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A - 0200/ - o 03X South Coast FY(,.MSRCAR 2766 Discrenonap' Fund Alternative ruels Subvention Fund Vatch Program _Air Quality -Management District Contract No. AB 2766/50102 lPY ALTERNATIVE FUELS SUBVENTION FUND MATCH PROGRAM CONTRACT WHEREAS, the parties to this Contract are the South Coast Air Quality Management District (hereinafter referred to as "AQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765, and City of Santa Ana (hereinafter referred to as "CONTRACTOR") whose address is 20 Civic Center Plaza (M-83), Santa Ana, California 92702. WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State) and AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act; and WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD's Governing Board has authorized the imposition of the statutorily set motor vehicle fee and by taking such action the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD; and WHEREAS, State Health and Safety Code Section 44243(c) further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles; and WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account and pursuant to approval of the work program by AQMD's Governing Board, AQMD Board authorized a contract with CONTRACTOR for the project described in Attachment 1 (Project Description) incorporated herein and made a part hereof, and WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR's Alternative Fuels Subvention Match Program Application dated February 1, 2001. NOW THEREFORE, the Parties agree as follows: TERMS AND CONDITIONS OF PERFORMANCE DMV FEES . CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fee to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD's receipts of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely manner.