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CITY OF SANTA ANA
<br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br />applicable withholding taxes.
<br />5. OWNERSHIP OF MATERIALS
<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 />6. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall
<br />require any subcontractors to obtain and maintain insurance as described below for the entire Term of this
<br />Agreement against claims for injuries to persons or damage to property which may arise from or in connection
<br />with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
<br />MINIMUM SCOPE AND LIMIT OF INSURANCE
<br />1.Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering 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
<br />aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
<br />2.Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
<br />limits no less than $1,000,000 combined single limits.
<br />3.Workers’ Compensation: 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, policy or employee,
<br />for bodily injury or disease.
<br />4.Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and
<br />$2,000,000 aggregate.
<br />If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of
<br />coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits
<br />maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of
<br />insurance and coverage shall be available to City.
<br />Other Insurance Provisions
<br />The above required insurance policies are to contain or be endorsed to contain the following provisions:
<br />1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional
<br />insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to
<br />any liability arising out of work or operations performed by or on behalf of the Instructor including materials,
<br />parts, equipment, and personnel furnished in connection with such work or operations.
<br />2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council,
<br />its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which
<br />arise from work performed by Consultant under this Agreement.
<br />City of Santa Ana RFP 24-051 Page 19 of 31SAMPLE
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<br />City Council 30 – 22 6/4/2024
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