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1991-115e updocs\deltou o ORDINANCE AO (?/-//67 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE & TOUCHE TO PROVIDE AUDITING SER- VICES AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1991, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute an Agreement between the City of Denton and Deloitte & Touche designating them the auditing firm for the City of Denton for the fiscal year ending September 30, 1991, in accordance with the conditions set forth in the Agreement, a copy of which is attached hereto SECTION II That the expenditure of funds in an amount not to exceed $39,500 is hereby authorized SECTION III That this ordinance shall become effective imme- diately upon its passage and approval PASSED AND APPROVED this the day of 1991 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP OVED S TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY c L/" e wpdocs\79770 AGREEMENT FOR AUDITING SERVICES BETWEEN THE CITY OF DENTON AND DELOITTE & TOUCHE This Agreement, is entered into on 1991, between the City of Denton (City), a munic al corporation, and Deloitte & Touche (Auditor) For and in consideration of the mutual covenants contained herein, the parties agree as follows I SCOPE OF WORK Auditor shall audit the City's general purpose financial state- ments for the year ending September 30, 1991 The audit shall be performed in conformity with generally accepted accounting stan- dards and Government Auditing Standards, issued by the Comptroller General of the United States, and shall include tests of the accounting records and procedures sufficient to express an informed opinion of the City's financial statements Auditor will also perform a single audit of the City's Federal and state financial assistance programs as required by the "Single Audit Act of 1984" and the Office of Management and Budget's (OMB) Circular A-128 Auditor shall furnish the City its letter of opinion, together with a written management report, setting forth the results of the audit and Auditor's recommendations Auditor shall attend one or more meetings of the City's City Council for the purpose of discussing the audit and report Auditor shall communicate to the City Council 1 Irregularities and illegal acts that are clearly not inconsequential, 2 Significant deficiencies in the design or operation of the internal control system that could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements, 3 Significant accounting policies, 4 Management judgments and accounting estimates, 5 Significant audit adjustments (recorded and unrecord- ed), 6 Consultation by management with other accountants on significant matters, 7 Difficulties encountered in performing the audit, and 8 Major issues discussed with management prior to the retention of Auditor II. CITY'S RESPONSIBILITY City is responsible for properly recording transactions in the accounting records, for making appropriate accounting estimates, for safeguarding assets, and for the overall accuracy of the financial statements III COMPLETION Auditor shall complete the service in accordance with the following schedule, subject to availability of records and documents Begin Complete Auditing Performance Schedule Planning and Interim 08/12/91 08/30/91 Year-end 11/11/91 12/20/91 Audit Communications Report on Audited Financial Statements 01/15/92 Single Audit Reports 01/15/92 Other Communications Reportable Conditions, if any 01/15/92 Conduct of the Audit Matters 01/15/92 Other Management Comments 01/15/92 IV COMPENSATION In consideration of the work to be performed, City shall pay Auditor thirty-nine thousand five hundred dollars ($39,500 00), payable as follows $15,000 00 upon completion of the interim audit, $14,000 upon completion of the audit field work, and $10,500 upon completion of all services V INTEREST OF AUDITOR Auditor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or other- wise that would conflict in any manner with the performance of this Agreement Auditor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of the City PAGE 2 VI ASSIGNMENT This Agreement is one for personal services and cannot be transferred or assigned by either party without the prior written consent of the other VII AUDITOR I8 INDEPENDENT CONTRACTOR The Auditor is an independent contractor and shall not be deemed to be or considered an employee of the city for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit VIII VENUE AND LAW GOVERNING This Agreement is executed and is to be performed in the City of Denton, Denton County, Texas, and shall be construed under the laws of the State of Texas Any action relating to this Contract shall be instituted and prosecuted only in a court of competent jurisdiction located in Denton County, Texas, and each party waives any right it may have to a change of venue IX ENTIRE This Agreement embodies the whole agreement of the parties There are no promises, terms, conditions, or obligations other than those contained herein This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties, and all modifications of this Agreement shall be in writing and approved by both parties X TERM This Agreement shall begin on the date executed and end when the all services have been performed tlons of this Agreement/,have been satisfied APPROVED this the W day of , by both parties and all condl- 1991 BOB CASTLEBERRY, MAYOR PAGE 3 ATTEST JENNIFER WALTERS, CITY SECRETARY DEBRA A FORM CITY ATTORNEY BY DELOITTE & TOUCHE NAME e n r TITLE r ATTEST BY PAGE 4