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Contract No ML12014
<br />agreement and shall include the following requirement: the obligation to accrue mileage within the South
<br />Coast Air Quality Management District shall be a continuing obligation of the subsequent purchaser,
<br />lessee, transferee, successor in interest, heir or assign and shall remain in full force and effect until the
<br />expiration of the five year operation period. This obligation shall be passed down to any subsequent
<br />purchaser, lessee or transferee during this five year term and AQMD shall be an intended third-party
<br />beneficiary of any subsequent agreement. Upon receiving notice of any subsequent sale, lease, transfer,
<br />subsequent purchaser, either lessee, reimbursement specified
<br />or assignee to comply nwitClause
<br />h the
<br />15SA and 15,8, or require divestiture,
<br />continuing obligation to operate the vehicle for a period of no less than five (5) years from the date the
<br />vehicle entered service (new vehicles) or re-service (re-powered vehicles). Notice of AQMD's election of
<br />remedies shall be provided to CONTRACTOR and any subsequent purchaser, lessee, transferee or
<br />assignee in a timely fashion.
<br />16. 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. Mai,, 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, California 92703
<br />Attn: Rick Longobart
<br />17. 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 />18. 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 />55B-11
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