Price Unit Price Total Price Unit Price Total Price City of Jefferson Year 2009 -2010 $36,000.00 $41,000.00 $37,500.00 $48,000.00 Year 2010-2011 $37,000.00 $35,000.00 $39,500.00 $49,920.00 IL Year 2011 -2012 $38,000.00 $36,000.00 $41,500.00 $51,900.00 Rotal cost all three years $111,000.00 $112,000.00 $118,500.00 $149,820.00 Fireman's Retirement Year 2009 -2010 $3,200.00 $3,000.00 $4,200.00 $5,000.00 Year 2010 -2011 $3,300.00 $3,000.00 $4,300.00 $5,200.00 Year 2011 -2012 $3,400.00 $3,000.00 $4,400,00 $5,400.00 Total cost all three years $9,900.00 $9,000.00 $12,900.00 $15,600.00 Represent a disadvantaged bs. no no no no Pi1v ,f_lwfFarcnn MiS-.ouri Tabulation of Bids Proposal Number 2493 Subject: Auditing Services Department: Finance G K & C Ernst& Young Cochran Head Vick & Co. Date: May 14, 2010 Jefferson City MO St. Louis MO Kansas City MO PAGE 2 ITEM Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price City of Jefferson Year 2009-2010 no bid no bid no bid Year 2010 -2011 Year 2011 -2012 Total cost all three years Vendors sent RFPs with NO RESPONSE: Gruber, Tanzey & Casey, Mexico MO KMPG, Kansas City MO McGladrey & Pullen, Kansas City MO CITY OF JEFFERSON CONTRACT FOR AUDIT SERVICES THIS CONTRACT is made and entered into the 6Z�-day o✓ � , 2010, by and between the City of Jefferson,Missouri, a municipal corporation,hereinafter refer d to as" ity,"and Evers & Company, CPA's LLC, hereinafter referred to as "Auditor." WITNESSETH: WHEREAS, the City desires to engage the Auditor to render certain technical and professional services described in Exhibit A; and WHEREAS,the Auditor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Auditor for the performance of services by the Auditor. NOW, THEREFORE,for the considerations herein expressed,it is agreed by and between the City and the Auditor as follows: 1. Scope of Services. The City agrees to engage the services of the Auditor to perform the services as described in the Audit Proposal which is attached hereto as Exhibit A and incorporated herein. 2. Additional Services. The City may add to Auditor's services or delete therefrom activities of a similar nature to those set forth in Exhibit A,provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof. The Auditor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the Finance Director and shall be accepted and countersigned by the Auditor or its agreed representatives. 3. Existingy Data. All information,data and reports as are existing,available and necessary for the carrying out of the work shall be furnished to the Auditor without charge by the City, and the City shall cooperate with the Auditor in every reasonable way in carrying out the scope of services. The Auditor shall not be liable for the accuracy of the information furnished by the City. 4. Personnel to be Provided. Auditor represents that the Auditor has or will secure at its expense all personnel required to perform the services called for under this contract by the Auditor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Auditor. All of the services required hereunder will be performed by the Auditor or under the Auditor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 5. Notice to Proceed. The services of the Auditor shall commence as directed in the Notice of Proceed and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 6. Compensation. The City agrees to pay the Auditor in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered certifying that the Auditor fully performed all work to be paid for in conformance with the contract. It is expressly understood that in no event will the total WCanlrnclBi lenlProruszianalServicea\eve &coWontrncl2016-2611.wpd f compensation and reimbursement to be paid to the Auditor under the terms of this contract exceed the sum of Thirty-Six ThousandDollars($36,000.00)for the initial contract term,Thirty-Seven Thousand Dollars($37,000.00) for the first renewal of the contract,and Thirty-Eight Thousand Dollars($38,000.00)for the second renewal of the contract,for all services required unless specifically and mutually agreed to in writing by both the City and the Auditor. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. 7. Failure to Perform,_Cancellation. If, through any cause, the Auditor shall fail to fulfill in timely and proper manner its obligations under this contract,or if the Auditor shall violate any of the covenants,agreements,or stipulations of this contract,the City shall thereupon have the right to terminate this contract by giving written notice to the Auditor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The Auditor may without cause terminate this contract upon thirty(30)days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,and reports or other materials prepared by the Auditor under this contract shall,at the option of the City,become its property,and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above,the Auditor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Auditor. 8. Assignment. The Auditor shall not assign any interest in this contract,and shall not transfer any interest in the same(whether by assignment or novation),without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement,including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement,though City will attempt to so notify any such assignee. 9. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Auditor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Auditor without prior written approval of the City. 10. Nondiscrimination. The Auditor agrees in the performance of the contract not to discriminate on the grounds or because of race,creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Auditor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 11. Independent Contractor. The Auditor is an independent contractor and nothing herein shall constitute or designate the Auditor or designate the Auditor or any of its employees as agents or employees of the City. 12. Benefits Not Available. The Auditor shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. 13. Nonssolicitation. The Auditor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Auditor,to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the Auditor,any fee,commission, percentage,brokerage fee,gifts,or any other consideration,contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability,or,in its discretion,to deduct from the Contract price or consideration,or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gifts,or contingent fee. 14. Books and Records. The Auditor and all his subcontractors shall maintain all books,documents,papers,accounting records and other evidence pertaining to costs incurred in connection with this Contract, and shall make such materials available [S;SConfrnct Piles 4Pmfeasion¢I Senticealovern @enSCnnt:nct 2tlltl•2tlll,apd — 2 — i o at their respective offices at all reasonable times during the Contract and for a period of three(3)years following completion of the Contract. 15. Delays. The Auditor shall not be liable for delays resulting from causes beyond the reasonable control of the Auditor;the Auditor has made no warranties, expressed or implied,which are not expressly set forth in this Contract; and under no circumstances will the Auditor be liable for indirect or consequential damages. 16. Term. This contract shall be in effect from November 1,2010,through October 31,2011 for the audit of fiscal year ending October 31,2010. With the consent of both parties,the contract may be extended on an annual basis for two(2) additional one (1)year periods for the audit of fiscal years ending October 31,2011 and October 31,2012 at the prices quoted for the respective terms. 17. Illegal Immigration. Prior to commencement of the work: a. Auditor shall,by sworn affidavit and provision of documentation,affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Auditor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. C. If auditor is a sole proprietorship,partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. 18. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson,320 East McCarty Street,Jefferson City,Missouri,65101,and Auditor at Evers&Company,Certified Public Accountants, L.L.C., 520 Dix Road,Jefferson City,Missouri,65109. The date of delivery of any notice shall be the second full day after the day of its mailing. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written.. CITY OF JEFFERSON EVERS & COMPANY Certified Public Accountants, L.L.C. Mayor /` Title: ATTEST: ATTEST: r City Cle i Title: YrE S C FORM: f City Cohnselor U:%CmLrad Fil-%PmNssiunal ServicEaSevura&-Wcnt;=t 2010-2011-wp3 CITY OF JEFFERSON AMENDMENT TO CONTRACT FOR AUDIT SERVICES WHEREAS,the City of Jefferson,Missouri,a municipal corporation,with offices at 320 East McCarty, Jefferson City, Missouri, 65101, hereinafter designated"City," entered into a Contract with Evers & Company, CPA's, with offices at 520 Dix Road, Jefferson City, Missouri, 65101, hereinafter referred to as "Auditor," on July 22, 2010, and amended July 21, 2011. WHEREAS, the Contract was for technical and professional services related auditing of financial records of the City; and WHEREAS, both parties wish to extend the agreement for the second of two additional one-year renewal periods as stipulated in Paragraph 16 of the agreement dated July 22, 2010,and amended July 21, 2011. NOW,THEREFORE,be it agreed by the parties that the agreement is hereby renewed for the second of the two additional one-year periods to end October 31, 2013_ IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this___1_day of July,2012. CITY OF JEFFERSON, MISSOURI EVERS & COMPANY, CPA'S Mayor Title: I f•�` — ATTEST: ATTEST: ity Clerk Secretary APPROVED S TO FORM: City Kounselor LIAOmmirI M'hl ',Vrof..wmaI & 20I1-I:S.wpd ()\14 lel ( q S CITY OF JEFFERSON AMENDMENT TO CONTRACT FOR AUDIT SERVICES WHEREAS, the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East McCarty, Jefferson City, Missouri, 65101, hereinafter designated "City," entered into a Contract with Evers & Company, CPA's, with offices at 520 Dix Road, Jefferson City, Missouri, 65101, hereinafter referred to as "Auditor," on August 7, 2013, and amended September 9, 2014; and WHEREAS, the Contract was for technical and professional services related auditing of financial records of the City; and WHEREAS, both parties wish to extend the agreement for the first of two additional one-year renewal periods as stipulated in Paragraph 16 of the agreement dated August 7, 2013, and amended September 9, 2014; and NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for the second of the two additional one-year periods to end October 31, 2016, for the fiscal period ending October 31, 2015.. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this 1 0 day of August, 2015. CITY OF JEFFERSON, MISSOURI Mayor ATTEST: Ci y -Clerk APPROVED -AS TO FORM: Cit Counselor . UMon Irarl F iles\OPEN CONTI{,\('T PIL1?ti\eaerx & co\amendment 201 -IG.�pd EVERS & COMPANY, CPRS T e• ATTEST: Secretary