HomeMy WebLinkAboutO-2001-2521
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ORDINANCE NO. 2001-2521
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND NULL-LAIRSON, P.C., CERTIFIED PUBLIC
ACCOUNTANTS, TO AUDIT THE CITY'S GENERAL-PURPOSE FINANCIAL
STATEMENTS FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 2001,
SEPTEMBER 30, 2002, AND SEPTEMBER 30, 2003, MAICING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 2001-~1~\
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PASSED AND APPROVED, this 8th day of October, 2001.
ATTEST:
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Mart a A. Gillett
City Secretary
AP~ u!
Knox W. Askins
City Attorney
By:
CITY OF LA PORTE
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Mayor
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Null ,Lairson
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CERllrtlD PUBUC I\lCOu:\.nA.... TS
I'ROn;SSIO;\IA1 CORPORATION
October I, 2001
Honorable Mayor and City Council,
Audit Committee and Management
City of La Porte, Texas
We are pleased to confirm our understanding of the services we are to provide for the City of La
Porte, Texas (the "City") for the year ended September 30, 2001. We will audit the City's
general-purpose financial statements as of and for the years ended September 30, 2001. The
general-purpose financial statements being audited will be included in the City's Comprehensive
Annual Financial Reports (CAFRs). Our audit opinions will cover the financial information to
be included in the financial section of the City's CAFRs as well as the Schedule of Expenditures
of Federal Awards included in the City's supplemental Single Audit Reports. The CAFRs and
supplemental Single Audit Reports will be prepared, with our assistance, by the City's finance
staff. The CAFRs will be submitted to the GFOA for purposes of receiving certificates of
recognition for reporting excellence.. All provisions of this agreement referring to the "auditors'
report(s)", "opinion(s)" or "report(s)" include our reports applicable to both the CAFRs'
financial section and the supplemental Single Audit Reports. We understand that the financial
statements will be presented in accordance with the financial reporting model in effect prior to
that described in GASB Statement No. 34. Also, all provisions of this agreement referring to the
City's "financial statements" include both the CAFRs and the supplemental Single Audit
Reports.
The CAFRs' financial section will also include required supplementary information on pension
plan funding progress that will not be subject to the auditing procedures applied in our audit of
the general purpose financial statements, and for which our auditor's report will disclaim an
opinion.
Audit Objectives
The objective of our audits are the expression of opinions as to whether the City's general
purpose financial statements are fairly presented, in all material respects, in conformity with
accounting principles generally accepted in the United States of America and to report on the
fairness of the other information included in the CAFRs' financial section and supplemental
Single Audit Reports, as referred to in the first paragraph, when considered in relation to the
general purpose financial statements taken as a whole. The objective also includes reporting on
Internal control related to the financial statements and compliance with laws, regulations, and the
provisions of contracts or grant agreements, noncompliance with which could have a material
effect on the financial statements in accordance with Govemment Auditing Standards.
11 Greenway Plaza, Suite 1515. Houston, TX 77046 . (713) 621-1515 . Fax: (713) 621-] 570
402 20u, Street 0 Galveston. TX 77478 . (409) 762-8380 . Fax: (409) 762-1749
MEMBERS: AMERICAN IJI;STrnJTE OF <.:E1lT1FIE[> PUIILlC ACCOUNTANTS, TE.\:AS S()CI~TY OF CEk'J'lFlI'O PlIl.Il,IC ,\n'I)UNT,\NTS,
CPA ,\SS0CIATliS INTEltNATIONAI., lNe', WITH ASSOCIATED tll'FICES IN l'IUNl'II',\I.1J,S. AND INTliRNATlONAL l'ITlES
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Honorable Mayor and City Council,
Audit Committee and Management
City of La Porte, Texas
October 1, 2001
Page 2
Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance
with laws, regulations, and the provisions of contracts or grant agreements that could have a direct
and material effect on each major program in accordance with the Single Audit Act Amendments of
1996 and OMB Circular A-133, Audits of States. Local Governments, and Non-Profit
Organizations.
The reports on internal control and compliance will each include a statement that the report is
intended for the information and use of the audit committee, management, specific legislative or
regulatory bodies, federal awarding agencies, and if applicable, pass-through entities.
Our audits will be conducted in accordance with generally accepted auditing standards; the
standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the
provisions of OMB Circular A-133, and will include tests of accounting records, a determination of
major program(s) in accordance with Circular A-133, and other procedures we consider necessary
to enable us to express such an opinion and to render the required reports. If our opinion on the
general purpose financial statements or the Single Audit compliance opinion is other than
unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable
to complete the audits or are unable to form or have not formed opinions, we may decline to express
opinions or to issue reports as a result of this engagement.
