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Independent Financial AuditCITY OF KALISPELL REQUEST FOR PROPOSALS The City of Kalispell, Montana is requesting proposals for the annual independent audit of the City's financial records. Proposals will be accepted until 5:00 PM local time on March 15, 2013. One (1) original plus three (3) copies must be submitted, addressed to the Kalispell City Clerk, Kalispell City Hall, 201 First Avenue East or PO Box 1997, Kalispell, Montana, 59903 1 Irb and clearly identified as "Proposai for Independent Financial Audit". Proposals received after 5:00 pm on March 15, 2013 will not be considered. Faxed materials will not be considered. A detailed description of the required services and qualifications may be obtained at the office of the Kalispell City Clerk, Kalispell City Hall 201 First Avenue East, or on the City of Kalispell's website at http:ZLw�ww.kalis-p ell. comZclerkZprol ects open.ph . By: Theresa White City Clerk Publications Dates: February 10, 2013 February 17, 2013 CITY OF KALISPELL REQUEST FOR PROPOSALS (RFPs) FOR ANNUAL INDEPENDENT FINANCIAL AUDIT WIN 011 1.1 Pursuant to the authority granted to it under MCA Title 7, Chapter 5, Part 43, the City of Kalispell is soliciting proposals for the annual independent audit of the City's financial records. 1.2 The proposal must be sealed and titled "Proposal of Independent Financial Audit" and must be received by the City Clerk at 201 First Avenue East, Kalispell, Montana, no later than 5: 00 PM local time on March 15, 2013. 1.3 General questions pertaining to the Request for Proposal should be directed to the City Clerk at (406) 758-7756 or ciLyclerk@kallsl)ell.com. 1.4 One (1) original plus three (3) copies of sealed proposals are required, not to be opened until after the final submission date and hour noted above. 1.5 To be eligible to qualify as external auditor, the following minimum requirements must be met: a. The firm of certified public accountants must be of widely recognized ability and standing, and licensed to practice in Montana. b. The CPA firm must be a member of the American Institute of Certified Public Accountants and must adhere to the AICPA professional standards of audit practices and conduct. C. The firm must have audited similar governmental units and must have the capability of assisting the City in retaining its Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers' Association. d. The audit examination shall result in financial statements prepared in conformity with generally accepted accounting principles for local governments. The resulting financial statements will conform to all applicable GASB Statements, including GASB Statement #34. e. The firm must include a statement of the all-inclusive fee for which the work will be done for fiscal years 2013, 2014, and 2015 (separate costs for each year). A statement of the estimated total number of hours required for each year for audit staff is also required. f. The CPA firm must demonstrate that it satisfies the Government Auditing Standards educational requirements issued by the GAO. g. The auditor must demonstrate compliance with the CPE requirements for auditing and governmental accounting. 1.6 The Auditor Selection Committee will schedule oral presentations by selected firms if deemed necessary. Audit RFP - Page 1 1.7 The auditor's report will be submitted to the City by the third Monday in December, after the close of the audited fiscal year. The audit work can commence by the successful audit firm at any time after the contract is awarded. 1.8 The audit contract will be between the audit firm, the City, and the Department of Commerce. A copy of the latest standard audit contract is attached. (See ATTACHMENT 1) Auditors should be fully aware of any changes contemplated by the Commerce Department. Auditors must also comply with the terms of this RFP. 1.9 The City of Kalispell reserves the right to reject any or all Proposals, to waive any informality or irregularity in any Proposal received, and to be the sole judge of the merits of the respective Proposals received. 2.1 Periods to be Audited: July 1, 2012 through June 30, 2013 - Fiscal Year 2013 July 1, 2013 through June 30, 2014 - Fiscal Year 2014 July 1, 2014 through June 30, 2015 - Fiscal Year 2015 The City reserves the right to negotiate with the successful proposer for two subsequent fiscal years to be audited. 2.2 Standards and Guidelines - The audit shall be conducted in accordance with: a. Generally Accepted Auditing Standards (GARS). b. Government Auditing Standards issued by the Comptroller General of the US 2003 Revision (GAO Standards). C. AICPA Audit &Accounting Guide -Audits of State and Local Governmental Units (ASLGU). 2.3 Audit Review - The audit should not be limited to a specific review of the financial transactions and statements of the City. It should include an overall review of the City's financial and accounting systems and procedures. 2.4 Specified "Deliverable" - The "deliverables" required for this audit shall be provided within the time frame specified in Section 1.7. They are listed below. a. All certifications and audit reports required by the Federal government for Federal monies the City has received. b. All certifications and audit reports required by the State for compliance with State Law regarding the financial reporting of municipalities; including the report on compliance with building inspection codes as prescribed by Montana statute. 2.5 The auditors shall familiarize themselves with and comply with the provisions of any and all Federal, State and City orders, statutes, ordinances, bond covenants, and administrative rules and Audit RFP - Page 2 regulations which may pertain to the work required in the engagement. 2.6 Audit Conferences: a. The CPA firm will have an entrance conference with the Finance Director. b. The CPA firm will meet with the Finance Director & City Manager for the purpose of reviewing its audit findings and recommendations prior to the issuance of management letters, certifications, or reports C. The CPA firm will present the final reports to the Finance Director, City Manager, and if requested, the City Council. 2.7 The CPA firm shall develop a time schedule and procedures to be observed during the audit and prior to the beginning of each audit. The schedule and procedures will be developed in conjunction with the City and shall be subject to approval by the City. The schedule will be approved prior to the audit work commencing. The City's goal is to complete a preliminary close of its accounting system by the 1 st week of October. Other than interim audit work and confirmations, the auditors should not expect to perform general field work prior to this date. 2.8 The audit will meet the requirements of the Single Audit Act of 1984 (31 U.S.C. 7501- 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104-156) and the Federal Office of Management and Budget's (OMB) Circular A-133, when applicable. 3.1. The City will provide: a. Draft Financial Statements. b. Such City-wide schedules as necessary. C. Bank reconciliations, vouchers in support of accounts payable, such checks, etc. as needed to examination. d. Access to all files and records of the City departments. e. A City staff member to assist in the audit. 3.2 The City will prepare the entire CAFR, including preparation of the government -wide and fund level statements, the combining and combined financial statements, notes to the financial statements, and schedule of Federal Financial Assistance. 3.3 City staff will not prepare auditor work papers or data entry. - r: 4.1 The auditors will: a. Submit a draft copy of the financial statements to the City at least 2 weeks prior to the final report date to enable City officials to review the financial statements for possible changes. Audit RFP - Page 3 b. In addition to the auditors' normal internal control review procedures, the auditors will perform an in-depth review of the City's internal control procedures and internal audits of one area each year as selected by the City. C. Provide the City with two (2) written copies of the final audit reports and a CD. This does not include copies that the auditors must submit to the state. 4.2 If there is a substantial change in the firm's audit staff (i.e. audit manager, managing audit partner, etc.) prior to or during the audit, the City reserves the right to void the contract. Estimate the total hours and the resulting all-inclusive maximum fee for the requested work, separately stated for fiscal years 2013, 2014, and 2015. An appendix stating the hourly rates to be charged for each staff classification is required. The auditor will not be reimbursed for any travel, per diem, photo copying, telephone bills, or other related expenses of the audit unless incurred at the specific request of the City. The Proposal will be selected through the following selection process. Firms interested in providing the above described scope of services to the City of Kalispell must submit a Proposal that addresses the following evaluation criteria. Applicants are encouraged to organize their submissions in such a way as to follow the general evaluation criteria listed below. Information included within the RFP may be used to evaluate your firm as part of any criteria regardless of where that information is found within the RFP. Information obtained from the RFP and from any other relevant source may be used in the evaluation and selection process. 6.1 Cover Letter (1-page) containing at a minimum: company name, contact name, address, telephone number, and email address. 6.2 Qualifications Criteria: 6.2.1 General Information a. Description of company. b. Legal company organization; organization chart with names. 