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Indemnification. Contractor shall indemnify and hold City, and its officers, agents and <br />employees, harmless from and against all claims, actions, liabilities, costs, including <br />attorney fees and other costs of defense, arising out of or in any way related to the Work, <br />Contractor's failure to strictly comply with any provision of this contract or any other <br />actions or failure to act by Contractor and Contractor's employees, agents, officers and <br />contractors. In the event any such action or claim is brought against City, Contractor shall, <br />if City so elects and upon tender by City, defend the same at Contractor's sole cost and <br />expense, promptly satisfy anyjudgment adverse to City or to City and Contractor, jointly, <br />and reimburse City for any loss, cost, damage or expense, including attorney fees, suffered <br />or incurred by City. <br />8. Insurance. Contractor shall maintain in force for the duration of this contract the insurance <br />coverages specified below. Each policy required by these provisions shall be written as a <br />primary policy, not contributing with or in excess of any coverage which City may carry. A <br />copy of each policy or a certificate satisfactory to City shall be delivered to City prior to <br />commencement of the Work. Unless otherwise specified, each policy shall be written on an <br />"occurrence" forni with an admitted insurance carrier licensed to do business in the state of <br />Oregon and shall contain an endorsement entitling City to not less than 30 days prior <br />written notice of any material change, nonrenewal or cancellation. In the event the statutory <br />limit of liability of a public body for claims arising out of a single accident or occurrence is <br />increased above the combined single limit coverage requirements specified below, City <br />shall have the right to require Contractor to increase the Contractor's coverages to the <br />statutory limit for such claims and to increase the aggregate coverage to twice the amount <br />of the statutory limit. The adequacy of all insurance required by these provisions shall be <br />subject to approval by City's Risk Manager. Failure to maintain any insurance coverage <br />required by this contract shall be cause for immediate termination of this contract by City. <br />8.1 Commercial General Liability. Contractor shall maintain a broad form commercial <br />general liability insurance policy with coverage of not less than $500,000 combined <br />single limit per occurrence, with aggregate of $1 million, for bodily injury, personal <br />injury or property damage. Such policy shall contain a contractual liability <br />endorsement to cover Contractor's indemnification obligations under this contract. <br />The policy shall also contain an endorsement naming City as an additional insured, in <br />a form satisfactory to City, and expressly providing that the interest of City shall not <br />be affected by Contractor's breach of policy provisions. <br />8.2 Workers' Compensation Insurance. If Contractor is an individual and will <br />perfornt the Work without the help of others, Contractor shall nevertheless maintain a <br />personal policy of Workers' Compensation coverage. If Contractor will perform the <br />Work with the help of others, Contractor shall comply with the Oregon Workers' <br />Compensation law by qualifying as a carrier-insured employer or as a self-insured <br />employer and shall strictly comply with all other applicable provisions of such law. <br />Personal Services Contract--Page 3 <br />(Revised December 2004) <br />