Agmt21 Cleverciti Systems, Corp.

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15.4 Upon written request of the disclosing Party, all copies of the disclosing Party's Confidential Information will be returned to the disclosing Party or promptly destroyed. 15.5 Contractor acknowledges that City is a public agency that is subject to the Brown Act (Gov. Code Section 5490 et seq.), and the California Public Records Act (Gov. Code Section 6250 et seq.), and that this Agreement or portions thereof and other information provided by Contractor may be subject to public disclosure without notice to Contractor. City will endeavor to provide Contractor with prompt notice of any public - record request relating to this Agreement and allow Contractor to identify information that Contractor believes is exempt from public disclosure under California law. 15.6 The Parties expressly agree that this Section 15 5 shall survive the expiration or termination of this Agreement. 15.7 Contractor will ensure that each Subcontractor agrees to be bound by the provisions of this Section 15 as they apply to any Confidential Information of the City. 16. Data Protection. 16.1 Data Security. Contractor will use, at a minimum, NIST -approved technical and organizational security measures to store City Data. These measures are designed to protect the integrity of City Data and guard against unauthorized or unlawful access. 16.2 Electronic Commerce. Contractor shall protect data in accordance with the Payment Card Industry Data Security Standard on behalf of the City, relating to City activities when cardholder information is entered, accessed, transferred, stored or processed by Contractor or through their system. 16.3 Confidential Information. Contractor shall treat all City Data, Personal Data and Non -Public Data, including but not limited to remote access, such as instructions, user IDs and Passwords, as Confidential Information. In no case shall Contractor allow a third party access to Data, Personal Data or Non -Public Data, including but not limited to customer information and proprietary Confidential Information, without the express written consent of the City. 16.4 Protection. Protection of personal privacy and data shall be an integral part of the business activities of Contractor to protect against inappropriate or unauthorized access or use of City Data or City Solution Data at any time. To this end, Contractor shall safeguard the confidentiality, integrity and availability of City Data and City Solution Data and comply with the following conditions: 16.4.1 Contractor shall implement and maintain appropriate administrative, technical and organizational security measures to safeguard against unauthorized access, disclosure or theft of City Data and City Solution Data. Such security measures shall be in accordance with recognized industry practice. REV: 12-10-2020 SK ATN/AGR.2020.282/Clevemiti (Parking Guidance System Project) (Page 11 of 54)