Singer Lewak Accountants & ConsultantsPROPOSAL TO
CITY OF LA QUINTA, CALIFORNIA
FOR PROFESSIONAL AUDIT SERVICES
JUNE 30, 2024
PREPARED BY
1650 Iowa Avenue, Suite 200 Riverside, CA 92507; T.424.320.3385
Contact: Orlando R. Torres, Partner
otorres@singerlewak.com;
Proposal Date: November 17, 2023
TABLE OF CONTENTS
Page
TRANSMITTAL LETTER .............................................................................................................. i - ii
TECHNICAL PROPOSAL
1. Firm’s Background, Qualifications , and Experience .......................................................... 1 - 3
2. References of California Government Agencies ................................................................ 4 - 5
3. Complete Pricing List .................................................................................................... 5
4. List of Complementary Services Offered by Proposer along with Corresponding Prices ......... 5 - 6
5. Staffing and Project Organization including Specific Audit Approach ................................... 6 - 8
6. Subcontracting Services ................................................................................................ 8
7. Disclosure ................................................................................................................... 9
8. Attachments from the RFP ............................................................................................. 9
9. Changes to Agreement / Deviations from RFP ................................................................. 9
APPENDIX A – ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
APPENDIX B – NON-COLLUSSION AFFIDAVIT
APPENDIX C – ACKNOWLEDGMENT OF ADDENDA
APPENDIX D – PEER REVIEW REPORT
APPENDIX E – EXAMPLE ENGAGEMENT LETTER
November 17, 2023
City of La Quinta
Att.: Claudia Martinez, Finance Director/Treasurer
78495 Calle Tamptico
La Quinta, CA 92253
SingerLewak LLP (SingerLewak) is pleased to submit this proposal for professional auditing services for the City
of La Quinta (the City) for five (5) years beginning with the fiscal year ending June 30, 2024. We are excited about
the possibility of building a working relationship with the City. We are committed to delivering the highest level of
responsive and quality audit services possible.
Why SingerLewak?
When considering the historical experience of the different divisions of the firm, SingerLewak has over 50 years
of experience auditing municipalities. We perform over 40 municipal audits a year, allowing us to bring a wealth
of experience. Also, we have decades of experience assisting clients in the initial attainment of the Certificate of
Achievement for Excellence in Financial Reporting award under the Government Financial Officers Association
(GFOA) program as well as assisting clients with continued participation. In the most recent fiscal year, we
assisted three counties and two cities in retaining their GFOA certificate.
You can expect a strong collaborative working relationship with SingerLewak, including:
Communication and collaboration
•Speedy responsiveness, attention to deadlines and honest communication
•Significant partner involvement
•Answers and research on issues related to accounting matters that may impact the City
•Use of technology to streamline the audit process and be environmentally sensitive
Governmental experience and expertise
•Over 50 years providing audits to local governments
•Annual educational seminar for municipalities on new GASB standards, cybersecurity, fraud, Uniform
Guidance compliance, and more
Our understanding of the services to be provided include the following:
•An audit of the basic financial statements of the City, and of the standalone financial statements of La
Quinta Public Financing Authority, La Quinta Housing Authority, and the Succes s or Agency in accordance
with:
o Generally Accepted Auditing Standards, as set forth by the American Institute of Certified Public
Accountants
i
o Governmental Auditing Standards, issued by the Comptroller General of the United States
•Single Audit of the City in accordance with Subpart F of the Uniform Grant Guidance, as applicable
o Other services: Assis tance with the preparation of the Annual Comprehensive Financial Report
(ACFR) of the City
o Assis tance with the preparation of the standalone financial statements of La Quinta Public Financing
Authority, La Quinta Housing Authority, and the Successor Agency
•Report requirements and other deliverables:
o Independent auditor’s report on the basic financial statements of the City and on the standalone
financial statements of La Quinta Public Financing Authority, La Quinta Housing Authority, and the
Successor Agency
o Independent auditor’s report on the City’s internal controls over financial reporting and on
compliance and other matters based on an audit of financial statements performed in accordance
with Government Auditing Standards
o Independent auditor’s report on the City’s compliance with each major federal program and report
on internal control over compliance in accordance with the Uniform Guidance (Single Audit Report)
o Letter of communications to those charged with governance as required under AU -C 260
o Letter of internal control deficiencies as required under AU -C 265 (Management Letter)
o Agreed-Upon Procedures (AUP) report over the GANN’s Limit calculation
Disclaimer of Conflict of Interest
Singe rLewak is independent of the City, as defined by generally accepted auditing standards and the U.S. General
Accountability Office’s Government Auditing Standards. Those standards require that, in all matters relating to
the audit work, the Firm and the individual auditors should be free from personal and external impairments to
independence, should be organizationally independent, and should maintain an independent attitude and
appearance. Based upon our policy of documenting firm and employee independence with respect to continuing
clients and prospective clients, we believe we (SingerLewak and the engagement team) are independent, and are
aware of no conflict of interest, with respect to any work to be performed by SingerLewak to the City.
The undersigned is entitled to represent SingerLewak, to submit this proposal, and is authorized to sign a contract
with the City on behalf of the Firm. Our proposal will remain valid for ninety (90) days .
Please direct any question over the proposal to the undersigned.
Very truly yours,
Orlando R. Torres , Partner
SingerLewak LLP
1650 Iowa Ave, Suite 200 Riverside California 92507
Tel: 424.320.3385 E-mail: otorres@singerlewak.com
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1.Firm’s Background, Qualifications, and Experience
Years in Service
Since 1959, SingerLewak has built a reputation for excellence by providing expertise in accounting, tax and
advisory services. We are nationally recognized as a top accounting firm across various services within the
accounting profession. Our work has been awarded high marks – whether it’s auditing, accounting,
entrepreneurial business services, business management, transactions, enterprise risk management,
forensic accounting, bankruptcy, business valuation, litigation support, or consulting.
Taxpayer I.D. Number
SingerLewak’s taxpayer identification number is 95-2302617.
Number of Years Performing Audit Services
SingerLewak has been providing audit services since 1959. Also, s ince the inception of the Single Audit Act
in 1984, we have been performing audits that comply with the Act, even as it evolved under the Uniform
Guidance.
Project Manager and Key Personnel
We are happy to present for your consideration the following highly experienced team:
Orlando R. Torres, Engagement Partner
Orlando began his career in public accounting in 1995. He has been a CPA since 1999 and is currently
licensed to practice as a CPA in California, and in multiple jurisdictions including Florida, Hawaii, Puerto Rico
and the U.S. Virgin Islands. He spent most of his 25+ year career in big -4 firms dedicated primarily to audit
state & local governments. Orlando has served organizations of different sizes and governmental structures
that include departments, agencies, state level general-purpose governments, power and water utilities, and
retirement systems. He has performed also singled audits with multiple major programs. He has been a
speaker on state & local government forums and on related technical topics.
Orlando is a member of the following organizations:
•American Institute of Certified Public Accountants (AICPA)
•California Society of Certified Public Accountants (CalCPA)
•Government Finance Officers Association (GFOA)
•California Society of Municipal Financial Officers (CSMFO)
•California Special Districts Association (CSDA)
Orlando will be the engagement partner with overall responsibility over the audit. He will be responsible for
approving the audit strategy and providing oversight of the audit throughout the process. He will also review
the final report and assist with complex issues as necessary.
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Nicole L. Ryan, Engagement Manager
Nicole will be your Project Manager. She began her career in public accounting in 2004 and has been licensed
in New York as a CPA since 2010. Nicole has submitted her application for reciprocal license to practice in
California. It is expected that Nicole will be licensed in the state of California by the time that we begin the
field work for this audit. Nicole has been auditing local municipalities for 18 years, including drafting ACFR’s
and performing Single Audits. Nicole specializes in governments and audits performed in accordance with
GAGAS and the provisions of the Single Audit Act in accordance with Uniform Guidance. At her prior firm, she
was the principal of the governmental services practice unit.
Nicole is a member of the following organizations: New York Society of CPAs; AICPA; GFOA
Nicole, as the engagement manager, will have supervision and project management responsibilities over the
entire audit.
