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If, however the City terminates this Agreement because the Consultant has failed to <br /> perform in accordance with this Agreement,no further payment shall be made to the <br /> Consultant,and the City may retain another consultant to undertake or complete the <br /> Work. <br /> 11. Independent Consultant. At all times and for all purposes herein,the Consultant <br /> is an independent contractor and not an employee of the City. No statement herein <br /> shall be construed so as to find the Consultant an employee of the City. <br /> 12. Non-Discrimination. During the performance of this Agreement,the Consultant <br /> shall not discriminate against any employee or applicant for employment because of <br /> race, color, creed,religion,national origin, sex,marital status, status with regard to <br /> public assistance, disability, or age. The Consultant shall post in places available to <br /> employees and applicants for employment,notices setting forth the provision 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 work,and will <br /> require all of its subcontractors for such work to incorporate such requirements in all <br /> subcontracts for program work. <br /> 13. Assignment. Neither party shall assign this Agreement,nor any interest arising <br /> herein,without the prior written consent of the other party. <br /> 14. Services Not Provided For. No claim for services furnished by the Consultant not <br /> within the scope of the Work shall be honored by the City. <br /> 15. Severability. The provisions of this Agreement are severable. If any portion hereof <br /> is, for any reason,held by a court of competent jurisdiction to be contrary to law, <br /> such decision shall not affect the remaining provisions of this Agreement. <br /> 16. Entire Agreement. The entire agreement of the parties is contained herein. This <br /> Agreement supersedes all oral agreements and negotiations between the parties <br /> relating to the subject matter hereof as well as any previous agreements presently in <br /> effect between the parties relating to the subject matter hereof. Any alterations, <br /> amendments,deletions, or waivers of the provisions of this Agreement shall be valid <br /> only when expressed in writing and duly signed by the parties, unless otherwise <br /> provided herein. <br /> 17. Compliance with Laws and Regulations. In providing services hereunder,the <br /> Consultant shall abide by all statutes, ordinances,rules and regulations pertaining to <br /> the provisions of services to be provided. The Consultant and City,together with <br /> their respective agents and employees, agree to abide by the provisions of the <br /> Minnesota Data Practices Act,Minnesota Statutes Section 13, as amended, and <br /> Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, <br /> ordinances,rules and regulations pertaining to the services to be provided shall <br /> constitute a material breach of this Agreement and entitle the City to immediately <br /> terminate this Agreement. <br /> Page 3 of 9 Standard Agreement For Professional Services <br />