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25B - AGMT - PSYCHOLOGICAL SRVS
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25B - AGMT - PSYCHOLOGICAL SRVS
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10/2/2014 2:09:47 PM
Creation date
10/2/2014 2:07:55 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25B
Date
10/7/2014
Destruction Year
2019
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e, If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been <br />procured and is in force and paid for, the City shall have the right, at the City's election, <br />to forthwith terminate this Agreement. Such termination shall not effect Consultant's <br />right to be paid for its time and materials expended prior to notification of termination. <br />Consultant waives the right to receive compensation and agrees to indemnify the City for <br />any work performed prior to approval of insurance by the City. <br />6. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of <br />claims for personal injury, including health, and claims for property damage, which may <br />arise from the direct or indirect operations of the Consultant or its contractors, <br />subcontractors, agents, employees, or other persons acting on their behalf which relates to <br />the services described in section 1 of this Agreement. This indemnity and hold harmless <br />agreement applies to all claims for damages, just compensation, restitution, judicial or <br />equitable relief suffered, or alleged to have been suffered, by reason of the events referred <br />to in this Section or by reason of the terms of, or effects, arising from this Agreement. <br />7. CONFIDENTIALITY <br />If Consultant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and /or proprietary, Consultant <br />agrees that it shall not use or disclose such information except in the performance of this <br />Agreement, and further agrees to exercise the same degree of care it uses to protect its <br />own information of like importance, but in no event less than reasonable care. <br />"Confidential Information" shall include all nonpublic information. Confidential <br />information includes not only written information, but also information transferred orally, <br />visually, electronically, or by other means. Confidential information disclosed to either <br />party by any subsidiary and /or agent of the other party is covered by this Agreement. <br />The foregoing obligations of non -use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no <br />fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to be <br />disclosed by operation of law; or (e) is independently developed by the Consultant <br />without reference to information disclosed by the City. Consultant agrees to comply with <br />all applicable laws regarding the confidentiality of medical and psychological records <br />including but not limited to HIPPA. <br />25B -16 <br />
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