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Agreement for TruePoint Services City of Redwood City 6.5 Breach Responsibilities. This section only applies when a Data Breach occurs with respect to Customer Data within the possession or control of Consultant. 6.5.1 Consultant, unless stipulated otherwise, shall immediately notify the Contract Officer by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a Security Incident. 6.5.2 Consultant, unless stipulated otherwise, shall promptly notify the Contract Officer within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it confirms that there is, or reasonably believes that there has been a Data Breach. Consultant shall (1) cooperate with the City as reasonably requested by the City to investigate and resolve the Data Breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the Data Breach, including any post -incident review of events and actions taken to make changes in business practices in providing the Services, if necessary. 6.5.3 Unless otherwise stipulated, if a Data Breach is a direct result of Consultant's breach of its contractual obligation to encrypt Customer Data or otherwise prevent its release, Consultant shall bear the costs associated with (1) the investigation and resolution of the Data Breach; (2) notifications to individuals, regulators or others required by state (or federal) law; (3) a credit monitoring service required by state (or federal) law; (4) a website or a toll-free number and call center for affected individuals required by state law —all not to exceed the average per record per person cost calculated for data breaches in the United States (currently $225 per record/person) in the most recent Cost of Data Breach Study: Global Analysis published by the Ponemon Institute at the time of the Data Breach; and (5) complete all corrective actions as reasonably determined by Consultant based on root cause. 7.0 INSURANCE. Consultant shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A -:VII". 7.1 Coverages and Limits. Consultant, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. 7.1.1 Commercial General Liability Insurance. Consultant shall maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. if the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. REV; 04-23-19 PR Page 6 of 64 ATTY/AGR.2019.106/TruePoint TrueBill Utility Billing System