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HomeMy WebLinkAboutbocc.con.095.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: D 9.5. 0?408" Originating DepartmentlDivision: Finance Contact Person: Debe nelson Phone #: 970-920-5229 Project Name: annual audit ^ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code 7/2005) Check procurement type: ^None ^Informal ®Formal ^Sole Source ^Emergency ^State Bid ^ Ckeck Contract Tvae: Dollar Amount: 46,700 Budget Line Item/Ledger Number 001.16.00000.82000 daintenance UEmployment (for county employees) se ^Intergovernmental Agreement (Requires BOCC Action) ~, Equipment, Supplies LJGrant Agreements (Requires BOCC Action) (e.g. revenue) ^Change Order/Contract Amendment Contractor/Business Business Complete Legal Name: Gordon, Hughes, $ Bankd, LLP Contract Execution ~ :~ ~~`~ Contract End Date: 2011 - ~u-' 3~ Automatic Renewal 3 years Term of Contract: 5 years 2007-2011 All Contracts should be proofed for the following: ®No Pages Missing - ®If aPage is Left Intentionally Blank -Note on Page ®Page numbered consecutively ®All Signatures Affixed ®All Dates Filled In ®All Other Blanks Filled In ®All Exhibits Attached ^All Legal Descriptions Attached (if appropriate) ^Notice of Awazd/Proceed Attached (if appropriate) ^Special Instructions for Finance Department: ®Sent to Clerk and Recorder for Scanning/Archiving ®Authorized Staff Person's Name: Debe Nelson ^ Warranty, if applicable BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. S Note: Clerk's Office will keep original documents in compliance with Colorado State 1'I~ Archives retainage schedule. ~~ Amended 11_05_07 , CONTRACT FOR PROVISION OF SERVICES Contract # D 4.5r.'IDOg Budget Line Item # Dn/ /~. ~ cooo 8~4ai Rev8/18/06dq THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Gordon, Hughes, & Banks, LLP 5299 DTC, Suite 1000 Greenwood Village, Co 80111 (hereinafter "Contractor"). 1. Term. The term of this contract is for audit periods from January 1, 2007 to December 31, 2011. At the expiration of the initial term, the contract may be extended for an additional term of three years by the express written consent of both parties. 2. Contractor's Obligations. Contractor shall (See Scope of Services -Exhibit A). 3. Compensation and Expenses Invoicin¢ Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Pazagraph 2. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $46 700 00 (20071 $48.900.00 (20081; $51,100.00 (20091 for all services rendered, unless specifically renegotiated by said parties on an annual basis due to unexpected changes in funds or increases in transactions by the County. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County maybe offset by any amount the Contractor owes the County for any reason. 4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1) reproduce the work; 2) prepaze derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. 5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Debe Nelson, Finance Director will manage the project as the County's Representative. In the event that Debe Nelson is not available, Tom Oken shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. 6. Termination Prior to Expiration of Contract Tenn. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) C:\Documents and SettingsVchiggins\Local Settings\Temporary In[eme[ Files\COIIL3ct Services 2007-final.doc 1 days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepazed by the Contractor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Not withstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. 7. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent Contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract aze submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of caze, skill and diligence in the performance of Contractor's obligations under this contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not enfitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 8. Assienability. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. 9. Bindine Arbitration. Any disputes arising out of this contract shall be subject to binding azbittation. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by azbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the azbitration shall be awazded to the substanfially prevailing party. 10. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto In[eme[ Files\Contract Services 2007-final.doc C:\Documents and Settings~khiggins\Loca] Settings\Temporary 2 1 I. Inteeration and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract maybe amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which aze mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. 12. Indemnity. A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judg- ment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall beaz all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 13. Insurance. A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: 1. Statutory Workers' Compensation: Colorado statutory minimums 2. Commercial General Liability -ISO 1998 Form or equivalent nth County named additional insured) Each Occurrence Limit 1 000 000 General Aggregate Limit $2,000,000 C:\Documents and Settings\kltiggins\Local Settings\Temporary ]nteme[ Files\Conhact Services 2007-final.doc 3 Products/Completed Operations Aggregate Limit $2,000,000 Comprehensive Form (All risks) to include (place X by applicable provisions): X Premises/Operations Underground, Explosion & Collapse Hazazd X Products/Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personallnjury 3. Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000 Including all owned, non-owned, and hired vehicles. 4. Special COVerages (check as appropriate and insert amount): (1) Performance Bond Labor and Material Payment Bond X (2) Professional Errors and Omissions 1 000 000 (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk (6) Boiler and Machinery _ (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County through the representative identified in Pazagraph 5, no later than ten (10) calendar days prior to com- mencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendaz days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the Procurement Officer. (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then- current policy declarations page). In[emet Files\Contrac[ Services 2007-final.doc C:\Documents and Settings\kltiggins\Local Settings\Tempomry 4 Simultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement Officer a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. following clauses: 2. In addition, these Certificates of Insurance shall contain the a. The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 4. The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this amtract. 14. Exemptions. All purchases of construction, building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK. 15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standazds, compliance with all provisions of the contract and applicable ]aw. 16. Contract Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is ageed to be exclusively in the courts of Pitkin County, Colorado. 17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the azbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. C:\Documents and Settings\khiggins\Cncal Settings\Temporary Internet Files\Contract Services 2007-final.doc 18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental hmnunity Act, 24-10-101, et. Seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 19. Current Year Obli ate ions. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating amultiple-fiscal yeaz direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 20. Notice. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County Debe Nelson, Pitkin County Finance Director 530 East Main Street, Suite 201 Aspen, Colorado 81611 Fax 970-920-5230 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 B. To Contractor: Kimberley Higgins Gordon, Hughes & Banks, LLP 5299 DTC Boulevard, Suite 1000 Greenwood Village, Co 80111 C:~Documents and $ettings\kltiggins\Local Settings\Tempomry In[eme[ Files\Contrac[ Services 2007-final.doc n 6 'I Phone 303-770-5700 Fax - 303-770-7581 21. Compliance with House Bi1106-1343. A. In compliance with House Bi1106-1343, amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not: Knowingly employ or contract with an illegal alien to perform work under this contract or; 2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. In compliance with House Bill 06-1343 enacted by the General Assembly of the State of Colorado: 1. The Contractor shall verify or attempt to verify through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security] that the Contractor does not employ any illegal aliens and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subpazagraph (a) of this paragraph (3) the subcontractor does not stop employing or contracting with the C:\Documents and Settings\ktiggins\Local Settings~Temponry Internet Files\Contract Services 2007-final.doc 7 illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. § 8-17.5-102. IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRA OR: By:~ . Title \b~Ct ~~~~ Date PITKIN COUNTY: By: ~~~ ~~?~ 3~a~/off Authorized Signer Da~ C:\Documen[s and SettingsVchiggins\Local Settings~Temporary In[emet Files\Contract Services 2007-final.doc EXHIBIT A SCOPE OF SERVICES Contractor will perform auditing services for the County for the yeazs ended December 31, 2007 through December 31, 2011 subject to annual review by the County's Finance Director. The County has the right to terminate the Contract if Kimberley Higgins leaves employment with the contractor. Any temunation will be made by notifying the contractor in writing thirty (30) days in advance. The parties, by mutual agreement, may exercise an option to continue the same services for and additional three (3) years. It is anticipated that compensation would be modified if the parties agree to continue their arrangement beyond the audit for the year ended December 31, 2011 (services delivered during 2012). Services to be Performed The Contractor will express an opinion on the fair presentation of its basic financial statements in conformity in conformity with generally accepted accounting principles. The Contractor is not required to audit the supporting schedules contained in the Comprehensive Annual Financial Report (CAFR). However, the auditor is to provide an "in-relation-to" opinion on the supporting schedules based on the auditing procedures applied during the audit of the basic financial statements and required supplementary information statements and schedules. The auditor is not required to audit the introductory section of the report or the statistical section of the report. The Contractor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standazds Boazd as mandated by generally accepted auditing standards. The auditor is not required to audit the schedule of expenditures of federal awazds. However, the auditor is to provide an "in-relation-to" report on that schedule based on the auditing procedures applied during the audit of the financial statements. Auditing Standards to be followed The Contractor will perform audits in accordance with the following professional standards: - Generally accepting auditing standards as set forth by the American Institute of Certified Public Accountants - Standazds applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States - Provisions of the Single Audit Act of 1984 (as amended in 1996) In[emet Files\Con[ract Services 2007-final.doc 9 C:\Documents and Settings\khiggins\Local Settings\Tempomry `~ - Provisions of U.S. Office of Management and Budget (OMB) Circulaz A-133, Audits of States, Local Governments, and Non-Profit Organizations. - The Comprehensive Annual Financial Report shall be prepared in a manner to comply with the Government Finance Officers Association of the United States and Canada (GFOA's) Certificate of Achievement for Excellence in Financial Reporting program. Reports to be issued No later than June 24th of each yeaz the auditor shall issue the following reports to the County: 1. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles, including an opinion on the fair presentation of the supplementary schedule of expenditures of federal awards in relation to the audited financial statements. 2. A report on compliance and internal control over financial reporting based on an audit of the financial statements. 3. A report on compliance and internal control over compliance applicable to each major federal program. 4. A report on agreed procedures included in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (hourly fees). 5. Letter to management analyzing financial policies and procedures with recommendations for further enhancement. Contractor is to communicate in the reports on compliance any significant deficiencies found during the audit. Significant deficiencies that also are material weaknesses shall be identified in the report. Significant deficiencies that are also material weaknesses shall be identified as such in the report. Control deficiencies or other matters diswvered by the auditors shall be reviewed with management in the exit interview. A significant deficiency is defined as a control deficiency or several control deficiencies in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Contractor is also responsible to make an immediate written report of all irregularities and illegal acts of indications of illegal acts of which they become aware to the Internal Services Director and County Manager. The management letter referred to above should provide information on how the County's financial and fiscal affairs aze being administered. The auditor should comment on processes that are being performed well and identify azeas that may benefit from future improvements. Recommendations and comments included in the letter will be cleazed with the Finance Director and the Assistant Finance Director for accuracy. Internet Files\Contract Services 2007-final.doc 10 C:\Documents and Settings\khiggins\Local Settings\Temponry \\ During the contract period, it is anticipated the County will prepare one or more official statements in connections with the sale of debt securities, which will contain the generally- purposed financial statements and the auditor's report therein. Contractor will be required, if requested by the fiscal advisor and/or the underwriter, to issue a "consent and citations of expertise" as the auditor and any necessary "comfort letters." Documentation of Internal Controls Structure and Accounting Procedures Contractor will conduct a comprehensive review of internal controls and procedures during the first audit. Documentation of accounting procedures observed during the review and practices followed by other governments will be shared with the County. Access and Retention of Audit Working Papers All working papers and reports must be retained, at the Contractor's expense, for a minimum of three (3) years, unless the firm is notified in writing by the County of the need to extend the retention period. The auditor will be required to make working papers available, upon request to the following organizations: Contractor will also be required to respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. Due Date of Audit Reports A calendar of due dates for delivery of required reports is contained in Exhibit C for the year ended December 31, 2007. This calendar will be modified annually upon agreement with the Contractor and Finance Director with similaz delivery dates. Changes to Contractors Professional Staff and Subcontracting As stated in the Scope of Service introductory pazagaph, Kimberley Higgins will be the engagement partner during the contract term. Managers, other supervisory staff and specialists may be changed if those personnel leave the Contractor's firm, are promoted or aze assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the County. However, in either case, the County retains the right to approve or reject replacements. Consultants and subcontractors identified in this contract can only be changed with the express prior written permission of the county, which retains the right to approve or reject replacements. Consultants and subcontractors identified in this contract can only be changed with the express prior written permission of the County, which retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the Contractor provided that replacements have substantially the same or better qualifications or experience. C:\Documents and SettingsVcluggins~Local Settings~Temporary Internet Files\Contract Services 2007-final.doc v 11 Charges of Additional Professional Services not Covered by Contract If it should become necessary for the County to request the Contractor to render any additional professional services that aze estimated to exceed $200, then such additional work shall be performed only if set forth in an addendum to the contract between the parties. It is therefore understood that services estimated to exceed $200, will require and addendum. Any such additional work, regazdless of amount, shall be performed at the rates set forth in the schedule of fees and expenses included in Exhibit D, as amended from time to time during the contract term. Reimbursement of Out-of-Pocket Expenses Out-of-pocket expenses for Contractor personnel (e.g., travel and meals) will be reimbursed at the rates used for County employees. Lodging expenses will be billed direct by hotel to the County. All expense reimbursement will be charged against the total