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a. Consultant shall deliver to City any work product which results from the services
<br />provided. Said work product shall be submitted in hard copy and produced in a form compatible
<br />with City's computer system, as agreed between the Project Manager and Consultant.
<br />b. In regard to all copyrightable material produced as a deliverable under this
<br />Agreement, including but not limited to books, reports, plans, photographs, drawings, films,
<br />recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected
<br />officers, employees, agents, contractors, and volunteer workers, that (a) other such material may
<br />not be copyrighted without prior review from the City, and (b) the authors of all such material,
<br />whether copyrighted or not, award to the City, and to its officers, agents and employees acting
<br />within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-
<br />free, nonexclusive, irrevocable license throughout the world for governmental purposes to
<br />disclose, publish, translate, reproduce, and use such materials.
<br />c. Any publications (including books, brochures, films, videotapes and other materials
<br />designed for public distribution) resulting from the project shall contain the following statement:
<br />"The activity which is the subject of this (type of publication) has been financed in part with City
<br />funds. However, the contents and opinions do not necessarily reflect the views or policies of the
<br />City, nor does mention of trade names or commercial products constitute endorsement or
<br />recommendation by the City."
<br />4. TERM
<br />This Agreement shall commence on the date first written above and terminate on June 30,
<br />2008, unless terminated earlier in accordance with Section 13, below. The term of this
<br />Agreement maybe extended upon a writing executed by the Santa Ana Deputy City Manager for
<br />Development Services and the Santa Ana 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 anemployer-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:
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