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HomeMy WebLinkAboutC-2254 - Auditing Services for Fiscal Years 89-90, 90-21 & 91-92CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 / - z 2 - jC FROM: CITY CLERK DATE: January 22, 1990 SUBJECT: Contract No. C -2254 Description of Contract Agreement for Independent Audit for the City for fiscal years 1989 -90, 1990 -91, and 1991 -92. Effective date of Contract January 22, 1990 Authorized by Minute Action, approved on January 8, 1990 Contract with Moreland and Associates, Inc. Address Amount of Contract (See Agreement) "1� 4f 4fe Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach AGREEMENT FOR INDEPENDENT AUDIT This Agreement is made and entered into this 92-A Cday of , 1990, by and between the CITY OF NEWPORT ACH, a unicipal corporation, hereinafter referred to as ( "CITY ") and MORELAND AND ASSOCIATES, INCORPORATED, Certified Public Accountants, hereinafter referred to as ( "AUDITOR" NOW, THEREFORE, in consideration of the promises and the agreements, covenants and conditions hereinafter contained and to be kept and performed by the respective parties hereto, it is agreed as follows: 1. AUDITOR hereby agrees, at such time or times as he shall determine, to make an audit and examination of the books, records, inventories and reports of all officers and employees of the CITY who receive, handle or disburse public funds for the Fiscal Year 1989 -90, beginning July 1, 1989, and ending June 30, 1990, for the Fiscal Year 1990 -91, beginning July 1, 1990, and ending June 30, 1991, and for the Fiscal Year 1991 -92, beginning July 1, 1991, and ending June 30, 1992, in accordance with Section 1117 of the City Charter, in order to express an opinion upon the financial statements of the CITY. The audit shall embrace all funds of the CITY, including the 1911 Act Improvement Bond Funds. If circumstances are encountered which, in the judgment of AUDITOR, prevent the expression of an unqualified opinion on the financial statements taken as a whole, such opinion shall be qualified or omitted, but AUDITOR's report shall contain a statement of the reasons for the qualification or omission. To the extent applicable, the audit will be performed in accordance with generally accepted auditing standards as adopted by the American Institute of Certified Public Accountants (AICPA) , and shall conform with the guidelines set forth in the AICPA's Industry Audit Guide, Audits of State and Local Governmental 1 9 E Units, and shall include such tests of the accounting records and such other auditing procedures applicable in the circumstances as to enable AUDITOR to express an opinion on the financial statements of the CITY. Also, each audit will comply with the standards for financial and compliance audits contained in Governmental Auditing Standards, issued by the U.S. General Accounting Office, in order to meet the requirements of the Single Audit Act of 1984. 2. AUDITOR agrees to render a report on his audit of the CITY for the Fiscal Years 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. The reports 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, AUDITOR shall advise the Council not later than May 13, of the Fiscal Year, as to the conditions found to exist. This interim report shall consist of a short discussion of the performance of the accounting procedures and any other matters AUDITOR believes should be called to the attention of the Council. AUDITOR agrees to render a Management Letter at the close of the Fiscal Year, setting forth the problems and recommended solutions to those problems as they relate to the internal controls of the CITY's accounting system, as well as any other matters which in the AUDITOR's opinion should be brought to the attention of the CITY. `A follows: • 3. Compensation shall be paid to AUDITOR as A. For the audit engagement for the Fiscal Year 1989 -90, in the amount of Twenty Thousand Dollars ($20,000.00), payable one half on May 1, 1990 and the balance upon delivery of AUDITOR's report following the close of the Fiscal Year 1989 -90. B. For the audit engagement for the Fiscal Year 1990 -91, in the amount of Twenty -One Thousand Three Hundred Dollars ($21,300.00), payable one half on May 1, 1991, and the balance upon delivery of AUDITOR's report following the close of the Fiscal Year 1990 -91. C. For the audit engagement for the Fiscal Year 1991 -92, in the amount of Twenty -Two Thousand Six Hundred Dollars ($22,600.00), payable one half on May 1, 1992, and the balance upon delivery of AUDITOR's report following the close of the Fiscal Year 1991 -92. D. CITY'S obligation to pay AUDITOR for future fiscal years is contingent on the availability of funds and an appropriation of funds by the City Council. 