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HomeMy WebLinkAboutAgenda - 05-08-2002 - 8c ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 8, 2002 Action Agen a Item No. SUBJECT: Audit Contract for the June 30,2002 Fiscal year DEPARTMENT: Finance PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Ken Chavious, ea. 2453 Contract and Engagement Letter TELEPHONE NUMBERS: Hillsborough 7324181 Chapel Hill 966J 01 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider awarding a contract to Cherry, Bekaart& Holland, Certified Public Accounts, for the prevision of audit services for the fiscal year ending June 30.2002. BACKGROUND: During Me spring of 2001, County staff pursuetl a request for proposal (RFP) process for financial audit services. Staff recommended, and the Board approved, the proposal submitted by Cherry, Bekeert & Holland, Certified Public Accounts. The RFP stated that the County would contract with the successful firm for a period of at least three years. The 2002 audit will mark the second year of this commitment. In addition to the annual audit, the Boats approved contracts with the find to perform a needs assessment and Implementation work related to Governmental Accounting Standards Board (GASB) Statement 34, the new financial departing model. The financial reporting changes required by GASB 34 must be implemented in the County'a Comprehensive Annual Financial Report (CAFR) for the fiscal year ending Nis June, 2002. Staff was very pleased with the work performed on the audit for the 2001 fiscal year. The auditors performed their work in professional and timely manner and worketl extremely well with staff In the completion of the audit and production of the CAFR_ Staff was also pleased with the needs assessment for GASB 34 prepared by the firm as well as the work performed thus far on the implementation. It is expected that the changes in the County's financial reporting required by GASB 3a will be effectively implemented in the 2002 CAFR. FINANCIAL IMPACT: The fee for the 2002 audit Is $61,000. This represents a 6% increase over the 2001 audit cost of$57,500. The $61,000 figure is consistent with the firm's proposal accepted by the Board in the spring of 2001. Funds to cover the audit costs will be induced in the 2002-2003 Canted Services budget. RECOMMENDATION(S): The Manager recommends that the Board approve the Contract with Cherry, Bekaart& Holland for 2002 audit services, and authorize the Chair to sign it. 2 March 25,2002 Mr. Kenneth T.Chavious,Finance Director Orange County 208 S.Common St P.O. Box 8181 Flillsborough,NC 2n7j; Dear Nlr.Chavious: This letter of armvgcmwt between the Orange Cowry will"Cowry's and Cherry, quit a i& Hement L.L.P. sets forth the patine and scopeices, servireswe will provide.the County's required involvement and assistance in support of our services, the related fee artangements aM other terms and agreed designed to assure that our professional services are perfortnetl to achieve the mutually agreed upon objectives ofthe Cowry SIIMBIARY OF SERVICES A. Financial Audits We will audit the basic financial statements of the Counryaa of and for the yearending lane 30,2002,in accordance with auditing standards generally accepted in the Unitd Sam of America;the standards for financial audits Contained in Government Andamg Standards,issued by the Comptroller Generel of the United Sates;the Single Audit Ad Ammdmmts of 1996;the provisions ofONM Chcdar A-133,"Audits of States,Loral Govemmmts aid Nan-Profit Organizations",and the Sate Single Audit Implementation Act, Our audit will include tests ofaccoundm records, admerminetiodof majarpmgmms in accordance with Circular A-133 and the Ste¢ Single Audit fplemcntaticn Act and other procedures as deemed necessarry to enable us to express such an opinion and to render the required reports.?be objective of an audit is the expression of out opinion concmning whether the basic Scandal saamwts present family, in all materiel respects, the f amial position, results of operations, and rash flows of the County in conformiry with accounting principles generally accepted in the United States ofAmetica to cowection with our audit we will report on the fairness ofpreemttadon afthe schedules of fiedersl and state financial assistance in relation to the basic financial statements taken as a whole. We also w01 perform tests of compliance an required by Government Auditing SraMards, the provisions of ONO Circular A-133,and the Sate Single Audit Implemmaticn Act,and issue our reports thereon. 3 If any of our opinions resulting from the procedures described Above are other than unqualified,we will fully discuss the reasons with you in advance. The objective of our audit is the expression of an opinion about whether your basic fmanciA statements are fairly presented,is all materiel rwPece,in cos rmity with accounting principles generally accepted in the United States of America.The objective also includes reporting on the Cowry's: Internal control related to the basic memorial Anteaters and compliance what laws,regratiora,and the provisions ofcontrnets or grant agreements,noncompliance with which could lave a materiel Wool on the basic firweiAl statements in accordance with Gmvemmert Auditing Standards. Internal contest relatM to major programs and an opinion an whether Orange Cowry complied with laws,m9datims,and the provisions of cormsas or giant agreements that could have a direct and material effect on each major program in socordmee with the Single Audit Att Amendmme of 1996,Ob18 Circular A-133,"Active of Sales,l-mba Governments,mail Non-Pmdt Orgvtixmiore", and the State Single Audit Implementation Att. The reports on internal conmsl and compliance will each include a statement that the report is intended solely for the trmaoo of the audit commmic,management,specific legislative or regulatory bodies, federal and state awarding agencies, and if applicable,pus-through entities anti's not intended to be and should not be Used by anyone other thin cheese spudded parties. We will begin our audit on a fume agreed-upon date that we bath mutually agree to end will issue am report an later than Omober 31,2002. You mired,that Orange County will prepare the Management's Mscucsion and Amlysis for Neu respective basic firuncial statements,and will have all journal entries, had sualysis,review of the general ledger system, and any infrmnucmre issues addressed as required by GASB 34, t will lead the engagement and will he responsible for Assuring the overall quality,value,and timeliness of ohm services to you- YOUR EXPECTATIONS As part of ow pleasing pincers, we have dismissed with you your expectations of Cherry, Selman At Holland, L.L.P., your concerns about your local goverment Your slows on risks facing you, Any relationship issues with Cherry,Bekaert&Holland, L.L.P.,and specific engagement arrangements and timing. Our services plan, which includes our audit plan, is designed to provide a foundation for an effective, efficient, and gwlity-focused approach to accomplish the engagement objectives stud meet, and/or exceed,your expeeadaes. Ow service plan will be reviewed with you periodically std will serve as a benchmark against which you will be Able m measure on perfarmance. 4 LIMITATIONS OF TEM AUDITING PROCESS Our audit will include procedures designed to obtain reasonable, rather than absolute, assurance of detecting musrtarements due to contra or fraud that are material to the basic financial statement. As you are are,however,there are iMerent limitations in the auditing process. For example,audits are based on the concept of selective mating of the dam being examined and are,therefore,subject in the limitations that material misstatements due to am=or fraud.if they exist,may not be detected. Alan,an audit is not designed to detect error or fiuud that is Maintained to to basic general purpose financial statements. As required by the Single Audit Act Amendments of 1996,OMB Circular A-133, and the State Single Audit Implementation Act, our audit will include reps of transxtiow related to major federal and Stare award programs for compliance with applicable laws and regulation and the provisions of contracts and great agreements. Because an audit is designed to provide reasonable, but rat absolute esetasnce and because we will not perform a derailed examination of all transactions,there is ansb drat material crross, freug,other illegal im ofmncompliatro mayexieaMnot he detectedby as. Inaddition,anvedi[isrot designed to detect ivwncial errors, Freud,or other illegal acs or illegal houldacts that do not have a rived effect on the basic financial statements or ct awll b programs. It should be able assurance that our audit generally provides dirctasdMateial elect ndwillbedeected,and aNyreasonablentmnce that illegal acts having a direct and material effect on doe pertom uteri l of financial areremmt amounts will be detected However,we will iNbrm you with respect to material ertms and fraud,or illegal acts that come a Single Arlon during doe comae ofaw audit. We will include such mattersNthe repore asrequired for a Single Audit. IF,forany reason,we are unable to complete ale audit,or are unable to 6rm or have rat formed an opnion on the basic Financial statements,we may decline to express an opinion or decline to issue a report as a result of the en§aganent. RESPONSIBILITIES AS TO INTERNAL CONTROLS As a pan of our about we will consider the County's