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2nd Amendment 04/17/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 18, 2024 TO: Ammie Machan, Administrative Assistant Tourist Development Council FROM: Liz Yongue, Deputy Clerk SUBJECT: April 17, 2024 BOCC Meeting The following item has been executed and added to the record: D35 2nd Amendment to Agreement with Cherry Bekaert Advisory LLC for Professional Services for Forensic Auditing to add additional compensation in an amount not to exceed $75,000 and to extend the audit completion date to April 30, 2024. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT 2 TO AGREEMENT WITH CHERRY BEKAERT FOR PROFESSIONAL SERVICES FOR FORENSIC AUDITING THIS AMENDMENT 2 to the Agreement for Professional Forensic Auditing Services dated November 9, 2023 is entered into this 17T" day of April 2024, 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 executed 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; and WHEREAS, Amendment 1 to the Agreement to add a Risk Assessment of the TDC was approved by the BOCC at their December 13, 2023 meeting; and WHEREAS, The Consultant seeks additional compensation and additional time to complete the audit in order process additional information obtained through additional on-site interviews and completion of work related to that information; and WHEREAS, the parties seek to amend the Agreement to add additional compensation in an amount not to exceed $75,000 and to extend the completion date of the audit to April 30, 2024 as needed; and NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and CONSULTANT wish to amend the Agreement as follows: 1. Article VII Compensation and Term, Paragraph 7.1 shall be amended to add the following: The County shall pay the Consultant on a monthly basis an additional amount not to exceed $75,000.00 based upon hourly rates and estimated staff hours for the completion of forensic auditing services as follows: 4.17.24—Amendment 2—Cherry Bekaert 1 Personnel Estimated Hours Hourly Rate Total * Partner/Managing Director 62 $425-$495 $ 29,340 Senior Manager 74 $ 300 $ 22,200 Manager - $ 275 $ - Senior 75 $ 250 $ 18,750 Staff Level 25 $ 185 $ 4,625 Estimated Total 1 236 $ 74,915 *Rounded for purposes of this Amendment 2 2. Article VII Compensation and Term, Paragraph 7.4 shall be amended to add the following: The audit completion is extended to April 30, 2024 to allow for continued services through completion of the audit. 3. In all other respects, the Agreement dated November 9, 2023, as amended remains in full force and effect. 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 4/4/2024 Date Partner Title 4.17.24—Amendment 2—Cherry Bekaert 2 COMMISSIONERSB 0ARD OF COUNTY \Afte§t;c, --*'n Madok, Clerk ,: er 1 ),•i,,,i'4A 6,,,v.;:,-,,,,,,,-,2''''", 1 tt---::,;,,,,',1g:044.-7'i I OF MONROE COUNTY, FLORIDA N-,\;5•;!-::13'''-...T;17!:L53:i1,, '‘'.:,:,-,::•:'...:'',30tigf-,.?1,,'„g ,„,,,i,,,,,,,,,-:•:,,,.,,,,,,,; ....,..:,:, ,,,,,„,-„,,,,,,,,,,, • * . - ' By: 0,5441Ntyyvy By As eputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEY (tp.0APPR71.2021,1!ApS TO12n i 40 tt' 14C)INE LI1ST-BARROWS ASSISTANTCI-MST COUNTY ATTORNEY DATE: 4/4/24 -ri a . — _mt. r- rn .' c) •77 C:, : 71c)• "1" c) ::)(-7) ,—— :--e.,.......... ch..) cz,..„.... 40,. 4.17.24—Amendment 2—Cherry Bekaert 3 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 �' EACH OCCURRENCE $ CLAIMS-MADE " , OCCUR AEXCESS LAB �^�+� AGGREGATE $ DED RETENTION$ 77T� $ WORKERS COMPENSATION g 11 13.23 PER OTH- AND EMPLOYERS'LIABILITY _ �m STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y� 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 pp'' Key West, FL 33040I f r )( f 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