HomeMy WebLinkAbout25B - AGMT WITH WHITE NELSON FOR AUDITING SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 3, 2020
TITLE
APPROVE AN AGREEMENT WITH WHITE
NELSON DIEHL EVANS LLP TO PROVIDE
PROFESSIONAL AUDITING SERVICES IN
AN AMOUNT NOT TO EXCEED $371,260
/s/Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1"Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
Well 0191►1111011[w
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with White Nelson Diehl Evans LLP to provide
professional auditing services in the amount of $185,630, with a provision for one one-year renewal
in the amount of $185,630 for the period from March 3, 2020 through the completion of services
for the fiscal year ending on June 30, 2021, for a total amount not to exceed $371,260 subject to
non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Finance and Management Services Agency (FMSA) is responsible for overseeing the financial
statement audits and examinations of the City along with the preparation of the City's
Comprehensive Annual Financial Report (CAFR). Annually, the City of Santa Ana utilizes the
services of an independent Certified Public Accounting firm to perform examinations of the City's
financial statements as well as state and federal grant audits (Single Audit). The audits are
conducted in accordance with the generally accepted auditing standards and the Government
Auditing Standards issued by the Comptroller General of the United States.
During February 2016, FMSA released a Request for Proposals (RFP) for professional auditing
services. Based on FMSA's evaluation and review of references, White Nelson Diehl Evans LLP
(WNDE) was selected as the most qualified firm to conduct the City's annual audit(s) and
examinations. As a result, the City awarded a contract to WNDE for a two-year period with a
provision for one two-year renewal exercisable by the City Manager for the fiscal years ended June
30, 2016 through June 30, 2019. The City exercised the renewal option in January 2018 which
allowed for services to be rendered through May 2020.
25B-1
Approve Agreement with White Nelson Diehl Evans LLP for Professional Auditing Services
March 3, 2020
Page 2
Below is a list of the audits/examinations conducted by WNDE since 2016:
Audit / Examination Type
Description
Comprehensive Annual Financial
Re port
Review of City's Annual Financial Statements
Single Audit
Review of City's Federal Grant Programs
Gann Limit
Determine City's compliance with State law
Investment Policy Agreed Upon
Procedures
Determine City's compliance with its investment Policy
Air Quality Management District
Audit
Determine City's compliance with State law
Measure X (Agreed Upon
Procedures)
Review of City's Measure X revenue/expenditure
spending
The Governmental Standards Board (GASB) has issued two (2) new rules related to accounting
for the City's leases and fiduciary activities that will impact the City's financial statements. Due to
the complexity of these new rules and the significant impact they have on the City's CAFR, staff
needs to work closely with the City's external auditors throughout the next two fiscal years to ensure
the City meets the new financial reporting requirements. WNDE's high level of technical knowledge
in the field of government accounting and auditing along with their experience with the City's fund
structure and operations will allow the City to implement the new standards in the most efficient
manner.
The recommended extension will result in a total of six service years from WNDE. The Government
Finance Officers Association issued a Best Practice for audit procurement, recommending
governmental entities should enter into multiyear agreements of at least five years to allow for
continuity and to minimize disruption. There is a belief that auditor independence is enhanced by
auditor rotation at the end of each multiyear agreement. Therefore, staff will schedule issuance of
a Request for Proposals for independent audit services during Fiscal Year 2020-21. WNDE has
agreed to reduce its total not to exceed contract amount by approximately $11,000 per year during
the new contract term.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #7 - Team Santa Ana, Objective #5 (create a
culture of innovation and efficiency within the organization), Strategy F (Explore opportunities to
engage with outside agencies, both private and public, to share information and increase
efficiencies).
FISCAL IMPACT
Funds for these services will be included in the following fiscal years' budget within the accounts
noted below along with their respective audit related costs. The allocations are subject to non -
substantive changes based on the actual work performed.
25B-2
Approve Agreement with White Nelson Diehl Evans LLP for Professional Auditing Services
March 3, 2020
Page 3
Year 1 (Audit of FY 2019-20)
Fiscal Year
Amount
FY 2019-20
45,000
FY 2020-21
55,000
FY 2020-21
2,275
FY 2020-21
3,475
FY 2020-21
23,500
FY 2020-21
10,500
FY 2020-21
45,880
Total
181,630
Fiscal Year
Amount
FY 2019-20
45,000
FY 2020-21
55,000
FY 2020-21
2,275
FY 2020-21
3,475
FY 2020-21
23,500
FY 2020-21
10,500
FY 2020-21
45,880
Total
185,630
01110110-62300
01110110-62300
01110130-62300
03116510-62300
14018760-62400
67118021-62400
Various
Accounts
01110110-62300
01110110-62300
01110130-62300
General Fund
General Fund
General Fund
Air Quality Improvement Fund
Housing Authority - Voucher Admin Fund
COSA RDA Obligation Retirement Fund
General Fund & Various Grant Funds
Fund Desc
General Fund
General Fund
General Fund
14018760-62400 IHousing Authority -Voucher Admin Fund
67118021-62400 1 COSA RDA Obligation Retirement Fund
Various I General Fund & Various Grant Funds
APPROVED AS TO FUNDS & ACCOUNTS:
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
Exhibit: 1. Professional Services Agreement — Audit Services
25B-3
EXHIBIT 7
AGREEMENT WITH WHITE NELSON DIEHL EVAN9 L,LP
TO PROVIDE AUDITING SERVICES
TIi`l$ AGREEMENT is:made and entered into on this PL day of Match, 2020'by and between
White Nelaoa DiehlEvans LLP, a. Limited liability. partnership, ('!Auditor'�And the City of Santa:
Ana, a charter City and municipal corporation organized and:existing under the Constitution and
larva of the State of California ("City'.).
RECITALS
A. The;City desires. to retain an Audrtot' having special skill and knowledge; in the fold of
providiriS;ptofessional'auditing services;
B. Auditor represents it is recognized as "a eoinpetant and. qualified certified public aacoi nkant,
duly, authorized to 'practiee and licensed :as such by the: California State Board of
Aecotmumpy,, and isable andwilling to; provide auditing services to the. City.
C, in undeitalting the performance: of this Agreement, Auditor represents that it. is.
knowledgeable in its field .and that any servi'cos performed by Auditor under this
.Agreementwill .be perfor me l fn compliance with such standards as may reasonably be,
expected,from a professional. consulting:firm, in the fiold;
NOW THEREFORE, in consideration, .ofthe,mutual and' respectivepromisesy, and subject to the
terms and conditions hereinafter set. forth, the patties agree 4611,owsi,
>l.: SC.C11?L..CDF S ktVICE$
Auditor shall perfonrh its Annual Independent Audit for the two fiscal :years ending June.
3A, 2p20 and lurte 30, 2021. Services;shall be performed pursuant to. the Auditor's Unuaty 14 .
202% proposal attached hereto ss'Exhibit A. The Eirenutive Direotorof Finance.and Management
Services. Agency for the, 0-Won issue a written mquest tbat Auditor provide' o4wr auditing
services during this tem. Any increase; in the overall coir pensation, `noted in."aecrion 2.a ksclor�r,
for said services are subjeet. ta'apgroval by the City Council for the City of Santa Ana.
2. COMPENSATION
ATION
a. City agrees to pay; ',and Auditor agrees to; accept: gi total. payment for its services for
City,'the,rates and charges idtntitied;in Exhl6k,& The toial, sum to'be:expended during
the hutial term fot4he Asaal.. year ending.Iune.30,.2U20 shall not exceed 185,630: The
total som. to be expended, for -an extettsion period a .#rcised.per Section 3, below, for
the f�rscal:year;endinglime 30,.2021 shall not exceed $1$5,00. The total amount to be
expended during'the:torn of this Agreement sligll not exceed .$371,20.,
b.. Payments to Auditor s1iail be made wltlun forty-five (45) days lifter receipt by City Of
invoices from Auditor, which shall be rendered not more often than monthly: Special
examinations, surveys, or detailed reports of any nature: outside .tire. scope of this
Agmenient.shall be [filled separately by Auditor and must bespceifically authorized in
#2'79C5'v2
Page 1 of 9
25B-4
.
