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HomeMy WebLinkAboutC20185 - Lance Soll & Lunghard - Audit SvcsContract No. C20185 CITY OF PALM DESERT FINANCE DEPARTMENT STAFF REPORT REQUEST: APPROVE THE EXTENSION OF THE CONTRACT WITH LANCE, SOLL & LUNGHARD, LLP TO PERFORM AUDITING SERVICES FOR THE CITY OF PALM DESERT, REDEVELOPMENT AGENCY AND HOUSING AUTHORITY APPLICANT: LANCE SOLL & LUNGHARD, LLC 203 N. BREA BLVD., SUITE 203 BREA, CA 92821-4056 DATE: FEBRUARY 08, 2007 CONTENTS: ONE (1) COPY OF PROPOSED AUDITING FEES ENGAGEMENT LETTER Recommendation: By Minute motion, that the City Council approve the extension of Contract No. C20185 with Lance Soil & Lunghard, LLC to perform auditing services for the City of Palm Desert, Redevelopment Agency and Housing Authority. Background: Lance, Soil & Lunghard, LLC has been providing auditing services to the City of Palm Desert for the last five years. Their services have included auditing the City, Redevelopment Agency, the Housing Authority's Apartment Complexes, Desert Willow and the City's Office Complex. In addition, they have performed reviews on Waste Management, Time Warner Cable, and various hotels on behalf of the City. Staff finds that Lance, Soil & Lunghard have a professional staff that is knowledgeable in the accounting arena and we feel comfortable in calling them when we have accounting questions. We took the proposed contract extension to the Audit, Finance and Investment Committee on January 23, 2007 and they recommended that the extension be forwarded to the City Council for review and approval of a five-year extension. Staff requests that the City Council approve the extension of Contract No. C20185 with Lance Soil & Lunghard, LLC to perform auditing services for the City of Palm Desert, Redevelopment Agency and Housing Authority. Submitted By: &t//� Paul S. Gibson, Director of Finance Approved by: Carlos L. Orteg tity Manager CITY COUNCIL ACTIUN APPROVED DENIED RECEIVED OTHER -jL� BY RDA ON VERIFIED BY Original on file with City Clerk's Office MEETING DATF. AYES : F&,'edpl NOES: * &LOI—BY HOUSG AUTH �llnna, ABSENT: ON ABSTAIN: VERIFIED By - Original BY: tf Original on File withJCity Clerk's Office Original on file with *Removed for separate consideration - then APPROVED the, City Clerks Office recommendation, as amended, with a one-year extension of the contract, with staff directed to bring the matter back at the appropriate time for a discussion on further extension or initiation of a new RFP for Auditing Services. 5-0 REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2007 CONSENT CALENDAR L. REQUEST FOR APPROVAL of the Extension of Contract to Perform Auditing Services for the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority (Contract No. C20185) (Joint Consideration with the Palm Desert Redevelopment Aency and the Palm Desert Housing Authority). Contract No. C20185 - Lance Soil & Lunghard LLP Certified Public Accountants January 24, 2007 Mr. Paul S. Gibson, CCMT Director of Finance/City Treasurer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Mr. Gibson: Brandon W. Burrows Fib ;!, ;. _ i)`__, ;'. j .i A/LN i Donald L. Parker Michael K. Chu David E. Hale 19)1 JA►� 29 PM I� 40 AProfessionWCoryorwion Donald G. Slater Richard K. Kikuchi Retired Robert C. Lance 1914-1994 Richard C. Soil Fred J. Lunghard, Jr. 1928.19" We are pleased to confirm our understanding of the services we are to provide the City of Palm Desert for the year ended June 30, 2007. We will audit the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements, of the City of Palm Desert as of and for the year ended June 30, 2007. If applicable, we would conduct separate financial audits of the Component Unit Financial Statements as specified in our agreement with the City. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements: 1. Management's discussion and analysis. 2. Budgetary comparison schedules. 3. Infrastructure information under the modified approach of reporting. 4. Combining and individual fund schedules presented as supplemental schedules. If a Comprehensive Annual Financial Report (CAFR) is to be issued, the document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our accountant's report will disclaim an opinion. 1. Statistical data included in the CAFR. 2. Transmittal letter included in the CAFR. Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Palm Desert and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will 75 YEARS 1929 2004 203 N. Brea Blvd., Suite 203 9 Brea, CA 92821-4056 • (714) 672-0022 • Fax (714) 672-0331 • www,lslcp s Contract No. C20185 hLance d s LM=L unghp rd CERTIFIED PUBLIC ACCOUNTANTS City of Palm Desert January 24, 2007 Page 2 fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. This report will include a statement that the report is intended solely for the information and use of the audit committee, management and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with laws, regulations, contracts and agreements. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will advise you in the preparation of your financial statements, but the responsibility for the financial statements remains with you. 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. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Contract No. C20185 Lance Soil s L LLP CERTIFIED AMIC ACCOUNTANTS City of Palm Desert January 24, 2007 Page 3 Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that the City of Palm Desert complies with laws, regulations, contracts and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Palm Deserts compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures - Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing and extent of our auditing procedures for the purpose of expressing our opinion on the City of Palm Deserts financial statements. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be perforred to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. Contract No. C20185 wVhwd Lance Shc s L CERMIED PUBLIC ACCOUNTANTS City of Palm Desert January 24, 2007 Page 4 An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entitys ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards. Audit Administration, Fees, and Other If applicable, we would perform all other services as specified in our agreement with the City. If the additional services to be provided is considered nonattest (nonaudit) services, management is responsible for making all management decisions and perform all management functions; designate a competent employee, preferably within senior management, to oversee the services; evaluate the adequacy and results of the services; and establish and maintain internal controls, including monitoring ongoing activities. The audit documentation for this engagement is the property of Lance, Soll & Lunghard, LLP and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to your City's Cognizant or Oversight Agency for Audit or its designee, a federal agency providing direct or indirect funding, or the U.S. General Accounting Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Lance, Soil & Lunghard, LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Maximum fees for the audits for the fiscal year ending June 30, 2007 are as follows: Lance. Soil & Lunahard. LLP Preaarina Reports Enaaaement Services a. City of Palm Desert b. Palm Desert Redevelopment Agency' c. City of Palm Desert Golf Course Facilities d. Single Audit e. Gann Limit Verifications f. Investment Policy Compliance Verification Sub -total Meals, Lodging and Transportation Total All -Inclusive Price ___ 2006-07 $ 29,790 24,100 13,450 2,690 760 2.780 73,570 9,250 Contract No. C20185 Lance I L s L LLP CERTIFIED PUBUC ACCOUNTANTS City of Palm Desert January 24, 2007 Page 5 City of Palm (Desert Preparing Reports Enaaaement Services 2006-07 a. City of Palm Desert $ 28,290 b. Palm Desert Redevelopment Agency * 23,100 c. City of Palm Desert Golf Course Facilities 12,950 d. Single Audit 2,690 e. Gann Limit Verifications 760 f. Investment Policy Compliance Verification 2.780 Sub -total 70,570 Meals, Lodging and Transportation 9.250 Total All -Inclusive Price 79�;�820 *Incimles the Palm Desert Housing Authority Standard Hourly Rates (Auditing and Consulting Services) Partner $162.00 Manager 101.00 Senior auditor 76.00 Staff auditor 71.00 Our invoices for these fees will be rendered as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2004 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of Palm Desert and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Lance, Soll & Lunghard, LLP Contract No. C20185 LL%7d P CEOMFIEO PUBLIC ACCOUNTANTS City of Palm Desert January 24, 2007 Page 6 RESPONSE: This letter correctly sets forth the understanding of the City of Palm Desert By: Title: Date: Brandon W.Burrows " LLLU� nce Donald L. Parker Soll & Michael K. Chu David E. Hale nghardA Pmfessiond Corponsdon Donald G. Slater LLP Richard K. Kikuchi Certified Public Accountants Retired Robert C. Lance 19141994 Richard C. Soll Fred J. Lunghard, Jr. IM1999 December 11, 2006 Mr. Paul S. Gibson, CCMT Finance Director/Treasurer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Mr. Gibson: As you are aware, our contract with the City of Palm Desert for auditing services expired with the fiscal year ending June 30, 2006. Over the past five years, we have provided the City with auditing and accounting services which: • Produced an award winning CAFR meeting all the requirements necessary to receive the Government Finance Officer's and California Society of Municipal Officer's Award for Excellence in Financial Reporting. • Provided assistance and information to City staff when required and helpful recommendations to management. We have made it an absolute priority to provide the City of Palm Desert with the best service available and we would like to continue to provide this level of service to the City. Since we are familiar with your accounting system and the City, we will be able to perform an