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RESOLUTION 90-20205 RESOLUTION NUMBER 90-20205 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH DELOITTE & TOUCHE FOR THE FINANCIAL AND PROGRAMMATIC AUDIT OF MIAMI BEACH DEVELOPMENT CORPORATION'S (MBDC) CDBG FUNDED HOMEOWNERSHIP AND COMMERCIAL REVITALIZATION PROGRAMS BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, on September 28, 1990, the City received a letter from the U.S. Department of HUD in regard to "Section 104 (e) (1) performance monitoring on the CDBG program" , based on a review which occurred August 27-30, 1990; and WHEREAS, as a result of this monitoring visit, three (3) Findings were made by HUD regarding the Miami Beach Development Corporation; and WHEREAS, the City in accordance with HUD' s directive properly responded with "corrective actions" for the above referenced Findings, which at this time remain unresolved; and WHEREAS, the City has determined that based on HUD' s Findings that it is appropriate to obtain an independent audit on the two (2) CDBG programs administered by MBDC in Program Year 15 (FY 89/90) ; and WHEREAS, the U.S. Department of HUD has verbally advised the City that financial liability for the City' s subrecipient MBDC rests with the City as the contractual agent of the US HUD CDBG funds; and WHEREAS, based on the above, the City' s auditors, Deloitte & Touche have prepared the attached Engagement Letter to perform this audit at a cost not to exceed $26, 000. CDBG funds are available for this contract, and the cost will be pro-rated against the line items of the two projects being audited. HUD has confirmed that this is an acceptable and appropriate expense and method of payment; and WHEREAS, it is essential that these audits be initiated immediately in order to ensure that there are no irregularities that could place the City and MBDC in a position of repaying any funds to the HUD program. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the City Manager be authorized to execute the Engagement Letter with Deloitte & Touche in an amount not to exceed $26, 000 for the audit of the two (2) CDBG programs that were administered by MBDC. Further, the cost for such audit will be pro-rated against the line items of the two (2) CDBG projects being audited. PASSED AND ADOPTED THIS 19th day of December , 19 0. MAYOR ATTEST: ittk•- a,GA—} ter M APPROVED CITY CLERK ' DEPT LE �,L By mmmi.f1_1 of ta0 • eal 71640a Ee,,,,A `PMo Fq,,,, FLORIDA 3 3 1 3 9 i*iINCORP ORATED *i "VA CA TIONL A NL) U. S. A. " '''''*---- 4",/ . CH 26 _-= __ OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 44940 December 19 , 1990 DATE: TO: Mayor Alex Daoud and Members of the City Commission FROM: Rob W. Parkins City Manager '" Jl SUBJECT: AUTHORIZATION TO ENTER INTO AGREEMENT WITH DELOITTE & TOUCHE FOR THE FINANCIAL AND PROGRAMMATIC AUDIT OF MIAMI BEACH CORPORATION'S (MBDC) CDBG FUNDED HOMEOWNERSHIP AND COMMERCIAL REVITALIZATION PROGRAM Asyou are aware, as a partof the follow-up to the U.S. HUD "Findings" regarding the Miami Beach Development Corporation, the City requires an independent audit of the CDBG funded programs implemented by the Miami Beach Development Corporation (MBDC) o After several meetings between the City Administration and representatives of MBDC, it was decided that an audit would be performed on the CDBG funded "Homeownership Program" and the "Commercial Revitalization Program" for the two (2) fiscal years which ended September 30, 1990. The U.S. Department of HUD has verbally advised the City that they feel these audits are important, as they advised us that financial liability for the City's Subrecipient (MBDC) rests with the City as the contractual agent of the HUD CDBG funds. Based on the above, the City's auditors, Deloitte & Touche have prepared the attached Engagement Letter to perform the audit. The cost for the audit is ' not to exceed $26, 000. CDBG funds are available for this contract, and the cost will be pro-rated against the line-item of the two projects being audited. (HUD has confirmed that this is an acceptable and appropriate expense and method of payment) . It is essential that these audits be initiated immediately in order to ensure that there are no irregularities that could place the City and MBDC in a position of re-paying any funds to the HUD program. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission authorize • the City Manager to execute the Engagement Letter with Deloitte Touche not to exceed $26, 000, for the audit of the two CDBG programs that were administered by MBDC. The costs will be pro- rated against the line-item of the two projects being audited. RWP/sg Attachments (Ii. FU NDI NG APPROVED r r t,f_, ' i f `. • , / l AGENDA Management and Budget ITEM C - ` O DATE 1 9 - 0 Deloitte & ) " 77 ^q-, Touche 132 } T ')! Certified Public'accountants 100 Southeast Second Street CiTYt1.4 LMiami, Florida 33131-2135 ` r Telephone:(305)358-4141 ri_ Facsimile:(305)358-1451 November 14 , 1990 Mr . Rob W. Parkins City Manager City Hall 1700 Convention Center Drive Miami Beach , Florida 33139 Dear Mr . Parkins : This letter is to confirm our engagement to perform the proce- dures requested by you and your staff, as described below , with respect to the City of Miami Beach ( the "City") Community Development Block Grants that are administered by Miami Beach Development Corporation ( "MBDC") : specifically the "Acquisi- tion Home Ownership Program" and the "Commercial Revitalization Program" ( the "Programs") . The procedures that we will perform for the two fiscal years ended September 30 , 1990 relating to the two Programs are summarized as follows : 1 . We will read the contract between the City and MBDC and the applicable Federal Regulations relating to the Programs . 2 . We will test , to the extent we deem necessary , the charges to the Programs to determine whether they are : a . allowable program costs as set forth in the U.S. Department of Housing and Urban Development Regulations regarding Community Development Block Grant Programs ; b . properly recorded and supported by source documenta- tion ; c . necessary and reasonable for the proper administration of the Programs ; d . given consistent accounting treatment and applied uniformly to both the Programs and other activities of MBDC ; e . net of applicable credits ; and f. allocated equitably to benefiting activities , including other projects of MBDC . Mr. Rob W. Parkins November 14 , 1990 Page Two 3 . Determine that MBDC is ensuring that individuals applying for grants meet the eligibility requirements of Federal Regulations . 4 . Perform additional tests to determine compliance with Federal Regulations as deemed necessary . 5 . In connection with the procedures enumerated above , we will communicate to you any deficiencies in the internal control structure that come to our attention . However , these limited procedures are not directed toward evaluating the internal control structure . Our report on the foregoing procedures is intended solely for your information in determining the amounts charged to the Programs were allowable and that MBDC complied with the terms of the contract with the City and with applicable Federal Regulations and is not intended to be used for any other purpose . Because the foregoing procedures are not sufficient to consti- tute an audit made in accordance with generally accepted auditing standards , we will not express an opinion on the amounts charged to the Programs or on the financial statements of MBDC . In addition , management of the MBDC is responsible for estab- lishing and maintaining the internal control structure suffi- cient to provide a reasonable , but not absolute , assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management ' s authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles . Because the above procedures do not constitute an audit in accordance with generally accepted auditing standards , we may not detect potential errors or irregularities that may be material to the financial statements . Also , audit procedures that are effective for detecting a misstatement that is unintentional may be ineffective for a misstatement that is intentional and is concealed through collusion between client personnel and third parties or among management or employees of the client . Our fees are based on the amount of time required at various levels of responsibility plus actual out-of-pocket expenses . Mr . Rob W. Parkins November 14 , 1990 Page Three Our services will be billed at a combined average rate of $65 per hour up to an estimated maximum of $26 ,000 . We will notify you immediately of any circumstances we encounter that will significantly affect our estimate . If the above terms are acceptable to you and the procedures outlined are in accordance with your understanding , please sign the copy of this letter in the space provided and return it to us . Yo rs truly , 214.:‘,tk Ito, /0.1.4„dtdc___ DELOITTE & TOUCHE IP Approv=d for City o Mi• . Beach : i Id... -11.-___a FORM APPROVED By; bi..�r � 7 LEGAL SEPT. Title : ity Manager By &10,...-4—.4.)„ , cgotr...___ Date /Z/�/9,- Date: January 8, 1991 ORIGINAL RESOLUTION NO. 90-20205 Authorizing and directing the execution of an agreement with Deloitte & Touche for the financial and programmatic audit of Miami Beach Development Corporation's (MBDC) CDBG funded homeownership and commercial revitalization programs.