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4. 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 <br />relationship, or to allow the City to exercise discretion or control over the professional manner <br />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 <br />with all applicable standards and regulations governing such services. Consultant shall pay <br />all salaries and wages, employer's social security taxes, unemployment insurance and similar <br />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, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or <br />works of authorship fixed in any tangible medium of expression, including but not limited to, <br />physical drawings or data magnetically or otherwise recorded on computer diskettes, which <br />are prepared or caused to be prepared by Consultant under this Agreement ("Documents & <br />Data"), Consultant shall require all subcontractors to agree in writing that City is granted a <br />non-exclusive and perpetual license for any Documents & Data the subcontractor prepares <br />under this Agreement. Consultant represents and warrants that Consultant has the legal <br />right to license any and all Documents & Data. Consultant makes no such representation <br />and warranty in regard to Documents & Data which were provided to Consultant by the City. <br />City shall not be limited in any way in its use of the Documents and Data at any time, <br />provided that any such use not within the purposes intended by this Agreement shall be at <br />City's sole risk. <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 <br />commercial general liability insurance naming the City, its officers, <br />employees, agents, volunteers and representatives as additional insured(s) <br />and shall include, but not be limited to protection against claims arising from <br />bodily and personal injury, Including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Consultant's <br />operations in the performance of this Agreement, including, without Ilmitation, <br />acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount <br />of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Consultant <br />shall supply City with a fully executed additional insured endorsement in <br />substantially the form attached hereto as Exhibit C upon execution of this <br />Agreement. <br />b. Business automobile liability insurance, or equivalent form, with a combined <br />25F-6 <br />