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k) Testimony. Except as required or authorized by the terms of this Contract, or by permission of the City, the Auditor shall not testify in any litigation or proceeding with regard to the status of the City's compliance or noncompliance with the National Standards; or any act or omission of the City or its agents, representatives or employees, unless otherwise lawfully compelled to do so. if the Auditor is lawfully compelled to provide such information, the Auditor shall promptly notify the City. 1) Conflict of Interest. The Auditor shall not accept employment or provide consulting services that would present a conflict of interest with his or her responsibilities under this Contract, with the PREA auditing standards, or with auditor ethical guidance provided by the PREA Resource Center or the Department of Justice, including, but not limited to, being employed or retained by the City for purposes other than PREA auditing during the three-year period prior to the audit, or during the three-year period subsequent to the audit. m) Auditor Independence, Neither the City, nor any employee or agent of the City, shall have any supervisory authority over the Auditor's activities, reports, findings, or recommendations. n) Termination of the Auditor. The Auditor may be terminated if the City and the Department of Justice agree and upon good cause shown. Good cause shall include, among other things, any violation of the PREA Standards; or federal, state, or local law,. which reasonably calls into question the Auditor's fitness to continue serving as the Auditor. This Contract may be terminated at any time, without cause, upon 30-day written notice by either party. Contractor shall retain a prorated fee, commensurate with the work performed, prior to the notice. o) Audit Report Delivery. The Auditor shall provide the audit report to the City head and the facility superintendent within 30 calendar days of the conclusion of the auditor's on -site visit, if there are no standards requiring corrective action, the audit report 'shall be considered final. Exit Conference; An informal verbal report to City staff shall be given in person at the conclusion of the Facility visit. This report shall include broad observations about the possible corrective actions process and any necessary corrective actions that may or should be done immediately. It is understood this verbal report is not exhaustive and a final preliminary report will be completed within 30 days of facility visit. p) Corrective Action Process. If the audit report indicates that corrective action is required, the Auditor and the City shall work to promptly and jointly develop a corrective action plan toward achieving compliance with all standards. The corrective action plan shall contain a timeline for specific minimal remedial measures the City shall take to achieve compliance within a 180-day corrective action period. The City shall deliver, and the auditor shall review and comment upon, deliverables provided to the auditor pursuant to the corrective action timeline. The Auditor shall issue his or her report at the conclusion of the 180-day corrective action period, or earlier if compliance has been achieved before the end of the corrective action period. Under no circumstances shall the final report be issued more than 180 days from the start of the CAP, CITY OF SANTA ANA PREA 2019 AGREEMENT WITH EVINGER AND ASSOCIATES