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2018-30263 ResolutionRESOLUTION NO. 2018- 30263 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2017 - 290 -WG, FOR CITY WIDE FRAUD RISK ASSESSMENT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH RSM US LLP, AS THE TOP RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH RSM US LLP, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PLANTE AND MORAN, PLLC, AS THE SECOND RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCESSFUL IN NEGOTIATING AN AGREEMENT WITH PLANTE AND MORAN, PLLC; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH BAKER TILLY VIRCHOW KRAUSE, LLP, AS THE THIRD RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on July 26, 2017, the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ) 2017 - 290 -WG for City Wide Fraud Risk Assessment; and WHEREAS, on July 27, 2017, RFQ No. 2017 - 290 -WG for City Wide Fraud Risk Assessment (the RFQ) was issued; and WHEREAS, on December 22, 2017, the City received proposals from the following nine -(9) firms: Baker Tilly Virchow Krause, LLP, Berkeley Research Group, LLC, Carr, Riggs and Ingram, LLC, Exiger LLC, Marsh Minick, P.C., Marcum LLP, Plante and Moran, PLLC, RSM US LLP and Sierra Forensic Group; and WHEREAS, Exiger LLC, asked to be withdrawn from further consideration; and WHEREAS, the Evaluation Committee appointed by the City Manager pursuant to LTC# 056-2018 convened on March 9, 2018, to consider the responsive proposals received; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the evaluation process resulted in the ranking of proposers as follows: RSM US LLP, as the top ranked proposer; Plante and Moran, 'PLLC, as the second ranked proposer; Baker Tilly Virchow Krause, LLP, as the third ranked proposer; Berkeley Research Group, LLC, as the forth ranked proposer; Marcum LLP, as the sixth ranked proposer; Sierra Forensic Group, as the seventh ranked proposer; and Marsh Minick P.C., as the eighth ranked proposer; and WHEREAS, after reviewing all of the submissions and the Evaluation Committee's rankings, the City Manager exercised his due diligence and is recommending that the Administration be authorized to enter into negotiations with RSM US LLP, as the top ranked proposer; and if unsuccessful in negotiating an agreement with RSM US LLP; authorizing the Administration to enter into negotiations with Plante and Moran, PLLC, as the second ranked proposer; and if unsuccessful in negotiating an agreement with Plante and Moran, PLLC; authorizing the Administration to enter into negotiations with Baker Tilly Virchow Krause, LLP, as the third ranked proposer; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request -for Qualifications No. 2017 - 290 -WG, for City Wide Fraud Risk Assessment; authorize the Administration to enter into negotiations with RSM US LLP, as the top ranked proposer; further, if the Administration is not successful in negotiating an agreement with RSM US LLP; authorize the Administration to enter into negotiations with Plante and Moran, PLLC, as the second ranked proposer; further, if the Administration is not successful in negotiating an agreement with Plante and Moran, PLLC; authorize the Administration to enter into negotiations with Baker Tilly Virchow Krause, LLP, as the third ranked proposer; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this 1/ day of Apri 1 2018. ATTEST: R FAEL E. GRANA O, CITY CLERK T:\AGENDA \2016 \01 January\RFQ2017 - 163 -WG Underwriting Services \RFQ2017 - 163 -WG- RESO v2 11 17 17,doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 3- Z6-ri� City Attorney (244, Date MAM BEA:H Resolutions - C7 Q COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 11, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2017- 290-WG, FOR CITY WIDE FRAUD RISK ASSESSMENT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH RSM US LLP, AS THE TOP RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH RSM US LLP, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PLANTE AND MORAN, PLLC, AS THE SECOND RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH PLANTE AND MORAN, PLLC; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH BAKER TILLY VIRCHOW KRAUSE, LLP, AS THE THIRD RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION Adopt the Resolution. ANALYSIS The City's recent fraud concerning the missing $3.6 million from improper ACH disbursements triggered a separate audit and fraud assessment of the City's Treasury and ACH disbursements by an outside firm, BDO Consulting. During their review they identified potential vulnerabilities in other departments and functions of the City. The consulting firm recommerrfded that in order to fully understand, identify, assess and evaluate the City's overall fraud risk, that the City should have a city -wide fraud risk assessment performed and mitigating internal controls, procedures; and policies should be documented and implemented. As a result of the report presented to the Audit Committee meeting on May 22, 2017, the Committee requested the City seek an external auditor (consultant) to perform a City wide risk assessment. The Audit Committee assisted with the scope preparation and was to participate in the selection process. The selected consulting firm shall perform City wide fraud risk assessment which should include: Identifying inherent fraud risks affecting the city operations Assessing the likelihood and impact of inherent fraud risks Determining fraud risk tolerance 645 • Examining the suitability of existing fraud controls and prioritizes residual fraud risks • Documenting the city's fraud risk profile. This assessment was to cover all areas of the City operations with the focus on fraud risks. High risk areas identified will be used by the internal audit to target the future planning of audits. Additionally, the deliverables would include a report summarizing the above points and providing