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2. COMPENSATION <br />The City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />a fee of $50,000.00. <br />3. DELIVERY OF WORK PRODUCT <br />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 />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, aroyalty-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 />September 30, 2009 unless terminated earlier in accordance with Section 13, below. The term of <br />this Agreement maybe extended upon a writing executed by the Executive Director of the Public <br />Works Agency 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 />250-9 <br />