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HomeMy WebLinkAbout#19 - Accounting Services AgreementSTAFF REPORT DATE: November 17, 2020 CONSENT TO: Mayor and Council AGENDA ITEM: AEM Contract for Accounting Services SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The city has been contracting finance director level services with Neil Soltis since February. Soltis is ready to return to retirement so staff sought other proposals to help with accounting services while the search for a new finance director continues. ISSUE BEFORE COUNCIL: Does Council approve the proposed contract for accounting services from AEM? PROPOSAL DETAILS/ANALYSIS: Included in your packet is a proposal from AEM to provide accounting services. The scope of services are outlined on page 11 and include monthly bank and investment reconciliation, complete and review journal entries, prepare audit work papers, and complete some state reporting requirements. The agreement would run until May 16, 2021 and could be canceled by the city with a 60 day notice. FISCAL IMPACT: Hourly fees as outlined in the proposal are: Partner $385 Senior Manager $280 Senior Associate $190 Accounting Specialist $155 Most of the work will be completed remotely, if work is required onsite ½ the hourly rate will be charged for travel along with the IRS mileage reimbursement rate. OPTIONS: 1) Approve the AEM Accounting Services Agreement 2) Amend and then approve the AEM Accounting Services Agreement 3) Do not approve the AEM Accounting Services Agreement RECOMMENDATION: “Motion to approve the AEM Accounting Services Agreement.” ATTACHMENT: • AEM Accounting Services Proposal 5201 Eden Avenue Suite 250 Edina, MN 55436 P: (952) 835.9090 • F: (952) 835.3261 100 Warren Street Suite 600 Mankato, MN 56001 P: (507) 625.2727 • F: (507) 389.9139 www.aemcpas.com Accounting Services Proposal City of Lake Elmo November 6, 2020 November 6, 2020 Kristina Handt, City Administrator City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 Dear Kristina, Thank you for the opportunity to submit this proposal to the City of Lake Elmo, Minnesota (the City) for accounting services. Based on our past experience with cities of comparable size and complexity, we believe our structured contract with defined outcomes offered through AEM Financial Solutions, LLC (AEMFS) would provide the City with excellent accounting services. We believe our solution will continue to result in the City receiving high level information and continual improvement of processes. Our proposal is based on the needs of the City laid out in the request for proposal and the experiences we have had working with other cities. The proposal outlines the scope of services we believe will address the needs of the City. The term of this contract shall be from November 16, 2020 to May 16, 2021. An AEMFS representative will perform services remotely as noted on the Scope of Services page. If necessary, an AEMFS representative will be in the City offices. Investment by the City for services is indicated in the financial page. AEMFS would like to thank the City for the opportunity. We look forward to exceeding your expectations and developing a long-term, mutually beneficial relationship. Sincerely, AEM Financial Solutions, LLC an Abdo, Eick & Meyers, LLP Company Jean D. McGann, CPA President, AEM Financial Solutions, LLC Partner, Abdo, Eick & Meyers, LLP 2 Table of Contents Government Experience 4 Technology 5 Your Team 6 Team Bios 7 Value & Scope of Service 11 What Our Clients Say 12 Why AEM?13 Appendix A (Agreement for Financial Services)14 Appendix B (Agreement for the Provision of Professional Services)19 3 Government Experience You can have confidence in our 10 years of consulting services, over 55 years of quality accounting services and partnership in the government space. Since 1963, we’ve served cities just like yours. With an unwavering commitment to streamlining processes, training staff, and finding technology-based solutions, we proudly offer excellence in city consulting and auditing. Out of our 160-strong, talented staff, over 40 team members are 100% focused on government clients, including services for over 100 cities and other governmental entities. By serving cities across Minnesota, we have become experts in the nuances of how to best support your city. Our expertise affords you a consulting experience that is painless. We do this by communicating up front, coming better prepared, and being available throughout the year to support you. Our Process Our methods are centered around incorporating technology to deliver unparalleled solutions for government organizations. In addition to our consulting experience, our firm expertly performs outsourcing for governments giving us a wealth of experience in a consulting role. We don’t believe in a one-size-fits-all mentality. So together, we’ll focus on the needs that are relevant to your city and provide the right services to meet them with a customized methodology based on your needs. We’re focused on developing creative, customized solutions to help your city mitigate costs and boost efficiency. Our Focus Through continuous training and growth opportunities, we’ve established an environment with a focus on serving city governments. We spend more than 100 hours training and onboarding to ensure success for our clients. We truly hope that you allow us to be your partner. Together, we’ll go beyond the numbers to best support your city. Our Financial Management and Consulting Services Include: •Arbitrage compliance •Budget process development •Capital improvement planning •Cash flow analysis •Cost containment processes •Debt management plans •ERP system consulting •Finance Director services •Financial management plans •Financial reporting and analysis •Fleet: Operations and replacement rate analysis •Interim accounting and financial services •Internal control evaluation •Long-term strategic planning •Payroll processing •Policy development •Process flows and efficiencies •Project management •Quarterly and monthly reporting to management •Reconciliations •Software implementation •Utility/fee analysis •Year-end audit preparation and financial statement preparation Our Qualifications GFOA and MnGFOA Association members Government operations training MSRB Municipal Advisor Qualified Representatives (Series 50) Consulting services for over 100 cities We’ve assisted many municipalities in preparing for the GFOA’s Certificate of Achievement for Excellence awards in financial reporting 4 Technology AEM Technology We believe technology should enhance our service offerings, making our work less intrusive, our time with you more productive and keep everyone’s data more secure. Our use of technology in providing financial accounting services enables us to streamline our work.. It also helps us to automate certain functions of accounting services, so we are free to spend more time analyzing our results and working directly with you. AEM takes the security of our data and our client's data very seriously. A number of systems are in place to ensure the safety of your organization’s data with us. We operate in a completely remote hosted environment. This not only allows us to work from any computer, anywhere, any time, but also provides large scale, cutting edge technology and security for your data. Your data is housed in a secure data warehouse, not on laptops or local servers. It also means: All firm staff use dual authentication for every login to our remote environment Our data is saved on redundant servers so if one server fails, another server immediately takes over Our data is backed up continually All email and embedded links are scanned for viruses prior to landing in our inbox Our remote host vendor works exclusively with public accounting firms. Their client base includes approximately 300 firms. They maintain a Service Organization Control 2 (SOC 2) report covering their organizational controls over security, processing integrity, etc. This report is available if you’d like to review it. 5 Your Team In assembling our team to serve the City of Lake Elmo, we have assigned experienced individuals who know and understand your unique financial accounting needs. Our proposed delivery team has substantial experience working with cities similar to Lake Elmo. Our team members and their respective experience are briefly profiled below. Full biographies for the team are located on the following pages. Team Member Jean McGann Partner, President, CPA 24 Years of Experience Brenda Davitt Senior Supervisor 30+ Years of Experience Ashley Feldewerd Associate 7 Years of Experience Jessi Sturtz Associate 8 Years of Experience 6 Team Bios Team Member Background & Expertise Jean McGann, CPA Partner | Abdo, Eick & Meyers LLP President | AEM Financial Solutions, LLC Registered Municipal Advisor jean.mcgann@aemfs.com Direct Line (952) 715.3059 Jean joined the Firm in 2013. She is licensed to practice as a CPA in Minnesota. Jean leads the Financial Solutions team providing financial management services, budget development and oversight, operational assessments, ERP system consulting, arbitrage compliance and customized solutions for government and nonprofit agencies as well as professional service firms. Education •Bachelor of Arts, Buena Vista University, Storm Lake, Iowa •Continuing professional education as required by AICPA and Government Accountability Office Professional Memberships •American Institute of Certified Public Accountants (AICPA) •Minnesota Society of Certified Public Accountants (MNCPA) •Minnesota Government Finance Officers Association •Government Finance Officers Association of the United States and Canada •Minnesota Clerks & Finance Officers Association (MCFOA) Affiliations •Finance and audit committee member for Project for Pride in Living Qualifications •24 years of experience in finance and auditing •Over 8 years of experience in operations management •Highly skilled in strategic planning and financial forecasting •Experience in identifying and implementing cost containment processes, efficiencies and streamlining processes •Policy development, internal control evaluation and project management experience •MSRB Municipal Advisor Qualified Representative (Series 50) 7 Team Bios Team Member Background & Expertise Brenda Davitt Senior Supervisor brenda.davitt@aemfs.com Direct Line (952) 939.3210 Brenda joined the AEM Financial Solutions group in 2020 bringing with her over 30 years of governmental experience. Her past includes working for Washington County as an Accountant, Budget Analyst and Finance Supervisor. She then moved on to become the Assistant Finance Director for the City of Roseville and later as the Finance Director for the City of New Brighton. Education •Bachelor of Science in Finance, St. Cloud State University •Advanced Governmental Institute, University of Madison & Government Finance Officers Association •Advanced Police Budgeting and Cost Analysis, Northwestern University Professional Memberships •Minnesota Government Finance Officers Association (MNGFOA) •Government Finance Officers Association of the United States and Canada Qualifications •Over 30 years of experience working in governmental accounting •Project management with ERP system implementation •Policy development and internal control evaluations •Experience in long range utility rate studies, Capital