COMMUNITY COLLEGE LEAGUE BOARD OF DIRECTORS Hotel
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COMMUNITY COLLEGE LEAGUE BOARD OF DIRECTORS Hotel
COMMUNITY COLLEGE LEAGUE BOARD OF DIRECTORS Hotel Solamar, San Diego, CA April 14, 2011 11:30AM-1:30PM AGENDA 1. Call to Order and Approval of the Minutes (Action) 11:30-11:40 The meeting will be called to order by Chair Jeanette Mann, action will be taken on the January 23, 2011 meeting minutes, and a report will be provided by the President and Chief Executive Officer. 2. Organization 2.1 League 3rd Quarter Fiscal Report (Discussion) 11:40-12:00 rd The board will receive the 3 Quarter fiscal report and provide feedback. 2.2 O Street Remodel and Office Consolidation (Information) 12:00-12:15 The board will discuss the proposed remodel of the O Street office and consolidation of the Legislative office into the O Street office. 2.3 League Budget Outlook and Strategic Plan (Discussion/Action) 12:15-12:45 The board will review budget scenarios for the League and discuss implications for district dues and the League’s Strategic Plan. 2.4 President/Chief Executive Officer Evaluation Process (Discussion) 12:45-1:15 The board will discuss the evaluation process for the President/CEO for FY11. 2.5 Selection of Auditor for the League (Action) 1:15 – 1:20 The board will act on the Audit Committee’s recommendation to select an auditor for the League’s annual audit for Fiscal Years 2011, 2012, and 2013. 3. LEADERSHIP/COORDINATION 1:20-1:30 Representatives of the organizations served by and participating in the League will highlight major activities of, and issues being addressed by, each organization. Board members will discuss possible coordination and resolution of issues identified for attention by the League board. A. B. C. CCCT (Jeanette Mann) CEOCCC (Chui Tsang) 4CS (Russell Hamilton) Note: ¾ ¾ ¾ ¾ Information items are those presented for information only and questions from board members Discussion items are presented so as to receive comments and direction from board members while issue resolution is in its formative stages Discussion/Action items are those where discussion may lead to action taken at the meeting Action items require a vote of the board Support material in agenda ITEM 1 LEAGUE 4/11 UNAPPROVED MINUTES LEAGUE BOARD January 23, 2011 Sheraton Grand Hotel, Sacramento, CA 1. Opening First Vice Chair Chui Tsang called the meeting to order at 8:00AM. Other members present were: Isabel Barreras, Terry Burgesss, Russell Hamilton, John Hendrickson, Jeanette Mann, Georgia Mercer, Jose Ortiz, Doug Otto (via telephone), Diana Van Der Ploeg, and Jim Wilson. Others present were: Judy Centlivre, Bobbie Hales, Cary Jung, Scott Lay, and Kimi Shigetani. CCCT board member Walt Howald did not seek re-election in his district elections last November leaving the chair of this board vacant. In accordance with the board’s bylaws, and on a motion made by Isabel Barreras, on a unanimous vote by the board, Jeanette Mann was appointed to serve as chair of the board for the remainder of the year. Jeanette Mann assumed leadership of the meeting and reported that she has appointed Riverside CCD Trustee Mary Figueroa to replace and complete Walt Howald’s term on the board. Scott Lay distributed a report of activities he has been working on since the last meeting. He reported that attendance for the Effective Trustee Workshop this year is up around 30% and the Legislative Conference attendance up 50%. He said the discussion on the League’s Investment Policy would be postponed to a future meeting. also noted that the April meeting date, the 15th, is now in conflict with the White House Summit on Community Colleges to be held at San Diego City College. Scott will determine options for the board meetings to present to board members via email. On a motion by John Hendrickson, the board adopted the minutes of the November 20, 2010 meeting as written. 2. Organization 2.1 League Audit Chui Tsang, chair of the Audit Committee, reported that a conference call with the auditors was held on January 12 and said that the committee had only a couple of questions for the auditor at that time. Director of Fiscal Services Cary Jung introduced Bobbie Hales who is a partner at Gilbert and Associates. Bobbie said her firm issued the required communications to the committee and that no deficiencies were identified as the audit was conducted. A brief discussion was held regarding the gift annuity program and there was some concern expressed regarding the negative balance on the Commission on Athletics budget. On a motion made by Isabel Barreras, the board voted and agreed to receive the FY2011 audit conducted and prepared by Gilbert and Associates. Cary noted that this is the final year in the contract with Gilbert and Associates and a draft RFP will be forwarded to the Audit Committee soon. 2.2 Second Quarter Financial Report Scott Lay reviewed the second quarter budget report and said that revenue and expenditures are on target. He noted that the majority of dues revenue is received early on in the year and that rental income will fall below budget with the departure of ACCCA from the O Street office. Staff continues to make every effort to keep expenses down. 2.3 League Strategic Plan Scott Lay discussed the draft revisions to the Strategic Plan that were prepared at the League Staff Retreat last August. He said that the updates do not change any of the four goal areas previously adopted by this board; rather there are adjustments in the objectives either increasing or decreasing to more accurately coincide with today’s environment. A brief discussion was held and the board agreed the CEOCCC and CCCT boards should review the revisions and bring their input back to this board. Therefore, the Strategic Plan will be agendized for the CEOCCC and CCCT board June meetings and the League board will take action on it at its July meeting. The board agreed to accept the objectives stated in the Strategic Plan at this time to provide guidance to staff while the Strategic Plan is under review by the policy boards. 2.4 Board and President/CEO Goals Scott Lay reviewed his professional goals as President and CEO of the League as a continuation of the discussion at the November meeting and noted that in addition to the goals listed in the agendum, the League will also conduct a statewide poll on community colleges. The board agreed that the budget impact statements on the individual colleges Scott provided this year were particularly helpful and would like to see those continue. On a motion made by Chui Tsang, the board approved the goals for the President/CEO as stated. A discussion on goals for the board was also discussed at the November meeting and Jeanette Mann proposed the following goals: 1) Maintain a prudent reserve 2) Ensure that revenue exceeds expenditures 3) Establish an audit committee 4) Revise the current process for evaluating the President/CEO 5) Approve a plan for implementation of the recommendations of the Commission on the Future. On a motion made by Chui Tsang, the board unanimously approved adoption of the aforementioned goals. 2.5 Office Consolidation Update Scott Lay briefly described the operational benefits and concerns with regard to the consolidation of the League’s O Street and L Street offices as was discussed at the November meeting. He said that ACCCA vacated its space in the O Street Office in December and he expects the League’s L Street office staff will move to the O Street office in the summer. The firm contracted to design and oversee the remodel of the League office several years ago will provide configuration options next month and staff will keep the board up-to-date on the progress. League Board 1/11 Page 2 of 3 2.6 League Governing Policies and Bylaws Review A first reading of the proposed revisions to the League Bylaws was discussed at the November meeting. The second reading was acknowledged and on a motion made by John Hendrickson, the board unanimously approved the adoption of the proposed revisions. Below is a record of the adopted revisions. Section 1. Audit Committee. There shall be an audit committee, which shall select the auditor, review findings thereof, and report to the Board on such findings. The committee shall be composed of the First Vice President/Treasurer, the immediate past-president of the California Community College Trustees and the immediate past-president of the Chief Executive Officers of the California Community Colleges. In the event of a vacancy in any of these offices, the Chair shall appoint a member to fill the vacancy. Section 1. Section 2. Committees. The Board may appoint one or more committees, each consisting of two or more Directors, and delegate to such committees any of the authority of the Board except with respect to: League staff will review the Governing Policies and Bylaws over the summer to identify updates that might be needed. 3. Leadership/Coordination A. Russell Hamilton, President of CCCCS, reported there are currently 69 active senates throughout the state and noted that the Accrediting Commission of Community and Junior Colleges is looking for more participation from the Classified Senates in the accreditation process. Russell said that the next Classified Leadership Institute will be held June 23-35 at the Ventura Crowne Plaza. B. Jeanette Mann, Acting President of CCCT, said the CCCT board meeting was productive as board goals were established, which included developing a pool of qualified trustees that could participate on accreditation site teams. The board discussed the budget concerns as well as the Commission on the Future recommendations. She also announced that CCCT board 2nd Vice President Isabel Barreras was recently appointed to the Board of Governors. C. Chui Tsang, President of the CEOCCC, had no report at this time, noting that the CEO board will meet immediately after this meeting. The meeting adjourned at 9:50AM Scott Lay President and Chief Executive Officer Prepared by Judy Centlivre Executive Assistant League Board 1/11 Page 3 of 3 ITEM 2.1 LEAGUE 4/11 LEAGUE 3RD QUARTER FISCAL REPORT (Information) Background In July, the League Board of Directors adopted a budget for Fiscal Year 2011. The board received a report for the second quarter at its January meeting. At that time, the budget’s overall revenues and expenditures were largely in line with the approved budget. Due to the timing of the reconciliation of monthly records, the 3rd Quarter Fiscal Report will be distributed at the meeting. Staff believes the report will continue to show overall revenues and expenditures consistent with the adopted budget. ITEM 2.2 LEAGUE 4/11 O STREET REMODEL AND LEGISLATIVE OFFICE CONSOLIDATION (Information) Background League staff currently works out of two offices—an owned building at 2017 O Street and leased space at 1121 L Street. The O Street space was previously occupied by the California Association of Community Colleges and the L Street office was the occupied by the California Community College Trustees. Until December 2010, the O Street office was fully occupied by the League (including Commission on Athletics) and the Association of California Community College Administrators, which leased space. ACCCA recently departed the space as it expanded its staff. With the L Street lease expiring, the newly available space and continued budget difficulties for community colleges, staff examined the cost benefits of consolidating the offices. With a consolidation deemed programmatically sound for the organization and net savings of $55,000 annually, staff proceeded to examine a remodel of the O Street office for the consolidation. Remodel Staff engaged DesignTech, the interior design and space planning firm that has worked with the organization since its founding to examine functional use needs of the O Street office, prepare blueprints for a possible remodel, and secure bids for the remodel. The prepared plans: Upstairs x relocate the fiscal services staff to the ACCCA space to enable each staff member to have an office x reconfigure the fiscal services office area for the legislative staff x relocate a COA office to the side of the building with other COA staff x upgrade the break room space, improves ADA compliance, and eliminates the “break table” in the library area Downstairs x reconfigure the copy room and work area to be more efficient x provide offices for the executive assistant and shared office for Director of Policy and Northern California regional representative x add workspace and improved storage x improve the break room space Bids DesignTech sought bids from two local contractors—Carlisle Construction and Champas Construction. While the Carlisle Construction bid initially appeared much lower, it excluded many of the necessary costs included in Champas. A staff panel of three (Kimi Shigetani, Cary Jung and Scott Lay) determined that the Champas bid was thorough and most appropriate and checked references, including the Association of California School Administrators. Timeline To minimize staff disruption, construction will be scheduled for July, with project completion intended by mid-August. Cost Construction Furniture Moving of L Street Equipment $113,760 $10,000 $15,000 $5,000 Total: $143,760 The costs of the project will be paid from the categorical reserves for the Building and Furnishings/Equipment and doing so will not require the deviation from the required maintenance of a categorical reserves level exceeding 33% of the League’s operating budget. Summary Many of the improvements included in the construction costs being made at O Street are routine and due anyway (such as painting and ADA improvements). Even without considering that, the costs of construction and consolidation will be paid for completely within three years due to the net savings of the consolidation of the two offices. ITEM 2.3 LEAGUE 4/11 LEAGUE FISCAL OUTLOOK AND STRATEGIC PLAN (Discussion) Background Approximately 45% of the League’s annual revenues come from dues paid by member community college districts. These dues are based on the total state general apportionment and local property revenues from the most recently concluded fiscal year. For example, the FY 2011 dues will be based on the final 2009-10 fiscal year data. While 2009-10 had significant cuts, the cuts in 2011-12 are anticipated to be greater, and staff is preparing multiple-year fiscal and operational plans. This may require revisiting the Strategic Plan goals. Staff is currently awaiting final data from the Chancellor’s Office for 2009-10, which is expected to be available before the board meeting. With that data and with scenarios for the 2011-12 state budget, staff will provide an outlook as to the dues picture for the League. Combined with revenue assumptions on conference attendance and district service programs and expense assumptions, staff will begin a conversation with the board that will continue with the adoption of the FY 2012 budget in July. Goal 1: Advance the League as the primary advocacy organization for community college districts. Outcomes: Districts have the information and training to effectively advocate for legislative priorities. Districts have sufficient resources to achieve the community college mission. Districts have maximum local control and authority. Objectives: 1.1 By June 30, 2011, League staff will be able to import I4A contact information into a program which will target distribution of information to specific legislative districts for use in League advocacy campaigns. • Measure of Success: Send out targeted legislative call to action using the program by June 30, 2011. • Major Activities Underway: www.ccleague.net Launched – parallel database being created 1.2 By Fall 2012, 50% of colleges will respond to each League‐sponsored request for action on budget and legislative issues within the specified time period. • Measure of Success: Percentage of colleges that respond to requests. • Major Activities Underway: www.ccleague.net Launched – parallel database being created Changes: 1.1 Replaces 1.2: By December 15, 2009, the League will distribute to legislators a biennial document on the League’s vision, mission, and services. Reason(s) for change: x previous goal implemented x previous goal 1.2 accomplished (creating advocacy database) x weakness in I4A in tying constituent information to legislative districts 1.2 Modifies 1.3: By June 30, 2010, 50% of the districts will respond to League requests for action on legislative and budget issues within 7 days. Reason(s) for change: x Challenge of measuring response rates. x Representatives to coordinate visits. 1.3a By Fall 2011, 50% community colleges will attend League‐sponsored district meetings with their legislators. • Measure of Success: Number of legislative meetings Regional Representatives set and/or assist with. • Major Activities Underway: Regional Representatives scheduling meetings associated with budget. 1.3b By Fall 2011, 50% of community colleges will host an advocacy issue event on campus to inform larger community about student success. • Measure of Success: Number of on‐campus events organized by colleges. 1.4 By June 2012, an average of 30% of CEOs and trustees, per year, will have attended a League Legislative Conference throughout the span of the five‐year strategic plan (2007‐2012). • Measure of Success: Review of conference attendance data, beginning in 2007, compiled by League staff. • Major Activities Underway: Annual Legislative Conference 2011 changed to include Student Success Symposium 1.5 As bills are introduced, staff will prioritize one or more bills/issues of importance for the colleges for extensive focus each year, resulting in at least 5 bills/issues by June 2015. • Measure of Success: Creation of 5 issue/bill focuses by June 2015, that may include the following materials/efforts: number of responses to Legislative Alerts, the 1.3 Replaces 1.4: By September 30, 2010, 50% of CEOs will host a legislator on their campus each semester. Reason(s) for change: Districts are expanding the use of regional consortia and using the League’s Regional Representatives to coordinate visits. 1.4 Modifies 1.5: By June 30, 2010, 50% of the CEOs and 50% of local community college trustees will attend the League Legislative Conference. Reason(s) for change: x State budget cuts have significantly affected conference attendance. x The League plans to continue to increase electronic information distribution. x Goal is familiarizing leaders with legislative process, rather than promoting conference attendance. 1.5 New objective: Reason(s) for change: x Educate college leaders on legislative process; “tell the story” to prepare for significant issues. development of policy background papers and materials to be provided to the colleges so that they can most effectively advocate on the issue(s), and the number of meetings the Regional Representatives have with northern and southern CA community colleges on each chosen issue. GOAL 2: Promote effective leadership at all levels for community colleges. Outcomes Trustees and CEO’s have the knowledge and skills necessary to effectively govern their districts. Colleges have effective leaders at all levels within the colleges. Objectives 2.1 By July 2011, the League will have a plan to evaluate the effectiveness of current trustee education materials and regularly update the materials. • Measure of Success: Completion of evaluation plan and updating of materials. • Major Activities Underway: Advisory Committee on Education Services considering process, metrics for evaluation. 2.2 By July 1, 2012, 50% of experienced trustees will participate in at least one annual continuing education program in accordance with Accreditation Standard IV, Section B, 1.f. • Measure of Success: Percent participation in programs. 2.1 Modifies 2.1: Over a four‐year period, 100% of trustee education materials will be reviewed and updated. Reason(s) for change: x Combines the “review, update and evaluated” separate objectives. x Staff changes; deferral to the Advisory Committee on Education Services. 2.2 Modified Reason(s) for change: x Specified program to be consistent with accreditation. • Major Activities Underway: Advisory Committee on Education Services considering online curriculum; new Drexel University partnership for online delivery 2.3 Within 18 months of election, 75% of new trustees will complete a trustee training as part of the continuing education program. • Measure of Success: Percent completing within first 18 months. • Major Activities Underway: Advisory Committee on Education Services considering online curriculum; new Drexel University partnership for online delivery 2.4 By July 2012, the League will have an online training program for trustee education. • Measure of Success: Development of the online training program. • Major Activities Underway: Advisory Committee on Education Services considering online curriculum; new Drexel University partnership for online delivery 2.5 By July 2012, the League will have an online repository of district leadership development models. • Measure of Success: Completion of online repository of leadership development models. 2.3 No change (renumbering 2.4) 2.4 Modifies 2.5: By January 2010, the current trustee education programs and services will be expanded to include access to online training. Reason(s) for change: x Staff changes; budget constraints. 2.5 Modifies 2.6: The League will develop a model CEO succession plan for districts. Reason(s) for change: x Legal, political concerns with promoting a “model succession” policy that pre‐supposes best candidates come from incumbent district. 2.6 By December 2011, the League will have a CEO Education Program to include: ¾ Annual coordination of CEO leadership development opportunities with other organizations such as the Association of California Community College Administrators and the Northern/Southern CEO Conferences. ¾ A “New CEO” program offered twice a year to include mentorship by an experienced CEO for 6 months. ¾ An online orientation for CEOs new to California. ¾ Information on the process of applying, interviewing and becoming a new CEO. • Measure of Success: By July 2013, 75% of all CEOs will participate in at least one annual education program. • Major Activities Underway: Advisory Committee on Education Services considering online curriculum; new Drexel University partnership for online delivery 2.7 The League will establish at least one strategy to identify and address current and future trends that impact community colleges, and educate community colleges about the impact of these trends. • Measure of Success: An established strategy. 2.6 Modifies 2.7, 2.8, 2.9: CEO Education Reason(s) for change: x Recognizes new coordination of NorCal and SoCal CEO conferences and success of New CEO Orientation. Recognizes need to add online education for new CEOs who may arrive out of sync with in‐person orientation. 2.7 Replaces 2.11 Makes goal of “Commission on the Future” type activities an annual goal. • Major Activities Underway: Commission on the Future implementation; Regional Representatives advocacy program 2.8 The League will take specific steps to ensure that themes and speakers embracing and representing the diversity of California are included at all League conferences, meetings and trainings. • Measure of Success: Incorporation of diverse themes and speakers. Goal 3 – Deliver outstanding services and programs that engage districts and support their operations. Outcomes Districts will achieve fiscal savings and administrative efficiencies. Districts will make better informed decisions. Objectives 3.1 By June 30, 2015, work with Advisory Committee and Foundation to assist in determining how the League can develop programs to benefit the districts. • Measure of Success: Annual meeting of Advisory Committee and inclusion of appropriate League and Foundation staff. 2.8 Renumbers 2.12 3.1 Modifies 3.1: By June 1, 2008, form an Advisory Committee on District Services to enable more district leaders to inform the League how it may be of greater service. Reason(s) for change: x Committee established. x Proposes coordination for the Foundation to recognize overlap in serving districts. 3.2 Review and evaluate current district services programs for relevance and fiscal impact on districts biennially. • Measure of Success: Commence the review and analysis. 3.3 By June 30, 2015, increase by 20% the number of entities participating in the League Corporate Partner program (2009 baseline). • Measure of Success: Increase in number of partners participating. 3.4 By June 30, 2015, increase by 10% 2010 baseline fiscal savings from League sponsored programs. Measure of Success: Achieve percent increase in savings. 3.5 Produce quality events to support community colleges. • Measure of success: • Ongoing evaluation of registration procedures to ensure accuracy of registration numbers • Proceed forward with moving to online system to reduce costs and increase accuracy of payments and accounting • Implement online process requiring presenters and affiliate organizations to order and prepay A/V and any food and beverage orders 3.2 Modifies 3.2: By December 31, 2008, commence a biennial comprehensive review and fiscal analysis of all current district services and programs. Reason(s) for change: x Continue objective. 3.3 Modifies 3.3: By June 30, 2009, double the number of entities participating the League Corporate Partners program. Reason(s) for change: x Previous objective successfully attained. New goal recognizes that biennial doubling is not possible, but seeks annual growth. 3.4 Modifies 3.4: By June 30, 2012, increase by 20% systemwide fiscal savings from League‐sponsored programs. Reason(s) for change: x Previous objective attained; continued growth sought. 3.5 New Objective: Reason(s) for change: x Staffing changes. x Recognize the ability of the League to uniquely coordinate and support events such as the Partner Conferences and the “Community College Centennial.” • Maintain high quality of event planning and management 3.6 Be a driven/proactive organization with effective communications systems and increase outreach to all members of the California community college population • Measure of Success: • Enhancement of organization website. o Development of online membership directory o Ease‐of‐use developments • Make available to organization population an Annual Report o Work with organization departments to generate content o Create, print and distribute Annual Report to population • Provide effective e‐mail communications with population o Maintain integrity and accuracy of e‐mail addresses in database o Implement tracking code in e‐mails to determine readability • Annually conduct population surveys to establish baseline data and statistics, ensuring the League is meeting/exceeding expectations. 3.6 New Objective: Reason(s) for change: x Change in staff x Greater focus on communication with districts and other interested parties using technology x Enhanced transparency and data collection Goal 4 – Be a highly effective and innovative organization Outcomes The League is a dynamic organization that responds to district needs. Objectives 4.1 Maintain 100% membership by community college districts in the League. 4.2 Annually, the League will provide opportunities for coordination and collaboration between the boards of the CCCT and the CEOCCC. • Measure of Success: Level of coordination among boards. 4.3 Annually, the League will update the staffing plan to ensure a staff that, to the maximum extent possible, is diverse and sufficient to meet the requirements of the strategic plan. • Measure of Success: An updated staffing plan. 4.4 Annually, 100% of League staff will have an individual development plan and performance evaluation. • Measure of Success: Percent of staff with development plan and performance evaluation each year. No changes. 4.5 By June 2007, implement a quarterly staff meeting to monitor the strategic plan accomplishments. • Measure of Success: Quarterly staff meetings that focus on strategic plan accomplishments outside of day to day staffing issues. 4.6 By June 2012, the Internet4Associations management software suite will be 100% operational. • Measure of Success: Percent of desired software functions operational. 4.7 By June 2012, a desk manual documenting work duties and processes of League staff will be completed by each staff person. • Measure of Success: Completion of manual and annual updates. 4.8 By June 2011, provide public access to League governing board documents and financial statements. • Measure of Success: Addition to the website of all pertinent documents and continual updates as needed. 4.6 Updated to reflect new date. Reason for Change: x Changes to I4A have impacted the ability to have all modules be 100% operational prior to June 2011. 4.7 New Objective Reason for Change: x Organizational effectiveness in case of staff illness and for emergency preparedness. 4.8 New Objective Reason for Change: x Greater transparency in order to be more responsive to requests for information. Item 2.5 LEAGUE 4/11 SELECTION OF AUDITOR (Action) Background For the last six years, the League has used Gilbert Associates to conduct the annual required audit and for fiscal practice consultation. The League customarily conducts a request for proposal (RFP) process every three years to allow the board to select an auditor. Selection of FY 2011 – FY 2013 Auditor For the first time, the League board of directors has an audit committee to review both the process for selection of, and substance of the reports from, the auditor. League Director of Fiscal Policy Cary Jung worked with the audit committee--Chui Tsang, Terrence Burgess and Georgia Mercer--in the development of the RFP. The League received seven proposals for audit and tax preparation services for the next three fiscal years. After a careful evaluation of each, the proposals from James Marta and Company and Gilbert Associates (the current auditor) ranked highest. Staff then presented the two highest ranking proposals to the audit committee. The audit committee recommends that James Marta and Company be selected. While the relationship with Gilbert has been productive and the firm should be considered for future worth with the League, it is sound practice to change auditors periodically to ensure significant issues are not being overlooked. Marta has a strong background working with non-profits, including several community college districts. Their references spoke very highly of them from both a customer service and integrity standpoint. While money was not the primary factor, the cost of Marta’s services during the term of the contract would be almost $17,000 less than Gilbert. Recommendation It is recommended that the board select James Marta and Company to conduct the League’s annual audit for FY 2011, FY 2012 and FY 2013. James Marta & Company Certified Public Accountants Accounting, Auditing, Tax, and Consulting February 18, 2011 Cary Jung Director of Fiscal Services Community College League of California 2017 O Street Sacramento, California 95811 Dear Mr. Jung, Please find enclosed a copy of our formal proposal document. We believe that our knowledge and understanding of non-profit organizations and educational institutions in California allow us to be a valuable resource to you throughout the year. While most CPA firms primarily provide tax with audit services second, our firm primarily provides audit services to non-profit and governmental entities. Our staff is prepared to provide the technical service and be a resource. Based on our review of your prior year financial statements and tax returns, we feel we can provide your organization with an exceptional level of service at a reasonable fee. We hope you will contact our references. If you need information in addition to this proposal, please do not hesitate to call. Sincerely, James P. Marta CPA, ARPM 701 Howe Avenue, Suite E3, Sacramento, CA 95825 916-993-9494 fax 916-993-9489 www.jpmcpa.com jmarta@jpmcpa.com James Marta & Company Certified Public Accountants COMMUNITY COLLEGE LEAGUE OF CALIFORNIA Proposal for Audit and Tax Services For the Fiscal Year’s Ending June 30, 2011, 2012 and 2013 CONTACT: JAMES P. MARTA, CPA, PRINCIPAL 701 HOWE AVENUE, E3 SACRAMENTO, CA (916) 993-9494 (916) 993-9489 FAX James Marta & Company Certified Public Accountants Accounting, Auditing, Tax, and Consulting February 18, 2011 Cary Jung Director of Fiscal Services Community College League of California 2017 O Street Sacramento, California 95811 Dear Mr. Jung, We are pleased to respond to your request to provide a proposal for the annual audit and tax services for the Community College League of California for the year’s ending June 30, 2011, 2012 and 2013. This proposal will provide you with relevant information on how we may serve you. We have been providing audit and accounting services for nonprofit and governmental agencies as well as consulting and tax services since 1988. An extensive background with nonprofit and governmental agencies and commitment to the industries allow us to bring you an audit which goes beyond the minimum statutory requirements. Our depth of experience means that we bring creative and practical solutions to assist you in meeting the challenges that you face in your dayto-day operations and recommendations that are tailored to your unique needs. We provide hands-on service to not just identify issues, but to actively assist you in resolving them. We are a continual resource to you and your staff. We are available to answer your questions yearround at no additional cost to you. Please be assured that if we are accepted for this engagement, We will commit the resources necessary for the successful and timely completion of the work. Please do not hesitate to contact me if I can provide any additional information. Sincerely, James P. Marta, CPA, ARPM 701 Howe Avenue, Suite E3, Sacramento, CA 95825 916-993-9494 fax 916-993-9489 www.jpmcpa.com jmarta@jpmcpa.com Table of Contents EXECUTIVE SUMMARY SECTION 1 Profile of James Marta & Company ...........................................................................................1 James Marta & Company Advantage Our Services Professional Integrity Peer Review References SECTION 2 Audit Methodology and Tax Services ........................................................................................ 4 Proposed Services Audit Approach Audit Process Benefits of Our Process Assurances SECTION 3 Audit and Tax Team.................................................................................................................. 10 SECTION 4 Audit and Tax Fees .................................................................................................................... 16 APPENDIX A: Peer Review Report EXECUTIVE SUMMARY As a full service audit, tax, and management consulting firm, we pride ourselves in our ability to serve the diverse needs of non-profit organizations and educational institutions in a rapidly changing environment. We feel our firm is uniquely qualified to perform the audit of the Community College League of California for the following reasons: Ø Over 23 years experience auditing non-profit organizations, community colleges, school districts and other government entities. Ø Dedication to the industry; o Audit services o Consulting o Tax o Accounting o Participation in research and resolution of industry issues Ø Current experience with association audits, taxes and consulting. We understand the fundraising, conference, dues, special tax issues. Ø Ø Experience with non-profits, including Single Audits and new Form 990 preparation Ø Design of internal control policies and procedures for non-profit organizations to achieve fiscal independence. Ø Specialized training in preparation of non-profit tax returns. o Resource to help you address special concerns Ø Experience providing training to non-profit organizations and educational institutions on Internal Controls, Fraud Prevention and Detection, and Board Governance Responsibility and Accountability. Ø Staff that can be a resource to you o Helping your staff understand various grant accounting and tax compliance requirements o A resource to the management year-round o Communicating to your Board in a way that gives them a good perspective about how the organizations are performing as compared to others Ø Members and presenters for the California Society of Association Executives (CalSAE) and the California Association of School Business Officials (CASBO). PROFILE OF JAMES MARTA & COMPANY PROFILE OF JAMES MARTA & COMPANY Section 1 We are a resource to you, answering the questions and meeting the needs of people. We assist in developing practical solutions by understanding the roles of business, management, technology, accounting, and finance to help you meet your needs. We can make a difference. THE JAMES MARTA & COMPANY ADVANTAGE We have specialized in providing high-quality, value-added audit and consulting services to nonprofit organizations since 1988. We are large enough to serve and small enough to provide caring attention. < COMMITMENT TO NON-PROFITS AND COMMUNITY COLLEGES James Marta & Company is a CPA firm that specializes in non-profits and governmental entities. Because of our specialized knowledge and ability we serve non-profits and government agencies in California, Alaska, Washington and Oregon. We specialize in providing high-quality value-added audit and consulting services to Non-profits We are the leader in non-profit organizations for many reasons: Ü Current member and presenter for California Society of Association Executives. Ü Current committee chair for the Sacramento Section Accounting Research and Development Committee. Ü Current and past board member for various non-profit organizations. Ü Presented courses for the California Association of School Business Officials (CASBO) and have written various articles for industry publications. Ü For the past 23 years, we have worked with over one hundred non-profits, community colleges and school districts providing audit, accounting, consulting, and tax services. Our experience and understanding of non-profit organizations allows us to be a year-round resource to you. While the range of services provided by most accounting firms has expanded significantly, audits continue to be the dominant aspect of our practice. In the course of carrying out your audit, we will generate quality information to help you in the process of your ongoing business decisions. This insight will help lead to greater operating efficiencies and will facilitate clear, concise, and understandable financial reporting, which is respected by your members. QUALITY, VALUE, SERVICE 1 SOLUTIONS PROFILE OF JAMES MARTA & COMPANY Section 1 OUR SERVICES While we are a full-service firm offering assurance, tax, financial advisory and consulting services, audits continue to be the dominant aspect of our practice. In the course of carrying out an audit, we generate information and develop insights that will result in improved controls and safeguards leading ultimately to greater efficiencies and clear, concise, and understandable financial reporting that is respected by your community. The professionals on our team combine competence with judgment, maturity, and creativity – all prerequisites for a quality audit. In addition to these services, we also offer the following: Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Ü Organizational Structure Analysis Fraud Investigation Budget Analysis Specialized Compliance Reviews Temporary Controllership Cash Forecasting Compiled Financial Statements Lease/Purchase Calculations Accounting Policies and Procedures Litigation Support Services Internal Control Design and Assessment Cost Benefit Analysis Customized Seminars Performance Audits Strategic Planning Year-End Closing Assistance Tax Strategies and Compliance Arbitrage Calculations Mello-Roos Bonding Calculations Self-Insurance Program Analysis PROFESSIONAL INTEGRITY Integrity is at the very core of our practice. By consistently performing our duties with the highest sense of integrity and within the framework of applicable professional standards as well as our firm’s code of conduct, we can provide tough and relevant advice for you while maintaining our independence. This serves to uphold the public’s trust on our profession. PEER REVIEW We are committed to the highest standards in performing quality audits. We are proud to be one of the firms nationwide that volunteered for membership in the American Institute of Certified Public Accountants (AICPA) Peer Review Program in which an independent review of our accounting and auditing practice is performed by our peers every three years. The peer review program offers clients tangible, objective information about the quality controls of a CPA firm and, thus, about the quality of the documents prepared by that firm. Our peer review was recently completed which resulted in an unmodified report which indicates that our firm measures up to the accounting profession’s high standard of quality and professionalism. A copy of the peer review report is presented in Appendix A for your review QUALITY, VALUE, SERVICE 2 SOLUTIONS PROFILE OF JAMES MARTA & COMPANY Section 1 EXPERIENCE We have been performing audit and consulting services for non-profit organizations and governmental agencies for over 23 years. In addition, we are actively involved in CalSAE and CASBO and we give presentations at the annual conferences. Below are some of the clients we have audited or provided specialized services to over the years. Nonprofit / Other Governmental Organizations Special Districts Association of Oregon State Association of Retirement Systems Shelter Inc. of Contra Costa County Martin’s Achievement Place Sierra College Community District (Arbitrage) California Transit Finance Authority Sacramento Metropolitan Air Quality Management District Blue Mountain Wilderness Program Sacramento City Education Foundation California Association of Special Districts California Association of Joint Powers Authorities CHARIS Youth Center California Transit Finance Corporation Shelter Inc. of Contra Costa County State Association of County Retirement Systems California Water Reuse Financing Authority Guiding Hands Canaan Place Community College Districts Sonoma Community College District San Diego Community College District Solano Community College District Marin Community College District Fremont Newark Community College Sierra Joint Community College District Feather River Community College Yosemite Community College District School Districts San Juan Unified School District Winters Joint Unified School District Berryessa Union School District Loomis Union School District Newcastle Elementary School District Moreland School District San Leandro Unified School District Monterey Peninsula Unified School District Natomas Unified School District North Sacramento School District Eureka City Unified School District Ackerman Elementary School District Washington Unified School District Acalanes Union High School District Twin Rivers Unified School District Tahoe Truckee Unified School District Elk Grove Unified School District River Delta Unified School District Heritage Peak Charter School Lincoln Unified School District Center Unified School District Woodland Joint Unified School District San Mateo Union High School District Davis Joint Unified School District Esparto Unified School District Berkeley Unified School District QUALITY, VALUE, SERVICE 5 SOLUTIONS PROFILE OF JAMES MARTA & COMPANY Section 1 REFERENCES We work hard to earn the trust of our clients and strive to develop a long-term partnership. Please call our references