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11. Independent Consultant. At all times and foY all purposes herein, the Consultant <br />is an independent contractor and not an employee of the CityT. No statement herein <br />shall be construed so as to find the Consultant an employee of the Cityr. <br />12. Non-Discrimination. During the performance of this Agreement, the Consultant <br />shall not discrirninate 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, disabilityr, oY 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 employTment The Consultant shall incorporate the foregoing <br />requirements of this paragraph in all of its subcontracts for program �vork, and `vill <br />require all of its subcontractors for such work to incorporate such requirements in all <br />subcontracts for program work. <br />13. Assignment. Neither parttT shall assign this Agreement, nor any interest arising <br />heYein, without the prior written consent of the otheY paYtyr. <br />14. Services Not Provided For. No claim for services furnished byT the Consultant not <br />specificallyT provided for in Exhibit A shall be honored by the CityT. <br />15. Severability. The provisions of this Agreement are severable. If anyT portion hereof <br />is, for anyT reason, held byT a court of competent jurisdiction to be contraryT to law, <br />such decision shall not affect the remaining provisions of this Agreement. <br />16. Entire Agreement. The enriYe agYeement of the paYties is contained heYein. This <br />AgYeement supeYsedes all oYal agreements and negotiations between the paYties <br />relating to the subject matter hereof as well as any previous agreements presently in <br />effect bet�veen the parries relating to the subject matter hereo£ AnyT alterations, <br />amendments, deletions, or `vaivers of the provisions of this Agreement shall be valid <br />on1yT `vhen expressed in writing and duly signed b�T the parties, unless otherwise <br />provided herein. <br />17. Compliance with Laws and Regulations. In providing services hereunder, the <br />Consultant shall abide byT all statutes, ordinances, rules and regulations pertaining to <br />the provisions of services to be provided. The Consultant and Cityr, togetheY with <br />their respective agents and employees, agree to abide by the provisions of the <br />Minnesota Data Practices Act, Minriesota Statutes Section 13, as amended, and <br />Minnesota Rules pYomulgated 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 CityT to immediatelyT <br />teYminate this Agreement. <br />18. Waiver. AnyT waiver byT either parnT of a breach of any provision of this Agreement <br />shall not affect, in an�r respect, the validityT of the remainder of this Agreement. <br />19. Indemnification. Consultant agrees to defend, indemnif�T and hold harmless the <br />CityT and its officials, emplo�Tees and agents from any liabilityT, claims, damages, costs, <br />Page 3 of 7 Standard Agreement For Professional Services P 0 M E R E 0 e r <br />���V�� <br />