Smyrna IGA for Antenna 5.1.2026 edits
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16 Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim when Contractor has access to minors, seniors, disabled, inmates, and other vulnerable populations. The policy shall provide continuing liability coverage (“tail”) in force for at least five (5) years. F. Professional Liability (Errors and Omissions) Coverage: $1,000,000 per occurrence or claim and $2,000,000 in the aggregate in the event that Contractor is performing professional services (such as, design, architectural, legal, medical, engineering, technology, etc.) 1) In the event Contractor is performing technology services and/or providing software or data, Technology and Errors and Omissions coverage shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 2) No professional liability policy written on an occurrence form may include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (2) years after the expiration of cancellation of this Agreement. 3) If Contractor’s professional liability policy is a “claims made” policy, then continuing liability coverage (“tail”) shall be in force for at least five (5) years. G. Cyber Liability Insurance: $1,000,000 per occurrence is required in the event that Contractor provides information technology services, including cloud-based, to County, accesses County’s networks/systems, and/or collects, processes, manages, or stores sensitive electronic data. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. H. Builder’s “All Risk” Insurance: If applicable and in the event Contractor is performing vertical construction services under the Agreement, Contractor shall procure and maintain “All-Risk” Builder’s insurance, written on a commercially recognized policy form, providing coverage for the Work performed under the contract, and the materials, equipment or other items incorporated therein, while the same are located at the construction site, stored off-site, or at the place of manufacture. The policy limit shall be in a minimum amount equal to the “full insurable value “of such equipment and 100% of the value of the Agreement, including any additional costs which are normally insured under such policy. The insurance coverage shall include boiler and machinery insurance on a comprehensive basis and include coverage against damage or loss caused by earth movement (including but not limited to earthquake, landslide, subsidence and volcanic eruption), fire, flood, hurricanes, explosion, hail, lighting, weather, vandalism, malicious mischief, wind, collapse, riot, aircraft, smoke, or other cataclysmic events, and coverage against damage or loss caused by machinery accidents and operational and performance testing, commissioning and start-