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Attachment A Revised 1/28/21 139 following the delivery of the termination notice, and the City may, in addition to any 140 other rights or remedies it may have, retain another consultant to undertake or complete 141 the Work to be performed hereunder. 142 143 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided 144 under this Agreement without the express written consent of the Alliance, to include 145 designated representative(s) from the City. The Consultant shall promptly pay any 146 subcontractor involved in the performance of this Agreement as required by the State 147 Prompt Payment Act. 148 149 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an 150 independent contractor and not an employee of the City. No statement herein shall be 151 construed so as to find the Consultant an employee of the City. 152 153 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall 154 not discriminate against any person, contractor, vendor, employee or applicant for 155 employment because of race, color, creed, religion, national origin, sex, marital status, 156 status with regard to public assistance, disability, sexual orientation or age. The 157 Consultant shall post in places available to employees and applicants for employment, 158 notices setting forth the provision of this non-discrimination clause and stating that all 159 qualified applicants will receive consideration for employment. The Consultant shall 160 incorporate the foregoing requirements of this Provision 12 in all of its subcontracts for 161 Work done under this Agreement, and will require all of its subcontractors performing 162 such Work to incorporate such requirements in all subcontracts for the performance of 163 the Work. The Consultant further agrees to comply with all aspects of the Minnesota 164 Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act 165 of 1964, and the Americans with Disabilities Act of 1990. 166 167 13. Assignment. The Consultant shall not assign this Agreement, nor its rights and/or 168 obligations hereunder, without the prior written consent of the City. 169 170 14. Services Not Provided For. No claim for services furnished by the Consultant not 171 specifically provided for herein shall be paid by the City. 172 173 15. Compliance with Laws and Regulations. The Consultant shall abide with all federal, 174 state and local laws, statutes, ordinances, rules and regulations in theperformance of the 175 Work. The Consultant and City, together with their respective agents and employees, 176 agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes 177 Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any 178 violation by the Consultant of statutes, ordinances, rules and regulations pertaining to the 179 Work to be performed shall constitute a material breach of this Agreement and entitle the 180 City to immediately terminate this Agreement. 181 182 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall 183 not affect, in any respect, the validity of the remainder of this Agreement. 184