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Res. No. 200-09-13009j1q*T91"1y0071RI11124 L a 200 -09 -13009 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO RODRIGUEZ, TRUEBA & CO., P.A. CONFIRMING A ONE -YEAR EXTENSION OF THE NOVEMBER 6TH, 2007 AUDIT CONTRACT, PROVIDING AN EFFECTIVE DATE WHEREAS, by Resolution No. 186 -07- 12571, the City Commission authorized the execution of a audit contract with Rodriguez, Trueba & Co., P.A. ( "Auditor"); which contract was approved on November 6, 2007; and WHEREAS, the November 6, 2007 contract was for two years; and WHEREAS, the both the City and the Auditor desire to extend the contract for an additional one year term, as provided for in Resolution 186 -07- 12571; and WHEREAS, the City Commission authorizes the City Manager to issue a letter to the Auditor confirming a one -year extension to the November 6, 2007 contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to issue a letter to Rodriguez, Trueba & Co., P.A., confirming a one -year extension of the November 6, 2007 contract. Section 2: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this 3rd day of November , 2009. AT-TEST: APPROVED: CITY CLERK f V MAYOR )APPROVED RE AS FORM: COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Ao6,�� Vice Mayor Beasley: Yea Commissioner Newman: Yea Y ATTORNEY Commissioner Palmer: Yea Commissioner Sellars: Yea Include File Name and Path South Miami Ae- iunericaciri' CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 . ................ To: The Honorable Mayor, Vice Mayor and Members of the City Commission From: Roger M. Carlton, City Manager Date: October 27th, 2009 Subject: Audit for Fiscal Year 2009 -2010 Pursuant to the October 20th, 2009 City Commission discussion regarding the final year renewal of the audit contract with Rodriguez, Trueba & Co., P.A. for the Fiscal Year 2009 -2010, the City Manager and the Finance Director met with representatives from the firm. The meeting was held to discuss the audit engagement. It was agreed that the Management Letter, which appears as part of the 92 page Comprehensive Annual Financial Report will be issued separately to highlight the recommendations and the responses of the Administration. The Management Letter is the document whereby the auditors formally report issues arising from the audit. The City Manager requested that this letter include the detail of all audit adjusting entries proposed by the auditors. This is important because adjusting entries reflect an initial difference from the presentation by the Finance Department and the review of the auditor. The adjusting entries reflect the resolution of the differences. The Management Letter will clearly delineate current and prior year findings and recommendations to demonstrate that progress has-been made by the Administration to improve financial management. The new format will not result in additional fees. With the creation of the Audit Committee, which is included in this Agenda, the City will be able to move rapidly in the Request for Proposal (RFP) process for the next Fiscal Year 2009 -2010 audit. This will allow the Audit Committee to participate in the RFP process and will ensure sufficient time for a smooth seamless transition. South Miami Ae•AmefluMv CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM zoos To: The Honorable Mayor & Members of t'h°e� rC..iittyy Commission via: W. Ajibola Balogun, City Manager From: Matilde G. Menendez, Finance Director�j Date: October 6, 2009 Agenda Item No.: Subject: Financial Audit Services Contract Extension, Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO RODRIGUEZ, TRUEBA & CO., P.A. CONFIRMING A ONE -YEAR EXTENSION OF THE NOVEMBER 6TH, 2007 AUDIT CONTRACT, PROVIDING AN EFFECTIVE DATE Background: Rodriguez, Trueba & Co., P.A has been the City's financial auditor for two consecutive years. Rodriguez, Trueba & Co., P.A were selected thru a RFP (Request for Proposal) process. in accordance with Resolution No. 186 -07 -12571 approving the initial contract, the contract could be extended for an additional year. During the past two years, Rodriguez, Trueba & Co., P.A satisfactorily met all requirements of the original contract. Rodriguez, Trueba & Co., P.A confirmed that the audit fee will remain the same as in the prior two years. in order to meet the requirements for the Certificate of Achievement in Financial Reporting for the City's Fiscal Year ended 9/30/09, the audited financial statements must be submitted no later than March 31, 2010. To accomplish this task the City must begin the audit process in October 2009. Recommendation: Authorizing the City Manager to issue a one year contract extension to Rodriguez, Trueba & Co., P.A, for Financial Audit Services. Backup Documentation: ❑ Proposed Resolution ❑ Proposed Audit Contract ❑ Original Contract dated November 15, 2007 ❑ Resolution No. 186 -07 -12571 October 1, 2009 Roger Carlton — City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Carlton: 7 � We are pleased to confirm our understanding of the services we are to provide the City of South Miami (the "City ") as of and for the year ending September 30, 2009. We will audit the financial statements of the governmental activities, the business -type activities, each major farad, and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements of the City of South Miami as of and for the year ending September 30, 2009. The document we submit to you will include the following supplementary information required generally accepted accounting principles that will be subjected to certain limited procedures but will not be audited: 1. Management's discussion and analysis. 2. Budgetary comparison schedules. 3. GASB required— Supplementary pension information 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 upon which we will provide an opinion in relation to the basic financial statements. 1. Combined and individual non major fund financial statements. 2. Schedule of expenditures of federal awards. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic 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 informational information referred to in the first paragraph when taken as a whole. The objective also inchrdes reporting 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 in accordance with Government Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts of grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, Audits of States, Local Governments, and Non- Profit Organization. Dural Office! 1985 NW 88th Court, Suite 101, Doral, FL 33172 • Phone: 305- 593 -2644 • Fax: 305 - 593 -0390 Miami Lakes Office:8040 NW 155th Street, Suite 206, Miami Lakes, FL 33016 • Phone: 305 - 779 -1120 • Fax: 305 -779 -1121 www.rte- cpa.com Member of the American Institute of Certified Public Accountants • Member of the Florida institute of Certified Public Accountants W. Ajibola Balogun, City Manager City of South Miami, Florida Page 2 The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal and state awarding agencies, and if applicable , pass - trough entities and is not intended to be and should not be used by anyone other than these specified parties. 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, the Single Act Amendments of 1996, the provisions of OMB Circular A -133, Sections 218.39 and 215.97 of Florida Statutes, Chapter 10.350 of the Rules of the Auditor General of the State of Florida, and the Florida Single Act and will include tests of the accounting records, a determination of major program(s) in accordance with Circular A -133, and other procedures we consider necessary to enable us to express such an opinion and to render the requited reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we. are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or may not issue a report as a result of this engagement. Management Resnonsibilitics The management of the City of South Miami is responsible for establishing and maintaining internal control and for the compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. 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 arc 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 U.S. generally accepted accounting principles, and the federal aNyard programs and state projects are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us including any significant vendor relationships in which the vendor has the responsibility for program compliance_ 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 assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, 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 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 and compliance, 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. W. Ajibola Balogun, City Manager City of South Miami, Florida Page 3 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, or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) 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 or illegal acts affecting the City of South Miami received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the City of South Miami complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Additionally, as required by OMB Circular A -133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review by the end of December of each year. As part of the audit, we will prepare a draft of your financial statements, schedule of expenditures of federal awards and state financial assistance, and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further, you are required to designate a qualified management -level individual to be responsible and accountable for overseeing our services. 