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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
<br />and PERA.
<br />1. 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,
<br />upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
<br />termination, rates of pay or other forms of compensation, and selection for training,
<br />including apprenticeship. The Consultant agrees to post in. places that are available
<br />to employees and applicants for employment, notices that set forth the. provisions of
<br />this nondiscrimination clause. The notices shall inform all persons that any
<br />complaints regarding Consultant compliance with:the nondiscrimination clause May
<br />be reported to the Bloomington City Manager. ` .
<br />J. Human Rights
<br />The Consultant agrees to comply with theM.innesota State Human Rights Act,
<br />Minnesota Statutes, Section 363.
<br />K. Americans with Disabilities Act
<br />The Consultant agrees`.to comply with'the Americans with Disabilities Act (ADA)
<br />Section 504'of the Rehabilitation Act of .1973 and not discriminate on the basis of
<br />disability in the.'admission:or access to, or treatment of employment in its services,
<br />programs, or activities. The Consultant agrees to hold harmless and indemnify the
<br />City from costs, including but not limited to damages, attorney's fees, and staff time,
<br />in any action or.proceeding brought alleging a violation of ADA and/or Section 504
<br />caused by the Consultant.
<br />L. Sublet/Assign
<br />The contract shall not be assignable except at the written consent of the City.
<br />M. Sub -Consultant Payment
<br />The Consultant agrees that it must pay any sub -consultant within ten days of the
<br />prime Consultant's receipt of payment from the municipality for undisputed services
<br />provided by the sub -consultant. The Consultant agrees that it must pay interest of 1-
<br />1/2 percent per month or any part of a month to the sub -consultant on any undisputed.
<br />amount not paid on time to the sub -consultant. The minimum monthly interest
<br />penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
<br />balance of less than $100, the prime Consultant shall pay the actual penalty due to the
<br />sub -consultant. A sub -consultant who prevails in a civil action to collect interest
<br />penalties from a prime Consultant must be awarded its costs and disbursements,
<br />including attorney's fees, incurred in bringing this action.
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