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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