writingby City In advarievifsachadclitional services proposed to be, provided. Payment
need not bo%made :for work which fails to meet the standards of per'fonnance serforth
in the Recitals ,which:ihAyteagoiiabI he expected. by City. I
3. TERM
This Agreemont shall cotrarienee on thordate hest written above. and continue through the
completionof services: for the fiscal year ending on hice 30, 2020, City halt retain an option to
extend auditing services Oran %additional Iiscpl year ending June 30, 2021, subject to.none
substantive chingies approved� unlos tile -Agreement i
by the City. Manager and City Attomoy s: the Ag
terminated earlier iii:aceordaace with:Section i4, below.
4, INDUENDENT CONTRAMOR
Auditor shall, during:the entire term ofthis Agreement; be construed to be M independent
Auditor add not aA employee of the City, This Agreement is riot imetided nor shall, it be Construed
loyer"empt"t the City to
P n or control
0
retio
to create mr�
ex�ge di which
are the sub ect matter 0 by Auditor
Bb pro ided in atifte erni
all be A am r SOV �� 118
each
services.
hall
h egi e$' Auditor 8 pay ail salaries and wages; employer's social set unity taxes,
UaMployrnent insurance and s ible for all
oplic,ablp withholding taxes
$. DELIVER OF WORK PRODUCT - OWNERS"
Auditor' warrants and represents that it
imthe Industry. Auditor' a
or,
an or party, Auditor shall delivatte Qity an;
Said work product shall be submitted in 1
$ information systfts,..os ggredd bewdoh
,P ot,includini& Works to be Produced
mprietary or persotial rights of any
duct WW' ph results from & services
andproducedin a form compatible
,t Ma** and Auditor;
In regard to altmiit6rid produced as. 4 deliverOhlei under thio Agredinent, including but not
limited to records,, papers, drawings, specifications, , programs, systems and other materials
vro wv� 11 .Pared by Auditor Auditor for itself And its, anwed oiTmors cm—ploymv •agents'.
contractors, and volunteer wmrkers� dial (a) other. such material shall - be the prop ory of the City;; and may not be copyrighted. without prior review from the City, and (b) the authors of all such
material, whetbcr copyrighted or not, award to the City, and. Wits offioers,, agents and employees;
acting within he. scope of their official duties, as a condition of payment to the Auditorva royalty -
free, .tionexclvaime, irrevocable, license.0iroughout: the wQ.rld for gqvepunontal purposes to
disclose„ publish, trafistiaje, reproduce,: and use such; materials.
#27065mi.
'Page 2 org:
25B-5
64 INSVRANCE.
Prior to undertaking performance. of work under this. Agreement,. Auditor shall maintain
and shall require its subcontractors, if.any,,to obtain and maintain insurance as describedbelow-,
0. Commercial General Liability lbsuranop, Auditor shall maintain commercial
general liability insurance naming, the City, its, o.fAcers, employees, agents.;
Volunwers:.and fispresentatives -4s:4ddltional IMuttd(s),abd shall, ifthide,, but not 66
limited to projection iagainst. claims -arising. from bodily and personal: injury,
including death resulting.1hereftom and" damage toproperty, resulting from .arty act
or occurrence: arising out of Auditors operations, In the performance of this
Agreement, including,:without Iimlta#(?n, sets Invo.1vingvehiclos, TIT artioupts of
insurance shall be not less, than the folloWing:Aingie: 61t. Oftrage applying to
bodily and personal injury,., including death resufting, therchm, and property
daffiag% in the tot
al amount c, ' f $ 1,000j000 per occurrence,'with $2,000X'a in the
aggregate. . Such insurance shall. (a) name &btyj its OfficOrs, employees., agents,,
and representatives as• a. dditiona-I . insur ed (b) bpprimary and not IaQntri6utor y
W respect ect to insurance or by the City; and
(o) contain dm&wd separation ofinsureds.proi iiioras-
bm f3usinem automobile liability-Misurabbe, or oquivalctit formi with:4 corablood single
limit of net less than $ 1,000,000 per oecorrou= Such insurance shall Include
coverage for'owned, hired and non awned autom6biles;
P. Worker's.. Compensation InstnariCo. in ac.cordpAce wfth the proyisi6ns of Seetibn
3700 of the Labor Code., Auditor, if Auditor has. arty employees, is required to be
Prior to commencing tine performanco of the, work under this. Agreement, AnditOr
agrees to obtain-aadmaintairi arty. employeesliability insurance witfilmits.not less.
than $1,900jO.0p per accident,
ma licensed on architect te r .d. If Auditor is r employ c weiii OVQ engineer:
Professional liability (errors and emissions) InsunLrh ,,e, With a combined single limit
J of not icsst[um%il,666,000 per claim With $2,000j=.fii tile: aggregate,
.6. This following requirements apply to the Insurance, to bid: provided by Auditor
pursuant tothis section,,
i. Audit& ftlItnaintain all insurance required abovef in Jilin force andeffect
for the entire period covered by this Agreement
I Ce%Mat&.of Insurance shall be f4mished to the city upon execution of
Ng- Agmemetit Atid. shall be approved by the City,
iii., Certiocotes and policies shall: state that: the pohoJes, shaTI not be oanG.ele l or
reduce4 !A coverage or.changedla atty other OaterW Aspect without thirty
iv. Where tiler amounts orcoveragee provided by the.cou'llcales of hisoranco,
Okovidos coverage greater than those listed by this, Agreement the srh6onts
provided by the certificates ofinsurance shall be incorporated .4yreferoncp
into. the Agreement.
Page 3 of 9
#279,65V2
v. Auditor shall supply City with av fully executed additional insured
endorsement.
f. If Auditor. fails or refu,ses to -,produce. or maintain the ,insurance required by this
section -or falls or refuses I I tofirrdib the City with required proof that, insurance has
been prap4red and tP.in force an. dpaid fbr,.th P City shall have the right, at. the City's
election, to forthwith terminate this agreement.. Such termination. shallnot affoct
Auditor's right to bapald tbr its time and materials oxpended.prior to notification
of termirigboo. Auditor waives -the, right to receive compensation And agrees to
indemnify the City for any work performed prior to approval of itisuranot by the
City
.
'Y
1. NDN IMCATION
Auditor a*ves to defend,, and: shall indemnify and hold harmless the City, its officers,
agents, employm,:contractors, special counsel, and representatives from liability:: (I ) for personal
injury,. 0.4- magosy just compensgtiod, rostitu.46nJudicial or equitable relief 46isingout o, f claims for
personal injury, including. dook and claims for property damage, which May arias fi-Orn the
negligent opera Auditor,; I sub agents, omp P os� or, other erspris ftogg
tions,oflheAu4 ts Watr4c.toP, S i ye_ P
*bed in section I of this Agreement,,, and
which relates to the services d6sm 2) from,
any. claim that personal mjuryy damages, just compensation, restitution, judicial.Qr oqgiWo Telidf.
