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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 />REPORTING REQUIREMENTS <br />a. Attorneys agree to keep the City Attorney, and any other person(s) designated by the <br />City Attorney, informed of significant events in the Actions, including but not limited to trial/hearing <br />date, party deposition dates, filing of motions for summary judgment or other significant motions, <br />hearing date for motion for summary judgment or other significant motions, settlement conference <br />date, and mediation date. <br />b. For litigated matters, Attorneys also agree to provide the following reports: <br />1) 45 day initial evaluation of case and budget; <br />2) Periodic status updates <br />3) Updates on significant occurrences. <br />C. For advisory matters, Attorneys shall provide periodic status updates not less than <br />every 30 days and more often if, in the Attorney's professional experience it is necessary. <br />6. TERM The term of this Agreement shall commence on the date first written above and <br />terminate on March 2, 2023, unless terminated earlier pursuant to Section 15 below. The term of this <br />Agreement may be extended for up to one (1) year upon a writing executed by both parties, including <br />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 />#29212A 2 5 G -4 <br />