6.2.2 Relevant Company Experience a. Applicant's overall reputation, service capabilities, and quality as it relates to this Proposal. b. Referrals and references from other municipalities or local governments. C. List and describe any litigation; arbitration; claims filed by your firm against any other jurisdiction as a result of a contract dispute; any contract or negligence claims filed against your company; premature termination from a services agreement. d. Applicant's capacity and intent to proceed without delay if selected. Audit RFP - Page 4 6.2.3 Company Qualifications The auditors must demonstrate compliance with the continuing professional education requirements and the external quality control review requirements as set out in Government Auditing Standards as established by the Comptroller General of the United States. a. State whether the firm is local, regional, or national. b. Give the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors, and other professional staff employed at that office. C. Describe the range of activities performed by the local office such as audit and accounting, tax, and/or management advisory services. d. Briefly describe certifications and licensure held by the company in the state of Montana. e. Identify the partners, managers and supervisors who will work on the audit. Resumes for each supervisory person to be assigned to the audit should be included. The resumes may be included as an appendix. f. Describe local office auditing experience similar to the type of audit requested and give the names and telephone numbers of client officials who can be contacted as references. 6.2.4 Contract Understanding and Approach a. Describe your understanding of the scope of work and the particular expertise your company has in this area of work. b. Identify and discuss any potential difficult issues your company may face in providing services within Flathead County. C. Identify and discuss methods to mitigate these difficulties. 6.2.5 Approach to Contract Management a. Describe your company's approach in initiating and establishing the service that meet the needs and requirements of the City. b. Describe systems used for planning, scheduling, estimating and managing manpower requirements. C. Describe the firm's experience in maintaining training and certifications of personnel. 6.2.6 Proposal for Audit a. Provide a work schedule with beginning and ending times that meet the scope criteria. b. Provide a full schedule of proposed work methods that meet the scope criteria. C. Provide a full schedule of costs for each component of the work scope. Audit RFP - Page 5 6.2.7 Other Factors a. Current contracts and ability to proceed promptly. b. Willingness to abide by the City's needs and requirements with few or no objections or changes. C. Relevant factors impacting the quality and value of service. Proposals will be evaluated using a predetermined method to ascertain which proposer best meets the needs of the City. In some circumstances, proposals may be so similar in quality that oral interviews may have to be arranged to assist in making the final selection. Evaluation considerations will include the following. 7.1 Qualifications of the Firm: a. Relevant auditing experience (governmental), including experience in the implementation of GASB Statement #34. b. Reputation of firm (based on references). C. Qualifications of personnel to be assigned (experience, training, communicative skills.) 7.2. Technical Approach: a. Ability to meet or exceed performance expectations. b. Ability to communicate audit plans in an organized, clear, and convincing manner. 7.3 Fees: a. Estimated cost as compared with other bids. 7.4 A three -member Auditor Selection Committee will evaluate each Proposal according to the above criteria and may select up to three finalists that will be Short Listed for the contract. If interviews are determined to be desirable, the Short List firms will meet with the Auditor Selection Committee for interviews. The purpose of the interview will be to expand on the information provided in the Proposal, not to repeat information already provided. Those firms selected for the Short List will be provided additional instruction by the City. Those firms not selected for further consideration will be notified. 7.5 The award to the audit firm will also conform to the Administrative Rules of Montana, Section 2.4.407. 7.6 Following the interviews, the Auditor Selection Committee will rank each Short List firm. Consideration will - be given to both the written Proposals and any oral presentations or interviews. No other factors or criteria will be used in the qualification ranking. Audit RFP - Page 6 7.7 The highest ranked firm will be recommended to the City Manager and City Council for contract award. 7.8 Requests for debriefings or selection decisions shall be made in writing to the City. All information submitted by firms and related Auditor Selection Committee evaluations and rankings shall be considered confidential until after contract execution and award by the City Council. 7.9 The City will enter a contract upon selection of the firm for the project to be submitted to the City Council for approval. If the selected firm determines not to enter into a contract with the City, the City may then contact the second or third highest ranked team until a contract is executed, or may decide to terminate the selection process. Audit RFP - Page 7 THIS CONTRACT is made this 1110191111'!111 i;v No I ON jq� 1,11 1 "Uy I 101 M 11 day of Certified or Licensed Public Accountant ("Contractor"), Governmental Entity ("Entity"), 9 by and between and the Montana Department of Administration, Local Government Services Bureau, ("State"), PO Box 200547, Helena, MT 59620-054 acting under the authority of Title 2, Chapter 7, Part 5, of the Montana Code Annotated. 1. State Approval: This contract is not effective with respect to any party until it is approved and signed by the State, as required by Section 2-7-506(3), MCA. The Contractor may not begin any audit work until the State gives this approval. If the Contractor begins work before the State has approved and signed the contract and the State subsequently does not approve and sign the contract, the Contractor is not entitled to receive any compensation for the work performed. 2. Audit Period and Payment: This contract covers the following audit period(s): 920 to 9 20. A. The Entity shall pay the Contractor for the audit work on the basis of time and necessary out-of-pocket expenses, which will not exceed: for initial (or sole) audit covering for subsequent audit covering for subsequent audit covering to to to The Entity shall pay the fees listed in Appendices A, B & C, as applicable, which are attached hereto and incorporated by reference. B If the cost of any subsequent audit is not agreed upon at the time this contract is executed, the Contractor and the Entity shall negotiate the cost at a later date. The results of this negotiation will be set forth in the Appendices and made a part of this contract. The Contractor shall provide the State and the Entity with a copy of the appropriate Appendices. C. The contract payments do not include the cost of additional work that may be required if the Contractor discovers a defalcation or material irregularity. Any change in the scope of the audit services to be provided under this contract requires a contract amendment. FORM/SAC01 Page 1 of 12 10/11 2. continued: D. The Contractor may submit interim bills to the Entity each month, based upon the estimated percentage of contract completion. The Entity may retain 10 percent of each of these estimates until the Contractor has delivered the final audit report, at which time the Entity shall release the amount retained. 3. Audit Scope: The Contractor shall conduct a financial statement audit of the Entity as follows: A. The Contractor shall conduct the audit in accordance with (i) generally accepted auditing standards adopted by the American Institute of Certified Public Accountants and (ii) the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. The objective of the audit is the expression of the Contractor's opinion on the Entity's financial statements. The Contractor shall obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Accordingly, a material misstatement may remain undetected. Also, the audit is not designed to detect error or fraud that is immaterial to the financial statements. If the Contractor's opinion on the Entity's financial statements is other than unqualified, the Contractor shall fully discuss the reasons with the Entity in advance of issuing a report. If, for any reason, the Contractor is unable to complete the audit or is unable to form or has not formed an opinion, the Contractor may decline to express an opinion or decline to issue a report as a result of the engagement. B . The Contractor shall include tests of internal control over financial reporting, but the audit is not designed to provide an opinion on internal control or to identify significant deficiencies. The Contractor, however, shall make the Entity aware, in writing, of any significant deficiencies that come to the Contractor's attention. C. The Contractor shall include the following tests of compliance and other matters as required by Government Auditing Standards. These tests, however, will not be designed to provide an opinion on such compliance. The Contractor shall determine whether: (1) the Entity has complied with all appropriate statutes and regulations, as required by Section 2-7- 502, MCA; (2) the Entity has complied with the provisions of each of its revenue bond ordinances and indenture agreements; (3) if the audit is of a county, city or town, money is or has been retained in a local charge for services fund contrary to the requirements of Sections 17-2-301 through 17-2-303, MCA, as required by Section 17-2-302, MCA. The Contractor shall report any findings of noncompliance with the provisions of these statutes, regardless of materiality; and (4) if the audit is of a county or consolidated city/county government, the Entity has complied with state laws relating to receipts and disbursements of agency funds maintained by the Entity, as required by Section 2-7-505, MCA. D. When applicable, the audit must meet all requirements of the Federal Single Audit Act of 1984, as amended by the Single Audit Act Amendments of 1996 and OMB Circular A-133. E. The