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Last modified
6/19/2024 4:54:56 PM
Creation date
6/11/2024 12:05:00 PM
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Contracts
Company Name
SWIM BRAYV FOUNDATION
Contract #
N-2024-191
Agency
Parks, Recreation, & Community Services
Expiration Date
5/31/2025
Insurance Exp Date
5/10/2025
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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 that were provided to Contractor by the City. City shall not be limited in any <br />way in its use of the Documents & Data at any time, provided that any such use not within the <br />purposes intended by this Agreement shall be at City's sole risk. <br />7. 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 />for the entire Term of this Agreement, against claims for injuries to persons or damage to property <br />which may arise from or in connection with services, products and materials supplied to City. <br />Total cost of such insurance shall be borne by Contractor. <br />a. Minimum Scope and Limit of Insurance <br />(1) Commercial General Liability (CGL). Insurance Services Office ("ISO") <br />Form CG 00 01 covering CGL on an "occurrence" basis, including products <br />and completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $1,000,000 per occurrence and <br />$2,000,000 aggregate. <br />(2) Automobile Liability. ISO Form CA 00 01 covering Code 1 (any auto), with <br />limits no less than $1,000,000 per accident for bodily injury and property <br />damage. <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 than <br />$1,000,000 per accident for bodily injury or disease. Coverage is not required <br />if Contractor has no employees and signs request to waive. <br />(4) Sexual Abuse or Molestation Liability (SAML). If the work will include <br />contact with minors, and the CGL policy referenced above is not endorsed to <br />include affirmative coverage for sexual abuse or molestation, Contractor shall <br />Page 3 of 10 <br />
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