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HomeMy WebLinkAbout2025-10-07; City Council; Resolution 2025-224Exhibit 1 RESOLUTION NO. 2025-224 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CALSTART TERMS AND CONDITIONS FOR THE ENERGY INFRASTRUCTURE INCENTIVES FOR ZERO-EMISSION, OR ENERGIIZE, COMMERCIAL VEHICLES PROJECT AND SIGN ALL OTHER DOCUMENTS AS NECESSARY FOR REGULATORY COMPLIANCE, TO EXTEND FUNDING OPPORTUNITIES, AND TO OTHERWISE EXECUTE AND IMPLEMENT THE GRANT AGREEMENT WHEREAS, on Jan. 11, 2022, the City Council adopted Resolution No. 2022-008, expanding the scope of the Fleet Fuel Island Upgrade Project, Capital Improvement Program Project No. 4747, to include the purchase, installation and activation of electric vehicle, or EV, charging infrastructure and authorized an agreement with San Diego Gas & Electric, or SDGE, to participate in the Power Your Drive for Fleets’ Make Ready Infrastructure Program; and WHEREAS, upon adoption of Resolution No. 2022-008, staff began the development of an EV charging depot at the city’s Fleet Maintenance Building located at 2480 Impala Drive; and WHEREAS, the agreement with SDGE provided for the construction of up to 26 direct current, or DC, EV charging stations; and WHEREAS, 12 DC fast EV charging stations have already been constructed at the charging depot and the final phase of the agreement is currently being developed to install an additional 12 DC EV charging stations; and WHEREAS, to offset the cost of completing the EV charging depot, the city has applied for a State of California grant opportunity through the Energy Infrastructure Incentives for Zero Emission, or EnergIIZE, Commercial Vehicles Project; and WHEREAS, the EnergIIZE grant opportunity provides grantees with the opportunity to be reimbursed for up to 50% of the cost of EV charging equipment with a maximum reimbursable amount of $500,000; and WHEREAS, the city has received a conditional notice of award of an EnergIIZE grant; and WHEREAS, the next step in the grant process requires agreeing to the grant’s Terms and Conditions. Oct. 7, 2025 Item #2 Page 5 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Council has determined that the proposed action is not a “project” as defined by the California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the execution of the CALSTART Terms and Conditions for the Energy Infrastructure Incentives for Zero Emission, or EnergIIZE, Commercial Vehicles Project, and implementation of the grant agreement. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. 3.That the City Council authorizes the City Manager, or designee, to execute the Terms and Conditions for participation in the Energy Infrastructure Incentives for Zero Emission (EnergIIZE) Commercial Vehicles Project through CALSTART program, attached hereto as Attachment A. 4.That the City Manager, or designee, is authorized to sign all other documents necessary for regulatory compliance, to extend funding opportunities, and to otherwise execute and implement the grant agreement, all of which are subject to review and approval as to form by the City Attorney’s office. Oct. 7, 2025 Item #2 Page 6 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of October, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. _____________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Oct. 7, 2025 Item #2 Page 7 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D Terms and Conditions EnergIIZE Applicant and/or Applicant Team Effective Date: June 23, 2023 As a condition for participating in the Energy Infrastructure Incentives for Zero-Emission Commercial Vehicles (EnergIIZE) Project, either the incentive Applicant Team, Recipient, or Application/Installation Partners must comply with the requirements below with the Recipient of EnergIIZE funds bearing responsibility for ensuring compliance. Applicant Teams must mutually agree upon which items they intend to be responsible for by initialing each line below and by signing and dating the document. Upon execution of an agreement with CALSTART and the Incentive Recipient, CALSTART will counter sign the document executing the EnergIIZE agreement. Infrastructure Will Support Medium and Heavy-Duty Vehicles 1._________ I assure that equipment purchased with an EnergIIZE incentive, including electric vehicle charging and hydrogen fueling equipment, will be utilized for the charging or fueling of Class 2B – Class 8 commercial vehicles; 2._________ I agree to provide access to charging/fueling equipment for the intended commercial fleet or the public at the agreed upon location; Maintaining, Using, and Operating Equipment 3._________ I agree to ensure that chargers/refueling stations installed in the project are operational at least 97 percent of a charging/refueling site’s standard hours of operation for five years after commissioning. Without limitation to other rights and remedies which the CEC may have, including but not limited to provisions specified in the Terms and Conditions of this agreement, this requirement to ensure operationality for five years after commissioning shall survive the completion or termination date of this agreement. In addition to the foregoing requirements regarding uptime, I further agree to take reasonable and necessary steps in preparation for compliance with forthcoming legislation on uptime (i.e., AB 2061) which may impact infrastructure installed after 1/1/2024. 