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 City of South Miami or to acts by management or employees acting on behalf of the City of South Miami. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. As required by the Single Audit Act Amendments of 1996 and OMB Circular A -133, our audit will include test of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable assurance, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraud 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. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during ant 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 fmancial statements and related matters. W. Ajibola Balogun, City Manager City of South Miami, Florida Page 4 Audit Procedures— Internal Controls In planning and performing our audits, 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 opinions on the City of South Miami's financial statements and on its compliance with requirements applicable to major programs. 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 performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the fmancial 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 relative to the financial statements 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. As, required by OMB Circular A -133 and the Florida Single Audit Act, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider to preventing or detecting material noncompliance with compliance requirements, applicable to each of the City's major federal award programs and state projects. However, our tests will be less in scope than would be necessary to render an opinion on these controls and accordingly, no opinion will be expressed in our report in internal control issued pursuant to OMB Circular A -133 or the Florida Single, Audit Act. 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 entity's 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 non - reportable conditions of other matters involving internal control, if any, as required by Government Auditing Standards and OMB Circular A -I33 and the Florida Single Audit Act. Audit Procedures-- --ComnIianee Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of South Miami's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will no be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A -133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A -133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect of each of the City of South Miami's major programs. The purpose of those procedures will be to express an opinion on the City of South Miami's compliance with requirements applicable to each of its major programs in our report compliance issued pursuant to OMB Circular A -133 and the Florida Single Audit Act. W. Ajibola Balogun, City Manager City of South Miami, Florida Page 5 Audit Administration Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate section of and sign the Data Collection Form that summarizes our audit findings. We will provide copies, as required, of our reports to the City; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor's reports, and a corrective action plan) along-with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass - through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditor's reports on nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of Rodriguez, Trueba & Co., P.A. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to cognizant or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability 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 request. If requested, access to such work papers will be provided under the supervision of our 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. The audit documentation for this engagement will be retained for a minimum of three years after the date the auditor's report is issued or for additional period requested by Grantors. if we are aware that a federal awarding agency, pass - through agency, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audits during October 2009 and we will issue our reports no later than March 31, 2010. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed S35,525. The fee for the Federal and State Single Audit will approximate $7,500, but it may vary if programs and Federal Awards change materially from the prior years. This is based on the single audit expenditures not exceeding 2 million dollars. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. In the event either party claims a breach of any term of this engagement, the dispute first shall be submitted to voluntary mediation, if this is unsuccessful, then the dispute will be brought to binding arbitration conducted under the rules then prevailing of the American Arbitration Association in the County where the City is situated, and the judgment or award of the arbitration shall be binding and conclusive upon the parties and may be entered in any court having proper jurisdiction. Roger Carlton, City Manager City of South Miami, Florida Page 6 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 2007 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of South Miami 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. Rodriguez, Trueba & Co., CPA RESPONSE: This left one sets forth the understanding of the City of South Miami, Florida. By: Title: A"� Date: V ARV !`( 71'1ryy 'g'N 9g9 Ponce do Leon 1045 �i.!! A ®tlhA.�1A�1N .lL.l.A111 iii Suite i0b5 1 Coral Gables, FL 33134 (ryf\�,(y'j'rlil'(',�i" E.J . LLP Tel 305.444MR0 /C'1,•,• d /111J11�1119t1.AK�.1K 1kfJ.k[1. Fax 305.444.6280 www.ogz- cpa.com certified Public Accountants & Consultants To the Partners of Rodriguez, Trueba & Co., P.A. We have reviewed the system of quality control for the accounting and auditing practice of Rodriguez, Trueba & Co., P.A. (the firm) in effect for tite year ended December 31, 2007. A system of quality control encompasses the firm's organizational structure, the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American institute of CPAs (AtCPA). Thz firm is responsible for designing a system of quality control and complying with it to provide the Firm reasonable assurance of conforming with professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance with its system of quality control based on our review. Our review was conducted in accordance with standards established by the Peer Review Board of the AICPA. During our review, we read required representations from the firm, interviewed firm personnel and obtained an understanding of the nature of the fi'rm's accounting and auditing practice, and the design of the firm's system of quality control sufficient to assess the risks implicit in its practice. Based on our assessutents, we selected engagements and administrative files to test for conformity with professional standards and compliance with the firm's system of quality control. The engagements selected represented a reasonable cross - section of the firm's accounting and auditing practice with emphasis on higher -risk engagements. Prior to concluding the review, we reassessed the adequacy of the scope of the peer review procedures and met.with farm management to discuss the results of our review. We believe that the procedures we performed provide a reasonable basis for our opinion. In performing our review, we obtained an understanding of the system of quality control for tite firm's accounting and auditing practice, Tit addition, we tested compliance with the firm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. Our review was based on selected tests therefore it would not necessarily detect all weaknesses in the system of quality control or all instances of noncompliance with it. There are inherent limitations in the effectiveness of any system of quality control and therefore noncompliance with the system of quality control may occur and not be detected, Projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with tite policies or procedures may deteriorate. Members of: Amencw, lastitnto of Musa Iustaoiu of llaeonal Association M 0, n fmd Pubho Accoumunts Cardmd Pubac Accountants Codified Valuation Ana"s Rodriguez, Trueba & Co., P.A. Page 2 In our opinion, the system of quality, control for the accounting and auditing practice of Rodriguez, Trueba & Co., P.A. in effect for the year ended December 31, 2007, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. As is customary in a system review, we have issued a letter under this date that sets forth comment that were not considered to be of sufficient significance to affect the opinion expressed in this report.' &"► * 9 3 lip July 21, RESOLUTION NUMBER 186-07 -12571 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL AUDIT SERVICES, AUTHORIZING THE CITY MANAGER TO HIRE A NEW FINANCIAL AUDITOR AND EXECUTE A TWO -YEAR AUDIT CONTRACT WITH THE AUDIT FIRM OF RODRIGUEZ, TRUEBA & CO., P. A., WITH THE OPTION TO RENEW FOR ONE YEAR, %F SO. DESIRED BY THE CITY, AND PROVIDING FOR AN. EFFECTIVE DATE. WHBRLAS, article 4, section 4(e) of the City Charter prohibits the use of the same Financial Auditor for more than three consecutive years; and WHEREAS, the City hired the accounting firm of Alberni, Caballero & Castellanos, L.L.P.., for the last three years; anil WHEREAS, the City Administration has solicited bids for financial audit services and received responses from three different firms with license to operate within the State of Florida; and WHEREAS, the bids were reviewed by the Finance Department and has recommended that the City hire the firm of Rodriguez, Trueba & Co.; P. A. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAM6 FLORIDA: 1. Section 1. The City Manager is authorized to engage the firm of Rodriguez, Trueba & Co., P. A to provide financial auditing services for the City. 2. Section 2. The City Manager is authorized to sip ne otiate the service contract for two years with the option to renew for an additional year, if so desired by the City 3. Section 3. This resolution shall take effect immediately upon approval. PASSBD AND ADOPTED this e day of Ngvgmber, 2007. ATTEST: APPROVED: IX MAYOR Commission Vote: 5 -0 MayorFeliu: Yea Vice -Mayor Wisoombe: Yea Commissioner Birts: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea �p4 sour South Miami babd CITY OF SOUTH MIAMI - fN40flAPFATfA �Cosxoa INTER - OFFICE MEMORANDUM ° 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager, r....W,t l�ar From: Eliza Rassl Finance Director Date: October 16, 2007 Agenda Item No.: Subject: Resolution to hire the audit firm of Rodriguez, Trueba & Co., as the Financial Auditor for the City of South Miami for the term of two years with an option to renew for one year. Fiscal Year's ended 09/30107, 09/30/08 a 09/30/09 Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL AUDIT SERVICES, AUTHORIZING THE CITY MANAGER TO HIRE A NEW FINANCIAL AUDITOR AND EXECUTE A TWO -YEAR AUDIT CONTRACT WITH THE AUDIT FIRM OF RODRIGUEZ, TRUEBA & CO., P. A., WITH THE OPTION TO RENEW FOR ONE YEAR, IF SO DESIRED BY THE CITY, AND PROVIDING FOR AN EFFECTIVE DATE. Cost: The firm of Rodriguez Trueba & Co., PA, has proposed the fee of $35,525 for the Basic Financial Statements and $7,500 for the Federal and State Single Audits a total of $43,025 for each of the three year periods. The Firm of Sharpton, Brunson & Co., PA, proposed a fee of $55,000 for each of the three year periods. The Firm of Keefe, McCullough & Co., LLP, proposed a fee of $37,500 for 2007; $40,000 for 200$ and $42,500 for 2009. Backup Documentation: 11 RFP No. SM -FM FN0713 -2007 LI Keefe, McCullough & Co., LLP - Proposal ❑ Rodriguez, Trueba & Co., PA — Proposal Cl 8harpton, Brunson & Co., PA - Proposal $our South Miami a o$ 3µ k " CITY OF SOUTH MIAMI � IHC4RPOWiE7 - �t o sxa" OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM zom To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Man From: Eliza Rassi, Finance Director Date: October 30, 2007 Subject: Auditor Selection for 2007; 2008; & 2008 Background: Herewith, please find a brief history for the Auditor recommendation that 1 made to the Mayor & Commission on the meeting of October 16, 2007. On May 04, 2007 RFP FN2006107- SM0504 -2007 was placed in the Miami Daily Business Review to be opened on May 25, 2007. On May 25, 2007 City Clerk certified the receipt of only 1 RFP Bidder - Keefe, McCullough &Co., LLP. At such time I felt that it would be in the best interest of the City to reissue to RFP hoping to have a greater selection of firms and fee to compare from. Therefore on July 13, 2007 RFP SM- FN0713 -2007 was placed in the Miami Daily Business Review to be opened on' August 13, 2007.. Also a copy of the Request for Proposal was sent by Central Services to 28 local firms directly at my request and in order to notify as many firms as possible. On August 13, 2007 once again City Clerk certified the receipt of 2 RFP's — Rodriguez, Trueba & CO,, PA and Sharpton, Brunson & Co., PA. I merged the two RFP's to have three firms to choose from and intended to set up an internal committee to review and recommend a firm. However, due to the time of year, the most intense part of budgeting and the complexities of the new Tax Relief rules and requirements, I found it impossible to dedicate any substantial time to the Auditor Selection review. Auer the completion and' conclusion of the Budget Process and implementation of such Into the System, I reviewed and compared the three firms using the attached comparison guide to make my recommendation. After such review I have concluded that all Three are highly qualified and Would perform well the duties that we are requiring. All three have extensive years in business, qualified staff, experience, insurance and up to date licensing, In light of this - fee, location and current level of engagements became the final determinants for my recommendation. Backup Documentation: RFP No. FN2006107- SM0604 -2007 Certification of Publication RFP No FN2006107- SM0504 -2007 Public Opening Report RFP No SM- FN0713 -2007 Certification of Publication RFP No SM- FN0713 -2007 Public Opening Report List of Finns mailed RFP information Auditor Selection Comparison Contractor References T MIAMI DAILY BUSINESS REVIEW pubr,had 0akytatl`t =l Styat�uymsay, 0awdayond MIam1, MramFOada County, sadda STATE OF FLORIDA COUNTY OF MIAMI -OAAE: Before the undersigned alfift y POISOMMY appeared O.V. FERBEYRE, who On oath says thatbe or She Isiha SUPERVISOR, Legal Nollces of She Mlamf Daily Auslness ReviewflWa Mfamj Review, adally (except Saturday, Sunday and legal HoWays) newspepar, published at Mfamt in'MlamFDade County, Florida; that the attached copy of adveff"01004 being a Legal Advedfsement of Notice to the matter of CRY OF SOUTH MIAMI - REQUEST FOR PROPOSALS RFP NO. FN 2005107- SMOSO4.2007 intha XXXX Copt was published In said newapaperIn the Issues of 05/08/2007 Sworn to and subscribed before me this as day of MAY �A.D. 2007 {SFAt� O.V. FERBEYRE personalty known tome e0CWAH MOW .%Ikf�T Uycommisslon0A8385ba . MV.J*1e,2006' asst x�,•'X•<�.� v*�'���,L,�,nrt tr ✓tip RFP OPENING REPORT �'�e -BacT Estk�aaaBe: BID AMOUNTS! THE ABOVE RED ANOX)IM FdA� � ��� pis. THE BID TOTALS Ai S Ad2E SUBJECT TO CEDLtRECT16JPf 72 3AS HAVE BEEN CChl1h E k EY Y nwarrn.•rxaw•. City Clerk's Published Daily except Saturday. Sunday and Lagel tktidayyss Miami. Mlami-Dade Cwaty, Fiona STATE OF FLORIDA - COUNTy OF MIAMI -BADE: Before the undersigned authority personalty appeared O -V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of fire Miami Daily Business Review f(Wa Miami Review, adaliy (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -bade County, Florida; that the attached copy of advertisement, being o Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - RFP NO. SM- FN07i3 -2007 EXTERNAL AUDIT SERVICES in the XXXX Court, was published in said newspaper In the Issues of 07!1812007 Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published In sold Miamt-Dade County, modda, each and has been entered assecond class mall mattereai tha Holidays) office in Miami In said M)amihDade County, Florida, for a period of one year next preceding the first pubncation of the attached ass neither tthherpaid promised any person, firm or core ration any discount, rebate, COmMISSle` Or refund onolo the he Purpose of corudrr this advorthlawgrit a Pu bsaid Surom to and subscribed before me this J (SEAL) O.V. FERBEYRE personary known to me MAWALM ° NOTAHfPODi10 SFA7EOFi1,DR)DA Commission #DD29M58 Expires: MARCH 04, 2608 r.lY�' dry CtJ II The City of South Mlamf, Florida, hereinafter referred to -as City, will Suneet DriverlSouth Miami, Florida 35143, for furnishing the sswlees dssoflbed below: " E'X'TERNALAUDIT SERVICES nFp NO. S" -F"0713-2007 Sealed proposals must be recelvo(1 and timo stamped in by the Office of the City cleric, either by mail or hand delivery, no later than 3:0D P.M. local time an t andav A ust t3 2007. A pr6tic openktg w))I take place: at 3:05 P.M, In the City Chambers lonated at City Han on tbe'seme date. Any Proposals received after 3:00 P.M. local it= on said date will not be accepted