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RFP No. 20-097 - Collection and Handling of Solid Waste <br />Generated, Produced and/or Accumulated in the City of Santa Ana <br />26 <br /> <br /> <br />Section 8.2.1, (last paragraph) – General <br />Contractor agrees that the records of any and all companies conducting operations addressed in the <br />Agreement shall be provided or made available to City and its official representatives during normal <br />business hours. Account histories shall be accessible to the City by computer for a minimum of five (5) <br />years. City may review or utilize Contractor’s financial records described in this section for any purpose <br />whatsoever the purposes described in Section 8.2.7. <br />Rationale: This revision is intended to place appropriate, industry standard limits on the type of financial <br />information subject to City review. <br /> <br />Section 8.2.7, (first paragraph) – Audit <br />City may conduct an audit of Contractor at any time. The scope of the audit, and auditing party, will be <br />determined by City and the scope may include, but of the audit is not limited to: <br />Rationale: This revision is intended to place appropriate, industry standard limits on the type of financial <br />information subject to City review. However, Waste Management is open to amending or adding to the list <br />of items to be included in the scope during negotiations and welcomes the City’s input. <br /> <br />Section 8.3.5 – Financial Report <br />The City may, at City’s option, request the Contractor's audited financial reports/statements (or parent <br />company, if parent company submits Corporate Guaranty of Performance), and Contractor’s internally <br />prepared supplemental statement of income and expenses related specifically to the City of Santa Ana <br />operations, for the most recently completed fiscal year in connection with an extraordinary rate adjustment <br />request, billing audit, Franchise Fee audit, or verification of other information required under this Agreement <br />the matters set forth in Section 8.2.7. <br />The financial statements and footnotes shall be prepared in accordance with Generally Accepted <br />Accounting Principles (GAAP) and audited, in accordance with Generally Accepted Auditing Standards <br />(GAAS) by a certified public accountant (CPA) licensed (in good standing) to practice public accounting in <br />the State of California as determined by the State of California Department of Consumer Affairs Board of <br />Accountancy. The cost for preparation of the financial statements and audit shall be borne by Contractor <br />as a direct cost of service. In addition, Upon request, Contractor shall provide to City the supplemental <br />schedule on a compiled basis showing Contractor's results of operations, including the specific revenues <br />and expenses in connection with the operations provided for in this Agreement, separated from others <br />included in such financial statements. At City's request, Contractor shall provide City with copies of working <br />papers or other documentation deemed relevant by City relating to information shown in the disclosure <br />letter. The disclosure letter shall be provided to City. <br />Rationale: This revision is intended to place appropriate, industry standard limits on the type of financial <br />information subject to City review. Further, only Contractor’s parent prepares audited financial statements, <br />which are not specific to the City, diminishing the requirement of the second paragraph as written. <br /> <br />Section 8.5 – Right to Inspect Records <br />City shall have the right to inspect or review the specific documents or records required expressly or by <br />inference pursuant to this Agreement, or any other similar records or reports of Contractor or its related <br />party entities that City shall deem, in its reasonable discretion judgment, necessary to evaluate annual <br />reports, compensation applications provided for in this Agreement and Contractor's performance provided <br />for in this Agreement the matters set forth in Section 8.2.7. Contractor shall make all records and <br />documents to be reviewed and inspected by the City, unless infeasible, at its local office as a part of any <br />Attachment 6 <br />6 - 11