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compatible with City's computer system as agreed between the Project Manager and
<br />Consultant.
<br />In regard to copyrightable material produced as a deliverable under this
<br />Agreement, including but not limited to books, reports, plans, photographs, drawings,
<br />films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its
<br />affected officers, employees, agents, contractors, and volunteer workers, that (a) other
<br />such material may not be copyrighted without prior review of the City, and (b) the
<br />authors of all such material, whether copyrighted or not, award to the City, and to its
<br />officers, agents and employees acting within the scope of their official duties, as a
<br />condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license
<br />throughout the world for governmental purposes to disclose, publish, translate, reproduce,
<br />and use such materials.
<br />4. TERM
<br />This Agreement shall commence on the date first written above and terminate on
<br />December 31, 2008, unless terminated earlier in accordance with Section 13, below. The
<br />term of this Agreement may be extended upon a writing executed by the Executive
<br />Director of Public Works and the City Attorney.
<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
<br />nor shall it be construed to create an employer- employee relationship, a joint venture
<br />relationship, or to allow the City to exercise discretion or control over the professional
<br />manner in which Consultant performs the services which are the subject matter of this
<br />Agreement; however, the services to be provided by Consultant shall be provided in a
<br />manner consistent with all applicable standards and regulations governing such services.
<br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment
<br />insurance and similar taxes relating to employees and shall be responsible for all applicable
<br />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 />Due to the nature of services provided, insurance is not required.
<br />7. INDEMNIFICATION
<br />Consultant agrees to and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, consultants, special counsel, and representatives from liability: (1) for
<br />
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