internal control structure, as required by auditing standards generally accepted in the United Stares of America Cavemment Auditing Srandardr, the provisions of Ohfil Circular A-133,and the State Single Audit Implementation Act,sulAcientM plan the audit and to deremdns the nature,timing anti extent of auditing procedures necessary for expressing our opinion concerning the basic fioarrial statements.You recognize that the basic financial statement and Me establiument and maivtmance of an effective Manuel control over financial reporting are the responsibility of management. You also recognize that mavegemerrt is responsible for identifying and counting that the entity complies with the laws and regulations applicable to its activities. Appropriate supervisory review procedures are necessary to provide reasonable assureace that adopted policies and prescribed procedures are adhered to ads to identify circus and fraud or illegal acs. An audit is not designed to provide assurance on fi temN control. As part of our consideration of the County's trrtevN control structure, however, we will inform you of modern that come to our attention that represent significant deficiencies in the design or operation of the internal control smrmre,if any,as required by OMB Circular A. and ale State Single Audit Implementation Act. 5 As required by OMB Circular A-133 and the State Single Audit Implementation Act we will perform tests of controls to evaluate the effectiveness of the design and operation ofcondols that we consider relevant to preventing or dencdng mmeriW motOmplionce with compliance:requirements,aWfica de m eachmajor federal and State award pregram. However, our tests will he less in scope than would be necessary to tender an opwon on those commis and,zccmdilWY.no opinion will be expressed in our report on normal control issued pursuano to OMB Circular A-133 and the State Single Audit Implementation Ace. We are prepared at your request he perform a more in-depth assessment of the County's internal control troctme, and report Our martens and recommendations,or to conduct an exannotoon mgagemetn on the effectiveness of your internal count structure. We would he pleased to discuss fees for these services, which depend on then scope. MSPONSIBIWTIES AS TO COMPLIANCE Our audit will be conducted in accordance with the standards refined to in the section Summary of Services. l pert Ofobtairdng reasonable asswance abam whether compliance a wit a sNtemenu are fine of material and the Prove we will perform and of tyre Ceanty's compliance with applicable laws and regulationa and the procedures; of contracts and agreements,op including grant agreemrnN. However, the Objective of those procedures will not be to provide an option on overall compliance nment Au and St call not express such an opirtiao m our Wed on cornplievice issued pursuant m Povernmemnvdving SrmMmdr. OMB Chculu A-133 and the State Single Audit Implementation Act rcgvves thu we also plan and lxuarr t the audit In obtain reasonable assurance about whether to auditor has complied with applicable laws and reguladons and the provisions of contracts and grant agreements applicable re major programs. Our procedures will consist of the applicable proecolutes desuibed m the OAS Circular A-133 Compliance Supplement arm the Compliance Supplement provided by the Local Oovemmem Commission for auditors in North Carolina for the types of compliance requiremenn Nat could have a trust real material effect of each of the Cc=Vs major programs. The purpose of Nose procedures will he to express an opinion on me Courdy's compliance with requirements applicable on major Vorsoms in our report on compliance issued pursuant to OtiB Circular A-133 and the State Single Audit Implementation Act. At the conclusion of the engagemanG it is management's responsibility to submit the reporting package (including the basic financial statements,schedule ofexpendinues of lideml and state awards,summary schedule of prior audit findings, aunfirm s mpdrt, and corrective action plan) along with the Dam collation Form to the designated federal clearinghouse and,ifaMoloriate,to pass-through entities.The Dam Collection Form and the reporting package must be embedded widtia the earlier of 30 days aften receipt of rise madames reports or 13 months slier the end of the audit period,unless a longer period is agreed to in advance by the cog anent or oversight aleatory for audit Our procedures relative to compliance with laws and reguladots and internal control over financial mpmmgmelmaodmNmsediacussedherein. WewoWdbehappy todisemsaourpmcedmeswiNyam further at your request. 