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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 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 CONSULTANT under this Agreement ("Documents & Data").
<br />CONSULTANT shall require all subcontractors to agree in writing that CITY is granted a non-
<br />exclusive and perpetual license for any Documents & Data the subcontractor prepares under this
<br />Agreement. CONSULTANT represents and warrants that CONSULTANT has the legal right to
<br />license any and all Documents & Data. CONSULTANT makes no such representation and
<br />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, provided
<br />that any such use not within the purposes intended by this Agreement shall be at 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 described
<br />below:
<br />a. Commercial General Liability Insurance. CONSULTANT shall maintain
<br />commercial general liability insurance naming the CITY, its officers, employees,
<br />agents, volunteers and representatives as additional insured(s) and shall include,
<br />but not be limited to protection against claims arising from bodily and personal
<br />injury, including death resulting therefrom and damage to property, resulting from
<br />any act or occurrence arising out of CONSULTANT's operations in the
<br />performance of this Agreement, including, without limitation, acts involving
<br />vehicles. The amounts of insurance shall be not less than the following: single limit
<br />coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence,
<br />with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its
<br />officers, employees, agents, and representatives as additional insured(s); (b) be
<br />primary and not contributory with respect to insurance or self-insurance programs
<br />maintained by the CITY; and (c) contain 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 hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3700 of the Labor Code, CONSULTANT, if CONSULTANT has any employees,
<br />is required to be insured against liability for worker's compensation or to undertake
<br />self-insurance. Prior to commencing the performance of the work under this
<br />Agreement, CONSULTANT agrees to obtain and maintain any employer's liability
<br />insurance with limits not less than $1,000,000 per accident.
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