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Res. No. 086-06-12227RESOLUTION NO. 86-06-12227 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HIRING A FINANCIAL MANAGEMENT CONSULTING FIRM; AUTHORIZING THE ISSUANCE OF AN RFQ 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 health 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, the firm shall report to the city commission as to areas of City operation in need of enhanced efficiency and effectiveness; 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 conduction financial operations; and WHEREAS, the Mayor and City Commission desire to develop an RFQ for a qualified management consulting firm. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The above whereas clauses are incorporated by reference into this resolution. Section 2. City staff is instructed to prepare a request for qualifications (RFQ) for management consulting services, which RFQ shall be presented to the City Commission, for its approval, at the next City Commission_ meeting. The RFQ, upon approval, shall be advertised and distributed. The City Commission shall then select a qualified management, consulting firm to conduct an operational review and performance -based audit of selected departments, divisions and /or policies of the City of South Miami. The consultant shall prepare a final written report that shall include findings and recommendations. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 6 th day of .Tune, 2006. A TEST: ITY CLERK Pg. 2 of Res.. No. 86 -06 -12227 READ AND APPROVED AS TO FORM: Luis Figueredo, Office o Attorney Nagin, Gallop & Figueredo, P.A. J:IFORMS4esoiutionsloper.review & perform based audit res.DOC COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscornbe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: 5 -0 Yea Yea Yea Yea Yea South Miami CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission r" Via: Yvonne S. McKinley, Acting City Manager From: Randy Wiscombe, Vice Mayor Date: Jane b, 2006 Agenda Item:_ Subject: Operational review and perfonnance -based audit Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HIRING A FINANCIAL MANAGEMENT CONSULTING FIRM; 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 requesting your authorization to prepare 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. Article IV, Finance, Section 4.. F of the City Charter requires a performance -based audit for each department at least once every five years. Funding Source: General Contingency account Backup Documentation: Copy of the City Charter Article IV, Finance, Section 4. F. ARTICLE III (Cont'd) D_ Prepare and submit to the Commission at the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. F. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. (Amended 2/8/00) F. Attend all Commission meetings with the right to take part in discussion. G. Perform such other duties as are specified in this Charter or which may be required by the Commission. H. Contract for the purchase of any goods or services for any department of the City in an amount up to and including ($5,000.00. All contracts for goods and services in excess of $5,000.00 shall be approved by the City Commission. The City Manager shall report all expenditures to the City Commission monthly. (Amended 2/8/00) All purchases shall be approved after competitive conditions shall have been maintained and competitive bids sought from at least three different sources of supply if available, such determination to be made by -the Commission, and, notwithstanding the foregoing, the City may make purchases through other governmental agencies that have followed similar bidding procedures. This subsection does not apply to the purchase of legal and expert services that have been approved by the City Commission. (Amended 2/8/00) ARTICLE IV F:Lnanae SECTION I. Fiscal Year The fiscal year of the City of South Miami shall be the same as that set by Dade County or its successors. SECTION 2. Bua�t A. The City Manager shall submit to the Commission, 60 days prior to the beginning of the fiscal year, an annual budget 17 SOUTH WAND CITY CHARTER AMENDED 2/14/06 ARTICLE W (Cont'd) together with an explanatory message. The budget, budget message and all supporting schedules, shall be a public record open to public inspection by anyone. B. Public Hearin c,�s At the meeting of the Commission at which the budget and budget message are submitted, the Commission shall determine the time and place for a public hearing on the budget, at which time, interested persons shall be given an opportunity to be heard. The City Clerk shall post a notice of the place and time not less than five days after the date of posting at which time the Commission will hold a public hearing. C. Adjustments After conclusion of such public hearings, the Commission may insert new items or may increase, decrease or delete the items of the budget; provided, however, if the total of proposed expenditures be increased thereby, then and in that event, the City Clerk shall post a notice setting forth the nature of the proposed increase and listing a place and time not less than five days after the date of posting of the public hearing thereon. D. Admti.on The budget shall be adopted by three affirmative votes of the City Commission before the first day of the new fiscal year. Should the Commission take no final action on or prior to the date, the budget, as submitted, shall be deemed to have been finally adopted by the Commission, provided that if the provision for funds in any department or departments exceeds (10%) of the previous year's budget, then as to that department or departments the Commission shall be deemed to have approved the previous year's budget. (Amended 2/$1(30) E. Certlfication A copy of the budget as finally adopted shall be certified by the City Manager and the budget so certified shall be filed for the use of all offices and departments. F. 24aciifi ca Lions (1) Transfer of A ro riation At the request of the City Manager, the Commission may at any time transfer, by resolution, any unencumbered appropriation balance or portion thereof between general classification of expenditure within an office or department. At the request of the City Manager and within the last three months of the budget year, the Commission may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one office or department to another. ] 8 SOUTH AUAKI CM CHARTER AN MNDED 2/M05 ARTICLE IV (Cont'd) (2) _Emergency Appropriation In case of disaster or any other circumstance creating an emergency, the Commission may at any time in any budget year, make an emergency appropriation for the purpose of repairing damages caused by such disaster or meeting such public emergency to the end that public health, safety or welfare will be protected. In any budget year where circumstances creating such an emergency have arisen, the Commission may, upon recommendation of the City Manager, authorize the borrowing of money by the issuance of negotiable notes of the City. Such notes shall not exceed 10% of the total operating appropriations in the current year and may be renewed from time to time; but all such notes, together with the renewals, shall mature and be paid not later than the end of the fiscal year. after the budget year in which the. original notes shall have been issued. Such notes shall not constitute a general obligation nor a pledge of ad Valorem tax revenues. Notes may not be sold at less than par and accrued interest at private sale without previous advertisement. SECTION 3. Revenues A.: Taxation The Commission shall levy such taxes as authorized by law to meet the appropriations made not later than the next Commission meeting after adoption of the budget as provided in Article IV, Section 2 D. If the Commission shall refuse or neglect to pass an ordinance levying the taxes for any budget year, the ordinance last previously passed levying taxes shall continue in full force and effect and a failure to pass a current ordinance shall in no way invalidate the collection of any taxes. B. Assessment In the event Dade County shall fail or cease to assess property, the City shall have the right, power and duty to assess all property in an amount not to exceed that permitted by State Law or the Home Rule Amendment. C. Bonds The City shall have the power to issue bonds, certificates of indebtedness and any form of tax anticipation certificates, payable from ad valorem taxation and maturing more than twelve months after issuance only to finance or refinance capital projects... Voter referendum approval for bonds and other forms of indebtedness shall be as provided by the Florida constitution. {Amended 2/8/00} 19 SOUTH MiAAfl CITY CHARTER AMENDED 21] 4ID6 ARTICLE IV (Cont'd) SECTION 4. Administration A. Control The City Manager shall have charge of the administration of the financial affairs of the City in accordance with Article III, Section 5. B_ Custody of Public M=ds The City Manager shall have custody of all public funds belonging to or under control of the City or any office or department thereof, and deposit all fund coming into his or her hands in such depositories as may be designated by Resolution of the Commission. C. A rova.I of Expenditures The City Manager shall approve all proposed expenditures, but, unless he or she shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made. D. Maltz- annual Contracts No contract involving the payment of money out of the appropriations of more than one year shall be made for a period of more than five years, nor shall any such contract be valid unless made or approved by Qrdmanee resolution adopted by the Commission. The Commission shall provide budget and appropriate funds in each succeeding budget for contracts extending more than one year. This section shall not restrict the term- of General Obligation or Revenue Bonds. (Amended 2/14/06) E. Audit The Commission shall designate a qualified Certified Public Accountant who, at the end of the fiscal year and at such other times as ordered by the Commission, shall make an independent examination in accordance with generally accepted auditing standards and review of accounts and other financial transactions by the City and shall submit such report; together with recommendations for improving fiscal control, to the Commission and to the City Manager. The accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers_ The accountant shall not maintain any accounts or records of the City business, but within specifications approved by the Commission, shall post- audit the annual financial statements of the City and all accounts kept by any office or department of the City, The Certified Public Accountant shall not serve as the city's independent auditor for more than three consecutive years. (Amended 2/8/00) 20 SOUTH NUANII C= CHARTER ANIENDFD 2114106 ARTICLE TV (Cont'd) F. Perffoxmance -based audit. The City Commission shall require a performance -based audit for each department at least once every five years. (Amended 2/8/00) ARTICLE V. Elections SECTION 1. Qualifications A. Voters: Any person who is a duly registered voter of Miami -Dade County and who has been a legal resident of the City of South Miami for a period of no less than thirty (30) days immediately before the date of the election. B. Candidates: The City Clerk shall certify that a candidate for election to the Office of the Mayor or Commissioner, no more than 42 days nor less than 28 days prior to a duly scheduled election has: (1) Exhibited to the Clerk proof that he or she is qualified_ elector of the City of South Miami and has continuously resided in the City _of South Miami in a structure designated as residential property for at least one (1) year immediately before the date of the election. (Amended 2/8/00) (2) Each person seeking to qualify for nomination or election to a municipal office shall pay, at the time of qualifying for office, an election assessment fee in addition to a qualifying filing fee of $100 paid to the City Clerk. The requirements to pay an election assessment fee and a qualifying fee may be waived as provided by state law. (Amended 2/8/00) (3) 'Taken the following prescribed sworn oath: "I hereby accept the nomination for Mayor /Commissioner, and agree to serve, if elected, and further that I hereby make the following oath: State of Florida County of Dade Before me, an officer authorized to administer oaths, - personally 21 SOUTH AHAMi CITY CHARTER AMENDED 1/14/06