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Res. No. 134-06-12275RESOLUTION NO. 13 4 - 0 6 -1 2275 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HIRING A FINANCIAL MANAGEMENT CONSULTING FIRM; DIRECTING ADMINISTRATION TO INITIATE A REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ACCOUNTING AND OPERATIONAL REVIEW AND PERFORMANCE MANAGEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire, in good faith, to conduct an operational review as well as a performance -based audit, as required by the Charter to confirm and ensure the current and future financial condition of the City; and, WHEREAS, it is in the best interest of the City to periodically hire a qualified management consulting firm to conduct a review of selected departments, divisions and/or policies in order to ensure continued compliance with federal, state, county and municipal laws, and more specifically, ensure compliance with the City's charter; and, WHEREAS, it is in the best interest of the City to review its processes in order to confirm and guarantee that there has not been misconduct or misfeasance in conducting financial operations; and, WHEREAS, the City staff was instructed to prepare a request for qualifications (RFQ) for management consulting services, which is attached hereto; and, WHEREAS, the firm selected to perform the audit shall report to the city commission as to areas of City operation in need of enhanced efficiency and effectiveness. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT; Section 1. The administration is hereby authorized and instructed to initiate a request For Qualifications for qualified management consulting services in substantially the same form attached hereto. Section 2. That the administration is further instructed to advertise for sealed bids for qualified management consulting services and to submit the bids received to the City Commission for acceptance or rejection. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 25th day of July, 2006. SIGNATURES ON FOLLOWING PAGE Res. No. 134 -06- -12275 ATTEST: TY CLERK READ OWD AS TO FORM: - �Lu�s�i edo, City Atto ey h:�� MAYOR COMMISSION UTE: 4 -0 Mayor Feliu: Yea Vice Mayor Wiscombe Yea Commissioner Palmer: absent Commissioner Birts: Yea Commissioner Beckman: Yea C: (Documents and SettingsMothsteinWy DocumentstReso- OrdlResolution Audit 2006DOC P) South Miami .- An- An�icacilY CITY OF SOUTH MIAMI � OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Randy Wiscombe, Vice Mayor Date: Jul y 25 2006 Agenda Item: Subject: Operational review and performance -based audit Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING ADMINISTRATION TO INTITATE A REQUEST FOR QUALIFICATIONS AUTHORIZING THE ISSUANCE OF AN RFQ FOR PROFESSIONAL ACCOUNTING AND OPERATIONAL REVIEW AND PERFORMANCE MANAGEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. Reason/Need: The attached resolution is a request to allow the administration to initiate a request for qualifications (RFQ) to hire a qualified management consulting firm to conduct a review of selected departments, divisions and/or policies to ensure continued compliance with federal, state, county laws, and the City's Charter as well as enhancing efficiency and effectiveness -of City operations. The City Charter, Article IV, Finance, Section 4- requires a performance -based audit for each department at least once every five years. Backup Documentation: Copy of the City Charter Article IV, Finance, ,Section 4. F REQUEST FOR QUALIFICATIONS FOR AN OPERATIONAL REVIEW/PERFOMANCE BASED AUDIT L INTRODUCTION The City of South Miami is requesting sealed proposals from qualified financial management consulting firm to provide operational review analysis /performance based audit services. Request for Qualification documents may be obtained at the City Clerk's office, City of South Miami for a non - refundable fee of $50.00. There is no expressed or implied obligation for the City of South Miami to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered, one original and nine (9) copies of a sealed proposal and a copy on a CD shall be delivered to the City Clerk's office located at 6130 Sunset Drive, South Miami, Florida 33143 prior to the closing time of P.M. on The delivery of proposals to the City of South Miami prior to the specified date and time, is solely and strictly the responsibility of the proposing firm. The City shall not, under any circumstances, be responsible for delays caused by the United States Postal Service or any private delivery service, or for other delays. All responses must be manually and duly signed by an authorized corporate officer, principal, or partner with the authority to bind said firm. All responses must be marled on the outside: "Qualification Proposal to Provide Services for the City of South Miami, Florida" Late submission shall not be accepted by the City Clerk. The city reserves the right to reject any or all proposals, or any part of any proposals, to waive any informality, and to make an award that is in the best interest of the City of South Miami. The City reserves the right to issue addenda to this RFQ which addenda may extend the RFQ Schedule. The City shall provide all applicants with notice of all addenda changes. The City of South Miami is an Equal Opportunity Employer and encourages the participation of minority vendors. CONE OF SILENCE ORDINANCE IS APPLICABLE TO THIS SOLICITATION 1 II. NATURE OF SERVICES REQUIRED A. Scope of Services The operational review analysis /performance based audit evaluation should be conducted in accordance with the applicable guidance of GASB and Yellow Book requirements. The procedures will include an operational risk assessment to identify areas deemed to be viable candidates for performance improvement. If the risk assessment procedures and related tests indicate vulnerability of a particular area, the selected firm, and All/or areas specifically identified by the City, may be subject to additional detail test work to enhance the safeguarding of assets of the CSM. Such test work shall be agreed to by the firm and the City via written agreed upon procedures prior to initiation of work on each area. In addition, the selected firm should provide an analysis of the current and past fiscal year revenues, costs and expenses. This analysis should be performed with the intent of verifying that all procedures that impact City services have been followed without any deviation from City policies. One area review will include, but not necessarily be limited to, is an evaluation of the control systems for procedures for procuring and paying for goods and services. B. Deliverables The consulting firm will he available to provide an oral briefing to the City Mayor and Commission when agreed upon. The Consultant will deliver a concisely written report to the Mayor and City Commission that clearly details results of review and/or procedures performed to include: 1. Recommendations regarding any additional assessment work that may be needed to determine the impact (magnitude and duration) of any high risk areas. Specific information in support for the recommendations should be provided as well as a clearly defined strategy for executing the additional analysis examination work recommended. Provide detailed cost estimates for further testing to determine if such vulnerabilities may have been exploited; 2. Any other recommendations arising from the consultant's work, such as recommendations to eliminate or minimize weaknesses or practices which might lead to unintentional errors or waste; 3. An analysis of the City's revenues, costs and expenses for the current and past fiscal years determined by the City Commission with the objective of assisting with recommendations of controlling or reducing costs and expenses, without adverse impact on City services. 2 III. DESCRIPTION OF GOVERNMENT A. City Contact The consulting firm's contract with the City of South Miami during the proposal process will be in written format to the City Clerk's office by e-mail, fax, or US mail. During the audit Adriana Hussein, Finance Director, will be the principal contact. The proposing firm may not solicit, lobby, or contact any member of the City Commission or Selection Committee if chosen, from the time the RFQ is issued until final ratification of the contract by the City of South Miami with the exception of any City requested oral presentations and the negotiation process. Violation of this provision will be grounds for disqualification of the proposing firm. B. Background Information The City of South Miami is a municipal form of government located in Miami Dade County. The Commission consists of a Mayor, Vice Mayor and three Commissioners. The Commission appoints a City Manager who serves at the pleasure of the Commission. The City of South Miami serves an area of approximately 2.3 square miles with a population of approximately 11,000 residents. The City's fiscal year begins October 1 and ends September 30th of every year. The City Commission is very concerned about the nature and magnitude of any possible frauds and wishes to fulfill its fiduciary responsibilities by carrying out a cost- effective comprehensive assessment of areas deemed vulnerable to fraud, waste and/or abuse. Commencement and completion of the examination in a timely manner is of the greatest importance to the City Commission. C. Availability of Prior Reports During the RFQ process, all interested Proposers who wish to review prior years' Comprehensive Annual Financial Reports and management letters, should be requested via writing, email or US Mail through the City Clerks office at 305- 663 -6340 or mmendez &cityofsouthmiami.net. 3 N. PROPOSAL REQUIREMENTS The following material should be submitted for a proposed firm to be considered: One marked original and nine (9) photocopies and CD of the qualification proposal to include the following: Provide responses to the following requests. The responses should be numbered to correspond with each request. 1. Indicate the number of people (by level) located within the engagement office that will handle the engagement, the organization of the review team, and the approximate percentage of time spent on the analysis by each member. 2. Provide a list of the engagement office's current and prior government and operational review and/or audit clients, indicating the type(s) of services performed, and the number of years served for each. 3. Indicate the experience of the engagement office and team in providing additional services to government clients, in particular experience in performing audit examinations and performance based audits and/or reviews accounting, by listing the name of each government, the type(s) of service performed, and the year(s) of engagement. 4. Describe your organization's participation in comparable quality control programs. 5. Describe the professional experience in governmental audits of each senior and higher level person assigned to the audit, the years on each job, and his/her position while on each audit. Indicate the percentages of time each senior and higher -level person will be on site. 6. Describe the relevant educational background of each person assigned to the examination, senior level or higher. This should include continuing professional education, seminars, and courses attended within the past three years. Governmental accounting, auditing, and financial reporting courses should be cited. 7. Describe the professional experience of assigned individuals in examining relevant government or similar organizations, programs, activities, or functions. S. Identify any potential types of conflicts of interest (fact or appearance) with the City of South Miami or any other party associated with this special audit engagement. 9. Is the firm adequately insured to cover claims? Describe liability insurance coverage arrangements. 10. Describe any regulatory action taken by any oversight body against the proposing audit organization, local office, or individual of the engagement team. 4 11. Describe assistance expected from the city staff. 12. Provide a straightforward, concise description of the proposer's capability to satisfy the requirements of the RFQ. 13. Independence The firm should provide an affirmative statement that it is independent of the City of South Miami as defined by the U.S. General Accounting Office's Government Auditing Standards. 14. License to Practice in Florida An. affirmative statement should be included indicating that the firm and all assigned key professional staff are properly registered and licensed to practice in the State of Florida or any U.S. territory. Copies of Licenses should be included. 15. Past Performance and Complaints The Proposer shall provide a list of lawsuits taken against him/her as a result of contractual services within the past three (3) years regardless of lawsuit(s) outcome. 