audit scope with regard to federal financial assistance for each fiscal year covered by this audit contract must be as specified in Appendices A, B and C. FORM/SACO1 Page 2 of 12 10/11 3. continued: F. Except as provided below, for purposes of determining the scope of the audit, the Entity is considered the financial reporting entity as defined by the Governmental Accounting Standards Board. This provision does not preclude the Entity from engaging a different audit firm for the audit of a segment, fund or component unit of the Entity. However, both the Entity and Contractor shall notify the State whenever the Entity elects to engage a different audit firm for the audit of a segment, fund or governmental component unit. Such additional audit must be contracted for on the State's Standard Audit Contract, and the audit firm shall be on the Roster of Independent Auditors authorized to conduct audits of Montana local governments that is maintained by the State. If this contract is for an audit of a segment, fund, or governmental component unit of the primary government, the Entity is considered to be the segment, fund or component unit. G. Any school district audit must also include auditing procedures sufficient to provide an opinion as to whether the following supplemental information is fairly stated in relation to the basic financial statements: (1) the school district's enrollment for the fiscal year or years being audited as reported to the Office of Public Instruction in the Fall and Spring enrollment reports; and (2) when applicable, the extracurricular funds for pupil functions. H. If the Entity is a school district or associated cooperative, the Contractor shall contact the State Office of Public Instruction and the county superintendent of schools before or during the audit of the Entity. The Contractor shall determine whether those offices are aware of potential financial or legal compliance problems relating to the Entity that could affect the scope of the audit. I. The Contractor shall immediately notify the Entity and the State in writing of any material irregularities it discovers. If the Entity is a school district or special education cooperative, the Contractor shall also immediately notify the State Office of Public Instruction in writing. J. The Contractor shall provide the Entity with a copy of its most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the contract period. K. The Contractor shall notify the Entity of all proposed audit adjustments and, if the Entity concurs, shall obtain written acceptance of these proposed adjustments. The State reserves the right to request documentation of these proposed and accepted audit adjustments. 4. Entity's Responsibilities: The Entity shall be responsible for: A. its basic financial statements, including note disclosures; B . all supplementary information required by GASB and by provisions of this contract; C. establishing and maintaining effective internal control over financial reporting, including internal controls related to the prevention and detection of fraud; D. ensuring that it complies with the laws and regulations applicable to its activities; FORM/SAC01 Page 3 of 12 10/11 4 . continued: E. making all financial records and related information available to the Contractor; F. the schedule of expenditures of federal awards required for audits conducted under OMB Circular A- 133; G. approving all proposed audit adjustments before posting, if the Entity concurs with the proposed adjustments; H. adjusting the financial statements and accounting records to correct material misstatements and to agree with the audited financial statements; and I. providing the Contractor, at the conclusion of the audit engagement, with a letter that confirms certain representations made during the audit, including an affirmation that the effects of any uncorrected misstatements aggregated by the auditor 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. 5. Dates for Annual Financial Report or Trial Balance of Accounts: The Entity shall prepare its annual financial report or a trial balance of accounts no later than the dates specified in Appendices A, B and C. If the Entity is unable to prepare its annual financial report or trial balance by the date specified in the Appendices, the Entity shall notify the Contractor and the State in writing prior to the specified dates. 6. Beginning the Audit: The Contractor shall begin the audit field work based on the schedule established in Appendices A, B and C. Under Section 2-7-503(3)(a), MCA, all audits must commence within nine months from the close of the last fiscal year of the audit period. 7. Completion of Audit: The Contractor shall deliver the audit report to the Entity and the State, based on the schedule established in Appendices A, B and C. If the Contractor cannot deliver the audit report to the Entity and the State on the date specified in the Appendices, the Contractor shall notify the Entity and the State in writing of that fact, and the reason(s) therefore. Under Section 2-7-503(3)(a), MCA, all audits must be completed and the reports issued within one year from the close of the last fiscal year covered by the audit. If the audit is conducted in accordance with the provisions of OMB Circular A-133, the Contractor shall also complete the audit and issue the audit report within the time period required by that Circular, unless a longer period has been agreed to in advance by the federal cognizant or oversight agency for audit. If the Entity has requested and received an extension of the A-133 due date from a federal agency, the Entity shall submit a copy of the approved extension to the State. 8. Audit Presentation: The final audit report must contain basic financial statements and required supplementary information consistent with financial reporting standards in effect for the year or years being audited, as established by the Governmental Accounting Standards Board. In addition, other supplementary information required by provisions within this contract and by OMB Circular A-133 must also be included, if applicable. A. The final audit report must also contain any other financial statements and supporting schedules and information as agreed upon by the Entity and Contractor. B . The financial statements presented must be in accordance with the financial reporting standards in effect for the year or years being audited, as described above. If the accounting records or other circumstances do not permit financial statements to comply with these requirements, the Contractor shall notify the FORM/SACO1 Page 4 of 12 10/11 8. continued: State of those conditions and describe the financial statements that will be presented. The applicable auditor's reports must also be modified as required to reflect a departure from generally accepted accounting principles. C. If the audit is of a school district with separate elementary and high school district general funds, the general funds must be combined as a single major fund. All other funds must be separately considered for major fund criteria. D. If the audit is a biennial audit covering two years, the Contractor shall present complete financial statements as specified above for each year covered by the audit. However, note disclosures for both fiscal years may be in one set of notes, with separate fiscal year disclosures as necessary. The two years must be presented under one audit report cover and opined upon in one Independent Auditor's Report. 9. Auditor's Deports: All audit reports must contain the following auditor's reports, which must comply with applicable professional standards in effect for the fiscal year or years being audited: A. an independent auditor's report on the financial statements of the Entity; B. a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. If applicable, this report must include information about fraud, illegal acts, significant violations of provisions of contracts or grant agreements, and significant abuse, or indications of these acts. C. a report disclosing any lack of compliance with State statutes, rules, regulations, or ordinances that would not have a material effect on the financial statements, but of which the Contractor becomes aware during the course of the audit. This report must be referred to in the report required in 9.B . above. This report may be combined with other reports if appropriate, or the findings may be included in a management letter. If included in a management letter, that letter must be included as a part of, or accompanying, the audit report. D. a report on any supplemental schedules or information presented, if any such schedules or information are presented in the audit report. This report may be given in a supplemental information paragraph of the auditor's report on the financial statements (9.A. above), or in a separate report. For the following supplemental information, the Contractor shall report on whether the information is fairly stated, in all material respects, "in relation to" the financial statements as a whole, unless the condition of the financial records do not allow the auditor to render such an opinion: • Supplemental schedule of school district enrollment required in paragraph 1 LA; • Supplemental schedule of school district extracurricular fund financial activities required in paragraph 11 B ; and • Supplemental schedule of expenditures of federal awards required by OMB circular A-133 and in paragraph 10.A. E. a report disclosing the action taken by the Entity to correct any deficiencies or implement any recommendations contained in the prior audit report. This report must be in a format that specifically identifies, by title or summary, each deficiency or recommendation contained in the prior audit report and the action taken by the Entity on each such deficiency or recommendation. F. If the Contractor includes audit findings in the reports referenced in 9.B. and 9.C. above or in a FORM/SAC01 Page 5 of 12 10/11 9. continued: management letter, the views of Entity officials and their planned corrective actions must also be included, as required by Government Auditing Standards, if they are available at the time the Contractor files copies of the audit report with the State. If the views and planned corrective actions are not available at that time, the Contractor shall so indicate in the reports. 