4._________ I agree to maintain equipment insurance as required by law; Attachment A Oct. 7, 2025 Item #2 Page 8 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D 1 | Page 5._________ I agree to ensure equipment purchased with an EnergIIZE incentive, including electric vehicle charging and hydrogen fueling equipment, will be maintained as recommended by the manufacturer and as needed to prolong the equipment lifetime; 6._________ I agree that equipment purchased with an EnergIIZE incentive, including electric vehicle charging and hydrogen fueling equipment, will be operated as recommended by the manufacturer to ensure durability and efficiency; 7._________ I agree to the Manufacturers Terms and Conditions for usage of the equipment and to purchase extended product warranty; For Charging as a Service Vendors ONLY: 8._________ I agree to full responsibility for project management, installation, construction, operation, and maintenance of charging infrastructure; 9._________ I agree to provide and maintain cable management systems for charging stalls and shall ensure compliance with any associated authority having jurisdiction (AHJ) requirements for the fleet or site listed on the application; For Hydrogen Awardees ONLY: 10._________ I agree to follow requirements of the Hydrogen Safety Plan detailed in the Implementation Manual, including compliance, adherence to Hydrogen Safety Plan, and training. 11._________ I agree that, should the Applicant’s adherence with the public guidelines or its Hydrogen Safety Plan(s) lapse, without limitation to any other rights, EnergIIZE staff reserves the right to cancel the Applicant’s agreement funded by this incentive project. 12._________ I agree to follow standards, laws, regulations, and guidelines applicable to Hydrogen listed in the Implementation Manual as well as though required by the applicable AHJ and by law. Vendor Assurances 13._________ I agree to carry Worker's Compensation Insurance for all employees who will be engaged in the performance of this Agreement and agree to furnish EnergIIZE staff with satisfactory evidence of this insurance at any time it may be requested; Oct. 7, 2025 Item #2 Page 9 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D 2 | Page 14. _________ If self-insured for worker's compensation, I hereby warrant such self-insurance is permissible under the laws of the State of California and agree to furnish to EnergIIZE staff satisfactory evidence of this insurance at any time EnergIIZE staff may request; 15. _________ I agree to ensure vendor and/or sub-vendor’s, Contractors State License Board (CSLB) number active, in good standing, and make EnergIIZE staff aware of any updates to my status in a timely manner. 16. ________ I agree to perform reasonable due diligence in the selection of a vendor, installer, or subcontractor who aids in the construction, installation, commissioning, or completion of an infrastructure site and hereby waive any rights to hold responsible EnergIIZE staff for potential delays, damages, or injuries; if applicable. Equipment Compliance 17. _________ I agree that equipment must be in compliance and remain in compliance with all applicable US federal, California state, and local rules and regulations, including those regarding air quality; furthermore, I agree that EnergIIZE staff reserves the right to check compliance at any time; 18. _________ I agree to be available for any follow-up inspection by EnergIIZE staff or their designee, if requested, and agree to provide reasonable facilities and assistance for the safety and convenience of their representatives. All site visits and evaluations will be performed in a manner that does not unduly interfere with or delay the work; Project Communication 19. _________ When the incentive has been received by the Project Partner, and in any instance wherein the incentive is canceled for any reason, I will notify voucherprocessing@tetratech.com if a different person should receive these messages instead; Public Funding Sources 20. _________ I agree to disclose to EnergIIZE staff all sources of public funding that apply to the purchase of any equipment for which I request EnergIIZE incentives; Oct. 7, 2025 Item #2 Page 10 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D 3 | Page ADA Compliance 21. _________ I agree to comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA; AB 841 Compliance 22. _________ I agree to comply with Assembly Bill 841 (2020), as applicable. AB 841 (Ting, 2020) added Public Utilities Code (PUC) section 740.20, which requires Electric Vehicle Infrastructure Training Program (EVITP) certification to install electric vehicle charging infrastructure and equipment for work performed on or after January 1, 2022, subject to certain exceptions. I agree to comply with EnergIIZE staff requests for information to confirm compliance with this item. All electric vehicle charging infrastructure and equipment located on the customer side of the electrical meter shall be installed by a contractor with the appropriate license classification, as determined by the Contractors’ State License Board, and at least one electrician on each crew, at any given time, who holds an EVITP certification. Projects that include installation of a charging port supplying 25 kilowatts or more to a vehicle must have at least 25 percent of the total electricians working on the crew for the project, at any given time, who hold EVITP certification. One member of each crew may be both the contractor and an EVITP certified electrician. The requirements stated in this paragraph do not apply to any of the following: 1) Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility. 2) Electric vehicle charging infrastructure funded by moneys derived from credits generated from the Low Carbon Fuel Standard Program (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). Billing and Payment Oct. 7, 2025 Item #2 Page 11 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D 4 | Page 23. _________ I agree that all projects receiving funds through an EnergIIZE incentive shall comply with all California public works requirements (Lab. Code § 1720 et seq. and 8 CCR 16000 et seq.) including but not limited to the payment of prevailing wages; 24. _________ I agree that all project billings shall clearly summarize actual itemized costs billed and requested for reimbursement as outlined as eligible costs in the EnergIIZE Implementation Manual. I agree that I will not request reimbursement for ineligible costs on any invoice submitted; 25. _________ I agree to submit these itemized project billings and to report matching costs (if applicable) with sufficient supporting documentation and based upon actual costs incurred. I further acknowledge that the failure to do so may result in delayed payment; 26. _________I agree to notify EnergIIZE staff of any changes to this project’s Milestone Payment Request Form and Schedule, including but not limited to expected timeline of payment requests, and understand that failure to do so may result in delayed payment; 27. _________ I agree to retain all project records for a minimum of three (3) years after the final payment has been received or after the agreement term, whichever is later, unless otherwise specified in the agreement. These records include but are not limited to payment requests, the equipment invoice(s), proof of purchase, equipment payment information and related bank records, documentation of match funding, and purchaser information; 28. _________Upon written request from EnergIIZE staff I agree to provide detailed documentation of all project expenses at any time throughout the project and for a period of at least three (3) years thereafter. I acknowledge and agree that project documentation, including documentation of project expenses, is subject to audit by the California Energy Commission or its designated representative. Requesting New Equipment 29. _________ I agree to seek pre-approval from the EnergIIZE staff on the inclusion of new equipment for approval if not included on the Site Equipment Manifest. I understand that changes to charging/refueling equipment is not permitted after moving to Step 3; Incentive Processing Center Oct. 7, 2025 Item #2 Page 12 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D 5 | Page 30. _________ I agree to keep my EnergIIZE Incentive Processing Center account, and any shared accounts, active while I have unredeemed incentives, for the three (3) years after project commissioning; 31. _________ If applicable, I agree to partner with any Project Partner requesting an incentive on my behalf to ensure complete documentation for incentive redemption. I further understand that I will receive automated emails from the EnergIIZE Incentive Processing Center if a Project Partner requests an incentive on my behalf; Data Collection 32. _________ I agree to ensure a minimum of thirty-six (36) months of data collection on deployed infrastructure equipment, reported quarterly, starting from the date of final commissioning. Data requirements are outlined in section 9.6 of the Implementation Manual; 33. _________ I agree to respond to surveys put forth by EnergIIZE staff on a quarterly basis for a period of thirty-six (36) months from the date of final commissioning; Project Timeline 34. _________ I agree to inform EnergIIZE staff in a timely manner if the deployment timeline (time from execution of this agreement to final commissioning) exceeds twenty-four (24) months. Failure to do so may place the Applicant at risk of delayed or cancelled incentive payment(s). EnergIIZE Applicant and, if applicable, Application Partner and Additional Signatories undersigned agree jointly to the following items: Information Sharing 35. I understand and agree that basic project information (i.e. location, organization name, and infrastructure to be installed) will be shared with geographically relevant utility provider(s) for the purposes of infrastructure planning and incentive coordination; 36. General information about my project may be shared publicly including but not limited to awardee name, project type, project zip code, number and type of infrastructure installed, and Oct. 7, 2025 Item #2 Page 13 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D 6 | Page number of vehicles being serviced. EnergIIZE staff will share approximate location on a map for the public to view. Confidential Information 37.I agree that application materials submitted for this incentive request are considered confidential if marked as such; Compliance with Terms 38.I agree that failure to comply with the terms of this agreement may result in withholding of future payments or repayment of received incentive funds to EnergIIZE staff and may be considered for any future award determinations; 39.I agree to comply with applicable US federal, California state, and/or local rules, regulations, and law. I agree that failure to do so may result in a cancellation of my incentive and repayment of received incentives. 