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HomeMy WebLinkAboutReso 36-2004RESOLUTION NO. 36-2004 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING MAZE AND ASSOCIATES ACCOUNTANCY CORPORATION A FIVE-YEAR AUDITING SERVICES CONTRACT TO PERFORM THE CITY'S AUDITS FOR THE FISCAL YEAR ENDING JUNE 30, 2004 THRU JUNE 30, 2008, CONTINGENT ON AN ANNUAL APPROPRIATION FOR THE CONTRACT WHEREAS, staff recommends that the City Council award Maze and Associates Accountancy Corporation a five-year auditing services contract that will perform the City's audits for the fiscal year ending June 30, 2004 thru June 30, 2008, contingent on an annual appropriation for the contract; and WHEREAS, the General Fund, Redevelopment Agency, Sewer Enterprise Fund, Community Development Block Grant, Measure A Sales Tax, and Airport Noise Insulation Program share in the costs; and WHEREAS, the rest of the audit contract will commence contingent upon adoption of the City's annual budgets starting in 2004-05. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards Maze and Associates Accountancy Corporation a five-year auditing services contract that will perform the City's audits for fiscal years ending June 30, 2004 thru June 30, 2008, contingent on an annual appropriation for the contract. A copy of the agreement is attached. BE IT FURTHER RESOLVED that the contract shall not exceed annual amounts that rise from $59,350 to $67,058 through the contract term. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contact on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 28th day of April 2004 by the following vote: AYES' Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez, Vice Mayor Raymond L. Green, and Mayor Karyl Matsumoto NOES' None. ABSTAIN: None. ABSENT' None. ATTEST: citY Clerk AUDITING SERVICES AGREEMENT BETWEEN THE CiTY OF SOUTH SAN FRANCISCO AND Maze and Associates Accountancy Corporation THIS AGREEMENT for auditing services is made by and between the City of South San Francisco ("City") and Maze and Associates Accountancy Corporation ("Auditor") (together sometimes referred to as the "Parties") as of April 28, 2004 (the "Effective Date"). Section 1:: SERVICES. Subject to the terms and conditions set forth in this Agreement, Auditor shall provide to City the services described in the scope of services and fees and request for proposals attached as Exhibits A and B, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibits A and B, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on March 31, 2009, when the last required report specified in Exhibits A and B is due to regulatory agencies. Auditor shall complete the work described in Exhibits A and B prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Auditor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Auditor shall pe'rform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Auditor is engaged in the geographical area in which Auditor practices its profession. Auditor shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Auditor's profession. 1.3 Assignment of Personnel. Auditor shall assign only the personnel either described in Exhibit A or those presented in the interviews during the proposal process. Due to staff attrition, if it becomes necessary to substitute personnel, the Auditor shall assign only personnel competent to perform services pursuant to this Agreement. The City shall, at their option, examine the qualifications of substituted personnel through interviews and/or resumes before the start of their assignment. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of personnel, Auditor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Auditor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Auditor's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Auditor an annual sum not to exceed the 'ff'otal all-inclusive maximum price" for each of the years 2004 thru 2008 listed in the "Schedule of Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 1 of 13 Professional Fees and Expenses for the Audits of the Financial Statements for the Years Ended June 30:" as shown on pages 9 and 10 of Exhibit A. For the duration of the contract, the Auditor shall perform the Optional Services described on pages 9 and 10 of Exhibit A, with the fee for such services waived. Except for the waiver of the Optional Services fee, this compensation is notwithstanding any contrary indications that may be contained in Auditor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. in the event of a conflict between this Agreement and Auditor's Scope of Services and Fees, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Auditor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to ,Auditor for services rendered pursuant to this Agreement. Auditor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Auditor shall not bill City for duplicate services performed by more than one person. Auditor and City acknowledge and agree that compensation paid by City to Auditor under this Agreement is based upon Auditor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Auditor. Consequently, the parties fur[her agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Auditor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Auditor shall submit invoices, not more often than once a month during the term of this Agreement, based on the actual cost for services performed prior to the invoice date. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Auditor. 2.3 Final Payment. City shall pay the last 10% of the annual contract cost after City receipt of all deliverables for each annual year, with the final deliverable being the Single Audit report. 2.4 Total Payment. City shall pay for the services to be rendered by Auditor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Auditor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Auditor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed amendment or engagement letter. 2.5 Hourly Fees. Fees for work performed by Auditor on an hourly basis shall not exceed the amounts shown within Exhibit A. Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 2 of 13 2.6 Out-of-Pocket Expenses. As described in Exhibit A, out-of-pocket expenses are included in the standard hourly rate. 2.7 Payment of Taxes. Auditor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Auditor terminates this Agreement pursuant to Section 8, the City shall compensate the Auditor for all outstanding costs incurred for work satisfactorily completed as of the date of written notice of termination. Auditor shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Auditor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the City. An annual engagement letter provided by the Auditor and agreed to by the City's Contract Administrator shall be the vehicle to do this. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Auditor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Auditor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, conference space, telephone, and a personal computer terminal as may be reasonably necessary for Auditor's use while auditing with City employees and reviewing records and the information in possession of the City. The computer terminal shall be used for inquiry access to City ledgers and records. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer programming charges, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Auditor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Auditor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Auditor shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Auditor has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Auditor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Auditor's bid. Auditor shall not allow any subcontractor to commence work on any subcontract until Auditor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 3 of 13 4.1 Workers' Compensation. Auditor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Auditor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Auditor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Auditor, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Auditor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage, Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as-insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall 'be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 4 of 13 4.3 4.4 bo Any failure of Auditor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. Professional Liability Insurance. 