|
Attachment 1
<br />11. Independent Contractor. At all times and for all purposes herein, the Cityand its
<br />employees are independent contractors to and not employees of Metro-INET.
<br />
<br />12. Non-Discrimination. During the performance of this Agreement, the Parties 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 to
<br />public assistance, disability, sexual orientation or age. The Parties shall post in places available to
<br />employees and applicants for employment, notices setting forth the provisions of this non-
<br />discrimination clause and stating that all qualified applicants will receive consideration for
<br />employment. The Partiesshall incorporate the foregoing requirements of this Provision 12 in all
<br />of its subcontracts for Work done under this Agreement, and will require all of its subcontractors
<br />performing such Work to incorporate such requirements in all subcontracts for the performance of
<br />the Work. The Parties further agree to comply with all aspects of the Minnesota Human Rights
<br />Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the
<br />Americans with Disabilities Act.
<br />13. Assignment. The Parties shall not assign this Agreement, nor its rights and/or obligations
<br />hereunder, without the prior written consent of the other Party.
<br />14. Services Not Provided For. Metro-INET shall not be required to pay for any claim for
<br />services furnished by the City not specifically provided for herein.
<br />
<br />15. Compliance with Laws and Regulations. The City shall abide with all federal, state and
<br />local laws, statutes, ordinances, rules and regulations in the performance of the Work. The City
<br />and Metro-INET, together with their respective agents and employees, agree to abide by the
<br />provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and
<br />Minnesota Rules promulgated pursuant to Chapter 13.
<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 Party’s ability
<br />to enforce a subsequent breach.
<br />
<br />17. Indemnification. To the fullest extent permitted by law, each party agrees to defend,
<br />indemnify and hold harmless the other and their elected officials, members, board members,
<br />executive director, officers, agents, employees and representatives from and against all liability,
<br />claims, damages, costs, judgments, losses and expenses, including but not limited to reasonable
<br />attorney’s fees, arising out of or resulting from any of their own negligent or wrongful act or
<br />omission, its officers, agents, employees, contractors and/or subcontractors, pertaining to the
<br />performance or failure to perform the Work and against all losses resulting from their own failure
<br />to fully perform all of their respective obligations under this Agreement.
<br />
<br />18. Insurance; Liability Limitation. The parties acknowledge that the City is a self-insured
<br />entity and shall remain sufficiently self-insured to cover any and all liabilities and/or judgments
<br />potentially arising out of the performance of this Agreement. Nothing in this Agreement
<br />constitutes, nor shall be construed to constitute, a waiver of any liability limitation contained in
<br />4
<br />Qbhf!363!pg!413
<br />
<br />
|