|
6. 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 works of
<br />authorship fixed in any tangible medium of expression, including but not limited to, physical
<br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
<br />caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor
<br />shall require all subcontractors to agree in writing that City is granted a non-exclusive and
<br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
<br />Contractor represents and warrants that Contractor has the legal right to license any and all
<br />Documents & Data. Contractor makes no such representation and warranty in regard to
<br />Documents & Data which were provided to Contractor by the City. City shall not be limited in
<br />any way in its use of the Documents and Data at any time, provided that any such use not within
<br />the purposes intended by this Agreement shall be at City's sole risk.
<br />INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Contractor shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not be
<br />limited to protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act
<br />or occurrence arising out of Contractor's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts of
<br />insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s); (b) be primary with respect
<br />to insurance or self-insurance programs maintained by the City; and (c) contain
<br />standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single
<br />- limit of not less than $1,000,000 per occurrence. Such insurance shall include
<br />coverage for owned, hired and non -owned automobiles.
<br />C. Workers' Compensation Insurance. In accordance with the California Labor Code,
<br />Contractor, if Contractor has any employees, is required to be insured against
<br />liability for workers' compensation or to undertake self-insurance. Prior to
<br />commencing the performance of the work under this Agreement, Contractor agrees
<br />to obtain and maintain any employer's liability insurance with limits not less than
<br />$1,000,000 per accident.
<br />
|