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8C Consent 2021 0907
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8C Consent 2021 0907
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10/14/2021 8:11:08 PM
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10/14/2021 8:10:55 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
10/18/2021
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Reso 2021-146 Hinderliter de llamas and assoc
(Approved by)
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\City Clerk\City Council\Resolutions\2021
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In Process <br />Consulting Services Agreement between City of San Leandro and HdL Last revised [10/06/2021] <br /> Page 6 of 17 <br /> <br />b. Insurance must be maintained, and evidence of insurance must be provided <br />for at least 5 years after completion of the Agreement or the work, so long <br />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 submit <br />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 $2,000,000.00 <br />($2 Million) per occurrence. Coverage shall be sufficiently broad to respond to the duties <br />and obligations as is undertaken by Consultant in this Agreement and shall include, but not <br />be limited to, claims involving infringement of intellectual property, including but not limited <br />to 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 />shall provide coverage for liabilities for financial loss resulting or arising from acts, errors, or <br />omissions, in rendering technology services: <br />• Violation or infringement of any right of privacy, including breach of security <br />and breach of security/privacy laws, rules or regulations globally, now or <br />hereinafter constituted or amended; <br />• Data theft, damage, unauthorized disclosure, destructions, or corruption, <br />including without limitation, unauthorized access, unauthorized use, identity <br />theft, theft of personally identifiable information or confidential City <br />information in whatever form, transmission of a computer virus or other type <br />of malicious code; and participation in a denial of service attack on third <br />party computer systems; <br />• Loss or denial of service; <br />• No cyber terrorism exclusion; <br />Such coverage must include technology/professional liability including breach of contract, <br />privacy and security liability, privacy regulatory defense and payment of civil fines, payment <br />of credit card provider penalties, and breach response costs, includin g without limitation, <br />DocuSign Envelope ID: BCD08FE9-787B-40EF-808D-44E4B85F65EF
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