|
AR1141 AV*
<br /> requirements as are applicable to MTC. This includes, but is not limited to, the secure transport,
<br /> transmission and storage of data used or acquired in the performance of this Agreement.
<br /> • User and User's designated contact(s)agrees to properly secure and maintain any computer systems
<br /> (hardware and software applications)that it will use in the performance of this Agreement. This includes
<br /> ensuring all security patches, upgrades, and anti-virus updates are applied as appropriate to secure
<br /> data, including Confidential Information, which may be used, transmitted, or stored on such systems in
<br /> the performance of this Agreement.
<br /> • User and User's designated contact(s) agree to comply with the information handling and confidentiality
<br /> requirements outlined in the California Information Practices Act(Civil Code sections 1798 et.seq.). In
<br /> addition, User and User's designated contact(s)warrants and certifies that in the performance of this
<br /> Agreement, it will comply with all applicable statutes, rules, regulations and orders of the United States,
<br /> the State of California and MTC relating to information handling and confidentiality of data and agrees
<br /> to indemnify MTC against any loss, cost, damage or liability by reason of User or User's designated
<br /> contact(s)violation of this provision.
<br /> • User and User's designated contact(s)shall not, except as authorized or required by its duties by law,
<br /> reveal or divulge to any person or entity any Confidential Information which becomes known to it during
<br /> the term of this Agreement. User and User's designated contact(s)shall keep all Confidential
<br /> Information entrusted to it completely secret and shall not use or attempt to use any such information in
<br /> any manner which may injure or cause loss, either directly or indirectly, to MTC. User and User's
<br /> designated contact(s)shall comply, and shall cause its employees, representatives, agents and
<br /> subcontractors to comply, with such directions as MTC may make to ensure the safeguarding or
<br /> confidentiality of all its resources. If requested by MTC, User shall sign an information security and
<br /> confidentiality agreement provided by MTC and attest that its employees, representatives, agents, and
<br /> subcontractors involved in the performance of this Agreement shall be bound by terms of a
<br /> confidentiality agreement with User.
<br /> • User or User's designated contact(s) shall immediately notify MTC when it discovers that there may
<br /> have been a breach in security which has or may have resulted in compromise to Confidential
<br /> Information. For purposes of this section, immediately is defined as within two hours of discovery. The
<br /> MTC contact for such notification is as follows: Privacy Officer, Privacyofficer(&-mtc.ca.aov, (510) 817-
<br /> 5700
<br /> • User or User's designated contact(s) failure to comply with any of its duties or obligations under this
<br /> Agreement is grounds for termination of this Agreement by the Metropolitan Transportation Commission
<br /> upon written notification.
<br /> • User shall indemnify, defend and hold harmless MTC, and Parsons Brinckerhoff, Inc., their employees,
<br /> agents, and volunteers, from and against any and all claims, suits, actions,judgments, demands,
<br /> losses, costs, expenses, damages, liability, and attorneys'fees, to the extent caused by the negligent
<br /> acts, errors, or omissions of User, its officers, or employees in the performance of this Agreement.
<br /> • User shall provide name and designated contact information to PB, for the purposes of setting up their
<br /> administrative account, training the contact on the 511 Ridematch Service, and training the contact on
<br /> proper handling of personally identifiable information.
<br /> • User shall train User's designated contact(s)on how to properly handle personally identifiable
<br /> information. Upon signing the attached agreement, User shall provide a copy of the signed agreement
<br /> to PB so that PB may finalize the administrative access.
<br /> • Should there be any changes in roles or responsibilities of designated contacts at the company that
<br /> would negate the need for administrative access, User will notify MTC and PB of changes immediately.
<br /> By signing below, User also agrees to the Terms& Next Steps to provide ETC-administrative access as
<br /> outlined above.
<br /> Si nature
<br /> City of Pleasanto esig ated on t: Lisa Ad os, Ec n is Development Speei�istW AS TO F
<br /> Cityof Pleasanton J
<br /> ATTORNEY
<br /> Date: _____ z,...•
<br /> �qj:�C.j fJ_l 'Sb C13.'���l�-1dV
<br />
|