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5. OWNERSHIP OF MATERIALS
<br />Consultant will send all finished files to the City via hard drives provided. Additionally,
<br />this Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
<br />or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
<br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
<br />any tangible medium of expression, including but not limited to, physical drawings or data
<br />magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
<br />prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require
<br />all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license
<br />for any Documents & Data the subcontractor prepares under this Agreement. Consultant
<br />represents and warrants that Consultant has the legal right to license any and all Documents &
<br />Data. Consultant makes no such representation and warranty in regard to Documents & Data
<br />which were provided to Consultant by the City. City shall not be limited in any way in its use of
<br />the Documents and Data at any time, provided that any such use not within the purposes
<br />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
<br />described below:
<br />a. Commercial General Liability Insurance. Consultant 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
<br />be limited to protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any
<br />act or occurrence arising out of Consultant's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts
<br />of 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 />and representatives as additional insured(s); (b) be primary and not contributory
<br />with respect to insurance or self-insurance programs maintained by the City; and
<br />(c) contain standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined
<br />single limit of not less than $1,000,000 per occurrence. Such insurance shall
<br />include coverage for owned, 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, is required
<br />to be insured against liability for worker's compensation or to undertake self -
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