underany dreumstances. Any ancartatnty regarding the time a Proposal is received will be resolved against the Proposer. Proposals are subject to the attached Standard'Tonns and Conditions contained CftyCierkeloMmM daythmugbP d yhom&.00 A.M to600 PeM, The City reserves the right to reject any or an Proposals, to waive any Informailties or irregularities In any proposals received, to re- advert for Proposals, to award in whole or in port one or ebarftO the Bost Or take am ottier such actrons that may kdaresisofthe City., City of South Miam), Florida 7fl3 07- S.6060919M aai7 and Seneedse free 9riro4in� VAM.aver/Xomre � Avig— ® S48®° Use Averya TEMPLMS 51600 1- &00- 4:3 ®- AVE6lY lam" .aufman Rassin &, Co. !699 S. Bayshore Drive 41ami, Florida 33133 3erkowitz Dick Pollack & Brant !00 S Biscayne Blvd. Aiaml, Florida 33131 3erson Preston Robinson & o., P.A. 366 71 Street Miami Beach; Fi 33141 viallah Furman & Co., P.A. L001 Brickell Bay Drive, 1400 giaml, Fl 33131 »aoldstein Lewin & Co, L900 N.W. Corporate Blvd 3te 300E, Boca Raton, Fl 33431 <och Reiss D. Co., P.A. 6700 Sheridian Street iollywood, Fl 33021 ?inchasik Strongin Muskat Stein 8c Co. 3225 Aviation Ave. Miami, Fl 33133 Kane 8& Co., P.A. 1101 Brickell Ave Miami, Fl 33131 ordan Castellon & Co 99 Ponce de Leon Blvd oral Gables, FI 33134 Property Owner / Resident SOUTH MIAMI, FL 33155 Rachlin Cohen & Holtz LLP 1 S.E. Third Ave Mlami,.Flonda 33133 RSM McGladrey /McGladrey & Pullen 1555 Palm Beach Lakes Blvd West Palm Beach, Fl 33401 CBIZ Accounting, Tax & Adv .p0 S. Biscayne Blvd„ Ste 830 Miami, Fl 33131 Goldstein Schechter Price 2121 Ponce de Leon Blvd Coral Gables, Fi 33134 Keefe McCullough & Co. LLP 6550 N. Federal Highwayr Suite 410, Ft. Lauderdale, Fl 33308 Sharpton Brunson & Co., P.A. 1 S.E. Third Ave., Ste 2100 Miami, Florida 33131 Templeton & Co. 222 Lake View Ave., Ste. 1200 West Palm Beach, Fi 33410 Friedman Cohen Taubman Co. F so. University Dr., No. 327 plantation, Ft. 33324 i Rodriguez Trueba and Co. '1985 N.W. 88 Court Miami, Florida 33172 Property Owner / Resident SOUTH MIAMI, FL 33155 Morrison Brown Argiz & Farra 1001 Brickell Bay Drive, 9t" Floor Miami Florida 33131 Grant Thornton LLP 270D S. Commerce Parkway, Ste 300, Weston, Fl 33331 Berenfeld Spritzer Schechter & Sheer 9655 S. Dixie Hwy, 3rd floor Miami, Fl 33156 baszkal Bolton LLP 2401 N.W. Boca Raton Blvd Boca Raton, Fi 33431 McKean Paul Chrycy Fletcher 6401 S.W. 87 Ave. Miami, Florida 33173 Bloom Gettis Abib Sliver Terron. 2601 S. Bayshore Dr Miami, Fl 33133 Ribotsky, Levine 8t Co. p01 N.E. 125 Street North Miami, Fi 331'61 Berkovits, Lago & Co. 8211 W. Broward Blvd „Ste 340 Ft, Lauderdale, Fl 33324 .aeWges 01 zzsilm raQ19l+C n1dAA�kAW2 I�Y/!e • ^ ^ ^'^'...... " "" ^ CITY Or SOUTH Mum AUDITOR SERVICES CUMYAK92SON $ OR RECOflZIU ENIDATION TO COW&MSSION ICrEPE RT&C SIIATtYTON AUIDIT TEAM CON SIT OF 2 ariner s; 1 Senior & 1 -2 Accountants p!p 2 art ar% 3 Senior p/T 5 administrative 1 Partner: t Sr. M t Audit Senior; 2 Staff COME14TE7CPERIENCE 35 Years k8 ears 22 years EYFERTENCE North Bay Villae city of Parkland South Miami 49 /30/02 SM Police Pension SeutitNGamiPubin Works &Purchasing_ Cityofplantation ' of Weston 09!;0/02 &09/30/03 SMCRA09 /30 /Ok &'02 opunuaWEP�rtwmenee review &om'94to'42 Town of Golden Beach City ofMmni Broward Coun Aviagon Ci a Doral Office of Tourism Miami Dade Cty. S/W WD Housing; Aviation City of West Miami Clerk of the Courts City of Swoetwater SF Water M9L Trt -Raft Hnusin Finance, Audror. o£Broward Coun CURRENT AUIDITS North Sa Vi11 e City of Parkland Broward Coun' Aviation City of Doral Office of Tourism Miami Dade Coy. S/W Ci of plantation City of Weston Clty of West Miami C[tyof Swectwafor Miami Dade Housin Waml Dade Aviation SP Wafer M . Clark of the Courts Sp Water Mgt. Tri -hail GASS 44IMPLEMNTATION New Pronouncemenes not ecifical addressed GASB 43, 44g 45 & 47 of not s ecificalty addressed Ok INSURANC E Ok CIS PEER REVIEW Yes A3 & K of OA No No LICENSES Ok Ok Ok SYEARIIISTORX DXSCIYLINARXACTION LITIGATION Yes N/A N/A Xes NIA N/A Yes N/A N/A IO YEAR HISTORY IDISCIYLIN" ACTION LITIGATION ye. N1A N/A Yes N/A NIA Xes N/A NIA WILL C ®ST INCLUIDE YEARROUNA>ASS9STANCE Yes i e5 Yes YEE'S 2007 2008 ' 2009 $37500 $40,064 $42,500 $43,025 $43,025 $43 025 $55,000 $55,000 $55,000 E ELIZA 6aur& 04 �'. v � • IN4OPPOMiW • F SBY7 toRxva Finance Department Contractor References Based on Experience, Ability and Financial Standing Keefe McCullough & Co CPA's is a potential contractor for the City of South Miami. It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. please rate the consultant as follows: 1— poor 2 — average 3 — above average 4- very good 5- excellent Reference given by: City of Plantation Mr HerberHerriman Finance Director Address: City /st/Zip. Telephone Bate , 40(7 NW 73ie Ave Plantation, FL 33137 9554- 797 -2202 Reference check conducted tby: Name:,"'Otk,\�-e Nl�vrE,.dE?i ��Gt�V2 5ca If you have any question about this form, please tail (3M663 -6343. 3 2 .3 4 5 Criteria A. Abili to tom fete ro'ect on time AT B. Abili to stay within the bud et y t C. Quality of work I1. Financial standin if a IYcable � f erience in their line of work Additional Comments (May indicate last project !transaction with contractor): Reference given by: City of Plantation Mr HerberHerriman Finance Director Address: City /st/Zip. Telephone Bate , 40(7 NW 73ie Ave Plantation, FL 33137 9554- 797 -2202 Reference check conducted tby: Name:,"'Otk,\�-e Nl�vrE,.dE?i ��Gt�V2 5ca If you have any question about this form, please tail (3M663 -6343. Savrg O� 2rJ, v � � INC9RYOMlA � �, {92i � LpgiD Finance Department Contractor References Based on Experience, Ability and Financial Standing Keefe McCullough & Co., CPA's is a potential contractor for the City of South Miami. It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: I — poor 2 •- average 3 — above average 4- very good 5- excellent Reference given by: Referencd check conducted by: city of Weston Name: Mr John R. FlintFlt� Address: City /St/Zip Telephone Date 2500 Weston Road Suite 101 Weston: FL 33331 954 -385 -2000 if you have any question about this form, please call (305)663 -6343. J R 1 2 3 4 5 'Criteria A. Ab�lily to com lets project on time l3. Ability to sta within the budget C. Quality of work D, Financial standin if a flcable E. E erience in their line of work Additional Comments (May indicate last project /transaction with contractor): Reference given by: Referencd check conducted by: city of Weston Name: Mr John R. FlintFlt� Address: City /St/Zip Telephone Date 2500 Weston Road Suite 101 Weston: FL 33331 954 -385 -2000 if you have any question about this form, please call (305)663 -6343. J R I B °UxA O� 'r�, N 9 V � IN40ttP0R9M � sz> �'taxtvr Finance Departnent Contractor References Based on Experience, .Ability and Financial Standing I Keefe McCullough & Co CPA's is a potential contractor for the City of South Miami. It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate.the consultant as follows: 1— poor 2 — average 3 — above average 4- very good 5- excellent Reference given by: Reference check conducted by: City of Parkland Name; Ms Judith C Kilgor FFinance Director Address: 6500 Parkside pave City /StIzip Parkland FL 33067 Telephone 954 -753 -5040 Date If yob have any question about-this form, please call (305)663 -6323. Ck 4A �!A\rr's %� �S�e'-k iJ 1 "j, i i\ 2 3 4 5 Criteria ZO chi Kit 1 dY C 1 < re�lcl a Z A. Ability to com fete ro'eet on time � ra B. Ability to stn within the bud et c �' � v 1 C. Quality of work a licable M1/)3 M 0 Additional Comments (May indicate last project /transaction with contractor). Reference given by: Reference check conducted by: City of Parkland Name; Ms Judith C Kilgor FFinance Director Address: 6500 Parkside pave City /StIzip Parkland FL 33067 Telephone 954 -753 -5040 Date If yob have any question about-this form, please call (305)663 -6323. Ck 4A �!A\rr's %� �S�e'-k iJ 1 "j, i sourx 04 �� .� v U � • INCOkPORATEO � ezv NCO nY4¢ Finance Department Contractor References Based on Experience, Ability and Financial Standing Sh ton Brunson & Co. P.A. CPA' & Business Consultants' is a potential contractor for the City of South Miami. it is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate yom prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1,–poor 2 – average. 3 – above average 4- very good S- excellent Reference given by: Office of Trade Tourism & Economics Ms WynelleWilsonChieAnalvt Address: Office of the Governor .Reference check conducted by: Name: `G_ kzIJ4 _,_,�- �'" 10,� '1 7o +iT.q-ri't tvfly, CiiylSf/Zip Tallahassee FL 32399 Telephone 850- 87 -21 1 Date °2 If you Have any question bout this form, please c 11(30 )663 -6343. 