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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 />terminated 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 REOUIREMENTS 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 two (2) years from said commencement date, unless terminated earlier pursuant to Section <br />13 below. The term of this Agreement may be extended upon a writing executed by both parties, <br />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 term 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 />9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the <br />City, its officers, agents, employees, and representatives from liability for personal injury, <br />damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or <br />wrongful performance or conduct related to this Agreement. <br />10. 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 />information of like importance, but in no event less than reasonable care. "Confidential <br />Information" shall include all nonpublic information. Confidential information includes not only <br />written information, but also information transferred orally, visually, electronically, or by other <br />4 <br />