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55A - RESO - GRANT APP AND AA AWARD FROM AQMD-MSRC
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05/21/2012
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55A - RESO - GRANT APP AND AA AWARD FROM AQMD-MSRC
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5/17/2012 10:31:24 AM
Creation date
5/17/2012 10:26:53 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55A
Date
5/21/2012
Destruction Year
2017
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Contract No. ML11029 <br />15. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons <br />listed below or to other such addresses or addressees as may hereafter be designated in writing for notices <br />by either party to the other. A notice shall be deemed received when delivered or three days after deposit in <br />the U.S. Mail, postage prepaid, whichever is earlier. <br />AQMD: South Coast Air Quality Management District <br />21865 Copley Drive <br />Diamond Bar, CA 91765-4178 <br />Attn: Cynthia Ravenstein, MSRC Contract Administrator <br />CONTRACTOR: City of Santa Ana <br />215 South Center Street <br />Santa Ana, CA 92703 <br />Attn: Rick Longobart <br />16. EMPLOYEES OF CONTRACTOR <br />A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD. <br />CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of <br />vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. <br />B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain <br />workers' compensation and liability insurance for each of its employees, <br />C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered <br />employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or <br />representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or <br />extended by AQMD to its employees. <br />D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, <br />which would conflict in any manner or degree with the performance of services required to be performed <br />under this Contract. CONTRACTOR further represents that in performance of this Contract, no person <br />having any such interest shall be employed by CONTRACTOR or any subcontractor. <br />17. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in <br />recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, <br />national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the <br />California Fair Employment & Housing Act (Government Code Section 12900, of se q.), the Federal Civil <br />Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No, 11246 (30 Federal <br />Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. <br />CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in <br />each such subcontract language similar to this clause. <br />18. AQMD LIEN RIGHTS - CONTRACTOR hereby grants AQMD a security interest in any and all equipment or <br />vehicles purchased in whole or in part by funding provided by AQMD pursuant to this Contract. <br />CONTRACTOR acknowledges and agrees that AQMD shall have all lien rights as a secured creditor on any <br />and all equipment and/or vehicles purchased in whole or in part by the CONTRACTOR, under this Contract <br />or any amendments thereto. The AQMD shall have lien rights in effect until the CONTRACTOR satisfies all <br />55A-27
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