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R-04-08-12-13C1 - 8/12/2004 RESOLUTION NO. R-04-08-12-13C1 WHEREAS, it is necessary for the City of Round Rock to conduct an annual audit, and WHEREAS, the accounting firm of Pena Swayze & Company has submitted an agreement to provide said audit for the fiscal year ending September 30, 2004, and WHEREAS, the City Council wishes to enter into said agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Pena Swayze & Company to conduct said audit, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004 . EL , y of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Sec tary @PFDeSktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40812C1.WPD/Sc Steve D.Pena,C.P.A. R. Ir PENA SWAYZE 9, hael Swayze,C.P.A. CERTIFIED PUBLIC ACCOUNTANTS , TCo. T L.L.P.7 Mary H.Bott,C.P.A. j� 1 Connie S.Bradley,C.P.A. 10 Stacie A.Carter,C.P.A. Pam Oakes,C.P.A. Mike Hardison,C.P.A. July 23, 2004 Honorable Nyle Maxwell, Mayor Mr. James R. Nuse, City Manager Mr. David Kautz, Assistant City Manager/Chief Financial Officer City of Round Rock Round Rock, Texas Gentlemen: We are pleased to confirm our understanding of the services we are to provide the City of Round Rock for the year ending September 30, 2004. We will audit the City's financial statements of the governmental activities, the business activities, each major fund, and the aggregate remaining fund information as of and for the year ending September 30, 2004. Also, the document we submit to you will include the following additional information that will be subjected to the audit procedures applied in our audit of the financial statements. 1. Management's Discussion and Analysis 2. Schedules of Revenues, Expenditures, and Changes in Fund Balances — Budget and Actual for the general fund and major special revenue funds. 3. Schedule of Expenditures of Federal Awards. The document we submit to you will include a "Statistical Section" that will not be subjected to the audit procedures applied in our audit of the financial statements, and for which our accountant's report will disclaim an opinion. In addition to the financial statements, we will: - Assist in the preparation of the City's Comprehensive Annual Financial Report for submission to the Government Finance Officers Association under its voluntary program for a Certificate of Achievement for Excellence in Financial Reporting. EXHIBIT MEMBER AMERICAN INSTITUTE AND TEXAS SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS P.O.BOX 250 ROUND ROCK,TEXAS 78680 512-255-2165 FAX 512-255-2466 WEBSITE www..psco-cpa.com 8 "Al l City of Round Rock Page 2 July 23, 2004 Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objectives also include reporting on— Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards; issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities The management of the City is responsible for establishing and maintaining internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. City of Round Rock Page 3 July 23, 2004 The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. This responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a)management, (b)employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriations of assets, or violations of laws or governmental regulations that City of Round Rock Page 4 July 23, 2004 are attributable to the entity or to acts by management or employees acting on behalf of the entity. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit will include tests of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct affect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Auditing Procedures -Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the City's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct effect and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. City of Round Rock Page 5 July 23, 2004 As required by OMB Circular A-133, 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 major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform you of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by OMB Circular A-133. Audit Procedures - Compliance Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the City has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of those procedures will be to express an opinion on the City's compliance with requirements applicable to major programs in our report on compliance issued pursuant to OMB Circular A-133. City of Round Rock Page 6 July 23, 2004 Audit Administration, Fees and Other At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies of our reports to the City; however, it is the City's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. The workpapers for this engagement are the property of Pena Swayze & Co., L.L.P. and constitute confidential information. However, we may be requested to make certain workpapers available to the City's cognizant agency or its designer, a federal agency providing direct or indirect funding, or the U.S. General Accounting Office for purposes of quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such workpapers will be provided under the supervision of Pena Swayze & Co., L.L.P. personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The workpapers for this engagement will be retained for a minimum of three years after the date the auditor's report is issued or for any additional period requested by the cognizant agency. If we are aware that a federal awarding agency is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the workpapers. In order for our firm to complete our work in a timely manner and to maintain the level of fees we propose, our firm and the City must closely coordinate the audit work so that City staff disruption is minimized, and we receive timely City prepared reports, information and support. Pena Swayze & Co., L.L.P. intends to begin work on approximately August 15, 2004. The City is to furnish the necessary and customary clerical staff to assist us in preparing detail trial balances and supporting schedules. We also understand that City staff will assist us by locating and submitting to us invoices, cancelled checks and other documents and records which we request. We will utilize City staff in the preparation of certain detailed audit schedules which we would format. We will try to initiate ideas or observations that we believe will help achieve the objectives of the City. We will also be pleased to respond to inquiries you might have about financial or other business matters. City of Round Rock Page 7 July 23, 2004 Our fees are based on the time our personnel require to complete the engagement plus direct expenses. Individual hourly rates vary in accordance with the degree of responsibility and skill of those assigned to the audit. Our estimated fee for this engagement is as follows: - Audit of financial statements (including SAS 99 $ 60,500 Fraud Detection Audit Requirements) - Preparation of the draft of the comprehensive annual financial report $ 21,000 - Compliance with the audit requirements as directed by the Single Audit Act $ 8,500 City staff will be responsible for the completion of the report after delivery of the first draft. We will make our typist available to City staff. Our fee estimate includes all typing. We estimate our examination will take approximately 1,100-1,200 staff hours to complete. If unforeseen complications arise during the audit making it likely that the fee will exceed this amount, we will discuss the increase before proceeding. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2003 peer review accompanies this letter. We appreciate the opportunity to be of service to the City of Round Rock and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sinc rely, PENS YZE & CO., L.L.P. Attachment City of Round Rock Page 8 July 23, 2004 RESPONSE: This letter correctly sets forth the understanding of the City of Round Rock. Nyle Maxwell, Mayor James R. Nuse, City Manager David Kautz, Assistant City Manager/ Chief Financial Officer Date FG R!E R 3424 Texas Boulevard 903.793.5695 REEVES Texarkana, Texas 75503-3248 Fax 903.794.2112 & LAWLEY, P.C. mail@grlcpa.com CERTIFIED PUBLIC ACCOUNTANTS INSTITUTE OF THE AMERICAN ITUTE OF CERTIFIED PUBLIC ACCOUNTANTS To the Partners Pena Swayze & Co., L.L.P. We have reviewed the system of quality control for the accounting and auditing practice of Pena Swayze & Co., L.L.P. (the firm) in effect for the year ended April 30, 2003. A system of q ty uali control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICPA). The design of the system and compliance with it are responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the the firm's compliance with the system based on our review. Our review was conducted in accordance with standards established by the Peer Review Board of AICPA. In performing our review, we obtained an understanding of the system of the firm's accounting and auditing practice. In addition, we tested compliance with the firm's control control the Policies and procedures to the extent we considered a quality ntrol the firm's policies and procedures on selected engagements. Because o tests covered the application of tests, it would not necessarily disclose all weaknesses in the s e our,quality c✓was based ns selective lack of compliance with it. system �r quality co^trc! or all instances of Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system May occur and not be detected. Also, projection of any evaluation of a system ofquality control to future p � P gyres re eriods is subject to the risk that the system of quality control may become inadequate because of changes in conditions or because the degree Of compliance with the Policies procedures may deteriorate. es or p res In our opinion, the system of quality control for the accounting and auditing practice of Pena Swayze Co., L.L.P. in effect for the year ended April 30, 2003, has been designed to meet the requirements ft & quality control standards for an accounting and auditingf the complied with during the year then ended to provide the irpmawith reasonable assurance shed by the lofonforming with professional standards. 