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<br />a. General Liability. Consultant at its expense, shall procure and maintain
<br />commercial general liability insurance in a minimum amount of $1,000,000 per
<br />occurrence; $3,000,000 annual aggregate.
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<br />b. Automobile Liability. If Consultant operates a motor vehicle in performing the
<br />services under this agreement, Consultant shall maintain commercial automobile
<br />liability insurance, including owned, hired, and non-owned automobiles, with a
<br />minimum liability limit of $1,000,000 combined single limit.
<br />
<br />c. Workers Compensation. Consultant agrees to provide worker’s compensation
<br />insurance for all its employees in accordance with the statutory requirements of
<br />the State of Minnesota.
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<br />The insurance requirements may be met through any combination of primary and
<br />umbrella/excess insurance. Consultant shall prior to commencing services under this
<br />Agreement deliver to the City a Certificate of Insurance as evidence that the above
<br />coverages are in full effect.
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<br /> 7.2 Indemnification. The Consultant agrees to defend, indemnify and hold harmless
<br />the City and its officers, officials, agents, volunteers and employees from any and all
<br />liability, claims, losses, damages, costs, judgments, or expenses resulting directly or
<br />indirectly from any negligent, tortious or illegal act or omission, including without
<br />limitation, professional errors or omissions by the Consultant (including its officers,
<br />employees, agents and subConsultants) arising from the performance of its services
<br />pursuant to this Agreement. For clarification and not by way of limitation, this obligation
<br />to indemnify and hold harmless shall apply to all materials prepared or furnished pursuant
<br />to this Agreement, including, without limitation, claims resulting from any alleged
<br />infringement of copyright or any property right of another, and the unlawful disclosure or
<br />use of protected data or other noncompliance with the Records and Information provisions
<br />set forth herein. The terms and provisions of this Section shall survive the expiration,
<br />suspension or termination of this Agreement.
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<br />8. RECORDS AND INFORMATION.
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<br /> 8.1 Data Practices. The Consultant and its employees, agents, successors and assigns
<br />will comply with the Minnesota Government Data Practices Act (Minnesota Statutes
<br />Chapter 13) as it applies to all data created, collected, received, stored, used, maintained,
<br />or disseminated by Consultant pursuant to this Agreement.
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<br /> 8.2 Private and Confidential Data. The Consultant and its employees, agents,
<br />successors and assigns shall comply with the provisions of the Minnesota Government
<br />Data Practices Act (Minnesota Statutes Ch. 13) and all other applicable state and federal
<br />laws, rules and regulations relating to data privacy or confidentiality, which may include,
<br />but are not limited to, the Health Insurance Portability and Accountability Act (HIPAA
<br />and/or the Health Information Technology for Economic and Clinical Health Act
<br />(HITECH).
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