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Amendment No. 1 to PSA Crowe Horwath, LLP &e6/12- 02012 2-'7 9 2--7 l AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CROWE HORWATH LLP, DATED JULY 25,2012 FOR PHASE II SERVICES RELATED TO AUDITING THE PROCESSEESS OF CERTAIN REGULATORY DEPARTMENTS OR DIVISIONS This Amendment No. 1 to the Agreement made and entered this 041day of (� ,2012, by and between the City of Miami Beach,a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and CROWE HORWATH LLP., an Indiana Limited Liability Partnership, whose address is 401 E Las Olas Blvd. Suite 1100, Ft. Lauderdale, Florida 33301(hereinafter referred to as Consultant). RECITALS WHEREAS,the Mayor and City Commission adopted Resolution No.2012-27927 on June 6, 2012, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Consultant for Professional Services for Services Related to Auditing the Processes of Certain Regulatory Departments or divisions (the Agreement); and WHEREAS, the Agreement provides for a Phase I and Phase II scope of services; and WHEREAS,the City and Consultant proceeded with Phase I services(audit planning),in the amount of$23,000, and now wish to proceed with Phase ll; and WHEREAS, Section 2.1 of said Agreement states that the scope of services for Phase II of the Project Plan will be negotiated during Phase I and, if the parties agree to proceed with Phase II, it shall be done as an amendment to the Agreement. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 1. 2. MODIFICATIONS The Agreement is amended to include the scope of services for Phase II, which services (including the fee and timeline(s), for such services, are attached and incorporated as, respectively, Schedules"A-1", "A-2", and "A-3"to this Agreement. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and Consultant ratify the terms of the Agreement,as amended by this Amendment No. 1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH G Z By y , City Clerk, . a r Rafael Granado Mattie Herrera Bower ATTEST: CONSULTANT: CROWE HORWATH LLP IWO By ' � � TITLE: �,-- h� ITLE: o ^--� . .� rint Name Print Name INCORP ORATED' 2 APPROVED AS TO FORM& LANGUAGE &FOR EXECUTION City Attom Clate F:\PURC\$ALL\Maria\Contracts\Crowe Horwah LLP\Amendment\Amendment Boiler Plate-September 2012.doc EXHIBIT A-1 CITY OF MIAMI BEACH PHASE II SCOPE OF SERVICES FOR PROFESSIONAL SERVICES AGREEMENT SERVICES RELATED TO AUDITING THE PROCESSEESS OF CERTAIN REGULATORY DEPARTMENTS OR DIVISIONS The purpose of this project plan is to detail the specific tasks and procedures that will be taken as part of Phase II— Fieldwork and Reporting of our engagement with the City. The main objectives of phase 2 are: • For processes that have been given priority(are within scope),gather information and document the current state of processes using a standard format that uses process maps(diagrams)and narrative descriptions. • For each process, identify and document control deficiencies and potential improvement opportunities. Perform verification steps to ensure current processes and control deficiencies are properly understood and documented. • Identify best practices, where available, and review applicability to the City. • Perform analysis of alternative process improvement approaches and create recommendations based on the analysis. Document recommendations and perform review steps to ensure there is common agreement that the recommendation adequately addresses the deficiency. Though, we envision utilizing our standard operational and performance audit approach, as outlined in our presentation to the City,that approach was designed to be fluid so that changes can be made to meet the specific needs and goals of the City. Our plan for Phase II is provided below: Phase II - Fieldwork Adequate planning, proper supervision and efficient execution are the keys to an effective audit process. We will issue a status report at the end of each week for the duration of fieldwork that will provide stakeholders with information into key upcoming milestones and if we are on schedule with those milestones, project accomplishments, issues, risks and the next steps of our audit. We have provided below a brief outline of procedures that are common in operational audits. Process and Internal Control Audit Approach Our process and internal control audit approach is flexible to match our clients' different environments. This ensures we will deliver a solution which meets the needs of management and the requirements of the AICPA and GAGAS, as well as maximizes efficiency in getting there. Crowe's internal control assessment is built upon the COSO (Committee of Sponsoring Organizations of the Treadway Commission) framework for internal controls. Figure 1 -COSO Internal Control Model N AND COMILINICATION t •O CONTROL RISK ASSESSMENT •O I Utilizing the COSO model will allow us to analyze and test each areas you have requested using a method and criteria that is deemed the industry standard. Process Interviews and walkthroughs Our first task for Phase II is to conduct detailed process interviews with all City staff involved in the process being analyzed. In addition,we would perform walkthroughs of each process to observe the process as it occurs. These interviews will be comprehensive in nature and will incorporate as many staff involved in the process as possible to get input on the process from as many employees as feasible. We will analyze the information communicated to us and compare to the other interviews for this process and to the walkthroughs to ensure a consistent process is being communicated. We will note any inconsistencies between the interviews and between our interviews and our walkthrough. During the interviews, we will request additional information related to the current processes as deemed necessary. Documentation Analysis In order to enhance our understanding of the current processes and internal controls of the processes under audit, we will analyze the documentation collected at the entrance conference as well as in the interviews and walkthroughs. Written policies and procedures (if any) will be reviewed during this task along with any forms, checklists, etc... utilized by staff to assist with the process. These documents will be analyzed for proper controls and compared to the information provided during our interviews and our walkthroughs to determine any differences between the documented process and the actual process being performed. The documentation obtained will also be compared to industry best practice. Based upon the results of our documentation analysis, we may require limited follow-up interviews to verify information compiled during the documentation analysis stage of the project. Document the Process Once we have completed our interviews and reviewed any process documentation, we will draft a high level process flowchart of each process. This flowchart will include any significant controls that exist in the process.We envision using Microsoft Visio to complete the process flowcharts. Process and Control Assessment We will summarize our assessment of the current controls and processes of the functions under audit. This will include an identification of the major functions, job responsibilities, and existing internal controls for each of the areas under analysis. During this section, we will also assess the procedures that exist for each function under audit and if these procedures appear to be followed. Based on this assessment,we will identify any process gaps and control weaknesses. In addition, we will identify any repetitive processes or controls that could be leading to inefficiencies. Develop Findings and Recommendations Findings will be developed and written using the standard reporting criteria included in Government Auditing Standards. One of the critical steps to ensuring that Miami Beach receives high quality reports is to verify the facts of all findings that will be presented in our reports. Therefore, before any findings are drafted, we will ensure that the facts surrounding the process or control are understood and agreed upon by us and the City. Reporting Draft Report and Exit Conference We will develop and issue a draft report to Miami Beach for review. We will then plan to conduct an exit conference with Miami Beach. At this meeting will walk through our conclusions, internal control assessment and recommendations to (again) confirm the facts underlying any potential findings. Final Report' - F Based on comments fromlthe;Exit Conference and Miami Beach's management revieWof tt e:draft report,we will revise and finalize the g ; report.We envision our report to include the fol.lowin sections,but:•ace flexible to modify this :� • 'ti 's needs:-. . -structure to meet the Miami-Beach , _ • Executive Summary • Background • Objective, Scope and Methodology • Findings and Recommendations I _ C N . N N O. N . O � C $. T j i 4 L i r N N C O O C N N N �o • c E t d IL k ° w l J _ N w I w o, m � _ w X V I o w w IL x w U- ai U C m a • O U U o N • ( ' N O_ N m C N N �� O m C N L tfj L C Q 3 C N V C d O JC N O v _O N C � H O V! m c y E N r o o ` � o o N c a c o 3 m U c J it m U o m m y u? w v ° .z m m e m c V :: U N O N N a w v r C N C y O d N N E E N _O d C T IE .� N ._ N N 7 7 N N j M y O " N a o o T a t W ii O O t a ❑ ❑ a ❑ 0 4 t tv a a a 0 0 IL a a z EXHIBIT A-3 1. ADDITIONAL SCOPE OF SERVICES Scope as set forth in Exhibit A-1 2. PAYMENT AND COMPENSATION The scope of services described in this amendment shall be performed for a not-to-exceed amount of $127,000. Invoicing shall be as referenced in the original agreement. Compensation Original Agreement $23,000 Amendment No. 1 $127,000 Total Revised Agreement $1509000 Table 1 Estimated Cost: Process Estimate Range Originally Proposed: Fire Prevention Division Inspections (night) $ 15,000 Permitting (new construction) 12,000 Code Compliance Division Complaints 12,000 Inspections 15,000 Violations/fines 14,000 Parking Enforcement Division Ticketing 10,000 Tows 12,000 Valet 10,000 Public Works Department Permitting 12,000 Planning Department Permitting 12,000 Concurrency/Impact fees 14,000 Special Master Process 14,000 Total Original Fees-Phase 11 $ 152,000 Discount on Originally Proposed Processes (25,000) Total Original Fees-After Discount $ 127,000