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<br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />December 31,2006, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of Public <br />Works Agency and the City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br /> <br />5. DELIVERY OF WORK PRODUCT <br /> <br />Consultant shall deliver to City all work-product which results from the services <br />provided. Said work product shall be submitted in a hard copy and produced in a form <br />compatible with City's computer system, as agreed between the Project Manager and Consultant. <br /> <br />In regard to any copyrightable material produced as a deliverable under this Agreement, <br />including but not limited to books, reports, plans, drawings, recordings, videotapes, and <br />computer program produced as part or result of this project, the Consultant agrees for itself and <br />all of Consultant's affected officers, employees, agents, contractors, and volunteer workers, that <br />(a) other such material may not be copyrighted without prior review from the City; and (b) the <br />authors of all such material, whether copyrighted or not, award to the City, and to its officers, <br />agents and employees acting within the scope of their official duties, as a condition of payment <br />to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for <br />governmental purposes to disclose, pubEsh, translate, reproduce, and use such materials. <br /> <br />6. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br /> <br />2 <br />