Staff Report.Third Amendment Badawi with attachments
PREPARED BY: Gitta Ungvari
Interim Finance Director
Reviewed by: Assistant Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/04/2022 ITEM NO: 6
DATE: September 19, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the
Agreement for Audit Services with Badawi and Associates to Extend the Term
of the Agreement
RECOMMENDATION:
Authorize the Town Manager to execute a third amendment (Attachment 1) to the agreement
for audit services with Badawi and Associates to extend the term of the agreement.
BACKGROUND:
In 2017, the Town of Los Gatos issued a Request for Proposals (RFP) for qualified independent
certified public accounting firms to audit the Town’s financial statements for three fiscal years,
with an option to extend the agreement an additional two years with Town Council approval.
A review committee selected Badawi and Associates, Certified Public Accountants as the firm to
provide the Town auditing and other optional services. In 2020, the Council approved a first
amendment to exercise the option to extend the agreement for an additional two fiscal years
and in 2022 the Council approved a second amendment for additional services of reviewing
Measure G revenues and expenditures (Attachment 2).
DISCUSSION:
For the past five years, Badawi and Associates has provided the following services for the Town:
• The annual audit of the basic financial statements in accordance with Governmental
Accounting Standards and preparation of the Town’s Comprehensive Annual Financial
Report;
PAGE 2 OF 2 SUBJECT: Third Amendment to the Agreement for Audit Services with Badawi and Associates DATE: September 19, 2022
DISCUSSION (continued):
• A report communicating information related to the audit to those in charge of
governance (Town Council) at the conclusion of the audit;
• A management letter containing any comments or recommendations resulting from
the review of systems of internal controls in connection with the financial audit;
• A Single Audit for grant funding if required under the Title 2 U.S. Code of Federal
Regulations; and
• Optional services including the preparation of the annual report of financial
transactions to the State Controller.
In addition to Badawi and Associates completing the aforementioned services, the Town
contracted with Badawi to complete a review of Measure G revenues and expenditures for the
period from March 1, 2019 to June 30, 2021 per Measure A. This additional service was
approved as part of the Second Amendment and the firm requires additional time to complete
this work.
CONCLUSION:
Authorize the Town Manager to execute a third amendment to the agreement for audit
services with Badawi and Associates to extend the term of the agreement to complete the
review of Measure G revenues and expenditures.
FISCAL IMPACT:
Funds for this amendment are included in the Town’s Fiscal Year 2022/23 Operating and Capital
Budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Third Amendment to provide auditing and optional services with Badawi and Associates.
2. First and Second Amendment and Original Agreement with Badawi and Associates.
1
Badawi & Associates – Third Amendment ATTACHMENT 1
THIRD AMENDMENT TO AGREEMENT
This THIRD AMENDMENT TO AGREEMENT is dated for identification this 19th day of September 2022 and amends that certain agreement for audit services dated May 24, 2017, made by and between the Town of Los Gatos, ("Town,") and Badawi & Associates. (“Consultant”) RECITALS
A. Town and Consultant entered into an auditing services Agreement on May 24, 2017,
(“Agreement”), a copy of which is attached hereto and incorporated by reference as
Exhibit A to this Third Amendment.
B. Town and Consultant entered into a First Amendment to the Agreement on March 6,
2020, (“Agreement”), a copy of which is attached hereto and incorporated by
reference as Exhibit B to this Third Amendment.
C. Town and Consultant entered into a Second Amendment to the Agreement on June
21, 2022, (“Agreement”), a copy of which is attached hereto and incorporated by
reference as Exhibit C to this Third Amendment.
AMENDMENT 1. Section 2.2 – Term and Time of Performance is hereby amended to state this contract will remain in effect from June 1, 2017 to October 30, 2022.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos Approved as to Consent:
By: _______________________________ By:________________________
Laurel Prevetti, Town Manager Ahmed Badawi, CPA
Department Approval:
_______________________________________
Gitta Ungvari
Interim Finance Director
Approved as to Form: Attest:
______________________________ ______________________________
Gabrielle Whelan, Town Attorney Wendy Wood, Town Clerk
This Page Intentionally Left Blank
DocuSign Envelope ID: 7C6E2A74-26D9-43EC-B7A0-EDCD4D5B2590
SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 2l51 day of June
2022 and amends that certain agreement for audit services dated May 24, 2017, made by and
between the Town of Los Gatos, ("Town,") and Badawi & Associates. ("Consultant")
RECITALS
A.Town and Consultant entered into an auditing services Agreement on May 24, 2017,
("Agreement"), a copy of which is attached hereto and incorporated by reference as
Exhibit A to this Second Amendment.
B.Town and Consultant entered into a First Amendment to the Agreement on March 6,
2020, ("Agreement"), a copy of which is attached hereto and incorporated by
reference as Exhibit B to this Second Amendment.
AMENDMENT
1.Section 2.6 -Compensation is hereby amended to add $5,400 for a total Agreement
amount not to exceed $173,385.
2.All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos
By:Ci::::z-;� 7/14/2022
fo3F1=t:A21=839470 Laurel Prevetti, Town Manager
Department Approval:
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� 8007F92FD 1 084 FF Gitta Ungvari
Interim Finance Director
Approved as to Form:
l_i;"�&Y'Wlu,b, -m=ro,s=.,,,.-···---------Gabrielle Whelan, Town Attorney
Badawi & Associates -Second Amendment
1
Attest:
Approved as to Consent: 1-DocuSigned by: By:! U�t-J, f;�Jo.;»iI 3Uc�D''M"'" .. ------Ahmed Badawi, CPA
/-DocuSigned by: I����B'9l5'6oF6'5Bl"F34=.----------Shelley Neis, MMC, Town Clerk
ATTACHMENT 2