HomeMy WebLinkAbout15- Finance a
CITY OF SAN BERNARDINO — REQUEST FOR COUNGRI"
From: Barbara Pachon Subject: Resolution authorizing
Director of Finance execution of Amendment No. 1 to the
Agreement for financial audit
Dept: Finance services between the City of San
Bernardino and Rogers, Anderson,
Date: July 24, 2009 Malody & Scott, LLP.
Council Date: 8/17/09
Synopsis of Previous Council Action:
On July 10, 2006 Resolution 2006-240 was approved awarding a three year
agreement to Rogers, Anderson, Malody & Scott, LLP for financial audit service.
Recommended motions:
Adopt Resolution
Signature
Contact person: Barbara Pachon, Director of Finance Phone: 5242
Supporting data attached: Staff Report, Attachment Ward: All
FUNDING REQUIREMENTS: Amount: $54,300
Source: 001-092-5502
Finance:
Council Notes:
.�so moo q-07 9�
Agenda Item No. '�
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution of the Mayor and Common Council authorizing Amendment 1 to the agreement
between the City of San Bernardino and Rogers, Anderson,Malody&Scott (RAMS)to extend the
contract period for financial audit services by two years.
BACKGROUND
On April 13, 2006, the City of San Bernardino, the Economic Development Agency and the
Municipal Water Department issued a joint Request for proposals (RFP) F-06-21 for financial
audit services beginning with the fiscal year ending June 30, 2006. The RFP required separate
audits and subsequent separate financial reports for each entity plus a Comprehensive Annual
Financial Report(CAFR) encompassing all three entities.
The RFP was sent to thirteen (13) qualified Certified Public Accounting Firms, as well as being
posted on the City's web site and provided to the Chamber of Commerce. Staff met and evaluated
proposals received and recommended that the Mayor and Council award a three-year contract for
financial audit services to RAMS.
The three-year agreement with RAMS ended on June 30, 2009 (for the financial audit period of
FY 07-08) During FY 2008-2009 the City Manager requested Departments to contact the various
vendors and consultants they do business with and request them to reduce their costs to the City by
5% as a way to help the City of San Bernardino reduce their expenditures to balance the budget.
When RAMS was contacted they agreed to a 10%reduction in their contract costs with the request
to add two additional years to their contract. The City Manager agreed to this request with the
provision that the Mayor and Council approve the contract extension. The two additional years
are for FY 2009-2010 (audit period of FY 08-09) and FY 2010 -2011 (audit period of FY 2009-
2010). There are no other changes to the original agreement (Exhibit 1) attached.
Another benefit of extending the City's agreement with RAMS for two additional years is that the
City and EDA audit contracts will remain on the same time line. On May 4, 2009, the
Redevelopment Agency requested an amendment to their agreement with RAMS to extend
services for two additional years for financial audit services. The Community Development
Commission approved this request. Keeping the financial audit services contracts on the same
time line will allow financial services to be jointly re-bid at the end of the two years which will
save both time and money.
FINANCIAL IMPACT
There are sufficient funds for audit services included in the proposed FY 2009-2010 budget in the
General Government division budget
RECOMMENDATION
Adopt Resolution.
t
1 COPY
RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. I TO
4 THE AGREEMENT FOR AUDITING SERVICES BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND ROGERS ANDERSON MALODY AND SCOTT L.L.P. FOR THE
5 PROVISION OF FINANCIAL AUDITING SERVICES.
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 WHEREAS, the City of San Bernardino desires to enter into Amendment No. 1
10 ("Amendment") to the Agreement for auditing services with Rodgers, Anderson, Malody and
11
Scott, L.L.P., to extend the Agreement for a period of two (2) years in order to perform
12
financial audit services for the City of San Bernardino ("City") as attached.
