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Attachment A
<br />12. Non-Discaimination. 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, nationa] 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 far 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 />13. Assigninent. Neither party shall assign this Agreement, nor any rights and/or obligations
<br />hereunder, without the prior written consent of the other party.
<br />14. Compliance with Laws and Regulations. The Consultant shall abide with all federal,
<br />state and local laws, statutes, ordinances, rules and regulations in the performance of the
<br />Work. The Consultant 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 Consultant 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 />15. 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 or either party's
<br />ability to enforce a subsequent breach.
<br />16. Indemnification. 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,
<br />including but not limited to reasonable attorney's fees, resulting from any negligent or
<br />wrongful act or omission of the Consultant, its officers, agents, employees, contractars
<br />and/or subcontractors, pertaining to the performance or failure to perform the Work.
<br />17. Insurance. Consultant shall procure and maintain the following minimum insurance
<br />coverages and limits of liability during the pendency of this Agreement:
<br />A. Worker's Compensation: Statutory Limits
<br />B. Professional Liability Insurance. The Consultant agrees to provide to the City a
<br />certificate evidencing that it has in effect, with an insurance company in good
<br />standing and authorized to do business in Minnesota, a professional liability
<br />insurance policy. Said policy shall insure payment of damage for legal liability
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