compensation of the contract. Other Contractor Requirements Contractor shall: • Provided written notice to the County of any professional relationships entered into with its agencies, joint ventures or component units during the period of this contract. • Give written notice of any disciplinary action taken or pending against them by state regulatory bodies or professional organizations. County Assistance to Contractor The following assistance will be offered to Contractor: • County staff will be available during the audit to provide information, documentation and explanations. • County finance department will be responsible for prepazation of audit confirmations. • The County finance department staff will prepare audit working papers requested by the Contractor. A complete list of requested working papers shall be provided by Contractor no later than March 15~' of each year. • County will provide Contractor with reasonable workspace and access to telephone line, photocopying facilities fax and network connection during on-site field work. • County finance department will be responsible for prepazation of the Comprehensive Annual Financial Report. No assistance will be required from Contractor other than review of the document. C:\Documents and Settings\khiggins\Local Settings\Temporary Interne[ Files\Contrac[ Services 200Zfinal.doc 12 `~ EXHIBIT B Schedule for the 2007 Audit A similaz time schedule will be developed for audits of future fiscal years if the County exercises its option for additional audits. Each of the following should be completed by the auditor no later than the dates indicated. 1. Interim Work The auditor shall complete interim work by March 7, 2008. 2. Detailed Audit Plan By Mazch 10, 2008 the auditor shall provide Pitkin County a detailed year-end audit plan and a list of all workpapers to be prepazed by the Pitkin County staff. 3. Fieldwork The auditor shall complete all fieldwork by June 20, 2008. 4. Draft Reports The auditor should have review comments on the draft CAFR by June 13, 2008 and drafts of the audit reports and opinions available for review by the Finance Director by June 24, 2008. Entrance Conferences, Progress Reporting and Exit Conferences A similar time schedule will be developed for audits of future years if the County exercises its option for additional audits. At a minimum, the following conferences should be held by the dates indicated on the schedule: Week of January 21, 2008 • Entrance conference with all key Finance Department personnel and department heads of key offices or programs • The purpose of this meeting will be to discuss prior audit problems and the interim work to be performed. This meeting will also be used to establish an overall liaison for the audit and to make arrangements for work space and other needs of the auditor. -13- February 14, 2008 • Progress conference with Finance Director and department heads of key offices or programs • The purpose of this meeting will be to smmnarize the results of the preliminary review and to identify the key internal controls or other matters to be tested February 25- March 7, 2008 • Interim Work April 14, 2008 • Progress conference with Finance Director, key Finance Department personnel and other department heads of key offices or programs • The purpose of this meeting will be to discuss the yeaz-end work to be performed June 9, 2008 • Entrance conference with Finance Director to commence yeaz-end audit work June 19, 2008 • Exit conference with Finance Director and department heads of key offices or program The purpose of this meeting will be to summarize the results of the field work and to review significant findings Date Final Report is Due Pitkin County Finance Department shall prepaze draft financial statements, notes, all required supplementary schedules and statistical data by June 9, 2008. The auditor shall provide all recommendations, revisions and suggestions for improvement to the Finance Director by June 13, 2008. A revised report, including a draft of the auditor's reports shall be delivered to the Finance Director by June 24, 2008. -14- EXHIBIT C Schedule of Dates for Issuing 2007 Audit Report Activity Due Date Draft of Comprehensive Annual Financial Report delivered to 6/02/08 Contractor Contractor's recommendations, revisions, suggestions for 6/13/08 improvements and draft of all audit reports delivered to County Controller Revised draft of Comprehensive Annual Financial Report 6/18/08 delivered to Contractor for final review Final audit opinions and reports delivered to County Controller 6/24/08 Please Note: Contractor and its staff need to be available between June 16, 2008 and June 20, 2008 for telephone conferences that may be required to discuss their recommendations. A similar time schedule will be developed for audits of future years if County exercises its option for additional audits. Final audit reports shall be delivered in portable document format (pdf) or by overnight mail service. Audit report preparation and the related editing and printing shall be the responsibility of the Contractor. The final audit reports should be delivered to: Debe Nelson, Finance Director 530 East Main Street, Suite 201 Aspen, CO 81611 debenna co.roitkin.co.us -15- `~ 1 EXHIBIT D Schedule of Fees and Expenses for Additional Professional Services not Covered by Contract Partner $220/ hour Manager $160/ hour Supervisory Staff $110/ hour Staff $80/ hour Note: Out-of-Pocket expenses for audit firm staff (e.g., travel and meals) will be reimbursed at rates used for county employees. GORDON, HUGHES & BANKS, LLP Schedule of Audit Fees by Year Services Expenses* Total 2007 $41,200.00 $5,500.00 $46,700.00 2008 $42,900.00 $5,500.00 $48,900.00 2009 $44,600.00 $6,500.00 $51,100.00 Fee for additional Federal Programs $7,500.00 each *Expenses are an estimate. Out of Pocket costs will be billed at actual. -16-