BOARD MEETING DATE: July 12, 2002 AGENDA NO. 3
Issue RFP to Audit AB 2766 Fee Revenue Recipients for FYs 1999-00 and 2000-01
SYNOPSIS:
AB 2766 requires any agency that receives fee revenues subvened to AQMD from the Department of Motor Vehicles to be audited once every two years. This action is to issue an RFP for an independent Certified Public Accountant to conduct the audits.
COMMITTEE:
Administrative, June 14, 2002, Recommended for Approval
RECOMMENDED ACTION:
Approve the release of RFP #P2003-03 to solicit competitive bids to audit AB 2766 Fee Revenue Recipients for FYs 1999-00 and 2000-01.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
AB 2766 was chaptered into law as Health and Safety Code Sections 44220-44247 which were enacted to authorize air pollution control districts to impose fees on motor vehicle registrations. These fees are to be expended specifically for the purpose of mobile source air pollution reduction measures pursuant to the California Clean Air Act of 1988 or the AQMD's AQMP pursuant to Part 3, Chapter 5.5, Article 5 of the Health and Safety Code.
The fee revenue is collected by the Department of Motor Vehicles and subvened to the AQMD. It is distributed as follows:
AB 2766 audit requirements1 state that any agency receiving fee revenues shall, at least once every two years, be subject to an audit of each program or project funded. The audit is to be conducted by an independent auditor selected by the AQMD in accordance with Division 2 (commencing with Section 1100) of the Public Contract Code.
Four biennial audits have been conducted to date.
1 Health and Safety Code, Section 44244.1(a)
Proposal
The AQMD is now requesting proposals from qualified public accounting firms to perform the audit of fee revenues received in FYs 1999-00 and 2000-01. Staff proposes to present the report on the audit to the Board upon completion in early 2003. Based on an opinion issued by the Deputy Attorney General of the State of California, the audit will focus on the propriety of the expenditures, not their degree of efficacy in reducing air pollution.
The audit will cover the AQMD's use of the money, projects funded by the MSRC, and the use of fee revenues by selected local governments based on the audit guidelines. Staff has worked extensively with local government representatives to assist local governments in compliance.
Outreach
In accordance with the AQMDs consulting and contracting policies, a public notice advertising the RFP and inviting bids will be published in the following publications:
Additionally, potential bidders will be notified utilizing the Los Angeles County MTA and Cal Trans Directories of Certified Minority, Women, Disadvantaged and Disabled Veterans Business Enterprises; the Inland Area Opportunity Pages Ethnic/Women Business & Professional Directory; AQMDs own electronic listing of certified minority vendors; and AQMD Purchasings mailing list. Notice of the RFP will be mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations; and placed on the Internet at AQMDs Website [http://www.aqmd.gov, "Business and Job Opportunities" icon] and AQMDs bidders 24-hour telephone message line (909) 396-2724.
Bid Evaluation
Proposals received will be evaluated by a diverse, technically qualified panel in accordance with criteria contained in the attached RFP.
Resources
The cost of the audit will be borne by the entities being audited in the manner set forth in the audit guidelines included as Attachment 2 of the RFP and will be deducted from fee revenues prior to distribution. Sufficient funding is included in the FY 2002-03 Budget to cover the costs associated with AQMDs portion of the audit.
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