7·1·::: ' ' , /' 4,., ,, 'i - broward county, florida fl 33324 . re: second...
TRANSCRIPT
Danie l J Stermer Mayor
Angel M Gomez Co111111issio11er
Toby Feuer Co111111issio11er
Jim Norton Co111111issio11er
Thomas M Kallman Co111111issio11er
John R Flint City Ma11agedCEO
4 March 20 15 7middot1middot _ 4 _ I
ff middot I []
John W Scott Inspector Genera l Broward O ffice of the Inspector General One North Univers ity Drive Suite 111 Plantation FL 33324
Re Second Status Report - OIG Final Report Re Employee and Vendor Misconduct and Gross Mismanagement by the City of Weston Ref No OIG 13-014
Dear Mr Sco tt
On September 5 2014 the Office of the Inspector General (the OIC) issued the final report on the above referenced matter (the Report) In the Report the O IC requests that it be provided w ith a status report by December 5 201 4 regarding the City of Westons (the City) actions in response to the Report and the status of the Citys lawsuit against Varney and Sons Tree Expert Co In c (Varney) including any recovery of overbilled amounts and damages The City provided the Status Report to the OIC on December 2 20 14
The purpose of this correspondence is to provide the O IC with a Second Status Report Although this Second Status Report was not requested by the O IC the City wishes to keep the O IC apprised of its actions as they relate to the issues raised by the O IC in the Report that remained outstanding at the time the City provided the Status Report to the O IG on December 2 20 14 The latest updates are balded and noted as Update 2
CITYS RESPONSE TO OIGS RECOMMENDATIONS
1 O IG Recommendation Assess the responsibi lity and integrity of Varney amp Sons for continued performance of current contracts and eligibility for future City contracts
Citys Response The City Commission at its first meeting afler receipt of the O IC Report voted unanimously to terminale the Citys contract with Varney The contract was terminated on August 18 2014
2 O IG Recommendation In accordance w ith the Citys current contract w ith Varney amp Sons w ithhold al l pending payments and any payments that may come due for additional work unti l such time as the City determines that is has been made whole
1The Nation Smiddot Premier M1111ic1xtl Corporalio11 5~
17200 Roya l Palm Boulevard bull Weston Florida 33326 bull Phone 954-385-2000 bull Fax 954-385-20 I 0 bull wwwweston norg
John W Scott 4 March 20 15 Page 2 of 7
Citys Response The City Commission unanimously directed the suspension of all pending and future payments to Varney The City initia lly withheld $42509 18 in pending invoices Subsequently additional invoices were identified and the amount being w ithheld rose to $61792 48 The City and Varney entered into a settlement agreement providing for the City to reta in the w ithheld $6 179248 as a credit w ith no further payments due to Varney
3 O IG Recommendation Evaluate potential lega l action
Citys Response The City Commission unanimously authorized and d irected the City Attorney to file a lawsuit against Varney to recover all overbilled amounts and seek damages The City filed the lawsuit against Varney in Broward County Circuit Court on A ugust 19 20 14 Case No CACE-14-01 6202 The lawsuit resulted in a favorable settlement for the City as further detailed below
4 O IG Recommendation Establish w ritten procedures for placing orders for landscaping work and tracking the frequency of tree trimming This information can be util ized by the Ci ty in the future to negotiate contracts for only those services it requires and to save additional costs
Citys Response The City is imp lementing a new Work Order and Asset M anagement Software to better document and track contractor assignments and work performed O n December 1 2014 the City Commission awarded a contract for the Work Order and Asset Management Software The system w ill operale as fo llows
bull Origination Work order (WO) created by Cily of Weston
Department (CO WD)
bull Scheduling COWD ass igns WO to on-sile Contractor personnel
or external Contractor
bull Execution Work completed by Contractor and work deta ils
inp utted on WO by Contractor
bull Review COWD inspects work for qua lity and completeness
bull Closing Work status changed to completed and cleared for
invoicing Invoice linked to WO
John W Sco tt 4 March 2015 Page 3 of 7
The system is scheduled to be implemented in the first quarter of
201 5 and operational by the end of the second quarter of 2015
Update 2 The project is in the system design and configuration stage of implementation
5 O IG Recommendation Establ ish a procedure for the verification of completed landscaping work that includes documentation that can be reviewed by City management Verification should make use of the ex isting Tree Plan as one resou rce to identify potential fraud The City should maintain documentation that would permit City management to verify that the employees are executing their responsibi l ities
Citys Response Until the implementation of the new Work Order and Asset Management Software in the coming months City management is assigning work in writing andor meeting with the contractors on site monitoring the progress o f the work inspecting the work upon completion and assuring that the work invoiced by the contractor matches the work completed for the scheduled units and costs The Tree Inventory is one resource to manage the Citys urban forest and whose primary purpose is to giw an ovPrviPw of the urban forest however it is not in tended to replace physica l monitoring inspection of work and compliance with work orders and contracts
6 O IG Recommendation Consider whether payment by unit pri ces based on tree diameters for arboricu ltura l services is appropriate and cost effective given the Citys demonstrated inabil ity to mon itor such contracts
Citys Response City management has determined that unit pric ing based on diameter breast height is like ly not the most efficient and effective method for pricing arboricultural services The City is preparing a new Request for Proposa ls for Arboricultural Serv ices The RFP will provide for pricing based on an hourly rate Work will be assigned v ia the Citys new Work O rder and Asset Management Softwa re and each work order w ill be negotiated with the contractor to establish the number of hours for the work assigned The contractor and the work will be monitored by 1he Citys landscape staff For interim arboricultural services the City obtained written proposals for hourly work from three contractors Initially the City had sufficient work to use all three contractors upon completion of that work the City has sufficient work for one contracto r and the City is using the contractor with the lowest cost
John W Scott 4 March 2015 Page 4 of 7
Update 2 On March 2 2015 the City Commission approved and awarded an agreement resulting from a publically noticed and competitive Request for Proposals to All Florida Tree and Landscape Inc of Coral Springs FL The agreement provides for pricing based on hourly rates
ADDITIONAL CITY ACTIONS
7 Employee Disclosure Forms - Selection CommiUee Participation
On November 17 2014 the City Comm ission amended Chapter 32 Acquisition of Goods and Services and Disposal of City Property of the Citys Code of Ordinances to require each Selection Committee member and the technical advisor to complete and execute an independence affidavit The City Manager will review the independence affidavits to ensure that no conflicts of in terest exist
Update 2 This procedure has been in place and in use since the amendment to the City Code
8 Improved Identification System for Verifying Tree Trimming Work Performed
Since February 2014 the City has been utilizing street light pole numbers for a more precise reference for work identification and verification p urposes as opposed to the Citys former method of using street names for location references Further the new Work Order and Asset Management Softwa re coupled with the new pricing methodo logy w ill add to improved identification for verification o f tree trimming work performed
9 Ethics Training
O n August 27 20 14 the City provided eth ics training for all City employees and designated Weston assigned contractor personnel The training session was attended by all nine City employees as well as 82 employees from its primary service providers City management will now make ethics training for all City employees and des ignated Weston assigned contractor personnel an annual event as well as providing ethics training for newly hired individuals w ithin 60 days of hire
John W Scott 4 March 20 15 Page 5 o f 7
7 0 Revised Administrative Policies fo r City Employees and Service Providers
Section 4 13 of the Citys Administrative Polic ies for Serv ice Providers and Section 327 of the Employment and Benefit Policies fo r City Employees now explicitly prohibits employees and contracted designated supervisor personnel respective ly from maintaining improper personaloutside business relationships w ith firms they are responsible for monitoring on behalf of the City
11 Periodic Review of Procurement Code for Enhancements
The City periodically reviews its Procurement Code for potential modifications and improvements that foster more transparency and competition See Item No 7 above as an example
12 Current Internal Review of all Landscaping Contracts
The City is currently preparing a new Request for Proposals for Comprehensive Parks Maintenance which will provide for separate pricing in the following five venues Regional Park Tequesta Trace Park Vista Park Small Parks Turf Crass and Small Parks Non-turf Crass This new RFP will enable the City to imp lement better measurement methods for the cost of work enhance performance verification utilizing the new Work Order and Asset Management Software and promote increased participation and competition by segmenting the work
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 81 2015 and proposals are due on March 17 2015 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 201 S
13 Termination of Creensource Contracts and New Procurement fo r C ity Parks Landscaping and Maintenance
On September 15 20 14 the City Commiss ion authorized the issuance of a Request for Proposals for landscaping and maintenance of the Citys parks (see Item No 12 above) and authorized the City Manager to terminate the existing contracts with Creensource upon the effective date of the new contracts resulting from the RFP
John W Scott 4 March 201 5 Page 6 o f 7
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 8 2015 and proposals are due on March 17 2015
14 Implementing Annual Employee Independence Affidavits
The City has developed an Annual Fiscal Year Audit D isclosure for City Employees to be filed by each City employee by March 1 o f each year The disclosure form tracks the language in the form that is used by the Citys independent auditor for execution by the City Manager and Chief Financial Officer
Update 2 On November 24 2014 the Citys independent auditor Keefe McCullough amp Co LLP requested and subsequently received from each City employee such an affidavit
15 Training on Fraud Discovery and Prevention
On August 20 2014 the Citys Assistant City M anagerChief Operating O fficer attended a seminar held by the Associa tion of Certified Fraud Examiners (A CFE) on Investigating Conflicts of Interests amp Procurement Fraud He took detailed notes at the seminar and shared this valuable information with City staff upon his return The City is committed to continued training and education for City management
