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Item O6 BOARD OF COUNTY CO ¢ I SSIONERS * ADD—ON * AGENDA ITEM SUMMARY Meeting Date: 12/11/2013 Division: Clerk Bulk Item: Yes X No _ Department: Staff Contact/Phone#: Amy Heavilin.293130 AGENDA ITEM WORDING: Approval of first amendment to Monroe County Audit Contract dated July 18,2012 with Cherry Bekaert LLP,to provide specifics project closeout audit of State Revolving Fund loan WW602091 between Monroe County and State of Florida,Department of Environmental Protection,which provided funding from the Clean Water State Revolving Fund for the Big Coppitt wastewater-project,as required by paragraph 2.03 of the loan agreement. ITEM BACKGROUND: In April 2010,the County executed loan agreement WW602091 to provide funding from the Clean Water State Revolving Fund i for the Big Coppitt wastewater project. Paragraph 2.03(4) of the loan agreement provided that at the conclusion of the cost period, the County would provide a specific project closeout audit. On July 18, 2012, the County entered into its latest agreement with the firm of Cherry,Bekaert&Holland, LLP("Audit Contract")to-perform audit of the County's financial records and to prepare an audit report. The audit services required by'loan WW602091 are additional to the scope of services specified in the Audit Contract and are necessary. I � PREVIOUS RELEVANT.BOCC ACTION: Please see above. CONTRACT/AGREEMENT CHANGES: The first amendment expands the scope of services to include the closeout audit required by SRF loan WW602091 in return for a fixed fee of$12,000.00, inclusive of costs, and updates the firm's name. STAFF RECOMMENDATIONS: Approval. TOTAL COST$12,000.00 INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $12,000.00 SOURCE OF FUNDS: ' I REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Attyti. :' OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# 0-6 * ADD—ON * Revised 7/09 ' .. y MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I CONTRACT SUMMARY Contract with: Cherry Bekaert LLP Contract#- Effective Date: Dec. 11,20.13 Expiration Date: Contract Purpose/Description: First amendment to agreement'dated 7/18/2013,for project-specific audit of DEP State Revolving Fund loan WW602091 and engagement letter with the auditing firm of. Cherry Bekaert LLP. Contract Manager: Amy Heavilin 3130 I Clerk/8 (Name). (Ext.) (Department/Stop#) for BOCC meeting on 12/11/2013 Agenda Deadline: CONTRACT COSTS i Total Dollar Value of Contract: $ 12,000.00 Current Year Portion: $ 12,000.00 Budgeted?Yes[] No 0 Account Codes: - - - - Grant: $ - - - County Match: $ !- - - - ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) 1 (eg.maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[]No0 Risk Management Yes0 No0 O.M.B./Purchasing YesO No0 County Attorney YesD_No t�, f. I a-10 X013 Comments: OMB Form Revised 2/27/01 MCP#2 j COUNTY OF MONROE,j FLORIDA AUDIT CONTRACT FIRST AMENDMENT This is an amendment (First Amendment) to the contract, dated July 18, 2012 ("Audit Contract"), by and between the Board of County Commissioners of Monroe County, Florida(hereinafter "County") and Cherry, Bekaert&Holland, L.L.P.. (hereinafter"Auditor"), a Certified Public Accountant limited liability partnership licensed to do business within the State of Florida (collectively, the "Parties"). WHEREAS, the County is required under paragraph 2.03(4) of loan agreement WW602091 by and between Monroe County and the State of Florida, Department of Environmental Proection setting the terms and conditions for a State Revolving Fund loan in connection with the Big Coppitt wastewater system to conduct a project-specific closeout audit within twelve (12) months of the close of construction costs for the project; and WHEREAS,the Clerk of the Court wishes to engage the Auditor for the purpose of conducting the project-specific audit in addition to those duties already outlined in the Audit Contract; and WHEREAS,the Auditor will accept the additional responsibilities; now therefore IN CONSIDERATION of the mutual promises,benefitsjand covenants set forth herein, the Parties agree as follows: 1. Under Section 1, SCOPE OF SERVICES, a new paragraph 1.11 is added, as follows: 1.11 The Auditor shall perform the project-spicific closeout audit of the County's Florida Department';of Environmental Protection Loan No. WW602091 from April 22, 2010 (date of inception) through loan close-out. The audit shall consist of an audit of special purpose financial statement of the loan revenues and expenditures,budget and actual, and shall be based on special purpose financial statements supplied'by the Monroe County Clerk, as outlined in the engagement letter dated December 4, 2013,by and between Auditor and County. 