11. Independent Contractor. At all times and for all purposes herein, the Contractor is an
<br />independent contractor and not an employee of the City. No statement herein shall be
<br />construed so as to find the Contractor an employee of the City.
<br />12. Non Discrimination. During the performance of this Agreement, the Contractor 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 />Contractor shall post in places available to employees and applicants for employment,
<br />notices setting forth the provision of this non-discrimination clause and stating that all
<br />qualified applicants will receive consideration for employment. The Contractor 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 Contractor 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 of 1990.
<br />13. Assignment. The Contractor shall not assign this Agreement, nor its rights and/or
<br />obligations hereunder, without the prior written consent of the City.
<br />14. Se�vices Not P�ovided For. No claim for services furnished by the Contractor not
<br />specifically provided for herein shall be paid by the City.
<br />15. Compliance with Laws ancl Regulations. The Contractor shall abide with all federal,
<br />state and local laws, statutes, ordinances, rules and regulations in the performance of the
<br />Work The Contractor and City, together with their respective agents and employees,
<br />agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes
<br />Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any
<br />violation by the Contractor of statutes, ordinances, rules and regulations pertaining to the
<br />Work to be performed shall constitute a material breach of this Agreement and entitle the
<br />City to immediately terminate this Agreement.
<br />16. Waiver. 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.
<br />17. Indemnificcztion. The Contractor agrees to defend, indemnify and hold the City, its
<br />Council, officers, agents and employees harmless from any liability, claims, damages,
<br />costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or
<br />indirectly from a negligent act or omission (including without limitation professional
<br />errors or omissions) of the Contractor, its agents, employees, and/or subcontractors
<br />pertaining to the performance of the Work provided pursuant to this Agreement and
<br />against all losses by reason of the failure of said Contractor to fully perform, in any
<br />respect, all of the Contractor's obligations under this Agreement.
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