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25A - AGMT - LEGAL SRVS
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25A - AGMT - LEGAL SRVS
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3/28/2019 2:38:28 PM
Creation date
3/28/2019 2:36:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
25A
Date
4/2/2019
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 <br />fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of <br />the work being performed. At Attorneys' discretion, they may choose to defer payment. <br />Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand <br />by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by <br />Attorneys shall not constitute written demand, but shall simply be a written reflection of work <br />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 the Actions, including <br />but not limited to trial date, filing of motions for summary judgment, hearing date for motion for <br />simimary 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 July 1, 2019 and terminate on June <br />30, 2020, unless terminated earlier pursuant to Section 15 below. <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 $500,000 per claim, <br />and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to <br />produce and maintain the insurance required by this section, or fail or refuse to furnish the City <br />with required proof that insurance has been procured and is in force and paid for, the City shall <br />have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall <br />not affect Attorneys' right to be paid for its time and materials expended prior to notification of <br />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 />25A-4 <br />
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