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Contract No, MH4012
<br />funded by the AS 2766 program, and which are subject to retirement, shall be referred to as "AB 2766 -
<br />MSERCs,"
<br />C. The determination of AS 2766- MSERC's is to be prorated based upon the AB 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 AB 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 />17, 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 cravensteh(dagmd gov
<br />CONTRACTOR:
<br />City of Santa Ana
<br />215 South Center St,
<br />Santa Ana, CA 92703
<br />Aft Rick Longobart, email: RIengobart(asanta -an".or
<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 />20D -7
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