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<br />Exhibit B - 3 <br /> <br />6. Notification of Legal Requests: The Service Provider shall contact the City of Everett upon receipt of any <br />electronic discovery, litigation holds, discovery searches, and expert testimonies related to, or which in <br />any way might reasonably require access to the data of the City. The Service Provider shall not respond <br />to subpoenas, service of process, and other legal requests related to the City of Everett without first <br />notifying the City unless prohibited by law from providing such notice. <br /> <br />7. Termination and Suspension of Service: In the event of termination of the contract, the Service Provider <br />shall implement an orderly return of City of Everett data in CSV or XML or another mutually agreeable <br />format. The Service Provider shall guarantee the subsequent secure disposal of City of Everett data. <br /> <br />a) Suspension of services: During any period of suspension or contract negotiation or disputes, <br />the Service Provider shall not take any action to intentionally erase any City of Everett data. <br /> <br />b) Termination of any services or agreement in entirety: In the event of termination of any services or <br />agreement in entirety, the Service Provider shall not take any action to intentionally erase any City of <br />Everett data for a period of 90 days after the effective date of the termination. After such 90 day <br />period, the Service Provider shall have no obligation to maintain or provide any City of Everett data <br />and shall thereafter, unless legally prohibited, dispose of all City of Everett data in its systems or <br />otherwise in its possession or under its control as specified in section 7d) below. Within this 90 day <br />timeframe, vendor will continue to secure and back up City of Everett data covered under the <br />contract. <br /> <br />c) Post-Termination Assistance: The City of Everett shall be entitled to any post-termination <br />assistance generally made available with respect to the Services unless a unique data retrieval <br />arrangement has been established as part of the Service Level Agreement. <br /> <br />d) Secure Data Disposal: When requested by the City of Everett, the provider shall destroy all <br />requested data in all of its forms, for example: disk, CD/DVD, backup tape, and paper. Data shall be <br />permanently deleted and shall not be recoverable, according to National Institute of Standards and <br />Technology (NIST) approved methods and certificates of destruction shall be provided to the City of <br />Everett. <br /> <br />8. Background Checks: The Service Provider shall conduct criminal background checks and not utilize any <br />staff, including sub-contractors, to fulfill the obligations of the contract who has been convicted of any <br />crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or <br />any misdemeanor offense for which incarceration for a minimum of 1 year is an authorized penalty. The <br />Service Provider shall promote and maintain an awareness of the importance of securing the City's <br />information among the Service Provider's employees and agents. <br /> <br />9. Data Dictionary: Prior to go-live, the Service Provider shall provide a data dictionary. <br /> <br />10. Security Logs and Reports: The Service Provider shall allow the City of Everett access to system security <br />logs that affect this engagement, its data and or processes. This includes the ability for the City of <br />Everett to request a report of the records that a specific user accessed over a specified period of time.