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05/24/2007-CC-Agenda Packet-SpecialAGENDA CITY COUNCIL SPECIAL CALLED MEETING THURSDAY, MAY 24, 2007 6:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation and Pledge of Allegiance 2. Discuss and Possible Action on Service Agreement with John Baines, C.P.A. Concerning Utility Audit. 3. Consider and Possible Action on Waters Consulting Group- Concerning Search for New City Manager, 4. Discussion on Palomino Bay Development. 5. Adjournment. Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more of the above items may be considered in executive session closed to the public. Any final action, decision or vote on such matter will be made in open session following the conclusion of the executive session. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a pl c /' o{wenient and r�dily ac�f ssible. to tIJQ general public at all times, and said Notice was posted on the following date and time* ,G b�[) t)� 1 at y p.m. and shall remain posted until meeting is adjourned. Rosalie Chavez, City Secretary City of Sanger, Texas This notice was removed from the official bulletin board on This facility is wheelchair accessible and accessible parking spaces are available. accommodations or��terpretive services must be made 48 hours prior to this meeting. the City Sectetary`s office at,(940) 45&7930 for further information. Requests for Please contact John E. Baines, PC Certified Public Accountants 604 South Elm Street, Denton, TX 762091 Metro: 972/434-3811 or 940/565-9014 * Fax 940/382-9695 Email: ibaines0iohnbainescpa.com * www.iohnbainesepa.com May 22, 2007 Jack Smith, City Manager City of Sanger 201 Bolivar Sanger, TX 76266 Dear Mr. Smith, We are pleased to confirm our understanding of the nature and limitations of the services we are to provide for the City of Sanger. We will apply the agreed -upon procedures which the City of Sanger has specified as an in-depth study to investigate the utility billings and the unexplained increases to the City of Sanger residents for the period October 15, 2007 to April 15, 2007 in accordance with generally accepted auditing standards. This engagement is solely to assist the City of Sanger in the application of fair billing practices to all of its residents and the application of internal controls of the billing procedures within the City of Sanger. Our engagement to apply agreed -upon procedures will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described above either for the purpose for which this report has been requested or for any other purpose. If, for any reason, we are unable to complete the procedures, we will describe any restrictions on the performance of the procedures in our report, or will not issue a report as a result of this engagement. Because the agreed -upon procedures listed do not constitute an examination, we will not express an opinion on them. In addition, we have no obligation to perform any procedures beyond those listed on Attachment 1. We will submit a report listing the procedures performed and our findings. This report is intended solely for the use of the City of Sanger, and should not be used by anyone other than these specified parties. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you. You are responsible for establishing and maintaining internal controls, including monitoring on -going activities; for the presentation of our in-depth study investigating the utility billings in accordance with generally accepted auditing standards; and for selecting the criteria and determining that such criteria are appropriate for your purposes. You are also responsible for management decisions and functions; for designating an individual with suitable skill, knowledge, and/or experience to oversee the agreed -upon 1 City of Sanger Page Two May 22, 2007 procedures provided; and for evaluating the adequacy and results of those services and accepting responsibility for them. We plan to begin our procedures on approximately Tuesday, May 22, 2007 and, unless unforeseeable problems are encountered, the engagement should be completed by Tuesday, July 10, 2007 or 45 days from the signing of this engagement letter. At the conclusion of our engagement, we will require a representation letter from management that, among other things, will confirm management's responsibility for the presentation of the agreed -upon procedures in accordance with generally accepted auditing standards. We estimate that our fees for these services will range from $159000 to $Z05000. You will also be billed for the time required to develop the criteria for the agreed -upon procedures and establish a methodology of testing for the fair application of your internal controls and billing practices. A per phase billing fee estimate will be utilized to assist the City of Sanger with its study. A copy of that per phase estimate is attached. The fee estimate is based upon anticipated cooperation from your designated personnel and the assumption that unexpected circumstances will not be encountered during the engagement. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination even if we have not completed 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. We appreciate the opportunity to assist you and believe this letter accurately summarizes the signcant 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 below and return to us. If the need for additional services arises, our agreement with you will need to be revised. It is customary for us to enumerate these revisions in an addendum to this letter. Very truly yours, Sohn E. <13ainOs, � C RESPONSE: This letter correctly sets forth the understanding of the City of Sanger. Title: Date: 2 Attachment I — Agreed -upon Procedures Phase I — Secure the engagement and develop a plan of action. 20% or relevant Establish deadlines for presentation. billing Phase II - Identify the geographic areas of the City most impacted 40% or relevant by the billing irregularities. billing Phase III —Develop the statistical basis for the engagement (a sample from which to draw inferences about the population as a whole). Phase IV —Obtain comps for comparison for the utility areas identified. Phase V - Presentation of report findings to the City Council and the Mayor. 60% or relevant billing 80% or relevant billing 100%complete final billing 3