R-92-1734 - 7/21/1992WHEREAS, it is necessary for the City of Round Rock, to conduct
an annual audit, and
WHEREAS, the accounting firm of Pena Swayze & Co., has submitted
a proposal to provide said audit, and
WHEREAS, the City Council wishes to approve the Pena Swayze &
Co. proposal, 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 engagement letter with Pena Swayze & Co., to
conduct said audit, a copy of said letter being attached hereto and
incorporated herein for all purposes.
RESOLVED this 21st day of July, 1992.
ATTEST:
JO J NE LAND, City Secretary
RS07212B
RESOLUTION NO. f 11 31
MIKE ROBINSON, Mayor
City of Round Rock, Texas
- PENA SWAYZE & CO.
CERTIFIED PUBLIC ACCOUNTANTS
Honorable Mike Robinson, Mayor
Mr. Robert L. Bennett, City Manager
Mr. David Kautz, Finance Director
City of Rand Rock
Round Rock, Texas
Gentlemen:
July 15, 1992
We are pleased to have the opportunity to serve the City of Round Rock
as independent auditors for the year ending September 30, 1992. The purpose
of this letter is to confirm our understanding of the scope of our audit.
We will audit the City's general purpose financial statements as of and
for the year ending September 30, 1992. In addition to the general purpose
financial statenents, we will:
- Assist in the preparation of the City's Comprehensive
Annual Financial Report for sutnnission to the Government
Finance Officers Association under its voluntary program
for a Certificate of Achievement for FSccellence in
Financial Reporting.
- Report on compliance with laws and regulations.
- Report on internal control.
our audit will be a Single Audit made in accordance with generally
accepted auditing sta lards; the standards for financial audits contained in
Government Auditing Standards; , issued by the Comptroller General of the United
States; the Single Audit Act of 1984; and the provisions of OMB Circular A-
128, Audits of State and iocai Governments, and will include tests of the
accounting records of the City and other procedures we consirier necessary
to enable us to express an unqualified opinion that the financial statements
are fairly presented, in all material respects, in conformity with generally
accepted accounting principles and to report on the City's compliance with
laws and regulations and its internal controls as required for a Single
Audit. If our opinion is other than unqualified, we will fully discuss the
reasons with you in advance.
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
City of Rand Rock
Page 2
July 15, 1992
Our procedures will include tests of documentary evidence supporting
the transactions 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 representa-
tions from your attorneys as part of the engagement, and they nay bill you
for responding to this inquiry. At the conclusion of our audit, we will
also request certain written representations faun you about the financial
statements and related matters.
An audit includes examining, on a test basis, evidence supporting the
amounts and diGc osures in the financial statements; therefore, our audit
will involve judgment about the number of transactions to be examined and
the areas to be tested. Also, we will plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of
material misstatement As required by the Single Audit Act of 1984, our
audit will include tests of transactions related to federal assistance
Imuytalub. for compliance with applicable laws and regulations. However,
because of the concept of reasonable assurance and because we will not
perform a detailed examination of all transactions, there is a risk that
material errors, irregularities, or illegal acts, including fraud or
defalcations, may exist and not be detected by us. We will advise you
however, of any matters of that nature that come to our attention, and 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.
we understand that you will provide us with the basic information
required for our audit and that you are responsible for the accuracy and
ccatpleteness of that information. We will advise you about appropriate
accounting principles and their application and will assist in the
preparation of your financial statements, but the responsibility for the
financial statements remains with you. This re2.ponsibility includes the
maintenance of adequate records and related internal control structure
policies and procedures, the selection and application of accounting
principles, and the safeguarding of assets.
Our audit is not specifically designed and cannot be relied on to
disclose reportable conditions, that is, significant deficiencies in the
design or operation of the internal control structure. However, during the
audit, if we became aware of such reportable conditions or ways that we
believe management practices can be improved, we will oatatunicate them to
you in a separate letter.
PENA SWAYZE & CO.
CERTIFIED PUBLIC ACCOUNTANTS
City of Round Rock
Page 3
July 15, 1992
Additionally, we will study the City's operations in order to make
recommendations regarding the economy and efficiency with which you conduct
your affairs.
In order for our firm to complete our work in a timely manner and to
maintain the level of fees we propose, our fine and the City nest closely
coordinate the audit work so that City staff disruption is minimized, and
we receive timely City prepared reports, information and support.
We feel that an efficient audit and timely report can be accomplished
with the following schedule.
PROPOSED AUDIT SCHEDULE
PHASE OF WORK TIMING
I. Interim field work Mid September
17. Confirmations Mid September
III. Year -end field work Late October
IV. First report draft Early January
V. Printing of report Late January
VI. Report delivery Early February
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. Prior to beginning each phase of the audit process, we world
utilize City staff in the preparation of certain detailed audit schedules
which we would format. In order for us to complete our work efficiently
within the proposed time schedule and to stay within the proposed range of
audit fees, all City prepared schedules must be completed at the start of
each phase.
In conjunction with all phases of our examination, we will review the
City's system of internal accounting controls. If we observe any material
weaknesses, we will report theme to you with recommendations for correcting
those weaknesses.
We will try to initiate ideAc or observations that we believe will help
achieve the objectives of the City. We will also be pleased to L>=spond to
inquiries you might have about financial or other business matters.
r PENA SWAYZE Sr CO.
CERTIFIED PUBLIC ACCOUNTANTS
City of Round Rock
Page 4
July 15, 1992
Our fees are based on the time our personnel require to complete the
engagement plus direct expenses. Individual hourly rate, vary in accordance
with the degree of responsibility and skill of those assigned to the audit.