13
14 NOW, THEREFORE, THE CITY OF SAN BERNARDINO DOES HEREBY
15 RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
16 SECTION 1. The City Manager is hereby authorized and directed to execute on behalf
17 of said City the Amendment with Rogers Anderson Malody and Scott L.L.P. approving a two
18 (2) year extension to the Agreement to perform financial audit services for the City, for a two
19
(2) year period starting from July 1, 2009 to June 30, 2011. (The audit periods covered will be
20
21 FY 08-09 and FY 09-10.) A copy of which is attached hereto as Exhibit "A" and incorporated
22 herein by reference. Upon execution of said agreement, the Purchasing Manager of the City of
23 San Bernardino is directed to issue a Purchase Order to Rogers Anderson Malody and Scott in
24 the amount not to exceed $54,300 for FY 09-10; and $55,900 for FY 10-11.
25 SECTION 2. The authorization to execute the above referenced agreement is rescinded
26
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
27
28 resolution.
I
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO
3 THE AGREEMENT FOR AUDITING SERVICES BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND ROGERS ANDERSON MALODY AND SCOTT L.L.P. FOR THE
4 PROVISION OF FINANCIAL SERVICES.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at an meeting thereof, held
7
on the day of , 2009, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 ESTRADA
11 BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15
JOHNSON
16
17 MC CAMMACK
18
19 Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this day of
21 2009.
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to Form
25 JAMES F. PENMAN,
26 City Attorney
27 /)
BY28 � ,3-, .�✓.,.,-
�J
.� EXHIBIT A
AMENDMENT NO. I TO THE AGREEMENT FOR AUDITING SERVICES
(ORIGINAL AGREEMENT APPROVED BY MAYOR AND COMMON COUNCIL ON
7111106 RESOLUTION No. 2006-240)
This Amendment No. 1 to the Agreement for Auditing Services ("Amendment No. 1') is
made and entered into on this day of August, 2009 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 of 2007-08).
WHEREAS,in response to the CITY'S request of vendor to reduce contract cost, AUDITORS
agreed to 10%reduction in exchange for a 2 (two) year contract extension
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. 1 shall be extended for each of the two (2) fiscal years ending June 30,
2010 (audit period of FY 08-09); and ending June 30, 2011 (audit period of FY 09-10).
5. COMPLETION OF AUDIT AND DELIVERY OF AUDIT OPINIONS.
A. AUDITORS shall complete all work by the dates provided in Appendix A (a copy of
which is attached hereto and by this reference made a part hereof) of each fiscal year
included in the term of this Amendment No. 1 to the Agreement, but in no event shall
any final written audit report, management letter or affiliated report be delivered to the
City later than December 1 for the immediately prior fiscal year being audited.
B. AUDITORS shall deliver their final typed audit opinions and other reports as set forth
in Appendix A for each fiscal year included in the term of this Amendment No. 1 to
the Agreement provided CITY furnishes the information to AUDITORS pursuant to
Appendix A in a timely manner.
A
13. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and AUDITORS do
covenant that each individual executing this Amendment No. 1 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: By:
Charles McNeeley,
City Manager
ATTEST:
r^
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated: ROGERS ANDERSON MALODY& SCOTT
Terry P. Shea, Partner
2
AMENDMENT NO. l TO THE AGREEMENT FOR AUDITING SERVICES
(ORIGINAL AGREEMENT APPROVED BYMAFOR AND COMMON COUNCIL ON
7111106 RESOLUTION No. 2006-240)
This Amendment No. 1 to the Agreement for Auditing Services ("Amendment No. 1') is
made and entered into on this day of August, 2009 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 of 2007-08).
WHEREAS, in response to the CITY'S request of vendor to reduce contract cost, AUDITORS
ti. agreed to 10%reduction in exchange for a 2 (two) year contract extension
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. 1 shall be extended for each of the two (2) fiscal years ending June 30,
2010 (audit period of FY 08-09); and ending June 30,2011 (audit period of FY 09-10).
5. COMPLETION OF AUDIT AND DELIVERY OF AUDIT OPINIONS.
A. AUDITORS shall complete all work by the dates provided in Appendix A (a copy of
which is attached hereto and by this reference made a part hereof) of each fiscal year
included in the term of this Amendment No. 1 to the Agreement, but in no event shall
any final written audit report, management letter or affiliated report be delivered to the
City later than December 1 for the immediately prior fiscal year being audited.