4. The audit and examination specified herein and the fees 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 AUDITOR it would be necessary to do additional work or to expend unreasonable amounts of time not contemplated by this contract because of the (a) incompleteness of records, (b) abnormal errors, (c) misappropriation of funds, (d) lack of 3 cooperation from CITY employees, or (e) any other justifiable reasons, AUDITOR, upon reasonable demonstration of the existence of such conditions, shall be entitled to apply to the City Council for supplemental compensation at the rates specified in Paragraph 6 hereof. 5. The audit and examination shall be based upon tests and samples of the accounting records and transactions sufficient to satisfy AUDITOR of the fairness of presentation of the financial condition 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 of character of the examination, reliance must be placed on the adequacy of the systems of internal check and control as to 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 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 examination or audits at the request of the City Council at times he would not otherwise be conducting the audit or of offices, 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 AUDITOR to perform such work or render serves in addition to those which are usual and customary in making an audit and examination of the accounts and records of the CITY, and AUDITOR shall receive payment at the following rates per hour for respective grades of staff members and partners used in performing such work or services: 4 Plus out -of- pocket expenses as cost. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. APPROVED AS TO FORM: 1 1, � 4 Q'` City Attorney Ili v AUDIT.AGT 1/9/90 CITY OF NEWPORT BEACH A Municipal Corporation By: A idiom Mayor MORELAND AND ASSOCIATES, INCORPORATED Certified Public Accountants By: !� ., ;Ve5x By: �1 1989 -90 1990 -91 1991 -92 Partner /Officer $105 $111 $118 Manager 85 90 95 Senior Accountant 53 56 59 Assistant Accountant 48 51 54 Clerical 21 22 23 Plus out -of- pocket expenses as cost. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. APPROVED AS TO FORM: 1 1, � 4 Q'` City Attorney Ili v AUDIT.AGT 1/9/90 CITY OF NEWPORT BEACH A Municipal Corporation By: A idiom Mayor MORELAND AND ASSOCIATES, INCORPORATED Certified Public Accountants By: !� ., ;Ve5x By: �1 0 0 Y COUNCIL ,,"r m_ „n� ._.V.. JAN 8 1990 APPROVED TO: City Council CITY OF NEWPORT BEACH FINANCE DEPARTMENT FROM: George Pappas, Finance Director SUBJECT: ANNUAL AUDIT CONTRACT Council Agenda No F -3(d) January 8, 1989 Council Police A -14 reads, "Commencing in 1980, and every three years thereafter, the City shall obtain written proposals from interested auditors to conduct auditing services, and from these proposals the Council shall select an auditor to perform the work. However, upon satisfactory completion of the work performed during each of the first three years the City Council may extend the auditing services agreement an additional three years without obtaining written proposals.” The firm of Moreland & Associates, Inc. has performed the annual audit for the City of Newport Beach more than satisfactorily. Therefore, the staff recommends, in accordance with Council Policy, the Council authorize the Mayor and City Clerk to enter into an Agreement for Auditing Services with Moreland & Associates, Inc. for the next three years. The fee for 1988 -89 was $19,000 and the firm proposes maximum annual fees of $20,000, $21,300, and $22,600 for fiscal years 1989 -90, 1990 -91, and 1991 -92 respectively. GP:dp CITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH. CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: November 28, 1983 SUBJECT: Contract No. C -2254 Description of Contract Auditing Services for the City for fiscal years 1983 -84 & 1984 -85 & 1985 -86 Effective date of Contract November.23, 1983 Authorized by Minute Action, approved on November 14, 1983 Contract with Simonis Moreland Accountants, Inc. Address .610 Newport Center Drive Suite 1325 Newport Beach, CA 92660 Amount of Contract (See Agreement) Wanda E. Andersen City Clerk WEA :lr attach. 3300 Newport Boulevard, Newport Beach .! TO FROM SUBJECT • • �`�� -aasy (: u CITY OF NEWPORT BEACH FINANCE DEPARTMENT Couneil Agenda No. F -2 -(b) .November 9, 1983 BY THE CITY COUNCIL City Council CITY OF NEWPORT BEACH George Pappas, Finance Director NOV 14 3 ANNUAL AUDIT CONTRACT ��� Q Council Policy A -14 reads, "Commencing in 1980, and every three years thereafter, the City shall obtain written proposals from interested auditors to conduct auditing services, and from these proposals the Council shall select an auditor to perform the work. However, upon satisfactory completion of the work performed during each of the first three years the City Council may extend the auditing services agreement an additional three years without obtaining written proposals." The firm of - Simonis and Moreland have performed, more than satis- factorily, the annual audit for the City of Newport Beach the past three years. Therefore, the staff recommends, in accordance with Council Policy, the Council approve the Resolution authorizing