CM-2026-054 - 2/13/2026Forvis Mazars, LLP is an independent member of Forvis Mazars Global Limited
January 27, 2026
City of Round Rock, TX
221 E. Main Street
Round Rock, TX 78664
We appreciate your selection of Forvis Mazars, LLP as your service provider and are pleased to confirm
the arrangements of our engagement in this contract. Within the requirements of our professional standards
and any duties owed to the public, regulatory, or other authorities, our goal is to provide you an Unmatched
Client Experience.
In addition to the terms set forth in this contract, including the detailed Scope of Services, our engagement
is governed by the following, incorporated fully by this reference:
The Reporting Solution End User License Agreement
Terms and Conditions Addendum
Summary Scope of Services
As described in the attached Scope of Services, our services will include the following:
The Reporting Solution license for the year ended September 30, 2025
You agree to assume full responsibility for the substantive outcomes of the contracted services and for any
other services we may provide, including any findings that may result.
You also acknowledge these services are adequate for your purposes, and you will establish and monitor
the performance of these services to ensure they meet managements objectives. All decisions involving
management responsibilities related to these services will be made by you, and you accept full responsibility
for such decisions.
We understand you have designated (or will) a management-level individual to be responsible and
accountable for overseeing the performance of these services, and you have determined (or will) this
individual is qualified to conduct such oversight.
Engagement Fees
The annual fee for The Reporting Solution license will be a fee of $3,000 for the ACFR report for the year
ended September 30, 2025. This fee is subject to change on a yearly basis with the issuance of our annual
contract for services.
Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will
be paid promptly. Payment of our invoices is due upon receipt.
City of Round Rock, TX
January 27, 2026
Page 2
Our timely completion of services and the fees thereon depends on the assistance you provide us in
accumulating information and responding to our inquiries. Inaccuracies or delays in providing this
information or the responses may result in additional billings, untimely filings, or inability to meet other
deadlines.
Contract Agreement
Please sign and return this contract to indicate your acknowledgment of, and agreement with, the
arrangements for our services including our respective responsibilities.
Forvis Mazars, LLP
Acknowledged and agreed to as it relates to the entire contract, including the Scope of Services, The
Reporting Solution End User License Agreement, and Terms and Conditions Addendum, on behalf
of City of Round Rock, TX.
BY
Brooks Bennett, City Manager
DATE
City of Round Rock, TX
January 27, 2026
Page 3
Scope of Services
We will provide access to and use of The Reporting Solution (TRS) which is a web-based Annual
Comprehensive Financial Report (ACFR) preparation software for the year ended September 30, 2025.
Forvis Mazars will assist with the ACFR building in TRS based upon your objectives and will provide certain
limited training with respect to your use of TRS. Specifically, Forvis Mazars will:
Ongoing Services
Provide support related to questions and issues related to TRS
Provide post-ACFR build training related to TRS
This engagement is not intended to be an audit, review, compilation, or preparation of financial statements
in accordance with standards issued by the American Institute of Certified Public Accountants. Further, we
will not perform an audit in accordance with auditing standards generally accepted in the United States of
America (GAAS).
The following apply for these services:
Our
Responsibilities
We will not make management decisions, perform management responsibilities
or obligations, or manage the operations of the entity, the responsibility for which
remains with management and the Board of Directors. We will also not act or
appear to act in a capacity equivalent to that of a member of your management
or an employee.
We will use and rely on information furnished by you, your employees, and
representatives and may use and rely on information available from generally
recognized public sources. We are not responsible for the accuracy and
completeness of the information and are not responsible to investigate or verify
it.
We will not be representing you during compliance-related discussions with
regulatory agencies.
Limitations &
Fraud
This engagement is not designed to prevent or discover errors,
misrepresentations, fraud, or illegal acts, and you agree we have no such
responsibility.
Because of the limits in any internal control structure, errors, fraud, illegal acts,
or instances of noncompliance may occur and not be detected.