B. AUDITORS shall deliver their final typed audit opinions and other reports as set forth
in Appendix A for each fiscal year included in the term of this Amendment No. 1 to
the Agreement provided CITY furnishes the information to AUDITORS pursuant to
Appendix A in a timely manner.
1
13. AUTHORITY TO EXECUTE AGREEMENT Both CITY and AUDITORS do
covenant that each individual executing this Amendment No. I 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: By.
Charles McNeeley,
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
y Attomey
Dated: . ROGERS ANDERSON MALODY & SCOTT
Terry P. Shea, Partner
2
EXHIBIT 1
1 RESOLUTION NO. 2006-240
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 BETWEEN THE CITY OF SAN BERNARDINO AND ROGERS ANDERSON MALODY
4 AND SCOTT L.L.P. FOR THE PROVISION OF FINANCIAL AUDITING SERVICES.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
9 City an agreement with Rogers Anderson Malody and Scott L.L.P. relating to financial
10 auditing services, a copy of which is attached hereto as Exhibit "A" and incorporated herein by
11 reference. Upon execution of said agreement, the Purchasing Manager of the City of San
12
Bernardino is directed to issue a Purchase Order to Rogers Anderson Malody and Scott in the
13
amount not to exceed $55,200 for FY 06-07; $56,900 for FY 07-08, and $58,600 for FY 08-09.
14
15 SECTION 2. The authorization to execute the above referenced agreement is rescinded
16 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
17 resolution.
18
19
20
21
HI
22
23
24
25
26
27
28
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND ROGERS ANDERSON MALODY
3 AND SCOTT L.L.P. FOR THE PROVISION OF FINANCIAL SERVICES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 joint
and Common Council of the City of San Bernardino at an regular meeting thereof, held
6
7 on the 10th day of July 2006, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA x-
10 BAXTER x
11 MCGINNIS x
12 DERRY x-
13
KELLEY x
14
15 JOHNSON x
16 MCCAMMACK x
17 L a.k-h_
18 Rachel G. Clark, City Clerk
19 The foregoing resolution is hereby approved this �.'qt day of July
20 2006.
21
22
a J. Morris, Mayor—'
23 Ctric ity of San Bernardino
Approved as to Form
24
JAMES F. PENMAN,
25 City Attorney
26
27 By:
28
i
' 2006-240
AGREEMENT FOR A UDITING SERVICES
This Agreement for Auditing Services is made and entered into on this day of June,
2006 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, 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;
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. Unless terminated earlier or cancelled as provided for herein, the term of this
Agreement shall be for the each of the fiscal year ending June 30, 2007 through 2009.
2. SCOPE OF SERVICES. The AUDITORS agree to provide services and perform all work
necessary in a manner satisfactory to the CITY as set forth in the proposal, the request for
proposal (RFP) for audit services dated 4/13/2006, and AUDITOR'S proposal dated May
4, 2006. These documents are attached hereto and by reference incorporated herein and
made a part hereof.
3. CITY'S OBLIGATIONS. For furnishing services specified in this Agreement, CITY will
pay and the AUDITORS shall receive the full compensation as set forth in the proposal
attached hereto and by reference incorporated herein and made a part hereof.
Additionally, CITY agrees to provide AUDITORS with supporting schedules, trial
balances and reconciliations as necessary to complete the services requested.
4. PAYMENT SCHEDULE. The AUDITORS shall submit a monthly billing based on the
percentage of audit work completed. After approval of the CITY'S Director of Finance,
said invoice shall be paid within 30 days.
5. COMPLETION OF AUDIT AND DELIVERY OF AUDIT OPINIONS.
A. AUDITORS shall complete all work by the dates provided in the request for proposal
of each fiscal year included in the term of this Agreement.
B. AUDITORS shall deliver their final typed audit opinions and other reports as set forth
in the proposal for each fiscal year included in the term of this Agreement provided
CITY furnishes the information to AUDITORS pursuant to the request for proposal in
a timely manner.