4.3.1 General requirements. Auditor, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations, The following provisions shall apply if the professional liability coverage is written on a claims-made form: al The retroactive date of the policy must be shown and must be before the date of the Agreement. b, Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Auditor must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Auditor's sole cost and expense, any extended reporting provisions of the policy, if the Auditor cancels or does not renew the coverage. d,, A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. All Policies Requirements, 4,4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VlI. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Auditor shall furnish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 5 of 13 4.4.3 4.4.4 4.4.5 4.4.6 4.4.7 Notice of Reduction in or cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thir[y (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. in the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Auditor shall provide written notice to City at Auditor's earliest possible opportunity and in no case later than ten (10) working days after Auditor is notified of the change in coverage. Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Auditor, including the insured's general supervision of Auditor; products and completed operations of Auditor, as applicable; premises owned, occupied, or used by Auditor; and automobiles owned, leased, or used by the Auditor in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Deductibles and Self-Insured Retentions. Auditor shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Auditor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Auditor procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. Subcontractors. Auditor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. Ail coverages for subcontractors shall be subject to all of the requirements stated herein. Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, ~00:4-' Page 6 of 13 such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.5 Remedies. in addition to any other remedies City may have if Auditor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Auditor's breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Auditor to stop work under this Agreement or withhold any payment that becomes due to Auditor hereunder, or both stop work and withhold any payment, until Auditor demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND AUDITOR'S RESPONSIBILITIES. Auditor shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Auditor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Auditor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Auditor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Auditor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Auditor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Auditor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. .. In the event that Auditor or any employee, agent, or subcontractor of Auditor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Auditor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Auditor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 7 of 13 Section 6. STATUS OF AUDITOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Auditor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Auditor only insofar as the results of Auditor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Auditor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary', Auditor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Auditor No Agent. Except as City may specify in writing, Auditor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Auditor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Auditor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Auditor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Auditor represents and warrants to Ci.ty that Auditor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Auditor represents and warrants to City that Auditor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at ali times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Auditor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Auditor shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 8 of 13 Section 8. 8.1 8.2 8.3 8.4 disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Auditor under this Agreement. Auditor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Auditor thereby. Auditor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. TERMINATION AND MODIFICATION. Termination. City may cancel this Agreement at any time and without cause upon written notification to Auditor. It is understood by the Parties that this Agreement is contingent upon the City adopting annual appropriations to fund this contract over its term. Auditor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. in the event of termination, Auditor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Auditor delivering to City any or all documents, manuals, computer software, computer files, and other materials provided to Auditor or prepared by or for Auditor or the City in connection with this Agreement. Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Auditor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Auditor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Auditor for any otherwise reimbursable expenses incurred during the extension period. .. Amendments. The parties may amend this Agreement only by a writing signed by all the parties. Assi_qnment and Subcontracting, City and Auditor recognize and agree that this Agreement contemplates personal performance by Auditor and is based upon a determination of Auditor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Auditor. Auditor may not assign this Agreement or any interest therein without the prior written approval of Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 9 of 13 the Contract Administrator. Auditor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Auditor shall survive the termination of this Agreement. 8.6 Options upon Breach by Auditor. If Auditor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the reports, documents, and any other work product prepared by Auditor pursuant to this Agreement; 8.6.3 Retain a different Auditor to complete the work described in Exhibits A and B not finished by Auditor; or 8.6.4 Charge Auditor the difference between the cost to complete the work described in Exhibits A and B that is unfinished at the time of breach and the amount that City would have paid Auditor pursuant to Section 2 if Auditor' had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Auditor's Performance. All reports, data, manuals, books, charts, studies, surveys, photographs, memoranda, records, files, or any other documents or materials, in electronic or any other form, that Auditor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Auditor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Auditor agree that, until final approval by City, all data, reports, and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Auditor's Books and Records. Auditor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Auditor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Auditor to maintain shall be made available for inspection, audit, Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 10 of 13 Section 10 10.1 10.2 10.3 10.4 10,5 10.6 10.7 and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. MISCELLANEOUS PROVISIONS. Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of California. Severabilit¥. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. Use of Recycled Products. Auditor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Conflict of Interest. Auditor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Auditor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Auditor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 11 of 13 10.8 10.9 10.10 10.11 10.12 Auditor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Auditor was an employee, agent, appointee, or official of the City in the previous twelve months, Auditor warrants that it did not participate in any manner in the forming of this Agreement. Auditor understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Auditor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Auditor will be required to reimburse the City for any sums paid to the Auditor. Auditor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Solicitation. Auditor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Contract Administration. This Agreement shall be administered by the City's Director of Finance ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Notices. Any written notice to Auditor shall be sent to: Mr. Cory A. Biggs, Principal Maze and Associates 1931 San Miguel Drive, Suite 100 Walnut Creek, CA 94596 Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Integration. This Agreement, including the scope of services and fees attached hereto and incorporated herein as Exhibits A and B, represents the entire and integrated agreement between City and Auditor and supersedes all prior negotiations, representations, or agreements, either written or oral.- Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 12 of 13 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO MAZE AND ASSOCIATES ACCOUNTANCY CORPORATION Michael A. Wilson, City Manager Cory A. Biggs, Principal Attest: ' Sylvia Payne, City Clerk Approved as to Form: Steven T. Mat[as, City Attorney 207532_1 Auditing Services Agreement between City of South San Francisco and Maze and Associates April 28, 2004 Page 13 of 13 EXHIBIT A SCOPE OF SERVICES AND FEES The Auditor will prepare and audit the basib financial statements of the City of South San Francisco and blended component units as of June 30, 2004, 2005, 2006, 2007 and 2008 and for the years then ended. The audit will be conducted in accordance with generally accepted auditing standards in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act as Amended in 1996; and the provision of OMB Circular A-133, and will include tests of accounting records, a determination of major programs in accordance with Circular A-133 and other procedures the Auditor considers necessary to enable it to express such an opinion and to render the required reports. If the opinion on the basic financial statements or the Single Audit compliance opinion is other than unqualified, the Auditor will fully discuss the reasons with the City in advance. The objective of the audit is to enable the Auditor to express an opinion on whether the basic financial statements are fairly presented in all material respects in conformity with generally accepted accounting principals in the United States of America and to report on the fairness of accompanying supplemental information when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on: Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States,.Local Governments, and Non-Profit Organizations. In addition, the Auditor will perform the following: The Auditor will prepare and audit the financial statements of the City of South San Francisco Redevelopment Agency and test the Agency's compliance with the Guidelines for Compliance Audits of California Redevelopment Agencies, issued by the California Office of the State Controller. . · The Auditor will prepare and audit the financial statements of the Sewer Rental Fund The Auditor will prepare and audit the financial statements of the City's Transportation Development Act, Article 3 programs. The Auditor will also test the City's compliance with the applicable provisions of the Transportation Development Act and the allocation instructions and applicable resolutions, rules and regulations of the Metropolitan Transportation Commission as required by Title 21 of the California Code of Regulations, Section 6666. Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 1 of 17 The Auditor will audit the City's Measure A fund programs for compliance with the Agreement for Distribution of Measure A Funds and issue a report as required by those regulations. The Auditor will apply Agreed Upon Procedures to the City's GANN Limit and issue a report thereon as described in the Article XIilB Appropriations Limit Uniform Guidelines issued by the League of California Cities. Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 2 of 17 AUDIT APPROACH, SCOPE AND WORK2LAN (Continued) We will start our work as soon as you appoint us your auditors, with an entrance conference in early spring. We will review your prior auditors work papers and request copies of documents needed for the audit as part of our preparation of the detail audit plan we will present on or before March 15. We will also prepare our Interim ChecMist, requesting items we need from you and items not provided by your prior auditor. Our final audit will commence on October 4, when we will collect the balance sheet reconciliations and other items on our Annual Closing Checklist from you and bring it back to our office. We will review draft financial statements and reports with you on October 18, when we start our work in your offices. We will present you with final drafts of our reports on October 29, the last day of our audit field-work. Our proposed Time Line follows: May: Final Award, execute contract May- June 30 (Interim work can be performed anytime from May to June): Entrance 'conference Complete interim audit tests Review GFOA comments, if available Update financial statements formats and disclosures Prepare Annual Closing Checklist Prepare Accounting Issues Memorandum Prepare draft recommendations Interim exit conference July: Second interim--complete GASB 34 acdounts and report conversion August- October 4: Cit-), closes books, completes preparation of data on Annual Closing Checklist October 4-18: We review and reconcile balance sheet reconciliations and Annual Closing Checklisti.nformation We perform Parmer Level Analytical Review of f'manciaI statements October 18 -29: Final phase entrance conference, start of year-end field-work in the City's office Discuss results of Analytical Review Complete Fund-level year-end audit tests and prepare draft En~ity-wide financial statements Finalize all draft financial statements, Memo on Examination and recommendations Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit/-', April 28, 2004 Page 3 of 17 AUDIT APPROACH, SCOPE AND WORKPLAN (Continued) November 1-12' City reviews draft financial statements and recommendations Cil3, drafts Management's Discussion & Analysis for City, and RDA We complete "cold" review of entire CAFR and other reports November 14: We receive comments and changes from City and meet to awee on final amounts and wording We issue final reports and recommendations for ail entities We pe. rform limited procedures on M D & A November 29 Final CAFR delivered to the City for printing All other final reports and recommendations issued This timeline is more ag~essive than that outli~ed in your Request for Proposal, but it can be achieved if the Cils, can meet its responsibilities timely, especially with respect to the drafting of the Management's Discussion & Analysis. Our audit effort is designed to assist you in achieving these goals. Our experience is that if parts of the work must be delayed, the Single Audit Act'Work is the most logical portion to delay because the deadline for the filing of these reports is March 31. Auditing oe~lc~,s Agreement between ^ ~: v City of South San Fra"..a. cisco and Maze and ~-,ssociate~--E^hibit A April 28, 2004 Page 4 of 17 CITY OF SOUTH SAN FRANCISCO Proposed Engagement Segments and Budget Audit Activities Planning & budget/Confirm/Checklists Minutes-resolutions .Report Supervision/review Conferences & meetings Management letter Accounting Issues Memo Analytical review/Memo on Exam Adjustments Internal Control Evaluation Information Systems Review Cash & Investments Reven u e/Receiv a bi es Interfu n ds Notes/loans receivables Capital Assets Other Assets Current liabilities Payroll/Accrued liabilities Other liabilities and miscellaneous Long-term debt Fund balance & net assets Self insurance/claims Conference Center Integration GASB 34 Entity Wide .Staiements: Capital assets Consolidation/reconciliation Entity-wide statements Internal service funds Management's discussion & analysis Revenue allocation Subtotal - Comprehensive Annual Financial Report Partners Review }Alternate 2.00[ 6.00 3.00 12.00 2.00 1,00 1.00 4.00 Budgeted Hours Supervisor 12.00 8.00 24.00 60.00 6.00 2.00 3.00 8.00 1.00 3.00 4,00 1.00 8.00I Associates 16.00 2.00 2.0O I6.00 40.00 24.00 10.00 12.00 24.00 4.00 24.00 24.00 12.00 40.00 6.00 12.00 2,00 2.00 4.00 1.00 2.00 6.00 4.00 4.00 2.00 3.00 28.00 3.00 ]49.00 289.00 Admin. 