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(2) <br />CITY OF SANTA ANA <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance <br />and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />5. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, <br />reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, <br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any <br />tangible medium of expression, including but not limited to, physical drawings or data magnetically or <br />otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant <br />under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in <br />writing that City is granted a non-exclusive and perpetual license for any Documents & Data the <br />subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has <br />the legal right to license any and all Documents & Data. Consultant makes no such representation and <br />warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not <br />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 <br />injuries to persons or damages to property which may arise from or in connection with the performance <br />of the work hereunder and the results of that work by the Contractor, his agents, representatives, <br />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 <br />CGL on an "occurrence" basis, including products and completed operations, property damage, <br />bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. <br />If a general aggregate limit applies, either the general aggregate limit shall apply separately to <br />this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be <br />twice the required occurrence limit. <br />2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor <br />has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less <br />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 injury <br />or disease. <br />MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE - RFP #25-058 <br />38 <br />