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4. INDEPENDENT CONTRACTOR
<br />Consultant squall, during the entire terns of this Agreement, be construed to be an independent
<br />Contractor and not an employee of the City, Thk Afreenieni is not intended nor shall it be Construed to
<br />create an eanlrloyer- etnp love relationship, a joint venture relationship, or In allow the City to exercise
<br />discretion or control over the prolemional manner in which Consultant perlimns the services which me
<br />the subject matter of this Agreernetnt; however, rite services to be provided b y Consuitarit shall be
<br />provided in a manner consistent with all npplicablc standards and regulations governing such services.
<br />Consultant :shall pay all saltrriew and wages, clnp'loy','s social security taxes, uneniployanent insurance
<br />and similar tuxes relating to employces and shrill be responsible for all applicable withholding hxes.
<br />i'. (l'wk't`VERSHIP OF MATERIALS
<br />This Agreement creates a turn- eXCIUSivc aural perpetual license for City to copy, use, modify,
<br />reuse, or sublicense any and all copyrights, desigais, and other intCHOCLcal property embodied in plans,
<br />specifications, studies, drawhags, eatiniales, and other documents or works of authorship fixed In any
<br />tangible medittnt of expressiasn, including but not limited ter, physical dniwings or data magnetically or
<br />otlictavisc recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
<br />under this Agreement ("Documents & Data"), Consultant shall require all subconu"actors to agree in
<br />writing that City is granted a non- a'.xelasive and perpetunt license for zany Documents & Data the
<br />siubcoutractor prepares under this ,Agreement. Consultant represents and Wain-ant:5 that Consultant has the
<br />legal right to license any and all Documents & Data. Consultant snakes no such representation and
<br />warranty it) regard to Doeurnents & Data which were provided to Consultant by the City, City ;shall not
<br />be limited in any way in ,its use of the Docunnenis and Plata at any time, provided thal any such use not
<br />w idiin the purposes intended by this agreement shall be at City's sole risk,
<br />ti. INSURANCE
<br />1'601- to Undertaking perfOrnnanee of work Sunder this Agreement, Consultant shall maintain and
<br />shall require its subcontractors, Ifan,y, to obtain and maintain insurance as de,,,vHbed below;
<br />I
<br />. Commercial General Liability ImUranCe. Consultant shall maintain conu-nercial general
<br />liability insurance naming the City, its afftcers, employees, agents. volunteers and
<br />repreSentatives aw adelitiouai insured(s) and shall include, bat not be limited to protcetion
<br />against claims arising; Runt bodily and pensorial injury, including, death restilling
<br />therefrom and damage to property, resulting from any act or occurrence arising out of
<br />Consultant's operations in the performance of this Agreement, including, without
<br />limitation, nets involving vehicles. The amounts of insurance shall be not less than lire
<br />Iollmviang: single limit coverage applying to bodily and personal injury, including death
<br />resulting thorefronn, and property dumage, in the total amount of S'1,000,000 per
<br />occurrence, with $2,000,000 in the aggregate.
<br />la. BL18illOSS automobile liability insurance, or equivalent form, with a combined single-limnit
<br />of not less than $ 1.000,000 per oca:arrrence. Such insurance shall include coverage for
<br />oww•n(A. hired and non - owned autonmhHes,
<br />G. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
<br />the Labor Cocle, C'orisultanl, if Consultant has any omployces, is required to be insured
<br />City aI Santa Ana RAP 15-105
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