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<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 />
<br />In regard to any 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 by 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, 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 />September 30, 2007, unless terminated earlier in accordance with Section 13, below. The parties
<br />acknowledge that services provided on or after October I, 2006 shall be included within the
<br />Scope of Services of this Agreement. The term of this Agreement may be extended upon a
<br />writing executed by the Executive Director of the Agency and the Agency General Counsel.
<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 subcontractors, if any, to obtain and maintain insurance as
<br />described below:
<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 />performance of the work under this Agreement, Consultant agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />
<br />7. INDEMNIFICATION
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