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be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. OWNERSHIP OF MATERIALS <br />a. Any and all records, papers, drawings, specifications, programs, systems and other <br />materials prepared by Consultant, pursuant to this Agreement shall be the property of the City, <br />Consultant agrees to provide City with any such materials whenever requested to do so. The <br />City agrees, however, that plans, drawings or other work product may be used only for the <br />project described herein. <br />b. Except as set forth in section 3.c., below, services, papers and documents provided by <br />Consultant pursuant to or arising out of this Agreement are for the exclusive use of the client for <br />this project only and may not be reused for other projects by the client without Consultant's <br />written consent. Preliminary and other unsigned plans and drawings are not intended to be used <br />for construction. All final plans will be signed. The Consultant is not responsible for plans not <br />signed by the Consultant. <br />c. City may utilize said plans, specifications and documents in connection with the <br />future expansion or remodel of the Tierra de las Pampas exhibit at the Santa Ana Zoo. City shall <br />release Consultant from liability for City's use of said plans in connection with the remodel, <br />expansion of the exhibit, unless the parties agree otherwise, in writing. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />completion of the project, unless terminated earlier in accordance with Section 12, below. <br />5. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer - employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />