ANNUAL AUDIT - LETTER OF ARRANGEMENT - REQUEST FOR PROPOSAL
AGREEMENT
THIS AGREEMENT, made and entered into this~day of ~,
2005 by and between the CITY OF CLEARWATER, FLORIDA, a munic~al .
corporation, hereinafter referred to as "City," and Cherry, Bekaert &
Holland LLP, a firm of Certified Public Accountants, located at III
Second Avenue NE, Suite 800, St. Petersburg, Florida 33701,
hereinafter referred to as "Contractor;"
WITNESSETH
WHEREAS, the City is required by Article II, Section 2.01(c) (3)
of the City Charter to provide for an annual audit of its financial
accounts; and
WHEREAS, the City participates in various Federal, State and
County Assistance programs which require independent financial and
compliance audits in accordance with rules established by the u.S.
Department of Housing and Urban Development, Florida Auditor General,
and other agencies; and
WHEREAS, the Contractor is in the business of public accounting,
is fully qualified to meet the requirements of applicable City, State
and Federal law, and desires to perform the necessary services:
NOW, THEREFORE, the parties agree as follows:
1. This agreement relates specifically to the City's fiscal years
ending September 30, 2005 thru 2009. This agreement may be
terminated by the City on the basis of unsatisfactory
performance with written notice at least six months prior to
the September 30 fiscal year-end, or by the contractor for
reasons specified in the Engagement Letter which is hereby
incorporated by reference and made a part hereof. City
Charter Section 2.01(c) (3) currently prohibits any single
audit firm from being employed for more than five consecutive
years. The fees for subsequent years are fixed per this
agreement and not expected to deviate from the amounts stated
herein except for unanticipated significant changes in the
scope of auditing services required by the City.
1
2. The Contractor shall review the City's comprehensive annual
financial report for compliance with GAAP and the applicable
requirements of the Certificate of Achievement for Excellence in
Financial Reporting program of the Government Finance Officers
Association and assist the City in complying with new or existing
requirements. The Contractor shall, subject to the terms and
conditions of the engagement letter, render a report on the fair
presentation of the City's basic financial statements, including
governmental activities, business type activities, each major fund,
each non-major fund, and other aggregate data presented together with
the MD&A and supporting schedules , in conformity with generally
accepted accounting principles, for the fiscal years ending September
30, 2005 thru 2009. The Contractor is not required to audit the
supplementary information contained in the comprehensive annual
financial report, however, the Contractor shall provide an "in-
relation-to" report on the supplementary information based on the
audit procedures applied during the audit of the basic financial
statements and the combining and individual fund financial statements
and schedules.The Contractor is not required to audit the statistical
section of the report.
The Contractor shall also perform the required financial and
compliance audits associated with Federal, State, and County
Assistance programs in accordance with the Single Audit Act of 1984 as
amended(PL 98-502)and U.S. Office of Management and Budget (OMB)
Circular A-133; the provisions of the Florida Single Audit Act
(Section 216.3491 Florida Statutes); and rules of other agencies.
3. In performing the services described in #2 above, the
Contractor shall comply with the following:
o auditing standards generally accepted in the United
States of America
o the standards set forth for financial audits in the
U.S. General Accounting Office's (GAO) Government
Auditing Standards
o the provisions of the federal Single Audit Act
o U.S. Office of Management and Budget (OMB) Circular A-
133
o Section 11.45 Florida Statutes
2
o
the Rules of the Auditor General of the State of
Florida, Chapters 10.550 and 10.660
o
regulations of the State Department of Banking and
Finance
o
Audits of State and Local Governmental Units - AICPA
o
Chapter 73-600 of the Florida Statutes referring to
Fire District Audit requirements
As a part of the audit, the Contractor will consider the City's
internal control structure, as required by generally accepted auditing
standards and Government Auditing Standards.
4. Following the completion of the audit, the Contractor
shall, subject to the terms and conditions of the engagement letter,
render the following reports:
o
A report on the fair presentation of the financial
statements, including governmental activities, business
type activities, each major fund, (aggregate component
units, if applicable), each non-major fund, and other
aggregate data, in conformity with generally accepted
accounting principles.
o
A report on the internal control structure based on the
auditor's understanding of the control structure and
assessment of control risk.
o
A report on compliance with applicable laws and
regulations, including those relating to funds received
form a State of Florida grants and aid appropriation
pursuant to a grant or contract.
o
Report on compliance with requirements applicable to
each major federal financial assistance program and
internal control structure used in administering
federal financial assistance programs in accordance
with OMB Circular A-133.
o
Management Letter as required to comply with Section
10.554 (1) (g) of the Rules of the Auditor General of the
State of Florida.
o
A report on compliance with general compliance
requirements as required by the Single Audit Act and
OMB Circular A-133.
3
o A report on compliance as required by the Florida
Single Audit Act and Chapter 10.550, Rules of the
Auditor General of the State of Florida.
5. The Contractor shall retain all working papers for a minimum
of five (5) years, unless notified in writing by the City of the need
to extend the retention period. The Contractor shall make working
papers available, upon request, to the following parties or their
designees:
o City of Clearwater
o U.S. Department of Housing and Urban Development
o U.S. General Accounting Office (GAO)
o Parties designated by the federal or state governments
or by the City of Clearwater as part of an audit
quality review process
o Auditors of entities of which the City of Clearwater is
sub-recipient of grant funds
In addition the Contractor shall, providing all fees have been
paid, respond to the reasonable inquiries of successor auditors and
allow successor auditors to review working papers relating to matters
of continuing accounting significance.
6. The Contractor shall assist the City in scheduling the
Comprehensive Annual Financial Report to be completed and issued no
later than March 20, succeeding each fiscal year. Contractor/City
meetings will be held at least once per month until completion of this
contract. Weekly status meetings shall be held while the Contractor
is working at the City. The Contractor shall complete performance
under this contract by March 31 succeeding each fiscal year.
