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<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 Customer’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 />
<br />MINIMUM SCOPE AND LIMIT OF INSURANCE
<br />Coverage shall be at least as broad as:
<br />
<br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
<br />CGL on an “occurrence” basis, including products and completed operations, property damage,
<br />bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence
<br />and $4,000,000 general aggregate.
<br />
<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 />Consultant.
<br />
<br />3. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any
<br />auto, with limits no less than $1,000,000 combined single limits.
<br />
<br />4. Workers’ Compensation (W/C): as required by the State of California, with statutory limits,
<br />and Employer’s Liability insurance with limits of no less than $1,000,000 per accident, policy,
<br />employee, for bodily injury or disease.
<br />
<br />If Consultant maintains broader coverage and/or higher limits than the minimums shown above
<br />for any line of coverage, Customer 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 Customer.
<br />
<br />Other Insurance Provisions
<br />The above required insurance policies are to contain or be endorsed to contain the following
<br />provisions:
<br />
<br />1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers
<br />are to be covered as additional insureds, under Consultant’s CGL and E&O policies, with
<br />respect to any liability arising out of work or operations performed by or on behalf of the
<br />Consultant including materials, parts, equipment, and personnel furnished in connection with
<br />such work or operations.
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