2. Under Section 4, COMPENSATION AND TERMS OF PAYMENT, a new paragraph is added, as follows: The fee for the project-specific closeout audit referenced in paragraph 1.11 is a flat fee of twelve thousand dollars ($12,000.00), inclusive of all fees and costs. Notwithstanding the terms set forth in the engagement letter dated December 4, 1 2013,the contractual fee will be paid in accordance with the Florida Local Government Prompt Payment Act. 3. All other terms and conditions of the Audit Cont fact dated July 18, 2012 remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed on the day and year first above written. (SEAL) Attest: AMY HEAVILIN, Clerk BOARD OF COUNTY COMMISSIONERS By: OF MONROE COUNTY, FLORIDA Deputy Clerk By: Mayor/Chairperson WITNESSES: AUDITOR By: Print name: Partner Print name:! ! I Print name: 1 I � 2 I i i I COUNTY OF MONROE;FLORIDA AUDIT CONTRACT FIRST AMENDMENT This is an amendment(FirstAmendment)to the contract dated July 18,2012("Audit Contract"), by and between the Board of County Commissioners of Monroe County, Florida(hereinafter "County")and Cherry,Bekaert&1Holland,L.L.P. (hereinafter"Auditor"),a Certified Public Accountant limited liability partnership licensed to do business within the State of Florida (collectively,the"Parties"). WHEREAS,the County is required under paragraph 2.03(4)of loan agreement WW602091 by and between Monroe County and the State of Florida,Department of Environmental Protection setting the terms and conditions for a State Revolving Fund loan in connection with the Big Coppitt wastewater system to conduct a project-specific',closeout audit after the close of construction costs for the project;and WHEREAS,the Clerk of the Court wishes to engage the Auditor for the purpose of conducting the project-specific audit in addition to those duties already outlined in the Audit Contract;and WHEREAS,the Auditor will accept the additional responsibilities;and WHEREAS, it is advisable to update the Audit Contractito reflect the name change of the auditing firm from Cherry, Bekaert L.L.P.to Cherry Bekaert L.L.P.;now therefore IN CONSIDERATION of the mutual promises,benefitsi and covenants set forth herein,the Parties agree as follows: 1. Under Section 1,SCOPE OF SERVICES,a new'paragraph 1.11 is added,as follows: 1.11 The Auditor shall perform the project-speicific closeout audit of the County's Florida Department of Environmental Protection Loan No. WW602091 from April 22,2010(date of inception)through loan close-out. The audit shall consist of-an audit of special purpose fmancial statement of the loan revenues and expenditures,budget and actual,and shalllL be based on special purpose financial statements supplied by the Monroe County Clerk, as outlined_in-the-engagement letter dated December 4, 2013,by and between Auditor and County. 2. Under Section 4,COMPENSATION AND TERMS OF PAYMENT,a new paragraph is added,as follows: 1 The fee for the project-specific closeout audit referenced in paragraph 1.11 is a flat fee of twelve thousand dollars($12,000.00),inclusive of all fees and costs. Notwithstanding the terms set forth in the engagement letter dated December 4, 2013, the contractual fee will be paid in accordance with the Florida Local Government Prompt Payment Act. 3. The name of the firm is changed from Cherry,Bekaert&Holland LLP to Cherry Bekaert LLP wherever it appears in the Audit Contract including this amendment. 4. All other terms and conditions of the Audit Conti-act-dated July 18,2012 remain in full force and effect. IN WITNESS WHEREOF,the Parties hereto have caused this agreement to be executed on the day and year first above written. (SEAL) Attest: AMY HEAVILIN,Clerk BOARD OF COUNTY COMMISSIONERS By: OF MONROE COUNTY,FLORIDA Deputy Clerk By: Mayor/Chairperson WITNESSES: AUDITOR. By: Print name: ! Partner Print name: Print name: MONROE COUNTY ATTORNEY APvrROV DATM: +1YNTHIA L.``1ALL ASSISTANT C- o. -UNTY ATTORNEY Date �AaLol; i I 2 • Cherry Bekaert CPAs&Advisors December 4, 2013 Mrs.Amy Heavilin, CPA Clerk of Circuit Court and Comptroller Monroe County, Florida I 500 Whitehead Street Key West, Florida 33040 Dear Mrs. Heavilin: This engagement letter between Monroe County, Florida (hereafter referred to as the "County") and Cherry Bekaert LLP (the "Firm" or "Cherry Bekaert") sets forth the nature and scope of the services we will provide, the County's required involvement and assistance in support of our services, the related fee arrangements and other Terms and Conditions,which are attached hereto and incorporated by reference, designed to facilitate the performance of our professional services and to achieve the mutually agreed upon objectives of the County. SUMMARY OF SERVICES We will provide the following services to the County: Audit services 1. We will audit the special purpose financial statements of the loan revenues and expenditures—budget and