7. The Contractor shall bill the City and the City shall pay the
Contractor for the performance of the services under this contract on
the basis of the Contractor's normal and customary charges for such
services, plus ordinary out-of-pocket expenses customarily stated
separately by the Contractor in his general practice. The total
amount of this contract including out-of-pocket expenses shall not
4
exceed:
Fiscal 2005 $105,000
Fiscal 2006 $110,000
Fiscal 2007 $115,000
Fiscal 2008 $120,000
Fiscal 2009 $125,000
The City may, by amendment of this agreement, increase this maximum
fee and/or extend the completion date upon the Contractor's showing
evidence of conditions which require substantially more time than
would generally be required to perform the prescribed services.
Progress payments will be made periodically for work completed to date
based on invoices submitted by the Contractor. The sum of such
progress payments shall not exceed 90% of the maximum specified above.
The final payment will be made within 30 days of receipt of the final
audit reports.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written:
Countersigned:
~r~
~nk v. Hibbard
Mayor
By:
CITY OF CLEARWATER, FLORIDA
~'---~7l
William B. Horne, II
City Manager
Approved as to form
and correctness:
~ ~.
. 'l6' 1) ~ Am: OTY ATIDI1I\EY
~a a ~ Akl .
:...---"Ci Y Attorney
Attest:
Witnesses:
Cherry, Bekaert & Holland L.L.P.
By: 1~ 4~ CM
Attest:Csin~{ ()wdl/.--
5
CHERRY
BEKAERT&.
HOLLAND
Cherry, Bekaert & Holland, L.L.P.
The Firm of Choice.
www.cbb.com
CERTIFIED PUBLIC
ACCOUNTANTS &
CONSULTANTS
111 Second Avenue NE - Suite 800
SI. Petersburg, Florida 33701
phone 727.822.8811
fax 727.823.3493
June 27,2005
Mr. Jay Ravins
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756-5520
Dear Jay,
We are delighted to serve as the auditors for the City of Clearwater for the years ending
September 30, 2005 through 2009. I have enclosed 2 (two) signed copies of the
"Agreement". Please return a signed copy of the agreement to us at your earliest
convenience. I will then send you our letter of agreement once we have the date of the
approved Agreement.
We look forward to working with you and the City and developing a long term
relationship. Please call me once these are executed so we can move forward with the
planning for the FY 2005 audit work.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CHERRY, BEKAERT & HOLLAND, L.L.P.
d7(~~~
Laura Krueger Brock, CPA
Partner
~ "nlnd"p~ndentmemb"ro!
BAKER TIllY
'NTERNATlONAL
June xx, 2005
City of Clearwater
100 S. Myrtle Ave.
Clearwater, FL 33756-5520
Dear:
This letter of arrangement between the City of Clearwater, Florida (the City) and Cherry, Bekaert & Holland,
L.L.P. sets forth the nature and scope of the services we will provide, the City's required involvement and
assistance in support of our services, the related fee arrangements and other terms and conditions
designed to assure that our professional services are performed to achieve the mutually agreed upon
objectives of the City of Clearwater.
We agree to meet the specific requirements as stated in a separate agreement dated June XX, 2005.
SUMMARY OF SERVICES
We will audit the financial statements of the basic financial statements and the individual non-major funds
as described in the separate agreement dated June XX.
Any additional services that you may request, and that we agree to provide, will be the subject of separate
written arrangements.
Laura Krueger Brock, CPA, who will be responsible for assuring the overall quality, value, and timeliness of
our services to you, will lead the engagement.
YOUR EXPECTATIONS
As part of our planning process, we will discuss with you your expectations of Cherry, Bekaert & Holland,
L.LP., changes that occurred during the year, your views on risks facing you, any relationship issues with
Cherry, Bekaert & Holland, L.L.P., and specific engagement arrangements and timing. Our service plan,
which includes our audit plan, is designed to provide a foundation for an effective, efficient, and quality-
focused approach to accomplish the engagement objectives and to meet or exceed your expectations.
Our service plan will be reviewed with you periodically and will serve as a benchmark against which you will
be able to measure our performance.
TERMS AND CONDITIONS SUPPORTING FEE
As a result of our planning process, the City and Cherry, Bekaert & Holland, L.L.P. have agreed to a fee,
subject to the following conditions.
To facilitate meeting our mutual objectives, the City will provide in a timely manner audit schedules and
supporting information, including timely communication of all significant accounting and financial reporting
matters, as well as working space and clerical assistance as mutually agreed upon and as is normal and
reasonable in the circumstances. When and if for any reason the City is unable to provide such schedules,
information and assistance, Cherry, Bekaert & Holland, L.L.P. and the City will mutually revise the fee to
reflect additional services, if any, required of us to achieve these objectives.
In providing our services, we will consult with the City with respect to matters of accounting, financial
reporting, or other significant business issues. Accordingly, time necessary to effect a reasonable amount
of such consultation is reflected in our fee. However, should a matter require research, consultation, or
audit work beyond that amount, Cherry, Bekaert& Holland, L.L.P. and the City will agree to an appropriate
revision in services and fee.
Except for any changes in fees, which may result from the circumstances described above, our fees will be
limited to those set forth below.
FEE
Financial Audit - Our fees for these services will be based upon our customary billing practices at the time
of the engagement. Bills for services will be rendered as work progresses and are due within 15 days from
invoice date. A service charge will be added to past due accounts equal to 1 1/2% per month (18% annual
rate) on the previous month's balance less payments received during the month, with a minimum charge of
$2.00 per month. The fee for our audit as described in this letter will not exceed $105,000. This fee is
based on anticipated cooperation from your personnel and the assumption that unexpected circumstances
will not be encountered during the audit. If significant additional time is necessary, we will discuss it with
you and arrive at a new fee estimate before we incur the additional costs. Any modification to the fee shall
be in writing and signed by both parties. You agree to pay all costs of collection (including reasonable
attorneys' fees) that we may incur in connection with the collection of unpaid invoices.
The fees are based on auditing standards effective as of the date of this engagement letter. If new auditing
standards are issued and are effective for the period under audit described in this engagement letter that
require additional audit procedures that were not known at the date of this engagement letter, we will
estimate the impact of any new such standard on the nature, timing and extent of our planned audit
procedures and will communicate with you conceming the scope of the additional procedures and the
estimated fees.
