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2012-27940 Reso RESOLUTION NO. 2012-27940 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST.. FOR PROPOSALS (RFP) NO. 34-11/12 FOR AUDITING SERVICES TO EXAMINE THE CITY'S BASIC FINANCIAL STATEMENTS INCLUDED IN THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL GRANT PROGRAMS AND STATE PROJECTS (OMB A-133 SINGLE AUDIT), THE MIAMI BEACH REDEVELOPMENT AGENCY'S BASIC FINANCIAL STATEMENTS(RDA),THE PARKING SYSTEMS FUND'S (PSF) FINANCIAL STATEMENTS, THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY'S (VCA) FINANCIAL STATEMENTS, THE MIAMI BEACH CONVENTION CENTER FINANCIAL STATEMENTS, THE BUILDING BETTER COMMUNITIES BOND PROGRAM (BBC) THE CHILDREN TRUST GRANT PROGRAM (CT),AND THE SAFE NEIGHBORHOOD PARKS AND BOND PROGRAM (SNP);AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM, MCGLADREY,LLP.,AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM, CHERRY, BEKAERT& HOLLAND, LLP.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION, WITH SUCH AGREEMENT HAVING A TWO (2) YEAR TERM, THROUGH AND INCLUDING THE AUDIT OF FISCAL YEAR ENDING SEPTEMBER 30,2013,WITH ADDITIONAL YEARS OF THE ENGAGEMENT TO BE SUBJECT TO THE AUDIT COMMITTEE AND CONFIRMATION BY THE CITY COMMISSION ANNUALLY. WHEREAS, on March 21, 2012, the Mayor and City Commission at its March 21, 2012, meeting authorized the Administration to issue an RFP to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR), whereby the engagement shall also include the Single Audit, PSF, VCA, Convention Center, BBC, CT, and SNP audits, for a term of up to five (5) years (to be determined at the option of the City); and WHEREAS, on April 20, 2012, RFP No. 34-11/12 was issued and notices were sent to over 35 firms; and WHEREAS,on the specified due date of May 18,2012,the Procurement Division received responses from Cherry, Bekaert&Holland, LLP.; Crowe Horwath, LLP.; Keefe, McCullough&Co., LLP.; Marcum, LLP.; and McGladrey, LLP.; and WHEREAS on June 7, 2012, the City Manager via Letter to Commission No. 154-2012 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Marcella Paz-Cohen, Resident and Leadership Academy Graduate; Larry Herrup, Resident, CPA, and Budget Advisory Committee Member; Kathaleen Smarsh, Resident and Leadership Academy Graduate; James Sutter, Internal Auditor, CMB; Allison Williams, Chief Accountant, CMB; and WHEREAS, the Committee convened on June 20, 2012, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, and recent I changes to the Government in the Sunshine Law; and WHEREAS,the Committee was subsequently informed that a Resolution was passed at the June 6, 2012, Commission meeting, selecting Crowe Horwath, LLP. to audit the processes of certain regulatory departments and divisions in the City, and therefore could no longer be considered for this project, as this would create a conflict of interest; and WHEREAS,the Committee proceeded to score and rank the remaining four(4)proposals pursuant to the evaluation criteria established in the RFP,which was as follows,for a total potential of 100 points: • Firm's experience in Auditing Services—20 points; • Qualifications of Project Team —20 points; • Methodology and approach— 10 points; • Previous Similar Projects— 15 points; • References Provided by Prior Clients— 15 points; • Fees—20 points; and WHEREAS,the Committee unanimously ranked McGladrey, LLP. as the top-ranked firm, and further agreed to the ranking of Cherry, Bekaert&Holland, LLP as the second-ranked firm; and WHEREAS, the City Manager concurs with the recommendation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals(RFP)No.34-11/12 ForAuditing Services To Examine The City's Basic Financial Statements Included In The City's Comprehensive Annual Financial Report(CAFR), Federal Grant Programs And State Projects (OMB A-133 Single Audit), The Miami Beach Redevelopment Agency's Basic Financial Statements (RDA), The Parking Systems Fund's (PSF) Financial Statements, The Miami Beach Visitor And Convention Authority's (VCA) Financial Statements, The Miami Beach Convention Center Financial Statements, The Building Better Communities Bond Program (BBC) The Children Trust Grant Program (CT), And The Safe Neighborhood Parks And Bond Program (SNP); authorize the administration to enter into negotiations with the top-ranked firm, McGladrey, LLP.; and should the administration not be able to negotiate an agreement with the top-ranked firm, authorize the administration to negotiate with the second-ranked firm, Cherry, Bekaert&Holland, LLP.;and further authorize the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration,with such agreement having a two (2) year term, through and including the audit of fiscal year ending 2013,with additional years of the engagement to be subject to approval by the Audit Committee and confirmation by the City Commission annually. PASSED AND ADOPTED this ��h day of J�h , 2012. ATTEST: �P••''• • ••�� Rafael E. Granado, City Clerk NCO att era B RP ORATED �►rP ED"ASTO : TAAGENDA\2012\7-18-12\Auditing Services tic FORM &LANGUAGE -� •�� &FO EXECUTION �cN INA 26 Cify Attorney Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking Of Firms For Auditing Services,Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm, McGladrey, LLP, And If Unsuccessful, With The Second-Ranked Firm, Cherry, Bekaert& Holland, LLP, And Authorizing The Mayor And City Clerk To Execute An Agreement For Auditing Services. Key Intended Outcome Supported: Improve the City's Overall Financial Health and Maintain Overall Bond Rating Issue: Shall the Commission Adopt the Resolution? Item Summa /Recommendation: The purpose of the audit is to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR). The engagement shall also include the Single Audit, PSF, VCA, Convention Center, BBC, CT, and SNP audits, for a term of up to five (5) years. The engagement will be for five (5) fiscal years ending September 30, 2016. Additional years of the engagement or additional auditing services would be subject to the approval of the Audit Committee and confirmation by the City Commission annually. On March 21, 2012, the City Commission authorized the issuance of an RFP to solicit proposals for auditing services for the City of Miami Beach. RFP No. 34-11/12 was issued on April 20, 2012, with notifications sent to over 35 firms. This outreach resulted in the receipt of five(5) proposals from Cherry, Bekaert & Holland, LLP; Crowe Horvath, LLP.; Keefe, McCullough & Co., LLP; Marcum, LLP; and McGladrey, LLP. A resolution was passed at the June 6,2012,Commission meeting selecting Crowe Horwath, LLP to audit the processes of certain regulatory departments and divisions in the City,and therefore could no longer be considered for this project, as this would create a conflict of interest. An Evaluation Committee appointed by the City Manager reviewed and discussed the proposals, then scored and ranked the four (4) remaining proposals. Based on the published evaluation criteria, the Committee unanimously ranked McGladrey, LLP. as the top-ranked firm. The Committee further ranked Cherry, Bekaert& Holland, LLP. as the second-ranked firm. ADOPT THE RESOLUTION Advisory Board Recommendation: Finance and Citywide Projects Committee, January 19, 2012: Recommended the issuance of an RFP Financial Information: Source of Amount Account Approved Funds: Professional Services Accounts: 1 $168,727.39 011.9310.000312 2 18,550.30 440.0442.000312 3 20,867.80 168.1985.000312 4 20,867.80 480.0461.000312 5 18,550.30 160.4300.000312 OBPI Total $247,563.59 Financial Impact Summary:Amounts are included in the FY2012/2013 proposed operating budget. City Clerk's Office Legislative Tracking: RJA Sign-Offs: Department Director Assist City anager City Ma ger GE PDW KGB TAAGENDA\2012\7-18-12\Auditing Services Summary.doc BACH AGENDA ITEM 7� E — .� DATE Z MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commis ion FROM: Kathie G. Brooks, Interim City Manager DATE: July 18, 2012 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 34-11/12 FOR AUDITING SERVICES TO EXAMINE THE CITY'S BASIC FINANCIAL STATEMENTS INCLUDED IN THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT(CAFR), FEDERAL GRANT PROGRAMS AND STATE PROJECTS (OMB A-133 SINGLE AUDIT), THE MIAMI BEACH REDEVELOPMENT AGENCY'S BASIC FINANCIAL STATEMENTS (RDA), THE PARKING SYSTEMS FUND'S (PSF) FINANCIAL STATEMENTS, THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY'S (VCA) FINANCIAL STATEMENTS, THE MIAMI BEACH CONVENTION CENTER FINANCIAL STATEMENTS,THE BUILDING BETTER COMMUNITIES BOND PROGRAM (BBC) THE CHILDREN TRUST GRANT PROGRAM (CT), AND THE SAFE NEIGHBORHOOD PARKS AND BOND PROGRAM (SNP); AUTHORIZING THE ADM I NISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP - RANKED RANKED FIRM, MCGLADREY, LLP.,AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM, CHERRY, BEKAERT & HOLLAND, LLP.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION,WITH SUCH AGREEMENT HAVING A FIVE (5) YEAR TERM, THROUGH AND INCLUDING THE AUDIT OF FISCAL YEAR ENDING SEPTEMBER 30, 2016, WITH ADDITIONAL YEARS OF THE ENGAGEMENT TO BE SUBJECT TO THE AUDIT COMMITTEE AND CONFIRMATION BY THE CITY COMMISSION ANNUALLY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Improve the City's Overall Financial Health and Maintain Overall Bond Rating FUNDING AND ESTIMATED AMOUNT Fees are not to exceed $250,000 for 2012 audit fees to be paid in 2013. Amounts are included in the FY2012/2013 proposed Operating Budget. Estimated City Commission Memorandum-Auditing Services July 18, 2012 Page 2 of 5 Service Funding Source Expenditure Audit of City's Basic Financial Statement (CAFR) 011.9310.000312 $115,927.53 OMB A-133 Single Audits 011.9310.000312 23,185.30 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 011.9310.000312 21319.56 Safe Neighborhood Parks Single Audit (SNP) 011.9310.000312 9,270.00 Building Better Communities 011.9310.000312 8,240.00 Children's Trust 011.9310.000312 9,785.00 Miami Beach Redevelopment Agency (RDA) 168.1985.000312 20,867.80 Miami Beach Parking Systems Funds (PSF) 480.0461.000312 20,867.80 Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts, as Managed by Global Spectrum 440.0442.000312 18,550.30 Miami Beach Visitor and Convention Authority (VCA) 160.4300.000312 18,550.30 $247,563.59 ANALYSIS/BACKGROUND The purpose of the audit is to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report(CAFR). The engagement shall also include the Single Audit, PSF,VCA, Convention Center, BBC, CT and SNP audits of the year ended September 30, 2012, through and including the year ended September 30, 2016. Additional years of the engagement would be subject to the approval of the Audit Committee and confirmation by the City Commission annually. On July 12, 2006, the Mayor and City Commission authorized the Administration to execute an Agreement, pursuant to RFP No. 23-05/06, with McGladrey & Pullen for Auditing Services. The Agreement term was for five(5)years, commencing from the City Fiscal Year ending on September 30, 2006, and ending on September 30, 2010, with renewal options for five(5) additional one(1)year terms, at the sole discretion of the City. A resolution was approved by the Mayor and Commission at its September 14, 2011 meeting, to exercise the first year renewal option for the audit of fiscal ending on September 30, 2011. The Mayor and City Commission at its March 21, 2012, meeting authorized the Administration to issue an RFP to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report(CAFR).The engagement shall also include the Single Audit, PSF, VCA, Convention Center, BBC, CT, and SNP audits,for a term of five(5)years with additional years subject to the approval of the Audit Committee and confirmation by the City Commission. RFP PROCESS RFP No. 34-11/12 was issued on April 20, 2012, and the Procurement Division e-mailed, as well as uploaded the RFP to BidNet, sending notifications to over 35 firms. A non- mandatory pre-proposal meeting to provide information and respond to questions from prospective proposers was held on May 1, 2012. This outreach resulted in the receipt of five (5) proposals on the due date of May 18, 2012, from the following firms: • Cherry, Bekaert & Holland, LLP. • Crowe Horwath, LLP. • Keefe, McCullough & Co., LLP. • Marcum, LLP. • McGladrey, LLP. City Commission Memorandum-Auditing Services July 18, 2012 Page 3 of 5 On June 7, 2012,the City Manager via Letter to Commission No. 154-2012 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Marcella Paz-Cohen Resident and Leadership Academy Graduate Larry Herrup Resident, CPA, and Budget Advisory Committee Member Kathaleen Smarsh Resident and Leadership Academy Graduate James Sutter Internal Auditor, CMB Allison Williams Chief Accountant, CMB Alternates: Georgie Echert Assistant Finance Director, CMB Mark Coolidge Senior Auditor, CMB Melvin Brazer Resident and Leadership Academy Graduate The Committee convened on June 20, 2012, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, and recent changes to the Government in the Sunshine Law. Larry Herrup was nominated as the Committee chairperson. The chairperson requested Patricia D. Walker, Chief Financial Officer for the City, to provide an overview to the Committee on the current relationship with McGladrey, LLP, and the perception of the strengths of other proposers. The overall feedback from the Finance Department pursuant to McGladrey's performance is positive. The Committee was subsequently informed