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<br />8.
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<br />9.
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<br />10.
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<br />11.
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<br />12.
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<br />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.
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<br />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.
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<br />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.
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<br />HOLD HARMLESS AND INSURANCE. PCRC agrees to hold harmless and
<br />indemnify the City and its council members, officers and employees from and
<br />against any and all claims, loss, liability, damage and expense arising out of the
<br />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.
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<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
<br />limits of $1,000,000 aggregate, bodily injury and property damage combined;
<br />(2) automobile liability in limits of $1,000,000, bodily injury and property
<br />damage combined. Additionally, workers compensation insurance in at least the
<br />minimum statutory amounts shall be maintained. All liability insurance policies
<br />shall specify City, its elective and appointed boards, commissions, officers,
<br />agents and employees as additional insureds. A certificate of insurance shall be
<br />provided to City prior to performance pursuant to this agreement. Further, any
<br />changes in insurance coverage, required herein, must be approved in writing by
<br />the City's legal counsel.
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<br />NONDISCRIMINATION.
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<br />a. General: No person shall, on the basis of race, color, national origin,
<br />religious affiliation or non affiliation, marital status, medical condition,
<br />sex, age, handicap, sexual orientation or political affiliation be excluded
<br />from participation in, be denied the benefits of or be subjected to
<br />discrimination, under this agreement.
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<br />b. Employment: PCRC shall ensure equal employment opportunity
<br />based on objective standards of recruitment, 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.
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<br />13.
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<br />PROJECT REPRESENTATION. PCRC and the City hereby designate
<br />the following agents to act as project representatives and receive all
<br />notices in the matters dealing with the performance of work, under this
<br />agreement.
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