Common use of Program Implementer Qualifications Clause in Contracts

Program Implementer Qualifications. The RFP solicitation shall provide that third parties seeking to be Program Implementers must meet certain minimum requirements in order to submit an offer in response to the RFP. The RFP will provide that each Program Implementer will be required to execute and deliver one or more Program Agreements with the Program Administrator (and, if applicable, the Participating EDUs) that includes terms and conditions pursuant to which the Program Implementer, depending on the scope of work to be provided by such Program Implementer to the CFR Program, will: (a) indemnify, defend, and hold each of the Participating EDUs, their Affiliates, and each of their respective Representatives harmless for and from any liabilities arising from or in connection with any negligent or intentional acts/omissions or mismanagement of Program Funds or other LCFS Credit Revenue by such Program Implementer, its contractors or subcontractors, or any of its or their respective Representatives (collectively, the “Program Implementer Representatives”); (b) have procured, and will cause Program Implementer Representatives and other vendors and contractors, to have or procure, sufficient insurance to cover their liabilities in such amounts equal to or in excess of such minimum coverage amounts as are determined by the Steering Committee to cover any negligence, errors or omissions, or mismanagement of the Program Funds, LCFS Credit Revenue or the CFR Program by the Program Implementer Representatives; (c) have internal practices and procedures to prevent the risk of fraud or mismanagement (including terms and conditions that would apply to the evaluation of claims submitted and payment of Reward Amounts to participating ▇▇▇ dealers); (d) have experience managing large-scale programs with aggregate funding in excess of $100 million; (e) have technological experience creating web-based programs; (f) ensure that all agreements with subcontractors include terms for the protection of the Participating EDUs; (g) not be an Affiliate of the Program Administrator or any Participating EDU; and (h) have practices and procedures to prevent and prosecute fraud by ▇▇▇ dealers seeking reimbursement for Reward Amounts, such as through carefully crafted terms and conditions to which ▇▇▇ purchasers and point-of-sale entities must agree to receive the applicable Reward Amount for the ▇▇▇ purchaser.

Appears in 2 contracts

Sources: Governance Agreement, Governance Agreement

Program Implementer Qualifications. The RFP solicitation shall provide that third parties seeking to be Program Implementers must meet certain minimum requirements in order to submit an offer in response to the RFP. The RFP will provide that each Program Implementer will be required to execute and deliver one or more Program Agreements with the Program Administrator (and, if applicable, the Participating EDUs) that includes terms and conditions pursuant to which the Program Implementer, depending on the scope of work to be provided by such Program Implementer to the CFR Program, will: (a) indemnify, defend, and hold each of the Participating EDUs, their Affiliates, and each of their respective Representatives harmless for and from any liabilities arising from or in connection with any negligent or intentional acts/omissions or mismanagement of Program Funds or other LCFS Credit Revenue by such Program Implementer, its contractors or subcontractors, or any of its or their respective Representatives (collectively, the “Program Implementer Representatives”); (b) have procured, and will cause Program Implementer Representatives and other vendors and contractors, to have or procure, sufficient insurance to cover their liabilities in such amounts equal to or in excess of such minimum coverage amounts as are determined by the Steering Committee to cover any negligence, errors or omissions, or mismanagement of the Program Funds, LCFS Credit Revenue or the CFR Program by the Program Implementer Representatives; (c) have internal practices and procedures to prevent the risk of fraud or mismanagement (including terms and conditions that would apply to the evaluation of claims submitted and payment of Reward Amounts to participating ▇▇▇ ZEV dealers); (d) have experience managing large-scale programs with aggregate funding in excess of $100 million; (e) have technological experience creating web-based programs; (f) ensure that all agreements with subcontractors include terms for the protection of the Participating EDUs; (g) not be an Affiliate of the Program Administrator or any Participating EDU; and (h) have practices and procedures to prevent and prosecute fraud by ▇▇▇ dealers seeking reimbursement for Reward Amounts, such as through carefully crafted terms and conditions to which ▇▇▇ purchasers and point-of-sale entities must agree to receive the applicable Reward Amount for the ▇▇▇ ZEV purchaser.

Appears in 1 contract

Sources: Clean Fuel Reward Program Governance Agreement