6 REPRESENTATION FRONIMANAGEMENT Management is responsible for me fair presentation of de basic financial statements in conformity with punting principles generally accepted in the United States ofAmaim for malting all financial records and related information available to" and for identifying and smarting that the entity complies with the laws and regulations applicable to its activities. Management is also responsible for adjusting the basic i cisl smmmems w coma material rNSSnuemenu.Additionally,w required by OMB Circular A-133 and the State Single Audit Implementation Am it is management's resperuibdity to follow up and rake corrective action on prior audit fmmngs and to prepare a summary schedule of prior audit Endings and a motive action plan The summary scbemne ofpnor audit findings and de mnective action plan should be made available to us during the course of our engagement At the conclusion of on: engagement,de County's management will provide to us a representation lattice that,among aher clangs,addresses these matters and caMrtw certain representations made during the audit, including, to the beat of three knowledge and belief, the absence of baud involving management or dose employees who have significant roles in the entity's interval conbol,or nations where it could have ammenm effect on cud basic general purpose financial statements. The repreamtation letter will elan effrm w us that management believes that the effncs of any uncomected miszmtemenu aggregated pemaiming to the current year basic general purpose financial scamments are immaterial,both individually and in the aggregate, w the basic general purpose financial statements taken as awhole. COMM"ICATIONS At the conclusion of the engagement,we will provide management, W a mutually agreeable former, am ruccramendamons designed w help the County make improvements ta its morporl co rtal structure and operstiora,and oNer matters that may come w our attention(see"Responsibilities as W Internal Canals" above) As pan of this engagement we will easme dust cemaia additional matters are communicated to the appropriate members of managemem and the Couny Conuwssimm. Such manes include(1)the hddal selection of and changes w significant accounting policies and their application;(2)the process used by manggement in formulating parricubrly,sensitive accounting esdmmes and de basis for our conclusion regarding the reasonableness ofthoze estirrical(3)audit adjumnents flat could,in ourjudgenten4 eider individually or in the aggregate be significant to the basic fmamial sta xments or am report; (4) any disagrccmenrs with matugemeat mviceming a insured accounting,reporting or auditing matter that could be significant to the basic fmaneial stietements; (5) our views about matters that went de subject of maragenam's consultation with mhet accountants about auditing said mmmuivg mauers;(6)jar issues dat were discussed wide management m connacdan wide de retention ofour services,including among ocher matters,any discussions regarding the applicationof accounting principles and auditing standards; ('n serious difficulties that we encountered in dealing wide management related W the perfomunce of to audit; and (8) total fees for management advisory services during de year under mdic, including a description of the types of such services rendered. ACCESS TO WOR GPAPERS The working papers for the engagement are the property, of Chany, Bekaert & HollanaL LL P. and constitute confidental information. Except as discussed below, any requests for access to our working papers will be discussed with you prior to making them available to requesting parties. The workpapm for this mgagwnent will be retained for a minimum of do" years after the dare the auditors'repast is issued or for any additional period requested by the County. If we are aware that a federal and Stare awarding agency,pass-through entity,or crahate is contesting as audit finding,we will contact the parrv(iw)contesting the audit finding for guidance prior to destroying the workpapers. Our Firm,as well as all other for accounting does,pamicipams an a"pew review'program,covering our audit cod accounting pmcticee.nut program requua that owe every dote:years we subject our quality assurance practices m an examination by another accounting Cum.As pmt of the pmeas,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 we bound by proloser oal standards to keep all information confidential.Ifyou object to having the work we do for you reviewed by our peer reviewer,please notify us in writing. SUBPOENAS In tiro event we are requesed or authorized by you or requiretl by goverment reputation,subpoena,or other legal process to produce ow working papers or our persomrel as war ewes with vespece to our engagement for you, you will,so long as we are not a party to the proceedings in which the information is ought, reimburse w for our professional tame and expense, as well as the fees and expenses of our tinsel,incurred in responding to such a request. OTHERIMATTERS If say dispute,controversy Or claim arises in connection with the performance or breach of this agrcemenr either party may,on written notice m the other party,request that vie mwrer be mediated Such mediation would be conducted by a nonator appointed by aM puma;to the Rules of the America Arbitration Associ to ducr is with er h othe facilitator azh theirle m both paroes- Both parties woWd exm th ev bvt effotts sp discuss with eah other th good faith their rescecdve positions th m ettemp[m finally resolve such dispute or controversy. If any dispute,ananvmy,or claim arising out of or in correction with the concatenate or breach of this alueement rvmot he resolved by mediation,then the dispute,controversy,or claim would he sealed by arbitration in accordance with the rules of the Amercm Arbitration Association(AAA)for the Resolution of Accounting F'um DisprAw. neawardis bythewbinationpan:lmaybeconfirmedinajudgmat by any federal or rate court of competent jurisdiction. 8 TERNS AND CONDITIONS SUPPORTING FEE As a result of our planning process,the County and Cherry,Salaam&Holland L.L.P. have agreed to a fee,subject t0 due fallowing conditions. To forebode smearing our mutual objectives,the County well provide in a barely manner audit schedules and supporting information,including timely communication of all sigaific rat accounting and financial reporting matters, as well is working space and clerical assistance are annually agreed upon and as is normal and reasonable in the circumstances When and iffier any resson the County is unable to provide such schedules, information end asvnana, Cberty, Belimn & Holland, LL.P. and the County will mutually revise the fee to reflect additional services, if any,requbed ofus to achieve these objectives. In providing our services,we will consult with the County with respect to saner of accounting,financial reporting or other sigaXicant busHess issues.Accordingly,time necessary to affect reasonable amount of such consultation is reflected in our fee. However,should a matterrmaire rettamh,consultation on audit work beyond that amount,Cherry,Be avem&Holland,L.L P.and ire County will agree to an appropriate revision in services and fee. Except for any changes in kes wise,may result fioan the maumstmces described shove,our fees will be limited to Nose set forth below. FEES Our fees for the services described above will be based upon our standard bri ing practices at the lime of die engagement. Our fees will be billed pefiadically as charges are incurred aM ere payable on presentation. A service charge will bea added to past dun accounts equal to 1-1R% per month (19% annually)on the previous month's balance less payments received during the monrly with a medium charge of 52.00 per mom, Based on our conesed W audit aecomts,Ne feewiB not exceed$59j00. Thin fee is based an anticipated coopestion Gorr your personnel and the assumption that unexpected umsranceswillnotbemcomter duringtheau&t Ifsinsifiem[additional timeis necessary.we will discuss it with you and arrive at anew fed amma[e before we incur the additional cows. Any ra difieanna W the fee Shag be in writing and signed by both parties. You Wet.to pay all moss of collecum(including reasonable attorneys' fees)that we may incur is counection wit the collection ofmpiid invoices. Base Charge—Financiel Audit 342,500 Base Charge-Compliance Audit 18,500(includes 8 major programs) Charge par Program for Additional Compliance Testing l,900 9 If rte foregoing is in accotdence wiN you wdesstnnding,please sign a copy of Nis letter in the space provided and noum it on us. If you have any questions,please call me at 483-]131. very truly yours, CHERR_ Y,BEKAERT&HOLLAND,L.L.P. Eddie Books,CPA Partner ACCEP=BY TILE 10 Orange County,North Carullna CONTRACT TO AUDIT ACCOUNTS For Its period beg an ng July 1,2001 and ending)we 30,2 W 2 Attachment A The fulls which make up the 2001-2002 budget are as follows: General Govemmene General Fwd Special Revenue Fund Capita ProjectsFund Proprietary Funds: Enterprise Fwd Interval Service Fwd Fiducimy Funds: Agency Fwd Tryst Fwd Attachment B Time being of the essence,it is zg ec that adequate records,schedules and the gencral ledgers) essary,to the audit,shall be provided to the auditors by a Ponce agecd upon date.Addidmally, the County shell provide doe auditors with murk space and facilities adequate for the ceoduct of toe examination arW timely assistance in the retrieval of any required documwmrou. 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