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Attachment A <br />12. Independent Consultant. 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 />13. Non-Discrimination. During the performance of this Agreement, the Consultant shall <br />not discriininate against any or applicants for employment because of race, color, creed, <br />religion, national origin, sex, marital status, status with regard to public assistance, <br />disability, sexual orientation or age. The Consultant shall post in places available to <br />employees and applicants for employment, notices setting forth the provisions of this <br />non-discrimination clause and stating that all qualified applicants will receive <br />consideration for employment. The Consultant shall incorporate the foregoing <br />requirements of this paragraph in all of its subcontracts for program worlc, and will <br />require all of its subcontractors for such work to incorporate such requirements in all <br />subcontracts for program work. The Consultant further agrees to comply with all aspects <br />of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the <br />Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. <br />14. Assignment. Neither party shall assign this Agreement, nor any rights and/or obligations <br />hereunder, without the prior written consent of the other party. <br />15. Services Nor P�ovided For. No claim for services furnished by this Consultant not <br />specifically provided for herein shall be honored by the City. <br />16. Severability. The provisions of this Agreement are severable. If any portion hereof is, <br />for any reason, held by a court of competent jurisdiction to be contrary to law, such <br />decision shall not affect the remaining provisions of this Agreement. <br />17. Entire Agreement. The entire agreement of the parties is contained herein. This <br />Agreement supersedes all oral agreements and negotiations between the parties relating <br />to this subject matter hereof as well as any previous agreements presently in effect <br />between the parties relating to this subject matter hereof. Any alterations, amendments, <br />deletions, or waiver of the provisions of this Agreement shall be valid only when <br />expressed in writing and duly signed by the parties, unless otherwise provided herein. <br />18. Compliance with Laws and Regulations. In providing services hereunder, the <br />Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the <br />provisions of services to be provided. The Consultant and City, together with their <br />respective agents and employees, agree to abide by the provisions of the Minnesota Data <br />Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules <br />promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and <br />regulations pertaining to the services to be provided shall constitute a material breach of <br />this Agreement and entitle the City to immediately terminate this Agreement. <br />19. 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 />