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4. CONTROL OF LEGAL MATICRS 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 <br />shall 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 <br />then in their possession concerning cacti and every matter or proceeding in which they <br />represented the City pursuant to this Agreement. <br />5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director <br />of Personnel, and any other person(s) designated by the City Attorney, informed of significant <br />events in the Actions, including but not limited to trial date, filing of motions for surnmary <br />judgment, hearing date for motion for summary judgment, settlement conference date, and <br />mediation date. 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 tcnn of this Agreement shall commence on the date first written above and <br />terminate .one (1) ycar.,from said commencement date, unless terminated earlier pursuant to <br />Section 1.5 below. The term of this Agreement may be extended upon a writing executed by <br />both 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 <br />that, in the performance of their covenants hereunder, Attorneys are and shall be independent <br />contractors, and not officers or employees of City. <br />8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional <br />Liability (errs; 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 <br />or 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 All information and documents shared with Attorneys as well as <br />all work performed by Attorneys in connection with this Agreement should be treated as strictly <br />confidential. Moreover, all communications between Attorneys and City shall be treated as <br />protected by the attorney-client privilege and the attorney work product doctrine. Accordingly, <br />2 <br />