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<br />8. RELATIONSHIP OF PARTIES. It is expressly understood that PCRC is an
<br /> independent contraCtor and that no agency, employment or other relationship
<br /> is intended to be or is established by this agreement
<br />9. INSPECTION OF PROGRAM. It is understood that periodic review of the
<br /> PCRC's program may be necessary and the right to do so is reserved by City.
<br />10. ASSIGNABILITY. PCRC shall not assign this agreement and shall not
<br /> transfer any interest in the same, whether by assignment or novation, without the
<br /> prior written consent of City.
<br />11. HOLD HARMLESS AND INSURANCE. PCRC agrees (1) to hold
<br /> harmless and indemnify the City and its councilmembers, officers and employees
<br /> from and against any and all claims, loss, liability, damage and expense arising out
<br /> of the performance of this agreement, including claims, loss, liability, damage and
<br /> expense caused or claimed to be caused by passive negligence of City or its
<br /> officers or employees. This provision does not apply to claims. loss, liability,
<br /> damage or expense arising from (a) the sole negligence or willful misconduct of
<br /> City or (b) the active negligence of City.
<br /> General liability and automobile liability insurance shall provide the following
<br /> minimum benefits: (1) general liability, including comprehensive form, personal
<br /> injury, broad form property damage, contractual and premises/operation in limits of
<br /> $1,000,000 aggregate, bodily injury and property damage combined; (2)
<br /> automobile liability in limits of $1,000,000, bodily injury and pro~ damage
<br /> combined. Additionally, workers compensation insurance in at least minimum
<br /> statutory amounts shall be maintained. All liability insurance policies shall specify
<br /> City, its elective and appointed boards, commissions, officers, agents and
<br /> employees as additional insureds. A certiftcate of insurance shall be provided to
<br /> City prior to peIformance pursuant to this agreement Further, any changes in
<br /> insurance coverage, required herein, must be approved in writing by the City's
<br /> legal counsel.
<br />12. NONDISCRIMINA TION.
<br /> a. General: No person shall, on the basis of race, color, national origin,
<br /> religious affiliation or nonaffiliation, marital status, medical condition, sex,
<br /> age, handicap, sexual orientation or political affiliation be excluded from
<br /> participation in, be denied the benefits of or be subjected to discrimination,
<br /> under this agreement.
<br /> b. Employment: PCRC shall ensure equal employment opportunity
<br /> based on objective standards of recruinnent, selection, promotion,
<br /> classification, compensation, performance evaluation and management
<br /> relations, for all employees under this agreement. PCRC's personnel
<br /> policies shall be made available to City upon request.
<br /> 13. PROJECT REPRESENTATION. PCRC and the City hereby
<br /> designate the following agents to act as project representatives and receive
<br /> all notices in the matters dealing with the performance of work, under this
<br /> agreement
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