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<br />Apr 06 2007 10:27AM Santa Ana Fire Department 714-647-5751 <br /> <br />p.3 <br /> <br />~ <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />completion of the exercise, unless terminated ellJlier in accordance with Section 13, below. <br /> <br />4. DELIVERY Oil WORK PRODUCT <br /> <br />Consultant shall deliver to City a.11 work product arising from the services provided. Said <br />work product shall be submitted in a hard copy and produced in a fonn compatible with City's <br />computer system, as agreed between the Project Manager and Consultant. <br /> <br />10 ~ to copyrightable material produced lIS a deliverable under the Agreement, <br />including but not limited to books, reports, plans, photographs, drawings, films, recordings, <br />videotapes, and computer programs, the Consul1ant agrees for itself and its affected officers, <br />employees, agents, contractors, and volunteer workers agree that (a) other s\lCh material may not <br />be copyrighted without prior review by the City, and (b) the authors of all such matcrial, whether <br />copyrighted or not, award to the City, and to its officers, agents and employees acting within the <br />scope of their offioial 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 />5. INDEPENDENT CONTRACTOR <br /> <br />'..-/ <br /> <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee oftbc 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 disorclion or control over the profC9sional manner in which <br />Consultant performs the servioes which are the subject matter of this Agreement; however, the <br />services to be provided by Consul1ant shall be provided in a manner consistent with aU <br />, applicable standards and regulations governing such services. CoD.SJJItant 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 UDder this Agreement, Consultant shall <br />maintain and shall require i18 subcontractors, if any, to obtain e.nd maintain insurance as <br />dc:scribed below: <br /> <br />.~ <br />