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4, INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be an
<br />independent contractor and not ,in employee ofthe City. This Agreement is not intended nor shall
<br />it be construed to create an employer-emptoyce relationship, a joint venture relationship, or to
<br />allow the City to exercise discretion or control over the professional mammer 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 faxes, unemployment insurance and similar taxes relating to employees and shall be
<br />responsible for all applicable withholding taxes.
<br />5. OWNERSUIP OF MATERIALS
<br />This Agreement creates a non-exclusive and perpetual license for City to eopy, use,
<br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual pr•opeitty
<br />ombociiod in plans, spocilications; studies, drawings, estimates, and other documents or works of
<br />authorship fixed in any tangible mediumofexpression, 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 visiting that City is granted a cion -exclusive and
<br />perpetual license for any Documents & Data the subcontractor prepares nuclei, 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 />Docutuents & :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 thne, provided that: any such use not within
<br />the purposes intended by this Agreement shall be at City's sole tisk,
<br />INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial <General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the. City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not be
<br />limited to protection against claims arising from bodily- and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act
<br />or Occurrence arising out of Consultant's operations in the performance of this
<br />Agreement, in(J11ding, without iialitai:ion,. aptg involving vehir.leS, Ilme nmontu Of
<br />insurance shall be not less than the following: single Ihnit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, emptoyecs, agents,
<br />aact representatives as additional insured(s); (b) be primary and .not contributory
<br />with respect to insurance or self-insurance programs maintained by the City, and
<br />(C contain standard separation of insureds provisions.
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