10. Single Audits: All audit reports for single audits done in accordance with OMB Circular A-133 must also contain the following: A. a schedule of expenditures of federal awards. As required by OMB Circular A-133, the schedule must: (i) list individual federal programs by federal agency. For federal programs included in a cluster of programs, list individual federal programs within a cluster of programs; (ii) for federal awards received as a subrecipient, include the name of the pass -through entity and identifying number assigned by the pass -through entity; (iii) provide total federal awards expended for each individual federal program and the CFDA number or other identifying number when the CFDA information is not available; (iv) include notes that describe the significant accounting policies used in preparing the schedule; (v) to the extent practical, for pass -through entities identification in the schedule of the total amount provided to subrecipients from each federal program; and (vi) in either the schedule or a note to the schedule, the value of the federal awards expended in the form of non -cash assistance, the amount of insurance in effect during the year, and loans or loan guarantees outstanding at year end. While not required, it is preferable to present this information in the schedule. B . a report on the schedule of expenditures of federal awards. This report may be combined with other reports as provided by OMB Circular A-133 and professional standards. This report must comply with applicable professional standards in effect for the fiscal year or years being audited. C. a report on compliance with requirements that could have a direct and material effect on each major program and on internal control over compliance in accordance with OMB Circular A-13 3. This report must refer to the separate schedule of findings and questioned costs described in paragraph 10.1). of the contract. This report must comply with applicable professional standards in effect for the fiscal year or years being audited. D. a schedule of findings and questioned costs which must include the information required by OMB Circular A-13 3. E. the corrective action plan required by OMB Circular A-133, if that plan is available at the time the Contractor files copies of the audit report with the State. This corrective action plan may be combined with the Entity's planned corrective actions related to findings reported in accordance with Government Auditing Standards, as provided in paragraph 9.F., above. 11. School Districts: School district audit reports must also include the following as supplemental FORM/SAC01 Page 6 of 12 10/11 11. continued: information/schedules: A. a schedule of the district's enrollment as reported to the Office of Public Instruction for the fiscal year or years being audited. The schedule must contain the enrollment both as reported in the Fall and Spring enrollment reports and as documented by the school district's enrollment records; and B. a detailed schedule of extracurricular fund financial activities. 12. Written Report to Entity: The Contractor shall render a single, written report for the Entity audited. The report must include, or be accompanied by, all written reports and letters discussing findings and recommendations from the Contractor to the Entity, including but not limited to the reports and schedules referred to in paragraphs 9 and 10 above as well as an management letters that include findings and recommendations. 13. Exit Interview: Before submitting the final audit report, the Contractor shall hold an exit review conference in which the audit results are discussed with those charged with governance and appropriate Entity officials and employees. The Contractor shall ensure that all members of the governing body and key members of management are notified of this exit conference. The Contractor further agrees that before submitting the final report, it will not discuss the audit findings with anyone other than the Entity or the State. However, once the Contractor delivers the final audit report, the report is deemed to be a public record. 14. Report Distribution: The Contractor and Entity shall file copies of the audit report as specified below: A. The Contractor shall provide the Entity with the number of copies of the audit report specified in Appendices A, B and C and the cost of those copies is included in the total price for the engagement as set out in paragraph 2.A., above, and in the Appendices. The Contractor shall submit one of these copies to the attorney for the Entity. B Upon request by the Entity, the Contractor shall provide additional copies of the audit report at a price per copy agreed upon by the Entity and Contractor. C. The Contractor shall provide the State with four copies of each audit report at no charge. These copies must be sent to the State at the same time the Contractor delivers the final audit report to the Entity and must include any management letters that include findings and recommendations. A letter of transmittal must accompany the State's copies, advising the State of the date of the exit conference, the date the final report was delivered to the Entity, the date of the audit report, the actual number of hours spent by the Contractor in the conduct of the audit, the total audit fees billed the Entity, whether the audit was conducted in accordance with the provisions of OMB Circular A- 13 3, and whether there were any findings or opinion qualifications in the audit report, and, if so, whether the entity's corrective action plan or response was included as part of or submitted with the audit report. D. If the Entity is a school district or associated cooperative, the Contractor shall provide copies of the audit report to the Office of Public Instruction, the county superintendent of schools, and the county attorney. E. If the Entity is a city or town fire department relief association disability and pension fund, the Contractor shall provide one copy of the audit report to the city or town clerk. F. If the audit is a single audit conducted in accordance with the provisions of OMB Circular A-133, the FORM/SAC01 Page 7 of 12 10/11 14. continued: Entity shall provide copies of the reporting package defined in OMB Circular A- 13 3 and the data collection form to the federal clearinghouse designated by OMB. In addition, the Entity shall provide either a copy of the reporting package, or the alternative written notification as described by OMB Circular A- 133 to all federal, state and other granting and pass -through agencies as required by Circular A-133. 15. Entity Response: If not included in the audit report as provided in paragraphs 9.F. and 10.E., within 30 days after receiving the audit report, the Entity shall notify the State in writing as to what action it plans to take to correct any deficiencies or implement any recommendations identified or contained in the audit report, as required by Section 2-7-515, MCA, and ARM 2.4.409. This notification must also address any findings and recommendations contained in management letters, which are considered a part of the audit report as prescribed in paragraph 12. If the audit is a single audit conducted in accordance with OMB Circular A- 13 3 , this corrective action plan must also meet the requirements of Circular A- 13 3 and contain all information required by that Circular. 16. Entity's Attorney: If requested by the State, the attorney for the Entity shall report to the State on the actions taken or the proceedings instituted or to be instituted relating to violations of law and nonperformance of duty as required by Section 2-7-515(4), MCA. The attorney shall report to the State within 30 days after receiving the request. 17. Certification of Auditor Independence: The Contractor certifies that, as required by generally accepted government auditing standards, it and its principals and employees are independent in all matters with respect to this engagement. This contract shall not include non -audit services, and the Contractor shall neither arrange for nor accept non -auditing work with the Entity which could in any way impair the Contractor's independence in violation of professional standards. If required by the State, the Contractor shall document that independence has been maintained in both fact and appearance as required by professional auditing standards. 18. Prime Contractor: The Contractor is the prime contractor and is responsible, in total, for all work of any subcontractors. The Contractor shall obtain the written approval of the Entity and the State before engaging correspondent Contractors, consultants, or subcontractors to provide services in connection with this audit. Any Contractors subcontracted to perform audit work must be on the Roster of Independent Auditors authorized to conduct audits of Montana local governments that is maintained by the Local Government Services Bureau. The Contractor is responsible to the Entity and the State for the acts and omissions of all correspondent Contractors, consultants, subcontractors, or agents and of persons directly or indirectly employed by such correspondent Contractors, consultants, subcontractors or agents, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this contract creates any contractual relationship between any correspondent Contractor, consultant, or subcontractor and the State. 19. Entrance and Exit Conferences: The State may participate in all entrance and exit conferences between the Entity and Contractor, as well as all major conferences dealing with audit exceptions and recommendations regarding accounting or operating procedures, management policies, or internal control changes. 