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<br />...s: / ¿f'-s- <br /> <br />performance thereof by City's Council by motion duly made and carried. Such task <br />order shall include a description of the services to be performed thereunder, the <br />maximum compensation and reimbursement of costs and expenses payable therefor, <br />the time of performance thereof, and such other matters as the parties deem <br />appropriate for the accomplishment of such services. Except to the extent modified by a <br />task order, all other terms and conditions of this agreement shall be deemed <br />incorporated in each such task order. <br />4. ASSIGNABILITY. Neither Auditor nor City shall subcontract, assign, sell, <br />mortgage, hypothecate or otherwise transfer their respective interests or obligations in <br />this agreement without the express prior written consent of the non-transferring party. <br />5. SCHEDULE: TIME OF COMPLETION. Within ten (10) days of written notice <br />to proceed given by City to Auditor, Auditor shall commence performance of services <br />hereunder in accordance with the schedule ("Audit Schedule") which is attached hereto <br />as Exhibit "A," and made a part hereof. Notwithstanding the foregoing, City may grant <br />reasonable extensions of time for the performance of services hereunder occasioned by <br />unavoidable delays, circumstances or events beyond the reasonable control of the <br />Auditor. If during any audit performed hereunder, Auditor becomes aware of any <br />sign ¡ficant deficiencies in the design or operation of the internal financial control <br />structure of the City, Auditor shall communicate such conditions and/or managerial <br />opinions with recommendations to City in a management letter separate from Auditor's <br />audit report. <br />6. STATUS. In the performance of services hereunder, Auditor shall be, and is, <br />an independent contractor, and shall not be deemed to be an employee or agent of City. <br />7. TERM. The term of this agreement shall be three (3) years, covering fiscal <br />years (July 1 - June 30) 2003 through 2005, with an option to renew exercisable by City <br />for fiscal years 2006, 2007 and 2008, unless earlier terminated as provided below. <br />8. DOCUMENTS. All reports and written materials prepared for and transmitted <br />to City, including written opinions regarding City's financial statements and the <br />Management Letter referred to in Exhibit "A," shall be and are the property of City. <br />Auditor may retain a copy of these materials in its files. <br /> <br />F:AttyAgr/Agr.105 <br />031703 <br /> <br />2 <br />