HomeMy WebLinkAboutSan Diego Gas and Electric Company; 2022-02-08;A ~ Sempra Energy utility
SDG&E Power Your Drive for Fleets Make-Ready Infrastructure Program
Pat·ticipation Agreement
This PROGRAM PARTICIPATION AGREEMENT ("Agreement") is by and between SAN
DIEGO GAS & ELE TRIC COMP ANY, a alifornia corporation ("SDG&E") and City of
Carlsbad ("Program Participant '). SDG&E and Program Participant are referr d to collectively
as the "Paiiies."
RECITALS
1. In suppo1i of California's goal to reach 1.5 million zero-emission vehicles by 2025 and at
least 5 million zero-emission vehicles by 2030, SDG&E will own, install, operate, and
maintain Electric Vehicle Charging Make-Ready ("Make-Ready") Infrastructure at qualifying
and selected locations operating qualified Medium-Duty/Heavy-Duty Electric Vehicles
("MD/HD EV"), as paii of SDG&E's Power Your Drive for Fleets Make-Ready Infrastructure
Program ("Program"), as approved by the California Public Utilities Commission ("CPUC");
fuJI definitions of teims located after signature page. Companies who wish to participate in
the Program must agree to the tenns and conditions as provided for in this Agreement.
2. In general tl1e Program prov1des no-cost design, installation, and operation of the Utility-Side
Make-Ready ("Utility-Side Make-Ready") lnfraslructure and either:
• No-cost design installation, and operation of the Customer-Side Make-Ready(' Customer-
Side Make-Ready") Infrastruch1re; OR
• Prograi11 Participant may choose to design install, and operate ( Self-Install") the
Customer-Side Make-Ready Infrastructure.
o Program Participants that select the Self-Install option may be eligible for a rebate
of up to 80% of the cost to design and install the Customer-Side Make-Ready
Tnfrastrncture.
• Electric Vehicle Supply Equipment (EVSE) Rebate: Prograin Participant may qualify for
ai1 EVSE Rebate of up to 50% of the costs to putchase qualifiedEVSE.
• Electric Vebicl Energy Rate
o SDG&E's optional Electric Vehicle-Higl1 Power Charging rate <EV-HP) for
Program Participants will replace demand charges with a new subscription pricing
plan.
3. Program Paiticipant and SDG&E are entering into this Agreement for paiiicipation in the
Program; and for installation of the Infrastructure at:
2480 Impala Drive, Carlsbad, CA 92010, APN 209-050-26
1.0 GENERAL PROGRAM REQUIREMENTS AND REBATE:
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To paiticipate in the Program, Program Participant shall comply with the following requirements:
Customer-Side Make~Ready options:
Program Pai1icipant shall designate an Infrastructure Make-Ready option below:
0 Program Paiticipant elects SDG&E to design, install, and operate the Customer-Side Make-
Ready Infrastructure.
D Program Participant elects to Self-Install the Customer-Side Make-Ready Infrastructme
Option. *A,ftle/llfum L: Sel[-/11sta/lerl Customer-Side /11[r11.ftruct11re A1/dem/11111 !!i'ets forth Ille tletail.\' all(/
{1(lf/i/io11al tetm.f tmtl co11ditiom· that ttpply lo this option. Pmgmm P<1rlicipr111ts wh,, elect lhi,)' optiou shall ,Ii,:11
11ml retum Aildell(/11111 1 flloug ,vith this Agreement.
Vehicle Acquisition Plan:
The Vehicle Acquisition Plan is a commitment that the s1ated number of nnique vehicles will use
the infrastructure within the estimated delivery date. These vehicles may be owned/Leased by the
Program Participant or owned/leased by others using the site.
Program Pa1ticipant shall provide Proof of Purchase or other evidence for the purchase of no fewer
than two (2) Class 2 tlu-ough Class 8 MD/HD EYs; or reh·ofit a minimum of two (2) existing diesel
fueled MD/HD vehicles to electric. Program Participant shall provide such evidence pl'ior to
SDG&E initiating pre-const1·uction activities.