1 2 3 4 S Criteria to cam fete project on time _AI_AbWfX B. Ability to slay within the bud et C. Qua aity of work 2 1?. Financial stand' if a licable E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor }; 6�nt}CtL C� Wilt Reference given by: Office of Trade Tourism & Economics Ms WynelleWilsonChieAnalvt Address: Office of the Governor .Reference check conducted by: Name: `G_ kzIJ4 _,_,�- �'" 10,� '1 7o +iT.q-ri't tvfly, CiiylSf/Zip Tallahassee FL 32399 Telephone 850- 87 -21 1 Date °2 If you Have any question bout this form, please c 11(30 )663 -6343. f SouxB u� � INCPRPORRTID � � � 1929 � GpgtD Finance Department Contractor References Based on Experience, Ability and Financial Standing 9999922PF nson & Co P A. CPA' &Business Consultants is a potent ial contractor for the City of It is our practice to obtain references from'indivtduats and companies who have worked al contractor. The above company has included you andlor your company as a zefexence. atly appreciate your prompt response to the following inquiry as it applies to the natura nship with the company. Those that da not apply should be left blank. Pease rate the consultant as follows: 1— poor 2 — average 3 — above average 4- very good 5- excellent Reference given by: lviiami Dade County Ms Rachael Baum- Finance Director Address: City /St1Zip Miami _ FL Reference check conducted by: Dame: IZ't n,;2 i — . i 4 ltS� fb7 Telephone 305 375 245 Date If you have any question a ont this forne, please call (305663-6343. t0: 7,* A,':'l it, -4,M' . i 2 3 4 5 Criteria A. Abili to complete P ro'ect on time B. Ability to stay within . the bud et C. Quality of work D. ,Financial standinn if a lieahle E, E erience in their line of work Additional Comments (May indicate last project /transaction with contractor): Reference given by: lviiami Dade County Ms Rachael Baum- Finance Director Address: City /St1Zip Miami _ FL Reference check conducted by: Dame: IZ't n,;2 i — . i 4 ltS� fb7 Telephone 305 375 245 Date If you have any question a ont this forne, please call (305663-6343. t0: 7,* A,':'l it, -4,M' . 6aurfi F � V � INC9RPOVRFD � 1BZY FcaRXQ� Finance Department Contractor References ' Based on Experience, Ability and Financial Standing ShaTton Biimson & Co P A_. CPA' & Business Consultants is a potential contractor for the City of South Miami. It is our practice to obtain references from iindividuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1— poor 2 — average 3 — above average 4- very good 5- excellent Reference given by: Seuth Florida Water Met. Dist. Mr Paul Dumar Chief Financial Officer Address: City /Staip Refere check nducted'by: e:! i��s i 16 B, 1tj �_ =1D �', . bitrl Telephone 561682 6212 Date '2 Ifyou have any question about this form, please call (305)663 -6343. 1 2 3 4 5 Criteria A. Ability to cam lets. roject qn time B. Ability to sta within the budget., C. Quality of work D. Financial standin if a livable E. E erience % their sine of work Additional Comments (May indicate last project /transaction with contractor): Reference given by: Seuth Florida Water Met. Dist. Mr Paul Dumar Chief Financial Officer Address: City /Staip Refere check nducted'by: e:! i��s i 16 B, 1tj �_ =1D �', . bitrl Telephone 561682 6212 Date '2 Ifyou have any question about this form, please call (305)663 -6343. SpIIx& Oy err S q 3 v tNCORiOPAM 1927 t °nia Finance Department Contractor lte£erences' Based on Experience, Ability and 'Financial Standing F 7 Troche. & Co PA, CPA's zs a potential contractor for the City of South Miami. It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it -applies to the nature or your relationship with the company. Those that do not apply should be left blank.. Please rate the consultant as follows: 1— poor 2 — average 3 — above average 4- very good 5- excellent Reference given by: City of Miami Armando Blanco a iect Mauaeez Address: 444 SW 2ae Ave. City /SVQ Misr FI 33130 Telephone OS 416 042 Date if you have any question a an this form, please call (305)6 Reference check conducted by: 1 2 3 4 5 Criteria A. Abili to com late r Jell on time B. 'Abiii to sta within the budget C. QuaW of work D. Oftuancialstandin i£a licabla E. Ex erlence in their line of work Additional Comments (May indicate last projectltransaction with contractor)! Reference given by: City of Miami Armando Blanco a iect Mauaeez Address: 444 SW 2ae Ave. City /SVQ Misr FI 33130 Telephone OS 416 042 Date if you have any question a an this form, please call (305)6 Reference check conducted by: south F Y V �XGOkPORltEO � eaz> •�t0 a{9M Finance Department Contractor References Based on Experience, Ability and Financial Standing Rodriguez Trueba & Cc.. PA. CFA's is a potential contractor for the City 6f South Miami. It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company- Those that do not apply should be left blank. Please rate the consultant as follows: I — poor . 2 — average 3 — above average ' 4- very good 5- excellent Reference given by: Reference check conducted by: City of Donal--. Name: Mr. Randolph G White Finance Director Address: 8300 NW 53 Street #300 City(StlZip Dora/ FU 3178 ---t� Telephone 305- 0 Date 11 9 If you have any question a ut this form, please call (305)663.6343. 0d Am 12 3 4 5 Criferia A. AMIi to cam lete PWOject an time B. Ability to stay within the bud let C. Quality of work D. Financial standing (if a &cable i E. Experience in their line of work AdIditional Comm jents (May in leate last project /transaction with contractor): ICe1iC���3�$�L Reference given by: Reference check conducted by: City of Donal--. Name: Mr. Randolph G White Finance Director Address: 8300 NW 53 Street #300 City(StlZip Dora/ FU 3178 ---t� Telephone 305- 0 Date 11 9 If you have any question a ut this form, please call (305)663.6343. 0d Am t Finance Department Contractor References Based on Experience, Ability and Financial StandingJ�l Rodriguez Trueba & Co.. PA, CPA's is a potential contractor for the City of South Miami: It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has'included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1— poor 2 — average 3 — above average 4- very. good 5- excellent Reference given by: / Broward County Aviation Dept i/ Natallie Otto Assistant Director of Finance Address: 100 Aviation Blvd. Reference check conducted by: .Name: .s City /St/Zip Ft. Lauderdale, FL 33315 �� Cc7' 111094a) Telephone 954-34026 1Ya<. � D a t e ? i D 16 t 6 0 It you have any question about this form, please call (305663 -6343. 1 2 3 4 5 Criteria A: Ability to com fete pKoject on time B. Ability to sta y within the budget C. Quality of work l7. Financial standin if a livable) E. Experience In their line of work Additional Comments (May indicate Last project /transaction with contractor). Reference given by: / Broward County Aviation Dept i/ Natallie Otto Assistant Director of Finance Address: 100 Aviation Blvd. Reference check conducted by: .Name: .s City /St/Zip Ft. Lauderdale, FL 33315 �� Cc7' 111094a) Telephone 954-34026 1Ya<. � D a t e ? i D 16 t 6 0 It you have any question about this form, please call (305663 -6343. i I OmRrT C -� R6DRIGUEZ,TRUEBA & CO.,PA CERTIFIED PUBLIC ACCOUNTANTS November 15, 2007 Yvonne Soler - McKinley, City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mrs. Soler - McKinley: We (the "Firm ") are pleased to confirm our understanding of the services we are to provide the City of South Miami (the "City ") as of and for the years ending September 30, 2007 and 2008.. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements of the City as of and for the years ending September 20, 2007 and 2008. The document we submit to you will include the following supplementary information that is required under generally accepted accounting principles, but that will be subjected to certain limited procedures and will not be audited: I . Management's discussion and analysis. 2. Budgetary comparison schedules. 3. GASB required — Supplementary pension information (if required }. 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 upon . which we will provide an opinion in relation to the basic financial statements. 1. Combined and individual non major fund financial statements. 2. Schedule of expenditures of federal awards. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic the financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles (as defined in SAS No.69 'The Meaning of Present Fairly in Accordance with Generally Accepted Accounting Principles" as applicable) and to, report on the fairness of the additional information, referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on: irrramel 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 in accordance with Government Auditing Standards. Doral Otf0e:1995 NW 89th Court, sufe 101, DOW, FL 33172 • Phone: 30 &593 -2644 - Fax: 305. 593.0390 Miami Lakes Office:80 o NW 165th Reef, Suite 206, Miami Lakes, FL 33018 - Phoma: 305 7797120 • Fax: 305. 779 -1121 www.rtc- opa.com Member of thaAmerican institute of Certified PublicAecountants • Memberof the Florida lmUMe of Cedlfed PubticAccountants Letter to Yvonne Soler - McKinley City of South Miami, Florida Page 2 of 14 Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, 'Audits of States, Local Governments, and Non -. Profit Organizations." The reports on internal control and compliance will each include a statement that the report is intended for the information of the audit committee, the City Commission, management, specific legislative or regulatory bodies, federal and state awarding agencies and, if applicable, pass - through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A -133, Section 218.39 and 215.97, of the Florida Statutes, Chapter 10.350 of the'Rules of the Auditor General of the State of Florida and the Florida Single Act and will include tests of accounting records, a determination of major program(s) in accordance with Circular A -133, and other procedures we consider necessary to enable us to express an opinion and to render the required reports, if our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will 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. Management Resuonsibilities Management is' responsible for establishing ,and maintaining effective internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. 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 U.S. generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us, including any significant vendor relationships in which the vendor has the responsibility for program cormpliance.. 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. Letter to Yvonne Soler - McKinley City of South Miami, Florida Page 3 of 14 We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the-financial statements remains with the City. 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 the financial reporting and compliance, 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 confirming to us in the management 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 establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of financial position, changes in net assets, and cash flows in conformity with U.& generally accepted accounting principles. You are also responsible for management decisions and functions; for designating an individual with suitable skill, knowledge, or experience to oversee the tax services we provide; and for evaluating the adequacy and results of those services and accepting responsibility for them. . 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 or illegal acts affecting the City or its affiliates involving: (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of.any allegations of fraud or suspected fraud or illegal acts affecting the City or its affiliates received in. communications from employees, former employees, grantors, regulators, or others..ln addition, you are responsible for identifying and ensuring that the City complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, or violations of contracts or grant agreements, or abuse that we may report. Additionally, as required by OMB Circular A -133, it is management's responsibility to follow up and . take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review by the end of December of each year. Management is responsible for establishment and maintenance of a process for tracking the status of audit findings and recommendations, Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or Letter to Yvonne Soler - McKinley City of South Miami, Florida Page 4 of 14 - other engagements or studies. You are also responsible for providing malagemenfs views on our current findings, conclusions, and recommendations, "as well as your planned corrective actions, and the timing'and format related thereto. As part of our engagement, we will assist you with the presentation of your financial statements and supplementary information, schedule of expenditures of federal awards, and related notes. All auditing research and compilations, including the issuance of a management letter to the City staff shall occur by March 31"I of each auditing year. The draft audit shall be completed, and presented to the City Commission by the March'City Commission meeting. Failure to comply' with these internal deadlines shall constitute a material breach of this auditing.agrecment, and the City may seek all remedies available to it, including but not limited to hiring. another auditor to complete the audit, to ensure compliance 'with any filing deadlines. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have responsibility to be in a position in fact and appearance to make an informed 'Judgment on those financial statements. Further, you are required to designate a qualified management -level individual to be responsible and accountable for overseeing our services. Should we have any difficulties in receiving oversight by a City staff person, we shall provide within. five (5) days of the occurrence, written notice of such difficulties to the City Manager, so that the City shall have the time to cure any such lack of oversight. Despite anything to the contrary in this agreement, the Firm shall complete and submit the audit by March 31" for each audit year. 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 assurance about whether the financial statements are free of material misstatement, whether from (a) errors, (b) fraudulent financial reporting, (c) misappropriation of assets, or (d) violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City.. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. As required by the Single Audit Act Amendments of 1996 and OMB Circular A -133, our audit will include tests of transactions related to major federal award programs for oomplianm with applicable laws and regulations and the provisions of contracts and agreements. 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 or noncompliance may exist and not be detected by us. in addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. Letter to Yvonne Soler - McKinley City of South Miami, Florida Page 5 of 14 However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly,mconsequential. We will include such matters in the reports required for a Single Audit. 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'attomeys as part of the ,engagement; and: they may bill you'for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures - Internal Control In planning and performing our audit, we will consider the internal control sufficient to plan the audit nn order to determine the nature, timing and extent of our auditing procedures for the purpose of expressing our opinions on the City of South Miami's financial statements and on its compliance with requirements applicable to major programs. 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 performed 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. 'Pests of controls relative to the financial statements 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 intemal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A -133 and the Florida Single Audit Act, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we, consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the City's major federal award program and state projects. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A -133 or the Florida Single Audit Act. Letter to Yvonne Soler - McKinley City of South Miami, Florida Page 6 of 14 An audit is not designed to provide assurance on internal .control or to identify reportable conditions: However, we will inform the governing body (the City Commission) 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 entity's 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 non - reportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards, OMB Circular A -133, and the Florida Single Audit Act. As required by the single audit, we will issue the appropriate report on internal control and provide the City with a Schedule of Findings and Questioned Costs, if applicable. Audit Procedures - Compliance Our audit will be conducted in accordance with the standards referred to in the section titled Audit (7bjeciives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will nat be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A -133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the City has complied with applicable laws and regulations and the provisions of contracts and agreements applicable to major programs. Our procedures .will consist of the applicable procedures described in the OMB Circular A -133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of,those procedures, will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report compliance issued pursuant to OMB Circular A -133 and the Florida Single Audit Act, Audit Administration, Fees and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations requested and we will locate any invoices selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies of our reports to the City; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports and corrective action plan) along with the Data Letter to Yvonne Soler - McKinley City of South Miami, Florida Page 7 of 14 Collection Form to the designated federal clearinghouse and, if appropriate, to pass - through entities. we agree that the Dafa Collection Form and the reporting package shall be submitted within the earlier of 30 days after receipt of the auditors' reports or nine (9) months after:the end of the audit period, unless i longer, period is agreed to in advance by the cognizant of oversight . agency for audit. Failure to submit the auditor's report within the prescribed time'period shall be a material breach of this auditing agreement.. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this 'engagement is the property of our firm and constitutes confdential information. We shall maintain the records, confidential from any. of our other... clients and shall not disclose any information to third- persons, unless an exception is provided..: herein. Pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a cognizant or grantor agency or its designee, a federal agency providing direct or indirect funding, or the Government Accountability 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 .our personnel. Furthermore, upon, request, we may provide copies of selected audit documentation to the aforementioned parties (governmental agencies). These parties may intend,,or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the date the auditors' report is issued or for ally additional period requested by a cognizant agency, oversight agency for audit, or pass - through entity. If we are aware that a federal awarding agency, pass - through entity or City is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audits during September 2007, 2008, and 2009 and we will issue our reports no later than March 1, 2008 through 2010. Diu' fee for these services will be at our standard hourly rate, plus out -of- pocket costs (such as report reproduction, word. processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $35,525 for 2007 and 2008. The fee for the Federal and State Single Audit will approximate $7,500, but it may vary if programs and Federal Awards change materially from: the RFP. This is based on the single audit expenditures not exceeding two (2) million dollars. Our standard hourly. rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for theses fees will be rendered each month as work progresses and are payable on.presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. In the event either parties claims a breach of any term of this engagement, the Letter to Yvonne Soler- McYinley City of South Miami, Florida Page 8 of 14 dispute first shall be submitted to voluntary mediation. if this is uesuccessful,�then the dispute will be brought to binding arbitration conducted under the rules then prevailing with the American Arbitration Association in the County where the City is situated, and the judgment or award of the arbitration shall be binding and conclusive upon the parties and may be entered .in any court having proper jurisdiction. As part of the fee, we agree to meeti at their request, with the City Commission, individually, to obtain input from each of the individual Commission members, and prior to completion of the audit, shall advise each individual Commission members, whenever applicable, of the City's internal controls and whether there are any findings of any material noncompliance, material misstatements, or.reportable conditions. All such meetings shall take place prior to March 1"...of... .. the applicable year, and the issuance of the Management Response Letter. Additionally, we shall attend at least one City board meeting to present our audit report. Government Auditing Standards require that we provide you with a copy of our most recent extemal peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the agreement. our 2004 peer review report accompanies this letter. This engagement includes only those services specifically described in this letter. Appearances before judicial proceedings, government organizations such as the internal Revenue Service, or other regulatory bodies arising from this engagement will be billed to you separately. Additional services which you may request will be subject to arrangements made at the time requested. Indemnification The firm shall be liable and responsible for any and all damages to persons or property (hereinafter referred to as "loss "), and shall indemnify and hold harmless the City, its elected and appointed officials, and its employees, agents and representatives for the loss and any liabilities, claims, demands, actions, judgments, costs and reasonable expenses (including reasonable attorney fees) directly relating to the loss, if the loss was caused as a result of our firm's failure to satisfy its obligations under generally accepted auditing standards through negligence or error or omission of the firm or our employees, if any. The Auditor shall pay all claims and losses of ariy nature whatever rising there from, and shall defend all suits arising there from, in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon, except to the extent caused by the negligence of the City's officers or employees. During the . term of this agreement, our firm shall carry professional liability insurance coverage, which proof of insurance shall be incorporated by reference into this retainer agreement as Exhibit I. The City agrees that.ali records, documentation, and information requested in connection with the audit will be made available, that all material information will be disclosed and that the full cooperation of City personnel will be provided. As required by generally accepted auditing Letter to Yvonne Soler - McKinley City of South Miami, Florida Page 9 of 14 standards, specific inquiries will be made of management about the representations embodied in the financial statements, the effectiveness of the intemal.controls and the City's compliance with certain laws and regulations, and management will provide a representation letter about these matters. The responses to inquiries, the written representations, and the results of audit, tests comprise the evidential matter the auditors will rely upon in forming an opinion on the financial statements. Because of the importance of.management's representations to the effective performance of the audit services,.the City will release the firm and its personnel from any claims, liabilities, costs and expenses relating to their services under this agreement attributable to any misrepresentations in the representation letter referred to above. Insurance., . The City shall not be held liable or responsible for any claims which may result from acts, errors or omissions of the Finn or its subcontractors, or employecs. In reviewing, approving or rejecting any submissions or acts of the Firm, the City in no way assumes responsibility or liability for the acts, errors or omissions of the auditing firm or its subcontractors: The Firm. shall not commence work under this agreement until it has obtained all insurance required by the City. The Firm shall defend, indemnify and hold the City harmless from any and all claims, liability, losses, expenses and causes of action arising solely out of a negligent act, error, or omission or misconduct of the Firm, or the Firm's subcontractors, suppliers and laborers incident to the performance of the Firm's services under this agreement. The Firm shall pay all claims, losses, fines, penalties, costs and expenses of any nature whatsoever resulting from its intentional misconduct or negligence. The Firm shall maintain during the term of this agreement the following insurance: A. Comprehensive general liability insurance and professional liability hisurances with broad form endorsement,, including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision,. and personal injury and property damage liability with limits of $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. The policy or policies shall name City as additional insured and shall reflect the hold harmless provision contained herein. B. Workers' Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. C. The policies shall contain waiver of subrogation against the City where applicable and shall expressly provide that the policy or policies are primary over any other, insurance that the City may have. The City reserves the right to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. Letter to Yvonne Soler- McKinley City of South Miami, Florida Page 10 of 14 D. All of the insurance is to be placed with Best rated A -8 or better insurance . companies qualified -to do business under the laws of the State of Florida. The Firm shall furnish certificates of insurance to the City prior to the commencement of operations, a copy of this is provided at Exhibit 1. The