actual - of-the County's Florida Department of Environmental Protection Loan No. WW602091 from April i22, 2010 (date of inception) through loan close-out. The special purpose-financial statements are the responsibility of the County's management. YOUR EXPECTATIONS As part of our planning process, we have discussed with you your expectations of Cherry Bekaert, changes that occurred during the year, your views on risks facing you, any relationship issues with Cherry Bekaert, 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 quality-focused approach' to accomplish the engagement objectives and 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. Any additional services that you may request, and that we agree to provide, will be the subject of separate written arrangements. The engagement will be ed by Eddie Burke, who will be responsible for assuring the overall quality,value, and timeliness of the services provided to you. AUDIT SERVICES The objective of our audit is to report on the fairness of presentation of the special purpose financial statements and the rules and regulations of the Florida Department of Environmental Protection. The special purpose financial statements are not intended to be a presentation in conformity with U.S. generally accepted accounting principles. BAKER TI LLY 2626 Glenwood Avenue,Suite 200,Raleigh,NC 27608-1045 I r 919.782.1040 I cbh.com INTERNATIONAL Monroe County, Florida December 4,2013 Page 2 The reports on internal control and compliance will each include a paragraph that states that the purpose of the report is solely to describe (1)1the scope of testing of internal control over financial reporting and compliance and the result of that testing and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance. The paragraph will also state that the report is not suitable for any other purpose. Our audit will be conducted in accordance-with auditing standards generally accepted in the United States of America; Government Auditing Standards, issued by the Comptroller General of the United States; the rules and regulations of the Florida Department of Environmental Protection; and will include tests of accounting records and other procedures as deemed necessary to enable us to express such opinions and to render the required reports. 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. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue a report as a result of this engagement. I FEES The estimated fee contemplates only the services described in the Summary of Services section of this letter. If Management requests additional services not listed above, we will provide an estimate of those fees prior to commencing additional work. The following summarizes the fees for the services described above: I I Description of Services Estimated Fee Audit services Audit of the special purpose financial statements $12,000 Total $12,000 The fees will be billed periodically. Invoices are due on presentation. A service charge will be added to past due accounts equal to 1-1/2% per month (18% annually) on the previous month's balance less payments received during the month,with a minimum charge of$2.00 per month. 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 Eddie Burke at 919-782-1040. � I Monroe County, Florida December 4,2013 Page 3 i I Sincerely, CHERRY BEKAERT LLP j ATTACHMENT—Engagement Letter Terms and Conditions Monroe County, Florida ACCEPTED BY: TITLE: DATE: 1 • I Attachment- Page 1 Cherry Bekaert LLP Engagement Letter Terms and Conditions The following terms and conditions are an integral part of the attached engagement letter and should be read in their entirety in conjunction with your review of the letter. LIMITATIONS OF THE AUDIT REPORT Should the County wish to include or incorporate by reference these special purpose financial statements and our report thereon into any other document at some future date,we will consider granting permission to-include-our report into another such document at the time of the-request. However,we may-be required by generally accepted auditing standards ("GAAS")to perform certain procedures before we can give our permission to include our report in:another document such as an annual report, private placement, regulator filing, official statement, offering of debt securities,!etc. You agree that you will not include or incorporate by reference these special purpose financial statements and our report thereon, or our report into any other document without our prior written permission In addition, to avoid unnecessary delay or misunderstandings, it is important to provide us with timely notice of your intention to issue any such document. LIMITATIONS OF THE AUDIT PROCESS In conducting the audit, we will perform tests of the accounting records and such other procedures