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<br />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 (Subject to revision per RMD requirements)
<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 />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 />If Vendor 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 Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance
<br />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
<br />additional insureds, under Vendor's CGL, Professional Liability, and Automobile Liability policies, with
<br />respect to any liability arising out of work or operations performed by or on behalf of the Instructor
<br />including materials, parts, equipment, and personnel furnished in connection with such work or
<br />operations.
<br />2.Vendor'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
<br />which arise from work performed by Vendor under this Agreement.
<br />3. For any claims related to this contract, Vendor's insurance coverage shall be primary and any insurance
<br />maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not
<br />contribute with it.
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