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

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B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to oontain, or be endorsed to contain that they shall be primary insurance with respect to the Cty. Any insurance, se|f-inaunanue, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory d Dl8nts' including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance po|icies, including endorsennante, required in this Agreement and evidence of all subcontractors' coverage. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits roquir8U, if any, to be obtained by subcontractOrn, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy oanoe||ation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City y. after giving five business days notice to the Contractor to correct the Uneoch, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therevvith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and r8non1s, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 4O.14and bythe City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Aqreonlont, will not discriminate on the grounds of race, na|igion, oraeU, co|or, national origin, age, veteran status, sex, sexual 0rientntion. gender identity, marital otatus, political affi|ioUon, the presence of any disabi|ity, or any other protected class status under state or federal |eVv, in the selection and retention of employees or procurement of materials or supplies. CA Revised Decebe201G m Page 3 of 4