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Agenda 09/09-10/2008 Item #10A , Pg Recommendation the Board of County Commissioners approve t a ndent Certified Public Accountant services, in an amount not to exceed ,to etermlne If the Clerk is following the Board's direction (Resolution 2007-257) regarding Board Interest Income. (John Yonkosky) AGENDA ITEM No-... luA -, , sri 0 ~J 2008__ i 0+ i~ I foA Prepared By: Department Office of Management and Budget Date 9/2/2008 3:06:42 PM Approved By: Department Approval Cou nty Manager's Office Approved /' ,.A)ate 9/2/2008 4:45 PM ," " ATTACHMENTS: , -" ~" Name: Description: Type: Executive Summary Backup'Material Backup Material 1- ~ CPA QM~umm,,~.di Executive Summary i:l BllI'hlinJlii! Rachlin Back'up C Brock Letter 2007~25Lm:!f Letter to Dwight Brock ,~ N~~ SEF (' ~.' ;'0':': Pg '2.- -0"1 I S- EXECUTIVE SUMMARY Recommend the Board of County Commissioners approve the acquisition of Independent Certified Public Accountant services, in an amount not to exceed $25,000, to determine if the Clerk is following the Board's direction (Resolution 2007-257) regarding Board interest income. OBJECTIVE: To obtain authorization to acquire the services of an independent certified public accounting firm to determine if the Clerk is follOwing the Board's directions on the use of interest income and to determine the amount of unauthorized uses, transfers, and expenditures of the Boards interest income from October 1,2007 to August 31, 2008, based on Resolution 2007- 257. CONSIDERATIONS: At its June 24, 2008 meeting (Agenda Item 10 K), the Board was asked to approve the retention of an independent certified public accounting firm to determine if the Board's direction to the Clerk via Resolution 2007-257 was being followed. This approval included the determination of any unauthorized use, transfer and/or expenditure of the Board's interest. The Board Chair asked if the Clerk would be asked to provide the information and that the item be brought back to the Board before acquiring the auditing services. The County Manager agreed and the item was approved with a 5-0 vote. The Clerk was asked to provide the information (see attached letter, which was copied to the Board) on June 27, 2008, The Clerk has not responded to the request or acknowledged that he will provide the information. The Board, at the July 22, 2008 meeting (Agenda Item 15 E), authorized the County Manager to request quotes for the auditing services. Three responses were received and staff is recommending award of special auditing services to the certified public accounting firm of Rachlin, LLP. An engagement letter from Rachlin, LLP for these special auditing services is attached. As of August 28, 2008, the Clerk's accounting records indicates that $28,311,469.66 of interest earned on Board funds since October I, 2007 (the beginning of the current fiscal year) has been deposited into the Clerk's bank account. None of the $28,3 I 1,469.66 interest earnings has been returned to the Board. On August 26, 2008, the Clerk's General Fund Budget was amended by moving $3,552,500 from transfers (excess fees) to a new expenditure account. This expenditure account was titled "Bond Expenditure". On August 26, 2008, a withdrawal of $3,287,992.50 was made from the Clerk's bank account. An amount equal to this withdrawal was deposited with the Courts to satisf'y a court ordered bond. The receipt for this bond indicated a Clerk's service charge of $48, 592.50. Staff believes this service charge is overstated by $48,091.72 due to an accounting error by the Clerk. Of course; the Clerk's assets and liability (balance sheet) records are not visible to County staff. AGENDA ITEM NO_jOA- "fOoL> n~: ','t",o'1 ~, ',L/ j .ih Pg .3 ..-f- ( FISCAL IMPACT: It seems, as of August 28, 2008, $6,568,812.55 of the Boards' interest earnings has been spent by the Clerk. This includes the use of Board funds to pay the court ordered bond and the overpayment of court registry service charges. GROWTH MANAGEMENT IMPACT: There is no growth Management impact associated with this request. RECOMMENDATION: That the Collier County Board of County Commissioners approves the attached engagement letter with Rachlin, LLP for special auditing services, authorize the Chairman to execute the engagement letter and authorize a budget amendment for $25,000 from General Fund Reserves to determine, unequivocally, how much Board money has been used, transferred, and expended by the Clerk; and under what circumstances this occurred. PREPARED BY: James V. Mudd, County Manager 2 Rachlin aooountants. advisors A~DA iTcl\, No. D A- SEP :<: 20L( Pg 4-<::+ I July 31, 2008 Mr. Stephen y, Carnell, Director Collier County Purchasing 3301 Tamiami Trail East Naples, Florida 34112 Dear Mr. Carnell: SCODe and Back2round This letter confirms our understanding of your retention of Rachlin LLP (Rachlin) to provide certain agreed upon procedures (the Engagement or Report) to the Board of County Commissioners of Collier County ("the County"). The objective of this engagement is the expression of an opinion as to whether or not all interest earned on County Funds was properly credited and remitted to the Board on a monthly basis in accordance with Resolution 2007-257. The audit period will consist of the interest income earned on the funds of the Board of the County during the period from October 1, 2007 through August 31, 2008, and recorded in the financial records of the Clerk of the Circuit Court of Collier County. The Engagement will be prepared and issued in accordance with Generally Accepted Accounting Principles as promulgated by the American Institute of Certified Public Accountants and in accordance with Generally Accepted Government Auditing Standards as promulgated by the Comptroller General of the United States, and the County's Resolution 2000-257. We will complete this Special Audit as expeditiously as possible to present the findings to the County, Our Approach Phase I - Plannin! Through an initial phone meeting, we will: . Confirm our understanding of the County's assignment with a designated Staff member, . Identify the internal controls over the Clerk's cash activities, . Identify the respective cash accounts, financial institutions, and availability of Clerk accounting records and bank records to perform the procedures, . Specify any other necessary documents to complete the designated procedures, . Work with the Clerk of the Court of Collier County to coordinate our procedures so that there will be minimal disruption. W@ will also determine the most practical and effective way to analyze the information provided to generate the Report. ... Rachlin LLP . One Southeast Third Avenue. Tenth Floor. Miami, Florida 33131 . Phone 305.377.4228 . Fu J05.3n.8331 . www.rachlin.com An Jndependenf Member of Baker Tilly International .IA.. . Fa I' LAUDEI.ALE . WlIT 'ALM IIACR ;-.~~.;;. AGC}"Uf\~ "I. '::'i'.; No, (OA", SEP iJ!: :i Pg ,c;- i:lfJS-r Mr. Stephen Y. Carnell, Director Collier County Purchasing Page 2 Phase II - Execution of the Audit Procedures The following procedures will be performed: . Confirm and identify the custodial and concentration account(s) with the County, the Clerk, and the respective financial institution. . Confirm and identify all bank accounts and funds that are maintained, used and controlled by the Clerk and the respective financial institution. . Determine and identify in a schedule the amount of interest income received on a cash basis each month on Board investments that were held in a custodial account during the period from October 1, 2007 through August 31, 2008. . Determine and identify in a schedule the periodic allocation of interest income received as identified on a monthly basis. . Determine and identify in a schedule the dollar amount of interest income cash previously identified that was allocated to Fund Number 011, or any other fund maintained, used, and controlled by the Clerk. . Determine and identify by month in a schedule, the overnight interest earned on the Board's concentration account. Determine and identify if this overnight interest was returned to the Board's Concentration Account and recorded as interest income in the respective Board controlled funds participating in the Board's Concentration Account, . Determine and identify by month in a schedule, on a pro rata basis, the overnight interest earned on Revenue Account "3611BO", titled "Investment Interest", in Fund 011. Determine if this overnight interest was returned to the Board's Concentration Account and recorded as interest income in the respective 80ard controlled funds participating in the Board's Concentration Account. . Identify the amount of interest not returned to Board accounts on a monthly basis, . Identify the amount of interest earned on County funds that has been spent on costs to maintain the Clerk's operations in Fund 011 or any other fund maintained, used and controlled by the Clerk, Phase 11I- Evaluate Audit Results This phase includes a review of all procedures performed by the partner to ensure that testing and documentation support the conclusions reached, Phase IV - Issue SDecial ReDort In this phase of the Engagement, the engagement team will finalize the reports and our opinion to be given. We will review the Report with the County representative prior to issuance, and the engagement partners will be available to meet with County officials, as requested, to discuss the report and address any questions that arise. Rachlin accountants. advisors ._ ~c.t1",,~ Mr. Stephen Y. Carnell. DIrector Collier County Purchasing Page 3 AG",i\!Uh '~ No, D t SEP ,'" """,1" . '" :~. I" Y ., I_l,'" Pg 6.,{' I Our Report will contain the following items: . Rachlin's opinion as to whether or not all interest earned on County Funds was properly credited and remitted to the Board on a monthly basis in accordance with Resolution 2007.257. . A schedule of the amount of interest income received on a cash basis each month on Board investments that were held in a custodial account during the period from October 1, 2007 through August 31, 2008. . A schedule of the periodic allocation of the interest income received by the Clerk. The schedule will also identify total Interest income cash allocated, as well as the name and identifying number of any and all recipient Concentration Accounts, . A schedule of the dollar amount of interest income cash previously identified that was allocated to Fund Number 011, or any other fund maintained, used, and controlled by the Clerk. . A schedule of the overnight interest earned on the Board's concentration account by month, and the bank account the overnight interest was returned to, and what general ledger interest income account the concentration accounfs interest was recorded in. . A schedule, on a pro rata basis, the overnight interest earned by month on Revenue Account "3611BO", titled "Investment Interest", in Fund 011, the bank account the overnight interest was returned to, and what general ledger interest income account the concentration account's interest was recorded in. . Schedule of the amount of interest not returned to Board accounts on a monthly basis. . Schedule of the amount of interest earned on County funds that have been spent on costs to maintain the Clerk's operations in Fund 011 or any other fund maintained, used and controlled by the Clerk. . Any recommendations that we have to improve the County's internal controls or monitoring functions of the Clerk's activities. Proiect Schedule All work will be performed within the time frames required by the County. The Engagement will be completed and the Report will be presented to the County on an agreed upon date. We estimate that we can have our procedures completed in a period of two to three weeks, assuming the rapid availability of financial records from the respective financial institution(s) and from the Clerk for the relevant cash accounts. If we determine that the financial records are not available, we will coordinate any schedule revisions with the County representative. Reauest far InfDrmatlon You acknowledge that, to complete our engagement, we will need access to certain types of information that we previously identified in order to conduct our forensic reviews. You understand that it Is important for us to obtain this information in order complete our engagement in an efficient time period. Rachlin acoountants. advisors ;,~~""'" Mr. Stephen Y. Carnell, Director Collier County Purchasing Page 4 I AG--''''---'- . "Sf;, 'i$~';- '/ LpfI_t ~u& Jrl -..----.... --'..:.::-. EntraR'ement Team The proposed engagement audit partner, Marta Alfonso, will serve as the Engagement Partner and will have the responsibility for supervising the engagement and preparing the Report. We will use other professionals to complete the review given the skills, deadlines, and the levels of services required. We are prepared to start upon the execution of this engagement letter. Rachlin will provide communications to the County as necessary and as requested. ProDOsed Fee Schedule Rachlin proposes that the fees for the Engagement will range between $lS,ooo to $20,000, and $S,OOO out'of-pocket costs for reasonable out-of,pocket, travel and related expenses, in accordance with Section 112,061, Florida Statutes. These fees assume the rapid availability of financial records from the respective financial institution(s) and from the Clerk for the relevant cash accounts. If we determine that the financial records are not available, we will coordinate any fee impacts with the County representative prior to proceeding, if additional services are required or requested, these services will be billed at an average blended rate of $19S.OO per hour. Partner in charge Manager Staff $300 - 425 $200 - 280 $130 - 150 Additional Terms and Conditions We acknowledge your right to terminate our services at any time, and you acknowledge our right to resign at any time (including instances where, in our judgment, our independence has been impaired or we can no longer rely on the integrity of the County), subject in either case to our right to payment for charges incurred to the date of termination or resignation. You agree to indemnify and hold this firm, its partners, its directors and employees harmless from any and all liabilities, costs and expenses relating to this engagement, as well as expenses (and those of our legal counsel) incurred by reason of any action taken or committed to be taken by us in good faith. In no event will our firm be liable for incidental or consequential damages even if we have been advised of the possibility of such damages, subject to limitations per Section 768,28, Fiorida Statutes. it is our goal to maintain a constructive and positive relationship with you. If for any reason you are dissatisfied with the quality or costs of our services, please let us know so we can discuss and, hopefully, rectify the problem. Should we be unable to amicably resolve any such dispute, we believe a prompt and fair resolution, without the time and expense of formal court proceedings, would be in our mutual interests. To this end, we both agree that any controversy (including fee disputes and malpractice claims) we may have shall be submitted to binding arbitration to be conducted in Florida before the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules of the AAA. We both waive any right to bring a court action, or to have a jury trial, and agree that the party prevailing in any arbitration shall be entitled to recover from the non-prevailing party its reasonable attorney's fees and costs, including fees and costs, which might be incurred in litigation, related to the arbitration. Rachlin BeDDuntants . adYilllll'a - AG, eN, lJ., f ~,'lEt:- \i~.' No. .,0/ . SEP :\ ',' 7i'1"" " 1.'.'1 ~ pg1_i2f~/..) Mr. Slophen y, Cornell, Director Collier County Purtl1..lnl Pile 5 By acknowledging acceptance of the terms of this engagement, you represent and warrant that you have the authortty to employ our firm on the terms and conditions set forth herein. If the terms and conditions of this engaBement letter are in accordance with your undellltanding and meet with your approval, please slBn and date one copy of this letter In the space provided. Please forward the sicned engagement letter In the enclosed self-addressed envelope. We look forward to working with you. Very truly yours, RACIlUN UP ~tAu" I Jerry Chiocca Partner AGREED: This letter correctly sets forth the understanding of the County. By: Title: Date: Rachlin -....... r;--'-' ~, ,_.. \. :": ' . "," - A,GC','~.l" ',=",' No, I [) A I'" SEP I ,V," - '.~ /::' \,: i' pg~q ~f I,Sm I -. --~..._-~--' RACHLIN COHEN & HOLTZ LLP SCHEDULE OF HOURLY BILLING RATES Effective July 1, 2007 Partners $ 300 - 425 Principals $ 225 - 310 Managers $ 200 - 280 Supervisors $ 180 - 200 Seniors $140-170 Staff $ 130 - 150 Associates $ 115 - 150 Interns $ 75 -100 Invoices are generally re1Ulered monthly, inclusive of out -of "Pocket expenses for travel, toU caJJs, etc. Paynrent is due upon receipt of invoice. We reserve the right to stop work on cUents where an amount is 30 days or more past due. All bills that remain unpaid for more than 60 days will be subjeetto an annfUll interest charge, calculated lrrom the date of this statenrent. Rachlin aocountants-advlsors AGCj\w' 'r', d No, SEP .', CIIa...... 1?1025 RACHLLLP l' ,--' ACORDN CERTIFICATE OF L1ABll~~E~I~~~~~~MATTERDFINlJi:~ -. USllnsur.nce Sv.. 01 FL-CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 200 We.t Cyp.... Creek Road iI500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fori Lauderd.le. FL 33309 954 607_ INSURERS AFFORDING COVERAGE NAIC , ON....... INSURER A:. Hartford Fi,.. Inaurllnce Company 18682 Rachlln,LLP INSURER 8; Twtn City Fire lnaurance Company 29459 Alln: Hlld. Gilpin INSURERC; 1 S.E. 3rd Ave., 10th Floor INSURER D: MI.ml, FL 33131 INSURER E: _.____u---,. ~'~ -_.~ ~I ~S; COVERAGES THE POLICIES OF INSURANCE LISTED BEl.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUiREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WIlH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE P01.ICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, eXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE Of "BURANCl!! POlICY NUMBER '<>UCY ...noN '"'"" A ~EJW. UA8lUTY 21 UUNTE6709 05l01/0B 05101/09 EACH OCCURRENCE '1 000 000 jX. t==r~ERClAt. GENERAlllABlUTY OAMA.GE TO REtfTEO '300,000 f-- Cl.AlMS W.DE [!J OCCUR MEOEXP(N _~) .10000 r- PERSON...... 6 AOY INJURY .1 000 000 r- GENEAAl AGGREGATE .1 000 000 ~~ AGGREGATE L1WlT ""r~t PER: PRODUCTS. COMPIOP AGG S1 000 000 POliCY n .~ lOC A ~TOIlIOIIlE UAlILITY 21UUNTE6709 05101108 05101/09 COMBINED SINGLE LIMIT """"0 (ElKCidenl) '1,000,000 - - A.Ll OWNED AUTOS BOOIl Y INJURY (P..-pemlll! . SOiEDUlED AUTOS X HlAED AUTOS eOOllYIN.lURY X {P.reccldenlj . ~ NON--owNEO AUTOS PROPERTY DAMAGE: . (P...cd....l) =rUAmLrrY A.UTO ONLY - EA ACCIDENT I """"0 OTHER THAA EAACC . AUTO OfIILY: AGO . A EXCf.......LLA UA8ILJTY 21RHUTE6189 05101108 05101109 EACH OCCURRENCE .T 000 000 X OCCUR o CLAIMS WA,DE A.GGREGATE .7 000 000 . ~~cmlE . X RETENTlON .10000 . B WOItK!IlIIC~"ONAND 21WERW8227 01/01108 01/01109 XI,WCSTA.lU;,1 10TH- EMPLOYERS' UA&IUTY E.l. EACH A.CCIDENT .500 000 ANY PROPR1ETORIPARlNERlEXEClJTIVE DFFICERlUEMBEA EXQ.U0E07 e.l, DISEASE. EA. EMflLOYEE .500 000 g~~~~~Nto.v E.l, DISEASE. P'OLlCYLlMIT .500 000 OTHER OEBCRI'11OH Of OPEIlIA.TJOHI/I..OCATICINII WHICLU fEXCLUllON1 ADDEO BY ENDORSE-.n' I"'~cw. PROYlllON$ - Supplemental Name .... RCH Mangement Co., LLC Rachlin Foundation, Inc. Rachlin Flnllnclal StaHlng, LLC (See Attached De.criptlon.) CERTIFICATE HOLDER CANCELLATION Collier County Board of Commiuloners 3301 Tamlaml Trlll1 East Napl.., FL 33412 IHOULD NlV OF Tl4EABOVE DUCIUHD 'OUCIEI Ie CANCELLED 1El'0RE THE EXPiRATION DATE lHI!IteOf', THE II.UINClIHOU1'U!R WILL ~VOl't TO IIAIL -14- DAYIi WRITTEN NOTlCE TO THE CERTIFICATE HOLDDl: NAIlED TO 1HE L.lFT.1UT 'AlLURE TO 00 10 lHALl IIII'OIlE NO OIU~1lON OR LlA8lLrT'Y OF AMY KWD UPON THE INSUREIl fTaAGENTS OIl ACORD 25 (2001106) 1 013 M2812430/M2454187 FXCEU 8 ACORD CORPORATION 1888 "<<Ii,.:. N~GENrf)'}\ I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poIicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certiflC8te holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rIghts to the certiflC8te holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this tonn does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25-8 (2001/01) 2 of 3 1S2812430nM2.s4187 nE$ClU~eTION~Confltiued from Page 1~ AGEilirA II Ef\: ~:- I~~:;!~ Collier County Boarel of Comml..ioners are additional Insured with respects to General Uablllty f AMS 25.3 (2001/01) 3 of3 ts2812~1B7 I '~'."'lDr o~ ~ I il!~io.+l~ LEMME InSUflnce Irokers and Consult. Ills VERIFICATION OF INSURANCE ISSUED TO; Collier County Board of Commissioners 3301 Tamiami Trail East Naples, FL 34122 We, the undersigned Insurance Brokers, hereby verify that interstate Fire & Casualty Company and Liberty Mutual Insurance Company have issued the fOllowing described insurance, which is in force as of the date thereof- PROFESSIONAL L1ABIUIY INSURANCE NAME OF INSURED; Rachlin LLP and others as more fully described in the Policy. POLICY NUMBER; ACL-1000051 and PL3S437404002 PERIOD OF INSURANCE; 12;01 a.m, June 1, 2007 to 12;01 a.m. September 1, 2008 SUM INSURED; $10,000,000 Aggregate for the period of insurance including costs, charges and expenses excess of the applicable retention as stated in the policy. SUBJECT TO ALL TERMS, CONDITIONS AND LIMITATIONS OF THE POLICY This document is furnished to you as a matter of information only and is not insurance coverage. Only the formal policy and applicable endorsements offer a comprehensive review of the coverage in place, The issuance of this document does not make the person or organization to whom it is issued an additional insured, nor does it modify in any manner the contract of insurance between the Insured and the Insurer. Any amendment, change or extension of such contract can only be effected by specific endorsement attached thereto. Issued at Chicago, Illinois Lemme Insurance Group, Inc, Date; August 13, 2008 Per; tb-....dl~-(.A.- Executive Vice President Lemme lna:....n'e 6rDUp, IQ[.!3701 Algonquin Road I Suite 810 J Rolling MeiNIows ]ll60008! TeI..7 315 '100 I Fax 1.473856801 I www.lemml!.CDm .,<,- :;<;;;)..,,;. AGENt 11 EI\i' NO". ,.CA.