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1) Testimony. Except as required or authorized by the terms of this Contract, or by permission of <br />the City, the Auditor shall not testify in any litigation or proceeding with regard to the status of the <br />City's compliance or noncompliance with the National Standards; or any act or omission of the <br />City or its agents, representatives or employees, unless otherwise lawfully compelled to do so. If <br />the Auditor is lawfully compelled to provide such information, the Auditor shall promptly notify <br />the City. <br />m) Conflict of Interest. The Auditor shall not accept employment or provide consulting services <br />that would present a conflict of interest with his or her responsibilities under this Contract, with <br />the PREA auditing standards, or with auditor ethical guidance provided by the PREA Resource <br />Center or the Department of Justice, including, but not limited to, being employed or retained by <br />the City for purposes other than PREA auditing dining the three-year period prior to the audit, or <br />during the three-year period subsequent to the audit. <br />n) Auditor Independence. Neither the City, nor any employee or agent of the City, shall have <br />any supervisory authority over the Auditor's activities, reports, findings, or recommendations. <br />o) Termination of the Auditor. The Auditor may be terminated if the City and the Department <br />of Justice agree and upon good cause shown. Good cause shall include, among other things, any <br />violation of the PREA Standards; or federal, state, or local law, which reasonably calls into <br />question the Auditor's fitness to continue serving as the Auditor. This Contract may be terminated <br />at any time, without cause, upon 30 -day written notice by either party. Contractor shall retain a <br />prorated fee, commensurate with the work performed, prior to the notice. <br />p) Audit Report Delivery. The Auditor shall provide the audit report to the City head and the <br />facility superintendent within 30 calendar days of the conclusion of the auditor's on-site visit. If <br />there are no standards requiring corrective action, the audit report shall be considered final. <br />Exit Conference: An informal verbal report to City staff shall be given in person at the conclusion <br />of the Facility visit. This report shall include broad observations about the possible corrective <br />actions process and any necessary corrective actions that may or should be done immediately. It <br />is understood this verbal report is not exhaustive and a final preliminary report will be completed <br />within 30 days of facility visit. <br />q) Corrective Action Process. if the audit report indicates that corrective action is required, the <br />Auditor and the City shall work to promptly and jointly develop a corrective action plan toward <br />achieving compliance with all standards. The corrective action plan shall contain a timeline for <br />specific minimal remedial measures the City shall take to achieve compliance within a 180 -day <br />corrective action period. The City shall deliver, and the auditor shall review and cormment upon, <br />deliverables provided to the auditor pursuant to the corrective action timeline. The Auditor shall <br />issue his or her report at the conclusion of the 180 -day corrective action period, or earlier if <br />compliance has been achieved before the end of the corrective action period. Under no <br />circumstances shall the final report be issued more 180 days from the original due date. <br />CITY 0F SAN]'A AX MK FA 1016 AGRk iltt.\ I W1 "I Ft i-WIN(iF'1t A \ D ASSO [A"1 ES <br />