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Contract No. ML12014 <br />E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the <br />project described in Attachments 1, 2, and 3 of this Contract. <br />F iif, at the completion of nfrastructure expenditures ta are essthan dtherTotal Costtamountt(s) contained n?cAtt Attachment 2, the actual <br />amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated <br />basis as described in Attachment 2. <br />G. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this <br />Contract or invoice may not be paid. <br />12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) <br />A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be <br />generated and/or sold. <br />B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the <br />air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which <br />are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or <br />other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of <br />AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and <br />which are subject to retirement, shall be referred to as "AB 2766-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. AQMD staff, at the time an MSERC application is submitted, will calculate total <br />MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the <br />MSERCs not associated with AB 2766 funding. <br />13. DISPLAY OF MSRC LOGO - CONTRACTOR agrees to permanently display one MSRC decal in a prominent <br />location on each vehicle purchased pursuant to this Contract, CONTRACTOR also agrees to permanently <br />display one MSRC decal in a prominent location on each fueling or charging station constructed or upgraded <br />pursuant to this Contract. Decals will be provided by MSRC upon notification that subject fueling station <br />equipment and/or vehicles are placed into service. Decals are approximately twelve (12) inches in height and <br />eighteen (18) inches in width (Note: a smaller decal may be provided if CONTRACTOR demonstrates that <br />application of the standard decal is not feasible). CONTRACTOR shall maintain decal for life of vehicle or <br />equipment subject to this Contract. Should any decal become damaged, faded, or otherwise unreadable, <br />CONTRACTOR shall request replacement decal from MSRC and apply new decal in the same or other <br />prominent location. MSRC shall not be responsible for damage to paint or other vehicle surfaces arising from <br />application or removal of decals. In addition, all promotional materials related to the project, including, but not <br />limited to, press kits, brochures and signs shall include the MSRC logo. Press releases shall acknowledge <br />MSRC financial support for the project. <br />14. REFUELING STATION OPERATIONAL AVAILABILITY - CONTRACTOR Is obligated to comply with the <br />alternative-fuel refueling infrastructure Operational Availability requirements set forth as follows. <br />55B-9