Marlene Frazier, Engagement In-Charge
Marlene has over 39 years of experience in public and private accounting and is licensed to practice as a CPA
in California. As a supervising senior, Marlene is responsible for performing fieldwork, including supervision
of staff for audits of cities, counties, and special districts. Marlene has been auditing special districts for the
past 13 years including drafting the State of California Special Districts Financial Transactions Report.
Marlene specializes in audits of non-profits and governmental entities including compliance testing.
Experience includes audits performed in accordance with GAGAS and the provisions of the Single Audit Act in
accordance with Uniform Guidance.
Marlene is a member of the following organizations: AICPA; CalCPA
As the supervising senior auditor, Marlene will be responsible for directing and supervising the work of other
staff assigned to the engagement.
Firm’s Legal Structure and State of Organization
Singerlewak is a limited liability partnership headquartered in California, and currently have over 15 offices
located throughout California, Colorado, Georgia, Nevada, Oregon, Texas and Washington.
Peer Review
SingerLewak has successfully completed an independent peer review of its assurance practice. The reviewers
concluded in their report that the firm complies with the stringent quality control standards set by the American
Institute of Certified Public Accountants, the national professional organization of CPAs. The reviewers made
an independent assessment of the firm’s quality control policies and procedures and inspected the working
papers and reports on a representative sample of assurance engagements. They also inspected the firm’s
administrative files and records and interviewed professional personnel. The review included specific
government engagements.
Our latest peer review report dated April 16, 2020 has been included as Appendix A. SingerLewak unde rwent
peer review in January 2023, however that report is not yet available, but will be provided upon issuance.
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Our Government Practice
The government practice of SingerLewak is composed of approximately twenty (20) professionals, including
two (2) audit partners, one (1) audit director, and four (4) audit managers, all dedicated to serve governmental
entities and non-profit organizations during the entire year. Such dedication results in a specialized audit team
that can leverage from the experience acquired from multiple similar engagements, and it is also expected to
res ult in a better audit experience for our clients.
Our Government Team meets on a weekly basis to discuss the progress of our different audit engagements.
Such recurring meetings allow our Government Team to address staffing conflicts on a timely basis, request
ass istance from other team members when unanticipated issues arise in a particular audit, discuss new audit
or accounting guidance, or even share opportunities for efficiencies in the execution of particular procedures.
These weekly meetings are expected to translate into a better audit experience for our clients.
The professional services for the City will be performed primarily from our Riverside office . However, current
technology advances allow us to efficiently involve virtually resource s from other SingerLewak offices as
needed to meet our responsibilities under the contract. We anticipate that the staff assigned to the different
stages of this engagement will be full-time personnel.
Following is a list of current municipal audits and reviews performed by SingerLewak:
City of Albany (15 years)
-Albany Revitalization Agency (15 years)
Benton County (7 years)
-Benton County Agricultural Extension Service
District (7 years)
-Benton County Library Service District (7 years)
City of Brownsville (31 years)
City of Detroit (17 years)
City of Happy Valley (new)
City of Idanha (6 years)
City of Lebanon (1 year)
Lebanon Urban Renewal Agency (1 year)
City of Madras (5 years)
-Madras Redevelopment Commission (5 years)
City of Newberg (18 years)
City of Molalla (new)
City of Mt. Angel (1 year)
City of Silverton (16 years)
-Silverton Urban Renewal Agency (16 years)
City of Stayton (18 years)
City of Scotts Mills (13 years)
Clackamas County Fire District #1 (new)
Crescenta Valley Water District (1 Year)
Fairview Water District (6 years)
League of Oregon Cities (35 years)
Lyons-Mehama Water District (47 years)
Mill City Rural Fire Protection District (47 years)
Netarts Water District (29 years)
Northwest Senior & Disability
Services (16 years)
Oceanside Water District (4 years)
Oregon State Fair Council (6 years)
Palo Verde Irrigation District (10 years)
Palo Verde Cemetery District (10 years)
Polk County (17 years)
-Polk County Extension Service
District (17 years)
Salem Suburban RFPD (5 years)
Tillamook County (23 years)
-Tillamook County Soil and Water
Conservation District (8 years)
-Tillamook County 4-H and Extension Service
Districts (23 years)
-Solid Waste Service District (23 years)
-Tillamook County Transportation
District (11 years)
Yamhill County (14 years)
-Yamhill Communications Agency (14 years)
-Yamhill Extension Service District (14 years)
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2.References of California Government Agencies
We have extensive experience serving local governments and municipalities. Based on the list of governmental
entities that we currently serve (as presented earlier in this proposal) you will observe that our Government
Practice is highly concentrated in Oregon.
The following are references from California government agencies as requested in your RFP:
•Palo Vere Irrigation District, CA
Kim Bishoff, Accountant
760-922-3144
kim.bishoff@pvid.org
Financial statements audit performed in accordance with GAAS; Served for approximately 10 years;
Approx. 170 hours; Field work conducted primarily in November annually;
Staff assignment: The engagement Partner, One (1) senior in-charge, and one (1) staff auditor;
Outcome: The 2022 auditors’ report over the basic financial statements was issued in July 2023
•Palo Verde Cemetery District, CA
Susie Forrest, General Manager
760-922-4631
paloverdecemetery@frontier.com
Financial statements audit performed in accordance with GAAS; Served for approximately 10 years;
Approx. 110 hours; Field work conducted primarily in November annually;
Staff assignment: The engagement Partner, One (1) senior in-charge, and one (1) staff auditor.
Outcome: The 2022 auditors’ report over the basic financial statements was issued in August 2023.
If you are interested in references from governmental agencies (particularly cities) that are similar in size to
your organization, and similar in scope of work to the services requested in you RFP, even if they are not
located in California, you may consider the following references:
•City of Silverton
Kathleen Zaragoza, Finance Director
503-874-2203
kzaragoza@silverton.or.us
https://www.silverton.or.us
Audit performed in accordance with GAAS . Served for more than 20 years ;
Approximately 280 hours ; Planning work is typically conducted in May, and the field work in September
annually;
Staff assignment: The engagement partner, one (1) engagement manager, One (1) in-charge, one (1)
senior associate, and two (2) staff auditors ;
Outcome: 2022 annual report issued in December 2022
•City of Newberg
Dan Keuler, Senior Accountant
(503) 554-8934 – Desk
daniel.keuler@newbergoregon.gov
Audit performed in accordance with GAAS . The City submits an ACFR. Served for more than 20 years ;
Approximately 280 hours ; Planning work is typically conducted during the Summer, and field work in
December annually;
Staff assignment: The engagement partner, one (1) engagement manager, One (1) in-charge and three (3)
staff auditors ;
Outcome: 2022 ACFR issued in March 2023
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•City of Lebanon
Brandon Neish, Finance Director
541-258-4212
bneish@ci.lebanon.or.us
Audit performed in accordance with GAGAS, Uniform Guidance. The City submits an ACFR. Served for the
years ended June 30, 2020 – 2023;
Approximately 300 hours ; Planning work is typically conducted during the Summer and the field in October
annually;
Staff assignment: The engagement partner, one (1) engagement manager, One (1) in-charge, one (1)
senior auditor, and two (2) staff auditors ;
Outcome: 2022 ACFR issued in July 2023
3.C omplete Pricing List
The following is a list of our estimated of required professional hours and billing rates by professional level
that supports the total all-inclusive maximum price.
For the fiscal years ending June 30,
Service 2024 2025 2026 2027 2028 Total
Financial Statements Audit $55,600 $58,400 $61,300 $64,400 $67,600 $307,300
Single Audit $12,000 $12,600 $13,200 $13,900 $14,600 $66,300
La Quinta PFA $6,500 $6,800 $7,100 $7,500 $7,900 $35,800
La Quinta Housing Authority $17,800 $18,700 $19,600 $20,600 $21,600 $98,300
Successor Agency $19,600 $20,600 $21,600 $22,700 $23,800 $108,300
GANN Limitations AUP $900 $950 $1,000 $1,050 $1,100 $5,000
Total all-inclusive fee $112,400 $118,050 $123,800 $130,150 $136,600 $621,000
Fee assumptions
•Our annual fee includes an annual increase of 5% or CPI, whichever is greater. Additional fees may apply
in years when new GASB pronouncements have a significant impact on reporting.
