Item N6
AGREEMENT
Between
MONROE COUNTY
and
KEMP & GREEN. P.A.
CERTIFIED PUBLIC ACCOUNTANTS
PROVIDING FOR AN AUDIT OF COUNTY RECORDS COMMENCING
AUGUST. 2001 AND TO BE FOR THE NEXT CONSECUTIVE
THREE YEARS WITH THE OPTION OF EXTENDING THE CONTRACT ONE ADDITIONAL YEAR
KNOW ALL MEN BY THESE PRESENTS: That MONROE COUNTY. a body corporate
and politic. and a political subdivision of the State of Florida. hereinafter
referred to simply as COUNTY. through its Board of County Commissioners. which
term shall include their successors and assigns.
AND
KEMP & GREEN. P.A.. Certified Public Accountants. having its principal
place of business at #12 Luani Plaza. 1438 Kennedy Drive. Key West. Florida.
33040. P . O. Box 1529. Key West. Flori da 33041-1529. and doi ng busi ness or
authori zed to do busi ness in the State of Flori da. herei nafter referred to
simply as AUDITOR.
WITNESSETH. that. for and in consideration of the mutual terms and
conditions. promises. covenants and payments hereinafter set forth. COUNTY and
AUDITOR hereby agree as follows:
ARTICLE I
PREAMBLE
In order to establish the background. context and frame of reference for
this Agreement and to manifest the objectives and intentions of the respective
parti es herei n. the fo 11 owi ng statements. representati ons and exp 1 anati ons
shall be accepted as predicates for the undertakings and commitments included
within the provisions which follow and may be rel ied upon by the parties'
essential elements of the mutual consideration upon which this agreement is
based.
I - Nfo
1.1 Section 11.45 of the Florida Statutes and Section 10.800 of the
RUles of the Auditor General of theo State of Florida, which are not
incorporated herein by" reference, require that the COUNTY . shall provide
annually for a financial audit of the accounts and finances of the COUNTY.
1.2 Monroe County, pursuant to Florida Statute 11.45 when hiring
consultants, undertook a selection and negotiation process as required by
Florida Statutes in seeking a firm to perform the required audit.
1.2.1 The Audit Selection Committee to which this responsibility
was delegated selected three (3) qualified firms and made its
recommendation to the Board of County Commissioners on ,July 10, 2001.
1.2.2 On July 18, 2001, the Board of County Commissioners voted to
hire the firm of Kemp & Green, P.A. to perform the
Financial Audit as required by Florida Statute 11.45 and Section 10.800
of the Rules of the Auditor General of the State of Florida, provided
that the firm could agree upon the terms of a contract.
ARTICLE II
DEFINITIONS
2.1 COUNTY -. Monroe County, a body politic and a political subdivision
of the State of Florida.
2.2 AUDITOR.- Kemp & Green, P.A., Certified Public Accountants.
2.3 FINANCIAL AUDIT .. An examination of the financial statements in
order to express an opinion of the fairness with which they present the
financial position, results of operations, and cash flows in conformity with
general accepted government accounting principles and an examination to
determine whether operations are properly conducted in accordance with legal
and regulatory requirements.
2.4 FINANCIAL AUDIT REPORT REQUIRED BY STATUTES .. The financial audit
report, as requi red by F. S . 11.45 and Sect ion 10.800 of the Rul es of the
Auditor General, shall consist of the following:
2.4.1 AUDITORS' REPORT ON EXAMINATION OF FINANCIAL STATEMENTS
The report prepared by an auditor covering the audit or investigation
made by him/her. The report shall include but not be limited to:
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a.) A statement of the scope of the audit;
b.) Explanatory comments (if any) concerning exceptions by
the AUDITOR as to application of either generally accepted
auditing standards or generally accepted accounting principles or
the consistency of application of such principles;
2.4.2 FINANCIAL STATEMENTS -- A balance sheet, statement of
revenues and expenditures, or other statements of presentation of
fi nanci a 1 data, i nc 1 udi ng accompanyi ng notes, deri ved from the
accounting records presented in conformity with the fund and/or group
classifications as required for compliance with Section 10.800 of the
Auditor General.
