MCCLUNG, CHARLES E. 1 - Laserfiche WebLink

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3. . Ml? I QL) OF PAYMENT Attorney shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorney on its behalf are due and owing within 30 days of the work being performed. At Attorney's discretion, he may choose to defer payment.. Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorney for payment. Unless expressly stated thereon, monthly statements generated by Attorney shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. ' 4. CQNIM OF LLGAI MA"I rERS Attorney agree that each and every matter or proceeding in which he undertakes to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that lie shall at all times keep the City Attorney informed of all ratters pertaining thereto, City will keep Attorney informed of, all significant developments in matters relating to any representation undertaken by Attorney. Attorney further agrees, if and when his retention hereunder is terminated by City, as hereinafter specified, lie shall return to City Attorney any and all files then in his possession concerning each and every matter or proceeding in which he represented the City pursuant to this Agreement, 5. _REPORTING REOUIitTMLNTS Attorney agrees to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summaiy judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorney also agrees to provide the following reports: a. 45 day initial evaluation of case and budget; and b. Pro -trial report 90 days before trial; ---.T-ERM 'Elie term of this Agreement shall commence on the date first written above and terminate on Angust.16,.2019, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney. 7. DLPLNDENT CQNTRAC"I'QRS It is mutually agreed by and between the parties that, in the performance of his covenants hereunder, Attorney are and shall be independent contractors, and not officers or employees of City, & INSURANCE Attorney shall provide to the City Attorney proof of "Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorney fails or refuses to produce and. maintain the insurance required by this section, or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Stich termination shall not affect Attorney's right to be paid for its time and materials expended prior to notification of termination.