•The fees proposed for the Single Audit are under the assumption that there will be no more than two (2)
major programs. Any additional major program on any given year will be billed at $5,500 per major
program.
4.List of Complementary Services Offered by Proposer along with Corresponding Prices
Financial Statements Preparation Assistance
Out fees for the service included in this proposal includes assistance with the preparation of the ACFR at no
incremental cost to the City.
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Municipal Seminar
Annually, we provide a four to six hour seminar at no-charge to our local government audit clients. The seminar
is designed for individuals who hold positions of fiscal and administrative responsibility. Attendants have told
us that this seminar is useful because it provides information on issues of current interest and a forum to
exchange ideas with others who are actively involved in fiscal operations.
The technical resources available to us help us assist our clients with new accounting pronouncements as
they become effective. In addition, the number of governmental entities we serve enables us to share ideas
throughout our community of clients.
5.S taffing and Project Organization including Specific Audit Approach
Staffing
The significant factors which influence the assignment of personnel for professional audit service
engagements include proper measurement of the scope of services to be performed, planning and control of
the engagement, and careful matching of the skills and experience levels of professional personnel with the
requirements of the engagement.
The following professionals will be assigned to this engagement:
•Orlando R. Torres, Lead Audit Engagement Partner
•Nicole Ryan, Audit Senior Manager
•Marlene Frasier, Engagement In-Charge
•1 or 2 audit associates , Staff
The audit associates that will be assigned to this engagement to support Marlene (the engagement in-charge)
will be selected out of our team of approximately 8 staff associates. Brad Bingenheimer, the Firm’s
Government Sector Leader, will be assigned as the quality review partner for this engagement.
Specific Audit Approach
At SingerLewak, LLP, our audit approach is constantly evolving and improving to best fit the needs of our
clients and fully meet updated auditing and accounting standards. Our audit strategies give proper attention
to the authoritative pronouncements which govern the conduct of all audits and focus specifically on
authoritative pronouncements that guide the conduct of governmental engagements. Requirements from
federal granting agencies also have helped shape our audit programs, which enable us to efficiently complete
the requirements of Single Audits conducted under the Uniform Guidance.
Sample Size and Use of Statistical Sampling
An audit involves examining, on a test basis, evidence supporting the amounts and disclosures in the financial
statements and testing compliance with laws and regulations; therefore, our audit will involve judgment about
the number of transactions to be examined and the areas to be tested. Audit sampling will be used to the
extent deemed appropriate in applying a given procedure to less than 100 percent of the items within an
account balance or class of transactions for the purpose of evaluating some characteristic of the balance or
class or for testing compliance. The IDEA software will be used to assist us in selecting samples and analyzing
the results of tests applied to the sample. Based upon professional judgment, there may be situations where
procedures other than sampling are more efficient.
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Analytical Procedures
We will utilize a variety of analytical procedures in conducting our audits. These will include comparison of
current, prior, and budgeted amounts, ratio analysis, predictability tests and consideration of relationships
between financial and non-financial information. The IDEA software will also be used for analytical purposes
to scan transactions for anomalies and gaps in sequences, and in review of significant accounts. These
procedures will be used in planning the audit, as tests to support amounts in the financial statements, and
in final review of the financial statements.
Risk Assessment & Understanding of Internal Controls
We consider various risk factors in planning and performing an audit. This approach provides for a more
efficient audit by focusing our efforts to those areas where there is the greatest risk for a misstatement, an
instance of non-compliance with laws and regulations, or a breakdown in internal controls. In order to perform
proper risk assessments, we will gain an understanding of the operations of the City. its personnel and
internal controls. This understanding will be obtained through interviews with appropriate personnel, review
of the City’s written policies and procedures, and use of internal control checklists.
Based on the understanding of the internal controls, we will make risk assessments and consider the financial
statement assertions for each audit area. The financial statement assertions that pose the greatest risk will
vary among the different audit areas. These assessments will assist us in planning the audit process and in
the determination of testing internal controls in order to rely upon them to reduce other audit procedures. This
decision considers the necessary level of control risk, the financial statement assertion related to the control,
and whether it is efficient to test controls.
If we determine that internal controls are sufficient and that testing controls is the most efficient approach,
we will design and perform tests of controls that relate to the financial statement assertion being audited.
These tests of controls may include observation, inquiry, reperformance or inspection of documents, and may
involve the selection of a representative number of items or transactions from the population being tested.
The results of these tests will enable us to determine whether we may rely upon the City’s internal controls
and may provide a basis for suggestions to the City for improvements in internal controls. We also select
other audit procedures to perform based on our understanding of the City's risks.
Compliance with Laws and Regulations – Approach to Determine Laws and Regulations Subject to Test
Our commitment to continuing education and participation in industry associations enables us to identify new
and ongoing laws and regulations to test for compliance. When considering the laws and regulations that
could be relevant to our compliance tests, we rely primarily on inquiry with management, review of financial
reports, review documents that may provide evidence of nonrecurring transactions occurring during the year,
and inspect grant agreements and other relevant documents. For example, we will review the most recently
issued financial statements, we will review the minutes of the meetings of the City Council, we will examine
bond agreements and grant agreements, and we will review the status of legal cases through inquiry letters
sent to the City’s legal counsel. From the consideration of all relevant sources, we will them evaluate the risk
of material non-compliance with relevant laws and regulation and will design our compliance testing
accordingly.
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Compliance with Laws and Regulations – Approach to Draw Audit Samples
When testing compliance, we determine the relevant compliance requirements, test controls over those
compliance requirements, if required, and test compliance with debt covenants, contractual provisions, grant
restrictions, and other applicable rules and regulations. These tests may take a variety of forms, including
selection of a representative number of expenditures, inquiry into relevant City policies and procedures, or
reconciliation of amounts reported to granting agencies with the City general ledger. The sample size will be
impacted by the initial assessment of risk of non-compliance and control risk over compliance.
Proposed Segmentation and Time Requirements
The following is the proposed timing and segmentation of the engagement:
SEGMENT OBJECTIVES TIME
FRAME
Contracting
Process
•Pre -audit conversation with management
•Contracting April - May
Planning/
Interim
Fieldwork
•Provide detailed list of schedules to be supplied by the City
•Gain an understanding of the nature of operations and internal
controls and tests of controls as deemed appropriate
•Formulate audit strategy
•Perform risk assessments
•Begin tests of compliance with laws and regulations
June
Post Year-
End
Fieldwork
•Substantive tests of transactions or account balances
•Test compliance with laws and regulations
•Analytical procedures
•Single audit procedures / Compliance Testing
•Review audit documentation
•Review preliminary version of ACFR
•GANN Limits Testing
September/
October
Audit Wrap-Up
•Review revised version of the ACFR
•Evaluate audit findings, if any, in the aggregate
•Exit conference with City management
•Draft auditor's reports over the ACFR and the Single Audit
•Draft management letter and required communications to those
charged with governance
•GANN Limits Report
November /
December
Reporting
•Presentation of audit reports, required communications, and
recommendations to the Audit Committee and/or City Council
•Printing and delivery of financial statements and reports
•Upload information for the Data Collection Form in the Federal
Audit Clearinghouse
December
6.Subcontracting Services
We do not anticipate using subcontractors to conduct this audit.
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7.Disclosure
We are not aware of any alleged significant prior or ongoing agreement failure, any civil or criminal litigation
or investigation pending, which involved SingerLewak or in which SingerLewak has been judged guilty or liable
within the last five (5) years. Also, SingerLewak has not been subject to, and has no pending, disciplinary
action by state regulatory bodies or professional organizations nor have we experienced any pending or settled
litigation within the past five (5) years. SingerLewak has no knowledge of being subject in the past five (5)
years to any state or federal desk review, or of judgments, pending or expected litigation, or other real or
potential financial reversals that might materially affect the viability or stability of the Firm.
8.A ttachments from the RFP
•Refer to Appendix A for an executed version of the Acknowledgment of Insurance Requirements.
•Refer to Appendix B for an executed version of the Non-Collusion Affidavit.
•Refer to Appendix C for an executed version of the Acknowledgment of Addenda.
9.C hanges to Agreement / Deviations from RFP
Our professional standards require that we provide certain written communications that are typically included
in our engagement letter. We will respectfully request that our engagement letter be incorporated by reference
to the City’s Agreement for Contract Services understanding that there will be a descending order of
precedence for any conflicting provisions.
