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Everbridge agreement
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2021-07-06 10:00 AM - Commissioners' Agenda
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Everbridge agreement
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Last modified
7/13/2021 12:35:39 PM
Creation date
7/13/2021 12:35:29 PM
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Meeting
Date
7/6/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
h
Item
Request to Approve a Master Services Agreement with Everbridge for Mass Notification Pro from June 6, 2021 through August 31, 2022
Order
8
Placement
Consent Agenda
Row ID
78209
Type
Agreement
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Clienb purchasing Visual Command Center or Signal products turther agree that they will comply with the Data Feed <br />Terms and Gonditions found at httos:/Aryww.everbridoe.com/wo+ontenVuoloads/Data-Feed-TermC-and-Conditions-Oct- <br />2019.odf. <br />6. Resldent Connection Data. lf a Client is a governmental entity and is purchasing Resident Connection Data, Everbridge <br />provides to Client a limited, non€xclusive, non-transferable, non+ublicensable, right to use mobile, landline and Vo'ip <br />telephone records ("Resldent Connection Data') in connection with emergency notifications sent through the Everbridge <br />Solutions. Resident Connection Data is Confidential lnformation of everbridge and is subject to the confidential-ity <br />obligations in Section 7 and the license restrictions in Section 6.2 of this Agreehent. Unless provided herein, Resideni <br />Connection Data is owned expressly by Everbridge and rights to use suih data terminates upon the termination or <br />expiration of this Agreement. <br />7. lncldenl ManagemenUlT Aletting. lf a Client is purchasing the lncident Management or lT Alerting Solution, (a) Clients <br />may only designate the number of Users set forth on the Quote, and such individuals shall only hive the aoceis dghb <br />pursuant to such designation and role; (b) 'lncident Administrators' are authorized by Client as an administrator foathe <br />lncident Management or.lT Alerting Solution components and are typically responsible for the configuration of lT Alerting <br />as well as managing and reporting on lncidents ; (c) 'lnddent Operators" are authorized by Client ls an operator of th6 <br />lncident M_anag-ement or lT Alerting Solution and are typically responsible for launching/managing lncidents; and (d) "Group <br />Managers' shall have the ability to build, manage and/or participate in on-call schedules to receive lT related noiificafioni. <br />Everbridge may limit or throttle Client's automated use of frre lncident Management or lT Alerting Solution in order to <br />protect the stability and security of the Solution. <br />8. S.ec.yre llessaglng. lf a Glient is purchasing pe6r to peer secure messaging solutions ('secure Messaging'), Everbridge <br />shall comp_ly with all applicable privacy laws, including in the United States, the Health lnsurance e6rtaUility anO <br />Accountability Act of 1996 ("H|PAA'), the Health lnformation Technology for Economic and Clinical Health Act CHFECHAcf), the Gramm-Leach-Bliley Act, and the Fair Credit Reporting Act, as applicable based on solution purchised. For <br />clients based in the United States, our Secured Messaging producls for healthcare are subject to our Business AssociateAgreement, available at httos://rrwvw.everbridqe.com/wo-contenUuoloads/201 5/07/8uiiness-Associate-Formlkd-v1- <br />7.7.15'odt,wttichisincorporatedandmadeapartofthisAgreement.ctient <br />Messaging solutions are inlended to deliver non+ritical, non-emergency messages between users aJa convenience to <br />facilitate communications and are not intended for or suitable for use in situations where a failure or time delay ot, or errors <br />or inaccuracies in, the content, data or information provided through the services could lead to death, persbnal injury or <br />property damage. <br />Non-Emercencv 4llesaEino <br />1. lf Client is using the solution to send non-emergency calls, text messages or emails to consumers, Client expressly agrees <br />to comply with applicable consumer protection laws, including in the United States, the Telephone Consumer Protetton Rct <br />9f 1-p91, including its implementing regulations, and in the CAN-SPAM Act of 2003, and any other similar laws and regulation <br />(collectively, 'Consumer ProtecUon Law"). Glient shall not violate these or others applicable laws and warrants tnat it shall <br />receive express consent from Contacb if iB messages fall within these Consumer Protection Laws. Client shall defend, <br />indemniff and hold Everbridge harmless from any violation by Client of Consumer Protection Law. Client further agrees thatany marketing or sales related text messages will comply with the policies and guidelines of the Mobile Marketing <br />Association found at httc://mmaqlobal.com/oolicies/code-of-conduct. <br />2
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