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process,and other legal requests related to the City of Everett without first notifying the City unless prohibited by law <br /> from providing such notice. <br /> 7. Termination and Suspension of Service: In the event of termination of the contract,the Service Provider shall <br /> implement an orderly return of City of Everett data in CSV or XML or another mutually agreeable format. The <br /> Service Provider shall guarantee the subsequent secure disposal of City of Everett data. <br /> a) Suspension of services: During any period of suspension or contract negotiation or disputes,the Service Provider <br /> shall not take any action to intentionally erase any City of Everett data. <br /> b) Termination of any services or agreement in entirety: In the event of termination of any services or agreement <br /> in entirety,the Service Provider shall not take any action to intentionally erase any City of Everett data for a <br /> period of 90 days after the effective date of the termination.After such 90 day period,the Service Provider shall <br /> have no obligation to maintain or provide any City of Everett data and shall thereafter,upon notice from the City <br /> of Everett and unless legally prohibited,dispose of all City of Everett data in its systems or otherwise in its <br /> possession or under its control as specified in section 7d)below.Within this 90 day timeframe,vendor will <br /> continue to secure and back up City of Everett data covered under the contract according to its usual practices. <br /> c) Post-Termination Assistance: The City of Everett shall be entitled to any post-termination assistance generally <br /> made available with respect to the Services unless a unique data retrieval arrangement has been established as part <br /> of the Service Level Agreement. <br /> d) Secure Data Disposal: When requested by the City of Everett,the provider shall destroy all requested data in all <br /> of its forms,for example: disk,CD/DVD,backup tape,and paper. Data shall be permanently deleted and shall not <br /> be recoverable,according to National Institute of Standards and Technology(NIST)approved methods and <br /> certificates of destruction shall be provided to the City of Everett. <br /> 8. Background Checks: The Service Provider shall conduct criminal background checks and not utilize any staff, <br /> including sub-contractors,to fulfill the obligations of the contract who has been convicted of any crime of dishonesty, <br /> including but not limited to criminal fraud,or otherwise convicted of any felony or any misdemeanor offense for <br /> which incarceration for a minimum of 1 year is an authorized penalty. The Service Provider shall promote and <br /> maintain an awareness of the importance of securing the City's information among the Service Provider's employees <br /> and agents. <br /> 9. Data Dictionary: Prior to go-live,the Service Provider shall provide a data dictionary. <br /> 10. Security Logs and Reports: The Service Provider shall allow the City of Everett access to system security logs that <br /> affect this engagement,its data and or processes.This includes the ability for the City of Everett to request a report of <br /> the records that a specific user accessed over a specified period of time. Maintenance of ISO/IEC 27001 certification <br /> shall satisfy this clause. <br /> 11. Contract Audit: The Service Provider shall allow the City of Everett to audit conformance including contract terms, <br /> system security and data centers as appropriate.The City of Everett may perform this audit or contract with a third <br /> party at its discretion at the City's expense. Such reviews shall be conducted with at least 30 days advance written <br /> notice and shall not unreasonably interfere with the Service Provider's business. Maintenance of ISO/IEC 27001 <br /> certification shall satisfy this clause. <br /> 12. Sub-contractor Disclosure: The Service Provider shall identify all of its strategic business partners related to <br /> services provided under this contract, including but not limited to, all subcontractors or other entities or individuals <br /> who may be a party to a joint venture or similar agreement with the Service Provider,who will be involved in any <br /> application development and/or operations. <br /> 13. Operational Metrics: The Service Provider and the City of Everett shall reach agreement on operational metrics and <br /> document said metrics in the Service Level Agreement. Examples include but are not limited to: <br /> a) Advance notice and change control for major upgrades and system changes <br /> b) System availability/uptime guarantee/agreed-upon maintenance downtime <br /> c) Recovery Time Objective/Recovery Point Objective <br /> d) Security Vulnerability Scanning <br /> Everett Public Library 20170701 Page 11 of 13 OCLC Master Services Agreement <br />