A draft of our standard engagement letter is provided as an attachment in the City’s electronic bidding system
for your consideration of our standard terms and conditions.
9
APPENDIX A
Page 13 of 15
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, _Orlando R. Torres______________________ (name) hereby acknowledge and confirm that
SingerLewak LLP____________________ (name of company) has reviewed
the City’s indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City’s Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is awarded.
I am __an Audit Partner_________________ of __SingerLewak LLP________________, (Title) (Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
Proposer Signature: __________________________________________________
APPENDIX B
Page 14 of 15
ATTACHMENT 3
NON-COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
I, _Orlando R. Torres________________________ (name) hereby declare as follows:
I am _an Audit Partner __________________ of _SingerLewak LLP____________________,
(Title) (Company)
the party making the foregoing proposal, that the proposal is not made in the interest of, or on
behalf of, any undisclosed person, partnership, company, association, organization, or corporation;
that the proposal is genuine and not collusive or sham; that the proposer has not directly or
indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not
directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to
put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in
any manner, directly or indirectly, sought by agreement, communication, or conference with anyone
to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost
element of the proposal price, or of that of any other proposer, or to secure any advantage against
the public body awarding the agreement of anyone interested in the proposed agreement; that
all statements contained in the proposal are true; and, further, that the proposer has not, directly
or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or
divulged information or data relative hereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, proposal depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
Proposer Signature: __________________________________________________
Proposer Name:
Proposer Title:
_Orlando R. Torres__________________________________
_______Partner______________________________________
Company Name:
Address:
_SingerLewak LLP__________________________________
_1650 Iowa Ave. Suite 200, Riverside, CA 92507_________
APPENDIX C
Page 15 of 15
ATTACHMENT 4
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark “N/A” under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. SIGNATURE INDICATING RECEIPT
None received
APPENDIX D
APPENDIX E
Date
City of La Quinta
La Quinta, CA
The Objective and Scope of the Audit of the Financial Statements
You have requested that SingerLewak LLP (“SingerLewak”, “we”, “us”, or “our”), audit the basic financial
statements of the City of La Quinta (the City) as of and for the year ended June 30, 2024. We are
pleased to confirm our acceptance and our understanding of this audit engagement by means of this
letter (“Arrangement Letter”).
The objectives of our audit are to obtain reasonable assurance about whether the financial statements
as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s
report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute
assurance and therefore is not a guarantee that an audit conducted in accordance with auditing
standards generally accepted in the United States of America (“GAAS ”) and Government Auditing
Standards issued by the Comptroller General of the United States (“GAS”) will always detect a material
misstatement when it exists. Misstatements can arise from fraud or error and are considered material
if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment
made by a reasonable user based on the financial statements. The risk of not detecting a material
misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve
collusion, forgery, intentional omissions, misrepresentations, or the override of controls .
Accounting principles generally accepted in the United States of America, (“U.S. GAAP”,) as promulgated
by the Governmental Accounting Standards Board (GASB) require that certain information, as listed
below, be presented to supplement the basic financial statements. Such information, although not a
part of the basic financial statements, is required by the GASB, who considers it to be an essential part
of financial reporting for placing the basic financial statements in an appropriate operational, economic,
or historical context. As part of our engagement, we will apply certain limited procedures to the required
supplementary information (RSI) in accordance with GAAS. These limited procedures will consist primarily
of inquiries of management regarding their methods of measurement and presentation, and comparing
the information for consistency with management's responses to our inquiries. We will not express an
o pinion or provide any form of assurance on the RSI. The following RSI is required by U.S. GAAP. This
RSI will be subjected to certain limited procedures but will not be audited:
• Management's Discussion and Analysis
• Schedule of the Proportionate Share of the Net Pension Liability
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• Schedule of Contributions
• Schedule of the Proportionate Share of the Net Other Postemployment Benefits Liability (Asset)
• Schedule of Other Postemployment Benefits Contributions
• Schedule of Changes in the City's Total Other Postemployment Benefits Liability and Related
Ratios
Supplementary information other than RSI will accompany the City's basic financial statements. We will
subject the following supplementary information to the auditing procedures applied in our audit of the
basic financial statements and perform certain additional procedures, including comparing and
reconciling the supplementary information to the underlying accounting and other records used to
prepare the basic financial statements or to the basic financial statements themselves, and additional
procedures in accordance with GAAS. We intend to provide an opinion on the following supplementary
information in relation to the basic financial statements as a whole:
• Combining statements
• Individual fund schedules
• Schedule of Expenditures of Federal Awards
Also, the document we submit to you will include the following other additional information that will not
be subjected to the auditing procedures applied in our audit of the basic financial statements:
• Introductory section
• Statistical section
You have also requested that SingerLewak perform the audit of the City as of June 30, 2024 to satisfy
the audit requirements imposed by the Single Audit Act and Subpart F of Title 2 U.S. Code of Federal
Regulations (“CFR ”) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (the “Uniform Guidance”).
The Responsibilities of the Auditor
We will conduct our audit in accordance with GAAS , GAS, the Uniform Guidance, the U.S. Office of
Management and Budget’s (“OMB”) Compliance Supplement. Those standards require that we comply
with applicable ethical requirements . As part of an audit in accordance with GAAS, GAS, the Uniform
Guidance, and the Minimum Standards, we exercise professional judgment and maintain professional
skepticism throughout the audit. We also:
• Identify and assess the risks of material misstatement of the financial statements, whether due to
fraud or error, based on an understanding of the entity and its environment, the applicable financial
reporting framework, and the entity’s system of internal control, design and perform audit procedures
responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a
basis for our opinion.
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• Consider the entity’s system of internal control in order to design audit procedures that are
appropriate in the circumstances but not for the purpose of expressing an opinion on the
effectiveness of the City’s internal control. However, we will communicate to you in writing concerning
any significant deficiencies or material weaknesses in internal control relevant to the audit of the
financial statements that we have identified during the audit.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluate the overall presentation of the
financial statements, including the disclosures, and whether the financial statements represent the
underlying transactions and events in a manner that achieves fair presentation.
• Conclude, based on the audit evidence obtained, whether there are conditions or events, considered
in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern
for a reasonable period of time.
Because of the inherent limitations of an audit, together with the inherent limitations of controls , an
unavoidable risk that some material misstatements may not be detected exists, even though the audit
is properly planned and performed in accordance with GAAS and GAS. Because the determination of
waste or abuse is subjective, GAS does not require auditors to perform specific procedures to detect
waste or abuse in financial statement audits.
We will communicate to the Audit Committee (a) any fraud involving senior management and fraud
(whether caused by senior management or other employees) that causes a material misstatement of
the financial statements that becomes known to us during the audit, and (b) any instances of
noncompliance with laws and regulations that we become aware of during the audit (unless they are
clearly inconsequential).
We are responsible for the compliance audit of major programs under the Uniform Guidance, including
the determination of major programs, the cons ideration of internal control over compliance, and reporting
responsibilities.
Our report(s) on internal control over financial reporting and over compliance for major programs will
include any significant deficiencies and material weaknesses in internal control over financial reporting
and over compliance for major programs of which we become aware as a result of obtaining an
understanding of internal control and performing tests of internal control over financial reporting and
over compliance for major programs consistent with requirements of the standards and regulations
identified above.
Our report(s) on compliance matters will address material errors, fraud, violations of compliance
obligations, and other responsibilities imposed by state and federal statutes and regulations or assumed
by contracts ; and any state or federal grant, entitlement or loan program questioned costs of which we
become aware, consistent with requirements of the standards and regulations identified above.
We will maintain our independence in accordance with the standards of the American Institute of Certified
Public Accountants and GAS.
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The Responsibilities of Management and Identification of the Applicable Financial Reporting
Framework
Management is responsible for:
1. Identifying and ensuring that the City complies with the laws and regulations applicable to its
activities, and for informing us about all known violations of such laws or regulations, other than
those that are clearly inconsequential;
2. The design and implementation of programs and controls to prevent and detect fraud, and for
informing us about all known or suspected fraud affecting the City involving management, employees
who have significant roles in internal control, and others where the fraud could have a material effect
on the financial statements; and
3. Informing us of its knowledge of any allegations of fraud or suspected fraud affecting the City received
in communications from employees, former employees, analysts, regulators, vendors, customers or
others.
