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S. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of independent contractor and not an employee of the Cit it be construed to create an employer -employee relai allow the City to exercise discretion or control over tl performs the services which are the subject matter of t provided by Contractor shall be provided in a manner regulations governing such services. Contractor shall 1 security taxes, unemployment insurance and similar responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS this Agreement, be construed to be an i. This Agreement is not intended nor shall ionship, a joint venture relationship, or to e professional manner in which Contractor its Agre ent; however, the services to be ,onsisten with all applicable standards and ay all sal nies and wages, employer's social taxes relating to employees and shall be This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyright , designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates,'and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data that were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time,; provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Ins �rrance Services Office Form CO 00 01 covering COL on an "oy�currence' basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. Page 3 of 10