|
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 />
|