Management Responsibilities
Management is responsible for establishing and maintaining internal control and for compliance
with the provisions of contracts, agreements, and grants. In fulfilling this responsibility, estimates
and judgments by management are required to assess the expected benefits and related costs of the
controls. The objectives of internal control are to provide management with reasonable, but not
absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition,
that transactions are executed in accordance with management's authorizations and recorded
properly to permit the preparation of general purpose financial statements in accordance with
generally accepted accounting principles, and that federal award programs are managed in
compliance with applicable laws and regulations and the provisions of contracts and grant
agreements.
Management is responsible for making all financial records and related infonnation available to us.
We understand that you will provide us with such information required for our audits and that you
are responsible for the accuracy and completeness of that information. We will advise you about
appropriate accounting principles and their application and will assist in the preparation of your
financial statements, including the schedule of expenditures of federal awards, but the responsibility
for the financial statements remains with YOll. That responsibility includes the establishment and
maintenance of adequate records and effective internal control over financial reporting and
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Honorable Mayor and City Council,
Audit Committee and Management
City of La Porte, Texas
October 1, 2001
Page 3
compliance, the selection and application of accounting principles, and the safeguarding of assets.
Additionally, as required by OMB Circular A-B3, it is management's responsibility to follow up
and take corrective action on reported audit findings and to prepare a summary schedule of prior
audit findings and a corrective action plan. The summary schedule of prior audit findings should be
available for our review as soon as possible at the outset of our work each year.
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audits will involve judgment about the number of transactions to
be examined and the areas to be tested. We will plan and perform the audits to obtain reasonable
rather than absolute assurance about whether the financial statements are free of material
misstatement, whether caused by error or fraud. As required by the Single Audit Act Amendments
of 1996 and OMB Circular A-B3, our audits will include test of transactions related to major
federal award programs for compliance with applicable laws and regulations and the provisions of
contracts and grant agreements. Because of the concept of reasonable assurance and because we
will not perform a detailed examination of all transactions, there is a risk that a material errors,
fraud, other illegal acts, or noncompliance may exist and not be detected by us. In addition, an
audit is not designed to detect errors, fraud, or other illegal acts that are immaterial to the general-
purpose financial statements or to major programs. However, we will inform you of any material
errors and any fraud that comes to our attention. We will also inform you of any other illegal acts
that come to our attention, unless clearly inconsequential. We will include such matters in the
reports required for a Single Audit. Our responsibility as auditors is limited to the period covered
by our audits and does not extend to matters that might arise during any later periods for which we
are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in
the accounts, and may include tests of the physical existence of inventories, and direct confirmation
of receivables and certain other assets and liabilities by correspondence with selected individuals,
creditors, and financial institutions. We will request written representations from your attorneys as
part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of
our audits, we will also require certain written representations from you about the financial
statements and related matters.
Audit Procedures-Internal Controls
In planning and performing our audits, we will consider the internal control sufficient to plan the
audits in order to determine the nature, timing, and extent of our auditing procedures for the purpose
of expressing our opinions on City's general purpose financial statements and on its compliance
with requirements applicable to major programs.
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Honorable Mayor and City Council,
Audit Committee and Management
City of La Porte, Texas
October 1,2001
Page 4
We will obtain an understanding of the design of the rclevant controls and whether they have been
placed in operation, and we will assess control risk. Tests of controls may be perfonned to test the
effectiveness of certain controls that we consider relevant to preventing and detecting errors and
fraud that are material to the general purpose financial statements and to preventing and detecting
misstatements resulting from illegal acts and other noncompliance matters that have a direct and
material effect on the general purpose financial statements. Tests of controls relative to the general-
purpose financial statements are required only if control risk is assessed below the maximum level.
Our tests, if performed, will be less in scope than would be necessary to rcnder opinions on internal
control and, accordingly, no opinions will be expressed in our report on internal control issued
pursuant to Government Auditing Standards.
As required by OMB Circular A-] 33, we will perform tests of controls to evaluate the effectiveness
of the design and operation of controls that we consider relevant to preventing or detecting material
noncompliance with compliance requirements, applicable to each major federal award program.
However, our tests will be less in scope than would be necessary to render opinions on those
controls and, accordingly, no opinions will be expressed in our report on internal control issued
pursuant to OMS Circular A-I33.
An audit is not designed to provide assurance on internal control or to identi ty reportable
conditions. However, we will inform the governing body or audit committee of any matters
involving internal control and its operation that we consider to be reportable conditions under
standards established by the American Institute of Certified Public Accountants.
