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d. City agrees to reimburse Attorneys for out -of- pocket expenses, including but not <br />limited to, mileage, expert witness fees, copying costs, service of process, and mail services <br />authorized by the City Attorney in connection with the performance of duties under this Agreement, <br />Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 <br />require City Attorney approval prior to incurring the expense. All expenses must have supporting <br />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 <br />with supporting documentation (i.e. receipts, invoices, copy of check, etc). <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 />nmder, and subject to the control and direction of said City Attorney at all stages, and that they shall <br />at all tines keep the City Attorney informed of all matters pertaining thereto. City will keep <br />Attorneys informed of all significant developments in matters relating to any representation <br />undertaken by Attorneys, Attorneys further agree, if and when their retention hereunder is <br />tenminated by City, as hereinafter specified, they shall return to City Attorney any and all files then <br />in their possession concerning each and every matter or proceeding in which they represented the <br />City pursuant to this Agreement. <br />5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director of <br />Personnel, and any other person(s) designated by the City Attorney, informed of significant events <br />in the Actions, including but not limited to trial date, filing of motions for summary judgment, <br />hearing date for motion for summary judgment, settlement conference date, and mediation date. <br />Attorneys also agree to provide 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 the date first written above and <br />terminate on May 30, 2018, unless terminated earlier pursuant to Section 15 below, The term of <br />this Agreement may be extended upon a writing executed by both parties, including the City <br />Manager and the City Attorney for the City. <br />7. INDEPENDENT CONTRACTORS It is tmutually 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 offices or employees of City. <br />25A -4 <br />