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1967-270RESOLUTION NO. 67R- 270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EMPLOYING DIEHL, EVANS AND COMPANY TO AUDIT THE BOOKS, RECORDS, ETC. OF THE CITY; AND APPROVING AN AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF ANAHEIM AND DIEHL, EVANS AND COMPANY. WHEREAS, the City of Anaheim desires to secure the services of an auditor to audit all of the books, records, funds and all other financial documents and information of the City for each fiscal year ending June 30th; and WHEREAS, Diehl, Evans and Company has offered to perform said services for the City upon the terms and conditions, and for the compensation, together with provisions for its adjustment, as set forth in a proposed continuing agreement submitted by said company to the City of Anaheim, a copy of which agreement, marked "EXHIBIT A," is attached hereto and made a part hereof; and WHEREAS, the City Council finds that Diehl, Evans and Company is qualified and capable of auditing all of the books, records, funds, financial documents, etc. of the City and that it would be for the best interest of the City to employ said firm upon the terms, covenants and conditions and for the compensation set forth in said proposed agreement; and that said agreement should be approved; NO THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Diehl, Evans and Company be and it is hereby employed by the City to audit all of the books, records, funds and all other financial documents of the City, upon the terms and conditions and for the compensation set forth in the proposed continuing agreement this day submitted to the City Council to be made and entered into by and between the City of Anaheim and Diehl, Evans and Company, a copy of which agreement, marked "EXHIBIT A," is attached hereto and made a part hereof; and that said proposed agreement be and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City. THE FOREGOING RESOLUTION is approved and signed by me this 9th day of May, 1967. ATTEST: f rF° MAYOR OF THE CITY OF AN -1- 6.00y eoueutd (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 67R -270 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of May, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Chandler, and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No.. 67R -270 on the 9th day of May, 1967 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of May, 1967. OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 67R -270 duly passed and adopted by the Anaheim City Council on May 9, 1967. t Anaheim AGREEMENT (AUDIT SERVICES) THIS AGREEMENT made and entered into by and between the City of hereinafter referred to as "City" and DIEHL, EVANS AND COMPANY, hereinafter referred to as "Auditor both of whom understand as follows: 1. Term of Agreement. This agreement shall be a continuing agreement subject to cancellation by City or Auditor upon sixty days written notice prior to July first of any year. 2. Duties of Auditor. Auditor shall! A. Audit all of the books, records, funds and all other financial documents and information of City for each fiscal year ending June 30th, including a verification of fund bal- ances at the beginning of the audit period. The audit shall be made in accordance with generally ac- cepted Auditing Standards, and shall specifically follow, to the extent applicable, the audit procedures recommended by the California Committee on Municipal Accounting as detailed in a publication entitled "Check List for the Audit of the Financial Records of a California City hereinafter referred to as "Check List dated March 1956, and published by the League of California Cities and California Society of Certified Public Accountants, provided, however, the scope of audit shall not be limited to that provided in the aforementioned publication in the event that the particular circumstances warrac:t extension thereof. "EXHIBIT A" In the event that circumstances disclosed by the audit indicate that more detailed verification is required in ad- dition to that which would be sufficient under ordinary circumstances, Auditor agrees to provide the City with all ascertainable facts relative to the extraordinary circumstances, together with an estimate of the additional cost thereof, it being expressly understood between the parties hereto that fees relating to such extensions of verification procedures are additional fees, as the services relating thereto are not contemplated as being within the scope of services to be performed under this contract. B. Supply to City a letter after completion of interim audit work. C. Supply to City 10 copies of an annual audit report prepared in accordance with generally accepted auditing standards. D. Deliver each letter or audit report not later than ninety days following the closing of the books of the City for the period covered by said letter or report. 3. Payment by City. City shall pay the Auditor on a per diem basis as follows: Partner Audit Manager Senior accountant Assistant accountant Clerical Rate Per Hour 20.00 14.00 16.00 11.00 13.00 9.00 10.00 3.00 4.00 Based upon the estimated time required the Auditor guarantees a maximum annual fee of 3,600.00 It is expected i,v both parties that an adjustment in the fee will be necessary from time to time. If thn City or the Auditor desire to propose an adjustment in the co!.-1 payment required of the City under the terms of this agreement, either party may submit in writing prior to seventy -rise days before the first of July of any year tl; proposed chango in iee Upon receipt of the written proposal the other party shall accept or reject it within fifteen days. Upon acceptance of the proposal the receiving party shall so sL nify by signing a copy thereof. A signed fee change proposal sla11 constitute an amendment to this agreement. 4. Default. If Auditor shall fail to make any audit delivery, ;,s herein required, the City may, at its ,option, cance i his cont.rlict and upon giving notice to Auditor of such cancellation discnntinu,- Auditor's services, without further liability to Auditor for service rendered or contractural rights her•under, or City may elect to enforce this Agreement by requir;n:.Auditor's romp!ianc,: with the terms hereof. y Y H AUDITOR 5. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties and failure on the part of either party to enforce any provision of the Agreement shall not be construed as a waiver of the right to compel en- forcement of such provision or provisions. 6. Assignment. This Agreement shall not be assigned by DIEHL, EVANS AND COMPANY without the written consent of the City. 7. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. 8. Relationship of Parties. It is understood that the con- tractual relationship of the Auditor to the City is that of independent contractor. IN WITNESS WHEREOF, the parties have hereunto set their hands on this day of 19 CITY OF By