Reportable conditions involve matters coming to our attention relating to significant deficiencies in
the design or operation of the internal control that, in our judgment, could adversely affect the
entity's ability to record, process, summarize, and report f:inancial data consistent with the
assertions of management in the general purpose financial statements. We will also inform you of
any nonreportable conditions or other matters involving internal control, if any, as required by
OMB Circular A-I33.
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Honorable Mayor and City Council,
Audit Committee and Management
City of La Porte, Texas
October I, 2001
Page 5
Audit Procedures-Compliance
Our audits will be conducted in accordance with the standards referred to in the section titled Audit
Objectives. As part of obtaining reasonable assurance about whether the general purpose tinancial
statements are free of material misstatement, we will perform tests of the City's compliance with
applicable laws and regulations and the provisions of contracts and agreements, including grant
agreements. However, the objective of those procedures will not be to provide opinions on overall
compliance and we will not express such opinions in our report on compliance issued pursuant to
Government Auditing Standards.
OMB Circular A-133 requires that we also plan and perform the audits to obtain reasonable
assurance about whether the City has complied with applicable laws and regulations and the
provisions of contracts and grant agreements applicable to major programs. Our procedures will
consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement.
The purpose of those procedures will be to express opinions on the City's compliance with
requirements applicable to major programs in our reports on compliance issued pursuant to OMB
Circular A-I33.
Audit Administration, Fees, and Other
We understand that your employees will prepare all confirmations we request, will locate any
invoices selected by us for testing, and will generally assist us as needed during the course of our
audits.
At the conclusion of the engagement, it is management's responsibility to submit the reporting
package (including financial statements, schedule of expenditures of federal awards, summary
schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data
Collection FOIDl to the designated federal clearinghouse and, if appropriate, to pass-through entities.
The Data Collection Form and the reporting pacbge must be submitted within thl' earlier or 31)
days after receipt of the auditors' reports or nine months aller the end of the audit period. unless a
longer period is agreed to in advance by the cognizant or oversight agency for audits, At the
conclusion of the each year's engagement, we will provide information to managcmcnt as to whcrc
the reporting packages should be submitted and the number to submit.
The workpapers for this engagement are the property of Null-Lairson, P.C. and constitute
confidential information. However, we may be requested 10 make certain workpapcrs available 10
appropriate governmental regulatory agencies pursuant to authority given 10 il by law or reglllaliol1,
If requested, access to such work papers wi II be provided under the supervision (1t" ~ ull- L<l i rsull.
P.C. personnel. Furthermore, upon request, we Illay provide phlltocopics 0" selected workpapers 10
appropriate governmental regulatory agencies. The appropriatc governmental regulatory agcncics
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Honorable Mayor and City Council,
Audit Committee and Management
City of La Porte, Texas
October 1,2001
Page 6
may intend, or decide, to distribute the photocopies or infomlation contained therein to others,
including other governmental agencies.
The workpapers for this engagement will be retained for a minimum of three years aHer the date the
auditors' reports are issued or for any additional period requested by the an appropriate
governmental regulatory agency. If we are aware that a federal awarding agency, pass-through
entity, or the City is contesting an audit finding, we will contact the party(ies) contesting the audit
finding for guidance prior to destroying the workpapers,
We expect to begin our audits and to issue our reports in accordance with time frames acceptable to
the City's management as determined at the outset of our work. Our estimated annual fees for these
services will be at our standard hourly rates plus out-of-pocket costs (such as postage, travel, copies,
telephone, etc.) as more fully described in our proposal document dated July 31, 200 I arc as
follows:
Services to be Provided
Financial statement audit
La Porte Area Water
Authority audit and
reporting
Federal Single Audit
procedures and reporting
Fees Not
to Exceed
$ 28,750
5,000
6,000
Our standard hourly rates vary according to the degree of responsibility involved and the experience
level of the personnel assigned to your audits. Our invoices for these fees will be rendered each
month as work progresses and are payable on presentation. The above estimated fees are based on
anticipated cooperation from your personnel and the assumption that unexpected circumstances will
not be encountered during the audits. If significant additional time is necessary, we will discuss it
with you and arrive at a new fee estimate before we incur the additional costs,
Government Auditing Standards require that we provide you with a copy of our most recent quality
control review report. Our 1998 peer review report has been provided for your review.
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Honorable Mayor and City Council,
Audit Committee and Management
City of La Porte, Texas
October 1,200]
Page 7
We appreciate the opportunity to be of service to the City of La Porte, Texas and believe Ihis letter
accurately summarizes the significant terms of our engagement. If YOll have any questions, please
let us know. If you agree with the terms of our engagement as described in this letter, please sign
the enclosed copy and return it to us.
Sincerely,
~ Jf ;;l~Vtt, fc
Null-Lairson, P.C.
RESPONSE:
Title:
ndcrstanding of the City of La Porle, Texas.
By:
v
Date:
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ASSOCIATES
I~TER~ATIONAL
June 9, 1999
To the Shareholders
Null- Lairson, P,C.
We have reviewed the system of quality control for the accounting and auditing prOCtlCe of Null
- Lairson, P.C. (the firm) in effect for the year ended December 3', 1998, A system ot quality conlrol
encompasses the firm's organizational structure and the pOlicies adopted and procedures established
to provide it with reasonable assurance of complying with professional standards, The elements of
quality control are described in the Statements on Quality Control Standards issued by the American
Institute of Certified Public Accountants (the "AICPA"). The design of the system. and compliance
with it, are the responsibilities of the firm. In addition, the firm has agreed to comply with the
membership requirements of the SEC Practice Section of the AICPA Division for CPA Firms (the
Section). Our responsibility is to express an opinion on the design of the system. and the firm's
compliance with that system and the Section's membership requirements based on our review,
Our review was conducted in accordance with standards established by the Peer Review
Committee of the Section. In performing our review, we obtained an understanding of the system of
quality control for the firm's accounting and auditing practice. In addition, we tested compli;lnce wilh
the firm's quality control policies and procedures and with the membership reQulfements 01 the Section
to the extent we considered appropriate. These tests covered the application 01 Ihe linn's pOlicies and
procedures on selected engagements, Because our review was based on selective lests, it would not
necessarily disclose all weaknesses in the system of quality control or all instances of lack 01
compliance with it or with the membership requirements of the Section, As is customary in a peer
review, we are issuing a letter under this date that sets forth comments relating 10 certain pOlicies and
procedures or compliance with them, These mailers were not considered 10 be of sufficient
significance to affect the opinion expressed in this report.
Because there are inherent limitations in the effectiveness of any system of quality control,
departures from the system may occur and not be detected, Also, projection of any evaluation of a
system of quality control to future periods is subject to the risk that the system of quality control may
become inadequate because of changes in conditions, or that the degree 01 complianct:' with the
policies or procedures may deteriorate.
In our opinion. the system of quality control for the accounting and auditing practice 01 Null .
Lairson, P ,C. in effect for the year ended December 31. 1998. has been designed to meel the
requirert:lents of the quality control standards for an accounting and auditing practice established by
the AICPA. and was complied with during the year then ended to provide the lirm With reasonable
assurance of complying with professional standards, Also, in our opinion, the tirm has complied With
the membership requirements of the Section in all material respects,
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Lisa L, O'Oell. CPA
Team Captain
CPA A'!'sodale< 11lIcrn:ulonal. Inc.
Meadows Office: Comptex, 30J Route: 17 :-Oor,h. Rutherford, :-0.], OiO"O
Tel: 201.1104-11(,116 Fax: 201.804-9l22
E. mail: homc:offic::e<e1CJ)33i.com
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NuH'Lairson
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CCRlImD PUBliC ACCOUNTM TS
PROFF..SSIONAI. (,()RPORATION
October I, 200 I
Ms. Cynthia Alexander
Director of Finance
La Porte, Texas
Dear Cynthia:
Attached is our engagement letter for the year ended September 30, 2001. The letter covers all
of the formal disclosures promulgated by both generally accepted and governmental auditing
standards.
The letter is intended to mirror our proposal document dated July 13, 2001 in terms of fee
structure and scope of the engagement. An executed copy of this engagement letter should be
forwarded to our office in order for our staff to begin year-end fieldwork. A copy should be
maintained for your records.
Please note this engagement letter excludes any reference to audit requirements relating to state
funding.
We are excited about the opportunity to serve the City and look forward to working with you and
your staff.
Sincerely,
Null-Lairson, P.C.
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Christopher L. Breaux, CPA
Principal - Audit Services
Attachments
11 Greenway Plaza, Suite 1515. HOllston, TX 77046. (713) 621-1515. Fax: (713) 621-1570
402 20u, Street.. Galveston, TX 77478. (409) 762-8380 0 Fax: (409) 762-1749
MEMBERS: AM ERIC AN lNST/Tlm, 01' C:ERTU'IED 1'\l81.1C l\tTOUNTANTS, TEXAS sonny 01' CERTIFIED l'UULIt' 1\c:c:r)\I~T^"TS,
CPA ASS' )(;IA'l'ES INn:RNA"I(lNAI~ INC', WITH ASSUCIATlil) OFt"lt"ES IN "IUNt'IPAl.lI$. Ai'll) INTERNAI'IONAl. <:TI'IES