HomeMy WebLinkAbout07-20-20 City Commission Packet Materials - C2. Contract for Annual Financial Audit for FY20
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian LaMeres, City Controller
Kristin Donald, Finance Director SUBJECT: Contract for annual Financial Audit of Fiscal Year 2020
MEETING DATE: July 20, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to sign a Standard Audit Contract by and between the City of Bozeman, Anderson ZurMuehlen & Company (AZ), and the State of Montana – Department of Administration Local Government Services Bureau.
BACKGROUND: Section 2-7-503 MCA requires that a financial report be prepared for every fiscal year. This statute also requires a biannual audit of this financial report – including the accounts, financial records, and transactions of all administrative departments of the City – by independent certified public accountants selected by the City Commission. The City Commission
and City Administration have historically believed that an annual audit provides a higher level of
financial assurance and fiscal integrity than a biannual audit, and this annual audit requirement is stated in Section 5.09 of the City Charter.
The Commission previously authorized the City Manager to sign a two-year contract which covered Fiscal Years 2018 and 2019, with an option to extend the audit firm AZ’s services for another year. At its meeting on December 2, 2019, the City’s Audit Committee (consisting of two members of the
public and two City Commissioners) recommended approval of this contract extension to cover Fiscal Year 2020.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The cost of the annual audit is included in the annual budget and is allocated across various City funds. This year’s contract price of $45,000 represents a $1,000 increase over
the previous two-year contract price of $44,000 for each year.
Attachments: Standard Audit Contract
Report compiled on: July 9, 2020
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DEPARTMENT OF ADMINISTRATION
STANDARD AUDIT CONTRACT
This Contract is made this 9th day of July ,2020 , by and among
Anderson ZurMuehlen & Co., P.C.
Certified Public Accountant
("Contractor"),
City of Bozeman, Montana
Governmental Entity
("Entity"),
and the Montana Department of Administration, Local Government Services,("State"),acting under the
authority of Title 2, Chapter 7, Part 5, of the Montana Code Annotated. The State’s mailing address, phone
number and e-mail address are P.O. Box 200547, Helena, MT 59620-0547; (406) 444-9101; and
LGSPortalRegistration@mt.gov.
1.Effective Date:This contract is not effective with respect to any party until it is approved and signed
by the State, as required by Section 2-7-506(3), MCA. The Contractor may not begin any audit work
until the State gives this approval. If the Contractor begins work before the State’s approval of the
contract and the State subsequently does not approve the contract, the Contractor is not entitled to receive
any compensation for the work performed.
2.Audit Period and Payment:This contract covers the following audit period(s):
June 30 , 2020 to , __.
A.The Entity shall pay the Contractor for the audit work on the basis of time and necessary out-of-pocket
expenses, which will not exceed:
$ 45,000 for initial (or sole) audit covering 7 / 1 / 2019 to 6 / 30 / 2020 .
$ for subsequent audit covering / / to / / .
$ for subsequent audit covering / / to / / .
The Entity shall pay the fees listed in Appendices A, B & C, as applicable, which are attached hereto
and incorporated by reference. Any change to the audit fees requires a contract amendment.
B.The contract payments do not include the cost of additional work that may be required if the
Contractor discovers a defalcation or material irregularity. Any change in the scope of the audit
services to be provided under this contract requires a contract amendment.
C.The Contractor may submit interim bills to the Entity each month, based upon the estimated
percentage of contract completion. The Entity may retain ten percent (10%)of each of these estimates
until the Contractor has delivered the final audit report, at which time the Entity shall release the
amount retained.
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3.Peer Review: The Contractor shall provide the Entity with a copy of its most recent external peer review
report and any letter of comment, and any subsequent peer review reports and letters of comment received
during the contract period.
4.Audit Scope:The Contractor shall perform the following:
A.The Contractor shall conduct the audit in accordance with (i)generally accepted auditing standards
adopted by the American Institute of Certified Public Accountants and (ii)the standards applicable to
financial audits contained in Government Auditing Standards, issued by the Comptroller General of
the United States.
The Contractor shall opine on the presentation of the Entity’s financial statements in accordance with
the Entity’s applicable financial reporting framework prescribed at Section 2-7-504, MCA.
