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Page 3 of 10 <br />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 <br />responsible for all applicable withholding taxes. <br />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”). Consultant <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 />Consultant represents and warrants that Consultant has the legal right to license any and all <br />Documents & Data. Consultant makes no such representation and warranty in regard to <br />Documents & Data which were provided to Consultant 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 />6.INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a.Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain <br />insurance as described below: <br />1)Commercial General Liability (CGL): Insurance Services Office Form CG <br />00 01covering CGL on an “occurrence” basis, including products and <br />completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $2,000,000 per occurrence. If a <br />general aggregate limit applies, either the general aggregate limit shall <br />apply separately to this project/location (ISO CG 25 03 or 25 04) or the <br />general aggregate limit shall be twice the required occurrence limit. <br />2)Automobile Liability: Insurance Services Office Form Number CA 0001 <br />covering, Code 1 (any auto), or if Instructor has no owned autos, Code 8 <br />(hired) and 9 (non-owned), with limits no less than $1,000,000 per accident <br />for bodily injury and property damage. (Note – required only if auto is used <br />in performance of work). <br />3)Workers’ Compensation: as required by the State of California, with <br />Statutory Limits, and Employer’s Liability Insurance with limit of no less <br />than $1,000,000 per accident for bodily injury or disease. <br />4)Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced <br />above is not endorsed to include affirmative coverage for sexual abuse or