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C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not <br />limited to, copying costs, service of process, and mail services authorized by the Executive Director <br />of Human Resources in connection with the performance of duties under this Agreement. In-house <br />printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Any <br />costs in excess of $5,000 requires the approval of the Executive Director of Human Resources prior <br />to incurring the expense. All expenses must have supporting documentation submitted with the <br />invoice. <br />d. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by the City. <br />3. CONTROL OF LEGAL MATTERS <br />Attorneys agree that each and every matter or proceeding in Which they undertake to assist <br />the City, as aforesaid, shall be and remain under, and subject to the control and direction of said <br />City at all stages, and that they shall at all times keep the Executive Director of Human Resources <br />and the City Attorney informed of all matters pertaining thereto. City will keep Attorneys <br />informed of all significant developments in matters related to any representation undertaken by <br />Attorneys. <br />Attorneys further agree, if and when their employment hereunder is terminated by City, as <br />hereinafter specified, they shall return to the Executive Director of Human Resources and/or the <br />City Attorney any and all files then in their possession concerning each and every matter or <br />proceeding in which they represented the City pursuant to this Agreement. <br />4. TERM <br />This Agreement shall commence on January 1, 2019 and terminate on December 31, 2019, <br />unless terminated earlier pursuant to Section 13, below. The term of this Agreement may be <br />extended upon a writing executed by the City Manager and the City Attorney for up to one (1) <br />year. <br />5. INDEPENDENT CONTRACTOR <br />Attorneys shall, during the entire tern of this Agreement, be construed to be independent <br />contractors and not an employee of the City. This Agreement is not intended nor shall it be <br />construed to create an employer-employee relationship, a joint venture relationship, or to allow the <br />City to exercise discretion or control over the professional manner in which Attorneys perform the <br />services which are the subject matter of this Agreement; however, the services to be provided by <br />Attorneys shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Attorneys shall pay all salaries and wages, employer's social security <br />taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible <br />for all applicable withholding taxes. <br />26-F-4 <br />