If the Contractor’s opinion on the Entity’s financial statements is other than unmodified, the Contractor
shall fully discuss the reasons with the Entity in advance of issuing a report. If, for any reason, the
Contractor is unable to complete the audit or is unable to form or has not formed an opinion, the
Contractor may decline to express an opinion or decline to issue a report as a result of the engagement.
B.The Contractor shall perform tests of internal control over financial reporting.Findings resulting from
these tests shall be reported in accordance with Government Auditing Standards
C.The Contractor shall perform tests of the Entity’s compliance with provisions of laws, regulations,
contracts, and grant agreements. The Contractor shall use the local government compliance
supplement prepared by the State, as required by Section 2-7-505(2), MCA, in conjunction with
Government Auditing Standards to determine the compliance testing to be performed during the audit.
Findings resulting from these tests shall be reported in accordance with Government Auditing
Standards.If the Contractor becomes aware of fraud, waste or abuse, the Contractor shall report
related findings in accordance with Government Auditing Standards. The Contractor shall perform
tests, including but not limited to the following, to determine whether:
(1)the Entity has complied with all appropriate statutes and regulations, as required by Section 2-7-
502, MCA;
(2)the Entity has complied with the provisions of each of its debt covenants and agreements;
(3) if the audit is of a county, city or town, the Entity has retained money in a local charge for
services fund contrary to the requirements of Sections 17-2-301 through 17-2-303, MCA,as
required by Section 17-2-302, MCA. The Contractor shall report any findings of
noncompliance with the provisions of these statutes,regardless of materiality; and
(4)if the audit is of a county or consolidated city/county government, the Entity has complied with
state laws relating to receipts and disbursements of agency or custodial funds maintained by the
Entity, as required by Section 2-7-505, MCA.
If required by the State, the Contractor shall provide documentation of testing performed to comply
with (3) and (4), above.
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D.When applicable, the audit must meet all requirements of the Federal Single Audit Act of 1984, as
amended, and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”).
If these federal regulations are amended, the amended regulations will prevail.
E.The audit scope with regard to federal financial assistance for each fiscal year covered by this contract
must be as specified in Appendices A,B and C. Any change to the audit scope with regard to federal
financial assistance requires a contract amendment.
F. Except as provided below, for purposes of determining the scope of the audit, the Entity is considered
the financial reporting entity as defined in the Entity’s applicable financial reporting framework
prescribed at Section 2-7-504, MCA.This provision does not preclude the Entity from engaging a
different audit firm for the audit of a segment,fund or component unit of the Entity. However, both
the Entity and Contractor shall notify the State whenever the Entity elects to engage a different audit
firm for the audit of a segment,fund or governmental component unit. Such additional audit must be
contracted for on the State’s Standard Audit Contract, and the audit firm shall be on the Roster of
Independent Auditors authorized to conduct audits of Montana local governments that is maintained
by the State.
If this contract is for an audit of a segment, fund, or governmental component unit of the primary
government, the Entity is considered to be the segment, fund or component unit.
G.Any school district audit must also include auditing procedures sufficient to provide an opinion as to
whether the following supplemental information is fairly stated in relation to the basic financial
statements:
(1)the school district's enrollment for the fiscal year or years being audited as reported to the Office
of Public Instruction in the Fall and Spring “Student Count for ANB” reports; and
(2)when applicable, the extracurricular funds for pupil functions.
H.If the Entity is a school district or associated cooperative, the Contractor shall contact the State Office
of Public Instruction and the county superintendent of schools before or during the audit of the Entity.
The Contractor shall determine whether those offices are aware of potential financial or legal
compliance problems relating to the Entity that could affect the scope of the audit.
I.The Contractor shall immediately notify the Entity and the State in writing of any material
irregularities it discovers. If the Entity is a school district or special education cooperative, the
Contractor shall also immediately notify the State Office of Public Instruction in writing.
J.The Contractor shall notify the Entity of all proposed audit adjustments and, if the Entity concurs,
shall obtain written acceptance of these proposed adjustments. The State reserves the right to request
documentation of these proposed and accepted audit adjustments.
5.Entity’s Responsibilities:The Entity shall be responsible for:
A.its basic financial statements, including note disclosures;
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B.all supplementary information required by its applicable financial reporting framework prescribed at
Section 2-7-504, MCA and by provisions of this contract;
C.establishing and maintaining effective internal control over financial reporting, including internal
controls related to the prevention and detection of fraud;
D.ensuring that it complies with the laws, regulations, contracts and grant agreements applicable to its
activities;
E.making all financial records and related information available to the Contractor;
F.the schedule of expenditures of federal awards required for audits conducted under Uniform
Guidance;
G.approving all proposed audit adjustments before posting, if the Entity concurs with the proposed
adjustments;
H.adjusting the financial statements and accounting records to correct material misstatements and to
agree with the audited financial statements;and
I.providing the Contractor, at the conclusion of the audit engagement, with a letter that confirms certain
representations made during the audit, including an affirmation that the effects of any uncorrected
misstatements aggregated by the auditor 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.
6.Dates for Annual Financial Report or Trial Balance of Accounts:The Entity shall prepare its annual
financial report or a trial balance of accounts no later than the dates specified in Appendices A, B and C. If
the Entity is unable to prepare its annual financial report or trial balance by the date specified in the
Appendices, the Entity shall notify the Contractor and the State in writing prior to the specified dates.
7.Beginning the Audit:The Contractor shall begin the audit field work based on the schedule established in
Appendices A, B and C. Under Section 2-7-503(3)(a), MCA, all audits must commence within nine months
from the close of the last fiscal year of the audit period.
8.Completion of Audit:The Contractor shall deliver the audit report to the Entity and the State, based on the
schedule established in Appendices A, B and C. If the Contractor cannot deliver the audit report to the
Entity and the State on the date specified in the Appendices, the Contractor shall notify the Entity and the
State in writing of that fact, and the reason(s) for the delay.Under Section 2-7-503(3)(a), MCA, all audits
must be completed and the reports issued within one year from the close of the last fiscal year covered by
the audit. If the audit is conducted in accordance with the provisions of Uniform Guidance, the Contractor
shall complete the audit and issue the audit report within the time period required by that federal regulation,
unless a longer period has been agreed to in advance by the federal cognizant or oversight agency for audit.
If the Entity has requested and received an extension of the due date of the Uniform Guidance from a federal
agency, the Entity shall submit a copy of the approved extension to the State.
9.Due Date Extension: The State may grant an extension to the Entity for filing the audit report beyond the
one-year due date provided for in paragraph 8, above. To do so, the Entity shall make a request to the State
in writing and shall show good cause for the delinquency or demonstrate that the failure to meet the deadline
provided for in paragraph 8, above, was the result of circumstances beyond the Entity’s control. The State
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will determine good cause or circumstances beyond the Entity’s control based on the facts of each case.
10.Presentation of Audited Financial Statements:The final audit report must contain basic financial
statements and supplementary information consistent with the applicable financial reporting framework
prescribed at Section 2-7-504, MCA. In addition, other supplementary information required by provisions
within this contract and by Uniform Guidance must also be included, if applicable.
A.The final audit report must also contain any supplementary or other information as agreed upon by the
Entity and Contractor.
B.If the Entity’s accounting records or other circumstances do not permit financial statements to comply
with the applicable financial reporting framework prescribed at Section 2-7-504, MCA, the Contractor
shall notify the State of those conditions and describe the financial statements that will be presented.
The applicable auditor’s reports must be modified in accordance with professional standards to reflect
a departure from the applicable financial reporting framework.
C.If the audit is of a school district with separate elementary and high school district general funds, the
general funds must be combined as a single major fund. All other funds must be separately considered
for major fund criteria.
D.If the audit is a biennial audit covering two years, the Contractor shall present complete financial
statements as specified above for each year covered by the audit. However, note disclosures for both
fiscal years may be in one set of notes, with separate fiscal year disclosures as necessary. The two
years must be presented under one audit report cover and opined upon in one Independent Auditor’s
Report.
11.Auditor’s Reports:All audit reports must contain the following auditor's reports, which must comply with
applicable professional standards in effect for the fiscal year or years being audited:
A.a report on the financial statements of the Entity;
B.a report on internal control over financial reporting and on compliance and other matters based on an
audit of financial statements performed in accordance with Government Auditing Standards.
