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REV: 06-24-22 RL contractors have access to the City’s network or City Data while providing Services will be secured using a virtual private network or similar protocol. City Data that is stored by Provider will only be stored on servers, which are located in the United States of America. Provider shall not allow its personnel or contractors to store City Data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. Provider shall permit its personnel and contractors to access City Data remotely only as required to provide the Services or to provide technical support. c. Provider shall inform the City of any Security Incident or Data Breach in accordance with the following protocols: (i) Provider may need to communicate with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in this Agreement. Discussing Security Incidents with the City should be handled on an urgent as-needed basis, as part of Provider communication and mitigation processes as mutually agreed upon, defined by law or contained in this Agreement. (ii) Provider shall report a Security Incident to the appropriate City Identified Contact immediately. (iii) If Provider has actual knowledge of a confirmed Data Breach that affects the security of any City Data, Provider shall (1) promptly notify the appropriate City Identified Contact within 24 hours or sooner, unless shorter time is required by applicable law, and (2) take commercially reasonable measures to address the Data Breach in a timely manner. (iv) Provider 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. (v) Unless otherwise stipulated, if a Data Breach is a direct result of Provider’s breach of its contractual obligation to secure City Data in accordance with this Agreement and the Security Policy or otherwise prevent its release, Provider 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 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 Provider based on root cause. 11. Service Level Requirements. a. Upon completion of the Implementation Services, the City will test the hosted environment to ensure processing in accord with the requirements below, and, based on this testing, Provider will use reasonable efforts to configure and optimize the hosted environment that is used by the services in the event that the City notifies Provider (to include providing Provider with documented testing results) that the testing demonstrates processing not in ATTY/AGR.2022.156/Granicus (Online agenda and meeting hosting and indexing) (Page 5 of 32)