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C011SUitattat shall, during the entire tcrni of this Agreement, he construed to lie an independent,
<br />ccaratractor and not ate etraployee of the City. Tl -,ds Agreerriont is rat uttcaaded nor shall it be can trued to
<br />create an c:rzaployQr-employee relationship, al joint veatu e rclaatit�raslail�, or to allow tlto City to exerciso
<br />diserction. or control over [he profcssiona] inanner in which Consultant performs the services which are the
<br />subject matter of this Ahr'ooment, however, the sen ices to be provided by Consultant shall be provided in
<br />a rnannQr consistent with all applicable standards nand regulations governing such services. Consultant shall
<br />pay all salaries and va gtes, ctrrpioy€:r'a social sec;trrity taxes, atneniptoyment insurance and similar taxes
<br />relating to cmployces and shall be eesponsible for all applicable withholding taxes,
<br />6. OWNERSHIP OF MATERIALS
<br />This Agreement creates a and perpetual license for City to copy, use, modify, reuse,
<br />or subliccns� any and till copyrights, designs, and other intellectual property embodiQd in plaits,
<br />spccificaadons, studies, drawings, cstirriattcs, and other docurnerits or works of authorship fixed in any
<br />tatrr- ible mcdiura of expression, including but not 1` iiited to, physical drawings or data magpetic:a by or
<br />otheiwise recorded cora c omputcr diskettes, which aro prepared or caused to be prepared by CC}tiaultatlt under
<br />this Agreer ent (" Docuinents & Data."). Cons taltwit shalt require all subcontractors to a-4ree in writing that
<br />City is granted a n0ri-exclusive atrrcl perpetual license for any Docr.trnents, & Data the strbcotttraactor prepares
<br />under this Agreement. Consulta111t represents and wattrants that C:'r nsultatat has the le,,at tight to license; any
<br />and all Documents & Data. ConsultGarat makes no such representation and waarraartty in regard to Documents
<br />fir: Data which were provided to C ons-altant by the City. City shall not he lirrilwd in. any way in its use of
<br />the Documents and Data at any thne, ptvovided that any such. use not within the perr-pasCs in'teraded by this
<br />Agreement shall be at City's sole risit,
<br />7. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Cansultartt shall Maintttitt and
<br />shall rmquire its subcontractors, if arty, to obtain ataa.d maintaz:i►i insurance as described below;
<br />Conimercial General Liability Insurance. Consultant shall maintain commercial general
<br />liability insuralncrc naming the City, its officers, emly[oyccs, agents, vcsltrnteCrs abet
<br />rcpc,escntativ.c:s as additional insured(s) and shall includQ, but not be limited to protet,tiorj
<br />agiainst claims arising from bodily and persoaatl injury, including death resulting therwFrom
<br />amid dam -age to property, resulting from a€'ay pct or Occuz•rcrice arising clot of Consultant's
<br />nl-1era.tions in the; perforttia ace of this Agreement, including, �vithotrt limitatictlt, acts
<br />ir�rv�nlvir�.g vCNC!�s.
<br />The atrra®r.rirts of Insurance; shall be not less than the fr�llowing; single
<br />limit coverage atppty€ng to beadily and. personal fiIjUry, irzclr.rding death resulting therefrom,
<br />and property clararaag�, its the total tatrount of S I,OCi(i,p G per accurrcnce, with. $2,000,000
<br />in the aggregate. Buda insurance shall (a�a) narrne the City, its officers, employees, as Brats,
<br />voltrnNors and representatives as additionral insured(s), (b) beprimaary acrd not contributory
<br />With r-eslaect to ins4rraunce ar Sulf insuraance programs maintained by the City, kind (c)
<br />conlarin standard separation of insurecls provisions.
<br />b. Business automobile liability insurance, or equivalent fc>rnt, with 4 combined single [it -nit
<br />OC not less than St,000,000 lacr occurrence. Such insurance :shall include cc.7vcrati e for
<br />owned, hind tnd nota-cavvned autc?t�tnl�ilas,
<br />Wo&l rs' Cornper?sation [ asura€ac;e. In accorclanc;e with the Califarnin Labor Coda,
<br />Coasul=it, if Consultant has any eniplovices, is regUired to be in,SUnr l against lia h[lity Cor
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