Loading...
HomeMy WebLinkAboutResolution - 2009-R0335 - Agreement - BKD LLP - Audit Of Annual Financial Statements - 08_27_2009Resolution No. 2009-RO335 August 27, 2009 Item No. 5.3 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for an audit of annual financial statements by and between the City of Lubbock and BKD, LLP, of Little Rock, Arkansas, which Agreement and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. In addition thereto, the City Manager or a designated representative may execute engagement letters or other associated documents as required during the term of the Agreement. Passed by the City Council this 27th day of August 2009. ATTEST: r-Q zs'," � RebeAa Garza, City Secretary APPROVED AS TO CONTENT: U,U,:� Andy Bu e am, Chief Financial Officer APPROVED AS Ci BKD audit ConWres 09/12/09 TOM NfARTIN, MAYOR Resolution No. 2009-R0335 CONTRACT This professional services contract is executed this 27th day of August, 2009 by and between the City of Lubbock, Texas, herein after called "the City", and BKD, LLP. WHEREAS, the City desires to have an independent audit performed; and WHEREAS, BKD, LLP, has submitted a proposal to provide such professional Services. WITNESSETH: IN CONSIDERATION of mutual promises of the parties contained here in and other good and valuable consideration, the parties agree as follows: 1. BKD, LLP shall provide the City with the necessary professional services to audit all funds including those which are covered under the provisions of the Single Audit Act. 2. The term of the contract shall run from the date of execution and shall automatically renew each year, subject to budget approval by the governing body of the City, for such terms as are required to perform the contracted professional auditing services for the fiscal year ending September 30, 2009. 3. The professional accounting services shall be provided in accordance with the terms and conditions set forth in the Proposal to Provide Services, attached hereto. The Engagement Letter is hereby incorporated by reference into this Contract as if set forth word for word in its entirety. 4. BKD, LLP shall be compensated for services rendered under this contract in accordance with the terms and conditions set forth in the Proposal to Provide Services. No work shall be performed beyond the present scope of this contract without express prior approval by the governing body of the City. 5, The City or BKD, LLP shall have the right to terminate the contract upon 30 days written notice. 6. In the event of a conflict between any teens and conditions of this contract and the Exhibit, the terms and conditions of the Exhibit shall take precedence. 7. Neither party may assign any of its rights or delegate any of its obligations under this agreement, without the express written consent of the other. 8. It is agreed that the failure of any party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by any party under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. 9. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 10. This agreement shall be interpreted according to and enforced under the laws of the State of Texas. 11. This agreement contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto. This agreement supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHERE OF, the parties hereto have executed this professional services contract on or as of the date first written above. BKD, LLP: BY: —k� 7a�� TITLE: Par- k*'/ HKDaudit09Con 8.12.09 CITY OF LUBBOCK: TOM MARTIN, MAYOR ATTEST: RebeAa Garza, City Secretary APPROVED AS TO CONTENT: U. �, Andy Btitcfiam, Chief Financial Officer �• imp �'I'e I