the Mayor and City Clerk to enter into the Agreement for Auditing Services with Simonis and Moreland for the next three years. GP /bib RESOLUTION NO. 3-) I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR & CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND SIMONIS MORELAND ACCOUNTANTS, INC. CONCERNING AUDITING SERVICES FOR FISCAL YEARS 1983 - '84, 1984 - 185, AND 1985 - '86 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City and Simonis Moreland Accountants, Inc., Certified Public Accountants, in connection with auditing services for the City for fiscal years 1983 - 184, 1984 - '85 and 1985 - '86; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and found them to be fair and equitable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the agreement described above, a copy of which is attached hereto as Exhibit "A ", be and hereby is approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and hereby are authorized and directed to execute same on behalf of the City of Newport Beach. n` ADOPTED this 1444) day of K)01}p )aQ„ , 1983. Narfi Mayor ATTEST: AradkrsQl') City Clerk RSP /Auditor 9 AGREEMENT FOR INDEPENDENT AUDIT THIS AGREEMENT is made and entered into this O?Z&Y of , 1983, by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City, hereinafter referred to as "City" and SIMONIS MORELAND ACCOUNTANTS, INC., Certified Public Accountants, hereinafter "Accountant" with respect to the following facts, the materiality and existence of which are agreed to between the parties: 1. Accountant hereby agrees, at such time or times as he shall determine, to make an audit and examination of the books, records, inventories and reports of all officers and employees of the City who receive, handle or disburse public funds, for fiscal year 1983 - 184, commencing July 1, 1983 and ending June 30, 1984; for fiscal year 1984 - 185, commencing July 1, 1984 and ending June 30, 1985; for fiscal year 1985 - '86, commencing July 1, 1985 and ending June 30, 1986, pursuant to Section 1117 of the City Charter, in order to express an opinion on City's financial statements. The audit shall embrace all funds of the City, including the 1911 Act Improvement Bond Funds. The audit shall be conducted in accordance with generally EXHlB1 • 0 accepted auditing standards and shall include, among other things, such tests of City's accounting records and other audit- ing procedures which will enable Accountant to express an opinion on City's financial statements. Should circumstances be encountered which, in the judgment of Accountant, prevent the expression of an unqualified opinion on City's financial statements taken as a whole, such opinion shall be qualified or omitted; however, Accountant's report shall contain a statement of the reasons for the qualification or omission. To the extent applicable, the audit shall include the audit procedures recommended in the booklet entitled "Checklist for the Audit of Financial Records of a California City," published by The League of California Cities and The California Society of Certified Public Accountants. 2. Accountant agrees to render a report, on the results of his audit of City's financial statements for the fiscal years to which this contract applies, together with condensed financial statements. Accountant shall also present a short form report which shall accompany the completed financial statements submitted by the Finance Director. Accountant's reports shall include a qualified or unqualified opinion, or disclaimer of opinion, on the status of City's financial 2 0 0 statements, acccording to the circumstances encountered and described in Paragraph 1 hereof. A total of 12 copies of said report shall be submitted as follows: Six copies to the City Council, one copy to the City Manager, one copy to the Finance Director, one copy to the City Attorney, and 3 additional copies which shall be placed on file in the Office of the City Clerk for public inspection. In addition to the final report, Accountant shall advise the City Council, not later than November 15th of each respective fiscal year, and a second time, not later than May 13th of each respective fiscal year, as to the conditions found to exist. These interim reports shall consist of a short discussion on the performance of the accounting procedures, and any other matters, Accountant believes should be called to the attention of the City Council. Accountant agrees to render a Management Letter at the close of each respective fiscal year, setting forth the problems and recommended solutions to those problems as they relate to the internal controls of City's accounting system, as well as any other matters which, in Accountant's opinion, should be brought to the attention of City. 3. Compensation to be paid Accountant for auditing services for fiscal year 1983 - 184, shall be in the amount of Thirteen Thousand Dollars ($13,00.00), payable half on May 1, 9 0 0 1984, and the balance upon delivery of Accountant's report, following the close of fiscal year 1983 - '84. 