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City's Risk Manager. Failure to maintain liability insurance under this <br /> provision shall be cause for immediate termination of this contract by City. <br /> 9.4 Comprehensive Automobile Liability. Contractor shall maintain a <br /> comprehensive automobile liability insurance policy with coverage of not less <br /> than $500,000 combined single limit per occurrence, with aggregate of $1 <br /> million, for bodily injury, personal injury or property damage. The coverage <br /> shall include both hired and non-owned auto liability. The policy shall also <br /> contain an endorsement naming City as an additional insured, in a form <br /> satisfactory to City, and expressly providing that the interest of City shall not <br /> be affected by Contractor's breach of policy provisions. <br /> 10. Workers' Compensation. Whether or not Contractor will perform the Services <br /> without the help of others, Contractor agrees that it will obtain and maintain <br /> Workers' Compensation insurance coverage throughout the duration of this contract <br /> as acarrier-insured employer or individual, as the case may be. Contractor <br /> acknowledges that it is a subject employer under ORS 656.017, and agrees to <br /> comply with all legal requirements resulting therefrom. <br /> 11. Relationship of Parties. Whether Contractor is a corporation, partnership, other <br /> legal entity or an individual, Contractor's relationship to City is that of an <br /> independent contractor. If Contractor is an individual, Contractor's duties will be <br /> performed with the understanding that Contractor is aself-employed person and <br /> has special expertise as to the Services, and is customarily engaged in the <br /> independent performance of the same or similar services for others. The manner in <br /> which the Services are performed shall be controlled by Contractor; however, the <br /> nature of the Services and the results to be achieved shall be specified by City. <br /> Contractor is not to be deemed an employee or agent of City and has no authority <br /> to make any binding commitments or obligations on behalf of City except to the <br /> extent expressly provided herein. <br /> 12. Performance Bond. If required by City, Contractor shall deliver to City at the time <br /> of execution of this contract a performance bond in a form satisfactory to City with a <br /> corporate surety approved by City, in an amount equal to the amount bid for <br /> performance of the Services, in favor of City, and guaranteeing Contractor's faithful <br /> performance of all terms, covenants and conditions of this contract. Such bond <br /> shall remain in effect throughout the term of this contract. <br /> 13. Subcontracting. Contractor shall not subcontract its work under this contract, in <br /> whole or in part, without City's prior written approval, which may be withheld for any <br /> reason. Contractor shall require any approved subcontractor to agree, as to the <br /> portion subcontracted, to comply with all obligations of Contractor specified in this <br /> contract. Notwithstanding City's approval of a subcontractor, Contractor shall <br /> remain obligated for full performance of this contract and City shall incur no <br /> obligation to any subcontractor. Contractor shall indemnify, defend and hold City <br /> harmless from all claims of its subcontractors. <br /> <br /> 14. Assignment. Contractor shall not assign this contract, in whole or in part, or any <br /> right or obligation hereunder, without City's prior written approval, which may be <br /> withheld for any reason. In the event of an assignment, Contractor shalt remain <br /> liable for performance under this contract unless expressly released by City. <br /> <br />