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under, and subject to the control and direction of said City Attorney at all stages, and that they shall
<br />at all times keep the City Attorney informed of all matters pertaining thereto, City will keep Attorneys
<br />informed of all significant developments in matters relating to any representation undertaken by
<br />Attorneys, Attorneys further agree, if and when their retention hereunder is terminated by City, as
<br />hereinafter specified, they shall return to City Attorney any and all files then in their possession
<br />concerning each and every matter or proceeding in which they represented the City pursuant to this
<br />Agreement.
<br />5, REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director of
<br />Personnel, and any other person(s) designated by the City Attorney, informed of significant events in
<br />the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing
<br />date for motion for summary judgment, settlement conference date, and mediation date. Attorneys
<br />also agree to provide the following reports;
<br />a. 45 day initial evaluation of case and budget; and
<br />b. Pre-trial report 90 days before trial;
<br />6. TERM The term of this Agreement shall commence on July 1, 2018 and terminate on Ame
<br />30, 2021, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may
<br />be extended upon a writing executed by both parties, including the City Manager and the City
<br />Attorney for the City.
<br />7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that,
<br />in the performance of their covenants hereunder, Attorneys are and shall be independent contractors,
<br />and not officers or employees of City,
<br />8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability
<br />(errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per
<br />claim, and maintain such insurance throughout the term of this Agreement, If Attorneys fail or
<br />refuse to produce and maintain the insurance required by this section, or fail or refuse to furnish
<br />the City with required proof that insurance has been procured and is in force and paid for, the City
<br />shall have the right, at the City's election, to forthwith terminate this Agreement, Such termination
<br />shall not affect Attorneys' right to be paid for its time and materials expended prior to notification
<br />of termination.
<br />9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City,
<br />its officers, agents, employees, and representatives from liability for personal injury, damages,
<br />restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful
<br />performance or conduct related to this Agreement.
<br />10, CONFIDENTIALITY If Attorneys receive from the City information, which due to the
<br />nature of such information is reasonably understood to be confidential and/or proprietary,
<br />Attorneys agree that it shall not use or disclose such information except in the performance of this
<br />Agreement, and further agree to exercise the same degree of care it uses to protect its own
<br />information of like importance, but in no event less than reasonable care, "Confidential
<br />Information" shall include all nonpublic information, Confidential information includes not only
<br />written information, but also information transferred orally, visually, electronically, or by other
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