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New Brighton Comprehensive Plan Update
<br />October 19, 2016
<br />Page 4
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<br />488540v2 SJS NE136-8
<br />G. WORK PRODUCTS AND OWNERSHIP OF DOCUMENTS
<br />All records, information, materials and other work products, including, but not limited to the
<br />completed reports, plans, materials, and timelines prepared and developed in connection with
<br />the provision of services pursuant to this Agreement shall become the property of the
<br />CLIENT upon delivery to the CLIENT representatives.
<br />H. INDEPENDENT CONTRACTOR
<br />All services provided pursuant to this Agreement shall be provided by the CONSULTANT as
<br />an independent contractor and not as an employee of the CLIENT for any purpose. Any and
<br />all officers, employees, subcontractors, and agents of the CONSULTANT, or any other
<br />person engaged by the CONSULTANT in the performance of work or services pursuant to
<br />this Agreement, shall not be considered employees of the CLIENT. Any and all actions
<br />which arise as a consequence of any act or omission on the part of the CONSULTANT, its
<br />officers, employees, subcontractors, or agents, or other persons engaged by the
<br />CONSULTANT in the performance of work or services pursuant to this Agreement, shall not
<br />be the obligation or responsibility of the CLIENT. The CONSULTANT, its officers,
<br />employees, subcontractors, or agents shall not be entitled to any of the rights, privileges, or
<br />benefits of the CLIENT’S employees, except as otherwise stated herein.
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<br />I. NONDISCRIMINATION
<br />The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex,
<br />national origin, or handicap unrelated to the duties of a position, of applicants for
<br />employment or employees as to terms of employment, promotion, demotion or transfer,
<br />recruitment, layoff or termination, compensation, selection for training, or participation in
<br />recreational and educational activities.
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<br />J. EQUAL OPPORTUNITY
<br />During the performance of this Contract, the CONSULTANT, in compliance with Executive
<br />Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41
<br />CFR Part 60, shall not discriminate against any employee or applicant for employment
<br />because of race, color, religion, sex or national origin. The CONSULTANT shall take
<br />affirmative action to insure that applicants for employment are employed, and that employees
<br />are treated during employment, without regard to their race, color, religion, sex or national
<br />origin. Such action shall include, but not be limited to, the following: employment,
<br />upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination,
<br />rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship. The CONSULTANT shall post in conspicuous places available to employees
<br />and applicants for employment notices to be provided by the Government setting forth the
<br />provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified
<br />applicants will receive consideration for employment without regard to race, color, religion,
<br />sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of
<br />this paragraph in all of its subcontracts for program work, and will require all of its
<br />subcontractors for such work to incorporate such requirements in all subcontracts for program
<br />work.
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