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(9) CITY OF SANTA ANA <br /> Consultant shall, during the entire term of this Agreement, be construed to be an independent <br /> Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to <br /> create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br /> discretion or control over the professional manner in which Consultant performs the services which are <br /> the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br /> provided in a manner consistent with all applicable standards and regulations governing such services. <br /> Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance <br /> and similar taxes relating to employees and shall be 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, modify, <br /> reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, <br /> specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any <br /> tangible medium of expression, including but not limited to, physical drawings or data magnetically or <br /> otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant <br /> under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in <br /> writing that City is granted a non-exclusive and perpetual license for any Documents & Data the <br /> subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has <br /> the legal right to license any and all Documents & Data. Consultant makes no such representation and <br /> warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not <br /> 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 <br /> injuries to persons or damages to property which may arise from or in connection with the performance <br /> of the work hereunder and the results of that work by the Contractor, his agents, representatives, <br /> 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 <br /> CGL on an "occurrence" basis, including products and completed operations, property damage, <br /> bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. <br /> If a general aggregate limit applies, either the general aggregate limit shall apply separately to <br /> this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be <br /> twice the required occurrence limit. <br /> 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto(Code 1), or if Contractor <br /> has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less <br /> than $1,000,000 per accident for bodily injury and property damage. <br /> 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and <br /> Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury <br /> or disease. <br /> MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE- RFP#25-058 <br /> 38 <br />