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01-13-2020 Council Packet
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01-13-2020 Council Packet
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December 11, 2019 <br />City of Little Canada <br />Page 8 <br /> <br />Our engagement and responsibility end on delivery of our signed report. Any additional services that might be <br />requested will be a separate, new engagement. The terms and conditions of that new engagement will be <br />governed by a new, specific engagement letter for that service. <br />Government Auditing Standards require that we make our most recent external peer review report publicly <br />available. The report is posted on our website at www.CLAconnect.com/Aboutus/. <br />Mediation <br />Any disagreement, controversy, or claim (“Dispute”) that may arise out of any aspect of our services or <br />relationship with you, including this engagement, shall be submitted to non‐binding mediation by written notice <br />(“Mediation Notice”) to the other party. In mediation, we will work with you to resolve any differences voluntarily <br />with the aid of an impartial mediator. <br />The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree <br />to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable <br />resolution of the Dispute. <br />Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally <br />by the parties. <br />Any Dispute will be governed by the laws of the state of Minnesota, without giving effect to choice of law <br />principles. <br />Time limitation <br />The nature of our services makes it difficult, with the passage of time, to gather and present evidence that fully <br />and fairly establishes the facts underlying any Dispute that may arise between the parties. The parties agree that, <br />notwithstanding any statute or law of limitations that might otherwise apply to a Dispute, including one arising <br />out of this agreement or the services performed under this agreement, for breach of contract or fiduciary duty, <br />tort, fraud, misrepresentation or any other cause of action or remedy, any action or legal proceeding by you <br />against us must be commenced within twenty‐four (24) months (“Limitation Period”) after the date when we <br />deliver our final audit report under this agreement to you, regardless of whether we do other services for you <br />relating to the audit report, or you shall be forever barred from commencing a lawsuit or obtaining any legal or <br />equitable relief or recovery. <br />The Limitation Period applies and begins to run even if you have not suffered any damage or loss, or have not <br />become aware of the existence or possible existence of a Dispute. <br />Fees <br />The fees for these services will be $20,000 (not including single audit), in accordance with our proposal dated <br />October 31, 2019. This fee also includes all out of pocket costs, such as report production, word processing, <br />postage, etc., and internal and administrative charges. The fee estimate is based on anticipated cooperation from <br />your personnel and their assistance with preparing confirmations and requested schedules. If the requested items <br />are not available on the dates required or are not accurate, the estimated fee for services will likely be higher. If <br />unexpected circumstances require significant additional time, we will advise you before undertaking work that <br />would require a substantial increase in the fee estimate. Our invoices for these fees will be rendered each month
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