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#09-5270 (Ernst & Young Amend)EXHIBIT A -5 Contract Amendment to Agreement #09 -5270 "Auditing Services for Collier County" This Amendment, dated a , 2013 to the above - referenced Agreement shall be by and between the parties to the original Agreemen Ernst & Young, LLP (to be referred to as "Auditor ") and Collier County, Florida, (to be referred to as "County "). Statement of Understanding RE: Agreement # 09 -5270 - "Auditing Services for Collier County" In order to continue the services provided for in Agreement # 09 -5270, the Auditor agrees to amend and extend the Agreement pursuant to Exhibit "A5 -A," including the attached Statement of Work, which is incorporated herein by reference. Changes to contract: In accordance with Section 4 of the above referenced contract, add "Grant process advisory services and best practice recommendations" as provided for in the attached Statement of Work, Exhibit A5 -A in an amount Not To Exceed One Hundred Thousand Dollars ($100,000.00). All other terms and conditions of the Agreement shall remain in force. IN WITNESS WHEREOF, the Auditor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: rn , 2013. AUDITOR: Ernst & Young, LLP By: 00 L -A AV- j John DiSai to, Executive Director Approved as to Form and Le 'ty: ,��� r, Scott R. Teach, Deputy County Attorney G OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RATE FINANCIAL AGEMENT SERVICES Isackson COUNTY MANAGER By: Leo Ochs DIRECTOR OF PURCHASING AND GENERAL SERVICES By: Joan Markie icz / � t,3 Exhibit A5 -A to Amendment 5 to Contract 09 -5270 Auditing Services for Collier County Statement of Work This Statement of Work (this "SOW "), is made by Ernst & Young LLP ( "we" or "EY" or "Auditor ") and Collier County ( "you" or "County "), pursuant to Contract #09 -5270 ( "Agreement "), between EY and the County of Collier. Except as otherwise set forth in this SOW, this SOW incorporates by reference, and is deemed to be a part of, the Agreement. The additional terms and conditions of this SOW shall apply only to the advisory Services covered by this SOW and not to Services covered by any other Statement of Work pursuant to the Agreement. Capitalized terms used, but not otherwise defined, in this SOW shall have the meanings in the Agreement, and references in the Agreement to "you" or "County" shall be deemed references to you. Scope of Services A summary of EY's services are as follows: Phase 1: Current County Grant Process Assessment Operational Assessment: The efficiency and effectiveness of contract and grant operations as relates to process, governance, monitoring and reporting. This scope of work entails conducting an analysis of the processes noted below and includes: a. Current business process models and requirements at the functional level for those activities involved in the key functional areas. b. Process flows and other visual representations as needed. c. Baseline performance metrics of the existing processes. The sub - processes included in the assessment of the contracts and grants process are: • Account Setup: establishing the fund and budget in the accounting system within the Post - Award function once the grant has been awarded to the institution. • Time & Effort Reporting_ capturing the amount of time personnel commit to each grant and the certification by those personnel that the percent of time and effort is correct. In addition, time and effort certifications are also required as evidence of meeting cost sharing requirements when the County has agreed to contribute all or a portion of an employee's salary to a sponsored project. • Purchasiniz: requisitioning goods or services, completing the required quote/bid process, selecting a vendor, and placing the order for the request. • Account Mana ement: periodic account maintenance as defined by the sponsor, OMB Circulars, and county - specific requirements. Billing & Drawdown: the method by which the county requests payments from the sponsor according to the contract or grant through a drawdown, advance, cost reimbursement, or flat invoice. • Reporting_ submitting information required by the sponsor, whether it is a federal, state, local, or private institution including programmatic reports, fiscal reports and equipment reports. • Account Closeout: all procedures necessary to close the contract or grant upon completion of project activities including sponsoring agency requirements, SAP responsibilities, payment of final invoice, submission of final report, and inactivation of the grant fund in the accounting system. We will validate findings and develop recommendations for improvement. These will include: a. Future county business process models and requirements at the functional level b. Proposed workflow diagrams, process flows and other visual as needed. C. Identification of opportunities for process improvement in relevant business areas including cross - functional process efficiencies. We will provide you with periodic progress updates and, at your request, meet with you periodically to review our results. We will prepare the following written Report': • Findings and Recommendation Report Limitations on scope We will not identify, address or correct any errors or defects in your computer systems, other devices or components thereof ( "Systems "), whether or not due to imprecise or ambiguous entry, storage, interpretation or processing or reporting of data. We will not be responsible for any defect or problem arising out of or related to data processing in any Systems. Your specific obligations In compliance with Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat.,you will not, and you will not permit others to, quote or refer to the Reports, any portion, summary or abstract thereof, or to EY or any other EY Firm, in any document filed or distributed in connection with (i) a purchase or sale of securities to which the United States or state securities laws ( "Securities Laws ") are applicable, or (ii) periodic reporting obligations under Securities Laws. You will not contend that any provisions of Securities Laws could invalidate any provision of this Agreement. "Reports" is defined in the General Terms and Conditions as including all information, advice, recommendations or other content of any reports, presentations or other communications we provide to you. Specific additional terms and conditions The Services are advisory in nature. EY will not render an assurance report or opinion under the Agreement, nor will the Services constitute an audit, review, examination, or other form of attestation as those terms are defined by the American Institute of Certified Public Accountants. None of the Services or any Reports will constitute any legal opinion or advice. We will not conduct a review to detect fraud or illegal acts. Notwithstanding anything to the contrary in the Agreement or this SOW, we do not assume any responsibility for any third -party products, programs or services, their performance or compliance with your specifications or otherwise. We will. base any comments or recommendations as to the functional or technical capabilities of any products in use or being considered by you solely on information provided by your vendors, directly or through you. We are not responsible for the completeness or accuracy of any such information or for confirming any of it. Where our written consent under the Agreement is required for you to disclose to a third party any of our Reports (other than Tax Advice), we will also require that third party to execute a letter substantially in the form of Appendix A to this SOW. You shall not, while we are performing the Services hereunder and for a period of twelve (12) months after they are completed, solicit for employment, or hire, any EY personnel involved in the performance of the Services, provided, that you may generally advertise available positions and hire EY personnel who either respond to such advertisements or who come to you on their own initiative without direct or indirect encouragement from you. Timetable Unless otherwise agreed upon in writing by the parties, we anticipate Phase 1 of our services to be substantially completed by June 30, 2013. E & Y staff will meet with County appointed staff three (3) times during the period of the engagement. The first meeting will be prior to beginning the engagement to discuss specific plans, staffing, and expected time - lines. A second briefing will be held one -half (1/2) way through the engagement to discuss progress, scope management and cost reviews. A final meeting will be at the end of the engagement to discuss deliverables. Contacts You have identified Mark Isackson as your contact with whom we should communicate about these Services. Your contact at EY for these Services will be AJ Desai. Fees Fees for Phase 1 are not to exceed one hundred thousand dollars ($100,000), and will be billed in accordance with the following hourly rates as per Exhibit B of Contract 09 -5270: Level Partner $ 395 Senior Manager $ 280 Manager $ 225 Senior $ 165 Staff $ 125