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In regard to all copyrightable material produced as a deliverable under this Agreement,
<br />including but not limited to books, reports, plans, photographs, drawings, films, recordings,
<br />videotapes, and computer programs, Consultant agrees, for itself and its affected officers,
<br />employees, agents, contractors, and volunteer workers, that (a) other such material may not be
<br />copyrighted without prior review from the City, and (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 on
<br />December 31, 2007, unless terminated earlier in accordance with Section 13, below. The term of
<br />this Agreement may be extended upon a writing executed by the Executive Director of Public
<br />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 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 />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 />a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
<br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self - insurance. Prior to commencing the
<br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />b. Professional liability (errors and omissions) insurance, with a combined single limit of
<br />not less than $1,000,000 per claim.
<br />c. The following requirements apply to the insurance to be provided by Consultant
<br />pursuant to this section:
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