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HomeMy WebLinkAboutDocumentation_Regular_Tab 22_5/9/2019Memorandum TO:Jim Weinand, Acting Village Manager CC:Honorable Mayor and Village Council Members FROM:Lori McWilliams, Village Clerk DATE:April 22, 2019 SUBJECT:Resolution 15-19 –Creation of Audit Committee Last year during the approval of the Village’s Audit, Council requested the Village create an Audit Committee and go back out for RFP. The last time the Village went out to bid was in 2007. Please find attached Resolution 15-19 approving the establishment of an Audit Committee to assist Council in the selection of an auditor to conduct the state mandated annual audit. RECOMMENDATION: Due to time constraints, it is suggested the committee consist of the following members: Village Finance Director Chris Quirk, Village Deputy Clerk Mary Ann Grieser and Assistant Attorney Mitty Bernard. ASSOCIATED COSTS: There are no associated costs to form the Audit Committee. There will be a cost to run the required legal advertisement for the RFP. This cost is budgeted in the Clerk’s Office legal advertising budget. Additionally, there will be the annual cost to hire the Auditor to complete the annual audit. This cost will be negotiated prior to Council approval of the auditing firm. RESOLUTION NO.15-19 ARESOLUTIONOFTHEVILLAGECOUNCILOFTHEVILLAGEOF TEQUESTA,PALMBEACHCOUNTY,FLORIDA,APPROVINGTHE ESTABLISHMENTOFANAUDITCOMMITTEETOASSISTTHECOUNCIL INTHESELECTIONOFANAUDITORTOCONDUCTTHESTATE MANDATEDANNUALFINANCIALAUDIT.INACCORDANCEWITHSECTION 218.391,FLORIDASTATUTES,THECOMMITTEESHALLPERFORMTHE FOLLOWINGACTIVITIES: (a)Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensedunder 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 therequired 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 information the committee determines is necessary for the firm to prepare a proposal. (d)Evaluate proposals provided by qualified firms. If compensation is oneof the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e)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. Whereas,theCouncilshallthenselectoneofthefirmsrecommendedbytheCommittee usingoneoftwomethods: A.Ifcompensationwas notoneofthefactors consideredbytheCommittee and wasnotusedtoevaluatethefirms,theCouncilshallnegotiateacontractwith thetoprankedfirm.Ifitisunabletoreachanagreement,itmaymovedownthe list.Itmayreopennegotiationswithanyofthetopthreefirms,solongasitdoes 1 notnegotiatewithmorethanonefirmatatime. OR B.Ifcompensationwasoneofthe factorsconsideredbytheCommitteeandwas used toevaluatethefirms,theCouncilshallselectthehighest-ranked qualifiedfirmor mustdocumentinthepublicrecordsthereasonfornotselecting thatfirm. Whereas,theVillageCouncilmay appointadesigneetonegotiatethecontractonits behalf. Whereas,the Village Council desires to provide for the committee’s composition, it’s authority and responsibilities, and for its compliance with applicable laws; and Whereas,inordertoinitiatetheauditorselectionprocess,theVillageCouncilmust firstappointtheCommitteetoperformthedutiessetforthabove. Whereas, the Village Council desire to provide for the sunset of the committee. NOW,THEREFORE, BEITORDAINEDBYTHEVILLAGECOUNCILOFTHE VILLAGEOFTEQUESTA,PALMBEACHCOUNTY,FLORIDA,ASFOLLOWS: Section1:The Village Council of the Village of Tequesta, Florida, hereby provides for the “Audit Committee”. The Audit Committee shall be comprised of the Village’s Finance Director (Chris Quirk), the Assistant Village Attorney (Mitty Bernard), and the Village’s Deputy Clerk (Mary Ann Grieser). Section 2:The Audit Committee shall hold publicly noticed meetings. Section 3:The Audit Committee shall automatically sunset and shall cease to operate and exist, with no further action of the Village Council, at which time it is contemplated that the Village Council has successfully negotiated and signed a contract with an Audit Firm. Section 2:This Resolution shall take effect immediately upon adoption. 2 RESOLUTION NO. 15-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE ESTABLISHMENT OF AN AUDIT COMMITTEE TO ASSIST THE COUNCIL IN THE SELECTION OF AN AUDITOR TO CONDUCT THE STATE MANDATED ANNUAL FINANCIAL AUDIT. IN ACCORDANCE WITH SECTION 218.391, FLORIDA STATUTES, THE COMMITTEE SHALL PERFORM THE FOLLOWING ACTIVITI ES: (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 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 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. Whereas, the Council shall then select one of the firms recommended by the Committee using one of two methods: A. If compensation was not one of the factors considered by the Committee and was not used to evaluate the firms, the Council shall negotiate a contract with the top ranked firm. If it is unable to reach an agreement, it may move down the list. It may reopen negotiations with any of the top three firms, so long as it does 1 not negotiate with more than one firm at a time. OR B. If compensation was one of the factors considered by the Committee and was used to evaluate the firms, the Council shall select the highest -ranked qualified firm or must document in the public records the reason for not selecting that firm. Whereas, the Village Council may appoint a designee to negotiate the contract on its behalf. Whereas, the Village Council desires to provide for the committee's composition, it's authority and responsibilities, and for its compliance with applicable laws; and Whereas, in order to initiate the auditor selection process, the Village Council must first appoint the Committee to perform the duties set forth above. Whereas, the Village Council desire to provide for the sunset of the committee. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: The Village Council of the Village of Tequesta, Florida, hereby provides for the "Audit Committee". The Audit Committee shall be comprised of the Village's Finance Director (Chris Quirk), the Assistant Village Attorney (Mitty Bernard), and the Village's Deputy Clerk (Mary Ann Grieser). Section 2: The Audit Committee shall hold publicly noticed meetings. Section 3: The Audit Committee shall automatically sunset and shall cease to operate and exist, with no further action of the Village Council, at which time it is contemplated that the Village Council has successfully negotiated and signed a contract with an Audit Firm. Section 2: This Resolution shall take effect immediately upon adoption. Cry