Improvement, Debt Management, and Financial Analysis Plans •Management of cash flows and compliance to legislative statutes and OSA regulations for Tax Increment Districts 8 Team Bios Team Member Background & Expertise Ashley Feldewerd Associate ashley.feldewerd@aemfs.com Direct Line (952) 715.3060 Ashley joined the firm in 2017 as a Financial Services Accounting Specialist after completing her degree from the Minnesota School of Business. Her past experience includes service to Minnesota municipalities, a financial institution and self-employment in the manufacturing and agriculture industries. Education •Associates Degree, Business Administrative Assistant, Minnesota School of Business Graduated with Honors •Continuing professional education Qualifications •7 years of experience working with local governments in administration and finance •3 years of experience working at a financial institution in administration and finance •Worked extensively with CTAS, Black Mountain, BD &A and Banyon 9 Team Bios Team Member Background & Expertise Jessi Sturtz Associate jessi.sturtz@aemfs.com Direct Line (507) 625.6861 Jessi joined the Firm in 2020 as an Associate in the Financial Solutions group. Prior to joining AEMFS, Jessie worked for a local government in southern Minnesota. She has eight years of experience working with local governments in accounting and has worked extensively with Banyon. Education •Bachelor’s Degree in Accounting –Rasmussen College •Continuing professional education Professional Memberships •Minnesota Certified Municipal Clerk (MCMC) Qualifications •8 years of experience working with local government •10 years experience working at a financial institute in accounting •Background with budgeting, transactional processes and payroll •Worked extensively with Word, Excel and Banyon 10 Value & Scope of Services We at AEM help cities achieve their financial goals. Our fees are based on the experience and level of the individuals who will be assigned to perform your work. Fees are also based on the assumption and limitations outlined in the scope of work that follows below. Below are the fees for our services. For on-site services, travel will be invoiced at ½ the hourly rate and mileage at the standard IRS rate. If services are requested outside of the scope of services indicated, AEMFS will discuss with the City and provide an estimate of cost for the requested services. Monthly fees will be invoiced throughout the remainder of this contract. Scope of Services Scope of Services AEMFS Contract Task Client Responsibility Frequency Cash & Investment Reconciliation Receive cash & investments statements & forward to AEM. Monthly Complete and review Journal Entries for accuracy Review and provide input Monthly Prepare work papers and gather support for the audit of the financial statements Cooperation in location of supporting documentation as needed November 2020 –May 2021 Prepare MN Dept of Revenue Year-End Reports: Property Tax Levy Report Certification of Truth & Taxation Provide 2021 Budget Detail December –January Prepare OSA Summary Budget Form Provide 2021 Budget Detail January Services Provided Service Period Interim Accounting Services November 16, 2020 to May 16, 2021 Hourly Rates Partner $385 Senior Manager $280 Senior Associate $190 Accounting Specialist $155 11 What Our Clients Say Client References We have long-term relationships with many cities in Minnesota. Our clients listed below serve as a sample of references of those we serve as their Finance Director. Additional references are available upon request. City of New Hope Kirk McDonald | 763.531.5112 Engagement partner –Jean McGann City of Crystal Anne Norris | 763.531.1140 Engagement partner –Jean McGann City of Hastings Julie Flaten | 651.480.2355 Engagement partner –Jean McGann City of New Brighton Devin Massopust | 651.638.2046 Engagement partner –Jean McGann 12 Why AEM? We Listen You will know you’re in the right hands well before delivery, but be assured that we will get you a great value for the investment of your time. We Engage Active engagement with DFK International and domestic industry associations allows us to provide maximum value to your organization. We Deliver Combining our internal expertise and technological resources with what we’ve learned about you allows us to deliver a solution that exceeds your expectations. Abdo, Eick & Meyers, LLP, established in 1963, has a professional staff of more than 150 in its Edina and Mankato offices. The two offices serve clients of all sizes and industries. Our services include audits, reviews and compilations, monthly accounting, tax planning and preparation, management advisory services and HR Outsourcing, to name a few. In addition, Abdo, Eick & Meyers, LLP is recognized as one of the Top 150 firms in the United States and the 13th largest firm in Minnesota. We're here because our clients need solutions to their challenges--not a commodity product. Through our dedication to teamwork, development and relationships, we will help our clients thrive. The investments into our People + Process make a difference for you, our valued client. We focus on the challenges and needs that are relevant to your business or government agency. This allows us to be thoughtful in our approach in providing you with the best solutions, and leave you assured in the value of our deliverable. The Firm is a member of the American Institute of Certified Public Accountants Division of Firms and has received an unmodified opinion on its Peer Review. Our Peer Review, which included nonprofit, was completed in 2017 and resulted in a pass rating. The Firm has not had any federal or state desk reviews or field reviews of its audits in the last three years. We have had no disciplinary action taken or pending against the Firm during the past three years with state regulatory bodies or professional organizations. We maintain library facilities which include current professional literature and specific information for the industries we serve. The Firm library is also reviewed as part of the external quality review program. The Firm has in-house training programs specific to our nonprofit clients. We also perform auditing and accounting updates for our clients that are organized by our staff. These practices ensure the quality of our staff over the term of engagement. 13 Appendix A 14 Agreement for Financial Services THIS AGREEMENT, is made and entered into on November 6, 2020 by and between the City of Lake Elmo, Minnesota (hereinafter referred to as the “City”), and AEM Financial Solutions LLC (hereinafter referred to as the “Contractor”). Articles of Agreement & Recitals WHEREAS,the City is authorized and empowered to secure from time to time certain professional services through contracts with qualified consultants; and WHEREAS,the Contractor understands and agrees that: 1.The Contractor will act as an Independent Contractor in the performance of all duties under this Agreement. Accordingly, the Contractor shall be responsible for payment of all taxes, including federal, state and local taxes and professional/business license fees arising out of the Contractor’s activities; 2.The Contractor shall have no authority to bind the City for the performance of any services or to obligate the City. The Contractor is not an agent, servant, or employee of the City and shall not make any such representations or hold himself/herself out as such; 3.The Contractor shall be the exclusive outsourced accounting service provider for the City during the term of this Agreement; 4.The Contractor shall perform all professional services in a competent and professional manner, acting in the best interests of the City at all times. 5.The Contractor shall not accrue any continuing contract rights for the services performed under this contract. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, it is agreed as follows: ARTICLE I INCORPORATION OF RECITALS The recitals and agreement set forth above are hereby incorporated into this Agreement. ARTICLE II LIABILITY INSURANCE Section 1 Liability Insurance: The Contractor shall obtain professional liability insurance, at their expense with liability insurance coverage minimums in the amount of $2,000,000, which Contractor must secure and maintain during the term of this Agreement. Contractor will provide City with proof of liability insurance coverage under this Agreement in writing upon request by the City. 15 AGREEMENT FOR FINANCIAL SERVICES -CONTINUED ARTICLE III DURATION OF THE AGREEMENT Section 1 Duration: This Agreement shall commence upon date of execution by all parties and will remain in effect until May 16, 2021 unless earlier terminated as provided in Sections 2 and 3. Section 2 City’s Termination Rights: City may terminate this Agreement upon sixty (60) days written notice in the event the City determines in its sole discretion that it is not in the City’s best interest to continue using Contractor’s services. The City may terminate on ten (10) days written notice if the Contractor fails to perform its obligations under this Agreement. Section 3 Contractor’s Termination Rights: Contractor may terminate this Agreement upon thirty (30) days written notice to City in the event City does not pay Contractor compensation as required under Article 5, Section 9 within fifteen (15) days after invoice is received by City. In the event of non-payment within thirty (30) days, Contractor shall give City an opportunity to cure the default by giving a notice of such non-payment and an additional five (5) days after the City’s receipt of the notice to remit such payment, prior to giving a notice of termination. Contractor can also terminate the Agreement with one hundred twenty (120) days written notice if the Contractor believes it is in its best interests to terminate the Agreement. ARTICLE IV RENEWAL OF THE AGREEMENT Section 1 Renewal Period: Not less than thirty (30) days prior to the expiration of this Agreement, the City may provide written notice of intent to renew this Agreement for an additional term of up to three years upon terms and conditions agreed upon by both parties to the Agreement. If no such renewal agreement is executed by the parties, the Agreement terminates without further action of either party on May 16, 2021. ARTICLE V GENERAL Section 1 Authorized City Agent: The City’s authorized agent for the purpose of administration of this Agreement is the City Administrator. Said agent shall have final authority for approval and acceptance of the Contractor’s services performed under this Agreement and shall further have responsibility for administration of the terms and conditions of this Agreement. All notices under this Agreement shall be sent to the person and address indicated below on the signature lines. Section 2 Amendments: No amendments or variations of the terms and conditions of this Agreement shall be valid unless in writing and signed by the parties. Section 3 Assignability: The Contractor’s rights and obligations under this Agreement are not assignable or transferable. 16 AGREEMENT FOR FINANCIAL SERVICES -CONTINUED ARTICLE V -CONTINUED GENERAL -CONTINUED Section 4 Data: Any data or materials, including, but not limited to, reports, studies, photographs, negatives, or any and all other documents prepared by the Contractor or its outside consultants in the performance of the Contractor's obligations under this Agreement shall be the exclusive property of the City, and any such data and materials shall be remitted to the City by the Contractor upon completion, expiration, or termination of this Agreement. Further, any such data and materials shall be treated and maintained by the Contractor and its outside consultants in accordance with applicable federal, state and local laws. Further, Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this Agreement. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 or other applicable law (hereinafter referred to as the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Upon receipt of a request to obtain and/or review data as defined in the Act, Contractor will immediately notify the City. The City shall provide written direction to Contractor regarding the request within a reasonable time, not to exceed fifteen (15) days. The City agrees to indemnify, hold harmless and defend Contractor for any liability, expense, cost, damages, claim, and action, including attorneys' fees, arising out of or related to Contractor's complying with the City's direction. Subject to the aforementioned, Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act. Upon termination and/or completion of this Agreement, Contractor agrees to return all data to the City, as requested by the City. Section 5 Entire Agreement: This Agreement is the entire agreement between the City and the Contractor, and it supersedes all prior written or oral agreements. There are no other covenants, promises, undertakings, or understandings outside of this Agreement other than those specifically set forth. Any term, condition, prior course of dealing, course of performance, usage of trade, understanding, or agreement purporting to modify, vary, supplement, or explain any provision of this Agreement is null and void and of no effect unless in writing and signed by representatives of both parties authorized to amend this Agreement. Section 6 Severability: All terms and covenants contained in this Agreement are severable. In the event any provision of this Agreement shall be held invalid by any court of competent jurisdiction, this Agreement shall be interpreted as if such invalid terms or covenants were not contained herein and such holding shall not invalidate or render unenforceable any other provision hereof. Section 7 Contractor Fiscal Decision Waiver: Contractor is responsible for providing the City with timely and accurate financial recommendations and information that allows City Council the ability to make final financial decisions. Contractor will provide final financial recommendations but is not responsible for the final decisions made regarding financial matters. Section 8 City Employment of Contractor’s Employees; Should the City desire to employ the Contractor’s employee that is assigned to the City during the term of this Agreement, it must have the written consent of the Contractor to enter into a City employee contract with the Contractor’s employee. Should the Contractor agree to such arrangement, the agreement will include a payment equal to 150% of the annual contracted cost, in addition to the annual contracted cost already paid to the Contractor. This restriction on employment applies during the term of this agreement and for six months thereafter. 17 AGREEMENT FOR FINANCIAL SERVICES -CONTINUED ARTICLE V -CONTINUED GENERAL -CONTINUED Section 9 Compensation: The parties agree that the Contractor shall be paid compensation for the services provided hereunder, payable for work performed in accordance with this Agreement, based on the fees indicated in Table 1 and under the attached scope of services. Additional fees will not be incurred without prior approval of the City. Table 1 For on-site services, travel will be invoiced at ½ the hourly rate and mileage at the standard IRS rate. If services are requested outside of the scope of services indicated, AEMFS will discuss with the City and provide an estimate of cost for the requested services. Monthly fees will be invoiced throughout the remainder of this contract. Section 10 Additional Services: Should the City request additional services in addition to the Contracted Services, the Contractor will provide the City with proposed fees for the services to be provided. The City shall provide a written or electronic confirmation prior to the proposed services implementation. Section 11 Outside Contractors: It shall be the responsibility of Contractor to compensate any other outside consultants retained or hired by Contractor to fulfill their obligations under this Agreement and shall be responsible for their work and Contractor, by using outside contractors, shall not be relieved of its obligations under this Agreement. Services Provided Service Period Interim Accounting Services November 16, 2020 to May 16, 2021 Hourly Rates Partner $385 Senior Manager $280 Senior Associate $190 Accounting Specialist $155 18 Appendix B 19 Agreement for the Provision of Professional Services WHEREFORE, this Agreement was entered into on the date set forth below and the undersigned, by execution hereof, represent that they are authorized to enter into this Agreement on behalf of the respective parties and state that this Agreement has been read by them and that the undersigned understand and fully agree to each, all and every provision hereof, and hereby, acknowledge receipt of a copy hereof. City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 Name Title Name Title Date AEM Financial Solutions, LLC 5201 Eden Ave. Suite 250 Edina, Minnesota 55436 Name ______________________________ Title President and Partner Date November 6, 2020 20