LIMITATIONS OF THE AUDITING PROCESS
Our audit will include procedures designed to obtain reasonable assurance of detecting misstatements due
to errors or fraud that are material to the financial statements. Absolute assurance is not attainable
because of the nature of audit evidence and the characteristics of fraud. For example, audits performed in
accordance with GAAS are based on the concept of selective testing of the data being examined and are,
therefore, subject to the limitation that material misstatements due to errors or fraud, if they exist, may not
be detected. Also, an audit is not designed to detect matters that are immaterial to the financial statements.
In addition, an audit conducted in accordance with GAAS does not include procedures specifically
designed to detect illegal acts having an indirect effect (e.g., violations of fraud and abuse statutes that
result in fines or penalties being imposed on the City) on the financial statements.
As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133 and the Florida Single
Audit Act, our audit will include tests of transactions related to major federal award programs for
compliance with applicable laws and regulations and the provisions of contracts and grant agreements.
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 errors, fraud, other illegal
acts, or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect
immaterial errors, fraud, or other illegal acts or illegal acts that do not have a direct effect on the basic
financial statements or to major programs. It should be recognized that our audit generally provides no
assurance that illegal acts will be detected, and only reasonable assurance that illegal acts having a direct
and material effect on the determination of financial statement amounts will be detected. However, we will
inform you with respect to material errors and fraud, or illegal acts that come to our attention during the
course of our audit. We will include such matters in the reports as required for a Single Audit.
If, for any reason, we are unable to complete the audit, or are unable to form or have notformed an opinion
on the basic financial statements, we may decline to express an opinion or decline to issue a report as a
result of the engagement.
RESPONSIBILITIES AS TO INTERNAL CONTROLS
As a part of our audit, we will consider the City's internal control structure, as required by auditing
standards generally accepted in the United States of America and Government Auditing Standards,
sufficient to plan the audit and to determine the nature, timing, and extent of auditing procedures necessary
for. expressing our opinion concerning the basic financial statements. You recognize that the basic
financial statements and the establishment and maintenance of an effective internal control over financial
reporting are the responsibility of management. You also recognize that management is responsible for
identifying and ensuring that the City complies with the laws and regulations applicable to its activities.
Appropriate supervisory review procedures are necessary to provide reasonable assurance that adopted
policies and prescribed procedures are adhered to and to identify errors, fraud, or illegal acts. An audit is
not designed to provide assurance on internal control. As part of our consideration of the City's internal
control structure, however, we will inform you of reportable conditions and other matters that come to our
attention that represent significant deficiencies in the design or operation of the internal control structure, if
any, as required by OMB Circular A-133 and the Florida Single Audit Act.
As required by OMB Circular A-133, we will perform tests of controls to evaluate the effectiveness of the
design and operation of controls that we consider relevant to preventing or detecting material
noncompliance with compliance requirements, applicable to each majorfederal 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.
You are also 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 affecting the City involving (a)
management, (b) employees who have significant roles in intemal control, and (c) others where the fraud
could have a material effect on the financial statements. You are also responsible for informing us of your
knowledge of any allegations of fraud or suspected fraud affecting the company received in
communications from employees, former employees, regulators, or others.
RESPONSIBILITIES AS TO COMPLIANCE
Our audit will be conducted in accordance with the standards referred to in the section Summary of
Services. As part of obtaining reasonable assurance about whether the basic financial statements are free
of material misstatement, we will perform tests of the City'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 the Florida Single Audit Act 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 the applicable procedures described in the OMB Circular A-133 Compliance Supplement and the
Florida Single Audit Compliance Supplements for the types of compliance requirements that could have a
direct and material effect of each of the City's major programs. The purpose of those procedures will be to
express an opinion on the City's compliance with requirements applicable to major programs in our report
on compliance issued pursuant to OMB Circular A-133 and the Florida Single Audit Act.
REPRESENTATION FROM MANAGEMENT
Management is responsible for the fair presentation of the basic financial statements in conformity with
accounting principles generally accepted in the United States of America, for making all financial records
and related information available to us, and for identifying and ensuring that the entity complies with the
laws and regulations applicable to its activities. Management is also responsible for adjusting the financial
statements to correct material misstatements. Additionally, as required by OMB Circular A-133 and the
Florida Single Audit Act, it is management's responsibility to follow up and take corrective action on prior
audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The
summary schedule of prior audit findings and the corrective action plan should be made available to us
during the course of our engagement. Management, at the conclusion of the engagement, will provide to
us a representation letter that, among other things, addresses these matters and confirms certain
representations made during the audit, including, to the best of their knowledge and belief, the absence of
fraud involving management or those employees who have significant roles in the entity's internal control,
or others where it could have a material effect on the basic financial statements. The representation letter
will also affirm to us that management believes that the effects of any uncorrected misstatements
aggregated pertaining to the current year financial statements are immaterial, both individually and in the
aggregate, to the financial statements taken as a whole.
Cherry, Bekaert & Holland, L.L.P. will rely on the City's management providing these representations to us,
both in the planning and performance of the audit, and in considering the fees that we will charge to
perform the audit. Because we will be relying on management's representations, you agree to indemnify
Cherry, Bekaert & Holland, L.L.P., and its partners and employees, and hold them harmless from all claims,
liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by
an officer or employee of the City regarding fraud or suspected fraud regardless of whether such officer or
employee was acting in the Company's interest, and even if Cherry, Bekaert & Holland, L.L.P. acted
negligently or wrongfully in failing to uncover or detect such misrepresentation regarding fraud or
suspected fraud. This indemnification will survive termination of this letter.
COMMUNICATIONS
At the conclusion of the engagement, we will provide management, in a mutually agreeable format, our
recommendations designed to help the City make improvements in its internal control structure and
operations, and other matters that may come to our attention (see "Responsibilities as to Intemal Controls"
above ).