Management is responsible for the preparation of the RSI which U.S. GAAP require to be presented to
supplement the basic financial statements .
The Board of Trustees is responsible for informing us of its views about the risks of fraud, waste or
abuse within the City, and its knowledge of any fraud, waste or abuse or suspected fraud, waste or
abuse affecting the City.
Our audit will be conducted on the basis that management and, when appropriate, those charged with
governance acknowledge and understand that they have responsibility:
1. For the preparation and fair presentation of the financial statements in accordance with U.S. GAAP;
2. To evaluate subsequent events through the date the financial statements are issued. Management
also agrees that it will not conclude on subsequent events earlier than the date of the management
representation letter referred to below;
3. For the design, implementation and maintenance of internal control relevant to the preparation and
fair presentation of financial statements that are free from material misstatement, whether due to
fraud or error;
4. For report distribution; and
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5. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation and
fair presentation of the financial statements including information relevant to disclosures;
b. Draft financial statements, including information relevant to their preparation and fair
presentation, when needed, to allow for the completion of the audit in accordance with the
proposed timeline;
c. Additional information that we may request from management for the purpose of the audit; and
d. Unrestricted access to persons within the City from whom we determine it necessary to obtain
audit evidence.
As part of our audit process, we will request from management and, when appropriate, those charged
with governance written confirmation concerning representations made to us in connection with the
audit, including among other items:
1. That management has fulfilled its responsibilities as set out in the terms of this Arrangement Letter;
and
2. That it believes the effects of any uncorrected misstatements aggregated by us during the current
engagement and pertaining to the latest period presented are immaterial, both individually and in
the aggregate, to the financial statements taken as a whole.
Because the audit will be performed in accordance with the Single Audit Act and the Uniform Guidance,
management is responsible for (a) identifying all federal awards received and expended; (b) preparing
and the fair presentation of the schedule of expenditures of federal awards (including notes and noncash
assistance received) in accordance with Uniform Guidance requirements; (c) internal control over
compliance; (d) compliance with federal statutes, regulations, and the terms and conditions of federal
awards; (e) making us aware of significant vendor relationships where the vendor is responsible for
program compliance; (f) following up and taking corrective action on audit findings, including the
preparation of a summary schedule of prior audit findings and a corrective action plan; (g) timely and
accurate completion of the data collection form and (h) submitting the reporting package and data
collection form.
Reporting
We will issue a written report upon completion of our audit of the City’s financial statements. Our report
will be addressed to the Board of Trustees of the City. Circumstances may arise in which our report may
differ from its expected form and content based on the results of our audit. Depending on the nature of
these circumstances, it may be necessary for us to modify our opinion, or add an emphasis -of-matter
paragraph or other-matter paragraph to our auditor’s report.
Upon issuance of our written report, we will upload the financial statements and our report to the RIVIO
Clearinghouse (“RIVIO”). It is the responsibility of management to verify and validate the written report
submitted through RIVIO, to designate third-party recipients, and to authorize release of the written report
and related financial statements to the designated third-party recipients.
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If circumstances arise relating to the condition of the City’s records, the availability of appropriate audit
evidence or indications of a significant risk of material misstatement of the financial statements because
of error, fraudulent financial reporting or misappropriation of assets which, in our professional judgment,
prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any
course of action permitted by professional standards, including, but not limited to, declining to express
an opinion or issue a report, or withdrawing from the engagement.
In addition to our report on the City’s financial statements, we will also issue the following reports :
1. List reports ....
Records and Assistance
During the course of our engagement, we may accumulate records containing data that should be
reflected in the City’s books and records. The City will determine that all such data, if necessary, will be
so reflected. Accordingly, the City will not expect us to maintain copies of such records in our possession.
The assistance to be supplied by City personnel, including the preparation of schedules and analyses of
accounts, has been discussed and coordinated with ______________, Finance Manager. The timely and
accurate completion of this work is an essential condition to our completion of the audit and issuance
of our audit report.
Non-audit Services
In connection with our audit, you have requested us to perform certain non-audit services:
1) List non-audit services …
GAS independence standards require that the auditor maintain independence so that opinions, findings,
conclusions, judgments and recommendations will be impartial and viewed as impartial by reasonable
and informed third parties. Before we agree to provide a non-audit service to the City, we determine
whether providing such a service would create a significant threat to our independence for GAS audit
purposes, either by itself or in aggregate with other non-audit services provided. A critical component of
our de termination is consideration of management’s ability to effectively oversee the non-audit service s
to be performed. The City has agreed that ___________, Finance Manager possesses suitable skill,
knowledge or experience and that the individual understands the non-audit services to be performed
sufficiently to oversee them. Accordingly, the management of the City agrees to the following:
1. The City has designated _____________, Finance Manager as a senior member of management who
possesses suitable skill, knowledge and experience to oversee the services ;
2. ____________, Finance Manager will assume all management responsibilities for subject matter and
scope of the non-audit services;
3. The City will evaluate the adequacy and results of the services performed; and
4. The City accepts responsibility for the results and ultimate use of the services .
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GAS further requires that we establish an understanding with the City’s management or those charged
with governance of the objectives of the non-audit services , the services to be performed, the City’s
acceptance of its responsibilities, the auditor’s responsibilities and any limitations of the non-audit
service s . We believe this Arrangeme nt Letter documents that understanding.
Other Relevant Information
In accordance with GAS , a copy of our most recent peer review report is enclosed for your information.
Fees and Costs
Our professional fees for the services described above are $____________, and are based upon the
value of the services performed and the time required by the individuals assigned to the engagement.
Services provided by SingerLewak related to matters outside the scope of professional services
described in this letter will be accounted for and billed separately.
In addition to our professional fees, we will bill expenses including, but not limited to, report processing,
local and out-of-town travel, meals, courier services, parking, support services, fees for services from
other professionals as required, etc.
Our total fee and completion of our work are based upon the following criteria:
1. Anticipated cooperation from City personnel
2. Timely responses to our inquiries
3. Timely completion and delivery of client assistance requests
4. Timely communication of all significant accounting and financial reporting matters
5. The assumption that unexpected circumstances will not be encountered during the engagement
If any of the aforementioned criteria are not met, then fees may increase.
Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due
upon submission.
The payment schedule for the aforementioned services is as follows:
To be provided …
Upon our notice to you, we reserve the right to cease all work on your account(s), regardless of the
nature of the work, for your nonpayment of delinquent balances owed to us. Such cessation will continue
until your account or accounts are brought current. If it should become necessary to assign your
account(s) for collection, you will be responsible for attorney fees and costs, as well as for interest at
the legal rate.
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You have informed us that you intend to prepare an annual comprehensive financial report (“Annual
Report”) and submit it for evaluation by the Government Finance Officers Association’s Certificate of
Achievement for Excellence in Financial Reporting. Our association with the Annual Report is to consist
of reading the introductory and statistical sections for consistency with the audited financial statements.
Use of Third -Party Products
We may provide services to you using certain third-party hardware, software, software services, managed
services (including, but not limited to, web hosting, data security, data back-up, email security, or similar
services subject to direct end-user or subscription agree ments), applications, and equipment
(collectively, “Third-Party Products”). You acknowledge that your or our use of a Third-Party Product may
involve the processing, input, disclosure, movement, transfer, and storage of information provided by
you to us, including Personal Information and Confidential Information, within the Third-Party Product’s
infrastructure and not ours . You further acknowledge that the terms of use and service, including, but
not limited to, applicable laws, set forth in the end-user license, end-user subscription agreement, or
other end-user agreement for such Third-Party Product (collectively, “EULA(s)”) will govern all obligations
of such licensor relating to data privacy, storage, recovery, security, and processing within such Third-
Party Product’s infrastructure, as well as, the service levels associated with such Third-Party Product.
You hereby consent to the disclosure of your information, including your Confidential Information and
Personal Information, to the licensors of such Third-Party Products for the purpose described herein.
