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City of Everett <br />Cloud and/or Offsite Hosting Terms and Conditions <br />Contract SeeClickFix, per MSA Section 48, between City of Everett and CivicPlus. <br />This document shall become part of the final contract. <br />Terms and Conditions Clauses 1-14 are mandatory for every engagement. Exceptions will be <br />considered non-compliant and non-responsive. <br /> <br />1 | Page <br />1. Data Ownership: The City of Everett shall continue to own all right, title and interest in its owned <br />data that is related to the services provided by this contract. The Service Provider shall not <br />access City of Everett User accounts, or City of Everett Data, except (i) in the course of data <br />center operations, (ii) response to service or technical issues, (iii) as required by the express <br />terms of this contract, or (iv) at City of Everett’s written request. <br /> <br />2. Data Protection: Protection of personal privacy and sensitive data shall be an integral part of the <br />business activities of the Service Provider to ensure that there is no inappropriate or unauthorized <br />use of City of Everett information at any time. To this end, the Service Provider shall safeguard <br />the confidentiality, integrity, and availability of City information and comply with the following <br />conditions: <br /> <br />a) All information obtained by the Service Provider under this contract shall become and remain <br />property of the City of Everett. <br /> <br />b) At no time shall any data or processes which either belongs to or are intended for the use of <br />City of Everett or its officers, agents, or employees, be copied, disclosed, or retained by the <br />Service Provider or any party related to the Service Provider for subsequent use in any <br />transaction that does not include the City of Everett. <br /> <br />3. Data Location: The Service Provider shall not store or transfer non-public City of Everett data <br />outside of the United States. This includes backup data and Disaster Recovery locations. The <br />Service Provider will permit its personnel and contractors to access City of Everett data remotely <br />only as required to provide technical support. <br /> <br />4. Encryption: <br /> <br />a) The Service Provider shall encrypt all non-public data in transit regardless of the transit <br />mechanism. <br /> <br /> <br />Insurance Coverage <br /> <br /> <br />The Service Provider shall maintain a Cyberliability policy with a $3,000,000 per occurrence limit. <br />The policy shall comply with the following requirements: <br />• Issued by an insurance company acceptable to the City of Everett and valid for the entire term of <br />the contract, inclusive of any term extension(s). <br />• Shall include, but not be limited to, coverage for liabilities arising out of premises, operations, <br />independent contractors, products, completed operations, and liability assumed under an insured <br />contract. <br />• At a minimum, the policy must include third party coverage for credit monitoring; notification costs <br />to data breach victims; and regulatory penalties and fines. <br />• Shall apply separately to each insured against whom claim is made or suit is brought subject to <br />the Service Provider’s limit of liability. <br />• Shall include a provision requiring that the policy cannot be cancelled without thirty days written <br />notice to the City of Everett. <br />• The Service Provider shall be responsible for any deductible or self-insured retention contained in <br />the insurance policy.