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H. Independent Consultant
<br />It is agreed that nothing herein contained is intended or should be construed in any
<br />manner as creating or establishing the relationship of co-partners between the parties
<br />hereto or as constituting the Consultant's as the agents, representatives or employees
<br />of the City for any purpose or in any manner whatsoever. The Consultant and its staff
<br />are to be and shall remain an independent Consultant with respect to all services
<br />performed under this contract. The Consultant represents that it has, or will secure at
<br />its own expense, all personnel required in performing services under this contract.
<br />Any and all personnel of the Consultant or other persons, while engaged in the
<br />performance of any work or services required by the Consultant under this contract
<br />shall not be considered employees of the City, and any and all claims that May arise
<br />under the Workers' Compensation Act of the State of Minnesota on behalf of said
<br />personnel or other persons while so engaged, and any and all claims whatsoever on
<br />behalf of any such person or personnel arising out of employment or alleged
<br />employment including, without limitation, claims of discrimination against the
<br />Consultant, its officers, agents, Consultants or employees shall in no way be the
<br />responsibility of the City; and the Consultant shall defend, indemnify and hold the
<br />City, its officers, agents and employees harmless from any and all such claims
<br />regardless of any determination of any pertinent tribunal, agency, board, commission
<br />or court. Such personnel or other persons shall not require nor be entitled to any
<br />compensation, rights or benefits of any kind whatsoever from the City, including,
<br />without limitation, tenure rights, medical and hospital care, sick and vacation leave,
<br />Workers' Compensation, Unemployment Compensation, disability, severance pay and
<br />PERA.
<br />I. Non-Discrimination
<br />During the performance of this contract, the Consultant will not discriminate against
<br />any employee or applicant for employment because of race, color, creed, religion,
<br />ancestry, national origin, sex, sexual orientation, disability, age, marital status, or
<br />status with regard to public assistance. The Consultant will take affirmative action to
<br />insure that all employment practices are free of such discrimination. Such
<br />employment practices include, but are not limited to, the following: hiring, upgrading,
<br />demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
<br />of pay or other forms of compensation, and selection for training, including
<br />apprenticeship. The Consultant agrees to post in places that are available to
<br />employees and applicants for employment, notices that set forth the provisions of this
<br />nondiscrimination clause. The notices shall inform all persons that any complaints
<br />regarding Consultant compliance with the nondiscrimination clause may be reported
<br />to the Roseville City Manager.
<br />J. Human Rights
<br />The Consultant agrees to comply with the Minnesota State Human Rights Act,
<br />Minnesota Statutes, Section 363.
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