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<br />Consulting Services Agreement between City of San Leandro and Last revised 01/19/2021 <br />East Bay SPCA Page 6 of 15 <br />d. Primary Insurance Endorsement as required by the section. <br /> <br /> <br />4.3 Professional Liability Insurance. <br /> <br />4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain <br />for the period covered by this Agreement professional liability insurance for <br />licensed professionals performing work pursuant to this Agreement in an amount <br />not less than $1,000,000 covering the licensed professionals’ errors and <br />omissions. Any deductible or self-insured retention shall not exceed $150,000 per <br />claim. <br /> <br />4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional <br />liability coverage is written on a claims-made form: <br /> <br />a. The retroactive date of the policy must be shown and must be before the <br />date of the Agreement. <br /> <br />b. Insurance must be maintained and evidence of insurance must be <br />provided for at least 5 years after completion of the Agreement or the <br />work, so long as commercially available at reasonable rates. <br /> <br />c. If coverage is canceled or not renewed and it is not replaced with another <br />claims-made policy form with a retroactive date that precedes the date of <br />this Agreement, Consultant shall purchase an extended period coverage <br />for a minimum of 5 years after completion of work under this Agreement. <br /> <br />d. A copy of the claim reporting requirements must be submitted to the City <br />for review prior to the commencement of any work under this Agreement. <br /> <br />4.3.3 Additional Requirements. A certified endorsement to include contractual liability <br />shall be included in the policy. <br /> <br />4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall <br />submit the Certificate of Liability Insurance in the amounts specified in the section. <br /> <br />4.4 Cyber Liability Insurance. <br /> <br />4.4.1 General Requirements. Consultant, at its own cost and expense, shall maintain cyber <br />liability insurance for the term of this Agreement in an amount not less than $1,000,000.00 <br />per occurrence. Coverage shall be sufficiently broad to respond to the duties and <br />obligations as is undertaken by Consultant in this Agreement and shall include, but not be <br />limited to, claims involving infringement of intellectual property, including but not limited to <br />infringement of copyright, trademark, trade dress; invasion of privacy violations; <br />information theft; damage to or destruction of electronic information; release of private <br />information; alteration of electronic information; extortion; and network security. The policy <br />DocuSign Envelope ID: 0233F0C5-841C-49C9-85D9-0DA9C7061979