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3. TERM <br />This Agreement shall commonec on the date first written above for a one (1) year term. <br />unless terminated earlier in accordance with Section 15. below. <br />4. INDEPENDEN'r CONTRkCTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and riot an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an erriployer-employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />perform,, the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible far all applicable withholding taxes. <br />5. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and pCrpCU-ud license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, design,.;, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible racclium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant, <br />,shall require all subcontractors to agree in writing that City is granted a non-exclusive and <br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Consultant rcprQsonts and warrants that Consultant has the legal right to license any and all <br />Documents & Data. Consultant makes no Such representation and warranty in regard to <br />Documents &- Data which were provided to Consultant by the City. City shall not be limited in <br />any way in its use ofthe Documents and Data at any time, provided that any such use not within <br />the purposes intended by (his Agreement shall be at City's sole risk. <br />& INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />8. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance running the City, its orficers, employees, aaents, <br />volunteers and representatives as additional insurod(s) and shall include, but not be <br />limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to properly, resulting firom any act <br />or occurrence arisbio out of Consultant's operations in the performance of this <br />Agreement, including, Without limitation, acts involving vehicles. The amounts Of <br />insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal 'Itlitiry, including death resulting therefrom, and property <br />Page 2 of 8 <br />