is. 44.0 by'. reason: of the jorro of or e)ffects-;qMns, from this Nwoemont, This. indemnity and hold
harmloss. agreemo . nt:applfes to all claims for .damages, just compensation,, restitution, judicial or
e alleged to have been suffo�,ed, by re f e quitablq relief suffered, or atic wsont) the y.ent.s referred'to III
this Section or by reason of the terms of, or effbotR)atishig from. this Agreement. The Auditor
further agrees to.indemnif S4 y, hold harmless, And pay all costs for, the defense of the City, including:
kps-sud.costs for special Pounioltoboselout0by the City,49gardiugany action by athird pa Id y
challenging the.for
o6his Agreement, or asserting tUt oetional iajuryj damages; just
c9mp ation, restitO ens . on, -judicial or equitable relief due to personal or property rights arises by
reason of the terms, of, or effects ariAWg ftom this Agreou out, Oty, may make all reasonable
docisiouswith respect to,itsxeprosentottoo in any lopl proceeding, Notwithstandiug.tho forcs6mig,
to the ox-t0t Auditor's services are sukept $- Chit Qo&Section 2782.8i the '.dbo 14demofty sball
be, limited; to the extent required by Civil Code Section 2782,8, to claims that ariso out .otpertain.
to, orxelate:(othe .nogligenc% recklessness, or w..illful misconduct of the Auditor;
& RECORDS
Auditor shall keep records and invoices In connection: with the work.to be, peormeduadcr
this Agreement, Auditor shall maintain; complete and geeucatg recordswith.respeet to the posts.
Incurred under thins Agreement and ahystrvicbs, expenditures; And diAbxu.-se4uefttsdharS'pd to the
City for a minimumpetiod of:three:() yekirs,.or .for any
longer oriod required.by,14w, frotn, the:
.date of final paymofit'tO Auditor under this Agrodhient. Atli such. recardi And invoices shall be.
clearly idonAobb& Auditor shall allow a reproscutat , lye of the City to examine, audit, and foakez
transoripts. Or copies of such records and any other documents created pursuant. to this Agreement
during;'regular business. hours. Auditor shall allow inspection of all work-, data, documents-,
proceedings, and'Wivities,Y614tod to this.Agreenignt for a period of three ().years ftm: the'date
of final pdymexit to -Auditor undo this. Ageoement.
#21,965v2,
Page A of 9
25B-7
9. CONFIDFNTIALITY
All information gained by Auditor in poifbnnaftoe ofthis, AOmeht iliPil be considered
confidential ,and shall :not be released by Auditor without City's prior written authorization.
excepting that ,information which is a Public record. anti subject todisolosure pursuant to the
C41M64. Public Records, Act) govehuneht Cod d Section: 62,50 et. seq.r Auditor,
employees, agents,. or subcontraetnrs, shall 'not votuotarilyprovide 4e4arAtiots, letters of.support,
testimony .Pt. depositions, response zto. interrogatories of other: project..
or cooperate; in any way. with a -party. who. may. be adverse to. City or whom: Auditor reasonably
should'know maybAcad . vase in ,any subsequent. lifigatiom Auditor shall -ingur no; liability under.
this Agreement for materials sUbm! . submittal by it, whi6h are I'mor released by City
. 1. . . A its, officers,,
Auditor shall also.., ina—ff no,'-Habifity fo 6 it at.
gay or agents. rltatemoms,madv Y gay public.
moed : ug, ;or f9r, . any -docum.putrelwed,by it for which prior written City quthqrizPtibp, was:
obtained.
.if Auditor or any of Its offiq0s;.empilqyeos, consultants; or subcofi(taqtbrs does voluntarily,
provide information in violation of thisAgreement, City has, the. fight to, reimbursement and
indemnity from Auditor for Puy damages caused by Auditor's cord4et --including attome5ds foes.
I
Auditor shall promptly notify City should Auditor,. its officers„ employees, Aputs or,
f6eDdeuments, party
r,Wdiog this.agreoment. adtho work perf?mpd.ho= retains the sight, but not tile.dqr� City r
ohliggioo,. to represent Auditor and/ or to be present. 'At any dopctitionr hew , 4Z or similar
proaceding..Alwitor agrees to cooperate fully with City and to,.provide City with the opportunity
to:roviewa,aytespojisdtqdiscovery To,qqoots:provi44OXA,qditpr. However, City's righC toroviow.
any such,, response: does not: imply or mean the right . by City to control, direct,., or rewrlto:said,
response..
