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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 />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 />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 />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 by City. <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 policy provisions. <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 a carrier - 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 a self - employed person and has special expertise as to the Services, and <br />is customarily engaged in the independent performance of the same or similar services for <br />Non- Facility Trade Service Contract - -Page 3 <br />(Revised December 1997) <br />