Res No 054-19-15326Resolution No. 5 4-19 -1 53 2 6
A Resolution appointing Matthew Childers to serve on the City of South Miami
Audit Committee for a term not to exceed twelve months.
WHEREAS, Section 218.391, Fla. Stat., requires the establishment of an audit committee to
select an individual or firm to conduct the annual audit of the City's books and records; and
WHEREAS, the City Commission created an Audit Committee by Resolution No. 048-16-
14603 dated March 1, 2016; and
WHEREAS, the City Commission wishes to appoint Matthew Childers to serve on the
Audit Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Sectionl. The City Commission hereby appoints Matthew Childers to serve on the Audit
Committee for a twelve-month term, or until a recommendation is made to the Commission and the
Commission enters into a contract with one of the recommended auditors, whichever date is sooner.
Section 2. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this 7 th day of May, 2019.
ATTEST:
READ AND APPROVED AS TO FORM,
COMMISSION VOTE:
5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Item No:1.
City Commission Agenda item Report
Meeting Date: May 7, 2019
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section:
Subject:
A Resolution appointing Matthew Childers to serve on the City of South Miami Audit Committee for a term not to
exceed twelve months. 3/5 (Mayor Stoddard)
Suggested Action:
Attachments:
Resolution appointing audit committee.childers.doc
Matthew Childers board application.pdf
Res No 048-16-14603.pdf
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Referred by: Mayor Stoddard
Mayor or Commissioner
CITY OF SOUTH MIAM/ BOARD/COMMITTEE APPLICATION
6130 Sunset Drive
South Mami, FL 33143
Phone No. 305-663-6340
Fax No. 305-663-6348
1. I am interested in serving on the following boards)/committee(s):
Audit Committee
First choice Second choice
Third choice Fourth choice
2. Name: Matthew Childers
(Please print)
3. Home Address: 6440 SW 63rd Ter, South Miami, FL 33143
4. Business Address:
5. Home Phone No. Business Phone No. (619) 807-1724
Fax No.
6. E-mail Address: machildersAgmail.com
7. Education/Degree Earned: Ph.D, Political Science: University of California, San Qj
Pertinent Experience: Former Rates Analyst at Texas Public Utility Commissioned
a policy and research consultant
Field Expertise: Expert in Political Behavior and Public Policy
8. Community Service:
9. Attached Resume: (Optional)
10. Are you a registered voter? Yes No
11. Are you a resident of the City? Yes No
12. Do you have a business in the City? Yes ✓ No
Please be aware that all applicants who are appointed to any City board, commission or committee, as well as all
employees -and volunteers, who will provide any service or who may come into contact with vulnerable peisons as
defined in Section 435.02, Fla. Stat. (including children and the elderly) in the course of their appoinhnent,
employment or volunteerism, must compliance with Level H Background Screening and fingerprinting
requirements as per, Florida Statute Ch. 435. Such individual must have passed the background screening to the
satisfaction of the City prior to the appointment to the position or the start of any employment or volunteerism
Signature
Applicant
Revised 4115
Date April 26, 2019
i
3
RESOLUTION No. 048-16-14603
A Resolution creating an Audit Committee to establish criteria, review and assist in the
process of selecting an auditor.
WHEREAS, Section 218.391, Fla. Stat., requires the establishment of an audit committee
to select an individual or firm to conduct the annual audit of the City's books and records.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Sectionl. The City Commission hereby creates an Audit Committee. The Committee
shall consist of no kass more than twe three members who are residents of or own property
in the City. Two members shall constitute a quorum and all action must be taken by an
affirmative vote of two members.
Section 2, The Committee members shall serve for a twelve month term, or until a
recommendation is made to the Commission and the Commission enters into a contract with one
of the recommended auditors, whichever date is sooner. The Committee members shall serve
without compensation; provided, however, the City will reimburse expenses incurred. The
Committee shall present its initial recommendation of no fewer than three (3) auditors, if possible,
no later than September 30, 2016.
Section 3. Meetings of the Audit Committee shall be subject to the Florida Sunshine
laws, including the public meeting law and the public records law. All meetings of the
committee shall be advertised and open to the public.
