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completion of each service and upon billing by the BUILDING <br />COMMISSIONER setting forth the time, expense, and supplies furnished. <br />(c) Other than the retaining fee, fee for services and PERS contribution stated above, <br />BUILDING COMMISSIONER shall not receive any other wages or benefits from <br />the CITY pursuant to this Agreement. <br />SECTION 3. DOCUMENTS. <br />3.1 All building department files, plans, applications, proposals, however described, <br />as presented to, reviewed or created by BUILDING COMMISSIONER in the performance of <br />services under this Agreement are and shall remain property of the CITY, subject to public <br />record laws, and BUILDING COMMISSIONER shall acquire not right or interest in same. The <br />CITY shall provide BUILDING COMMISSIONER with access to and staffing for record <br />maintenance. <br />SECTION 4. TERM OF APPOINTMENT AND AGREEMENT; AUTHORITY OF DIRECTOR <br />OVER BUILDING DIVISION. <br />4.1 The term of the Agreement shall be for three (3) years effective on the date the <br />Agreement is signed by the CITY and the BUILDING COMMISSIONER. <br />4.2 The parties recognize, acknowledge and agree that, under Chapter 179 of the North <br />Olmsted Codified Ordinances, the Director of Planning and Development supervises the Division <br />of Building. Therefore, the Director of Planning and Development shall be consulted with and <br />shall have the authority to approve or disapprove all employees, contractors, representatives and <br />other agents that the BUILDING COMMISSIONER utilizes for CITY basic or additional <br />services. <br />4.3 This Agreement is non-exclusive to the extent that nothing herein shall be <br />construed to prevent the CITY from engaging other contractors, consultants or employees, <br />including building inspectors or examiners, for specific projects during the term of this Agreement. <br />4.4 In consideration of the BUILDING COMMISSIONER'S performance of <br />governmental functions, acting in the capacity of Building Commissioner, Master Plans <br />Examiner, and otherwise acting within the scope of employment as the City's public official and <br />agent, and not as an independent contractor, the City shall consider the BUILDING <br />