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<br />3. DELIVERY OF WORK PRODUCT I~Grt0~'=- c+=: ~lva <br /> <br />~ ~. '6.:IN1Ga- <br />Consultant shall deliver to City any ~f~;orlnrl :/tich results from the services <br />provided. Said1"ork pr.eGlllOt shall be submitted in hard copy and produced in a form compatible <br />with City's coI\:!.P.uter system, as a!\!"eed between the Deputy City Manager and Consultant. <br />1"'~1\101l1~ et'" ~I<-a cav~iM.lflo:, <br /> <br />In regard to all copyrightable material uced as a deliverable under this Agreement, <br />including but not limited to books. reports. p s, photographs, drawings, films, recordings, <br />videotapes, and computer programs, Consult t agrees, for itself and its affected officers, <br />employees, agents. ~8f1tFllCttJfS, and , 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, agent8 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 /> <br />4. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2009, unless terminated earlier in accordance with Section 13, below. The term of <br />this Agreement may be extended upon a writing executed by the Deputy City Manager for <br />Development Services and the City Attorney. <br /> <br />5. INDEPENDENT CONTRACTOR <br /> <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 /> <br />6. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its-SUBCOlilluclo,s, if any, to obtain and maintain insurance as <br />described below: ~~ <br /> <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 /> <br />2 <br /> <br />~~ <br />~dY <br /> <br />~ <br />(flY <br /> <br />,~ <br />