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Agenda 06/28/2011 Item #16J6 6/28/2011 Item 16.J.6. EXECUTIVE SUMMARY To obtain Board approval for year two (2) of Contract #09-5270, "Auditing Services for Collier County", with Ernst and Young LLP, in order to provide for fiscal year 2011 external audit and authorize corresponding payment of $592,250 for services. OBJECTIVE: To provide annual auditing services for the County as required by Florida Statute 218.39. CONSIDERATIONS: The selection of Ernst and Young LLP for contract #09-5270 was in compliance with the provisions outlined in Chapter 11.45, Florida Statutes. On June 22, 2010, Item 16(1)6 the Board approved entering into Contract #09-5270 with Ernst and Young LLP, Contract #09- 5270 awarded a three year auditing services contract for Collier County to Ernst and Young LLP, with two (2) one (1) year extensions. This request begins the 2011 audit process, including interim audit services. Section 4 of Agreement #09,5270 outlines contract price escalations of the lesser of South Urban Consumer Price Index based on the previous twelve months, or 3.0%, for the FY -2011 and 2012 audits. The South Urban Consumer Price Index increased by 3.4% over the twelve months ended April 2011. The proposed amount of$592,250 is 3.0% more than the FY-2010 audit cost of$575,000. The proposed amount includes costs of up to twenty major grant program audits. Should the number of major grant programs exceed twenty the contract states that additional programs will be billed at $7,725 per program. For purposes of comparison, there were 13 major programs in FY-201 O. Funds will be encumbered in the amount of $592,250 during FY -2011, as interim services will begin prior to the fiscal 2011 year end, and unspent amounts will roll forward into FY-2012 as the audit progresses. The majority of the $592,250 will be paid during FY-20l2, The payments made in the subsequent fiscal year will not exceed contracted amounts, and the Board will be informed by executive summary if the number of major programs audited exceeds twenty in FY-201]. FISCAL IMPACT: Budget of $592.250 is available in the General Fund, in the "Other General attd Administrative" fund center, line item '.County-Wide Auditing". No budget amendment is required. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: This item has been reviewed and approvcd by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval-SRT, RECOMMENDATION: That the Board of County Commissioners approves the second year of Contract #09-5270 with Ernst and Young LLP for FY,2011 audit services in the amount of $592,250. Prepared By: Derek M, Johnssen, General Accounting Manager, Office of the Clerk of the Circuit Court Packet Page -1694- 6/28/2011 Item 16.J.6, COLLIER COUNTY Board of County Commissioners Item Number: 16.J.6. Item Summary: To obtain Board approval for year two (2) of Contract #09,5270, "Auditing Services for Collier County", with Ernst and Young LLP, in order to provide for fiscal year 2011 external audit and authorize corresponding payment of $592,250 for services. Meeting Date: 6/28/2011 Prepared By Name: JohnssenDerek Title: VALUE MISS]NG 6/2012011 1:21:48 PM Submitted by Title: VALUE MISSING Name: JohnssenDerek 6/2012011 1:21 :50 PM Approved By Name: KinzelCrystal Date: 6/21/20112:04:25 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/211201] 2:39:07 PM Packet Page -1695- 6/28/2011 Item 16.J.6, CHANGE ORDER CHANGE ORDER NO, 1 CONTRACT NO. 09,5270 BCC Date: 6/2211 0 Agenda Item: _J6J6 TO: Emst & Young LLP Attn: Mr. Thomas Bradlev 5100 Town Center Circle Suite 500 Boca Raton. FL 33486 Under our AGREEMENT dated _June 22, 20] 0 In accordance with Section 4 of the Agreement, you hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Add Exhibit A, Payment Milestones and Schedule for Auditing Services for Collier County for Fiscal Year 20] ], herebly attached and incorporated by reference. FOR THE (Additive) Sum of: five hundred ninety two thousand two hundred fifty dollars ($592,250). Original Agreement Amount $575,000 Sum of Previous Changes $ -0- This Change Order add $592,250 Present Agreement Amount $ 1,167,250.00 The time for completion shall be as per attached Exhibit A due to this Change Order. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be perfom1ed subject to all the same tenns and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Auditor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,2011 CONTRACTOR: Emst & Young LLP OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Derek Johnssen, Project Manager Type Name of Signator DEPARTMENT D]RECTOR By: Crystal Kinzel Packet Page -1696- 6/28/2011 Item 16.J.6. PROCUREMENT STRATEGIST By: Lyn M. Wood Date: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLlER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Fred W. Coyle, Chainnan Approved As To Form and Legal Sufficiency: Deputy County Attorney Print Name: Scott Teach 09-5270 - Annual Auditing Services Change Order # 1 - Page 2 2 Packet Page ,1697, 6/28/2011 Item 16.J.6, EXHIBIT A \,\ \\1\\\\ I , 11111111111111111111I11111111111'"'''''''''' !€!I ERNST & YOUNG Attachment: Basis of Compensation and Billing Schedule 1. For the Services provided for in the Agreement #09,5270 and the related Addendum #1 herein, the County agrees to make the lump sum payments to Auditor in accordance with the terms stated below. Auditor will invoice the County in accordance with the following Schedule, and payment shall be made in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act." Payment of any particular line item noted below shall not be due until all services associated with any such line item have been substantially completed to County's reasonable satisfaction. 2. Payments for Additional Services of Auditor will be in accordance with the terms outlined in Article 4 of the Agreement #09-5270 and the related change order. Task] Meet with executives and financial $ 5,150 Upon completion of July management to co-develop expectations. all items associated Conduct planning meetings, develop detailed with Task 1. audit plan. Attend Audit Committee Meeting; begin interim fieldwork (understanding and I testing of internal controls and systems). Begin single audit planning and interim I testing. Task 2 Significant completion of control testing, risk $ ] 23,600 I Upon completion of November assessments and audit planning. aU items associated I Constitutional Officer General Ledgers with Task 2. provided to the auditors. Begin performance of substantive testing of account balances, I Task 3 Significant completion of fieldwork of $ 123,600 I Upon completion of November- Constitutional Officers. Review of I all items associated December Constitutional Financial Statements and with Task 3. conduct exit interviews on Constitutional Statements December 1,] 5, 2011. Begin performance of substantive testing of account balances - Board of County Commissioners General Ledger provided December 12, 2011. Continue single audit testing. Addendum #1 to Agreement #09.5270 Collier County, Florida Page] of 6- 1105-1260101 ;.. ,,,e~'t"" '".",,;;f Ems: $. YClInG GlQ"al L'm';",d Packet Page -1698- 6/28/2011 Item 16.J.6, 11111111111111111111111111111111111,,'" go ERNST & YOUNG Task 4 January , Task 5 February , Board financial statement audit significantly $ 154,500 complete. Single audit significantly complete. The Clerk of Courts oversees preparation of draft financial statements, notes and required supplemental schedules and statistical data. First draft of financial statements to auditors January 20, 2012. Second draft to auditors one week after review. Issue opinion on Comprehensive Annual $ 185,400 Financial Report (CAFR), including all Constitutional Officer reports. Issue all other required reports, including single audit. Present CAFR to the Board. Completion and delivery of all other required reports, including single audit and data collection reportS on February 28, 2012. Total Fee* (Total Items 1,5) $ 592.250 Upon completion of all items associated with Task 4. Upon completion of all items associated with Task 5. . Should the number of the County's grant programs required to be audited as major exceed twenty (20) programs, our fee for such additional major programs will be seven thousand, seven hundred twenty-five dollars ($ 7,725,00) per program and the amount of the last billing will be adjusted accordingly by change order, Additionally, our fee to perform and issue a report on Agreed Upon Procedures related to the Sheriff's Investigative Funds will be seven thousand, two hundred ten dollars (S7,21000) if the major grant programs exceed twenty (20); otherwise, the Sheriff's Investigative Funds will be included under the major programs within the agreement, the amount of the last bil1ing to be adjusted accordingly by change order. This schedule of performance is based upon the County's personnel providing a reasonable level of client assistance as well as the County's records being reasonably maintained. Should the Auditor's assumptions with respect to the condition of the records, degree of cooperation, or other matters beyond Auditor's reasonable control require additional commltments by Auditor beyond those upon which this schedule is based. Auditor reserves the right to adjust planned completion dates with the County in v.rriling. Addendum #1 to Agreement rt09.5':;-::0 Cvllier COU!l1)'. F]nrid3 P-~ge 2 of6--11C5-126010i .~ '~t'rr',CN lore_ 0: :.rrd & M"n~ ':;;C'~'d, ~.rH"t~r Packet Page ,1699- 6/28/2011 Item 16.J.6, '9gcL ~i~ , ~ ~ ~l6 '\ ' \v:: THIS AGREEMENT, made and entered into on this 2Z,Jb day of UllNf,. 2010, by and betWeen Ernst & Young LLP, whose address is 5100 Town Center Circle, Suite 500, Boca Raton, Florida, 33486, hereinafter called the "Auditor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": "Annual Auditinl! Services" '1P10 (.,\'ttl I A G R E E MEN T #09-5270 WI TN ESSETH: 1. COMMENCEMENT. The Auditor shall commence the work upon execution of this Agreement and upon issuance of a Purchase Order, The initial contract shall be for a three (3) year period, commencing on July 1,2010 and terminating on June 30, 2013. The County, at its discretion, and with the consent of the Auditor, shall have the option to request renewal for two (2) additional one (1) year periods. . 2. STATEMENT OF WORK. The Auditor shall provide Auditing Services for Collier County in accordance with the terms and conditions of this Agreement, incorporating all attachments and exhibits hereto. This Agreement will include auditing services for other County departments, as well as additional related services as required and mutually agreed upon by County and Auditor in writing. Additional services shall be evidenced by an Amendment to this Agreement, 3. SCHEDULE. The Auditor agrees to complete the services as required pursuant to this Agreement within the time period(s) established by mutual written agreement between Auditor and the Finance Director, or her designee, for completion of the various tasks of the project (see Exhibit C - Basis of Compensation and Schedule). 4. THE CONTRACT SUM, The County shall pay the Auditor for the performance of this Agreement a maximum lump sum amount of five hundred seventy-five thousand dollars ($575,000.00) for the 2010 audit. This amount is based on the Auditor's proposal, subject to written Change Orders for the addition of seven thousand five hundred dollars ($7,500.00) each for the audit of major programs in excess of twenty (20), only as approved in advance by the County. Additionally. Auditor's fee to perform and issue a report on Agreed Upon Procedures related to the Sheriff's Investigative Funds will be $7,000 if the major grant programs exceed twenty (20), otherwise the Sheriff's Investigative Funds will be included under the major programs within the agreement. Payment for the subsequent audits, Years 20 II and 2012, and future audits, will be based on the lesser of the South Urban Consumer Price Index (CPI) based on the previous twelve (12) months over prior year, or three percent (3%) as evidenced in writing between the County and the Auditor, The cost for auditing and additional related services for other County departments will be the result of mutual negotiation based on Agreement 09-5270 Annual Auditing SeNice. Page I of 19 Packet Page -1700- 6/28/2011 Item 16.J.6. individual departmental requirements, and agreed upon in writing by County and Auditor. The Auditor shall provide a fee estimate for written approval by the County based on the additional audit effort required, at the hourly billing rates identified in Exhibit B: 5. COMPENSATION. Payments shall be made to the Auditor in accordance with Exhibit C- Basis of Compensation and Schedule, attached hereto and made a part hereof by reference. Payments shall be made not more frequently than once per month, Payment will be made upon receipt of a proper invoice and in compliance with Section 218, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act". Compensation for future year audits will be mutually agreed to by the County and the Auditor in writing, 6. NOTICES. All notices from the County to the Auditor shall be deemed duly served if mailed or faxed to the Auditor at the following address: Mr. Thomas J. Bradley, CPA Ernst & Young LLP 5]00 Town Center Circle, Suite 500 Boca Raton, FL, 33486 Telephone: 561,995-8013 Fax: 954,561,8200 All Notices from the Auditor to the County shall be deemed duly served if mailed, Faxed or emailed to the County to: Stephen Y. Carnell Purchasing/General Services Director Collier County Government Center Purchasing Department - Purchasing Building 330] Tamiami Trail, East Naples, Florida 34112 Telephone: 239,252-8407 Fax: 239,252-6584 Email: stevecarnel1@colliergov.net The Auditor and the County may change the above mailing addresses and fax numbers at any time upon giving the other party written notification. All notices under this Agreement must be in writing, 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Auditor or to constitute the Auditor as an agent of the County. Agreement #09.5270 Annual Auditing Services Page 2 of 19 Packet Page -1701- 6/28/2011 Item 16.J.6, 8, PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats., all permits necessary for the prosecution of the Work shall be obtained by the Auditor. Payment.for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Auditor. The Auditor shall also be solely responsible for payment of any and all taxes levied on the Auditor. In addition, the Auditor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted, The Auditor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Auditor. 9. NO IMPROPER USE. The Auditor will not use, or suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Auditor or if the County or its authorized representative shall deem any conduct on the part of the Auditor to be objectionable or improper, the County shall have the right to suspend the contract of the Auditor. Should the Auditor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Auditor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County, 10, TERMINATION. Should the Auditor be found to have failed to perform his services in a manner reasonably satisfactory to the County as per the requirements of this Agreement, the County may tenninate said agreement for cause if the Auditor fails to cure such breach within fifteen (15) business days' notice of such breach; further the County may tenninate this Agreement for convenience with a thirty (30) day written notice. The County shall pay for all professional fees for Services and expenses incurred by the Auditor through the effective day of any termination, but Auditor shall not be entitled to any other or further recovery against County, including, but not limited to, anticipated fees or profits on Services not required to be performed. Auditor must mitigate all such costs to the greatest extent reasonably possible, 11. NO DISCRIMINATION. The Auditor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12, INSURANCE. The Auditor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage sha1I have minimum limits of $1,000,000 Per Occurrence. Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; lndependent Consultants; Products and Completed Operations and Contractual Liability . B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimwn limit of $500,000 for each accident. Agreement #09,5270 Annual Auditing Services Page 3 of 19 Packet Page -1702- 6/28/2011 Item 16.J.6, C. Automobile Liabilitv: Coverage shall have minimum limits of $500,000. D. Professional Liabilitv: Coverage shall have minimum limits of$I,OOO,OOO. Special Reauirements: Collier County shall be listed as the Certificate Holder and included as an Additionallnsnred on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Auditor during the duration of this Agreement Renewal certificates shall be sent to the County ten (10) days prior to any expiration date upon written request by County, There shall be a thirty (30) day notification to 'the County in the event of cancellation or modification from the amounts specified above of any stipulated insurance coverage, Auditor shall insure that all subconsultants comply with the same insurance requirements that he is required to meet. The same Auditor shall provide County with certificates of insurance meeting the required insurance provisions. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Auditor shall indemnify and hold harmless Collier County, its officers and employees from any and all third party liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, relating to bodily injury or tangible property damage to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Auditor or anyone employed or utilized by the Auditor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph, This section does not pertain to any incident to the extent resulting from the negligence of Collier County. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Clerk of Courts Finance Division. 15, COMPONENT PARTS OF THIS CONTRACT. This Contract consists ofthe attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A - Dispute Resolution Procedures, Exhibit B - Auditor's Engagement Letter, Exhibit C - Basis of Compensation and Schedule, and Insurance Certificate. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter I 12, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from Agreement #09-5270 Annual Auditing Services Page 4 of 19 Packet Page -1703, Gi 6/28/2011 Item 16.J.6. contact with County staff for a specified period of time; b. Prohibition by the individual and/or finn from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. ]8. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Auditor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of] 986 as located at 8 U,S.C. ] 324, et seq. and regulations relating thereto, as either may be amended, Failure by the Auditor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. ]9. DISPUTE RESOLUTION: Except for a claim limited solely to seeking nOD,monetary or equitable relief, any dispute or claim arising out of or relating to the Auditing Services, this Agreement, or any other services provided by or on behalf of the Auditor or any of its subAuditors or agents to the County or at the County's request (including any matter involving any third party for whose benefit any such services are provided), shall be resolved by mediation or arbitration as set forth in Exhibit A - Dispute Resolution Procedures attached hereto and made a part hereof by reference. Judgment on any arbitration award may be entered in any court having jurisdiction. 20, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AUTHORITY TO EXECUTE. By signing below, the parties confirm that the execution of this Agreement has been duly authorized by its respective entities and that the parties signing below are authorized to sign the agreement on behalf of such entity, 22. KEY PERSONNELIPROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utiliZed in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (I) Proposed replacements have substantially the same or better qualifications andlor experience. (2) that the County is notified in writing as far in advance as possible. Finn shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Agreement #09-5270 Annual Auditing Services Page 5 of 19 Packet Page -1704- ~ ( . L_., 6/28/2011 Item 16.J.6. 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 and year fITst above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . - ) ~ ~ r . ,)" ,,'.. [.." ' ,At." !t:'t..'~'-I.":,.. <fi/ ' '19liil~.="''''''!: ..~~" 1 "'~'illf','<t<I.",' ""."",:.:"'.' BY:~W. ~ Fred W. Coyle, Chainnan ,\. ,t" ERNST & YOUNG LLP Auditor ~i~~s2s1M- Byl1~ Signature -!4J~n SilVA. TIype/print witness namei 0,/Z; g~ Second Witness &..vc..f4c. P'oIcrof'h 1'Type/print witness name i Th()1Y\~s. E>fCl41ej fa.(4t!er Typed signature and title I Approved as to fonn and legal sufficitncy + tp Collier County: ~~ ~co~"A Agreement #09-5270 Annual Auditing Services Page 6 of 19 Packet Page -1705, 6/28/2011 Item 16.J.6. Exhibit A Dispute Resolution Procedures MediDti'J11 A party shall submit a dispute to mediation by written notice to the other party or parties. The mediator shall be selected by the parties. If the parties cannot agree on a mediator, the International Institute for Conflict Prevention and Resolution ("CPR") shall designate a mediator at the request of a party. Any mediator must be acceptable to all parties and must conlinn in writing that he or she is not, and will not become during the ternl of the mediation, an employee, partner, executive officer, director or substantial equity owner of any E& Y audit client. The mediator shall conduct the mediation as helshe detennines, with the agreement of the parties. The parties shall discuss their differences in good faith and attempt, with the mediator'S assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be conlidential. The mediator may not testifY for either party in any later proceeding relating to the dispute. The mediation proceedings shall not be recorded or transcribed. Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. If the parties have not resolved a dispute within ninety (90) days after written notice beginning mediation (or a longer period, if the parties agree to extend the mediation), the mediation shall tenninate and the 'dispute shall be settled by arbitration. In addition, if a party initiates litigation, arbitration, or other binding dispute resolution process without initiating mediation, or before the mediation process has tenninated, an opposing party may deem the mediation requirement to have been waived and may proceed with arbitration, Arbitration The arbitration will be conducted in accordance with the procedures in this document and the relevant rules as provided below as in effect on the date of the Agreement ("Ru]es"), or such other rules and procedures as the parties may agree. In the event of a conflict, the provisions of this document will control. Every arbitration of a dispute involving an amount in controversy of live hundred thousand dollars ($500,000) or less shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the Expedited Procedures set forth below, by one arbitrator, to be selected in accordance with the Rules, who shall be independent, impartial and neutral with respect to the parties and the subject matter submitted for arbitration, A sole arbitrator shall have no power to award any amount in excess of five hundred thousand dollars ($500,000) (exclusive of interest, costs, and any attorneys' fees that may be applicable). By submitting a claim to arbitration before a sole arbitrator, the parties waive any right to a recovery in any forum in excess of five hundred thousand dollars ($500,000) (exclusive of interests, costs, and any attorneys fees that may be applicable). Such arbitration shall be conducted in accordance with the expedited procedures below. Every arbitration of a dispute involving an amount in controversy of more than live hundred thousand dollars ($500,000) shall be conducted in accordance with the Rules for Non-Administered Arbitration of CPR, by a pane] of three arbitrators, to be selected in accordance with the screened selection process provided in the Rules. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of any of these procedures, shall be governed by the Federal Arbitration Act and resolved by the arbitrator(s). No potential arbitrator may be appointed unless he or she has agreed in writing to these procedures and has confirmed in writing that he or she is not, and will not become during the tenn of the arbitration, an employee, partner, executive officer, director or substantial equity owner of any E&Y audit client. Agreement #09,5270 Annual Auditing Services Page 7 of 19 Packet Page -1706- - G1. 6/28/2011 Item 16.J.6. ~.;.,.,y The arbitrator or arbitration pane] shall have no power to award non,monetary or equitable relief of any sort or to make an award or impose a remedy that (i) is inconsistent with the agreement to which these procedures are attached or any other agreement relevant to the dispute, or (ii) could not be made or imposed by a court deciding the matter in the same jurisdiction, Discovery shall be permitted in connection with the arbitration only to the extent, ifany, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. The panies and the arbitration panel may disclose the existence, content or results of the arbitration only in accordance with the Rules or applicable professional standards. Before making any such disclosure, a party shall give written notice to all other parties and shall afford them a reasonable opportunity to protect their interests, except to the extent such disclosure is necessary to comply with applicable law, regulatory requirements or professional standards. The result of the arbitration shall be binding on the parties, and judgment on the arbitration award may be entered in any court havingjurisdiction. EXPEDITED PROCEDURES The following additional procedures shall apply in the case of an arbitration held before a single arbitrator. E-l. Limitation on Extensions Except in extraordinary circumstances, the AAA or the arbitrator may grunt a party no more than one seven-day extension oftime to respond to the demand for arbitration or counterclaim as provided in Section R,4, E-2, Changes of Claim or Counterclaim A claim or counterclaim may be increased in amount, or a new or different claim or counterclaim added, upon the agreement of the other party, or the consent of the arbitrator. After the arbitrator is appointed, however, no new or different claim or counterclaim may be submitted except with the arbitrator's consent. If an increased claim or counterclaim exceeds seventy-five thousand dollars ($75,000), the case will be administered under the regular procedures unless all parties and the arbitrator agree that the case may continue to be processed under the Expedited Procedures. E-3. Serving of Notices In addition to notice provided by Section R-39(b), the parties shall also accept notice by telephone. Telephonic notices by the AAA shall subsequently be confirmed in writing to the parties, Should there be a failure to confirm in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by telephone. E-4. Appointment and Qualirlcations of Arbitrator (a) The AAA shall simultaneously submit to each party an identical list of five proposed arbitrators drawn from its National Roster from which one arbitrator shall be appointed, (b) The panies are encouraged to agree to an arbitrator from this list and to advise the AAA of their agreement. If the parties are unable to agree upon an arbitrator, each party may strike two names from the list and return it to the AAA within seven days from the date of the AAA's mailing to the parties. If for any reason the appointment of an arbitrator cannot be made from the list, the AAA may make the appoinnnent from other members of the panel without the submission of additional lists. Agreement #09,5270 Annual Auditing Services Page 8 of 19 Packet Page -1707- 6/28/2011 Item 16.J.6, (c) The parties will be given notice by the AAA of the appointment of the arbitrator, who shall be subject to disqualification for the reasoos specified in Section R-17. The parties shall notify the AAA within seven (7) days of any objection to the arbitrator appointed. Any such objection shall be for cause and shall be confirmed in writing to the AAA with a copy to the other party or parties. E,5. Exchange of Exhibits At least two business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing, The arhitrator shall resolve disputes concerning the exchange of exhibits. E-6. Proceedings on Doeuments Where no party's claim exceeds tell thousand dollars ($10,000), exclusive of interest and arbitration costs, and other cases in which the parties agree, the dispute shall be resolved by submission of documents, unless any party requests an oral hearing, or the arbitrator determines that an oral hearing is necessary. The arbitrator shall establish a fair and equitable procedure for the submission of documents. E-7. Date, Time, and Place of Bearing In cases in which a hearing is to be held, the arbitrator shall set the date, time, and place of the hearing, to be scheduled to take place within thirty (30) days of confinnation of the arhitrator's appointment. The AAA will notify the parties in advance of the hearing date. E-8. The Hearing (a) Generally, the hearing shall not exceed one day. Each party shall have equal opportunity to submit its proofs and complete its case. The arbitrator shaH determine the order of the hearing, and may require further submission of documents within two days after the hearing. For good cause shown, the arbitrator may schedule additional hearings within seven business days after the initial day of hearings. (b) Generally, there will he no stenographic record. Any party desiring a stenographic record may arrange for one pursuant to the provisions of Section R,26, E-9. Time of Award Unless otherwise agreed by the parties, the award shall be rendered not later than fourteen (14) days from the date of the closing of the hearing or, if oral hearings have been waived, from the date of the AM's transmittal of the final statements and proofs to the arbitrator. E-IO. Arbitrator's Compensation Arbitrators will receive compensation at a rate to be suggested by the AAA regional office. Agreement #09,5270 Annual Auditing SeMces Page 9 of 19 Packet Page ,1708- 6/28/2011 Item 16.J.6. Exhibit 8 June 9, 20]0 Collier County Board of County Commissions 3301 Tarniarni Trail East Naples, FL 34112 Attention: Mr. Fred W. Coyle, Chairman of the Collier County Board of County Commissioners Commissioners: This will confirm the engagement of Ernst & Young LLP ("we" or "E&Y") to audit and report on the basic financial statements of the governmental activities, the business,type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of Collier County, Florida (the "County") for the year ending September 30, 20] O. We will also audit and report on the separate financial statements of the Constitutional Officers of the County and the County Water and Sewer District. The objective of our audit of the financial statements is to express opinions on the fairness, in all material respects, of the presentation of the basic financial statements for each applicable opinion unit in conformity with accounting principles generally accepted in the United States. We also will conduct an audit in accordance with the Single Audit Act Amendments of 1996, and the provisions of OMB Circular A,133 Audits ofSlales, Local Governments and Non-Profil Organizations (OMB Circular A- 133) ("A-]33 Audit"), and Section 2]5.97 Florida Statutes, (Florida Single Audit) (collectively the "Federal and State Single Audit"), and will include tests of accounting records, a detennination of major program(s) in accordance with OMB Circular A-l33 and the Florida Single Audit, and other procedures we consider necessary to enable us to express an opinion on compliance for each major program and to render the required reports. The services described in this paragraph may hereafter be referred to as either "Audit Service" or "Audit Services." This engagement letter, together with the Collier County Contract #09,5270 "Annual Auditing Services" to which this engagement letter is attached, and Exhibits A through C, shall hereafter be referred to as the "Agreement". We also will provide a report on internal control over financial reporting related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements and other matters, noncompliance with which could have a material effect on the financial statements, as required by Government Auditing Standards. We will not perf one sufficient procedures to render an opinion on internal control over financial reporting nor on compliance with laws, regulations, and the provisions of contracts or grant agreements and other matters, and therefore, we will not express such an opinion. This report is intended solely for the information and use of the audit committee, management, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. We will report on the fairness of the schedule of expenditures of federal awards and state fmancial assistance when considered in relation to the financial statements taken as a whole. We also will report on: I. Internal control related to major programs and provide an opinion on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and Agreemenl #09-5270 Annual Auditing Services Page 100fl9 Packet Page ,1709- @ 6/28/2011 Item 16.J.6. material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133 and Section 215.97 Florida Statutes. ii. The A,J33 and Florida Single Audit Act report on internal control and compliance is intended only for the information and use of the audit committee, management, specific legislative or regulatory bodies, tederal and state awarding agencies, and, if applicable, pass, through entities and are not intended to be and should not be used by anyone other than these specified parties. Hi. Report on compliance with Florida Statutes Section 29.008 and 29.0085 related to the certified statement of County Funded Court Related Functions. Should conditions not now anticipated preclude us from completing our audits and issuing our reports as contemplated by the preceding paragraphs, we will advise you and the Audit Committee or other equivalent group promptly and take such action as we deem reasonably appropriate, in good faith and will discuss such matter with you and the Audit Committee or other equivalent group promptly. Audit Responsibilities and Limitations We will conduct our audit of the basic financial statements in accordance with auditing standards generally accepted in the United States, as promulgated by the American Institute of Certified Public Accountants ("AICP A"), and the standards for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we obtain reasonable rather than absolute assurance that the basic financial statements for each opinion unit are free of material misstatement whether caused by error or fraud. As the County is aware, there are inherent limitations in the audit process, including, for example, selective testing and the possibility that collusion or forgery may preclude the detection of material error, fraud, and illegal acts. Accordingly, a material misstatement may remain undetected. Also, an audit is not designed to detect error or fraud that is immaterial to the basic financial statements, We will conduct our A-133 and Florida Single Audit Act audit in accordance with auditing standards promulgated by the A1CP A, 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, OMB Circular A,133, "Audits of States, Local Governments, and Non-Profit Organizations," and Section 215.97 Florida Statutes, As part of our audits, we will consider, solely for the purpose of planning our audit and determining the nature, timing, and extent of our audit procedures, the County's internal control over financial reporting. This consideration Will not be sufficient to enable us to provide assurance on internal control over financial reporting or to identify all significant deficiencies and material weaknesses. We will communicate in writing to management and to the Audit Committee or other equivalent group all significant deficiencies and material weaknesses identified during the audit of the County's financial statements, as well as any significant deficiencies and material weaknesses communicated to management and to the Audit Committee or other equivalent group in previous audits that have not yet been remediated, If we determine that there is evidence that fraud or possible illegal acts may have occurred, we will bring such matters to the attention of an appropriate level of management. If we become aware of fraud Agreement #09-5270 Annual Auditing Services Page II of t9 Packet Page ,1710- () 6/28/2011 Item 16.J.6. involving senior management or fraud (whether by senior management or other employees) that causes a material misstatement of the basic fmancial statements, we will report this matter directly to the Audit Committee or other equivalent group. We will determine that the Audit Committee or other equivalent group and appropriate members of management are adequately informed of illegal acts that come to our attention unless they are clearly inconsequential. In addition, we will inform the Audit Committee or other equivalent group and appropriate members of management of significant audit adjustments, material violations of contracts or grant agreements and material abuse noted during our audit procedures. We also may communicate other opportunities we observe for economies in or improved controls over the County's operations. As part of our engagement, we will apply certain limited procedures to the County's required supplementary information (RSI). RSl consists of Management's Discussion and Analysis, budgetary comparison schedules, pension and Other Post-Employment Benefits (OPEB) information and infrastructure information under modified approach reporting, as applicable. Those limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation of RSI, which management will affirm to us in its representation letter. However, we will not audit the information and will not express an opinion on it. Supplementary information other than RSI, such as combining and individual fund and nonmajor fund financial statements, introductory and statistical sections, also may accompany tbe County's basic financial statements. We will subject all supplementary information that is financially oriented such as combining and individual fund and nonmajor fund financial statements to the audit procedures applied in our audit of the basic financial statements and render our opinion on whether that information is fairly stated, in all material respects, in relation to the basic financial statements taken as whole. We will not subject supplementary information that comprises nonaecounting information or accounting information not directly related to the basic financial statements such as the introductory and/or statistical sections to the auditing procedures applied in our audit of the basic fmanciaJ statements, and therefore will not express an opinion on this supplementary information, ' To the extent required by law, we will make our audit documentation available to a federal or state agency or the Comptroller General of the United States Government Accountability Office and provide copies upon their request. Audit documentation also will be made available upon request to appropriate auditors and reviewers, We shall promptly notify the County of any such request to review our audit documentation. An audit performed in accordance with Government Auditing Standards is not designed to detect violations of laws or regulations or provisions of contracts or grant agreements that do not have a direct and material effect on the financial statements or other financial data significant to the audit objectives. Because the determination of abuse is subjective, an audit conducted in accordance with Government Auditing Standards does not provide reasonable assurance of detecting abuse. In some circumstances in accordance with Government Auditing Standards, we may be required to report fraud, illegal acts, violations of provisions of contracts or grant agreements and abuse directly to parties external to the County, Agrccmenl #09,5270 Annual Auditing Services Page 12 of t9 Packet Page -1711- 6/28/2011 Item 16.J.6, In accordance with Government Auditing Standards, we will report in a management letter immaterial violations of provisions of contracts or grant agreements, immaterial abuse, and deficiencies in internal control other than significant deficiencies (and those that individually, or in the aggregate, are material weaknesses) unless clearly inconsequential considering both qualitative and quantitative factors. Under Government Auditing Standards, we are required to provide to the County our most recent peer review report and any letter of comment, as well as subsequent peer review reports and letters of comment received during the term of this Agreement. Our most recent peer review report, letter of comment, and our responses to the letter of comment have been previously provided to the County. We will provide future peer review reports to the County when available. Management's Responsibilities and Representations The basic financial statements are the responsibility of the County's management, which is also responsible for establishing and maintaining effective internal control, for properly recording transactions in the accounting records, for safeguarding assets, and for the overall fair presentation of the basic financial statements. Management of the County also is responsible for the identification of, and for the County's compliance with, laws and regulations and provisions of contracts and grant agreements applicable to its activities. Management is responsible for adjusting the basic financial statements to correct material misstatements and for affmning to us in its representation letter that the effects of any unrecorded audit differences accumulated by US during the current audit and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the basic financial statements taken as a whole. Management is responsible for apprising us of all allegations involving financial improprieties received by management or the Audit Committee or other equivalent group (regardless of the source or form and including, without limitation, allegations by "whistle-blowers"), and providing us full access to these allegations and any internal investigations of them, on a timely basis. Allegations of financial improprieties include allegations of manipulation of fmancial results by management or employees, misappropriation of assets by management or employees, intentional circumvention of internal controls, inappropriate influence on related party transactions by related parties, intentionally misleading E& Y, or other allegations of illegal acts or fraud that could result in a misstatement of the fmancial statements or otherwise affect the financial reporting of the County, If the County limits the i.nformation otherwise available to us under this paragraph (based on the County's claims of attorney/client privilege, work product doctrine, or otherwise), the County will immediately inform us of the fact that certain information is being withheld from us. Any such withholding of information could be considered a restriction on the scope of the audit and may prevent us from opining on the County's financial statements; alter the form of report we may issue on such financial statements; or otherwise affect our ability to continue as the County's independent auditors, The County and we will disclose any such withholding of information to the Audit Committee or equivalent group. As required by auditing standards as promulgated by the AICPA, we will make specific inquiries of management about the representations contained in the basic financial statements. Those standards also require that, at the conclusion of the audit, we obtain representation letters from certain members of management about these matters. The responses to those inquiries, the written representations, and the results of our audit tests comprise the evidential matter we will rely upon in fonning an opinion on the Agreement #09-5270 Annual Auditing Services Page 13 of 19 Packet Page -1712- 6/28/2011 Item 16.J.6. applicable opinion units for the basic financial statements. Management is responsible for providing us with all financial records and related information on a timely basis, and its failure to do so may cause us to delay our report, modify our procedures, or even terminate our engagement. Management is responsible for the following, as provided in Government Auditing Standards: . Distributing the report on internal control over financial reporting and on compliance and other matters, as well as making copies thereof available for public inspection unless the report is restricted by law or regulation, or contains privileged and confidential information. . Acknowledging the auditor's role (if any) in preparing draft financial statements and related notes, or in converting cash-basis financial statements to accrual-based financial statements. . Reviewing, approving and taking responsibility for the financial statements and related notes. . Identifying for you previous financial audits, attestation engagements, performance audits or other studies related to the objectives of the audit being undertaken and the corrective actions taken to address significant findings and recommendations. . Applying a process to track the status of audit findings and recommendations. . Providing views on any of your current findings, conclusions, and recommendations, as well as management's planned corrective actions, for the report, and the timing and format for providing that information. . Taking timely and appropriate steps to remedy fraud, illegal acts, violations of provisions of contracts or grant agreements, or abuse that you' report, Management is responsible for the following as provided in OMB Circular A-I33 and Section 215,97, Florida Statutes: . Complying with the requirements of Office of Management and Budget (OMB) Circular A-l33, Audits of States, Local Governments, and Non,Profit Organizations and Section 215.97 Florida Statutes; . Preparing the appropriate financial statements, including the schedule of expenditures of federal awards and state financial assistance, in accordance with OMB Circular A-l33 and Section 215.97 Florida Statutes; . Establishing and maintaining effective internal control over compliance for federal and state programs that provides reasonable assurance that federal and state awards are being managed in compliance witb laws, regulations, and the provisions of contracts or grant agreements that could have a material effect on each of its federal and state programs; Agreement #09,5270 Annual Auditing Services Page 14 of 19 Packet Page -1713- 6/28/2011 Item 16.J.6. . Complying with laws, regulations; and the provisions of contracts and grant agreements related to each of its federal and state programs; . Following up and taking corrective action on audit fmdings, including preparing a summary schedule of prior audit findings and corrective action plans as required by OMB Circular A-l33 and Section 215.97 Florida Statutes; . Submitting the reponing package to required recipients and the data collection form to the designated federal audit clearinghouse; and . Communicating to E& Y any significant vendor relationships where the vendor is responsible for program compliance. Fees and Billings The fee for our audit services for the fiscal year ending September 30, 2010 is as follows: Total base fee $575,000* We will submit our invoices according to the schedule included as Exhibit C, Basis of Compensation and Schedule. Payment shall be made in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act," Billings shall include detail of employees and hours worked during each billing period. *Should the number of the County's grant programs required to be audited as major exceed twenty (20) programs,.our fee for such additional major programs will be seven thousand five hundred dollars ($7,500.00) per program and the amount of the last billing will be adjusted accordingly by change order. Additionally, our fee to perform and issue a report on Agreed Upon Procedures related to the Sheriffs Investigative Funds will be seven !housand dollars ($7,000.00) if the major grant programs exceed twenty (20), o!herwise the Sheriffs Investigative Funds will be included under the major programs within the agreement, the amount of the last billing to be adjusted accordingly by change order. For any scope changes resulting from other additional services that may be requested by the County, we will notify the County of !he estimated hours in advance and provide a fee estimate for approval by the County based on the additional audit effort required at the following billing rates: Level Partner Senior Manager Manager Senior Staff $ 395 $ 280 $ 225 $ 165 $ 125 Our estimated fees and schedule of performance are based upon, among other things, our preliminary review of !he County's records, and the representations County personnel have made to us and are dependent upon the County's personnel providing a reasonable level of assistance, Should our Agreement #09,5270 Annual Auditing Services Page 15 of 19 Packet Page -1714- 6/28/2011 Item 16.J.6. assumptions with respect to these matters be incorrect or should the condition of the records, degree of cooperation, or other matters beyond our reasonable control require additional commitments by us beyond those upon which our estimated fees are based, we may adjust our fees and planned completion dates upon issuance of a written Change Order signed by E&Y and the County. In addition, fees for any special audit-related projects, such as proposed business combinations or research and/or consultation on special business or financial issues, will be billed separately from the audit fee referred to above and will be the subject of an amendment signed by E&Y and the County. In the event we are requested or authorized by the County or are required by government regulation, subpoena, or other legal process to produce our docwnents or our personnel as witnesses with respect to our engagements for the County, the County will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the reasonable fees and expense of our legal counsel, incurred in responding to such requests upon written Change Order signed by E&Y and the County. Hourly rates and fees for subsequent years will be the lesser of the South Urban Consumer Price Index (CPI) based on the previous twelve (12) months or three percent (3%). Otber Matters From time to time, and depending upon the circwnstances, personnel from any affiliate of E& Y, any other member of the global Ernst & Young network or any of their respective affiliates other than E&Y, and from independent third party service providers (including independent consultants), may participate in providing the Audit Services. The County shall not, during the term of this Agreement and for twelve (12) months following its termination for any reason, without the prior written consent of E& Y, solicit for employment, or hire, any current or former partner, principal, or professional employee of E& Y, any affiliate thereof, or any other member of the global Ernst & Young network or any of their respective affiliates a) if such partner, principal, or professional employee has been involved in the performance of any audit, review, or attest service for or relating to the County at any time during the then current fiscal year of the County up to and including the date of the audit report for that year, or in the twelve (12) months preceding the audit report date for the immediately preceding fiscal year and b) unless such partner, principal, or professional employee does not influence E&Y's operations or financial policies and has no capital balances or any other financial arrangement with E& Y. Except for a claim limited solely to seeking non,monetary or equitable relief, any dispute or claim arising out of or relating to the Audit Services, this Agreement or any other services provided by or on behalf of E& Y or any of its subconsultants or agents to the County or at the County's request (including any matter involving any third party for whose benefit any such services are provided), shall be resolved by mediation or arbitration as set forth in the attachment to this Agreement. Judgment on any arbitration award may be entered in any court having jurisdiction. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or part, the remaining portions of this Agreement shall remain in effect. Agreement #09-5270 Annual Auditing Services Page 16 of 19 Packet Page -1715- 6/28/2011 Item 16.J.6. ,-~ 111111111111111111111111111111,,"""'" 5!J ERNST & YOUNG E&Y appreciates Ibe opportunity to be of assistance to the County. Please si.f1 below on behalf oflbe County and return it to Thomas J. Bradley, Ernst & Young LLP, 100 N,E, 3 Avenue, Suite 700, Fort Lauderdale, FL 33301. Very truly yours, ~THLLP Agreed and accepted by: Collier County ~ -W. By: ' FrM W. Coyle Title: Chairman of the Collier County Board of County Commissioners ~ 1-q -10 Date "" Agreement #09-5270 Annual Auditing Services Page 17 of19 ...",.mbttttlrmClrFrnst A v"""",r"lllo,oll;1ll hill Packet Page -1716- CJ '.~,"" 6/28/2011 Item 16.J.6. Exhibit C Basis of Compensation and Schedule I, For the Services provided for in this Agreement, County agrees to make the lump sum payments to Auditor in accordance with the terms stated below. Auditor will invoice the County in accordance with the following Schedule; and payment shall be made in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act." Payment of any particular line item noted below shall not be due until all services associated with any such line item have been substantially completed to County's reasonable satisfaction. 2, Payments for Additional Services of Auditor will be in accordance with Article 4 of the Agreement. Task 1 Meet with executives and financial management to $5,000 Upon Completion of all items July co,develop expectations. Conduct planning associated with Task I. meetings, develop detailed audit plan. Attend Audit Committee Meeting, begin interim fieldwork (understanding and testing of internal controls and systems), Begin single audit planning and interim testinl!. Task 2 Significant completion of control testing, risk $120,000 Upon Completion of all items 'iiovember assessments and audit planning. Constitutional associated with Task 2. Officer General Ledgers provided to the auditors. Begin performance of substantive testing of account balances. Task 3 Significant completion of fieldwork of $120,000 Upon Completion of all items 'lovember, Constitutional Officers. Review of Constitutional associated with Task 3. December Financial Statements and conduct exit interviews on Constitutional Statements December 1,15, 20 I O. Begin performance of substantive testing of account balances - Board of County Commissioners General Ledger provided December 15,2010. Continue Sinl!le Audit testing. Task 4 $150,000 Upon Completion of all items ranuary Board financial statement audit significantly associated with Task 4. complete. Single Audit significantly complete The Clerk of Courts oversees preparation of draft fmancial statements, notes and required supplemental schedules and statistical data, First draft of financial statements to auditors January 21, 201 I. First round of comments on initial level review provided to Finance January 28,2011. Second draft to auditors one week after review. TaskS Issue opinion on Comprehensive Annual Financial $180,000 Upon completion of all items February Report -(CAFR), incJudinl! all Constitutional Officer associated with Task 