HomeMy WebLinkAbout06-290 Resolution No. 06-290
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
SIKICH, LLP FOR AUDITING SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Sikich LLP for auditing
services, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock,Mayor
Presented: December 6, 2006
Adopted: December 6, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 9th day of November, 2006, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY") and Sikich LLP(hereinafter referred to as "AUDITOR").
WHEREAS, the CITY desires to engage the Auditor to furnish certain professional
services in relation to Auditing Services (hereinafter referred to as the "PROJECT"), and
whereas, the Auditor represents that he is in compliance with Illinois Statutes relating to
professional registration of individuals and has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the CITY and the
AUDITOR agree that the CITY hereby retains the AUDITOR to act for and represent the CITY
in the Auditor matters involved in the project as forth herein, subject to the following terms,
conditions and stipulations:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of Fiscal
Services of the CITY, herein after referred to as the"DIRECTOR."
B. A detailed Scope of Services and Project Schedule are attached hereto as Attachment
A.
II. PROGRESS REPORTS
A. Project Milestone schedule to be mutually agreed upon by both City of Elgin and
Auditor.
B. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in Paragraph C below.
C. The Auditor will submit to the Director monthly a Status Report keyed to the Project
Schedule. A brief narrative will be provided identifying progress, findings and
outstanding issues.
III. WORK PRODUCTS
All work products prepared by the Auditor pursuant hereto including, but not limited to,
reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY
upon request of the DIRECTOR provided, however, that the Auditor may retain copies of
such work products for its records. Such work products are not intended or represented
to be suitable for reuse by the CITY on any extension to the PROJECT or on any other
project, and such reuse shall be at the sole risk of the CITY without liability or legal
exposure to the Auditor.
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IV. PAYMENTS TO THE AUDITOR (Not-to-Exceed Method)
A. For services provided the AUDITOR shall be reimbursed at the hourly billing rate of
personnel employed on this PROJECT with the total fee not to exceed
regardless of the actual costs incurred by the AUDITOR unless
substantial modifications to the scope of the work are authorized in writing by the
CITY.
B. The Not-to-Exceed fee of $60,000 for the first year includes all reimbursable
expenses.
C. The CITY shall make periodic payments to the AUDITOR based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic payments
to the AUDITOR shall not exceed the amounts shown in the Part B Fee Proposals
included in Attachment B, and full payments for each task shall not be made until the
task is completed and accepted by the DIRECTOR.
V. INVOICES
A. The Auditor shall submit invoices in a format approved by the CITY.
Progress reports for the project will be included with all payment requests.
B. The Auditor shall maintain records showing actual time devoted and costs incurred.
The Auditor shall permit the authorized representative of the CITY to inspect and
audit all data and records of the Auditor for work done under this Agreement. The
Auditor shall make these records available at reasonable times during the Agreement
period and for a year after termination of this Agreement.
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time upon fifteen (15) days prior written notice to the Auditor. In the event that this
Agreement is so terminated, the Auditor shall be paid for services actually performed and
reimbursable expenses actually incurred prior to termination, except that reimbursement
shall not exceed the task amounts set forth under Article V above.
VII. TERM
This Agreement shall become effective as of the date the Auditor is given a notice to
proceed and, unless terminated for cause or pursuant to Article VII, shall be deemed
concluded on the date the CITY determines that all of the Auditor's work under this
agreement is completed. A determination of completion shall not constitute a waiver of
any rights or claims, which the CITY may have or thereafter acquire with respect to any
term or provision of the Agreement. The term of the Agreement is three years,
conditioned upon satisfactory performance by the Auditor and appropriation of fund by
the City Council. If no funds are appropriated for a year of the contract, services will not
be provided for that year and the remainder of the Agreement shall remain in full force
and effect.