ADDITIONAL CITY ACTIONS
16 The Ci ty will prepare a new Request fo r Proposa ls for grounds maintenance to include rights-of-wa ys and facilities upon completion of the RFPs for Comprehensive Parks Maintenance and for A rboricultura l Services
Update 2 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 2015
John W Scott 4 March 2015 Page 7 of 7
CITY OF WESTON VS VARNEY AND SONS INC
O n December 1 20 14 the City Commission approved a settlement with Varney providing for $2 11 79248 settlement in favor of the City Under the Settlement Agreement Varney is requ ired to pay the City $150000 with in 30 days of the executed Settlement Agreement and the City reta ins $6 179248 as a credit against the outstanding Varney invoices w ith no further payments due to Va rney
Update 2 The City received the settlement payment in the amount of $ 150 000 from Varney on December 10 2014 This matter is now concluded
The City appreciates the O IGs ongoing interest in the Ci tys improvements and enhancements of its internal controls and will continue to keep the OG apprised of the Citys progress until all items are concluded
Sin cerely
THE CITY OF W ESTON
John R Flint City ManagerCEO
C Honorable Mayor and City Commissioners Jamie Alan Cole City Attorney
59996v1
John W Scott 4 March 20 15 Page 2 of 7
Citys Response The City Commission unanimously directed the suspension of all pending and future payments to Varney The City initia lly withheld $42509 18 in pending invoices Subsequently additional invoices were identified and the amount being w ithheld rose to $61792 48 The City and Varney entered into a settlement agreement providing for the City to reta in the w ithheld $6 179248 as a credit w ith no further payments due to Varney
3 O IG Recommendation Evaluate potential lega l action
Citys Response The City Commission unanimously authorized and d irected the City Attorney to file a lawsuit against Varney to recover all overbilled amounts and seek damages The City filed the lawsuit against Varney in Broward County Circuit Court on A ugust 19 20 14 Case No CACE-14-01 6202 The lawsuit resulted in a favorable settlement for the City as further detailed below
4 O IG Recommendation Establish w ritten procedures for placing orders for landscaping work and tracking the frequency of tree trimming This information can be util ized by the Ci ty in the future to negotiate contracts for only those services it requires and to save additional costs
Citys Response The City is imp lementing a new Work Order and Asset M anagement Software to better document and track contractor assignments and work performed O n December 1 2014 the City Commission awarded a contract for the Work Order and Asset Management Software The system w ill operale as fo llows
bull Origination Work order (WO) created by Cily of Weston
Department (CO WD)
bull Scheduling COWD ass igns WO to on-sile Contractor personnel
or external Contractor
bull Execution Work completed by Contractor and work deta ils
inp utted on WO by Contractor
bull Review COWD inspects work for qua lity and completeness
bull Closing Work status changed to completed and cleared for
invoicing Invoice linked to WO
John W Sco tt 4 March 2015 Page 3 of 7
The system is scheduled to be implemented in the first quarter of
201 5 and operational by the end of the second quarter of 2015
Update 2 The project is in the system design and configuration stage of implementation
5 O IG Recommendation Establ ish a procedure for the verification of completed landscaping work that includes documentation that can be reviewed by City management Verification should make use of the ex isting Tree Plan as one resou rce to identify potential fraud The City should maintain documentation that would permit City management to verify that the employees are executing their responsibi l ities
Citys Response Until the implementation of the new Work Order and Asset Management Software in the coming months City management is assigning work in writing andor meeting with the contractors on site monitoring the progress o f the work inspecting the work upon completion and assuring that the work invoiced by the contractor matches the work completed for the scheduled units and costs The Tree Inventory is one resource to manage the Citys urban forest and whose primary purpose is to giw an ovPrviPw of the urban forest however it is not in tended to replace physica l monitoring inspection of work and compliance with work orders and contracts
6 O IG Recommendation Consider whether payment by unit pri ces based on tree diameters for arboricu ltura l services is appropriate and cost effective given the Citys demonstrated inabil ity to mon itor such contracts
Citys Response City management has determined that unit pric ing based on diameter breast height is like ly not the most efficient and effective method for pricing arboricultural services The City is preparing a new Request for Proposa ls for Arboricultural Serv ices The RFP will provide for pricing based on an hourly rate Work will be assigned v ia the Citys new Work O rder and Asset Management Softwa re and each work order w ill be negotiated with the contractor to establish the number of hours for the work assigned The contractor and the work will be monitored by 1he Citys landscape staff For interim arboricultural services the City obtained written proposals for hourly work from three contractors Initially the City had sufficient work to use all three contractors upon completion of that work the City has sufficient work for one contracto r and the City is using the contractor with the lowest cost
John W Scott 4 March 2015 Page 4 of 7
Update 2 On March 2 2015 the City Commission approved and awarded an agreement resulting from a publically noticed and competitive Request for Proposals to All Florida Tree and Landscape Inc of Coral Springs FL The agreement provides for pricing based on hourly rates
ADDITIONAL CITY ACTIONS
7 Employee Disclosure Forms - Selection CommiUee Participation
On November 17 2014 the City Comm ission amended Chapter 32 Acquisition of Goods and Services and Disposal of City Property of the Citys Code of Ordinances to require each Selection Committee member and the technical advisor to complete and execute an independence affidavit The City Manager will review the independence affidavits to ensure that no conflicts of in terest exist
Update 2 This procedure has been in place and in use since the amendment to the City Code
8 Improved Identification System for Verifying Tree Trimming Work Performed
Since February 2014 the City has been utilizing street light pole numbers for a more precise reference for work identification and verification p urposes as opposed to the Citys former method of using street names for location references Further the new Work Order and Asset Management Softwa re coupled with the new pricing methodo logy w ill add to improved identification for verification o f tree trimming work performed
9 Ethics Training
O n August 27 20 14 the City provided eth ics training for all City employees and designated Weston assigned contractor personnel The training session was attended by all nine City employees as well as 82 employees from its primary service providers City management will now make ethics training for all City employees and des ignated Weston assigned contractor personnel an annual event as well as providing ethics training for newly hired individuals w ithin 60 days of hire
John W Scott 4 March 20 15 Page 5 o f 7
7 0 Revised Administrative Policies fo r City Employees and Service Providers
Section 4 13 of the Citys Administrative Polic ies for Serv ice Providers and Section 327 of the Employment and Benefit Policies fo r City Employees now explicitly prohibits employees and contracted designated supervisor personnel respective ly from maintaining improper personaloutside business relationships w ith firms they are responsible for monitoring on behalf of the City
11 Periodic Review of Procurement Code for Enhancements
The City periodically reviews its Procurement Code for potential modifications and improvements that foster more transparency and competition See Item No 7 above as an example
12 Current Internal Review of all Landscaping Contracts
The City is currently preparing a new Request for Proposals for Comprehensive Parks Maintenance which will provide for separate pricing in the following five venues Regional Park Tequesta Trace Park Vista Park Small Parks Turf Crass and Small Parks Non-turf Crass This new RFP will enable the City to imp lement better measurement methods for the cost of work enhance performance verification utilizing the new Work Order and Asset Management Software and promote increased participation and competition by segmenting the work
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 81 2015 and proposals are due on March 17 2015 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 201 S
13 Termination of Creensource Contracts and New Procurement fo r C ity Parks Landscaping and Maintenance
On September 15 20 14 the City Commiss ion authorized the issuance of a Request for Proposals for landscaping and maintenance of the Citys parks (see Item No 12 above) and authorized the City Manager to terminate the existing contracts with Creensource upon the effective date of the new contracts resulting from the RFP
John W Scott 4 March 201 5 Page 6 o f 7
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 8 2015 and proposals are due on March 17 2015
14 Implementing Annual Employee Independence Affidavits
The City has developed an Annual Fiscal Year Audit D isclosure for City Employees to be filed by each City employee by March 1 o f each year The disclosure form tracks the language in the form that is used by the Citys independent auditor for execution by the City Manager and Chief Financial Officer
Update 2 On November 24 2014 the Citys independent auditor Keefe McCullough amp Co LLP requested and subsequently received from each City employee such an affidavit
15 Training on Fraud Discovery and Prevention
On August 20 2014 the Citys Assistant City M anagerChief Operating O fficer attended a seminar held by the Associa tion of Certified Fraud Examiners (A CFE) on Investigating Conflicts of Interests amp Procurement Fraud He took detailed notes at the seminar and shared this valuable information with City staff upon his return The City is committed to continued training and education for City management
ADDITIONAL CITY ACTIONS
16 The Ci ty will prepare a new Request fo r Proposa ls for grounds maintenance to include rights-of-wa ys and facilities upon completion of the RFPs for Comprehensive Parks Maintenance and for A rboricultura l Services
Update 2 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 2015
John W Scott 4 March 2015 Page 7 of 7
CITY OF WESTON VS VARNEY AND SONS INC
O n December 1 20 14 the City Commission approved a settlement with Varney providing for $2 11 79248 settlement in favor of the City Under the Settlement Agreement Varney is requ ired to pay the City $150000 with in 30 days of the executed Settlement Agreement and the City reta ins $6 179248 as a credit against the outstanding Varney invoices w ith no further payments due to Va rney
Update 2 The City received the settlement payment in the amount of $ 150 000 from Varney on December 10 2014 This matter is now concluded
The City appreciates the O IGs ongoing interest in the Ci tys improvements and enhancements of its internal controls and will continue to keep the OG apprised of the Citys progress until all items are concluded
Sin cerely
THE CITY OF W ESTON
John R Flint City ManagerCEO
C Honorable Mayor and City Commissioners Jamie Alan Cole City Attorney
59996v1
John W Sco tt 4 March 2015 Page 3 of 7
The system is scheduled to be implemented in the first quarter of
201 5 and operational by the end of the second quarter of 2015
Update 2 The project is in the system design and configuration stage of implementation
5 O IG Recommendation Establ ish a procedure for the verification of completed landscaping work that includes documentation that can be reviewed by City management Verification should make use of the ex isting Tree Plan as one resou rce to identify potential fraud The City should maintain documentation that would permit City management to verify that the employees are executing their responsibi l ities
Citys Response Until the implementation of the new Work Order and Asset Management Software in the coming months City management is assigning work in writing andor meeting with the contractors on site monitoring the progress o f the work inspecting the work upon completion and assuring that the work invoiced by the contractor matches the work completed for the scheduled units and costs The Tree Inventory is one resource to manage the Citys urban forest and whose primary purpose is to giw an ovPrviPw of the urban forest however it is not in tended to replace physica l monitoring inspection of work and compliance with work orders and contracts
6 O IG Recommendation Consider whether payment by unit pri ces based on tree diameters for arboricu ltura l services is appropriate and cost effective given the Citys demonstrated inabil ity to mon itor such contracts
Citys Response City management has determined that unit pric ing based on diameter breast height is like ly not the most efficient and effective method for pricing arboricultural services The City is preparing a new Request for Proposa ls for Arboricultural Serv ices The RFP will provide for pricing based on an hourly rate Work will be assigned v ia the Citys new Work O rder and Asset Management Softwa re and each work order w ill be negotiated with the contractor to establish the number of hours for the work assigned The contractor and the work will be monitored by 1he Citys landscape staff For interim arboricultural services the City obtained written proposals for hourly work from three contractors Initially the City had sufficient work to use all three contractors upon completion of that work the City has sufficient work for one contracto r and the City is using the contractor with the lowest cost
John W Scott 4 March 2015 Page 4 of 7
Update 2 On March 2 2015 the City Commission approved and awarded an agreement resulting from a publically noticed and competitive Request for Proposals to All Florida Tree and Landscape Inc of Coral Springs FL The agreement provides for pricing based on hourly rates
ADDITIONAL CITY ACTIONS
7 Employee Disclosure Forms - Selection CommiUee Participation
On November 17 2014 the City Comm ission amended Chapter 32 Acquisition of Goods and Services and Disposal of City Property of the Citys Code of Ordinances to require each Selection Committee member and the technical advisor to complete and execute an independence affidavit The City Manager will review the independence affidavits to ensure that no conflicts of in terest exist
Update 2 This procedure has been in place and in use since the amendment to the City Code
8 Improved Identification System for Verifying Tree Trimming Work Performed
Since February 2014 the City has been utilizing street light pole numbers for a more precise reference for work identification and verification p urposes as opposed to the Citys former method of using street names for location references Further the new Work Order and Asset Management Softwa re coupled with the new pricing methodo logy w ill add to improved identification for verification o f tree trimming work performed
9 Ethics Training
O n August 27 20 14 the City provided eth ics training for all City employees and designated Weston assigned contractor personnel The training session was attended by all nine City employees as well as 82 employees from its primary service providers City management will now make ethics training for all City employees and des ignated Weston assigned contractor personnel an annual event as well as providing ethics training for newly hired individuals w ithin 60 days of hire
John W Scott 4 March 20 15 Page 5 o f 7
7 0 Revised Administrative Policies fo r City Employees and Service Providers
Section 4 13 of the Citys Administrative Polic ies for Serv ice Providers and Section 327 of the Employment and Benefit Policies fo r City Employees now explicitly prohibits employees and contracted designated supervisor personnel respective ly from maintaining improper personaloutside business relationships w ith firms they are responsible for monitoring on behalf of the City
11 Periodic Review of Procurement Code for Enhancements
The City periodically reviews its Procurement Code for potential modifications and improvements that foster more transparency and competition See Item No 7 above as an example
12 Current Internal Review of all Landscaping Contracts
The City is currently preparing a new Request for Proposals for Comprehensive Parks Maintenance which will provide for separate pricing in the following five venues Regional Park Tequesta Trace Park Vista Park Small Parks Turf Crass and Small Parks Non-turf Crass This new RFP will enable the City to imp lement better measurement methods for the cost of work enhance performance verification utilizing the new Work Order and Asset Management Software and promote increased participation and competition by segmenting the work
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 81 2015 and proposals are due on March 17 2015 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 201 S
13 Termination of Creensource Contracts and New Procurement fo r C ity Parks Landscaping and Maintenance
On September 15 20 14 the City Commiss ion authorized the issuance of a Request for Proposals for landscaping and maintenance of the Citys parks (see Item No 12 above) and authorized the City Manager to terminate the existing contracts with Creensource upon the effective date of the new contracts resulting from the RFP
John W Scott 4 March 201 5 Page 6 o f 7
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 8 2015 and proposals are due on March 17 2015
14 Implementing Annual Employee Independence Affidavits
The City has developed an Annual Fiscal Year Audit D isclosure for City Employees to be filed by each City employee by March 1 o f each year The disclosure form tracks the language in the form that is used by the Citys independent auditor for execution by the City Manager and Chief Financial Officer
Update 2 On November 24 2014 the Citys independent auditor Keefe McCullough amp Co LLP requested and subsequently received from each City employee such an affidavit
15 Training on Fraud Discovery and Prevention
On August 20 2014 the Citys Assistant City M anagerChief Operating O fficer attended a seminar held by the Associa tion of Certified Fraud Examiners (A CFE) on Investigating Conflicts of Interests amp Procurement Fraud He took detailed notes at the seminar and shared this valuable information with City staff upon his return The City is committed to continued training and education for City management
ADDITIONAL CITY ACTIONS
16 The Ci ty will prepare a new Request fo r Proposa ls for grounds maintenance to include rights-of-wa ys and facilities upon completion of the RFPs for Comprehensive Parks Maintenance and for A rboricultura l Services
Update 2 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 2015
John W Scott 4 March 2015 Page 7 of 7
CITY OF WESTON VS VARNEY AND SONS INC
O n December 1 20 14 the City Commission approved a settlement with Varney providing for $2 11 79248 settlement in favor of the City Under the Settlement Agreement Varney is requ ired to pay the City $150000 with in 30 days of the executed Settlement Agreement and the City reta ins $6 179248 as a credit against the outstanding Varney invoices w ith no further payments due to Va rney
Update 2 The City received the settlement payment in the amount of $ 150 000 from Varney on December 10 2014 This matter is now concluded
The City appreciates the O IGs ongoing interest in the Ci tys improvements and enhancements of its internal controls and will continue to keep the OG apprised of the Citys progress until all items are concluded
Sin cerely
THE CITY OF W ESTON
John R Flint City ManagerCEO
C Honorable Mayor and City Commissioners Jamie Alan Cole City Attorney
59996v1
John W Scott 4 March 2015 Page 4 of 7
Update 2 On March 2 2015 the City Commission approved and awarded an agreement resulting from a publically noticed and competitive Request for Proposals to All Florida Tree and Landscape Inc of Coral Springs FL The agreement provides for pricing based on hourly rates
ADDITIONAL CITY ACTIONS
7 Employee Disclosure Forms - Selection CommiUee Participation
On November 17 2014 the City Comm ission amended Chapter 32 Acquisition of Goods and Services and Disposal of City Property of the Citys Code of Ordinances to require each Selection Committee member and the technical advisor to complete and execute an independence affidavit The City Manager will review the independence affidavits to ensure that no conflicts of in terest exist
Update 2 This procedure has been in place and in use since the amendment to the City Code
8 Improved Identification System for Verifying Tree Trimming Work Performed
Since February 2014 the City has been utilizing street light pole numbers for a more precise reference for work identification and verification p urposes as opposed to the Citys former method of using street names for location references Further the new Work Order and Asset Management Softwa re coupled with the new pricing methodo logy w ill add to improved identification for verification o f tree trimming work performed
9 Ethics Training
O n August 27 20 14 the City provided eth ics training for all City employees and designated Weston assigned contractor personnel The training session was attended by all nine City employees as well as 82 employees from its primary service providers City management will now make ethics training for all City employees and des ignated Weston assigned contractor personnel an annual event as well as providing ethics training for newly hired individuals w ithin 60 days of hire
John W Scott 4 March 20 15 Page 5 o f 7
7 0 Revised Administrative Policies fo r City Employees and Service Providers
Section 4 13 of the Citys Administrative Polic ies for Serv ice Providers and Section 327 of the Employment and Benefit Policies fo r City Employees now explicitly prohibits employees and contracted designated supervisor personnel respective ly from maintaining improper personaloutside business relationships w ith firms they are responsible for monitoring on behalf of the City
11 Periodic Review of Procurement Code for Enhancements
