63-0373ATTEST:
RESOLUTION NO. 63R -373
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
Accounting Of
WHEREAS, Diehl, Evans and Company has offered to
perform said services for the City upon the terms and condi-
tions, 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;
NOW, 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 7th day of May, 1963.
CIT? CLERK OF THE C IT? OF- ANAHEIM
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. 63R -373 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 7th day of
May, 1963, by the following vote of the members thereof:
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -373 on the
7th day of May, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 7th day
of May, 1963..
(SEAL)
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOESi COUNCILMEN :None
ABSENT: COUNCILMEN: None
CITY CLERK OF THE CITY OF ANAHEIM
THIS AGREEMENT made and entered into by and between the City of
Anaheim 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 agree-
ment 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 balances at the beginning of the audit
period.
The audit shall be made in accordance with generally accepted
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 warrant extension thereof.
In the event that circumstances disclosed by the audit indicate
that more detailed verification is required in addition to that which
would be sufficient under ordinary circumstances, Auditor agrees to
AGREEMENT
(AUDIT SERVICES)
"EXHIBIT A"
provide the City with all ascertainable facts relative to the extra-
ordinary 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 quarterly on tentative interim
audits.
C. Supply to City an annual audit report prepared in accordance
with the recommendations contained in the Check List.
D. Deliver each letter or audit report not later than ninety days
following the closing of the books of City for the period covered by
said letter or report.
E. Submit audit reports contemplated herein to City Council
together with not less than 10 copies for quarterly audits and
10 copies for annual audits.
3. Payment by City. City shall pay the Auditor on a per diem basis
as follows:
Managing partner
Principal
Senior CPA
Senior accountant
Semi senior accountant
Junior accountant
Clerical
Rate
per hour
15.00
12.00
10.00
9.00
8.00
7.00
3.00
Based upon the estimated time required the Auditor guarantees a maximum
annual fee of 3,000.00
It is expected by both parties that an adjustment in the fee will
be necessary from time to time. If the City or the Auditor desire to
propose en adjustment in the total payment required of the City under
the terms of this agreement, either party may submit in writing prior to
seventy-five days before the first of July of any year the proposed change
in fee. 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 signify by signing a copy thereof. A signed fee
change proposal shall constitute an amendment to this agreement.
4. Default. If Auditor shall fail to make any audit delivery, as herein
required, the City may, at its option, cancel this contract and upon
giving notice to Auditor of such cancellation discontinue Auditor's ser-
vices, without further liability to Auditor for services rendered or con-
tractual rights hereunder, or City may elect to enforce this Agreement by
requiring Auditor's compliance with the terms hereof.
S. 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 enforcement of such provision or pro-
visions.
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 contractual
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
AUDITOR
By