Prior to signing this Agreement Program Participant shall complete the table below, detailing
Electric Vehicle Acquisition Plan for the period encompassing the enn of this Agreement.
Vehicle Acquisition Plan
Q4 2022 EV VAN -CLASS 2B 2
Q4 2023 EV TRUCK -CLASS 2 2
Q4 2023 EV VAN -CLASS 2B 2
Q2 2024 EV VAN or TRUCK -CLASS 2B 5
Q4 2024 EV VAN or TRUCK-CLASS 3 or higher 1
Q2 2025 EV VAN or TRUCK -CLASS 2B 3
Q4 2025 EV TRUCK -CLASS 3 or higher 1
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Q2 2025 EV TRUCK -CLASS 3 or higher 1
Q2 2026 EV VAN or TRUCK-CLASS 2B 1
Q2 2027 EV VAN or TRUCK -CLASS 2B 8
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Electric Vehicle Service Provider ("EVSP"): Program Participant shall contract with a qualified
EVSP listed on the SDG&E Approved Product List ('APL ') to procme install, operate, and
maintain at a minimwn, a quantity of one (1) EVSE in good working order for the Tenn of this
Agreement and provide usage data fo r a period of five (5) years.
Program Pmticipant shall work with selected EVSP to develop and submit to SDG&E any load
management tactics that il will implement at its Medium~Outy/Heavy-Duty EV Charging Facility.
Program Participant shall submit the fi nal load management plan to DG& ' p11ior to th
completion of construction activities.
Prior to signing this Agreement, Program Participant shall complete the table below, detailing
EVSE to be purchased and jnstalled under the scope of the Program.
EVSP/EVSE Info
•
Q2 2022 SDG&E Approved TBD/DCFC 62.5 kW 2
APL
Q2 2023 SDG&E Approved TBD/DCFC 62.5 kW 2
APL
Q2 2024 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q2 2025 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q4 2025 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q2 2026 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q4 2026 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q2 2027 SDG&E Approved TBD/DCFC 62.5 kW 2
APL
Operations & Maintenance: The Program Participant is required to operate and maintain the
Charging Station(s) for the Te1m of this Agreement. Program Paiticipant shall pay all O&M costs
and make best effmt to maintain availability at the direction of SDG&E. Program Paiticipant shall
maintain the common area improvements immediately sunounding the Charging Station(s) to
ensure there is enough space for vehicles to reach Charging Stations and to ensure Charging
Station(s) are in good condition, ordinary wear and teai· excluded. Program Paiticipant shall
promptly notify SDG&E of any problems it is aware ofrelated to the Make-Ready Infrastructure.
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Data Collection & Use: Program Paiiicipant shall supp01i the data collection requirements of the
Program. Data collection requirements will conform with the requirements of the California
Public Utilities Commission and Data Reporting template.
Program Paiiicipant hereby expressly consents to the use and disclosure, by SDG&E, its agents
and representatives, of data gathered as paii of the Program for use in regulatory repo1iing, industry
forums, case studies or other similar activities.
Easement: Progtam Participant represents that the landowner ("Grantor'') has been consulted and
has agreed to grant SD & .. th Easement required for the Infrastructure. Additionally, Program
Prutlcipant represents and warrants herein that such Grantor understands and is agreeable to the
terms contained in the attached form Exhibit A: Easement, and f11rtb.er, that this Agreeme11t may
be incorporated in its entirety or parts thereof into said Easement at SDG&E's discretion, that said
Easement remains with the prope1iy title upon transfer and may only be quitclaimed by SDG&E
in accordance with this Agreement and the Easement.
