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25B - AGMT LEGAL SVCS
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01/15/2019
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25B - AGMT LEGAL SVCS
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Last modified
1/10/2019 7:00:49 PM
Creation date
1/10/2019 6:57:26 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
25B
Date
1/15/2019
Destruction Year
2024
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3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the <br />services performed, dates and number of hours, and an itemization of expenses related thereto with <br />supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the j <br />fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of <br />the work being performed. Payment shall be made by City on all proper statements evidencing <br />acceptable work performed prior to the start date of this Agreement. At Attorneys' discretion, they <br />may choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within <br />30 days of written demand by Attomeys for payment. Unless expressly stated thereon, monthly <br />statements generated by Attorneys shall not constitute written demand, but shall simply be a <br />written reflection of work performed and fees incurred. <br />4. CONTROL OF LEGAL MATTERS Attorneys agree 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 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, and any other <br />person(s) designated by the City Attorney, informed of significant events in any actions for services <br />provided per Section 1, including, but not limited to: any hearing dates, scheduled depositions, filing <br />deadlines for motions for summary judgment, settlement conference dates, mediation dates, and trial <br />dates. <br />6. TERM The term of this Agreement shall commence on the date first written above and <br />terminate on January. 14, 2022, unless terminated earlier pursuant to Section 16 below. The term of <br />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 />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 />2 <br />25B-4 <br />
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