the City with those areas where the City is most vulnerable to fraud and what activities put it at the greatest risk. To seek proposals for the desired services, the Administration prepared Request for Qualifications 2017- 290 -WG for City Wide Fraud Risk Assessment. RFQ PROCESS On July 26, 2017, the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ) 2017 - 290 -WG for City Wide Fraud Risk Assessment. RFQ responses were due and received on July 27, 2017. The Procurement Department issued solicitation notices to 1640 firms utilizing publicpurchase.com. 116 prospective proposers accessed the advertised solicitation. The City received proposals from the following nine (9) firms: Baker Tilly Virchow Krause, LLP, Berkeley Research Group, LLC, Carr, Riggs and Ingram, LLC, Exiger LLC, Marsh Minick, P.C., Marcum LLP, Plante and Moran, PLLC, RSM US LLP and Sierra Forensic Group. Subsequent to the receipt of proposals, Exiger LLC, requested its proposal be withdrawn from consideration. The Evaluation Committee appointed by the City Manager pursuant to LTC# 056 -2018 convened on March 9, 2018, to consider the responsive proposals received. The Committee comprised of Mark Coolidge, Interim Internal Auditor, Office of Internal Audit, City of Miami Beach, Marc Gidney, CPA, Audit Committee, Bryan Rosenfeld, CPA, Audit Committee, Ronald Starkman, Chair, Audit Committee, Deede Weithorn, CPA, Audit Committee and John Woodruff, Director, Finance Department, City of Miami Beach. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated in Attachment A, in the following order: 1st RSM US LLP 2nd Plant and More, PLLC 3rd Baker Tilly Virchow Krause, LLP 4th Berkeley Research Group, LLC 5th Marcum LLP 6th Carr, Riggs and Ingram, LLC 7th Sierra Forensic Group 8th Marsh Minick P.C. A brief description of the three top- ranked proposals, as provided in each firm's proposal submittal, fol lows. RSM US RSM is a large audit, tax, and consulting firm which combines local presence and national strength that assures that the City will receive constructive advice from experienced professionals, prompt esponses to its needs and questions, and access to a wide array of subject matter experts. Their TiBublic sector practice is the largest industry group of their Southeast region, serving hundreds of entities, including counties, cities and authorities, and their component units. 646 As previous external auditors for the City, they have become very familiar with our organization and culture. This knowledge will enable them to provide meaningful insights while assessing City. Plante and Moran Plante Moran, is one of the largest certified public accounting and management consulting firms in the nation. With a history spanning more than 92 years, their firm provides clients with financial, human capital, operations improvement, strategic planning, technology selection and implementation, cybersecurity and risk management services. Plante Moran has significant experience providing strategic consulting services to municipal governments in the State of Florida. Through these experiences they have gained strong understanding as to how municipal operations function and, as a result, a strong understanding of the underlying business processes that will be critical in assessing associated risks. Baker Tilly Virchow Krause Baker Tilly offers the resources of a nationally recognized, full - service accounting and advisory firm. They offer the City a team of highly experienced fraud, risk and government agency professionals with the level of technical capability and subject matter expertise required to help the City successfully guard against fraud risk and improve existing controls. Between all practice areas, they employ more than 490 qualified professionals who stand ready to assist the City, of which over 50 are certified fraud examiners (CFEs). Over 100 of those professionals specialize in government agency fraud risk assessments, with the remainder serving clients across diverse other industry verticals. With fraud risk assessments and government agencies being their largest areas of focus. CONCLUSION After reviewing all of the submissions and the Evaluation Committee's rankings and commentary, I concur with the Evaluation Committee and find RSM US LLP to be the best qualified firm for the project. RSM US LLP presented strong data analytic and fraud assessment capabilities, and addressed the importance of fraud awareness and avoidance training for City staff and proposed a team that has first -hand knowledge of the City. Therefore, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with RSM US LLP, as the top ranked proposer; and if unsuccessful in negotiating an agreement with RSM US LLP; authorizing the Administration to enter into negotiations with Plante and Moran, PLLC, as the second ranked proposer; and if unsuccessful in negotiating an agreement with Plante and Moran, PLLC; authorizing the Administration to enter into negotiations with Baker Tilly Virchow Krause, LLP, as the third ranked proposer; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations. KEY INTENDED OUTCOMES SUPPORTED Strengthen Internal Controls To Achieve More Accountability FINANCIAL INFORMATION Grant funding will not be utilized as part of this project. 647 Legislative Tracking Internal Audit/Procurement ATTACHMENTS: Description Aftachment A Resolution 3 Deede Weithorn 85.00 cccc9 occcc ƒ ƒ/\ k/N- /o 9 Dupl lj v R N- g c CO r e Ronald Starkman 83.00 / ƒ \ $ DOLL 50.00 89.00 / c 6uRued .- # CO # 2 & m Bryan Rosenfeld / / / \ 85.00 90.00 R / ? / ƒ ƒ #uiiu i N. t N- # , Marc Gidney f /% R 00'0L 60.00 70.00 100.00 100.00 70.00 @mum # & co 3 CO G . « & / 0 86.00 00'0L 76.00 E /// ¢ƒƒ¢ RFQ 2018 - 290 -WG for Citywide Fraud Risk Assessment Baker Tilly Virchow Krause, LLF Berkeley Research Group, LLC Carr Riggs and Ingram, LLC Marcum LLP Marsh Minick P.C. Plante Moran, PLLC RSM US LLP Sierra Forensic Group