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(9) CITY OF SANTA ANA
<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 (Subject to revision per RMD requirements) Ilk
<br /> Contractor shall procure and maintain for the duration of the agreement,the following insurance coverages:
<br /> MINIMUM SCOPE AND LIMIT OF INSURANCE
<br /> Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as
<br /> broad as:
<br /> • 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 aggregate.
<br /> • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
<br /> combined single limits of$1,000,000.
<br /> • Workers'Compensation(W/C): 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, per employee, per policy for bodily
<br /> injury or diseT i equirement can be waived if Vendor has no employees.
<br /> Wk
<br /> If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires
<br /> and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available
<br /> insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
<br /> Cit .
<br /> er Insurance Provisions
<br /> he insurance policies are to contain, or be endorsed to contain, the following provisions:
<br /> GL and Aolicies: City of Santa Ana, its City Council, its officers, officials, employees, agents,
<br /> and volunteers are to be covered as additional insureds with respect to liability arising out of work or
<br /> operations performed by or on behalf of the Permittee including materials, parts, equipment, and
<br /> personnel furnished in connection with such work or operations.
<br /> 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation
<br /> against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid
<br /> under the terms of any policy which arise from work performed by Permittee for City.
<br /> 3. All required insurance policies: For any claims related to this contract, Permittee's insurance
<br /> coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials,
<br /> employees, agents, or volunteers shall not contribute with it.
<br /> 4. All required insurance policies: A severability of interest provision must apply for all the additional
<br /> insureds, ensuring that Permittee's insurance shall apply separately to each insured against whom a
<br /> claim is made or suit is brought, except with respect to the insurer's limits of liability.
<br /> City of Santa Ana RFP 24-076 Page 54 of 73
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