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fees incurred for work performed by Company on its behalf are due and owing within forty-five
<br />(45) clays.
<br />4. CONTROL OF LEGA q MAwLL__ 1;iERa Company agrees that each and every matter or
<br />proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain
<br />under, and subject to the control and direction of said City Attorney at all stages, and that they shall
<br />at all tines keep the City Attorney informed of all matters and especially of significant developments
<br />in the matters undertaken by Company and/or its employees, Company further agrees, if and when.
<br />its retention hereunder is terminated by City, as hercitafler specified, the Company and/or its
<br />employees shall return to City Attorney any and all tiles in their possession concerning each and every
<br />matter or proceeding in which they represented the City pursuant to this Agreement.
<br />5. "PERM The term of this Agreement shall cornmence on the date first written above and
<br />continue for an one (1) year period, unless terminated earlier pursuant to Section 15 below. The term
<br />of this Agreement may be extended for up to one (1) year upon a writing executed by both parties,
<br />including the City Manager and the City Attorney.
<br />G. INDEPEND] <NT CON'CItACT_ U It is mutually agreed by and between the parties that,
<br />in the performance of their covenants hereunder, Company is and shall be independent contractors,
<br />and not officers or employees of City.
<br />7. iNSLtRANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not be
<br />limited to protection against claims arising front bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act
<br />or occurrence arising out of Consultant's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vebicles. The amounts of
<br />insurance shall be not less Unan the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />and representatives as additional insured(s); (b) be primary and not contributory
<br />with respect to insurance or self-insurance programs maintained by the City; and
<br />(c) contain standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 per occurrence, Such insurance shall include
<br />coverage for owned, hired and anon -owned automobiles.
<br />c. Worker's Compensation Insurance, In accordance with the provisions of Section
<br />3700 of the Labor Code, Consultant, if Consultant has any employees, is required
<br />to be insured against liability for worker's compensation or to undertake self-
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