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VIII. NOTICE OF CLAIM
If the Auditor wishes to make a claim for additional compensation as a result of action
taken by the CITY, the Auditor shall give written notice of his claim within 15 days after
occurrence of such action. No claim for additional compensation shall be valid unless so
made. Any changes in the Auditor's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the Auditor. Regardless of the
decision of the DIRECTOR relative to a claim submitted by the Auditor, all work
required under this Agreement as determined by the DIRECTOR shall proceed without
interruption.
IX. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party, by reason of any default, fails within fifteen (15) days
after notice thereof by the other party to comply with the conditions of the Agreement,
the other party may terminate this Agreement.
X. INDEMNIFICATION
To the fullest extent permitted by law, Auditor agrees to and shall indemnify, defend and
hold harmless the CITY, its officers, employees, agents, boards and commissions from
and against any and all claims, suits,judgments, costs, attorney's fees, damages or other
relief, including but not limited to workers' compensation claims, in any way resulting
from or arising out of negligent actions or omissions of the Auditor in connection
herewith, including negligence or omissions of employees or agents of the Auditor
arising out of the performance of this Agreement. In the event of any action against the
CITY, its officers, employees, agents, boards or commissions, covered by the foregoing
duty to indemnify, defend and hold harmless such action shall be defended by legal
counsel of the CITY's choosing.
XI. NO PERSONAL LIABILITY
No official, director, officer, agent, or employee of the CITY shall be charged personally
or held contractually liable under any term or provision of this Agreement or because of
their execution, approval or attempted execution of this Agreement.
XII. INSURANCE
A. Comprehensive Liability. The Auditor shall provide, pay for and maintain in effect,
during the term of this Agreement, a policy of comprehensive general liability
insurance with limits of at least $2,000,000 aggregate for bodily injury and
$2,000,000 aggregate for property damage.
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The Auditor shall deliver to the DIRECTOR a Certification of Insurance naming the
CITY as additional insured. The policy shall not be modified or terminated without
thirty(30) days prior written notice to the DIRECTOR.
The Certificate of Insurance, which shall include Contractual obligation assumed by
the Auditor under Article X entitled "Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to
be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned, non-owned, and hired motor vehicles with limits of not
less than $500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$2,000,000 per occurrence subject to a$2,000,000 aggregate.
D. Professional Liability. The Auditor shall carry Auditor's Professional Liability
Insurance Covering claims resulting from error, omissions, or negligent acts with a
combined single limit of not less than $2,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty (30) days prior written
notice to the DIRECTOR.
XIII. CONSTRUCTION MEANS, METHODS,TECHNIQUES, SEQUENCES1
PROCEDURES AND SAFETY
The Auditor shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for safety
precautions and programs in connection with the construction, unless specifically
identified in the Scope of Services.
XIV. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there shall
be no discrimination against any employee or applicant for employment because of sex,
age, race, color, creed, national origin, marital status, of the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification,
and this requirement shall apply to, but not be limited to, the following: employment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship.
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No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds
of sex, race, color, creed, national origin, age except minimum age and retirement
provisions, marital status or the presence of any sensory, mental or physical handicap.
Any violation of this provision shall be considered a violation of a material provision of
this Agreement and shall be grounds for cancellation, termination, or suspension, in
whole or in part, of the Agreement by the CITY.
XV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors
and the assigns of the parties hereto; provided, however, that no assignment shall be
made without the prior written consent of the CITY.
XVI. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the Auditor shall remain liable to the CITY
with respect to each and every item, condition and other provision hereof to the same
extent that the Auditor would have been obligated if it had done the work itself and no
assignment, delegation or subcontract had been made.
Any proposed subcontractor shall require the CITY's advanced written approval.
XVII. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
XVIII.SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or
other provision of this Agreement, or any portion thereof, shall be held to be void or
otherwise unenforceable, all other portions of this Agreement shall remain in full force
and effect.
XIX. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define, limit or describe
the scope of intent of any provision of this Agreement, nor shall they be construed to
affect in any manner the terms and provisions hereof or the interpretation or construction
thereof.
