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CITY OF SANTA ANA <br /> <br /> <br /> <br /> <br /> <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 <br />to create an employer-employee relationship, a joint venture relationship, or to allow the City to <br />exercise discretion or control over the professional manner in which Consultant performs the services <br />which are the subject matter of this Agreement; however, the services to be provided by Consultant <br />shall be provided in a manner consistent with all applicable standards and regulations governing such <br />services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable withholding <br />taxes. <br /> <br />standards and regulations governing such services. Consultant shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees and <br />shall be responsible for all applicable withholding taxes. <br /> <br /> <br />5. OWNERSHIP OF MATERIALS <br /> <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 /> <br />MINIMUM SCOPE AND LIMIT OF INSURANCE <br /> <br />The selected Proposer shall provide the required evidence of insurance coverage as set forth in <br />the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. <br />Contractor must maintain, for the duration of its contract, insurance coverages as required by <br />the City. <br /> <br />Additionally, Contractor shall provide the following insurance coverage: <br />Coverage shall be at least as broad as: <br /> <br /> Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL <br />on an “occurrence” basis, including products and completed operations, property damage, <br />bodily injury and personal & advertising injury with limits no less than $1,000,000 per <br />occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply <br />separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall <br />be twice the required occurrence limit. <br /> Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor <br />has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than <br />$1,000,000 per accident for bodily injury and property damage. SAMPLECity of Santa Ana RFP No. 23-090A Page 26 of 47 <br />EXHIBIT 1