40.I agree the information represented on all forms submitted to EnergIIZE staff as part of my application are true and correct and all supporting documentation is true and correct and meet the minimum requirements of EnergIIZE; 41.I understand and agree that after an incentive request is submitted, the end-user cannot be changed; 42.I understand that EnergIIZE staff reserves all rights and remedies available under the law to enforce the terms of this agreement; Implementation Manual 43.I acknowledge that EnergIIZE staff may at any time, by written order, make changes within the EnergIIZE Implementation Manual to affect future incentive rollout. Any such changes will not cause an increase or decrease in the estimated cost of, or the time required for, completion of the current project under this agreement; 44.I have read, understand, and agree to all provisions in the EnergIIZE Implementation Manual; Privacy Policy 45.I have read and agree to the EnergIIZE Commercial Vehicles Privacy Policy; Oct. 7, 2025 Item #2 Page 14 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D 7 | Page Equipment 46.I understand and agree that this EnergIIZE incentive request is only valid for the specific equipment purchased through this specific vendor/manufacturer, and that any incentive provided based on this request will be null and void if the purchaser, vendor/manufacturer, or equipment identified herein change after incentive receipt or for noncompliance with applicable EnergIIZE requirements; Acknowledgement of Terms 47.Please place an “X” in the space provided indicating whether one or more parties are signing this agreement: •_________ Applicant is sole signer of this agreement: By signing this EnergIIZE Incentive Request Terms and Conditions Form, I acknowledge that I have read and understand, and Applicant agrees to be bound by, the entire terms and conditions as described above. I certify under penalty of perjury that the information provided is accurate and (if applicable) do hereby assert I have been granted authority by my organization to sign and agree on their behalf. •_________Applicant, Application Partner, and/or additional signatories are signing this agreement: By signing this EnergIIZE Incentive Request Terms and Conditions Form, we acknowledge that we have read and understand, and all signatories agree to be bound by, the terms and conditions as described above. We agree that each party is separately responsible for the numbered items above as defined by the party name next to each numbered item. We acknowledge all parties agree to all the lettered items listed above, jointly. We certify under penalty of perjury that the information provided is accurate and (if applicable) do hereby assert we have been granted authority by our organizations to sign and agree on their behalf. If applicable, does this incentive request represent your organization’s first zero-emission infrastructure purchase? ☐Yes ☐No Oct. 7, 2025 Item #2 Page 15 of 31 X n Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D 8 | Page By Signing the EnergIIZE Incentive Request and Terms and Conditions Form, I acknowledge that I have read and understand, and agree to be bound by, the terms and conditions as outlined above. I certify that under penalty of perjury that the information provided is accurate. Applicant Company/Organization Name: Name of Authorized Representative and Title: Signature of Authorized Representative: Date: CALSTART, Administrator of EnergIIZE Company/Organization Name: CALSTART Name of Authorized Representative and Title: Piero Stillitano Signature of Authorized Representative: Date: Application Partner, if applicable Name of Application Partner (Company/Organization Name): Name of Authorized Representative and Title: Signature of Authorized Representative: Date: Additional Signatory, if applicable Company/Organization Name: Oct. 7, 2025 Item #2 Page 16 of 31 City of Carlsbad Geoff Patnoe, City Manager Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D 10/8/25 9 | Page Relationship to project (recipient, applicant team member, installation partner, fleet, etc.): Name of Authorized Representative and Title: Signature of Authorized Representative: Date: Additional Signatory, if applicable Company/Organization Name: Relationship to project (recipient, applicant team member, installation partner, fleet, etc.): Name of Authorized Representative and Title: Signature of Authorized Representative: Date: Oct. 7, 2025 Item #2 Page 17 of 31 Docusign Envelope ID: 828942D2-C0DD-4406-B44E-BD0370DFC40D