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ITEM 2 Identity Protection FormIV OtSTF O MINNESOTAeV DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Administration Lori Johnson, City Administrator March 30, 2015 PRESENTER(s): REVIEWED BY: ITEM #:2 Lori Johnson, City Administrator Andy MacArthur, City Attorney AGENDA ITEM DETAILS RECOMMENDATION: Recommend adoption of the attached Identity Protection Form. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? BACKGROUND/JUSTIFICATION: City Attorney Andy MacArthur has drafted the attached Identity Protection Form for payment to employees or individuals who were or are in the future affected by breach of security by the City. The agreement calls for annual payment of security/identity theft services for up to three years. SUPPORTING DOCUMENTS: Xo ATTACHED ❑ NONE POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve the Identity Protection Form as drafted by the City Attorney. BUDGET INFORMATION FUNDING: Council Contingency ACTION TAKEN BUDGETED: o YES X ❑ NO o APPROVED AS REQUESTED o DENIED o TABLED o OTHER (List changes) COMMENTS: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RECEIPT AND ACKNOWLEDGMENT OF FUNDS RECEIVED FOR OBTAINING IDENTITY PROTECTION SERVICES AND HOLD HARMLESS AND INDEMNIFICATION IF FUNDS ARE NOT USED FOR THE STATED PURPOSE will receive payment from the City of Otsego to pay for privately held identity protection services, said payments to be made by the City of Otsego for a period of three (3) years, commencing on , 2015. For convenience sake, payments will be made on a yearly basis based upon submission to the City of satisfactory documentation indicating that the individual has executed an agreement for the identity services effective through at least the year of payment. Additional documentation (if necessary) shall be submitted yearly prior to City payment. The City of Otsego shall continue to make such payments for said period of three (3) years for the sole purpose of obtaining and paying for identity protection services over that time period. The undersigned individual understands that such payments are made by the City only for that purpose, and agrees to obtain such services and make regular payments from funds received from City, or paid as reimbursement for the cost of said services. In exchange for the funds received, the undersigned agrees that should it not use the funds for identity service protection as agreed, that it shall hold harmless and indemnify the City of Otsego, its officers, employees, agents, representatives and contractors from any and all claims or causes of action of whatever nature arising from the failure to obtain identity protection, including claims made by the undersigned or third parties. Any funds received from the City for the purpose of obtaining identity protection services and not utilized for that purpose shall be immediately returned to the City. Dated: