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however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
<br />standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
<br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br />applicable withholding taxes.
<br />5. OWNERSHIP OF MATERIALS
<br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
<br />sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
<br />drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression,
<br />including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
<br />which are prepared or 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-exclusive and perpetual
<br />license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and
<br />warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
<br />representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City
<br />shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not
<br />within the purposes intended by this Agreement shall be at City's sole risk.
<br />6. INSURANCE
<br />Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
<br />to persons or damages to property which may arise from or in connection with the performance of the work
<br />hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
<br />MINIMUM SCOPE OF INSURANCE
<br />Coverage shall be at least as broad as:
<br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an
<br />"occurrence" basis, including products and completed operations, property damage, bodily injury and
<br />personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000
<br />aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
<br />2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
<br />limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain
<br />commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
<br />3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's
<br />Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury
<br />or disease. Coverage is not required if Consultant has no employees and signs request to waive such
<br />insurance.
<br />4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and
<br />$2,000,000 aggregate.
<br />If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires
<br />and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
<br />Other Insurance Provisions
<br />The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />Additional Insured Status
<br />The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the
<br />CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor
<br />including materials, parts or equipment furnished in connection with such work or operations. General liability
<br />coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO
<br />Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions
<br />used).
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