Agenda Packet_2024-05-07 - Laserfiche WebLink

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City of Santa Ana RFP No. 24‐009 Page 8 of 63 Consultant will not disclose any of CITY’S confidential, proprietary, or privileged information to any person or party, unless CITY authorizes Consultant to do so, it is published or released by CITY, it becomes publicly known or available other than through disclosure by Consultant, or disclosure is required by law, regulation or professional standard. This confidentiality provision does not prohibit Consultant from disclosing CITY’s information to one or more of Consultant’s affiliated companies in order to provide services that CITY has requested from Consultant or from any such affiliated company. Any such affiliated company shall be subject to the same restrictions on the use and disclosure of CITY’s information as apply to Consultant. CITY also consents to Consultant’s disclosure of information regarding the nature of services Consultant provide to CITY to another independent network member of CLA Global, for the limited purpose of complying with professional obligations regarding independence and conflicts of interest. The workpapers and files supporting the services Consultant perform are the sole and exclusive property of Consultant and constitute confidential and proprietary information. Consultant does not provide access to its workpapers and files to CITY or anyone else in the normal course of business. Unless required by law or regulation to the contrary, Consultant retain its workpapers and files in accordance with its record retention policy that typically provides for a retention period of seven years. After this period expires, Consultant’s workpapers and files will be destroyed. Furthermore, physical deterioration or catastrophic events may shorten the time Consultant’s records are available. The workpapers and files of Consultant are not a substitute for CITY’s records. Pursuant to authority given by law, regulation or professional standards Consultant may be requested to make certain workpapers and files available to a regulator for its regulatory oversight purposes. Consultant will notify CITY of any such request, if permitted by law. Access to the requested workpapers and files will be provided to the regulator under the supervision of Consultant personnel and at a location designated by Consultant. Furthermore, upon request, Consultant may provide copies of selected workpapers and files to such regulator. The regulator may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Consultant may, at times, utilize external web applications to receive and process information from its clients; however, any sensitive data, including protected health information and personally identifiable information, must be redacted by CITY to the maximum extent possible prior to uploading the document or file. In the event that CITY is unable to remove or obscure all sensitive data, please contact Consultant to discuss other potential options for transmitting the document or file. Consultant and certain owners of Consultant are licensed by the California State Board of Accountancy. However, Consultant has owners not licensed by the California State Board of Accountancy who may provide services under this Agreement. If CITY has any questions regarding licensure of the personnel performing services under this Agreement, please do not hesitate to contact Consultant. Consultant regularly aggregates anonymized client data and perform a variety of analyses using that aggregated data. Some of these analyses are published to clients or released publicly. However, Consultant is always careful to preserve the confidentiality of the separate information that Consultant obtains from each client, as required by the AICPA Code of Professional Conduct and various laws. CITY’s acceptance of this Agreement will serve as CITY’s consent to Consultant’s use of anonymized data in performing and reporting on these cost comparison, performance indicator and/or benchmarking analyses. Consultant may, at times, use third‐party software applications to perform services under this Agreement. CITY acknowledges the software Consultant may have access to its data. City Council 21 – 68 5/7/2024