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respect to any lawsuit filed against City of any officer or employee thereof, for money or <br /> damages <br /> 3 3 Indemnity F&W shall defend, indemnify and hold harmless City, and its elected <br /> officials, officers and employees from and against any and all losses, claims, liabilities, expenses, <br /> or demands arising out of any negligent act of omission, or willful misconduct, of F&W in <br /> connection with the performance of its Services pursuant to this Agreement <br /> 34 Time of Performance The services of F&W shall be performed expeditiously in <br /> the time frames and as directed by City <br /> 35 Assistance City agrees to provide all information and documents necessary for <br /> the attorneys at F&W to perform its obligations undei this Agreement <br /> 36 Increases of Decrease in Compensation F&W or the City may initiate <br /> consideration of a rate increase of decrease Such a rate increase or decrease may be approved or <br /> denied by the City or F&W, respectfully, in their sole and absolute discretion Such rate increase <br /> of decrease shall be evidenced by an execution of an amendment to this Agreement <br /> 37 Independent Contractor F&W shall perform all legal services required under this <br /> Agreement as an independent contractor to City and shall remain, at all times as to City, a wholly <br /> independent contractor with only such obligations as are required under this Agreement Neithet <br /> City, nor any of its employees, shall have any control over the manner, mode or means by which <br /> F&W, its agents or employees, render the legal services required under this Agreement, except <br /> as otherwise set forth City shall have no voice in the selection, discharge, supervision or control <br /> of F&W's employees, representatives or agents, or in fixing their number, compensation, or <br /> hours of service <br /> 38 Compensation For performance of the legal Services set forth above, City shall <br /> pay F&W the hourly billing rate of Two Hundred Eighty Dollars ($2$0), provided however, for <br /> Services performed on or after July 1, 2017, such houily billing rate shall be increased to Three <br /> Hundred Ten Dollars ($310)per hour <br /> 3 8 1 Billinz F&W shall submit monthly to City a detailed statement of <br /> account for its Services City shall review F&W's monthly statements and pay F&W for <br /> Services rendered and costs incurred, as provided for in this Agreement, on a monthly basis <br /> 39 Insurance F&W shall carry errors and omissions insurance as requited by the <br /> State of California <br /> 310 Termination of Agreement and Legal Services This Agreement and the Services <br /> to be rendered under it may be terminated at any time upon ten (10) days prior written notice <br /> from either Party, with of without cause In the event of such termination, F&W shall be paid for <br /> all Services authorized by City and performed up through and including the effective date of <br /> termination <br /> 311 Entire Agreement This Agreement contains the entire agreement of the Parties <br /> with respect to the subject matter hereof, and supersedes all prior negotiations, understandings of <br /> agreements <br /> 2 <br /> 1\ca\dim\Agreements\Attorney Agreements\FaarAy Watt Legal Services Agrecment.doc <br />