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HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-078Temp. Reso #12806 —June 27, 2016 Page 1 of 6 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2016 7� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY OF TAMARAC AUDIT COMMITTEE AND TO AWARD REQUEST FOR PROPOSAL #16-07R FOR FINANCIAL AUDITING SERVICES, AND TO FURTHER AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO EXECUTE A LETTER OF ENGAGEMENT BETWEEN THE CITY OF TAMARAC AND RSM US, LLP, FOR ANNUAL FINANCIAL AUDITING SERVICES FOR A PERIOD OF FIVE (5) YEARS FOR FISCAL YEARS ENDING ON SEPTEMBER 30, 2016, SEPTEMBER 30, 2017, SEPTEMBER 30, 2018, SEPTEMBER 30, 2019 AND SEPTEMBER 30, 2020 RESPECTIVELY, FOR AN ANNUAL NOT TO EXCEED COST OF $103,500 FOR THE FIRST TWO (2) YEARS, AND $106,500 FOR THE REMAINING THREE (3) YEARS FOR AN AGGREGATE PRICE OF $526,500; WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD SUBJECT TO SATISFACTORY PERFORMANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter section, 7.09, states that the Commission shall provide for an independent annual audit of all City accounts made by a Certified Public Accountant and/or firm of such accountants; and WHEREAS, the City Commission of the City of Tamarac approved resolution R- 2016-25 at its meeting of March 9, 2016, which established an Audit Committee for the purpose of assisting the City Commission in selecting a qualified Auditor to conduct the Annual Financial Audit pursuant to Section 318.391 Florida Statutes with the responsibility to issue competitive solicitations, review solicitation responses, and make a recommendation to the City Commission regarding the award of an Agreement for Temp. Reso #12806 —June 27, 2016 Page 2 of 6 Financial Auditing Services a copy of said resolution is on file with the City Clerk; and WHEREAS, the Audit Committee consists of the City Manager, the Assistant City Manager, the Director of Financial Services, the Director of Community Development, the Director of Public Services, the Director of Information Technology, and the Purchasing and Contracts Manager, who facilitated the solicitation process; and WHEREAS, the Audit Committee formally issued and advertised in the South Florida Sun Sentinel, and the City's public web -site Request for Proposal #16-07R on March 18, 2016, a copy of which on file with the City Clerk; and WHEREAS, as a result of this solicitation, the City received seven (7) qualified responses on April 21, 2016, including the following respondents: and, • GLSC & Co., PLCC • Grau & Associates • HCT Certified Public Accountants and Consultants • Keefe McCullough • Marcum Accountants & Advisors • Rehman Robson, LLC • RSM US, LLP WHEREAS, the Audit Committee evaluated and scored each proposal response, and met in a public meeting on May 16, 2016, at which time it was determined to short-list the top four (4) respondents, and invite them to provide oral presentations to the Audit Committee, a copy of the Audit Committee scoring matrix is included herein as Exhibit 1 and; WHEREAS, on June 7, 2016, the following four (4) short-listed firms provided oral 1 Temp. Reso #12806 —June 27, 2016 Page 3 of 6 presentations to the Audit Committee, which are shown in rank order based on the highest score shown first: and, • RSM US, LLP • GLSC & Co., PLCC • Grau & Associates Marcum Accountants & Advisors • Marcum Accountants & Advisors WHEREAS, as a result of these oral presentations, the Audit Committee determined the following ranking for the four proposals, a copy of the final ranking matrix is included herein as Exhibit "2": PROPOSING FIRM RANKING RSM US, LLP 1S Place Marcum Accountants & Advisors 2" Place Grau and Associates 3r Place GLSC & Co., PLCC 4 Place and, WHEREAS, it is the recommendation of the Audit Committee to the City Commission that RFP 16-07R be awarded, and a Letter of Engagement be executed with RSM US, LLP, the first ranked firm, to provide financial auditing services to the City of Tamarac for the fiscal years ending September 30, 2016, September 30, 2017, September 30, 2018, September 30, 2019 and September 30, 2020, for an annual fee of $103,500 for the first two (2) years, and a fee of $106,500 for the remaining three (3) years, for an Temp. Reso #12806 —June 27, 2016 Page 4 of 6 aggregate five (5) year cost of $526,500, with one (1) additional two (2) year renewal option subject to satisfactory performance, a copy of the RSM US LLP proposal response which is on file with the City Clerk, and the RSM US LLP executed Letter of Engagement are included herein as Exhibit "3"; and, WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to accept the Audit Committee recommendation, and to award RFP #16-07R for Financial Auditing Services and execute a Letter of Engagement with RSM US, LLP, the first ranked firm, to provide financial auditing services to the City of Tamarac for the fiscal years ending September 30, 2016, September 30, 2017, September 30, 2018, September 30, 2019 and September 30, 2020, for an annual fee of $103,500 for the first two (2) years, and a fee of $106,500 for the remaining three (3) years, for an aggregate five (5) year cost of $526,500, with one (1) additional two (2) year renewal option subject to satisfactory performance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission hereby accepts the recommendation of the Audit Committee, and awards Request for Proposal #16-07R for Financial Auditing 1 u Temp. Reso #12806 —June 27, 2016 Page 5 of 6 Services, and the appropriate City officials are hereby authorized to execute a Letter or Engagement attached hereto as Exhibit "Y with RSM US, LLP, the first ranked firm, to provide financial auditing services to the City of Tamarac for the fiscal years ending September 30, 2016, September 30, 2017, September 30, 2018, September 30, 2019 and September 30, 2020, for an annual fee of $103,500 for the first two (2) years, and a fee of $106,500 for the remaining three (3) years, for an aggregate five (5) year cost of $526,500, with one (1) additional two (2) year renewal option subject to satisfactory performance. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SFrTIC)N passage and adoption. This Resolution shall become effective immediately upon its Temp. Reso #12806 —June 27, 2016 Page 6of6 PASSED, ADOPTED AND APPROVED this %3 day of , 2016 DIANE GLASS VICE MAYO ATTEST: RECORD OF COMMISSION VOTE: MAYOR DRESSLER GZ DIST 1: COMM. BUSHNELL C DIST 2: COMM. GOMEZ �✓ DIST 3: V/M GLASSER ti DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this RESOLUTION as to form. VIN, 4 /�), 7/% SAVU L S. GO N CITY ATTORNEY J 0 m F to c W U 0 co W 111 rn � (7 � ~ E ¢ U J a z Z LL N 0 U) 0 O U) XX. -.MMMMMMM n n con OOM ': O N Mm N N w N co CO cow NN O rOrOOjr O BOO ��aV: ���nnnn d:�� vaavwvv CAO�O 006 c0 Nr CO 0000000 CO 0 M1 fA (o c'O C, m C`M C`M M M M M M M M M r X X CO M O N M CO Cl) CO Cbn r N ' N ON N N n N N O N N n n N N O N n CO OOOOOOO to CO (O OOO OOOOOOO CO n O CO N COO n n o n(°mm�(nn ID M n U X X O MM O CO CO co MmN n O N co CO NNNNNNN n O CO 00 O 0 co 0 co r 0) O r r CA O (p O COOCO O O O CO O CO O CO 0 nO 0 0 C00 0 (O O (O 00- CO N C � ao000000r�n,o o O S (7 o CL w v E'�J X X O - co M O N v M V M 0 N 0 N CO N C O N N O O O N 0 O N N O n O M n O n O N O N O N co N O N O N O N O 00 n CO O n W n O n n 0 0 O n Y YYW G r r r r - r 0 0 r 0 r r n O Cl) C x m R L a. O N o 'n d X M O n 0 0 0 0 O ti' 0 0 0 0 0 n t6 0 O O O n •O O. 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MARCUM I RSM Individual Rankin City Manager 4 3 2 1 Assistant City Manager 4 3 2 1 Director of Financial Services 4 3 2 1 Director of Community Development 4 3 2 1 Director of Public Services 4 3 2 1 Director of Information Technology 4 3 1 2 Purchasing & Contracts Manager 1 4 3 2 1 TOTAL"POINTS TOTAL POINTS 28 21 13 8 FINAL RANKING'; 4- T77 3 , 2 '. 1 A rannmg or. t=oest Wuannea; z= Next west Qualified and so on. Yellow Highlighted Cells: Highest Ranked Firm June 16, 2016 Mr. Michael C. Cernech City Manager City of Tamarac, Florida 7525 NW 88th Avenue Tamarac, Florida 33321 Attention Mr. Cernech: RSM RSM US LLP 100 NE Third Avenue Suite 300 Fort Lauderdale, FL 33301, USA O +1 954.462.6300 F +1 954.462.4607 www.rsmus.com The Objective and Scope of the Audit of the Financial Statements You have requested that we audit the City of Tamarac, Florida's (the City) governmental activities, business -type activities, each major fund and the aggregate remaining fund information as of and for each year ending September 30, 2016 through 2020, 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 acceptance of this engagement is subject to our satisfactorily completing our normal engagement acceptance procedures. We will notify you promptly if we become aware of anything during our acceptance procedures that results in our not being able to continue this engagement. This letter will also provide the City with one (1) additional 2-year renewal term of the contract, based upon satisfactory performance and mutual agreement of both parties. Our audits will be conducted with the objective of our expressing an opinion on the financial statements. We will also perform the audits of the City so as to satisfy the audit requirements imposed by the Single Audit Act and Subpart F of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the Florida Single Audit Act for each year. 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 (GAS); the provisions of the Single Audit Act; Subpart F of Title 2 U.S. CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; the U.S. Office of Management and Budget's (OMB) Compliance Supplement, the Florida Single Audit Act, and guidance provided in the audit guides titled State and Local Governments, issued by the AICPA and dated March 1, 2015. Those standards, regulations, supplements, and 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, GAS does not expect us to provide reasonable assurance of detecting abuse. AUDIT i Ti 4 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 those charged with governance (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 listed in the City's September 30, 2015 Comprehensive Annual Financial Report (CAFR), but may be amended during the term of the contract. We will also audit the financial statements of the following City pension trust funds included in the CAFR: • Police Officers' Pension Trust Fund • Firefighters Pension Trust Fund • General Employees' Pension Trust Fund • Elected and Appointed Officers and Non -Represented Employees Retirement Fund The financial statements for the four pension trust funds listed above will not be issued as stand-alone financial statements but will be included as combining statements in the notes to the financial statements The state and 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 listed in the City's September 30, 2015 single audit report, but may be amended during the term of the contract. Management is responsible for the timely completion and filing of the Federal Audit Clearinghouse Data Collection Form. We will certify the Data Collection Form for submission, once completed by management. Our report(s) 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 report(s) 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. 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 acknowledges and understands that they have responsibility: 1. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2. To evaluate subsequent events through the date the financial statements are issued or available to be issued, and to disclose the date through which subsequent events were evaluated in the financial statements. Management also agrees that it will evaluate subsequent events through the date of the management representation letter referred to below; 3. 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; 4. 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; 5. 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 package[s]; and 6. To provide us with: a. 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; b. Additional information that we may request from management for the purpose of the audit; c. Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence; d. When applicable, a summary schedule of prior audit findings for inclusion in the single audit reporting package; and e. If applicable, responses to any findings reported on the schedule of findings and questioned costs. 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: 1. That management has fulfilled its responsibilities as set out in the terms of this letter; and 2. 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 supplementary information in accordance with accounting principles generally accepted in the United States of America. Management agrees to include the auditor's report on the supplementary information in any document that contains the supplementary information and indicates that the auditor has reported on such supplementary information. Management also agrees to present the supplementary information with the audited financial statements or, if the supplementary information will not be presented with audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance of the supplementary information and the auditor's report thereon. 3 In accordance with the AICPA Auditing Standard Section AU-C 260, The Auditor's Communication With Those Charged With Governance, we will issue a letter requesting that those charged with governance timely communicate to us any matters they consider relevant to the audit. In response to that request, those charged with governance are responsible for informing us of its views about the risks of fraud or abuse within the entity, and its knowledge of any fraud or abuse or suspected fraud or abuse affecting the entity. The City agrees that it will not associate us with any public or private securities offering without first obtaining our consent. Therefore, the City agrees to contact us before it includes our reports, or otherwise makes reference to us, in any public or private securities offering. Our association with an official statement is a matter for which separate arrangements will be necessary. The City agrees to provide us with printer's proofs or masters of such offering documents for our review and approval before printing, and with a copy of the final reproduced material for our approval before it is distributed. In the event our auditor/client relationship has been terminated when the City seeks such consent, we will be under no obligation to grant such consent or approval. 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 when RSM US LLP is not associated with the public or private securities offering: RSM US 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. RSM US LLP also has not performed any procedures relating to this official statement. Because RSM US LLP will rely on the City and its management and those charged with governance to discharge the foregoing responsibilities, the City agrees to release RSM US LLP and 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 that could not otherwise have been determined or discovered by RSM US LLP with reasonable and prudent effort required by the conduct of this audit where such misrepresentation results in RSM US LLP's breach of contract. This provision shall survive the termination of this arrangement for services. 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 or issue a report, or withdrawing 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 management. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Other Relevant Information RSM US LLP may mention the City's name and provide a general description of the engagement in RSM US LLP's client lists and marketing materials. 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 4 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 addition, we may utilize financial information you have provided to us in connection with this engagement for purposes of creating benchmarking data to be used by RSM US LLP professionals and other clients. This benchmarking data is aggregated with data from a minimum of five other entities so that users of the data are unable to associate the data with any single entity in the database. In accordance with GAS, a copy of our most recent peer review report has been provided to you for your information. 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, plus direct expenses. Our fee estimate and completion of our work are based upon the following criteria: 1. Anticipated cooperation from City personnel 2. Timely responses to our inquiries 3. Timely completion and delivery of client assistance requests 4. Timely communication of all significant accounting and financial reporting matters 5. 