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HomeMy WebLinkAboutR2014-031 Extending Contract for Auditing Services McGladrey and Pullen LLP RESOLUTION NO. R-2014- 031 A RESOLUTION EXTENDING THE CONTRACT FOR AUDITING SERVICES BETWEEN THE CITY AND MCGLADREY AND PULLEN LLP WHEREAS, the City issued a request for the submission of proposals for the purpose of auditing services for the City finances for fiscal year ending in 2011, 2012 and 2013; and WHEREAS, pursuant to Resolution 2013-077 the City approved a contract with McGladrey and Pullen, LLP for auditing services; and WHEREAS, such contract provides for the ability to extend such contract for two (2) additional one (1) year periods; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to extend such contract for 2014 with McGladrey and Pullen, LLP, to perform such services; NOW, THEREFORE, BE IT RESOLVED, by the Board of Aldermen of the City of Riverside, Missouri, as follows: THAT the proposal of McGladrey and Pullen, LLP for auditing services in substantially the same form attached hereto as Exhibit "A", is hereby authorized and approved; FURTHER THAT the Mayor, the City Administrator, the Finance Director, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, theday of , 2014. Kathleen L. Rose, Mayor ATTEST: L Robin Littrell, City.- Jerk' e ° e McGladrey LLP 4801 Main St.,Suite 400 Kansas City, MO 64112-2543 McGladrey 0816.753.3000 F816.751.1890 r_ www.mcgladrey.com May 6, 2014 City of Riverside, Missouri City Hall 2950 N.W. Vivion Road Riverside, Missouri 64150 Attention: Greg Mills, City Administrator Donna Resz, Finance Officer The Objective and Scope of the Audit of the Financial Statements You have requested that we audit the financial statements of the City of Riverside, Missouri's ("the City') governmental activities, each major fund, aggregate remaining fund information and budgetary comparison as of and for the year-ended June 30, 2014 which collectively comprise the basic financial statements. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audit will be conducted with the objective of our expressing an opinion on the financial statements. We will also report on whether certain supplemental information (combining nonmajor fund financial statements and the City's schedule of expenditures of federal awards) is fairly stated in all material respects in relation to the financial statements as a whole. The accounting principles generally accepted in the United States of America require that the management's discussion and analysis and certain pension and other postemployment benefit information be presented to supplement the basic financial statements. We will apply certain limited procedures to this required supplementary information but will not express an opinion or provide any assurance on this information. In addition, you have informed us that you intend to prepare a Comprehensive Annual Financial Report (CAFR) and submit it for evaluation by the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting. Our association with the CAFR is to consist of a technical review. The accompanying introductory and statistical sections of the CAFR are presented for the purpose of additional analysis and are not a required part of the basic financial statements. Accordingly, we will not express an opinion on this supplemental information. We will also perform the audit of the City as of June 30, 2014, so as to satisfy the audit requirements imposed by the Single Audit Act and the U. S. Office of Management and Budget (OMB) Circular No. A-133. Member of the RSM kdematlonal network of Indwerdem aaounang,tax and mmutung firms. Donna Resz, Finance Officer City of Riverside, Missouri May 6, 2014 Page 2 The Responsibilities of the Auditor We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GAAS); Government Auditing Standards issued by the Comptroller General of the United States; the provisions of the Single Audit Act, OMB Circular A-133, and OMB's Compliance Supplement. Those standards circulars, supplements, or guides require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS. Also, an audit is not designed to detect errors or fraud that are immaterial to the financial statements. The determination of abuse is subjective; therefore, Government Auditing Standards do not expect us to provide reasonable assurance of detecting abuse. In making our risk assessments, we consider internal control relevant to the City's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. We will also communicate to the Board of Alderman (a)any fraud involving senior management and fraud (whether caused by senior management or other employees)that causes a material misstatement of the financial statements that becomes known to us during the audit, and (b)any instances of noncompliance with laws and regulations that we become aware of during the audit (unless they are clearly inconsequential). The funds that you have told us are maintained by the City and that are to be included as part of our audit are significantly the same as those listed in the City's June 30, 2013 basic financial statements. Any additional funds or deleted funds will be communicated by you upon commencement of fieldwork. The federal financial assistance programs and awards that you have told us that the City participates in and that are to be included as part of the single audit are significantly the same as those with programs reported for the year ended June 30, 2013 in the City's Compliance Report. Any changes to federal programs will be communicated by you upon commencement of fieldwork. The blended component units whose financial statements you have told us are to be included as part of the City's basic financial statements are the Tax Increment Financing Commission and the Riverside Industrial Authority. Donna Resz, Finance Officer City of Riverside, Missouri May 6, 2014 Page 3 Our reports on internal control will include any significant deficiencies and material weaknesses in controls of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards and circulars identified above. Our reports on compliance matters will address material errors, fraud, abuse, violations of compliance obligations, and other responsibilities imposed by state and federal statutes and regulations or assumed by contracts, and any state or federal grant, entitlement, or loan program questioned costs of which we become aware, consistent with requirements of the standards and circulars identified above. Our firm maintains comprehensive insurance with regard to general liability, automotive liability, workers' compensation, employers' liability, and professional liability. Amounts of coverage will be at least $1,000,000 and will meet or exceed the requirements specified by the City. Such insurance will be maintained for the statutory period for which the professional may be exposed to liability.We have provided the City with a certificate of insurance evidencing such coverage. The Responsibilities of Management and Identification of the Applicable Financial Reporting Framework Our audit will be conducted on the basis that management and when appropriate, those charged with governance, acknowledge and understand that they have responsibility: a. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; b. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; c. For establishing and maintaining effective internal control over financial reporting and for informing us of all significant deficiencies and material weaknesses in the design or operation of such controls of which it has knowledge; d For (a) making us aware of significant vendor relationships where the vendor is responsible for program compliance, (b)following up and taking corrective action on audit findings, including the preparation of a summary schedule of prior audit findings, and a corrective action plan, and (c)report distribution including submitting the reporting packages; and e. To provide us with: (1) Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation, and other matters; (2) Additional information that we may request from management for the purpose of the audit; (3) Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence; (4) When applicable, a summary schedule of prior audit findings for inclusion in the single audit reporting package; and (5) If applicable, responses to any findings reported on the schedule of findings and questioned costs. Donna Resz, Finance Officer City of Riverside, Missouri May 6, 2014 Page 4 As part of our audit process, we will request from management and when appropriate,those charged with governance, written confirmation concerning representations made to us in connection with the audit including among other items: a. That management has fulfilled its responsibilities as set out in the terms of this letter; and b. That it believes the effects of any uncorrected misstatements 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. Management is responsible for identifying and ensuring that the City complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations. In addition, management is responsible for the design and implementation of programs and controls to prevent and detect fraud or abuse, and for informing us about all known or suspected fraud or abuse affecting the entity involving management, employees who have significant roles in internal control, and others where the fraud or abuse could have a material effect on the financial statements or compliance. Management is also responsible for informing us of its knowledge of any allegations of fraud or abuse or suspected fraud or abuse affecting the entity received in communications from employees, former employees, analysts, regulators, or others. Management is responsible for the preparation of the required supplementary information (RSI) and supplementary information (SI) presented in relation to the financial statements as a whole in accordance with accounting principles generally accepted in the United States of America. Management agrees to include the auditor's report on the RSI and SI in any document that contains the SI and that indicates that the auditor has reported on such RSI and SI. Management also agrees to present the SI with the audited financial statements or, if the SI will not be presented with audited financial statements,to make the audited financial statements readily available to the intended users of the SI no later than the date of issuance of the SI and the auditor's report thereon. The governing board is responsible for informing us of its views about the risks of fraud or abuse within the City, and its knowledge of any fraud or abuse or suspected fraud or abuse affecting the City. You have informed us that you may issue public debt in the future and that you may include our report on your financial statements in the offering statement. You have further informed us that you do not intend that we be associated with the proposed offering. We agree that our association with any proposed offering is not necessary, providing the City agrees to clearly indicate that we are not associated with the contents of any such official statement or memorandum.The City agrees that the following disclosure will be prominently displayed in any such official statement or memorandum: McGladrey LLP, our independent auditor, has not been engaged to perform, and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. McGladrey LLP also has not performed any procedures relating to this official statement. Because McGladrey LLP will rely on the City and its management and Board of Alderman to discharge the foregoing responsibilities, the City holds harmless and releases McGladrey LLP, its partners, and employees from all claims, liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City's management which has caused, in any respect, McGladrey LLP's breach of contract or negligence. This provision shall survive the termination of this arrangement for services. Donna Resz, Finance Officer City of Riverside, Missouri May 6, 2014 Page 5 The City's Records and Assistance If circumstances arise relating to the condition of the City's records, the availability of appropriate audit evidence, or indications of a significant risk of material misstatement of the financial statements because of error,fraudulent financial reporting, or misappropriation of assets, which in our professional judgment, prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion, issue a report, or withdraw from the engagement. During the course of our engagement, we may accumulate records containing data that should be reflected in the City's books and records. The City will determine that all such data, if necessary, will be so reflected. Accordingly, the City will not expect us to maintain copies of such records in our possession. The assistance to be supplied by City personnel, including the preparation of schedules and analyses of accounts, has been discussed and coordinated with Donna Resz, Finance Officer. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. In connection with our audit, you have requested us to perform certain non-audit services necessary for the preparation of the financial statements, including the proposal of adjusting journal entries. The independence standards of Government Auditing Standards issued by the Comptroller General of the United States GAS require that the auditor maintain independence so that opinions, findings, conclusions, judgments, and recommendations will be impartial and viewed as impartial by reasonable and informed third parties. Before we agree to provide a non-audit service to the City, we determine whether providing such a service would create a significant threat to our independence for GAS audit purposes, either by itself or in aggregate with other non-audit services provided. A critical component of our determination is consideration of management's ability to effectively oversee the non-audit service to be performed. The City has agreed that Donna Resz, Finance Officer possesses suitable skill, knowledge, or experience and that the individual understands the proposal of adjusting journal entries and the services to be performed sufficiently to oversee them. Accordingly, the management of the City agrees to the following: 1. The City has designated Donna Resz, Finance Officer, a senior member of management, who possesses suitable skill, knowledge, and experience to oversee the services. 2. Donna Resz, Finance Officer will assume all management responsibilities for subject matter and scope of the proposal of journal entries, the draft of the CAFR, and GASB standard implementations. 3. The City will evaluate the adequacy and results of the services performed. 4. The City accepts responsibility for the results and ultimate use of the services. GAS further requires we establish an understanding with the management and those charged with governance of the City of the objectives of the non-audit service, the services to be performed, the entity's acceptance of its responsibilities, the auditor's responsibilities, and any limitations of the non-audit service. We believe this letter documents that understanding. Other Relevant Information From time to time and depending upon the circumstances, we may use third-party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose confidential client information to them. We enter into confidentiality agreements with all third- party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In accordance with Government Auditing Standards, a copy of our most recent peer review report is enclosed, for your information. Donna Resz, Finance Officer City of Riverside, Missouri May 6, 2014 Page 6 Fees, Costs,and Access to Workpapers Our fees for the audit and accounting services described above are based upon the value of the services performed and the time required by the individuals assigned to the engagement, including direct expenses. Our fees for the services described in the letter will not exceed $26,450 for the financial statement audit and $4,950 per major program tested under the Single Audit Act. Our fee estimate and completion of our work is based upon the following criteria: a. Anticipated cooperation from City personnel. b. Timely responses to our inquiries. c. Timely completion and delivery of client assistance requests. d. Timely communication of all significant accounting and financial reporting matters. e. The assumption that unexpected circumstances will not be encountered during the engagement. If any of the aforementioned criteria are not met, then fees may increase. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submission. Our professional standards require that we perform certain additional procedures, on current and previous years' engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client in a key position. Accordingly, the City agrees it will compensate McGladrey LLP for any additional costs incurred as a result of the City's employment of a partner or professional employee of McGladrey LLP. In the event we are requested or authorized by the City or are required by government regulation, subpoena, or other legal process to produce our documents or our personnel as witnesses with respect to our engagement for the City, the City 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 expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. The documentation for this engagement is the property of McGladrey LLP. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit documentation upon their request and that we shall maintain the audit documentation for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested documentation will be provided under the supervision of McGladrey LLP audit personnel and at a location designated by our Firm. Claim Resolution The City and McGladrey LLP agree that no claim arising out of services rendered pursuant to this agreement shall be filed more than two years after the date of the audit report issued by McGladrey LLP or the date of this arrangement letter if no report has been issued. The City waives any claim for punitive damages. McGladrey LLP's liability for all claims,damages and costs of the City arising from this engagement is limited to the amount of fees paid by the City to McGladrey LLP for the services rendered under this arrangement letter. If any term or provision of this Agreement is determined to be invalid or unenforceable, such term or provision will be deemed stricken, and all other terms and provisions will remain in full force and effect. Donna Resz, Finance Officer City of Riverside, Missouri May 6, 2014 Page 7 Reporting We will issue a written report upon completion of our audit of the City's financial statements. Our report will be addressed to the Honorable Mayor and Members of the Board of Aldermen of the City. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis-of-matter or other-matter paragraphs, or withdraw from the engagement. In addition to our report on the City's financial statements, we will also issue the following types of reports: • A report on the fairness of the presentation of the City's schedule of expenditures of federal awards for the year ending June 30, 2014. • Reports on internal control related to the financial statements and major programs. These reports will describe the scope of testing of internal control and the results of our tests of internal controls. • Reports on compliance with laws, regulations, and the provisions of contracts or grant agreements. We will report on any noncompliance which could have a material effect on the financial statements and any noncompliance which could have a material jffect, as defined by OMB Circular No. A-133, on each major program. • A schedule of findings and questioned costs. This letter constitutes the complete and exclusive statement of agreement between McGladrey LLP and the City, superseding all proposals, oral or written, and all other communications, with respect to the terms of the engagement between the parties. Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. McGladrey LLP 4 n n Kristen Hughes, Director Confirmed on behalf of the City of Riverside, Missouri: 9T9 y AdWini for Date Donna Resz, Finance Offic Date