GJN50210 Tom's Landscapes Contract (2)

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contractors. In the event any such action or claim is brought against City, Contractor shall, upon City's tender, defend the same at its sole cost and expense, promptly satisfy any judgment adverse to City or to City and Contractor jointly, and reimburse City for any loss, cost, damage or expense (including legal fees) suffered or incurred by City. 9. Liability Insurance. 9.1 , Amount. Contractor shall maintain in force for the duration of this contract a broad form comprehensive general liability insurance policy, issued by an admitted insurance carrier licensed to do business in Oregon. Coverage shall not be less than $500,000 combined single limit liability per occurrence, with aggregate of $1,000,000, for bodily injury, personal injury, or property damage. The policy shall contain a contractual liability endorsement to cover Contractor's indemn~cation obligations under this contract. 9.2 Endorsements. Contractor shall name City as an additional insured on the liability policy required by this paragraph. The additional insured endorsement shall expressly provide that the interest. of City shall not be affected by Contractor's breach of any ,policy provision. The policy shall also contain an endorsement. entitling City to not less than 30 days' prior written notice. of any material change, nonrenewal or cancellation of the insurance. 9.3 Evidence. A copy of the policy ora certificate satisfactory to City shall be delivered to City prior to commencement of performance of the Services. The adequacy of • the insurance shall at all times be subject to approval by City's Risk Manager. Failure to maintain liability insurance under this provision shall be cause for immediate termination of this contract by City. 4 9.4 Comprehensive Automobile Liability. Contractor shall maintain a comprehensive automobile Jiability insurance policy with coverage of not less than $500,000 combined single limit per occurrence, with aggregate of $1 million, for bodily injury, personal injury or property damage. The coverage shall include both hired and non- owned auto liability. The policy shall also contain an endorsement naming .City as an additional insured, in a form satisfactory to City, and expressly providing that the interest of City shall not be affected by Contractor's breach of policy provisions. 10. Workers' Compensation. Whether or not Contractor will. pertorm the Services without the help: of others, Contractor agrees that it will. obtain and maintain Workers' Compensation insurance coverage throughout the duration of this contract as acarrier-insured employer or individual, as the case may be. Contractor acknowledges that it is a subject employer under ORS 656.017, and agrees to comply with atl legal requirements resulting therefrom. 11. Relationship of Parties. Whether Contractor is a corporation, partnership, other legal entity or an individual, Contractor's relationship to City is that of an independent contractor. If Contractor is an individual, Contractor's duties will be pertormed with the understanding that :Contractor is aself-employed person and has special expertise as to the Services, and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the Services are pertormed shall be controlled by Contractor; however, the nature of the Services and the results to be achieved shall.. be specified by City. Contractor is not to be deemed an employee or agent of City and has no authority to Non-Facility Trade Service Contract-Page 3 (Revised December 1997)