HomeMy WebLinkAbout2011-088
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RESOLUTION NO. 2011-88
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 TO
THE AGREEMENT FOR AUDITING SERVICES BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND ROGERS, ANDERSON, MALODY & SCOTT, L.L.P. FOR THE
PROVISION OF FINANCIAL AUDITING SERVICES.
WHEREAS, the City of San Bernardino desires to enter into Amendment No. 2
("Amendment No.2") to the Agreement for auditing services with Rodgers, Anderson, Malody
& Scott, L.L.P., to extend the Agreement for a period of two (2) years in order to perform
financial audit services for the City of San Bernardino ("City") as attached.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
SECTION I. The City Manager is hereby authorized and directed to execute on behalf
of said City Amendment No.2 with Rogers, Anderson, Malody & Scott, L.L.P. approving a
two (2) year extension to the Agreement to perform financial audit services for the City, for a
two (2) year period starting from July I, 2011 to June 30, 2013. (The audit periods covered
will be FY 10-11 and FY 11-12.) A copy of which is attached hereto as Exhibit "A" and
incorporated herein by reference. Upon execution of said agreement, the Purchasing Manager
of the City of San Bernardino is directed to issue a Purchase Order to Rogers, Anderson,
Malody & Scott LLP in the amount not to exceed $53,400 for FY 11-12; and $53,400 for FY
12-13.
SECTION 2. The authorization to execute the above referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
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2011-88
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO
THE AGREEMENT FOR AUDITING SERVICES BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND ROGERS, ANDERSON, MALODY & SCOTT L.L.P. FOR THE
PROVISION OF FINANCIAL SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at an regular meeting thereof, held
on the 18th day of April
, 20 II, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
x
VACANT
BRINKER
x
SHORETT
x
KELLEY
x
JOHNSON
x
MCCAMMACK
x
Q~ k.Clw.A/
~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this. / '7/1f day of April
2011.
~ 4-.~
. J. Morris, May
City of San Bernardino
Approved as to Form
JAMES F. PENMAN,
City Attorney
~~ ~'
,/ !
'). . "--....-..- ~I
By: ' /' .-1'/,_, LL:;j!
./
2011-88
EXHIBIT A
AMENDMENT NO.2 TO THE AGREEMENT FOR AUDITING SERVICES
(ORIGINAL AGREEMENT APPROVED BY MA YOR AND COMMON COUNCIL ON
7/10/06 RESOLUTION No. 2006-240)
This Amendment No. 2 to the Agreement for Auditing Services ("Amendment No.2") is
made and entered into on this 18th day of April, 2011 by and between the City of San
Bernardino, a municipal corporation (hereinafter referred to as "CITY") and Rogers,
Anderson, Malody and Scott, L.L.P., Certified Public Accountants (hereinafter referred to as
"AUDITORS").
WITNESSETH
WHEREAS, the AUDITORS are recognized as competent and qualified certified public
accountants who were selected by the CITY through competitive procedures, and are duly
authorized to practice and licensed as such by the California State Board of Accountancy;
WHEREAS, the CITY approved a three year contract for auditing services with AUDITORS
ending 6/30/09 (final audit year of2007-08).
WHEREAS, the CITY approved amendment No.1, a two year contract extension, for
auditing services with AUDITORS ending 6/30/11 (final audit year of 09-10).
WHEREAS, in response to the CITY'S request of vendor to reduce contract cost,
AUDITORS agree to continue the 10% reduction rate as stated in Amendment No.1, and
included in their flat fee amount during the two year contract extension, has added an
additional reduction amount of approximately 2%.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree to the following changes to the original
contract:
1. TERM. Unless terminated earlier or cancelled as provided for herein, the term of this
Amendment No.2 shall be extended for each of the two (2) fiscal years ending June 30,
2012 (audit period ofFY 10-11); and ending June 30, 2013 (audit period ofFY 11-12).
5. COMPLETION OF AUDIT AND DELIVERY OF AUDIT OPINIONS. AUDITORS
shall complete all work by the dates that shall be agreed upon for each fiscal year
included in the term of this Amendment No.2 to the Agreement, but in no event shall
any final written audit report, management letter, final typed audit opinions or affiliated
report be delivered to the CITY later than December 1 for the immediately prior fiscal
year being audited.
2011-88
13. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and AUDITORS do
covenant that each individual executing this Amendment No.2 to the Agreement on
behalf of each party is a person duly authorized and empowered to execute agreements
for such party.
14. All other provisions of the original agreement approved by Resolution 2006-240 of the
Mayor and Council on July 10, 2006, as set forth in Exhibit 1, shall remain in effect
through the end of revised contract term.
IN WITNESS WHEREFORE, the parties hereto have caused this instrument to be executed
the day and year first written above.
THE CITY OF SAN BERNARDINO
Dated:
t.//JI/1J
By:
Char s McNeeley,
City Manager
ATTEST:
~f.J.~
CIty lerk
APPROVED AS TO FORM:
a;t~~~ed
. City Attorney
Dated:
tf / 2-7 /11
.
N, MALODY & SCOTT
Terry
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