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 upon mutual agreement between the City and RSM US LLP. Interim billings will be submitted as work progresses and as expenses are incurred. We will submit our final bill for these services promptly upon rendering the report. Billings are due upon submission. The fees for the aforementioned services for each fiscal year follows: • Fiscal Year 2016 - $103,500 • Fiscal Year 2017 - $103,500 • Fiscal Year 2018 - $106,500 • Fiscal Year 2019 - $106,500 • Fiscal Year 2020 - $106,500 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 RSM US LLP for any additional costs incurred as a result of the City's employment of a partner or professional employee of RSM US 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 RSM US 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 RSM US LLP audit personnel and at a location designated by our firm. 5 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 (GFOA) Certificate of Achievement for Excellence in Financial Reporting. Our association with the submission of the CAFR to the GFOA is limited to reviewing the CAFR and helping the City resolve any reporting questions that arise during the engagement. Public Records We understand that the City is a public agency subject to Chapter 119, Florida Statutes. Accordingly, we shall comply with Florida's Public Records Law. Specifically, we agree to the following: We will keep and maintain public records required by the City in order to perform the service. Upon request from the City's custodian of public records, we will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. We will ensure that public records that are exempt or confidential and exempt from public records disclosure requirements (i.e. audit workpapers) are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. Upon completion of the contract, we will either transfer, at no cost to the City, all public records in our possession, or keep and maintain public records required by the City to perform the service. If we transfer all public records to the City upon completion of the contract, we shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If we determine that we will maintain public records outlined by Florida Statutes Chapter 119, and upon completion of the contract, we agree that we shall meet all applicable requirements for retaining public records as required by Chapter 119 of Florida Statutes. All records stored electronically shall be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. • During the term of the contract, we shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. We agree to make such records available to appropriate representatives of any regulator of the City. Contract records shall be made available during normal business hours wherever we are holding them within Broward, Dade or Palm Beach Counties, and shall include all books of account, reports and records relating to this contract. We agree to the following regarding public records, as required by Florida Statute, Chapter 119 IF WE, AS A CONTRACTOR HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERKD-TAMARAC.ORG Claim Resolution The City and RSM US LLP agree that no claim arising out of services rendered pursuant to this agreement shall be filed more than five years after the date of the audit report issued by RSM US LLP or the date of this arrangement letter if no report has been issued. The City waives any claim for punitive damages. 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. A 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 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 paragraph(s), 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: 1. A report on the fairness of the presentation of the City's schedule of expenditures of federal awards and state financial assistance for the year ending; 2. 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 control; 3. Reports on compliance with laws, regulations, and the provisions of contracts or grant agreements. We will report on any noncompliance that could have a material effect on the financial statements and any noncompliance that could have a material effect, as defined by the State Single Audit Act, Subpart F of Title 2 U.S. CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the Florida Single Audit Act, on each major program and award; and 4. An accompanying schedule of findings and questioned costs. This letter along with our proposal and the City's request for proposal (RFP) constitutes the complete and exclusive statement of agreement between RSM US LLP and the City, superseding all other communications with respect to the terms of the engagement between the parties. Please sign and return a 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. RSM US LLP Brett Friedman Engagement Partner Confirmed on behalf of the City of Tamarac, Florida: Michael a cemech oe Date 7 BKO., CPAs & Advisors System Review Report To the Partners of McGladrey LLP and the National Peer Review Committee of the American Institute of Certified Public Accountants Peer Review Board We have reviewed the system of quality control for the accounting and auditing practice of McGladrey LLP (the "firm") applicable to non -SEC issuers in effect for the year ended April 30, 2013. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As a part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of and the procedures performed in a System Review are described in the standards at www.aicpa.or I rsummM. As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards, audits of employee benefit plans, audits performed under FDICIA, and audits of carrying broker -dealers, and examinations of service organizations [Service Organizations Control (SOC) I and 2 engagements]. In our opinion, the system of quality control for the accounting and auditing practice of McGladrey LLP applicable to non -SEC issuers in effect for the year ended April 30, 2013, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency fees) or fail. McGladrey LLP has received a peer review rating of pass. iG1) I:ap December 4, 2013 Praxitx�: -sift