any way in its use of the Documents and Data at any time, provided that any such use not within
<br />the purposes intended by this Agreement shall be at City's sole risk.
<br />6. INSURANCE
<br />Consultant shall procure and maintain for the duration of the contract insurance against
<br />claims for security breaches, system failures, injuries to persons, damages to software, and
<br />damages to property (including computer equipment), theft, or other misuse of City's data,
<br />infringement of intellectual property, invasion of privacy and breach of data, which may arise from
<br />or in connection with the performance of the work hereunder by Consultant, its agents,
<br />representatives, or employees.
<br />MINIMUM SCOPE OF INSURANCE
<br />Coverage shall be at least as broad as:
<br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
<br />covering CGL on an "occurrence" basis, including products and completed operations,
<br />property damage, bodily injury and personal & advertising injury with limits no less
<br />than $1,000,000 per occurrence and $2,000,000 general aggregate.
<br />2. Cyber Liability (CL): Insurance, with limits not less than $2,000,000 per occurrence
<br />or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to
<br />the duties and obligations as is undertaken by Consultant in this agreement and shall
<br />include, but not be limited to, claims involving security breach, system failure, data
<br />recovery, business interruption, cyber extortion, social engineering, infringement of
<br />intellectual property, including but not limited to infringement of copyright, trademark,
<br />trade dress, invasion of privacy violations, information theft, and release of private
<br />information. The policy shall provide coverage for breach response costs, regulatory
<br />fines and penalties as well as credit monitoring expenses.
<br />3. Professional Liability Insurance (PL) with limits no less than $1,000,000 per
<br />occurrence or claim, and $2,000,000 aggregate.
<br />4. Workers' Compensation (WC) as required by the State of California, with statutory
<br />limits, and Employer's Liability insurance with limits of no less than $1,000,000 per
<br />accident, policy, employee, for bodily injury or disease.
<br />If Consultant maintains broader coverage and/or higher limits than the minimums shown
<br />above for any line of coverage, City requires and shall be entitled to the broader coverage and/or
<br />the higher limits maintained by Consultant. Any available insurance proceeds in excess of the
<br />specified minimum limits of insurance and coverage shall be available to City.
<br />Other Insurance Provisions
<br />The above required insurance policies are to contain or be endorsed to contain the following
<br />provisions:
<br />Page 3 of 14
<br />#456646vl
<br />
|