5. Agreemenl #09-5270 Annual Auditing Services Page 18 ofJ9 -- Packet Page -1717- 6/28/2011 Item 16.J.6, reports. Issue all other required reports, including Present Single Audit. Present CAFR to the Board February 22, 2011. Completion and delivery of all other required reports, including Single Audit. Data Collection re rts Feb 28,2011. · TOTAL FEE. Total Items 1. $575,000 .Should the number of the County's grant programs required to be audited as major exceed twenty (20) programs, our fee for such additional major programs will be seven thousand five hoodred dollars ($7,500.00) per program and the amount of the last billing will be adjusted accordingly by written Change Order signed by the parties. Additionally, our fee to perform and issue a report on Agreed Upon Procedures related to the Sheriffs Investigative Foods will be seven thousand dollars ($7,000.00) and the amount of the last billing will be adjusted accordingly by written Change Order signed by the parties should the number of major programs exceed twenty (20). This schedule of performance is based upon the COooty'S personnel providing a reasonable level of client assistance as well the County's records being reasonably maintained. Should the Auditor's assumptions with respect to the condition of the records, degree of cooperation, or other matters beyond Auditor's reasonable control require additional commitments by Auditor beyond those upon which this schedule is based, Auditor reserves the right to adjust planned completion dates with the County in writing. Agreemem #09,5270 Annual Auditing Services Page 19oft9 Packet Page -1718- 6/28/2011 Item 16.J.6. ..---, AC~Rd ---- J'RODIICKR AOn Risk services central. philadelphia PA Office One Liberty place 1650 Market Street suite 1000 philadelphia PA 19103 USA PHO,..". 215 255-2000 INSllllI!D Ernst & Young LLP Attn.: Mark Altberg 200 plaza Drive Secaucus NJ 07094-3699 USA Inc. DATE(...jDD/YVYV) 06/23/2010 S CJtIlTIFICATE IS ISSUED AS A MAITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlnCATE HOLDER. TDIS CERTlnCATE DOES NOT AMEND, EXTEND OR AI.. TER THE COVERAGE AFFORDED BY mE POUClES BELOW. CERTIFICATE OF LIABILITY INSURANCE INSUIJ!RC: Insurance compan of ~he State of PA New Hampshire Ins Co Illinois National Insurance CO Chartis casualty company Federal Insurance company NAICi 19429 23841 23817 40258 20281 .i! 1 ;!l ~ ... = FAX. 215 255-1893 INSURERS AFFORDING COVERAGE fNlUJREkA: IHSUREIlI: 1NSUU!JtD: INSUI.EJl !~ COVERAGES nm POUClES OF INSURANCE USTED om..oW HAVE BEEN ISSUED TO niE DfSURED NMQiD ABOVE FOR THE POUCY PERJOD INDICATED. N01WlTHSTAt."DrNQ A.'lY 1U!QUlKEMeNT, TERM ORCONDmoNOF AN'f CONTRACT OR. 0THJ!Jl DOCUMENTwrrH RBSPECTTO WHlCH nus CERnnCATE MAY BE ISSU!D OR. NAY PERTAlN', mE INSU1lANCE AFPORDED BY 1'HE POUCIES DESCRIBED HEREIN IS SUBJECI'TO ALL THE 'TERMS., 6XCWSlONS AND CQNDmONS OF SUCH POUCIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAlDa.AIMS. LIMITS SHOWN ARE AS REQUESTED INS. - L'lR TYl'EOF 1N51IRAJ1l'CI. POUCV I'WMIER I..~UCY EFfECT1\'E POLJ.CY EXl'IRATJOt: U"'" .. E ~~ 35243636 01/01/Z010 01/01/2011 EACH OCl;1..'UENCB $1.000,000 X C'Otrtol}tEaaAL05HlillALUABIUl'V General Liability DAMAOEiENTED Sl,Ooo.ooO CLAlMS MADE [!] OCCUR. .........-. --. '" X Prod-CDIlp op Il'lCl In GeIIl AIJII PEII.~.u..ADVtN1VIlY Sl.OOO,OOO ~ ~ "" (Jf;HSML AOOR.ECiA1'E .2.000.000 '" ... OEN'l.. AOOlEGATE UMrT APPLIES I"Eft. '" PRODUCTS. COMf'IOJ' AGO ~ D POUCY D;:g;lKIwc ElIIPl o~ee 8enefi t u. $1.000,000 R ~ . AUTOMOBILE UABIUTl' 73184332 01/0l/Z010 01/01/2011 .. COMBJ'NED SINGl.E UMIT 0 r1r """ AtnO AUt:OllOb11e - Business ...-, $1,000,000 Z ~ :l Al..LOWNED MlTOK BOOn.V INJURY ,g SCllEDlnLD AUTOS ( Pn' pmon) i! ~ MIRm AUTOS BODILY INJURY .:l NONOWl<."ED AUTOS (hIolCCilleal) ~ I'ROJ'I!A.'1Y DAMAOE I- ('",.cc~1 GARAGE LlADlLrrY Aura ONI. Y . Ell ACCIDENT RANYAtnO OnDiR'fHAl'; EAAt:C AUTO ONLY: AOO G EXCEBS / VMlllE1..1.A U....U.ITY .wc17S3S47-09 01/01/Z010 EACH OCCURR!NC8 >!,u",,-;!lOll I!I OCCUR o CL.AL\45 MADE ullbrell. $1,000,000 AGCI\EGA'l1! BOEDUCTIDLE llETENJtO,.. . workers ODmpensatio"-~ X Iwe STATV.I I~' WOIlKDtS COMPDi"iA nON AJ\'1) IMPl,OYERS' UABlUl'Y [J E.LEACHA(.'CI01iHT $1,000,000 0 WC4Za8827 08/01/ZOO9 08/01/2010 /\NY PROPRmTUill PAR'I'WEll/EXECl.JTtvt wDrkers comp<<nsation-AO $1,000,000 OmCD./MEMBER EXCWDED1 E..t.. OlSE.AS1!.EA EMPLOYEE . (Mmdu.,.lah"ll) wc4288825 08/01j2009 01l/01/2010 E-t.. I)ISHASS-POUCY LOOT $1,000,000 If__ de.crlbc: undEr SPECIAL PR.OVISlONS belDow WDrkers compen5a~ion-FL om.. , DESCRIPTIUN Of' oPERATIONS!LOCAT1ON~IONSADDED BY ENOOlISl!Ml!HTISPEClAL I"tl.OVISIQHS ~ Re: collier County is included as an Additional Insured, as its interest may appear. ~ CERTIFICATE HOLDER collier county purchasing oepartment 3301 Tamiami Trail East Naples, FL 34112 USA CANCELLATION ~ .....lmIORlUDRIiPIU!S&lTA.Tl'm ~~~~'I"'~ SHOULD ANY OFTHI! ADOVE ORSOI.IBJ!D POUCll!S ae CANCI!.LLFm lIEFORE 'nfB ~IRATION DAtt THEltEOf', nEE ISSUING IN$'UIU!JI 9,'U.L ENDEAVOIl TO MAJI.. J(l DAYS WRI1'TE'INOTICE TO THE CEilTlflCAT'E HOLOal HAMED T011fE LEFT. BUT FAILURE TO DO so SKhLl. IMI'OS6 NO OSUCiA.T1OH CUt UADIUTV 0' ANY KI)oID UPOl'IllfE INSURER., rrs AGENTS OR REPRESENT AmES. ACORD ZS (2t(l9l01) 4)1988-2009 ACORD CORPORATION. All rieblS reserved_ The ACORD name and logo art ngtnered markl .r ACORD Packet Page -1719- 6/28/2011 Item 16.J.6. Attachment to ACORD Certificate for Emit' You.. LL' The terms, conditions and provisions noted below are hereby attached to the capucmcd certificate as additional dcscriptiOD of the coverage afforded by the insurcr(s). This altac:hmcul does not contain all terms. conditions, cove:rases or exclusioD5 contained in the policy. ADDmONAL POLICIES [f 8 policy below does not include limit infmmalion, refer to the corresponding policy on the ACORD cer1ificatc ronn for policy limits. INS1JRI!R F Paci fi C Indemni ty CO 20346 INSUREIl G American Guarantee & liability Ins C. 26247 INSURER INS1JRI!R INSUREIl ....... Ernst , Young lLP Art". : Marie. A l'tberg ZOO p1aza Dri..... SecaucU$ NO 07094-3699 USA ...... roucvNUMB11. POLICY POUCY ""It -. n'PE OF IN'SURANCI: POUCY DESt:IW'TION ....CI1Yt EXl'DtAnON LlMI11I LTll .An: DAn: WORKERS COMPENSATION WC4218826 PS/0l/2001 OS/0l/2010 C workers COmpensation-WI liIC4288.23 ~S/0l/2001 OS/01/2010 A workers COmpensation-DR WC42Bi8822 S/0l/200! OS/01/201O A workers compensat1onMCA .cHalaZa S/0l/2009 OS/0l/2010 8 workers compcnsationetx lr4C428aal~ S/0l/200 OS/0l/1010 A workers compensation-MA DfXRlPTION Of OP'EM.l1ONS'LOCAl1ONSIVfiHICLESlEXCLUSIONS ADDED BY ENOClRSE),(!NTISPEOAl. PRDVWOlCS Certificate No : 570039297559 Packet Page ,1720- \~C,; 6/28/2011 Item 16.J.6, ArJIrI GLOBAl Verification of Insurance We, \he undersigned Insurance Brokers, hereby verify that North American Capacity Insurance Company has issued the foRewing described insurance. which is in force as of the date hereot. Issued to: Collier County Purchasing Department 3301 Tamiami Trail East Neples, Floride 34112 U.S.A. Type of Insurance: PROFESSIONAL INDEMNITY INSURANCE -_._._-----~-------- Name of Assullld: Ernst & Young U.S, LLP Policy No. ZZLOO00059-06 Underwriters: North American Capacity Insurance Compeny Period: 12:01 a,m, February 15th, 201010 12:01 a.m. February 15th. 2011 Limit: US$1 ,000,000 each claim and In the aggragate Subject to the renns. conditions, exclusions and limitations of the Policy. This document is furnished as a matter of infonnation only. The issuance of this document does not make the person or orgenization to whom tt is issued an addUional Assured, nor does it modify in any manner the contract of insurance between the Assured and the Underwliters. Any amendment. change or extension of such contract can only be effected by specific endorsement attached thereto. Aon Mlnet Inc. Date: June 25.2010 Montreal, Quebec Per: ~X';-?-~ Senior Vice President 2010VOI000039.doc pl'Ofelr;;JOnG Practice I Mtnet lnc. 700 de la Gauchetiere StreetWellt I Suite 1800 I Mcntrial,Ou'bec,CanBdll H3BDA5 t S14--ZllB-2273I t 514-982-5176 w; aan.CQm Packet Page -1721-