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connection with the performance of duties under this Agreement. In-house printing, copying, and <br />reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile travel will be <br />reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. <br />Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses <br />must have supporting documentation submitted with the invoice. <br />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 fees <br />incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work <br />being performed. At Attorneys' discretion, they may choose to defer payment. Notwithstanding this, <br />City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. <br />Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written <br />demand, but shall simply be a written reflection of work performed and fees incurred. <br />4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding <br />in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject <br />to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City <br />Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant <br />developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, <br />if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to <br />City Attorney any and all files then in their possession concerning each and every matter or proceeding in <br />which they represented the City pursuant to this Agreement. Nothing in this Agreement shall compromise <br />the independent legal judgment of Attorneys and Attorneys reserve the right to withdraw as counsel for <br />City if irreconcilable differences arise regarding the provision of legal services by Attorneys to the City. <br />5. TERM The term of this Agreement shall commence on the date first written above for a one (1) <br />year term, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be <br />extended for up to one (1) year upon a writing executed by both parties, including the City Manager and <br />the City Attorney. <br />6. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the <br />performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not <br />officers or employees of City. <br />7. 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 claim, <br />and maintain such insurance throughout the tern 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 with <br />required proof that insurance has been procured and is in force and paid for, the City shall have the <br />right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect <br />Attorneys' right to be paid for its time and materials expended prior to notification of termination. <br />9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its <br />officers, agents, employees, and representatives from liability for personal injury, damages, restitution, <br />judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or <br />conduct related to this Agreement. <br />