|
<br />related subcontract or the proceeds thereof.
<br />
<br />8. RELATIONSHIP OF PARTIES. It is expressly understood that PCRC is an
<br />independent contractor and that no agency, employee or other relationship
<br />is intended to be or is established by this contract.
<br />
<br />9. INSPECTION OF PROGRAM. It is understood that periodic review of
<br />PCRC's program may be necessary and the right to do so is reserved by the City.
<br />
<br />10. ASSIGNABILITY. PCRC shall not assign in this agreement and shall not
<br />transfer any interest in the same, without the prior written consent of the City.
<br />
<br />11. HOLD HARMLESS AND INSURANCE. PCRC agrees (1) to hold harmless and
<br />indemnify the City and its officers and employees from and against any and all
<br />claims, loss, liability, damage and expense arising from performance of this
<br />contract, including claims, loss, liability, damage and expense caused or claimed
<br />to be caused by passive negligence of the City or its officers or employees. (2) to
<br />defend (City), its officers or employees there-against; provided however that this
<br />provision does not apply to claims, loss, liability, damage or expense arising
<br />from (a) the sole negligence or willful misconduct of (City) or
<br />(b) the active negligence of (City).
<br />
<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 contract. It shall include
<br />policy endorsement verifying City's additional insured status. Further, any
<br />changes in insurance, required herein must be approved in writing by the City
<br />Attorney's Office.
<br />
<br />12. NONDISCRIMINATION.
<br />
<br />a. General: No person shall, on the basis of race, color, national origin,
<br />religious affiliation or non affiliation, marital status, medical condition, sex, age,
<br />handicap, sexual orientation or political affiliation be excluded from
<br />participation in, be denied the benefits or be subjected to discrimination, under
<br />this agreement.
<br />
<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 />
<br />2
<br />
|