{J SEt-', :' ", ':[1',.' p :/+) COLLIER COUNTY MANAGER'S OF~~' -"'-- 3301 East Tamiami Trail' Naples, Florida 34111. (239) 774,8383 . FAX (239) 774.4010 June 27, 20.0.8 Honorable Dwight E. Brock:' Clerk of the Circuit Court Collier County, Florida Dear Mr. Brock: The Board of County Commissioners (Board), at its June 24, 200.8 meeting, Agenda Item 10K, authorized the acquisition of auditing services to detennine if the Board's direction to its Clerk via Resolution 2007-257 concerning interest income on Board investments is being followed. A copy of the confonned resolution and the Executive Summary presented to the Bo!l1'(t is attached for your perusal. Mr. Grady's facsimile letter, dated June 20., 2008, to the Board Chairman and the Commissioners on your behalf stated that the Clerk "will fully cooperate in any audit". I trust that Mr. Grady's statement on your behalf is accurate. The scope of this audit will be limited to the following determination: has any interest income, from any source, earned on Board investments been used, transferred and/or expended in any manner that conflicts with the intent of Resolution 2007-257. County Management intends to engage the Board's external auditors Ernst & Young, LLP (E&Y) for this limited scope audit. E& Y will be used for the audit because they already have intimate knowledge of the investment process/activity used by the Cleric. They are familiar with the banking, services contract used by the Clerk and, the budgeting/accounting requirements of the State and the County as well as the SAP accounting software. The Board instructed me to inquire if the Clerk would provide the required infonnation to the County Manager; this action would avoid the cost of an audit. Please be aware that the Board wants to detennine if its direction to the Boards Clerk via Resolution 20.0.7-257 is being followed. It is a given fact that a part of Resolution 20.07- 257 is not being followed; I.e., interest income on Board funds, in its entirety, is not being returned to the Board On a monthly basis, Specifically, the infonnation needed. to determine if Resolution 200.7-257 is being adhered to follows: ,,~.>, I'~~:'rt~' I "pg-4-~i'j~ I. Please provide on a montbly accrual basis for FY 2008, the amount of interest - . income that has been earned on Board investments, including but not limited to overnight interest earned on the concentration account and interest earned on investments that resided or resides in the custodial account. 2. Please provide (not withstanding the fungible nature of money) on an accrual basis for FY 2008, the amount of Board interest income by month that has been spent on costs to maintain the Clerk's operations in Fund 0 11 or any other fund maintained, used and controlled by the Clerk. 3. Please identify by month for FY 2008 any interest income earned on Board funds that has been placed in any fund other that the Clerk's General Fund (011). If this has occurred, please identify how this interest is classified and in what fund. 4. Please provide on an accrual basis for each month in FY 2008, the amount of interest income earned on Board interest income. For specificity, the request is to identify compounding of interest earned on Board funds. For example, interest income earned on Board investments is deposited into the Clerk's General Fund . (011); this money earns interest nightly. Overnight interest earned on Board interest belongs to the Board. This compounding of interest should be identified as requested in the first sentence of this paragraph. 5. Please identify and provide on an accrual basis for each month in FY 2008, the overnight interest earned on the Boards concentration account. Please identify how this interest is classified and in what fund. Time is of the essence. Your attorney was asked, some time ago, to verify the numbers in our Budget Director's affidavits, previously filed with the Court. If the information requested "ill be provided in a timely, sufficiently detailed and factual manner, the pain and cost of an audit may be avoided. Please provide this information no later than Wednesday, July 9, 2008, Tbe information outlined above will form the nucleus of the limited scope audit, should you choose not to provide the requested documentation. Scope definition with E&Y will commence on Wednesday, July 9, 2008. This is necessary so the Board can approve and the Chairman can execute the audit contract after the Boards July 22, 2008 meeting. My intent is to provide the audit report to the Board in September, 2008. ~~~-4 James V. Mudd County Manager CC: Board of County Commissioners