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ATTACHMENT 1 139following the delivery of the termination notice, and the City may, in addition to any 140other rights or remedies it may have, retain another consultant to undertake or complete 141the Work to be performed hereunder. 142 14310.Subcontractor. The Consultant shall not enter into subcontracts for services provided 144under this Agreement without the express written consent of the Alliance, to include 145designated representative(s) from the City. The Consultant shall promptly pay any 146subcontractor involved in the performance of this Agreement as required by the State 147Prompt Payment Act. 148 14911.Independent Consultant. At all times and for all purposes herein, the Consultant is an 150independent contractor and not an employee of the City. No statement herein shall be 151construed so as to find the Consultant an employee of the City. 152 15312.Non-Discrimination. During the performance of this Agreement, the Consultant shall 154not discriminate against any person, contractor, vendor, employee or applicant for 155employment because of race, color, creed, religion, national origin, sex, marital status, 156status with regard to public assistance, disability, sexual orientation or age. The 157Consultant shall post in places available to employees and applicants for employment, 158notices setting forth the provision of this non-discrimination clause and stating that all 159qualified applicants will receive consideration for employment. The Consultant shall 160incorporate the foregoing requirements of this Provision 12 in all of its subcontracts for 161Work done under this Agreement, and will require all of its subcontractors performing 162such Work to incorporate such requirements in all subcontracts for the performance of 163the Work. The Consultant further agrees to comply with all aspects of the Minnesota 164Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act 165of 1964, and the Americans with Disabilities Act of 1990. 166 16713.Assignment. The Consultant shall not assign this Agreement, nor its rights and/or 168obligations hereunder, without the prior written consent of the City. 169 17014.Services Not Provided For. No claim for services furnished by the Consultant not 171specifically provided for herein shall be paid by the City. 172 17315.Compliance with Laws and Regulations. The Consultant shall abide with all federal, 174state and local laws, statutes, ordinances, rules and regulations in the performance of the 175Work. The Consultant and City, together with their respective agents and employees, 176agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes 177Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any 178violation by the Consultant of statutes, ordinances, rules and regulations pertaining to the 179Work to be performed shall constitute a material breach of this Agreement and entitle the 180City to immediately terminate this Agreement. 181 18216.Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall 183not affect, in any respect, the validity of the remainder of this Agreement. 184 Qbhf!:7!pg!264