Our estimated fee for this examination is $27,300 for the general purpose
financial statements. We anticipate that preparation of the first draft of
the catprehensive annual financial report would be $5, 500. City staff would
be responsible for the completion of the report after delivery of the first
draft. We would make our typist available to City staff. Our fee estimate
includes all typing. We estimate our examination will take approximately
800 manhaurs 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 priming.
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 rasters 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.
We appreciate the opportunity to be of service to the City and believe
this letter accurately summarizes the significant terms of our engagement.
If you have any questions, plea 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.
Date
PENA SWAYZE & CO.
CERTIFIED PUBLIC ACCOUNTANTS
Sincerely,
O �
PENA
DATE: July 16, 1992
SUBJECT: City Council Meeting, July 21, 1992
ITEM: 9.B. Consider a resolution authorizing
the Mayor to sign an engagement
letter with Pena Swayze & Company
for audit services.
STAFF
RESOURCE PERSON: David Kautz
STAFF
RECOMMENDATION:
The City's charter requires an annual audit of the
financial records to be performed by an independent
certified public accountant. Staff recommends that
Pena Swayze and Company be retained for this purpose.
The cost will be approximately $33,000 and is included
in the proposed operating budget.. The fee has been
between $30,000 and $32,000 for the past 5 years.
.j
STEPHAN L. SHEETS
KEVIN HENDERSON
CHARLES D. CROSSFIELD
Pena Swayze & Com
P.O. Bo
Rock, Texas 78680
Gentlemen:
STEPHAN L. SHEETS & ASSOCIATES. P.C.
' ATTORNEYS AT LAW
309 E. MAIN STREET
ROUND ROCK. TEXAS 78664
November 30, 1992
Re: City of Round Rock Audit
for Year Ending September
30, 1992.
TELEPHONE
(512) 255.8877
FAX
(512) 255.6986
By letter dated October 2, 1992, David Kautz, Finance Director
for the City of Round Rock ( "City") has requested that I furnish you
certain information in connection with your examination of the
accounts of the City as of September 30, 1992, and for the period from
that date to the date of my response.
I have been retained as the City Attorney to generally represent
the City in legal matters. As part of my responsibilities as City
Attorney, I represent the City in specific litigation matters. In
such capacity I have reviewed the litigation and claims threatened or
asserted against the City for which I have been retained.
Subject to the foregoing and to the last paragraph of this
letter, I have not been engaged to give substantial attention to, or
represent the City in connection with, material loss contingencies
coming within the scope of clause (a) of paragraph 5 of the Statement
of Policy referred to in the last paragraph of this letter, except as
follows:
PENDING OR THREATENED LITIGATION
I am aware of no pending or threatened litigation that must be
disclosed in accordance with Statement of Financial Accounting
Standards No. 5.
UNASSERTED CLAIMS AND ASSESSMENTS
I am aware of no unasserted possible claims or assessments that
must be disclosed in accordance with Statement of Financial Accounting
Standards No. 5.
Pena Swayze & Company
November 30, 1992
Page 2
I emphasize that any evaluation given as to the merit of a claim
or defense or the likelihood of litigation is based on my present
understanding of the facts of a particular case, which is subject to
change virtually on a day -to -day basis. My present opinion should
therefore not be taken in any way as a warranty of the actual outcome
of litigation.
The information set forth herein is as of the date of this letter
and I disclaim any undertaking to advise you of changes which
hereafter may be brought to my attention.
As of September 30, 1992, the City was indebted to me for
services and expenses in the amount of $14,879.43. This amount has
since been paid in full.
This response is limited by, and in accordance with, the ABA
Statement of Policy Regarding Lawyers' Responses to Auditors' Requests
for Information (December 1975); without limiting the generality of
the foregoing, the limitations set forth in such Statement on the
scope and use of this response (Paragraphs 2 and 7) are specifically
incorporated herein by reference, and any description herein of any
"loss contingencies" is qualified in its entirety by paragraph 5 of
the Statement and the accompanying Commentary (which is an integral
part of the Statement.) Consistent with the last sentence of
paragraph 6 of the ABA Statement of Policy and pursuant to the City's
request, this will confirm as correct the City's understanding as set
forth in its audit inquiry letter to us that whenever, in the course
of performing legal services for the City with respect to a matter
recognized to involve an unasserted possible claim or assessment that
may call for financial statement disclosure, I have formed a
professional conclusion that the City must disclose or consider
disclosure concerning such possible claim or assessment, I, as a
matter of professional responsibility to the City, will so advise the
City and will consult with the City concerning the question of such
disclosure and the applicable requirements of Statement of Financial
Accounting Standards No. 5.
SLS /ks
cc: David Kautz
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Robert L. Bennett V
221 East Main Street
Round Rock, Texas 78664
Sinc =r ly,
-1 C'
Stephan L. Sheets
Mayor
Mike Robinson
Mayor Pro -tem
Charles Culpepper
Council Members
Robert Stluka
Rod Morgan
Rick Stewart
Bari Palmer
JimmyJoseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
August 4, 1992
Pena Swayze & Co.
P.O. Box 250
Round Rock, Texas 78680
Dear Sirs:
Resolution No. 1734R was approved by the Round Rock City
Council on July 21, 1992.
Enclosed is a copy of the resolution and an original
engagement letter for your files. If you have any
questions, please give us a call.
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
JL:km
Enclosures
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512 - 255 -3612
Fax 512 -255 -6676 1- 800- 735 -2989 (TDD) 1- 800 - 735 -2988 (Voice)