4.00 1,00 5000 Total 14.00 8.00 53.00 72.00 8.00 6.00 6.OO I2.00 1.00 19.00 4.00 40.00 24.00 I0.00 12.00 24.00 4.00 24.00 24.00 12.00 40.00 7.00 12.00 8.00 2.00 8.00 6.00 4.00 6.00 4.00 474.00 Auditing Se~ices.Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 5 of 17 CITY OF SOUTH SAN FRANCISCO Proposed Engagement Segments and Budget Redevelopment Agency Single Audit (1 Program) Sewer Rental Fund Me~sure A Sales Tax Fund Transportation Development Act Program GANN Limt Report State Transportation .Improvement Program GRAND TOTAL 4.00 2.00 12.00 40.00 4.00 62.00 2.00 16.00 40.00 2.00 60.00 2.00 6.00 19.00 1.00 28.00 1.00 3.00 8.50 1.00 13.50 1.00 3.00 8.50 1.00 13.50 0.50 1.00 4.50 1.00 7.00 1.00 3.00 8.50 1.00 13.50 39.50 5.00 193.00 418.00 16.00 671.50 OPTIONAL SERVICES: Preparation of the ComprehensiveAnnual Financial Report Proforma Input Data Assemble statistical section Assemble Introductory section Page number and prepare for printer GRAND TOTAL 2.00 4.00 32,00 24.00 12.00 8.00 4.00 g.O0 0.00 0.00 50.00 24.00 8.00 4.00 S.oo 2.00 0.00 4.00 56.00 32.00 94.00 Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 6 of 17 FEES/COMPENSATION Total Cost of 2004, 2005, 2006, 2007, and 2008 Audits Our Total All-inclusive Maximum Price for our engagements are £n'm fixed fees; as detailed on the following pages. To make your job easier, GASB 34 audit costs have been shown separately. The cost of the audit has been reduced each year to reflect the City's input of year-end accounting data using our financial statement formats and Excel schedules. Price and Billings Our fees are fn-m fixed prices. In determining our fees, we understand that the City's records will be in condition to be audited; that is, transactions will be properly recorded in the general ledger and subsidiary records, .these accounting records and the original source documents will be readily available to use, we will be furnished with copies of bank reconciliations and other reconciliations and analyses prepared by the City and City personnel will be reasonably available to explain procedures, prepare audit correspondence and obtain files and records. We do not post separate rate structures for municipal audit work. We view this work as being every bit as important and valuable as the work we perform for other clients and we put our best people on it. As in the past, any consulting work you request will be performed at the same rates as our audit work. We will bill monthly, based on actual costs incurred. Cost Rationale We are quite confident we will complete the work in the time budgeted. But we thought you should know the rationale we used to arrive at our budget. You should know that we finish what we start, regardless of the accuracy of our budgets. Since municipal auditing is our principal business, we have no need to assign staff and add hours simply because our people are available and need experience, as is the case with most fn-rns. At the same time, we do not need to discount our work, since w...e do not need to offset the inefficiencies of inexperienced staff people. And we keep the City's '~nidden costs"--tkne spent with auditors--to a minimum. We do more work in less time because our people are much better trained and we use a much more efficient audit approach. All our people receive two or three times as much training as their contemporaries in other fn-ms. This training is very intense, very inter-active, very practical and is 100% municipal audit related. Since nearly ail our work is.municipal audit, our people average 1,500 hours of municipal experience annually as they quickly gain experience to match their-training, which makes them much' more efficient at municipal auditing than their contemporaries. Not only do they understand your problems, they have seen how your peers are solving them. Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 7 of 17 FEES/COS'IPENSATION (Continued) Since so much of our practice is frxed-price municipal work, we have been under constant pressure for years to increase our efficiency without simply shifting work to clients. We have responded with some real innovations. Performing our Analytical Review of financial statements before we begin our year-end audit forces the Partners to get actively involved early and ~ve Directors, Senior Associates and Associates the direction they need. Computerizing the entire f'mancial statement m~d trial balance preparation cut out a huge number of hours while it increased accuracy, as did the mini-networks of computers and printers we bring to your office. Our Closing Checklist forces us and our clients to plan the year-end and identify closing problems at interim, months in advance. And our heax~y emphasis on accomplishing major segments of the work at interim brings audit problems to light much earlier and takes much of the pressure off your staff at year end. Basically, we have disproved the assumption that the quality of the audit is a direct function of the number of hours expended. Instead we have proved there are much more efficient ways to audit and we have used much of those time savings to increase the thoroughness and depth of the audit. Basic Audit Services. Our price includes all the basic audit work and reports, statements and other deliverables specified in your request for proposal. Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 8 of 17 CITY OF SOUTH SAN FRANCISCO SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDITS OF THE FINANCIAL STATEMENTS FOR THE YEARS ENDED JUNE 30: Comprehensive Annual Financial Report: Partners Hourly Hours Rates 2004 31.00 $295 $9,145 Supervisory staff' 149.00 100 14,900 Staff 289.00 65 18,785 Other: Administrative Staff 5.00 60 300 T'otal Comprehensive Annual Financial Report 474.00 43,130 Additional Reports: Redevelopment Agency Single Audit (1 Program) Sewer Rental Fund Measure A Sales Tax Fund GANN Limt Report State Transportation Improvement Program Out-of-pocket expenses (1) 62.00 5,810 6O. 00 4,910 28.00 2,485 13.50 1,208 7.00 600 13.50 1,208 Total all-inclusive maximum price: 658.00 $59,350 Opt-ional Services: Preparation of the Comprehensive Annual Financial Report Printing costs for 50 copies -third party vendor 94.00 $6,55O 900 Total Optional Services $7,450 _. NOTES: (1) Out-of-pocket expenses are included in our standard hourly rate. (.2) 'Our policy is-to attempt to keep our clients fees constant after inflation. Therefore, the fees for years subsequent to 2004 have been adjusted for the 2003 CPI increase of 3.1% for the Sewices Sector of the U.S. Department of Labor, Bureau of Labor Statistics for the San Francisco-Oakland Area. (3) The City has indicated that the retroactive restatement for infrastructure will take place in fiscaI 2005-2006. Fees for that year have been increased for 40 hours of staff time and fees of $2,800. Subsequent years have been reduced as the work is non recurring. (4) Printing c~s~cs are estimated based on a quote from our third party printer. Actual costs will be billed directly to the City by the third part3, vendor. Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 9 of 17 Totals 2005 2006 2007 2008. $9,42 8 $9,720 $10,021 $10,332 15,3'62 15,838 . 