COLANTUONO, HIGHSMITH & WHATELY, PC

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4, CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain Linder, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney infonned of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any represantation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement, 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director of Personnel, and anyone other persan(s) designated. by the City informed of significant events in the litigation, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date, Attorneys also agree to provide the following reports: a. 45 day initial evaluation of case and budget; and b. Pre -trial report 90 days before trial; 6. TERM The term of this Agreement shall confrence on the date first written above and terminate three (3) years from said commencement date, unless terminated earlier pursuant to Section 13 below. The term of this Agreement may be extended upon a writing executed by both . parties, including the City Manager and the City Attorney for the City. 7. INDEPENDENT CONTRACTORS It is annually 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. 1N511RRANCE Attorneys shall provide to the City Attorney 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 rolbse to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insuranco 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. 7. 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 arising oat of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of suoh information is reasonably understood to be confidential and/or proprietary, Attorneys agree that it shall not use or disoioso such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own 2 yy�� 25H-13