2006-240
6. TERMINATION.
A. Termination Without Cause. CITY and AUDITORS shall have the right to terminate
this Agreement, by giving not less than thirty (30) days written notice of termination
to the other party. On the date of termination stated in the written notice. AUDITORS
shall discontinue performance of the services, preserve the product of the services, and
turn over to CITY the product of the services in accordance with written instructions
of CITY. If CITY terminates the Agreement undef this Subsection A of Section 6,
CITY shall compensate AUDITORS within thirty (30) days following the effective
date of termination a fee for all services satisfactorily provided prior to the effective
date of termination based on the amounts and rates set forth in the proposal. If
AUDITORS terminate the Agreement under this Subsection A of Section 6, CITY
shall compensate AUDITORS in the same amount CITY would compensate
AUDITORS in the event CITY terminated the agreement under this Subsection A of
Section 6, less any costs CITY pays other auditors to review or re-perform the services
provided by AUDITORS prior to the date of termination. In the event of termination
without cause by eithe party, CITY's payment as provided herein shall constitute full
satisfaction of CITY's obligations under this Agreement.
B. Termination by CITY for Cause.
1. CITY may, by written notice to AUDITORS, immediately terminate the whole
or any part of this Agreement in any of the following circumstances:
a. AUDITORS fail to perform the services required by this Agreement
within the time specified herein, or within any extension of that time;
b. AUDITORS fail to perform satisfactorily the services called for by this
Agreement, or otherwise breaches any provision of this Agreement, and
do not correct such failure within a period of ten (10) days or such
longer period as CITY may authorize in writing after notice is given by
CITY specifying such failure of breach; or
C. AUDITORS make a general assignment for the benefit of their
creditors, files or have filed against them a petition in bankruptcy, or
have a receiver appointed on account of their insolvency.
d. AUDITORS fail to maintain the insurance required pursuant to Section
10.
2. Immediately upon receiving written notice of termination, AUDITORS shall
discontinue performing services, preserve the product of the services, and turn
over to the City the product of the services in accordance with written
instructions of CITY. In the event CITY terminates this Agreement in whole
or in part as provided above in Paragraph I of this Subsection B of Section 6,
CITY shall pay AUDITORS a fee for all services satisfactorily provided by
AUDITORS prior to the effective date of termination based on the amounts
2006-240
and rates set forth in the proposal, less any fees CITY pays other auditors to
review or re-perform the services provided by AUDITORS prior to the date of
termination. Said payment shall constitute full satisfaction of City's
obligations under this Agreement.
C. Termination by AUDITORS for Cause. AUDITORS may immediately terminate this
Agreement if CITY is in breach"of the Agreement and does not correct such breach
within a period often (10) days (or such longer period as AUDITORS may authorize
in writing) after notice is given by AUDITORS specifying such failure of breach. If
AUDITORS terminate the Agreement pursuant to this Subsection C of Section 6,
CITY shall compensate AUDITORS within thirty (30) days following the effective
date of termination a fee for all services satisfactorily provided prior to the effective
date of termination based on the amounts and rates set forth in Appendix B, and such
payment shall constitute full-satisfaction of CITY's obligations under this Agreement.
7. NOT OBLIGATION TO THIRD PARTIES. The CITY shall not be obligated or liable
hereunder to any party other than the AUDITORS.
8. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. The experience,
knowledge, capability and reputation of AUDITORS, its principals and employees were a
substantial inducement for the CITY to enter into this Agreement. Therefore AUDITORS
shall not contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of the CITY. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated
or encumbered voluntarily or by operation of law, whether for the benefit of creditors or
` otherwise, without the prior written approval of CITY. Transfers restricted hereunder
shall include the transfer to any person or group of persons acting in concert of more than
twenty-five percent (25%) of the present ownership and/or control of AUDITORS, taking
all transfers into account on a cumulative basis. In the event of any such unapproved
transfer, including in any bankruptcy proceeding this Agreement shall be void. No
approved transfer shall release any surety of AUDITORS of any liability hereunder
without the express consent of CITY.