EVSE Rebate: Program Participant may qualify for an EVSE Rebate of up to 50% of the costs to
purchase qualified EVSE.
to 50% of the cost ofEVSE, max $3,000
19.3 kW to 50 kW
50.1 kW to 150 kW
150.1 kW+ Up to 50% of the cost ofEVSE, max $75,000 per VSE
Rebate eligibility requirements include:
• EVSE is listed on the Approved Product List (APL);
• Program Paiiicipant is a Transit or School District;
or is located in a Disadvantaged Community ("DAC"}
• and is not a Fortune 1000 Company
~ VSE Rebates will be paid after:
• Program Participant submits Rebate Application;
• Program Pruiicipant provides Proof of Purchase ofEVSE;
• SDG&E inspects the installation of the EVSE and if applicable Program Participant
Owned Infrastn.tctme;
• EVSEs are operational .
2.0 RIGHT TO ACCESS
Program Paiiicipant shall provide SDG&E, its representatives, contractors and designees access
to the project location for purposes of design and installation of the Infrastructure.. SDG&E, its
contractors and designees shall make reasonable accommodations to minimize all impacts to
Program Participant operations.
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3 .0 INSTALLATION OF EQUIPMENT
SDG&E, its contractors, representatives, and designees will design and construct the Infrastructure
in compliance with this Agreement, as well as all applicable local, state and federal laws and
regulatory requirements.
4.0 AMEIUCANS WITH DISABILITES ACT (ADA) REQUIREMENTS
Program Participant acknowledges that electric vehicle charging facilities are required to comply
with the Americans with Disabilities Act (ADA), if applicable, and California Building Standards,
which may impact parki11g Jayouts and design.
5.0 RELOCATIONS
Removal: Except as otherwise provided herein or in the Easement, at any time during the Te1m
of this Agreement or the duration of the Easement, whichever is longer, should Program
Participant require removal of the Infrastructure or parts thereof, other than those specifically
t:Onlemplated herein, Program Participant shall bear full cost and sole expense of such removal of
all Infrastructw·e installed pursuant to this Agreement.
Relocations: Except as otherwise provided herein or in the Easement, at any time during this
Agreement or the duration of the Easement, whichever is longer, should Program Participant
require relocation of infrastructure installed pursuant to this Agreement. Such relocation shall be
by mutual agreement of the Parties. Should SDG&E approve relocation of such facilities such
relocation shall be at sole expense of Program Pa1ticipant regardless of whether Utility-Owned or
ustomer-Owned and in accordance with any Program requirements Jaws regulations, or other
applicable jwisdictional requirements in effect at the time of relocation. Additionally, at
SDG&E s discretion, upon a relocation, Program Pa1ticipant shall either amend the Easement to
include the legal description of the new location or enter into a new Easement with SDG&E.
6.0 DUTY TO NOTIFY
Program Paiticipant shall notify SDG&E immediately regarding any unsafe, inoperable or
damaged equipment. In addition, Program Paiticipant shall immediately repmt all claims and/or
incidents to SDG&E or its designated representative(s) and promptly thereafter confirm in
wri6ng, the occunence of any injury loss or damage incurred by Program Participant.
If Program Paiticipant has received or receives any other incentives or rebates for any
Infrastrncture or equipment covered under the scope of this Program, Program Paiticipant shall
notify SDG&E of any such incentives or rebates as soon as reasonably practicable. In the event
that any such incentives or rebates, when combined with the EVSE Rebate or Customer-Owned
Infrastructure Rebate provided by SDG&E, would reimburse Program Participant for more than
100 percent of the cost, SDG&E shall decrease the applicable rebate amount if not yet paid, or if
already paid, submit a reimbursement request to the Program Paiticipant for the amount of the
rebate payment exceeding 100 percent of the cost incuned by Program Paiticipant.
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7.0 OPERATIONAL CONDITIONS AND PROGRAM PARTlCIPANT CONTACTS
Program Participant shall perform ce1iain operational functions such as rep01i conditions and
issues related to the Infrastructure.
For these purposes and other related reasons, Program Participant shall have two designated
contacts with cmTent and available contact information at all times.
Designated Contact Person for Operations
(Name, Email, Phone#)
Bradley Northup, Public Works Superintendent -Fleet Operation
brad1ey.no11hup@carlsbadca.gov
760-602-2400 x3186
Designated Backup Contact Person for Operations
(Name, mail. Puone #)
Paz Gomez, Deputy City Manager -Public Works
paz.gomez(a2carlsbadca.gov
760-602-2749
8.0 COMPENSATION
Except as otherwise prnvtded in this Agreement, under no conditions shall Program Participant
receive compensation of any 1 ind, either by cash, in-kllld services, or otherwise, for any duties or
requirements provided for in this Agreement or for participation in any way as pa1t of the Progrnm,
including but not limited to:
• Easement;
• Use of data fo r lawful purposes;
• Loss of business activity during construction or maintenance activities, or
• Any other inconvenience or loss, without limitation, related to paiiicipation.
9.0 CONFIDENTIALITY
During the Term of this Agreement, Program Participant may be provided with information of a
confidential nature ("Confidential Information") by SDG&E or its representatives.
Throughout and after the duration of this Agreement, Program Paiiicipant shall hold all
Confidential Information in strict confidence. Without SDG&E's prior written approval, Program
Participant shall not use, disclose, reproduce, distribute, or otherwise misappropriate any
Confidential Info1mation, nor shall Program Pa1ticipant take any action that may cause, or fail to
take any action necessaiy to prevent causing, any Confidential Information to lose its character as
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Confidential Information. SDG&E acknowledges that Program Paiticipant is subject to the
California Public Records Act (CPRA). Nothing in this agreement prohibits Program Paiiicipant
from releasing documents that are not exempt from disclosure under the CPRA or applicable law.
10.0 INTELLECTUAL PROPERTY
Nothing in th is Agreement or the Parties' performance of it is intended or shall be deemed o
convey any inte llectual property rights to Prngram Partjcipanl. All intelle tual property rights
relating to the P1·ogram are expressly reserved to SOG&E, its contractors or otber designated
representatives and their respective licensors.
11.0 WAIVER
No provision of this Agreement may be waived unless agreed to by SDG&E, its contractors or
other designated representatives and Program Paiticipant in writing. The failure of SDG&E, its
contractors or other designated representatives or Program Paiticipant to insist upon strict
peiformance of any provision of the Agreement, or to exercise any right based upon a breach
thereof or the acceptance of any performance during such a breach shall not constitute a waiver
of any right under this Agreement.
12.0 DISPUTE RESOLUTION
In the event of a dispute relating to th.is Agreement Program Participant and SDG&E, its
contl'actors or other designated representatives shall make a good faith effort to resolve the dispute
by negotiation between representatives with decision-making authority, who, to the ell.1ent
possible shall not have had substantive involvement in tht: matLers of the dispute.
13.0 GOVERNING LAW
This Agreement shall be governed by the laws of the State of California, excluding its conflict of
laws rules. The exclusive venue for any Jitigation arising from or relating to this Agreement shall
be in San Diego County, California.
14.0 PROGRAM PARTICIPANT REPRESENTATIONS
Program Participant is an independent entity from SDG&E, its affiliates, contractors, vendors,
representatives, or designees and nothing herein shall be construed as creating any agency,
partnership, or other form of joint enterprise between the Program Pa1ticipant and SDG&E, its
affiliates, contractors, vendors, representatives or designees nor create any obligations or
responsibilities on their behalf except as otherwise provide herein, nor make any representations
of any kind to this effect.
15.0 SEVERABILITY
If any provision under this Agreement or its application to any person or circumstance is held
invalid by any comt of lawful jurisdiction, such invalidity shall not affect other provisions of the
V2.2 06Jul21 8
Agreement which can be given effect without the invalid provision.
16.0 FALSIFICATION AND MISREPRESENTATION
Program Paiiicipant shall not falsify or misrepresent invoices or other documentation to SDG&E,
its contractors or other designated representatives.
17,0 MARKETING & BRANDING
Disclaime1·: All marketing, advertising or promotional materials wbjch r ference SDG&E, its
contractors or other designated representatives 01· the Program itself. shall include a disclaimer
which shal 1 state tl1at Program Participant is not an agent or affi I iate of any and all of SDU-&H, its
contractors or otl er designated representatives.
