|
insurance against claims for security breaches, system failures, injuries to persons, damages to
<br />software, and damages to property (including computer equipment), theft, or other misuse of
<br />customer's data, infringement of intellectual property, invasion of privacy and breach of data,
<br />which may arise from or in connection with the performance of the work hereunder by Consultant,
<br />its agents, representatives, or employees.
<br />MINIMUM SCOPE AND LIMIT OF INSURANCE
<br />Coverage shall be at least as broad as:
<br />1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01
<br />covering CGL on an "occurrence" basis, including products and completed operations, property
<br />damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per
<br />occurrence and $2,000,000 in the aggregate.
<br />2. Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to
<br />the Consultant's profession and work hereunder, with limits not less than $2,000,000 per
<br />occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties
<br />and obligations as is undertaken by the Consultant in this Agreement and shall include, but not be
<br />limited to, claims involving business interruption, damage to or destruction of electronic
<br />information, and alteration of electronic information. The policy shall provide coverage for
<br />Consultant's failure to provide professional services and/or products under this Agreement. The
<br />Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of
<br />electronic data and/or information "property" of Customer in the care, custody, or control of
<br />Company.
<br />3. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any
<br />auto), with combined single limit no less than $1,000,000.
<br />4. Workers' Compensation (WC). As required by the State of California, with statutory limits,
<br />and Employers' Liability insurance with a limit of no less than$1,000,000 per accident, per
<br />employee, per policy for bodily injury or disease.
<br />If Consultant maintains broader coverage and/or higher limits than the minimums shown above,
<br />City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant.
<br />Any available insurance proceeds in excess of the specified minimum limits of insurance and
<br />coverage shall be available to City.
<br />Other Insurance Provisions
<br />The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to
<br />be covered as additional insureds, under Company's CGL, and E&O policies, with respect to
<br />liability arising out of work operations performed by or on behalf of Consultant including
<br />materials, parts, and equipment furnished in connection with such work or operations.
<br />2. To the extent permitted by law, Consultant's Insurance companies agree to waive all rights of
<br />Page 3 of 10
<br />
|