20. Access to Records: The Contractor shall give the State and, when required by law, the Montana Legislative Audit Division, access to the Contractor's audit programs, supporting working papers, time records, and all other documents relating to the audit. Access to these documents must be provided at the State's offices in Helena, Montana. Access to working papers includes the right of the State to obtain copies of working papers, as is reasonable and necessary. The Contractor shall make the audit programs and supporting working papers FORM/SAC01 Page 8 of 12 10/11 20. continued: available to the State for use by the State or other public accounting firms as directed by the State in future audits of the Entity. The Contractor shall make the audit programs and supporting working papers available to the cognizant or oversight agency for audit or its designee, federal agencies providing direct or indirect funding, or the U.S. General Accounting Office, if requested. Access to working papers includes the right of federal agencies to obtain copies of working papers, as is reasonable and necessary. The Contractor shall retain the audit report, audit programs, and audit working papers for a minimum of five years from the date of the audit report, unless the State notifies the Contractor to extend the retention period. If professional standards or other applicable laws, rules, or regulations require a longer retention period, the Contractor shall retain the above materials for that specified period. 21. State Review: As provided by Section 2-7-522, MCA, the State may review the audit report submitted by the Contractor. If the State determines that reporting requirements have not been met, it will notify the Entity and the Contractor of the significant issues of noncompliance. The Contractor shall correct the identified deficiencies within 60 days of notification. 22. Independent Contractor: The Entity and the State recognize that the Contractor is an independent contractor and neither its principals nor its employees are employees of the State or Entity for purposes of tax, retirement system, or social security (FICA) withholding. 23. Workers' Compensation: The Contractor certifies that it carries Workers' Compensation for its employees and that it has either elected Workers' Compensation or has an approved Independent Contractor's Exemption covering the Contractor while performing work under this contract. (Montana Code Annotated, Title 39, Chapter 71) Neither the Contractor nor its employees are State employees for the purposes of this paragraph. 24. Indemnification: The Contractor agrees to protect, defend, and save the State and Entity, their elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Contractor's employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omission of the Contractor and/or its agents, employees, representatives, assigns, and subcontractors, except the sole negligence of the State or Entity, under this agreement. If the Contractor is or may be obligated to pay any cost, settlement, judgment, fine, penalty, or similar award or sanction as a result of a claim, investigation, or other proceeding instituted by any third party, then to the extent that such obligation is or may be a direct or indirect result of the Entity' s intentional or knowing misrepresentation or provision to the Contractor of inaccurate or incomplete information in connection with this engagement, and not any failure on the Contractor's part to comply with professional standards, the Entity shall indemnify, defend, and hold harmless the Contractor against such obligations. 25. Insurance: Contractor shall maintain for the duration of the contract, at its cost and expense, occurrence coverage insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, and/or its agents, employees, representatives, assigns, or subcontractors. The Contractor's insurance coverage shall be primary insurance for the Contractor's negligence as respects the State and Entity and their elected officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the State and Entity, their officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it The Contractor shall purchase and maintain occurrence coverage to cover such claims as may be caused by any FORM/SACO1 Page 9 of 12 10/11 25. continued: act, omission, negligence of the Contractor or its officers, agents, representatives, assigns or subcontractors. Note: If occurrence coverage is unavailable or cost -prohibitive, the state will accept `claims made' coverage provided the following conditions are met: 1) the commencement date of the contract must not fall outside the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years, and 2) the claims made policy must have a three-year tail for claims that are made (filed) after the cancellation or expiration date of the policy. The State and Entity reserve the right to require complete copies of insurance policies at all times. 26. Compliance with Laws: The Contractor shall, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Contractor subjects subcontractors to the same provisions. In accordance with Section 49-3-207, MCA, the Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Contract. 27. Work Accommodations: The Entity shall provide the Contractor with reasonable space in which to conduct the audit and respond promptly to requests for information as well as for all necessary books and records. Support for clerical, equipment, and photocopying or reproduction services shall be agreed upon by the Entity and the Contractor as specified in Appendices A, B and C. 28. Termination before Audit Has Commenced: Before the commencement of the audit, either the Contractor or the Entity, with the State's consent, or the State, may cancel this contract by providing 20 days' written notice to the other parties. The contract may be canceled under this paragraph for cause. Cause includes, but is not limited to, failure of any party to comply with the terms of this contract or with any Administrative Rule adopted by the State under the authority of Title 2, Chapter 7, Part 5, of the Montana Code Annotated. In addition, if both the Contractor and the Entity mutually agree to cancel this contract before the commencement of the audit, for convenience, the State shall consent to cancellation of the contract upon written notification by the Contractor and the Entity of their agreement to cancel this contract. The State, however, will not consent to the cancellation of an audit contract for the sole purpose of allowing the Contractor and Entity to then enter into a new contract that extends the number of fiscal years to be audited by the Contractor. Unless there are extenuating circumstances, the existing audit contract must be completed first. This provision does not prohibit the cancellation of a contract for the purpose of replacing an annual audit with a biennial audit. 29. Termination after the Audit Has Commenced: After the audit has commenced, but before the audit report has been issued, either the Contractor or the Entity, with the State's consent, or the State, may cancel this contract for failure of any party to comply with the terms of this contract or with any Administrative Rule adopted by the State under the authority of Title 2, Chapter 7, Part 5, MCA, or for other cause. This right of cancellation may be exercised by providing the breaching party written notice of the default and, if applicable, provide 20 days from the date of the notice to cure the default. If the Contractor is the breaching party and fails to remedy the breach, then the Contractor is not entitled to the audit fee set out in this contract. If the Entity is the breaching party, the Entity shall pay the Contractor a pro rata portion of the audit fee set out in this contract, based on the percentage of work completed at the time of cancellation. In addition, if both the FORM/SACO1 Page 10 of 12 10/11 29. continued: Contractor and the Entity mutually agree to cancel this contract for convenience; the State shall consent to cancellation of the contract upon written notification by the Contractor and the Entity of their agreement to cancel this contract. 30. ProfessionalRequirements: By signing this contract, the Contractor certifies that it is in compliance with the continuing professional education requirements and the external quality control review requirements as set out in Government Auditing Standards, as established by the Comptroller General of the United States. The State may require the Contractor to provide evidence that it has met the above requirements. 31. Single Audit Act Certification: If the audit is required to meet the requirements of the Single Audit Act of 1984 as amended by the Single Audit Act Amendments of 1996 and OMB Circular A-133, the Contractor certifies that neither it nor any of its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from performing audits by any Federal department or agency. 32. Governing Law and venue: This Contract is governed by the laws of Montana. The parties agree that any litigation concerning this Contract in which the State is named as a party must be brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees. The parties also agree that any litigation concerning this Contract in which the State is not named as a party must be brought in the Judicial District in and for the County in which the Entity is located, and each party shall pay its own costs and attorney fees. 33. Notice: All notices under this contract must be in writing and will be deemed given if delivered personally, by mail, certified, return receipt requested, or by e-mail. All notices will (a) if delivered personally, be deemed given upon delivery, (b) if delivered by mail, be deemed given upon receipt, or (c) if delivered by e-mail be deemed given upon receipt. 34. Invalid Provision: If any provision of this contract is held to be illegal or unenforceable and the parties' rights or obligations will not be materially and adversely affected, such provision will be (1) severed from the contract, (b) the contract will be interpreted as if such provision was never a part of the contract and (c) the remaining provisions will stay in effect. 