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Offsite/Cloud Addendum - 3 <br /> <br />8. Notification of Legal Requests: The Vendor shall notify the City <br />upon receipt of any electronic discovery, litigation holds, discovery <br />searches, and expert testimonies related to, or which in any way might <br />reasonably require access to, the data of the City, unless prohibited by <br />law from providing such notice. The Vendor shall not respond to <br />subpoenas, service of process, and other legal requests related to the <br />City without first notifying the City and providing the City a reasonable <br />opportunity to respond, unless prohibited by law from providing such <br />notice and opportunity. <br />9. Termination and Suspension of Service: In the event of termination <br />or expiration of the Agreement, the Vendor shall implement an orderly <br />return of City data in CSV or XML or another mutually agreeable <br />format. The Vendor shall guarantee the subsequent secure disposal of <br />City data. <br />a. Suspension of services: During any period of suspension or <br />contract negotiation or disputes, the Vendor shall not take any <br />action to intentionally erase any City data. <br />b. Termination or Expiration of any services or Agreement in <br />entirety: In the event of termination or expiration of any services <br />or the Agreement in entirety, the Vendor shall not take any <br />action to intentionally erase any City data for a period of 90 days <br />after the effective date of the termination/expiration. After such <br />90-day period, the Vendor shall have no obligation to maintain <br />or provide any City data and shall thereafter, unless legally <br />prohibited, dispose of all City data in its systems or otherwise in <br />its possession or under its control as specified in section 9.d <br />below. Within this 90-day period, Vendor will continue to secure <br />and back up City data covered under the Agreement. <br />c. Post-Termination Assistance: The City shall be entitled to any <br />post-termination assistance generally made available with <br />respect to the services provided under the Agreement unless a <br />unique data retrieval arrangement has been established as part <br />of the Agreement or otherwise agreed in writing by the Vendor <br />and the City. <br />d. Secure Data Disposal: When requested by the City or when <br />required under section 9.b above, the Vendor shall destroy all <br />requested data in all of its forms, for example: disk, CD/DVD, <br />backup tape, and paper. Data shall be permanently deleted and <br />shall not be recoverable, according to National Institute of <br />Standards and Technology (NIST) approved methods, and <br />certificates of destruction shall be provided to the City. <br />10. Background Checks: The Vendor shall conduct criminal background <br />checks and not utilize any staff, including subcontractors, to fulfill the <br />obligations of the Agreement who have been convicted of any crime of