17-138 Crowe Horwath, Audit Services - to apply agreed-upon procedures to Assist with Investment Policy of the City Cupertino~ Crowe Horwath.
August 29 , 2017
To the Honorable Mayor and City Council
City of Cupertino , California
10300 Torre Avenue
Cupertino, California 95014-3202
Ladies and Gentlemen:
Crowe Horwath LLP
Independent Member Crowe Horwath International
650 Town Center Drive . Suite 74 0
Costa Mesa, California 92626-719 2
Tel +1 714 668 1234
Fax +1 714 668 1235
www.crowehorwath .com
This letter confirms the arrangements for Crowe Horwath LLP ("Crowe" or "us " or "we" or "our") to apply
agreed-upon procedures , as discussed in Appendix A , solely to assist you with respect to the Investment
Policy of the City of Cupertino , California (the "City"). The agreement for auditing services dated
February 27, 2017 between the City and Crowe (the "Agreement"), is an integral part of this letter and its
terms are incorporated herein .
The agreed-upon procedures will be performed in accordance with attestation standards established by
the American Institute of Certified Public Accountants . The sufficiency of these procedures is solely the
responsibility of the Honorable Mayor and City Council of the City .
Because these procedures will not constitute an examination or review in accordance with standards
established by the American Institute of Certified Public Accountants , we will not express an opinion or
conclusion on the Investment Policy. We have no obligation to perform any procedures beyond those
listed in Appendix A. If we were to perform additional procedures other matters might come to our
attention that would be reported to you . It is understood that we will prepare a report reflecting our
findings of the procedures outlined in Appendix A for use by you . We make no representations as to the
adequacy of these procedures for your purpose.
If you decide that additional procedures are needed , we will discuss those with you . It is customary for us
to document such revisions , either by memo or by an addendum to this letter. If you wish to add specified
users of the report, we will require that they acknowledge in writing their responsibility for the sufficiency
of these procedures.
,
The agreed-upon procedures do not contemplate obtaining the understanding of internal control or
assessing control risk , tests of accounting records and responses to inquiries by obtaining corroborating
evidential matter, and certain other procedures ordinarily performed during an examination . Thus , this
engagement does not provide assurance that we will become aware of significant matters that would be
disclosed in an examination . Our engagement cannot be relied upon to disclose errors , fraud , or illegal
acts that may exist. However, we will inform you of any significant errors that may come to our attention .
Our engagement will not enable us to address legal or regulatory matters or abuses of management
discretion , which matters should be discussed by you with your legal counsel. You are also responsible
for the accuracy and completeness of the information provided to Crowe for purposes of this engagement
and for timely updating such information . Because of the importance of such information to our
engagement , you agree to release Crowe and its personnel from any liability and costs relating to our
services under this engagement attributable to the inaccuracy or incompleteness of information provided
to us for purposes of this engagement.
To the Honorable Mayor and City Council
City of Cupertino , California
August 29 , 2017
Page 2
Our procedures and work product are intended for the benefit and use of the Honorable Mayor and City
Council of the City. This engagement will not be planned or conducted in contemplation of reliance by
any other party or with respect to any specific transaction and is not intended to benefit or influence any
other party . Therefore , items of possible interest to a third party may not be specifically addressed or
matters may exist that could be assessed differently by a third party. The working papers for this
engagement are the property of Crowe and constitute confidential information .
Although the actual language of our report may change as a result of our procedures , we presently
expect our report on the agreed-upon procedures to read as follows:
We have performed the procedures enumerated below , which were agreed to by the
Honorable Mayor and the City Council of the City of Cupertino , California (the "City"), on
the Investment Pol icy of the City . The City's management is responsible for the Investment
Policy . The sufficiency of these procedures is solely the responsibility of those parties
specified in this report . Consequently , we make no representation regarding the sufficiency
of the procedures enumerated below either for the purpose for which this report has been
requested or for any other purpose .
Refer to Appendix A.
This agreed-upon procedures engagement was conducted in accordance with attestation
standards established by the American Institute of Certified Public Accountants . We were
not engaged to and did not conduct an examination or review , the objective of which would
be the expression of an opinion or conclusion , respectively , on the Investment Policy .
