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<br />to the degree of responsibility involved and the experience level of the personnel assigned to <br />your audit. The Auditor anticipates that work will begin in the July preceding each fiscal year <br />audited and invoices will be provided monthly as work is complete. <br /> <br />In accordance with the Auditor's policies, work may be suspended if the account becomes 30 <br />days or more overdue and may not be resumed until the account is paid in full. If they elect to <br />terminate their services for nonpayment, the City will be obligated to compensate them for all <br />time expended and to reimburse them for all out-of-pocket costs through the date of termination. <br />The above fee is based on anticipated cooperation from management personnel and the <br />assumption that unexpected circumstances will not be encountered during the audit. If <br />significant additional time is necessary, the Auditor will discuss it with management and arrive <br />at a new fee estimate before they incur the additional costs. <br /> <br />These fees will be invoiced on an interim basis during the progress of our engagement. Invoices <br />are due within ten (10) days of the invoice date. Any remaining balance is due upon delivery of <br />the final product. Any subsequent discussions, conferences, telephone conversations, <br />correspondence or related services will be invoiced separately. <br /> <br />In the event the Auditor is requested or authorized by the City or are required by government <br />regulation, subpoena, or other legal process to produce their documents or their personnel as <br />witnesses with respect to their engagements for the City, the City will, so long as they are not a <br />party to the proceeding in which the information is sought, reimburse them for their professional <br />time and expenses, as well as the fees and expenses of their counsel, incurred in responding to <br />such requests. <br /> <br />A service charge of 1.5 percent per month will be assessed on any invoice not paid within thirty <br />(30) days of the invoice date. The Auditor reserves the right to halt further services until <br />payment on past due invoices is received. In the event that collection procedures are required, <br />the City agrees to pay all expenses of collection, including collection efforts by the Auditor's <br />staff, which will be billed at their standard hourly rates, and all attorney's fees and costs actually <br />incurred by the Auditor in connection with such collection, whether or not suit is filed thereon. <br /> <br />This agreement will be interpreted in accordance with Florida law and the terms and conditions <br />as required by the Florida Board of Accountancy, where applicable. <br /> <br />Parties to this engagement agree that any dispute that may arise regarding the meaning, <br />performance, or enforcement of this engagement will, prior to resorting to litigation, be <br />submitted to mediation upon the written request of any party to the engagement. In the event <br />that the parties cannot agree to a mediator, each will choose one and the two will choose a third, <br />who will serve as sole mediator. The results of this mediation shall be binding only upon <br />agreement of each party to be bound. Costs of any mediation proceeding shall be shared <br />equally by both parties. <br /> <br />The terms and conditions set out in this engagement letter constitute the entire agreement <br />between the parties and supersede any verbal or written agreements concerning the above- <br />referenced services. If the services and terms outlined above are in accordance with the City's <br /> <br />6 <br />