Standards &
No Opinion
We will perform this engagement in accordance with the Statement on Standards
for Consulting Services established by the American Institute of Certified Public
Accountants (AICPA). This engagement will not constitute an examination, audit,
attestation, or agreed-upon procedures engagement as those services are
defined under relevant AICPA standards. Accordingly, we will not provide an audit
or attest opinion or other form of assurance and will not verify or audit any
information provided to us.
In addition, we have not been engaged to provide an opinion with respect to the
effectiveness of your controls over financial reporting or the degree of compliance
with your policies and procedures or applicable laws and/or regulations.
City of Round Rock, TX
January 27, 2026
Page 4
Your
Responsibilities
Management acknowledges and understands their responsibility for the
following:
Ensuring appropriate level of due diligence related to the ACFR building in
TRS in connection with this agreement has been performed. This includes
determining whether TRS possesses the appropriate level of functionality
and performance for your current and future needs
Providing us with accurate and complete information necessary to complete
the engagement
Ensuring your staff and stakeholders are available to assist us in performing
our services, including but not limited to interviews and information requests,
providing feedback, and reviewing on a timely basis
Establishing and maintaining its internal controls
Third-Party
Submissions
Our engagement will not include the submission of documentation to any third
parties. We will not make this or any other submission unless we are separately
engaged to do so. You understand that the timely submission of this information
is your responsibility.
Boycott Israel As required by Chapter 2271, Texas Government Code, we represent that we do
not boycott Israel and will not boycott Israel through the term of this engagement.
For purposes of this representation, boycott Israel means refusing to deal with,
terminating business activities with, or otherwise taking any action that is intended
to penalize, inflict economic harm on, or limit commercial relations specifically
with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled territory, but does not include an action made for ordinary business
purposes.
City of Round Rock, TX
January 27, 2026
Page 5
The Reporting Solution End User License Agreement
Please read this document carefully because it explains the legal rights and obligations inherent to your ability to access and use
The Reporting Solution
This End User License Agreement (EULA) governs use of The Reporting Solution and any related, upgraded, or substitute for the web
application, software, and services provided by or on behalf of Forvis Mazars, LLP (Forvis Mazars) relating to preparation of certain financial
reports (Software). By accessing and/or using the Software, you and the entity you are working for or on behalf of agree to be bound by the
terms of this EULA, although this EULA does not abrogate any other contract or understanding regarding the Software and your relationship
with Forvis Mazars, e.g., a sales contract, purchase agreement, privacy policy, disclaimer, etc., relating to the Software and/or services
provided by Forvis Mazars. This EULA is effective as of the first time the Software is accessed and it will remain in effectin its current or
any future amended formfor however long the Software is used or until another EULA is executed. Some of the obligations in this EULA
survive and extend beyond the term of this EULA and/or the point in time after which you voluntarily or involuntarily stop accessing or using
the Software.
1. License Grant
By providing credentials to access the Software, Forvis Mazars grants you a nonexclusive, nontransferable, non-sublicensable, limited right,
and license to use the Software on compatible devices you own or control for preparation of financial reports for your entity in a single, given
reporting year (the License). The rights granted under the License are subject to the terms of this EULA as well as any prior or future
contract you have or may enter into with Forvis Mazars or that you may otherwise be explicitly or implicitly required to follow owing to your
employment by or fiduciary or other duty of care owed to an entity doing business with Forvis Mazars. You (both personally and in any
representative capacity you may or do have for a particular entity) may only make use of the License if you comply with all applicable terms,
including but not limited to this EULA.
The Software is licensed, not sold, under this License. The License does not grant any title or ownership in the Software. Any individual
accessing the Software is expressly representing that they have the authority and ability to act on behalf of an entity that possesses the ability
to access and use the Software, and you and that entity will be jointly and severally responsible for any and all actions taken by an actor
using credentials, irrespective of whether that person has the actual authority or ability to act on behalf of that entity.
2. Conditions & Restrictions on Use Pursuant to the License
You may not and will not do, attempt to do, or otherwise attempt to have anyone else do on your behalf or for your benefit any of the following
with respect to the Software: (a) copy, reproduce, distribute (including via a network server), display, or use it in a way that is not expressly
authorized by Forvis Mazars (either via this EULA or some other written instrument); (b) sell, rent, lease, license, distribute, transfer, or use
it in a manner that actually or is reasonably likely to harm Forvis Mazars or its existing or future business prospects; (c) reverse engineer,
derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (d) remove, disable,
circumvent, or modify any security technology or proprietary notice or label included in it; (e) use it to infringe or violate the rights of any third
party, including but not limited to any intellectual property, publicity, or privacy rights; (f) use, export, or re-export it in violation of any applicable
law or regulation; or (g) deliberately or negligently access or use it in a manner that transmits or propagates any virus, Trojan horse, worm,
bomb, and/or corrupted or malicious files or that otherwise threatens, defames, disparages, harasses, or endangers the integrity of any
person or entity, the Software, Forvis Mazars hardware and networks, the hardware and networks of any other user of the Software or other
person or entity, and/or any data and information inherent to any of the same.
In the event you gain access to data or information of others and/or to functionality in the Software, either of which is beyond the scope or
intent of the understanding by which credentials were originally granted to you, you will notify Forvis Mazars as soon as is reasonably
practical. Further, you will not copy, alter, delete, use, or otherwise exploit such data, information, and/or functionality and, instead, will treat
it with and use the highest degree of care necessary to protect its confidentiality. These obligations of notification and confidentiality will
survive the termination of this EULA.
3. Disclaimers & Limitation of Liability
Except to the extent an explicit warranty or representation is made in a separate, written contract, the Software is provided on an as is and
as available basis, with all faults and without warranty of any kind. Forvis Mazars, its licensors, its and their affiliates, successors, and
assigns disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the
Software, including without limitation all express, implied, and statutory warranties and conditions of any kind. Without limiting the generality
of the foregoing, Forvis Mazars, its licensors, its and their affiliates, successors, and assigns make no warranty that (1) that the operation of
the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (2) that any defects in the Software or
Services can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Forvis Mazars, nor its licensors, nor its or their affiliates, nor any of Forvis Mazars
agents or service providers (collectively, the Forvis Mazars Parties), shall be liable in any way for any loss of profits or any indirect, incidental,
consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software. Further, to the
maximum extent permitted by applicable law and in the absence of any contrary written agreement, the aggregate liability of the
City of Round Rock, TX
January 27, 2026
Page 6
Forvis Mazars Parties arising out of or in connection with this EULA will not exceed the total amounts you have paid to Forvis Mazars for the
Software. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. For the
avoidance of any doubt, these provisions shall survive termination or expiration of this EULA.
4. Indemnity
You are responsible for any damage caused to Forvis Mazars and/or any other person or entity that has a right to use the Software and was
harmed as a result of your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND KEEP INDEMNIFIED Forvis Mazars AGAINST ANY CLAIM OR ALLEGED CLAIMS,
LIABILITIES, LOSSES, DAMAGES, AND ALL COSTS (INCLUDING LAWYERS FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO
YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR MISUSE OF THE
SOFTWARE. For the avoidance of any doubt, this provision shall survive termination or expiration of this EULA.
5. Termination
This EULA will terminate concurrently according to the understanding by which credentials were originally granted for access and use of the
Software. Forvis Mazars reserves the right to terminate this EULA, without cause, with at least 30 days written notice to you. Forvis Mazars
may immediately terminate this EULA if it reasonably concludes that doing so is warranted under the circumstances due to unlawful use or
failure to pay.
6. Changes to this EULA by Forvis Mazars
Forvis Mazars reserves the right, in its sole and absolute discretion, to revise, supplement, and/or delete certain terms of this EULA for
security, legal, best practice, or regulatory reasons, provided that any such revisions, supplements, and/or deletions do not contravene any
separate written agreement between you and Forvis Mazars. Such changes will be effective with or, as applicable, without prior notice to
you. You can review the most current version of this EULA in the Software or by requesting the same from Forvis Mazars. You are responsible
for checking this EULA periodically for changes. Your continued use of the Product following any revision to this EULA constitutes your
acceptance of any and all such changes.
7. Other Terms
This Agreement and any document or information referred to in this EULA constitute the entire agreement between you and Forvis Mazars
relating to the subject matter covered by this EULA. All other communications, proposals, and representations with respect to the subject
matter covered by this EULA are excluded and, instead, must be memorialized in a separate written agreement executed by an authorized
representative of each party involved.
If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal, or unenforceable, that
provision will be, to the extent required, deemed to be deleted, and the validity and enforceability of the other provisions of this EULA will not
be affected. If any invalid, unenforceable, or illegal provision of this EULA would be valid, enforceable, and legal if some part of it were
deleted, the provision will apply with the minimum modification necessary to make it legal, valid, and enforceable to reflect the intent of this
EULA.
Any action by Forvis Mazars to exercise, or its failure or delay in exercising, any of its rights under this Agreement will not be deemed a
waiver of those or any other rights or remedies available in contract, at law, or in equity.
You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as
expressly stated.
To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter
or formation (including noncontractual disputes or claims) are governed by and construed in accordance with the laws of the United States
and the State of Texas, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations
Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation
of this EULA.
Forvis Mazars obligations are subject to existing laws and legal process, and Forvis Mazars may comply with law enforcement or regulatory
requests or requirements despite any contrary term in this Agreement.
City of Round Rock, TX
January 27, 2026
Page 7
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
Forvis Mazars, LLP City of Round Rock, TX
By:
Name: Denny Ard
Title: Partner
By:
Name:
Title:
City of Round Rock, TX
January 27, 2026
Page 8
Forvis Mazars, LLP Terms and Conditions Addendum
GENERAL
1. Overview. This addendum describes Forvis Mazars, LLPs
standard terms and conditions (Terms and Conditions)
applicable to Our provision of services to the Client (You). The
Terms and Conditions are a part of the contract between You
and Forvis Mazars, LLP. For the purposes of the Terms and
Conditions, any reference to Firm, We, Us, or Our is a
reference to Forvis Mazars, LLP (Forvis Mazars), and any
reference to You or Your is a reference to the party or parties
that have engaged Us to provide services and the party or
parties ultimately responsible for payment of Our fees and
costs.
BILLING, PAYMENT, & TERMINATION
2. Billing and Payment Terms. We will bill You for Our
professional fees and costs as outlined in Our contract. Unless
otherwise provided in Our contract, payment is due upon
receipt of Our billing statement. Interest will be charged on any
unpaid balance after 30 days at the rate of 10 percent per
annum, or as allowed by law at the earliest date thereafter, and
highest applicable rate if less than 10 percent. All fees, charges,
and other amounts payable to Forvis Mazars hereunder do not
include any sales, use, excise, value-added, or other applicable
taxes, tariffs, or duties, payment of which shall be Your sole
responsibility, and do not include any applicable taxes based
on Forvis Mazars net income or taxes arising from the
employment or independent contractor relationship between
Forvis Mazars and Forvis Mazars personnel.
We reserve the right to suspend or terminate Our work for this
engagement or any other engagement for nonpayment of fees.
If Our work is suspended or terminated, You agree that We will
not be responsible for Your failure to meet governmental and
other deadlines, for any penalties or interest that may be
assessed against You resulting from Your failure to meet such
deadlines, and for any other damages (including but not limited
to consequential, indirect, lost profits, or punitive damages)
incurred as a result of the suspension or termination of Our
services.
Our fees may increase if Our duties or responsibilities are
increased by rulemaking of any regulatory body or any
additional new accounting or auditing standards. Our
engagement fees do not include any time for post-engagement
consultation with Your personnel or third parties, consent
letters and related procedures for the use of Our reports in
offering documents, inquiries from regulators, or testimony or
deposition regarding any subpoena. Charges for such services
will be billed separately.
3. Billing Records. If these services are determined to be within
the scope and authority of Section 1861(v)(1)(I) of the Social
Security Act, We agree to make available to the Secretary of
Health and Human Services, or to the U.S. Comptroller
General, or any of their duly authorized representatives, such
of Our books, documents, and records that are necessary to
certify the nature and extent of Our services, until the expiration
of four (4) years after the furnishing of these services. This
contract allows access to contracts of a similar nature between
subcontractors and related organizations of the subcontractor,
and to their books, documents, and records.
4. Termination. Either party may terminate these services in
good faith at any time for any reason, including Your failure to
comply with the terms of Our contract or as We determine
professional standards require. Both parties must agree, in
writing, to any future modifications or extensions. If services are
terminated, You agree to pay Forvis Mazars for time expended
to date. In addition, You will be billed costs and fees for services
from other professionals, if any, as well as an administrative fee
of five (5) percent to cover certain technology and
administrative costs associated with Our services. Unless
terminated sooner in accordance with its terms, this
engagement shall terminate upon the completion of Forvis
Mazars services hereunder.
DISPUTES & DISCLAIMERS
5. Mediation. Any dispute arising out of or related to this
engagement will, prior to resorting to litigation, be submitted for
nonbinding mediation upon written request by either party. Both
parties agree to try in good faith to settle the dispute in
mediation. The mediator will be selected by agreement of the
parties. The mediation proceeding shall be confidential. Each
party will bear its own costs in the mediation, but the fees and
expenses of the mediator will be shared equally.
6. Indemnification. You agree to indemnify, defend, and hold
harmless Forvis Mazars and any of its partners, principals,
shareholders, officers, directors, members, employees, agents,
or assigns with respect to any and all claims arising from this
engagement, regardless of the nature of the claim, and
including the negligence of any party, except to the extent
caused by the intentional or willful misconduct of Forvis
Mazars. This provision shall not apply if enforcement is
disallowed by applicable law or professional standards.
In addition, You acknowledge and agree that any advice,
recommendations, information, or work product provided to
You in connection with this engagement is based in part upon
the accuracy of Your factual representations to Forvis Mazars
and is not intended to be relied upon by any other parties. You
agree to indemnify, defend, and hold Forvis Mazars harmless
from and against any and all liability for loss and damage
including, direct, indirect, consequential, incidental, and special
damages such as loss of revenue and anticipated profits
(Damages) arising under or by virtue of (i) material factual
misrepresentations or omissions to Forvis Mazars by You or
Your agents, and (ii) claim or demand of any third party to the
extent resulting from that partys use or possession of or
reliance upon Forvis Mazars advice, recommendations,
information, or work product (collectively Work Product) as a
direct or indirect result of Your use or disclosure of such Work
Product, except as such use, possession, or reliance is
specifically authorized by Forvis Mazars in writing or otherwise
authorized by applicable law.
Unless specifically authorized by Forvis Mazars in writing or as
authorized by applicable law, You agree that You will not
provide any third party with Our Work Product for their use or
reliance.
City of Round Rock, TX
January 27, 2026
Page 9
7. Statute of Limitations. You agree that any claim or legal
action arising out of or related to this contract and the services
provided hereunder shall be commenced no more than one (1)
year from the date of delivery of the work product to You or the
termination of the services described herein (whichever is
earlier), regardless of any statute of limitations prescribing a
longer period of time for commencing such a claim under law.
This time limitation shall apply regardless of whether Forvis
Mazars performs other or subsequent services for You. A claim
is understood to be a demand for money or services, demand
for mediation, or the service of suit based on a breach of this
contract or the acts or omissions of Forvis Mazars in performing
the services provided herein. This provision shall not apply if
enforcement is disallowed by applicable law or professional
standards.
8. Limitation of Liability. You agree that Forvis Mazars liability,
if any, arising out of or related to this contract and the services
provided hereunder, shall be limited to the amount of the fees
paid by You for services rendered under this contract. This
limitation shall not apply to the extent it is finally, judicially
determined that the liability resulted from the intentional or
willful misconduct of Forvis Mazars or if enforcement of this
provision is disallowed by applicable law or professional
standards.
9. Waiver of Certain Damages. In no event shall Forvis Mazars
be liable to You or a third party for any indirect, special,
consequential, punitive, or exemplary damages, including but
not limited to lost profits, loss of revenue, interruption, loss of
use, damage to goodwill or reputation, regardless of whether
You were advised of the possibility of such damages,
regardless of whether such damages were reasonably
foreseeable, and regardless of whether such damages arise
under a theory of contract, tort, strict liability, or otherwise.
10. Choice of Law. You acknowledge and agree that any dispute
arising out of or related to this contract shall be governed by the
laws of the State of Texas, without regard to its conflict of laws
principles.
11. WAIVER OF JURY TRIAL. THE PARTIES HEREBY AGREE
NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE
OF RIGHT BY JURY, AND WAIVE ANY RIGHT TO TRIAL BY
JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT
SHALL NOW OR HEREAFTER EXIST WITH REGARD TO
THIS AGREEMENT, OR ANY CLAIM, COUNTERCLAIM, OR
OTHER ACTION ARISING IN CONNECTION THEREWITH.
THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN
KNOWINGLY AND VOLUNTARILY BY THE PARTIES, AND
IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH
INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT
TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE.
12. Severability. In the event that any term or provision of this
agreement shall be held to be invalid, void, or unenforceable,
then the remainder of this agreement shall not be affected, and
each such term and provision of this agreement shall be valid
and enforceable to the fullest extent permitted by law.
13. Assignment. You acknowledge and agree that the terms and
conditions of this contract shall be binding upon and inure to
the parties successors and assigns, subject to applicable laws
and regulations.
14. Disclaimer of Legal or Investment Advice. Our services do
not constitute legal or investment advice. You should seek the
advice of legal counsel in such matters. Regulatory authorities
may interpret circumstances differently than We do. In addition,
the applicable laws, regulations, and regulators enforcement
activities may change over time.
RECORDS, WORKPAPERS, DELIVERABLES, &
PROPRIETARY INFORMATION
15. Maintenance of Records. You agree to assume full
responsibility for maintaining Your original data and records
and that Forvis Mazars has no responsibility to maintain this
information. You agree You will not rely on Forvis Mazars to
provide hosting, electronic security, or backup services, e.g.,
business continuity or disaster recovery services, to You unless
separately engaged to do so. You understand that Your access
to data, records, and information from Forvis Mazars servers,
i.e., Forvis Mazars portals used to exchange information, can
be terminated at any time and You will not rely on using this to
host Your data and records.
16. Forvis Mazars Workpapers. Our workpapers and
documentation retained in any form of media for this
engagement are the property of Forvis Mazars. We can be
compelled to provide information under legal process. In
addition, We may be requested by regulatory or enforcement
bodies (including any State Board) to make certain workpapers
available to them pursuant to authority granted by law or
regulation. Unless We are prohibited from doing so by law or
regulation, Forvis Mazars will inform You of any such legal
process or request. You agree We have no legal responsibility
to You in the event We determine We are obligated to provide
such documents or information.
17. Subpoenas or Other Legal Process. In the event Forvis
Mazars is required to respond to any such subpoena, court
order, or any government regulatory inquiry or other legal
process relating to You or Your management for the production
of documents and/or testimony relative to information We
obtained or prepared incident to this or any other engagement
in a matter in which Forvis Mazars is not a party, You shall
compensate Forvis Mazars for all time We expend in
connection with such response at normal and customary hourly
rates and to reimburse Us for all out-of-pocket expenses
incurred in regard to such response.
18. Use of Deliverables and Drafts. You agree You will not modify
any deliverables or drafts prepared by Us for internal use or for
distribution to third parties. You also understand that We may
on occasion send You documents marked as draft and
understand that those are for Your review purpose only, should
not be distributed in any way, and should be destroyed as soon
as possible.
19. Proprietary Information. You acknowledge that proprietary
information, documents, materials, management techniques,
and other intellectual property are a material source of the
services We perform and were developed prior to Our
association with You. Any new forms, software, documents, or
intellectual property We develop during this engagement for
Your use shall belong to Us, and You shall have the limited right
to use them solely within Your business. All reports, templates,
manuals, forms, checklists, questionnaires, letters,
City of Round Rock, TX
January 27, 2026
Page 10
agreements, and other documents which We make available to
You are confidential and proprietary to Us. Neither You, nor any
of Your agents, will copy, electronically store, reproduce, or
make any such documents available to anyone other than Your
personnel. This provision will apply to all materials whether in
digital, hard copy format, or other medium.
REGULATORY
20. U.S. Securities and Exchange Commission (SEC) and
other Regulatory Bodies. Where We are providing services
either for (a) an entity that is registered with the SEC, (b) an
affiliate of such registrant, or (c) an entity or affiliate that is
subject to rules, regulations, or standards beyond those of the
American Institute of Certified Public Accountants (AICPA),
any term of this contract that would be prohibited by or impair
Our independence under applicable law or regulation shall not
apply to the extent necessary only to avoid such prohibition or
impairment.
21. Forvis Mazars Not a Municipal Advisor. Forvis Mazars is not
acting as Your municipal advisor under Section 15B of the
Securities Exchange Act of 1934, as amended. As such, Forvis
Mazars is not recommending any action to You and does not
owe You a fiduciary duty with respect to any information or
communications regarding municipal financial products or the
issuance of municipal securities. You should discuss such
matters with internal or external advisors and experts You
deem appropriate before acting on any such information or
material provided by Forvis Mazars.
TECHNOLOGY
22. Electronic Sites. You agree to notify Us if You desire to place
Our report(s), including, if applicable, any reports on Your
financial statements, along with other information, such as a
report by management or those charged with governance on
operations, financial summaries or highlights, financial ratios,
etc., on an electronic site. You recognize that We have no
responsibility to review information contained in electronic
sites.
23. Electronic Signatures and Counterparts. This contract and
other documents to be delivered pursuant to this contract may
be executed in one or more counterparts, each of which will be
deemed to be an original copy and all of which, when taken
together, will be deemed to constitute one and the same
agreement or document, and will be effective when
counterparts have been signed by each of the parties and
delivered to the other parties. Each party agrees that the
electronic signatures, whether digital or encrypted, of the
parties included in this contract are intended to authenticate
this writing and to have the same force and effect as manual
signatures. Delivery of a copy of this contract or any other
document contemplated hereby, bearing an original manual or
electronic signature by facsimile transmission (including a
facsimile delivered via the internet), by electronic mail in
portable document format (.pdf) or similar format intended
to preserve the original graphic and pictorial appearance of a
document, or through the use of electronic signature software,
will have the same effect as physical delivery of the paper
document bearing an original signature.
24. Electronic Data Communication and Storage. In the interest
of facilitating Our services to You, We may send data over the
internet, temporarily store electronic data via computer
software applications hosted remotely on the internet, or utilize
cloud-based storage. Your confidential electronic data may be
transmitted or stored using these methods. In using these data
communication and storage methods, We employ measures
designed to maintain data security. We use reasonable efforts
to keep such communications and electronic data secure in
accordance with Our obligations under applicable laws,
regulations, and professional standards.
You recognize and accept that We have no control over the
unauthorized interception or breach of any communications or
electronic data once it has been transmitted or if it has been
subject to unauthorized access while stored, notwithstanding
all reasonable security measures employed by Us. You
consent to Our use of these electronic devices and applications
during this engagement.
OTHER MATTERS
25. Cooperation. You agree to cooperate with Forvis Mazars in
the performance of Forvis Mazars services to You, including
the provision to Forvis Mazars of reasonable facilities and
timely access to Your data, information, and personnel. You
shall be responsible for the performance of Your employees
and agents.
26. Third-Party Service Providers. Forvis Mazars may from time
to time utilize third-party service providers, including but not
limited to domestic software processors or legal counsel, or
disclose confidential information about You to third-party
service providers in serving Your account. Forvis Mazars
maintains, however, internal policies, procedures, and
safeguards to protect the confidentiality and security of Your
information. In addition, Forvis Mazars will secure
confidentiality agreements with all service providers to maintain
the confidentiality of Your information. If We are unable to
secure an appropriate confidentiality agreement, You will be
asked to consent prior to Forvis Mazars sharing Your
confidential information with the third-party service provider.
27. Independent Contractor. When providing services to You, We
will be functioning as an independent contractor; and in no
event will We or any of Our employees be an officer of You, nor
will Our relationship be that of joint venturers, partners,
employer and employee, principal and agent, or any similar
relationship giving rise to a fiduciary duty to You. Decisions
regarding management of Your business remain the
responsibility of Your personnel at all times. Neither You nor
Forvis Mazars shall act or represent itself, directly or by
implication, as an agent of the other or in any manner assume
or create any obligation on behalf of, or in the name of, the
other.
28. Hiring of Forvis Mazars Personnel. We ask that You
respect the employment relationship that Our personnel have
with Our firm and to refrain from any employment offers to
Forvis Mazars personnel. However, if You find it necessary to
make an offer of employment and if it is accepted, during the
term of this engagement and for a period of 18 months after
Forvis Mazars stops providing services, You agree that We will
be paid a one-time employment fee equal to 100 percent of the
City of Round Rock, TX
January 27, 2026
Page 11
employees highest annual salary. This fee will be payable prior
to Our personnel commencing employment with You. Provided,
however, You shall not be in violation of the nonsolicitation
covenant set forth herein with respect to any position You
advertise in the form of a general solicitation not delivered to or
focused upon any single individual.
29. Use of Forvis Mazars Name. Any time You intend to reference
Forvis Mazars firm name in any manner in any published
materials, including on an electronic site, You agree to provide
Us with draft materials for review and approval before
publishing or posting such information.
30. Network. Forvis Mazars, LLP is a Delaware limited liability
partnership and an independent member of Forvis Mazars
Global Ltd., a leading global professional services network.
Forvis Mazars Global Ltd. is a United Kingdom company limited
by guarantee and does not provide any services to clients.
31. Entire Agreement. The contract, including this Terms and
Conditions Addendum and any other attachments or addenda,
encompasses the entire agreement between You and Forvis
Mazars and supersedes all previous understandings and
agreements between the parties, whether oral or written. Any
modification to the terms of this contract must be made in
writing and signed by both You and Forvis Mazars.
32. Force Majeure. We shall not be held responsible for any failure
to fulfill Our obligations if such failure was caused by
circumstances beyond Our control, including, without limitation,
fire or other casualty, act of God, act of terrorism, strike or labor
dispute, war or other violence, explosion, flood or other natural
catastrophe, epidemic or pandemic, or any law, order, or
requirement of any governmental agency or authority affecting
either party, including without limitation orders incident to any
such epidemic or pandemic, lockdown orders, stay-at-home
orders, and curfews.