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(9)
<br />CITY OF SANTA ANA
<br />however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
<br />standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
<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 />Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
<br />to persons or damages to property which may arise from or in connection with the performance of the work
<br />hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
<br />MINIMUM SCOPE OF INSURANCE
<br />Coverage shall be at least as broad as:
<br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering 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.
<br />2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has
<br />no owned autos, hired, (Code 8) and non -owned autos (Code 9), with combined limit of $1,000,000.
<br />3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's
<br />Liability Insurance with limit of no less than $1,000,000 per accident, policy, employee for bodily injury
<br />or disease.
<br />4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession,
<br />with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.
<br />Insurance requirements above can be met with primary and umbrella/excess insurance policies. If Consultant
<br />maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled
<br />to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in
<br />excess of the specified minimum limits of insurance and coverage shall be available to City.
<br />Other Insurance Provisions
<br />The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />Additional Insured Status
<br />City, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds
<br />on the CGL and Automobile Liability policy(ies) with respect to liability arising out of work or operations performed
<br />by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or
<br />operations.
<br />City of Santa Ana RFP No. 24-010 Page 23 of 38
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