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HomeMy WebLinkAboutC-1140 - Auditing servicesDATE September 4, 1968 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. � 0 Description of Contract itina seryioea 1968 -69 Authorized by Resolution No. 6863 , adopted on August 26, 1968 Effective date of .Contract 7 -1 -68 Contract with Sbotsenberg, Binder 6 Co. Address 3471 Via Lido, Suite 202 Nalpurt Bmch, Califomia 92660 Pmount of Contract $4,500 city Clerk ` t •_ i THS :aj . 8121/6 . (7) .• 1 AGREEMENT FOR, IND NDENT AUDIT . 2 3 THIS AG.$EEMENT.is made and entered into this //day 4 of /iuG6sT ,, 1968, by and between the CITY OF NEWPORT 5 BEACH, a municipal corporation, hereinafter referred to as "City'!, j: 6 and STOTSENBE$G;:,$INDER A CO', a' partnership, hereinafter referred 7 to as "Auditor`f, 8 In consideration of the premises and the agreements, 9 covenants and conditions hereinafter contained and to be kept and 10 performed by the. respectiy parties hereto, it is agreed as . I 11 follows: 12 1. -I`ie Auditor hereby agrees, at such time or times as 13 he shall determine, to make an audit.and examination of, -,Oe books, 14 records, inventories and reports of all officers and employees of. 15 the City who receive, handle or.di,sburse public funds for.the . 16 fiscal year beginning concurrently with the date of this.contract, 17 in accordance wjth $ection-i1117 of =•the City Charter, in order to 18 express an opinion upon thfll ancial statftents.:of the -City: The 19 audit.shall embrace 4ll funiie`of the City, -including the 1911 Act' 20 improvement Bond-Fundi. Tfi� ar�dix`'$hall.be conducted . in accord- 21 ance with generally accepted auditing standards and•shall..include 22 such tests of the accounting records and suck other auditing.. 23 procedures applicable in the circumstances as to enable the Audito ' 24 to express an opinion upon the financial statements of the City. 25 If circumstances are encountered which, in the Judgment of the 26 Auditor, prevent the expression :of.an unqualified opinion upon the 27 financial statements taken as a whole, such.opinion shall be 28 qualified or omitted but the Auditor's report shall, contain a 29 statement of the reasons for the qualification.or omission.. To ' 3:0 .;' ;the extent applicable, the audit .shall include the audit prov- 3i :oedures. recommended in the booklet entitled "Check List..For the 32 Audit of the Financial. Records: of a.., California :City'!.w4ich. was . 1 2 3 4 5 6 7 8 9 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27', 28 29. K� 311 321 published in March, 1956, by the League of California Cities and the California Society of Certified Public Accountants. 2. The Auditor agrees to render a report on his audit of the City for the fiscal year to which this contract applies, accompanied by condensed financial statements, and also to present a short -form report to accompany the complete financial statements submitted by the Finance Director. These reports will include an unqualified or qualified opinion or a disclaimer of opinion on the financial statements, according to the circumstances encountered, as described in paragraph 1. Said report shall be submitted to the City Council with a copy for each member and one for the City Manager, Finance Director, and City Attorney, and three additional copies to be placed on file in the office of the City Clerk for public inspection. In addition to the final report, the Auditor shall advise the Council not later than November 15 and a second time not later than May 13 of the fiscal year as to the conditions found to exist. These interim reports shall consist of a short discussion of the performance of the accounting procedures and any other matters the Auditor believes should be called to the attention of the Council. 3. Compensation shall be paid to the Auditor for this audit engagement in the total amount of $4,500.00, payable 25% on January 1, 25% on May 1, and 50% upon delivery of the Auditor's report following the close of the fiscal year. 4. The audit and examination specified herein and the fee stipulated contemplate that conditions satisfactory to the normal progress and completion of said audit and examination will be encountered. In the event that actual conditions met are not compatible with the usual and expected progress of the work and if, in order to discharge its contractual obligation hereunder, in the opinion of the Auditor it would be necessary to do additional work or to expend unreasonable amounts of time not contemplated by this 2. 7 2 3 4 5 6 7 8 9 10 11 12 13 W 14 N `a oa 15 �u° w aZ 16 3, °u 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 0 beyond the ability of any one jurisdiction to control. 6. It shall be the duty of the Chief Lifeguard of CITY to immediately notify the Harbor District in the event of sea rescue or aircraft emergencies whereby other City, District, or State rescue units may be alerted and coordinated for standby or assistance. 7. The control and supervision of all lifeguards and other rescue personnel of the CITY who shall be so called to duty at any such emergency, shall be in the lifeguard or other public officer or employee in charge of the area where such emergency occurs. 8. All personnel of the CITY while on emergency duty hereunder, and while going to and returning from the scene of such emergency, shall be deemed to remain the employee of the CITY, and any State personnel' furnished for an emergency on any beach at which the CITY furnishes lifeguard service hereunder shall likewise be deemed to remain a State employee. 9. If, within the CITY'S qualified personnel, there are life- guards trained to use, and equipped with, Self- Contained Underwater Breathing Apparatus (SCUBA), such personnel shall be made available to serve to the extent reasonably permitted by their capabilities, training, experience and equipment as determined by the Chief Lifeguard of CITY in an Orange County underwater rescue team coordinated and called into duty by the Director of Harbors and Beaches. IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chairman of its Board of Supervisors, and attested by its Clerk, and CITY has caused this Agreement to be executed by its Mayor, and attested by its Clerk, all thereunto duly authorized on the dates set forth opposite their respective signatures. DATE: / 1967. CITY OF _ NEWFORT BEACH ATTEST: By Mayor City , APPROVED 4S TO FORM Dated:' 4G CITY A ORNEY By 3. 2 3 4 5 6 7 8 9 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 APP -40VED AS 0 FORM: Tully ._. e r City torn E1TY,QF NEWPO BEACH 4. ell a 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 29 30 31 32 A as of ri_ a TAt Lacuna AM j"MRIMMIMM '_ &IN= & Go. YOR AUDITIM WHUMAS , there. been pres"ted.ty tree "city Counc32 Of the City of Nwvfort Teach a certain egreeme t between the City J Of ft"Ort Beach and 4j6S44WKfti $inder.4, Ge. for &W.Itiao 1 Services for the fis"P*sim tegivotmg July 1, 19660- mad Wan"I the City #jlpail has 00"ider" .tie terms and a , ceadilWene of said agreement found eaiA terms and c anditione: to be reasonable send egsi table j XWt MAXWOUp I= IT FAMMM that the Mayor ad the . City Cleric beg end they ifs hanby autborised #=4 directed to execute *#A4 agreement an bed of the City of Newport Bell b. AaOPM this. of �yj._.. iii. A'TTUM dd � r City Cl#rk LI TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 1140 0 Date 0GtQ Xw 13,3967 Authorized by Resolution No. 6655 adopted on 10 -9..67 Date Mayor and City Clerk executed Contract potcbep 3,1, 1967 Effective date of Contract O,tate,1_Ig67 Contract with Stoteenberg, Binder 6 CmVm y Address 3471 Via Lido - Suite 202 Newport Beach Brief description of Contract Agra mmt far Auditing Services for City Amount of Contract 600.09 ih ATf : City Clerk 2 5 6 13 26 27 28 29 In consideration of the premises and.the agreements covenants and conditions hereinafter contained and to be kept and performed by the respective parttew1h@reto,.it-.is agreed as follows: 1. The Auditor hereby agreees, at such time or times as he shall determine, to make an audit and ezgOinqation of the books, records, inventories and reports of all officers.and employees of the City who.receive, handle or disburse.public funds for the fis- cal year beginning concurrently with the date of-this contract in accordance with Section 11l7 of the -City Charter..'.in order to express ,an opinion upon the fina;tcial statements of the City.* The audit shall embrace All funds of the qit;yj'!'including the 1911 Aqt. Improvement Bond Funds. The audit shall.be-conducted in accord- ance with generally accepted auditing standards and shall include tests of the accounting rer such ords and such' otho r auditing pro- cedures applicable in the circumstance s`as to enable the.Auditor to express an opinion upon the. financial statements of the City. If circumstances are encountered which, in-the Judgment. of the Auditor, prevent the expression of-an.unqu#1 i field opinion upon the financial statements taken as a whole,.such opinion shall be qualified or omitted but the Auditorls report shall cont ain a statement of the reasons for the qualification or omissio n To the extent applicable, the audit shall inql de the audit pve--. cedures recommended in the booklet entitled '!Check List For'the Audit of the Financial R!pcqrds_, of a�..CAlifornig City" which was. j-' l published in March, 1956, by the League of California Cities and 21 the California Society of Certified Public Accountants. 31 2. The Auditor agrees to render a report on his audit 4 of the City for the fiscal year to which this contract applies, 51 accompanied by condensed financial statements, and also to present 6 a short -form report to accompany the complete financial statements 7 submitted by the Finance Director. These reports will include an 8 unqualified or qualified opinion or a disclaimer of opinion on the 9 financial statements, according to the circumstances encountered, 10 as described in paragraph 1. Said report shall be submitted to the 11 City Council with a copy for each member and one for the City 22 Manager, Finance Director, and City Attorney, and three additional 13 copies to be placed on file in the office of the City Clerk for 14 public inspection. In addition to the final report, the Auditor 15 shall advise the Council not later than November 15 and a second 16 time not later than May 13 of the fiscal year as to the conditions 17 found to exist. These interim reports shall consist of a short 18 discussion of the performance of the accounting procedures and any 19i other matters the Auditor believes should be called to the atten- 20 tion of the Council. 21i 3. Compensation shall be paid to the Auditor for this 221 audit engagement in the total amount of $4,500.00, payable 25% on 23: January 1, 25% on May 1, and 50% upon delivery of the Agditor's i 24 report following the close of the fiscal. year. 26I 4. The audit and examination specified herein and the 26 fee stipulated contemplate that conditions satisfactory to the 27 normal progress and completion of said audit and examination will 28 be encountered. In the event that actual conditions met are not 29 compatible with.the usual and expected progress of the work and if, 30 in order to discharge its contractual obligation hereunder, in the 31 opinion of the Auditor.it would be necessary to do additional work 32I or to expend unreasonable amounts of time not contemplated by this ,j IYI{ t 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 contract because of (a) :- imcompleteness of.records, (b) abnormal errors, (c).misappropriatioq Q,f funds, lack of cooperation from City employees, or (e) :'any other justifiable reasons, Auditor upon reasonable demonstration of the existgnce_of such conditions, shall be entitled to apply to the. City Council for supplgmental, . compensation at the rates specified in paragraph 6 hereof. 5. The audit and gxamination;specfied . in paragraph _l% hereof is to be. based upon tests and samples of the accounting records and transactions sufficient to satisfy the Auditor of the. fairness of presentation•pf: the £inancial.eoudition and operating results of the City and is not to comprise a detailed.examination of.all transactions. It is understood that,,'owing to the .test character of the examination, reliance must be plgced.on the ade quacy of the systems. of internal check and control as the principal safeguard against defalcation and other irregularities of the same general nature, and, although Auditor will attempt . to detect any defalcations or similar irregularities, Auditor does not assume the responsibility for doing so.. 6.. It is contemplated that the'Auditor may be requested to perform services additional to the usual audit work, such.as advising upon changes in the accounting methods or .the personnel, assisting in accomplishing changes in the recording or reporting, investigating the compliance of lessees with the terms of City, leases, making special ex$winations'or: audits at.the request of the City Council at times he would not otherwise be conducting the audit or of officers, employees or departments who do not receive, handle or disburse public funds and other similar services. In such circumstances the City Council or City Manager may authorize the Auditor to perform quch work or render services in addition to those which are usual and customary in,making an audit and examine- tion of the aeco} nts;.and'recoirds of the City, and °the Auditor shall receive payment.at,the fol owing. Fate.$: per hour•for respective s y F° 1 grades of .sta sera 4wd partners such work '. 2 or services: 3 Partners.. ....... .._,,....,,.;;.$20.00 per hour.. Other supervisors ...... ............. :15.00.,per hour 4 i8enior auditors:................'... 13.50 Assistant auditors..... ... 10.50 per hour. per hour 5 Typiats.and'.elerical aepistants... 5.00 per'hour 6," IN WITNESS.WHEREOFS -the`parties h @retRo.Have exacuted: ' this agreement as`of the date. first aboge:riea. APPROVED 4S TO FORK: CITIi 0 I .10 r lWyor City Atto rbgvy 12 ,..'MyCe3 W7 13 If,city" 14 15 16 _. By ; 17 `. "Qtiditar'' 19 21 24 25 26 l Mil 24 25 26' 27 28 29 30 31 32