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Resolution 2019-30843 Resolution No. 2019-30843 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 PROPOSALS (RFP) 2019-092-JC, FOR AUDITING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH RSM US LLP, ONE OF TWO FIRMS TIED AS THE TOP-RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH RSM US LLP, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH CROWE LLP, THE NEXT TOP-RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, the City of Miami Beach (the City) is required to have an annual audit performed on the City's Comprehensive Annual Financial Report (CAFR) in accordance with Florida Statutes 218.39.; and WHEREAS, in 2014, the City of Miami Beach entered into a professional services agreement with Crowe Horwath, LLP, for Auditing Services, pursuant to RFP 2014-276-LR, for three (3) years with two (2) optional one (1) year renewal periods; and WHEREAS, on February 13, 2019, the City Commission approved the issuance of RFP No. 2019-092-JC, for Auditing Services; and WHEREAS, on February 13, 2019, via Commission Memorandum, the City Manager appointed an Evaluation Committee (the "Committee"), comprised of: Bryan Rosenfeld, Audit Committee Member, City of Miami Beach; Ronald Starkman, Audit Committee Member, City of Miami Beach; Patricia Valderrama, Audit Committee Member, City of Miami Beach; and, Deede Weithorn, Audit Committee Member, City of Miami Beach; and WHEREAS, on April 8, 2019, the City received a total of nine (9) proposals from the following firms: Carr, Riggs & Ingram, CPAs & Advisors; Cherry Bekaert LLP; Clifton Larson Allen LLP; Crowe LLP; Keefe McCullough; Marcum LLP; Mauldin & Jenkins, LLC; Moore Stephens Lovelace, P.A.; and, RSM US LLP; and WHEREAS, the Committee convened on May 1, 2019, to consider the 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, as well as general information on the scope of services and a copy of each proposal, and was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP for qualitative factors; and WHEREAS, the Committee's evaluation process resulted in the following order of ranking: 1st ranked proposer(tie): RSM US LLP; 1st ranked proposer(tie): Crowe LLP; 3rd ranked proposer: Marcum LLP; 4th ranked proposer: Carr, Riggs & Ingram, CPAs &Advisors; 5th ranked proposer: Keefe McCullough; 6th ranked proposer: Moore Stephens Lovelace, P.A.; 7th ranked proposer: Clifton Larson Allen LLP; 8th ranked proposer: Mauldin & Jenkins, LLC; 9th ranked proposer: Cherry Bekaert LLP; and WHEREAS, the results of the Committee process resulted in a tie for first-ranked position between proposers Crowe LLP and RSM US LLP; and WHEREAS, after reviewing the results of the Committee process, including proposer qualifications, the City Manager furtherexercised his due diligence and, consistent with the requirements set forth in Section 218.391 of the Florida Statutes with regard to auditor selection, has recommended that the City Commission and authorize negotiations with RSM US LLP; finding that: (1) RSM US LLP's proposal is $27,410 less than Crowe LLP's proposal (price being a relevant, but not the sole or predominant factor, in addition to RSM US LLP's strong qualifications), and (2) as Crowe LLP has served as the City's outside auditor for the last five (5) years, the periodic rotation of an organization's outside auditors may be beneficial to ensuring the independence of the audit function, and therefore, this factor weighs in favor of authorizing negotiations with RSM US LLP. 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 Proposals (RFP) No. 2019-092-JC for Auditing Services; authorize the Administration to enter into negotiations with RSM US LLP, one of two firms tied as the top-ranked proposer; and, if the Administration is not successful in negotiating an agreement with RSM US LLP, authorize the Administration to negotiate an agreement with Crowe LLP, the next top-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 r day of Ttine. 2019. Dan Gelber, Mayor ATTEST: !'9 Rafael /di.... ‘9,,,,.. ado, City Clerk APPROVED AS TO FORM&LANGUAGE. &FOR EXECUTION s j 5, J (41 INCORP OpMEDA; City Attorney Date y �/R4�'Q C`a.rror;i�� Resolutions -C7 F MIAMI BEACH • COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 5, 2019 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 PROPOSALS (RFP) NO. 2019-092-JC, FOR AUDITING SERVICES. RECOMMENDATION Adopt the Resolution. ANALYSIS The City of Miami Beach (the City) is required to have an annual audit performed on the City's Comprehensive Annual Financial Report (CAFR) in accordance with Florida Statutes 218.39. Other audits are required to be conducted in accordance with the U.S. Office of Management and Budget (OMB) Circulars, Bonded Debt Covenants, Performance Management and/or Grant Agreements. Each audit herein must be conducted by an independent audit firm. In 2014, the City of Miami Beach entered into a professional services agreement with Crowe Horwath, LLP, for Auditing Services, pursuant to RFP 2014-276-LR, for three (3) years with two (2) optional one (1)year renewal periods, with costs ranging from $228,000 to $248,600 on a per year basis. In consideration of the approaching expiration of the current contract with Crowe Horwath, the Administration is requesting a replacement contract for the continuation of the annually required auditing services. Pursuant to the above requirements, the City is required to procure 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) and the financial statements of the Miami Beach Redevelopment Agency's (RDA) , the Parking Systems Fund's (PSF) , the Miami Beach Visitor and Convention Authority's (VCA), the Miami Beach Convention Center (MBCC), as managed by Global Spectrum (GS), the Safe Neighborhood Parks and Bond Program (SNP), Children Trust (CT) and Building Better Communities (BBC). Therefore, by way of RFP 2019-092-JC, the City seeks to fulfill this statutory requirement. The solicitation was reviewed and approved by the Audit Committee with the addition of a provision at least two senior auditors for the duration of the engagement. Auditing services shall provide the City with an annual audit on the City's Comprehensive Annual Financial Report (CAFR), in accordance with Florida Statutes 218.39. Additionally, it is important to Page 291 of 868 note that, pursuant to Section 218.39, Florida Statutes, the evaluation committee for this project shall be the City's Audit Committee. On February 13, 2019, the City Commission approved the issuance of the RFP No. 2019- 092-JC, Auditing Services, which was issued on February 14, 2019. The Procurement Department issued solicitation notices to 513 firms utilizing www.publicpurchase.com. 60 prospective proposers accessed the advertised solicitation. A voluntary pre-proposal conference to provide information to the proposers submitting a response was held on February 25, 2019. RFP responses were due and received on April 8, 2019. The City received a total of nine (9) proposals from the following firms: • Carr, Riggs & Ingram, CPAs &Advisors • Cherry Bekaert LLP • Clifton Larson Allen LLP • Crowe L LP • Keefe McCullough • Marcum LLP • Mauldin&Jenkins, LLC • Moore Stephens Lovelace, P.A. • RSM US LLP The Evaluation Committee was approved via Commission Memorandum on February 13, 2019. The Evaluation Committee, comprised of Audit Committee members as required by Florida Statutes, convened on May 1, 2019, to consider proposals received. The Committee was comprised of the following: Bryan Rosenfeld, Audit Committee Member, City of Miami Beach; Ronald Starkman, Audit Committee Member, City of Miami Beach; Patricia Valderrama, Audit Committee Member, City of Miami Beach; and, Deede Weithom, Audit Committee Member, 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 each proposal pursuant to the qualitative evaluation criteria established in the RFP. The RFP stipulated that points for cost would be added to the qualitative scores established by the Evaluation Committee to determine an overall ranking for all proposals evaluated. The evaluation process (qualitative and quantitative, as stipulated in the RFP) resulted in the ranking of proposers as indicated in Attachment A, in the following order: 1st — Crowe LLP (tied) 1st — RSM US LLP (tied) 3rd_ Marcum LLP 4th— Carr, Riggs & Ingram, CPAs &Advisors 5th— Keefe McCullough 6th— Moore Stephens Lovelace, P.A. 7th_ Clifton Larson Allen LLP 8th— Mauldin &Jenkins, LLC 9th— Cherry Bekaert LLP CONCLUSION Page 292 of 868 In reviewing the proposals received, I find that the City is fortunate to have received nine (9) responses to the RFP from well qualified firms. In reviewing the results of the Evaluation Committee process, I note that the process resulted in a tie for top ranking between Crowe LLP ("Crowe") and RSM US LLP ("RSM"). Both firms appear to be very well qualified; and, in fact, Crowe is the City's current audit firm, since being awarded in October 2014, and RSM has served as the audit firm prior to Crowe. Either firm can perform the required services without any concerns. However, I find the RSM proposal offers the City two primary benefits over the Crowe proposal. First, RSM provided a lower overall cost to the City for the required services which is $27,500 lower than Crowe's proposal. Second, I believe it is good practice to rotate audit firms periodically to make sure the City's audits are benefiting from a fresh perspective every couple of years. While there are differences of opinion regarding the issue of rotating auditors, the Government Finance Officers Association (GFOA), in its best practices for audit procurements, has opined that "governmental entities should undertake a full-scale competitive process for the selection of independent auditors at the end of the term of each audit contract." In cases where, fully qualified firms are not available to compete for an agency's audit contracts, GFOA believes that contract rotations may be counterproductive. However, that is not the case here with two fully qualified firms available to serve the City. Therefore, I recommend that the Mayor and City Commission authorize negotiations with RSM US LLP first. If the Administration is unable to successfully negotiate an agreement with RSM US LLP, I recommend negotiations with Crowe LLP. Finally, I recommend that the Mayor and City Clerk be authorized to execute the'agreement with the selected firm. KEY INTENDED OUTCOMES SUPPORTED Strengthen Internal Controls To Achieve More Accountability Legislative Tracking Finance/Procurement ATTACHMENTS: Description _ 1 Page 293 of 868