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i <br /> . 8. Indemnification. Contractor shall indemnify and hold City, its officers, agents and em- <br /> ployees harmless from and against any and all claims, actions, liabilities, costs, including <br /> costs of defense, arising out of or in any way related to performance of the Services or <br /> other actions or failure to act by Contractor or Contractor's employees, agents, officers and <br /> contractors. In the event any such action or claim is brought against City, Contractor shall, <br /> upon City's tender, defend the same at its sole cost and expense, promptly satisfy any <br /> j judgment adverse to City or to City and Contractor jointly, and reimburse City for any loss, <br /> cost, damage or expense (including legal fees) suffered or incurred by City. <br /> I <br /> 9. Liability Insurance. <br /> 9.1 Amount. Contractor shall maintain in force for the duration of this contract a broad <br /> form comprehensive general liability insurance policy, issued by an admitted <br /> insurance carrier licensed to do business in Oregon. Coverage shall not be less <br /> than $500,000 combined single limit liability per occurrence, with aggregate of <br /> $1,000,.000, for bodily injury, personal injury, or property damage. The policy shall <br /> contain a contractual liability endorsement to cover Contractor's indemnification <br /> obligations under this contract. <br /> <br /> I~I 9.2 Endorsements. Contractor shall name City as an additional insured on the liability <br /> policy required by this paragraph. The additional insured endorsement shall <br /> expressly provide that the interest of City shall not be affected by Contractor's <br /> breach of any policy provision. The policy shall also contain an endorsement <br /> entitling City to not less than 30 days' prior written notice of any material change, <br /> nonrenewal or cancellation of the insurance. <br /> 9.3 Evidence. A copy of the policy or a certificate satisfactory to City shall be delivered <br /> to City prior to commencement of performance of the Services. The adequacy of <br /> the insurance shall at all times be subject to approval by City's Risk Manager. <br /> Failure to maintain liability insurance under this. provision shall be cause for <br /> immediate termination of this contract b Cit . <br /> Y Y <br /> 9.4 Comprehensive Automobile Liability. Contractor shall maintain a comprehensive <br /> automobile liability insurance policy with coverage of not less than $500,000 <br /> combined single limit per occurrence, with aggregate of $1 million, for bodily injury, <br /> personal injury or property damage. The coverage shall include both hired and non- <br /> owned auto liability. The policy shall also contain an endorsement naming City as <br /> an additional insured, in a form satisfactory to City, and expressly providing that the <br /> interest of City shall not be affected by Contractor's breach of olic rovisions. <br /> p Yp <br /> 10. Workers' Compensation. Whether or not Contractor will perform the Services without the <br /> help of others, Contractor agrees that it will obtain and maintain Workers' Compensation <br /> insurance coverage throughout the duration of this contract as acarrier-insured employer <br /> . or individual, as the case may be. Contractor acknowledges that it is a subject employer <br /> under ORS 656.017, and agrees to comply with all legal requirements resulting therefrom. <br /> 11. Relationship of Parties. Whether Contractor is a corporation, partnership, other legal <br /> entity or an individual, Contractor's relationship to City is that of an independent contractor. <br /> If Contractor is an individual, Contractor's duties will be performed with the understanding <br /> that Contractor is aself-employed person and has special expertise as to the Services, and <br /> Non-Facility Trade Service Contract--Page 3 <br /> (Revised December 1997) <br /> <br />