to find out what difference we can make for our clients. If you speak to our references we are confident you will understand how we are different and can be a valuable part of your team and that we truly enjoy working in this industry and being a resource to you. ORGANIZATION CONTACT TYPE OF WORK Shelter, Inc. of Contra Costa County 1815 Arnold Drive Martinez, CA 94553 Tim O’ Keefe Executive Director Phone (925) 957-7595 Fax (925) 335-9815 Single Audit Tax 2007 to present Martin’s Achievement Place P.O. Box 560 Citrus Heights, CA 95611 James Martin Executive Director Phone (916)- 338-1001 Fax (916) 338-1044 Single Audit Tax 1990 to present Charis Youth Center 714 West Main St Grass Valley, CA 95945 James Powell Controller (530) 477-9800 Audit 2000 to present State Association of County Retirement Systems 1415 L Street, Suite 200 Sacramento, CA 95814 Sulema Peterson SACRS Administrator (916) 441-1850 Audit Tax 2006 to present We develop strong and lasting relationships with our clients because our success depends on your success. QUALITY, VALUE, SERVICE 3 SOLUTIONS AUDIT METHODOLOGY AND TAX SERVICES AUDIT METHODOLOGY AND TAX SERVICES Section 2 Our firm’s commitment to excellence has always motivated us to continuously assess the integrity of our audit process and ensure that they are responsive to the changing environment and comply with evolving standards. PROPOSED SERVICES We are proposing to perform a financial statement audit in accordance with auditing standards generally accepted in the United States of America. The purpose of a financial statement audit is to express an opinion as to the fairness of the information contained in the financial statements. In addition, we will prepare the Federal Return of Organizations Exempt from Income Tax, Form 990; the California Exempt Organization Annual Information Return, Form 199; California Registration/Renewal Fee Report to the Attorney General, Form RRF-1; management letter and report on internal control over financial reporting and on compliance with recommendations. AUDIT APPROACH Our audit approach has a strong emphasis on early planning and is designed to gain a thorough understanding of you organization and the environment in which it operates, including internal control. We work with management to identify these risks and perform a high quality detailed review of financial operations. With the knowledge of how your organization functions combined with our expertise in the industry, we can tailor our approach by focusing our audit testing to the areas of highest risk. This advance planning typically results in an effective, cost efficient, and timely audit which will ultimately benefit our clients. Our approach involves: < Risk assessment. We identify and assess the risk of material misstatements at different levels through interviews with management, analytical procedures, observations, and inspection. Based on our assessment, we will plan and perform procedures that are responsive to risks identified. This will cover the following areas: Ü Ü Ü Ü Ü Financial reporting framework Business and industry Accounting policies and practices Financial performance Internal controls < Process of Review. Our process includes a corresponding review of all work performed, management letters, and reports to assure that all appropriate professional and technical standards are maintained. With this process, we also assess new standards and their potential impact on the audit process and its resulting report. < Use of various audit tools. We use audit software programs designed to work on a paperless environment and simplify the routine aspects of audit work. In addition, we use computer assisted auditing techniques which gives us the ability to analyze large amounts of data and efficiently select risky items. 4 QUALITY, VALUE, SERVICE SOLUTIONS AUDIT METHODOLOGY AND TAX SERVICES < Section 2 Open communication. Throughout the audit, we provide explanations regarding the procedures that we do so you’re not left in the dark. More importantly, we make every attempt to keep the audit liaison informed and appraised of our findings and the status of our work from the preliminary audit work through the delivery of the report and other required audit communications. When you receive your draft report, there shouldn’t be any surprises. An interim and year-end status report is provided with our audit. It highlights the following: Ü Ü Ü Summary of the audit report Financial position and results of operations Current issues and significant Trends 5 QUALITY, VALUE, SERVICE SOLUTIONS AUDIT METHODOLOGY AND TAX SERVICES Section 2 AUDIT PROCESS Once appointed the auditor of your organization, we will promptly agree on the dates of the interim and year-end fieldwork and the corresponding deliverables and answer questions concerning your industry, your organization’s business activities, operations and accounting, or the preparation of the financial statements. The following are the key phases of our audit process: PHASE I - AUDIT PLANNING SPECIFIC PROCEDURES Compliance Review: Annually, a review is made of federal and state compliance requirements regarding our audits. For nonprofits this involves reviewing the related audit guides and reviewing related laws and compliance. The audit team is trained on new requirements before site work begins. Introduction of Staff > Meet with representatives to discuss: - Approach to the audit - Client assistance checklist - Timelines Review of Prior Year’s Audit Work > Review of prior year’s work papers (this step is coordinated with the prior year’s auditors) Risk Assessment Procedures > Obtain an understanding of the external and internal factors affecting the organization > Review and evaluate the design of internal controls including district policy and procedure manuals. > Review of the significant transaction cycles > Assess the risk of material misstatements Audit Planning > Develop the individual plan for the audit (based on the internal control review, risks identified, and our understanding of the client and the industry) Staff Month Complete All June Principal Manager June Principal Manager June Principal Manager August Principal Manager August > Establish materiality > Perform preliminary analytical procedures > Plan audit procedures in response to assessed risks 6 QUALITY, VALUE, SERVICE SOLUTIONS AUDIT METHODOLOGY AND TAX SERVICES Section 2 PHASE II – INTERIM FIELD WORK SPECIFIC PROCEDURES Internal Controls Testing > Test of controls. > Tests performed on transactions from significant transaction cycles and systems. Interim Exit Conference > Meeting with management to discuss results of interim work Interim Management Letter > Preliminary management comments are drafted into a letter and issued to the management and audit committee 7 Senior Staff August Principal Manager August Principal August QUALITY, VALUE, SERVICE SOLUTIONS AUDIT METHODOLOGY AND TAX SERVICES PHASE III- YEAR-END FIELDWORK AND AUDIT COMPLETION SPECIFIC PROCEDURE > Obtain financial statements and enter them into financial statement program > Compliance - Complete any general compliance requirements Section 2 Senior Staff August Substantive Testing and Analytical Procedures > Perform analytical procedures as necessary > Verify account balances for the relevant financial statement assertions > Perform substantive testing > Evaluation of evidence obtained Principal Manager Senior Staff August Operations > Evaluate opportunities for improvements Principal August Draft Audit Report > Prepare audit report based on audit work and evidence obtained > Prepare all related disclosures Manager Senior September Exit Conference > Meet with management/audit committee to discuss results of audit > Review draft audit report Principal Manager September Final Audit Report > Issue report Principal September Tax Returns >Prepare and issue tax returns Principal September Governing Board Meeting > Presentation of report to the board Principal October 8 QUALITY, VALUE, SERVICE SOLUTIONS AUDIT METHODOLOGY AND TAX SERVICES Section 2 Making the audit as easy as possible. We will make every effort to use schedules and analyses already prepared for internal purposes to eliminate unnecessary duplication of effort between our staff and yours. Because we are experienced in working with organizations like yours, we have prepared customized forms and procedural checklists to streamline our process. You will receive, in advance, a listing of the items we will need from you such as: Ü Ü Ü Ü Ü Completion of transaction testing schedules (supplied by the auditor). Completion of questionnaires (provided to you in electronic form) Completion of various account schedules Preparing bank statement reconciliations and confirmation letters Providing other information to be used in the notes to the financial statements The completion of these schedules by management before the start of the actual fieldwork will produce a smoother engagement, with fewer interruptions to you. This will benefit you by keeping your audit costs down and ensuring the performance of a timely audit. BENEFITS OF OUR PROCESS Ultimately, an audit should not be just checking if the numbers agree to some backup documentation. One of our goals is to help our clients better understand and control their business. We bring our considerable experience into your process to broaden the support of your business and operations. < We have the expertise in dealing with the different sources of funding and we understand where the risk resides in non-profit organizations. We have the necessary knowledge and experience regarding various contractual agreements, bond financing, federal and state funding and related compliance issues. The risk for the program revenues is that these amounts are not properly accumulated or that the recorded amount does not meet State and Federal guidelines. Our approach is to carefully test the systems and controls designed to report this information. This proven approach means a better accountability and assurance for you. < We provide an analysis of your operations. We review for you significant relationships between funding, expenditures, and service levels. This is an important step because it helps provide assurance that you are receiving the funding you have earned and helps you focus on your programs from a management perspective. It also identifies programs that are encroaching on general fund resources. Other important benefits include: Ü Ü Ü Opportunities to identify training needs for personnel Recognition of growing program costs and potential effect on future budgets Identification of opportunities to improve procedures and training 9 QUALITY, VALUE, SERVICE SOLUTIONS AUDIT METHODOLOGY AND TAX SERVICES < Section 2 We understand the pressures facing non-profit organizations. We give management practical advice on what role a board should be playing in oversight of a non-profit organization. The leaders on the board provide that direct community connection. We have helped our nonprofit organizations identify and develop additional revenue sources, develop accounting systems that ensure accountably and full utilization of the grant resources. We provide that entrepreneurial insight to help you promote your program to the community and business. ASSURANCES We affirm that we meet the independence requirement of the Auditing Standards Generally Accepted in the United States of America. In addition, we affirm that we do not have any record of substandard audit work and we meet all specific requirements imposed by state or local law or rules or regulations. We are not aware of any relationship with Community College League of California that results in a conflict of interest. Our goal is to help our clients better understand and control their organization. . 10 QUALITY, VALUE, SERVICE SOLUTIONS AUDIT AND TAX TEAM AUDIT AND TAX TEAM Section 3 The quality of our work depends on our ability to assemble an effective team with the right combination of technical skills and industry experience. We invest in our professional staff by providing them with the best training and tools to achieve excellence in every engagement and assure compliance with professional standards. Our approach involves a high-level of participation from the firm’s principals. From the outset, the principals are involved in the engagement planning and audit fieldwork all through the completion of the audit and tax returns. Our experienced team will always be available to address issues and concerns you may have relating to your audit or taxes. This increased level of involvement results in a superior level of quality. Each of our staff undergoes a rigorous professional development program designed to ensure that each member of the team can carry out his or her responsibilities according the exacting standards set by our profession. James P. Marta CPA, ARPM David Becker, CPA Ronald Empedrad, CPA Alana Theiss, CPA Eldora Tse Principal Director of Assurance Services Manager Senior Staff Our experienced team will always be available to address issues and concerns you may have relating to your audit or taxes. QUALITY, VALUE, SERVICE 10 SOLUTIONS AUDIT AND TAX TEAM Section 3 James P. Marta, CPA, ARPM POSITION Principal YEARS OF EXPERIENCE Twenty-two EDUCATION Portland State University, B.S. Accounting and B.S. Finance-Law Insurance Institute of America, Associate in Risk Pool Management EXPERIENCE Partner with mid-sized CPA firm specializing in government and nonprofit audits and tax compliance. Primary focus has been on community colleges, school districts and non-profit association audits, tax, consulting and accounting. Organizational wide audits and specialized compliance reviews for nonprofits, community colleges, school districts and government agencies. Member of Governor’s team to improve the efficiency of government for the California Department of Motor Vehicles and the State Assembly. Consultant to governments, nonprofits and small business in the areas of accounting system design and needs analysis, implementation of accounting and internal control recommendations, budget forecasts and projections, client training seminars, federal and state compliance, and development of interim reporting formats. Corporate and Nonprofit taxation and taxation issues Teaching: Single Audit Act – Association of Government Internal Auditors Bond Financing – California Association of School Business Officials Accountability and Internal Controls – California Association of Joint Powers Authorities Management and Finance – Insurance Education Association PROFESSIONAL AFFILIATIONS • • • • • American Institute of Certified Public Accountants (AICPA) California Society of Certified Public Accountants (CSCPA) California Association of Joint Power Authorities (CAJPA) California Association of School Business Officials (CASBO) California Special Districts Association (CSDA) QUALITY, VALUE, SERVICE 11 SOLUTIONS AUDIT AND TAX TEAM Section 3 David T. Becker, CPA POSITION Director of Assurance Services YEARS OF EXPERIENCE Twenty-three EDUCATION EXPERIENCE California State University Sacramento, B.S. Accounting Partner with regional CPA firm specializing in Non-Profits and Government audits. Chair of California Association of School Business Officials Accounting R&D Committee – Sacramento Section and Member of California Society of Association Executives. Consultant to community colleges, school districts, non-profit organizations and governmental agencies in the areas of accounting system design and needs analysis, implementation of accounting and internal control recommendations, training workshops, federal and state compliance, and fraud investigation. Teaching: State Compliance Guidelines - California Association of School Business Officials Other Post Employment Benefits (GASB 45) – California Association of School Business Officials Non-Profit Board Governance Workshops Non-Profit Audit and Tax Compliance Workshops Management and Finance – Insurance Education Association PROFESSIONAL AFFILIATIONS • • • • • American Institute of Certified Public Accountants (AICPA) California Society of Certified Public Accountants (CSCPA) California Society of Association Executives (CalSAE) California Association of School Business Officials (CASBO) California Association of Joint Power Authorities (CAJPA) QUALITY, VALUE, SERVICE 12 SOLUTIONS AUDIT AND TAX TEAM Section 3 Ronald A. Empedrad, CPA POSITION Manager YEARS OF EXPERIENCE Six EDUCATION University of the Philippines Bachelor of Science in Business Administration and Accountancy EXPERIENCE • • • • • • RELATED CONTINUING EDUCATION • • • Managing audit jobs for school districts and non-profit organizations from the planning stage to the drafting of annual reports by utilizing various types of computer software to perform audit procedures. Analysis, testing, and evaluation of internal controls Preparing nonprofit, corporate and individual income tax returns Performing nonprofit organizational audits as well as federal and state compliance testing Supervising accounting for government and nonprofit organizations Developing staff audit training programs as well as forms and audit approaches in response to new standards Governmental Accounting and Auditing standards updates Accounting and Audit Update and Standards Accounting and Audit Aspects of Nonprofit Organizations QUALITY, VALUE, SERVICE 13 SOLUTIONS AUDIT AND TAX TEAM Section 3 Alana N. Theiss, CPA POSITION Senior Accountant YEARS OF EXPERIENCE Five EDUCATION University of Phoenix Bachelor of Science in Business Administration, Concentration in Accounting EXPERIENCE RELATED CONTINUING EDUCATION • • • • • • • • • Audits of school districts and non-profit entities Accounting for governmental and public entities Audits of governmental entities Substantive account testing and Analysis Program year accounting and allocations Audit reporting and disclosures Nonprofit tax preparation Individual tax preparation Corporate tax preparation • • • Accounting and auditing standards updates Governmental and nonprofit audit training Accounting and audit aspects of insurance cooperatives and insurance pools QUALITY, VALUE, SERVICE 14 SOLUTIONS AUDIT AND TAX TEAM Section 3 Eldora Y. Tse POSITION Staff Accountant (pursuing CPA certificate) YEARS OF EXPERIENCE One EDUCATION California Polytechnic State University, San Luis Obispo Bachelor of Science in Business Administration, Concentration in Accounting and Finance EXPERIENCE • • • • • • Accounting for nonprofit and governmental entities Audits of school districts and nonprofit entities Internal control and compliance testing for governmental and nonprofit entities Substantive account testing and Analysis Program year accounting and allocations Audit reporting and disclosures QUALITY, VALUE, SERVICE 15 SOLUTIONS AUDIT AND TAX FEES AUDIT AND TAX FEES Section 4 We have a record of providing high-quality and value-added services for a fair fee. As a small firm, our low overhead makes it possible for us to provide a low-cost alternative at a time when cutting expenses is a top priority for nonprofit organizations. Clasification Principal / Director Manager Senior Staff Total Hours 20 24 56 50 Sub-total Less: Engagement Discount First Year Proposed Fees Discounted Hourly Rate 220 140 110 90 Total Amount $ 4,400 3,360 6,160 4,500 150 $ Fee Breakdown Audit Services Tax Preparation Total $ Proposed Fees For the Year Ending June 30, 2011 For the Year Ending June 30, 2012 For the Year Ending June 30, 2013 18,420 (1,120) 17,300 $ 16,350 950 17,300 $ $ $ 17,300 17,800 18,400 The fees quoted are based upon several assumptions about the adequacy of the accounting records, the degree of assistance to be provided by your personnel, and current auditing and accounting standards. Our fees do not include any accounting services such as closing year-end accounts or account reconciliation. If, at any time during our engagement, extraordinary matters come to our attention that requires an extension of our services, we will consult with you concerning additional work to be done by you or an adjustment to our fees. In the event that the GASB, FASB, or AICPA issues additional standards or audit procedures that require additional work during the audit period, we will discuss these requirements with you before proceeding further. Before starting the additional work, we will prepare an estimate of the time necessary, as well as the fee for performing the additional work. Our fee for addressing the additional requirements will be our standard hourly rates for each person involved in the additional work. Our standard hourly rates are listed below: QUALITY, VALUE, SERVICE 16 SOLUTIONS APPENDIX A PEER REVIEW REPORT QUALITY, VALUE, SERVICE 12 SOLUTIONS QUALITY, VALUE, SERVICE 13 SOLUTIONS QUALITY, VALUE, SERVICE 14 SOLUTIONS COMMUNITY COLLEGE LEAGUE OF CALIFORNIA Proposal for Professional Services Years Ending June 30, 2011, 2012 and 2013 SUBMITTED BY: Gilbert Associates, Inc. CPAs and Advisors Contact Person: Bobbie N. Hales, CPA 2880 Gateway Oaks Drive, Suite 100 Sacramento, California 95833 http://www.gilbertcpa.com (916) 646-6464 February 21, 2011 February 21, 2011 Mr. Cary Jung Director of Fiscal Services Community College League of California 2017 O Street Sacramento, CA 95811 Dear Mr. Jung: On behalf of Gilbert Associates, Inc., I am pleased to present our proposal to continue our professional services to the Community College League of California (League). We value our relationship with the League and are proud to be associated with you. We have enjoyed serving the League the past several years. We understand that you are considering a rotation of your auditors this year. I would like to share with you what we believe are some compelling reasons to retain Gilbert Associates. Rotate or Retain? Some organizations do consider the periodic rotation of auditors to be healthy. One of the key reasons for this is to obtain a fresh perspective. However, we believe that we achieve this goal by maintaining healthy skepticism during our engagements and by constantly seeking to help our clients improve. Additionally, during the planning phase of the audit, we take great care in assessing our client’s operations and business risks to ensure that we prepare a plan relevant to each year audited. Our client retention rate provides some evidence of this. We have served over 200 nonprofit organizations and in the past 3 years, very few have chosen to rotate their audit services. California’s Nonprofit Integrity Act and the federal government’s Sarbanes-Oxley rules do not require rotation of audit firms. However, if you would like to retain our firm’s expertise while still obtaining a new perspective, we can offer to you rotation of the audit team on your engagement. Because of the size of our nonprofit practice, we have many professionals who devote their time to this sector. Besides the rotation issue, the caliber of service and the firm’s expertise should be a primary consideration. Our past audits have always been delivered on time and without surprise costs. Additionally, we have assisted your team with the implementation of your accounting system and have always been available for questions throughout the year. We believe our credentials in the nonprofit and association industry are unmatched and our service to the League has been exceptional. Following is a summary of our service capabilities: ¾ Experience with Not-for-Profit Organizations – With over 200 not-for-profit clients, Gilbert Associates, Inc. has one of the largest CPA practices in California dedicated to serving organizations like yours. In total, they represent nearly 40% of our practice, far higher than most firms that do not provide this level of specialization. To provide our clients with the best possible expertise, we have assembled a Nonprofit Industry Team whose members are highly trained not only in auditing not-for-profit organizations, but also in such areas as accounting and information systems, financial management, taxation, and strategic planning. Mr. Cary Jung Director of Fiscal Services Community College League of California February 21, 2011 ¾ Reputation and Capabilities of Our Firm – Providing quality and innovative services has been a trademark of Gilbert Associates, Inc. since 1984. With eight shareholders and approximately sixty staff to serve you, we are the eighth largest CPA firm in Sacramento. The firm has the resources to meet your needs, while retaining a personal approach to business. We value the relationships developed with clients and our staff and treat each uniquely based on their needs. As a result, our retention rate of both clients and staff is outstanding. ¾ Objective, Value-Added Service Approach – Our comprehensive services to a wide variety of nonprofits provide us with a unique view of their management. You will find us eager to share their best practices. We frequently provide clients with valuable recommendations that help them avoid problems, save money, and generate positive changes within their organizations, all as a result of our audit relationship. We maintain a substantial database of nonprofit benchmarking data. You will have access to our data providing useful comparisons of your operations, compensation levels, and other statistics that can be used to benefit your organization. ¾ National Resources – We are members of CPA Associates International (CPAAI), an association of independent certified and chartered accounting firms with over 50 firms in the U.S. and 125 member firms worldwide. Our membership in CPAAI allows us to provide clients with access to broader technical and industry expertise, access specialty skills, geographic coverage and knowledge of business trends. ¾ Personalized, Responsive Service – We take pride in our attentiveness to clients. While there are several experts in our Nonprofit Industry Team who are capable of answering your questions, you will also find that the shareholder responsible for services to you is very accessible and interested in helping in even the smallest way. As an important client of our firm, you can expect to receive our highest level of attention. ¾ Why Choose Gilbert Associates? – What separates Gilbert Associates from other firms that serve nonprofits is our commitment to organizations in this sector. Similar to the passion nonprofits have for their mission, we are passionate about our services to them. This passion is demonstrated by the portion of our firm’s practice devoted to nonprofits, the expert, leading-edge training we receive and provide to others, and our devotion to adding value by delivering meaningful benchmark information and ideas to our clients so that they may improve their operations. Nonprofits are our business, not just a supplement to it. ***** We are proud of our association with the League and are very interested in maintaining our professional relationship with you. We look forward to participating in your ongoing success and helping you to meet the challenges ahead. Since I will continue to be actively involved in providing services to you, please call me at (916) 646-6464 if you have any questions regarding our proposal. Yours very truly, GILBERT ASSOCIATES, INC. Bobbie N. Hales, CPA Shareholder Attachments TABLE OF CONTENTS Page PROFILE OF GILBERT ASSOCIATES ............................................................................................ 3 OUR EXPERIENCE SERVING NOT-FOR-PROFIT ORGANIZATIONS ................................... 4 SCOPE OF SERVICES AND PROJECT SCHEDULE ..................................................................... 8 PROFESSIONAL FEES...................................................................................................................... 10 RESUMES .............................................................................................................. ATTACHMENT A REFERENCES ......................................................................................................... ATTACHMENT B PEER REVIEW REPORT ..................................................................................... ATTACHMENT C NEWSLETTER....................................................................................................... ATTACHMENT D PROFILE OF GILBERT ASSOCIATES Gilbert Associates, Inc. was incorporated in June of 1984 and is a professional certified public accounting firm licensed for public practice in the State of California (No. AC2642). We are currently the second largest local firm in Sacramento according to the most recent ranking in the Sacramento Business Journal. We are proud to have two offices – a home office and a satellite office. Our home office is located in Sacramento, California and our satellite office is located in Folsom, California. The firm consists of eight shareholders, seven senior managers, five managers, fifteen senior associates and twelve staff associates. The firm has approximately 60 professional and administrative employees, including 26 licensed CPAs. All of our professional and administrative staff are located in our home office in Sacramento, California. All of the professional members of the staff have been extensively involved and trained in the audits of nonprofit organizations. Our firm’s services are currently comprised of 75% audit and related consulting, 15% tax, and 10% small business management and other services. Services to nonprofit organizations and associations account for approximately 40% of our audit practice. 