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Contract No. ML14012
<br />funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "A8 2766 -
<br />MSERCs."
<br />C. The determination of AS 2766- MSERC's is to be prorated based upon the AS 2766 program's
<br />contribution to the cost associated with the air quality benefits. In the case where AS 2766 Discretionary
<br />Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or
<br />repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be
<br />retired. The determination of AS 2766- MSERCs for infrastructure and other ancillary items is to be
<br />prorated based upon the AS 2766 program's contribution to the associated air quality benefits.
<br />Determination of the project's overall cost will be on a case -by -case basis at the time an MSERC
<br />application is submitted, SCAQMD staff, at the time an MSERC application is submitted, will calculate
<br />total MSERCs and retire the AS 2766- MSERCs, CONTRACTOR would then receive the balance of the
<br />MSERCs not associated with AS 2766 funding.
<br />11. NOTICES - All notices that are required under this Contract shall be provided in the manner set forth herein,
<br />unless specified otherwise, Notice to a party shall be delivered to the attention of the person listed below, or
<br />to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in
<br />writing sent by email, U.S. Mail, express, certified, return receipt requested, or a nationally recognized
<br />overnight courier service. In the case of email communications, valid notice shall be deemed to have been
<br />delivered upon sending, provided the sender obtained an electronic confirmation of delivery. Email
<br />communications shall be deemed to have been received on the date of such transmission, provided such
<br />date was a business day (Tuesday - Friday) and delivered prior to 5:30pm Pacific Standard Time. Otherwise,
<br />receipt of email communications shall be deemed to have occurred on the following business day. In the
<br />case of U.S. Mail notice, notice shall be deemed to be received when delivered or five (5) business days
<br />after deposit in the U. S. Mail. In the case of a nationally recognized overnight courier service, notice shall be
<br />deemed received when delivered (written receipt of delivery).
<br />SCAQMD:
<br />South Coast Air Quality Management District
<br />21865 Copley Drive
<br />Diamond Bar, CA 91765 -4178
<br />Attn: Cynthia Ravenstein, MSRC Contracts Administrator, email: cravensteineaomd.gov
<br />CONTRACTOR:
<br />City of Santa Ana
<br />215 South Center St.
<br />Santa Ana, CA 92703
<br />Attn: Rick Longobart, email: RLonoobart(a santa- ana.org
<br />18. INDEPENDENT CONTRACTOR - CONTRACTOR is an independent contractor. CONTRACTOR, its
<br />officers, employees, agents, representatives, or subcontractors shall In no sense be considered employees
<br />or agents of SCAQMD, nor shall CONTRACTOR, its officers, employees, agents, representatives, or
<br />subcontractors be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended
<br />by SCAQMD to its employees. SCAQMD will not supervise, direct, or have control over, or be responsible
<br />for, CONTRACTOR's or subcontractor's means, methods, techniques, work sequences or procedures, or for
<br />the safety precautions and programs incident thereto, or for any failure by them to comply with any local,
<br />state, or federal laws, or rules or regulations, including state minimum wage laws and OSHA requirements.
<br />20A -7
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