9. INDEPENDENT CONSULTANT. Neither the CITY nor any of its employees shall have
any control over the manner, mode or means by which the AUDITORS, its agents or
employees perform the services required herein, except as otherwise set forth. The CITY
shall have no voice in the selection, discharge, supervision or control of AUDITORS'
employees, servants,representatives or agents, or in fixing their number, compensation or
hours of service. AUDITORS agree to maintain continuity of managerial personnel
assigned to the engagement except for reasons beyond AUDITORS' control. AUDITORS
shall perform all services required herein as an independent contractor of CITY and shall
remain at all times to the CITY a wholly independent consultant with only such
obligations as are consistent with that role. AUDITORS shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of
CITY. CITY shall not in any way or for any purpose become or be deemed to be a
partner of AUDITORS in its business or otherwise of a joint venture or a member of any
°` joint enterprise with AUDITORS.
2006-240
10. INSURANCE. The AUDITORS shall procure and maintain, at its cost, comprehensive
general liability and property damage insurance, including automobile and excess liability
insurance, against all claims for injuries against persons or damages to property resulting
from AUDITORS' negligent acts or omissions rising out of or related to AUDITORS'
performance under this Agreement. AUDITORS shall also carry Workers' Compensation
Insurance in accordance with State Workers' Compensation laws. Said Workers'
Compensation Insurance shall be through its business services firm Conrad Business
Services, Inc. AUDITORS agree to maintain professional liability insurance to protect
CITY from AUDITORS' negligent acts, errors or omissions of a professional nature. If
any claim related tot he performance hereunder be asserted against either party hereto, the
party claimed against shall receive all reasonable assistance from the other. The
requirements herein for subrogation may be waived by the CITY with respect to such
professional liability insurance.
The insurance required hereunder shall be kept in effect during the term of this Agreement
and shall not be subject to reduction in coverage below the limits established herein nor
cancellation or termination without thirty (30) days prior written notice by registered letter
to the CITY. The insurer shall waive the right of subrogation against CITY, its officers,
employees and agents, and the coverage shall be primary for losses arising out of
AUDITORS' performance hereunder and neither the CITY nor its insurers shall be
required to contribute to any such loss. A certificate evidencing the foregoing and naming
the CITY as an additional insured shall be delivered to and approved by the CITY prior to
commencement of the services hereunder. The procuring of such insurance or the
delivery of policies or certificates evidencing the same shall not be construed as a
limitation of AUDITORS' obligation to indemnify the CITY, its officials and employees.
The amount of insurance required hereunder shall be as follows:
1. Workers Compensation to statutory limits;
2. Commercial General Liability:
Each occurrence $1,000,000
Personal injury $1,000,000
Aggregate limit $2,000,000
3. Hired Auto and Non-Owned Auto Liability:
Each occurrence $1,000,000
Aggregate limit $1,000,000
4. Professional Liability:
Each claim and in the aggregate $1,000,000
11. PREVAILING PARTY. If any court action occurs as a result of a dispute between the
parties concerning any element of this agreement, the prevailing party shall be entitled to
reasonable attorney's fees. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this agreement on behalf of the City shall be
considered as"attorney's fees" for the purpose of this paragraph.
2006-240
12. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
CITY: Barbara Pachon, Finance Director
City of San Bernardino
300 North"D" Street, 6`h Floor
San Bernardino CA 92418
AUDITORS: Terry P. Shea, Partner
Rogers Anderson Malody& Scott L.L.P.
290 N"D"Street, Suite 300
San Bernardino CA 92401
13. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and AUDITORS do
covenant that each individual executing this Agreement on behalf of each party is a
person duly authorized and empowered to execute agreements for such party.
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
r-
''"� Patrick J. orris, a r
ATTEST: /
City 'lerk
APPROVED AS TO FORM:
J
is F. Penman, City Attorney
ROGERS ANDERSON MALODY &
SCOTT
oe
Terry P ea, Partner