16,329 16,835 19,367 22,767 20,586 21,224 309 319 329 339 44,466 48,644 47,265 48,730 5,990 6,176 6,368 6,565 5,063 5,220 5,382 5,548 2,562 2,641 2,723 2,807 1,245 1,284 1,324 1,365 619 638 658 678 1,245 1,284 1,324 1,365 $61,190 $65,887 $65,044 $67,058 $6,753 $6,962 $7,177 $7,400 928 957 987 1,018 $7,681 $7,919 $8,164 $8,418 Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 10 of 17 CITY OF SOUTH SAN FRANCISCO SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FEE ALLOCATIONS Total Price Allocations of Common Costs 2004 2005 2006 2007 2008 Federal Aviation Grant Special Revenue Fund $316 $325 $356 $346 $357 Communi~ Development Block Grant 385 397 435 422 435 Measure A Sales Tax Special Revenue Fund 465 479 524 509 525 Sewer Rental Enterprise Fund 4,727 4,874 5,332 5,180 5,341 All other portions of.the General City Audit 37,237 38,391 41,998 40,807 42,072 Total CAFR costs $43,130 $44,466 $48,644 $47,265 $48,730 INSole: ' As pro¥ided for in OMB Circular A-87,.Cost Principles for State, Local, and Indian Tribal Goyernments, Costs have been prorated based on 2002 expenditures/expenses. These common costs are in addition to costs listed on the prior page for separately issued reports Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 11 of 17 CITY OF SOUTH SAN FRANCISCO SCHED~E OF PROFESSIONAL FEES AND EXPENSES SUPPORTING SCHEDIYLE FOR THE Redevelopment Agency Hourly Totals Hours Rates 2004 2005 2006 2007 2008 Partners 6.00 $295 $1,770 $1,825 $1,882 $I,940 $2,000 Supervisory staff 12.00 100 1,200 1,237 1,275 40.00 65 2,600 . 2,681 2,764 1,315 "Staff 2,850 1,356 Other: Administrative Staff 2,938 4.00 60 240 247 255 263 271 Total for this Report 62.00 $5,810 $5,990 $6,176 $6,368 $6,5~5 CITY OF SOUTH SAN FRANCISCO SCHEDULE OF PROFESSIONAL FEES AND EXPENSES SUPPORTING SCHEDULE FOR THE Single Audit (1 Progam) Hourly Totals Hours Rates 2004 '2005 2006' 2007 2008 Partners 2.00 $295 $590 $608 $627 $646 $666 Supervisory staff ~- 16.00 100 1,600 1,650 1,701 Staff 40.00 65 2,600 2,681 2,764 ..- 1,754 Other: Administrative Staff 2.00 60 120 124 .' 128 2,850 132 1,808 Total pr!ce for this Report 2,938 136 60.00 $4,910 $5,063 $5,220 5;5,382 $5,548 Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 12 of 17 CITY OF SOUTH SAN FRANCISCO SCHEDULE OF PROFESSIONAL FEES AND EXPENSES SUPPORTING SCHEDULE FOR THE Sewer Rental Fund Hourly Totals Hours Rates 2004 2005 2006 2007 2008 Partners 2.00 $295 $590 $608 $627 $646 $666 Supervisory staff 6.00 100 600 619 63 8 658 678 Staff 19.00 65 1,235 1,273 1,312 1,353 1,395 Other: Administrative Staff 1.00 60 60 62 64 66 68 $2,723 Total price for this Report 28.00 $2,485 $2,562 $2,641 $2,807 CITY OF SOUTH SAN FRANCISCO SCHEDULE OF PROFESSIONAL FEES AND EXPENSES SUPPORTING SCHEDULE FOR THE Transportation Development Act Program Hourly Totals Hours Rates 2004 2005 2006 2007 2008 Partners 1.00 $295 $295 $304 $313 $323 $333 .Supervisory staff 3.00 100 300 309 319 329 339 Staff 8.50 65 553 570 588 606 625 Other: Administrative Staff 1.00 60 60 62 64 66 68 $1,324 Total for this Report 13.50 $1,208 $1,245 $1,284 $1,365 Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 13 of 17 CITY OF SOUTH SAN FRANCISCO SCHEDULE OF PROFESSIONAL FEES AND EXPENSES SUPPORTING SCHEDULE FOR THE Measure A Sales Tax Fund Hourly Totals Hours Rates 2004 2005 2006 2007 2008 Partners 1.00 $295 $295 $304 $313 $323 $333 3.00 100 300 309 319 329 339 , 8.50 65 553 570 588 606 625 1.00 60 60 62 64 66 68 Supervisory staff Staff Other: Administrative Staff Total for this Report 13.50 $q,208 $1,245 .$1',284 · $1,324 $1,365 CITY OF SOUTH SAN FRANCISCO SCHEDULE OF PROFESSIONAL FEES AND EXPENSES SUPPORTING SCHEDULE FOR THE GANN Limt Report Hourly Totals Hours Rates 2004 2005 2006 2007 2008 Partners 0.50 $295 $148 $152 $157 $162 $167 106 311 Supervisory staff i .00 100 100 103 109 321 Staff ~ 4.50 65 293 302 112 331 Other: Administrative Staff 1.00 60 60 62 64 66 68 $638. T°tai for this Report 7.00 $600 $619 $658 $678 Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page.14 of 17 CITY OF SOUTH SAN FRANCISCO SCI-IEDULE OF PROFESSIONAL FEES AND EXPENSES SUPPORTING SCHEDULE FOR THE State Transportation Improvement Pro,am Hourly Totals Hours Rates 2004 2005 2006 2007 2008 Partners 1.00 $295 $295 $304 $313 $323 $333 Supervisory staff 3.00 100 300 309 319 329 339 .Staff 8.50 65 553 570 588 606 625 Other: Administrative Staff 1.00 60 60 62 64 66 68 Total for this Report 13.50 $1,208 $1,245 $1,284 $1,324 $1,365 CITY' OF SOUTH SAN FRANCISCO SCI-{EDULE OF PROFESSIONAL FEES AND EXPENSES SUPPORTING SCt-IED~E FOR THE Comprehensive.Annual Financial Report Hourly Totals Hours Rates 2004 2005 2006 2007 2008 Partners 2.00 $295 $590 $608 $627 $646 $666 Supervisory staff 4.00 100 400 412 425 438 452 staff 56.00 65 3,640 3,753 3,869 Other: Administrative Staff 32.00 60 1,920 1,980 2,041 . 3,989 2,104 $7,'177 Total for this Report 94.00 .$6,550 $6,753 $6,962 4,113 2,169 $7,400 Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 15 of 17 ADDITIONAL SERVICES Rule I Sc 2-I2 Effective for debt issued after July 3, 1995, the Securities and Exchange Commission adopted amendmehts to its Rule 15c2-12 which require issuers of new municipal debt to provide certain annual financial information to desig-nated information repositories. To ensure proper'legal compliance you may need to consult with your bond counsel to determine your specific disclosures requirements. However, unless the City commits to some unusual disclosures in its bond indentures, the majority of the required information should already be disclosed in the statistical section of your CAFR. Any additional required disclosure could easily be added to your financial statements. If you issue any new debt we will review your required disclosure with you and your bond counsel and help you determine the appropriate means of disclosing this information. This minor additional disclosure in your CAFR can save you considerable amounts of money by eliminating the need foe a separate disclosure document and the attendant costs. Other Services We have performed a variety of additional services for our clients, although our services have always been limited those closely related to'auditing and accounting. We normally use auditors or accountants to perform these services, and have never employed or contracted with consultants. The General Accounting Office has now significantly narrowed the scope of non-audit services that may be offered, but we have been only marginally impacted by this action because we have never depended on consulting services for our business. Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 16 of 17 ADDITIONAL DATA AND NO FEE SERVICES Study Session With City Council We have a program of Study Sessions for City Councils, at which we can provide far more detail about the content of the Comprehensive Annual Financial Report. We also explain in depth'what a financial statement audit entails and answer Council-members' questions in detail. There is no cost for this pro,am. We have selected the client cities below as references because their population exceeds 50,000, they are at least as large and complex as the City, or the people assigned to your audit have played important parts in these engagements. However, we encourage you to call any of our clients for a reference. Other Support Our price includes all the basic audit work and reports, statements and other deliverables"specified in 5'our request for proposal. Our price also includes the items below at no additional cost: 1) year-round support and telephone consultation on pertinent issues affecting your City, 2) copies of our journal entries and our leadsheets used to support the amounts in your financial statements, 3) active Partner involvement in your work every year at both interim and final, 4) Color Graphs or Color Coded statistical information camera-ready for inclusion in your f'mancial statements, 5) SpeciaI Emphasis Areas, in each year's audit, selected by you as part of the annual audit, 6) our typed Interim Audit Checklist, 7) our typed Annual Closing Checklist, 8) our typed interim Accounting Issues Memorandum, .9.)preliminary draft financial statements at interim, 10) participation, on request, in panels evaluating applicants for Finance Department positions, 11) answers to most municipal payroll tax questions, 12) reference library of California CAFR award-winners. Client Alerts Our heaw emphasis on early identification of audit problems as part of our interim audits has lead us to issue Client Alerts to ail our clients. We have included an example of a past letter on the following page. Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit A April 28, 2004 Page 17 of 17 Mr. Cory A. Biggs, Principal Maze & Associates 1931 San Miguel Drive, Suite 200 Walnut Creek, CA 94596 EXHIBIT B October 16, 2003 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Request for Proposals of Audit Services The City of South San Francisco invites Certified Public Accounting firms to submit proposals for a five-year contract to perform annual financial statement audits and Single Audits of the City and it's blended component units starting with the fiscal year ending June 30, 2004. Four copies of proposals in accordance with the requirements set forth in this request should be submitted to: BY MAIL: Dav/d Woo Assistant Director o f Finance City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 BY DELIVERY SERVICE: David Woo Assistant Director of Finance City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Due date for receipt of these proposals is 5:00 PM, Wednesday, November 26, 2003. Questions regard/rig this request may be directed to David Woo at (650) 877-8506 or at dav/d.woo~ssf, net. Sincerely, Jim Steele Director of Finance Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit B April 28, 2004 Page 1 of 8 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Request for Proposals of Audit Services October 16, 2003 Page 2 of 8 (i) Back~ound of the Client The City of South San Francisco is a general law city under the City Council/City Manager form of government. It is a full-service City with its own police, fire, public works, recreation, maintenance, economic development, and library departments. There is an elected City Treasurer. The City does not bill utilities. The County Tax Collector bills property owners for City-operated utilities, consisting of sewer and storm drainage, and apportions the revenue to the City. Garbage collection and water service are provided by franchisees or third-parties. The City, with a population of 60,577, operates with 509 budgeted positions, with a general fund operating budget of $52.2 million and another $50 million in ongoing capital projects. The City's active Redevelopment Agency, with its four project areas and a housing fund, and the City's Capital Improvements Financing Authority are blended component units; a separate report is required only on the former. The City's Conference Center Authority is a discrete component unit with about $2.7 million in revenues and a separate accounting system. Another CPA firm audits it, under a separate contract that is not part of this RFP. The City's auditor will need to coordinate reporting with the Conference Center's auditor. The City desires to maintain their f'mancial reporting awards from both the Govermnent Finance Officer Association and the California Society of Municipal Finance Officers. The City implemented GASB 34 and associated pronouncements during the fiscal year ending June 30, 2003. The City will retroactively implement their historical costs of infrastructure and has elected to depreciate infrastructure additions. The City's financial reporting team consists of two accountants, two financial analysts, and the Assistant Finance Director. They together have compiled the CAFR for the past two years. The Assistant Finance Director has seven years experience in governmental reporting with the City and County and the accountants and analysts have three to ten years experience in the City between them. The City uses a legacy accounting system that is eleven years old. The information technology department of the City of Redwood City manages the system for South San Francisco on a contract basis. The system has moderate drilldown capabilities from the general ledger into journal vouchers, accounts payable, purchase orders, and accounts receivable entries. The system prints the monthly and year-end reports needed for the audit. (II) Contract Term The contract will be for five years covering the fiscal years ending June 30, 2004 through June 30, 2008. The City reserves an option to extend the term of the Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit B April 28, 2004 Page 2 of 8 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Request for Proposals of Audit Services October 16, 2003 Page 3 of 8 contract for an additional year covering the fiscal year ending June 30, 2009 if both the City and audit finn agree. The City, upon thirty days notice, may terminate the contract at any time if the audit firm fails to provide reports when due without reasonable cause and without prior approval of the City or if the City determines that audit services are unsatisfactory. Scope of Annual Services Required General City Audit for CAFR. Examine the City's basic financial statements and express an opinion on such statements. Apply the necessary limited procedures on Management Discussion and Analysis and Required Supplemental Information. The financials include approximately 80 funds, including six major governmental funds aside fi'om the general fund, consisting prhnarily of the Redevelopment Agency. There are three enterprise funds, all considered major funds. The examination shall be done in accordance with generally accepted auditing standards and Government Auditing Standards. The client would most likely compile and pl4nt the CAFR themselves, however, the client would like to reserve the option, at the onset of each year's engagement, of having the auditor do the compilation; therefore the client requests that proposals reflect optional pricing for this every year. The City's most recent CAFR, pre-GASB 34, is enclosed. Reports required. Client desires to issue CAFR by December 15. The client will compile and print the report. Single Audit. Client will provide preliminary schedule of federal award expenditures. Auditor shall compile and print the entire Single Audit report and the Federal clearinghouse data collection form. The most recent Single Audit report is enclosed. Reports required. Due date for ten bounded Single Audit report copies and one unbounded copy is March 23. The data collection form is due at the same time. The report shall consist of all required auditor reports including: 1. Independent Auditor's Report on Schedule of Expenditures of Federal Awards 2. Schedule of Expenditures of Federal Awards and accompanying notes. 3. Independent Auditor's Report on Compliance and on Internal Control 4. Independent Auditor's Report on Compliance with Requirements in Accordance with OMB Circular A-133 5. Schedule of Findings and Questioned Costs Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit B April 28, 2004 Page 3 of 8 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Request for Proposals of Audit Services October 16, 2003 Page 4 of 8 Redevelopment A~encv. This blended component unit consists of capital project and debt service funds for the four project areas and the housing fund. The supplemental financial statement presentation within this report will differ from the basic financial statement presentation in order to meet State Controller reporting requirements. Most recent report is enclosed. Reports required and due date. Auditor shall render an opinion, compile, and print a report consisting of the following by December 15. Ten bounded and one unbounded copy needed: 1. Independent Auditors Report expressing opinion on financial position 2. Component unit. financial statements and supplemental information 3. Independent Auditor's Report on Internal Control Structure 4. Independent Auditor's Report using Guidelines for Compliance Audits of California Redevelopment Agencies Measure A Sales Tax