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CITY OF SANTA ANA
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<br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br />applicable withholding taxes.
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<br />5. OWNERSHIP OF MATERIALS
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<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.
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<br />6. INSURANCE
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<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require
<br />any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement
<br />against claims for injuries to persons or damage to property which may arise from or in connection with services,
<br />products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
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<br />MINIMUM SCOPE OF INSURANCE
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<br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering 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 />Required policy limits can be met with primary and umbrella/excess insurance policies.
<br />2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits
<br />no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial
<br />automobile liability insurance, City will accept evidence of personal automobile insurance.
<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 or employee, for bodily injury
<br />or disease. Coverage is not required if Consultant has no employees and signs request to waive such
<br />insurance.
<br />4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession,
<br />with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
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<br />If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of
<br />coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits
<br />maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of
<br />insurance and coverage shall be available to City.
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<br />Other Insurance Provisions
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<br />The above required insurance policies are to contain or be endorsed to contain the following provisions:
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<br />1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as
<br />additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with
<br />respect to any liability arising out of work or operations performed by or on behalf of the Instructor
<br />including materials, parts, equipment, and personnel furnished in connection with such work or
<br />operations.
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