The City periodically reviews its Procurement Code for potential modifications and improvements that foster more transparency and competition See Item No 7 above as an example
12 Current Internal Review of all Landscaping Contracts
The City is currently preparing a new Request for Proposals for Comprehensive Parks Maintenance which will provide for separate pricing in the following five venues Regional Park Tequesta Trace Park Vista Park Small Parks Turf Crass and Small Parks Non-turf Crass This new RFP will enable the City to imp lement better measurement methods for the cost of work enhance performance verification utilizing the new Work Order and Asset Management Software and promote increased participation and competition by segmenting the work
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 81 2015 and proposals are due on March 17 2015 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 201 S
13 Termination of Creensource Contracts and New Procurement fo r C ity Parks Landscaping and Maintenance
On September 15 20 14 the City Commiss ion authorized the issuance of a Request for Proposals for landscaping and maintenance of the Citys parks (see Item No 12 above) and authorized the City Manager to terminate the existing contracts with Creensource upon the effective date of the new contracts resulting from the RFP
John W Scott 4 March 201 5 Page 6 o f 7
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 8 2015 and proposals are due on March 17 2015
14 Implementing Annual Employee Independence Affidavits
The City has developed an Annual Fiscal Year Audit D isclosure for City Employees to be filed by each City employee by March 1 o f each year The disclosure form tracks the language in the form that is used by the Citys independent auditor for execution by the City Manager and Chief Financial Officer
Update 2 On November 24 2014 the Citys independent auditor Keefe McCullough amp Co LLP requested and subsequently received from each City employee such an affidavit
15 Training on Fraud Discovery and Prevention
On August 20 2014 the Citys Assistant City M anagerChief Operating O fficer attended a seminar held by the Associa tion of Certified Fraud Examiners (A CFE) on Investigating Conflicts of Interests amp Procurement Fraud He took detailed notes at the seminar and shared this valuable information with City staff upon his return The City is committed to continued training and education for City management
ADDITIONAL CITY ACTIONS
16 The Ci ty will prepare a new Request fo r Proposa ls for grounds maintenance to include rights-of-wa ys and facilities upon completion of the RFPs for Comprehensive Parks Maintenance and for A rboricultura l Services
Update 2 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 2015
John W Scott 4 March 2015 Page 7 of 7
CITY OF WESTON VS VARNEY AND SONS INC
O n December 1 20 14 the City Commission approved a settlement with Varney providing for $2 11 79248 settlement in favor of the City Under the Settlement Agreement Varney is requ ired to pay the City $150000 with in 30 days of the executed Settlement Agreement and the City reta ins $6 179248 as a credit against the outstanding Varney invoices w ith no further payments due to Va rney
Update 2 The City received the settlement payment in the amount of $ 150 000 from Varney on December 10 2014 This matter is now concluded
The City appreciates the O IGs ongoing interest in the Ci tys improvements and enhancements of its internal controls and will continue to keep the OG apprised of the Citys progress until all items are concluded
Sin cerely
THE CITY OF W ESTON
John R Flint City ManagerCEO
C Honorable Mayor and City Commissioners Jamie Alan Cole City Attorney
59996v1
John W Scott 4 March 20 15 Page 5 o f 7
7 0 Revised Administrative Policies fo r City Employees and Service Providers
Section 4 13 of the Citys Administrative Polic ies for Serv ice Providers and Section 327 of the Employment and Benefit Policies fo r City Employees now explicitly prohibits employees and contracted designated supervisor personnel respective ly from maintaining improper personaloutside business relationships w ith firms they are responsible for monitoring on behalf of the City
11 Periodic Review of Procurement Code for Enhancements
The City periodically reviews its Procurement Code for potential modifications and improvements that foster more transparency and competition See Item No 7 above as an example
12 Current Internal Review of all Landscaping Contracts
The City is currently preparing a new Request for Proposals for Comprehensive Parks Maintenance which will provide for separate pricing in the following five venues Regional Park Tequesta Trace Park Vista Park Small Parks Turf Crass and Small Parks Non-turf Crass This new RFP will enable the City to imp lement better measurement methods for the cost of work enhance performance verification utilizing the new Work Order and Asset Management Software and promote increased participation and competition by segmenting the work
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 81 2015 and proposals are due on March 17 2015 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 201 S
13 Termination of Creensource Contracts and New Procurement fo r C ity Parks Landscaping and Maintenance
On September 15 20 14 the City Commiss ion authorized the issuance of a Request for Proposals for landscaping and maintenance of the Citys parks (see Item No 12 above) and authorized the City Manager to terminate the existing contracts with Creensource upon the effective date of the new contracts resulting from the RFP
John W Scott 4 March 201 5 Page 6 o f 7
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 8 2015 and proposals are due on March 17 2015
14 Implementing Annual Employee Independence Affidavits
The City has developed an Annual Fiscal Year Audit D isclosure for City Employees to be filed by each City employee by March 1 o f each year The disclosure form tracks the language in the form that is used by the Citys independent auditor for execution by the City Manager and Chief Financial Officer
Update 2 On November 24 2014 the Citys independent auditor Keefe McCullough amp Co LLP requested and subsequently received from each City employee such an affidavit
15 Training on Fraud Discovery and Prevention
On August 20 2014 the Citys Assistant City M anagerChief Operating O fficer attended a seminar held by the Associa tion of Certified Fraud Examiners (A CFE) on Investigating Conflicts of Interests amp Procurement Fraud He took detailed notes at the seminar and shared this valuable information with City staff upon his return The City is committed to continued training and education for City management
ADDITIONAL CITY ACTIONS
16 The Ci ty will prepare a new Request fo r Proposa ls for grounds maintenance to include rights-of-wa ys and facilities upon completion of the RFPs for Comprehensive Parks Maintenance and for A rboricultura l Services
Update 2 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 2015
John W Scott 4 March 2015 Page 7 of 7
CITY OF WESTON VS VARNEY AND SONS INC
O n December 1 20 14 the City Commission approved a settlement with Varney providing for $2 11 79248 settlement in favor of the City Under the Settlement Agreement Varney is requ ired to pay the City $150000 with in 30 days of the executed Settlement Agreement and the City reta ins $6 179248 as a credit against the outstanding Varney invoices w ith no further payments due to Va rney
Update 2 The City received the settlement payment in the amount of $ 150 000 from Varney on December 10 2014 This matter is now concluded
The City appreciates the O IGs ongoing interest in the Ci tys improvements and enhancements of its internal controls and will continue to keep the OG apprised of the Citys progress until all items are concluded
Sin cerely
THE CITY OF W ESTON
John R Flint City ManagerCEO
C Honorable Mayor and City Commissioners Jamie Alan Cole City Attorney
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John W Scott 4 March 201 5 Page 6 o f 7
Update 2 The RFP for Comprehensive Parks Maintenance was publically noticed on February 8 2015 and proposals are due on March 17 2015
14 Implementing Annual Employee Independence Affidavits
The City has developed an Annual Fiscal Year Audit D isclosure for City Employees to be filed by each City employee by March 1 o f each year The disclosure form tracks the language in the form that is used by the Citys independent auditor for execution by the City Manager and Chief Financial Officer
Update 2 On November 24 2014 the Citys independent auditor Keefe McCullough amp Co LLP requested and subsequently received from each City employee such an affidavit
15 Training on Fraud Discovery and Prevention
On August 20 2014 the Citys Assistant City M anagerChief Operating O fficer attended a seminar held by the Associa tion of Certified Fraud Examiners (A CFE) on Investigating Conflicts of Interests amp Procurement Fraud He took detailed notes at the seminar and shared this valuable information with City staff upon his return The City is committed to continued training and education for City management
ADDITIONAL CITY ACTIONS
16 The Ci ty will prepare a new Request fo r Proposa ls for grounds maintenance to include rights-of-wa ys and facilities upon completion of the RFPs for Comprehensive Parks Maintenance and for A rboricultura l Services
Update 2 The RFP for Comprehensive Landscape Maintenance Services was publically noticed on March 2 2015 and proposals are due on April 2 2015
John W Scott 4 March 2015 Page 7 of 7
CITY OF WESTON VS VARNEY AND SONS INC
O n December 1 20 14 the City Commission approved a settlement with Varney providing for $2 11 79248 settlement in favor of the City Under the Settlement Agreement Varney is requ ired to pay the City $150000 with in 30 days of the executed Settlement Agreement and the City reta ins $6 179248 as a credit against the outstanding Varney invoices w ith no further payments due to Va rney
Update 2 The City received the settlement payment in the amount of $ 150 000 from Varney on December 10 2014 This matter is now concluded
The City appreciates the O IGs ongoing interest in the Ci tys improvements and enhancements of its internal controls and will continue to keep the OG apprised of the Citys progress until all items are concluded
Sin cerely
THE CITY OF W ESTON
John R Flint City ManagerCEO
C Honorable Mayor and City Commissioners Jamie Alan Cole City Attorney
59996v1
John W Scott 4 March 2015 Page 7 of 7
CITY OF WESTON VS VARNEY AND SONS INC
O n December 1 20 14 the City Commission approved a settlement with Varney providing for $2 11 79248 settlement in favor of the City Under the Settlement Agreement Varney is requ ired to pay the City $150000 with in 30 days of the executed Settlement Agreement and the City reta ins $6 179248 as a credit against the outstanding Varney invoices w ith no further payments due to Va rney
Update 2 The City received the settlement payment in the amount of $ 150 000 from Varney on December 10 2014 This matter is now concluded
The City appreciates the O IGs ongoing interest in the Ci tys improvements and enhancements of its internal controls and will continue to keep the OG apprised of the Citys progress until all items are concluded
Sin cerely
THE CITY OF W ESTON
John R Flint City ManagerCEO
C Honorable Mayor and City Commissioners Jamie Alan Cole City Attorney
59996v1