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HomeMy WebLinkAboutR-2002-033 Brent Young Professional Services AgreementRESOLUTION NO. R-2002-33 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Professional Services Agreement with Brent Young for finance and accounting services WHEREAS, the City of Yakima requires professional services for finance and accounting services; and WHEREAS, Brent Young has the experience and expertise to provide said professional services to the City, and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the proposed and attached agreement with Brent Young for accounting services; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Professional Services Agreement with Brent Young for accounting services ADOPTED BY THE CITY COUNCIL this 2nd day of April, 2002. ATTEST. City Clerk Place, Mayor C•\Documents and Settings\kroberts\Local Settings\Temporary Internet Files\OLK32\finance-acct contract-3-28-02.doc PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT, hereinafter "Agreement", is made and entered into by and between the City of Yakima, a Washington State municipal corporation (hereinafter the "City"), and Brent Young (hereinafter "Consultant"). WHEREAS, the Finance Department of the City requires certain financial and accounting services. WHEREAS, Consultant has experience and expertise regarding said services, and agrees to perform these services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Consultant as follows: 1. Scope of Services. The Consultant shall provide the following services: a. Gather all necessary information and prepare all financial statements and related worksheets necessary to comply with the Governmental Auditing Standards Board's ("GASB") Statement #34, including the following steps: Step 1: Finalize Project Plan; including identification of tasks required to implement GASB #34 and the estimated timetable for each task. • Step 2: Prepare drafts of the various Financial Statements required under GASB #34 and draft related worksheets, identifying where each piece of data on the worksheet will be derived. • Step 3: Coordinate and work with all City Departments, as necessary, to prepare and/ or generate the required detailed information. • Step 4: With data collected, complete the worksheets and prepare the City's 2001 financial statements in accordance with GASB #34. (Note: GASB #34 will be effective for the City's 2002 Financial Statement reporting. The City plans to produce this information and reports for the 2001 reporting period to the extent possible to help ensure the City's ability to comply by the 2002 deadline.) b. Assist in the preparation of the City's 2001 Consolidated Annual Financial Report (CAFR) (especially as it relates to above subsection (a)). c. Additional work may be assigned by the City on an "as needed" basis, and may include typical financial and accounting analysis, journal entry and financial statement preparation and related work. 2. Compensation. The City shall compensate Consultant for all services provided hereunder at the rate of Forty -Seven Dollars ($47.00) per hour. All hours will be paid at straight -time rate. The total compensation provided to the Consultant under this legal bd/resolutions prof.svc.contract/b young Agreement shall not exceed Seventy -Five Thousand Dollars ($75,000.00). This hourly rate shall include and cover any and all costs of providing these services, including, but not limited to, travel expenses, overhead, material, and supplies. The City may provide access to office equipment and related supplies. On or by the tenth day of each month during the term of this Agreement, Consultant shall submit a monthly invoice to the City evidencing all services provided during the preceding month. The City shall make payment to Consultant within thirty (30) calendar days upon receipt of the invoice. All payments are expressly conditioned upon Consultant providing services hereunder that are satisfactory to the City. 3. Inspection and Audit. Provider shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/ or of the Washington State Auditor at all reasonable times, and Provider shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/ or of the Washington State Auditor where necessary to conduct or document an audit. Provider shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 4. Term of Agreement. The term of this Agreement shall commence upon full execution by all parties and shall terminate at midnight on December 31, 2002, unless sooner terminated by either party in accordance with Section 17 of this Agreement. 5. Status of Consultant. The Consultant and the City understand and expressly agree that Consultant is an independent contractor in the performance of each and every part of this Agreement. The Consultant, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Consultant shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. 6. Taxes and Assessments. Consultant shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Consultant shall pay the same before it becomes due. 7. Non -Discrimination. With regard to the services to be performed pursuant to this Agreement, Consultant shall not discriminate in violation of applicable federal, state, and/or local law or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 8. The Americans With Disabilities Act. With regard to the services to be performed pursuant to this Agreement, Consultant agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its Page 2 of 4 C.