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Last modified
7/13/2023 3:30:11 PM
Creation date
7/13/2023 3:29:07 PM
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Contracts
Company Name
ITS FOAM TIME
Contract #
N-2023-173
Agency
Parks, Recreation, & Community Services
Expiration Date
8/31/2023
Destruction Year
2028
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(3) Workers' Compensation. As required by the State of California, with statutory <br />limits, and employer's liability insurance with limit of no less than $1,000,000 per <br />accident for bodily injury or disease. <br />(4) Sexual Abuse or Molestation (SAM) Liability. If the work will include contact <br />with minors, and the CGL policy referenced above is not endorsed to include <br />affirmative coverage for sexual abuse or molestation, Contractor shall obtain and <br />maintain a policy covering Sexual Abuse and Molestation with a limit no less than <br />$100,000 per occurrence or claim and with a limit of no less than $1,000,000 per <br />occurrence or claim for an organization. (Not required if City staff will be present <br />at all times.) <br />(5) Broader Coverage. If the Contractor maintains broader coverage and/or higher <br />limits than the minimums shown above, the City requires and shall be entitled to <br />the broader coverage and/or the higher limits maintained by the Contractor. Any <br />available insurance proceeds in excess of the specified minimum limits of insurance <br />and coverage shall be available to the City. <br />b. Other Insurance Provisions <br />(1) Additional Insured Status: The City, its officers, officials, employees, and <br />volunteers are to be covered as additional insureds on the CGL policy with respect <br />to liability arising out of work or operations performed by or on behalf of the <br />Contractor including materials, parts, or equipment furnished in connectionwith <br />such work or operations. General liability coverage can be provided in the form of <br />an endorsement to the Contractor's insurance (at least as broad as ISO Form CO 20 <br />10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG <br />20 33, or CG 20 38; and CG 2037 if a later edition is used). <br />(2) Primary Coverage: For any claims related to this contract, the Contractor's <br />insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 <br />13 as respects the City, its officers, officials, employees, and volunteers. Any <br />insurance or self-insurance maintained by the City, its officers,officials, employees, <br />or volunteers shall be excess of the Contractor's insurance and shall not contribute <br />with it. <br />(3) Notice of Cancellation: Each insurance policy required above shall provide that <br />coverage shall not be canceled, except with notice to the City. <br />(4) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to <br />subrogation that any insurer of said Contractor may acquire against the City by <br />virtue of the payment of any loss under such insurance. Contractor agrees to obtain <br />any endorsement that maybe necessary to affect this waiver of subrogation, but this <br />provision applies regardless of whether or not the City has received a waiver of <br />subrogation endorsement from the insurer. <br />Page 3 of 8 <br />
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