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HomeMy WebLinkAboutPSA - Weidner & Company - Accounting Services for Urban Enterprises Assoc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA46601-1830 July 26, 2016 Mr. Daniel Weidner 0- 5�U TH 8F gyp\ F w� rswcrc � ISM r2f y � R 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS Weidner and Company, P.C. 1650 South Bend Avenue South Bend, IN 46617 PHONF 574/235-9251 FAX 574/235-9171 RE: Professional Services Agreement — Accounting Services for Urban Enterprises Association Dear Mr. Weidner: The Board of Public Works, at its meeting held on July 26, 2016, approved the above referenced agreement in the amount of $65 per hour. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Beth Leonard Inks, Community Investment GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date July 12, 2016 Name Beth Leonard Inks Department Community Investment BPW Date June 19, 2016 Phone Extension 9330 Required Prior to Submittal to Board Legal x❑ Attorney Name Ben Dougherty: Michael Schmidt Controller El greater review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum x❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control n Other: Company or Required Information Weidner and Company PC. New Vendor x U Yes LJ No xLJ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBEM/BE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Not -for -Profit Accounting Project Number N/A Funding Source DCI Admin Account No. 211-1001-460-31.06 Amount $ 65/hour Terms of Contract 7/1116 thru 12/31/16 Purpose/Description To handle NFP accounting work for I LJ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. Amount of H Increase I-1 Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑ June 21, 2016 Beth Leonard Inks City of South Bend, Department of Community Investment 227 W. Jefferson, Suite 1400 S. South Bend, IN 46601 Dear Mrs. Inks: Weidner and Company, pc. Certified Public Accountants This letter confirms the agreement between City of South Bend, Department of Community Investment and Weidner and Company, P.C. for the accounting services described below. City of South Bend, Department of Community Investment has agreed to provide Weidner and Company, P.C. access to the Sage 100 for Accounting Software, Excel files for the not -for -profit and Word files for the not -for -profit via remote access by our firm into your system from the Internet in order to perform the following procedures: Weidner will perform bookkeeping services and bank reconciliations on a monthly basis for Urban Enterprise Association of St. Joseph County, Inc. from July 1, 2016 through December 31, 2016. In addition, we will perform the following accounting functions: (Time estimates assume use of client software either remotely or on -site, no travel time included.) 1. Provide support for program functions as needed. 2. Accounts payable —processing bills and issuing checks. 3. Record and deposit all cash receipts. 4. Grant tracking, requesting reimbursements if necessary. 5. Assist with bookkeeping by performing the following activities: a. Tie out all balance sheet accounts using Excel spreadsheets b. Bank reconciliations c. Accounts receivable d. Accounts payable e. Grant balances f, Fiscal agent funds (V&A) g. Prepaid expenses h. Accrued expenses 6. Audit prep, annual 1099's and annual budgets. Our firm's remote access to your Sage 100 for Accounting Software, Excel files for the not -for - profit and Word files for the not -for -profit will be on an as -needed basis in order to perform the Corporate Office: 950 Columbus Drive, P.O.Box 668, Plymouth, IN 46563 I. (574) 936-8866 1 Fax: (574) 936-8224 South Bend Office: 1650South Bend Avenue, South Bend, IN 46617 1 (574) 234-8822 1 Fax: (574) 234-8224 procedures identified above and will be for your convenience. However, by your signature below, you understand that the accounting records are solely the responsibility of City of South Bend, Department of Community Investment. Our work in connection with this engagement is not intended to result in the submission or issuance of financial statements by Weidner and Company, P.C. as defined by Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The above work will be done on a timely basis to ensure that the company meets its timetable for the internal distribution of financial statements. The work performed above will be done on an as -needed hourly basis, which limits our involvement and knowledge of the daily operations of the company. Because of this, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcation, may exist and may not be detected by us. By signing below, City of South Bend, Department of Community Investment acknowledges this fact and agrees to indemnify us should any of the above situations occur. You also understand and agree, by your signature below, that you maintain sole responsibility for the appropriateness of your company's security measures related to its remote access users. During the course of this engagement we may have access to proprietary information of the company, including, without limitations, oral and written information and material concerning or pertaining to the company's trade secrets, business methods, plans, and/or projects. We acknowledge that such information, regardless of its form, is confidential and proprietary to the company, and that we shall not use, copy, or disclose the information in whole or in part in any manner or to any person or entity without the express prior written consent of a duly authorized officer of the company. It is our policy to keep records related to this engagement for a minimum of three years. However, Weidner does not keep any original client records, so we will return those to you at the completion of the services rendered under this engagement. When records are returned to you, it is your responsibility to retain and protect your records for possible future use, including potential examination by any government or regulatory agencies. By your signature below, you acknowledge and agree that upon the expiration of the three year period, Weidner shall be free to destroy our records related to this engagement. Physical deterioration or catastrophic events may shorten the time during which our records will be available. The working papers and files of our firm are not substitute for the original records. Any workpapers or files prepared by Weidner for this or any other engagement for you shall remain the property of Weidner. Fees for our services will include computer charges and out-of-pocket expenses. We have estimated that we will spend approximately 13 '/2 hours per month to complete the engagements at an hourly rate of $65.00 plus expenses. Payment for service is due when rendered and interim billings may be submitted as work progresses and expenses are incurred. A late fee of 1.00% per month will be charged on amounts not paid within 30 days of the invoice date. Payments received on your account will be applied first to finance charges; any remaining balance will be applied to the outstanding invoice amounts. In the event that payment is not received when due, Weidner reserves the right to suspend or terminate its work for you due to nonpayment. If Weidner terminates its relationship with you, under this or any engagement, including a termination for nonpayment, all fees and expenses earned or incurred prior to or in relation to the termination, shall be paid by you to Weidner immediately upon receipt of final invoice. In the event that our work is suspended or terminated as a result of nonpayment, you agree that Weidner will not be responsible, and you hereby agree to indemnify Weidner and hold Weidner harmless for your failure to meet government and other filing deadlines, or for the penalties or interest that may be assessed against you resulting from your failure to pay on time. If for some reason you do not pay our invoices in a timely manner, you hereby accept the right for Weidner to withdraw from representation of you in connection with this matter. If you have any questions or comments concerning our services or charges during the course of our representation, we encourage you to bring them to our attention immediately so that any problem can be solved. In connection with this engagement, Weidner may communicate with you or others via email transmission. We take reasonable measures to secure your confidential information in our email transmissions, including password protecting tax returns and other confidential documents. However, as emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered to and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure or communication of email transmissions, or for the unauthorized use or failed delivery of emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of sales or anticipated profits, or disclosure or communication of confidential or proprietary information. If a dispute results in litigation, other than for a bill for services provided by Weidner, both parties agree to try first in good faith to settle the dispute by mediation administered by the American Arbitration Association (AAA) under its Rules for Professional Accounting and Related Services Disputes. All unresolved disputes shall be decided by final and binding arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the AAA. Under all circumstances the arbitrator must follow the laws of Indiana. IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION. If any bill for services is not paid promptly and it becomes necessary to refer collection of the unpaid bill to an attorney, you agree to pay all reasonable attorney fees and other costs of collection incurred in collecting your unpaid bill. This expense is in addition to any other bill which you owe. For matters involving a billing dispute only, any bill for services submitted by Weidner to an attorney for collection will not require the dispute to be settled by mediation or binding arbitration. If the above fairly sets forth your understanding, please sign the enclosed copy of this letter and return it to us. We are pleased to have you as a client and look forward to a long and mutually satisfying relationship. Sincerely, ' /5 Weidner Company, P.C. ACCEPTED AND AGREED TO: City of South Bend, Department of Community Investment APPROVED Board of Public Works By: 20 ti Printed Name: Tit1P• 'r"-