Section 4. The Audit Committee shall:
(a) Establish factors to use for the evaluation of audit services to be provided by a
certified public accounting firm duly licensed under chapter 473 and qualified to
conduct audits in accordance with government auditing standards as adopted by
the Florida Board of Accountancy. Such factors shall include, but are not limited to,
ability of personnel, experience, ability to furnish the required services, and such
other factors as may be determined by the committee to be applicable to its
particular requirements.
(b) Publicly announce requests for proposals. Public announcements must include, at a
minimum, a brief description of the audit and indicate how interested firms can,
apply for consideration.
(c)Provide interested firms with a request for proposal. The request for proposal
shall include information on how proposals are to be evaluated and such other
4
Pg. 2 of Res. No. 048-16-14603
information the committee determines is necessary for the firm to prepare a
proposal.
(d) Evaluate proposals provided by qualified firms. If compensation is one of the factors
established pursuant to paragraph (a), it shall not be the sole or predominant factor
used to evaluate proposals.
(e) Rank and make a recommendation in order of preference, of no fewer than three
firms deemed to be the most highly qualified to perform the required services after
considering the factors established pursuant to paragraph (a). If fewer than three
firms respond to the request for proposal, the committee shall recommend such
firms as it deems to be the most highly qualified.
Section S. The Commission shall inquire of qualified firms as to the basis of
compensation and select one of the firms recommended by the audit committee.
Section 6. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this resolution.
Section 7. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 1 st day of March 2016.
9ERK
READ AND APPROVED AS TO FORM,
APPROVED:
'MAY R a& -
COMMISSION VOTE:
4-0
Mayor Stoddard:
Yea
Vice Mayor Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Harris:
absent
Commissioner Edmond:
Yea
9
The 2012 Florida Statutes
Title XIV Chapter 218 View Entire
TAXATION AND FINANCIAL MATTERS PERTAINING TO POLITICAL Chapter
FINANCE SUBDIVISIONS
218.391 Auditor selection procedures.—
(1) E
ach local governmental entity, district school board, charter school, or charter technical career
center, prior to entering into a written contract pursuant to subsection (7), except as provided in
subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the
annual financial audit required in s. 218.39.
(2) The governing body of a charter county, municipality, special district, district school board,
charter school, or charter technical career center shall establish an audit committee. Each
noncharter county shall establish an audit committee that, at a minimum, shall consist of each of the
county officers elected pursuant to s.1(d), Art. VIII of the State Constitution, or a designee, and one
member of the board of county commissioners or its designee. The primary purpose of the audit
committee is to assist the governing body in selecting an auditor to conduct the annual financial
audit required in s. 218.39; however, the audit committee may serve other audit oversight purposes
as determined by the entity's governing body. The public shall not be excluded from the proceedings
under this section.
(3) The audit committee shall:
(f) * Establish factors to use for the evaluation of audit services to be provided by a
certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in
accordance with government auditing standards as adopted by the Florida Board of Accountancy.
Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish
the required services, and such other factors as may be determined by the committee to be
applicable to its particular requirements.
(g) Publicly announce requests for proposals. Public announcements must include, at a
minimum, a brief description of the audit and indicate how interested firms can, apply for
consideration.
(h) Provide interested firms with a request for proposal. The request for proposal
shall include information on how proposals are to be evaluated and such other information
the committee determines is necessary for the firm to prepare a proposal.
(i) Evaluate proposals provided by qualified firms. If compensation is one of the factors
established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate
proposals.
(j) Rank and recommend in order of preference no fewer than three firms deemed to be
the most highly qualified to perform the required services after considering the factors established
pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the
committee shall recommend such firms as it deems to be the most highly qualified.
(4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of
the firms recommended by the audit committee, and negotiate a contract, using one of the
following methods:
(a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not
used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract
with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with
that firm, negotiations with that firm shall be formally terminated, and the governing body shall then
undertake negotiations with the second -ranked firm. Failing accord with the second -ranked firm,
negotiations shall then be terminated with that firm and undertaken with the third -ranked firm.
