2022/06/15 Council Agenda Packet

8.5. Consultant certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington that requires every employer to be insured against liability of Workers' Compensation, or to undertake self-insurance in accordance with the provisions of that Title. Consultant shall comply with the provisions of Title 51 of the Revised Code of Washington before commencing the performance of the Work. Consultant shall provide the City with evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before any Work is commenced. 8.6. In case of the breach of any provision of this Section, the Provider may, at its option and with no obligation to do so, provide and maintain at the expense of Consultant, such types of insurance in the name of the Consultant, and with such insurers, as the Provider may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to Consultant under this Agreement or may demand Consultant to promptly reimburse the Provider for such cost. 9. PATIENT INFORMATION. 9.1 CONFIDENTIALITY AND DISCLOSURE OF PATIENT INFORMATION. USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION. Subject to the attached Business Associate Agreement, the Parties hereto agree that, in order for the Consultant to perform its duties as expected by the Provider, it will be necessary for the Consultant to use and disclose Protected Health Information ("PHI"), as such term is defined at 45 CFR §164.501. The Parties of this Agreement further acknowledge and make part of this Agreement the attached Business Associate Agreement. 9.2 PERMITTED AND REQUIRED USES AND DISCLOSURE OF PHI. Subject to the attached Business Associate Agreement, the Parties hereto agree that the Consultant may use and disclose PHI in order to carry out any Payment function covered under the definition of "Payment" contained in 45 CFR §164.501. Subject to the attached Business Associate Agreement, the Parties hereto further agree that the Consultant may use or disclose PHI for any use or disclosure that is required by law. 10. INDEMNITY. Each Party ("Indemnifying Party") shall indemnify and hold the other Party harmless against any third party claim, including costs and reasonable attorney's fees, arising from or relating to breaches of this Agreement by the Indemnifying Party or negligent or intentional acts or failures to act by the Indemnifying Party while performing its obligations hereunder. 11. SURVIVABILITY. The terms of Section 9 and 10 shall survive termination of this Agreement. The attached Business Associate Agreement has terms incorporated to establish the continuance of covenants for the Parties to disclose PHI for the continued operations of "Payment". 12. WARRANTIES AND REPRESENTATIONS. Each Party warrants that it has the right and power to enter into this Agreement and an authorized representative has executed this Agreement. 6