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Home My WebLink AboutR-83-0116J-33-29 It RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, WITH THE FIRM OF THOMPKINS AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, FOR PRO- FESSIONAL ACCOUNTING SERVICES, TO OBTAIN INDEPENDENT FINANCIAL AND COMPLIANCE AUDITS OF THE CITY OF MIAMI'S COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $20,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. WHEREAS, the City of Miami is a recipient of the U. S. Depart- ment of Housing and Urban Development (HUD) Community Development Block Grant Funds (CDBG); and WHEREAS, the City's Department of Community Development, based on the amount of said funds and complexity of the services provided from the use of said funds, has upgraded this audit requirement to an annual basis; and WHEREAS, the firm of Thompkins & Company, Certified Public Accountants, performed the fiscal year 1981 audit of the City of Miami's Community Development Block Grant Funds in a satisfactory manner, and has expressed a desire to perform the required services for the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a contract, subject to the City Attorney's approval as to form and correctness, with the firm of Thompkins and Company, Certified Public Accountants, for professional accounting services, to include an independent financial and compliance audit of the City of Miami's Community Development Block Grant Funds as of September 30, 1982, with funds therefor hereby allocated in an amount not to exceed $20,000 from Community Development Block Grant Funds. PASSED AND ADOPTED, this loth day of February , 1983. LPH G. ONGIE, CITY CLE PREPARED AND APPROVED BY: , &0 e '�� • DEPUTYTY ATTORNEY Maurice A. Ferre M A Y 0 R APPROVED AS TO FORM AND CORRECTNESS: ose "R. Garcia -Pedrosa, City Attorney a t-! i. IG FEB 10 1983 j PROFESSIONAL SERVICES AGR. J.ENT • This Agreement entered into as of the day of , 1983, by and between the CITY OF MAIMI, a municipal corporation of Dade County, Florida hereinafter referred to as "CITY" and THOPQ'i :!-NS- AND COMPANY, P.A., CERTIFIED PUBLIC ACCOUNTANTS, hereinafter referred to as "CONSULTANTS." W I T N E S S E T H: WHEREAS, the CITY OF MIAMI, requires professional services in the nature of accounting services; and WHEREAS, the CONSULTANTS has expressed a desire to perform the required services for the City; and WHEREAS, under the provisi-6ns of the U. S. Department of Housing and Urban Development (HUD)*regulations,�an independent audit of Community Development Block Grant (CDBG) funds is to be conducted by the recipient (City of Miami) every two years. However, due to the significant sums of money which are received and administered by the City of Miami, and due to the complex nature of the services provided by said funds, the Department of Community Development has instituted the policy of providing for an independent audit on an annual basis; and WHEREAS, the CONSULTANTS have expressed a desire to continue to perform the required auditing services for the City as stated in the Agreement approved by City Commission Resolution No. 82-305, t NOW, THEREFORE, the CITY and CONSULTANTS agree ,as follows: 1. TERM This agreement shall commence upon execution for the purpose of providing professional accounting services required for issuing an independent fiAnancial and compliance audit of the Citv of Miami's Community Development Block Grant Funds as of September 30, 1982, and shall terminate one year from date of execution. This agreement may be extended upon agreement of the parties hereto, in accordance with Section 14, AMENDMENTS. 2. BASIC SERVICES The CONSULTANTS shall audit the books, accounts, records, finances, systems and procedures of the Department. The audit required herein shall be completed within ninety (90) days after receipt of notifi- E��"� Zvi cation from the City of Miami of availability of its records. Such audit is conducted in accordance with generally accepted *uditing standards and the provisions of the Department of Housing and Urban Development Audit Guide and Standards for Community Development Block Grant Recipients. The primary purpose of the examination is to express an opinion on whether the status of funds of the City of Miami, Florida, as of Septemwer 30, 1982, and additional periods as stated in Section I, under the CDBG, Numbers B-75-MC-12-0013 through B-82-MC-12-0013 r (and other grant numbers as provided under Paragraph 1, above), inclu- sively, are in conformity with generally accented accounting principles, the specific terms of the grant agreements and the provisions of Federal Management Circular 74-4. 3. OWNERSHIP OF DOCUMENTS All writings, diagrams, tracing, charts, and schedules develop- ed by CONSULTANTS under this Agreement, shall be delivered to the CITY by said CONSULTANTS upon completion of the WORK and shall become the property of the CITY, without restriction or limitation on their use. CONSULTANTS agrees that all documents, records and reports main- tained and generated pursuant to this contractual relationship between = the CITY and CONSULTANTS shall be subject to all provisions of the Public Records Laws, Chapter 119, Florida Statutes. I It is further understood by and between the parties that any information, writings, mans, contract documents, reports or any other* matter whatsoever which is given by the CITY to thd'CONSULTANTS pur- suant to this Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANTS for any other purposes whatsoever without the written consent of the=CITY. ' � r 4. COMPENSATION The CITY shall pay the CONSULTANTS, as compensation for the .t services required pursuant to Paragraph 2 hereof, fees not to exceed $20,000 for fiscal year ended September 30, 1982. Such fees shall be paid upon submission by the Auditors of a semi-monthly billings. The CITY shall retain ten percent (10%) of all billings which shall be paid the Auditors upon receipt and acceptance of the final work product. - 2 - 83--116 S. GENERAL (a) This Agreement, or any interest herein, shalf not be assigned, transferred or otherwise encumbered under any circumstances. (b) The CONSULTANTS shall comply with the provisions of any and all Federal, State, County and City Orders, Statutes, Ordin- ances, Rules and Regulations, which may pertain to the work required under this Agreement. G. TERMINATION OF CONTRACT The CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to the CITY. In that event, notice of •termination of this Agreement shall be in writing to the CONSULTANTS who shall be paid for all WORK per- formed prior to the date of this receipt of the notice of termination. In no case, however, will the CITY pay the CONSULTANTS an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONSULTANTS that any payment made in accordance with this Section to the CONSULTANTS shall be made only if said CONSULTANTS is not in de- fault under the terms of this Agreement, then the CITY shall in no way be.obligated and shall not pay to the CONSULTANTS any sum what- soever. 7. AWARD OF AGREEMENT The CONSULTANTS warrant that thev have not employed or retained any company or persons to solicit or secure this.Agreement and that they have not offered to pay, paid, or agreed to -pay any person or company any fee, commission, percentage, brokerage fee, or gifts of any kind contingent upon or resultind.•from the award of making this Agreement. The CONSULTANTS arse aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida -(Dade County Code, Section 2-11.1), and the Florida Statutes, and agree that they will fully comply in all respects with the terms of said laws. 3 - so "'116 8. NON-DELEGABILITY , It is understood and agreed that the obligations under- taken by the CONSULTANTS pursuant to this Agreement shall•.::-t be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such services or any part thereof by .►other person or firm. 9. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be con- strued and enforced according to the laws, statutes and case laws of the State of Florida. ' 10. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assignes. 11. INDEMNIFICATION CONSULTANTS shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT'S Activities under this contract, including all other acts or omissions to act on the part of the CONSULTANTS or any of them; including any person acting for or on his or their behalf. 12: CONFLICT OF INTEREST 1 The CONSULTANTS covenants that no person under its employ who presently exercises any functions or responsibilities in connect- ion with this Agreement has any personal financial interests, direct or indirect, in the CITY. The CONSULTANTS further covenants that, in the performance of•this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the CONSULTANTS or its employees, must be disclosed in writing to the CITY. The CONSULTANTS, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local govern- ment. - 4 - 83-tt5 13. INDEPENDENT C 16TRACTOR • That the CONSULTANTS and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance'ct the CITY, or any right's generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to Florida Workers' Compensation benefits as an employee of thu CITY. 14. AMENDMENT CLAUSE r The CITY may at its discretion, amend this Agreement to conform with changes in applicable City, County, State and Federal Laws, direc- tives, guidelines and objectives.. No Amendments to this Agreement shall be binding on either party unless�in writing and signed by both parties. Such Amendments shall be incorporated as part of this Agreement upon review, approval and execution by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this the day and year first above written. Witnesses: ATTEST: RALPH G. ONGIE City Clerk APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA City Attorney THOMPICINS & COMPANY, P .A. CONSULTANT By: (SEAL) { CITY OF MIAMI, a municipal Corporation of the State of Florida By:_ HOWARD V. GARY City Manager , - 5 - • 41P A F F I D A V I T City of Miami Department of Law 169 East Flagler Street Suite 1101 Miami, Florida 33131 TO WHOM IT MAY CONCERN: This is to certify that is authorized to make and sign contracts and agreements by or-' on behalf of (Name of entity) , SWORN TO AND SUBSCRIBED before me this day of 1983 NOTARY PUBLIC, State of Florida at Large My Commission Expires: ' 4 ,t. Dena Spillman Name and Title of Affidavit Name of Entity Address of Entity 14 t A F F I D A V I T City of Miami Department of Law 169 East Flagler Street Suite 1101 Miami, Florida 33131 TO WHOM IT MAY CONCERN: This is to certify that is authorized to make and sign contracts and agreements by or on behalf of (Name of entity) SWORN TO AND SUBSCRIBED before me this day of , 1983 NOTARY PUBLIC, State of Florida at Large My Commission Expires: a�Yaa �aVij+aa aw 0Caa\.i Gi111.L Dena Spillman Name and Title of Affidavit Name of Entity Address of Entity 83-'�lf 41 39 TO Howard V. Gary City Manager FROM: Carlos E. Garcia I Director of Finance` CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM DATE January 19, 1983 FILE: SUBJECT: Agenda Item for Approval REFERENCES aENCLOSURES: It is recommended that the City Commission authorize the City Manager to extend the contract with Thompkins & Company, Certified Public Accountants, to conduct an independent financial and compliance audit of the City's Community Development Block Grant funds for an amount not to exceed $20,000. Under the provisions of the U.S. Department of Housing and Urban Development (HUD) regulations, an independent audit of Community Development Block Grant (CDBG) funds is to be conducted by the recipient (City of Miami) every two years. However, due to the _ significant sums of money which are received and administered by the City of Miami, and due to the complex nature of the services provided by said funds, the Department of Community Development has instituted the policy of providing for an independent audit on an annual basis. This audit is conducted in accordance with gener- ally accepted auditing standards and the provisions of the Depart- ment of Housing and Urban Development Audit Guide and Standards for Community Development Block Grant Recipients. The primary purpose of the examination is to express an opinion on whether the status of funds of the City of Miami, Florida, are in conformity with generally accepted accounting principles, the specific terms of the grant agreements and the provisions of Federal Management Circular 74-4. This resolution authorizes to extend the contract with the minority C.P.A. firm of Thompkins & Company, that was authorized by the City Commission on April 1, 1982, under Resolution 82-305. CEG:hb cc: Jose Garcia -Pedrosa Randolph Rosencrantz Dena Spillman 83--ii-6