2010-27382 Reso- - ~ I 2010-27382
RESOLUTION NO ~
- -~ A RESOLUTION OF THE MAYOR AND -CITY COMMISSION OF THE C1TY OF .
- MIAMI BEACH, FLORLDA, ACCEPTING THE. RECOMMENDATION OF THE
. ~ CITY MANAGER PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.
23-09/10,. FOR AUDITS OF RESORT TAXES AND OTHER INTERNAL
AUDITS AS NEEDED; AUTHORIZING THE ADMINISTRATION TO ENTER
- INTO NEGOTIATIONS WITH. THE FIRMS- OF JEFFERSON WELLS .
INTERNATIONAL, INC.; TCBA WATSON RICE LLP; RGL FORENSICS;
MARCUMRACHLIN; AND SHARPTON, BRUNSON & COMPANY FOR THE
.~
..AUDITS OF RESORT TAXES.;.. AND WITH THE FIRMS OF JEFFERSON
. ~ WELLS INTERNATIONAL, INC.; MARCUMRACHLIN; TCBA WATSON RfCE
LLP; RGL FORENSICS; CROWEHORWATH, LLP; AN'D ~SHARPTON,
- ~ ~ BRUNSON & COMPANY FOR OTHER INTERNAL AUDITS AS N'EfDED AND
fURTHER~ AUTHORIZING THE MAYOR AND CITY CLERK TO .EXECUTE
-. ~ -
AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
- ~ WHEREAS, the City of~ Miami Beach charges. a resort tax of three percent on -
revenues generated by the sale of rooms and two percent on revenues from food and
- beverages earned within. -the City; and
WHEREAS, as of January 15, 2010, there were 1,751 businesses registered to
. collect resort taxes; .and -
..,
WHEREAS, -the City employs- field agents to audit these businesses; and
- ~ ~ ~ WHEREAS, in October 1994, the City began to utilize independent contractors to
- expand the audit coverage for; these .audits; and
WHEREAS,. currently, the City has three field agents. and two, professional.
service agreements with contractors which will expire on June 22, 2010, with no further
options to renew; and
f .WHEREAS, internal division audits on an estimated 150, audit areas as
delineated in the City's 1'nternal Audit. Division Risk Assessment Model; and
WHEREAS, the City-Administration may determine a need to audit a particular
-urea. whereby the :Internal Audit Division does not have the resources to audit at a -
particular #ime; and - ,
WHEREAS,. the Mayor and City Commission at its February 3, 2010 authorized
the Administration. to issue an RFP for audits of resort taxes and other internal audits as
. needed to solicit responses frorn qualified providers of auditing services..; and
,WHEREAS; on. Marche.. 2, 2010, R'FP No. 23-09/10 was issued and notifications
.sent.. to over 65 firms or individuals, .which resulted in the receipt of proposals :.from
Crowe Horwath, LLP; Enterprise Risk Management, Inc.; Jefferson Wells Lnternational,
Inc:; .Mar-cumlRachlin; RGL Forensics;. Sharpton, Brunson & Company; P.A. and,TCBA
Watson Rice; LLP; and
WHEREAS, proposers had the option- to submit .proposals for either resort tax
~audits,~ internal audits or .both., which resulted in six (6) of the proposers submitted
responses,to both, and all seven {7) submitted a response for internal audits; and
. ~ WHEREAS,, on Aprit 5, 2010 the City Manager via Letter to Commission No. 101-
.. .
2010 appointed ~an Evaluation Committee (the "Committee"), consisting of the following.
individuals:
Georgina..Echert, Assistant Director, Finance Department;
.. .~ ~ Laura Franco-Rubines, Assistant lnternal Auditor, Internal Audit Department;,.
Kathaleen Smarsh, Resident and. Graduate of Leadership Academy;
Yaritza Velez, Resident,. Consultant and Graduate of Leadership Academy;.
Jeremy White; Resident; Financial Consultant and Graduate of Leadership Academy;
Alternate:. ..
.. ~ Mirielle Enlow, Resident, Mortgage Broker, .and Graduate of Leadership Academy; and
WHEREAS, .the Committee convened on April 20, 2010, was provided with an
- overview of the .project, information relative to the City's Cone of Silence Ordinance and
. the Government in the Sunshine Law and. discussed and evaluated the proposals based
on the evaluation criteria as. outlined in the RFP; and
_.
WHEREAS, based on the scoring and the ranking of .the resort tax audit
. ' ~ proposals,. the, the Committee. unanimously passed a motion to recommend to the City
Manager that the Administration enter into negotiations with the top three-ranked firms of
~. Jefferson 1Nells; TCBA Watson Rice; and RGL Forensics., and. if .negotiations were
. ~ ~ ~ unsuccessful with the one of the top three, to negotiate with the fourth-ranked. firm of
MarcumRachlirrrr and
- - ,
WHEREAS, based on the scoring and the ranking of the internal audit proposals,,
. ~ ~ the Committee. unanimously passed a motion to recommend `to the City Manager that
the Administration. enter- into .negotiations with -the. top four-ranked firms of Jefferson
Wells;. MarcumRachlin;.TCBA Watson'Rice:; and RGL Forensics.; and .
WHEREAS, after considering the recommendation of the Evaluation Committee.,.
the :City Manager exercised his due diligence and carefully considered- the diversity of
~~ the.firms and the importance of the auditing services .to be provided, and upon reviewing
the scores of the Committee determined the firm Enterprise Risk Management Inc.
scored well below -the scores of the entire group,. and as a result determined it is in the
City's best interest. to exclude the .lowest scored firm. and expand the pool to negotiate
with the top five firms to ..provide audits of resort taxes .and the top six firms to provide
other internal audits as needed.
- .t
. ~ ~ ,
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
:Request for Proposals (RFP) No. 23-09-10, for .Audits of Resort .Taxes and Other
Internal Audits As Needed; authorize the Administration to enter .into negotiations with
the firms of Jefferson Wells International, inc.; TCBA Watson Rice, Lt~P; RGL Forensics;
.MarcurnRachGn and Sharpton, Brunson& Company for audits of resort taxes; and with
. ; ~ - the firms of Jefferson Wells International, Inca;: MarcumRachlin; TCBA Watson Rice,
.
. ~ - ~ -LLI'; R. GL, Forensics; ~CroweHorwath, LLP; and Sharpton,~ Brunson & Company for other
internal audits as needed; .and' further authorize the Mayor and. City Clerk to execute
agreements upon the completion of successful negotiations by the ,Administration. -
.:
PASSED-and ADOPTED this / o2l~day of= Q' ~ , 2010 .
- _ .
..
.ATTEST: .
~G
CITY CLERK Y ~ R
- T:IAGENDA120101May 12\ConsentWudits RFP 23=09-1 U Reso.doc ~ .
. ~ APPR4V,ED AS TQ
. FORM & LANGUAGE
. , . . ~ ~. ~ ~ - ~ r....~& FOR ELUTION
„~.
~ homey ~ ~~ a
COMMISSION ITEM SUMMARY
Condensed TitOe:
A Resolution Accepting The City Manager='s Recommendation Pertaining To RFP No, 23-09/10 for Audits
of Resort Taxes Arid Other internal-Audits As Needed, Authorizing The Administration To Enter Into
Ne ofiations, And Authorizin the Ma or And .Cit .Clerk to Execute A reements.
~. ~ ~ issue.
Shall the City Corrimission adopt the resolution?
Item Summa (Recommendation:
On February 3~, 2010 the Mayor and City Commission approved the issuance of a Requestfor Proposals
(RFP) for Audits of Resort Taxes and Other Internal Audits As Needed. The current Agreements will expire
on June 22, 2010 with. no further options to renew..
._
RFP No.~23-09/1.0-was issued on March 2, 2010 with an opening. date of April 1, 2010, with .notifications
sent to over 65 firms or individuals, which resulted in the receipt of proposals from. Crowe :Horvath, LLP;
Enterprise ,Risk Management, Inc; Jefferson Wells .International, Inc.; MarcumRachlin; RGL Forensics;
Sharpton, Brunson & Company, ~ P.A.; TGBA Watson Rice,. LLP. Proposers had the option to submit
proposals for either resort tax audits, internal audits or both. Six (6) of the proposers submitted .responses
to both, .and seven (7} submitted a response for other internal audits..
1
,An Evaluation Committee appointed by the City .Manager reviewed, scored and ranked the ,proposals
..separately forthe resort tax audits and internal audits. The Committee recommended negotiating with the
top three firms for resort tax audits, if negotiations were unsuccessful with one of the top three, to
negotiate with the fourth-ranked firm; and negotiate with. the fop three firms for other internal audits as
needed.
After considering the recommendation of the Evaluation Committee, the City.Manager exercised his due
diligence and carefully considered the diversity of-the firms and the importance of the,auditing services to
be provided. Upon reviewing the scores presented by the Evaluation Committee, the firm Enterprise Risk
Management Inc; scored well below the scores of the entire group. As a result, it is in the City's. best
..interest to exclude the lowest scored firm and expand ahe pool to negotiate with the top five firms to
.provide audits of resort taxes and the top six firms to provide other internal audits as needed.
ADOPT THE RESOLUTION ~ ~ .
Adviso Board Recommendation.:
_N/A
. _ {
F~nancia~ ~ntormation:
i_
Source of ~{ ~ _.. -Amount _ Account ~ ~~ ~ Approved _ .
. .
Funds; ~ ;~:` Professional Services- Account
$98.,000. No. 460-0330-000312 for Resort
Tax Audits
. ~ ~ 2
. , _: .
,3. -
- ,::: ,
O it :...Total: :
,, ~.
,. > $98,000
Financial Impact Summary: ,.
Cit Clerk's Office Le islative Trackin
. Gus Lopez, ext. 6641; . _
Sian-Offs: _ ~ ~ .
_. '`.: ~De rtment Director, ~. - _ . _ istant. Cit M a ~ •' ', ~ Cit Mana er
GL ~ : ~ -JS ,~ KB ' . PDW JMG
~- - _
Y~ .:~ag+enda Item C 7,Q
Date 5-1~-/D l
._ _ .
... IA L BEA H
~~ C
• _
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City of Miami.Beath,. T700 Convention Center Drive, Miami Beach, Florida 33139, vvww.miamibeachfl:gov ~ .
~; ~ .~ ~ .~ ~ ,~ : ~ COMMISSI.ON MEMORANDUM
TO; Mayor .Matti Herrera .Bower and Members of the City Commission -
'FROM: ~ Jorge. M. Gonzalez, City Manager .
. - ~ _
DATE: :.May 12, 2Q.10 ~ ~ ~ ..
_ .~ .
- SUBJECT: A RESOLUTION OF THE MAYOR AND C1TY COMMISSION OF THE CITY OF.
..
. ~ .. ~ _~ . • _~ MIAMI BEACH, FLORIDA, ACCEPTING THE 'RECOMMENDATION OF THE
- ~ CITY MANAGER PURSUANT TO REQUESfi FOR PROPOSALS {RFP) NO.23o
09/10, FOR AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS
NEEDED; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
~; -
NEGOTJATIONS WITH THE FIRMS OF JEFFERSON WELLS
. .
INTf RNATIONAL, INC.; TCBA WATSON RICE LLP; RGL FORENSICS;
' .; . ,
MARCUMRACHLIN; AND ,SHARPTON, BRUNSON, & COMPANY.FOR THE
- AUDITS OF .RESORT TAXES; ;AND WITH THE FIRMS OF JEFFERSON .
_ ..
WELLS. INTERNATIONAL,. INC.; ~ MARCUMRACHLIN; TGBA WATSON RICE .
. .
._
LLP; RGL FORENSICS; CROWEHORWATH, LLP; AND SHARPTON,
`~~~ BRUNSON & COMPANY FOR OTHER INTERNAL AUDITS~AS NEEDED; AND .
..
- ~ ~ FURTHER AUTHORIZING THE ..MAYOR AND. CITY CLERK TO EXECUTE
~~ ,
AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
. .
,c . THE ~-DMINISTRATION.
;.
~ADMI'NISTRATIONRECOMMENDATION ~ ~ ~ ~ -
~~ - I ~.
Adopt the Resolution. _ ~
FUNDING -
. 1
$98,000 Funding.isa ailable from Professional Services Account Nof: 160-0330-00031..2
for Resort Tax Audits .. ~ ,
a
- ,. ~ _ .
~.
KEY 1'NTENDED OUTCOMES SUPPORTED
.' . ~.
Improve-the City's overall financial h.ealfih and maintain; overall bond rating.
BACKGROUND/ANALYSIS ~ .
. ~ Resod Taxes _
The City of Miarni Beach~charges a resort tax of three percent on revenues generated by the
. sale,of rooms and two percent on revenues from, food and. beverages. earned within the City. .
;Businesses are required: to .register with the City to collect and remit taxes.. The budgeted
amount for fiscal year 2009/10 collections of resort taxes is $38.8 million.- As of~January 15,
2010, there were 1:.,751 businesses registered to collect resort taxes. Of that total; 686 are
{. ~ reporting taxes to the City on a monthly basis, and 2 are reporting taxes on a quarterly basis.
These busine ~ -
. sses consist- of hotels, restaurants, nightclubs, -..and bars. The balance of
_ registered businesses {'1,063) represents apartments required to reportf on an annual basis
": to the City.
. ~ _
- .
" j
- Commission Memorandum
^ . May 12, 2010. -
. RFP No: 23-09/10-Audits of Resort Taxes and Other7nternal Audits As Needed
Page 2 of 4 ~ , -
- The City erne oys field. agents,to audit these.businesses. In October 1994, the City began to
utilize independent contractors to expand the audit coverage for these audits. Currently, the
City. has three field agents and two:professional~service agreements with contractors which
- ~ `wi11 expire on June 22, 2010, with no further options to renew. These :agreements were
. awarded for one year with two one-year renewals after a RFP was authorized on October
- 1.1, 2006 by the Commission and the ranking of proposals was acceptedt by the Commission
on January 1,7, 2007. ~ "
The Internal Audit objective for fiscal year 2009/1.0 is to audit 25 percent of the monthly and
- ~~ 8';percent~ of the annual active. resod tax accounts fora total. of 250 accou ts. The Internall
- ~ Audit Division will assign. these audits to the City's field agents and. independent contractors,
Internal Audits On An As Needed Basis" .
;.. .
lnternalAudt Divisionperforms-.audits on an estimated 150 audit areas as delineated in the
.
` ° City's Internal Audit Division Risk `Assessment .Model. The Internal Audit 1Division is
- . responsibae for auditing these areas according to their annual audit objectives. Occasionally
:. _ the City Administration may determine a need to audit a particular area whereby the .Internal "
"Audit 'Division does not have, the resources to .audit at a particular time. In the past, the
- Administration has sought outside assistance from qua ifeed firms ~to accomplish these
assignments: }
The .Mayor anal City Commission at its February 3, 2010 meeting- authorized -the -
.Administration to issue an RFP for audits of resort taxes and other interraf audits as needed
. -
to solicit responses from qualified providers of auditing services. Contracts maybe awarded
to rrmore~than one firm for individual. The contract term would be for a period of one year with
the option of two one-year renewals.
.. ,. ~ ,
- RFP-PROCESS .
- RFP No. 23-09/10 was issued on March 2, 2010 and the Procurement Division e-mailed, as ~ .
. "well as~uploaded the RFP to. BidSync:com~ a`nd BidNet, sending notifications to over 65 firms .
or individuals, Anon-mandatory pre-proposal meeting. to provide information and respond to
questions'from prospective proposers was held on March.11, 2010. On ;the due date of April
1, .2010, seven (7) proposals were received from the following firms:
.. .
1
• Crowe Horvath; LLP . (Submitted for Internal Audits only} j
• ~ Enterprise Risk Management, Inc. ~ ~ -
" " .
• Jefferson Wells International; Inc.
. • . MarcumRachlin
-
.. , ... - RGL Forensics
• ~ Sharpton, Brunson &~Company, P'.A. ~ .
. - ~ ~ ~ TCBA 1Natson Rice, LLP ', . '" -
Proposers had the~option to submit proposals for either resort tax, audits, internal audits or
- ~ ~ eboth: Six (6) of the proposers submitted responses: to both, and all se'ven'{7) submitted a
~.response.for internal audits. "
. On `April 5, 2010 the City Manager via Letter, to Commission No. 1012010 a ointed an
r PP
Evaluation Committee (the "Committee"), consisting of the following individuals:
. .
- -
;. ~ } "
_. }
r ~
Commission Memorandum
May 12, 2010
- ~ ~. ~ RFP No. 23-09/10-Audits of Resort Taxes and Other Internal Audits As Needed
~P. age 3. of 4
., . - ~
= Georgina Echert Assistant Qirector, Finance Department ~ -
..
' partment
Laura Franco-Rubines Assistant Internal Auditor, Internal Audit De
. ~ Kathaleen Smarsh. Resident-and Graduate of Leadership ,Academy
- Yaritza. Velez -Resident, Consultant and Graduate of Leadership Academy
-Jeremy White Resident, Financial Consultant and Graduate of Leadership
. Academy j .
Alternate: 1
-, .
,. Mirielle. En'low Resident, Mortgage Broker, and Graduate of.Leadership Academy
i
The Committee -convened, on April 20, 2D10 and was provided with an overview of the
- project, information relative to the City's Cone of Silence Ordinance,and'the Government in
the Sunshine Law. Yaritza Velez was nominated as chairperson of the Committee. James
Sutter, Internal Auditor, addressed the Committee and provided genera,1 information on the
;.
,scope of services and noted the City would like to have a pool of auditing firms from which to
- ~ choose. -
.. ;- ~ ~ j
" . The Committee wasrinstructed to score and;rank each proposal pursuant to the evaluation
- criteria established i the RFI', which was as follows (total possible 100%):.
Experience and qualification of the. proposer: (25%)
. .
• Experience antl_ qualifications of individuals assigned to audits: {25%)
- Proposed fees (per resort tax'audittype/hourly rates for in vernal audits): {40%)
~• Quality of references: (10%)
-.
The Committee discussed,the proposals and. proceeded to score and rank them separately
as ~foliows, for the resort tax audits and internal audits,as follows:
-.
~° , Resort Tax Audit, Proposals ~ .
RFI' No. 23-09/10. ~
9
For Audits of Resort '
~
'
:Taxes .and .Other
Internal Audits As Georgie ~ _ Laura Kathaleen Yaritza Jer emy. Ranking
Needed Echert Rubines . Smarsh Velez - ~W ~ite TotaP
Jefferson. Wells 96 ~1 ~ 94 1 93 3 90 2 84~ 1 8
TCBA Watson Rice
-
~ 90 2
88 2 ~
94 1
92 1 ~ ,
82 3
9
.
.:
RGL Forensics .,
64 5
79 3 .
93 2
83 3 $
83'.2 -
~ 15
MarcumRachlin 8:4 3 78 4. R 4 79 5 48 5 21
Shan ton, Brunson ..
83 4
~ 55 5 ~
84 5
80 4
52 4
22
Enterprise Risk
Maria ement 47 6 35 6 63 6 78 6 47 6
~ 3
•
t _ _ 1-
Based on the scoring .and the ranking of the resort tax audit ,proposals, the Committee
unanimously passed a-motion to recommend to the City_ Manager that the Administration
x enter into negotiations with the top three-ranked firms of Jefferson Wells;. TCBA Watson
Rice; and RGL Forensics, and if negotiations were unsuccessful with the one of the top
. three, to negotiate with the fourth-..ranked firm.; of MarcumRachlin.
- - i
_ - ~ ~ i
'.,
• .Commission. Memorandum... - 1
May 12, 2010 .
RFP No: 23-09/1`O-Audits of Resort Taxes and Other Internal Audits As Needed
..Page 4 of 4 - .
Internal Audit~Proposals ~ -
RFP No. 23-09/10
For Audits of Resort
Taxes and Other
Internal Audits:As .Georgie Laura ~ Kathaleen Yaritza Jeremy Ranking
Needed ~ Echert Rubines Srnarsh Velez White Total
JeffersonWells ,. -
91 1 ~
95 1
95 1 -
~ 94 1
84 2
._
6
. ~ _
MarcumRachlin 89 2 84 2 94 2 88 3 8~ 5 - 1 10
~
TCBA Watson Rice • - 83.3 ~ 73 4 92 4 91 2 2 4
8 17
_ ._
RGL Forensics .- 69 6 84 3 - 93 3 86 5 8~3 3 20
.Crowe Hgrwafh
81 4
69 5
~ 87 5
_ 87 4 L
7~6 5
23
_ -
Shar ton, Brunson
74 5
55 6
84 6
85 6
I
52 S
29
Enterprise Ri
sk
~
-Maria emenf
67 7 ~
35 7 _
63 7
82 7
4
7
,5
35
.. ~ . -
~~ Based on the scoring and the ranking of the internal audit proposals, -the Committee
' `unanimously passed a motion to recommend to the City Man-ages that the Administration
enter into negotiations with the top four-ranked. firms of Jefferson Wells; MarcumRachlin;~
TUBA Watson Rice; and RGL Forensics. .
. CITY MANAGER'S .DUf DILIGENCE
. ~ After considering .the recommends#ion of .the Evaluation Committee, the City Manager
.:exercised .his due diligence and carefully considered the diversity of .thee firms and the
. : `.:importance of the auditing services to be provided:. Upon. reviewing the scorespresented by
the Evat'uation Committee, one firm (Enterprise Risk Management Inc) scored well .below
- ~ the scores of the entire group. A primary factor considered in th.e Evaluation Committee's
~~ scoring was the firm's stringent approach of requiring their billings based on actual hours
' ~ worked and actual costs `incurred which may be over the estimate provided. 1n addition, the
City would be responsible for -any .delays or addi Tonal costs .incurred by the firm if
~.
,.cooperation by the.City (or.auditee) is not provided.. Also the firm requires payment within
fifteen -days otherwise latecharges.will be applied. These conditions do not correlate into
th,e City's approach for these audits. As a result, it is in the City's best interest to exclude the
lowest scored firm and expand the pool to negotiate-with the top five fir + s to provide audits
~, of resort.. taxes and the top six firms to provide other internal audits as needed::
. ~ ~ ~ CONCLU-SIGN `- -
. ., y y - .
The Administration. recommends that the Ma or arid. Cit " Commission approve the attached
. , - -resolution, which authorizes the Administration to enter m o negotiations with Jefferson
V1LelJs ~Internationat, Inc.; TCBA~ Watson Rice, LLP; RGL 'Forensics; MarcumRachlin; and
- ~ Sharpton, Brunson& Company for audits of resort taxes; and with the firms of Jefferson .
Welts- International, Inc.; MarcumRachlin; TC.BA Watson, Rice, LLP; RG'L Forensics;
. ,Crowe
' Horwath, LtP; and _.Sharpton, Brunson & Company for othe ~ internal audits as
needed.; and further authorize the Mayor and City Clerk to execute agreements upon the
- completion of successful negotiations by the Administration.
T:\AGENDA\2010\May 12\ConsentWudits RFP 23-09-10 Memo.doc