16. Termination Any contract resulting from this Request For Qualification or a response thereto may be cancelled by the Successful Proposer upon ninety (90) days prior written notice to the City's representative in the event of substantial failure by the City to perform in accordance with this Contract through no fault of the proposer, however, if the City has cured the complaint within the ninety (90) day period, the proposer shall loose the right to terminate this agreement. During the contract period, the Finance Director shall assess the auditor's performance. In the event of a breach of the contract by the auditor or unsatisfactory performance as assessed by the Finance Director, in her or his sole discretion, or if the auditor performs in a manner which precludes the City from administering its function in an effective or efficient manner, and if after thirty (30) days following written notice hereof, the auditor has been unable to remedy such breach, or provide a satisfactory performance level, then the City shall, upon written notice to the auditor, be authorized to cancel the contract, thereafter reserving the right to proceed against the auditor for breach. Unless the Successful Proposer is in breach of this Contract, the Successful Proposer shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Successful Proposer shall: A. Stop work on the date to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other materials related to the terminated work to the City. D. Continue and complete all parts of the work that have not been terminated. 5 E. In the event that the Successful Proposer defaults on the Contract or the Contract is terminated by the City for cause due to performance, the City reserves the right to obtain the materials or services from the next Successful Proposer of its choice or other source during the remaining term of the Contract. Under this arrangement the City will charge and bill the Successful Proposer any excess cost occasioned or incurred thereby. 17. Adjustments /Changes/Deviations No adjustments, changes, or deviations shall be accepted on any item unless conditions or specifications of a proposal expressly so provide. All adjustments, changes or deviations shall require prior written approval, and shall be binding only if issued through the Finance Department. 18. Annual Appropriation Any contract resulting from a Request for Qualification or a response thereto is conditional upon the City of South Miami having funding to implement the Contract. 19. Contractual Agreement The terms, conditions, and provisions in this Request for Qualifications shall be included and incorporated in any final Contract. The venue of any legal action resulting from this proposal and any subsequent Contract shall be Miami Dade County, Florida. 20. Discrimination An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 21. Completion of all Attachments, A -D C ATTACHMENT" `A' �i! MTV 9 li'& 1Ci) \jIF2fi7i - li State of )ss. County of being first duly sworn, deposed and says that: (Authorized Agent) (1) He /She is the (Owner, Partner, Officer, Representative or Agent) of (Institution name) , the proposer that has submitted the attached proposal; (2) He /She is fully informed regarding the preparation and contents of the attached proposal along with all pertinent circumstances regarding such proposal; (3) Such proposal is genuine and is not a collusive or sham proposal; (4) Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer(s), firm or person to submit a collusive or sham proposal in connection with the work for which the attached proposal has been submitted; or to refrain from bidding in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached proposal or of any other proposer(s), or to fzx any overhead, profit, or cost elements of the proposal price or the proposal price of any other proposer(s), or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against another proposer(s), or any person interested in the proposed work; (5) The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy connivance, or unlawful agreement on the part: of the proposer or any other of its agents, representative, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of Witness Witness Date Signature Printed Name Date 7 ATTACHMENT `B' NON -COLL USIONAFFIDAVIT ACKNOWLEDGMENT State of )ss. County of BEFORE ME, the undersigned authority, personally appeared (name) to me and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that (name) executed said Affidavit for the purpose therein expressed. WITNESS my hand and official seal this day of Type ( } Personally Known to me or ( } Produced Identification 200 . NOTARY PUBLIC, State of Florida at Large Signature of Notary Public: Also Print, Stamp or include Commission number and expiration date if not included in the Stamp. Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. ATTACHMENT `C' CERTIFICATION The undersigned declares to have specific and legal authorization to obligate its institution to the terms of this Proposal and hereby agrees to furnish the items(s) /services(s) described in the Request for Proposal. I(We) have read the entire document, including the General Information, General Terms and Conditions, and Scope of Work. The undersigned agrees to comply with all of the requirements of the entire Request for Proposal exclusive of those indicated in Attachment "A" Variations section. Indicate proposer's type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ IF OTHER, EXPLAIN: Audit Firm Authorized Signature Address Typed/Printed Name City State ZIP Title Telephone Number Federal Tax ID Fax Number 0 ATTACHMENT `D' VENDOR/BIDDER DISCLOSURE I, , being first duly sworn state that: The full legal name and business address of the person(s) or entity contracting with the City of South Miami ( "City ") are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and Date of Incorporation OWNERSHIP DISCLOSURE AFFIDAVIT 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Names, Addresses, and Titles of Individual Who Will Lobby: Full Legal Name Address Ownership IR 2. The full legal names and business addresses of any other individual (other than subcontractors, material men, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address By: Signature of Affiant Print Name Date: SUBSCRIBED AND SWORN TO or affirmed before me this day of 200_, by presented 11 he /she is personally known to me or has as identification. Notary Public, State of Florida at Large Print or Stamp of Notary Serial Number My Commission Expires: