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<br />In regard to any copyrightable material produced as a deliverable under thise Agreement,
<br />including but not limited to books, reports, plans, photographs and drawings, the Consultant
<br />understands and shall ensure that all of Consultant's affected officers, employees, agents,
<br />contractors, and volunteer workers also understand that (a) other such material may not be
<br />copyrighted without prior review from the City: (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.
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<br />4. TERM
<br />
<br />This Agreement shall commence on the date first written above and terminate upon
<br />expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below.
<br />
<br />5. INDEPENDENT CONTRACTOR
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<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 subcontractors, if any, to obtain and maintain insurance as
<br />described below:
<br />
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to protection against
<br />claims arising from bodily and personal injury, including death resulting therefrom and damage
<br />to property, resulting from any act or occurrence arising out of Consultant's operations in the
<br />performance of this Agreement, including without limitation, acts involving vehicles. The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property damage, in the total
<br />amount of$I,OOO,OOO per occurrence. Consultant shall supply City with a fully executed
<br />additional insured endorsement in substantially the form attached hereto as Exhibit B upon
<br />execution of this Agreement and shall be approved in form by the City Attorney.
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