Document Fernley_doc_e2bafa265e

CITY OF FERNLEY NEVADA Fernley Municipal Court Request for Proposal Independent Certified Public Accountant’s Audit Services SUBMISSION DEADLINE July 22, 2011 BY 4:00PM Submit To: City Clerk’s Office 595 Silver Lace Blvd. Fernley, NV 89408 ---PAGE BREAK--- Page 2 of 22 CITY OF FERNLEY NOTICE INVITING PROPOSALS FOR AUDIT SERVICES NOTICE IS HEREBY GIVEN that separate sealed proposals will be received at the City Clerk’s Office, 595 Silver Lace Blvd., Fernley, Nevada, until 4:00 p.m. on July 22, 2011, for the provision of the following: Professional Auditing Servicing for Fernley Municipal Court Detailed information and scope of services may be obtained from the City of Fernley, City Clerk’s Office, 595 Silver Lace Blvd., Fernley, Nevada in printed format. Said specifications, proposal forms and contract documents are hereby referred to and incorporated herein, and made a part hereof by reference and all proposals must strictly comply therewith. All proposals must be sealed and clearly identify the proposal title, proposer name, and address. The City of Fernley reserves the right to reject any and all proposals and to waive minor irregularities, to accept any proposal or portion thereof, and to take all proposals under advisement for a period of ninety (90) days. No bid surety is required. The City of Fernley hereby notifies all proposers that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for the award. ---PAGE BREAK--- Page 3 of 22 I. INTRODUCTION A. General Information The Fernley Municipal Court (Court) is requesting proposals from qualified Certified Public Accounting firms to audit and verify that Court is maintaining consistent and effective financial policies and procedures and that generally accepted accounting principles such as segregation of responsibilities, internal controls and audit trails are in place for the last fiscal year ending June 30, 2011. This audit is to be performed in accordance with generally accepted auditing standards and requirements set by Administrative Offices of the Courts. There is no expressed or implied obligation for the Fernley Municipal Court to reimburse responding firms for any expenses incurred in preparing a response to this request. Materials submitted by respondents are subject to public inspection under the Nevada Public Records Act NRS 239.053 unless exempt. During the evaluation process the Court reserves the right, where it may service the Court’s best interests, to request additional information or clarifications from the proposers, or to allow corrections of minor errors or omissions. The City of Fernley reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firms of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Fernley and the firm selected. It is anticipated the selection of a firm will be completed by July 26, 2011. Following the notification of the selected firm, it is expected a contract will be executed between both parties by August 3, 2011. A recommendation and proposed contract will be prepared for review and approval by the City Council. The City reserves the right to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items. B. Term of Engagement It is the intent of the City to contract for the services presented herein for a term of three month with Minimum Accounting Standards submission to Administrative Offices of the Court made by December 1, 2011. ---PAGE BREAK--- Page 4 of 22 II. NATURE OF SERVICES REQUIRED A. Scope of the Work to be Performed The auditor must conduct an on-site performance review of the Fernley Municipal Court previous fiscal year (July 1, 2010 through June 30, 2011), ensuring that all topical areas of the MAS (Minimum Accounting Standards form provided by Nevada Administrative Offices of the Court Audit Division http://www.nevadajudiciary.us/index.php/viewdocumentsandforms/AOC- Files/Audit/Minimum-Accounting-Standards ) are evaluated and non-compliance areas are identified. (Please note that the auditor need only review the previous fiscal year {twelve months} of operation once every three years. It is not necessary to audit each of the past three years.) The auditor must discuss the results of these reviews with the appropriate court staff, court administrator (if applicable) and judge (or Chief Judge, if applicable). The 1997 version of the MAS required auditors to perform a “financial review” and prepare a statement of revenues and disbursements. Although courts may find these schedules a useful assessment of the court’s financial position, the schedules are no longer a requirement of the MAS. The main thrust of the triennial audit is to verify that courts are maintaining consistent and effective financial policies and procedures and that generally accepted accounting principles such as segregation of responsibilities, internal controls, and audit trails are in place. Non-compliance areas (“No” answers to Checklist questions) and proposed corrective actions should be addressed, agreed to and documented by affected staff, court administrator (if applicable), and judge (or Chief Judge, if applicable). This documentation can be attached to the Compliance Checklist and submitted as supplementary information to the Administrative Offices of the Court. By December 1 of every third year, the auditor must submit the completed Checklist (with original signatures), a copy of the auditor's recommendations (if any), and any supplemental information sheets to: Administrative Office of the Courts Supreme Court of Nevada Attn: Judicial Branch Auditor 200 Lewis Avenue, 17th Floor, Room 17237 Las Vegas, Nevada 89101-6204 B. Working Paper Retention and Access to Working Papers ---PAGE BREAK--- Page 5 of 22 All working papers and reports must be retained, at the auditor’s expense, for a minimum of three years, unless the firm is notified in writing by the City of the need to extend the retention period. The auditors will be required to make working papers available, upon request, to the following parties or their designees:  City of Fernley Municipal Court  Oversight or cognizant agencies  Parties designed by the federal or state governments or by the City as part of an audit quality review process III. DESCRIPTION OF THE CITY OF FERNLEY A. Name and Telephone Number of Contact Person The auditor’s principal contact with the City will be Lena Shumway, City Clerk/Court Administrator, or a designated representative, who will coordinate the assistance to be provided by the City to the auditor. Any questions regarding this proposal or additional information required by the respondents should be directed to: Lena Shumway City of Fernley 595 Silver Lace Blvd. Fernley, Nevada 89408 [EMAIL REDACTED] (775) 784-9831 Fax (775) 784-9839 B. Background Information The Fernley Municipal Court hears misdemeanor traffic and criminal cases. The case load for Fernley Municipal Court in 2010 was an average of 258 cases per month or 3096 total. Staff includes Judge, Court Administrator and two Court Clerks. Fernley Municipal Court employs software by Court View (provided by the Administrative Offices of the Courts). C. Availability of Prior Reports and Work Papers The Fernley Municipal Court’s most recent audit was conducted by Kafoury and in Fallon, Nevada. The work papers of the previous audits are the property of the previous auditor and can be reviewed by the successful Proposer. The following financial statements were prepared or audited by Kafoury and for the fiscal ---PAGE BREAK--- Page 6 of 22 year ended June 30, 2007: IV. TIME REQUIREMENTS A. Proposal Calendar The following is a list of key dates up to and including the date that proposals are due to be submitted: Request for Proposal issued July 5, 2011 Due date for proposals July 22, 2011 Selection of the firm Week of July 25, 2011 B. Notification and Contract Dates Selected firm notified* July 28, 2011 Contract date* August 3, 2011 *Projected dates, subject to change. V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Fernley Municipal Court and Clerical Assistance The Fernley Municipal Court staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. B. Information Technology (IT) Assistance IT personnel and management will be available to provide systems documentation and explanations. The auditor will be provided computer time and use of the City’s computer hardware and software. C. Work Area and Equipment The City will provide the auditor with reasonable work space, desks and chairs. The auditor will also be provided with access to telephone lines, photocopying facilities and a FAX machine. It is expected that use of such facilities and equipment will be limited to reasonable and pertinent business concerning the Fernley Municipal Court engagement. D. Report Preparation Report preparation, editing and typing of the MAS and other reports shall be the responsibility of the auditor. ---PAGE BREAK--- Page 7 of 22 INSTRUCTIONS TO PROPOSERS PROPOSERS EXAMINATION Before submitting a proposal, the proposer shall carefully examine the scope of services and other contract documents, and ensure that the proposer has a clear understanding of the contract requirements regarding the performance of services. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not. Any Proposer submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in scope of services, contract documents, and to full compliance therewith. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the proposer. Such request must be delivered to the City Clerk’s designated official prior to the proposal opening. The withdrawal of a proposal will not prejudice the right of the proposer to submit a new proposal, providing there is time to do so. AWARD OF CONTRACT Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City reserves the right to reject any or all proposals, to accept any proposal or portion thereof, to waive any irregularity. TERM OF CONTRACT Contract period shall be limited to the Auditing Services with MAS submission made to AOC by December 1, 2011. Proposer understands that this contract shall not bind nor purport to bind the City of Fernley for any contractual commitment in excess of the original contract period. In the event, the City exercises its options, all terms, conditions, and provisions of the original contract shall remain the same and apply during the extension period, unless otherwise mutually agreed to in writing by both parties. INSURANCE Prior to the commencement of any services hereunder, Consultant shall provide to the City ---PAGE BREAK--- Page 8 of 22 certificates of insurance with the City named as additional insured. Such policies shall be subject to approval by the City and shall require thirty days notice to the City before any cancellation. Failure to furnish such evidence, if required, may be considered default of the Contractor. PROPOSAL SUBMITTAL INFORMATION A. Submittal of Proposal: two copies of the proposal shall be submitted in response to this RFP. The