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Revised 1/7/2015
<br />Independent Contractor.
<br />13411.At all times and for all purposes herein, the Contractor is an
<br />135independent contractor and not an employee of the City. No statement herein shall be
<br />136construed so as to find the Contractor an employee of the City.
<br />137
<br />Non-Discrimination.
<br />13812.During the performance of this Agreement, the Contractor shall
<br />139not discriminate against anyperson, contractor, vendor,employee or applicantfor
<br />140employment because of race, color, creed, religion, national origin, sex, marital status,
<br />141status with regard to public assistance, disability, sexual orientation or age.The
<br />142Contractor shall post in places available to employees and applicants for employment,
<br />143notices setting forth the provision of this non-discrimination clause and stating that all
<br />144qualified applicants will receive consideration for employment. The Contractor shall
<br />145incorporate the foregoing requirements of this Provision 12in all ofits subcontracts for
<br />146Workdone under this Agreement, and will require all of its subcontractors performing
<br />147such Work to incorporatesuch requirements in all subcontracts for the performance of
<br />148theWork. The Contractor further agrees to comply with all aspects of the Minnesota
<br />149Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act
<br />150of 1964, and the Americans with Disabilities Act of 1990.
<br />151
<br />Assignment
<br />15213.. The Contractor shall not assign this Agreement, nor its rights and/or
<br />153obligations hereunder,withoutthe prior written consent of the City.
<br />154
<br />Services Not Provided For
<br />15514..No claim for services furnished by the Contractor not
<br />156specifically provided for herein shall be paidby the City.
<br />157
<br />Compliance with Laws and Regulations.
<br />15815.The Contractor shall abide with allfederal,
<br />159state and local laws, statutes, ordinances, rules and regulations in theperformanceof the
<br />160Work. The Contractor and City, together with their respective agents and employees,
<br />161agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes
<br />162Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any
<br />163violationby the Contractor of statutes, ordinances, rules and regulations pertaining to the
<br />164Worktobe performedshall constitute a material breach of this Agreement and entitle the
<br />165City to immediately terminate this Agreement.
<br />166
<br />Waiver.
<br />16716.Any waiver by either party of a breach of any provisions of this Agreement shall
<br />168not affect, in any respect, the validity of the remainder of this Agreement.
<br />169
<br />Indemnification.
<br />17017.The Contractor agrees to defend, indemnify and hold the City, its
<br />171Council, officers,agentsand employees harmless from any liability, claims, damages,
<br />172costs, judgments, or expenses, including reasonable attorney’s fees, resulting directly or
<br />173indirectly from a negligent act or omission (including without limitation professional
<br />174errors or omissions) of the Contractor, its agents, employees, and/orsubcontractors
<br />175pertaining tothe performance of the Workprovided pursuant to this Agreement and
<br />176against all losses by reason of the failure of said Contractor to fully perform, in any
<br />177respect, all of the Contractor’s obligations under this Agreement.
<br />178
<br />179
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