2.4.3 AUDITORS' LETTER OF COMMENTS AND RECOMMENDATIONS - - A
letter to the COUNTY containing various comments and recommendations by
the AUDITOR based upon review of the COUNTY's system of internal
accounting and operating controls and other findings. Similar letters
shall be submitted to each of the County Constitutional Officers.
2.5 AUDITING SERVICES -- The services related to performing a financial
audit as defined in Article 2.3. Auditing services also include similar
examination and/or review procedures that may be required by the Board of
County Commissioners as extra work which would involve exclusively the use of
the AUDITOR's auditing staff. Such extra work may only be authorized by
written approval of the Board of County Commissioners.
ARTICLE I II
FINANCIAL AUDIT SCHEDULE
3.1 FISCAL YEAR ENDING SEPTEMBER 30. 2001 -- The Financial Audit for
the fi sca 1 year ended September 30. 2001, shall be comp 1 eted and the fi na 1
draft of the Comprehensive Annual Financial Report as defined in Article 2.4
shall be completed on or before March 15, 2002. The final comprehensive
annua 1 fi nanci a 1 statement must be subrni tted on or before March 23, 2002.
These dates will apply to the audits conducted for each succeeding year for
the term of this contract, to wit: the fiscal years ending September 30,
2002, and September 30, 2003 with the option of extending the contract one
additional year.
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ARTICLE IV
SCOPE=OF AUDIT
4.1 FUNDS AND ACCOUNT GROUPS -. The fi nanci a 1 statements shall be
prepared in conformance with the primary funds and account groups as
prescri bed by GASB, wi th supp 1 ementa 1 schedules as requi red for comp 1 i ance
with Section 10.800 of the Rules of the Auditor General of the State of
Florida. Funds may be combined to the extent permitted by the Industry Audit
Guide and by Governmental Accounting Standards.
4.1.1 PRIMARY REPORT ON GENERAL PURPOSE FINANCIAL STATEMENTS
The fo 11 owi ng funds and account groups are used by tbe COUNTY, and in
conformity with generally accepted principles of governmental
accounting, are those into which the general purpose financial
statements are to be classified and grouped for financial reporting and
audit opinion purposes:
· General funds
· Special revenue funds
· Debt service funds
· Enterprise funds
· Internal service funds
· Capital projects funds
· Expenditure trust funds
· Agency funds
· General fixed asset group of accounts
· General long-term debt group of accounts
4.1.2 SUPPLEMENTAL FINANCIAL REPRESENTATIONS -- Supplemental
to the above funds and accounts groups are the fi nanci a 1
representations of folloWing entities and/or Constitutional Officers:
· Monroe County Board of County Commissioners
· Supervisor of Elections of Monroe County
· Monroe County Clerk of the Circuit Court
Clerk ex-officio of the Board of County Commissioners
· Monroe County Tax Collector
· Monroe County Property Appraiser
· Monroe County Sheriff
· Monroe County Comprehensive Plan Land Authority
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The AUDITOR will provide separately bound individual reports relating to each
of the above entities or Constitutional Officers which will include an
opinion, management letters and financial statements.
4.2 GENERAL AUDIT CONDITIONS - - The AUDITORS wi 11 conduct pre - audi t
conferences with the Constitutional Officers of Monroe County concerning the
ensuing auditing program, prior to commencement of their filed work connected
with each annual audit.
4.2.1 The AUDITORS will communicate in writing with the Board of
County Commissioners and all Constitutional Officers on or before
November In of each year concerning any item revealed during the
fieldwork which may be included in the Management Letter to be issued
pursuant to the provision entitled MANAGEMENT LETTER which is section
4.3 of this contract.
4.3 MANAGEMENT LETTER -. A tentative Management Letter and preliminary
financial audit report shall be delivered to the COUNTY and each County Agency
according to Florida Statutes.