\ WINDOWS\TEMP\finance-acct contract-3-28-02.doc implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 9. Compliance With Law. Consultant agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 10. No Conflict of Interest. Consultant represents that he does not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. 11. No Insurance provided by City. It is understood the City does not maintain liability insurance for Consultant. 12. Accountant's Errors and Omissions Insurance. Within sixty (60) days of execution of this Agreement, Consultant shall provide the City with evidence of accountant's errors and omissions insurance coverage with limits of $500,000. The policy will be subject to a deductible of $5,000 or less. Said errors and omissions insurance coverage shall be in effect for the remainder of the term of this Agreement and for a one (1) year period after the Agreement expires. The insurance coverage shall be placed with an insurance company that has a rating of A -VIII or better in Best's Guide. 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Consultant to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Consultant as stated herein. 14. Severability. If any portion of the Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 15. Integration. This written document constitutes the entire agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 16. Non -Waiver. The waiver by Consultant or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 17. Termination. The Consultant or the City may terminate this Agreement, with or without cause, by giving the other party ten (10) days advance written notice of termination. In the event of such termination, the Consultant shall be compensated for services rendered up to the termination date in accordance with Section 2 of this Agreement. Page 3 of 4 C.\WINDOWS\TEMP\finance-acct contract-3-28-02.doc 18. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties at their addresses as follows: To City: To Consultant: Rita Anson Finance Director Yakima City Hall 129 North Second Street Yakima, WA 98901 Brent Young 5704 Walla Walla Street Yakima, WA 98903 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue. The venue for any action to enforce or interpret this Agreement shall lie. in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By:��C�`-z� R. A. Zais, Jr. City Manager Date: ATTEST: Date: A ,A (L i z City Clerk CITY CONTRACT NO. ofooRv?� RESOLUTION NO. ,Q-a?DUa-33 Page 4 of 4 C:\WINDOWS\TEMP\finance-acct contract-3-22-02.doc BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I l For Meeting Of: April 2, 2002 ITEM TITLE: Resolution Authorizing Execution of a Professional Services Agreement with Brent Young for Financial and Accounting Services. SUBMITTED BY: Department of Finance and Budget CONTACT PERSON/TELEPHONE: Rita Anson, Finance Director; #575-6070 SUMMARY EXPLANATION: This resolution authorizes execution of the attached Professional Services Agreement for financial and accounting services. Under a relatively recent pronouncement (Statement #34) by the Governmental Accounting Standards Board (GASB) the City will be required to change its financial statement reports effective with the reporting period ending December 31, 2002. To comply with the new reporting requirements will necessitate significant time and effort from the finance division staff. There may also be significant impacts on other departments in order to generate asset information not currently being maintained. The impact on other departments will not be fully identified until the GASB #34 implementation project is underway. The Financial Services Division currently has two vacant positions; one of these positions is filled with a temporary employee at this time. The division will be unable to make any significant progress on implementation of this new reporting requirement without additional staffing or outside professional services. (It is unclear at this time, if one full time equivalent for the balance of the year will be sufficient to complete this task within the regulatory deadline.) Mr. Young has worked for the Washington State Auditor's Office and was the In -charge Auditor on the City's audit for several years. Therefore, he is familiar with the City's operations and accounting structure, and is well qualified to perform these accounting services on our behalf. This contract calls for a maximum payment of $75,000 and the contract expires on December 31, 2002. Salary savings related to the vacant position will fund this agreement. If the position is filled before this contract is complete, there is a provision for termination of this contract. Resolution X Ordinance Other (Specify) Contract X Mail to: Brent Young; 5704 Walla Walla Street, Yakima Wa. 98903 Phone: Funding Source: Gener I Fund, sala avings APPROVED FOR SUBMITTAL- ,1f 4-C/11 City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/ COMMISSION RECOMMENDATION: COUNCIL ACTION: