09-20 and 09-21-10 Special Called Regular Meeting of Fiscal Affairs Committee

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CITY OF LA PORTE, TEXAS Agreed Upon Procedures - Five Points Town Center Project September 21, 2010 Detailed Report III. Project Description Nature of the En2a2ement: The goal of the agreed upon procedures performed is to assist stakeholders in obtaining a better understanding of the Project. Our engagement consisted of agreed upon procedures designed to give an understanding of the Project, an overview of transactions related to the Project and applicable policies and procedures and state laws related to the Proj ect, and recommendations for improvement of City and EDC policies and procedures where applicable. Exhibits and Confidentiality: We have referenced various exhibits in this document, some of which may include information of a confidential nature including, but not limited to: banking and credit card information, legal documents, and contractor employee information. We have supplied the City with copies of exhibits referenced throughout this report. If copies of these exhibits are to be publicly distributed, such distribution should follow normal City procedures related to public information requests and handling of private information. Specifically, the City should redact information in these documents prior to public distribution where necessary. Procedures: The following is a summary of the agreed upon procedures planned and conducted in accordance with the engagement letter (Exhibit 43) approved by the City: . Obtain further understanding of the Project and areas of concern through interviews of Fiscal Affairs Committee Members and a concerned citizen, as well as by a review of minutes and open records request by the Citizen to further define scope. . Obtain a listing of all expenditures coded to the Project as recorded on the City's and/or 4B Development Corporation general ledger and review supporting documents/invoices against applicable policies and procedures for preparation of an exhibit for the final report. . Obtain a copy of EDC Project Plan and other applicable documents associated with advertising and approval of the fmal Project by City Council and review for compliance with applicable state statutes and by-laws. . Prepare a tirneline of events associated with the Project from inception to completion thru review of minutes and other interviews. . Question officials about an alleged meeting on 10/1/08 with URS to detennine if there was a violation of the Open Meetings Act. . Review the contract and resulting invoices for services as submitted by URS (project Engineer) to the City in connection with the Project for accuracy and compliance with the City's applicable policies and procedures. . Review the process for selection of the Project Engineer and Construction Contractor for compliance with applicable State Statute. . Verify the filing of Conflict of Interest by 4B Development Board Member. 5