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9.5 Physical Damage Liability (Hook Coverage). Contractor shall maintain a <br />comprehensive physical damage liability insurance policy to cover damage to <br />vehicles while being prepared to be towed or towed by Contractor. The coverage <br />must be not less than $50,000 per occurrence. <br />10. Workers' Compensation. Unless Contractor is exempt, Contractor shall comply with the <br />Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a <br />self-insured employer and shall strictly comply with all other applicable provisions of such <br />law. Contractor shall provide City with such assurances as City may require from time to <br />time that Contractor is in compliance with these Workers' Compensation coverage <br />requirements and Workers' Compensation law. <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 />others. The manner in which the Services are performed shall be controlled by Contractor; <br />however, the nature of the Services and the results to be achieved shall be specified by <br />City. Contractor is not to be deemed an employee or agent of City and has no authority to <br />make any binding commitments or obligations on behalf of City except to the extent <br />expressly. provided herein. <br />12. Performance Bond. Not Required <br />13. Subcontracting. Contractor shall not subcontract its work under this contract, in whole or <br />in part, without City's prior written approval, which may be withheld for any reason. <br />Contractor shall require any approved subcontractor to agree, as to the. portion <br />subcontracted, to comply with all obligations of Contractor specified in this contract. <br />Notwithstanding City's approval of a subcontractor, Contractor shall remain obligated for <br />full performance of this contract and City shall incur no obligation to any subcontractor. <br />Contractor shall indemnify, defend and hold City harmless from all claims of its subcontrac- <br />tors. <br />14. Assignment. Contractor shall not assign this contract, in whole or in part, or any right or <br />obligation hereunder, without City's prior written approval, which may be withheld for any <br />reason. In the event of an assignment, Contractor shall remain liable for performance <br />under this contract unless expressly released by City. <br />15. Default. Contractor shall be in default under this contract upon the occurrence of any of <br />the following ("events of default"): <br />15.1 Contractor's failure to respond and arrive at the designated site of the requested <br />towing service more than twice in any Calendar month. <br />15.2 Contractor's failure to perform or observe any provision of this contract, if such <br />failure continues for a period of two days after City has notified Contractor in writing, <br />specifying the nature of Contractor's failure of performance; <br />Non-Facility Trade Service Contract-Page 4 <br />(Revised December1997) <br />