as we consider necessary in the circumstances to provide a reasonable basis for our opinion on the special purpose financial statements. We 'also will assess the accounting principles used and significant estimates made by Management, as well as evaluate the overall financial statement presentation. I 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 County) on the special purpose financial statements. Similarly, in performing our audit we'will be aware of the possibility that illegal acts may have occurred. However, it should be recognized that our audit provides no!assurance that illegal acts generally 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. We will inform you with respect to errors and fraud, or illegal acts that come to our attention during the course of our audit unless clearly inconsequential. In the event that we have to consult with the County's counsel or counsel of our choosing regarding any illegal acts we identify, additional fees incurred may be billed to the County. You agree to cooperate fully with any procedures we deem necessary to perform with respect to these matters. If, for any-reason, we are unable toicomplete the audit, or are unable to form, or have not formed an opinion on the special purpose financial statements, we may1 decline to express an opinion or decline to issue a report as a result of the engagement. We will notify the appropriate party within your organization of our decision and discuss the reasons supporting our position. i I Attachment- Page 2 MANAGEMENT'S RESPONSIBILITIES RELATED TO THE AUDIT Management is responsible for the fair presentation of the special purpose financial statements, for making all financial records and related information available to us, for ensuring that all material information is disclosed to us, and fo i identifying and ensuring that the County complies with the laws and regulations applicable to its activities and with the provisions of contracts and grant agreements. Management is also responsible for adjusting the special purpose financial statements to correct material misstatements, informing us of events that occurred subsequent to the statement date until the date of the auditor's report that might affect the special purpose financial statements or related disclosures and informing us of any discovery of facts related to items that existed at the financial statement date that might affect the special purpose financial statements or related disclosures. Management is responsible for informing us of its views regarding the risk of fraud at the County. Management must inform us of their knowledge of any allegations of fraud or suspected fraud affecting the County received in communications from employees, former employees, regulators, or others and for informing us about all known or suspected fraud affecting the County involving (a) Management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. Management is responsible for the design and implementation of programs and controls over financial reporting and to prevent and detect fraud. Appropriate supervisory review procedures are necessary to provide reasonable assurance that adopted policies and prescribed procedures are adhered to and to identify errors and fraud or illegal acts. As a part of our audit, we will-consider the County's internal control structure, as required by GAAS, sufficient to plan the audit and to determine the nature, timing, and extent of auditing procedures necessary for expressing our opinion concerning the financial statements. An audit is not designed to provide any assurance on internal controls.jAs part of our consideration of the County's internal control structure,we will inform you of matters that come to our attention that represent significant deficiencies or material weaknesses in the design or operation of the internal control structure. Management is responsible for establishment and maintenance of a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying to us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions and recommendations, as well as your planned corrective actions,!and the timing and format related thereto. At the conclusion of the engagement, Management will provide to us a representation letter that, among other things, addresses (1) Management's responsibilities 'related to the audit and confirms certain representations made to us during the. audit, including, Management's acknowledgement of its responsibility for the design and implementation of programs and controls to prevent and detect fraud; (2) Management's responsibilities related to the monitoring of internal control over financial reporting; and (3) Management's knowledge, directly or'from allegations by others, of fraud or suspected fraud affecting the County. The-representation-letter-will-also-affirm to us-that Management-believes-that-the-effects-of-any uncorrected misstatements, if any, pertaining to the financial 'statements are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The Firm will rely on 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 the Firm, and its partners and employees, and hold them harmless from all claims, liabilities, losses, and coats arising in circumstances where there has been a known misrepresentation bylan officer or employee of the County regardless of whether such officer or employee was acting in the County's interest, and even if the Firm acted negligently or ' I Attachment- Page 3 ' I wrongfully in failing to uncover or detect such misrepresentation. This indemnification will survive termination of this letter. AUDIT-PROCEDURES—GENERAL An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the special purpose financial statements; therefore, our audit will involve professional judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the special purpose financial statements are free of material misstatement,! whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the County or to acts by managerent or employees acting on behalf of the County. Because the determination of abuse is subjective) Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. 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 Hs a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs.1However, we will inform you of any material errors and fraud, or illegal acts that;come to our attention during the course of our audit. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which We are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. AUDIT PROCEDURES—INTERNAL'CONTROLS Our audit will include obtaining an understanding of the County and its environment, including internal controls, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing and extent of further audit procedures. Teats of-controls may be performed to test the effectiveness of certain controls that!we consider relevant to preventing and detecting errors and fraud that are material to the special 'purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the special purpose financial statements. Our tests, if performed, will be less in scope than would be necessary to render an !opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit Asnot-designed to provide assurance on internal control-or to identify--significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under professional standards, and Government Auditing Standards. ! I Attachment- Page 4 AUDIT PROCEDURES-COMPLIANCE As part of obtaining reasonable assurance about whether the special purpose financial statements are free of material misstatement, we will perform tests of the County's compliance with applicable laws and regulations and the provisions of the Florida Department of Environmental Protection Loan No. WW602091. 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. Communications At the conclusion of the audit engagement, we may provide Management and those charged with governance a letter stating any significant deficiencies or material weaknesses which may have been identified by us during the audit and our recommendations designed to help the County make improvements in its internal control structure and operations related to the identified matters discovered in the financial statement audit. As part of this engagement we will ensure that certain additional matters are communicated to the appropriate members of the County. Such matters include (1) our responsibility under GAAS; (2) the initial selection of and changes in significant accounting policies and their application; (3) our independence with respect to the County; (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, ;if any, 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 concerning 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. OTHER MATTERS Access to working papers The working papers and related documentation for the engagement are the property of the Firm and constitute confidential information. We have a responsibility to retain the documentation for a period of time to satisfy legal or regulatory requirements for records retention. 