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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 /> 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 /> 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 claiined
<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 /> General liability and automobile liability insurance shall provide the following
<br /> minimum benefits: (1) generalliability, 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 /> ininimum 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 /> 12 NONDISCRIMINATION.
<br /> a. General: No person shall, on the basis of race, color, national origin,
<br /> religious affiliation or non affiliarion, marital status, medical condition, sex, age,
<br /> handicap, sexual orientafion or polirical affiliation be excluded from
<br /> participation in, be denied the benefits or be subjected to discriminarion, under
<br /> this agreement.
<br /> b. Employment: PCRC shall ensure equal employment opportunity
<br /> based on objective standards of recruitment, selection, promotion,
<br /> classification, compensarion, 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 /> 13. PROJECT REPRESENTATION. PCRC and the City hereby designate the
<br /> Eollowing agents to act as project representatives and receive all notices in the
<br /> matters dealing with the performance of work, under this agreement.
<br /> PCRC: Michelle Vilchez, Executive Director
<br /> CITY: Malcolm Smith, PublicCommunications Manager
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