City warrants that Auditor will have fully met the requirements of this provision by
obtaining City's written approval prior t iding. 460 cuts . jarati3O :
p: providing testimony, Or %lqq 0
Consulting with City before respbndiog.to.4S4bpo'emoro(itirtorder; hithe .case. t) 4paitiong
upon providing Notice to. City of same; or providing, C , ity. opportunity to review discovery
FeSP01V I CS prior 441415ffllbft For purpposos of this section, a wrxttemt attliarization.'frotn. City shall
include an email or "taxed" Idlef,
14. CONFLICT OF INTEREST CLAMS
Auditot cov'06464 that it-OrWiltlY has no interests and shall not have interests, dirdc:Aor,
indirect, which w.WU conflict In. Any maher'with perform4uft of services,spoeffied under this'
Agreement.
;11. NON�DISMIMINATXON
Auditor shall not discrirninatobecause of race, color, ereed;: religion, sex, marital, status,
sexual orientation,.gender identity, gender expression,: gender, tfic(lical. -conditions, genetic.
Page$of Or
#2,79.63v-2.
inforination, or military and. veteran status, age, natlonsl origi ancestry, at disability; as defined'
and prohibited by applicable law, in the recruitmient, selection, teaching, training,utilization,
proruotion termination or other employment related activities or any services;provided under this'
Agreement, Auditor affirms. That it is an equal opportunity employer and. shall comply with all
applicable federal;'state and local- laws and regulations.
12: EXCLU$I VIT:Y AN AMENDMENT
This Agreement represents the complete and exclusive statemcot between the, City and
Auditor amd supersedes anyand all otfiez agreetnerits, oral ox written, between the>parties. In the
event of a conflict between the terms°of this Agreement.and. auy,attaoliments hereto, the -terms of
this Agreement shall prevail: This Agreomentmay not be.modihed except by written inatrutnent
signed by the Cityend by ati aathorize3:repraSoWtive ofAuditor.. The parties agree that any: Perms
or conditions of any purchase otder or other instrument: that are inconsistent withy or imaddition
to, the tocros and conditions: hereof; shall not hind or obligate Auditor or the 1:Y, Each: party to
this ,Agreement acknowledges that no representations, inducements,. promises or agreements,:.
orally or otherwise, have.beenmade:byany:party„or-anyone acting on behalf.of.any party, which
is notonibodied heroin.
1$., ASSIGNMENT*
fnasmach as: this A,groom ot: is intemded to secure' the specialized: services of A:uditor,.
Auditor may not assign; tr4a*ri delegate, or subcontraet any interest herein Without: tho prior.:
written consent of the City and any such assignment, transfer; delegation or subcontract without;
theCity's prior written consent shall be: considereci:null ard:void. NzStliing in this RgYestdeiit:shall:
be construed to limit the City's ability to have any of the services which are the: subject to this.
Agreement performed' by Cliy personnel:or byother consultants retuincd by City.
1C TERMINATION
It at any time during the term of'this . Agreemment, City determines that.Auaitor is not
faithfully abiding by any term or condition contained heroin,. City may notify .Auditor in writing.
of suckdefect or fk lure to,perform, Which notice• must give Auditor a fin tl'tft-daynotice of tinic.
thereafter in which to perfd t said work or cure the defieiency. If Auditor has -,not petfotined'the-
work or cured the deficiency within: the ten (W). days.,specified WA a notiop, such shallsconstitute
to the: Auditor :to;said effect' Thereafter, neither.party shall
os. ponsibilsties ar rights. under this. Agreement exeept„ h
Auditor's surety shall tcmakin fall fdree and.c#dct, acid she
any manner waived; by the -termination hereof In said:ev.:
reasonable value of its. services performed from the beginni
occurs up.: to. the day it received City's Notice of term ratio
representing the City's damages froth such breach. City r
pavruentuntil completion or confirmed 'abandonment of the
shall
#2796$v2.
