CM-2018-1845 - 9/7/2018an
whitleypenri "
August 15, 2018
To the City Manager
221 East Main Street
Round Rock, Texas 78664
Austin Office
1609 Shoal Creek Boulevard
Suite 301
Austin, Texas 78701
512.478.7165 Main
whitleypenn corn
This letter sets forth our understanding for applying agreed-upon procedures to the reporting forms listed
below, required under Title 49 U.S.C. 5335(a), for conformity in all material respects with the requirements
of the Federal Transit Administration (FTA) as set forth in its applicable National Transit Database (NTD)
Uniform System of Accounts (USDA) of City of Round Rock, Texas (the "City") for the fiscal year ended
September 30, 2018.
This engagement is solely for the purpose of reporting our findings in regards to the results of the procedures
performed as compared to the requirements of the FTA as set forth in its applicable NTD USDA. The
procedures we will perform have been agreed to by us and the specified parties to this engagement listed
as follows: the City and the FTA. We will apply the following procedures:
• Review financial forms to ensure that:
o The City's accounting system follows the USOA;
o The City's accounting system follows accrual accounting or uses a directly translatable
method; and
c. Financial data are in accordance with NTD requirements.
• Financial forms include:
Federal Funding Allocation Statistics (Form FFA -10)
o Reduced Reporting (Form RR -20) Small Systems
We will conduct our engagement in accordance with the attestation standards for agreed-upon procedures
engagements of the American Institute of Certified Public Accountants. We are responsible for carrying
out the procedures and reporting findings in accordance with these standards. The sufficiency of these
procedures is solely the responsibility of the specified parties. Consequently, we make no representation as
to the sufficiency of these procedures for the purposes of the specified parties or for any other purpose.
The agreed-upon procedures to be performed do not constitute an examination or review of the subject
matter. Accordingly, we will not express an opinion or conclusion on the subject matter. If we did perform
additional procedures, other matters might come to our attention that would be reported to you.
Our report will list the procedures performed and our findings. Our report will be addressed to the City
Manager and will be intended for use by and restricted to the use of the specified parties as identified above.
Our report will contain such restricted -use language.
Should we have any reservations with respect to the subject matter, we will discuss them with you before
the report is issued.
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To the City Manager
August I5, 2018
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We have no responsibility to update our report for events and circumstances occurring after the date of our
report.
As part of our engagement, we will request from management, written confirmation concerning
representations made to us in connection with the agreed upon procedures.
Fees and Timing
The timing of our engagement will be scheduled for performance and completion as follows:
Plan engagement procedures October 2018
Perform engagement procedures November/December 2018
Issue engagement report January 2019
Guadalupe R. Garcia, CPA is the engagement partner for the services specified in this letter. His
responsibilities include supervising Whitley Penn, LLP's services performed as part of this engagement
and signing or authorizing another qualified firm representative to sign the agreed-upon procedures report_
Our fees are based on the amount of time required and the difficulty of the work involved. We estimate that
our fee for the engagement will be between $4,000 and $4,500. The fee estimate is based on anticipated
cooperation from the City's personnel and the assumption that unexpected circumstances will not be
encountered during the engagement. If significant additional time is necessary, we will keep you informed
of any problems we encounter and our fees will be adjusted accordingly
Our invoices for these fees will be rendered each month as work progresses and are payable on presentation
and payment is due in Tarrant County. You agree to pay reasonable attorney fees and collection costs
incurred relating to collection of fees for services performed under the terms of this engagement. In
accordance with Whitley Penn, LLP policy, work may be suspended if your account becomes 30 days or
more past due and will not resume until your account is paid in full. In addition, invoices not paid in full by
the last day of the month will be assessed interest at a rate of one percent per month. If we elect to terminate
our services for nonpayment, our engagement will be deemed to have been complete even if we have not
issued our report. You will be obligated to compensate us for all time expended and to reimburse us for all
out-of-pocket expenditures through the date of termination. Our report will be released upon final payment
of any outstanding invoices.
The ethics of our profession prohibit the rendering of professional services where the fee for such services
is contingent, or has the appearance of being contingent, upon the results of such services. Accordingly, it
is important that our bills be paid promptly when received. If a situation arises in which it may appear that
our independence would be questioned because of significant unpaid bills, we may be prohibited from
issuing our report.
In the unlikely event that differences concerning our services or fees should arise that are not resolved by
mutual agreement, to facilitate judicial resolution and save time and expense of both parties, the City and
Whitley Penn, LLP agree not to demand a trial by jury in any action, proceeding or counterclaim arising
out of or relating to our services and fees for this engagement. Any controversy, dispute, or questions arising
out of or in connection with this agreement or our engagement shall be determined by arbitration conducted
in accordance with the rules of the American Arbitration Association, and any decision rendered by the
American Arbitration Association shall be binding on both parties to this agreement. The costs of any
To the City Manager
August 15, 2018
Page 3
arbitration shall be borne equally by the parties. Any and all claims in arbitration relating to or arising out
of this contract/agreement shall be governed by the laws of the State of Texas and to the extent any issue
regarding the arbitration is submitted to a court, including the appointment of arbitrators or confirmation of
an award, the District courts in Tarrant County shall have exclusive jurisdiction. Any action arising out of
this agreement or the services provided shall be initiated within two years of the service provided.
Other Matters
To ensure that Whitley Penn, LLP's independence is not impaired under the AICPA Code of Professional
Conduct, you agree to inform the engagement partner before entering into any substantive employment
discussions with any of our personnel.
During the course of the engagement, we may communicate with you or with your personnel via fax or e-
mail, and you should be aware that communication in those mediums contains a risk of misdirected or
intercepted communications.
The attest documentation for this engagement is the property of Whitley Penn, LLP and constitutes
confidential information. However, we may be requested to make certain attest documentation available to
the FTA pursuant to authority given to it by law or regulation. If requested, access to such attest
documentation will be provided under the supervision of Whitley Penn, LLP's personnel. Furthermore,
upon request, we may provide copies of selected attest documentation to the FTA. The FTA may intend, or
decide, to distribute the copies of information contained therein to others, including other governmental
agencies. We agree to retain our attest documentation or work papers for a period of at least five years from
the date of our report.
We will maintain the confidentiality of your personal information and will apply procedures to protect
against any unauthorized release of your personal information to third parties.
Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement
with, the arrangements for our engagement including our respective responsibilities. If you have any
questions, please let us know.
We appreciate the opportunity to be of service to you and look forward to working with you and your staff.
Respectfully,
Whi�1 c`N� L C -P
r
RESPONSE:
This letter correctly sets forth our understanding.
Acknowledged and agreed on lhalf of the City by:
Date:
q-7-/4?
J- City of Round Rock
ROUND ROCK
=x S Agenda Item Summary
Agenda Number:
Title: Consider executing an engagement letter with Whitley Penn, LLP for agreed
upon procedures over data reported to the National Transit Database, as
required beginning in FY2018.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/7/2018
Dept Director: Susan Morgan; CFO
Cost: $4,500.00
Indexes:
Attachments: City of Round Rock FTA AUP FY18
Department: Finance Department
Text of Legislative File CM -2018-1845
Consider executing an engagement letter with Whitley Penn, LLP for agreed upon
procedures over data reported to the National Transit Database, as required beginning in
FY2018.
Annually, the Transit Coordinator submits reports to the National Transit Database (NTD)
including an RR -20 Reduced Reporting Small Systems and an FFA -10 Federal Funding
Allocation Statistics.
Beginning with FY2018, the Independent Auditor's Statement for Financial Data (IAS -FD)
must accompany the annual report submitted to NTD by the City once every 10 years.
For this requirement, Whitley Penn must review the financial forms prepared by the Transit
Coordinator to ensure that:
• the City's transit accounting system (system) follows the Uniform System of
Accounts,
the system uses accrual accounting or uses a directly -translatable method,
and all financial data are compliant with the NTD requirements.
This level of review is not part of the annual external audit contract with Whitley Penn,
LLP that was awarded in FY 2017.
An agreed upon procedures engagement means the specific procedures that the City
City of Round Rock Page 1 Printed on 9/6MIS
Agenda hem Summary Continued (CM -2018-1845)
engages Whitley Penn, LLP to perform over the subject matter. In this case, the
procedures to be performed by Whitley Penn, LLP are specified and required by
NTD.
Cost: $4,500
Source of Funds: General Fund
City of Round Rock Page 2 Printed an 9/6/2018