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(9)
<br />CITY OF SANTA ANA
<br />the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
<br />fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
<br />City, its elected officials, officers, employees and agents free and harmless from any claim or
<br />liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
<br />5. INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant
<br />and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -
<br />employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the
<br />professional manner in which Consultant performs the services which are the subject matter of this Agreement;
<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 />6. 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 />INSURANCE (subject to RMD revision)
<br />Prior to undertaking performance of work under this Agreement, Contractor shall procure and maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration
<br />of this Agreement:
<br />a. Minimum Scope and Limit of Insurance
<br />(1) Commercial General Liability (CGL). Insurance Services Office Form CG 00 01 covering
<br />CGL on an "occurrence" basis, including products and completed operations, property
<br />damage, bodily injury and personal & advertising injury with limits no less than $1,000,000
<br />per occurrence. If a general aggregate limit applies, either the general aggregate limit shall
<br />apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate
<br />limit shall be twice the required occurrence limit.
<br />(2) Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), or if
<br />Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a
<br />limit no less than $1,000,000 per accident for bodily injury and property damage.
<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 for bodily
<br />injury or disease.
<br />(4) Professional Liability (Errors and Omissions). Insurance appropriate to the Contractor's
<br />profession, with a limit no less than $1,000,000 per occurrence or
<br />claims, $2,000,000 aggregate.
<br />(5) Broader Coverage. If the Contractor maintains broader coverage and/or
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