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4. INDEPENDENT CONTRACTOR <br /> Consultant shall, during the entire term of this Agreement, be construed to be an <br /> independent Consultant and not an employee of the City. This Agreement is not intended nor shall <br /> it be construed to create an employer-employee 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. Consultant shall pay all salaries and wages,employer's social <br /> security taxes, unemployment insurance and similar taxes relating to employees and shall be <br /> responsible for all applicable withholding 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 sublicense any and all copyrights, designs, and other intellectual property <br /> embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br /> authorship fixed in any tangible medium of expression, including but not limited to, physical <br /> drawings or data magnetically 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 for any Documents & Data the subcontractor prepares under this Agreement. <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 to <br /> Documents & Data which were provided to Consultant by the City. City shall not be limited in <br /> any way in its use of the Documents and Data at any time, provided that any such use not within <br /> the purposes intended by this Agreement shall be at City's sole risk, <br /> G. INSURANCE; MINIMUM SCOPE AND LIMIT OF INSURANCE <br /> a. Prior to undertaking performance of work under this Agreement, Consultant shall <br /> maintain and shall require any subcontractors to obtain and maintain insurance as <br /> described below for the entire Term and Extended Term, if applicable, 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 /> 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 <br /> 01covering CGL on an "occurrence" basis, including products and completed <br /> operations, property damage, bodily injury and personal & advertising injury with <br /> limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required <br /> policy limits can be met with primary and umbrella/excess insurance policies. <br /> 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering <br /> Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In <br />