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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 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 /> 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 damage
<br /> 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 /> 12. NONDISCRIMINATION.
<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 /> 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 /> 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 /> PCRC: Michelle Vilchez, Executive Director
<br /> CITY: Malcolm Smith, Public Communications Manager
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