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C7B-Execute Amendments Audits Of Resort Taxes And For Other Internal AuditsCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The City Manager's Recommendation Pertaining To RFP No. 23-09/10 For Audits of Resort Taxes And Other Internal Audits As Needed, Authorizing The Administration To Enter Into Negotiations, And Authorizing the Mayor And City Clerk to Execute Agreements. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the City Commission adopt the resolution? Item Summary/Recommendation: The Mayor and City Commission at its May 12, 2010 City Commission meeting, passed and adopted Resolution No. 201 0-27382, which accepted the City Manager's recommendation pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 23-09/10 for Auditing Services; authorized the Administration to enter into negotiations with Jefferson Wells International, Inc.; TCBA Watson Rice, LLP; RGL Forensics; Marcum Rachlin; and Sharpton, Brunson & Company for audits of resort taxes; and with the firms of Jefferson Wells International, Inc.; Marcum Rachlin; TCBA Watson Rice, LLP; RGL 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. During the contract year resort tax audits were assigned to all firms. No assignments were made for other internal audits as needed. Sharpton and Brunson pulled out of the agreement and were no longer able to perform the audits. The remaining firms were asked if they would renew their agreements on the same terms and conditions. Jefferson Wells International, Inc declined. The other three firms agreed to the renewal of the agreements with the same terms and conditions. Each agreement was for one year with two one year renewals. It was the intention to have the renewal options per the agreements renewed by the City Manager. Therefore it is recommended to amend section 4.3 (Terms) to allow renewals for the second option year by the City Manager at his sole option and discretion. ADOPT THE RESOLUTION Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Approved Funds: 1 Professional Services Account $106,000 No. 160-0330-000312 for Resort ~ Tax Audits 2 3 OBPI Total $106,000 Financial Impact Summary: islative Trackin 163 AGENDA IT'EM _C_7_B--::-c---:-- DATE J)-1 Cf-1/ ~ MIAMI BEACH - City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~ December 14,2011 U L/ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND TCBA WATSON RICE LLP; RGL FORENSICS; AND MARCUM RACHLIN; FOR THE AUDITS OF RESORT TAXES AND FOR OTHER INTERNAL AUDITS AS NEEDED, DATED OCTOBER 22, 201 0; SAID AMENDMENTS APPROVES THE FIRST YEAR RENEWAL OPTION OF THE AGREEMENTS AND FURTHER AMENDS SECTION 4.3 (TERMS) TO ALLOW RENEWAL BY THE CITY MANAGER AT HIS SOLE OPTION AND DISCRETION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $98,000 Funding is available from Professional Services Account No. 160-0330-000312 for Resort Tax Audits BACKGROUND The Mayor and City Commission at its May 12, 2010 City Commission meeting, passed and adopted Resolution No. 2010-27382, which accepted the City Manager's recommendation pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 23-09/1 0 for Auditing Services; authorized the Administration to enter into negotiations with Jefferson Wells International, Inc.; TCBA Watson Rice, LLP; RGL Forensics; Marcum Rachlin; and Sharpton, Brunson & Company for audits of resort taxes; and with the firms of Jefferson Wells International, Inc.; Marcum Rachlin; TCBA Watson Rice, LLP; RGL 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. ANALYSIS The purpose of this resolution is to recommend the first year renewals of three agreements with the firms TCBA Watson Rice, LLP; RGL Forensics; and Marcum Rachlin pursuant to RFP 23-09/10 and to amend the section 4.3 of agreements to allow renewal for the second option year by the City Manager at his sole option and discretion. Agreements were negotiated between the five firms for audits of resort taxes and for other 164 Commission Memorandum December 14, 2011 Page 2 of2 internal audits as needed. Four out of the five agreements between TCBA Watson Rice, LLP; RGL Forensics; Marcum Rachlin; and Sharpton, Brunson & Company had start dates of October 22, 2010. The agreement with Jefferson Wells International, Inc, had a start date of November 15, 2010. The sixth company, CroweHorwath, LLP, could not reach terms for audit services of other internal audit as needed, therefore no agreement was executed. During the contract year resort tax audits were assigned to all firms and the following audits were completed. Firm Number of audits Total Amount completed Paid TCBA Watson Rice, LLP 16 $14,800 RGL Forensics 17 18,974 Marcum Rachlin 13 13,920 Sharpton, Brunson & Company 9 6,800 Jefferson Wells International, Inc 24 23,600 79 $78,094 No assignments were made for other internal audits as needed. During the contract term, Sharpton and Brunson pulled out and were no longer able to perform the audits. Near the end of the agreements, the remaining firms were asked whether they were interested in renewing their agreements on the same terms and conditions. Jefferson Wells International, Inc declined due their difficulty in covering costs with the fees paid by the City and an increase of fees would be necessary. The other three firms, TCBA Watson Rice, LLP; RGL Forensics; and Marcum Rachlin, agreed to the renewal of the agreements with the same terms and conditions. Each agreement was for one year with two one year renewals. It was the intention to have the renewal options per the agreements renewed by the City Manager rather than presenting the renewal options to the City Commission. Therefore it is recommended to amend section 4.3 (Terms) to allow renewals for the second option year by the City Manager at his sole option and discretion. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, which authorizes the first year renewal of the agreements with TCBA Watson Rice, LLP; RGL Forensics and Marcum Rachlin for audits of resort taxes and for other internal audits as needed; and further authorize to amend the section 4.3 of agreements to allow renewal for the second option year by the City Manager at his sole option and discretion. T:\AGENDA\2011\12-14-11\Resort tax Audits Renewal12-14-11 Memo.doc 165 RESOLUTION TO BE SUBMITTED 166