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HomeMy WebLinkAboutReso 2007-1106 RESOLUTION NO. 2007- II O~ A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING RFP NO. 07-04-01 TO AND ENTERING INTO AN AGREEMENT WITH RACHLIN COHEN & HOL TZ FOR PROFESSIONAL AUDITING SERVICES, FOR A THREE (3) YEAR PERIOD, IN THE AMOUNTS OF $41,250.00 FOR FISCAL YEAR 2006/2007; $42,488.00 FOR FISCAL YEAR 2007/2008; AND $43,763.00 FOR FISCAL YEAR 2008/2009, ATTACHED HERETO AS EXHIBIT "A", BASED ON THE PRICING, TERMS, AND CONDITIONS LISTED IN THE BID RESPONSE, ATTACHED HERETO AS EXHIBIT "B"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE "'HE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4.10 of the Sunny Isles Beach Charter ("Charter") requires an independent audit of the City accounts on at least an annual basis; and WHEREAS, Rachlin Cohen & Holtz (RCH) has provided professional auditing services for the City, wherein the current agreement with RCH expired upon completion of the audit for Fiscal Year 2005/06; and WHEREAS, in accordance with industry best practices as established by the Government Finance Officers Association (GFOA), the City issued Request for Proposals No. 07-04-01 for Professional Audit Services, for which five (5) responses were received; and WHEREAS, staff reviewed all the proposals received and have determined that the bid response from Rachlin Cohen & Holtz, attached hereto as Exhibit "B", is the lowest most responsive responsible bid on terms of municipal experience in the State of Florida; and WHEREAS, the City wishes to enter into an agreement with RCH to provide annual auditing services for a three (3) year period, in the amounts of $41,250.00 for Fiscal Year 2006/2007, $42,488.00 for Fiscal Year 2007/2008, and $43,763.00 for Fiscal Year 2008/2009, attached hereto as Exhibit "A", and exclude the single audit fee which is not being approved at this time. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. R2007- Auditor Rachlin Cohen Holtz.Doc Section 2. Award of RFP and Approval of Agreement. The City Commission hereby awards RFP No. 07-04-01 to and enters into an agreement with Rachlin Cohen and Holtz, LLP, for professional auditing services for a three (3) year period, in the amounts of $41 ,250.00 for Fiscal Year 2006/2007, $42,488.00 for Fiscal Year 2007/2008, and $43,763.00 for Fiscal Year 2008/2009, attached hereto as Exhibit "A", based on the pricing, terms, and conditions listed in the bid response, attached hereto as Exhibit "B". Excluding the single audit fee, which is not being approved at this time. Section 3 Authorization ofMavor. The Mayor is hereby authorized to execute said Agreement. Section 4 Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 5. Effective Date. This Resolution is effective upon passage. PASSED AND ADOPTED this 21 st day of June 2007. ATTEST: . .&:~.~~ Jim,e A. Hines, C~C, City Clerk . . Moved by: C -OW\ ~~ GOOt:;,M'PrAl Seconded by: Co~ 6R~21 tJ Vote: S-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~(Yes) V (Yes) V(Y es) ~(Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) R2007- Auditor Rachlin Cohen Holtz.Doc 2 Of ~U"" CITY OF SUNNY ISLES BEACH RACHLIN COHEN & HOLTZ CONSULT ANT AGREEMENT CONTRACT NO: C0607-093 THIS CONTRACTU~L AGREEMENT (hereinafter referred to as the "Agreement") is made in triplicate, this -:2. \ ~ day of ~u. to ~ , 2007, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and RACHLIN COHEN & HOL TZ, LLP, (hereinafter referred to as "Consultant") whose Federal 1.0. # is RECIT ALS WHEREAS, the City is in need of a professional auditing consultant to audit the basic financial statements of the City as of and for the fiscal years ending September 30, 2007, 2008 and 2009 and to provide an opinion on the conformity of this material with accounting principles generally accepted in the United States, ("Services); and WHEREAS, the Consultant will also provide additional documentation, including reporting on internal control, that will be subject to the auditing procedures applied in the audit of the basic financial statements, ("Services"), as more fully described in Attachment "A"; and WHEREAS, the Consultant will provide these auditing Services for the City for the years ended September 30, 2007, 2008 and 2009, as more fully described in Attachment "A"; and WHEREAS, the Consultant represents that it' has expertise to perform these Services; and WHEREAS, the City desires to retain Consultant to continue to perform these Services which Consultant provided to the City for the fiscal years 2007, 2008 and 2009. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall audit the basic financial statements of the City as of and for the fiscal years ending September 30, 2007, 2008 and 2009 and will provide additional documentation to the City, as more fully described in Attachment "A", attached hereto and made a part hereof. C0607-093 Rachlin Cohen & Holtz Consultant Agreement ~\~ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 8 hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end upon the completion of Services described in Attachment "A", and may be extended as necessary, in writing by the parties hereto. The required Schedule for the 2007 Fiscal Year Audit will be for the firm to submit Twenty- five (25) copies of the audit report no later than February 28, 2008. A representative will present the findings at the March commission meeting. For subsequent audits, the audit copies shall be delivered no later than January 31 and the findings presented at the February commission meeting. 4. COMPENSATION. Payment to Consultant for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A". The estimated fees for this engagement will be $41,250.00 for fiscal year 2007, $42,488.00 for fiscal year 2008, and $43,763.00 for fiscal year 2009 (excluding Federal or Florida Single Audit Act requirements - as reflected in Attachment "A") 5. STAFFING CHANGES. Engagement partners, managers, other supervisory staff and specialists initially assigned to this Agreement between City and Consultant may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express written permission of the City of Sunny Isles Beach. However, in either case, the City of Sunny Isles Beach retains the right to approve or reject replacements who are subsequently assigned to this Agreement between the City and Consultant. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City, Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 2 C0607-093 Rachlin Cohen & Holtz Consultant Agreement S\~ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 8. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of Services pursuant to that Agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. If, through any cause within reasonable control, the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Nothwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Consultant and the City may reasonably withhold payment to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. 3 C0607-093 Rachlin Cohen & Holtz Consultant Agreement S\Y> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax I B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of Paragraphs A(i) and A(ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 1 O. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 11. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 12. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 4 C0607-093 Rachlin Cohen & Holtz Consultant Agreement s\tt> Ii City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 13. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City to A. John Szerlag, City Manager with a copy to Hans Ottinot, City Attorney, at City of Sunny Isles Beach, 18070 Collins A venue, Sunny Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to G. Jerry Chiocca, CPA, Rachlin Cohen & Holtz, LLP, One Southeast Third Avenue, Tenth Floor, Miami, FL 33131, Telephone (305) 377-4228. Fax (305) 377-8331. 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 15. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 16. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 17. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. 5 C0607-093 Rachlin Cohen & Holtz Consultant Agreement SIB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 19. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: RACHLIN COHEN & HOLTZ, LLP BY: ~ ~ eJ.~ lJ. Jt] y Chi cca, CPA, Partner . .~~~~E,~!-:Q:' , .A . 1 ' ~ BY~ '~~'M ~ ~. Jane A,'Hines, CMC, City Clerk TO FORM AND CY t, City Attorney 6 C0607-093 Rachlin Cohen & Holtz Consultant Agreement S\~ Cnhen &Holtz Accountants Advisors May 25, 2007 Honorable Mayor ,City Commissioners City of Sunny Isles Beach 18070 Collins Avenue Sunny isles Beach, FL 33160 We are pleased to confirm our understanding of the services we are to provide the City of Sunny Isles Beach for the years ended September 30, 2007, 2008 and 2009 with an additional 2 year option. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements, of the City of Sunny Isles Beach as of and for the years ended September 30, 2007, 2008 and 2009. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany the City of Sunny Isles Beach's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. 2. Schedule of Funding Progress. 