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Revised 3/18/2020 137 termination notice, and the City may, in addition to any other rights or remedies it may 138 have, retain another consultant to undertake or complete the Work to be performed 139 hereunder. 140 141 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided 142 under this Agreement without the express written consent of the City. The Consultant shall 143 promptly pay any subcontractor involved in the performance of this Agreement as required 144 by the State Prompt Payment Act. 145 146 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an 147 independent contractor and not an employee of the City. No statement herein shall be 148 construed so as to find the Consultant an employee of the City. 149 150 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not 151 discriminate against any person, contractor, vendor, employee or applicant for employment 152 because of race, color, creed, religion, national origin, sex, marital status, status with regard 153 to public assistance, disability, sexual orientation or age. The Consultant shall post in 154 places available to employees and applicants for employment, notices setting forth the 155 provision of this non-discrimination clause and stating that all qualified applicants will 156 receive consideration for employment. The Consultant shall incorporate the foregoing 157 requirements of this Provision 12 in all of its subcontracts for Work done under this 158 Agreement, and will require all of its subcontractors performing such Work to incorporate 159 such requirements in all subcontracts for the performance of the Work. The Consultant 160 further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota 161 Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with 162 Disabilities Act of 1990. 163 164 13. Assignment. The Consultant shall not assign this Agreement, nor its rights and/or 165 obligations hereunder, without the prior written consent of the City. 166 167 14. Services Not Provided For. No claim for services furnished by the Consultant not 168 specifically provided for herein shall be paid by the City. 169 170 15. Compliance with Laws and Regulations. The Consultant shall abide with all federal, state 171 and local laws, statutes, ordinances, rules and regulations in the performance of the Work. 172 The Consultant and City, together with their respective agents and employees, agree to 173 abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 174 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation 175 by the Consultant of statutes, ordinances, rules and regulations pertaining to the Work to 176 be performed shall constitute a material breach of this Agreement and entitle the City to 177 immediately terminate this Agreement. 178 179 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall 180 not affect, in any respect, the validity of the remainder of this Agreement. 181