R22-0011 RESOLUTION NO. R22- 001
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
5 FIRST AMENDMENT AND CONSENT TO ASSIGNMENT OF
6 PROFESSIONAL AUDITING SERVICES AGREEMENT IN ORDER TO
7 ASSIGN THE CURRENT AGREEMENT WITH CALEB, DONTEN, LEVINE,
8 COHEN, PORTER & VEIL, P.A. TO MARCUM, LLP; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, on November 18, 2021, Caler, Donten, Levine, Cohen, Porter & Veil, P.A.
12 ("CDL") notified the City of Boynton Beach ("City") that CDL recently agreed to merge with
13 Eisner Advisory Group LLC d/b/a EisnerAmper effective November 30, 2021; and
14 WHEREAS, EisnerAmper does not perform governmental audit engagements;
15 therefore, CDL has requested that the City of Boynton Beach consent to the assignment of
16 the CDL's Professional Audit Services Agreement ("Agreement") to Marcum, LLP; and
17 WHEREAS, pursuant to Paragraph 13 of the Agreement between CDL and the City of
18 Boynton Beach, entered into and effective on November 17, 2017, the City of Boynton Beach
19 and CDL hereby mutually consent to the assignment of the Agreement in its entirety to
20 Marcum, LLP; and
21 WHEREAS, the City Commission has determined that it is in the best interests of the
22 residents of the City to approve and authorize the City Manager to execute a First
23 Amendment and Consent to Assignment of Professional Auditing Services Agreement in
24 order to assign the current Agreement with Caler, Donten, Levine, Cohen, Porter & Veil, P.A.
25 to Marcum, LLP in accordance with Paragraph 13 of the Agreement.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
27 BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESOUgr ents\Amendmrnt and Consent to Assignment of Auditing Services Agreement - Resod—
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
31 Section 2. The City Commission does hereby approve and authorize the City
32 Manager to execute a First Amendment and Consent to Assignment of Professional Auditing
33 Services Agreement in order to assign the current Agreement with Caler, Donten, Levine,
34 Cohen, Porter & Veil, P.A. to Marcum, LLP in accordance with Paragraph 13 of the Agreement,
35 a copy of the Amendment and Consent to Assignment is attached hereto and incorporated
36 herein as Exhibit "A".
37 Section 3. This Resolution shall become effective immediately upon passage.
38
39 PASSED AND ADOPTED this 4th day of January, 2022.
40 CITY OF BOYNTON BEACH, FLORIDA
41
42
43
44
45
46
47
48
49
50
51
52
53
54 ATTEST:
55
56
57Q�rystal Gibso , MMC
5 City Clerk
60 (Corporate Seal)
Mayor - Steven B. Grant
Vice Mayor - Woodrow L. Hay
Commissioner -Justin Katz
Commissioner - Christina L. Romelus
Commissioner - Ty Penserga
a �INCORPBitAiE(}
aw,rw ►mss
SACA\RESO\Agre cntsWnrndment end Consent to Aasignmeni�l4 ''S�rvices Agreement - Reso.docx
LIM911111
First Amendment and Consent to Assignment of Professional Auditing Services Agreement
On November 18, 2021, Caler, Donten, Levine, Cohen, Porter & Veil, P.A. ("CDL") notified the
City of Boynton Beach ("City") that CDL recently agreed to merge with Eisner Advisory Group
LLC d/b/a EisnerAmper effective November 30, 2021, correspondence which is appended hereto
as Exhibit "A" and incorporated herein by reference. EisnerAmper does not perform governmental
audit engagements; therefore, CDL has requested that the City of Boynton Beach consent to the
assignment of the CDL's Professional Audit Services Agreement ("Agreement") to Marcum, LLP.
EisnerAmper has agreed to consent to such assignment.
Pursuant to Paragraph 13 of the Agreement between CDL and the City of Boynton Beach, entered
into and effective on November 17, 2017, the City of Boynton Beach and CDL hereby mutually
consent to the assignment of the Agreement in its entirety to Marcum, LLP.
All references in the Agreement to "Caler, Donten; Levine, Cohen, Porter & Veil, P.A." shall now
refer to the entity known as Marcum, LLP. Marcum, LLP shall now be deemed by the City to be
successor in interest to "Caler, Donten, Levine, Cohen, Porter & Veil, P.A." under the terms of the
Agreement, and Marcum, LLP hereby agrees to be bound by all terms contained in such
Agreement. Each and every other paragraph and subparagraph of the Agreement shall remain in
full force and effect as previously agreed upon.
The undersigned have executed this First Amendment and Consent to Assignment of Professional
Auditing Agreement this l -44-� day of Naa&A 200(9,.
City of Boynton Beach
By:
Name: Lori LaVerriere
Title: City Manager
MPR I
AS Ms
CITY ATTORNEY
Marcum, LLP
By:
N tne:`MoisesD. ,CPA
le: Partner ,�
Caler, Donten, Lev' Cohen, Porter &
Veil, P
By: -
Name: Scott Porter, CPA
Title: Shareholder
001