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. We may be requested to make certain documentation available to regulators, governmental agencies (e.g., SEC, PCAOB, HUD, DOL, etc.) or their representatives (Regulators") pursuant to law or regulations. If requested, access to the documentation will bel provided to the Regulators. The Regulators may intend to distribute to others, including other governmental agencies, our working papers and related documentation without our knowledge or express permission. You hereby acknowledge and authorize us to allow Regulators access to and copies of documentation as requested. In addition, our Firm, as well as all other major accounting firms, participates in a "peer ,review" program covering our audit and accounting practices as required by the American Institute of Certified Public Accountants. This program requires that once every three years we subject our qualityi 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 standard0o keep all information confidential. If you object to having the work we do for you reviewed by our peer reviewer, please notify us yin writing. Attachment-Page 5 Electronic transmittals During the course of our engagement, we may need to electronically transmit confidential information to each other, within the Firm, and to other entities engaged by either party. Although email is an efficient way to communicate, it is not always!a secure means of communication and thus, confidentiality may be compromised. You agree to the use of email and other electronic methods to transmit and receive information, including confidential information between the Firm, the County and other third party providers utilized by either party in connection with the engagement. 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 at standard billing rates. Dispute resolution procedures 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. TERMS AND CONDITIONS SUPPORTING FEE The estimated fees set forth in the attached engagement letter are based on anticipated full cooperation from your personnel, timely delivery of requested audit schedules and supporting information, timely communication of all significant accounting and financial reporting matters, the assumption that unexpected circumstances will not be encountered during thejaudit, as well as working space and clerical assistance as mutually agreed upon and as is normal and reasonable in the circumstances. We strive to ensure that we have the right professionals scheduled on each engagement. As a result, sudden County requested scheduling changes or scheduling changes necessitated by the agreed information not being ready on the agreed upon dates can result in expensive downtime for our professionals. Any last minute schedule changes that result in downtime for our professionals could result in additional fees. Our estimated fee does not include assistance in bookkeeping or other accounting services not previously described. If for-any-reason the County is unable to provide such schedules, information and assistance, the Firm and the County will mutually revise the fee to reflectadditional services, if any, required of us to achieve these objectives. The estimated fees contemplate that the County will provide adequate documentation of its systems and controls related to significant transaction cycles and audit areas. In providing our services, we will con!suit with the County with respect to matters of accounting, financial reporting or other-significant business-issues-as permitted by professional-standards.-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, the Firm and the County will agree to an appropriate revision in our fee. � I ' I Attachment- Page 6 I ' The estimated fees are based on auditing and accounting standards effective as of the date of this engagement letter and known to apply to the County at this time, but do not include any time related to the application of new auditing or accounting standards that Iimpact the County for the first time. If new auditing or accounting standards are iissued subsequent to the date of this letter and are effective for the period under audit, we will estimate the impact of any such standard on the nature, timing and extent of our planned audit procedures and will communicate with you concerning the scope of the additional procedures and the estimated fees. The County agrees to pay all costs of collection (including reasonable attorneys' fees) that the Firm may incur in connection with the collection of unpaid invoices. In the event of nonpayment of any invoice. rendered by us, we retain the right to (a) suspend the performance of our services, (b) change the payment conditions under this engagement letter, or(c)terminate our services. If we elect to suspend our services, such services will not be resumed until your account is paid. If we elect to terminate our services for nonpayment, the County will be obligated to compensate;us for all time expended and reimburse us for all expenses through the date of termination. This engagement letter sets forth the entire understanding between the County and the Firm regarding the services described herein and supersedes any previous proposals, correspondence, and understandings whether written or oral. Any subsequent changes to the terms of this letter, other than additional