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(9)
<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 />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 agreement, the following insurance coverages:
<br />MINIMUM SCOPE AND LIMIT OF INSURANCE
<br />Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at
<br />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 $2,000,000 per occurrence and $4,000,000 aggregate.
<br />2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
<br />combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile
<br />liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can
<br />be lower than $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, per employee, per policy for bodily
<br />injury or disease. This requirement can be waived if Contractor has no employees.
<br />If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and
<br />shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance
<br />proceeds in 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 />1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents,
<br />and volunteers are to be covered as additional insureds with respect to liability arising out of work or
<br />operations performed by or on behalf of the Contractor including materials, parts, equipment, and
<br />personnel furnished in connection with such work or operations.
<br />2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against
<br />City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under
<br />the terms of any policy which arise from work performed by Contractor for City.
<br />3. All required insurance policies: For any claims related to this contract, Contractor's insurance
<br />coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials,
<br />employees, agents, or volunteers shall not contribute with it.
<br />City of Santa Ana RFP 25-116 Page 34 of 60
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