9 August 26, 2003 DATE: August 6, 2004 SUBJECT: City Council Meeting - August 12, 2004 ITEM: 13.C.1. Consider a resolution authorizing the Mayor to execute an agreement with Pena Swayze & Co., L.L.P. for the annual audit for the fiscal year ending September 30, 2004. Deuart_ ment: Finance Department Staff Person: Cindy Demers, Finance Director Justification: The audit provides an independent examination of financial records, activities and operations to assess internal control practices, compliance with regulations, grant terms, bond covenants, contractual requirements and fairness of presentations of financial information. The recommended firm also provides valuable ideas and observations intended to help achieve the City's objectives in maintaining adequate financial controls, policies and procedures. Funding• Cost: $90,000 Source of funds: The General and Debt Service Operating Budgets Outside Resources: N/A Background Information• The City's Charter requires an annual audit of the financial records to be performed by an independent certified public accountant. The objective of the audit is the expression of an opinion as to whether the City's general-purpose financial statements are fairly presented in conformity with generally accepted accounting principles. Other objectives include reporting on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements in accordance with Government Auditing Standards and Single Audit Act requirements. The local firm has a history of providing the City with outstanding audit service and has exhibited a high level of quality control and professional standards as shown in the attached peer review document. Additionally the firm will continue to be a valuable resource serving as an advisor for the required new financial reporting model implementation team. Public Comment N/A Executed Document Follows Steve D.Pena,C.P.A. R.Michael Swayze,C.P.A. IPENA SWAYZE & CO., L.L.P. Mary ie S.Brady C.P.A. CERTIFIED PUBLIC ACCOUNTANTS Stacie A.Carter,C.P.A. Pam Oakes,C.P.A. Mike Hardison,C.P.A. July 23, 2004 Honorable Nyle Maxwell, Mayor Mr. James R. Nuse, City Manager Mr. David Kautz, Assistant City Manager/Chief Financial Officer City of Round Rock Round Rock, Texas Gentlemen: We are pleased to confirm our understanding of the services we are to provide the City of Round Rock for the year ending September 30, 2004. We will audit the City's financial statements of the governmental activities, the business activities, each major fund, and the aggregate remaining fund information as of and for the year ending September 30, 2004. Also, the document we submit to you will include the following additional information that will be subjected to the audit procedures applied in our audit of the financial statements. 1. Management's Discussion and Analysis 2. Schedules of Revenues, Expenditures, and Changes in Fund Balances — Budget and Actual for the general fund and major special revenue funds. 3. Schedule of Expenditures of Federal Awards. The document we submit to you will include a "Statistical Section" that will not be subjected to the audit procedures applied in our audit of the financial statements, and for which our accountant's report will disclaim an opinion. In addition to the financial statements, we will: - Assist in the preparation of the City's Comprehensive Annual Financial Report for submission to the Government Finance Officers Association under its voluntary program for a Certificate of Achievement for Excellence in Financial Reporting. R-04-094130-1 MEMBER AMERICAN INSTITUTE AND TEXAS SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS P.O.BOX 250 ROUND ROCK,TEXAS 78680 512-255-2165 FAX 512-255-2466 WEBSITE www.psco-cpa.com City of Round Rock Page 2 July 23, 2004 Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objectives also include reporting on— Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards; issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities The management of the City is responsible for establishing and maintaining internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates andjudgments by management are required to assess the expected benefits and related costs of the controls. City of Round Rock Page 3 July 23, 2004 The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. This responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a)management, (b)employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriations of assets, or violations of laws or governmental regulations that City of Round Rock Page 4 July 23, 2004 are attributable to the entity or to acts by management or employees acting on behalf of the entity. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit will include tests of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct affect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Auditing Procedures - Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the City's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct effect and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. City of Round Rock Page 5 July 23, 2004 As required by OMB Circular A-133, 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 major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform you of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by OMB Circular A-133. Audit Procedures - Compliance Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the City has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of those procedures will be to express an opinion on the City's compliance with requirements applicable to major programs in our report on compliance issued pursuant to OMB Circular A-133. City of Round Rock Page 6 July 23, 2004 Audit Administration, Fees and Other At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies of our reports to the City; however, it is the City's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. The workpapers for this engagement are the property of Pena Swayze & Co., L.L.P. and constitute confidential information. However, we may be requested to make certain workpapers available to the City's cognizant agency or its designer, a federal agency providing direct or indirect funding, or the U.S. General Accounting Office for purposes of quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such workpapers will be provided under the supervision of Pena Swayze & Co., L.L.P. personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The workpapers for this engagement will be retained for a minimum of three years after the date the auditor's report is issued or for any additional period requested by the cognizant agency. If we are aware that a federal awarding agency is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the workpapers. In order for our firm to complete our work in a timely manner and to maintain the level of fees we propose, our firm and the City must closely coordinate the audit work so that City staff disruption is minimized, and we receive timely City prepared reports, information and support. Pena Swayze & Co., L.L.P. intends to begin work on approximately August 15, 2004. The City is to furnish the necessary and customary clerical staff to assist us in preparing detail trial balances and supporting schedules. We also understand that City staff will assist us by locating and submitting to us invoices, cancelled checks and other documents and records which we request. We will utilize City staff in the preparation of certain detailed audit schedules which we would format. We will try to initiate ideas or observations that we believe will help achieve the objectives of the City. We will also be pleased to respond to inquiries you might have about financial or other business matters. City of Round Rock Page 7 July 23, 2004 Our fees are based on the time our personnel require to complete the engagement plus direct expenses. Individual hourly rates vary in accordance with the degree of responsibility and skill of those assigned to the audit. Our estimated fee for this engagement is as follows: - Audit of financial statements (including SAS 99 $ 60,500 Fraud Detection Audit Requirements) Preparation of the draft of the comprehensive annual financial report $ 21,000 Compliance with the audit requirements as directed by the Single Audit Act $ 8,500 City staff will be responsible for the completion of the report after delivery of the first draft. We will make our typist available to City staff. Our fee estimate includes all typing. We estimate our examination will take approximately 1,100-1,200 staff hours to complete. If unforeseen complications arise during the audit making it likely that the fee will exceed this amount, we will discuss the increase before proceeding. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2003 peer review accompanies this letter. We appreciate the opportunity to be of service to the City of Round Rock and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sinc eliAYZJE:7. ,&, M PENA ., L.L.P. Attachment City of Round Rock Page 8 July 23, 2004 RESPONSE: This letter correctly sets forth the understanding of the City of Round Rock. axwell, ayor mes . Nuse, City Manager David Kautz, Assistant i y Manager/ Chief Financial Officer g- ia -off Date F7Ik G R!E R 3424 Texas Boulevard 903.793.5695 REEVES Texarkana, Texas 75503-3248 Fax 903.794.2112 & LAWLEY, P.C. mail@grlcpa.com CERTIFIED PUBLIC ACCOUNTANTS INSTITUTE OF THE AMERICAN STITUTE OF CERTIFIED PUBLIC ACCOUNTANTS To the Partners Pena Swayze & Co., L.L.P. We have reviewed the system of quality control for the accounting and auditing & Co., L.L.P. (the firm) in effect for the year ended April 30, 2003. A system of quality encompasses the firm's organizational structure and the policies adopted practice of Pena Swayze provide it with reasonable assurance of conforming with professional standards. T q control control are described in the Statements on Quality Control an and procedures established to Certified Public Accountants (AICPA). The design of the system he elements of quality Standards issued by the American Institute of responsibility of the firm. Our responsibility is to express an opinion on he design plof the system, and thance with it are e firm's compliance with the system based on our review. e Our review was conducted in accordance with standards established by the Peer Review Bo AICPA. In performing our review, we obtained an understanding of the system of quality and of the firm's accounting and auditing practice. In addition, we tested compliance with the firm's control for the Policies and procedures to the extent we considered appropriate. quality control the firm's policies and procedures on selected engagements. Because our review tests covered the application of tests, it would not necessarily disclose all weaknesses in the system of quality contrrc!cr all instances lack of compliance with it. selective ances of Because there are inherent limitations in the effectiveness of any systern of quality control d from the system may occur and not be detected.Also, projection of any evaluation of a system control to future � departures periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions or because the degree of compliance with the of • y of quality may deteriorate. Policies or procedures In our opinion, the system of quality control for the accounting and auditing practice of Pena Co., L.L.P. in effect for the year ended April 30, 2003, has been designed to meet the requirements Swayze oft e quality control standards for an accounting and auditing of the complied with during the year then ended to provide the lrpmawith reasobnlable assurance ofished by the conforming with professional standards. mmg August 26, 2003