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25J - PO FOR LAPTOP KIOSK
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25J - PO FOR LAPTOP KIOSK
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Last modified
11/25/2020 12:16:04 PM
Creation date
11/25/2020 12:07:05 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Library
Item #
25J
Date
12/1/2020
Destruction Year
2025
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Exhibit 2 <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the <br />Labor Code, Laptops Anytime, if Laptops Anytime has any employees, is required to he insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Laptops Anytime agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />D. Technology Professional Liability Errors and Omissions Insurance appropriate to the <br />Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence. <br />Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by <br />Laptops Anytime in this Agreement and shall include, but not be limited to, claims involving <br />infringement of intellectual property, copyright, trademark, invasion of privacy violations, information <br />theft, release of private information, extortion and network security. The policy shall provide coverage <br />for breach response costs as well as regulatory fines and penalties as well as credit monitoring <br />expenses with limits sufficient to respond to these obligations. <br />1) The Policy shall include, or be endorsed to include, property damage liability coverage for <br />damage to, alteration of, loss of, or destruction of electronic data and/or information <br />"property" of the City in the care, custody, or control of Laptops Anytime. If not covered <br />under Laptops Anytime's liability policy, such "property" coverage of the City may be <br />endorsed onto the City's Cyber Liability Policy as covered property as follows: <br />2) Cyber Liability coverage in an amount sufficient to cover the full replacement value of <br />damage to, alteration of, loss of, or destruction of electronic data and/or information <br />"property" of the City that will be in the care, custody, or control of Vendor. <br />3) The Insurance obligations under this agreement shall be the greater of 1—all the Insurance <br />coverage and limits carried by or available to Laptops Anytime; or 2— the minimum <br />Insurance requirements shown in this agreement. Any insurance proceeds in excess of the <br />specified limits and coverage required, which are applicable to a given loss, shall be <br />available to City. No representation is made that the minimum Insurance requirements of <br />this agreement are sufficient to cover the indemnity or other obligations of Laptops <br />Anytime under this agreement. <br />E. The following requirements applyto the insurance to be provided by Laptops Anytime pursuant <br />to this section: <br />1) LaptopsAnytime shall maintain all insurance required above in full force and effect forthe <br />entire period covered by this Agreement. <br />2) Certificates of insurance shall be furnished to the City upon execution of this Agreement <br />and shall be approved by the City. <br />3) Certificates and policies shall state that the policies shall not be canceled or reduced in <br />coverage or changed in any other material aspect without thirty (30) days prior written notice to the <br />City. <br />4) Where the amounts or coverage provided by the certificates of insurance provides <br />coverage greater than those listed by this Agreement, the amounts provided by the certificates of <br />insurance shall be incorporated by reference into the Agreement. <br />5) LaptopsAnytime shall supply City with a fully executed additional insured endorsement- <br />F. If Laptops Anytime fails or refuses to produce or maintain the insurance required by this section <br />or fails or refuses to furnish the City with required proof that insurance has been procured and is in <br />25J-8 <br />
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