billings, will be rendered in.writing and shall be executed by both parties. Should any portion of this engagement letter be ruled invalid, it is agreed that such invalidity will not affect any of the remaining portions. • • . • Bonds, Lucinda • From:. Bonds,Luanda' Sent: Monday,July 29,2013 1:19 PM To: 'scadile@monroi-clerk.com' Subject: Request for a required project specific audit UWV602091 Attachments: D00072913-07292013131424.pdf • Chapter 403.1835,Florida Statutes,and your loan agreement require a separate closeout audit of this project, which is due in three months. Per the loan agreement this audit is due 12 months after.the final amendment was done. This audit is in addition to any annual audit and must include the entire loan period. If the auditor questions any project costs or raises other concerns,please include your response. Enclosed is the financial statement for the entire loan. The mailing address is: i • ATTN Cindy Bonds 'Division of Water Resource Management • . Department of Environmental Protection • • • 2600 Blair Stone Road,MS#3505 Tallahassee,Florida 32399-2400 • If you have any questions,you may call me at 850-245-8365,fa*850 245-8411 or email lucinda.bonds@dep.state:fl.us. I show a request was_sent_prior on 4/1/2013 but I can't find the email. Could you contact me to see if this audit was • already sent to me and I didn't log it in. Thanks, Lucinda "Cindy" Bonds • Operations Analyst II State Revolving Fund Management . Department of Environmental Protection 2600 Blair Stone Road MS3505 Tallahassee, Florida 32399-2400 850-245-8365(P) • 850-245-8411 (F) Lucinda.Bo»ds@dep.state fl.us • • • i - • 1 • SRF : CW Audit Report rage tot t SRF - State Revolving Fund I i • Report: CW Audit Report as of 06/05/2012 • Financial Statement for Auditors Through 3une 05,2012 [Project Sponsor:Monroe County {Funding Number.WW 602091 CFDA:66A58 FEW Number:596000749 `Project Description:Collection,Transmission,and Treatment-Big Copp)tt service area 1For the purposes of the Single Audit Act,disbursements for this loan are considered federal funds under a grant from the Environmental (Protection Agency,Capitalization Grants for the State Revolving Fund. • Mama* ; Award Date I Wan Peasant PPAanooat s 1TbhlAsocot SenteFes 1 Rats 6ARats j Original Award 04/22/2010- 20,000,000- 0. 20,000,000, 400,000• 1.355 1.355 • Amendment 1 06/04/2012 (499,460)• 0 ! (499,460). 0; :000 : .000 Todb: • 19,500,540 . 0 15,500,540 400,000 Loan PF Total Amount Disbursed Through 06/05/2012: 19,500,540.00 0.00 19,500,540.00 Amount Disbursed 6/6/2011-06/05/2012: 5,005,734.00 0.00 5,005,734.00 } Loan Principal Service Fees Collected Through 0.00 06/05/2012: Loan Principal Service Fees Collected 6/6/2011- 0.00 06/05/2012: Capitalized Interest Through 06/05/2012: • 0.00 Non-Principal Service Fees Assessed Through 390,011.00 06/05/201.2: } Non-Principal Service Fees Assessed 6/6/2011- 390,011.00 06/05/2012: Non-Principal Service Fee Cap Int Through 0.00 06/05/2012: - Principal Paid Through 06/05/2012: 9,837,397.65 Principal Paid 6/6/2011-06/05/2012: 8,033,070.49 Interest(and GAA)Paid Through 06/05/2012: 664,314.80 Serv.Fee Interest Paid Through 06/05/2012: 1,65055 Interest(and GAA)Paid 6/6/2011-06/05/2012: 331,893.96 Sew.Fee Interest Paid 6/6/2011-06/05/2012: • 1,650.55 Non-Principal Service Fee Charges Paid 6/6/2011- 390,011.00 06/05/2012: Non-Principal Service Fee Charges Paid Through 390,011.00 06/05/2012: Unpaid Principal as of 06/05/2012: 9,663,142.35 Unpaid Service Fee Charges as of 06/05/2012: 0.00 Interest Due as of 06/05/2012: 29,415.66 Gtr.AD.Assort.Due as of 06/05/2012: 29,415.66 Serv.Fee Interest Due as of 06/05/2012: 0.00 Total Due as of 06/05/2012: 9,721,973.67 Repayments Made as of 06/05/2012: 7 Repayments-Remaining-as-of 06/05/2012: 36' Present Repayment Amount; 668,374.00 Semi Annual Repayment Dates March 1S N Septanber15 Proposed Date of First Repoynuerut: • 15-SEP-10 1 I . • • https://webapps.dep.state.fl.us/DwrmSrf/reportdo 7/29/2013 • • SRF Disbursement History Record Sponsor:Monroe County CW SRF State Bank • -. Funding#602091 1 • Amend# Award Date PF Amount Loan Amount Total Amount Rate GAA Rate • 0 04/22/2010 0 20,000,000 20,000,000 1.355 1.355 . 1 06/04/2012 • 0 (499,460) (499,460) • 0.000 0.000 Totals: 0 _ 19,500,540 19,500,540 • • Amendment 0 Award Date: 04/22/2010 •PF Amount:0 Loan Amount:20,000,000 Rate: 1.355; GAA Rate: 1.355 • Amount. Loan • Loan Db# Date Disbursed PF Amount • Amount PF Balance Balance Balance Note 0 20,000,000 20,000,000 06/04/2012 (499,460)- -- - 0 - (499,460) 0------19 500,-540 19,500,540--Decrease--Amendment-.1 ---= 1 05/05/2010 . 14,494;806. 0 14,494,806 0 5,005,734 5;005,734 2 09/08/2011 5,005,734 0 -5,005,734 0 0 - 0• ! • Total - 19,500,540 0 19,500,540 • PF Amount Disbursed:0 . Loan Amount Disbursed: 19,500,540 - 0 • • Total Amount Disbursed: 19,500,540 • • . . • • • • • Mon,29 Ju12013 13:15 Page 1 • Bonds,Lucinda ' From: i Bonds;Lucinda Sent. ' Monday.April 01;20139:22 AM To: 'scarfite@monroe-derkeom' Subject:' Request for project specific audit WW602091 Attachments: D00040113-04012013091458.pdf . Chapter 403.1835,Florida Statutes,and your loan agreement require a separate closeout audit of this project, . which is due in three months. Per the loan agreement this audit is due 12 months after the final amendment ' was done. This audit is in addition to any annual audit and mast include the entire loan period. If the auditor • questions any project costs or raises other concerns,_please inchde your response. Enclosed is the financial statement for the entire loan. The mailing address i . ATTN:Cindy Bonds. • Division of Water Resource Management Department of Environmental Protection • 2600 Blair Stone Road;MS#3505 Tallahassee,Florida 32399-2400 • If you have any questions,you may call me at 850-245-8365,fax 850 245-8411 or entail lucinda!bonds@dep.state.fl.us, . • • Lucinda "Cindy" Bonds Operatiens Analyst II • rr Department or rflyeat menta/Pratectivn 2600 Air Stone bad MS3505 Tallahassee,Florida 32399--2400 I • 8502458355 Lucinda.Bandsideu.state.f1.us • • • • • • • . i I • ' 1 • • SRF :CW Audit Report •Pagel.of 1 1 , • SRF - State. Revolving Fund ' i i I Report: CW Audit Report as of 06/05/2012 j - ! Financial Statement for Auditors Through June 05,2012 !Project Sponger:Monroe County 'Funding Number:WIN 602091 1 CFDA:66.458 FEW Number:596000749 Project Description:Collection,Transmission,and Treatment-Big Coppitt service area !For the purposes of the Single Audit Act,disbursements for this loan are considered federal funds under a grant from the Environmental `Protection Agency,Capitalization Grants for the State Revolving Fund. j Ianemont .i Award Date . I loan Amount • ' PF Amount Total Amount Setvke Foos : Rat® GA Rata Original Aw+rd 04/22/2010 20,000,000 0 I 20,000,000 .400,000� 1.355 1.355 !-Amendment 1 06/04/2012 (499,460) 0 ! (499,460) 0 .000 .000 !Mats: 19,500,540 O . I - 19,500,540 400,000 I Loan • PF Total . Amount Disbursed Through 06/05/2012: 19,500,540.00 0.00 - 19,500,540.00• • • Amount Disbursed 6/6/2011-06/05/2012: 5,005,734.00 0.00 5,005,734.00 •• Loan Principal Service Fees Collected Through 0.00 i 06/05/2012: Loan Principal Service Fees Collected 6/6/2011- 0.00 I 06/05/2012: . ! • Capitalized Interest Through 06/05/2012: . 0.00 I Non-Principal-Service Fees Assessedl;Through ! 06/05/2012: 390,011.00 • . NOn-Principal Service Fees Assessed 6/6/2011- 390,011.00 I06/05/2012: . I Non-Principal Service Fee Cap Int,Through ' . I 06/05/2012: 0.00 • i •• Principal Paid Through 06/05/2012: 9,837,397.65 • Principal Paid 6/6/2011-06/05/2012: • 8,833,070A9 , 2nterest•(and GAA)Paid Through 06/05/2012: 664,314:80 • • Serv:Fee Interest Paid Through 06/05/2012: 1,650.55 • • Interest(and GAA)Paid 6/6/2011-06/05/2012: j • 331,893.96 Sim.Fee Interest Paid 6/6/2011 06/05/2012: . • 1,650.55 NonWrincipal Service Fee Charges Paid 06/2011- . 390,011.00 I 06/05/2012: . 1 . Non-Principal Service Fee Charges Paid Through • 06/05/2012: ! 390,O1iA0 Unpaid Principal as of 06/05/2012: 9,663,142.35. !Unpaid Service Fee Charges as of 06/05/2012: i • 0.00 • • Interest Due as of 06/05/2012: I 29,415.66 • •• ! Gtr.All.Assmt.Due as of 06/05/2012: ! 29,415.66 • i .Serv.Fee Interest Due as of 06/05/2012: ! 0.00 . I Total Due as of 06/05/2012: 9,721,973.67 Repayments Made as of 06/05/2012: • j• . • 7 1 Repayments Remaining as of 06/05/2012: 36 Present Repayment Amount: 668,374.00 • • Semi-Annual Repayment Dates: March 15& September15 •i ' Proposed Date of First Repayment: • 15-SEP-10 ' ' • I . . https://w,ebapps.dep.state.fl.usJDwrmSrf/report.do • 4/1/2013 - • • SRF Disbursement History Record . Sponsor:.Monroe County . .CW SRF State Bank - Funding#602091 • . • • . . • • • Amend# • Award Date ' , PF Amount Loan Amount • • Total Amount • Rate - GAA Rate . • • 0 04/22/2010 0 20,000,000 . . • 20,000,000 1.355 . 1.355• 1 . 06/04/2012 • , 0• (499,460) (499,460) 0.000 0.000 Totals: 0 19,500,540 19,500,540 - i • Amendment 0 Award Date: 04/22/2010. PF Amount:0: Loin Amount:20,000,000 Rate: 1.355 GAA Rite: 1.355 • • • Amount • • Loan. Loan. • . Db# ' Date Disbursed PF Amount Amount PF Balance Balance • Balance Note ' - 0 20,000,000 20,000,000 • 06/04/2012 (499,460) 0 =(499;460) 0 19,500,540 = 19,500,540 Decrease Amendment-1 • . 1 05/05/2010 14,494,806 • 0 , 14,494,806 . . ' • 0 5,005,734 - 5,005,734 • . 2 09/08/2011 5;005,734 ' 0 5,005,734 0 ' • 0 • .0 • • Total 19;500,540 0 19,500,540 • PF Amount Disbursed:0 • • • . . • Loan Amount Disbursal 19,500,540 Total-Amount-Disbursed 19,500,540 -- — --- — — — — — - — -- —= — -- --- • • • • Mon, 1 Apr 2013 08:21 • Page 1 . • •