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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 <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 />tenninated 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 <br />of Personnel, and anyone other person(s) designated by the City informed of significant events in <br />the litigation, including but not limited to trial date, filing of motions for summary judgment, <br />hearing date for motion for surnmary 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 team of this Agreement shall commence on the date first written above and <br />terminate three (3) years from- said commencement date, unless terminated earlier pursuant to <br />Section 13 below. The term of this Agreement may be extended upon a writing; executed by both <br />parties, including the City Manager and the City Attorney for the City. <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 />8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional <br />Liability (errors and omissions) insurance, with a combined single limit of not less than. <br />:1,000,000 per claim, and maintain such insurance throughout the terra of this Agreement. If <br />Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or <br />refuse to furnish the City with required proof that insurance has been procured and is in force <br />and. paid for, the City shall Have the right, at the City's election, to forthwith terminate this <br />Agreement. Such termination shall not affect Attorneys' right to be paid for its time and <br />materials expended prior to notification of termination. <br />i. INDEMNIFICATION Attorneys agree to and shall indemnify and hold barmless the <br />City, its officers, agents, employees, and representatives from liability for personal injury, <br />damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful <br />performance or conduct of this Agreement. <br />8. CONFIDENTIALITY If Attorneys receive; from the City information, which due to the <br />nature of such information is reasonably understood to be confidential and /or proprietary, <br />Attorneys agree that it shall not use or disclose such information except in the performance of <br />this Agreement, and further agree to exercise the same degree of care it uses to protect its own <br />