Negotiations with the other ranked firms shall be undertaken in the same manner. The governing
body, in negotiating with firms, may reopen formal negotiations with any one of the three top -
ranked firms, but it may not negotiate with more than one firm at a time.
(b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the
evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest -
ranked qualified firm or must document in its public records the reason for not selecting the highest -
ranked qualified firm.
(c) The governing body may select a firm recommended by the audit committee and
negotiate a contract with one of the recommended firms using an appropriate alternative
negotiation method for which compensation is not the sole or predominant factor used to select
the firm.
(d) In negotiations with firms under this section, the governing body may allow a
designee to conduct negotiations on its behalf.
(5) The method used by the governing body to select a firm recommended by the audit committee
and negotiate a contract with such firm must ensure that the agreed -upon compensation is
reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body.
(6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended
firms, the committee shall recommend additional firms, and negotiations shall continue in accordance
with this section until an agreement is reached.
(7) Every procurement of audit services shall be evidenced by a written contract embodying
all provisions and conditions of the procurement of such services. For purposes of this section,
an engagement letter signed and executed by both parties shall constitute a written
contract. The written contract shall, at a minimum, include the following:
(a) A provision specifying the services to be provided and fees or other compensation
for such services.
(b) A provision requiring that invoices for fees or other compensation be submitted in
sufficient detail to demonstrate compliance with the terms of the contract.
(c) A provision specifying the contract period, including renewals, and conditions under
which the contract may be terminated or renewed.
(8) Written contracts entered into pursuant to subsection (7) maybe renewed. Such renewals
may
be done without the use of the auditor selection procedures provided in this section. Renewal of a
contract shall be in writing.
History.—s. 65, ch. 2001-266; s.1, ch. 2005-32.
7
The 2012 Florida Statutes
218.39 Annual financial audit reports.—
(1) If, by the first day in any fiscal year, a local governmental entity, district school board, charter
school, or charter technical career center has not been notified that a financial audit for that fiscal
year will be performed by the Auditor General, each of the following entities shall have an annual
financial audit of its accounts and records completed within 9 months after the end of its fiscal year
by an independent certified public accountant retained by it and paid from its public funds:
(a) Each county.
(b) Any municipality with revenues or the total of expenditures and expenses in excess of
$250,000, as reported on the fund financial statements.
(c) Any special district with revenues or the total of expenditures and expenses in
excess of $100,000, as reported on the fund financial statements.
(d) Each district school board.
(e) Each charter school established under s.1002.33.
(t) Each charter technical center established under s.1002.34.
(g) Each municipality with revenues or the total of expenditures and expenses between
$100,000 and $250,000, as reported on the fund financial statements, which has not been subject
to a financial audit pursuant to this subsection for the 2 preceding fiscal years.
(h) Each special district with revenues or the total of expenditures and expenses between
$50,000 and $100,000, as, reported on the fund -financial statement, which has not been subject to
a financial audit pursuant to this subsection for the 2 preceding fiscal years.
(2) The county audit report must be a single document that includes a financial audit of the
county
as a whole and, for each county agency other than a board of county commissioners, an audit of its
financial accounts and records, including reports on compliance and internal control, management
letters, and financial statements as required by rules adopted by the Auditor General. In addition, if a
board of county'commissioners elects to have a separate audit of its financial accounts and records in
the manner required by rules adopted by the Auditor General for other county agencies, the separate
audit must be included in the county audit report.
(3)(a) A dependent special district may provide for an annual financial audit by being included
in the audit of the local governmental entity upon which it is dependent. An independent special
district may not make provision for an annual financial audit by being included in the audit of
another local governmental entity.
(b) A special district that is a component unit, as defined by generally accepted accounting
principles, of a local governmental entity shall provide the local governmental entity, within a
reasonable time period as established by the local governmental entity, with financial
information necessary to comply with this section. The failure of a component unit to provide
this financial information must be noted in the annual financial audit report of the local
governmental entity.
(4) A management letter shall be prepared and included as a part of each financial audit report.