3. Schedule of Employer Contributions. Supplementary information other than RSI, such as combining and individual fund financial statements, also accompanies the City of Sunny Isle Beach's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements: 1. Schedule of Expenditures of Federal Awards. 2. Schedule of Expenditures of State Financial Assistance. 3. Combining Fund Financial Statements. The following additional information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion. 1. Introductory Section. 2. Statistical Section. rB ~ Rachlin Cohen & Holtz LlP One Southeast Third Avenue. Tenth Floor. Miami, Florida 33131 · Phone 305.377.4228 · Fax 305.377.8331 · www.rachlin.com S \ B An Independent Member of Baker Tilly lniernational Honorable Mayor, City Commissioners City of Sunny Isles Beach May 25, 2007 Page 2 Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on- . Internal control related to the financial statements and compliance with laws, regulations, contracts, agreements, and grants, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. . Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations and the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General of the State of Florida. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the commission, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A- 133, the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General of the State of Florida, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A-133, and the Florida Single Audit Act, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business- type activities, , each major fund, and the aggregate remaining fund information of the City of Sunny Isles Beach and the respective changes in financial position and, where applicable, cash flows in conformity with U.S. generally accepted accounting principles; and for federal award program compliance with I II · C:Oherl &l-loltz ~\~ Honorable Mayor, City Commissioners City of Sunny Isles Beach May 25, 2007 Page 3 applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for the basic financial statements and all accompanying information as well as representations contained therein. You are responsible for management decisions and functions. As part of the audit, we will assist with the preparation of the draft of your financial statements, schedule of expenditures of federal awards and state financial assistance, and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further, you are required to designate a qualified management-level individual to be responsible and accountable for overseeing our services. Management is responsible for making all financial records and related information available to us, including any significant vendor relationships in which the vendor has the responsibility for program compliance and for the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatement aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants. Additionally, as required by OMB Circular A-133 and Chapter 10.550 rules of the Auditor General, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. Management is responsible for establishment and maintenance of a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, and the timing and format related hereto. Cohen, .&f-ioltz ~\~ Honorable Mayor, City Commissioners City of Sunny Isles Beach May 25, 2007 Page 4 Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures-Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133 and Chapter 10.550 Rules of the Auditor General, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements II J : I I ; I , COhen \1 ,I lll.::&Holtz ~\~ Honorable Mayor, City Commissioners City of Sunny Isles Beach May 25,2007 Page 5 applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133 and Chapter 10.550 Rules of the Auditor General. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under professional standards, Government Auditing Standards, OMB Circular A-133, and Chapter 10.550 Rules of the Auditor General. Audit Procedures-Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of City of Sunny Isles Beach's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 and Chapter 10.550 Rules of the Auditor General require that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of test of transactions and other applicable procedures described in the OMB Circular A-i33 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Sunny Isles Beach's major programs. The purpose of those procedures will be to express an opinion on the City of Sunny Isles Beach's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133 and the Florida Single Audit Act. Audit Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. ,1111 GJherz · l.'II.1 :&J-{O!tz ~\~ Honorable Mayor, City Commissioners City of Sunny Isles Beach May 25, 2007 Page 6 At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide our reports to the City of Sunny Isles Beach; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of Rachlin Cohen & Holtz LLP and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to the City of Sunny Isles Beach or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Rachlin Cohen & Holtz LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by the the City of Sunny Isles Beach. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We estimate that our fees for this engagement will be $41,250 for $2007; $42,488 for 2008 and $43,763 for 2009 (excluding Federal or Florida Single Audit Act requirements - see below). Our hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to the audit. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If additional time is required because of unexpected circumstances or for changes in the requirements of the Governmental Accounting Standards Board or our professional auditing standards or changes in the funds structure of the City, we will discuss these circumstances with you and arrive at a new fee estimate before we incur the additional costs. In addition, if the City is required to undergo an audit in accordance with the Federal Single Audit Act and OMB Circular A-133, Audits of States, Local Governments, and Not-for-Profit Organizations Receiving Federal Awards during any year of this contract, the additional fee will be $6,500 for the year ended September 30, 2007; $6,500 for the year ended September 30,2008 and $7,000 for the year ended September 30,2009. This fee is dependent on the number of federal programs that have to be tested as a . !. GJherl ." 1, : ~ I ~~'I&rloltz s\~ , , Honorable Mayor, City Commissioners City of Sunny Isles Beach May 25, 2007 Page 7 major program in accordance with the requirements of the Federal Single Audit Act and OMB Circular A-133. If there is more than one (1) program to be tested as a major program, as determined under the requirements ofOMB Circular A-133, we will discuss the additional fees with you. In addition, if the City is subject to the Florida Single Audit Act, the additional fee will be $6,500 for the year ended September 30, 2007; $6,500 for the year ended September 30, 2008 and $7,000 for the year ended September 30, 2009 This fee is dependent on the number of state programs that have to be tested as a major program in accordance with the requirements of the Florida Single Audit Act. If there is more than one (1) program to be tested as a major program, as determined under the requirements of the Florida Single Audit Act, we will discuss the additional fees with you. Our invoices for these fees will be rendered as the work progresses, and are payable on presentation. In accordance with our firm policies, should any invoices remain unpaid for more than thirty days, we reserve the right to defer providing any additional services until all outstanding invoices are paid. A late payment charge of I % per month will be added to all unpaid balances after thirty days. You agree that we are not responsible for the impact on the City of any delay that results from such non-payment by you. We acknowledge your right to terminate our services at any time, and you acknowledge our right to resign at any time (including instances where in our judgment, our independence has been impaired or we can no longer rely on the integrity of management), subject in either case to our right to payment for charges incurred to the date of termination or resignation. It is our goal to maintain a constructive and positive relationship with you. If for any reason you are dissatisfied with the quality or costs of our services, please let us know so we can discuss and, hopefully, rectify the problem. Should we be unable to amicably resolve any such dispute, we believe a prompt and fair resolution, without the time and expense of formal court proceedings, would be in our mutual interests. To this end, we both agree that any controversy (including fee disputes and malpractice claims) we may have shall be submitted to binding arbitration to be conducted in Florida before the American Arbitration Association (AAA) in accordance with the Commercial Arbitration Rules of the AAA. We both waive any right to bring a court action, or to have a jury trial, and agree that the party prevailing in any arbitration shall be entitled to recover from the non-prevailing party its reasonable attorney's fees and costs, including fees and costs which might be incurred in litigation related to the arbitration. In accordance with our firm's policy, the terms of this engagement letter are subject to approval by our internal Client Acceptance Committee. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report has been provided to you. : Coherl I i ': &Holtz s,<o ^ _,._,.,.. .-,." .....I-~. A .-J...r:" ._-"44" Honorable Mayor, City Commissioners City of Sunny Isles Beach May 25, 2007 Page 8 It is our intention to present the financial statements to the City Commission during the meetings in February. In addition, the City has the right to approve changes in the staffing of the engagement throughout the time of the engagement. This contract is renewable at the option of the City. We appreciate the opportunity to be of continued service to the City of Sunny Isles Beach and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, il.LAAJ a.-.-..:. ~~ Chiocca, CPA Partner RESPONSE: This letter correctly sets forth the understanding of the City of Sunny Isles Beach By: Title: Date: F:\07\11680 Single Audit Engagement Letter . I~ I I I GJhen h. ~\ ~ JllI11 &Holtz ~\~ ^ ._.. " .-~....... ._.~.....~. ,-, A ..-1,-,; C'.......rl:" City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission Via: A. John Szerlag, City Manager FROM: Douglas Haag, Assistant City Manager-Finance DATE: June 21, 2007 RE: PROPOSALS FOR AUDIT SERVICES RECOMMENDATION: Approve the attached resolution and agreement with Rachlin Cohen & Holtz for annual auditing services for the next three years - beginning with FY 2006-07. There is an option for an additional two years for a total of five. However, the City has the option of renewing each year. f:.."",a,{ \.11\\ \)~ Clp~\-Op~~J \~ ~ ZOOl-()Q) \.;uJ'it.t tOY' aeet \(}-SI3 - 53;1..OY)WlIf-' BACKGROUND: In accordance with industry best practices as established by the Government Finance Officers Association (GFOA), in April, 2007 the City issued an RFP for auditing services. The current agreement with Rachlin Cohen & Holtz expired upon completion of the audit for FY 2005-06. The following five firms submitted proposals: Keefe, McCullough & Co., LLP Alberni Cabarello & Castellanos BKR Garcia & Company Grau & Associates Rachlin Cohen & Holtz Each of the firms submitted quality proposals and are licensed to do business in the State of Florida. All firms are deemed independent and having no conflict of interest that would impeded their ability to issue an audit on behalf of the City. All firms demonstrated an adequate audit approach and methodology as well as producing professional management letters and some CAFR experience. However, of the five firms, one firm stood out in terms of municipal experience in the State of Florida. The City's existing auditors - Rachlin Cohen & Holtz - performed 27 municipal audits Page 2 in 2006. For these 27 clients, Rachlin Cohen & Holtz has performed a total of 215 audits. The next closest firm was Keefe, McCullough & Co., LLP with 12 municipal audit clients and a total of 81 audits for those clients. The total municipal audit hours for Rachlin Cohen & Holtz in 2006 was 19,560 as compared to 4,815 for Keefe, McCullough & Co., LLP. The other firms responding to the RFP had 6 or less municipal clients in 2006. Following is a summary of the scoring criteria that was used in evaluating the five proposals: EVALUATION OF AUDIT PROPOSALS CRITERIA MAX KMC ACC BKR GRAU RCH 1 Mandatory a) FL Licensed & independent 0 0 0 0 0 0 b) No conflict 0 0 0 0 0 0 c) Followed format 0 0 0 0 0 0 d) External QC report 0 0 0 0 0 0 2 Technical Quality a) Expertise & experience (1) FL local govt experience 30 15 10 5 10 25 (2) Quality 30 20 15 10 15 25 b) Audit approach (1) Adequacy 25 15 20 20 20 20 (2) Mgmt letter 10 10 10 10 10 10 (3) CAFR experience 5 5 5 5 5 5 TOTAL 100 65 60 50 60 85 Total no. city audits 12 6 3 5 31 Total no. County audits incl above incl above incl above incl above incl above Total no. GAS audits last year 90 26 31 220 55 GFOA member? Y Y Y Y Y Top 100 firms? Y Total staff 50 27 24 15 140 Boca Location Fort Laud Coral Gables Miami Raton Fort Laud Years in business 35 30 52 Page 3 Following is a tabulation of the annual audit fees, estimated audit hours and hourly rates proposed by each firm: TABULATION OF AUDIT PROPOSALS YEAR AVERAGE KMC ACC BKR GRAU RCH 2007 $40,190 $37,500 $28,500 $62,000 $31,700 $41,250 2008 $42,390 $40,000 $30,000 $65,000 $32,800 $44,150 2009 $44,490 $42,500 $32,000 $67,000 $33,700 $47,250 TOTAL $127,070 $120,000 $90,500 $194,000 $98,200 $132,650 HOURS AVERAGE 2007 340.8 450 269 380 210 395 2008 348.4 475 282 380 210 395 2009 353.6 500 283 380 210 395 RATE AVERAGE 2007 $121.56 $83.33 $105.95 $163.16 $150.95 $104.43 2008 $125.92 $84.21 $106.38 $171.05 $156.19 $111.77 2009 $130.90 $85.00 $113.07 $176.32 $160.48 $119.62 KMC - Keefe, McCullough & Co., LLP ACC - Alberni Cabarello & Castellanos BKR - BKR Garcia & Company GRAU - Grau & Associates RCH - Rachlin Cohen & Holtz Page 4 Finally, The following local government client information was provided by Rachlin Cohen & Holtz: LOCAL GOVERNMENT AUDIT CLIENTS - RCH 2000 TYPE NAME # YEARS POPULATION HOURS City North Miami Beach 28 35,000 900 City North Miami 12 50,000 800 Town Bal Harbour 5 3,000 300 Village Key Biscayne 15 9,000 300 City Dania Beach 3 20,000 600 City Hialeah 10 188,000 1,200 City Homestead 15 27,000 810 City Lake Worth 2 35,000 1,020 City Marathon 4 10,000 300 City Miami 3 359,000 2,000 City Miami Gardens 3 101,000 260 City Miramar 10 73,000 700 City Sunny Isles Beach 10 12,000 390 City Indian Creek Village 5 33 220 County Miami-Dade 4 407,600 1,415 Water & Sewer Department 16 City Miami Shores Village 15 10,000 500 Town Lauderdale-By- The-Sea 8 3,000 300 Town South Palm Beach 5 1,000 150 Village Golf 10 228 150 Village Palmetto Bay 5 25,000 200 Village Pinecrest 12 19,000 270 Village Tequesta 6 5,000 350 Village Wellington 4 38,000 500 City Florida City 12 8,800 475 Town Cutler Bay 1 37,000 200 Town Bay Harbor Islands 3 5,200 350 Town Lantana 5 9,526 400 TOTALS 27 215 1,491,403 15,060 AVG 8 55,237 558 District Northern Palm Beach 10 N/A 750 County Improvement District County Broward County 2 N/A 4,500 County Broward County Sheriff's 2 N/A 350 Office (separate report) County Broward County Property 2 N/A 150 Appraiser's Office (separate report) Citv of Sunnv Isles Beach Bid Opening Request for Proposal No. 07-04-01 Professional Auditing Services 18070 Collins Avenue, 4th floor, Sunny Isles Beach, FL 33160 Opening Date and Time: Friday, May 4th, 2007, 10:00 a.m. PRESENT: Jane A. Hines, CMC, City Clerk Linda Dosal, Assistant Finance Director 5 responses to Bid No. 07-03-02 were received: (Fee for single audit would he negotiated. ) 1. BKR Garcia & Company Attn: Pablo Llerena, CPA & Manuel M. Garcia, CPA 1110 Brickell Avenue, Suite 901 Miami, Florida 33131 Phone No.: 305-373-0123 ( 1 original and 4 copies received) Base Bid Amount 2007: $62.000.00 Base Bid Amount 2008: $65.000.00 Base Bid Amount 2009: $67.000.00 2. Keefe, McCullough & Co., LLP . ( 1 original and 4 copies received) Attn: Cynthia L. Calvert, CPA/Partner & Base Bid Amount 2007: $37.500.00 William G. Benson, CP A/Partner Base Bid Amount 2008: $40.000.00 6550 North Federal Highway, Suite 410 Base Bid Amount 2009: $42.500,00 Ft. Lauderdale, Florida 33308 Phone No.: 954-771-0896 5. 3. Rachlin, Cohen & Holtz Attn: G. Jerry Chiocca, CPA One Southeast Third Avenue, 10th Floor Miami, Florida 33131 Phone No.: 305-377-4228 4. Grau & Associates Attn: Antonio Grau, Jr., CPA 2700 North Military Trail, Suite 350 Boca Raton, Florida 33431 Phone No.: 561-994-9299 Alberni Caballero & Castellanos, LLP Attn: Nestor Caballero, CPA 4649 Ponce de Leon Blvd, Suite 404 Coral Gables, Florida 33146 Phone No.: 305-662-7272 Submitted by: I r".... ~::A~ Jane A. Hines, CMC, City Clerk ( 1 original and 4 copies received) Base Bid Amount 2007: $41.250.00 Base Bid Amount 2008: $44.150.00 Base Bid Amount 2009: $47.250.00 ( 1 original and 4 copies received) Base Bid Amount 2007: $31.700.00 Base Bid Amount 2008: $32.800.00 Base Bid Amount 2009: $33.700.00 ( 1 original and 4 copies received) Base Bid Amount 2007: $28.500.00 Base Bid Amount 2008: $30.000.00 Base Bid Amount 2009: $32.000,00 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner (305) 947-0606 City Hall (305) 947-2150 Building Department (305) 949-3113 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk August 6, 2007 G. Jerry Chiocca, CPA Rachlin Cohen & Holtz, LLP 1 SE 3 rd A venue, 10th floor Miami, Florida 33131 Re: Agreement with Rachlin Cohen & Holtz, LLP for Auditing Services Dear Mr. Chiocca: At its regular meeting of June 21, 2007, the Sunny Isles Beach City Commission adopted Resolution No. 2007-1106, which approved an agreement with Rachlin Cohen &.Holtz, LLP, for auditing services for a three-year period. Enclosed is a copy of the approving resolution and an original Agreement for your files. Please contact Assistant City Manager/Finance Doug Haag (305) 792-1701 regarding performance of this agreement. Thank you. Very truly yours, ~l\~ Jane A. Hines, CMC City Clerk Enclosures c: A. John Szerlag, City Manager Hans Ottinot, City Attorney Doug Haag, Assistant City Manager/Finance