3 OUR EXPERIENCE SERVING NOT-FOR-PROFIT ORGANIZATIONS We have made a commitment to serving the needs of the not-for-profit community. Accordingly, we serve an unusually large and diverse group of nonprofit organizations, with annual budget sizes up to $300 million. Following is a sample of some of the not-for-profit clients we have served: Animal Protection Institute American Red Cross, Sacramento Sierra Chapter Arts and Business Council Associated Students of the University of California, Davis Association of California School Administrators Bloodsource (Sacramento Medical Foundation) Building Industry Association California 4-H Foundation California Alliance of Child and Family Services California Association for Health Services at Home California Association of Health Facilities California Association of Homes and Services for the Aging California Business Roundtable California Chamber of Commerce California Children and Families Association California Council of the Blind California Dental Association Foundation California Foundation for Agriculture in the Classroom California Institute for Mental Health California Medical Association Foundation California Optometric Association California Public Interest Research Group California School Boards Association California School Employees Association California Society of Association Executives California Society of CPAs California Tomato Growers Association California Union of Safety Employees California Wilderness Coalition Child Haven Center for Health Improvement Center for Youth Citizenship Community College League of California DFA of California Disabled Sports USA Far West East Bay Zoological Society Foundation for California Community Colleges Folsom Chamber of Commerce Girl Scouts of Tierra del Oro Hemophilia Council of California Jewish Federation of the Sacramento Region Junior Achievement of Sacramento KVIE La Cooperativa Campesina de California Linking Education and Economic Development, Sacramento Lilliput Children’s Services Local Government Commission Mercy Foundation Mono Lake Foundation Nehemiah Corporation of America Pacific Legal Foundation Resources Legacy Fund San Francisco Zoological Society Sacramento Area Youth Golf Association Sacramento Metro Chamber of Commerce Sacramento Children’s Home Sacramento Country Day School Sacramento Zoological Society Safety Center, Inc. Search Group, Inc. St. Francis Home for Children Sierra Health Foundation Smith River Alliance Society for the Blind Strategies to Empower People Tahoe Donner Association Transitional Living and Community Support United Advocates for Children of California United Animal Nations United Way, California Capital Region Volunteers of America of Greater Sacramento and Northern Nevada Water Education Foundation WEAVE 4 OUR EXPERIENCE SERVING NOT-FOR-PROFIT ORGANIZATIONS Our firm’s commitment to meeting the needs of nonprofit organizations goes beyond our services to them. Our Nonprofit Industry Team engages in a variety of other professional activities that help us to develop expertise, including the following: ¾ We are active members in the Nonprofit Committee of the Sacramento chapter of the California Society of CPAs, and Bobbie Hales has served as Committee Chair. David Ljung, the shareholder-in-charge of our Nonprofit Industry Team, serves as a director for the California Association of Nonprofits and for the Nonprofit Resource Center. Both Bobbie and David have served as directors and/or volunteers with many other nonprofit organizations. ¾ Every year we attend the AICPA’s National Nonprofit Industry Conference in Washington, D.C., the premier conference in the country, to obtain leading-edge information on financial, accounting, audit and tax matters affecting organizations such as the League. We also attend the AICPA’s Nonprofit Financial Executive Forum held annually in San Francisco. We take ideas from these conferences and apply the benefits directly to our clients. ¾ We have donated hundreds of hours of instruction on accounting, taxation, and Board development matters on behalf of the Nonprofit Resource Center of Sacramento. Through their programs, we provide financial training to nonprofit CEOs and financial executives. In addition, we train prospective nonprofit Board members through the Center’s Board Link program. ¾ We distribute a free newsletter, Nonprofit Agendas, which helps our clients stay informed of important issues that affect them. A past issue is included as Attachment D. Engagement Team Not-for-profit organizations represent our firm’s largest area of specialization. This expertise positions us to render to clients the best possible advice and solutions. All of our staff have extensive experience in serving nonprofit organizations and receive specialized training in accounting and auditing of these types of entities. In an effort to meet your specific organizational needs, we have assembled a service team that has significant experience serving nonprofit organizations. Profiles of the individuals who will be primarily responsible for our services to the League are included below: Bobbie Hales, a shareholder within our Nonprofit Industry Team, will have overall responsibility for our services to the League. She will be personally involved in planning the audit and will meet with your staff during our audit fieldwork. She has over fifteen years of professional experience, including five years with the international firm PricewaterhouseCoopers. She has served over 100 not-for-profit organizations and invests virtually all of her professional time working with clients in this industry. Bobbie has worked with the League for the past several years. Bobbie has served as a Director of the Sacramento Chapter of the California Society of CPAs and has served as the Chair of its Nonprofit Committee. Bobbie has also served as a Director for a number of local nonprofit organizations. David Ljung, the shareholder-in-charge of our Nonprofit Industry Team, will serve as a technical advisor to the League. He has thirty-three years of professional experience, including eleven years with the international firm, Deloitte, and has provided service to over 150 not-for-profit organizations. As one of the region’s premier financial consultants to notfor-profit organizations, he has assisted many clients in the areas of financial management, strategic planning, internal controls, and operating policies and procedures. 5 OUR EXPERIENCE SERVING NOT-FOR-PROFIT ORGANIZATIONS Rosina Bugarin, a senior manager within our Nonprofit Industry Team, will continue to assist Bobbie and will have general on-sight responsibility for the engagement. As the engagement manager, Rosina will be responsible for project management, team coordination, and workpaper design. With eleven years of professional experience, she has served over 50 not-for-profit organizations and has focused primarily on this industry for the majority of her career. Rosina has worked with the League for the past three years. She is an outstanding supervisor and a leader of our firm’s training programs for entry-level staff. Jennifer Glass, a returning senior accountant, and two staff accountants will complete the audit team, all of whom will have had significant experience auditing other nonprofits. Darla Colson, a tax partner within our Tax Industry Team, will oversee the preparation of your tax and information returns and will address any other tax issues or questions you have. Darla is one of the most experienced CPAs in California regarding tax-exempt organizations. Resumes for this service team, including information on recent continuing professional education, are included as Attachment A. Retention Practices We strive to maintain continuity for all of our clients as it is beneficial to everyone involved. Typically, the partner and manager will never change and we expect to return at least one of the other staff members to your engagement as well. The unpredictable element for any service firm is staff retention. Although we can’t predict the future with any certainty, our firm’s track record for staff retention is exceptional. We take good care of our staff and, as a result, our turnover is much lower than our counterparts. Should there be a change in one of the key members of your audit team, we will notify you during the planning stages of the audit. Independence and Quality Control Gilbert Associates has an active quality control committee that monitors and maintains audit quality and integrity, including safeguards of independence. In addition to internal oversight, the firm is subject to a triennial external peer review. During the firm’s peer review for the year ended November 30, 2007, it received an unqualified opinion with no letter of comments. A copy of the report has been included as Attachment C. 6 SCOPE OF SERVICES AND PROJECT SCHEDULE Scope of Services It is our understanding that the scope of services to be provided to the League will include the following: ¾ Audit of the financial statements of the League for the years ending June 30, 2011, 2012 and 2013. ¾ Preparation of a management letter describing significant audit issues, including our observations and recommendations concerning operating and administrative matters and internal controls. ¾ Presentation of the audit report and management letter to the Audit Committee and the Board of Directors. ¾ Preparation of annual federal and California information returns, including Forms 990, 199, and RRF-1. Value-Added Service Our goal is to be a resource to you in ways that go beyond the audit. While we are careful not to jeopardize our independence, we view the audit as a platform for building a business advisory relationship with our clients. Some additional ways in which we help our clients include: ¾ We advise clients on their governance structure to improve their fund development capabilities and to fulfill their fiduciary responsibilities. We provide training to Board members on financial matters. ¾ We advise clients regarding their strategies for building their reserves. ¾ We advise clients on financing issues. ¾ We have recommended alternative funding sources and commented on the effectiveness of current funding programs. ¾ We help identify possible compensation and benefits packages and provide market salary data. ¾ Through an alliance with a human relations consulting firm, we help address personnel and employment issues. One of our hallmarks is our willingness to provide frank and valuable feedback as part of the audit. Whether they are recommendations for improvements in internal controls or discussions of your operations, we strive to develop management comments and advice that will help you improve as an organization. By benchmarking the League with the dozens of other nonprofits we serve, our management letter or other informal dialogue may discuss a variety of areas. Clients are frequently surprised at the depth and variety of management comments they receive as a result of our audit. GENERAL AUDIT APPROACH Our approach to the audit involves assessing the business and financial risks to management and the Board of Directors, and tailoring our procedures to address those risks. This approach helps us to perform an effective and efficient audit by focusing our efforts on what is truly significant to the organization. This approach also helps us to provide important feedback to you as part of our value-added services. 7 SCOPE OF SERVICES AND PROJECT SCHEDULE We will use a combination of analytical and detail testing procedures during our audit of the League. This helps accomplish two goals. The detail tests help us is to determine that the internal control system the League has in place is functioning as intended. Second, our analytic procedures provide an overall business perspective on the League to identify fluctuations or changes that may be caused by errors or irregularities. You can expect our entire audit team to be involved in performing audit procedures. We do this to help ensure that we keep informed on the unique aspects of your operations. In addition to the nonprofit conferences previously mentioned, all of our staff receive in-house training on nonprofit accounting and auditing. Our firm has developed a set of electronic practice aids, customized for auditing nonprofit organizations, that we use to streamline our audit procedures, including workpaper templates, audit programs, questionnaires, and other tools. Since the firm conducts such a large number of nonprofit audits, our staff are well “seasoned” in the practical application of these tools and techniques. All of our audit personnel have laptops and software for their use in performing audit work, including utilization of a paperless audit software program. SPECIFIC AUDIT APPROACH Our audit approach is risk-based which means that we use our evaluation of the internal control structure, control environment, and control procedures to determine the type of audit work and the amount of work that will be performed in each area. After reviewing our understanding of the internal controls, the audit is planned by the audit engagement shareholder and manager to ensure that the audit is efficient, focused, and results in the maximum benefit to your organization. We have found that this approach results in findings that are qualitatively different from those of other firms. Our audit approach is broken down into two phases. These phases are Phase I - Audit Planning and Phase II Tests of Controls and Substantive Procedures. These phases are as follows: Phase I – Audit Planning This phase has been designed to help us gain an understanding of your business, evaluate basic controls and control environment of your organization, and perform a detailed planning analysis for the audit engagement. In performing the planning phase of the audit we will consider and/or perform the following in order to establish the level and type of effort necessary to conduct the audit: x Update our understanding of the League through inquiry, review of financial statements and budgets, and review of laws and regulations. x Obtain an understanding of the internal controls and perform a control risk assessment through completion of internal control questionnaires, performing walkthroughs, and preparing flowcharts to document how the League processes its major transactions (receipts, disbursements, and payroll). x Evaluate material factors effecting the financial statements such as laws and regulations. x Determine the audit approach, including development of audit programs. x Perform preliminary analytical review by reviewing interim financial reports, budgets and board minutes. x Determine materiality levels. 