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(9) CITY OF SANTA ANA
<br /> however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
<br /> standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
<br /> security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br /> applicable withholding taxes.
<br /> 5. OWNERSHIP OF MATERIALS
<br /> This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
<br /> sublicense any and all copyrights, designs, and other intellectual property embodied in plans,specifications,studies,
<br /> drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression,
<br /> including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
<br /> which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").
<br /> Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual
<br /> license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and
<br /> warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
<br /> representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City
<br /> shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not
<br /> within the purposes intended by this Agreement shall be at City's sole risk.
<br /> 6. INSURANCE
<br /> Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
<br /> to persons or damages to property which may arise from or in connection with the performance of the work
<br /> hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
<br /> MINIMUM SCOPE OF INSURANCE
<br /> Coverage shall be at least as broad as:
<br /> 1. Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an
<br /> "occurrence" basis, including products and completed operations, property damage, bodily injury and
<br /> personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000
<br /> aggregate.
<br /> 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has
<br /> no owned autos, hired, (Code 8)and non-owned autos (Code 9), with combined limit of$1,000,000.
<br /> 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's
<br /> Liability Insurance with limit of no less than $1,000,000 per accident, policy, employee for bodily injury
<br /> or disease.
<br /> 4. Professional Liability(Errors and Omissions) Insurance appropriate to the Consultant's profession,
<br /> with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.
<br /> Insurance requirements above can be met with primary and umbrella/excess insurance policies. If Consultant
<br /> maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled
<br /> to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in
<br /> excess of the specified minimum limits of insurance and coverage shall be available to City.
<br /> Other Insurance Provisions
<br /> The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br /> Additional Insured Status
<br /> City, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds
<br /> on the CGL and Automobile Liability policy(ies)with respect to liability arising out of work or operations performed
<br /> by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or
<br /> operations.
<br /> City 9fibiaPPA99il RFP No. 24007 73 7/�96;0,iAf 38
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