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BCRUA_R-09-07-08-8A RESOLUTION NO. R-09- 07- t' WHEREAS, the Brushy Creek Regional Utility Authority (BCRUA) desires to enter into an Engagement Agreement with Pena Swayze & Co. , L.L. P. for accounting services, Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the Board President is hereby authorized and directed to execute on behalf of the BCRUA an Engagement Agreement with Pena Swayze & Co. , L.L.P. , a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The Board 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 8th day of July, 2009 . MITCFULLER, President Brush Creek gional Utility Authority F cretary Sings\madams.CORR\L—a1 S—tinge\Temporary 1—e— F11es\0LK1C0\Ree Bc UA - Engagemenc Ag- w-Pena Swayze (001646501 DOC/Me PENA SWAYZE & CO., L.L.P. 100 CERTIRED PUBLIC ACCOUNTAWS June 30,2009 Brushy Creek Regional Utility Authority 221 E.Main Street Round Rack, Texas 78664 To Whom It May Concern: This letter is to confirm and clarify the following professional services we will provide for Brushy Creek Regional Utility Authority(BCRUA). Accoundng Services 1. We will develop accounting and internal control procedures for the administration and reporting of financial activities of the Authority. 2. We will enter all accounts payable invoices and prepare checks for approval and signature. 3. We will record all cash receipts and deposits. 4. We will perform monthly bank reconciliations for each bank account. 5. We will perform monthly adjusting journal entries as necessary. 6. We will prepare payroll,payroll tax deposits,and all required payroll reporting. 7. We will prepare required annual 1099's. 6. Prepare an unaudited(compiled)balance sheet and income statement monthly to be presented at the subsequent board meeting. 7. Assist in preparing annual budget and monthly budget comparison. 8. Provide any other accounting assistance and administrative services as expressly requested in writing. Our Fees Our engagement fees are based upon the amount of time required at our standard billing rates for the personnel working on the engagement plus out-of-pocket expenses. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Partner $250-S300 Manager 125 - 250 Staff 75 - 100 MEMBER AMERICAN INSTITUTE AND TEXAS SOCIETY OF CERTIFIED PUBLIC ACCOUN7AATS P.O.BOX 250 ROUND ROCK,TEXAS 78660 512-255-2165 FAX 512-255-2466 Brushy Creek Regional Utility Authority June 30,2009 Page Two These services cannot be relied upon to disclose all errors, irregularities, or illegal acts, including fraud or defalcations that may exist. We will inform you the appropriate level of the Authority of any mateial errors,irregularities or illegal acts that come to our attention. The term of this engagement shall be five (S)years from May 15, 2009, provided that either party may terminate the agreement upon thirty(30)days written notice to the other. In the event of termination BCRUA shall be liable for all undisputed fees owed for work performed through the date of termination plus fees for work authorized after the date of termination to assist with the transition to a new service provider. We appreciate that you selected us as your certified public accountants, and we look forward to a long and mutually beneficial association. If the foregoing is in agreement with your objectives, please sign the enclosed copy of this letter in the space provided and return it to us. Sincerely, Pena Swayze&Co.,L.L.P. Accepted By: Date: DATE: July 6, 2009 SUBJECT: BCRUA Board Meeting—July 8, 2009 ITEM: 8A. Consider a resolution authorizing the President to execute an Engagement Agreement with Pena Swayze &Company, LLP for accounting services. City Liaison: Cindy Demers,Assistant City Manager City of Round Rock Justification: The BCRUA requires professional services to establish the accounting for and financial management of the construction of the regional water system on behalf of the three cities. Services will include accounting for all bond proceeds, construction contracts, payments to vendors and monthly and annual reporting of all financial activity. Pena Swayze has provided this type of service for other similar entities in the area and has previously served as external auditors for both the Cities of Round Rock and Cedar Park. The term is up to a maximum 5 year period. Funding: The fees are based upon the amount of time required at the standard billing rates per hour. Outside Resources: Pena Swayze & Company, LLP