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8B Consent 2021 0315
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8B Consent 2021 0315
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3/10/2021 2:53:12 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/15/2021
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Reso 2021-044 San Francisco Bay Restoratio Auth for Long Beach Resto
(Approved by)
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\City Clerk\City Council\Resolutions\2021
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VIII. WORK PRODUCTS AND ACKNOWLEDGMENT OF AUTHORITY <br />SUPPORT <br />All material, data, information, and written, graphic or other work produced, <br />developed or acquired under this agreement is subject to the unqualified and <br />unconditional right of the Authority to use, reproduce, publish, display, and make <br />derivative use of all such work, or any part of it, free of charge and in any manner <br />and for any purpose; and to authorize others to do so. If any of the work is subject <br />to copyright, trademark, service mark, or patent, the Authority is granted and shall <br />have a perpetual, royalty-free, nonexclusive and irrevocable license to use, <br />reproduce, publish, use in the creation of derivative works, and display and perform <br />the work, or any part of it, and to grant to any third party a comparable and <br />coextensive sublicense. <br /> <br />The grantee shall include in any contract with a third party for work under this <br />agreement terms that preserve the rights, interests, and obligations created by this <br />section, and that identify the Authority as a third-party beneficiary of those <br />provisions. <br /> <br />The grantee shall not utilize the work produced under this agreement for any profit- <br />making venture, nor sell or grant rights to a third party for that purpose. <br /> <br />In order to acknowledge the Authority’s support of the project, the Authority’s <br />name and logo shall be included in the final report in a prominent location. The <br />grantee shall mention the Authority’s support in its project-related press releases, <br />contacts with the media, and social media postings, and on its website. <br /> <br />IX. COSTS AND DISBURSEMENTS <br />When the Authority determines that all conditions in section “II. CONDITIONS <br />PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT” <br />have been fully met, the Authority shall disburse to the grantee a total amount not to <br />exceed the amount of this grant, in accordance with the approved project budget <br />and this section. <br /> <br />The withholding for this agreement is ten percent. The Authority shall disburse <br />funds for costs incurred to date, less ten percent, upon the grantee’s satisfactory <br />progress under the approved work program and upon submission of a “Request for <br />Disbursement” form, which shall be submitted no more frequently than monthly but <br />no less frequently than quarterly. The Authority’s fiscal year ends on June 30. For <br />all costs the grantee incurs through the end of the Authority’s fiscal year, Requests <br />for Disbursement shall be submitted by July 20th. The Authority shall disburse the <br />ten percent withheld upon the grantee’s satisfactory completion of the project and <br />27
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