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HCEB CSA 20230901
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HCEB CSA 20230901
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Last modified
9/28/2023 6:13:58 PM
Creation date
9/28/2023 6:13:50 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/1/2023
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PERM
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<br /> <br />Consulting Services Agreement between City of San Leandro and Last revised: 09/18/2023 <br />HCEB for Cooling Center Page 7 of 16 <br />$1,000,000.00 per occurrence. Coverage shall be sufficiently broad to respond to <br />the duties and obligations as is undertaken by Consultant in this Agreement and <br />shall include, but not be limited to, claims involving infringement of intellectual <br />property, including but not limited to infringement of copyright, trademark, trade <br />dress; invasion of privacy violations; information theft; damage to or destruction of <br />electronic information; release of private information; alteration of electronic <br />information; extortion; and network security. The policy shall provide coverage for <br />liabilities for financial loss resulting or arising from acts, errors, or omissions, in <br />rendering technology services: <br />• Violation or infringement of any right of privacy, including breach of <br />security and breach of security/privacy laws, rules or regulations globally, <br />now or hereinafter constituted or amended; <br />• Data theft, damage, unauthorized disclosure, destructions, or corruption, <br />including without limitation, unauthorized access, unauthorized use, <br />identity theft, theft of personally identifiable information or confidential City <br />information in whatever form, transmission of a computer virus or other <br />type of malicious code; and participation in a denial of service attack on <br />third 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 <br />contract, privacy and security liability, privacy regulatory defense and payment of <br />civil fines, payment of credit card provider penalties, and breach response costs, <br />including without limitation, notification costs, forensic analysis, credit protection <br />services, call center services, identity theft protection services, and crisis <br />management/public relations services. <br /> <br />4.4.2 Claims-Made Limitations. The following provisions shall apply if the cyber <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 t he City <br />for review prior to the commencement of any work under this Agreement. <br /> <br />DocuSign Envelope ID: 6A79F7B3-870B-41DD-BF96-1633D7E95788
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