4. Compensation to be paid Accountant for auditing services for fiscal year 1984 - 185, shall be in the amount of Fourteen Thousand Dollars ($14,00.00), payable half on May 1, 1984, and the balance upon delivery of Accountant's report following the close of fiscal year 1984 - '85. 5. Compensation to be paid Accountant for auditing services for fiscal year 1985 - 186, shall be in the amount of Fifteen Thousand Dollars ($15,00.00), payable half on May 1, 1985, and the balance upon delivery of Accountant's report following the close of fiscal year 1985 - '86. 6. The audit and examination referred to herein and the fees agreed on contemplate that conditions satisfactory to normal progress and completion of said audit and examination will be encountered. In the event that actual conditions encountered are not compatible with usual and expected progress, and, in order to discharge the contractual obligations herein, in the opinion of Accountant, it is necessary to perform additional work, or to expend additional amounts of time not contemplated by this contract, due from but not limited to: (a) Incompleteness of records; (b) Abnormal errors; (c) Misappropriation of funds; a 0 0 (d) Lack of cooperation from City employees; or (e) Any other justifiable reasons then and in that event Accountant, after reasonable demonstration of the existence of such conditions, shall be entitled to re -apply to the City Council for supplemental compensation for such additional services payable at the prevailing rates per hour for respective grades of staff members and partners used in the performance of such work or services. 7. The audit and examination specified in Paragraph 1 hereof shall be based on tests and samples of the accounting records and transactions of City, sufficient to satisfy Accountant of the fairness of the presentation of the financial condition and operating results of City and is not intended to comprise a detailed examination of all City transactions. It is further understood that owing to the test of character of the examination, reliance must be placed on the adequacy of the system of internal "checks and controls" as the principal safeguard against defalcations and other irregularities of the same general nature. Further, Accountant will attempt to detect any defalcations, or similar irregularities, however, Accountant does not assume any responsibility therefore. 8. It is contemplated that Accountant may be requested 5 9 0 to perform additional services over the usual audit services referred to herein, such as advising City of changes in accounting methods used or in personnel required to assist: in accomplishing any changes of the method of recording or reporting used; the investigation of lease compliance by leesees within terms of City leases; performing special examinations or audits at the request of the City Council at times not otherwise scheduled for audits, 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, City Manager, or his designated representative may authorize Accountant to perform such work, or render services, in addition to those which are usual and customary in making an audit and examination of the accounts and records of City, and Accountant shall receive payment at the prevailing rates, per hour, for respective grades of staff members and partners used in performing such work or services. r IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written, ATTEST: C� City Clerk APPROVED AS TO FORM: e i y Attor ey AGB /Auditor 7 CITY OF NEWPORT BEACH A Municipal Corporation By �_ ayor SIMONIS MORELAND ACCOUNTANTS, INC. Certified Public Accountants • September 29, 1983 The Honorable City Council of the City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 The Honorable City Council: c ..5 y 610 NEWPORTCENTER DRIVE. SUITE 1325 �` li l; N NEWPORT BEACH, CALIFORNIA 92660 \ !'S t) 17147 640 -1333 BY THE CITY COUNCIL CITY Of NEWPORT BEACH OCT 24 1983 We have recently completed our examination of the financial statements of the City of Newport Beach for the year ended June 30, 1983. The purpose of this letter is to provide you with our suggestions for improvements to the systems of internal control and accounting procedures which came to our attention during our examination. Since our examination is based �n tests of data supporting financial transactions, you will appreciate that substantial reliance must be placed on the systems of internal control. UPDATING OF POLICIES AND PROCEDURES DOCUMENTATION The Finance Department utilizes a policies and procedures manual which was developed over five years ago. We again recommend the manual be reviewed and updated where there have been changes in policies and procedures subsequent to its development. COMPLIANCE AUDITING The City receives a significant amount of monies as the result of franchise agreements, rental agreements and transient occupancy taxes. Last year we suggested City staff perform tests