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Subcontractor.
<br />10. The Consultant shall not enter into subcontracts for services provided
<br />under this Agreement without the express written consent of the City. If subcontracts are
<br />approved and entered into, the Consultant shall promptly pay any subcontractor involved
<br />in the performance of this Agreement as required by, and the Consultant shall otherwise
<br />comply with, the State Prompt Payment Act.
<br />Independent Consultant.
<br />11. At all times and for all purposes herein, the Consultant is an
<br />independent contractor and not an employee of the City. No statement herein shall be
<br />construed so as to find the Consultant an employee of the City.
<br />Non-Discrimination.
<br />12. During the performance of this Agreement, the Consultant shall
<br />not discriminate against any person, contractor, vendor, employee or applicant for
<br />employment because of race, color, creed, religion, national origin, sex, marital status,
<br />status with regard to public assistance, disability, sexual orientation or age. The
<br />Consultant shall post in places available to employees and applicants for employment,
<br />notices setting forth the provisions of this non-discrimination clause and stating that all
<br />qualified applicants will receive consideration for employment. The Consultant shall
<br />incorporate the foregoing requirements of this Provision 12 in all of its subcontracts for
<br />Work done under this Agreement, and will require all of its subcontractors performing
<br />such Work to incorporate such requirements in all subcontracts for the performance of
<br />the Work. The Consultant further agrees to comply with all aspects of the Minnesota
<br />Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act
<br />of 1964, and the Americans with Disabilities Act.
<br />Assignment
<br />13. . The Consultant shall not assign this Agreement, nor its rights and/or
<br />obligations hereunder, without the prior written consent of the City.
<br />Services Not Provided For
<br />14. . The City shall not be required to pay for any claim for
<br />services furnished by the Consultant not specifically provided for herein.
<br />Compliance with Laws and Regulations.
<br />15. The Consultant shall abide with all applicable
<br />federal, state and local laws, statutes, ordinances, rules and regulations in the
<br />performance of the Work. The Consultant and City, together with their respective agents
<br />and employees, agree to abide by the provisions of the Minnesota Data Practices Act,
<br />Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant
<br />to Chapter 13. Any violation by the Consultant of statutes, ordinances, rules and
<br />regulations pertaining to the Work to be performed shall constitute a material breach of
<br />this Agreement and entitle the City to immediately terminate this Agreement.
<br />Waiver.
<br />16. Any waiver by either party of a breach of any provisions of this Agreement shall
<br />not affect, in any respect, the validity of the remainder of this Agreement or either parties
<br />ability to enforce a subsequent breach.
<br />Indemnification.
<br />17. The Consultant agrees to defend, indemnify and hold the City, and its
<br />mayor, councilmembers, officers, agents, employees and representatives harmless from
<br />and against all liability, claims, damages, costs, judgments, losses and expenses,
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