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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.
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<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.
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<br />10. ASSIGNABILITY. PCRC shall not assign this agreement and shall not transfer
<br /> any interest in the same, whether by assignment or novation, without the prior
<br /> written consent of City.
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<br />11. 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,
<br /> personal injury, broad form property damage, contractual and
<br /> premises/operation in limits of $1,000,000 aggregate, bodily injury and property
<br /> damage combined; (2) automobile liability in limits of $1,000,000, bodily injury
<br /> and property damage combined. Additionally, workers compensation insurance
<br /> in at least the minimum statutory amounts shall be maintained. All liability
<br /> insurance policies shall specify City, its elective and appointed boards,
<br /> commissions, officers, agents and employees as additional insured's. A
<br /> certificate of insurance shall be provided to City prior to performance pursuant
<br /> to this agreement. Further, any changes in insurance coverage, required herein,
<br /> must be approved in writing by the City's legal counsel.
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<br />12. NON-DISCRIMINATION.
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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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