certificates shall clearly indicate that the Firm has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without 30 days prior written notice to the City. Compliance with the foregoing requirements shall not relieve the FirAn of its liability and obligations under this agreement. Termination far Cause. Either party may terminate this agreement prior to the expiration of the initial term on account of a material breach of this agreement by the other party, which has not been cured within five (5) days from the date of receipt of written notice of breach from the party seeking. termination. Termination shall be effective as of the end of the notice period in the case of any uncured material breach. The City shall have no liability to the firm for future profits or losses in the event of termination for default. The rights and remedies of the City provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by. law or under this agreement. Should Finn provide the City with written notice of cancellation of agreement, Firm will be required to refund a pro -rata share of the compensation identified herein. Terminatioxi for the Convenience of the City The City may terminate this agreement at any time by giving thirty (30) days notice in writing to the Firm. if the agreement is terminated by the City as.provided herein, we shall be paid for the time provided and expenses incurred up to and including the termination date, as provided for in the retainenagreement. Only authorized time shall be reimbursed. Right to WI*hald If work identified under this engagement letter is not performed in accordance with the terms hereof, the City has the right to withhold any payment due to us, or any sums as the City may deem ample to protect it against loss, or to ensure payment of claims arising there from, and,,at its option, the City may apply such sums in such manner as the City may deem proper to secure itself or to satisfy such claims. The City will provide the Firm with ten (10) calendar days prior written notice in the event that it elects to exercise its right to withhold under this Section. Letter to Yvonne Soler- McYinley City of South Miami, Florida Page 11 of 14 Sovereitur Immunity and Attorneys' Fees The City does not waive sovereign immunity for any claim for breach of contract except to amount of the contract; provided, however, that in an action arising out of or to, enforce this agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs, including, but not limited to paralegal costs, and computer research costs. The City shall not be liable for the prejudgment interest, Sole Aureement This engagement letter and accompanying attachments constitute the $ole agreement between the parties hereto and no amendment, modification or waiver or any of the terms and conditions hereof shall be valid unless in writing. Any prior oral or written agreements shall not be considered apart. of this agreement. Notices All notices given or required hereunder shall be deemed sufficient if sent United States mail, postage prepaid, to the address of the firm and to the City specified in this Agreement, unless either party hereto shall specify to the other party a different address for the giving of such notices. Jurisdiction and Venue Florida law shall govern the terms of this engagement letter. if any term, covenant or condition of this engagement letter shall, to any extent, be invalid or unenforceable, the remainder of this letter, or application of such term, .covenant or conditionto persons or circumstances other than those as to which it is beld invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this letter shall be valid and enforced to the fullest extent permitted by law. Venue shall be in state or federal court within Miami -Dade County, Florida. Reeord Retention The Firm shall comply with Chapter 119; Florida Statutes, public record retention requirements and shall maintain a copy of all documents reflecting services rendered, including work papers, to City for at least five (5) years after the date the auditors' report is issued or for any additional period requested by a cognizant agency, oversight agency for audit, or pass - through entity, and final payment has been made and all other pending matters are closed. Further, the Firm shall be provided access to the City, to any government authority, or any other person pursuant to a public records request, to any books, documents, papers, and records which are directly pertinent to this audit retainer agreement for the purpose of making audit, examination, excerpts and transcriptions. Letter to Yvonne Soler - McKinley City of South Miami, Florida Page I2 of 14 Contin ea nn Fee And Code Of Ethics V5'arraniv The Firm warrants that neither it, nor any principal, employee, agent, representative or family member has promised to pay, and contractor has not, and will not, pay a fee. the amount of which is contingent upon the City awarding this agreement to contractor. The Firm warrants that neither it, nor any principal, .employee, agent, representative or family member has procured ox attempted to procure, this agreement in violation of any of the provisions of the Miami -Dadc County or the City of South Miami conflict of interest and code of ethics ordinances. A violation of this section will result in the termination of the agreement and forfeiture of funds paid,, or to be paid, to the contractor. The Firm maintains a drug free work place. Conflict of interest The Firm and its associates covenant that they have no interest and will not acquire any interest; direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this agreement. The Firm is to comply with the Copeland "Anti - Kickback" Act (18 U.S.C. 874), as supplemented in Department of Labor Regulations (29 CFR Part 3). Ton- Discrimination No person shall be excluded from participating in, be denied the proceeds of, or be subject to discrimination in the performance of this agreement on account of race, creed, color, sex, religion; age or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, lay -off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Miscellaneous Provision In the event a court must interpret any word or provision of this agreement, the word or provision shall not be construed against either party by reason of drafting or negotiating this auditor retainer agreement. Entire Contract This auditor retainer agreement, when signed by all of the parties, constitutes the full and complete understanding and agreement of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This agreement- and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts, agreements or understandings, oral or written, between the parties. in the event of any conflict, the terms of this agreement will govern over the provisions of any incorporated documents. Letter to Yvonne Soler - McKinley City of South Miami, Florida Page 13 of 14 Severability Should any section or any part of any section of this agreement be rendered void, .invalid or unenforceable by any court of law, for any reason, such determination shall not render void, invalid or unenforceable any other section or part of any section of this agreement Anti - Kickback Guaraniv We at the Firm certify that our principal officers and members do not have and have not had during any period covered by this audit any interest, direct or indirect, in the City or any of its members or officials. We at the Firm warrant that we have not employed any person to solicit or secure this engagement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the City the right to terminate this engagement, or, in its discretion, to deduct from our fee the amount of any such commission, percentage, brokerage, or contingent fee. AssirmabOY of Engagement We further affirm that we shall not assign or transfer any interest in this engagement except that claims for monies due or to become due from the City under this engagement may be assigned to a bank, trust company, or other financial institution. This letter constitutes the complete and exclusive statement of agreement between the Firm and the City, superseding all proposals oral or written and all other communication, with respect to the terms of the engagement between the parties. We appreciate the opportunity to be of service to the City of South Miami and believe this letter accurately summarizes the significant terms of our engagement. if you have any questions, please let us know. If this letter defines the arrangements as you understand them, please sign and date the enclosed copy'and retain it to us. Thank you for this opportunity to be of assistance. Very truly yours, Principal of Authorized Auditing Finn Name.. Carlos M, Trueba, CPA Rodriguez, Trueba & Co., CPA Letter to Yvonne Soler- MaXUnley City of South Miami, Florida Page 14 of 14 Enclosures RESPONSE: AGREED TO AND ACCEPTED: n Manager of South Miami Dated: —9/4-1 2007