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<br />3.
<br />
<br />WORK PRODUCT
<br />
<br />Consultant shall deliver to City all work product which results from the services
<br />provided, Said work product shall be submitted in a hard copy and produced in a form
<br />compatible with City's computer system, as agreed between the Fire Chief and Consultant
<br />
<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 and computer
<br />programs, the Consultant agrees and shall ensure that all of Consultant's affected officers,
<br />employees, agents, contractors, and volunteer workers also agree that (a) such material may not
<br />be 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.
<br />
<br />TERM
<br />
<br />This Agreement shall commence on the date first written above and terminate on
<br />December 31, 2005, unless terminated earlier in accordance with Section 12, below, The term of
<br />this Agreement may be extended upon a writing executed by the Fire Chief and the City
<br />Attorney,
<br />
<br />5.
<br />
<br />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.
<br />
<br />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. Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
<br />owned, hired and non-owned automobiles,
<br />
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