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1983-098-Approving Contract Between The Town Of Los Gatos And The Office Of The State controller For Services To Prepare The Annual Street And Road ReportRESOLUTION NO. 1983 -98 A RESOLUTION APPROVING CONTRACT BETWEEN THE TOWN OF LOS GATOS AND THE OFFICE OF THE STATE CONTROLLER FOR SERVICES TO PREPARE THE ANNUAL STREET AND ROAD REPORT BE IT RESOLVED, and it is hereby resolved, that the Town Manager of the Town of Los Gatos, California, is hereby authorized and directed to execute said CONTRACT FOR SERVICES TO PREPARE THE ANNUAL STREET AND ROAD REPORT (copy of which is attached hereto) on behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos, California, at a regular meeting held this 16th day of May , 1983, by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None SIGNED: ATTEST: CLERK F THE TOWN OF LOS S MAYOR OF THE TOWN OF LOS GATOS CONTRACT FOR SERVICES TO PREPARE THE ANNUAL STREET AND ROAD REPORT Whereas Section 2151 of the Streets and Highways Code requires the cities and counties to file an Annual Report of Financial Transactions concerning streets and roads, and Whereas Section 2151 of the Streets and Highways Code requires this report to be filed with the State Controller's Office on or before October 1, of each year, and Whereas CONTROLLER is able to furnish and CITY wishes to receive the services of the CONTROLLER to prepare its Annual Report of Financial Transactions of Streets and Roads, now therefore, This Contract is executed in quadruplicate, between the OFFICE OF THE STATE CONTROLLER, DIVISION OF LOCAL GOVERNMENT FISCAL AFFAIRS, ( "CONTROLLER ") and CITY of LOS GATOS ( "CITY "). In consideration of the following promises and conditions, the parties hereby agree that: I. For the fiscal year ended June 30, 1983, CONTROLLER shall prepare CITY's Annual Report of Financial Transactions ( "Report ") concerning streets and roads. II. The Report shall be in the form prescribed by the CONTROLLER. III. It shall include a statement of all revenues and expenditures concerning streets or roads of the CITY, and shall be prepared from CITY's records made available to CONTROLLER. IV. The Report will be prepared from CITY'S unaudited records and no determination shall be made at time of preparation regarding the accuracy of the records, or the legality of the expenditures reported herein. CITY understands that the report is subject to subsequent audit by CONTROLLER and exceptions may be taken at that time regarding the legality of expenditures contained in the Report, or the accuracy of the records from which the Report was prepared. V. CONTROLLER will furnish sufficient personnel to complete the report on or before October 1, 1983, except that the CONTROLLER is excused from such date if CITY's accounting records are not ready for the preparation of the report at the time scheduled by CONTROLLER and CITY or if circumstances beyond the control of the parties prevent completion. VI. This Contract is subject to CONTROLLER'S charges for services rendered, and such charges shall be computed in accordance with Sections 8755 and 8755.1 of the State Administrative Manual. Charges shall include both direct and indirect costs, and shall be expressed in dollars per unit time whenever possible. VII. Except as provided in paragraph VIII, the aggregate cost of services provided under this agreement shall not exceed five hundred dollars ($500). VIII. If unforeseen circumstances develop during the course of CONTROLLER'S preparation of the Report and additional time is needed to complete preparation, the parties will confer, and if it is agreed that the preparation of the Report is to continue, CONTROLLER is to be compensated for any additional time required. In any case, CONTROLLER shall be compensated for services rendered prior to the development of such unforeseen circumstances. IX. Upon completion of the Report, CONTROLLER will furnish one copy to the CITY and will retain one copy. X. CITY will pay CONTROLLER for services rendered in a timely manner (including additional time pursuant to Paragraph VIII) and hereby warrants that funds are available from which payment may be made. XI. This Contract may be terminated by either party by giving seven days written notice. Notice may be served in person or by mail on the officers and at the addresses shown below and is effective upon receipt. During the seven -day period CONTROLLER may continue with the preparation of report then in progress. IN WITNESS WHEREOF, we set our hands this day of ADDRESS CITY AND STATE M TITLE 8172A/68 OFFICE OF THE STATE CONTROLLER DIVISION OF LOCAL GOVERNMENT FISCAL AFFAIRS POST OFFICE BOX 1019 SACRAMENTO, CALIFORNIA 95805 o 19 Assistant Deputy State Controller