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HomeMy Public PortalAbout22-006 - additional payment to Marcum LLP relating to the Sept 2020 auditSponsored By: City Manager RESOLUTION NO. 22-006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE AN ADDITIONAL PAYMENT OF TEN THOUSAND THREE HUNDRED NINETY DOLLARS ($10,390.00) TO MARCUM, LLP FOR ADDITIONAL SUPPLEMENTAL WORK RELATED TO COMPLETING THE SEPTEMBER 30, 2020 AUDIT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 22, 2021, the City Commission of the City of Opa-Locka, ("City") passed Resolution No. 21-9942 accepting the proposal from Marcum LLP in response to RFP No. 21-1115200 for Independent Auditing Services; and WHEREAS, the City entered into an agreement with Marcum, LLP, to provide auditing services for FY 2020 and 2021 ("Agreement"), in the amount of Thirty Nine Thousand, Nine Hundred Ninety -Five Dollars ($39,995.00) per fiscal year; and WHEREAS, Marcum, LLP has informed the City that the actual hours to complete the FY 2020 audit will exceed the estimated hours pursuant to the Agreement. Additional service fees in the amount of Ten Thousand, Three Hundred Ninety Dollars ($10,390.00) are being requested to include additional time spent by the audit partner, audit manager, and Senior Auditor for the additional supplemental work. The additional supplemental work will also modify the time requirements related specifically to completing the September 30, 2020 audit; and WHEREAS, the Interim City Manager contends that the proposed supplemental work is required to complete the September 30, 2020 audit; and WHEREAS, Marcum, LLP desires to complete the additional supplemental work necessary for completion of the FY 2020 audit with a flat fee of Ten Thousand, Three Hundred Ninety Dollars ($10,390.00). NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: SECTION 1. The recitals to the preamble herein are incorporated by reference. SECTION 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby authorizes the City Manager to issue payment to Marcum, LLP in the amount of Ten Thousand, Three Hundred Ninety Resolution No. 22-006 Dollars ($10,390.00) for additional supplemental work related in order to complete the city financial audit ending September 30, 2020. SECTION 3. SCRIVENER'S ERRORS Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent of this Resolution may be authorized by the City Manager, following review by the City Attorney, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 13th day of July, 2022. Veronica J. William yor TEST: a Flores, City Clerk APPROVED S TO FORM AND LEGAL S i F ` CIENCY: Bur ette Norri + eeks, P.A. Moved by: Commissioner Davis Seconded by: Vice Mayor Taylor VOTE: 5-0 Commissioner Bass YES Commissioner Davis YES Commissioner Dominguez YES Vice -Mayor Taylor YES Mayor Williams YES 2 City of Opa-locka Agenda Cover Memo Department Director: Gerri Lazarre, Finance Consultant Acting Finance Director Department Director Signature: .v� 1/6146-2_ Ordinance Other City Manager: Darvin Williams CM Signature: Commission Meeting Date: 07.13.2022 Item Type: (EnterXin box) Resolution X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (EnterXin box) 15t Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (EnterXin box) Yes No X Contract/P.O. Required: (EnterXin box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X I. MI MI • • Sponsor Name City Manager Department: City Manager Short Title: Supplement to External Auditing Services Agreement dated December 21, 2021 related to Request for Proposal (RFP No. 21-1115200). Staff Summary: An RFP for External Auditing Services was approved on December 21, 2021 through RFP No. 21-1115200 awarding the contract to Marcum, LLP. Additional service fees are being requested because additional supplemental work is modifying the time requirements related specifically to completing the September 30, 2020 audit. The additional fees being requested is in the amount of $10,390, to include additional time spent by the audit partner, audit manager, and Senior Auditor. Staff believes this is required to complete the September 30, 2020 audit. Financial Impact - Of the total amount, $6,234 (60%) will be charged to the General Fund, Finance Division, 17-513320, Accounting and Auditing Services, which has $16,777 available, and $4,156 (40%) will be charged to the Water -Sewer Fund, Utility Billing Customer Service Division 61-513320, Accounting and Auditing Services, which has $47,399 avaialble. Proposed Action: Staff recommends the City Commission approve payment of additional audit fees of $10,390 to Marcum, LLP in conjunction with the completion of the Fiscal Year 2020 audit. Attachment: MARCUM ACCOUNTANTS • ADVISORS June 6, 2022 City of Opa-Locka Attn: Darvin E. Williams, JD, MBA, MPH, Interim City Manager 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 Re: Supplement to External Auditing Services Agreement dated December 21St, 2021 related to Request for Proposals (RFP) 21-1115200 This letter serves as an supplement (all previous terms of the External Auditing Services Agreement dated December 21, 2021 are still in effect) of Marcum LLP's ("Marcum," the "Finn," "we," "us" or "our") understanding of the services we are to provide to the City of Opa-locka, Florida (the "Organization," , "City" "you" or "your") for the year ending September 30, 2020. As noted in the External Auditing Services Agreement, if, during the contractual period, additional Services are needed, the Firm may, at the option of the City Manager, be engaged to perform these Services. Supplement Objectives As a result of AU -C 260, The Auditor's Communication With Those Charged With Governance. (AU -C 510.09), when the auditor determines that evidence indicates misstatements in the opening balances might materially affect the current period's financial statements, appropriate extended procedures are to be performed to determine their effect on the financial statements. During the performance of the 2020 audit procedures, Marcum was made aware by the City's finance department of identified numerous material misstatements (approximating $9.5 million - Governmental Activities and $15.2 million Business -type Activities) related to the City's annual financial report for the fiscal year ended September 30, 2019. The majority of the misstatements identified are as a result of the Capital Asset Valuation Report dated April 23, 2021. As a result of the above, Marcum will request management to inform the predecessor and arrange for the three parties to discuss the information above, communicate information to the predecessor that the predecessor needs to consider and perform extended audit procedures related to Capital Assets for the year ended September 30, 2020. Additionally, this supplement modifies the "Time Requirements", specifically related to the September 30, 2020 audit period. It was noted in External Auditing Services Agreement, the City audit records were to be ready upon acceptance of the proposal and approval by the City Council. The External Auditing Services Agreement also stated "the audit report, in its final form and including the management letter, shall be completed no later than June 15, 2022". As a result of the above material misstatements and pending audit request submitted by Marcum to the City, the above timeline will not be met and changes to the timing of the engagement are required as per the City's request. MARCUAGROUP MEMBER Marcum LLP ■ One Southeast Third Avenue ■ Suite 1100 • Miami, Florida 33131 ■ Phone 305.995.9600 • Fax 