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Packet 20231204
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5G Consent
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Last modified
3/21/2024 5:57:36 PM
Creation date
12/26/2023 3:30:31 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/4/2023
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PERM
Document Relationships
ConvergeOne, Inc. CSA 20231204
(Amended)
Path:
\City Clerk\City Council\Agreements\2023
Reso 23-173 2023 Resolution CSA ConvergeOne
(Amended)
Path:
\City Clerk\City Council\Resolutions\2023
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<br />• Loss or denial of service; <br />• No cyber terrorism exclusion; <br />Such coverage must include technology/professional liability including breach of contract, privacy and <br />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 <br />analysis, credit protection services, call center services, identity theft protection services, and crisis <br />management/public relations services. <br />4.4.2 Claims-Made Limitations. The following provisions shall apply if the cyber liability coverage is <br />written on a claims-made form: <br />a. The retroactive date of the policy must be shown and must be before the date of the Agreement. <br />b. Insurance must be maintained, and evidence of insurance must be provided for at least 5 years after <br />completion of the Agreement or the work, so long as commercially available at reasonable rates. <br />c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form <br />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 />d. A copy of the claim reporting requirements must be submitted to the Ci ty for review prior to the <br />commencement of any work under this Agreement. <br />4.4.3 Additional Requirements. A certified endorsement to include contractual liability shall be included <br />in the policy. <br />4.4.4 Submittal Requirements. To comply with Subsection 4.4, Consultant shall submit the Certificate of <br />Liability Insurance in the amounts specified in the section. <br />4.5 All Policies Requirements. <br />4.5.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a <br />Bests' rating of no less than A:VII. <br />4.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish <br />City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the <br />insurer, including complete copies of all endorsements attached to the policies. All copies of <br />Certificates of Liability Insurance and certified endorsements shall show the signature of a person <br />authorized by that insurer to bind coverage on its behalf. If the City does not receive the required <br />insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s <br />obligation to provide them. The City reserves the right to require complete copies of all required <br />insurance policies at any time. <br />4.5.3 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit <br />that is eroded by the cost of defense). <br />4.5.4 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to <br />state that coverage shall not be canceled by either party, except after 30 days’ prior written notice <br />has been provided to the City. <br />4.5.5 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall <br />furnish separate certificates and certified endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated herein. <br />4.6 Submittal of Proof of Insurance Coverage. All certificates of insurance and endorsements effecting <br />coverage required in this Section 4 must be electronically submitted through the City’s online <br />insurance document management program, PINS Advantage. Contractor shall comply with all <br />requirements provided by City related to the PINS Advantage program. <br />4.7 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain <br />any insurance policies or policy endorsements to the extent and within the time herein required, City
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