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Attachment A
<br />approved and entered into, the Consultant shall promptly pay any subcontractor involved
<br />in the performance of this Agreement as required by, and the Consultant shall otherwise
<br />comply with, the State Prompt Payment Act.
<br />11. 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 />12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
<br />discriminate against any person, contractor, vendor, employee or applicant for employment
<br />because of race, color, creed, religion, national origin, sex, marital status, status with regard
<br />to public assistance, disability, sexual orientation or age. The Consultant shall post in
<br />places available to employees and applicants for employment, notices setting forth the
<br />provisions of this non-discrimination clause and stating that all qualified applicants will
<br />receive consideration for employment. The Consultant shall incorporate the foregoing
<br />requirements of this Provision 12 in all of its subcontracts for Work done under this
<br />Agreement, and will require all of its subcontractors performing such Work to incorporate
<br />such requirements in all subcontracts for the performance of the Work. The Consultant
<br />further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
<br />Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
<br />Disabilities Act.
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<br />13. Assignment. The Consultant shall not assign this Agreement, nor its rights and/or
<br />obligations hereunder, without the prior written consent of the City.
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<br />14. Services Not Provided For. The City shall not be required to pay for any claim for services
<br />furnished by the Consultant not specifically provided for herein.
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<br />15. Compliance with Laws and Regulations. The Consultant shall abide with all federal, state
<br />and local laws, statutes, ordinances, rules and regulations in the performance of the Work.
<br />The Consultant and City, together with their respective agents and employees, agree to
<br />abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section
<br />13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation
<br />by the Consultant of statutes, ordinances, rules and regulations pertaining to the Work to
<br />be performed shall constitute a material breach of this Agreement and entitle the City to
<br />immediately terminate this Agreement.
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<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 or either parties
<br />ability to enforce a subsequent breach.
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<br />17. Indemnification. To the fullest extent permitted by law, the Consultant agrees to defend,
<br />indemnify and hold the City, and its mayor, councilmembers, officers, agents, employees
<br />and representatives harmless from and against all liability, claims, damages, costs,
<br />judgments, losses and expenses, including but not limited to reasonable attorney’s fees,
<br />arising out of or resulting from any negligent or wrongful act or omission of the Consultant,
<br />its officers, agents, employees, contractors and/or subcontractors, pertaining to the
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