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Agmt26 Ichi Plan, Inc.
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Agmt26 Ichi Plan, Inc.
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Last modified
3/23/2026 11:39:03 AM
Creation date
3/23/2026 11:38:54 AM
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Agreement
PROJECT NAME
SAAS Procurement and Professional Services Agreement - ICHI Plan, Inc.
RMP File Number
304.5
Date
3/6/2026
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REV: 02-25-26 LF <br />(ii) Provider shall report a Security Incident to the appropriate City Identified <br />Contact immediately. <br />(iii) If Provider has actual knowledge of a confirmed Data Breach that affects <br />the security of any City Data, Provider shall (1) promptly notify the appropriate <br />City Identified Contact within 24 hours or sooner, unless shorter time is required <br />by applicable law, and (2) take commercially reasonable measures to address the <br />Data Breach in a timely manner. <br />(iv) Provider shall (1) cooperate with the City as reasonably requested by the <br />City to investigate and resolve the Data Breach, (2) promptly implement necessary <br />remedial measures, if necessary, and (3) document responsive actions taken related <br />to the Data Breach, including any post-incident review of events and actions taken <br />to make changes in business practices in providing the Services, if necessary. <br />(v) Unless otherwise stipulated, if a Data Breach is a direct result of Provider’s <br />breach of its contractual obligation to secure City Data in accordance with this <br />Agreement and the Security Policy or otherwise prevent its release, Provider shall <br />bear the costs associated with (1) the investigation and resolution of the Data <br />Breach; (2) notifications to individuals, regulators or others required by state law; <br />(3) a credit monitoring service required by state (or federal) law; (4) a website or a <br />toll-free number and call center for affected individuals required by state law — all <br />not to exceed the average per record per person cost calculated for data breaches in <br />the United States (currently $225 per record/person) in the most recent Cost of Data <br />Breach Study: Global Analysis published by the Ponemon Institute at the time of <br />the Data Breach; and (5) complete all corrective actions as reasonably determined <br />by Provider based on root cause. <br />11. Service Level Requirements. <br />a. Upon completion of the Implementation Services, the City will test the hosted <br />environment to ensure processing in accord with the requirements below, and, based on <br />this testing, Provider will use reasonable efforts to configure and optimize the hosted <br />environment that is used by the services in the event that the City notifies Provider (to <br />include providing Provider with documented testing results) that the testing demonstrates <br />processing not in accord with the terms of this Section 11 or the Cloud Services SLA. These <br />processing requirements apply to all standard transactions such as queries, data retrieval, <br />data entry and navigating through screens in the Software. <br />b. The bandwidth and network availability for the SaaS Solution shall be as follows: <br />(i) Provider will provide network bandwidth between its servers and the <br />Internet at levels that will provide dependable and stable access, allowing the <br />product to operate as intended. Uptime will be at least 99%, excluding (i) the period <br />of time that the Software may not be available for scheduled maintenance for which <br />Provider notifies the City reasonably in advance (which may be provided by email) <br />ATTY/AGR.2026.050/ICHI Plan, Inc. (AI enabled Software Solution) (Page 6 of 31)
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