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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, <br />or 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 <br />and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to employees and shall be responsible for all applicable withholding taxes. <br />OWNERSHIP OF MATERIALS <br />This Agreement creates a non - exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works <br />of authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared <br />or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). <br />Consultant shall require all subcontractors to agree in writing that City is granted a non- <br />exclusive and perpetual license for any Documents & Data the subcontractor prepares under <br />this Agreement. Consultant represents and warrants that Consultant has the legal right to <br />license any and all Documents & Data. Consultant makes no such representation and warranty <br />in regard to Documents & Data which were provided to Consultant by the City. City shall not be <br />limited in any way in its use of the Documents and Data at any time, provided that any such use <br />not within the purposes intended by this Agreement shall be at City's sole risk. Contractor will <br />not use any of the documents & data obtained in developing the website or the website itself for <br />advertising or promotional purposes without the City's written consent. <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 />Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not <br />be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any <br />act or occurrence arising out of Consultant's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting therefrom, and <br />property damage, in the total amount of $1,000,000 per occurrence, with <br />$2,000,000 in the aggregate. Consultant shall supply City with a fully executed <br />additional insured endorsement in substantially the form attached hereto as <br />