2017/10/04 Council Agenda Packet

F i M City of Everett i Cloud and/or Offsite Hosting Terms and Conditions i ONLINE REGISTRATION AND SERVICING AGREEMENT between CiTY OF EVERETT and 1 CIVICPLUS, INC.dba CIVICPLUS(Service Provider) k Exhibit B i This document is part of the Agreement and this document supersedes any inconsistent i provisions in the Agreement. Terms and Conditions Clauses 143 are mandatory for every engagement. i i Insurance Coverage The Service Provider shall maintain a Cyberliability policy with a$3,000,000 per occurrence limit. The policy shall comply with the following requirements: • issued by an insurance company acceptable to the City of Everett and valid for the entire term of the contract, inclusive of any term extension(s). '" • Liability limits will be calculated based on the maximum system record count and the Ponemon Institute average Public Sector Breach cost per record (currently$154). Refer to the Tiered ' Coverage Schedule above. a • Shall include, but not be limited to, coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, and liability assumed under an insured contract. • At a minimum, the policy must include third party coverage for credit monitoring; notification costs to data breach victims; and regulatory penalties and fines. • Shall apply separately to each insured against whom claim is made or suit is brought subject to t the Service Provider's limit of liability. i • Shall include a provision requiring that the policy cannot be cancelled without thirty days written I notice to the City of Everett. i • The Service Provider shall be responsible for any deductible or self-insured retention contained in S the insurance policy. i • The coverage under the policy shall be primary, and not excess,to any other insurance carried by the Service Provider. • In the event contractor fails to keep in effect at all times the insurance coverage required by this provision, the City may, in addition to any other remedies it may have, terminate the contract 1 upon the occurrence of such event, subject to the provisions of the contract. r • The Service Provider shall maintain a$5,000,000 umbrella liability policy in addition to the above E Cyberliability policy. 7 i 5. Breach Notification and Recovery: City of Everett requires public breach notification when 3 citizens' personally identifiable information is lost or stolen.Additionally, unauthorized access or t disclosure of non-public data is considered to be a breach. The Service Provider will provide notification without unreasonable delay and all communication shall be coordinated with the City ( of Everett. When the Service Provider or their subcontractors are solely liable for the loss, the Service Provider shall bear all costs associated with the investigation, response and recovery from the breach including but not limited to credit monitoring services with a term of at least 3 1 years, mailing costs, website, and toll free telephone call center services. The City of Everett shall not agree to any limitation on liability that relieves a Contractor from its own negligence or to the extent that it creates an obligation on the part of the State to hold a Contractor harmless. • G S 6. Notification of Legal Requests: The Service Provider shall contact the City of Everett upon li receipt of any electronic discovery, litigation holds, discovery searches, and expert testimonies r related to, or which in any way might reasonably require access to the data of the City. The z Service Provider shall not respond to subpoenas, service of process, and other legal requests related to the City of Everett without first notifying the City unless prohibited by law from providing such notice. i I 2WPage .i f 29 R 1