8 SCOPE OF SERVICES AND PROJECT SCHEDULE During the planning phase of the engagement, we will provide a list of schedules and other information we expect to need for our audit. Given our experience with your organization, we do not anticipate this information to be greatly different than what you have been providing to us in the past. We will also request assistance in preparing confirmations and locating supporting documents. We anticipate beginning this phase of the audit upon our engagement. Phase II – Tests of Controls and Substantive Procedures The second phase of the audit includes testing of internal controls over the significant financial systems of the League and is designed to evaluate whether the controls the League has in place over financial transactions are operating as prescribed. These tests are determined based on our understanding of the organization obtained above in Phase I. The tests will include selecting a sample from the significant transaction cycles (receipts, disbursements, and/or payroll) and reviewing for compliance with the control procedure. The second phase also includes our substantive testing, analytical procedures, and report preparation. This phase has been designed to test the validity of the financial statement assertions (valuation or allocation, existence or occurrence, completeness, rights and obligations, presentation and disclosure) included in the financial statements. In conducting this phase of the audit the following represents some of the procedures we will perform: x Verify balance sheet account balances by obtaining evidential matter through confirmation, examination, observation, computation, or inspection of information. x Test details of additions to and reductions from accounts such as investments, property, and debt. x Test details of transactions affecting income and expense accounts. x Analytical procedures will be applied to revenue and expense accounts. This test will include a comparison of current year balances to the previous year and budgeted amounts. Explanations for significant changes will be requested from the League staff. x Perform procedures to identify significant events subsequent to year-end such as review of board minutes and examination of subsequent disbursements and receipts from the date of the balances sheet. x Discuss any audit adjustments or potential areas for improvement with the League staff. x Inquiry of legal counsel concerning litigation, claims, and assessments. x Preparation of the financial statements. Ensure proper presentation and disclosure through completion of a nonprofit disclosure checklist and through an extensive review process which includes the manager, shareholder, and technical review shareholder. In recent years, the audit of the League has been performed in September and we are available to perform our audit during that timeframe and deliver reports based upon historical timelines. Although we don’t anticipate problems, in order to minimize potential audit issues the key management members of our audit team will meet with the management of the League before the commencement of the audit, during audit fieldwork and at the conclusion of the audit fieldwork. If problems were to arise, these meetings will serve to collaboratively establish timely resolution of the issue. Fee adjustments are rare and can be assessed when the audit scope is increased after fees have been established (merger occurring after engagement fee set but prior to fieldwork) and when the organization’s financial records are not in order. Any fee adjustments will be discussed with management prior to commencement of additional work. 9 PROFESSIONAL FEES We would be very pleased to continue our service to the League and are confident you will be satisfied with our knowledgeable staff and commitment to excellent client service. Our proposed fee for the June 30, 2011 audit is $20,000, including out-of-pocket expenses. Our proposed fee for the June 30, 2012 and 2013 audits are $20,500 and $20,750, respectively. The estimated fees for preparation of your informational returns for June 30, 2011, 2012 and 2013 are $2,950, $3,000 and $3,050, respectively. We want to serve as a resource to you and encourage your questions or requests for help in any way. We would be pleased to meet with management, the Board of Directors, or the Audit Committee at any time throughout the year to discuss issues of concern. Routine phone calls to ask us questions are encouraged, and you will not be billed for these minor requests. If there are special services or projects for which you would like our assistance, we will provide an estimate of any additional fees in advance. 10 ATTACHMENT A RÉSUMÉS Bobbie N. Hales, CPA POSITION: Shareholder YEARS OF EXPERIENCE: Fifteen EDUCATION: California State University, Fresno, BS California State University, Sacramento (Accountancy) EXPERIENCE: Has served over 75 not-for-profit organizations. Responsible for oversight of all aspects of attestation engagements including planning, execution, and presentation of results to governing boards and committees. Provides clients with recommendations on a wide variety of issues including internal financial controls and general operating matters. Provides internal and external training on financial matters and audit issues and procedures SEC experience including initial public offerings, business combinations, 10SB filings, and quarterly and annual reporting. Experience with a Big Four CPA firm before joining Gilbert Associates. PROFESSIONAL AFFILIATIONS: American Institute of Certified Public Accountants, member California Society of Certified Public Accountants, member California Society of Certified Public Accountants (CalCPA); Sacramento Chapter, Past Director and Nonprofit Committee Chair Sacramento Metropolitan Chamber of Commerce, Leadership Sacramento RECENT CONTINUING EDUCATION: AICPA National Not-For-Profit Industry Conference CalCPA Not-for Profit Conference 11 David E. Ljung, CPA POSITION: Shareholder YEARS OF EXPERIENCE: Thirty-Three EDUCATION: State University of New York, B.S. Accounting EXPERIENCE: Direct not-for-profit and association industry team. Served over 250 entities in the sector, including trade and professional associations, foundations, charitable and civic organizations, research and education providers, and unions. Provide a broad variety of advisory services in the areas of financial management, strategic planning, internal controls, and operating matters. Frequent speaker to nonprofit boards and other groups regarding industry issues and best practices. PROFESSIONAL AFFILIATIONS: Nonprofit Resource Center, Board Chair CPA Associates, International, Nonprofit Committee Chair California Society of Association Executives American Institute of Certified Public Accountants California Society of Certified Public Accountants, Sacramento Chapter Nonprofit Committee American Leadership Forum Sacramento Metropolitan Chamber of Commerce, Leadership Sacramento RECENT CONTINUING EDUCATION: x AICPA National Not-For-Profit Conference x AICPA Nonprofit Financial Executive Forum x CSCPA, Not-For-Profit Conference 12 Rosina Bugarin, CPA POSITION: Senior Manager YEARS OF EXPERIENCE: Eleven EDUCATION: University of California, Santa Barbara, B.S. (Accountancy) EXPERIENCE Manager on a variety of nonprofit engagements, including trade and professional associations, charitable and civic organizations, foundations, and educational and artistic organizations. Manage and supervise staff on each engagement, with varying degrees of experience. Responsible for financial statement presentation, footnotes, management letters and other communications. Assist in the daily progress of fieldwork and participate in meetings and conferences with clients to explain audit results, reports and recommendations. Direct training to staff on audit and accounting matters related to nonprofits, including researching and implementing new standards. PROFESSIONAL AFFILIATIONS: American Institute of Certified Public Accountants (AICPA) California Society of Certified Public Accountants (CalCPA) RECENT CONTINUING EDUCATION: x AICPA National Advanced Accounting and Auditing Technical Symposium x Internal Control Essentials for Financial Managers, Accountants and Auditors x Nonprofit Accounting and Reporting from Start to Finish x Controller’s Workshop: Financial Issues x The Accountant’s Responsibility for Fraud 13 Darla A. Colson, MS Tax, CPA POSITION: Shareholder YEARS OF EXPERIENCE: Twenty-Eight EDUCATION: California State University, Sacramento, B.S. Golden Gate University, M.S. Tax EXPERIENCE: Chair of firm’s tax department. Chief Financial Officer of Gilbert Associates, Inc. Review, preparation and representation to IRS and FTB for all types of taxes including individual, partnership, corporate, and non-profit. Assistance in tax planning and entity structure tax planning. Manage tax components of association and nonprofit engagements. Shareholder in-charge on association and nonprofit audits, accounting and tax work. Consultant to associations and nonprofits in the areas of internal controls, budgeting, personnel recruitment and accounting system upgrade. Significant experience providing workshops for board members on various aspects of business operations. Budget preparation and understanding financial statements. PROFESSIONAL AFFILIATIONS: American Institute of Certified Public Accountants (AICPA) California Society of Certified Public Accountants (CalCPA) California Association of Nonprofits California Society of Association Executives Folsom Chamber of Commerce RECENT CONTINUING EDUCATION: x Certificate in Financial Planning from California Society of CPAs x Individual Tax Update x Taxation Update x Taxation of Partnership x Taxation of Entity Choice x Nonprofit Taxation Classes 14 ATTACHMENT B REFERENCES REFERENCES Given our professional relationship with the League, you will be the best judge of our ability to meet your needs. However, the following are names of several current clients whom you may contact regarding our services. They will be pleased to discuss our relationship and the quality of services they have received from our firm. CONTACT ORGANIZATION Mercy Foundation Ms. Trisha Pena Accounting Manager (916) 851-2708 Pacific Legal Foundation Ms. Kim DeVincenzi Chief Financial Officer (916) 419-7111 Foundation for California Community Colleges Ms. Keetha Mills Vice President of Finance and Chief Financial Officer (916) 498-6718 San Francisco Zoological Society Mr. Wayne Reading Chief Financial Officer (415) 753-7175 Sierra Health Foundation Mr. Gil Alvarado Chief Financial Officer (916) 922-4755 15 ATTACHMENT C PEER REVIEW REPORT PEER REVIEW REPORT 16 ATTACHMENT D NEWSLETTER nonprofit agendas FEBRUARY/MARCH 2011 Status quo How to keep your “public charity” designation Matching gift programs Double your treasure Finding more ways to cut costs News for Nonprofits (BUFXBZ0BLT%S4VJUFr4BDSBNFOUP$" 1BSLTIPSF%S4VJUFr'PMTPN$" 5FMr'BY FNBJMJOGP!HJMCFSUDQBDPNrXXXHJMCFSUDQBDPN The region’s premier provider of services to associations and not-for-profit organizations. Status quo How to keep your “public charity” designation If your organization is a public charity, retaining its 501(c)(3) tax-exempt status in future years is no sure thing. To keep that desirable classification, there are specific actions you must take — and even more activities you must avoid. Foremost, after the first five years of existence, you must demonstrate through Schedule A of Form 990 that your organization meets the support test qualifying it as a public charity. SCHEDULE A REQUIREMENTS All public charities, with the exception of supporting organizations, must initially — and annually — complete Schedule A, Part I (“Reason for Public Charity Status”) of Form 990 to identify why they aren’t private foundations. An organization should check the box that coincides with its IRS Determination Letter that defines under which statute the IRS has granted exemption. An organization that is currently tax-exempt under Internal Revenue Code (IRC) Section 170(b)(1)(A)(vi) (Box 7 on Schedule A, Part I) needs to pass the public support test on Part II of Schedule A each year. An organization that’s exempt under IRC Sec. 509(a)(2) needs to pass the public support test on Part III of Schedule A each year. “OFF-LIMITS” ACTIVITIES Simply passing the appropriate public support test doesn’t guarantee that you’ll maintain your tax-exempt status as a public charity, however. Broadly speaking, there are five types of activities that can jeopardize your exempt status: 1. Operating for the benefit of private interests. No part of a 501(c)(3) organization’s net earnings may inure to the private benefit of individuals, such as the organization’s founders, executives or board members — or their family members. These types of activities are banned because they have no public benefit. And providing a public benefit is the reason why your organization was granted tax-exempt status in the first place. 