4.4 COMPLIANCE LETTER -- In addition to the Management Letter, and in
the same manner, the AUDITOR shall prepare and submit to the Board of County
Commissioners of Monroe County a letter regarding the COUNTY's compliance with
the terms of its various bond issues eXisting at the date of this contract.
4.5 AVAILABILITY OF RECORDS -- It is further contemplated that records
relating to the audit of each year commencing on September 30, 2001, shall be
available at the conclusion of each fiscal year no later than December 15,
2001 and December 15 of each succeeding year during the term of this contract.
4.6 AUDIT STANDARDS - - Each audit shall be done in conformity with
generally accepted auditing standards as promulgated throughout the American
Institute of Certified Public Accountants (AICPA) Industry Audit Guide, Audits
for State and Local Governmental Units, AICPA standards and procedures, and,
exc 1 udi ng the revi ew of economy and effi ci ency of operations and program
resu 1 ts , standards and procedures set forth in the pub 1 i cat ion Government
Auditinq Standards issued by the Comptroller General of the United States.
Requirements of Federal and State agreements and statutory audit requirements
will be conformed with as each may be applicable.
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4.7 COOPERATION WITH AUDITOR GENERAL AND CONSULTING FIRMS -- Where
a-pplicable, Kemp & Green, P.A., as the COUNTY's principal auditors shall
coordinate their work' a'rid cooperate with the Auditor General of the State of
Florida. and with any and all consulting firms under contract to Monroe County
and other County agencies.
4.8 IRREGULARITIES -- Should irregularities or other unforeseeable
conditions be encountered which might necessitate the extension of the
auditi ng work beyond the scope of normal auditing procedures. the AUDITOR
agrees to advise the COUNTY in writing of the circumstances and to request an
increase in the total fees be made available before significant additional
costs are incurred. Any request for additional time or addi,tional fees shall
be in writing and shall contain a detai led expl anation of the unforeseen
conditions or irregularities, and why the additional fees are necessary.
Whether a time extension or additional fees are granted to AUDITOR is at the
sole discretion of COUNTY.
4. 9 I LLEGAL ACTS -- The AUD I TOR is awa re that ill ega 1 acts may be
discovered during the audit. However it is recognized that the audit cannot
be re 1 i ed upon to assure the di scovery of ill ega 1 acts, nor is the audi t
primarily or specifically deSigned to disclose defalcations and other illegal
acts, though their discovery may result. The AUDITOR agrees to immediately
di sc lose the di scovery of any and all ill ega 1 acts to the Board of County
Commissioners.
4.10 STANDARD OF CARE -- In the performance of the audit, the AUDITOR
shall be bound by and shall make the examination in accordance with generally
accepted auditing standards.
4.11 EXPRESSION OF OPINION -- The AUDITOR shall express an unqualified
opinion on the financial statements of all funds and other reports as
described in the Request for Proposals for Professional Auditing Services
dated May 21, 2001, or if unable to express an unqual ified opinion, the
AUDITOR should state the reasons for the qualification or disclaimer of
opinion.
ARTICLE V
EXTRA WORK
5.1 EXTRA WORK TO BE SPECIFICALLY REQUESTED BY COUNTY The AUDITOR,
upon receipt of a written request from the COUNTY, shall perform such
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additional auditing services as requested by the COUNTY. This may include a
review of the efficjency and economy _ of operations, systems of internal
control, operating- and -management procedures and effectiveness in achieving
program results.
The purchase of speci a 1 i zed servi ces or extra audi t servi ces shall
require submission of a written proposal by the AUDITOR for agreement and
approva 1 by the COUNTY. Such extra work shall be covered by a separate
contract. The cost of such specialized services shall be computed and billed
in accordance with the provisions of Article VII of this Agreement.
5.2 GASB 34 The Government Accounti ng Standards Board has adopted
Statement No. 34, Basic Financial Statements and Management's Discussion and
Analysis for State and Local Governments. As of August 31, 2001, it has not
been determined whether this pronouncement will apply to the Constitutional
Officers. This information is necessary to develop a reasonable estimate of
fee. Accordingly, AUDITOR will provide such assistance as may be required to
implement GASB 34 and will bill such assistance as extra work at the hourly
rates quoted herein.
ARTICLE VI
WORK PAPERS
6.1 For a period of three (3) years after completion of any work
provi ded for herei n, the AUDITORS shall make the work papers, records and
other evidence and documents relating to such work available for inspection
and copying by the COUNTY and by the auditors retained by the COUNTY who
succeed Kemp & Green, P.A. to the extent necessary to support the balances set
forth in the most recent fi nanci a 1 statements of the COUNTY on whi ch the
AUD ITOR has reported . All pub 1 i c records under Flori da 1 aw shall be made
available to the COUNTY, successor C.P.A. firms, and to the general public.
Any copyi ng done shall be done at the expense of the copyi ng party. Other
requests for access to such documents will be considered by the AUDITOR, but
the AUDITOR has no obligation to grant them.
ARTICLE VII
COMPENSATION
7.1 MAXIMUM FEES FOR FISCAL YEARS ENDED SEPTEMBER 30. 2001 AND
SEPTEMBER 30. 2002 AND 2003 - - AUDITOR has exerci sed its best efforts in
attempting to estimate the time requirements and based upon that estimate has
establ ished a fee for the three (3) years in which this audit shall be
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undertaken. In that the successful bid accepted by the County Commission of
Monroe County was in the sum of FOUR HUNDRED EIGHTY TWO THOUSAND EIGHT HUNDRED
AND NO/100 DOLLARS ($482.800.00) for the next three (3) succeedi ng fi sca 1
years it is agreed that the successful bidding party. Kemp & Green. P .A. .
shall be paid in the following fashion: that in accordance with the hourly
rates hereinafter disclosed in 7.2 of the Agreement such records shall be made
available to and delivered to the COUNTY from time to time and the COUNTY
shall pay to Kemp & Green. P.A. on monthly billing therefrom. It is agreed
that the contemplated amounts to be paid during the three (3) fiscal years.
contingent upon and subject to annual appropriation by the COUNTY. shall be as
follows:
FISCAL YEAR ENDING:
September 30. 2001
September 30. 2002
September 30. 2003
$ 156.200.00
160.900.00
165.700.00
Total for three (3) year period
(bid as accepted)
$ 482.800.00
Fees relative to the optional one year extension of this contract will be
negotiated when the option is exercised.
7.2 HOURLY FEES -. The following schedule of hourly fees shall apply to
extra work done for the term of this contract by the AUDITOR. whether under
this Agreement or for extra work requested by the Board of County
Commissioner:
Partner in charge
Manager
Senior Accountant
Staff Accountant
Clerical
$ 175.00 per hour
$ 100.00 per hour
$ 70.00 per hour
$ 60.00 per hour
$ 40.00 per hour
7.3 BILLING -- Each four weeks the AUDITOR shall submit a billing for
all fees and expenses occurring during the preceding four weeks attributed to
the audit against this contract. These billings shall reflect the percentage
of completed work performed pursuant to the entities and/or Constitutional
Officers listed in Article 4.1.2.
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The statement shall show a summary of fees and expenses with accrual of
the total and credits ,for portions paid previously. Each statement shall show
the proportion of' the "guaranteed maximum payment that has. been expended
through previous billings.
7.4 PAYMENT -- COUNTY agrees to promptly process each monthly statement
received from AUDITOR and it shall remit billings within thirty (30) days of
receipt of AUDITOR's monthly statement.
7.5 RECORD KEEPING -- AUDITOR agrees to keep such records and accounts
as may be necessary in order to record complete and correct entries as to
personnel hours charged and any expenses for whi ch AUDITOR expects to be
reimbursed. Such books and records will be available at all reasonable times
for examination and audit by COUNTY.
