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1st Amendment 12/13/2023 �°�fc° Kevin Madok,° CPA Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: December 14, 2023 TO: Christine Limbert-Barrows, Assistant County Attto�rney FROM: Pamela G. Hancocl 'tt C. SUBJECT: December 13t'BOCC Meeting Attached is an electronic copy of the following item for your handling: D4 1'Amendment to Agreement with Cherry Bekaert Advisory LLC for Professional Services for Forensic Auditing to add Risk Assessment Services. Should you have any questions please feel free to contact me at(305) 292-3550. cc: Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 38050 Plantation Key,Florida 33070 Plantation Key,Florida 330' 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AMENDMENT 1 TO AGREEMENT WITH CHERRY BEKAERT FOR PROFESSIONAL SERVICES FOR FORENSIC AUDITING TO ADD RISK ASSESSMENT SERVICES THIS AMENDMENT 1 to the Agreement for Professional Forensic Auditing Services dated November 9, 2023 is entered into this 13 H- day of December 2023, between Monroe County, hereafter the "COUNTY" and Cherry Bekaert Advisory, LLC, hereafter referred to as "Cherry Bekaert", "CONSULTANT" or "CONTRACTOR". WHEREAS, the Monroe County Board of County Commissioners (BOCC) at their November 8t", 2023 meeting authorized the County Administrator to execute an Agreement with Cherry Bekaert for Forensic Auditing Services; and WHEREAS, on November 9t", 2023, the parties executed a contract for Professional Services for Forensic Auditing (Agreement); and WHEREAS, on November 16t"7 2023, the Tourist Development Council (TDC) approved hiring Cherry Bekaert to provide a Risk Assessment of the TDC as set forth in more detail in the Scope of Work attached hereto as Attachment A; and WHEREAS, the Agreement provides under Article III- Additional Services that the Consultant may provide additional services as requested by the County; and WHEREAS, the parties seek to amend the Agreement to add Risk Assessment Services as set forth in Attachment A as an additional service; and NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and CONSULTANT wish to amend the Agreement as follows: 1. In Accordance with Article III, Additional Services: The parties hereby amend the Agreement to add the Scope of Work (SOW) as set forth in Attachment A as an Additional Service. The Compensation for these services shall not exceed $150,000.00. 2. In all other respects, the Agreement dated November 9, 2023, remains in full force and effect. 12.13.23 —Amendment 1 —Cherry Bekaert 1 IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be executed by its duly authorized representative. Consultant Cherry Bekaert Advisory LLC Signature 10/21/2023 Date Managing Director •- 1� 23 r BOARD OF COUNTY COMMISSIONERS in Madok, Clerk OF MONROE COUNTY, FLORIDA fyr = �ouary By: By: As Deputy Clerk Mayor/Chair c C7 MONROE COUNTY A17ORNL-Y �.._I � `•— /f f APPRpYED AS TO FORA7: �� � .--r_ ty(AI1CItnOS('lesOrl-1—i'YilOd1AA CHRISTTNE LIMBERT-BARROWS ry - -- ASSISTANT COUNTY ATTORNEY �i C DATE.- 11/24/23 O C-? rr, 12.13.23—Amendment 1 —Cherry Bekaert 2 Attachment A Monroe County Tourist Development Council Risk Assessment Services (IIII '1 Bekaert 069111160 (wad��aa Gt,,fhJe Fowewa rrd SCOPE OF SERVICES Cherry Bekaert Advisory LLC ("Cherry Bekaert") will perform a risk assessment of the TDC. The goal of this assessment is to help position the TDC to leverage their systems of internal control to better manage risk, enable growth and promote sustainable operations. Procedures shall include the following: • Perform a Risk Assessment of the TDC internal controls over compliance and financial risks. • Identify the High-Risk Areas and Potential Gaps and Best Practices. • Define a Road Map to close identified gaps taking into consideration risk, time and cost elements. In addition to the above procedures, we will: • Perform an assessment of the financial management needs of the organization, including staff positions that are needed to process and oversee the TDC budget and finances. • Provide ongoing advice/guidance related to the implementation of the Road Map at TDC. Project Deliverables Deliverables are specific to the