As part of this engagement we will ensure that certain additional matters are communicated to the
appropriate members of management and the City Council. Such matters include (1) our responsibility
under auditing standards generally accepted in the United States of America; (2) the initial selection of and
changes in significant accounting policies and their application; (3) our independence with respect to the
entity; (4) the process used by management in formulating particularly sensitive accounting estimates and
the basis for our conclusion regarding the reasonableness of those estimates; (5) audit adjustments that
could, in our judgment, either individually or in the aggregate be significant to the financial statements or
our report; (6) any disagreements with management conceming a financial accounting, reporting or
auditing matter that could be significant to the financial statements; (7) our views about matters that were
the subject of management's consultation with other accountants about auditing and accounting matters;
(8) major issues that were discussed with management in connection with the retention of our services,
including, among other matters, any discussions regarding the application of accounting principles and
auditing standards; and (9) serious difficulties that we encountered in dealing with management related to
the performance of the audit.
Government Auditing Standards require that we provide you with a copy of our most recent quality control
review report. Our most recent peer review report accompanies this letter.
ACCESS TO WORKING PAPERS
The working papers for the engagement are the property of Cherry, Bekaert & Holland, L.L.P. and
constitute confidential information.
Our Firm, as well as all other major accounting firms, participates in a "peer review" program, covering our
audit and accounting practices. This program requires that once every three years we subject our quality
assurance practices to an examination by another accounting firm. As part of the process, the other firm
will review a sample of our work. It is possible that the work we perform for you may be selected by the
other firm for their review. If it is, they are bound by professional standards to keep all information
confidential. If you object to having the work we do for you reviewed by our peer reviewer, please notify us
in writing.
SUBPOENAS
In the event we are requested or authorized by you or required by government regulation, subpoena, or
other legal process to produce our working papers or our personnel as witnesses with respect to our
engagement for you, you will, so long as we are not a party to the proceeding in which the information is
sought, reimburse us for our professional time and expense, as well as the fees and expenses of our
counsel, incurred in responding to such a request.
OTHER MATTERS
If any dispute, controversy or claim arises in connection with the performance or breach of this agreement,
either party may, on written notice to the other party, request that the matter be mediated. Such mediation
would be conducted by a mediator appointed by and pursuant to the rules of the American Arbitration
Association (AAA) or such other neutral facilitator acceptable to both parties. Both parties would exert their
best efforts to discuss with each other in good faith their respective positions in an attempt to finally resolve
such dispute, controversy, or claim.
The City and Cherry, Bekaert & Holland, L.L.P. both agree that any dispute over fees charged by the
accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for
Professional Accounting and Related Services Disputes of the AAA. Any award rendered by the Arbitrator
pursuant to this Agreement may be filled and entered and shall be enforceable in the Superior Court of the
County in which the arbitration proceeds. In agreeing to arbitration, we both acknowledge that, in event of
a dispute over fees charged by Cherry, Bekaert & Holland, L.L.P.t, each of us is giving up the right to have
the dispute decided in a court of law before a judge or jury and instead we are accepting the use of
arbitration for resolution.
The prevailing party shall be entitled to an award of reasonable attorneys' fees and costs incurred in
connection with the arbitration of the dispute in an amount to be determined by the arbitrator.
If the foregoing is in accordance with your understanding, please sign a copy of this letter in the space
provided and return it to us. If you have any questions, please call Laura Krueger Brock at (727)822-8811.
Very truly yours,
CHERRY, BEKAERT & HOLLAND, L.L.P.
Laura Krueger Brock, CPA
Enclosure
RESPONSE:
This letter correctly sets forth the understanding of the City of Clearwater, Florida.
. ,
~
By:
Title:
Date
By:
Title:
Date
REQUEST FOR PROPOSAL
FOR
ANNUAL INDEPENDENT CPA AUDIT FOR
THE CITY OF CLEARWATER, FLORIDA
RFP 14-05
Issued By:
Purchasing Department
Municipal Services Building, 3 rd Floor
100 S. Myrtle Avenue
Clearwater, Florida 33756-5520
(727) 562-4634
(727) 562-4635 FAX
Date of Issue: February 22, 2005
Due Date/Time for Receipt of Proposals: April 18, 2005 @ 4:00 PM
REQUEST FOR PROPOSAL FOR
ANNUAL INDEPENDENT CPA AUDIT FOR
THE CITY OF CLEARWATER, FLORIDA
I. INTRODUCTION
A. Purpose
The City of Clearwater is seeking proposals from qualified firms of certified public
accountants to audit the financial statements of the City of Clearwater, Florida (the City)
for the fiscal years ending September 30, 2005, 2006, 2007, 2008, and 2009. The audit
agreement is subject to annual approval by the City with grounds for termination
including poor performance, not adhering to time schedules, and excessive fee increases.
The City will select and negotiate with the firm whose proposal is most responsive to
this Request for Proposal (RFP) and in the best interest of the City. Proposals submitted
in response to the RFP must provide sufficient detail and information to complete an
evaluation of their merit. The instructions contained herein must be followed to be
considered responsive to the RFP. The City reserves the right to reject any or all
responses.
B. Calendar of Events
The City will utilize the following time table with the goal of selection. This schedule
may be altered as necessary at the City's discretion.
February 22, 2005
March 14, 2005
Release Date
Pre-submittal conference, 2:00 PM, Municipal Services Bldg.,
100 S. Myrtle Ave., Clearwater, FI, First Floor, Room 130.
RFP opening 4:00 PM, 100 S. Myrtle Ave, Clearwater, FI
33756
April 18, 2005
May 2, 2005
May 16, 2005
May 16, 2005
May 23, 2005
May 31, 2005
Preliminary ranking completed (Evaluation Committee)
Presentations by firms selected as finalists
Final ranking of firms (Evaluation Committee)
Negotiate contract
Staff recommendation for agenda item
1
Request for Auditing Services City of Clearwater RFP 14-05
C. Proposal Delivery
Seven (7) proposal copies shall be delivered to the City of Clearwater, Purchasing
Manager, 100 S. Myrtle Avenue, Clearwater, Florida 33756-5520, prior to opening time
of 4:00 PM, EDT, on April 18, 2005.
