2021/10/27 Council Agenda Packet

and that such disclosure has been or will be delivered to the candidate not later than three days after the date on which the report was first requested. The Client further certifies that the disclosure will include a statement informing the consumer of his right to request the additional disclosures provided under Section 606(b) of the Fair Credit Reporting Act. However, the Contractor shall act as Client's agent for the purposes of making this disclosure. The disclosure will be made during the candidate's application process with the Contractor. 5. Independent Contractor: The Contractor is an independent contractor. Any and all agents, employees, or contractors of the Contractor shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency, or contractual relationship between the Client and any employee, agent, or sub- contractor of the Contractor. 6. Indemnity and Hold Harmless: The parties agree and hold harmless each other, their officers, agents, and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify the Client from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 6.1.2 Any cost, claim, or liability arising from or out of the claims of an employee, agent, or sub -contractor to the end that the Contractor shall be an independent Contractor and the Client shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and third parties; 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 6.1.4 Any claim or charge incurred relating to a charge paid by the Client pursuant to Section 2.3 of this Agreement. 6.2 The Client shall indemnify and hold harmless the Contractor, its officers, agents, and employees from any and all cost, claim, or liability arising from or out of the alleged negligent or tortious act of the Client or its officers, agents, or employees in the provision of services hereunder. 6.3 The promises of the Client and Contractor shall include the reasonable cost of legal defense by counsel chosen by the mutual agreement of the parties hereto but shall exclude any cost, claim, or liability arising from breach of Specialized Services Agreement Page 6 of 8 PST Investigations City of Everett, WA 2022 Public Safety Testing, Inc.