|
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant
<br />and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-
<br />employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the
<br />professional manner in which Consultant performs the services which are the subject matter of this Agreement;
<br />however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
<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 />
<br />5. OWNERSHIP OF MATERIALS
<br />
<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 />
<br />6. INSURANCE
<br />
<br />Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
<br />
<br />MINIMUM SCOPE OF INSURANCE
<br />Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at
<br />least as broad as:
<br />
<br />• 1. 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 />• 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
<br />combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile
<br />liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can
<br />be lower than $1,000,000.
<br />3. Workers’ Compensation (W/C): 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, per employee, per policy
<br />for bodily injury or disease. This requirement can be waived if Contractor has no employees.
<br />If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and
<br />shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance
<br />proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
<br />
<br />Other Insurance Provisions
<br />The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />
<br />Other Insurance Provisions
<br />The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />
<br />1. CGL and AL policies: 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 Contractor including materials, parts, equipment, and
<br />personnel furnished in connection with such work or operations.
<br />EXHIBIT 1
|