7.6 NO ADDITIONAL COMPENSATION FOR EXPENSES -- Except as described in
Article 7.1 or unless incurred at the specific request of the COUNTY. AUDITOR
shall not be reimbursed for any travel, per diem, photocopying, telephone bill
or related expenses.
ARTICLE VIII
GENERAL
8.1 NO ASSIGNMENT BY AUDITOR -- This Agreement, or any interest herein,
shall not be assigned, transferred or otherwise encumbered under any
circumstances by the AUDITOR, except by the explicit direction of the County
Commission of Monroe County, it being understood, however, that the persons
ment i oned in paragraph 7.2, who wi 11 undertake the actual work under thi s
contract are to be excluded from this provision. However. the Agreement shall
run to the COUNTY and to any of its successors.
8.2 AUDITOR SHALL BE FAMILIAR WITH ALL APPLICABLE LAWS -- The AUDITOR
shall familiarize themselves with and comply with the provisions of any and
all Federal, State and County Orders, Statutes, Ordi nances, Charters. Bond
Covenants. Administrative Codes, Rule and Regulations. which may pertain to
the work required under this Agreement. including specifically those which
pertain to "Conflicts of Interest.. and "Employment Discrimination."
8.3 TERMINATION -. This contract can be terminated only for failure to
fulfill any obligation under this Agreement.
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8.4 REPRESENTATIVES OF COUNTY .. The COUNTY and each County Agency
.shall designate a representative throughowhom all communications pertaining to
the day.to-day conduct'" of the audit shall be addressed and shall notify
AUDITOR accordingly. Such individual may. from time to time. designate one or
more of hi s/her staff to perform all or part of the functi ons requi red
thereunder and shall so advise the AUDITOR.
8.5 REPRESENTATIVES OF AUDITOR -. The AUDITOR shall inform the COUNTY
and other County Agencies of the name of the representative of the AUDITOR to
whom matters involving the conduct of the audit shall be addressed.
8.6 INCORPORATION OF ALL PRIOR AGREEMENTS -. This doc~ment incorporates
and includes all prior negotiations. correspondence. conversations.
agreements, or understandings applicable to the matters contained herein and
the parties agree that there are not commitments, agreements, or
understandi ngs concerni ng the subject matter of thi s Agreement that are not
contained in this document. All of the conditions, requirements, and
provisions of that certain Request for Proposals for Professional Auditing
Services dated May 21, 2001 are incorporated into this contract by reference.
Accordi ngl y, it is agreed that no devi ati on from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or
written.
It is further agreed that no modification, amendment or alteration in
the terms and conditions contained herein shall be effective unless contained
in a wri tten document executed wi th the same formal i ty and of equal di gni ty
herewith.
8.7 REPORT COPIES -. The staff of the COUNTY shall be responsible for
the pub 1 i shi ng and submi ssi on of the Comprehensi ve Annual Fi nanci a 1 Report.
The AUDITOR shall provide separately bound individual reports as follows:
Chairman, Board of County Commissioners
Auditor General
Clerk of the Circuit Court
Tax Collector
Property Appraiser
Sheriff
Supervisor of Elections
Municipal Service District
Number of
Copies
15
4
5
1
1
1
1
10
10
Tourist Development Funds
Comprehensive Plan land Authority ~
10
10
8.8 EXECUTION -- This document shall be executed in ten (10)
counterparts, each of which shall be deemed an original.
IN WITNESS WHEREOF, the part i es hereto have made and executed thi s
Agreement on the respective dates under each signature: MONROE COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman,
authorized to execute same by Board action on the day of 2001 and
KEMP & GREEN, P.A., Certified Public Accountants.
COUNTY
MONROE COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Mayor/Chairman
(Seal)
DANNY l. KOlHAGE, Clerk
Attest:
Clerk
day of 2001
AUDITOR
WITNESSES:
KEMP & GREEN, P. A.
Certified Public Accountants
By
day of 2001
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