Fund. There is a sales tax increment used for transportation, reported as a special revenue fund in the CAFR, which needs to be audited and reported separately to San Mateo County. Can be done as part of General City Audit. Auditor shall compile and print the entire report and mail to appropriate agencies. Ten bound copies and one unbound copy are needed by December 15. Sewer Rental Fund. This is the predominant enterprise fund in the CAFR that needs to be audited and reported separately for debt issuance requirements. Can be done as part of General City Audit. Auditor shall compile and print the entire report. Ten bound copies and one unbound copy are needed by December 15. Metropolitan Transportation Commission Transportation Development Act (MTC-TDA). Render an opinion on revenue and expenditure statement of TDA Article-3 grant activities. Auditor shall compile and pr/nt five bound and one unbound copy of the entire report by December 15. Auditor shall mail report to appropriate agencies. Gann Appropriations Limit. Perform agreed-upon procedures on the Gann Appropriations L/mit computation done by the client. Auditor shall produce five copies reporting their results by December 15. Manaaement Letter. Report on internal control material weaknesses and provide findings and recommendations based on a consideration of the City's internal control structure done in conjunction with the audit of the Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit B' April 28, 2004 Page 4 of 8 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Request for Proposals of Audit Services October 16, 2003 Page 5 of 8 City's financial statements, as required by the Statement of Auditing Standards. The report is due March 23. Independent Auditor's Report on Compliance with State Transportation Improvement Pro,am. During the length of the audit contract, the client, -- on an ad-hoc basis, will request an examination of the client's assertions stated in their Final Project Expenditure report to the state Department of Transportation. The billable rates for this work should be at the same hourly rates stated for basic services provided under this contract. Provide consultation on accounting and compliance issues as-may be required throughout the contract period. Auditor shall attend City meetings to discuss the audit and management letter, if required. Additional services beyond these must be authorized in advance. The firm must submit to the City, in writing and in advance, the reasons for the additional services and an estimate of the fees prior to beginning the work. Charges for additional audit-related services must be at the same hourly rates as for basic services provided under this contract. (IV) Auditor/Client Responsibilities In addition to the responsibilities mentioned above, other auditor and client responsibilities are as follows: a Client can prepare confirmations, using template provided by auditors b Auditor shall provide "prepared-by-client" request list at least one month before anticipated fieldwork start dates. c Client keeps the ledger open until all audit adjustments are booked. d Client does not prepare formal work/ng trial balances for the auditors to help them audit the transition from the general ledger to the CAFR. Client uses Excel to compile the fund-level and entity-wide statements directly from trial balances produced fi-om the general ledger. Entity-wide entries are not booked on the general ledger. Printed thai balances consist of: i. Balance sheet by fund ii. Revenues by fund iii. Expenditures by various levels of the chart of accbunt hierarchy e Client may purchase a new Human Resource, Payroll and Accounting system during the latter part of this audit contract. (V) Engagement Timing Audit proposals should describe their audit approach, work plan, and timing based on the report due dates described above. Include depth of Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit B April 28, 2004 Page 5 of 8 CITY OF SOUTH SAN FRANCISCO, CALIFOKNIA Request for Proposals of Audit Services October 16, 2003 Page 6 of 8 work, staffing and time estimates. Indicate assumptions regarding work to be performed by City staff including those mentioned in Section (IV) - Auditor/Client Responsibilities. The client has the existing year-end close schedule: i. Accounts payable and accounts receivable closed by August 15 ii. Journal entries and general ledger ready for substantive testing by October 1. The client is open to proposals to change this schedule slightly, however the auditor needs to propose ways for us to be able to accomplish such a change. (VI) Personnel Personnel assigned to the job must have sufficient government experience to perform the required services. Responses should guarantee, to the extent possible, the degree of continuity of personnel. Resumes of assi~ed and alternate pxincipals and staff should be included in this proposal. The City reserves the right to request replacement of any member of the audit team prior to or during the course of the audit. The City also requests advanced notification of changes in the audit team by the firm, with the fu-m providing qualifications if requested. (VII) Fees All fees shall be proposed on a not-to-exceed basis and shall include all costs for clerical, travel, per diems, report preparation and out-of-pocket expenses. Attendance at all meetings of the City relating to matters concerning the audit and ongoing consultation on accounting and compliance issues shall be considered part of the proposal amount. Indicate assumptions regarding work to be performed by City staff including those mentioned in Section (IV) - Auditor/Client Responsibilities. Proposals should assume no installation of a new Human Resource/Payroll and Accounting system. For each engagement year, please indicate the proposed hours and fee per staff classification in each of the follo~_ng areas: General City Audit (please breakdown fee and hours into these areas for the City's internal billing purposes): 1. Federal Aviation Grant Special Revenue Fund Audit 2. Community Development Block Grant Special Revenue Fund Audit 3. Measure A Sales Tax Special Revenue Fund Audit Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit B April 28, 2004 Page 6 of 8 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Request for Proposals of Audit Services October 16, 2003 Page 7 of 8 ii. iii. iv. V. 4. Sewer Rental Enterphse Fund Audit 5. All other portions of General City Audit Single Audit Redevelopment Agency Audit MTC-TDA Audit Garm Appropriations L/mit For example, show how many billable hours and dollars principals, managers, in-charges, and field staff will spend in each of these areas, producing the reports listed in Section III Scope of Annual Services Required. As mentioned previously, please indicate separately the annual cost for the option of the auditor compiling the CAFR. Format and Content of Proposal . Name and principal address of firm. . Location of the local office(s) from which the audit team will be based and the number of palmers, managers, supervisors, sen/ors, and other professional staff employed at those office(s). o Describe fl~e range and percentage of activities perfonr~ed by the local office, such as audit, accounting, tax or consulting services. . Describe the local office's relevant government audit, consulting, and accounting experience. Provide five recent references including telephone numbers and contact persons. Reference listing should designate which members of the proposed audit team worked on that audit. o Describe the fu-m's experience in assisting clients, to implement GASB 34 and related pronouncements. . Give an example of one of the most helpful management letter comments Or audit findings that the firm has made recently to a government client. It should involve pointing out a material weakness that the client was not aware of and which you wanted them to correct. Descr/be how the firm presented the recommendation to the client, and how it was received by them. Describe the composition and relevant experience and education of the audit team members, as indicated in Section (VI) - Personnel. Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit B April 28, 2004 Page 7 of 8 CITY OF SOUTH SAN FRANCISCO, CALIFORNIA Request for Proposals of Audit Services October 16, 2003 Page 8 of 8 . Describe the firm's cormnitment and ability to provide the sen, ices requested in Section (III)- Scope of Annual Services Required. Provide audit approach, work plan, and timing to accomplish this as indicated in Section (V) - Engagement T/mi_ng. 9. Provide fee data as indicated in Section (VII) - Fees. 10. Finns should be willing to operate under the terms described in the enclosed Agreement for Services template including insurance requirements. 11. Submit four proposal copies as mentioned in the cover page of this request. Selection Process Finance Department staff will review all responses received. If necessmaj, finalists will be invited for oral interviews. Anticipate award of the contract by early 2004. Enclosures o 2. 3. 4. 5. 6. Organization chart of Finance Department. June 30, 2002 Comprehensive Annual Financial Report (pre-GASB 34) June 30, 2002 Redevelopment Agency Report June 30, 2002 Single Audit Report June 30, 2002 Management Letter Agreement for Services template Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit B April 28, 2004 Page 8 of 8 EXHIBIT C INSURANCE CERTIFICATES TM. PRODUCER KOSICH & CALLAHAN INSURANCE SERVICF. S 3435 MT. DIABLO BLVD, STE. 300 LAFAYETTE CA 94549 PHONE: 925-284-3911 FAY.: 925-284.3919 Apency Lie#: 0802662 INSURED . MAZE & ASSOCIATES ...... 1931 SAN MIGUEL DRIVE WALNUT. CREEK CA 94596 .. .. · .. , COVERAGES L.,F..I'~I It"IL.,/.41: Ut" Li/.ADILI I T ir~...hUl'euAlr~iL,:. J MARIB04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND DR ALTEE THE COVERAGE AFFORDED BY THE POLICIES BELOW. iNSURERS AFFORDING COVERAGE I NA)C # INSURER A: Republic Indemnity Co. of California INSURER B: " INSURER C: " INSURER D: INSURER E: THE POLICIE.~ OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUlREIViENT, TERM OR CONDITION OF ANY CONrTRACT OR OTHER DOCUMENq' WITE RESPECT TO WHICH THIS CERTIFICATE MAY EE ISSUED OR IVlAY PERTAIN. THE INSURANOE AFFOP,,DED BY THE POLICIEE DESCRIBED H---'REIN IS SUBJECT TO ALL THE TERMS, -:~KCLUSIONS AND CONDFI'ION~E OF SUCH POLICIES AGGREGATE LIMITE SHOWN MAY HAVE EEEN REDUCED BY PAID ~LAIMS. ~.~ TYPB OF INSUP, ANCE } POLICY NUMBER I I~DATE .... IMi/i/DEFFEL-T/V£ i POL)CY EXPIP'ATION lOPs'Y] DATE f~'~MIDD/YY) LIMITS BENER. AL LIABILITY 'EACH OCCURRENCE I COMMERCIAl GENERAL LIABILITY I CLAIMS MADE ~ OCCUR  PERSONAL & ADV INJURY · GENE"r~L AG&REGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OF AGG. ._ L ~.~DMDI31LE LIABILITY COMBINED SINGLE LIMIT At~/' AUTO ALL OWNED ALITOS BODILY INJUFL~Y -- {'Per person) .... SCHEDULED AUTOS -- HIRED ALFFOS ~ODILY INJURY NON-OWNED AUTOS (Fer accident). . · PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY- EA ACCIDEI~' AUTO ONLY: AGG -~XCES$ I UMBEREt. LA LIABILITY EACH OCCURRENCE WOI~KE~SCOMP~.NSATIONAND 1507660.3 JAN 1 04 JAN 1 05 Iw:~rA~ J i°;"z~' TORY LIk~IT~ EMPLOYEES' LIABILITY ~LEACH ACCID~4T ANY p P, O P RI _~T OR/PA RTI~ E R/F__XE :LrFIVE DFF~CER/hleMaEI~ EXCLUDED? E.L DISEASE-ER EMPLOYEE SPECIAL PROVISIONS below E.L DtEE. AEE.POUCY LIME 1,600,000 1,000,000 1,000,000 OTHER: DESCRIPTION OF OPERATIONSILOCATIONNEHICLESIEXCLUSIONS ADDED ENDORSEMENT/SPECIAL PROVISIONS PROOF OF INSURANCE FAX t;50=829-6614 CERTIFICATE HOLDER I I ADDITIONAL INSURED; iNSURER CiTY OF SOUTH SAN FRANCISCO ASSISTANT DIRECTOR OF FINANCE P.O. BOX $711 SOUTH SAN FRANCISCOS, CA 9¢060 Attention: DAVID WOO ACORD 25 (2001/08) Certificat~ # CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIE$ EE CANCELLED BEFORETHE ED~PIRATION DATE THEREOF. THE ISSUING COMPAh,rY WILL ENDEAVOR TO MAIL 10 DAYE WRFFFEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO ~E LEFT, BUT FAILURE TO DO SD SHALL IMPOSE NO OBLIGATION OR lIABILITY OF ANY KIND UPON THE IN,UP, ER. IT'S AG~TS OR REPRE~EhITAT1VES. AUTHORIZED REPRESENTATIVE 3282 Kenneth R. Kosich Auditing Services Agreement between. City of South San Francisco and Maze and Associates-Exhibit C April 28, 2004 Page l of ~ Tha CPAs' Jnsurancs Company 1235 R~dio R~d, Redwoo~ Ci~, CA ~06~1217 650.802.2500 / ~00.652.1~2 ~ 650.80~27~/888A-OAMIO0 (422-6426) ~.~.camJco,com C_&MICO MUTUAL INSUR_ANCE COM~AI~ (CA_MICO) CERTI~CATE OF [NS~CE Date: March 18, 2004 City of South San Francisco Dav/d Woo, Assistant Director of Finance P.O. Box 711 South San Frmacisco, CA 94083 Maze & Associates 1931 San Mi~el Drive, Ste 200 Walnut Creek, CA 94596 Policy No.: C.&L02998-16 This is to certify that as of the date hereof a CAMICO policy of accountant's professional 1/ability hasurance inmg Maze & Associates as the Named Insured is in effect. The pol/cy p~iod of such policy is 01/0!/2004 to 01/01/2005 and the per claim/aggregate 1/mits of liability thereunder are 2,000,000.00/2:000,000.00 respectively. Such insurance is subject to cancellation as provided in the policy md to non-renewal by the Company or by the Named Insured. Coverage is subject to all the terms and conditions of the policy. By issuing th_is Certificate, CA/v~CO undertakes no obligation to in_~orm an5, person of the cancellation or nonrenewal of the policy or of exhaustion of the lirrfits of Iiability thereunder. CAM/CO IVI-UTUAL [NS~CE BY ~ .... .. .Pdc Rosa_ho Vice President of Risk Management Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit C .~,p~, 2004 Page 2 of,g"~ ¥~J'r~ In good ALLSTATE INSURANCE COMPANY AMENDED DECLARATIONS SPECIAL FORM CUSTOMIZER POLICY NO. 050282793 CHANGE EFFECTIVE' 04/02/2004 1. The Insured MAZE & ASSOCIATES INC. Mailing Address 1931 SAN MIGUEL 200 WALNUT CREEK, CA 94596-5368 , , LOCATION OF INSURED PREMISES' 1931 SAN MIGUEL 200 WALNUT CREEK, CA 94596 MASONRY OFFICE Policy Period from 08/11/2003 to 08/11/2004 Beginning and ending 12:01 A.M. , Standard Time at the address of the insured stated above. The Insured is a CORPORATION ADDITIONAL INTERESTS This 'policy a'lso"covers'the"interests of' any ofthe'following wh'e'n'"i'ndicated"by"an ..... X ..... and' named"beiow:" _~ The lvlortgagee under [----] The Loss Payee under ~ Other Coverage A- Part One Coverage A- Part Two The ASditional Insured .[--~ for Leased Premises, under Coverage B - Part One Name SEE BU5575-3 The Vendor under Coverage B - Part One Address POLICY COVERAGES This policy applies to each of the Coverages and Parts shown below. Under CoverageA, Coverage is provided only for property at the Insured Premises for which a specific limit of liability is shown. Coverage A- Business Property Part Limits of Liability One Buildings The Property Insurance Adjustment Condition IS NOT applicable to this policy Two Business Contents REPLACEMENT COST $78,000 DEDUCTIBLE $1,000 applicable to each adjusted loss Coverage B - Business Liability Part One Comprehensive Liability Fire and Specified Peril Legal Liability Two Advertising Injury Liability Medical Payments BU5570:4 (Ed. Auditing Services Agreement between City of South San Francisco and Maze and Associates--Exhibit C Limits of Liability $1,000,000 $50,000 $100,000 $5,000 $25,000 EACH ACCIDENTAL EVENT EACH ACCIDENTAL EVENT EACH PERSON EACH ACCIDENT Page I of 2 April 28, 2004 Page 3 of ¢/~ AMENDED DECLARATIONS SPECIAL FORM CUSTOMIZER POLICY NO. 050 262793 OPTIONAL COVERAGES The following optional coverages, if any, are provided under this policy. /erage Location DITIONAL INSURED 001 001 PLOYEE DISHONESTY 001 001 PLOYERS NON-OWNERSHIP AUTO LIABILITY 001 001 SS OF INCOME-RENTS 001 001 Limits of Liability SEE COVERAGE B- PART 1 SEE COVERAGE A- PART 6 - SAME AS COVERAGE B- PART 3 SEE COVERAGE A- PART 3 $50,O0O Annual Premium for the Policy and Optional Coverages $995,52 INCLUDES: CALIFORNIA CIGA SURCHARGE $19.52 ENDORSEMENTS The following endorsements amend this policy. BU5575-3 BU555OA BU5583-1 BU5756-1 BU5766 BU5767 BU5578 BU5695 BU5651-7 BU5806 BU5754 BU4258-1 PROCESS DATE: 04/07/2004 RCC: 50 Countersigned by THOMAS J ANDERSON Authorized Agent BU5570-4 (Ed. l~tting Services Agreement between City of South San Francisco and Maze and Associates--Exhibit C Page 2 of 2 April 28, 2004 Page 4 of ¢