MUSIL, JOSEPH J. - Laserfiche WebLink

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3. TERM This Agreement shall commence on the date first written above and terminate upon the deliver of the written report as set forth in Exhibit A to this Agreement. 4. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to any and all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty- free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. Any publications (including books, brochures, films, videotapes and other materials designed for public distribution) resulting from the project shall contain the following statement: "The activity which is the subject of this (type of publication) has been financed in part with City funds. However, the contents and opinions do not necessarily reflect the views or policies of the City, nor does mention of trade names or commercial products constitute endorsement or recommendation by the City." 5. INSPECTION Unless otherwise stipulated, goods purchased will be inspected at the City's specified receiving points and there accepted or rejected. The expense of subsequent tests due to failure or goods first offered will be charged against the Consultant. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term ofthis Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 2