HomeMy WebLinkAbout4.6 - 1375 Amendment to Agreement
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STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
First Amendment to the Agreement with Maze & Associates
Prepared by: Lisa Hisatomi, Assistant Administrative Services Director
EXECUTIVE SUMMARY:
The City's entered into a five-year agreement with Maze & Associates to perform audits
of the financial records through Fiscal Year 2015-16. The City would like to extend the
contract for one additional year to complete the financial audit for fiscal year ending
June 30, 2017.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a First Amendment to the Consulting Services
Agreement with Maze & Associates.
FINANCIAL IMPACT:
Total cost for the proposed engagement is $59,249; adequate funds are available for
the completion of the Fiscal Year 2016-17 financial audit.
DESCRIPTION:
Maze & Associates has been the City's independent audit firm for the last five years.
The firm was selected following a Request for Proposal (RFP) process in 2012. The
current agreement was established with a five-year term and the completion of the
Fiscal Year 2015-16 audit would conclude the original scope of services.
Typically, an audit engagement is proposed as a mul ti-year agreement due to the
intense data collection required at the outset of working with a new client. The
Administrative Services Staff is currently in the planning stage of a new RFP for future
years’ financial audits. Due to the time constraint of t he RFP process, Staff is seeking
the City Council’s approval for a one-year contract extension with Maze & Associates.
The one-year extension would allow the City to complete the Fiscal Year 2016 -17 audit
and then conduct an RFP in advance of the audit fo r Fiscal Year 2017-18.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving a First Amendment to Consulting Services Agreement with
Maze & Associates
2. Exhibit A to the Resolution - First Amendment to the Agreement
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING A FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH
MAZE & ASSOCIATES
WHEREAS, On April 17, 2012, the City engaged Maze & Associates (hereinafter referred
to as “Consultant”) to perform consulting services to conduct and prepare financial audit reports;
and
WHEREAS, the existing Agreement will expire at the completion of the fiscal year 2015 -
16 audit; and
WHEREAS, the City and the Consultant mutually desire to extend the Term of Services
for a period of one year expiring at the completion of the fiscal year 2016-17 audit; and
WHEREAS, in consideration for the extended term, City and Consultant mutually desire
to increase Compensation to a sum not to exceed fifty nine thousand two hundred forty nine
($59,249).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to the Agreement with Maze & Associates to perform audit
services, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the first
Amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 4th day of April, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
FIRST AMENDMENT TO
CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
MAZE AND ASSOCIATES ACCOUNTANCY CORPORATION
WHEREAS, on April 17, 2012 the City of Dublin ( "CITY ") and Maze and Associates
Accountancy Corporation ( "Consultant ") entered into a Consulting Services Agreement
( "Agreement "); and
WHEREAS, the existing Agreement has a five -year term, expiring at the completion of
the Fiscal Year 2015 -16 audit, and
WHEREAS, the City and Consultant mutually desire to extend the Term of Services for a
period of one year expiring at the completion Fiscal Year 2016 -17 audit; and
WHEREAS, in consideration for the extended term, City and Consultant mutually desire
to increase Compensation to a sum not to exceed fifty nine thousand two hundred forty nine
($59,249), which is in addition to the initial not to exceed amount of $241,894 from the initial
Agreement dated April 17, 2012.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the Agreement is amended as follows:
1) Section 1.1 Term of Services shall be rescinded in its entirety and replaced with the
following:
1.1 Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end at the completion of the Fiscal Year 2016 -17 audit,
the date of completion specified in Exhibit A, and Consultant shall complete the
work described in Exhibit A prior to that date, unless the term of the Agreement is
otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section
8.
2) Section 2 Compensation shall be rescinded in its entirety and replaced with the
following:
2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
fifty nine thousand two hundred forty nine ($59,249), notwithstanding any contrary indications
that may be contained in Consultant's proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and
Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement with prevail. City shall pay Consultant for services rendered pursuant top this
Agreement at the time and in the manner set forth therein. They payments specified below shall
be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant's estimated costs of providing the
services required hereunder including salaries and benefits of employees and subconsultants of
Consultant/ Consequently, the parties further agree that compensation hereunder ,including
salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contribution to any
pension and /or annuities to which Consultant and its employees, agents, and subcontractors
may be eligible. City therefore has no responsibility for such contributions beyond compensation
required under this Agreement.
3) Exhibit A to Agreement shall be rescinded in its entirety and replaced with Exhibit A
attached to this First Amendment and incorporated by this reference.
4) Except to the extent inconsistent with this First Amendment, City and Consultant ratify
and confirm all of the terms and conditions of the Agreement.
5) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for the
amended term, as described above.
6) The individuals executing this Amendment and the instruments referenced in it on behalf
of Consultant each represent and warrant that they have the legal power, right and actual
authority to bind Consultant to the terms and conditions of this Amendment.
CITY OF DUBLIN CONSULTANT
4ie4n:n:e!YZuen, Vice Pres' ent of Audit
Christopher L. Foss, City Manager
Attest:
Caroline P. Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Extension of the audit contract to include the following services for the fiscal year ended June
30, 2017:
Services
2017 Fees
Basic Financial Statements & MOIC
$34,625
Measure B
$4,353
GANN Limit Report
$676
SCO — City
$4,070
Street Report
$1,455
VRF
$2,205
Measure BB
$2,205
TDA
$2,100
Single Audit 1 Program)
$5,400
Printing of all reports, including Web Ready PDF of CAFR
$2,160
TOTAL
$59,249
2678715.1