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XlX. Protection of Gonfidential lnformation
<br />The CONSULTANT acknowledges that some of the material and information that may come into its possession
<br />or knowledge in connection with this AGREEMENT or its performance may consist of information that is
<br />exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
<br />local, state, or federal statutes ("State's Confidential Information"). The 'oState's Confidential Information"
<br />includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
<br />financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or
<br />any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
<br />and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
<br />proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
<br />project that relates to any of these types of information. The CONSULTANT agrees to hold the State's
<br />Confidential Information in strictest confidence and notto make use of the State's Confidential lnformation for
<br />any pu{pose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-
<br />consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
<br />and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
<br />without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release
<br />such information or material only to employees, sub-consultants or subcontractors who have signed a
<br />nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
<br />CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
<br />access to the State's Confidential Information.
<br />Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
<br />AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's
<br />Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii)
<br />take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential
<br />Information.
<br />As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
<br />the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
<br />which the State's Confidential Information was received; who received, maintained, and used the State's
<br />Confidential Information; and the final disposition of the State's Confidential Information. The
<br />CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
<br />AGENCY.
<br />The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
<br />collected, usedo or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
<br />investigating may include, but is not limited to, salting databases.
<br />Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
<br />termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary
<br />damages, or penalties
<br />It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
<br />is proprietary andlor confidential during the term of this AGREEMENT. The parties agree to maintain the
<br />confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
<br />containing such proprietary and/or confidential information shall be clearly identified and marked as
<br />"Confidential" and shall be returned to the disclosing parly at the conclusion of the SERVICES under this
<br />AGREEMENT.
<br />Local Agency A&E Professional Services
<br />Negotiated Hourly Rate Consaltant Agreen ent
<br />Agreement Namber _
<br />fog" 12 ofURevised 01/01/2020
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