of compliance with these agreements or taxes, and tests were made of compliance with several agreements. We again recommend City staff review the records of selected hotels or motels paying transient occupancy taxes to the City. N The Honorable City Council Page 2 of the City of Newport Beach September 29, 1983 PRIOR YEAR RECOMMENDATIONS We were pleased to note that all of the recommendations contained in our letter to you dated September 24, 1982 have been implemented, except for our comments on updating policies and procedures documentation which we discussed above. We would like to express our appreciation for the courtesy and assistance extended to us by the Finance Director, his staff and the other employees of the City. We would be pleased to discuss with you at your convenience the matters con- tained in this letter or any other matters which you wou'- like to discuss. Very truly yours, CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER TO: Mayor and City Council FROM: City Manager SUBJECT: CONTRACT COMPLIANCE AUDITS C_ i YID P �.� � L AGENDA No., -.17-f February 14, 1983 A"RO V ED FEB 14 1963 my irJ *Af YVVI4C4L C" OF NrIMMpKP MAW The City receives a significant amount of monies as a result of lease and rental agreements. It has been several years since the City's auditors performed any test of compliance with these agreements by a review of records of those making payments to the City. There are sufficient funds budgeted to perform audits of the Balboa Bay Club, American Legion, and Corona del Mar Beach concession. There- fore, the staff recommends that Council approve the City's auditors, Simonis - Moreland, proceed with the audits. ROBERT L. WYNN City Manager RLW:GP:dp September 24, 1982 The Honorable City Council of the City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 The Honorable City Council: M C -may 610 NEWPORT CENTER DRIVE. SUITE 1325 NEWPORT BEACH. CALIFORNIA 92660 (714) 640 -1333 We have recently completed our examination of the financial statements of the City of Newport Beach for the year ended June 30, 1982. The purpose of thi letter is to provide you with our suggestions for improvements to the systems of internal control and accounting procedures which came to our attention during our examination. Since our examination is based on tests of data supporting financial transactions, you will appreciate that substantial reliance must be placed on the systems of internal control. COMPLIANCE AUDITING The City receives a significant amount of monies as the result of franchise agreements, rental agreements and transient occupancy taxes. It has been several years since City staff performed any tests of compliance with these agreements or taxes by a review of the records of those making payments to the City. We recommend City staff develop policies and procedures for per- forming compliance audits of the records of those making payments to the City under such agreements and taxes. The policies and procedures should provide for the development of written audit programs, the criteria for selection for audit and the frequency of audit. We believe these compliance audits should be performed periodically throughout the year. UPDATING OF POLICIES AND PROCEDURES DOCUMENTATION The Finance Department utilizes a policies and procedures manual which was developed about five years ago. We recommend the manual be reviewed and updated where there have been changes in policies and procedures subsequent to its development. §r� 1 0 0 % The Honorable City Council Page 2 of the City of Newport Beach September 24, 1982 PERFORMANCE BONDS (DEPOSITS) For the past two years, there has been procedures to investigate and return performance bonds that are no longer required by the City. The City still has a number of deposits over two years old which should be investigated and returned if no longer required. PRIOR YEAR RECOMMENDATIONS We were pleased to note that all of the recommendations contained in our letter to you dated September 25, 1981 have been implemented. We would like to express our appreciation for the courtesy and assistance extended to us by the Finance Director, his staff and the other employees of the City. We would be pleased to discuss with you at your convenience the matters con- tained in this letter or any other matters which you would like to discuss. Very truly yours, 0 September 24, 1982 The Honorable City Council of the City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 The Honorable City Council; C - x,25 y 610 NEWPORT CENTER DRIVE. SUITE 1325 NEWPORT BEACH. CALIFORNIA 92660 (710) 640 -1333 We have recently completed our examination of the financial statements of the City of Newport Beach for the year ended June 30, 1982. The purpose of this letter is to provide you with our suggestions for improvements to the systems of internal control and accounting procedures which came to our attention during our examination. Since our examination is based on tests of data supporting financial transactions, you will appreciate that substantial reliance must be placed on the systems of internal control. COMPLIANCE AUDITING, The City receives a significant amount of monies as the result of franchise agreements, rental agreements and transient occupancy taxes. It has been several years since City staff performed any tests of compliance with these agreements or taxes by a review of the records of those making payments to the City. We recommend City staff develop policies and procedures for per- forming compliance audits of the records of those making payments to the City under such agreements and taxes. The policies and procedures should provide for the development of written audit programs, the criteria for selection for audit and the frequency of audit. We believe these compliance audits should be performed periodically throughout the year. UPDATING OF POLICIES AND PROCEDURES DOCUMENTATION The Finance Department utilizes a policies and procedures manual which was developed about five years ago. We recommend the manual be reviewed and updated where there have been changes in policies and procedures subsequent to its development. '___1 �� The Honorable City Council of the City of Newport Beach September 24, 1982 PERFORMANCE BONDS (DEPOSITS) Page 2 For the past two years, there has been procedures to investigate and return performance bonds that are no longer required by the City. The City still has a number of deposits over two years old which should be investigated and returned if no longer required. PRIOR YEAR RECOMMENDATIONS We were pleased to note that all of the recommendations contained in our letter to you dated September 25, 1981 have been implemented. We would like to express our appreciation for the courtesy and assistance extended to us by the Finance Director, his staff and the other employees of the City. We would be pleased to discuss with you at your convenience the matters con- tained in this letter or any other matters which you would like to discuss. Very truly yours, .M CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 DATE Dec. 21 7 1981 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -2254 Description of Contract Agreement for Independent Effective date of Contract March 12. 1981 Authorized by Resolution No. 9995 r adopted on Contract with Simonis Moreland Accountants. Inc. Address 610 Newport Center Drive Newport Beach, CA 92660 Amount of Contract$ See Agreement /s/ Wanda E. Andersen WANDA E. ANDERSEN City Clerk WEA:lr March 9, 1981 City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 5 -81 ;�- qq. By it— cli'f COU+a :iL CITY OF ' gPOP,T B': ACh TO: City Council CITY OF NEWPORT BEACH FINANCE DEPARTMENT FROM: George Pappas, Finance Director SUBJECT: 1980 -81 AUDIT M COUNCIL AGENDA NO March 8, 1981 The staff and the City Manager, has solicited proposals from two accounting firms to conduct the 1980 -81 fiscal year audit for the Ctiy Council. These firms and the suggested .fee are as follows: Firm Audit Fee Main Hurdman & Cranstoun $ 11,500 Simonis Moreland Accountants Inc. $ 10,000 It was noted that the present auditor, plain Hurdman & Cranstoun, has serviced the City for five years and has performed satisfactorily. The staff believes, however, that there is justification in periodically changing auditing firms. The staff recommends the firm of Simonis Moreland Accountants Inc. for the audit services. GP:dp F-2(i) AGREEMENT FOR INDEPENDENT AUDIT This Agreement is made and entered into this 1' &L day of 2 d-X— 1981, by and between the CITY OF NEWPORT BE CH, a municipal corporation, hereinafter referred to as "CITY," and SIMONIS MORELAND ACCOUNTANTS, INCORPORATED, Certified Public Accountants, hereinafter referred to as "AUDITOR." NOW, THEREFORE, in consideration of the promises and the agreements, covenants and conditions hereinafter contained and to be kept and performed by the respective parties hereto, it is agreed as follows: 1. AUDITOR hereby agrees, at such time or times as he shall determine, to make an audit and examination of the books, records, inventories and reports of all officers and employees of the CITY who receive, handle or disburse public funds for the Fiscal Year 1980 -81, beginning July 1, 1980, and ending June 30, 1981, for the Fiscal Year 1981 -82, beginning July 1, 1981, and ending June 30, 1982, and for the Fiscal Year 1982 -83, beginning July 1, 1982, and ending June 30, 1983, in accordance with Section 1117 of the City Charter, in order to express an opinion upon the financial statements of the CITY. The audit shall embrace all funds of the CITY, including the 1911 Act Improvement Bond Funds. The audit shall be conducted in accordance with generally accepted auditing standards and shall include such tests of the accounting records and such other auditing procedures applicable in the circumstances as to enable AUDITOR to express an opinion on the financial statements of the CITY. If circumstances are encountered which, in the judgment of AUDITOR, prevent the expression of an unqualified opinion on the financial statements taken as a whole, such opinion shall be qualified or omitted, but AUDITOR'S report shall contain a statement of the reasons for the qualification or omission. To the extent applicable, the audit shall include the n n L� audit procedures recommended in the booklet entitled "Check List for the Audit of the Financial Records of a California City," which was published by the League of California Cities and the California Society of Certified Public Accountants. 2. AUDITOR agrees to render a report on his audit of the CITY for the Fiscal Years 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'l. 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, 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 pro- cedures and any other matters AUDITOR believes should be called to the attention of the Council. AUDITOR agrees to render a Management Letter at the close of the Fiscal Year, setting forth the problems and recommended solutions to those problems as they relate to the internal controls of the CITY'S accounting system, as well as any other matters which in the AUDITOR'S opinion should be brought to the attention of the CITY. 3. Compensation shall be paid to AUDITOR for the audit engagement for the Fiscal Year 1980 -81, in the amount of Ten Thousand Dollars ($10,000.00), payable fifty percent (50 %) on May 1, 1981, and fifty percent (50%) upon delivery of AUDITOR'S report following the close of the Fiscal Year 1980 -81. -2- 4. Compensation shall be paid to AUDITOR for the audit engagement for the Fiscal Year 1981 -82 in the amount of Eleven Thousand Dollars ($11,000.00), payable twenty -five percent (25 %) on January 1, 1982, twenty -five percent (25 %) on May 1, 1982, and fifty percent (50 %) upon delivery of AUDITOR'S report following the close of the Fiscal Year 1981 -82. 5. Compensation shall be paid to AUDITOR for the audit engagement for the Fiscal Year 1982 -83 in the amount of Twelve Thousand One Hundred Dollars ($12,100.00), payable twenty -five percent (25 %) on January 1, 1983, twenty -five percent (25%) on May 1, 1983, and fifty percent (50 %) upon delivery of AUDITOR'S report following the close of the Fiscal Year 1982 -83. 6. The audit and examination specified herein and the fees 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 AUDITOR it would be necessary to do additional work or to expend unreasonable amounts of time not contemplated by this contract because of the (a) incompleteness of records, (b) abnormal errors, (c) misappropriation of funds, (d) lack of cooperation from CITY employees, or (e) any other justificable reasons, AUDITOR, upon reasonable demonstration of the existence of such conditions, shall be entitled to apply to the City Council for supplemental compensation at the rates specified in Paragraph 7 hereof. 7. The audit and examination specified in Paragraph 1 hereof are to be based upon tests and samples of the accounting records and transactions sufficient to satisfy AUDITOR of the fairness of presentation of the financial condition and operating -3- results of the CITY, and is not to comprise a detailed examina- tion of all transactions. It is understood that, owing to the test of character of the examination, reliance must be placed on the adequacy 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. 8. It is contemplated that 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 examinations 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 AUDITOR to perform such work or render services in addition to those which are usual and customary in making an audit and examination of the accounts and records of the CITY, and AUDITOR shall receive payment at the following rates per hour for respective grades of staff members and partners used in performing such work or services: Staff Assistants - - - - - - - - $30.00 per hour Senior Accountants - - - - - - - $37.00 per hour Managers - - - - - - - - - - - - $50.00 per hour Partners - - - - - - - - - - - - $70.00 per hour -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation ATTEST: City Clerk APPROVED AS TO FORM: SIMONIS MORELAND ACCOUNTANTS, INCORPORATED Certified Public Accountants City Attorney BY BY 3/10/81 -5- 0 0 RESOLUTION NO. 9 99 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BEETWEEN THE CITY OF NEWPORT BECH AND SIMONIS MORELAND ACCOUNTANTS, INCORPORATED, CERTIFIED PUBLIC ACCOUNTANTS, IN CONNECTION WITH AUDITING SERVICES FOR THE FISCAL YEARS 1980 -81, 1981 -82 and 1982 -83 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Simonis Moreland Accountants, Incorporated, Certified Public Accountants, in connection with auditing services for the fiscal years 1980 -81, 1981 -82 and 1982 -83 WHEREAS, the City Council has reviewed the terms and conditions of said agreement and found them to be fair and equitable, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 9th day of March, 1981. Mayor ATTEST: City Clerk pr 030381