proposal shall be submitted no later than 4:00 p.m. on July 22, 2011 and be addressed as follows: City of Fernley Office of the City Clerk 595 Silver Lace Blvd. Fernley, Nevada 89408 Late submittals will not be considered. Fax submittals or e-file submittals will not be accepted. B. Examination of the content of the RFP: By submitting a response, the proposer represents that it has thoroughly examined and become familiar with the contents of this RFP and conditions of the standard City contract documents (Contractual Services Agreement) (Attached), and that it is capable of performing quality work to achieve the City of Fernley Municipal Court objectives. RESPONSE TO PROPOSAL A. Introduction: This at a minimum must contain the following: 1. Identification of the offering firm including name, address, telephone and fax number, e-mail address. 2. Name, title, address and telephone number of contact person during period of proposal evaluation. B. Qualifications: The overall capabilities of the consultant's organization should be discussed in this section. Include a brief summary of the firm's history, its recent related experience, top level management and ability of persons assigned to perform the work. Possessions of appropriate license and certifications. C. Authorization: The proposal shall be signed by an official authorized to bind the firm and shall contain a statement to the effect that the proposal is valid for ninety (90) days. D. Insurance: Insurance certificates are required prior to contract execution. Special ---PAGE BREAK--- Page 9 of 22 attention is directed to review the indemnification and insurance requirements in the contract documents (Contractual Services Agreement). E. Professional Fee: Fee shall be included in a proposal. The fee is negotiable. F. Proposals shall be printed and submitted on 8 ½" x 11" size paper, using a simple method of fastening. Proposal should not include any unnecessary, elaborate or promotional material. Excessive narrative is discouraged; presentation shall be clear and concise. ---PAGE BREAK--- Page 10 of 22 NON-COLLUSION AFFIDAVIT STATE OF NEVADA ) ) COUNTY OF ) , being first duly sworn, deposes and says that he/she is of (Title) (Name of Proposer) the party making the foregoing proposal; that the proposal is not made in the interest of, or on behalf of, an undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and non collusive or sham; that the Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other Proposer, or to fix any overhead, profit or cost element of the proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the Proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information submitted in his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. (Signature) (Typed Name) SUBSCRIBED BEFORE ME on this day of , 2010. (Notary Public) My Commission Expires: ---PAGE BREAK--- Page 11 of 22 CITY OF FERNLEY RESPONSE FORM FOR PROFESSIONAL AUDITING SERVICES Solicitors are requested to complete this proposal response form and return it in sealed envelope along with the Non-Collusion Affidavit to the City of Fernley, Office of the City Clerk, 595 Silver Lace Boulevard, Fernley, Nevada, by no later than 4:00 p.m. on July 22, 2011. The envelope should be sealed and clearly marked “PROFESSIONAL AUDITING SERVICES”. TO: CITY OF FERNLEY FROM: Company Name Address Phone Number Fax Number Authorized Signature Title Print Name Date The above-signed agrees to furnish to the City of Fernley with the scope of services and conditions set forth in the proposal for PROFESSIONAL AUDITING SERVICES in detail without exceptions other than by mutual agreement. ---PAGE BREAK--- Page 12 of 22 A Contract Between City of Fernley 595 Silver Lace Blvd Fernley NV 89408 and WHEREAS, NRS 266 authorizes the City of Fernley to engage services of persons as independent contractors; and WHEREAS, it is deemed that the service of Contractor are both necessary and in the best interests of the City of Fernley; NOW, THEREFORE, in consideration of the aforesaid premises, the parties mutually agree as follows: 1. REQUIRED APPROVAL. This Contract shall not become effective until and unless approved by the Fernley City Council. 2. DEFINITIONS. “Fernley” or “City” means the City of Fernley. “Independent Contractor” means a person or entity that performs services and/or provides goods for Fernley under the terms and conditions set forth in this Contract. “Fiscal Year” is defined as the period beginning July 1 and ending June 30 of the following year. 3. CONTRACT TERM. This Contract shall be effective from to subject to appropriation, unless sooner terminated by either party as specified in paragraph (10). 4. NOTICE. Unless otherwise specified, termination shall not be effective until 30 calendar days after a party has served written notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above. 5. INCORPORATED DOCUMENTS. The parties agree that the scope of work shall be specifically described; this Contract incorporates the following attachments in descending order of constructive precedence; a Contractor's Attachment shall not contradict or supersede any Fernley required specifications, terms or conditions without written evidence of mutual assent to such change appearing in this Contract: ATTACHMENT A: ENTITLED DATED 6. CONSIDERATION. The parties agree that Contractor will provide the services ---PAGE BREAK--- Page 13 of 22 specified in paragraph at a cost follows: 7. ASSENT. The parties agree that the terms and conditions listed on incorporated attachments of this Contract are also specifically a part of this Contract and are limited only by their respective order of precedence and any limitations specified. 