To the extent SingerLewak gives the City access to a Third-Party Product in connection with the services
contemplated herein, the City agrees to comply with the terms of any applicable EULA for such Third-
Party Product, and the City shall be solely responsible for the improper use of a Third-Party Product or a
violation of the applicable EULA for such Third-Party Product, by the City, or any user to whom the City
grants access to such Third-Party Product. The City agrees to indemnify and hold SingerLewak harmless
from and against any claims, actions, lawsuits, proceedings, judgments, liens, losses, damages,
liabilities, expenses, and costs (including legal fees, expenses, and costs) relating to, or arising from or
out of, the improper use of a Third-Party Product, or a violation of the terms of the applicable EULA for
such Third-Party Product, by the City, or any user to whom the City grants access to such Third-Party
Product.
You acknowledge that your or our use of Third-Party Products may be subject to limitations, delays,
interruptions, errors, and other problems which are beyond our control, including, without limitation,
internet outage or lack of availability related to updates, upgrades, patches, fixes, maintenance, or other
issues. We will not be liable for any delays, delivery failures, or other losses or damages resulting from
such issues. Nor will we be held responsible or liable for any loss, or unauthorized use or disclosure, of
any information or data provided by you, including, without limitation, Personal Information provided by
you, resulting from your or our use of a Third-Party Product.
Use and Ownership; Access to Audit Documentation
The Audit Documentation for this engagement is the property of SingerLewak. For the purposes of this
Arrangement Letter, the term “Audit Documentation” shall mean the confidential and proprietary records
of SingerLewak’s audit procedures performed, relevant audit evidence obtained, other audit-related
workpapers, and conclusions reached. Audit Documentation shall not include custom-developed
documents, data, reports, analyses, recommendations, and deliverables authored or prepared by
SingerLe wak for the City under this Arrangement Letter, or any documents belonging to the City or
furnished to SingerLewak by the City.
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Review of Audit Documentation by a successor auditor or as part of due diligence is subject to applicable
SingerLewak policies, and will be agreed to, accounted for and billed separately. Any such access to our
Audit Documentation is subject to a successor auditor signing an Access & Release Letter substantially
in SingerLewak’s form. SingerLewak reserves the right to decline a successor auditor’s request to review
our workpapers.
In the event we are required by government regulation, subpoena or other legal process to produce our
documents or our personnel as witnesses with respect to our engagement for the City, the City will, so
long as we are not a party to the proceeding in which the information is sought, reimburse us for our
professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding
to such requests.
Y ou acknowledge and grant your assent that representatives of the cognizant or oversight agency or their
designee, other government audit staffs, and the U.S. Government Accountability Office shall have
access to the Audit Documentation upon their request and that we shall maintain the Audit
Documentation for a period of at least three years after the date of the report, or for a longer period if
we are requested to do so by the cognizant or oversight City. Access to the requested Audit
Documentation will be provided under the supervision of SingerLewak audit personnel and at a location
designated by our firm.
Indemnification, Limitation of Liability, and Claim Resolution
The City and SingerLewak both agree that, except as provided below, any dispute over fees charged by
SingerLewak to the City will be submitted for resolution by arbitration in accordance with the rules of the
American Arbitration Association. Such arbitration shall be binding and final; however, SingerLewak shall
have the option to have any dispute that is within the jurisdiction of Small Claims Court heard in said
court. IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE
OVER FEES, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF
LAW BEFORE A JUDGE AND JURY AND INSTEAD IS ACCEPTING THE USE OF ARBITRATION FOR
RESOLUTION.
Becaus e SingerLewak will rely on the City and its management and the Board of Trustees to discharge
the foregoing responsibilities, the City agrees to indemnify, hold harmless and release SingerLewak and
its partners, principals, officers, directors, employees, affiliates, subsidiaries, contractors,
Subcontractors, agents, representatives, successors, or assigns from all claims, liabilities, losses and
costs arising in circumstances where there has been a knowing misrepresentation by a member of the
City’s management.
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THE CITY AND SINGERLEWAK AGREE THAT NO CLAIM ARISING OUT, FROM, OR RELATING TO THE
SERVICES RENDERED PURSUANT TO THIS ARRANGEMENT LETTER SHALL BE FILED MORE THAN
TWO YEARS AFTER THE DATE OF THE AUDIT REPORT ISSUED BY SINGERLEWAK OR THE DAT E OF
THIS ARRANGEMENT LETTER IF NO REPORT HAS BEEN ISSUED. IN NO EVENT SHALL SINGERLEWAK
OR THE CITY , OR ANY OF THEIR RESPECTIVE PARTNERS, PRINCIPALS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, AGENTS,
REPRESENTA TIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “COVERED PARTIES” AND
EACH INDIVIDUALLY, A “COVERED PARTY”), BE LIABLE FOR THE INTERRUPTION OR LOSS OF
BUSINESS, ANY LOST PROFITS, SAVINGS, REVENUE, GOODWILL, SOFTWARE, HARDWARE, OR DATA,
OR THE LOSS OF USE THEREOF (REGARDLESS OF WHETHER SUCH LOSSES ARE DEEMED DIRECT
DAMAGES), OR INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
SIMILAR SUCH DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COVERED PARTIES
ARISING OUT OF, FROM, OR RELATING TO THIS ARRANGEMENT LETTER, OR THE REPORT ISSUED
OR SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CIRCUMSTANCES OR NATURE OR TYPE
OF CLAIM, INCLUDING, WITHOUT LIMITAT ION, CLAIMS ARISING FROM A COVERED PARTY’S
NEGLIGENCE OR BREACH OF CONTRACT OR WARRANTY, OR RELATING TO OR ARISING FROM A
GOVERNMENT, REGULATORY OR ENFORCEMENT ACTION, INVESTIGATION, PROCEEDING, OR FINE,
WILL NOT EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY THE CITY TO SINGERLEWAK UNDER
THIS ARRANGEMENT LETTER. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS LIMITATION
OF LIABILITY PROVISION SHALL, OR SHALL BE INTERPRETED OR CONSTRUED TO, RELIEVE THE CITY
OF ITS PAYMENT OBLIGATIONS TO SINGERLEWAK UNDER THIS A RRANGEMENT LETTER.
Confidentiality
SingerLewak and the City may, from time to time, disclose Confidential Information (as defined below)
to one another. Accordingly, SingerLewak and the City agree as the recipient of such Confidential
Information (the “Receiving Party”) to keep strictly confidential all Confidential Information provided to it
by the disclosing party (the “Disclosing Party”) and use, modify, store, and copy such Confidential
Information only as necessary to perform its obligations and exercise its rights under this Arrangement
Letter. Except as otherwise set forth herein, the Receiving Party may only disclose the Confidential
Information of the Disclosing Party to its personnel, agents, and representatives who are subject to
obligations of confidentiality at least as restrictive as those set forth herein and only for the purpose of
exercising its rights and fulfilling its obligations hereunder. To avoid any doubt, SingerLewak is permitted
to disclose the City’s Confidential Information to SingerLewak’s personnel, agents, and representatives
to provide the services or exercise its rights under this Arrangement Letter or for the purpose of
maintaining compliance with applicable laws and professional, regulatory, and/or ethical standards.
As used herein, “Confidential Information” means, information in any form, oral, graphic, written,
electronic, machine-readable or hard copy consisting of: (i) any nonpublic information provided by the
Disclosing Party, including, but not limited to, all of its inventions, designs, data, source and object code,
programs, program interfaces, know-how, trade secrets, techniques, ideas, discoveries, marketing and
business plans, pricing, profit margins and/or similar information; (ii) any information that the Disclosing
Party identifies as confidential; or (iii) any information that, by its very nature, a person in the same or
similar circumstances would understand should be treated as confidential, including, but not limited to,
this Arrangement Le tter.
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As used herein, the term “Confidential Information” will not include information that: (i) is publicly
available at the time of disclosure by the Disclosing Party; (ii) becomes publicly available by publication
or otherwise after disclosure by the Disclosing Party, other than by breach of the confidentiality
obligations set forth herein by the Receiving Party; (iii) was lawfully in the Receiving Party’s possession,
without restriction as to confidentiality or use, at the time of disclosure by the Disclosing Party; (iv) is
provided to the Receiving Party without restriction as to confidentiality or use by a third party without
violation of any obligation to the Disclosing Party; or (v) is independently developed by employees or
agents of the Receiving Party who did not access or use the Confidential Information.
The Receiving Party will treat the Disclosing Party’s Confidential Information with the same degree of
care as the Receiving Party treats its own confidential and proprietary information, but in no event will
such standard of care be less than a reasonable standard of care. The Receiving Party will promptly
notify the Disclosing Party if it becomes aware that any of the Confidential Information of the Disclosing
Party has been used or disclosed in violation of this Arrangement Letter.
Notwithstanding the foregoing, in the event that the Receiving Party becomes legally compelled to
disclose any of the Confidential Information of the Disclosing Party, or as may be required by applicable
regulations or professional standards, the Receiving Party will use commercially reasonable efforts to
provide the Disclosing Party with notice prior to disclosure, to the extent permitted by law.
Preexisting Nondisclosure Agreements
In the event that the parties have executed a separate nondisclosure agreement and such agreement
does not automatically terminate or expire upon execution of this Arrangement Letter, such agreement
shall be terminated as of the effective date of this Arrangement Letter.
Data Protection Compliance
Prior to disclosing to us or our Subcontractors or granting us or our Subcontractors with access to your
data, you will identify in writing any personal, technical, or other data provided or made accessible to us
or our Subcontractors pursuant to this Arrangement Letter that may be subject to heightened protections
under applicable privacy, cybersecurity, export control, and/or data protection laws, including, but not
limited to, protected health information pursuant to the Health Information Portability and Accountability
Act of 1996 (“HIPAA”), classified or controlled unclassified information subject to the National Industrial
Security Program, the National Industrial Security Program Operating Manual, or the Defense Federal
Acquisition Regulation Supplement (“DFARS”), data subject to Export Administration Regulations
(“EAR”), or International Traffic in Arms Regulations (“ITAR”) controlled data. Unless otherwise expressly
agreed upon and specified in writing by SingerLewak and the City, you shall not provide us or any of our
Subcontractors with access to such data and you shall be responsible for the handling of all such data
in connection with the performance of the services requested hereunder, including, but not limited to,
the scrubbing, de-identification, de-aggregation, protection, encryption, transfer, movement, input,
storage, migration, deletion, copying, processing, and modification of such data.
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SingerLewak and the City acknowledge and agree that they may correspond or convey information and
documentation, including Confidential Information and Personal Information, via various forms of
electronic transmission, including, but not limited to, Third-Party Products, such as, email, FTP and cloud-
based sharing and hosting applications (e.g., portals, data analytics tools, and helpdesk and support
ticketing applications), and that neither party has control over the performance, operation, reliability,
availability, or security of these electronic transmissions methods. Therefore, neither party will be liable
for any loss, damage, expense, harm, disclosure or inconvenience resulting from the loss, delay,
interception, corruption, unauthorized disclosure, or alteration of any electronic transmission where the
party has used commercially reasonable efforts to protect such information. We offer our clients various
platforms for the exchange of information. You hereby agree that you shall be bound by and comply with
any and all user terms and conditions made available (whether by link, click-through, or otherwise) with
respect to such platforms.
Information Security – Portal Access and Use
SingerLewak will create individual logon accounts for those City employees who need access to iChannel,
RIVIO, and Suralink (the “Portals”). Each account will have access only to those document areas
requested by the City. (SingerLewak strongly recommends the City establish a policy that logon
information not be shared with others.) In order to maintain security, the City agrees to designate a
single individual as the authorized person to contact the Firm to request employee logons. The initial
designee is ___________, Finance Manager. All initial logon passwords will be transmitted to the
designee by e-mail and passwords will then be changed by the City’s employees.
The City acknowledges that the use of username and password is an adequate form of security. The City
is solely responsible for (1) authorizing, monitoring, controlling access to, and maintaining the strict
confidentiality of each employee’s username and password; (2) not allowing another person to use an
employee’s username or password; (3) any charges or damages that may be incurred as a result of the
City’s neglect to maintain the strict confidentiality of an employee’s username and password; and (4)
promptly informing SingerLewak in writing of any need to deactivate a username due to security concerns
or otherwise. SingerLewak is not liable for any harm related to the misuse or theft of usernames or
passwords, disclosure of usernames or passwords, or the City’s authorization to allow another person
or entity to access and use the Portals using an employee’s username or password. The City shall
immediately notify SingerLewak of any unauthorized use of an employee’s username or password and
any breach of confidentiality. Until SingerLewak receives this notification from the City, the City will be
held liable for any harm ensuing from the use of an employee’s username on the Portals.
The City agrees to notify SingerLewak via email in writing when an individual logon account is to be
terminated. SingerLewak will make every effort to confirm and terminate access within 10 business days.
However, the City cannot be assured that access has been terminated until the City receives an email
confirmation of termination.
You agree that SingerLewak has no responsibility for the activities of RIVIO and Suralink and agree to
indemnify and hold SingerLewak harmless with respect to any and all claims arising from or related to
the operation of RIVIO and Suralink.
City of La Quinta
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Personal Information
As used herein, the term “Personal Information” means any personal information that directly or
indirectly identifies a natural person as may be defined by applicable privacy, data protection or
cybersecurity laws, and includes, but is not limited to, nonpublic, personally identifiable information such
as Social Security numbers, Social Insurance numbers, driver’s license numbers or state- or province -
issued identification card numbers, credit or debit card numbers with or without any required security
code, number or passwords, health information, and other personal info rmation as defined by applicable
laws, whether of the City or the City’s customers or other third parties.
Each party agrees to transmit Personal Information consistent with applicable laws and any other
obligations the respective party may have. In the event you transmit to us Personal Information in an
unencrypted format or via unencrypted means, you agree that we have no obligation to notify you of the
foregoing.
You represent and warrant that you have provided all notices and obtained all consents required under
applicable data protection laws prior to your collection, use and disclosure to us or our Subcontractors
of such Personal Information and shall take reasonable steps to ensure that such Personal Information
does not include irrelevant or unnecessary information about individuals.
Where we are acting as a service provider under the California Consumer Privacy Act, including as
amended or replaced (“CCPA”), we (i) will not sell any Personal Information received from the City; (ii)
will not disclose Personal Information to another bus iness, person, or third party, except for the purpose
of maintaining or providing the services or exercising our rights as specified in this Arrangement Letter,
including to provide Personal Information to advisers or sub-contractors, or to the extent such disclosure
is required by law. We certify that we understand and will comply with the requirements enumerated in
(i) and (ii). For the avoidance of doubt, all permitted uses of Personal Information by service providers
that are enumerated in the CCPA are understood to apply to the Personal Information processed by us.
We are permitted to use all such Personal Information to perform our obligations and exercise our rights
under this Arrangement Letter. The parties agree that as part of the performance of the services as
described in this Arrangement Letter, and as part of the direct business relationship between the parties,
we may use the Personal Information to improve and develop services and for other similar internal and
business purposes. We agree to maintain appropriate security measures to protect such Personal
Information in accordance with applicable laws.
If we become aware of an unauthorized acquisition or use of City-provided Personal Information, we will
promptly inform you of such unauthorized acquisition or use as required by applicable laws and, upon
your written request, reasonably cooperate with you at your sole cost in support of any breach notification
requirements as imposed upon you by applicable laws.
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Retention of Records
We will return to you all original records you provide to us in connection with this engagement. Further,
in addition to providing you with those deliverables set forth in this Arrangement Letter, we will provide
to you a copy of any records we prepare or accumulate in connection with such deliverables which are
not otherwise reflected in your books and records without which your books and records would be
incomplete. You have the sole responsibility for retaining and maintaining in your possession or custody
all of your financial and nonfinancial records related to this engagement. We will not host, and will not
accept responsibility to host, any of your records. We, however, may maintain a copy of any records of
yours necessary for us to comply with applicable law and/or professional standards or to exercise our
rights under this Arrangement Letter. Any such records retained by us will be subject to the confidentiality
obligations set forth herein and destroyed in accordance with our record retention policies.
Termination
Your failure to make full payment of any and all undisputed amounts invoiced in a timely manner
constitutes a material breach for which we may refuse to provide deliverables and/or, upon written
notice, suspend or terminate our services under this Arrangement Letter. We will not be liable to you for
any resulting loss, damage or expense connected with the suspension or termination of our services
due to your failure to make full payment of undisputed amounts invoiced in a timely manner.
In the event you terminate this engagement, you will pay us for all services rendered (including
deliverables and products delivered), expenses incurred, and noncancelable commitments made by us
on your behalf through the effective date of termination.
We will not be responsible for any delay or failure in our performance resulting from acts beyond our
reasonable control or unforeseen or unexpected circumstances, such as, but not limited to, acts of God,
government or war, riots or strikes, disasters, fire s, floods, epidemics, pandemics or outbreaks of
communicable disease, cyberattacks, and internet or other system or network outages. At your option,
you may terminate this Arrangement Letter where our services are delayed more than 120 days; however,
you are not excused from paying us for all amounts owed for services rendered and deliverables provided
prior to the termination of this Arrangement Letter.
When an engagement has been suspended at the request of management or those charged with
governance and work on that engagement has not recommenced within 120 days of the request to
suspend our work, we may, at our sole discretion, terminate this Arrangement Letter without further
obligation to you. Resumption of our work following termination may be subject to our client acceptance
procedures and, if resumed, will require additional procedures not contemplated in this Arrangement
Letter. Accordingly, the scope, timing and fee arrangement discussed in this Arrangement Letter will no
longer apply. In order for us to recommence work, the execution of a new Arrangement Letter will be
required.
We may terminate this Arrangement Letter upon written notice if we determine that our continued
performance would result in a violation of law, regulatory requirements, applicable professional or ethical
standards, or our client acceptance or retention standards .
The parties agree that those provisions of this Arrangement Letter which, by their context, are intended
to survive, including, but not limited to, payment, limitations on liability, claim resolution, use and
ownership, and confidentiality obligations, shall survive the termination of this Arrangement Letter.
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Miscellaneous
We may mention your name and provide a general description of the engagement in our client lists and
marketing materials. Notwithstanding anything stated to the contrary in this Arrangement Letter, the City
acknowledges and consents that we also may utilize Confidential Information and Personal Information
that you have provided to us in connection with this engagement to develop, enhance, modify and
improve technologies, tools, methodologies, services and offerings and/or for development or
performance of data analysis, business analytics or insights, or other insight generation. Information
developed in connection with these purposes may be used or disclosed to you or current or prospective
clients to provide them services or offerings. We will not use or disclose such Confidential Information
or Personal Information in a way that would permit the City or an individual to be identified by third parties
without your prior written consent.
The City agrees that it will not associate us with any public or private securities offering without first
obtaining our consent. Therefore, the City agrees to contact us before it includes our reports, or
otherwise makes reference to us, in any public or private securities offering. Our association with an
official statement is a matter for which separate arrangements may be necessary. The City agrees to
provide us with printer’s proofs or masters of such offering documents for our review and approval before
printing, and with a copy of the final reproduced material for our approval before it is distributed. If,
based on our review, we identify no material inconsistencies with our audit, or other misstatements of
fact, we will promptly communicate in writing to the City that we do not object to the inclusion of our
report in the offering documents. In the event our auditor/client relationship has been terminated when
the City seeks such consent, we will be under no obligation to grant such consent or approval.
We agree that our association with any proposed offering is not necessary, providing the City agrees to
clearly indicate that we are not associated with the contents of any such official statement or
memorandum. The City agrees that the following disclosure will be prominently displayed in any such
official statement or memorandum:
SingerLewak LLP, our independent auditor, has not been engaged to perform, and has not performed,
since the date of its report included herein, any procedures on the financial statements addressed in
that report. SingerLewak LLP also has not performed any procedures relating to this official statement
memorandum.
Our professional standards require that we perform certain additional procedures, on current and
previous years’ engagements, whenever a partner or professional employee leaves the firm and is
subsequently employed by or associated with a client in a key position. Accordingly, you agree to
compensate us for any additional costs incurred as a result of your employment of one of our partners,
principals or employees.
Nothing in this Arrangement Letter shall limit the liability of SingerLewak to the City for any negligence,
violation of applicable auditing standards, or other fault in the performance of audit procedures, whether
at common law, under the federal securities laws, or pursuant to any applicable state law. Any term of
this Arrangement Letter that would be prohibited by or impair our independence under applicable law or
regulation shall not apply, to the extent necessary only to avoid such prohibition or impairment.
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Notices
Unless otherwise expressly agreed upon by the parties in this Arrangement Letter, all notices required
to be given hereunder will be in writing and addressed to the party at the business address provided in
this Arrangement Letter, or such other address as such party may indicate by a notice delivered to the
other party. A copy of any legal notice (e.g., any claimed breach or termination of this Arrangement Letter)
sent by the City to SingerLewak shall also be sent to the following address: Chief Operating Officer,
SingerLewak LLP, 10960 Wilshire Boulevard, Suite 1100, Los Angeles, CA 90024. Except as otherwise
expressly provided in this Arrangement Letter, notices hereunder will be deemed given and effective: (i)
if personally delivered, upon delivery; (ii) if sent by registered or certified mail or by overnight courier
servi ce with tracking capabilities, upon receipt; and, (iii) if sent by electronic mail (without indication of
delivery failure), at such time as the party that sent the notice receives confirmation of receipt, whether
by read-receipt confirmation or otherwise.
Governing Law
This Arrangement Letter, including, without limitation, its validity, interpretation, construction, and
enforceability, and any dispute, litigation, suit, action, claim, or other legal proceeding arising out of,
from, or relating in any wa y to this Arrangement Letter, any provisions herein, a report issued or the
services provided hereunder, will be governed and construed in accordance with the laws of the State of
California, without regard to its conflict of law principles, and applicable U.S. federal law.
Entire Agreement
This Arrangement Letter constitutes the complete and exclusive statement of agreement between
SingerLewak and the City, and supersedes all prior agreements, understandings, and proposals, whether
oral or written, relating to the subject matter of this Arrangement Letter.
If any term or provision of this Arrangement Letter is determined to be invalid or unenforceable, such
term or provision will be deemed stricken, and all other terms and provisions will remain in full force and
effect.
This Arrangement Letter may be amended or modified only by a written instrument executed by both
parties.
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Electronic Signatures and Counterparts
Each party hereto agrees that any electronic signature of a party to this A greement Letter or any
electronic signature to a document contemplated hereby (including any representation letter) is intended
to authenticate such writing and shall be as valid, and have the same force and effect, as a manual
signature. Any such electronically signed document shall be deemed (a) to be "written" or "in writing,"
(b) to have been signed and (c) to constitute a record established and maintained in the ordinary course
of business and an original written record when printed from electronic files . Each party hereto also
agrees that electronic delivery of a signature to any such document (via email or otherwise) shall be as
effective as manual delivery of a manual signature. For purposes hereof, “electronic signature” includes,
but is not limited to, (a) a scanned copy (as a "pdf" (portable document format) or other replicating
image) of a manual ink signature, (b) an electronic copy of a traditional signature affixed to a document,
(c) a signature incorporated into a document utilizing touchscreen capabilities or (d) a digital signature.
This Arrangement Letter may be executed in one or more counterparts, each of which shall be considered
an original instrument, but all of which shall be considered one and the same agreement. Paper copies
or "printouts,” of such documents if introduced as evidence in any judicial, arbitral, mediation or
administrative proceeding, will be admissible as between the parties to the same extent and under the
same conditions as other original business records created and maintained in documentary form. Neither
party shall contest the admissibility of true and accurate copies of electronically signed documents on
the basis of the best evidence rule or as not satisfying the business records exception to the hearsay
rule.
Please sign and return a copy of this Arrangement Letter to indicate your acknowledgment of, and
agreement with, the arrangements for our audit of the financial statements , including our respective
responsibilities.
Acknowledgement and Acceptance
Each party acknowledges that it has read and agrees to all of the terms and conditions contained herein.
Each party and its signatory below represents that said signatory is a duly authorized representative of
such party and has the requisite power and authority to bind such party to the undertakings and
obligations contained herein.
AGREED TO AND ACKNOWLEDGED BY:
SingerLewak LLP
Orlando Torres, Engagement Partner
Confirmed on behalf of the City of La Quinta:
Date
Authorized Representative