FIN 2018-07-05 Item 2A - Agreement - Technology Consultant with Gartner

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G. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its cfficers, officia|e, employees and volunteers harmless from any and all claims, injuries, gnnageS. losses or suits including attorney fees, arising out of or in connection with the performance of this Agr8ennen[, except for ijuriesoDUd@nnag8SCauS8UbytheSO|eneA|igenCaofthePubUcEntitv. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entitv, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutuallnegotiated by the parties. The provisions of this section shafl survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Aoreen08Dt, insurance against claims for ijuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insuranoe, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all ovvned, non-ovvned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1'000.000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover Iiability arising from pranniaen, operoUono, independent contractors, products -completed operations, stop gap |iabi|itv, personal injury and advertiSing injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per prject general aggregate limit using ISO form CG2503O5OgO[8Dequivalent endorsement. There shall be no exclusion for Iiability arising from explosion, collapse or underground property damage. The City shati be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 1O01 or substitute endorsemertts providing at Ieast as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised December 2016 Page 2 of 4 6