The delivery of proposals to the City of Clearwater Purchasing Office prior to the
specified date and time is solely and strictly the responsibility of the proposing firm. The
City shall not, under any circumstances, be responsible for delays caused by the United
states Postal Service or any private delivery service, or for other delays. All responses
must be manually and duly signed by an authorized corporate officer, principal, or partner
with the authority to bind said firm.
All responses must be marked on the outside:
"Request to provide Auditing Services for the City of Clearwater, Florida
To be opened at 4:00 PM, EDT, April 18, 2005"
Each proposer is solely responsible for reading and completely understanding the
requirements of this RFP. The opening time shall be and must be scrupulously observed.
Under no circumstances will proposals delivered after the specified delivery time be
considered. Late submissions shall be returned unopened to the firm with the notation:
"The proposal was received after the delivery time designated for the receipt and opening
of the proposals".
All proposals shall be prepared and submitted in accordance with the provisions of this
RFP. However, the City may waive any informalities, irregularities, or variances,
whether technical or substantial in nature, or reject any and all proposals at its discretion.
Any proposal may be withdrawn prior to the indicated time for opening of proposals or
authorized postponement thereof. No firm may withdraw a proposal within ninety (90)
days after the actual date of the proposal's opening.
D. Ranking of RFP's
Proposal ranking results will be announced and all responses shall be a matter of public
record. Criteria for evaluation are set forth in this document. These criteria will be used
by the City to determine, in its judgment, the proposal it deems to be in its best interest.
Negotiations will proceed, if at all, with the responsible ranked firm whose proposal is
determined by the City to be in its best interest. Offerors may be required to make
presentations. The City reserves the right to reject any or all responses with or without
cause.
2
Request for Auditing Services City of Clearwater RFP 14-05
II. SERVICES REQUIRED
A. Scope of Services
. Express opinion on the fair presentation of the City's basic financial statements in
conformity with generally accepted accounting principles.
. Express opinion on the fair presentation of City's individual nonmajor governmental,
nonmajor enterprise, internal service and fiduciary funds financial statements,
including any budgetary comparisons presented as basic financial statements, in
conformity with generally accepted accounting principles. The auditor is not required
to audit the supporting schedules contained in the comprehensive annual report.
. Provide an "in-relation-to" report on the supporting schedules of federal and state
financial assistance.
. Perform certain limited procedures involving required supplementary information as
mandated by generally accepted auditing standards.
. Provide a report on compliance and on internal control over financial reporting based
on and audit of financial statements performed in accordance with government
auditing standards.
. Provide a report on compliance and internal control per OMB Circular A-133 and
Chapter 10.550, Rules of the Auditor General of the State of Florida.
. Provide a Management Letter as required by Section lO.554(1)(g) of the Rules of the
Auditor General of the State of Florida including all required disclosures.
B. Auditing Standards
The audit shall be performed in accordance with:
. Generally accepted auditing standards (GAAS) as set forth by the American Institute
of Certified Public Accountants.
. Government Auditing Standards issued by the Comptroller General of the United
States.
. OMB Circular A-133, Audits of State and Local Governments
. Federal Single Audit Act 1984 as amended; Florida Single Audit Act, Section
216.3491, Florida Statutes
. Chapter 10.550 and 10.660, Rules of the Auditor General
. Chapter 11.45, Florida Statutes
. State of Florida Department of Banking and Finance regulations
. Audits of State and Local Governmental Units (Revised) - AICPA
. Chapter 73-600 Florida Statutes referring to Fire Districts annual audit requirements.
. Any other applicable federal, state and local laws or regulations.
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Request for Auditing Services City of Clearwater RFP 14-05
C. Reports to be Issued
. Report on the fair presentation of the basic financial statements and individual
financial statements of all nonmajor funds, internal service funds, and fiduciary funds,
in conformity with generally accepted accounting principles.
. A report on compliance with certain provisions of laws, regulations, contracts and
grants
. A report on internal control over financial reporting including disclosure of any
material weaknesses
. An "in-relation-to" opinion on the schedules of federal and state financial assistance.
. An "in-relation-to" opinion on the Fire Services Program required supplementary
information per Chapter 73-600, Florida Statutes.
. A report on compliance with requirements applicable to each major program and on
internal control over compliance in accordance with OMB Circular A-133 an Chapter
10-550, Rules of the Auditor General of the State of Florida.
. A Schedule of Expenditures of Federal Awards and State Financial Assistance, Notes
to the Schedule, and a Schedule of Findings and Questioned Costs.
. A Management Letter as required by Section 10-554(1)(g) of the rules of the Auditor
General of the State of Florida.
Irregularities and Illegal Acts: The auditors shall be required to issue an immediate
written report of all irregularities and illegal acts or indications of illegal acts of which
they become aware to the City Manager (or the City Council, if appropriate).
The auditor shall submit a signed audit report on the fair presentation of the financial
statements in conformity with generally accepted accounting principles no later than
February 21 st annually, along with the required reports on internal control structure and
compliance with laws and regulations.
The auditor shall submit the Management Letter and Schedule of Federal Awards and
State Financial Assistance, including a Schedule of Findings and Questioned Costs, by
February 28th annually.
D. Assistance to be Provided to the Auditor
. The City of Clearwater will prepare draft financial statements, notes, and all required
supplementary schedules and statistical data, including a draft Schedule of
Expenditures of Federal Awards and State Financial Assistance.
. Finance staff and responsible management personnel will be available during the audit
to assist the firm in providing additional information, documentation, and
explanations. City of Clearwater EDP personnel will be available to provide systems
documentation and explanations.
. The preparation of confirmations shall be the responsibility of the City of Clearwater
as directed by the auditor.
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Request for Auditing Services City of Clearwater RFP 14-05
. The Deputy Finance Director of the City of Clearwater will act as coordinator for the
audit.
. The City will provide reasonable work space, tables, chairs, computer access,
telephone access, photocopying facilities, and facsimile services for the on-site audit
staff, to be used solely for the audit of the City.
. CAFR preparation and printing shall be the responsibility of the City..
