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N- 2011 -063 <br />t� South Coast Contract No. '1'1545 <br />Air Quality Management District <br />Em <br />This Contract consists of 5 pages. <br />1. PARTIES -The parties to this Contract are the South Coast Air Quality Management District (referred <br />p�to here as "AQMD ") whose address is 21865 Copley Drive, Diamond Bar, California 91765 -4178, and <br />Ci tY of Santa Ana (hereinafter referred to as "CONTRACTOR ") whose address is <br />20, Civic Center Plaza, Santa Ana, CA 92702_ <br />2. RECITALS <br />A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in <br />the South Coast Air Basin in the State of California. AQMD is authorized to enter into this Contract <br />under California Health and Safety Code Section 40489. AQMD desires to contract with <br />CONTRACTOR for services described in Attachment 1 - Statement of Work, att <br />ached here and <br />made a part here by this reference. CONTRACTOR warrants that it is well - qualified and has the <br />experience to provide such services on the terms set forth here. <br />B. CONTRACTOR is authorized to do business in the State of California and attests that it is in good <br />tax standing with the California Franchise Tax Board. <br />C. All parties to this Contract have had the opportunity to have this Contract reviewed by their <br />attorney. <br />D. CONTRACTOR agrees to obtain the required licenses, permits, and all other appropriate legal <br />authorizations from all applicable federal, state and local jurisdictions and pay all applicable fees. <br />3. TERM - The term of this Contract is from the date of execution by both parties to May 31, 2011, <br />unless further extended by amendment of this Contract in writing. No work shall commence until this <br />Contract is fully executed by all parties. <br />TERMINATION <br />A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide <br />services in the manner agreed upon by the parties, including, but not limited to, the requirements <br />of Attachment 1 — Statement of Work, this failure shall constitute a breach of this Contract. The <br />non - breaching party shall notify the breaching party that it must cure this breach or provide <br />written notification of its intention to terminate this contract. Notification shall be provided in the <br />manner set forth in Clause 8. The non - breaching party reserves all rights under law and equity to <br />enforce this contract and recover damages. <br />B. AQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty <br />(30) days' written notice. Once such notice has been given, CONTRACTOR shall, except as and <br />to the extent or directed otherwise by AQMD, discontinue any Work being performed under this <br />Contract and cancel any of CONTRACTOR'S orders for materials, facilities, and supplies in <br />connection with such Work, and shall use its best efforts to procure termination of existing <br />subcontracts upon terms satisfactory to AQMD. Thereafter, CONTRACTOR shall perform only <br />such serv <br />ices as may be necessary to preserve and protect any Work already in progress and to <br />dispose of any property as requested by AQMD. <br />C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the <br />effective date of termination under Clause 4.13. Before expiration of the thirty (30) days' written <br />