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DocAccess Service Proposal for City of Santa Ana, CA Page 13 of 15
<br />Company shall procure and maintain for the duration of the contract insurance against claims for security breaches,
<br />system failures, injuries to persons, damages to software, and damages to property (including computer equipment),
<br />theft, or other misuse of 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 Company, its agents,
<br />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 Form CG 00 01 covering CGL on an “occurrence” basis,
<br />including products and completed operations, property damage, bodily injury and personal & advertising injury with
<br />limits no less 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 or claim and $2,000,000 aggregate.
<br />Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Company in this
<br />agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery,
<br />business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited
<br />to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of
<br />private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well
<br />as credit monitoring expenses.
<br />3.Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to the Company’s profession
<br />and work hereunder, with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be
<br />sufficiently broad to respond to the duties and obligations as is undertaken by the Company in this agreement and shall
<br />include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information,
<br />and alteration of electronic information. The policy shall provide coverage for Company’s failure to provide professional
<br />services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to,
<br />alteration of, loss of, or destruction of electronic data and/or information “property” of Customer in the care, custody,
<br />or control of Company.
<br />4.Workers’ Compensation (WC): As required by the State of California, with statutory limits, and Employer’s Liability
<br />insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease.
<br />If Company maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage,
<br />Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Company. Any
<br />available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
<br />Customer.
<br />Other Insurance Provisions
<br />The above required insurance policies are to contain or be endorsed to contain the following provisions:
<br />1.City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as
<br />additional insureds, under Company’s CGL policy, with respect to any liability arising out of work or operations
<br />performed by or on behalf of the Company including materials, parts, equipment, and personnel furnished in
<br />connection with such work or operations.
<br />2.Company’s Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council,
<br />its officers, officials, employees, agents, and volunteers for losses paid under the terms of the Company’s CGL, CL,
<br />and WC policies which arise from work performed by Company under this Agreement.
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