3-BBB Request for IRP and EOP and Non-Disclosure Agreement.pdf

Bristol Bay Borough

Request for Incident Response Plan (IRP) and Emergency

Operations Plan (EOP) and

Non-Disclosure Agreement (NDA)

This IRP and EOP request and Non-Disclosure Agreement (NDA) is entered into as of _________________________________[Date], by and between: Bristol Bay Borough, AK , with principal place of business at P.O. Box 189, Naknek, AK 99633.

and

____________________________________________________________________[Receiving Party’s Name], with principal place of business at:

______________________________________________________________________[Address]

___________________________(City), _______(State) _____________(ZIP)

Hereto referred to as the ’Receiving Party’.

1. Purpose

The Receiving Party is requesting and the Bristol Bay Borough intends to share confidential and proprietary information, the Incident Response Plan (IRP) and the Emergency

Operations Plan (EOP) with its Cybersecurity Annex, with the Receiving Party for the purpose of preparing a proposal in response to the Request For Proposal (RFP) issued on

September 24, 2025 by Bristol Bay Borough, number 25-09, Plan and Execute a Tabletop

Exercise of the Incident Response Plan (IRP) and Emergency Operations Plan (EOP).

2. Definition of Confidential Information

“Confidential Information” means all non-public, proprietary, or confidential information disclosed by the Bristol Bay Borough. Specifically the Incident Response Plan (IRP) and the

Emergency Operations Plan (EOP) and all associated Annexes or materials.

Confidential Information does not include information that:

1. Is or becomes publicly available without breach of this Agreement;

2. Is lawfully received from a third party without restriction;

3. Is independently developed by the Receiving Party without reference to the Bristol Bay

Borough Party’s information; or

4. Is required to be disclosed by law or court order.

3. Obligations of Receiving Party

The Receiving Party agrees to:

- Use the Confidential Information solely for the Purpose described in Section 1.

- Not disclose Confidential Information to any third party without prior written consent of the Bristol Bay Borough.

- Take reasonable measures to protect the confidentiality of the information.

4. Term

This Agreement shall commence on the Effective Date and remain in effect for 5 years from that date, unless earlier terminated in writing by either party.

5. Return or Destruction of Materials

Upon termination of this Agreement, or upon request of the Bristol Bay Borough, the

Receiving Party shall promptly return or destroy all Confidential Information, including copies, summaries, or extracts.

6. No License

Nothing in this Agreement grants the Receiving Party any rights, by license or otherwise, in or to the Confidential Information except as expressly set forth herein.

7. Remedies

The Receiving Party acknowledges that unauthorized disclosure of Confidential Information may cause irreparable harm to the Bristol Bay Borough. The Disclosing Party shall be entitled to seek injunctive relief in addition to any other remedies available at law or equity.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska without regard to conflict of laws principles.

9. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior oral or written understandings.

IN WITNESS WHEREOF

The parties have executed this Agreement as of the Effective Date.

Bristol Bay Borough

By: ___________________________ Name: Todd Hoppe Title: IT Director

Date: _________________________

____________________________________[Receiving Party’s Name]

By: ___________________________ Name:

Title:

Date:_________________________