C.a reference to a report disclosing any deficiencies in internal control or instances of noncompliance
with provisions of contracts or grant agreements or abuse that have a less than material effect on the
financial statements but warrant the attention of management or those charged with governance.This
report must be referred to in the report required in 11.B.above.
D.a report on any supplementary or other information presented in the audit report. This report must be
given in an “other matters” paragraph(s)of the auditor’s report on the financial statements (11.A.
above),and shall identify, if applicable:
(1) Any Required Supplementary Information (RSI), as required by the Governmental Accounting
Standards Board.
(2)Any Supplementary Information (SI) included in the report to comply with provisions of laws,
regulations, contracts, or grant agreements. For the following schedules,the Contractor shall
report on whether the information is fairly stated, in all material respects, “in relation to” the
financial statements as a whole, unless the condition of the financial records do not allow the
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auditor to render such an opinion:
a)schedule of school district “Student Count for ANB” required in paragraph 13.A.;
b)schedule of school district extracurricular fund financial activities required in paragraph
13.B.;
c)schedule of expenditures of federal awards required by Uniform Guidance and in paragraph
12.A.; and
d)Any supplementary information for financial reporting frameworks required by A.R.M.
2.4.401.
(3) Any Other Information (OI)for financial reporting frameworks required by A.R.M. 2.4.401.
(4) Any Other Information (OI) that is included in the audit report, if deemed appropriate in
accordance with professional standards.
E.a report disclosing the action taken by the Entity to correct any deficiencies or implement any
recommendations contained in the prior audit report. This report must be in a format that specifically
identifies, by title or summary, each deficiency or recommendation contained in the prior audit report
and the action taken by the Entity on each such deficiency or recommendation.
F.If the Contractor includes audit findings in the reports referenced in 11.B. and 11.C.above, the views
of Entity officials and their planned corrective actions must also be included, as required by
Government Auditing Standards, if they are available at the time the Contractor submits the audit
report to the State. If the views and planned corrective actions are not available at that time, the
Contractor shall so indicate in the reports.
12.Single Audits:All audit reports for single audits done in accordance with Uniform Guidance must contain
the following:
A. a schedule of expenditures of federal awards, prepared by the Entity, which must contain all elements
required by Uniform Guidance.
B.a report on the schedule of expenditures of federal awards. This report may be combined with other
reports as provided by Uniform Guidance and professional standards. This report must comply with
applicable professional standards in effect for the fiscal year or years being audited.
C.a report on compliance for each major program and a report on internal control over compliance in
accordance with Uniform Guidance. These reports must refer to the separate schedule of findings and
questioned costs described in paragraph 12.D.of the contract and must comply with applicable
professional standards in effect for the fiscal year or years being audited.
D.a schedule of findings and questioned costs which must include the information required by Uniform
Guidance.
E.an Entity-prepared document,separate from the Contractor’s findings,that describes the Entity’s
corrective action plan in accordance with Uniform Guidance for each current-year audit finding,if
that plan is available at the time the Contractor submits the audit report to the State. This document
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should be submitted on Entity letterhead and should include a corrective action plan for each finding,
regardless whether the finding is identified in accordance with Uniform Guidance or Government
Auditing Standards.
13.School Districts:School district audit reports must include the following as supplementary
information/schedules:
A.a schedule of the district's enrollment as reported to the Office of Public Instruction for the fiscal year
or years being audited. The schedule must contain the enrollment both as reported in the Fall and
Spring “Student Count for ANB”reports and as documented by the school district's enrollment
records; and
B.a detailed schedule of extracurricular fund financial activities.
14. Local Governments Reporting on Non-GAAP Financial Reporting Framework: Audit reports of local
governments that report on a non-GAAP financial reporting framework as provided in A.R.M. 2.4.401 must
include any Supplementary Information and Other Information required in that administrative rule.
15.Written Report to Entity:The Contractor shall render a single, written report for the Entity audited,
including the reports and schedules referenced in paragraphs 11 through 14 above.
16.Exit Conference:Before submitting the final audit report, the Contractor shall hold an exit review
conference in which the audit results are discussed with those charged with governance and other
appropriate Entity officials and employees. The Contractor shall ensure that all members of the governing
body and key members of management are notified of this exit conference. The Contractor further agrees
that before the exit conference, it will not discuss the audit findings with anyone other than the Entity or the
State. Once the Contractor delivers the final audit report to the Entity,the report is deemed to be a public
record.
17.Report Distribution:The Contractor and Entity shall file copies of the audit report as specified below:
A.The Contractor shall provide the Entity with the number of copies of the audit report specified in
Appendices A, B and C.The cost of those copies is included in the total price for the engagement as
set out in paragraph 2.A., above, and in the Appendices.
B.The Contractor shall submit one of the copies referred to in 17.A., above,to the attorney for the Entity.
C.Upon request by the Entity, the Contractor shall provide additional copies of the audit report at a price
per copy agreed upon by the Entity and Contractor.
D.The Contractor shall provide the State with a text-searchable, unlocked, and unencrypted electronic
copy of the audit report at no charge. The report must be submitted to the State at the same time when
the Contractor delivers the final audit report to the Entity.Any report delivered separately to
management or those charged with governance identifying findings and recommendations as
described in 11.C. above must be submitted electronically at the same time the audit report is
submitted. The Contractor shall advise the State, at the time of submitting the electronic report,of the
date the final report was delivered to the Entity, the date of the audit report, the actual number of hours
the Contractor spent conducting the audit, the total audit fee billed the Entity, and whether the audit
was conducted in accordance with the provisions of Uniform Guidance.
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E.If the Entity is a school district or associated cooperative, the Contractor shall provide at no additional
charge copies of the audit report to the Office of Public Instruction, the county superintendent of
schools, and the county attorney.
F.If the Entity is a city or town fire department relief association disability and pension fund, the
Contractor shall provide at no additional charge one copy of the audit report to the city or town clerk.
G.If the audit is a single audit conducted in accordance with the provisions of Uniform Guidance, the
Entity shall provide copies of the reporting package defined in Uniform Guidance and the data
collection form to the federal clearinghouse designated by OMB.
18.Entity Response:If not included in the audit report as provided in paragraphs 11.F. and 12.E.,within 30
days after receiving the audit report,the Entity shall notify the State in writing as to what action it plans to
take to correct any deficiencies or implement any recommendations identified or contained in the audit
report as required by Section 2-7-515, MCA, and ARM 2.4.409. This notification must also address any
findings and recommendations identified in any report to management or those charged with governance
described in 11.C. above. If the audit is a single audit conducted in accordance with Uniform Guidance,
this corrective action plan must also meet the requirements of Uniform Guidance. If the Entity is a school
district or special education cooperative, the Entity shall also send a copy of this notification to the Office
of Public Instruction.
19.Entity’s Attorney:If requested by the State, the attorney for the Entity shall report to the State on the
actions taken or the proceedings instituted or to be instituted relating to violations of law and
nonperformance of duty as required by Section 2-7-515(4), MCA. The attorney shall report to the State
within 30 days after receiving the request.
20.Certification of Auditor Independence:The Contractor certifies that, as required by generally accepted
government auditing standards, it and its principals and employees are independent in all matters regarding
this engagement. This contract must not include non-audit services.The Contractor shall neither arrange
for nor accept other work with the Entity that could in any way impair the Contractor's compliance with
professional independence standards. If required by the State,the Contractor shall provide documentation
that independence has been maintained in both mind and appearance as required by professional auditing
standards.
21.Contractor and Subcontractors:The Contractor shall not assign any rights, or subcontract or delegate any
duties of the contract without the Entity’s and State’s prior written consent.
The Contractor is the prime contractor and is responsible, in total, for all work of any subcontractors. Any
subcontractors performing audit work shall be on the Roster of Independent Auditors authorized to conduct
audits of Montana local governments that is maintained by the State.The Contractor is responsible to the
Entity and the State for the acts and omissions of all subcontractors or agents and of persons directly or
indirectly employed by such subcontractors or agents. There is no contractual relationship between any
subcontractor and the State.
22 State Participation in Conferences:The State may participate in all entrance and exit conferences between
the Entity and Contractor, as well as all major conferences held in conjunction with the audit of the Entity.
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23.Access to Records:The Contractor shall give the State and, when required by law, the Montana Legislative
Audit Division, access to the Contractor's work programs, supporting working papers, time records, and all
other documents relating to the audit. Access to these documents must be provided at the State's offices in
Helena, Montana. Access to working papers includes the right of the State to obtain copies of working
papers, as is reasonable and necessary. The Contractor shall make the work programs and supporting
working papers available to the State for use by the State or other public accounting firms as directed by the
State in future audits of the Entity. The Contractor shall make the audit programs and supporting working
papers available to the cognizant or oversight agency for audit or its designee, federal agencies providing
direct or indirect funding, or the U.S. General Accounting Office, if requested. Access to working papers
includes the right of federal agencies to obtain copies of working papers, as is reasonable and necessary.
The Contractor shall retain the audit report, work programs, and supporting working papers for a minimum
of five years from the date of the audit report, unless the State notifies the Contractor to extend the retention
period. If professional standards or other applicable laws, rules, or regulations require a longer retention
period, the Contractor shall retain the above materials for that specified period.
24.State Review of Report:As provided by Section 2-7-522, MCA, the State shall review the Contractor’s
audit report. If the State determines that reporting requirements have not been met, it will notify the Entity
and the Contractor of the significant issues of noncompliance. The Contractor shall correct the identified
deficiencies within 60 days of notification.
25.Independent Contractor:The Contractor is an independent contractor and neither its principals nor its
employees are employees of the State or Entity for any purposes.
26.Workers’ Compensation:The Contractor certifies that it carries Workers’ Compensation for its employees
and that it has either elected Workers’ Compensation or has an approved Independent Contractor’s
Exemption covering the Contractor while performing work under this contract. (Montana Code Annotated,
Title 39, Chapter 71).
27.Indemnity: The Contractor shall defend and indemnify the State and Entity, their elected and appointed
officials, agents, and employees from and against all claims, causes of action, damages, liabilities, court
costs and attorney fees in favor of the Contractor’s employees or third parties for bodily or personal injuries,
death, or damage to property arising from the acts or omissions or alleged acts or omissions of the Contractor
and/or its agents, employees, representatives, assigns, subcontractors under this contract. This defense and
indemnify obligation does not apply to acts or omissions arising from the sole negligence of the State or
Entity under this contract. This defense and indemnity obligation survives termination or expiration of this
contract.
If the Contractor is or may be obligated to pay any cost, settlement, judgment, fine, penalty, or similar award
or sanction as a result of a claim, investigation, or other proceeding instituted by any third party, then to the
extent that such obligation is or may be a direct or indirect result of the Entity’s intentional or knowing
misrepresentation or provision to the Contractor of inaccurate or incomplete information in connection with
this engagement, and not any failure on the Contractor’s part to comply with professional standards, the
Entity shall defend and indemnify the Contractor against such obligations.
28. Insurance –Commercial General Liability: The Contractor shall maintain for the duration of the
contract, at its cost and expense, occurrence coverage insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work by the
Contractor, and/or its agents, employees, representatives, assigns, or subcontractors. The Contractor's
insurance coverage shall be primary insurance for the Contractor’s negligence with respect to the State and
Entity and their elected officers, officials, employees, and volunteers. Any insurance or self-insurance
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maintained by the State and Entity and their officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
Insurance -Professional Liability: The Contractor shall purchase and maintain occurrence coverage to
cover such claims as may be caused by any act, omission, negligence of the Contractor or its officers, agents,
representatives, assigns or subcontractors.
If occurrence coverage is unavailable or cost-prohibitive, the state will accept ‘claims made’ coverage
provided the following conditions are met: 1) the commencement date of the contract must not fall outside
the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future
years, and 2) the claims made policy must have a three-year tail for claims that are made (filed) after the
cancellation or expiration date of the policy.
The State and Entity may require complete copies of certificates of insurance during the term of this contract.
29.Compliance with Laws:
A.The Contractor shall, in performance of work under this contract, fully comply with all applicable
federal, state, or local laws, rules, regulations, and executive orders including but not limited to, the
Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973. The Contractor is the employer for the purpose of providing healthcare
benefits and paying any applicable penalties, fees and taxes under the Patient Protection and
Affordable Care Act [P.l. 111-148, 124 Stat. 119]. Any subcontracting by the Contractor subjects
subcontractors to the same provisions.
B.In accordance with 49-3-207, MCA, and Executive Order No. 04-2016 the Contractor agrees that the
hiring of persons to perform this contract will be made on the basis of merit and qualifications and
there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions
related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin
or condition, genetic information, sexual orientation, gender identity or expression, national origin,
ancestry, age, disability, military service or veteran status, or marital status by the persons performing
this contract.
30.Work Accommodations:The Entity shall provide the Contractor with reasonable space in which to conduct
the audit and shall respond promptly to requests for information as well as for all necessary books and
records. Support for clerical, equipment, reproduction services shall be agreed upon by the Entity and the
Contractor as specified in Appendices A, B and C.
31.Termination before Audit Commences:Before the commencement of the audit, either the Contractor or
the Entity, with the State’s consent, or the State alone, may terminate this contract for cause if another party
has breached a material term or condition of this contract or violated an applicable law or regulation. The
non-breaching party shall provide the other party written notice of the breach and allow 20 days to remedy
the breach.
The Contractor and the Entity may agree to terminate this contract without cause before the commencement
of the audit. If such a termination occurs, the State shall consent to the termination upon written notification
by the Contractor and the Entity of their agreement to terminate this contract.
The State, however, will not consent to the cancellation of an audit contract for the sole purpose of allowing
the Contractor and Entity to then enter into a new contract that extends the number of fiscal years to be
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audited by the Contractor. Unless there are extenuating circumstances, the existing audit contract must be
completed first. This provision does not prohibit the cancellation of a contract for the purpose of replacing
an annual audit with a biennial audit.
32.Termination after Audit Commences:After the audit has commenced, but before the audit report has been
issued, either the Contractor or the Entity, with the State’s consent, or the State alone, may terminate this
contract for cause if another party has breached a material term or condition of this contract or violated an
applicable law or regulation. The non-breaching party shall provide the other party written notice of the
breach and allow 20 days to remedy the breach. If the Contractor is the breaching party and fails to remedy
the breach, the Contractor is not entitled to the fee set out in this contract. This is the Entity’s and the State’s
sole remedy. If the Entity is the breaching party, the Entity shall pay the Contractor a pro rata portion of
the fee set out in this contract, based on the percentage of work completed at the time of termination. This
is the Contractor’s sole remedy.
The Contractor and the Entity may agree to terminate this contract without cause after the audit has
commenced but before the audit report has been issued. If such a termination occurs, the State shall consent
to the termination upon written notification by the Contractor and the Entity of their agreement to terminate
this contract.
33.Contractor Compliance with CPE and Quality Control Review:The Contractor certifies compliance
with the continuing professional education requirements and the external quality control review
requirements as set out in Government Auditing Standards, as established by the Comptroller General of
the United States. The State may require the Contractor to provide evidence that it has met the above
requirements.
34.Single Audit Act Certification:If the audit is required to meet the requirements of the Single Audit Act of
1984,as amended,and Uniform Guidance,the Contractor certifies that neither it nor any of its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
performing audits by any Federal department or agency.
35.Time is of the Essence: Time is of the essence regarding all provisions of this contract.
36.Governing Law and Venue:This contract is governed by the laws of Montana. The parties agree that any
litigation concerning this contract in which the State is named as a party must be brought in the First Judicial
District in and for the County of Lewis and Clark, State of Montana. Each party shall pay its own costs and
attorney fees, except as otherwise allowed in this contract. The parties also agree that any litigation
concerning this contract in which the State is not named as a party must be brought in the State of Montana
Judicial District in the County in which the Entity is located.Each party shall pay its own costs and attorney
fees, except as otherwise allowed in this contract.
37. Notice:All notices under this contract must be in writing and will be deemed given if delivered personally,
by mail, certified, return receipt requested, or by e-mail. All notices will (a) if delivered personally, be
deemed given upon delivery, (b) if delivered by mail, be deemed given upon receipt, or (c) if delivered by
e-mail be deemed given upon receipt.
38.Invalid Provision:If any provision of this contract is held to be illegal or unenforceable and the parties’
rights or obligations will not be materially and adversely affected, such provision will be (a) severed from
the contract, (b) the contract will be interpreted as if such provision was never a part of the contract and (c)
the remaining provisions will stay in effect.
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AuditContract.7-2018 Page 12 of 13 7/2018
39.Authority:Each party represents that the person signing this contract has the authority to bind that party.
40.Entire Agreement and Amendment:This contract and the attached Appendices contain the entire
understanding and agreement of the parties. No modification or amendment of this contract is valid unless
it is reduced to writing, signed by the parties, and made a part of this contract.
Contractor, Entity, and State have executed this Standard Audit Contract on the date first above written:
Certified Public Accountant
Anderson ZurMuehlen & Co., P.C.
Firm Name
By: Date:07/09/2020
Authorized Representative
Governmental Entity
City of Bozeman, Montana
Entity Name
By: Date:
Authorized Representative
Montana Department of Administration,
Local Government Services
By: Date:
Approved By
19
AuditContract.7-2018 Page C1 7/2018
APPENDIX A
Initial or Sole Audit under this Contract
GOVERNMENTAL ENTITY (ENTITY):City of Bozeman, Montana
(406) 587-2303 Address:P.O. Box 1230
Telephone:(Street Address or P.O. Box)
Bozeman , MT 59771-1230
(City/Town)(Zip Code)
Brian LaMeres (blameres@BOZEMAN.NET) and Kristin Donald (kdonald@BOZEMAN.NET)
Contact Person(s) and E-Mail Address(es)
PUBLIC ACCOUNTANT/ACCOUNTING
FIRM (CONTRACTOR):Anderson ZurMuehlen & Co., P.C.
(406) 556-6160 Address: 1019 E. Main Street, Suite 201
Telephone:(Street Address or P.O. Box)
Bozeman , MT 59771-1230
(City/Town)(Zip Code)
Jessica Van Voast (jvanvoast@azworld.com) and William Mills (bmills@azworld.com)
Contact Person(s) and E-Mail Address(es)
1.Audit Period and Dates of Engagement:
A. This audit will cover the fiscal year(s) ending
June 30 ,2020 (and ).
(Month & Day)(Year)(Year)
B. Date to commence audit work: August 1, 2020
C. Date to submit final audit report
to Entity and State:December 31, 2020
2.Time and Price for Engagement:
A.Estimated total hours - 450
B.Price for audit personnel $45,000
Price for Travel -0-
Price for typing, clerical
and report preparation -0-
Total price for this
engagement $45,000
3.The reporting entity contains the following discretely presented component units:N/A
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AuditContract.7-2018 Page C2 7/2018
4.Date Annual Financial Report or a trial balance will be available:September 1, 2020
5.Number of copies of audit report Contractor will provide to Entity: 2__
6.The Entity will provide clerical, equipment, and photocopying or reproduction services to the
Contractor as follows:
7.The audit scope with regard to federal financial assistance received by the Entity for the above fiscal
year(s) will be as indicated below:
The audit will be a single audit conducted in accordance with the provisions of Uniform Guidance because the
Entity expended a total amount of federal awards equal to or in excess of $750,000 during the fiscal year(s),
or such other dollar amount ($____________)that is effective for the fiscal year(s) being audited.
OR
The audit will not be a single audit conducted in accordance with the provisions of Uniform Guidance and will
not include audit coverage of any federal financial assistance in accordance with requirements of that federal
regulation, because the Entity expended a total amount of federal awards of less than $750,000 during the fiscal
year(s), or such other dollar amount ($____________)that is effective for the fiscal year(s) being audited.
Certified Public Accountant
Anderson ZurMuehlen & Co., P.C.
Firm Name
By:Date:07/09/2020
Authorized Representative
Governmental Entity
City of Bozeman, Montana
Entity Name
By:Date:
Authorized Representative
Montana Department of Administration,
Local Government Services
By:Date:
Approved By
21
APPENDIX D
Anti-Discrimination Clause
Required by Commission Resolution 4250.
The contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability.
The contractor agrees that this requirement shall apply to the hiring and treatment of the Contractor’s employees and to all subcontracts.
ANDERSON ZURMUEHLEN AND CO., P.C.
By: Jessica Van Voast, Shareholder
22