Common use of Minimum Performance Requirements Clause in Contracts

Minimum Performance Requirements. Listed below are the minimum performance requirements for efforts and/or technologies funded under this Agreement. NYSERDA will consider written requests for modifications to the minimum requirements, however modifications are subject to NYSERDA review and approval. The Contractor may propose a project based on previous design efforts, but the project must meet the Minimum Performance Requirements. Implementation or installation must occur after approval of the design. Previous design services, installed, or implemented measures or project elements will not be funded under this Contract. The NYSERDA Project Manager will schedule routine conference calls to ensure the project is on track and meet the required guidelines. Requirements for this component: • The vehicle shall be a new battery electric vehicle. • Vehicles shall be purchased and owned by the municipality, not leased. • The vehicle may include a wrap or decal. If a wrap or decal is included, the design must be approved by NYSERDA. • Vehicles must be manufactured for use primarily on public streets, roads, and highways and have a maximum speed capability of at least fifty-five miles per hour. • NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. Requirements for this component: • Electric vehicle charging stations shall consist of Level 2 charging ports with SAE J1772 connectors or direct current (DC) fast charge ports with both a CHAdeMO and SAE J1772 Combo connectors. • The equipment shall be owned by the municipality. A site host agreement is required if the municipality does not own the land on which the charging station will be installed. • Charging stations shall be fully installed and operational to receive final grant payment. • The equipment shall be in continuous use by the municipality for a period of at least four (4) years. • Not more than $10,000 of NYSERDA payments shall be paid per charging port for Networked Level 2 stations. For Non-Networked Level 2 stations, no more than $4,000 per charging port shall be paid. For DC fast charge stations, not more than $40,000 per charging port shall be paid. • NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. • Charging Stations receiving funding from NYSDEC's ▇▇▇ program or NYSERDA's Charge Ready Program are not eligible for funding under the CEC grant program and vice versa.

Minimum Performance Requirements. Listed below are the minimum performance requirements for efforts and/or technologies funded under this Agreement. NYSERDA will consider written requests for modifications to the minimum requirements, however modifications are subject to NYSERDA review and approval. The Contractor may propose a project based on previous design efforts, but the project must meet the Minimum Performance Requirements. Implementation or installation must occur after approval of the design. Previous design services, installed, or implemented measures or project elements will not be funded under this Contract. The NYSERDA Project Manager will schedule routine conference calls to ensure the project is on track and meet the required guidelines. Requirements for this component: • The vehicle shall be a new battery electric vehicle. • Vehicles shall be purchased and owned by the municipality, not leased. • The vehicle may include a wrap or decal. If a wrap or decal is included, the design must be approved by NYSERDA. • Vehicles must be manufactured for use primarily on public streets, roads, and highways and have a maximum speed capability of at least fifty-five miles per hour. • NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. Requirements for this component: • Electric vehicle charging stations shall consist of Level 2 charging ports with SAE J1772 connectors or direct current (DC) fast charge ports with both a CHAdeMO and SAE J1772 Combo connectors. • The equipment shall be owned by the municipality. A site host agreement is required if the municipality does not own the land on which the charging station will be installed. • Charging stations shall be fully installed and operational to receive final grant payment. • The equipment shall be in continuous use by the municipality for a period of at least four (4) years. • Not more than $10,000 of NYSERDA payments shall be paid per charging port for Networked Level 2 stations. For Non-Networked Level 2 stations, no more than $4,000 per charging port shall be paid. For DC fast charge stations, not more than $40,000 per charging port shall be paid. • NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. • Charging Stations receiving funding from NYSDEC's ▇▇▇ program or NYSERDA's Charge Ready Program are not eligible for funding under the CEC grant program and vice versa.. The total NYSERDA award amount and the total project cost for all Tasks shall not exceed the amount identified in the Milestone Payment Table below. All cost overruns shall be the sole responsibility of the Contractor. The Contractor is solely responsible for all Tasks in this Statement of Work. Submission of deliverables to NYSERDA electronically (by email or via Salesforce) constitutes certification of the veracity of information contained therein, and compliance with Minimum Performance Requirements as identified in this Agreement. The Contractor shall conduct all work as outlined in the following Tasks: