R2021-08 Auditing Services AgreementRESOLUTION 2021-08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, EXTENDING THE VILLAGE'S
AGREEMENT WITH NOWLEN, HOLT & MINER, P.A. FOR INDEPENDENT
ANNUAL AUDITING SERVICES; APPROVING AN AMENDMENT TO THE
AGREEMENT FOR AUDITING SERVICES AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 2016-49 on September 8, 2016, the Village Council
approved an Agreement for Auditing Services for Nowlen, Holt and Miner to provide auditing services
to the Village through Fiscal Year 2018, with the option of two one-year extensions through Fiscal
Year 2020; and
WHEREAS, as authorized by Section 218.391(8), Florida Statutes, the Village Audit Committee has
recommended extending the Village's Agreement with Nowlen, Holt & Miner for an additional one-
year term for Fiscal Year 2021; and
WHEREAS, the Village Council determines that the extension of the Village's Agreement with
Nowlen, Holt & Miner is in the best interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves an Amendment to Agreement for Auditing
Services with Nowlen, Holt & Miner, P.A., a copy of which is attached hereto and incorporated
herein, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the
Village.
Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 28TH DAY OF JANUARY, 2021.
(Village Seal)
ATTEST:
� VILLA E RK
MAYOR
AMENDMENT TO AGREEMENT FOR AUDITING SERVICES
THIS AGREEMENT is made and entered into this.—day of 2021
by and between the .Village of North Palm Beach, Florida, a Florida municipal o,, oration
("Village") and Nowlen Holt & Miner, P.A., a Florida corporation ("NH&M").
WITNESSETH:
WHEREAS, on September 16, 2016, the Village and NH&M executed an Agreement for
Auditing Services for a term of three years, with an option by the VILLAGE to extend the
Agreement for two additional one-year periods; and
WHEREAS, the term of the Agreement, including the additional one-year periods, has
expired, and the VILLAGE wishes to extend the Agreement for an additional one-year term; and
WHEREAS, NH&M has agreed to such extension pursuant to the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the mutual representations and obligations
herein contained and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. The parties agree to extend the term of the Agreement for an additional one year
through the Audit for Fiscal Year 2021.
2. NH&M agrees to perform such services for the VILLAGE in accordance with the
terms of the terms of the Agreement and its Engagement Letter dated January 19, 2021, attached
hereto and incorporated herein. In the event of a conflict between the Agreement, as amended,
and the Engagement Letter, the terms of the Agreement shall control.
3. The Village shall compensate NH&M in accordance with the terms and conditions
set forth in the Engagement Letter.
4. IF THE NH&M HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE NH&M' S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, NH&M shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
NH&M shall:
A. Keep and maintain public records required by the VILLAGE to perform the service.
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B. Upon request from the VILLAGE's custodian of public records, provide the
VILLAGE with a copy the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided
in Chapter 119, Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the Contract term and following completion of the Contract if the
NH&M does not transfer the records to the VILLAGE.
D. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public
records in possession of NH&M or keep and maintain public records required by
the VILLAGE to perform the services. If NH&M transfers all public records to the
VILLAGE upon completion of the Contract, NH&M shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If NH&M keeps and maintains public records upon
completion of the Contract, NH&M shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
VILLAGE, upon request from the VILLAGE's custodian of public records, in a
format that is compatible with the information technology systems of the
VILLAGE.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
above written.
VILLAGE OF NORTH PALM BEACH
SU AN BICKEL, MAYOR
(VILLAGE SEAL)
ATTEST:
V& L GE CLERK
V&
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:-,�--�,
VILLAGE ATTORNEY
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Witnesses:
Print Name'
yd,
Print Dame:
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NOWLEN, HOLT & MINER, P.A.
By: 2522�T- b6w-&
Name: &4WAR--a T. llvV--r
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