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6. Records/Inspection: <br />Contractor shall.maintain records of its charges to City under this <br />contract for a period of not ]ess th"an three full fiscal years following <br />Contractor's completi,on of this contract. Upon reasonable advance notice, <br />City or its authorized representatives may from time to time inspect, audit <br />and make copies of any of Contractor's records that rel'ate to this contract. <br />If any audit by'Gity discloses that payments to the Contractor were in excess <br />of the amount to wh~ich Contraetor was entitled under this contract, Contrac- <br />tor shall promptly pay to City the amount of such excess. If the excess is <br />greater than one percent of the contract amount, Contractor shall also reim- <br />burse City its reasona6le costs incurred in performing the audit. <br />7. Indemni fi ca~'i~on. <br />Contractor shall indemnify and hoid City, and its officers, agents and o <br />employees, harmless from and against all claims, actions, liabilities, costs, <br />including attorney fees and other costs of defense, arising out of or in any <br />way related to the Work or.other.:actions or fai-lure~to act by Contractor and <br />Contractor's employees,.agents, officers and contractors. In the event any <br />such action or claim is brought against City, Contractor shall, if City so <br />elects and upon tender by City, defend the same at Contractor's sole cost and <br />expense, pramptly satisfy any judgment adverse to City or to City and Con- <br />tractor, jointly, and reimburse City for any loss, cost, damage ow expense, <br />including attorney fees, suf.fered or incurred by City. <br />8. Insurance. <br />Contractor shall maintain in force for the duration of this contract the <br />insurance coverages specified below. Each policy required by these provi- <br />sions shall be written as a primary policy, not contributing with or in <br />excess of any coverage which City.may carry. A copy of each policy or a <br />certificate satisfactory to~Ci.ty shall be delivered to City prior to com- <br />mencement of the Work. Unless otherwise specified, each po]icy shall be <br />written on an "occurrence" form with an admitted insurance carrier licensed <br />to do business in the state of Oregon and shall contain an endorsement enti- <br />tling City to not less than 30 days prior written notice of any material <br />change, nonrenewal or cancellati,on. In the event the statutory limit of <br />liability of a public body for claims arising out of a single accident or <br />occurrence is increased above the combined single limit coverage requirements <br />specified below, City shall have the right to require Contractor to increase <br />the Contractor's coverages to the statutory limit for sueh claims and to <br />increase the aggregate coverage to twice the amount of the statutory limit. <br />The adequacy of all insurance required by these provisions shall be subject <br />to approval by City's Risk Manager. Failure to maintain any insurance cover- <br />age required by this contract shall be cause for immediate termination of <br />this contract by City. <br />Personal Services Contract - 5 <br />