E. Special Considerations
. The City has received the Certificate of Achievement for Excellence in Financial
Reporting for the past twenty-five consecutive years and will continue to submit its
comprehensive annual financial report (CAFR) to the Government Finance Officers
Association for review in its Certificate of Achievement for Excellence in Financial
Reporting program. It is expected that the auditor will assist in the review of the
report for compliance with the requirements of that program prior to submission.
. The City currently anticipates it will prepare one or more official statements in
connection with the sale of debt securities which will contain the general purpose
financial statements and the auditor's reports thereon. The auditor shall be required,
if requested by the City, to issue a "consent and citation of expertise" as the auditor
along with any necessary "comfort letters".
. The City has determined that the U. S. Department of Housing and Urban
Development will function as the cognizant agency in accordance with the provisions
of the Single Audit Act of 1984 (as amended in 1996) and U.S. Office of Management
and Budget (OMB) Circular A-133, Audits of State and Local Governments.
. The Schedule of Expenditures of Federal and State Awards and the related auditor's
report, as well as the related reports on compliance and internal control are to be
issued as part of the CAFR.
. The auditor will assist the City in complying with changes in reporting requirements
to remain in conformity with generally accepted accounting principles.
F. Working Paper Retention and Access to Working Papers
All working papers and reports must be retained, at the auditor's expense, for a
minimum of five years, unless the firm is notified in writing by the City of the need to
extend the retention period, except grant related working papers will be retained for
10 years.
The auditor will be required to make working papers available, upon request, to the
following parties or their designees:
. City of Clearwater
. U.S. Department of Housing and Urban Development
. U.S. General Accounting Office (GAO)
· Parties designated by the federal or state governments or by the City as part of an
audit quality review process.
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Request for Auditing Services City of Clearwater RFP 14-05
. Auditors of entities of which the City of Clearwater is a sub-recipient of grant
funds.
. In addition the firm shall respond to the reasonable inquiries of successor auditors
and allow successor auditors to review working papers relating to matters of
continuing accounting significance.
III. DESCRIPTION OF GOVERNMENT
The auditor's principal contact with the City of Clearwater will be the Deputy Finance
Director, who will coordinate the assistance to be provided by the City to the auditor.
Background Information:
The City of Clearwater serves an area of approximately 26 square miles with a population of
approximately 110,000. The City's fiscal year begins October 1st and ends September 30th.
The City of Clearwater provides the following services to its citizens:
. Police and fire protection
. Construction and maintenance of streets, bridges, sidewalks, storm drainage, public
parks, and recreational facilities
. City planning, zoning, subdivision and building code regulation and enforcement
. Supervised recreation programs
. Public libraries
. Redevelopment of declining commercial and residential neighborhoods
. Refuse and trash collection
. Comprehensive recycling program
. Natural gas distribution
. Water supply and distribution
. Storm and waste water collection, treatment, and disposal
. Parking system
. Marina and fishing pier
. Executive airpark
. Convention center
The City had a total payroll of$79,19l,500 covering approximately 2,300 employees for the year
ended September 30, 2004. More detailed information on the government and its finances can
be found in the annual budget and comprehensive annual financial report documents. These
documents will be available for review at the pre-bid conference.
Pension Plans
Plan
Clearwater Employees'
Clearwater Firemen's Relief
Firemen's Supplemental
Police Officers' Supplemental
The City of Clearwater participates in the following retirement plans:
Single Employer
Defined
Benefit
X
X
Defined
Contribution
X
X
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Requestfor Auditing Services City of Clearwater RFP 14-05
Management (40la)
x
The actuarial services for the Clearwater Employees' and Clearwater Firemen's Relief Pension
plans are currently provided by PriceWaterhouseCoopers LLP and Mouton & Company,
respectively.
Deferred Compensation plans
The City offers its employees a deferred compensation plan adopted under Internal Revenue
Code Section 457.
Insurance
The City is self-insured within certain parameters for losses arising from claims for property
damage, general liability, auto liability and physical damage and workers' compensation.
Component Units
Clearwater Redevelopment Agency- a blended component unit presented as a nonmajor special
revenue fund.
Clearwater Downtown Development Board (DDB) - discretely presented component unit.
Both component units are to be audited as part of the audit of the City's financial statements. A
local accounting firm will be hired separately by the DDB to perform an audit and produce its
own CAFR.
Prior years' audit reports, management letters, and budget documents will be available for
review at the scheduled pre-submittal conference.
IV TECHNICAL REQUIREMENTS
A. To assure consistency, proposals must conform to the following format:
. Title Page -
Show the RFP subject, the name of the firm, local address, telephone number, name of
contact person, and the date.
. Table of Contents
Include a clear identification of the material included in the proposal by page number.
. Transmittal Letter
Briefly state the proposer's understanding of the work to be done, the commitment to
perform the work within the required time period, a statement why the firm believes
itself to be the best-qualified to perform the engagement, and a statement that the
proposal is a firm and irrevocable offer for 90 days.
. Detailed Proposal
See below for description
B. Detail Proposal
General Requirements
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Request for Auditing Services City of Clearwater RFP 14-05
The purpose of the technical proposal is to demonstrate the qualifications,
competence, and capacity of the firms seeking to undertake an independent audit of
the City of Clearwater in conformity with the requirements of this request for
proposals. As such, the substance of proposals will carry more weight than their form
or manner of presentation. The technical proposal should demonstrate the
qualifications and experience of the firm and of the particular staff to be assigned to
this engagement. It should also specify an audit approach that will meet the request
for proposals requirements.
Cost proposals for services are requested as part of the response. The fees quoted
should include a breakdown of anticipated hours and rates of the various classes of
personnel to be assigned. Fees should be quoted for each of the five years of the audit
engagement. Qualified firms will be identified and ranked on the basis of
qualifications, competence, and capacity of the firms as demonstrated by the RFP
response and oral interviews. Cost of services will be of secondary importance in
evaluating qualified firms.
The technical proposal should address all points outlined in the RFP. The proposal
should be prepared simply and economically, providing a straightforward, concise
description of the proposer's capability to satisfy the requirements of the RFP. While
additional data may be presented, the following subjects, items 1 through 10, must be
included. They represent the primary criteria against which the proposal will be
evaluated.
1. Independence
The firm should provide an affirmative statement that it is independent of the City of
Clearwater as defined by generally accepted auditing standards and the U.S. General
Accounting Office's Government Auditing Standards.
The firm should also provide an affirmative statement that it is independent of all
potential component units of the City of Clearwater as defined by those same
standards.
The firm should list and describe the firm's (or proposed subcontractors') professional
relationships involving the City of Clearwater or any of its actual or potential
component units for the past five years, together with a statement explaining why such
relationships do not constitute a conflict of interest relative to performing the audit.
In addition, the firm shall provide the City of Clearwater timely written notice of any
professional relationships involving the city or component units which the firm enters
into during the period of this agreement.
2. License to Practice in Florida
An affirmative statement should be included indicating that the firm and all assigned
key professional staff are properly licensed to practice in Florida.
3. Insurance Requirements
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Request for Auditing Services City of Clearwater RFP 14-05
An affirmative statement should be included indicating that the firm can and will
comply with the insurance requirements as enumerated in this RFP.
4. Firm Qualifications and Experience
The proposal should indicate the total number of employees of the firm, the number of
employees considered to be governmental audit staff, the location of the office from
which the work on this engagement is to be performed, the number and nature of the
professional staff to be employed in this engagement on a full-time basis, and the
number and nature of the staff to be employed on a part-time basis.
If the proposer is a joint venture or consortium, the qualifications of each firm
comprising the joint venture or consortium should be separately identified and the
firm that is to serve as the principal auditor should be noted, if applicable.
The firm is also required to submit a copy of the report on its most recent external
quality control review, with a statement whether that quality control review included a
review of specific governmental engagements.
The firm shall also provide information on the results of any federal or state desk
reviews or field reviews of its audits during the past three years. In addition the firm
shall provide information on the circumstances and status of any disciplinary actions
taken or pending against the firm during the past three years with the state regulatory
bodies or professional organizations.
5. Partners, Supervisory, and Staff Qualifications and Experience
The firm should identify the principal supervisory and management staff, including
engagement partners, managers, single audit staff, and other supervisors and
specialists, who would be assigned to the engagement and indicate whether each such
person is licensed to practice as a certified public accountant in Florida. The firm also
should provide information on the governmental auditing experience of each person,
including information on relevant continuing professional education for the past three
years and membership in professional organizations relevant to the performance of
this audit.
The firm should provide as much information as possible regarding the number,
qualifications, experience, and training, including relevant continuing professional
education, of the specified staff to be assigned to this engagement. The firm should
indicate how the quality of staff over the term of the agreement will be assured.
Engagement partners, managers, other supervisory staff and specialists 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 prior
written permission of the City of Clearwater, which retains the right to approve or
reject replacements. Other audit personnel may be changed at the discretion of the
proposer provided that replacements have substantially equivalent or better
qualifications and experience.
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Request for Auditing Services City of Clearwater RFP 14-05
6. Prior Engagements with Other Governmental Entities
The firm should list separately all engagements within the last five years for other
Governmental entities, by type of engagement (i.e. audit, management advisory
services, other).
For each engagement, the firm should indicate the scope of work, date, engagement
partners, total hours, the location of the firm's office from which the engagement was
performed, and the name and current telephone number of the principal client contact.
7. Similar Engagements with Other Governmental Entities
For the firm's office that will be assigned responsibility for the audit, list the five
most significant engagements performed in the last five years that are similar to the
engagement described in this request for proposal.
Indicate the scope of work, date, engagement partners, total hours, managers,
specialists, and the name and telephone number of the principal client contact.
8. Audit Approach
The proposal should set forth a general work plan, including an explanation of the
audit methodology to be followed. Proposers will be required to provide the
following information regarding their audit approach:
a. Proposed segmentation of the engagement
b. Level of staff and percentage of hours to be assigned to each proposed segment
of the engagement
c. Extent of EDP software use in the engagement
d. Approach to be taken to gain and document an understanding of the City of
Clearwater's internal control structure
e. Approach to be taken in determining laws and regulations subject to audit test
work
f. Sample sizes and the extent to which statistical sampling is to be used in the
engagement
g. Type and extent of analytical procedures to be used in the engagement
h. Approach to be taken in drawing audit samples for purposes of tests of
compliance
9. Identification of Potential Audit Problems
The proposal should identify and describe any anticipated potential audit problems,
the firm's approach to resolving, and any special assistance that will be requested
from the city.
10. Manner of Payment
Progress payments will be made on the basis of hours of work completed during the
course of the engagement in accordance with an agreement reached during contracted
negotiations. Interim billings shall cover a period of not less than a calendar month.
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Requestfor Auditing Services City of Clearwater RFP 14-05
Twenty percent (20%) of the total annual contract will be retained pending delivery
and acceptance of the firm's final reports.
v. EVALUATION OF PROPOSALS
A Committee has been established to review and evaluate all proposals submitted in
response to this Request for Proposal (RFP). The Committee shall conduct a
preliminary evaluation of all proposals on the basis of the information provided and
other evaluation criteria as set forth in the RFP. The Committee will first review each
proposal for compliance with the minimum qualifications and mandatory requirements
of the RFP. Failure to comply with any mandatory requirements may disqualify a
proposal.
Proposals will be evaluated on the following criteria:
Mandatory Elements
1. The audit firm is independent and licensed to practice in the State of Florida.
2. The audit firm's professional personnel have received adequate continuing professional
education within the preceding two years.
3. The firm has no conflict of interest with regard to any other work performed by the firm
for the City of Clearwater.
4. The firm submits a copy of its most recent external quality control review report and the
firm has a record of quality audit work.
5. The firm adheres to the instructions in this RFP for preparation and submission of the
proposal.
Technical Qualifications:
1. Expertise and Experience (Maximum Points - 30)
A. The firm's past experience and performance on government engagements of
comparable size and complexity.
B. The quality and experience of the firm's professional auditing personnel to be
assigned to the engagement and the quality of the firm's management support
personnel to be available for technical consultation.
C. The quality and experience of the firm's professional EDP auditing personnel
assigned to the engagement.
D. The quality and experience of the firm's professional auditing personnel assigned
to perform the Single Audit.
2. Audit Approach (Maximum Points - 20)
A. Adequacy of proposed staffing plan for various segments of the engagement.
B. Adequacy of the general audit plan for the overall engagement.
C. Adequacy of the audit plan for the EDP function.
D. Adequacy of the audit plan for the Single Audit.
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Request for Auditing Services City of Clearwater RFP 14-05
E. Completeness of the response to the RFP
F. Competitiveness of fee structure
Responses of references
(Maximum Points - 20)
Proximity of assigned Office
(Maximum Points - 5)
Upon completion of Evaluation Committee Members' rankings of proposals, top-ranked
firms may be required to make oral presentations. If oral presentations are required, a
maximum additional score of 25 points will be assigned to the oral presentation in arriving at
a total composite score for each proposal.
VI INSURANCE REQUIREMENTS
General Liability
The Vendor (contractor) shall furnish, pay for, and maintain during the life of this contract,
such general liability insurance to protect the City, the Contractor, an any of his/her sub-
contractors who may be performing any work under the terms and provisions of this contract
from claims for damages or bodily injury, including accidental death, as well as from claims
for this contract whether such operations as may be performed by the Vendor or by any sub-
contractor or by any other party directly or indirectly employed by either the Vendor or the
sub-contractor.
The Vendor's insurance coverage shall include General Liability, Automobile Liability, Professional
Liability and Worker's Compensation and Employer's Liability. The General Liability shall be the
Comprehensive form including the categories of: Premises and Operations, Underground and Collapse
Hazard, Products and Completed Operations, Contractual, Independent Vendors, Broad Form Property
Damage, and Personal Injury in the minimum amounts of $500,000 for combined Bodily Injury and
Property Damage.
The Proposer's comprehensive general liability policy shall include contractual liability on a blanket or
specific basis to cover this indemnification.
Such insurance shall be written by a company licensed to do business in the State of Florida and
satisfactory to the City. Prior to commencing any work under the contract, certificates evidencing the
maintenance of said insurance shall be furnished to and approved by the City's Risk Manager.
The Certificate of Insurance shall show the City of Clearwater as an additional insured party to the
Vendor, shall show that all sub-contractors or any other party directly or indirectly employed by either
the Vendor or the sub-contractor as additional insured party(s) and shall also show the City of
Clearwater as the Certificate Holder. The Certificate Holder shall be notified a minimum of 30 days
prior to any cancellation of policy which may occur prior to the policy expiration date contained on the
Certificate of Insurance.
The Worker's Compensation and Employer's Liability shall be in conformance with current State of
Florida Statutory requirements.
Business Automobile Liability
The Vendor shall maintain, for the life of the contract, Business Automobile Liability Insurance, if
applicable. The minimum limits of coverage shall be $500,000 per occurrence, Combined Single
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Request for Auditing Services City of Clearwater RFP 14-05
Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any
Auto" type policy. Coverage shall be no more restrictive than the latest edition of the Business
Automobile Policies of the Insurance Services Office (ISO).
Professional Liability
The Vendor shall procure and maintain for the life of this contract, Professional Liability Insurance.
This insurance shall provide coverage against such liability resulting from this contract/project. The
minimum limits of coverage shall be $500,000 per occurrence with deductible or self-insured retention
(SIR) indicated.
The Vendor shall defend, indemnify, save and hold the City harmless from any and all claims, suits,
judgments, and liability for death, personal injury, bodily injury, or property damage arising directly or
indirectly from the performance by the Vendor, its employees, subcontractors, or assigns, including
legal fees, court costs, or other legal expenses. Vendor acknowledges that it is solely responsible for
complying with the terms of this RFP. In addition, the Vendor shall, at its expense, secure and provide
to City, prior to beginning performance under this RFP, insurance coverages as required in this RFP.
Proof of Insurance: The contractor shall furnish the City with satisfactory proof of carriage of all
insurance required by this RFP.
Any party providing services or products to the City will be expected to enter into a written agreement,
contract, or purchase order with the City that incOlporates, either in writing or by reference, all of the
pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to
do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products
to the City.
VII. OTHER RFP PROCEDURES AND TERMS
A. Where and How to Deliver Inquiries:
Questions and clarifications to be submitted in writing to: Mr. George McKibben, Purchasing
Manager, City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758-4748.
Inquiries may be faxed to: (727) 562-4635.
B. How RFP Addenda Will Be Communicated:
Addenda will be sent, via certified mail, to all vendors who are registered with Purchasing as having
requested a copy of the RFP.
C. General Terms:
The winning vendor may be rejected as the primary selection if that vendor cannot successfully
negotiate the contract with the City to the satisfaction of the City.
D. Appropriations Clause:
The City, as an entity of government, is subject to the appropriation of funds by its legislative body in
an amount sufficient to allow continuation of its performance in accordance with the terms and
conditions of this contract for each and every fiscal year in which this contract is executed and entered
into and for which this contract shall remain in effect. Upon notice that sufficient funds are not
available in the subsequent fiscal years, the City shall thereafter be released of all terms and other
conditions.
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Request for Auditing Services City of Clearwater RFP 14-05
E. Right To Protest:
Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a
contract may seek resolution of his /her complaints by contacting the Purchasing Manager.
F. No Corrections:
Once a competitive proposal is submitted, the City shall not accept any request by any proposer to
correct errors or omissions in any calculations or competitive price submitted.
G. Openness of Procurement Process:
Written competitive proposals, other submissions, correspondence, and all records made thereof, as
well as, negotiations conducted pursuant to this RFP, shall be handled in compliance with Chapters
119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of
any proposal once submitted.
H. No Collusion:
By offering a submission to the RFP, the proposer certifies the proposer has not divulged to, discussed
or compared his/her competitive proposal with other proposers and has not colluded with any other
proposer or parties to this competitive proposal whatsoever.
I. Informality Waiver / Rejection of Bids:
The City reserves the right to reject any or all responses and to waive any irregularity, variance or
informality whether technical or substantial in nature, in keeping with the best interests of the City.
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