8. INSPECTION & AUDIT. a. Books and Records. Contractor agrees to keep and maintain under general accepted accounting principles (GAAP) full, true and complete records, contracts, books, and documents as are necessary to fully disclose to Fernley, the State of Nevada or United States Government, or their authorized representatives, upon audits or reviews, sufficient information to determine compliance with state and federal regulations and statutes. b. Inspection & Audit. Contractor agrees that the relevant books, records (written, electronic, computer related or otherwise), including, without limitation, relevant accounting procedures and practices of Contractor or its subcontractors, financial statements and supporting documentation, and documentation related to the work product shall be subject, at any reasonable time, to inspection, examination, review, audit, and copying at any office or location of Contractor where such records may be found, with or without notice by Fernley, and with regard to the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of the Inspector General, or any of their authorized representatives. All subcontracts shall reflect requirements of this paragraph. c. Period of Retention. All books, records, reports, and statements relevant to this Contract must be retained a minimum three years. The retention period runs from the date of payment for the relevant goods or services by Fernley, or from the date of termination of the Contract, whichever is later. Retention time shall be extended when an audit is scheduled or in progress for a period reasonably necessary to complete an audit and/or to complete any administrative and judicial litigation which may ensue. 10. CONTRACT TERMINATION. a. Termination Without Cause. Any discretionary or vested right of renewal notwithstanding, this Contract may be terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause. b. Termination for Nonappropriation. Fernley may terminate this Contract, and Contractor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason Fernley’s funding from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired. c. Cause Termination for Default or Breach. A default or breach may be declared with or without termination. This Contract may be terminated by either party upon written notice of default or breach to the other party as follows: i. If Contractor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods, or services called for by this Contract within the time requirements specified in this Contract or within any granted extension of those time requirements; or ii. If any state, county, city or federal license, authorization, waiver, permit, ---PAGE BREAK--- Page 14 of 22 qualification or certification required by statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or iii. If Contractor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; or iv. If Fernley materially breaches any material duty under this Contract and any such breach impairs Contractor's ability to perform; or v. If it is found by Fernley that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of Fernley with a view toward securing a contract or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such contract; or vi. If it is found by Fernley that Contractor has failed to disclose any material conflict of interest relative to the performance of this Contract. d. Time to Correct. Termination upon a declared default or breach may be exercised only after service of formal written notice as specified in paragraph and the subsequent failure of the defaulting party within 15 calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected. e. Winding Up Affairs Upon Termination. In the event of termination of this Contract for any reason, the parties agree that the provisions of this paragraph survive termination: i. The parties shall account for and properly present to each other all claims for fees and expenses and pay those which are undisputed and otherwise not subject to set off under this Contract. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination; ii. Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by Fernley; iii. Contractor shall execute any documents and take any actions necessary to effectuate an assignment of this Contract if so requested by Fernley; iv. Contractor shall preserve, protect and deliver to Fernley possession all proprietary information in accordance with paragraph (21). 11. REMEDIES. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including, without limitation, actual damages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees for Fernley shall include without limitation $200 per hour for attorneys. Fernley may set off consideration against any unpaid obligation of Contractor. 12. LIMITED LIABILITY. Contract liability of both parties shall not be subject to punitive damages. Liquidated damages shall not apply unless otherwise specified in the incorporated attachments. Damages for any Fernley breach shall never exceed the amount ---PAGE BREAK--- Page 15 of 22 of funds appropriated for payment under this Contract, but not yet paid to Contractor, for the fiscal year budget in existence at the time of the breach. 