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4. INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be ail
<br />it'idepei,idetitConsultant ai,idtiota.tiet,nployeeol"the City. 'TlijsAg,t,eeaiientistrot iiiiendecitiordial ll
<br />it be construed to create an erripfoyer-ern ployee relationship, a joint venture relationship, or to
<br />allow the City to exercise discretion or control over the professional manner in which Consultant
<br />performs the services which are the subject matter of this Agreement however, the services to be
<br />provided by Consultant shall be provided in a manner consistent with all applicable standards and
<br />regulations governing such services. Consulumt shall pay all salaries arid wages, employer's social
<br />securihr taxes, unemployment insurance and similar 'taxes relating to employees arid shall be
<br />responsible for all applical-)IC withholditiLl taxes,
<br />5. OWNERSHIP OF MATERIALS
<br />This Agreement creates a non-exclusive and perpetual license for City to copy, use,
<br />modify, reuse, or sul.)Hcense any and all copyrights, designs, and other intellectual property�
<br />embodied in plans, specifications, Studies, dra\vings, estimates, and other documents or work 'S of
<br />authorship fixed in any tangible medium of expression, including but not limited to,, physical
<br />drawings, or data niagnetically or otherwise recorded on computer diskettes, which are prepared or
<br />caused to be prepared by Consultant under this Agreement ("Documents & Data"',), Consultant
<br />shall require all subcontractors to agree in writing that City is granted a non-exclusive and
<br />perpetual license Im any Documents & Data the subcontractor prepares under this AgTeen'lent,
<br />Consultant represents and warrants that Consultant has the legal right to license any and all
<br />Documents & Data, Consultant makes no such representation and warranty in regard t()
<br />Documents & Data which were provided 'to Consultant by [lie City. City shall not be limited in
<br />any way in its use of the Documents arid, Data at any time, provided that any such use not within
<br />the purposes intended by this Agreement shall beat City's sole risk,
<br />6. INSURANCE; MINIMUM SCOPE AND IAMITOF INS TRANCE
<br />a. Prior to undertaking performance of' work under this, Agreement, Consultant shall
<br />01flintain and Shall retluire any s tibot-oi t r"ict of's U') obtairl andi maintain insurance as
<br />described below for the entire Term and Extended Term, if appl'�icable, of this
<br />Agreement against claims for injuries to persons or damage to property which may
<br />arise from or in connection with services, products and materials supplied to City, Total
<br />cost of such insurance shall be borne by Consultant.
<br />Commercial General Liability (CGL): Insurance Services Off -ice 1,-orm CG 00
<br />Olcovering CGL on an "occurrence", basis, including products and completed
<br />operations, property damage, bodily injury and personal & advertising injury with,
<br />tirnits, no less than $'1,000,000 per occurrence and $2,0100,000 aggregate, Required
<br />policy limits can be met with primary and umbrella/excess insurance policies,
<br />Automobile Liability (AL): Insurance Services Office Form CA 010 01 covering
<br />Code I (any auto), with limits no less than $1,000,000 combined single limits In
<br />City Council 13-83 3/18/2025
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