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Contract No, ML18046 <br />Attn: Chris Langenour, email: clangenour santaµana.org <br />18. INDEPENDENT CONTRACTOR <br />CONTRACTOR is an independent contractor. CONTRACTOR, its officers, employees, agents, <br />representatives, or subcontractors shall in no sense be considered employees or agents of SCAQMD, nor <br />shall CONTRACTOR, its officers, employees, agents, representatives, or subcontractors be entitled to or <br />eligible to participate in any benefits, privileges, or plans, given or extended by SCAQMD to its employees. <br />SCAQMD will not supervise, direct, or have control over, or be responsible for, CONTRACTOR's or <br />subcontractor's means, methods, techniques, work sequences or procedures, or for the safety precautions <br />and programs incident thereto, or for any failure by them to comply with any local, state, or federal laws, or <br />rules or regulations, including state minimum wage laws and OSHA requirements. <br />19. SUBCONTRACTOR APPROVAL <br />If CONTRACTOR intends to subcontract all or a portion of the work under this Contract, then <br />CONTRACTOR must first obtain written approval from SCAQMD's Executive Officer or designee prior to <br />subcontracting any work. Such prior approval applies only to subcontractors not already included in <br />Attachment 1, Statement of Work. Any material changes to the subcontract(s) that affect the scope of work, <br />deliverable schedule, and/or paymenticost schedule shall also require the prior written approval of the <br />Executive Officer or designee. No subcontract charges will be reimbursed unless the required approvals <br />have been obtained from SCAQMD. <br />20. OWNERSHIP <br />Title and full ownership rights to any equiprrfent12Urbh'1sect under this Contract shall at all times remain with <br />CONTRACTOR. <br />21. SECURITY INTEREST <br />CONTRACTOR hereby grants SCAQMD a s�uriyntegsjn any and all equipment purchased, in whale or <br />in part, with funding provided by SCAQMD pursuant to this Contract. CONTRACTOR acknowledges and <br />agrees that SCAQMD shall have all lien rights as a secured creditor on any and all equipment purchased in <br />whole or in part by the CONTRACTOR, under this Contract or any amendments thereto. The SCAQMD shall <br />have lien rights in effect until the CONTRACTOR satisfies all terms under the Contract, including but not <br />limited to, the use and reporting requirements. Accordingly, CONTRACTOR further agrees that SCAQMD <br />is authorized to file a UCC filing statement or similar security instrument to secure its interests in the <br />equipment that is the subject of the Contract. In the event CONTRACTOR files for bankruptcy protection, <br />CONTRACTOR shall notify SCAQMD within 10 business days of such filing. <br />22. NON-DISCRIMINATION <br />In the performance of this Contract, CONTRACTOR shall not unlawfully discriminate, harass or allow <br />harassment, against any employee or applicant for employment on the basis of race, religious creed, color, <br />national origin, ancestry, sex, sexual orientation, age, mental status, medical condition, physical or mental <br />disability, denial of family and medical care leave, denial of pregnancy disability leave, or reasonable <br />accommodations. CONTRACTOR shall comply with the provisions of the California Fair Employment & <br />Housing Act (Government Code Section 12900 et seq.), the Federal Civil Rights Act of 1964 (P,L. 88-352) <br />and all amendments thereto, Executive Order No, 11246 (30 Federal Register 12319), and all administrative <br />rules and regulations issued pursuant to said Acts and Order. <br />20A-8 <br />