activities defined above: ► A risk assessment for the TDC to include updated High-Risk Areas, Potential Gaps and Best Practices. ► Roadmap for addressing identified gaps. ► Executive level presentation summarizing observations related to our detailed risk assessment as well as our observations related to our assessment of the financial management needs of the organization. Timing&Location of Services We will work with you to define an agreed upon schedule that accommodates both the TDC and Cherry Bekaert's resource availability. We expect our services will be performed remotely. However, should we need to travel to the TDC, we will obtain your approval prior to incurring any travel costs and will bill you for travel costs using established government rates. PROFESSIONAL FEES The services in this arrangement letter are intended to be performed on a time and materials basis because the nature and extent of consulting procedures are subject to the maturity of current control practices. Rates by level for our Risk Assessment services per the Florida Department of Management Services State Term Contract 84111600-20-1 For Financial and Performance Audits are shown in the following table. 1 1 is b g e Monroe County Tourist Development Council Risk Assessment Services ialmmmlmiffim Partner/Managing Director $260 Senior Consultant $195 Consultant $142 Junior Consultant $110 These estimates are provided for budgetary purposes only. The amount billed under this agreement will not exceed $150,000 without the TDC's prior written approval. The NTE amount is based on the assumption that we will conduct up to 10 workshops/interviews as part of the risk assessment. Our fees will be billed periodically as charges are incurred and are payable in 30 days upon presentation of invoice. ASSUMPTIONS Our services and related fee estimates are based on several assumptions: ■ All data required to perform the stated procedures is assumed to be readily available. ■ TDC personnel are knowledgeable of the in-scope accounting and management processes, and all personnel are readily available and accessible to demonstrate as-is processes. ■ We will work under the direction of the TDC, the County's Office of Management and Budget and County Attorney. ■ In addition to working with the TDC, we will work with the County's Office of Management Budget and County Attorney on providing guidance related to procurement compliance and processing of invoices. ■ Procedures will not validate the accuracy of financial statements nor constitute an audit of internal controls over financial reporting. ■ TDC initiated changes to agreed upon scope, timing or schedule are provided with a minimum of two calendar weeks of advanced notice Failure to meet above assumptions may impact timing of engagement or require additional fees. 21 is b g e AC . CERTIFICATE OF LIABILITY INSURANCE 10/31/2023'") THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-847-385-6800 CONTACT Cathy Kuehl Edgewood Partners Insurance Center PHONE FAX Lemme, a division of EPIC A/C No Ext: 847-385-6800 (A/C,No): E-MAIL PSGCerts@lemme.com 111 West Campbell ADDRESS: 4th Floor INSURER(S)AFFORDING COVERAGE NAIC# Arlington Heights, IL 60005 INSURERA: Arch Insurance (UK) Limited and Various INSURED INSURER B: Cherry Bekaert Advisory LLC INSURER Cherry Bekaert LLP : 3800 Glenwood Avenue INSURERD: INSURER E: Raleigh, NC 27612 INSURERF: COVERAGES CERTIFICATE NUMBER: 69983121 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE S( RENTED CLAIMS-MADE PREMISES Ea occurrence) ccurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLALIAB OCCUR A IK ' EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE i 9 ,� m ,,, AGGREGATE $ By- DED RETENTION$ $ WORKERS COMPENSATION 11 13DATE- .23 PER OTH- AND EMPLOYERS'LIABILITY """""""""�""� m STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE YI w E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A WAMM (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability FN2313454 10/30/23 10/30/24 Each Claim 3,000,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County, Florida BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Lesley.Delahanty@lemme.com LEM 69983121