efficient audit, which will benefit the City with continuity of firm personnel and minimal disruption to City staff during the audit. In addition, we have structured staff rotation on your engagement so that the City will always receive a fresh look at its system and records. Towards this end, we would like to propose a new five year contract to provide continuous and undisrupted auditing services to the City of Palm Desert. The engagement team for vour audit will continue to be headed by myself, Shirsh Patel as manager and Kellv Culver will be assigned as the senior auditor. Also, as a part of our services, Lance, Soll & Lunghard, LLP will continue to provide extensive GASB assistance to the City of Palm Desert throughout the year. 75 YEARS 1929 2004 0i EX&NMM 203 N. Brea Blvd., Suite 203 • Brea, CA 928214056 • (714) 672-0022 • Fax (714) 672-0331 0 www.lslepas.com Mr. Paul S. Gibson, CCMT City of Palm Desert Audit Proposal December 11, 2006 Page 2 Please see Attachment A for our proposed fees for the next five years. As you will note, we have kept the first two vears constant and have then applied a modest price increase. As in the original contract, I have included the option for either the City or Lance, Soll & Lunghard preparing the financial statements. The services to be performed, fee structure and billing methods would remain unchanged from our contract dated June 14, 2002. This would include the termination section that provides for termination of the agreement upon 30 days written notice from either party. Again, Lance, Soll & Lunghard, LLP looks forward to continue to provide quality services to the City of Palm Desert. Please sign below to acknowledge your acceptance of this agreement and return to my attention. Should you or any other representative of the City of Palm Desert have additional questions regarding this agreement, please do not hesitate to contact me at (714)672-0022. Very truly yours, 4CHARD K. KIKUCHI. CPA PARTNER Paul S. Gibson, Fin Dir/Treas Date Attachment A Proposed Auditinia Fees The auditing fees proposed below are based upon the prior audits performed by Lance, Soll & Lunghard, LLP of the financial statements of the various entities comprising the City of Palm Desert. Should operations of the entities change significantly, from those present at June 30, 2006, then the fees shown herein would be subject to further negotiation. Additionally, the fees are based upon the assumption that accounting functions would be performed and minimal adjustments would be required. To the extent that this is not the case, the fees shown would be subject to fiuther negotiation. We do not charge extra for meeting with the governing boards of the respective entities or for the preparation of comfort or other letters to underwriters for the inclusion of our report in official statements. For purposes of this proposal, Lance, Soll & Lunghard, LLP certifies that the individual signing below is a general partner in the partnership and empowered to submit this bid. Additionally, this individual is authorized to execute a contract with the City of Palm Desert for the services specified in this proposal. Lance. Soll & Lunghard. LLP Preparing Reuorts E yagement Service 2006-07 2007-08 2008-09 2009-10 2010-11 a. City of Palm Desert $29,790 $29,790 $30,684 $31,604 $32,552 b. Palm Desert Redevelopment Agency* 24,100 24,100 24,823 25,568 26,335 c. City of Palm Desert Golf Course Facilities 13,450 13,450 13,854 14,269 14,697 d. Single Audit 2,690 2,690 25,771 2,854 2,939 e. Gann Limit Verifications 760 760 783 806 830 f. Investment Policy Compliance Verification 2.780 2,780 2.863 2.949 3.038 Total $73.570 $73.570 $75.777 $78.050 $80.392 Meals, Lodging and Transportation $9,250 $9,250 $9,500 $9.500 $9,500 Total All -Inclusive Price HIM U= $85-277 UZ.5.0 S89.$9, *Includes the Palm Desert Housing Authority Citv of Palm Desert Preparing Reports Engagement Service a. City of Palm Desert b. Palm Desert Redevelopment Agency* c. City of Palm Desert Golf Course Facilities d. Single Audit e. Gann Limit Verifications f. Investment Policy Compliance Verification 2006-07 2007-08 2008-09 $28,290 $28,290 $29,139 23,100 23,100 23,793 12,950 12,950 13,339 2,690 2,690 2,771 760 760 783 2009-10 2010-11 $30,013 $30,913 24,507 25,242 13,739 14,151 , 2,854 2,939 806 830 2.780 2.780 2.863 2.949 3.038 Total $70.570 $70.570 $72.687 Meals, Lodging and Transportation $9,250 $9,250 $9,500 Total All -Inclusive Price $79.820 $79.820 SE2,187 *Includes the Palm Desert Housing Authority $74.868 $77.114 9 500 $9,500 Hourlv Rates For Additional Services Should the City or Agency require additional services above and beyond the scope of this proposal, the hourly rates Lance, Soll & Lunghard, LLP utilizes will be based on the following: Partner $162/hour Manager $101/hour Senior Auditor $76/hour Staff Auditor $71 /hour Again, we appreciate the opportunity to submit this proposal for the City of Palm Desert and its related entities. Zee RICHARD K. KIKUCHI, CPA PARTNER