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Resolution No. 93941 2 3 4 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND RATIFYING THE EXECUTION OF AN ENGAGEMENT LETTER AGREEMENT FOR AUDITING SERVICES BY AND BETWEEN THE CITY OF VERNON AND MACIAS GINI & O'CONNELL LLP WHEREAS, on September 15, 2004, the City�Council of the City of Vernon adopted Resolution No. 8533 approving an Engagement Letter (Agreement with Macias Gini & Company for auditing services for the fiscal year ending June 30, 2004 for both the City and the Redevelopment Agency of the City of Vernon• and WHEREAS, in order to safeguard Vernon's rights and in order to meet the urgent need for the auditing services, the Finance Director executed the Engagement Letter Agreements dated September 19, 2005 and March 21, 2006 for auditing services for the fiscal years ending June 30, 2005 and June 30, 2006, and authorized payment in accordance with the terms thereof, subject to ratification by the City Council; and WHEREAS, the City of Vernon ("City") desires to retain the services of an auditing service to perform the audit for the fiscal year ending June 30, 2007 for both the City and the Redevelopment Agency of the City of Vernon; and WHEREAS, Macias Gini & O'Connell LLP ("Macias"), formerly known as Macias Gini & Company LLP, has performed financial auditing services for the City in the past and therefore can provide the financial auditing services required by the City in a more efficient and effective manner; and WHEREAS, in order to meet the urgent need to commence the 1 auditing services on August 27, 2007 and in order to expedite the 2 development of the financial statements, the Finance Director executed 3 an Engagement Letter Agreement (the "Agreement") with Macias on 4 August 7, 2007, subject to ratification by the City Council; and 5 WHEREAS, the City Council of the City of Vernon desires to 6 approve and ratify the execution of the Engagement Letter Agreement 7 dated August 2, 2007, by the Finance Director, the Engagement Letter 8 Agreement dated September 19, 2005, by the Finance Director and the 9 Engagement Letter Agreement dated March 21, 2006, by the Finance 10 Director (collectively, the "Engagement Letter Agreements"); and 11 WHEREAS, the City Council of the City of Vernon also desires 12 to ratify any other action taken pursuant to said Engagement Letter 13 Agreements; and 14 WHEREAS, the City Council of the City of Vernon has 15 determined that, pursuant to the provisions of subsection (a) of 16 Section 2.27 of the Vernon City Code, it is in the public interest and 17 necessity to ratify entering into the Agreement with Macias. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 19 CITY OF VERNON AS FOLLOWS: 20 SECTION 1: The City Council of the City of Vernon hereby 21 finds and determines that the recitals contained hereinabove are true 22 and correct. 23 SECTION 2: The City Council of the City of Vernon hereby 24 ratifies the execution of the Engagement Letter Agreements dated 25 August 2, 2007, March 21, 2006 and September 19, 2005 by the Finance 26 Director with Macias Gini & O'Connell LLP and Macias Gini & Company 27 LLP, copies copy of which are attached hereto as Exhibits A, B and C, 28 respectively, and incorporated by reference. 2 1 2 3 4 5 6 7 8 9 10\ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: The City Council of the City of Vernon hereby approves and ratifies all actions taken by the Finance Director pursuant to the terms and conditions of the Engagement Letter Agreements and approves and ratifies all payments made in accordance with said Engagement Letter Agreements. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever action necessary for the purpose of implementing and carrying out the purposes specified in the Engagement Letter Agreement dated August 2, 2007. SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 27th day of August, 2007. TTEST: NUELA GIRO' C' y Clerk Name: Leonis C. Malburg Title: Mayor 3 - 1 STATE OF CALIFORNIA ) ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 9394, was. 6 duly adopted by the City Council of the City of Vernon at a special 7 meeting of the City Council duly held on Monday, August 27, 2007, and 8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of 9 Vernon. 10 11 MANUELA -IRO, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _ 4 _ EXHIBIT A qq;t Gz 'l 1 a € MACIAs GINi & O'CONNELL LLP CERTIFIED PUBLIC ACCOUNTANTS S MANAGEMENT CONSULTANTS August 2, 2007 Mr. Rory Burnett Director of Finance City of Vernon 4305 S. Santa Fe Avenue Vernon, CA 90058 3000 S Street, Suite 300 Sacramento CA 95816 9i 6 918,11600 2175 N. California Boulevard, Suite 645 Walnut Creek, CA 94596 925.274.0170 5I S S. Figueroa Street, Suite 325 Los Angeles, CA 90071 213.286.6e00 402 West Broadway, Suite 400 San Diego, CA 92101 61 °.57:s.1 1 12 We are pleased to confirm our understanding of the services we are to provide the City of Vernon (Vernon) for the year ended June 30, 2007. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of Vernon as of and for the year ended June 30, 2007. The document we submit to you will include the following supplemental information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. 2. Budgetary Comparison Schedule. We will also audit, the financial statements of the governmental activities and the major fund; which collectively comprise the basic financial statements of the Vernon Redevelopment Agency as of and for the year ended June 30, 2007. The document we submit to you will include the following supplemental information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. Audit Objectives The objective, of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financials statements taken as a whole. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. www.mgocpa.corn An Independent Member of the BDO Seidman Alliance For the Vernon Redevelopment Agency, our audit will also be conducted in accordance with the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the Vernon Redevelopment Agency and other procedures we consider necessary to enable us to express such an opinion. We will also provide a report (that does not include an opinion) 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 as required by Government Auditing Standards. This report will include a statement that the 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 that these specified parties. Management Responsibilities Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit 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 advise you in the preparation of your financial statements, but the responsibility for the financial statements remains with you. You are responsible for making all management decisions, performing all management functions, and designating a management -level individual with sufficient skills, knowledge or experience to oversee our financial statement preparation services and to evaluate the adequacy and the results of those services. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of 2 assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute, assurance and because we Will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit 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 audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that Vernon complies with laws, regulations, contracts, and agreements is the responsibility of management. As' part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of Vernon's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures — Internal Control In planning and performing our audits, we will obtain an understanding of internal control sufficient to assess the risks of material misstatements of the financial statements and to design the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on Vernon's financial statements. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that are required to be communicated under professional standards and Governmental Auditing Standards. Audit Administration, Fees, and Other We understand that your employees will provide all items shown on the prepared by client (PBC) schedule as well as supporting documents selected by us for testing. We expect to begin our audit on approximately August 27, 2007 and to issue our report on the basic financial statements of Vernon no later than October 30, 2007. We will issue the basic financial statements of the Vernon Redevelopment Agency no later than December 15, 2007. Our fee for these services will be at our standard hourly rate plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) and will be billed on a time and materials basis. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of- pocket costs through the date of termination. Peer Review Report Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2006 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of Vernon and believe this letter accurately summarizes the significant terms of our engagement. If you 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. Very truly yours, Macias Gini & O'Connell LLP James V. Godsey Partner El RESPONSE: This letter correctly sets forth the understanding of the City of Vernon. By: Title Dab 5 DAVIS MONK Company Certified Public Acanuuaots & Ciuxincsti C•UINU1knn5 l Pelftirra vhip (`rrErsi.;rirY: ,;j 1', t!fe� < <i,,r+nr As_vuiur� nr1 s taint,svilie /010 N.W. ih Place P.O. lioy i ,49� t ?"2(04 ) Ciamesvilic. Florida 2rY)6 Phone i;i'I 3 ,46110 (500) 3-11->031 Fat: (33 it ?7;_ I lh Palatka W6 Snuth Suite Road Iri Rdatka. Ploilda 121 Ti Phonc:l?S6)325-4561 Fax: OM) 3-IS-1014 May 26, 2006 To the Partners of Macias, Gini & O'Connell, LLP and the Center for Public Company Audit Firms Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Macias, Gini & O'Connell, LLP (the "firm") applicable to non -SEC issuers in effect for the year ended March 31, 2006. The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that portion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control 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 Accountant's (AICPA). The design of the system, and compliance with it, are the responsibilities of the firm. Our responsibility is to express an opinion on the design of the system and the f rm!s compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Fimis and St. Augu.slhte 13Q 1 Plantation Island Dr. included procedures to plan and perform the review~ that are siuiunarized in Suite _10.A the attached description of the peer review process. Our review would not St. Augusune_ 1 Ittrida >t;t, necessarily disclose all weaknesses in the system of quality control or all Phone: t9lkl,471- 3445 instances of lack of compliance with it since it was based onselectivetests. r:,,: r 901;17 1-_I Because there are inherent limitations in the effectiveness of any system of quality control, departures fi•om the system may occur and not be detected. luet�sf,e: Also, projection of any evaluation of a system of quality control to future we �uikn unxilik.com periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. CPAnierit:a Ime.rnalional 1=1111 ida Institute of Uertilt:•d Public Accountalits American Institute of Certified Public Aciotuvmits Hovwziih International In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of Macias, Gini & O'Connell, LLP in effect for the year ended March 31, 2006, has been designed to meet the requirements 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 firm with reasonable assurance of conforming with professional standards. 361 I 3000 S Street, Suite 300 wwrn Sacramento, CA 95816 916.928.4600 2175 N. Califomla Boulevard, Suite 645 Walnut Creek CA 94596 MAC IAS G I N I OICO N N ELL LLP 92S.274.0190 5IS S. Figueroa Street, Suite 325 CERTIFIED PUBLIC ACCOUNTANTS S MANAGEMENT CONSULTANTS Los Angeles, CA90071 213.286.6400 402 West Broadway, Suite 400 San Diego, CA 92101 619.S73.1112 March 21, 2006 Mr. Rory Burnett City Finance Director City of Vernon, California 4305 Santa Fe Avenue Vernon, California 90058 This letter will confirm our understanding of the services we are to provide for the City of Vernon, California, (City) on an on -going basis., until which time either party determines that the services are no longer required. These services will include auditing the City's accounting records and interim financial statements in accordance with auditing standards generally accepted in the United States of America. The audit procedures will be performed on a periodic..or quarterly basis, throughout the fiscal year, as determined by mutual agreement between the City and Macias Gini & Company LLP, We will also perform other assignments as requested by the City, within professional independence guidelines. Audit Services We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the City's basic financial statements as of and for the City's fiscal year ended June 30. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis 2. Budgetary Comparison Information Audit Objective The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to fonn or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. www.mgocpa.com An Independent Member of the 81130 Seidman Alliance Management Responsibilities Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application in the preparation of your financial statements, but the responsibility for preparing the financial statements remains with you. You are responsible for making all management decisions, performing all management functions, and designating a management -level employee with sufficient skills, knowledge, or experience to oversee financial statement preparation. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, or violations of contracts or grant agreements that we may report. Audit Procedures --General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit 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 audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that the City complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial 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. However, the objective of our audit will not be to provide an opinion on overall compliance and. we will not express such an opinion. Audit Procedures —Internal Control In planning and performing our audits, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City's financial statements. An audit is not designed to provide assurance on internal control or to identify 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 financial data consistent with the assertions of management in the financial statements. Other Assignments Macias Gini & Company LLP will perform other assignments requested by the City (i.e., periodic attestation work, etc.), within the parameters of professional independence guidelines. Fees All services under this agreement will be billed to the City at our hourly rates currently in place at the time, in addition to any out-of-pocket expenses. We appreciate the opportunity to be of service to the City of Vernon, California, and believe this letter accurately summarizes the significant terms of our engagement. If you 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 acknowledgement and return it to us. Very truly yours, Macias Gini &. Company LLP f � e-4- /,0 RESPONSE: This letter correctly sets forth the understanding of the City of Vernon, California. By:_ Title: Date: EXHIBIT C MACIAS GINI & COMPANYLLP 515 S. Figueroa Street, Ste. 325 Los Angeles, California 90071 2 13.6 12.0200 PHONE 213.286.6426 FAx September 19, 2005 Mr. Rory Burnett Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 We are pleased to confirm our understanding of the services we are to provide the City of Vernon, California (Vernon) for the year ended June 30, 2005. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements, of Vernon as of and for the year ended June 30, 2005. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. 2. Budgetary Comparison Schedule. We will also audit the financial statements of the governmental activities and the major fund, which collectively comprise the basic financial statements of the Vernon Redevelopment Agency as of and for the year ended June 30, 2005. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. We will audit the fund financial statements of the City of Vernon Light and Power Fund as of and for the year ended June 30, 2005. Audit Objective audit will be conducted in accordance with U.S. generally accepted auditing standards and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not fonned an opinion, we may decline to express an opinion or to issue a report. as a result of this engagement. For the Vernon Redevelopment Agency, our audit will also be conducted in accordance with the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the Vernon Redevelopment Agency and other procedures we consider necessary to enable us to express such an opinion. We will also provide a report (that does not include an opinion) 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 as required by Government Auditing Standards. This report will include a statement that the 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. Management Responsibilities Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit 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 if requested, may assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. You are responsible for making all management decisions, performing all management functions, and designating a management -level employee with sufficient skills, knowledge, or experience to oversee our financial statement preparation services and to evaluate the adequacy and results of those services. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles; and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, or violations of contracts. or grant agreements that we may report. Audit Procedures —General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan. and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential; Our responsibility as auditors is limited to the period covered by our audit 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 audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that Vernon complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of Vernon's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures —Internal Control In planning and performing our audits, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on Vernon's financial statements. An audit is not designed to provide assurance on internal control or to identify 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 financial data consistent with the assertions of management in the financial statements. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We expect to begin our audit on approximately September 19, 2005 and to issue our reports no later than November 30, 2005. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses will not exceed $130,000. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. 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. We appreciate the opportunity to be of service to the City of Vernon and believe this letter accurately summarizes the significant terms of our engagement. If you 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. Very truly yours; Macias Gini & Company LLP James V. Godsey, CPA Partner RESPONSE: This letter correctly sets forth the understanding of the City of Vernon. By: VICI-7V Title: D l e e c 4m, D Ft tjg fjc-r Date: q /.a(o 10 a WILLIAM V. ALLEN, Jr. Certified Public Accountants PEER REVIEW REPORT June 13, 2003 To the Partners Macias, Gini & Company LLP We have reviewed the system of quality control for the accounting and auditing practice of Macias, Gini & Company LLP (the firm) in effect for the year ended March 31, 2003. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of conforming 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 (AICPA). The design of the system and compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with the system based on our review. Our review was conducted in accordance with standards established by the Peer Review Board of the AICPA. 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 compliance with the firm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it. 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 because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Macias, Gini & Company LLP in effect for the year ended March.31, 2003, has. been designed to meet the requirements 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 firm with reasonable assurance of conforming with professional standards. `William V Allen, Jr. Peer Review Without Peer 2148 Margarita Drive ♦ The Villages, FL 32159 ♦ (352) 750-9636 ♦ billObillallen.com 3000 S Street, Suite 300 Sacramento, CA 95816 916.92&.4600 or" I 'a i- lgas IkJL V , MACIAS GINI & 01CONNELL LLP CERTIFIED PUBLIC ACCOUNTANTS S MANAGEMENT CONSULTANTS August 2, 2007 Mr. Rory Burnett Director of Finance City of Vernon 4305 S. Santa Fe Avenue Vernon, CA 90058 2175 N. California Boulevard, Suite 6,45 Walnut Creek, CA 94596 925.2 74.0190 515 S. Figueroa Street, Suite 325 Los Angeles, CA 90071 2111.2a6.6400 402 West Broadway, Suite 400 San Diego, CA 92101 619373.1112. We are pleased to confirm our understanding of the services we are to provide the City of Vernon (Vernon) for the year ended June 30, 2007. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of Vernon as of and for the year ended June 30, 2007. The document we submit to you will include the following supplemental information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. 2. Budgetary Comparison Schedule. We will also audit the financial statements of the governmental activities and the major fund, which collectively comprise the basic financial statements of the Vernon Redevelopment Agency as of and for the year ended June 30, 2007. The document we submit to you will include the following supplemental information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financials statements taken as a whole. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to 'express an opinion or to issue a report as a result of this engagement. www.rngocpa.corn An Independent Member of the 13130 Seidman Alliance For the Vernon Redevelopment Agency, our audit will also be conducted in accordance with the standards for financial audits contained' in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the Vernon Redevelopment Agency and other procedures we consider necessary to enable us to express such an opinion. We will also provide a report (that does not include an opinion) 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 as required by Government Auditing Standards. This report will include a statement that the 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 that these specified parties. Management Responsibilities Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit 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 advise you in the preparation of your financial statements, but the responsibility for the financial statements remains with you. You are responsible for making all management decisions, performing all management functions, and designating a management -level individual with sufficient skills, knowledge or experience to oversee our financial statement preparation services and to evaluate the adequacy and the results of those services. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of OJI assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit 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 audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that Vernon complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of Vernon's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures — Internal Control In planning and performing our audits, we will obtain an understanding of internal control sufficient to assess the risks of material misstatements of the financial statements and to design the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on Vernon's financial statements. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that are required to be communicated under professional standards and Governmental Auditing Standards. Audit Administration, Fees, and Other We understand that your employees will provide all items shown on the prepared by client (PBC) schedule as well as supporting documents selected by us for testing. We expect to begin our audit on approximately August 27, 2007 and to issue our report on the basic financial statements of Vernon no later than October 30, 2007. We will issue the basic financial statements of the Vernon Redevelopment Agency no later than December 15, 2007. 3 Our fee for these services will be at our standard hourly rate plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) and will be billed on a time and materials basis. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You, will be obligated to compensate us for all time expended and to reimburse us for all out-of- pocket costs through the date of termination. Peer Review Report Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2006 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of Vernon and believe this letter accurately summarizes the significant terms of our engagement. If you 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. Very truly yours, � Macias Gini & O'Connell LLP James V. Godsey Partner 4 RESPONSE: This letter correctly sets forth the understanding of the City of Vernon. go Tith Datf 26, 2000 DAVISMay MONK To the Partners of Macias, Gini & O'Connell, LLP and the Center for Public Company Audit Firms Peer Review Committee Company Ce,iified Public Accountants We have reviewed the system of quality control for the accounting and (3475111CS7i i'.OnSIl IIi1111S - auditing practice of Macias, Gini & O'Connell, LLP (the "firm'') 1 / rrr!„r,,hip z r>„-5, r ,,.- t.,t applicable to non -SEC issuers in effect for the year ended March 31, 2006. The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Gainesville Oversight Board (PCAOB) is responsible for inspecting that portion of J010 N.W. _15al Piaec the firm's accounting and auditing practice in accordance with PCAOB P.O. Box 13494 t a>>W-o requirements. A system of quality control encompasses the firm's Gahtewille. Honda 3 606 organizational structure, and the policies adopted and procedures Phony t 35?1 32,-6300 established to provide it with reasonable assurance of complying with (1,00) 34 k, 03.1 Fax (372) 371-I �83 professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountant's (AICPA). The design of the Palatka system, and compliance with it, are the responsibilities of the firm. Our gob South Slate Road 19 responsibility is to express an opinion on the design of the system and the Palalb. Florida 3, 177 Phone: (380) 325-11561 finn's compliance with that system based on our review. Fax: (,S61 ?8-1014 Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and Sl Augi aline included procedures to plan and perform the reviewthat are summarized in 1:301 Plantation Ishild Dr, Saito 20 A the attached description of the peer review process. Our review would not St. AL)pisune. Florida 201SO necessarily disclose all weaknesses in the system of quality control or all 1111onr: (90-1)471 344-5 instances of lack of compliance with it since it was based oil selective tests. Fax: `904) -171 ,1R_'.5 Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Wrbsite: Also, projection of any evaluation of a system of quality control to future W\11Cdav ismo111Lconi - periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of Macias, Gini & O'Connell, LLP in effect for the year ended March 31, 2006, has been designed to meet the requirements of the quality control standards for all accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the finn with reasonable assurance of conforniing with professional standards. CPAtn4rica lntettmti°nal Florida fits(itute of Certified Public Accommints American Ins ilute of Certified Public Accountants Hot wall) 61tcrnational no