PACIFIC RELOCATION CONSULTANTS -1996 (2)

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• be held liable for City's exercise of said right in accepting, rejecting or otherwise modifying Consultant's proposals. XII. KEY PERSONNEL. When requested by City, Consultant shall assign employee(s) to work directly under City supervision in project areas covered by this Agreement. XIII. CONFLICT OF INTEREST. Consultant certifies that it presently has no interest and shall not acquire any interest, direct or indirect, monetary or otherwise, which would conflict in any manner or degree with the performance of this Agreement. No person having such interest shall be employed by or associated with Consultant. Specifically, in performing the services- to be provided hereunder, Consultant shall not employ or retain services of any person while such person is employed by the City. XIV. TERMINATION. This Agreement may be canceled by either party giving to the other, in writing, thirty (30) days' notice of its intention to cancel this Agreement. In the event of cancellation of this Agreement by either party Consultant shall immediately terminate any and all activities related to performance of this Agreement unless otherwise agreed, and shall be compensated for services performed up to and including the day when Consultant discontinues services. XV. INDEPENDENT CONTRACTOR. Consultant is, and shall be, acting at all times as an independent contractor herein, and not as an employee, representative or agent of City, and shall maintain complete control over its employees. Consultant shall be free to contract for similar services to be performed for others during this Agreement. XVI. INSURANCE. Consultant shall secure and maintain during the life of this Agreement the following insurance coverage: A. Statutory California Workers' Compensation coverage for all Consultant's employees providing services hereunder. B. General liability coverage for personal injury and property damage. Coverage shall be limited to $1 ,000,000 per occurrence. Upon request, Consultant shall provide City with a Certificate of Insurance as to the coverage referred to herein naming the City as an additional insured. XVII. INDEMNIFICATION. The Consultant and the City shall mutually indemnify, defend and hold harmless each other, their officials, agents and employees from and against any and all claims, demand, causes of action, losses, damages, and liabilities arising out of the performance of this services described herein, caused in whole or in part by Consultant or City, their agents or employees, or any alleged negligent or intentional act, omission or misrepresentation by Consultant or City, their agents or employees. • XVIII. NONDISCRIMINATION. During this Agreement Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training.