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HomeMy WebLinkAboutPR 19431: EXECUTE ADDENDUM NO. 2 TO THE AGREEMENT WITH BKD, LLP FOR COMPLETION OF PHASE TWO OF THE FORENSIC AUDIT P.R. NO. 19431 07/21/2016 jnp/gt RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 2 TO THE AGREEMENT WITH BKD, LLP of HOUSTON, TEXAS, FOR THE COMPLETION OF PHASE TWO OF THE FORENSIC AUDIT, WITH A PROJECTED BUDGETARY IMPACT OF $70, 000 . 00; FUNDING AVAILABLE IN ACCOUNT NO. 001-1031-515. 54-00 . WHEREAS, it is deemed in the best interest of the citizens of Port Arthur to provide a clear perspective of the financial state of the City of Port Arthur; and WHEREAS, the City Council approved Resolution No. 16-054 on February 9, 2016, which authorized the City Manager to negotiate a contract with BKD, LLP of Houston, Texas; and WHEREAS, the City of Port Arthur entered into a letter agreement with BKD, LLC to perform the forensic audit in four (4) phases; and WHEREAS, per Resolution No. 16-125, the City Council authorized the City Manager to execute the first addendum to the original letter agreement and approved Invoice No. BK00573746; and WHEREAS, it is in the best interest of the City of Port Arthur to approve the second addendum to the letter agreement with BKD, LLP to continue with Phase 2 of the forensic audit, in substantially the same form as attached hereto as Exhibit "A" . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: s.pr19431 Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That the City Manager is hereby authorized and directed to execute on behalf of the City the second addendum to the engagement letter with BKD, LLP, in substantially the same form as attached hereto as Exhibit "A" . Section 3 . That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED, AND APPROVED, this day of 2016, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote : AYES : Mayor: ; Councilmembers : NOES : Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary s.pr19431 APPROV 5 s - 0 FO' U Val'Tizeno, •it "-orney APPROVED OR ADMINISTRATION: Brian McDougal, City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Jerry Dale, CGFO/CPA Director of Finance / tA1L u, Clifton Williams, CPPB Acting Purchasing Manager s.pr19431 EXHIBIT "A" s.pr19431 BKOLLP 2800 Post Oak Boulevard,Suite 3200//Houston,TX 77056-6167 CPAs&Advisors Q 713 499 4600//fax 713.499.4699//bkd.com July 20, 2016 Mr. Brian McDougal City Manager City of Port Arthur 444 4th Street Port Arthur,Texas 77640 This letter serves as a second addendum to our original engagement letter dated and signed March 3,2016,related to forensic investigation services provided for the City of Port Arthur. This second addendum outlines Phase II procedures we expect to engage onsite at the City of Port Arthur's facilities the week of August 8 and August 22,respectively. We will work with you on alternative dates if this two-week period is not available. We expect Phase II professional fees to be between$55,000 and$65,000,plus expenses and a four percent administrative fee. Phase II procedures are designed to trace and investigate transactions identified in our Phase I data analysis,observations, interviews, hotline reports and in our discussions with City Leadership. Phase II scope will focus primarily on the following areas: • Follow up on information gathered during Phase I procedures • Data mining analysis and results testing • General Ledger Accounts Payable • Employee Expense Reimbursement • Credit Card Expenses It is our intent to spend approximately 80 percent of our time on transactions occurring between 2013 to current and only 20 percent of our time on pre-2013 transactions. Prior to our arrival, the following will need to be made accessible to us: • vendor files, including contracts and agreements, • credit memos, • invoices and • any misc. documentation supporting payment, approvals and journal entries • front and back of canceled checks Praxitv,: MEMBER• GLOBAL ALLIANCE OF ,NBEPENBENT FIRMS City of Port Arthur July 20, 2016 Page 2 We are also requesting access to gold forms, resolutions and city council agendas and any other documentation that is representative of compliance (authorizations and disclosures)with the city charter/city ordinances. This may include check registers submitted to City Council and S: drive legal opinions drafted and issued from the City Attorney's office. In addition,we will also conduct unstructured data analytics of three years of City Email communications. All other terms and conditions in our original engagement letter dated March 3, 2016, remain in effect. If the above arrangements are acceptable to you, please sign the enclosed copy of this letter and return it to us. BKD, LLP IG1� Lc.? The services and arrangements described in this letter are in accordance with our understanding and are acceptable to us. CITY OF PORT ARTHUR BY Mr. Brian McDougal, City Manager DATE