2. Substantial lobbying. Two factors determine whether lobbying activities are “substantial.” One considers the time spent by compensated employees and volunteers on lobbying activities. The other, the 2 Start me up So, how does a new organization obtain public charity status? If your nonprofit is a start-up, you must apply for an employer identification number (EIN) using application Form SS-4. You and the other founders will want to talk to an attorney early on to assist with preparing the organizing documents and writing the bylaws. These documents will need to be attached to Form 1023, “Application for Recognition of Exemption under Section 501(c)(3),” when filing with the IRS. more UBI than program expenses, the IRS likely will consider terminating its exempt status. But courts have considered an organization spending even as little as 10% of its total efforts on a UBI activity to be too much. 5. Failing to comply with reporting obligations. Although your organization might be tax-exempt, you’re still required to file Form 990, Form 990-EZ or Form 990-N. You also must withhold employment taxes, excise taxes and state and local taxes, where applicable. If your organization fails to file some type of 990 for three consecutive years, your tax-exempt status will be revoked. Form 1023 needs to be filed with the IRS within 27 months from the end of the month in which the organization was legally formed. After approving your application, the agency will send you a determination letter confirming your organization’s taxexempt status. The organization must make Form 1023 and all support documents available for public inspection if anyone requests to see them. In fact, according to GuideStar, hundreds of thousands of nonprofits will receive revocation letters in 2011, after failing to have met an Oct. 15, 2010, one-time filing extension for small organizations that previously weren’t required to file any type of 990. If your nonprofit faces this risk, start preparing for the reinstatement process now. expenditure test, is a more objective factor. Your nonprofit can elect to use this option — called a 501(h) election — by using Form 5768. (Churches are ineligible.) The 501(h) election sets a defined limit on the amount of lobbying an organization can undertake before losing its exempt status. If you’re unsure whether an activity your public charity sponsors or participates in is permissible, take an IRS EO Mini-Course or Interactive Workshop on the topic. You’ll find these tools at stayexempt.irs.gov. 3. Any political campaign activities. These include making contributions to a political campaign fund or making public statements for or against a candidate for public office. 4. Generating excessive unrelated business income (UBI). UBI is income from a trade or business activity that is regularly carried on and not related to your exempt mission. The Internal Revenue Code is silent as to what is too much. Excessive UBI has been interpreted as spending a “significant” amount of time on the unrelated activity. For example, if an organization has ONGOING ATTENTION Excessive UBI has been interpreted as spending a “significant” amount of time on the unrelated activity. You also should work with your financial advisor on an ongoing basis to ensure that you meet the Schedule A public support test. Finally, it’s a good idea to review your activities annually to make sure you aren’t involved in any of the “off-limits” activities. N 3 Matching gift programs Double your treasure Corporate matching funds, while not always as hefty as in prerecession years, continue to be a viable gifting source. Of companies responding to an annual study by the Committee Encouraging Corporate Philanthropy, for example, 54% decreased their matching program funds from 2008 to 2009. But nearly half (46%) stepped up their contributions, according to results of the study, Giving in Numbers: 2010 Edition, with median matching from those firms reaching $3.69 million. HOW DO THEY WORK? Most matching gift programs are managed by HR departments, which provide employees with matching gift forms. Typically, the employer sends the completed forms, along with the matched donations, to the charity the employee has chosen. The forms generally provide step-by-step instructions for securing the matching funds from your donor’s employer. The information usually includes deadlines, required support documents and where to submit the forms. Dollar-for-dollar matching is most common among participating corporations, but some companies may offer more, others less. Many companies match donations to any nonprofit, but some are more restrictive and won’t match donations to potentially controversial organizations. While you may be familiar with how matching funds work, your staff may not be. Be sure to train all employees and volunteers who open donor mail in procedures for handling matching gift forms. 4 HOW CAN YOU BUMP UP FUNDING? Aside from making sure that you handle the forms properly, you can take other simple steps to increase the amount of matching funds you receive. One often-successful approach is to draw up a list of employers in your area that offer matching funds. Typically, you can find this information in annual reports, on company websites or by calling companies’ HR, PR or community relations departments. If the company operates a foundation, its matching program may run through that entity. Once you have a comprehensive and accurate list, post it on your website’s donation page. And use it to reach out to existing donors you know work for those companies. Another strategy: Include a matching funds message in all of your solicitations. Letters might get a P.S. reminding potential donors to check with their HR departments on matching funds availability. WHAT ABOUT SHRINKING PROGRAMS? In response to the struggling economy, some companies have trimmed or eliminated their matching gift programs. But don’t despair — will be matched, they might even bump up the amount of their donation — particularly if you have a minimum amount eligible for the match. corporate programs represent only one opportunity to raise more cash for your organization through matching. Another is to create your own matching funds pool. Consider approaching your board and major supporters about matching donations during a certain time period, from certain populations or for a minimum donation amount. Countless parameters are possible. You may want your board, for example, to agree to match all donations from new contributors in a particular month or ask other major supporters to commit to match donations made at your next fundraising event. The advantage to creating your own matching funds pool is twofold: 1. You make donating more attractive because donors get to enjoy helping to make a larger contribution than they’d have been able to manage on their own. Knowing it 2. You receive the match — a donation that the board or other major supporter may not have otherwise made. Also keep in mind that some charitable foundations will match gifts to jump-start a fundraising effort or major campaign. This might be easier to arrange than securing a large employer to donate to your organization. BE PERSISTENT Whether you compete for corporate matching funds or sponsor your own matching program, using strategies like those mentioned above is likely to improve your odds as you vie with other charities. And in an economy that’s running at less than full steam, such revenue sources are worth pursuing. N Finding more ways to cut costs You’ve heard the varying views on how long it will take for the economy to recover. Whatever your take is, your nonprofit likely is still looking for ways to reduce expenses. Where should you begin? CUT THE FAT Take a close look at your organization’s current expenditures for all its goods and services. Are all your “necessities” truly necessities? There are always expenses that can be eliminated. For example, consider your phone and Internet service. Do you have features, such as conference calling, that aren’t being used? If so, cancel these features immediately. You may even find that you have too many phone lines for the size of your organization. And what about those magazine subscriptions you provide as reading material in your lobby? Consider cutting down your subscription list to one or two periodicals or eliminating them altogether. 5 a small price reduction. You likely can find better prices for almost everything, from your Internet service to your printing jobs to your cleaning service. You can reduce your vendor services as well. Perhaps you use a cleaning service five days a week. Consider cutting down to three or four days and asking the service to provide a new fee quote. Buying in bulk is another opportunity for savings, and it doesn’t apply just to supplies. If you don’t have long-term contracts with your building lessor, for example, you may be able to negotiate a lower rent by agreeing to extend your lease another five years. Also, when you place your next office supply order, consider whether you really need to stock up on several sizes of sticky notes. Take a poll — do your employees even use them all? Even if you can eliminate only one or two small monthly expenditures, the savings can add up in your annual budget. Then calculate the savings over a five-year period to confirm that this exercise was well worth your while. GET CREATIVE Next comes the fun part — ask yourself how you can accomplish the same goals without spending the cash. For instance, consider eliminating postage for bill and vendor payment by paying online or via telephone. You may even be able to hand-deliver payments to certain vendors. What about the coffee that you provide for your employees? Think about asking the coffee drinkers to donate a small amount to cover the beans, cream, sugar and cups. And instead of shelling out cash for event signage, find an employee (or volunteer) with calligraphy skills and have him or her print the signs by hand. Or, ask a sign company for a product-service donation. Additionally, consider bidding out all of your vendor services — or asking your vendors for 6 GO GREEN Employees usually respond well to environmentally friendly ways of cutting expenses. For example: N Install a water filter in your break room kitchen sink and stop buying bottled water or paying for a water service, N Educate your employees on the importance of turning off overhead, cubicle, under-theshelf, and other desk lights and lamps to save energy — and cut utility costs, and N Re-use office supplies — ask employees to look through their “stuff” and put pens, pencils and pads of paper they don’t use in one area to be redistributed to co-workers. Even simple steps such as having employees turn off their computer stations every night can add up in savings and create some ecological goodwill. AN EYE ON RESULTS As you revisit your expenses, keep in mind that it may be easier to reduce all — or almost all — expenses a little than to eliminate the larger costs altogether. And for any cost reductions you make, monitor the results. If a cost reduction reduces the quality of your services, it’s probably not worth doing. N NEWS FOR NONPROFITS TIME FOR A PERK? HEALTH CARE CREDIT If your nonprofit is unable to give pay raises this year, you can find other ways to reward employees for their hard work. Trying to help them achieve better work/life balance is one way. As a tax-exempt organization, you may be eligible for a new health care credit provided under the Patient Protection and Affordable Care Act. To qualify, your organization must: Based on the 2010 Compensation Data survey questionnaire for nonprofits, published by Compdata Surveys, more than half of the nonprofits offering paid vacations use years of service to determine the number of vacation days (not including personal and sick days) an employee can receive each year. But you can use time off more creatively. For example: N Consider having half workdays on Fridays, saving energy (and other) costs as you build employee morale. N For organizations serving clients, divide the office into two groups — each group gets half a day off every other Friday, allowing one group to be in the office at all times. N Think about giving those four hours to employees as flex time, which could simply be extra vacation time for employees to use as they please. The idea is to reward your employees in some fashion as the economy tries to bounce back. Just make sure that your charitable mission doesn’t suffer from the new perk. N N Have fewer than 25 full-time equivalent employees (FTEs) for the tax year with average annual wages less than $50,000 per FTE, and N Pay at least 50% of the premium for single (employee-only) coverage for each employee enrolled in your health insurance plan. The maximum credit for a qualifying organization in the first year is 25% of your premium expenses that count toward the credit. However, the credit can’t exceed the total amount of income and Medicare tax you’re required to withhold from employees’ wages. If you have more than 10 FTEs, or if the average annual wages exceed $25,000, the amount of the credit is reduced. Also, because the credit is based on the number of FTEs, you could still qualify for the credit if you have more than 25 employees — some of them could be part-time employees. The credit is refundable and will be calculated using Form 8941, “Credit for Small Employer Health Insurance Premiums.” Attach Form 8941 to Form 990-T, “Exempt Organization Business Income Tax Return” — even if your nonprofit has no taxable income — to claim the credit. N This publication is distributed with the understanding that the author, publisher and distributor are not rendering legal, accounting or other professional advice or opinions on specific facts or matters, and, accordingly, assume no liability whatsoever in connection with its use. ©2011 NPAfm11 7 PRSRT STD U.S. POSTAGE PAID Sacramento, CA Permit No. 2905 (BUFXBZ0BLT%Sr4VJUF 4BDSBNFOUP$" 3&563/4&37*$&3&26&45&% David Ljung, CPA — With over 30 years of experience, Dave is the shareholder in charge of the Not-for-Profit Industry team. He provides financial management, strategic planning, and operational advice to the management and boards of directors for dozens of trade and professional associations and other not-for-profit organizations. Darla Colson, MST, CPA — With more than 20 years of experience, Darla is a shareholder on our Not-for-Profit Industry team. She specializes in tax-exempt issues and advises clients on matters such as unrelated business income, lobbying, IRS examinations, and for-profit subsidiaries. Gilbert Associates, Inc. is the region’s premier provider of services to the not-for-profit and association community. Our services include: N Auditing N Tax preparation and consulting N O utsourced accounting N Best practices guidance N IRS and FTB representation Bobbie Hales, CPA — With more than 13 years of experience, Bobbie is also a shareholder on our Not-for-Profit Industry team. Bobbie specializes in auditing and consulting for a wide variety of not-for-profit entities. She advises clients on how to improve internal financial controls, management and personnel procedures, and operational efficiency. Bobbie is active in the community and has served on a number of not-for-profit boards. Rosina Bugarin, CPA Camille Bailey, CPA N Educational seminars N Board presentations and counsel N Financial advice N S urveys Matt Krehe, CPA Rosina, Camille and Matt are all managers, overseeing our audit services to not-for-profit organizations. They are each responsible for the planning and execution of audit engagements and rendering advice to clients regarding nonprofit specific matters. Check out our website, www.gilbertcpa.com for more information about our Industry Team.