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3. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product resulting from the services provided. <br />City shall own all rights to said Work Product. <br />In regard to any copyrightable material produced as a deliverable under this Agreement, <br />including but not limited to books, reports, plans, photographs and drawings, the Consultant <br />understands and shall ensure that all of Consultant's affected officers, employees, agents, <br />contractors, and volunteer workers also understand that (a) other such material may not be <br />copyrighted without prior review from the City: (b) the authors of all such material, whether <br />copyrighted or not, award to the City, and to its officers, agents and employees acting within the <br />scope of their official duties, as a condition of payment to the Consultant, a royalty -free, <br />nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, <br />publish, translate, reproduce, and use such materials. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate upon <br />expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. <br />5. INDEPENDENT CONTRACTOR <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, ajoint 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 />6. INSURANCE <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 />