35. Authority: Each party represents that the person signing this contract has the authority to bind that party. 36. Entire Agreement and Amendment: This contract and the attached Appendices contain the entire understanding and agreement of the parties. No modification or amendment of this contract is valid unless it is reduced to writing, signed by the parties, and made a part of this contract. FORM/SACO1 Page 11 of 12 10/11 IN WITNESS WHEREOF, Contractor, Entity, and State have executed this Standard Audit Contract on the date first above written: Certified or Licensed Public Accountant 0 Firm Name Authorized Representative Governmental Entity mo Entity Name Authorized Representative Montana Department of Administration, Local Government Services Bureau 0 Approved By Date: Date: Date: FORM/SAC01 Page 12 of 12 10/11 APPENDIX A Initial or Sole Audit under this Contract GOVERNMENTAL ENTITY (ENTITY): Telephone: Address: Contact Person(s): PUBLIC ACCOUNTANT/ACCOUNTING FIRM (CONTRACTOR): _ Address: Telephone: Contact Person(s): (Street Address or P.O. Box) , MT (City/Town) (Street Address or P.O. Box) MT (City/Town) 1. Audit Period and Dates of Engagement: A. This audit will cover the fiscal year(s) ending (and ). (Month & Day) (Year) (Year) B . Date to commence audit work: C. Date to submit final audit report to Entity and State: 2. Time and Price for Engagement: A. Estimated total hours - B. Price for audit personnel $ Price for Travel Price for typing, clerical and report preparation Total price for this engagement $ 3. The reporting entity contains the following discretely presented component units: 4. Date Annual Financial Report or a trial balance will be available: 5. Number of copies of audit report Contractor will provide to Entity: (Zip Code) (Zip Code) FORM/SAC01 Page Al 10/11 6. The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractor as follows: 7. The audit scope with regard to federal financial assistance received by the Entity for the above fiscal year(s) will be as indicated below: EJ The audit will be a single audit conducted in accordance with the provisions of OMB Circular A-133 because the Entity expended a total amount of federal awards equal to or in excess of $500,000 during the fiscal year(s), or such other dollar amount as may be established by OMB that is effective for the fiscal year(s) being audited. OR The audit will not be a single audit conducted in accordance with the provisions of OMB Circular A-133 and will p 9 not include audit coverage of any federal financial assistance in accordance with requirements of that Circular, because the Entity expended a total amount of federal awards of less than $500,000 during the fiscal year(s), or such other dollar amount as may be established by OMB that is effective for the fiscal year(s) being audited. Certified or Licensed Public Accountant Firm Name Authorized Representative Governmental ]Entity Entity Name Authorized Representative ]Montana Department of Administration, Local Government Services Bureau =0 Approved :, Date: Date: Date: FORM/SAC01 Page A2 10/11 APPENDIX B Subsequent Audit under this Contract GOVERNMENTAL ENTITY (ENTITY): Telephone: Address: Contact Person(s): PUBLIC ACCOUNTANT/ACCOUNTING FIRM (CONTRACTOR): _ Address: Telephone: Contact Person(s): (Street Address or P.O. Box) , MT (City/Town) (Zip Code) (Street Address or P.O. Box) , MT (City/Town) 1. Audit Period and Dates of Engagement: A. This audit will cover the fiscal year(s) ending (and }. (Month & Day) (Year) (Year) B. Date to commence audit work: C. Date to submit final audit report to Entity and State: 2. Time and Price for Engagement: A. Estimated total hours - B. Price for audit personnel $ Price for Travel Price for typing, clerical and report preparation Total price for this engagement $ 3. The reporting entity contains the following discretely presented component units: 4. Date Annual Financial Report or a trial balance will be available: 5. Number of copies of audit report Contractor will provide to Entity: (Zip Code) FORM/SAC01 Page B 1 10/11 6. The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractor as follows: 7. The audit scope with regard to federal financial assistance received by the Entity for the above fiscal year(s) will be as indicated below: F-I The audit will be a single audit conducted in accordance with the provisions of OMB Circular A-133 because the Entity expended a total amount of federal awards equal to or in excess of $500,000 during the fiscal year(s), or such other dollar amount as may be established by OMB that is effective for the fiscal year(s) being audited. OR The audit will not be a single audit conducted in accordance with the provisions of OMB Circular A-133 and will p 9 not include audit coverage of any federal financial assistance in accordance with requirements of that Circular, because the Entity expended a total amount of federal awards of less than $500,000 during the fiscal year(s), or such other dollar amount as may be established by OMB that is effective for the fiscal year(s) being audited. Certified or Licensed Public Accountant Firm Name Authorized Representative Governmental Entity r Entity Name Authorized Representative Montana Department of Administration, Local Government Services Bureau MIDI Approved By Date: Date: Date: FORM/SAC01 Page B2 10/11 APPENDIX C Subsequent Audit under this Contract GOVERNMENTAL ENTITY (ENTITY): Telephone: Address: Contact Person(s): PUBLIC ACCOUNTANT/ACCOUNTING FIRM (CONTRACTOR): Address: Telephone: Contact Person(s): (Street Address or P.O. Box) MT (City/Town) (Street Address or P.O. Box) MT (City/Town) 1. Audit Period and Dates of Engagement: A. This audit will cover the fiscal year(s) ending (and ). (Month & Day) (Year) (Year) B . Date to commence audit work: C. Date to submit final audit report to Entity and State: 2. Time and Price for Engagement: A. Estimated total hours - B . Price for audit personnel $ Price for Travel Price for typing, clerical and report preparation Total price for this engagement $ 3. The reporting entity contains the following discretely presented component units: 4. Date Annual Financial Report or a trial balance will be available: 5. Number of copies of audit report Contractor will provide to Entity: (Zip Code) (Zip Code) FORM/SAC01 Page C 1 10/11 6. The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractor as follows: 7. The audit scope with regard to federal financial assistance received by the Entity for the above fiscal year(s) will be as indicated below: El The audit will be a single audit conducted in accordance with the provisions of OMB Circular A-133 because the Entity expended a total amount of federal awards equal to or in excess of $500,000 during the fiscal year(s), or such other dollar amount as may be established by OMB that is effective for the fiscal year(s) being audited. OR El The audit will not be a single audit conducted in accordance with the provisions of OMB Circular A-133 and will not include audit coverage of any federal financial assistance in accordance with requirements of that Circular, because the Entity expended a total amount of federal awards of less than $500,000 during the fiscal year(s), or such other dollar amount as may be established by OMB that is effective for the fiscal year(s) being audited. Certified or Licensed Public Accountant UIR Firm Name Date: Authorized Representative Governmental Entity M Entity Name Date: Authorized Representative Montana Department of Administration, Local Government Services Bureau Date: Approved By FORM/SAC01 Page C2 10/11 410012 Denning, Downey & Associates, P. C CEIR TIFIED PUBLIC- - A CCO UNTANTS P.O. Box 1957, Kalispell, UT 59903-195 7 (406),756-68179 ® FAX(406) 257-7879 - E-Mail ddat udit. con? KIM.M. Dry wn,�-y, CPA CGRAVCFE CJTP CITP nCGFM. CFF, Roben K. Denhi.g, CTA, June 2, 2011 City of Kalispell Mayor and City Council Attn: Army Robertson, Finance Director PO Box 1997 Kalispell,' MT 59903 �T We are --our UJIL rL11;Z, to provide for the City 'Of Kalispell. We will apply the. agreed -upon procedures, which. the Montana Department of Labor and Industry, Building Codes Bureau has specified to ..the :Building Code Enforcement Program of the City of Kal ispe'll - as of and for the. fiscal year eh ded June 3*0.-'201 L This engagement is solely to assist' the. Montana Department of Labor. and Industry, "B ldinR C Codes ', Building 6 �'d' e ureau for the purpose -th 'financial : r`_ elate''d kaftite and of determining wh'ethe'i.•,Ah local.gorrernrnent ha8:'co with. ecm liedstatutes n P administrative rules lati'g,.j localp�.ograrxll-c re n o. building..: code enforcement ., The fin" i'' an al state'n ents -will bpresented.--on...-the' -modified a6crual basis* ,of. accounting Our -en agpinent t , o e apply -agreed-upon procedures' will :.b&pe'rform' 6'di in accordance with. standa'rds,establiSh'd e b-y; tfi" ., An Institute. of� led -Public Accountants. The sufficiene''procedures_,Cer'tif V of --thejs.y . the. res-pon'Montana Dep-sibil ity .:Of the: Montana Department artmen., of Lab..0r and Industry'!. Building. Codes Bureau, as red bv'-. ARM 24.301.20�. C entiv. we'make 'n' orequionse.qu . repTesenfation regarding the sufficiency of the procedur'es'de` scribed*. -in the at-taohed schedule. 'either for the ' uYP0se for hich p�V this .'report has been requested or for any other pur'po'se - If, -for , any -reasonwe are . ..,unable, to complete the procedures, we will describe any restrictions on the performance ormance of the proce'dures - l' in our. report, or will .not Issue a' report as a result of this ' engagement., . Because of the agreed -Upon procedutes listAd in ARM .24.301.208 do not constitute are audit we -will not express an 'opinion on ..'the City of Kalispell Bufldik-g Code. Enforc ement l'xo g- ram's financial statements or thereof. In addit' any elements., accounts, or items ion, we have no obligation t pe form 'e' g o-, r any procedures bevond.tho'se*II"sted in ine attached schedule. We. will advise. you about appro-priate accounting princi i ation and will -assist - nt ples and their appl*c firth nmity .' 