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<br />_____________________________________________________________________________________________ <br />Consulting Services Agreement between City of San Leandro and 10/02/2023 <br />Fehr & Peers for Bicycle and Pedestrian Master Plan Update Page 7 of 17 <br /> <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 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 <br />cyber liability insurance for the term of this Agreement in an amount not less than <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 />DocuSign Envelope ID: 6D0AEE58-A252-497A-B3D4-ECEB65A6296A