13. FORCE MAJEURE. Neither party shall be deemed to be in violation of this Contract if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated to perform in accordance with the terms of the Contract after the intervening cause ceases. 14. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend, not excluding the City of Fernley's right to participate, Fernley from and against all liability, claims, actions, damages, losses, and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of any alleged acts or omissions or misconduct of Contractor, its officers, employees and agents. 15. INDEPENDENT CONTRACTOR. Contractor is associated with Fernley only for the purposes and to the extent specified in this Contract, and in respect to performance of the contracted services pursuant to this Contract, Contractor is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer- employee or principal-agent, or to otherwise create any liability for Fernley whatsoever with respect to the indebtedness, liabilities, and obligations of Contractor or any other party. Contractor shall be solely responsible for, and Fernley shall have no obligation with respect to: withholding of income taxes, FICA or any other taxes or fees; industrial insurance coverage; participation in any group insurance plans available to employees of the Fernley; participation or contributions by either Contractor or the Public Employees Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage provided by Fernley. Contractor shall indemnify and hold Fernley harmless from, and defend Fernley against, any and all losses, damages, claims, costs, penalties, liabilities, and expenses arising or incurred because of, incident to, or otherwise with respect to any such taxes or fees. Neither Contractor nor its employees, agents, or representatives shall be considered employees, agents, or representatives of Fernley. 16. INSURANCE SCHEDULE. Unless expressly waived in writing by Fernley, Contractor, as an independent contractor and not an employee of Fernley, must carry policies of insurance in amounts specified in this Insurance Schedule and pay all taxes and fees incident hereunto. Fernley shall have no liability except as specifically provided in the Contract. The Contractor shall not commence work before: Contractor has provided the required evidence of insurance to Fernley. ---PAGE BREAK--- Page 16 of 22 Insurance Coverage: The Contractor shall, at the Contractor’s sole expense, procure, maintain and keep in force for the duration of the Contract the following insurance conforming to the minimum requirements specified below. Unless specifically specified herein or otherwise agreed to by Fernley, the required insurance shall be in effect prior to the commencement of work by the Contractor and shall continue in force as appropriate until the latter of: 1) Final acceptance by Fernley of the completion of this Contract; or 2) Such time as the insurance is no longer required by Fernley under the terms of this Contract. Any insurance or self-insurance available to Fernley shall be excess of and non-contributing with any insurance required from Contractor. Contractor’s insurance policies shall apply on a primary basis. Until such time as the insurance is no longer required by Fernley, Contractor shall provide Fernley with renewal or replacement evidence of insurance no less than thirty (30) days before the expiration or replacement of the required insurance. If at any time during the period when insurance is required by the Contract, an insurer or surety shall fail to comply with the requirements of this Contract, as soon as Contractor has knowledge of any such failure, Contractor shall immediately notify Fernley and immediately replace such insurance or bond with an insurer meeting the requirements. Workers’ Compensation and Employer’s Liability Insurance INDUSTRIAL INSURANCE. Contractor further agrees, as a precondition to the performance of any work under this contract and as a precondition to any obligation of Fernley to make payment under this contract, to provide Fernley with a work certificate issued by a qualified insurer in accordance with NRS 616B.627. Contractor agrees, prior to commencing any work under the contract, to complete and to provide the following written request to the qualified insurer: has entered into a contract with Owner to perform work from to and requests that an industrial insurance provider qualified and licensed to offer such insurance within Nevada, provide to Fernley 1) a certificate of coverage issued pursuant to NRS616B.627 and 2) notice of any lapse in coverage or nonpayment of coverage that the Contractor is required to maintain. The certificate and notice should be mailed to: City of Fernley 595 Silver Lace Blvd Fernley, NV 89408 Contractor agrees to maintain required workers compensation coverage throughout the entire term of the contract. If Contractor does not maintain coverage throughout the entire term of the contract, Contractor agrees that Fernley may, at any time the coverage is not maintained by Contractor, order the Contractor stop work, suspend the contract, or terminate the contract. Contractor may, in lieu of furnishing a certificate of an insurer, provide an affidavit indicating that he is a sole proprietor and that: ---PAGE BREAK--- Page 17 of 22 1. In accordance with the provisions of NRS 616B.659, has not elected to be included within the terms, conditions, and provisions of chapters 616A to 616D, inclusive, of NRS; and 2. Is otherwise in compliance with those terms, conditions and provisions. Professional Liability Insurance 1) Minimum Limit required: $1,000,000 Each Claim, $200,000 Aggregate 2) Retroactive date: Prior to commencement of the performance of the contract 3) Discovery period: Three years after termination date of contract. General Requirements: a. Additional Insured: By endorsement to the general liability insurance policy evidenced by Contractor, The City of Fernley, its officers, employees and immune contractors shall be named as additional insured for all liability arising from the Contract. b. Waiver of Subrogation: Each liability insurance policy shall provide for a waiver of subrogation as to additional insureds. Cross-Liability: All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insureds clause. d. Deductibles and Self-Insured Retentions: Insurance maintained by Contractor shall apply on a first dollar basis without application of a deductible or self-insured retention unless otherwise specifically agreed to by Fernley. Such approval shall not relieve Contractor from the obligation to pay any deductible or self-insured retention. Any deductible or self-insured retention shall not exceed $5,000 per occurrence, unless otherwise approved by the Risk Management Division. e. Policy Cancellation: Except for ten days notice for non-payment of premium, each insurance policy shall be endorsed to state that; without thirty (30) days prior written notice to the City of Fernley, the policy shall not be canceled, non-renewed or coverage and /or limits reduced or materially altered, and shall provide that notices required by this paragraph shall be sent by certified mailed to the address shown below. f. Approved Insurer: Each insurance policy shall be: 1) Issued by insurance companies authorized to do business in the State of Nevada or eligible surplus lines insurers acceptable to Fernley and having agents in Nevada upon whom service of process may be made, and Evidence of Insurance: Prior to the start of any Work, Contractor must provide the following documents to the Fernley: 1) Certificate of Insurance: The Acord 25 Certificate of Insurance form or a form substantially similar must be submitted to Fernley to evidence the insurance policies and coverages required of Contractor. 2) Additional Insured Endorsement: An Additional Insured Endorsement (CG20 10 or C20 26), signed by an authorized insurance company representative, must be submitted ---PAGE BREAK--- Page 18 of 22 to Fernley to evidence the endorsement of Fernley as an additional insured per General Requirements, Subsection a above. 3) Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply with minimum limits, a copy of the Underlyer Schedule from the Umbrella or Excess insurance policy may be required. Review and Approval: Documents specified above must be submitted for review and approval by Fernley prior to the commencement of work by Contractor. Neither approval by Fernley nor failure to disapprove the insurance furnished by Contractor shall relieve Contractor of Contractor’s full responsibility to provide the insurance required by this Contract. Compliance with the insurance requirements of this Contract shall not limit the liability of Contractor or its sub-contractors, employees or agents to Fernley or others, and shall be in addition to and not in lieu of any other remedy available to Fernley under this Contract or otherwise. Fernley reserves the right to request and review a copy of any required insurance policy or endorsement to assure compliance with these requirements. Mail all required insurance documents to the City of Fernley identified on page one of the contract. 17. COMPLIANCE WITH LEGAL OBLIGATIONS. Contractor shall procure and maintain for the duration of this Contract any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract. Contractor will be responsible to pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Real property and personal property taxes are the responsibility of Contractor in accordance with NRS 361.157 and 361.159. Contractor agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract. 18. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the Contract or its material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any other breach. 19. SEVERABILITY. If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the nonenforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 20. ASSIGNMENT/DELEGATION. To the extent that any assignment of any right under this Contract changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the performance of this Contract, attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by Fernley, such offending portion of the assignment shall be void, and shall be a breach of this Contract. ---PAGE BREAK--- Page 19 of 22 Contractor shall neither assign, transfer nor delegate any rights, obligations or duties under this Contract without the prior written consent of the Fernley. 21. FERNLEY OWNERSHIP OF PROPRIETARY INFORMATION. Any reports, histories, studies, tests, manuals, instructions, photographs, negatives, blue prints, plans, maps, data, system designs, computer code (which is intended to be consideration under the Contract), or any other documents or drawings, prepared or in the course of preparation by Contractor (or its subcontractors) in performance of its obligations under this Contract shall be the exclusive property of the Fernley and all such materials shall be delivered into Fernley possession by Contractor upon completion, termination, or cancellation of this Contract. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than performance of Contractor's obligations under this Contract without the prior written consent of the Fernley. Notwithstanding the foregoing, the Fernley shall have no proprietary interest in any materials licensed for use by the Fernley that are subject to patent, trademark or copyright protection. 22. PUBLIC RECORDS. Pursuant to NRS 239.010, information or documents received from Contractor may be open to public inspection and copying. Fernley will have the duty to disclose unless a particular record is made confidential by law or a common law balancing of interests. Contractor may label specific parts of an individual document as a "trade secret" or "confidential", provided that Contractor thereby agrees to indemnify and defend Fernley for honoring such a designation. The failure to so label any document that is released by Fernley shall constitute a complete waiver of any and all claims for damages caused by any release of the records. 23. WARRANTIES. a. General Warranty. Contractor warrants that all services, deliverables, and/or work product under this Contract shall be completed in a workmanlike manner consistent with standards in the trade, profession, or industry; shall conform to or exceed the specifications set forth in the incorporated attachments; and shall be fit for ordinary use, of good quality, with no material defects. b. System Compliance. Contractor warrants that any information system application(s) shall not experience abnormally ending and/or invalid and/or incorrect results from the application(s) in the operating and testing of the business of Fernley. This warranty includes, without limitation, century recognition, calculations that accommodate same century and multicentury formulas and data values and date data interface values that reflect the century. 26. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Contract on behalf of each party has full power and authority to enter into this Contract. Contractor acknowledges that as required by statute or regulation this Contract is effective upon signing and only for the period of time specified in the Contract. Any services performed by Contractor before this Contract is effective or after it ceases to be effective are performed at the sole risk of Contractor. ---PAGE BREAK--- Page 20 of 22 27. GOVERNING LAW; JURISDICTION. This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Nevada, without giving effect to any principle of conflict-of-law that would require the application of the law of any other jurisdiction. Contractor consents to the jurisdiction of the Nevada district courts for enforcement of this Contract. 28. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s) constitute the entire agreement of the parties and such are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Unless an integrated attachment to this Contract specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language between any such attachment and this Contract shall be construed consistent with the terms of this Contract. Unless otherwise expressly authorized by the terms of this Contract, no modification or amendment to this Contract shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto. 29. ACKNOWLEDGMENT AND EXECUTION. In witness whereof, the parties hereto have caused this Contract to be signed and intend to be legally bound thereby: CONTRACT ACCEPTANCE AND EXECUTION: The City Council for Fernley, Nevada at their publicly noticed meeting of approved the acceptance of this Contract. Further, the City Council authorizes the Mayor of Fernley, Nevada to set his hand to this document and record his signature for the execution of this contract in accordance with the action taken. FERNLEY, NEVADA LEROY GOODMAN, MAYOR DATED this day of 2010. ATTEST: LENA SHUMWAY, CITY CLERK DATED this day of 2010. ---PAGE BREAK--- Page 21 of 22 Agent of Contractor being first duly sworn, deposes and says: That Agent of Contractor s/he is the Contractor; that Agent of Contractor s/he has read the foregoing Contract; and that Agent of Contractor s/he understands the terms, conditions, and requirements thereof. CONTRACTOR BY: TITLE: FIRM: BUSINESS LICENSE Address: City: State: Zip Code: Telephone: / Fax E-mail Address: (Signature of Contractor) DATED this day of 2010. STATE OF ) ss County of On this day of , in the year 2011, before me, / Notary Public, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. WITNESS my hand and official seal. Notary's Signature My Commission Expires: ---PAGE BREAK--- Page 22 of 22 CITY OF FERNLEY PROFESSIONAL AUDITING SERVICES PROPOSAL EVALUATION WORKSHEET FIRM: 1. Does the firm meet the following minimum qualifications: a. License to practice in Nevada? YES NO b. Does staff meet CPE Requirements for Audits? YES NO c. Does the firm meet independence standards/requirements? YES NO d. Does firm have history of performing quality audits? YES NO 2. Technical qualifications for financial statement audits using the following criteria: a. Expertise and Experience 1) Relevant experience on comparable court audits 0-10 points 2) Quality and experience of firm personnel 0-20 points b. Audit Approach 1) Adequacy of proposed staffing plan 0-10 points 2) Adequacy of sampling techniques and analytical procedures 0-10 points TECHNICAL QUALIFICATIONS SCORE: 0-75 points Lowest Price 3. Pricing Score: Individual firm’s bid price x 25 points TOTAL SCORE: Prepared by: