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<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, inch.:!-ding comprehensive form, personal
<br />injury, broad form property damage, contractual and premises / operation in
<br />limits of $1,QOO,OOO. 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 />relations, for all employees under this agreement. PCRC's personnel
<br />policies shall be made available to the City upon request.
<br />
<br />13. PROJECT REPRESENTATION.PCRC and the City hereby designate the
<br />following agents to act as project representatives and receive all notices in the
<br />matters dealing with the performance of work, under this agreement.
<br />
<br />PCRC:
<br />
<br />Jennifer Bullock, Executive Director
<br />
<br />CITY:
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<br />Magda Gonzalez, Deputy City Manager
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<br />1.
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