RESOLUTION NO. 24-29
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Second Amendment To The Professional Services Contract With Maze & Associates For A Period From July 1, 2023 Through June 30, 2026 For An Amount Not To Exceed $157,020 For Fiscal Year 2024 And $162,037 For Fiscal Year 2025 With A Total Five-Year Contract Not To Exceed Amount Of $679,657 For Audit And Related Services
WHEREAS, on April 6, 2021, the City entered into a contract with Maze & Associates to perform audit services for Fiscal Years 2021, 2022 and 2023, with an option to extend the contract for two years; and
WHEREAS, on December 7, 2021, the City entered into a First Amendment with Maze & Associates and added audit reports for the State Controller’s Office to the contract; and WHEREAS, Maze & Associates has advised the City on the implementation of new accounting pronouncements from the Government Accounting Standards Board; and WHEREAS, Maze & Associates has assisted the City in preparing the Annual Comprehensive Financial Report and the city has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association; and
WHEREAS, Maze & Associates has served as the City’s independent auditors for the past three years, and the audit services contract is due for extension; now, therefore be it
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute a Second Amendment to the Professional Services Contract with Maze & Associates for a period from July 1, 2023 through June 30, 2026 for an amount not to exceed $157,020 for Fiscal Year 2024 and $162,037 for Fiscal Year 2025 with a total five-year contract not to exceed amount of $679,657 for audit and related services.
DocuSign Envelope ID: 4017B82C-8F4E-4833-9F9B-319234104F43 Resolution No. 24-29
Maze & Associates Audit Contract Second Amendment
City Council Meeting | March 19, 2024
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, March 19, 2024, by the following vote:
AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK SPECIAL COUNSEL
DocuSign Envelope ID: 4017B82C-8F4E-4833-9F9B-319234104F43 DEPUTY
C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV02/2024
SECOND AMENDMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and MAZE & ASSOCIATES (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Professional Services Contract dated April 6, 2021 (“Contract”) for the purpose of retaining the services of Contractor to provide financial audit services; and
Whereas, the City and Contractor entered into a contract amendment on December 7, 2021 for additional audit report services;
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-2, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to JUNE 30, 2026.
DocuSign Envelope ID: 090F5EAD-5BA9-4910-B5B3-BBAFB15440A0 DocuSign Envelope ID: 4017B82C-8F4E-4833-9F9B-319234104F43 City of Emeryville | Professional Services Contract Amendment REV02/2024
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by THREE HUNDRED NINETEEN
THOUSAND AND FIFTY SEVEN DOLLARS AND NO CENTS
($319,057). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed SIX HUNDRED SEVENTY NINE THOUSAND SIX
HUNDRED FIFTY-SEVEN DOLLARS AND NO CENTS ($679,657).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 090F5EAD-5BA9-4910-B5B3-BBAFB15440A0 DocuSign Envelope ID: 4017B82C-8F4E-4833-9F9B-319234104F43 City of Emeryville | Professional Services Contract Amendment REV02/2024
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
SECOND AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
Paul Buddenhagen, City Manager
Dated: MAZE & ASSOCIATES
(Signature)
Whitney Crockett, Audit Partner
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: 090F5EAD-5BA9-4910-B5B3-BBAFB15440A0 03/08/2024
DocuSign Envelope ID: 4017B82C-8F4E-4833-9F9B-319234104F43 March 6, 2024
City of Emeryville
Lawrence Chiu, Finance Director
1333 Park Avenue
Emeryville, CA 94608
Dear Lawrence:
Pursuant to the City’s recent request, we are pleased to offer to extend our audit contract to include the fiscal years ended June 30, 2024 and June 30, 2025, at the following price:
REQUIRED SERVICES
Service 2023/24 2024/25
City Audit Report w/
Management Letter $71,792 $74,520
Successor Agency Component
Unit Report $10,280 $10,671
AUP Applied to Appropriations
Limit $820 $851
Single Audit Report (1 Program) $6,600 $6,851
Measure B Report $3,474 $3,606
Measure BB Report $3,474 $3,606
VRF Report $3,474 $3,606
Child Development Center Report $6,727 $6,983
Housing Successor Report $4,486 $4,656
Total for Fiscal Year (not to
exceed) $111,127 $115,350
DocuSign Envelope ID: 090F5EAD-5BA9-4910-B5B3-BBAFB15440A0 DocuSign Envelope ID: 4017B82C-8F4E-4833-9F9B-319234104F43
ADDITIONAL REPORTS
Service 2023/24 2024/25
Annual Report of Financial
Transactions to the State
Controller
$3,893 $4,041
Annual Streets Report to the
State Controller $2,781 $2,887
Special Districts Financial
Transactions Report $2,558 $2,655
Transit Operators Financial
Transactions Report $3,474 $3,606
GASB 68 $4,243 $4,404
TDA $2,387 $2,478
GASB 87 Leases $1,557 $1,616
Business License Tax Agreed
Upon Procedures (AUP) $25,000 $25,000
Total for Fiscal Year (not to
exceed) with Additional
Reports
$157,020 $162,037
The fees were adjusted for 3.8% (COLA) in FY 24 and FY 25. The original proposal date for Emeryville that the fees are based on was January 29, 2021. Please call me if you have any questions.
We look forward to continuing to improve our service to you.
Yours very truly,
Maze & Associates
RESPONSE:
If you agree with the terms of this contract modification, please sign below and return a copy to our office.
By: ________________________________________
Title: ________________________________________
Date: ________________________________________
DocuSign Envelope ID: 090F5EAD-5BA9-4910-B5B3-BBAFB15440A0 DocuSign Envelope ID: 4017B82C-8F4E-4833-9F9B-319234104F43