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XX. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except
by written amendment duly executed by the parties. Each party agrees that no
representations or warranties shall be binding upon the other party unless expressed in
writing herein or in a duly executed amendment hereof, or change order as herein
provided.
XXI. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes
or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court
of Kane County, Illinois.
XXII. NEWS RELEASES
The Auditor may not issue any news releases without prior approval from the
DIRECTOR, nor will the Auditor make public proposals developed under this Agreement
without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
XXIII.COOPERATION WITH OTHER AUDITORS
The Auditor shall cooperate with any other Auditors in the CITY's employ or any work
associated with the PROJECT.
XXIV.INTERFERENCE WITH PUBLIC CONTRACTING
The Auditor certifies hereby that it is not barred from bidding on this contract as a result
of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding
bid rigging.
XXV. SEXUAL HARASSMENT
As a condition of this contract, the Auditor shall have written sexual harassment policies
that include, at a minimum, the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under state law;
C. A description of sexual harassment, utilizing examples;
D. The vendor's internal complaint process including penalties;
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E. The legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. Directions on how to contact the department and commission;
G. Protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies must be provided to the Department of Human Rights upon
request 775 ILCS 5/2-105.
XXVI.WRITTEN COMMUNICATIONS
All recommendations and other communications by the Auditor to the DIRECTOR and
to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the Auditor be made or confirmed in writing.
XXVII.NOTICES
All notices, reports, and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid, addressed as follows:
A. As to CITY:
Jim Nowicki
Fiscal Services Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
B. As to AUDITOR:
Sikich LLP
998 Corporate Blvd.
Aurora, IL 60502
Attn: Fred Lantz
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IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and
executed this Agreement in triplicate as though each copy hereof was an original and that
there are no other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN
By
City Clerk City5anager
(SEAL)
For the Auditor: Lam"
Dated this 2 k day of , A.D., 2006.
ATTEST:
By By
Secretary
(SEAL)
8
OF E�Ci
° '' �� � City of Elgin Agenda Item No.
on IIP
November 12, 2006
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager ,
James R. Nowicki, Fiscal Servic s Director mi*
City Government
SUBJECT: Auditing Services
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to approve entering into an agreement for professional auditing
services.
RECOMMENDATION
It is recommended that the City Council accept the proposal of Sikich LLP to provide auditing
services for the City of Elgin for the next five years.
BACKGROUND
Requests for proposals were sent out to eight accounting firms and responses were solicited on
the City Of Elgin's website for the purpose of obtaining the highest quality auditing services at
the most competitive price for the next five years. An advertisement was placed in the September
14, 2006 issue of The Courier News. The bid opening date was October 9, 2006.
The RFP asked for each firm to separately submit a Technical Proposal and a Cost Proposal. The
purpose of the Technical Proposal was to demonstrate the firm's qualifications, competency and
capacity as well as their ability to perform the City audit in accordance with stated specifications.
The Cost Proposal included the not-to-exceed cost for performing the audit services as well as
the number of hours to be worked by each level of staff
Six proposals were returned. Each of the responding firm's proposals were evaluated separately
and then combined for a final analysis. The Sikich LLP proposal was considered the most
favorable. Staff then evaluated their fee, proposal and negotiated a fee reduction totaling
approximately $8,000 over the five year agreement. The total all inclusive maximum price for
auditing services for 2006 through 2010 equals $318,459.
Sikich LLP is ranked in the top 100 CPA firms in the country and the top 15 CPA firms in
Illinois. Their managing office is located in Aurora and will provide the professional staff that
will be responsible for performing the City's audit.
Auditing Services
November 3, 2006
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
VAtA,
There are sufficient funds budgeted in the proposed 2007 General Fund , Finance Department
budget ($64,000), Professional Services / Auditing, account number 010-2003-718-30.02, to
enter into an agreement with Sikich LLP, to cover the 2006 not to exceed audit fee of$60,000.
The audit fee for the remaining years of the agreement will need to be included in future budgets.
\i, ..).)11EGAL IMPACT
None.
