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(9)
<br />including but not limited to infringement of copyright, trademark, trade dress, invasion of
<br />privacy violations, information theft, damage to or destruction of electronic information,
<br />release of private information, and alteration of electronic information. The policy shall
<br />provide coverage for breach response costs, regulatory fines and penalties as well as credit
<br />monitoring expenses.
<br />■ Technology Professional Liability Errors and Omissions Insurance
<br />appropriate to the Consultant's profession and work hereunder, with limits not
<br />less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to
<br />respond to the duties and obligations as is undertaken by the Vendor in this
<br />agreement and shall include, but not be limited to, claims involving security breach,
<br />system failure, data recovery, business interruption, cyber extortion, social
<br />engineering, infringement of intellectual property, including but not limited to
<br />infringement of copyright, trademark, trade dress, invasion of privacy violations,
<br />information theft, damage to or destruction of electronic information, release of
<br />private information, and alteration of electronic information. The policy shall
<br />provide coverage for breach response costs, regulatory fines and penalties as well
<br />as credit monitoring expenses.
<br />• The Policy shall include, or be endorsed to include, property damage
<br />liability coverage for damage to, alteration of, loss of, or destruction of
<br />electronic data and/or information "property" of the Agency in the care,
<br />custody, or control of the Vendor. If not covered under the Vendor's
<br />liability policy, such "property" coverage of the Agency may be endorsed
<br />onto the Vendor's Cyber Liability Policy as covered property as follows
<br />If the Contractor maintains broader coverage and/or higher limits than the minimums shown
<br />above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits
<br />maintained by the Contractor. Any available insurance proceeds in excess of the specified
<br />minimum limits of insurance and coverage shall be available to the Entity.
<br />Other Insurance Provisions
<br />The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />Additional Insured Status
<br />The Entity, its officers, officials, employees, and volunteers are to be covered as additional
<br />insureds on the CGL policy with respect to liability arising out of work or operations performed by
<br />or on behalf of the Contractor including materials, parts, or equipment furnished in connection
<br />with such work or operations. General liability coverage can be provided in the form of an
<br />endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if
<br />not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG
<br />20 37 if a later edition is used).
<br />Primary Coverage
<br />For any claims related to this contract, the Contractor's insurance coverage shall be primary
<br />coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials,
<br />employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers,
<br />officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not
<br />contribute with it.
<br />Notice of Cancellation
<br />Each insurance policy required above shall provide that coverage shall not be canceled, except
<br />with notice to the Entity.
<br />City of Santa Ana RFP No. 23-165 Page 12 of 196
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