that a resolution was passed at the June 6, 2012, Commission meeting selecting Crowe Horwath, LLP, to audit the processes of certain regulatory departments and divisions in the City, and therefore could no longer be considered for this project, as this would create a conflict of interest. The Committee was instructed to score and rank the remaining four (4) proposals pursuant to the evaluation criteria established in the RFP,which was as follows,for a total potential of 100 points: • Firm's experience in Auditing Services—20 points • Qualifications of Project Team —20 points • Methodology and approach — 10 points • Previous Similar Projects— 15 points • References Provided by Prior Clients— 15 points • Fees—20 points Additional points were allocated, if applicable, pursuant to, the following ordinances: LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers,which are, or include as part of their proposal team, a Miami Beach- based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five(5) points to Proposers,which are, or include as part of their proposal team,a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. City Commission Memorandum-Auditing Services July 18, 2012 Page 4 of 5 The Committee discussed the proposals and proceeded to score and rank as follows: Total Paz- Herrup Smarsh Sutter Williams Ranking Cohen NO, of Firm McGladrey, LLP. 1 92 1 83 1 IGAI 1 88 1 89.5 5 Cherry, Bekaert& Holland, LLP. 2 (91) 2 81 3 (91) 4(78) 2 (87) 13 Marcum, LLP 3 89 3 72 2 92 2 86 3 (83.68) 13 Keefe, McCullough & Co., LLP. 4 88 4 68 4 89 3 83 4(82.95) 19 The Committee unanimously ranked McGladrey, LLP as the top-ranked firm. Also, although tied with Marcum, LLP for a total score of thirteen (13), Cherry, Bekaert & Holland, LLP received the majority of second place scores, therefore the Committee passed a motion to rank McGladrey as the top-ranked and Cherry, Bekaert& Holland as the second-ranked firms. As Committee chairperson, Larry Herrup articulated that he would recommend changing the Engagement Partner periodically for ongoing business between the City and McGladrey, so as to maintain objectivity. McGladrey has been the incumbent auditor for the City for the past six (6) years. There have been no issues with the performance of the firm relative to audits performed for Miami Beach. The references provided on behalf of the firm from their other clients were very positive. Nationally, McGladrey provides services to over 2,700 public sector clients, including 600 government clients. Locally, the public sector is the largest industry group of the Southeast practice, serving over 200 entities in Florida. Cherry, Bekaert & Holland, LLP was established in 1947 and is one of the largest CPA firms headquartered in the Southeast. The firm has offices in six states between Florida and Virginia, with a staff of over 750 people. The references provided on behalf of the firm from their clients were very positive. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution,which accepts the recommendation of the City Manager pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 34-10/11 for Auditing Services To Examine The City's Basic Financial Statements Included In The City's Comprehensive Annual Financial Report (CAFR), Federal Grant Programs And State Projects (OMB A-133 Single Audit), The Miami Beach Redevelopment Agency's Basic Financial Statements (RDA), The Parking Systems Fund's (PSF) Financial Statements, The Miami Beach Visitor And Convention Authority's (VCA) Financial Statements, The Miami Beach Convention Center Financial Statements,The Building Better Communities Bond Program (BBC) The Children Trust Grant Program (CT), And The Safe Neighborhood Parks And Bond Program (SNP), and authorizes the Administration to enter into negotiations with the top-ranked firm, McGladrey, LLP., and should the Administration not be able to negotiate an agreement with the top-ranked firm,authorizing City Commission Memorandum-Auditing Services July 18, 2012 Page 5 of 5 the Administration to negotiate with the second-ranked firm, Cherry, Bekaert& Holland, LLP.; and further authorizes the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration,with such agreement having a five (5) year term, through and including the audit of fiscal year ending September 30, 2016 with additional years of the engagement subject to the approval of the Audit Committee and confirmation by the City Commission annually. 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