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Revised 1/27/22 following the delivery of the termination notice, and the City may, in addition to any 139 other rights or remedies it may have, retain another consultant to undertake or complete 140 the Work to be performed hereunder. 141 142 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided 143 under this Agreement without the express written consent of the Alliance, to include 144 designated representative(s) from the City. The Consultant shall promptly pay any 145 subcontractor involved in the performance of this Agreement as required by the State 146 Prompt Payment Act. 147 148 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an 149 independent contractor and not an employee of the City. No statement herein shall be 150 construed so as to find the Consultant an employee of the City. 151 152 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall 153 not discriminate against any person, contractor, vendor, employee or applicant for 154 employment because of race, color, creed, religion, national origin, sex, marital status, 155 status with regard to public assistance, disability, sexual orientation or age. The 156 Consultant shall post in places available to employees and applicants for employment, 157 notices setting forth the provision of this non-discrimination clause and stating that all 158 qualified applicants will receive consideration for employment. The Consultant shall 159 incorporate the foregoing requirements of this Provision 12 in all of its subcontracts for 160 Work done under this Agreement, and will require all of its subcontractors performing 161 such Work to incorporate such requirements in all subcontracts for the performance of 162 the Work. The Consultant further agrees to comply with all aspects of the Minnesota 163 Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act 164 of 1964, and the Americans with Disabilities Act of 1990. 165 166 13. Assignment. The Consultant shall not assign this Agreement, nor its rights and/or 167 obligations hereunder, without the prior written consent of the City. 168 169 14. Services Not Provided For. No claim for services furnished by the Consultant not 170 specifically provided for herein shall be paid by the City. 171 172 15. Compliance with Laws and Regulations. The Consultant shall abide with all federal, 173 state and local laws, statutes, ordinances, rules and regulations in the performance of the 174 Work. The Consultant and City, together with their respective agents and employees, 175 agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes 176 Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any 177 violation by the Consultant of statutes, ordinances, rules and regulations pertaining to the 178 Work to be performed shall constitute a material breach of this Agreement and entitle the 179 City to immediately terminate this Agreement. 180 181 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall 182 not affect, in any respect, the validity of the remainder of this Agreement. 183 184 ATTACHMENT A