305.995.9601 • www.marcumllp.com City of Opa-locka, Florida June 6, 2022 Page 2 Fees Marcum will be compensated in accordance with the schedule of fees established in the External Auditing Services Agreement. Discounted Level Hourly Rate fours Fees Partner $ 320 8 $ 2,560 Manager 255 16 4,080 Senior 125 30 3,750 $ 10,390 Agreement If you agree with the terms of our engagement, as described in this letter, please sign the enclosed PDF letter and return to us. We appreciate the opportunity to be of continued service to the City and believe this letter accurately summarizes the changes to the External Auditing Services Agreement referenced above. .If you have any questions, please let us know. Very truly yours, Marcum LLP Moises D. Ariza, CPA, CGMA Partner MDA/ep cc: Gerri Lazarre, CPA, Acting, Finance Director ACCEPTED This letter correctly sets forth the agreement of the City of Opa-locka, Florida. Authorized Signature: Title: Date Signed: Sponsored by: City Manager RESOLUTION NO. 21-9942 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ACCEPTING THE PROPOSAL FROM MARCUM LLP IN RESPONSE TO RFP NO. 21-1115200 FOR INDEPENDENT AUDITING SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Request for Proposal (RFP) #21-1115200 was published on October 10, 2021 for Independent Auditing Services. Three (3) proposals, attached hereto as Composite Exhibit "A", were received via DemandStar by the City Manager's Office and forwarded to the City Clerk on November 15, 2021; and WHEREAS, the RFP evaluation committee met on November 17, 2021 to review the bid proposals. Marcum LLP received the highest-ranking score among the evaluation committee ratings; and WHEREAS, the City of Opa-Locka Audit Committee convened a meeting on November 18, 2021, where they reviewed the three (3) proposals that were received pursuant to RFP ' # 21-1115200 and subsequently recommended that the City Commission select the proposal submitted by Marcum LLP; and WHEREAS, the City Commission finds it is the best interest of the City to accept the proposal of Marcum LLP and enter into an agreement for independent auditing services. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Commission of the City of Opa- Locka, Florida hereby accepts the proposal from Marcum LLP in response to RFP No. 214115200 for independent auditing services; further authorizes the City Manager to enter into and execute an agreement with Marcum LLP in the contract attached hereto as Exhibit "A." External Audition Services Agreement THIS :AGREEMENT is entered into this 21 st day of December 2021 between the City of Opa-Locka.C'City„).and Marcum LLP (hereinafter "Firm") WHEREAS, the City seeks to retain the services of Firm as an independent contractor to provide external auditing services; and WHEREAS, The City is charged with the responsibility of controlling the disbursement and collecting public funds; and WHEREAS, the City put forth its Request for Proposals (RFP) 21-1115200 (Exhibit "A" this Agreement) for External Audit Services; and WHEREAS, on November 18, 2021, the Audit Committee of the City ranked Marcum LLP as the top candidate to provide External Auditing Services to the City; and WHEREAS, Marcum LLP performs auditing services for many governmental entities, including other cities and is capable of providing high level review services for the City at areasonable cost; and WHEREAS, Marcum LLP desires to be associated with the City by performing solicitedservices as requested in RFP 21-1115200. NOW THEREFORE, in consideration of the premises and the mutual covenants herein City and Finn mutually agree as follows: 1. This Agreement shall be effective as of December 21, 2021 and shall terminate no later than September 30, 2025 (the "Team"). 2. The City retains Marcum LLP as an independent contractor to perform External Auditing Services (hereinafter "Services"). 3. Firm shall perform required services in an amount not to exceed the Costs of Services set forth in'irm's Response to RFP 21-1115200 for Independent Auditing Service (Exhibit "B" to this Agreement). Said fee shall be the entire compensation for any and all services rendered by Firm hereunder, except that Firm may be reimbursed for reasonable and minimal expenses incurred if City approves such expenses in writing in advance of their occurrence or if additional services are requested from Marcum, as stipulated in Exhibit A. 4. Firm agrees to conduct an evaluation of internal controls, including accounting systems and specific control procedures and assess the extent to which the controls can be relied uponto ensure accurate information and compliance with the applicable laws and regulations. Professional responsibilities of the firm. and City management are stipulated in Exhibit C „Marcum Engagement Letter". 5. As required by auditing standards generally accepted in the United States (GAAS), the Finn agrees to perform the requested services consistent with the objectives set forth in the Exhibit "A", which is the Request for Proposals (RFP) for Independent External. Auditing Services and Exhibit "B" which is Firm's response and further agrees that the exhibits are incorporated and otherwise considered a part of this Agreement 6. Firm agrees to furnish to the City with written progress reports at such times and with such frequency as the City may reasonably request and as specified in the applicable RFP. 7. Firm agrees to use best efforts, attention, knowledge and skill in carrying out Services. 8. Finn acknowledges the importance of timely completing the Services as set forth in this Agreement and further agrees that time is of the essence in all matters relating to fulfilling Kling the obligations of this Agreement. 9. The City shall not have any obligation hereunder to provide the firm or its dependents with medical,: health, pension or any other employee benefits. 10. Firm acknowledges and agrees that it shall be solely and exclusively its obligation and responsibility to report to the appropriate governmental agencies and other authorities all compensation received by Finn hereunder and to report and pay all taxes or impositions thereon. Firm shall indemnify and hold harmless the City for and against any and all claims, *atmees, losses or obligations asserted or imposed against the City by any other entity or person in connection with the paymentor recovery of such sums. 11. The City expressly reserves the right, at any time or for any reason whatsoever, to retain any other firm to .perform services that are similar or identical to the Services being performed by Firm. 12. Finn acknowledges that, in the course of performing the Services, it may originate, develop, receive or otherwise become aware of knowledge and confidential information concerning the City and such knowledge and information, whether oral or written which is developed or acquired by, or communicated or delivered to Finn or of which Firm may otherwise become aware are and shall be and :remain the confidential information of the City ("Confidential. Information"). The Finn shall not use or disclose any information concerning a recipient of services under this Agreement for any purposenot in conformity with state statute and applicable federal regulations. Finn further acknowledges that, in the course of performing the Services, it may have access to certain other information that relates, directly or indirectly, to the City or its agents, statistical; business or technical research, development, trade secrets, processes, formulae, specifications, programs, software packages, technical know-how, methods and procedures of operation, business or confidential plans ('Proprietary Information"). This paragraph shall not apply to appropriately secured public records as defined by Chapter 119, Florida Statutes. 13. Firm agrees to hold such Confidential Information and Proprietary Information in strict confidence; not to disclose such Confidential Information and Proprietary Information with others or use the same in any way, commercially or otherwise, except in performance of the Services at anytime without the prior written consent. of the City; to take all actions reasonably necessary to protect the confidentiality oftheinformation and, at termination of this Agreement, upon written request, to return all Confidential Information and Proprietary Information to the City whether written, printed, machine readable or inany other form whatsoever. 14. All Firm services provided by Finn are deemed Services done for hire. The City shall be deemed to be the absolute and unqualified owner of and Firm hereby assigns to the City all rights, title and interests in and to any and all work product furnished to the City including, but not limited to, any developments, additions, or enhancements to the City's Proprietary Information provided by Firm while engaged by the City. 15. The City shall not be under any obligation to use. Firm's naive or give Firm credit of any kind for any of the Services performed or work product prepared or furnished by Firm, nor may Firm use the City's name or trademark in any manner, expressly or implied, which might tend to convey the impression that Firm's services indicate an endorsement by the City of Firm's services, without the prior written consent of the City. 16. It is understood and agreed that Finn's relationship with the City is not to exercise supervision of Firm in the performance of the Services nor shall the City require Firm's compliance with detailed orders or instructions, it being intended that Finn shall serve as an independent contractor to the City with the time, manner and place of performance of the obligations required by this Agreement, m the sole discretion and judgment as an independent Firm. 17. All working papers and reports must be retained, at the auditor's expense, for a minim` of three (3) years after the completion date of the audit, unless the firm is notified in writing by the City of the need to extend the retention period. In accordance with Florida Statutes and federal and state law, the auditor will be required to make their working papers available, upon request, to the following parties or their designees: City of Opa- Locke; and any federal and state governmental entities; US. General Accounting Office (GAO); parties designated by the federal or state governments or by the City of Opa-Locka as part of an audit quality review process; Auditors of entities of which the City of Opa- Locka isa sub -recipient of grant funds. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. 18. Firm acknowledges and agrees that it does not have the authority to bind or attempt to bind the City by contract or otherwise, or to represent to third parties that Firm has any right to so bind the City or to use the City's name in any connection of or for any purpose whatsoever. 19. Finn shall not commence work under this contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the City Administrator. Certificates of insurance; reflecting evidenceof the required insurance, shall be filed with the City Manager's Office prior to the commencement of the work. These Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Insurance shall be ` in force until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced in writing by the CITY. Insurance shall be obtained for the amounts consistent with RFP 21-1115200 20. The CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this Agreement and name the CITY as an additional insured under their policy. The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. 21. The firm agrees to release the CITY from and against any and all liability and responsibility in connection with the above -mentioned services to be provided by CONTRACTOR. The Firm further agrees not to sue or seek any money or damages from CITY in connection with the above -mentioned matters.Firm further agrees to indemnify and hold harmless the C1TY, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the Firm's negligent acts, errors, or. omissions. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this paragraph, provide for indemnification by the Firm and that specific consideration may be necessary. The parties therefore agree that the sum of Ten Dollars and 00110.0 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of suchindemnities is deemed to be part of the specifications with respect to the services to be provided by Firm. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. This Agreement is personal in nature to Firm and the rights and obligations of Firm may not and shall not be assigned, subcontracted, delegated or otherwise transferred by Firm by operation of law or otherwise. 22. In the event that any one or more of the provisions of this Agreement shall be held to be invalid, the remaining provisions of the Agreement shall not in any way be affected or impaired thereby. 23. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed in such State. Venue shall be in Miami -Dade County. The partiesfurtlzer agree to abide by all applicable Federal and State law and applicable City policies. 24. If the auditor fails to properly perform the conditions of the contract, in the sole opinion of the City, the City will communicate to the auditor in writing the problem(s) that exist. The auditor will have up to fifteen (15) calendar days to rectify the problem(s). If the same or other problems persist or recur the City may immediately cancel the contract by advising the firm in writing. 25. If the proposer fails to perform the conditions of the agreement as specified and as interpreted by the City Manager, the City Manager shall provide written notice of such violation. The City reserves the night to terminate the agreement for convenience without cause, with five (5) working days' written notice and as otherwise provided by RFP 21- 1115200. Termination and cancellation of any agreement will not relieve the proposer for work which was to be completed prior to the termination or cancellation of the agreement. The City Commission shall have the right to terminate the agreement in the event the Proposer files any petition or proceeding for bankruptcy relief or is adjudicated to be bankrupt or insolvent or fails to pay just debts as they ordinarily become due. This agreement may notbe terminated by the proposer unless otherwise provided in the contract. 26. All agreements and covenants herein are severable, and in the event any one of them shall be held to be invalid by any competent court, this Contract shall be interpreted as if such invalid agreements or covenants were not contained herein. 27. If a court of competent jurisdiction holds the City of Opa-Locka liable for certain tortuous acts of its agents, officers, or employees, such liability shall be limited to the extent and limit provided in 768.28,. Florida Statutes. This provision shall not be construedas a waiver of any right or defense that the City may possess. The City specifically reserves all rights as against any and all claims that may be brought as a result of this Contract. 28. Firm agrees to maintain independence as a Certified Public Accounting fum., and duly license under Florida Statutes Chapter 473 to practice in the State of Florida during the term of this Agreement. 29. It is the intention of the parties that this Agreement supersedes all prior agreements, representations and understandings and that it shall not be modified or amended in any respect except in a writing signedby both parties. In the event of any inconsistency, conflict or ambiguity as to the rights and obligations of the parties under this Agreement and Exhibit "C", the terms of this Agreement shall control and supersede any such inconsistency, conflict or ambiguity. City ofOpa:Locka ("City") -44.0111011111. �I-itge3_2 Tax ID number, Marcum LLP /2- 2../ 20Z/ Dated MARCUM ACCOUNTANTS ADVISORS Exhibit C Marcum Engagement Letter The City of Opa-locka has requested an audit of its. financial statements of the governmental activities, the business type activities, each major fund, and the aggregate remaining fund information of the City of Opa-locka, Florida (the "City"), as of September 30, 2020 and 2021, and for the years them ended;; and the related notes to the financial, statements, which collectively comprise the City's basic financial statements. In addition, ifapplicable, we will audit the entity's compliance over major federal and state award programs for the year ended September 30, 2020 and 2021. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits will be conducted with the objectives ofour expressing an opinion on each opinion unit and au opinion on compliance regarding the entity's major federal and state award programs. Accounting Standards generally acceptedin the United States of America require that certain required supplementary information ("RSP'), such as management's discussion and analysis ("MD&A")-be presented to -supplement the basic financial statements. Such information although not apart of the basic financial statements, is required by the. Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational economic, or historical context. As part of our engagement, we will apply certain limited :procedures to the RSI in accordance with auditing standards generally accepted- in the Unitee States of America. These limited wi ll " ill consist primarily of inquiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management's responses to our inquiries. We will notexpress an opinion or provide any font of assurances on the RSL The following RSY is required by accounting principles generally accepted in the United States of America. This RSI will be subjected` to certain limited procedures but Will not be audited: 1. Management's Discussion and Analysis 2. Budgetary Comparison Schedules 3. Schedule of Ike. City's Proportionate Share attic Net Pension Liability and Coutnibutions FRS and MS 4. Schedule of Changes in the City's Total OPEB Liability and Related Ratios Supplerientaryinformation other than RSI will accompany the City's basic financial statements. We will subject the following;supplementary information to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting andotber records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an: opinion on the following supplementary information' in relation to the financial statements<as a whole: - Combining and Individual Fund (Financial Statements and Schedules gt MARCUMGROUF ' eueER- MarcumLtm One Southeast ThfrdAvenue • Suite 1100*Miami. Florida33131.Phone 305.995.9600• fax 305.9959601•WWW.marcumllncom City of Opa-lacka Florida Page 2 Schedule of Expenditures of Federal Awards and State Finenjjal Asgisjapce We will subject the schedule of expenditures offederal awards and state:fmancial assistance to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparingand reconciling theschedule to the underlying: accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on whether the schedule of expenditures of federal awards and state financial assistance is presented fairly in all material respects in relation to the financial statements as :a whole. Also, the document we submit to you will include the: following other additional information that will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditors' report will not provide an opinion or any assurance on that other information: Inntroductoxy Section Pata Collection Forge, Prior to the completion of our engagement, we will complete the sections of the Data Collection Form that are our responsibility. The form will summarize our. audit findings, amounts and conclusions. It is management's -responsibility to submit a reporting package including financial statements, schedule of expenditure of federal awards and state uncial assistance, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form to the federal audit clearinghouse. The financial repoithlg package: must be text searchable, unencarypted, and unlocked. Otherwise, the reporting package will not be accepted by the federal audit clearinghouse. We will assist you in, the electronic submission and certification. You may request from us copies: of our report for you to include with the reporting package submitted to pass -through entities: The Data Collection Fore is required to be submitted within the earlier of 30 days after receipt of our auditors' reports or nine months after tbe end of the audit period, unless specifically waived by a federal cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors in, assessing programs at a higher risk. Audit: of the Financial Statements • We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GAAS), the standards applicable to- financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America; the audit requirements of Title 2 U.S. Code of Federal Regulations . (CFR) Part 200, Uniform Administrative: Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), Audits of States, Local Governments and Non Profit Organizations and: Florida Single Audit Act and Chapter 10.550 Rules of the Auditor General. Those standards, the Uniform Guidance and the Florida Single Audit Act and Chapter 10350 City of Opa: locka, Florida Page 3 Rules. of the Auditor General require that we plan and perform the audit to obtain reasonable assuranceabout whether the basic financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to error, fraudulent financialreporting, misappropriation of assets, or violations of laws, governmental regulations, grant or agreements, contractual agreements. An audit also meludes evaluating the ' appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as wails evaluating the, overall presentation of the financial statements if appropriate, our procedures will therefore include tests of documentary evidence that support the transactions recorded in theamounts, tests of the physical existence of inventories, and direct eoz nation of cash, investments,` and certain other assets and liabilities by correspondencewith creditors and'fionanciai: institutions: As part of our audit process, we will request written representations from your attorneys, and they may bill you for.: responding. At the conclusion: of our audit, we will . also request certain :written representations -from you about the financial statements and related matters. Because ofthe <inherent limitations of an audit, together with the inherent limitations of internal control; an unavoidahle xisk:that some material misstatements or noncompliance (whether caused. by WRVS; fraudulent financial reporting, misappropriation of assets, detected abuse, or violations of laves or governmental regulations) may not be detected exists, even though the audit is properly planned and peifo ed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller Genteel of the '.United .States of America, the Single Audit Act Amendments of 1995, the provisions of OMB Uniform Guidance and Florida Single Audit Act and Chapter 10.550 Rules of the Auditor General. Please note that the determination of abuse is subjective and Government Auditing Standards does not reqwre auditors to detect abuse. In making our risk assessments, we consider mtetnal control relevant to the entity's preparation and fair presentation. of the financial statementsin order to design audit procedures that are appropriate in the circumstances; but not for the purpose ,of expressing an opinion an the effectiveness of the entity's: internal control. However, we will communicate to you in writing concerning any significant deficienciesor material, weaknesses in`inte nal control relevant to the audit of the financial statements that we have identified during the audit. Our responsibility as auditors is, of course, limited to the Period covered by our audit and does not extend to any other periods. We will issue a written report• upon completion of our audit of the City's basic. financial statements. Our report will be addressed to the governing body of the City. We cannot provide assurance that unmodified opinions will be expressed, _Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis -of -matter or other -matter paragrapb(s), or withdraw from the engagements. City of Opa-locica, Florida Page 4 In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and;therefore, no such opinion will be expressed Our responsibility as auditors is limited to the Period covered by our audit and does not extend to any other periods or any losses. that might be incun'ed during any later periods for which we are not engaged as auditors. Audit of Maier yogi am Con cg Our audit of the City's major federal and state award programs compliance will be conducted in accordance with therequirernents of tile Single Audit Act, as amended; the Uniform Guidance and Florida _Single Audit Actand alaptcr 10.550 Rules of the Auditor General, and will include tests of accounting records, a determination of mayor programs and projects in accordance with the Uniform Guidance, the Florida Single AudrtAct and Chapter 10:550 Rules of the Auditor General and other procedures we consider necessary to enable eus to express such an opinion on major federal and state award program complianceand to render the requrred:reports. We cannot provide p ni nuance will be .expressed. Cir tan may arise assvcasnce that aai`untnodrfed opinion ' on in wluch.it is necessary for us 'to modify our opinion: or withdraw from the engagement. The Uniform 'Guidance and Florida Single Audit Act and Chapter 10.550 Rules of the Auditor General requires that we also plan and perform the audit to obtain reasonable assurance about whether` the entity has complied' with applicable laws and . regulations and the provisions of contracts and grant agreements applicable. `to major federal and state award .prograrns. Our procedures will consist of determining major federal._ programs, and state projects and performing the applicable procedures described m the US, Office of Management. and Budget OMB Compliance:. Supplement and Florida Single Audit Act and Chapter 10.550 Rules of the Auditor General for the types of compliance requirements that could have a direct and material effect on. each of the entity's major programs/projects. The purpose of those procedures will be to express an opinion on the entity's compliance with > requirements applicable: to each of its major programs/projects is our report en compliance issued pursuant to the Uniform Guidance and Florida Single Audit Act and Chapter 10.550 Rules of the Auditor General. Also,as required by the Uniform Guidance and Florida Single Audit Act and Chapter 10.550 Rules of the Auditor General, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance -requirements applicable to each of the entity's major federal and state award programs. However, our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opin ion will be expressed in our report. City of Opa:locka, Florida Page 5 We will issue a report on compliance: that will include an opinion or disclaimer of opinion regarding the entity's major federal and state award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control. Management's Responsibilities Our audit will be conducted on the basis that management and those charged with governance acknowledge and understand that they have responsibility:; 1. For the preparation and Fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2. Preparation and drafting of the City's financial statements, inclusive of footnotes and related schedules: 3. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; 4_ For identifying, in its accounts, all federal and state awards received and expended duringthe period and the federal programs and state projects under which they were received, including federal and state awardsand funding increments received'; in accordance with the Uniform Guidance and Florida Single Audit Act and Chapter 10350 Rules of the Auditor General;: 5. For maintaining records that adequately identify the source and application of funds for federally funded activities; 6. For preparing the schedule of expendituresof federal awards and state financial assistance (including notes and noncasb assistance received) in accordance with the Uniform Guidance and Florida Single: Audit Act and Chapter 10.550 BOLOS of the Auditor General; 7. For the design, implementation, and :maintenance of internal controlover federal andstate awards; 8 For establishing and maintaining effective internal control over federal and state awards that provides reasonable assurance that the nonfederal entity is managing federal and state awards in compliance with federal statutes, regulations, and the terms and conditions of the federal and state awards; 9. For identifying and ensuring that the entity complies with federal statutes, regulations, and the terms and conditions of federal and state award o pr grams' and implementing systems designed to achieve compliance with applicable federal statutes, regulations, and the terms and conditions of federal and state award programs; 10. For disclosing accurately, currently, and completely the financial results of each federal and state award in accordance with the requirements of the award; 11_ For identifying and providing report: copies of previous audits, attestation engagements, or other studies that directly relate to the objectives of' the audit, including whether related recommendations have been implemented; City of Opa-locka; Florida Page 6 12. For taking prompt action when instances of noncompliance are identified; 13. For addressing the findings and recommendations of auditors, for establishing and maintaining a process to track the status of such findings and recormmendat ohs and taking corrective action on reported audit findings from priorperiods and preparing a summary schedule of prior audit findings; 14. For following up and taking corrective action on current year audit findings and preparing a conceive action plan for such findings; 15. For submitting the reporting package and data collection forme to the appropriateparties, 16. For making the auditor aware of any significant contractor relationships where the contractor is responsible for program compliance; 17. To provide us with: a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statement, and: relevantto federal and state award programs, suck as records, documentation, and other matters; b. Additional information that we may request from management for the purpose of the audit; c. Unrestricted access to persons within the entity from ;whom we determine it necessary to obtain audit .evidence. 18. For adjusting the financial statements to correct material misstatements and confirming to us inthe management representation letter that the effectsof any, uncorrected misstatements aggregated by us during the : current engagement; and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole; accounting princi les, and 19: Foi maintaining adequate records, selecting and applying p safeguarding assets; - 20. For informing us of any known or suspected fraud affecting the entity involving management, employees with significant role in internal control and others where fraud could have a material effect on compliance; 21. For theaccuracy and completeness of all information. provided, 22. For taking reasonable measures to safeguard protected personally identifiable and other sensitive information; and 23. For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter. With regard to the schedule ofexpenditures of federal awards and state financial assistance referred to above, you .acknowledgeand understand your responsibility (a) for the preparation of the schedule of expenditures of federal awards and state financial assistance in accordance with the Uniform Guidance and Florida Single Audit Act and Chapter 10.550 Rules of the Auditor General, (b) to provide us with the appropriate written representations regarding the schedule of expenditures of federal awards and state financial assistance, : (c) to include our report on the City of Opa-locks, Florida Page 7 schedule of expenditures offederal awards and state financiad assistance in any document that contains the schedule of expenditures of federal: awards and state financial assistance and that indicates that we have reported on such schedule, and (d) to present the schedule of expenditures of federal awards and state financial assistance with the audited financial statements, or if the schedule will not be.presented with the audited financial statements, to make the audited financial statements readily available to the intended users ofthe schedule of expenditures of federal awards and state financial assistance no later than the date of issuance by you of the schedule and our report thereon. At the conclusion of our audit, we will request certain written representations from you that, among- other things, will confirm management's responsibility for the preparation of the financial statements in accordance with. CxAAP, attesting to the completeness and tiuthfiilness of representations and disclosures made to us during the course of our work, the completeness and availability of all minutes ofthe Board and committee meetings, and, to the best ofyour knowledge and belief; the absence of irregularities: involving management or those employees who have significant roles in the City's internal control structure. Management is also responsible for adjusting the financial statements to correct misstatements and for confimning to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the. current engagement and pertaining to the audited financial statements are immaterial, both individually and in the aggregate, to the financial statements as a whole. Any assistance provided by usin preparing the financial statements, adjusting entries or disclosures does not decrease management's responsibility to assure that the result is not misleading. Further, you are responsible for designating a qualified management -level individual to be responsible and accountable for overseeing any such services. The management representation letter must be. signed and returned to us before we will release our auditors' report. Professional: standards prohibit us from being the sole host and/or the sole storage for your financial and non -financial data. As such, it is your responsibility to maintain your original data and records and we cannot be responsible to maintain such original information. If you are missing any documents` or workpapers front our prior years' engagements (if _applicable), it is your responsibility to inform us. By signing this engagement letter, you affirm that you have all the data and records required to make your books and records complete. Communication with Those Charged with Governance As part of our engagement, we are responsible for con nunicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process as well as other matters webelieve should be communicated to those charged with governance. GAAS does not require the auditor to design procedures for the purpose of identifying other matters to communicate with those charged with governance.; Such matters include, but are not limited to, (1) the initial selection of and changes in significant accounting policies and their application; (2) the process used by rnanagemerd is formulating particularly. sensitive accounting estimates and the basis for our conclusions regarding the reasonableness of those estimates; (3). all passed audit adjustments; (4) any disagreements with management, whether or not satisfactorily resolved, about matters that individually or in the aggregate could be City of Opa-locka, Florida Page 8 significant to the financial statements or our report; (5) our views about matters that were the subject of management's consultation with other accountants about auditing and accounting matters; (6) major issues that ware discussed with management in connection with the retention of our services, including, . among other matters, any discussions regarding the application of accounting principles and auditing standards; (7) serious difficulties that we encountered in dealing with management related to the performance of the audit; and (8) matters relating to our independence as the City's auditors. Auditors' Report and Reproduction We will issue a written report upon completion of our audit of the City's financial statements. Our report will be addressed to those charged with governance. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the natureof these circumstances, it maybe necessary for -us to modify our opinion, add an emphasis -of -matter or other -matter paragraphs) to our auditors' report. If for any reason, we are unable to complete the audit or we are unable to form or have not formed an opinion,: we may decline: to express an opinion or decline to issue a report as a result of the engagement. If in our. professional judgment, the circumstances regnire us to do so, we may resign from the engagement prior to completion. If you intend to publish or otherwise reproduce the financial statements and/or make reference to our Finn, you agree that the City's management will provide us with a draft for our review and approval before disclosure, inclusion or incorporation by reference of any of our reports or the reference to Marcum before such document or information is published, printed or distriibute& You also agree to provide us with the final reproduced material for our approval before it is distributed. Inn addition, to avoid un necessary -delay or misunderstanding, you agree to provide us timely notice of your intention to issue any such document With regard to the electronic dissemination of the City's financial statements, including financial statements published electronically on the City's website, we are not required to read the information contained in those sites or to consider the consistency of other information in the electronic site with the original document. However, you agree that you will. notify Marcum and obtain our approval prior to including any of our reports on any electronic site. Ass = ce Rv Yqut Person nel We will ask that your personnel, to the extent possible, prepare required schedules and analyses, and make selected invoices and other required documents available to our staff. This assistance by your personnel will serve to facilitate the progress of our work and minimize our time requirements. You acknowledge that the City's confidential information may be transmitted to us through an information portal or delivery: system established by us or on our behalf. You shall notify us in writing of your employees, representatives, or other agents to be provided access to such portal or system; upon the termination of such status, you shall immediately .notify us in writing. You City of Opa.-locka, Florida Page 9 acknowledge that you are responsible for the actions of your current and former employees, representatives, or other agents in connection with the transmission of your information. During the course of the engagement, we may communicate with you or your personnel via e-mail, and you understand that communication in those mediums involves a risk of misdirected or intercepted communications:. $acke round Ckecks As a matter of our Firm policy, we may perform. background checks, on potential clients and/or on existing clients, on an asrdeten pined basis. The tenons and conditions of this engagement are expressly contingent upon the satisfactory completion of our : investigatory procedures and we reserve the right to withdraw from any relationship should information which we deem to be adverse come to our attention. The results of all background :checks and other investigatory procedures are submitted: to, andreviewed by, our Firm's Client Acceptance Committee, Predecessor Auditor Before formally accepting this engagement, = we are, :inquired by auditing standards: generally accepted in the United States of America to make certain communications with your predecessor auditor._' Soon after our appointment as your new auditors; we will ; request your pemaission to contact your predecessor auditor,. and they will require your :authorization to respond fully to our p working papers held by the predecessor auditor:. inquiries and to provide us with copies of certain, - Our continued;aeceptance of *le engagement is subject to the results of such communication. We will notify you- immediately if we become aware of anything from your predecessor auditor that results in our not being able to continuethis engagement and ;requiring us to resign from this engagement. Independence Professional standards require that a firm and its members maintain independence throughout the duration of the professional relationship with a client In order to preserve the integrity of our relationship, no offer employment shall be discussed with any Marcum professionals assigned to the audit, including within the one-year period prior tothe commencement of the year-end audit, and through the date of issuance of our audit report. Pursuant *0 protsstona1 standards, should such an offer of employment be made, or employment commences during the indicated tune period, we will consider this an indication that our independence has been compromised. As such, we may be required to recall our auditors' report due to our lack of independence. hi the event additional work is required to satisfy independence requirements, such work will be billed at our standard hourly rates. Confidentiality/Access to Working Papers The Firm is required to undergo a "Peer Review" every three years.: During the course of a Peer Review engagement, selected working papers and financial reports, on a sample basis, will be inspected by an outside party on a confidential basis. Consequently, the accounting andfor auditing City of Opa locka, Florida Page 10 work we pecfonned for you may be selected. Your signing this letter represents your acknowledgement and permission to allow such access should your engagement be selected for review. As .a resultof ourprior or future services to you, we may berequired or requested to provide information or documents to you or a third party in connection with a legal or administrative. proceeding (including a grand jury investigation) to which we are not a party. If this occurs, we shall. be entitled to compensation for our time andreimbursement for our reasonable out-of-pocket expenditures (including legal fees) in :complying with suchrequest or demand. This is not intended, however, to relieveus of our duty to observe the confidentiality requirements of our profession. Third -Party Service Prnviidei Marcum may use its affiliates, subsidiaries, Marcum related parties: and/or third parties, (e.g.. Confi>mation.com -and Bloomberg Professional Services) including contractors, subcontractors and cloud-based'service:providers, in each case within or outside of the United States (each, a "Subcontractor"); in connection with the provision of services and/or for internal, adtninist .Live and/or regulatory: compliance purposes. You agree that Marcum may provide confidential and other information Marcum receives in connection with this averment to Subcontractors for such purposes. Marcum maintains >internal policies, procedures and safeguards to protect the confidentiality- ofyour information and Marcum :will romaine responsible to you for the protection of such information and services performed by such Subcontractors as provided herein. Monte Resolption rrprAgg. aiyer of:July Trull and: 3uriisdictign and Venue for Anv ,and AUDi:mute, Umiet-Thislegagerogialetigr awl G+pr►ernina TAR AS A MATERIAL INDUCEMENT FOR US TO ACCEPT THIS ENGAGEMENT AND/OR. RENDER THE SERVICES TO THE ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS ENGAGEMENT. LETTER: This Firm and the City each; hereby browingly, voluntarily and intentionally waive any right either may have to a trial by jury with respect to any litigation basedhereon,: or arising out of, ;under or in connection.::with this engagement . letter _and/or the services' provided hereunder, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either party. This Firm and the Clityeach.exprely.agree and acknowledge that tite Circuit Court of the nth Judicial Circuit, it and for Miami -Dade County; Florida, and the Unwed States District Court for the Southern ,District of Florida, shall each have exclusive and sole jurisdiction and venue for any respective state or federal actions arising from, relating to or : in connection with this engagement letter, or any course of conduct, course of dealing, statement or actions` of either party arising after the date of this engagement letter. City of Opa-locks, Florida Page 11 The terms and provisions oft is engagement letter, any 'course of conduct, course of dealing and/or action of this Firm and/or the City and our relationship with you shall be governed by the laws of the State of Florida to the extent said laws are not inconsistent with the Federal Securities Laws and Rules, Regulations and Standards there under, We acknowledge your right to terminate our services at any time, and you acknowledge our right. to resign at : any time (including instances where in our judgment, our independence has been impaired or we can no longer rely on the integrity of management), subject in either case to our right to payment for all direct and indirect charges including out-of-pocket expenses mounted through the date of termination or resignation or thereafter as circumstances and this agreement may: require, plus applicable interest; costs, fees and attorneys' fees. ;.NATATION OF,LIABILUY You agree that our liability arising from or relating to our services shall not exceed the total anwunt paid by you for the services described .herein.:This shall be your exclusive remedy. No action, regardless of form, arising out of the services rnrder this agreement may be brought byyou more than one year after the date the last services are provided under this agreement Non-Attest/Nen-Audit'Services If we perform .non -attest services (considered.additional services), we Will not assume management responsibilities on behalf of the City. However, we will provide advice and recommendations to assist management of the City in per.fomung its responsibilities. The City's management is responsible for. (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee any non -attest services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and naaintaimng internal controls, including monitoring ongoing activities. We are prohibited by professional standards from preparing source documents and authorizing or approving transactions. Accordingly, management must determine: and approve all transactions including appropriate account classifications. As part of our engagement, we may propose standard, adjusting or correcting journal entries to the fuaacial statements. You are responsible City of Opa-locks, Florida Page 12 for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. The services cannot be relied on to detect errors, fraud or illegal acts that may exist. However,we. will inform you of any material errors, fraud or illegal acts that come to our attention, unless they are clearly inconsequential. In addition, we have no responsibility to identify and communicate significant deficiencies or material weaknesses in the City's internal control as part of a non- attest/non-audit service engagement. OhherServices We are always available to meet with you and/or other executives at various times throughout the year to discuss current business, operational, accounting and auditing matters affecting the City: Whenever you feel such meetings are desirable, please let us know; we are prepared to provide services to assist you m any of these areas. We will also be pleased, at your request, to attend the rneetiwgs of the City's Commission. Additionally, if desired by the City, Marcum can assist .with. , the community redevelopment agency (CRA) stand-alone audit as a separate engagement A separate CRA engagement letter describing the scope, fees, and limitations of such services will be provided. Chapter 2019-163; Laws of Florida,; amended Section 163;387(8), ;Florida ` Statutes, to require that each community redevelopment agency (CRA) mectal the specified $100,000 threshold for a separate audit and that theresultant audit. report ; accompany the county or municipality annual financial report filed with the Department of Financial Services (see Sections 163.387(8Xc) and 218.32(3)(b), Florida Statutes). In addition, Chapter 2021-116, Laws of Florida, amended Section 218.39(1)(h), Florida Statutes, to require the separate audit to be filed with the Auditor General. Timeline Marcum's engagement endson the earlier of termination (including without limitation, our resignation or dechning to issue a report or other work product) or Marctun's delivery of its report. Any follow-up services that might be required will be a separate, new engagement. The terms and conditions of that new engagement wilt be governed by a new, specific engagement letter for that service. We understand and agree that the contract price is the Bump: sum of $39,995 per fiscal year to furnish the work complete. Our price willnot be adjusted unless the City changes the scope of the requested service after the contract date.' Our invoices for these_ `fees will be rendered as the work progresses and are due and payable upon presentation_: In the event that you disputeany of the fees or expenses on a specific invoice, you agree to notify us within twenty (20) days of receipt of the invoice of such dispute. If you fail to notify us within the twenty (20) day period, your right to dispute such invoice will be waived. Prior to the commencement of the services described above, any past due balances are required to be paid in full. In accordance with our Finn policies, City of Opa-locka, Florida Page 13 should any invoice remain unpaidfor more than thirty (30) days, we reserve the right to defer providing any additional services until all outstanding invoices are paid in full. Nothing herein shall be construed as extending the due date of payments required under this agreement, and you agree that we are not responsible for the impact on the City of any delay that results from such non-payment by you. To the extent that certain circumstances arise during. the engagement, .(e.g. changesto the timing of the engagement at your request, changes in the responsibility and availability of the City's accounting personnel, City management not completing required management tasks as stipulated by the RIP and this engagement letter, and changes in auditing requirements set by regulators), our fee may be significantly affected and additional fees may be necessary. Additional fees and services provided beyond the descnhed scope of services will be discussed with you before providing those services. Our invoices for these fees will be rendered as the work progresses, and are due and payable upon presentation. Prior to the commencement of the services described above, any past due balances are required to be paid m full The parties shall abide by the Local Government Prompt Payment Act, FL SS. 218.70218.80. Rublic Records. Marcum shall: comply wiith The Florida Public Records Act as follows: IF MARCUM'HAS `QUESTIONS REGARDING THE APPLICATION. OF CHAPTER 119,. FLORIDA STATUTES, TO MARCUM'S DUTY TO PROVIDE' PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTOBI0l OF PUBLIC RECORDS; Custodian of Public: Records:Joanna'Flores CITY CLERK Mailingaddress 780 Fisherman Street, 4, Floor, Opa-locka, FL 33054 Telephone namber :305.6611-4611 Email: jfloressooa1ockafl:eov agurawas It is hereby understood and agreed that this engagement is being undertaken solely for the benefit of the City and that no other person or entity shall be authorized toenforce the terms of'tlns engagement. The undersigned represents and warrants that it has the requisite authority and consents to enter into and perform this Agreement and the obligations herein for and on behalf of the City. If you agree with the terms of our engagement, as describedin this letter, please sign this PDF version of the engagement letter and return it to us by e-mail flour Client Acceptance Committee decides not to accept this .engagement for any treason, then we will inform you immediately in writing. City of Opa-locks, Florida Page 14 Moises D. Ariza, CPA, CGMA is the Engagement Partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. We appreciate the opportunity to be of service to the City of Opa-locica, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. Very truly yours, Marcum LLP Moises D. CPA, CGMA Partner ACCEPTED This letter correctly' sets forth the agreement of City. of 0pa-locka, Florida. Officer's signature: Title: Date signed: 1)