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INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be all independent
<br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
<br />create an employer -employee relatioaship, 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 the
<br />subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in
<br />a manner consistent with all applicable standards and regulations governing such services. Consultant shall
<br />pay all salaries and, wages, employer's social security taxes, unemployinent insurance and sit-nilar taxes
<br />relating to employees and shall be responsible for all applicable withholding taxes.
<br />6. OWNERSHIP OF MATERIALS
<br />]'his Agreement creates a no-iiexelusive, and perpetual. license for City to. copy, use, modify, rouse,
<br />or sublicense any and I all copyrights, designs, and other intellectual property embodied in plans,
<br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in a,ny
<br />tangible mediurn 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 under
<br />this Agreement ("Documents& Data7). Consultant shall require all subcontractors to agree in writing that
<br />City is.granted anon-exclusivQ and perpetual license for any Documents &,Data the subcontractor . prepares
<br />under this Agreement. Consultant represents and warrants that Consultant has the Legal right to license any
<br />and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents
<br />& Data which were provided to Consultant by the City. City shall not be limited in any way in itsLl,,,e of
<br />the Documents and Data at any time, provided that any such use not within the purposes intended by this
<br />Agreement shall be at City's sole risk.
<br />7. INSURANCE
<br />Prior to undertaking performance of work -under this Agreement, Consultant Shall maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General .Liability insurance. Consultant shall maintain commercial general
<br />liability insurance naming the City; its Officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to protection
<br />against claims arising from bodily and personal injury, including death resulting therefrom
<br />and damage to property, resulting . from any act or occurrence arising out of Consultant's
<br />operations in the performance, of this A Bement, including, without liiniCatzon, acts
<br />involving vehicle,;. The amounts of insurance shall be not less than the following: single
<br />limit coverage -applying to bodily and personal injury, including death resulting thererT om,
<br />and property damage, in the total amo-unt of $1,000,000 per occurrence, with $2,000,000
<br />in. the ag&IN94te. Such iasuranc6 shall (a) name the, City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s); (b) be primat and not contributory y
<br />with respect to insurance or self-insurance programs maintained by the City; and (c)
<br />contain standard separation of insureds provisions.
<br />b. Business autornobil . e liability histirance, or equivalent form, with a combined single, limit
<br />Of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
<br />owned, hired and non -owned automobiles,
<br />c. Workers' Compensation Insurance, in accordance with the California Labor Code,
<br />Consultant, if Consultant has any employees, is required to be insured against liability for
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