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Item 22 - Natural Gas Fueling Station
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08/17/2021 Regular
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Item 22 - Natural Gas Fueling Station
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4/9/2024 11:47:29 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
22
Date
8/17/2021
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Period, as the case may be, unless this Agreement is terminated earlier in accordance with the <br />provisions hereof. The Initial Term plus any Renewal Periods are referred to as the "Term." <br />2.2 Generation of Environmental Attributes <br />2.2.1 During the Term, TruStar will have the right and responsibility, at TruStar's <br />cost and expense, to generate and monetize any and all regulatory or voluntary credits, <br />including RINs and LCFS Credits, from Environmental Attributes, howsoever entitled, <br />associated with the use of Biogas-derived CNG associated with the Station's dispensing of <br />Vehicle Fuel. <br />2.2.2 TruStar will retain the value of any Environmental Attributes and associated <br />credits it generates from the use of Biogas associated with the Stations' dispensing of <br />Vehicle Fuel. <br />2.2.3 City hereby disclaims any interest in, and represents and warrants that it has <br />not and will not grant any interest in, any Environmental Attributes that are or may be <br />attributed to Vehicle Fuel dispensed at the Station during the Term. <br />2.2.4 The Parties acknowledge and agree that (i) the generation and validity of <br />the Environmental Attributes is contingent upon the Parties' compliance with applicable <br />Law and with the Parties' respective obligations set forth herein, (ii) as such, the Parties <br />will comply with the applicable requirements of the RFS, LCFS and other applicable Law, <br />and will duly perform their respective obligations hereunder. <br />2.3 Target CNG Dispensing Amount . Upon the Start Date, within 60 days of each <br />annual anniversary thereof (a) to the extent that the Vehicle Fuel dispensed at the Station(s) <br />exceeds the Targeted CNG Dispensing Amount, TruStar shall pay the Gas Payment Amount <br />(pursuant to Section 2.7) to the City, and (b) to the extent that the Vehicle Fuel dispensed at the <br />Station(s) is less than the Targeted CNG Dispensing Amount, the City shall pay the Gas Payment <br />Amount (pursuant to Section 2.7) to TruStar, in each case, as measured on a therm or MMBtu <br />basis based on information provided to TruStar by the local gas utility or directly from utility <br />billing information. <br />2.4 Supporting Documentation. On or before the fifth (5t') Business Day following <br />the end of each month, or as soon as available to City, City will provide TruStar with supporting <br />documentation evidencing all volumes of natural gas procured at the Delivery Point from TruStar <br />and the total volume of Biogas-derived CNG dispensed as Vehicle Fuel as detailed in Section <br />2.5.2. Supporting documentation includes metering tickets, contracts and all required affidavits, <br />including without limitation, an affidavit in a form substantially similar to that which is set forth <br />as Appendix C hereto. Within 30 days of last day of each calendar quarter, TruStar will provide <br />City with supporting documentation related to compliance with the Target CNG Dispensing <br />Amount obligations in Section 2.3 above. <br />2.5 Registrations and Approvals. <br />2.5.1 TruStar Obligations. TruStar is responsible, at its cost and expense, for <br />
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