AWS_Agreement

City of El Mirage — Regular Meeting (2022-05-03)

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AWS GovCloud(US) Terms & Conditions Cover Page 
 
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AMAZON CONFIDENTIAL                                           
2022-03-10 
T&C’s: V539079768 
 
 
 
AWS GOVCLOUD(US) TERMS AND CONDITIONS 
(Cover Page) 
Customer: 
City of El Mirage 
Attachments: 
AWS GovCloud(US) Terms and Conditions 
Effective Date: 
March 10, 2022 
The AWS GovCloud(US) terms and conditions (“Terms”) are the terms and conditions that govern your access to 
and use of the Service Offerings in the AWS GovCloud(US) region. These Terms represent an agreement between 
Amazon Web Services, Inc. (“AWS,” “we,” “us,” or “our”) and you or the entity that you represent (“you,” “your”, 
or “Customer”) and incorporate any additional terms that apply to your use of the Service Offerings, including the 
AWS Customer Agreement available at http://aws.amazon.com/agreement (as updated from time to time) or 
other agreement between you and us (“Agreement”). Capitalized terms used in this Cover Page and not otherwise 
defined herein shall have the meanings set forth in the Agreement. These Terms take effect on the Effective Date 
listed above or, if earlier, when you use any of the Service Offerings that are the subject of these Terms. By 
accepting these Terms, Customer acknowledges that any subsequent accounts created within the GovCloud(US) 
region, will be governed by these Terms.  
 
AMAZON WEB SERVICES, INC. 
Signature:  _____________________________ 
Name:  ________________________________ 
Title:  __________________________________ 
Date Signed:  ___________________________ 
Customer Name:  City of El Mirage 
Signature:  _____________________________ 
Name:  ________________________________ 
Title:  _________________________________ 
Date Signed:  __________________________ 
 
 
 
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AWS GovCloud (US) Addendum for Direct AWS Customers 
 
Last Updated: January 20, 2021 
NOTE: 
 
• 
You may click-through this AWS Govcloud (US) Addendum (“GovCloud Addendum”) to request access to the AWS GovCloud 
(US) regions (referred to as “GovCloud Regions”) only if you are a direct AWS customer (i.e., you have clicked-through the 
AWS customer agreement (aws.amazon.com/agreement) (as updated from time to time) or have entered into another 
agreement with AWS for the use of AWS Services (“Agreement”)).  You may not click-through to request access to the 
GovCloud Regions if you acquire AWS Services through an AWS Solution Provider (“Solution Provider”).   
• 
If you are not a direct AWS customer, please contact your Solution Provider for instructions on how to open an ccount to 
access the AWS GovCloud Regions.   
The GovCloud Adddenum applies to  your/Customers (“your” or “you”) use and access of the Service Offerings in the GovCloud 
Regions.  The GovCloud Addendum supplements your Agreement with AWS.  You represent to us that you are lawfully able to enter 
into contracts including this Addendum,and if you are entering into the GovCloud Addendum for an entity, such as the entity or 
company you work for, you represent to us that you have legal authority to bind that entity.  The GovCloud Addendum takes effect 
the earlier of: (i) when you click an “I Accept” button or check box presented with the GovCloud Addendum; or (ii) when you access 
or use any of the AWS Services in the GovCloud Regions.  Unless otherwise defined in the GovCloud Addendum, all capitalized terms 
will have the meanings ascribed to them in the Agreement.   
 
1. AWS Security.  AWS will implement reasonable and appropriate measures for AWS’s data center facilities, servers, 
networking equipment, and host software systems (e.g., virtual firewalls) that are within AWS’s control and are used to 
provide the Services in the GovCloud Regions (referred to as the “AWS Network”) in accordance with the GovCloudSecurity 
Standards (as defined in paragraph 2).  The GovCloud Security Standards are designed to: (i) help you secure Your 
Content/Customer Content (“Your Content”) against accidental or unlawful loss, access, or disclosure; (ii)  implement the in-
scope Federal Risk and Authorization Management Program (“FedRAMP”) and Department of Defense Cloud Computing 
Security Requriements Guide (“DoD SRG”) controls for the Services identified as FedRamp compliant on the AWS Site (the 
“Services in Scope”), and (iii) maintain physical and logical access controls to limit access to the AWS Network by AWS 
personnel, including employees and contractors, to U.S. citizens, as defined by 8 U.S. Code §1401, et seq. (“U.S. Citizens”) 
((i), (ii) and (iii) collectively the “Security Objectives”). During the term of the GovCloud Addendum, AWS will: (i) use 
commercially reasonable efforts to maintain FedRAMP and DoD SRG authorization at the then-current equivalent 
authorization for the then-current Services in Scope; and (ii) maintain an information security program designed to provide 
at least the same level of protection as evidenced by its FedRAMP and DoD SRG Authorizations to Operate (or its successor 
or equivalent, as reasonably determined by AWS) as of the Addendum Effective Date. 
 
