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B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General <br />Liability insurance policies are to contain, or be endorsed to contain that they shall be primary <br />insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage <br />maintained by the City shall be excess of the Contractor's insurance and shall not contribute with <br />it. <br />C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating <br />of not less than A: VII. <br />D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy <br />of the amendatory endorsements, including but not necessarily limited to the additional insured <br />endorsement, evidencing the insurance requirements of the Contractor before commencement of <br />the work. <br />E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance <br />coverage and limits required, if any, to be obtained by subcontractors, which determination shall <br />be made in accordance with reasonable and prudent business practices. <br />F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this <br />work with written notice of any policy cancellation, within two business days of their receipt of <br />such notice. <br />G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as <br />required shall constitute a material breach of contract, upon which the City may, after giving five <br />business days notice to the Contractor to correct the breach, immediately terminate the contract or, <br />at its discretion, procure or renew such insurance and pay any and all premiums in connection <br />therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion <br />of the City, offset against funds due the Contractor from the City. <br />8. Record Keeping and Reporting. <br />A. The Contractor shall maintain accounts and records, including personnel, property, financial and <br />programmatic records which sufficiently and properly reflect all direct and indirect costs of any <br />nature expended and services performed in the performance of this Agreement and other such <br />records as may be deemed necessary by the City to ensure the performance of this Agreement. <br />B. These records shall be maintained for a period of seven (7) years after termination hereof unless <br />permission to destroy them is granted by the office of the archivist in accordance with RCW <br />Chapter 40.14 and by the City. <br />9. Audits and Inspections. The records and documents with respect to all matters covered by this <br />Agreement shall be subject at all times to inspection, review or audit by law during the performance of <br />this Agreement. <br />10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor <br />thirty (30) days written notice of the City's intention to terminate the same. Failure to provide <br />products on schedule may result in contract termination. If the Contractor's insurance coverage is <br />canceled for any reason, the City shall have the right to terminate this Agreement immediately. <br />11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this <br />Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, <br />veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence <br />of any disability in the selection and retention of employees or procurement of materials or supplies. <br />CA Revised 1-2013 Page 3 of 9 <br />41 <br />