Resolution 2021-54 - Laserfiche WebLink

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Because of limitations on public indebtedness, including Article XI of the Colorado Constitution and § 103 of the City of Louisville Home Rule Charter, the Contractor cannot legally agree to indemnify other parties or hold them harmless. However, Contractor assumes responsibility for its actions and omissions in the performance or failure to perform work authorized by this Addendum, as well as the actions and omissions of its agents and employees. Contractor does not waive or intent to waive the limitations on liability which are provided to the parties, their officers, and employees under the Colorado Governmental Immunity Act, Section. 24-10-101 et. seg., C.R.S. 11. Insurance 11.1 Type. Contractor shall purchase and maintain during the term of this Agreement Technology Errors and Omissions/Professional Liability Insurance, including Network Security and Privacy Liability Insurance. Such policy shall cover professional misconduct or lack of ordinary skill in providing services, systems and/or product as defined in the scope of services of this Agreement. In the event that the professional liability insurance required by this Agreement is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement, and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of one (1) year beginning at the time work under this Agreement is completed. If such insurance is maintained on an occurrence form basis, Contractor shall maintain such insurance for an additional period of one (1) year following termination of this Agreement. If such insurance is maintained on a claims -made basis, Contractor shall maintain such insurance for an additional period of three (3) years following termination of this Agreement. if Contractor contends that it maintains other insurance not specified herein that otherwise satisfies these requirements (or otherwise insures the risks described in this section), then Contractor shall provide proof of same. 11.2 Coverage. The insurance required by this Section shall provide coverage for the following risks: 11.2.1 Any error, misstatement, misleading statement, act, omission, neglect, breach of duty or personal injury offense for the Contractor rendering or failure to render technology services and the failure of the Contractor's technology products to perform the function or serve the purpose intended. l 1.2.2 Liability arising from theta, dissemination and/or use of District Data stored or transmitted in electronic form. 1 1.2.3 Network Security Liability arising fiom the unauthorized access to, use of or tampering with computer systems including hacker attacks, inability of an authorized third party to gain access to Contractor's services including denial of service, unless caused by a mechanical or electrical failure. 1 1.2.4 Liability arising from the introduction of a computer virus, malware or ransomware into, otherwise causing damage to, a customer's or third person's computer, computer system, network or similar computer - related property and the data, sofhvare, and programs thereon. 11.3 Additional Requirements. The policy shall be for the following arnounts: For Agreements with a contract price of S500,000 or less: Minimum Limits: Per Loss $ 1,000,000 Colorado Council of School Board Attorneys, December 10,2016