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Packet 01042022
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8G Consent
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6/9/2022 12:55:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/4/2022
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made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall <br />purchase an extended period coverage for a minimum of 5 years after completion of work under this <br />Agreement. <br />d. A copy of the claim reporting requirements must be submitted to the City for review <br />prior to the commencement of any work under this Agreement. <br /> <br />6.4.3 Additional Requirements. A certified endorsement to include contractual liability shall be <br />included in the policy. <br /> <br />6.4.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the <br />Certificate of Liability Insurance in the amounts specified in the section. <br /> <br />6.5 Cyber Liability Insurance. <br /> <br />6.5.1 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 per occurrence. <br />Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant <br />in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual <br />property, including but not limited to infringement of copyright, trademark, trade dress; invasion of privacy <br />violations; information theft; damage to or destruction of electronic information; release of private <br />information; alteration of electronic information; extortion; and network security. The policy shall provide <br />coverage for liabilities for financial loss resulting or arising from acts, errors, or omissions, in rendering <br />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, privacy <br />and security liability, privacy regulatory defense and payment of civil fines, payment of credit card provider <br />penalties, and breach response costs, including without limitation, notification costs, forensic analysis, <br />credit protection services, call center services, identity theft protection services, and crisis <br />management/public relations services. <br /> <br />6.5.2 Claims-Made Limitations. The following provisions shall apply if the cyber liability <br />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 date of the <br />Agreement. <br /> <br />b. Insurance must be maintained, and evidence of insurance must be provided for at least 5 <br />years after completion of the Agreement or the work, so long as commercially available at reasonable <br />rates. <br /> <br />c. If coverage is canceled or not renewed and it is not replaced with another claims-made <br />policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an <br />extended period coverage 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 for review prior to <br />the commencement of any work under this Agreement. <br /> <br />351
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