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C7B-Accept Recommendation Audit Services Of Capital Improvement ProjectsCOMMISSION ITEM SUMMARY Condensed Title: 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 Proposals, Pursuant To Request For Proposals (RFP)No. 0064-2013, For Audit Services Of Capital Improvement Projects. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: The proposed audit will focus primarily on the City's capital projects. It should cover the review of the process the departments utilize to take a capital project from the beginning to final completion. In addition, it should include a review of capital improvement projects under the administration of the divisions within the Public Works Department. Internal controls over these processes should be reviewed for adequacy and effectiveness. The audit(s) will cover a three year period from October 1, 2009 through September 30, 2012. On December 12, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 064-2013 for Audit Services of Capital Improvement Projects. The RFP was issued on February 22, 2013, with an opening date of April4, 2013. The solicitation was advertised and notices were released to prospective proposers. Proposals were received from two (2) firms. On February 20, 2013, the City Manager via Letter to Commission (LTC) No. 166-2013, appointed an Evaluation Committee (the "Committee"). The Committee convened on June 12, 2013, to consider proposals received and interview proposing firms and submit a recommendation to the City Manager. After considering the review of the recommendation of the Committee, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission enter into negotiations with Marcum LLP; and should the administration not be successful in negotiating an agreement, authorizing negotiations with Resolution Management Consultants; and should the administration not be successful in negotiating an agreement, authorizing negotiations with, Crowe Horwath LLP. RECOMMENDATION ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amoun Funds: t 1 $85,000 ! t 2 OBPI Total $85,000 Financial Impact Summary: 011-0330-000312 City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 MIAMI BEACH 198 Account City JLM AGENDA ITEM --=C.:..._7:.....8:::.-_ DATE ]-/7-/?;; MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: July17,2013 COMMISSION MEMORANDUM SUBJECT: A RESOLUTION OF THE M OR AND CITY COMMISSION OF THE CITY OF MIAMI BEAC , FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSAS (RFP) NO. 064-2013, FOR AUDIT SERVICES OF CAPITAL IMPROVEMENT PROJECTS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve the City's overall financial health and maintain overall bond rating. FUNDING Account Number: 011-0330-000312-Professional Services BACKGROUND The City has a Capital Improvement Plan which specifies financing and construction and/or acquisition for projects and priorities that require significant capital investment for a five-year period. This plan is updated annually and adopted by the City Commission. A capital project is defined as capital expenditures of $25,000 or more, resulting in the acquisition, improvement, or addition to fixed assets in the form of land, buildings, or improvements more or less permanent in character, and durable equipment with a life expectancy of at least five years. The City handles a significant amount of capital improvement projects. The majority are administered under the City's Capital Improvement Projects (CIP) Office. However, other departments such as the Public Works Department (including the Property Management Division), the Parks and Recreation Department, and the Convention Center also administer capital improvement projects within the City. The City established the CIP Office in 2001 to serve as a focal point for the planning and construction management activities associated with the extensive capital projects work being funded by the authorized General Obligation, Water and Sewer, and Storm Water Bonds funding at the time. The total value of the City's capital improvement program has grown from approximately $400 million to over $1.2-Billion, including about 300 completed projects. The Cl P Office is presently managing over 170 active projects through their project life cycle. Although the CIP Office has been supported in the past by Program Manager firms (H&S and URS), those services were gradually reduced and eventually phased out during Fiscal Year 2008/09. With active projects valued at approximately $700M, the CIP Office will face its biggest challenge, to advance the majority of these projects, including the recently acquired Capital Renewal and Replacement projects, to completion within the next five years. 199 Commission Memorandum-RFP #064-2013 Audit Services of Capital Improvement Projects July 17, 2013 Page2 CIP staff is comprised of departmental administration, project managers with different levels of experience and responsibility, financial managers, field inspectors, community information coordinators and administrative personnel. Other City Departments also provide management of some specialized projects. For example, the Public Works Department provides construction management for environmental projects and some utility projects, while the Parks and Recreation Department provides management of some landscaping projects. The proposed audit will focus primarily on the City's capital projects. It should cover the review of the process the departments utilize to take a capital project from the beginning to final completion. In addition, it should include a review of capital improvement projects under the administration of the divisions within the Public Works Department. Internal controls over these processes should be reviewed for adequacy and effectiveness. The audit(s) will cover a three year period from October 1, 2009 through September 30, 2012. RFP PROCESS On January 16, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 064-2013 for Audit Services of Capital Improvement Projects (RFP). RFP No. 064-2013 was issued on February 22, 2013, with an opening date of April 4, 2013. A pre-proposal conference to provide information to the proposers submitting a response was held on March 6, 2013. Six (6) prospective proposers downloaded the solicitation from The Public Group. Additionally, the Procurement Division notified 31 additional proposers via e-mail, which resulted in the receipt of the following four (4) responsive proposals: 1. Crowe Horwath LLP 2. Marcum LLP 3. Resolution Management Consultants, Inc. 4. RW Block Consulting, Inc. On May 7, 2014, the City Manager via Letter to Commission (LTC) No. 166-2013, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Peter Savineau, Accountant, Resident and Neighborhood Leadership Academy Graduate. • Lea Reich, Accountant, Resident and Neighborhood Leadership Academy Graduate. • Max Berney, Architect, Resident and Neighborhood Leadership Academy Graduate. • Reyna Tamayo, Accountant, Resident and Neighborhood Leadership Academy Graduate. • Allison Williams, Chief Accountant, City of Miami Beach Finance Department. • Laura Franco-Rubines, Assistant Internal Auditor, City of Miami Beach OBPI/Internal Audit. • Maria Cerna, Senior Capital Project Coordinator, City of Miami Beach CIP. The following individuals were appointed as alternates: • Douglas Seaman, Assistant City Engineer, City of Miami Beach Public Works. • Christi Cvijanovic, Architect, Resident and Neighborhood Leadership Academy Graduate. Lea Reich and Max Berney, both residents, were not able to attend the meeting. Christi Cvijanovic, also a resident, was added to the committee as a replacement. Laura Franco- Rubines, Assistant Internal Auditor, City of Miami Beach OBPI/Internal Audit, was unable to 200 Commission Memorandum -RFP #064-2013 Audit Services of Capital Improvement Projects July 17, 2013 Page 3 attend the evaluation meeting and was replaced by James Sutter, Internal Auditor, City of Miami Beach OBPI/Internal Audit. The Committee convened on June 12, 2013, to consider proposals received. In addition to the proposals received, the Committee 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. The Committee was also provided with general information on the scope of services, Performance Evaluation Surveys, and additional pertinent information from all responsive proposers. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, which was as follows: Evaluation Criteria/Factors: Weight 1. Firm's Experience in Auditing Services on Similar Type Projects 20 points 2. Qualifications of Project Team on Similar Type Projects 20 points 3. Methodology and Approach 20 points 4. References Provided by Prior Clients 15 points 5. Fees 25 points Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to 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. No proposer was eligible for Local preference. 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. One (1) proposer was eligible for Veterans preference. The Committee discussed the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly. The Committee's preliminary rankings are as follows: PRELIMINARY COMMITTEE RAN KINGS Resolution Management Consultants, Inc. Marcum LLP Crowe Horwath LLP R W Block Peter Savinea u Consultin , Inc. 69 Reyna Tamay 0 Christi Cvijanovi c Maria Cern a Allison William s Jame s Sutter Low Aggregat e Totals After the all the scores were tallied, Resolution Management Consultants Inc., and Marcum LLP, tied with twelve (12) low aggregate totals. In order to break the tie, the Committee deliberated on the scores received and the qualifications of each firm. Following Committee deliberations, a motion was presented by the Committee Chair, James Sutter, and seconded 201 Commission Memorandum-RFP #064-2013 Audit Services of Capital Improvement Projects July 17, 2013 Page 4 by Maria Cerna, that the committee recommend that the Administration enter into negotiations with Resolution Management Consultants Inc.; and should negotiations not be successful with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Marcum LLP; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Crowe Horwath LLP. The motion presented by Mr. Sutter failed. Following the failure of the first motion, the Committee discussed that: the proposed price submitted by Resolution Management Consultants Inc., was subject to assumptions and limitations which could result in the final proposed price to increase substantially; that Resolution Management Consultants, is not registered to do business in the State of Florida, meaning they might not know the laws of the state; and that Resolution Management Consultants was proposing a subcontractor and the committee was not comfortable with this arrangement as there was no indication in their proposal that they are previously work together to provide similar services as both firms were located in different states. A second motion was made by Committee member Peter Savineau, and seconded by Allison Williams, that the Administration: enter into negotiations with Marcum, LLP; and should negotiations not be successful with this firm, authorizing negotiations with Resolution Management Consultants; and should negotiations not be successful with this firm, authorizing negotiations with, Crowe Horwath LLP. The motion presented by Mr. Savineau passed, with four (4) committee members in favor and two (2) against. Following the successful motion presented by Mr. Savineau, Committee Member Christi Cvijanovic presented a third motion, which was seconded by Maria Cerna, that the Committee rescind the previous successful second motion and recommend that: that the Administration enter into negotiations with Resolution Management Consultants Inc.; and should negotiations not be successful, authorizing negotiations with, Marcum LLP; and should the Administration not be successful in negotiating an agreement, authorizing negotiations with Crowe Horwath LLP. The motion presented by Ms. Cvijanovic failed. MARCUM LLP PROFILE Marcum LLP was established in 1951 and is one of the largest independent public accounting and advisory firms in the nation with over 1,100 professionals, including more than 125 partners, in twenty (20) offices throughout the United States. Their spectrum of services include: assurance, advisory, and tax services along with information system capabilities. Related services for governmental services include GFOA Certificate of Achievement for Excellence in Financial Reporting Program; experience in financial and single audits; and construction audit and assurance services. Marcum is proposing to complete the services in a three (3) month period. Marcum's public sector services' is one of its primary sectors and focuses on local governments, not for profit organizations and other governmental entities. Marcum is a premier provider of construction audit, tax and consulting services. Marcum's fee proposal assuming a risk assessment of "high" (sample size = 102 contracts) is $83,1 00; and their fee proposal assuming a risk assessment of "low" (sample size = 71 contracts) is $67,840. Marcum listed the following audits related to construction projects: • University of Connecticut, Audit Construction Expenditures, 2007 -2010 • Connecticut State University, Audit Construction Program, 2009-2011 202 Commission Memorandum -RFP #064-2013 Audit Services of Capital Improvement Projects July 17, 2013 Page 5 RESOLUTION MANAGEMENT CONSULTANTS, INC. Resolution Management Consultants, Inc. (RMC) is a nationally consulting firm providing services related to construction project management, construction claims avoidance, contract compliance audit, forensic construction scheduling and claims analysis/dispute resolution to a variety of clients in the construction industry. Founded in 1993 by veterans in the construction contracting and engineering professions, RMC staff includes firm principals and senior staff who are registered professional engineers, certified cost engineers, accredited LEED professionals, certified forensic claims consultants, and established testifying experts who have participated in settlement conferences, mediation, arbitration and trial. Their sub- consultant, DavisWren CPA & Associates, Inc., is a full service CPA firm and a veteran owned small business, domiciled in the State of Florida that offers an array of accounting and consulting services. DavisWren professionals have extensive auditing experience (both external and internal) and specific industry experience including government, construction, transportation and distribution, manufacturing, publicly traded companies, and non-profit organizations. RMC is proposing an audit schedule to last nine (9) weeks from the kickoff meeting to the final report assuming that documentation is made available and interviews are scheduled as outline in their proposal. They are proposing a fee of $74,300. Nevertheless, the proposed price is subject to the numerous assumptions and limitations as outlined in their proposal such as: City to appoint a primary point of contact who will work with their team to facilitate requests; that the work can be completed within the allotted nine (9) week time frame; that there will be one draft, review and finalization round for the report; additional rounds of review and modifications will be billed on an hourly basis based upon the rates quoted; travel and expenses based upon the approached outline in the scope of work. Should work extend beyond the 9 week schedule, additional trips will likely prove necessary and will be reimbursed at cost with a 10% markup; work in addition to scope described in their proposal or extending beyond the 9 week schedule will be billed at the hourly rates included in the cost proposal. MANAGER'S DUE DILIGENCE After considering the review of the recommendation of City staff, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission enter into negotiations with Marcum LLP; and should the administration not be successful in negotiating an agreement, authorizing negotiations with Resolution Management Consultants, Inc.; and should the administration not be successful in negotiating an agreement, authorizing negotiations with, Crowe Horwath LLP. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals (RFP) No. 064-2013 for Audit Services of Capital Improvement Projects; authorizing the administration to enter into negotiations with Marcum LLP; and should the administration not be successful in negotiating an agreement, authorizing negotiations with Resolution Management Consultants, Inc.; and should the administration not be suc~sful in negotiating an agreement, authorizing negotiations with Crowe Horwath LLP. JLM I Kde1AO I LR T:\AGENDA\2013\July 17\RFP 064-2013 Audit Services of Capital improvement Projects-Memo Final. doc 203 RESOLUTION TO BE SUBMITTED 204 THIS PAGE INTENTIONALLY LEFT BLANK 205