6 fill' Outfinarciale resp QnsJ, in.. the prepardtion�.o state'm­en't§.'th 8t einents, -. Li -est' lud "bl hi�.e* a iainsisresposil�ItyincU. 1" S ate e Ahe a. is tit aid in enanpa, cat can o "`p mal- anetrveconttOis over financial rpp - oft" Q.q Tec6id le...,--in"te on: ing -o' -are. _:-S dd* :''t- acoQ es -and'.' the,' f6g�ard Assets :,.You Zesponsjoie ius e, s.- erial misstatem6ntS*.'.-:-'anC, or.. ri, e— anc emen .-porrec, con: irmi h' urin -audit" -Ah" 65,ect'-' f uncorrected management representation the that', s o :any.:_, ...­.missatemen s aggregated b y,,.us Uri the "current ngagemehf,and`ertain­"InA.. OL'perio d' presented are immaterial, both individually and in the aggregate, to the financial statements taken as a, whole. As part of our engagement, we may propose standard, adjusting, or correcting Journal entries- to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. Further, you are responsible for designating a qualified management -level individual to be responsible and accountable for overseeing these services. We will submit a report listing the procedures performed and our findings. This report is intended 'solely for the information and use of the City of Kalispell Building Code Enforcement Program and the Montana Department of Labor and Industry, Building Codes Bureau, and is not intended to be and should not be used by anyone other than these specified parties. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you. Vue plan to begin our Procedures approx-Mietely JUirC201anrnesP-sle,ms,d s 1 are encountered, the engagement should be completed in August 201 I. At conclusion of our engagement; we will require a representation letter from management that, among other things, will confirm management's responsibility for the presentation of the Building Code Enforcement Program of the City of Kalispell in accordance with generally accepted accounting principles. Our fee for these services will be $3,500, -plus out-of-pocket costs (such as report reproduction, typing.., postage,. travel, copies, telephone, etc).. The above fee is based on anticipated cooperation from_ your personnel and the. assumption that unexpected circumstances will not be encountered during the engagement. If we elect to terminate our services, you. will be obligated to compensate- us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termindtion. We appreciate the o, * pportunity to assist you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. 'If you'agree withthe terms of our engagement as described in this letter,. please sign the enclosed copy and return it to us. If the need for additional services arises,, our agreement with you will need to be revised. It is customary for us to enumerate.. these revisions in an addendum to this letter. If -r: X;rfa Ab 11 -a- knomr1pr1orp in rlpd ,Vill .11! at t ey c. a:"-, 1 U-1 L I A -L.L 1%., %TG:i Ix writing their responsibility for the sufficiency of procedures. ,Vey truly. you, - Robert.K. Dennima, CPA., CGFM, CFF,, CITP .Denning, Downey & Associates, CPA's, P,C,- R.D/sh RESPONSE. 5 Page' 2.6 This letter correctly sets forth the understanding of the City of Kalispell Building Code Enforcement Program. BY: Date: /V �f Authorized Representative ji� Wv� t W �1- - June 2, 2011 City of Kalispell City Council Attn: Amy Robertson, Finance Director PO Box 1997 Kalispell, MT 59901 This letter constitutes an addendum to our original engagement letter dated August 7, 2006. The purpose of this letter is to outline the -agreed-upon procedures that will be performed in connection with our engagement. These procedure's were set by the Montana Department of Labor and Industry, Business Standards Division,, Building Codes Bureau, for determining whether the local government has complied with the financial. related statutes and administrative rules, relating to local building code enforcement program. 431 1 T P jgr e-upor, proc.e.d.-arcs ..'rickide- 1. We will determine that the City's accounting records fully document the collection and expenditure of all fees and charges related to the Building Code Enforcement Program during the fiscal year. Based on the City's accounting records, we will present a schedule of revenues, expenditures, and changes in fund balance of the. Building Code Enforcement Fund for the fiscal. year, in Schedule A. (Note: If the City did not account for the Building Code Enforcement Program in a separate special revenue fund, we will indicate in which fund the Program was accounted, and the corresponding information from that fund.) 2. We will compare the financial information included in the "Fiscal Report" submitted to the State- Building Codes Bureau to corresponding information in the City's accounting. records,, and we will verify that information is the same. 3. Frorn selected building permit applications, we will compare permit fees charged to, the permit fee schedule established by. the City and approved by the State Building Codes Bureau, and. -we will. verify that the .fees were the same. 4. From selected building permit applications, we will compare the total building permit fee paid to the amount credited .to the Building Code Enforcement Program, and we will verify that the amounts agree and that no portion of the fee is diverted to other -functions of the government. S. We will examine selected expenditures and other charge's made from- Building Code i. 1.111C.7 Lid costs -directly and -specifically identifiable to the enforc6m. . ent of building codes, (With the exception of indirect costs charged.46 the Building Cod6 Enforcement Program— see procedures 'T' and ".8"-below). ("Fixed Charges" and prior period adjustments will be itemized in Schedule B.) 6. We w.111 examine "selected expenditures from the Building Code Enforcement Program and we will determine that no portion of permit fees collected are used to support fire departrnents,'Planning, zoning, . g, or other activities, except. to the extent that employees . of those pogramsprovideiDdirect review 'inspection or other build,* . g code nt- services o en cerno for tie -Building 'Code" "EnforceM ' eiat Program. If soy .we obtain .documen tati"o'n" .from the.goverrent 'hat -supportsthe performance of thesedirect services: and that documents these. are properly charged to the.'BulIdI"g -Code .Enforcement. Program .for -8pecifi callv allowable services. (T,be costs related a fire 0 activities a' S6 eduto B 7. d!epartn '6nt's'planning;-z nin or other ac"'tiviti reported in. detafl, in re report. We'Wi `eii If indirect. costs --'are: Allo.bat6d"to the-Buildin e. En fbrC'em' ent rogram.�CodProgram, e asis. .,use ca e., c that b -d-i& allo t ':''o*s't'�."to'th.e"..Buildin*- Cade Ehfo g o rcemen gram ate:tie • Pa'ko 4 of 5'm. S. a 11. same basis used to allocate indirect costs to other proprietary funds of the City, and we will verify, that indirect costs waived for any other proprietary fund of the City were also waived for the .Building Code Enforcement Program. (Total indirect costs will be itemized in Schedule B.) If indirect costs are charged to the Building Code Enforcement Program, we will verify that. they are limited to those costs allowed under OMB Circular A-87. If there are transfers out of the Building Code Enforcement. Program Fund, we will obtain detailed documentation from the City that describes the purposes and eventual -uses of these transfers.. and verified that these purposes and uses are in accordahce, with allowable expenditures, as addressed in the procedures performed above. (Transfers will be itemized in Schedule B.) We will verify that 0.5% of revenues from plan reviews and building permits (not including revenues from electrical, mechanical or plumbing permits) collected during the year were remitted'to the State Department of Labor and Industry for the building codes education program. Based on the financial information presented in Schedule A, we will determine whether the reserve account (fund balance) exceeded the amount needed to support the Building ki %�A A_JA A, A %_1 %11� 10 w - �,,- I ill verify that the City will take steps to reduce permit fees. All the terms of our original -engagement letter will apply to this addendum. This addendum will become effective as soon as you sign and date the original copy of this letter and return the signed _copy tows. Very truly yours, Robert K. Denning, CPA, CGFM., CFF.., CITP Denning, Downey & Associates, CPA's, P.C. RD/sh RESPONSE:, This letter" correctly sets. forth the understanding of the City of Kalispell Building Code Enforcement Program. B v: Authorized Representative icoster of Independent Auditors Authorized to Conduct its of Montana Local Governments for State Fiscal Year of 2013 As of January 25, 2013 Anderson ZurMuehlen & Co., P.C. Phone: (406) 721-7800 1821 South Ave West - 5th Floor Fax: (406) 721-4155 P.O. Box 2368 Email: psepp@azworld.com Missoula MT, 59806-2368 Roster Number: 767 Anderson ZurMuehlen & Co., P.C. Phone: (406) 727-0888 21 Tenth Street South Fax: (406) 727-0895 P.O. Box 1605 Email: rreisig@azworld.com Great Falls MT, 59403-1605 Roster Number: 228 Anderson ZurMuehlen & Co., P.C. Phone: (406) 782-0451 129 West Park, Suite 201 Fax: (406) 782-1819 P.O. Box 748 Email: ahill@azworld.com Butte MT, 59703-0748 Roster Number: 202 Anderson ZurMuehlen & Co., P.C. Phone: (406) 442-1040 828 Great Northern Blvd. Fax: (406) 442-1100 P.O. Box 1040 Email: pjacques@azworld.com Helena MT, 59624-1040 Roster Number: 203 Anderson ZurMuehlen & Co., P.C. Phone: (406) 245-5136 402 N. Broadway Fax: (406) 245-6056 PO Box 20435 Email: sfreese@azworld.com Billings MT, 59104-0435 Roster Number: 201 Anderson ZurMuehlen & Co., P.C. Phone: (406) 556-6160 1007 E Main, Suite 300 Fax: (406) 586-8719 Bozeman MT, 59715 Email: kstafford@azworld.com Roster Number: 750 Brenner, Averett & Co., P.C. Phone: (406) 433-5464 121 South Central Fax: (406) 433-6016 P.O. Box 1049 Email: hnwpc@midrivers.com Sidney MT, 59270-1049 Roster Number: 752 Burke, Terry James CPA Phone: (406) 541-3709 103 South 5th Street East Fax* (406) 541-3708 Missoula MT, 59801 Email: burke@blackfoot.net Roster Number: 656 CHMS, P.C. Phone: (406) 228-9391 741 3rd Avenue South Fax: (406) 228-2063 Glasgow MT, 59230-2222 Email: doris@chmspc.com Roster Number: 213 Page 1 of 7 Roster Year 2013 Roster Year 2013 Roster Year 2013 Roster Year 2013 Roster Year 2013 Roster Year 2013 Roster Year 2013 Roster Year 2013 Roster Year 2013 Department of Administration1 1 Bureau Rosterof IndependentAuditors Authorized 1; Conduct Audits 1 Montana1Governments12013 As of January 25, 2013 OHMS, P.C. Phone: (406) 433-2092 104 Second Avenue SW Fax: (406) 433-2095 P.O. Box 1067 Email: ken@chmspc.com Sidney MT, 59270-1067 Roster Number: 590 Roster Year 2013 OHMS, P.C. Phone: (406) 654-1575 41 South First West Fax: (406) 654-2689 P.O. Box 1239 Email: marty@chmspc.com Malta MT, 59538-1239 Roster Number: 214 Roster Year 2013 Child, Van Wagoner & Bradshaw, PLLC Phone: (801) 927-1337 1284 West Flint Meadow Drive Suite D Fax: (801) 927-1344 Kaysville UT, 84037 Email: scott@cpaone.net Roster Number: 778 Roster Year 2013 Cote & Associates CPA PLLC Phone: (406) 543-8088 PO Box 430 Fax: (406) 721-9357 Missoula MT, 59806 Email: jennifercote@cote-mtcpas.com Roster Number: 760 Roster Year 2013 Denning Downey & Associates, P.C. Phone: (406) 756-6879 P O BOX 1957 Fax: (406) 257-7879 Kalispell MT, 59903-1957 Email: dda@ddaudit.com Roster Number: 721 Roster Year 2013 Dingus, Zarecor & Associates, PLLC Phone: (509) 242-0874 12015 East Main, Suite A Fax: (509) 242-0877 Spokane Valley WA, 99206 Email: tdingus@dzacpa.com Roster Number: 771 Roster Year 2013 Douglas Wilson & Company, PC Phone: (406) 761-4645 1000 First Avenue South Fax: (406) 761-4619 P.O. Box 2845 Email: randy.boysun@dwcogf.com Great Falls MT, 59403-2845 Roster Number: 264 Roster Year 2013 Doyle & Associates, P.C. Phone: (406) 273-0700 103 Tyler Way Fax: (406) 273-4300 PO Box 446 Email: tana@doyleandassoc.com Lolo MT, 59847 Roster Number: 768 Roster Year 2013 Eide Bailly LLP Phone: (406) 896-2400 401 North 31 st Street, Suite 1120 Fax: (406) 252-8600 P.O. Box 7112 Email: smarkovich@eidebailly.com Billings MT, 59103-7112 Roster Number: 742 Roster Year 2013 Page 2 of 7 Department of Administration - Local Government Services Bureau Roster of IndependentAuditors Authorized to Conduct Audits 1 Montanail Governments forof 2013 As of January 25, 2013 Galusha, Higgins & Galusha, P.C. Phone: (406) 442-5520 910 N. Last Chance Gulch Fax: (406) 457-7245 P.O. Box 1699 Email: nathan@ghg-cpa.com Helena MT, 59624-1699 Roster Number: 57 Roster Year 2013 Galusha, Higgins & Galusha, P.C. Phone: (406) 728-1800 101 East Front St., Suite 301 Fax: (406) 542-8758 P.O. Box 8867 Email: wayneh@ghg-cpa.com Missoula MT, 59807-8867 Roster Number: 58 Roster Year 2013 Galusha, Higgins & Galusha, P.C. Phone: (406) 586-2386 777 East Main, Suite 201 Fax: (406) 5 87-4121 P.O. Box 340 Email: garry@ghg-cpa.com Bozeman MT, 59771-0340 Roster Number: 55 Roster Year 2013 Galusha, Higgins & Galusha, P.C. Phone: (406) 248-1681 303 North Broadway - Suite 503 Fax: (406) 248-2855 P.O. Box 2532 Email: jim@ghg-cpa.com Billings MT, 59103-2532 Roster Number: 54 Roster Year 2013 Galusha, Higgins & Galusha, P.C. Phone: (406) 265-3201 300 2nd Avenue Fax: (406) 265-5949 P.O. Box 1530 Email: curt@ghg-cpa.com Havre MT, 59501-1530 Roster Number: 56 Roster Year 2013 Hamilton Consulting Group, PLLP Phone: (406) 265-6724 330 4th Street Fax: (406) 265-4385 P.O. Box 2200 Email: gordon@hamiltonconsultinggroup.com Havre MT, 59501-2200 Roster Number: 739 Roster Year 2013 Holmes & Turner, P.C. Phone: (406) 587-4265 1283 North 14th Avenue, Ste 201 Fax: (406) 586-3111 Bozeman MT, 59715 Email: bill@holmesandturner.com Roster Number: 80 Roster Year 2013 James J. Wosepka, PC Phone: (701) 872-4321 10 East Montana Avenue Fax: (701) 872-4320 P.O. Box 602 Email: jimjjwcpa@midstate.net Baker MT, 59313-0602 Roster Number: 267 Roster Year 2013 Joseph Eve Phone: (406) 252-3535 401 North 31 st Street, Suite 1600 Fax: (406) 252-1764 Billings MT, 59101-1200 Email: christine.green@josepheve.com Roster Number: 702 Roster Year 2013 Page 3 of 7 Department of Administration - Local Government Services Bureau Roster of Independent Auditors Authorized to Conduct its of Montana Local Governments for State Fiscal Year of 2013 As of January 25, 2013 Joseph Eve Phone: (406) 752-5225 14 3rd Street East - Suite 200 Fax: (406) 752-5221 Kalispell MT, 59901-4588 Email: christine.green@josepheve.com Roster Number: 772 Roster Year 2013 Joseph Eve Phone: (406) 727-1798 410 Central Avenue Fax: (406) 727-3760 Strain Bldg, Suite 414 Email: christine.green@josepheve.com Great Falls MT, 59401 Roster Number: 46 Roster Year 2013 Junkermier Clark Campanella Stevens PC Phone: (406) 442-6901 24 West 6th Avenue Fax: (406) 442-9690 P.O. Box 1164 Email: jsteinhoff@jccscpa.com Helena MT, 59624-1164 Roster Number: 237 Roster Year 2013 Junkermier Clark Campanella Stevens PC Phone: (406) 587-1277 220 West Larnme - Suite 3A Fax: (406) 587-8794 P.O. Box 1965 Email: talbom@jccscpa.com Bozeman MT, 59771-1965 Roster Number: 754 Roster Year 2013 Junkermier Clark Campanella Stevens PC Phone: (406) 549-4148 PO Box 16237 Fax: (406) 549-3003 Missoula MT, 59808-6237 Email: rramsbacher@jccscpa.com Roster Number: 238 Roster Year 2013 Junkermier Clark Campanella Stevens PC Phone: (406) 755-3681 35 Three Mile Drive, Ste 101 Fax: (406) 755-6661 P.O. Box 9047 Email: tvanomy@jccscpa.com Kalispell MT, 59904-9047 Roster Number: 731 Roster Year 2013 Junkermier Clark Campanella Stevens PC Phone: (406) 761-2820 501 Park Drive South Fax: (406) 761-2825 P.O. Box 989 Email: Istensland@jccscpa.com Great Falls MT, 59403-0989 Roster Number: 236 Roster Year 2013 Loren W. Randall, CPA's, P.C. Phone: (406) 728-5539 1135 Strand Avenue Fax: (406) 728-5568 P.O. Box 4325 Email: loren@lwr-cpa.com Missoula MT, 59806-4325 Roster Number: 553 Roster Year 2013 Mrachek Popp and Associates, P.C. Phone: (406) 252-6301 PO Box 7236 Fax: (406) 252-3096 Billings MT, 59103-7236 Email: gpopp@mrachekpopp.com Roster Number: 764 Roster Year 2013 Page 4 of 7 Department of Administration - Local Government Services Bureau Roster of Independent Auditors Authorized to Conduct Audits of Montana Local Governments for State Fiscal Year of 2013 As of January 25, 2013 Newland and Company, P.C. Phone: (406) 846-3733 212 Missouri Avenue Fax: (406) 846-3735 P.O. Box 850 Email: mjohns@newlandpc.com Deer Lodge MT, 59722 Roster Number: 399 Roster Year 2013 Newland and Company, P.C. Phone: (406) 494-4754 2900 Lexington Avenue Fax: (406) 494-4958 P.O. Box 3006 Email: rtamblyn@newlandpc.com Butte MT, 59702-3006 Roster Number: 243 Roster Year 2013 Nicole M. Noonan, CPA, P.C. Phone: (406) 649-2436 435 Little Mill Creek Road Fax: (406) 649-2436 St. Regis MT, 59866 Email: noonanaccounting@hotmail.com Roster Number: 770 Roster Year 2013 Niewedde and Wiens Phone: (402) 362-4410 PO Box 98 Fax: (402) 362-4418 York NE, 68467 Email: nwcpa@windstream.net Roster Number: 773 Roster Year 2013 Olness and Associates, P.C. Phone: (406) 252-6230 2810 Central Avenue, Suite B Fax: (406) 245-6922 Billings MT, 59102 Email: brent@oInesscpa.com Roster Number: 717 Roster Year 2013 Peck & Peck, CPA's, P.C. Phone: (406) 683-4254 312 South Pacific Fax: (406) 683-4255 P.O. Box 1046 Email: dennis@peckandpeckcpas.com Dillon MT, 59725 Roster Number: 744 Roster Year 2013 Philip Emmons, CPA Phone: (406) 234-2201 PO Box 546 Fax: Miles City MT, 59301 Email: philemmons7@yahoo.com Roster Number: 774 Roster Year 2013 Rector & Reeder P.C. Phone: (770) 879-8411 1305 Lakes Parkway, Suite 110 Fax: (770) 879-8431 Lawrenceville GA, 30043 Email: drector@rr-cpa.com Roster Number: 740 Roster Year 2013 Ronald Paul Foltz, CPA Phone: (406) 728-8130 120 West Main Fax: (406) 728-0957 P.O. Box 4605 Email: ron.foltz@ronfoltzcpa.com Missoula MT, 59806-4605 Roster Number: 52 Roster Year 2013 Page 5 of 7 Department of Administration - Local Government Services Bureau Roster of Independent Auditors Authorized to Conduct Audits of Montana Local Governments for State Fiscal Year of 2013 As of January 25, 2013 Ross R. Stalcup, CPA Phone: (406) 784-2090 3901 W US Highway 212 Fax: (406) 784-2138 Ashland MT, 59003 Email: rrscpa@gmail.com Roster Number: 256 Roster Year 2013 Rowland, Thomas & Company Phone: (406) 234-4241 908 Main Street Fax: (406) 234-4248 P.O. Box 610 Email: rtco@midrivers.com Miles City MT, 59301-0610 Roster Number: 155 Roster Year 2013 Rudd & Company, PLLC Phone: (406) 585-3393 3805 Valley Commons Drive Suite 7 Fax: (406) 585-7132 Bozeman MT, 59718 Email: sholton@ruddeo.com Roster Number: 763 Roster Year 2013 Smith, Lange & Halley, P.C. Phone: (406) 433-45 10 1060 South Central Avenue Fax: (406) 433-4518 Sidney MT, 59270-5218 Email: slhpc@midrivers.com Roster Number: 510 Roster Year 2013 Strom & Associates, PC Phone: (406) 252-2765 PO Box 1980 Fax: (406) 252-2765 Billings MT, 59103 Email: audit @stromcpa.net Roster Number: 736 Roster Year 2013 Summers, McNea & Company, P.C. Phone: (406) 652-2320 80 25th Street West Fax: (406) 652-2043 Billings MT, 59102-4662 Email: tmcnea@summers-mcnea.com Roster Number: 173 Roster Year 2013 Tompkins & Peters CPAs, P.C. Phone: (406) 251-4272 1715 South Reserve Street, Suite 1 Fax: (406) 363-3866 Missoula MT, 59801 Email: dana@tpcpas.com Roster Number: 800 Roster Year 2013 Tompkins & Peters CPAs, P.C. Phone: (406) 363-0097 1659 North 1st Street, Suite 2 Fax: (406) 363-3866 Hamilton MT, 59840 Email: dana@tpcpas.com Roster Number: 766 Roster Year 2013 Tripp & Associates Phone: (406) 661-7536 1645 Avenue D, Suite E Fax: (406) 248-5150 Billings MT, 59102 Email: setrippcpa@hotmall.com Roster Number: 777 Roster Year 2013 Page 6 of 7 Department of Administration - Local Government Services Bureau Roster of Independent Auditors Authorized to Conduct Audits of Montana Local Governments for State Fiscal Year of 2013 As of January 25, 2013 Wayne E. Hintz, CPA, PSC Phone: (406) 443-6220 1215 Eleventh Avenue Fax: (406) 442-5659 Helena MT, 59601-3917 Email: whintz@burghervision.com Roster Number: 76 Roster Year 2013 Wipfli LLP Phone: (509) 489-4524 12 East Rowan, Suite 2 Fax: (509) 489-4524 Spokane WA, 99207 Email: ESchultz@wipfli.com Roster Number: 776 Roster Year 2013 Report Count 56 Page 7 of 7