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3. The Attorney shall maintain professional liability insurance coverage at all times during its <br />representation of the City in the amount of $2,000,000 aggregate claims, and $2,000,000 individual <br />claims. <br />4. It is understood by the Attorney and the City that this contract shall run for two years after the <br />appointment of the Attorney, at which time it may only be renewed upon express agreement of the City <br />and the Attorney. Notwithstanding the intended term, it is expressly understood that the Attorney's <br />tenure as City Attorney is at the pleasure of the City Council and that the appointment of the City <br />Attorney may be terminated at any time with or without any cause. In the event of a termination for <br />other -than -cause prior to the two-year term, to the extent feasible, the City shall provide 60 days notice <br />of its intention to terminate or not renew this contract. <br />5. On or about December 31 of each year, for the duration of this Agreement, the City Attorney <br />and City Administrator may mutually evaluate the usage of legal services during the prior year of this <br />Agreement in order to evaluate usage of legal services during the prior year of the Agreement in order <br />to evaluate usage and identify areas where modification in the parties' relationship may be mutually <br />beneficial. <br />6. All data collected, created, received, maintained, or disseminated for any purposes by the <br />activities of the Attorney because of this Agreement and the resulting Attorney -Client relations is <br />governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as <br />amended, the Minnesota Rules implement such act now in force or as adopted, as well as federal <br />regulations on data privacy. This paragraph does not create a duty or any obligation on the part of the <br />Attorney to provide access to public data to the public for inspection or otherwise if the public data are <br />available from the City. <br />7. Any modification of the provisions of this Agreement shall be reduced to writing and signed by <br />the parties hereto. <br />OTHER <br />1. The City expressly reserves its right to hire independent counsel on matters it determines <br />requires an attorney with more expertise or expertise in a particular field. In such a <br />situation, the City shall remain responsible to the Attorney for the monthly fee provided <br />under this agreement along with any billings not related to the matter for which special <br />counsel was retained. The City shall only be responsible to the Attorney for extra expenses <br />in relation to the matter for which special counsel is retained if the City names the Attorney <br />as co -counsel in the matter or otherwise requests the Attorney's participation. <br />2. The effective date of this Agreement shall be November 1, 2021. <br />COMPENSATION AND EXPENSES <br />1. Payment under this contract shall be in the form of a single, monthly fee of four -thousand fifty <br />and no/00 ($4,050.00). That payment is intended to be for all of the foregoing services, including up to <br />10 hours of time billed on litigation matters, such as condemnation matters or arbitrations. This rate <br />Page 3 of 4 <br />