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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 <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 Attorneys 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 Attomeys-aforesaid,-sem -tea 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 temunated 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 REOUIREMENTS Attorneys agree to keep the City Attorney, and any other <br />person(s) designated by the City Attorney, informed of significant events in the Actions, including, <br />but not limited to, trial date, filing of motions for summary judgment, hearing date for motion for <br />summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide <br />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 the date first written above and <br />terminate on December 20, 2019, unless terminated earlier pursuant to Section 16 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 />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 famish <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 />7 <br />