2. GovCloud Security Standards.  AWS will maintain an information security program (including the adoption and enforcement 
of internal policies and procedures) designed to: satisfy the Security Objectives; identify reasonably foreseeable and internal 
risks to security and unauthorized access to the AWS Network; and minimize security risks, including through risk assessment 
and regular testing.  AWS will designate one or more employees to coordinate and be accountable for the information 
security program.  The information security program will include the following measures: (i) Network Security.  The AWS 
Network will be electronically accessible to employees, contractors, and any other person as necessary to provide the 
Services.  AWS will maintain access controls and policies to manage what access is allowed to the AWS Network from each 
network connection and user, including the use of firewalls or functionally equivalent technology and authentication 
controls.  AWS will maintain corrective action and incident response plans to respond to potential security threats; (ii) 
Physical Security (a) Physical components of the AWS Network are housed in nondescript facilities (the “Facilities”).  Physical 
barrier controls are used to prevent unauthorized entrance to the Facilities both at the perimeter and at building access 
points.  Passage through the physical barriers at the Facilities requires either electronic access control validation or validation 
by human security personnel.  Employees and contractors are assigned photo-ID badges that must be worn while the 
employees and contractors are at any of the Facilities.  Visitors are required to sign-in with designated personnel, must show 
appropriate identification, are assigned a visitor ID badge that must be worn while the visitor is at any of the Facilities, and 
are continually escorted by authorized employees or contractors while visiting the Facilities.  (b) AWS provides access to the 
Facilities to those employees and contractors who have a legitimate business need for such access privileges.  When an 
employee or contractor no longer has a business need for the access privileges assigned to him/her, the access privileges are 
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promptly revoked, even if the employee or contractor continues to be an employee of AWS or its affiliates. (c) All access 
points (other than main entry doors) are maintained in a secured (locked) state.  Access points to the Facilities are monitored 
by video surveillance cameras designed to record all individuals accessing the Facilities.  AWS also maintains electronic 
intrusion detection systems designed to detect unauthorized access to the Facilities, including monitoring points of 
vulnerability with door contacts, glass breakage devices, interior motion-detection, or other devices designed to detect 
individuals attempting to gain access to the Facilities.  All physical access to the Facilities by employees and contractors is 
logged and routinely audited; and (iii) Continued Evaluation.  AWS will conduct periodic reviews of the security of its AWS 
Network and adequacy of its information security program as measured against industry security standards and its policies 
and procedures.  AWS will continually evaluate the security of its AWS Network and associated Services to determine whether 
additional or different security measures are required to respond to new security risks or findings generated by the periodic 
reviews. 
 
 
3. Your Obligations.  
 
a. Representations and Warranties.  You represent and warrant that you: (i) are a U.S. Person, as defined by 22 CFR 
part 120.15 (“U.S. Person”); (ii) will only assign a U.S. Person as your account owner for your AWS GovCloud (US) 
account;  (iii) are opening an account on behalf of an organization that is a U.S. entity; (iv) are not subject to U.S. 
export restrictions or sanctions, and are not suspended or debarred from contracting with any U.S. government 
entities u and (v) will, if required by the International Traffic in Arms Regulations (“ITAR”), have and maintain a valid 
Directorate of Defense Trade Controls registration and an effective compliance program to ensure compliance with 
applicable U.S. export control laws and regulations, including the ITAR. If requested by AWS, you agree to provide 
AWS with additional documentation and cooperation to verify the accuracy of the representations and warranties 
set forth in this Section.   
 
b. Your Responsibilities.  You are responsible for all physical and logical access controls beyond the AWS Network 
including, but not limited to, your account access, data transmission, encryption, and appropriate storage and 
processing of data within the GovCloud Regions. You are responsible for verifying that all End Users accessing Your 
Content in the GovCloud Regions are eligible to gain access to Your Content. The Services may not be used to process 
or store classified data. If you introduce classified data into the AWS Network, you will be responsible for all 
sanitization costs incurred by AWS or its Affiliates. Your liability under this provision is exempt from any limitations 
of liability. 
 
4. Termination of the Addendum.  This Addendum shall continue in force until the termination of the Agreement, unless 
terminated earlier by you or AWS in accordance with the Agreement.  
 
5. Nondisclosure.  Except as prohibited by law, you agree that the existence and details of the Addendum are not publicly known 
and will not be disclosed by you.  If you are lawfully requested to disclose information about the Addendum, you agree to 
provide AWS with advance written notice and an opportunity to seek a protective order or other order that protects against 
disclosure of the Addendum unless such prior notice is prohibited by law. 
 
6. Entire Agreement; Conflict.  The Agreement will remain in full force and effect.  The Addendum, together with the 
Agreement:  (a) are intended by the parties as a final, complete and exclusive expression of the terms of their agreement, 
and (b) supersede all prior agreements and understandings between the parties with respect to the subject matter hereof.  
If there is a conflict between the Agreement, the Addendum, or any other amendment or addendum to the Agreement or 
Addendum, the document later in time will prevail. 
 
 
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Subject: City of El Mirage - GovCloud Terms and Conditions (2022-03-10)
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Tom Bacome
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IT Director
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