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3. TERM
<br />This Agreement shall commence on the date first written above and terminate on
<br />delivery, and acceptance by City, of the Hazardous Materials Emergency Response Area Plan,
<br />unless terminated earlier in accordance with Section 12, below.
<br />4. DELIVERY OF WORK PRODUCT
<br />Consultant shall deliver to City all work product arising from the services provided. Said
<br />work product shall be submitted in a hard copy and produced in a form compatible with City's
<br />computer system, as agreed between the Project Manager and Consultant.
<br />In regard to copyrightable material produced as a deliverable under the Agreement,
<br />including but not limited to books, reports, plans, photographs, drawings, films, recordings,
<br />videotapes, and computer programs, the Consultant agrees and shall ensure that all of
<br />Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that
<br />(a) other such material may not be copyrighted without prior review by the City: (b) the authors
<br />of all such material, whether copyrighted or not, award to the City, and to its officers, agents and
<br />employees acting within the scope of their official duties, as a condition of payment to the
<br />Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for
<br />governmental purposes to disclose, publish, translate, reproduce, and use such materials.
<br />5. 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, 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 />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 />a. Due to the nature of the services provided, Commercial General Liability insurance is
<br />not required.
<br />b. 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.
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