ALTERNATIVES
1. Approve an agreement with Sikich LLP to perform the annual audit.
2. Select one of the other five audit firms who submitted an RFP to perform the annual audit..
Respectfully submitted for Council consideration.
City of Elgin
Audit RFP Evaluation Averages
October 25, 2006
Virchow Crowe
Point McGIadry& Wolf Financial Miller Krause& Chizek&
Range Pullen Sikich Group Cooper Co. Co.LLC.
I.Prior auditing experience.
A. Auditing(type of audit under consideration).
0 to 10 9.3 10.0 9.3 9.3 9.3 9.3
B. Auditing local Governments. 0 to 5 4.7 5.0 4.0 4.7 4.3 4.3
C. Auditing similar entities(cities). 0 to 10 7.7 10.0 7.7 7.7 8.0 7.7
D. Auditing OMB circular A-133 requirements
0 to 5 4.7 5.0 4.7 4.7 4.7 4.7
II.Organization,size&structure of firm 0 to 5 4.3 4.7 3.3 4.0 4.0 3.7
III.Qualifications of staff to be assigned to the audit,
education,position in the firm and years and types of
experience will be considered.
A.Qualifications and audit team make-up. 0 to 20 15.3 19.7 15.7 16.0 18.0 15.0
B.Overall supervision to be exercised over audit team
by firm's management _ 0 to 5 4.3 5.0 4.0 4.3 4.0 4.0
C.Concern for quality,as evidenced by quality control
procedures and peer review 0 to 5 4.7 5.0 4.7 5.0 5.0 5.0
IV.Firms understanding of work to be performed. This
will be determined by the approach to the audit and ability
to complete in a timely manner.
0 to 10 7.7 9.7 8.0 8.7 9.0 9.0
V.Cost.
Lowest cost of all bids x 25=score.
Cost of bid of the firm. 0 to 25 25.0 24.0 21.0 24.0 22.0 11.0
TOTAL 87.7 98.0 82.3 88.3 88.3 73.7
Professional Auditing Services
TABULATION OF BIDS
CITY OF ELGIN Sikich Miller Cooper&Co. McGladrey&Pullen Wolf&Company Virchow Krause&Company Crowe Chizek and Company
998 Corporate Blvd. 650 Dundee Road 20 North Martingale Road 2100 Clearwater Drive 1301 West 22nd Street One Mid America Plaza
Invitation No.06-095 Aurora, IL 60502 Suite 250 Suite 500 Oak Brook, IL 60523-1927 Suite 400 P.O.Box 3697
Date of Opening: 10/9/06 Northbrook,IL 60062 Schaumburg, IL 60173-2420 Oak Brook,IL 60523 Oak Brook,IL 60522-3697
Department:Finance
Description
Audit Year Annual Price Annual Price Annual Price Annual Price Annual Price Annual Price
2006 $ 60,000 $ 61,150 $ 60,000 $ 68,400 $ 65,580 $ 89,900
2007 $ 61,800 $ 63,000 $ 61,660 $ 70,700 $ 67,590 $ 94,500
2008 $ 63,654 $ 65,200 $ 63,680 $ 73,300 $ 70,590 $ 99,000
2009 $ 65,564 $ 67,800 $ 65,620 $ 75,800 $ 73,470 $ 104,000
2010 $ 67,531 $ 70,500 $ 67,640 $ 78,500 $ 74,820 $ 109,500
Total all inclusive maximum price $ 318,549 $ 327,650 $ 318,600 $ 366,700 $ 352,050 $ 496,900
Cost for preparing draft Financial
Reports $12,500 $34,500 $25,000 $ 22,000 $12,500 $7,500
Grand Total $ 331,049 $ 362,150 $ 343,600 $ 388,700 $ 364,550 $ 504,400
2006 Hours Breakdown
Partner/Manager 260 90 140 140 104 215
Supervisor/Staff 480 465 520 320 400 760
Administrative 40 0 40 40 - 0
Total 780 555 700 500 504 975