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July 15, 2024 Page 53 City of San Leandro/ACI Franchise Agreement of intellectual property, including but not limited to infringement of copyright, trademark, trade 2108 dress; invasion of privacy violations; information theft; damage to or destruction of electronic 2109 information; release of private information; alteration of electronic information; extortion; and 2110 network security. The policy shall provide coverage for liabilities for financial loss resulting or arising 2111 from acts, errors, or omissions, in rendering technology services: 2112 • Violation or infringement of any right of privacy, including breach of security and breach 2113 of security/privacy laws, rules or regulations globally, now or hereinafter constituted or 2114 amended; 2115 • Data theft, damage, unauthorized disclosure, destructions, or corruption, including 2116 without limitation, unauthorized access, unauthorized use, identity theft, theft of 2117 personally identifiable information or confidential City information in whatever form, 2118 transmission of a computer virus or other type of malicious code; and participation in a 2119 denial of service attack on third party computer systems; 2120 • Loss or denial of service; 2121 • No cyber terrorism exclusion; 2122 Such coverage must include technology/professional liability including breach of contract, privacy 2123 and security liability, privacy regulatory defense and payment of civil fines, payment of credit card 2124 provider penalties, and breach response costs, including without limitation, notification costs, 2125 forensic analysis, credit protection services, call center services, identity theft protection services, 2126 and crisis management/public relations services 2127 The following provisions shall apply if the cyber liability coverage is written on a claims-made form: 2128 a. The retroactive date of the policy must be shown and must be before the date of the 2129 Agreement. 2130 b. Insurance must be maintained, and evidence of insurance must be provided for at least 5 2131 years after completion of the Agreement or the work, so long as commercially available 2132 at reasonable rates. 2133 c. If coverage is canceled or not renewed and it is not replaced with another claims-made 2134 policy form with a retroactive date that precedes the date of this Agreement, Consultant 2135 shall purchase an extended period coverage for a minimum of 5 years after completion 2136 of work under this Agreement. 2137 d. A copy of the claim reporting requirements must be submitted to the City for review prior 2138 to the commencement of any work under this Agreement. 2139 9.3 PERFORMANCE BOND 2140 Within seven (7) calendar days of the City’s notification to Contractor that the City has executed this 2141 Agreement, Contractor shall file with the City a bond, payable to the City and in a format approved by the 2142 City, securing the Contractor's performance of its obligations under this Agreement and such bond shall 2143 be renewed annually if necessary so that the performance bond is maintained at all times during the Term. 2144 The principal sum of the bond shall be $6,406,491.56, which is an amount set to equal twenty-five percent 2145 (25%) of Contractor’s proposed Rate Period One Gross Receipts and shall be adjusted every three (3) 2146 years, commencing with Rate Period Three, to equal three (3) months of the prior Rate Period’s annual 2147 Gross Receipts. The bond shall be executed as surety by a corporation authorized to issue surety bonds in 2148 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A