Accordingly , we do not express such an opinion or conclusion . Had we performed
additional procedures , other matters might have come to our attention that would have
been reported to you .
This report is intended solely for the information and use of the Honorable Mayor and City
Council and is not intended to be and should not be used by anyone other than these
specified parties .
If, for any reason , we are unable to complete the agreed-upon procedures , we will not issue a report as a
result of this engagement.
FEES
Fees for this engagement and related terms are included in the Agreement.
* * * *
This engagement letter and the Agreement reflect the entire agreement between us relating to the
services covered by this letter. The headings included in this letter are to assist in ease of reading only.
The letter and the Agreement are to be construed as a single document , with the provisions of each
section applicable throughout. This agreement may not be amended or varied except by a written
document signed by both parties. It replaces and supersedes any other proposals , correspondence ,
agreements and understandings , whether written or oral , relating to the services covered by this letter.
The agreements of the City and Crowe contained in this engagement letter shall survive the completion or
termination of this engagement. If any term hereof is found unenforceable or invalid , this shall not affect
the other terms hereof, all of which shall continue in effect as if the stricken term had not been included.
To the Honorable Mayor and City Council
City of Cupertino , California
August 29 , 2017
Page 3
We thank you for selecting Crowe for this engagement. If the terms of this letter are acceptable to you ,
please sign and date below and return a copy of this letter at your earliest convenience. If you have any
questions , please contact Kathy Lai at 714 .668.5376 .
Thank you for the opportunity to serve your organization .
Very truly yours ,
Crowe Horwath LLP
By :
Kathy V. Lai , Partner
I have reviewed the arrangements outlined above and in the Agreement , and I accept on behalf of the
City the terms and conditions as stated .
Authorized Representative of the City 's Management:
Signature:
Printed Name :
Title:
Date:
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APPENDIX A
The procedures to be performed are as follows:
1. We will obtain the Investment Policy (policy), dated May 1, 2017 , approved by the Honorable
Mayor and the City Council. We will also obtain the policy , dated May 17 , 2016 , approved by
Honorable Mayor and the City Council. We will compare the investments authorized by the policy
w ith the investments listed in the March 2017 Treasurer's Investment Report to determine if all
investment types are allowed by the investment policy .
2. We will compare the City 's Investment Policy with California Government Code Section 53601 to
determine whether the City 's Investment Policy complied with California Government Code
Section 53601 .
3. We will compare the March 2017 Treasurer's Investment Report w ith California Government
Code Sect ion 53646 to ensure that the March 2017 Treasurer's Investment Report complied with
California Government Code Section 53646.
4. We will inquire of the Finance Manage r whether investment performance statist ics and activity
reports are generated on a quarterly basis for presentation to the oversight (audit) committee ,
City Manager and the Honorable Mayor and the City Council , as required by the Investment
Policy .
5. We will inquire of the Finance Manager and document our understanding of the wire transfer
procedures .
6. We will randomly select three investment sales/maturities from various quarters of Treasurer's
Reports and perform the following :
Trace investment type to the support ing broker's confirmation .
Trace the maturity date to the supporting broker's confirmation .
Trace the amount of the investment sold to the supporting broker's confirmat ion .
7. We will randomly select two investments purchased (one as of October 2016 and one as of
March 2017) for fiscal 2017 from the City 's investment files and perform the following:
Trace the purchased investments to the corresponding Treasurer 's Investment Report for
the month in which the investments were acquired .
Agree the amount , terms and interest rate to the Treasurer 's Investment Report .
Verify that the investment type is authorized by the Investment Policy by comparing the
type of investment to the allowable types per the Investment Policy .
8. We w ill obtain the Wells Fargo Bank Market/Cost Value Comparison Report , the City 's third party
investment safe keeping custodian , for March 2017 and t race the following from each investment
listed in the Wells Fargo statement to the City 's March 2017 Treasurer's Inves t ment Report:
Investment description
Market value
Purchase date
Maturity date
Coupon rate
9. We will trace three randomly selected Federal Agency investments that were purchased in fiscal
2017 and traced the reported rat ings to Moody 's rating online .
10 . For the March 2017 Treasurer's Investment Report , we will re-compute or obtain third-party
corroborating evidence of the correct listing of
Average Yield
Market value
Purchase date