(5) At the conclusion of the audit, the auditor shall discuss with the chair of the governing body of
the local governmental entity or the chair's designee, the elected official of each county agency or the
elected official's designee, the chair of the district school board or the chair's designee, the chair of
the board of the charter school or the chair's designee, or the chair of the board of the charter
technical career center or the chair's designee, as appropriate, all of the auditor's comments that will
be
included in the audit report. If the officer is not available to discuss the auditor's comments, their
discussion is presumed when the comments are delivered in writing to his or her office. The auditor shall
notify each member of the governing body of a local governmental entity, district school board, charter
school, or charter technical career center for which:
(a) Deteriorating financial conditions exist that may cause a condition described ins.
218.503 1 to occur if actions are not taken to address such conditions.
(b) A fund balance deficit in total or for that portion of a fund balance not classified as restricted,
committed, or nonspendable, or a total or unrestricted net assets deficit, as reported on the fund
financial statements of entities required to report under governmental financial reporting standards
or on the basic financial statements of entities required to report under not -for -profit financial
reporting standards, for which sufficient resources of the local governmental entity, charter school,
charter technical career center, or district school board, as reported on the fund financial statements,
are not available to cover the deficit. Resources available to cover reported deficits include fund
balance or net assets that are not otherwise restricted by federal, state, or local laws, bond
covenants, contractual agreements, or other legal constraints. Property, plant, and equipment, the
disposal of which would impair the ability of a local governmental entity, charter school, charter
technical career center, or district school board to carry out its functions, are not considered
resources available to cover reported deficits.
(6) The officer's written statement of explanation or rebuttal concerning the auditor's
findings,
including corrective action to be taken, must be filed with the governing body of the local
governmental entity, district school board, charter school, or charter technical career center
within 30 days after the delivery of the auditor's findings.
(7) All audits conducted pursuant to this section must be conducted in accordance with the rules
Of
the Auditor General adopted pursuant to s. 1145. Upon completion of the audit, the auditor shall
prepare an audit report in accordance with the rules of the Auditor General. The audit report shall be
filed with the Auditor General within 45 days after delivery of the audit report to the governing body
of the audited entity, but no later than 9 months after the end of the audited entity's fiscal year. The
audit report must include a written statement describing corrective actions to be taken in response
to each of the auditor's recommendations included in the audit report.
(8) The Auditor General shall notify the Legislative Auditing Committee of any audit report prepared
pursuant to this section which indicates that an audited entity has failed to take full corrective action in
response to a recommendation that was included in the two preceding financial audit reports.
(a) The committee may direct the governing body of the audited entity to provide a
written
statement to the committee explaining why full corrective action has not been taken or, if the
0
governing body intends to take full corrective action, describing the corrective action
to be taken and when it will occur.
(b) If the committee determines that the written statement is not sufficient, it may
require the chair of the governing body of the local governmental entity or the chair's
designee, the elected official of each county agency or the elected official's designee, the
chair of the district school board or the chair's designee, the chair of the board of the
charter school or the chair's designee, or the chair of the board of the charter technical
career center or the chair's designee, as appropriate, to appear before the committee.
(c) If the committee determines that an audited entity has failed to take full corrective
action for which there is no justifiable reason for not taking such action, or has failed to
comply with committee requests made pursuant to this section, the committee may
proceed in accordance with s.11.40(2).
(9) The pedecessor auditor of a district school board shall provide the Auditor General
access to the prior year's working papers in accordance with the Statements on Auditing
Standards, including documentation of planning, internal control, audit results, and other
matters of continuing accounting and auditing significance, such as the working paper
analysis of balance sheet accounts and those relating to contingencies.
(10) Each charter school and charter technical career center must file a copy of its
audit report with the sponsoring entity; the local district school board, if not the
sponsoring entity; the Auditor General; and with the Department of Education.
(11) This section does not apply to housing authorities created under chapter 421.
(12) Notwithstanding the provisions of any local law, the provisions of this section shall
govern.
History.—s. 65, ch. 2001-266; s. 924, ch. 2002-387; s. 28, ch. 2004-305; s. 2, ch.
2006-190; s. 2, ch. 2009-214; s. 20, ch. 2011-144; s. 25, ch. 2012-5; s. 1, ch. 2012-38.
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