any and fill obligations of
s.:extinguished,redueed,orin
litor shall be :entitled to. the
e period in which the breach
nyy offset from such. payment.
tlte'right to delay any such
as, may be determined in. the
frosts. to no event, however,
Page,:6 of 9
25B-9
15. WAIVER
ND waiver of breach, failure bf iny condition,, or any d&t, or remedy contained in or
previsions 'ft, Agoemen d Mgned by f�. i
Ujuro, right
failure or.right, gr
waiver
of any
granted
by t'� the
breach, the party
waiving
remed
y shall b 4 in a ot or not
similar,
nor shall
my waiver
constitute a cvntinuntg;waiver untegs the writing, so
aifm
16. JURISDICTION " V9MM
Thi&A . ornia gredmetithqs been auddefiyeredin the State of CAlifand the validity,
rotation, performancei and en torcementof an y o he.
interpretation, of clauses: otthis .Agreementshall be:
determined and govemed by the 14.Ws, f the State.qf P.aliftnia. 13 ,par.6 *rther 4grw;
.. 9, ..Qth "" _ . that
OrangeCoiftity,,Cdfilbmia, shill be the venue for any :46tion, or proceeding that tray b4brought 6k
arise rise out of, in.mmec , WnWlth, or by reason: ofthis Agreement,
17. PROFESSIONAL LICENS96S
Auditor ilitill, throughout the torm of this Agreftolit.,maintain A necessary li.cOmm
permits, approvals, waivers, and exemptions necessary for the provisiotiof the. services hereunder
and tcqWrWbY:the laws aod koguladdos of.the QnJt6d.SfaW,, the.sWe. Of California, the" City Of
Santa Ana and 91 other govermental agencies: Auditor sh4li.no.dfy-the::City:!mM6diatdiY:69d:in
writing :qf itsInibilityto obtain or ingintain such permits, licenses, approvals, waivers; and
exemptions: Said blibility shall be Cause for tOrmlit4tio bftuffs A#eernO4
is. sonqt
Any notiqo,,tend.or, d
shill be in writing and shall
first class or ordfi4d roal, t
$00ion,
Clerk of the City Council
bity of Santa Ana
20.Civic CentdPlaza (M-30)
Santa Ana, Ok 92702,1988
Fora 714- 647-6950,
With courtesy .cop
ies to:
or ether
[,.or sent by fax:ot-
followin.9perSM:
txecutiye Director,
Fixiatice and Modgement 904
Services A cY
City 064ma!Aaa 1
2OCMc.ContcrPlaza (M-l7)
pursiggit, tq thisAgreement
red in popq;x or mailed by
Pagel of9
#27965v2
25B-1 0
P10, Box 1988
Santa,Ana, 04130mi4:9270Z
F#x; 71:4-647-5414.
To Auditer,
White Nelson, Diehl Evans; W
Certified Public:Accountants and Consultants
Attn- Nitin Patel
2875:Micbelk Dn* Stlite 1,90
Ir"nei-CA, 02606w5165
F= 71449$�51.-81
A party may.change its, address by giving.notice In writing to the other party, Tficreater,
any communication. . shot! boAdId.rossed. and transmitted to the new tiddresS. If sent by, hiaill
00niniumcgood shall bo effective or &erned: to have been. given, three (3) days after it has been
deposited in the, Urutid. States mail, duly: registered or certified, with postage prepaid, and
addressed "got forth above; If sent by fox-, WMmOhidation shall be.effective ordeemed .tit have
beeft.Sivba twenty4but (24) hours -after the time Efetfortlt on the transmission, report issued by. the:
transmitting facsimile mac , addressed as set forth. Above. For purposes. of calculating i6ese•
time frame$, weekends, tfederAij d4fej C ounty or.'eity 6ii&ys: shaft.bo, coluded.
19. MIKELLANWOUS PROVISIONS
a. Eaeh i atstbg its iigg$ure hatih bel6w.has, the
mdersigned represents And warro
power,, authority and right to bind. their reapdotivd.pas tes to each of the terms of
this Agreement and shall fa6nmify City tally, including. reasonable costs. and
gttprnpys'feo Apy'lNurl"or 4MA - ''. . event..
s, f6e. d gek to City W the 14t,such4400ft,
or power is not., in fact, held by, the signatoryor is withdrawn.
A 'nib AgNement is the. final and: complete agreement, And any prior or
oontemporancous Agreements. for similar sorvi'm between the, parties is superseded
by this ' -Agr6cmOxit, fh'ts. shall nct apply wircre the Parties are currently erigr ged
andAuditor laprolding services not contemplated by this Agreement.
Mj Exhibits referenced herein And•att * adhed herw:iUlbe 1ncoqorated::ds it Mly:
set forth in the body of this Agreement,
#27965,v,2
isipolrov4se follows,]
P'4 8'of 9
25B-1 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez KristineRidge
Clerk of the Council City Manager
APPROVED AS TO FORM.
SONIA R. CARVALHO WHITE NELSON DIEHL EVANS LLP
City Attorney
Lisa &6-rck Nitin Patel
Assistant City Attorney Engagement Partner
RECOMMENDED FOR APPROVAL:
Kathryn Do*ns, CPA
Executive Director
Finance and Management Services Agency
#27965Q2
Page 9 of 9
25B-1 2
MOW A
SCOPE Of SERVICES 4 RATES
25B-1 3
Jadwry 14,2020
,Ms. Kathryn: Downs
DitedtorOfFinanoe
city of Santa
20 Civic Center.Plaza
Shift Ana,. Ch,:92701
We. ate pleased that the 'City of Santa Ana .wouldli�,e. to extend our agmement to: provide 4udft'.Oo mices
for theifiscal year: 2619.20 1 �with Art OPUOn for the fiscal year ib*i 1. W. hltoNelson NOW Evans LLP
specializos in aj)dits of cities andhap. an extensive government: servidostaff, which. will enable us to
continue to provide the same ItWU of`services WO hAVO provided In the past. four. years. The proposed
*es shown in the enclosed attachment contain. a 7.6% discount frowthe fiscal year 2.01&10 £a" and
haveno increase.: from fiscal year 20T9-20 to 2020m2 L
I if you have questions, On the ppposed'fees; please contact me at (71,4).979-1300 or by ernaff at
npat6l@wftdecpft.POm.
Very truly yours,
WHITE NELSON DIEHL EVANS, LLP
Nitin P..Patel$ CPA
Efigggement Parther
2976 Mkholle Ddve, Suitt 300 .1 Thdrt, nua 0.26.06 1 WNDECPA-ebm 1 7 M978-1$00
25B-14
CITY OF SANTA ANA
P-110111AM1111 �Aial
Our maxiinnum, fees f6r the two years onciftlS jun6,3Q, 2021 will be as fbilows:
Fiscal Year
D!satiAicm of Sewfoes
20U620
269041
City auditmallidin$ management
.wo,au0it.commildea ldttm.
$
10.10001 $
10,000
SInsic.Audkof Fedbral:Gwaft
39,720
3&720
AQMD audit of.thoXEP Ouality Improvement Punif
jins,
3,475.
0ANN.Wmlt,.UvleW
995
896
Compliance Acylowphlic Cio,!s lhveslinai t Pollcy,
4;$sb
-4,550
Preparation of the Santa Anw-HmWh9:AUthorfty!s
Finao0fal.bats-Scliedule
050!
1,350
Preparation of the Clty's state conirolleei Repon
01600
$,.60D
MoasureX,Agmed qp.bn Praidd4ro
MOO
71660
Total A1l4xmfasNcMqxlMUm,Pdcw
T.wo:Ag*cd-UponPr000dim6sAwfews,
19,040
tes for toe agreed -upon pr000durdswe estimead
pd'subjodte. nogotiation;,oha Ae 8popa of.* c.
25B-1 5