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HomeMy WebLinkAbout03-21-2017 Item 11 - Award of Audit Services Contract Meeting Date: 3/21/2017 FROM: Xenia Bradford, Interim Finance Director Prepared By: Kristin Eriksson, Purchasing Analyst SUBJECT: AWARD OF AUDIT SERVICES CONTRACT RECOMMENDATION Authorize the City Manager to execute a new contract for auditing services to Glenn, Burdette, Phillips & Bryson, Certified Public Accountants (GBPB), for a term two fiscal years, beginning with the current fiscal year, to complete the term contemplated in the request for proposals (RFP) for such services. REPORT-IN-BRIEF An RFP for auditing services was previously issued on April 16, 2011 which requested proposals for a five fiscal-year contract with an option to renew for an additional three additional fiscal years, for a total of up to eight years which expires in June, 2018. The RFP resulted in five proposals from firms. GBPB, the vendor providing existing auditing services at the time, was selected by the review team and the Interim Finance Director recommended that the Council award a three fiscal-year contract with the option to renew for an additional two years. The Council voted to award the contract at its regular meeting on June 7, 2011. The contract, as amended, expired on June 30, 2016. However, GBPB has continued providing auditing services, beyond the time period originally approved by the Council, pursuant to “Engagement Letters” provided by GBPB. It is recommended that the City enter into a new contract with GBPB under the prior RFP to cover services through fiscal year 2017-2018, at which point the City will issue a new RFP for auditing services. DISCUSSION On April 5, 2011, the Council authorized issuing an RFP for auditing services. The RFP was posted on the City’s website, advertised in the local newspaper and forwarded directly to nine California firms with experience in local government auditing on April 16, 2011. Six firms participated in a pre-approval teleconference on April 20, 2011. The City received five proposals, as summarized in the attached Council Agenda Report dated June 7, 2011, and selected GBPB as the desired contractor. The evaluation team determined that changing audit firms at that time would require a significant amount of staff time from all departments during a time of increased workloads due to multiple software upgrades and work related to Major Cit y Goals. The team concluded that such a disruption would not be beneficial to the City at that time. However, the team also determined that maintaining stability should be balanced against the professional responsibility to act as stewards of the public trust and secure the best pricing and diligently evaluate auditing services to ensure the City’s needs are met. Therefore, they recommended that the Council approve a contract with a three fiscal-year initial term with an option to renew for two additional fiscal Packet Pg. 155 11 years, rather than the contract for five fiscal-years with an option to renew for three additional years originally contemplated in the RFP. The Council approved the contract award as recommended. GBPB provided auditing services throughout the initial term of the contract, which expired on June 30, 2014 without action to extend the term. However, on December 15, 2014, the City signed an amendment to add additional services to the original statement of work (financial statement compilation) and to extend the contract for an additional two fiscal years. That amendment expired on June 30, 2016. Despite the expiration of the contract, GBPB continued to perform the work in accordance with the original proposal without a formal agreement in place. A total of $56,450 has been paid to GBPB this fiscal year for work already performed. Because the original RFP requested proposals for a possible total of eight fiscal years, purchasing policy allows for cumulative contracts for that entire term, assuming Council approval is in place. As the auditing services are crucial services for the City, it is recommended that a new contract be awarded under the remaining term contemplated by the original RFP. Prior to expiration of the new contract, Finance will request permission to issue a new RFP for auditing services. FISCAL IMPACT The total estimated fees for the proposed two fiscal-years contract with GBPB are $138,800. Allowing for some additional fees as necessary, the recommended total not-to-exceed amount for the two fiscal-years contract will be $158,800. The fees proposed for GBPB’s services are set forth below: 2016-2017 2017-2018 City’s Basic Financial Statements/GAAN Appropriations Limit $40,700 $42,000 Compilation of CAFR $10,300 $10,600 TDA Financial Audit Report $5,250 $5,400 Single Audit Act Report $7,500 $7,725 Whale Rock Commission Audit Report $4,600 $4,725 Total $68,350 $70,450 ALTERNATIVES The Council could choose to require a new RFP for auditing services at this time. As ther e is no contract currently in place for such services, this action would either require cessation of auditing services pending the RFP process or continuation of services without a contract, in violation of City purchasing policy, and so is not recommended at this time. The Council could choose to award the contract for only one fiscal year to complete services in Packet Pg. 156 11 the current fiscal year (2016-2017) and require a new RFP for auditing services for fiscal year 2017-2018. Although the Government Finance Officers Association (GFOA) best practices recommends cities issue RFPs every five years, the policy also recognizes the value in continuity of services and minimization of start-up costs, so it does not require that cities change auditors every five years. Further, changing audit firms would require significant work for staff in several City departments, including Finance, and public Works and Utilities who interface with the auditors in preparing for the TDA and Whale Rock reports. City staff is already impacted by several other workload factors, including the pending due dates for the five-year budget forecast and two-year operating budgets, the Motion Project. Therefore, this action is not recommended at this time. Attachments: a - Auditor Agreement Spec 91067 b - Proposal for Auditing Services ("Engagement Letter") c - 2011 Proposal 91607 GBPB d - Award of Audit Services Contract 6-7-11 Packet Pg. 157 11 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Glenn, Burdette, Phillips & Bryson, Certified Public Accountants, a Professional Corporation, hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on April 5, 2011, City requested proposals for auditing services per Specification No. 91067. WHEREAS, pursuant to said request, Contractor submitted a proposal which was accepted by City for said auditing services through 2018. WHEREAS, a prior agreement that was entered into between City and Contractor expired on December 13, 2016. WHEREAS, the City wishes to continue to contract for Contractor’s services through the remainder of the period contemplated in Specification No. 91067. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from July 1, 2016 until June 30, 2018. 2. INCORPORATION BY REFERENCE. City Specification No. 91067 and Contractor's proposal dated April 27, 2011 are hereby incorporated in and made a part of this Agreement. Additionally, Contractor’s Engagement Letter, dated February 24, 2017 and attached hereto is hereby incorporated and made part of this Agreement. 3. CITY'S OBLIGATIONS. For providing auditing services as specified in this Agreement, City will pay and Contractor shall accept therefore compensation as stated in Contractor’s Engagement Letter, dated February 24, 2017, and in no event shall exceed $158,800. Packet Pg. 158 11 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said Specification. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. 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 City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Al Eschenbach, CPA Glenn, Burdette, Phillips & Bryson Certified Public Accountants A Professional Corporation 1150 Palm Street San Luis Obispo, CA 93401 Email: al.eschenbach@glennburdette.com // // // // // // // // // // Packet Pg. 159 11 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor 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 WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO ____________________________________ By:____________________________________ City Clerk Mayor APPROVED AS TO FORM: CONTRACTOR _____________________________________ By: ___________________________________ City Attorney Packet Pg. 160 11 Packet Pg. 16111 Packet Pg. 16211 Packet Pg. 16311 Packet Pg. 16411 Packet Pg. 16511 Packet Pg. 16611 Packet Pg. 16711 Packet Pg. 16811 Packet Pg. 16911 Packet Pg. 17011 Packet Pg. 17111 Packet Pg. 17211 Packet Pg. 17311 Packet Pg. 17411 Packet Pg. 17511 Packet Pg. 17611 Packet Pg. 177 11 Packet Pg. 178 11 Packet Pg. 179 11 Packet Pg. 180 11 Packet Pg. 181 11 Page intentionally left blank. Packet Pg. 182 11