25B - AGMT GAS TAX REFUNDING - Laserfiche WebLink

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EXHIBIT 3 acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 45 days of receipt of this statement. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City, as aforesaid, shall be and remain under, and subject to the control and direction of the assigned Assistant City Attorney and the Executive Director of the Finance and Management Services Agency at all stages, and that they shall at all times keep the City informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to the Assignment. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City any and all files then in their possession concerning the Assignment. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City, and any other person(s) designated by the City, informed of significant findings and at a minimum provide an update on the status of the Assignment every thirty (30) days. Attorneys also agree to provide the City Attorney's Office an audit report(s) upon completion of the Assignment. 6. TERM The term of this Agreement shall commence on the date first written above and terminate on June 30, 2020 unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and a Senior Assistant or Assistant City Attorney. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City 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 Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to famish 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. Such termination shall not affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney -client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. 25B-22