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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 "AB 2766 - <br />MSERCs." <br />C. The determination of AB 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 AB 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 AB 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 AB 2766 - MSERCs. CONTRACTOR would then receive the balance of the <br />MSERCs not associated with AB 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: craven stein(a agmd,gov <br />CONTRACTOR: <br />City of Santa Ana <br />215 South Center St, <br />Santa Ana, CA 92703 <br />Attn: Rick Longobart, email: RLonaobartgsanta- 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 />5 <br />