Logos/ Trademarks: Program Pa1ticipant shall not \.tse the logos, trademarks or service marks
of the Program, SDG&E, its contractors, or other designated representatives in any of Program
Paiticipant' s marketing, adve1iising, or promotional materials without express written approval
from SDG&E, its contractors or other designated representatives as appropriate. SDG&E shall
not use the logos, trademarks o · services marks of Program Participant without express wiitten
approval from Program Pa1iicipant.
Marketing Matel·ials: Program Participant must use up-to-date Program marketing
materials. All marketing and advertising materials shall comply with the California Business and
Professions Code.
Endorsements: Program Participant shall not state or imply endorsement of its products or
services on the pa1i of SDG&E, its contractors or other designated representatives or the Program.
Right to Review Materials: SDG&E, its contractors or other designated representatives reserves
the right to review and approve any and all advertisjng~ marketing, or promotional copy or
materials developed or used by the Program Pa,ticipant which references the Program Pa11icipant's
participation in this Agreement or the Program, financing and other SDG&E programs or those of
the contractors or other designated representatives. At its sole discretion, SDG&E, its contractors
or other designated representatives may require the Program Pmiicipant to submit such copy and
materials for pre-approval. Approval shall be granted, unless SDG&E, its contractors or other
designated representatives, in its sole discretion, dete1mines that the copy or materials are
misleading, in enor, or fail to meet the requirements of this Agreement. The Program Paiiicipant
agrees to remove from circulation oi-otherwise discontinue the ·use of any such material .
18.0 CHANGES
SDG&E, its contractors or other designated representatives may initiate changes to the Program
as circumstances dictate. SDG&E, its contractors or other designated representatives will make
every effmi to provide at least 30 calendar days written notice of changes that affect Program
activities. However, SDG&E, its contractors or other designated representatives reserve the right
to make immediate changes, without notice, as deemed necessary or in the best interest of SDG&E
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and its Customers. In the event SDG&E, its contractors or other designated representatives
materially change the Program to the detriment of Program Participant, Program Participant may
terminate this Agreement upon 30 days written notice to SDG&E.
Design Changes: A preliminary layout of proposed facilities will be provided via the 30% Design
Acceptance document. Program Participant shall provide signed acceptance of the 30% Design
Acceptance document ce1tifying that the location of the facilities to be owned and operated by
SDG&E are acceptable and not in conflict with the Paiticipants planned improvements and fmther
authorizes SDG&E to proceed wiU1 the preparation of final design(s), drawing(s), and cost(s).
Prograin Participant aclmowledges and agrees that any Infrastructure installed by SDG&E may
vary rom the design, if, in SDG&E's sole discr tion, actual site conditions or municipal
requirements dictate such changes. Program Participant may be responsible for incremental costs
i : 1) There are changes to the system caused by the Participant or Parlkipant's authorized
representative, 2) There is a deviation from the electric load infonnation specified within the
approved Desktop Review/Load Study which will necessitate design and/or construction changes,
3) the project is cancelled after this Agreement is executed.
19,0 FRAUD AND DISHONESTY; COMPLIANCE WITH LAWS
Program Patiicipant expressly warrants and reptesents that it shall conduct its business activities
wjtbout perpetrating any fraud or dishon sty through the Program. Program Pa1ticipant shall use
best efforts to avoid doing any harm to SDG&E, their Contractors or other designated
representatives' including the brands or goodwill of same. Program Patiicipant shall comply
with all applicable federal, state, and local statutes, rules, regulations, laws, orders and decisions
that relate to or govern its paiticipation in the Program.
20.0 BREACH OF AGREEMENT
Without limitation, and to the greatest extent allowed by law, SDG&E and Program Participant
reserve the right to seek damages and recovery for los es incmTed due to ai1y breach of this
Agreement on the pait of Program Paiticipant or SDG&E as applicable, whether intentional or
unintentional.
21.0 TERMINATION AND TRANSFER
Term ("Term"): This Agreement shall be in effect from the Effective Date ("Effective Date")
through a period of ten (10) years from the In-Service Date ("In-Service Date"), unless the patties
agree in writing to cancel or extend the Term, subject to this Agreement.
SDG&E Right to Terminate: SDG&E, its Contractors or their designated representatives may
terminate, or for any duration suspend, this Agreement and Program Pa1ticipant' s paiticipation in the
Program, or operation of the Infrastructure, with or without cause, at any time, and for any reason. Such
reasons may include but are not limited to:
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At Program Participant's removal cost, if removal requested by SDG&E for Program
Participant's:
• Failure to provide or comply with terms of (he Easement
• Breacl1 of Agreement in whole or in part
At SDG&E's removal cost, if:
• Permitting issues
• Exceptional installation costs
• Environmental concerns
• Program no longer authorized by the CPUC
• Any other reason(s) not in Program or ratepayers' best interest
Termination: Program Participant may te1minate this Agreement upon thi1ty (30) days notice
should SDG&E materially breach any material te1m of this Agreement or fail to perfonn any
material obligations hereunder, aft.et notice and a reasonable opportunity to cure. Should a sale
of property or other circumstance result in Program Participant losing its ability to perform its
obligaliuns per this Agreement Program Pa1ticipant shall immediately notify SDG&E in writing
and without delay within ten (10) days of Program Participant knowledge of such a possibility and
notwithstanding anything to the contrary contained herein, this Agreement shall terminate.
Should Program Participant request removal or termination, for any reason, of Electric Vehicle
Supply Equjpment ("EVSE ') or parts thereof prior to expiration of the Term, Program Participant
shall bear the full cost and sole expense of such removal as well as all fees and costs, as
circmnstances may dictate, for losses incmred by SDG&E on behalf of ratepayers, lf after
signing this Agreement, Program Pmiicipant withdraws from the Program prior to the site being
activated then SDG&E reserves the right to recover all fees and costs incull'ed by it and its
subcontractors afteJ the execution of the Agreement including but not limited to, design cost site
walk costs, etc.
Transfer of Agreement: Under no circumstance may this Agreement or pruts thereof be
assigned, transferred or otherwise conveyed without prior written consent of SDG&E and/or its
designated representative. Such consent will not be unreasonably withheld. The assignee in any
such pe1mitted assignment shall assume all rights and obligations fol' the remaining Tenn.
Used and Useful: Program Pruiicipant shall demonstrate to SDG&E's reasonable satisfaction
that the Infrastructure will be operated by the Program Paiiicipant within three months of the
Infrastructure In-Service Date. Thereafter, at SDG&E's discretion, it may request evidence that
Program Participant is operating these vehicles and associated charging in accordance with its
Electric Vehicle Acquisition Plan. If Program Pa1iicipant is not operating vehicles consistent with
such plan, at SDG&E's discretion Program Paiiicipant may be responsible for SDG&E costs
associated with installing the excess Infrastructure. This includes costs, as circumstances may
dictate, for losses incuned by SDG&E on behalf of ratepayers, such as costs of equipment, site
design and installation. Costs shall not exceed the Customer-side Infrastructure cost estimated to
be $100,000. This cost will be updated upon final completion of the project.
End of Term: At the end of the Te1m, unless the paities agree otherwise, SDG&E shall remove
at its cost or abandon in-place Utility-Owned Infrastructure at SDG&E's discretion; Program
Pruiicipant is responsible for Self-Installed Customer-Owned Infrastructure and EVSE at Program
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Participant's own cost.
22.0 NOTICES
Any notice provided under this Agreement shall be sent via first-class U.S. Mail. Notice is
deemed effective on the third day after it is deposited in the U.S. Mail. Alternatively, notice may
be given by fax or email, which is effective upon confitmation of successful transmission to the
recipient. Notice pursuant to this Agreement shall be sent to:
PROGRAM PARTICIPANT:
(Name, Address, Email)
Paz Gomez, Deputy City Manager -Public Works
1635 Faraday Avenue
Carlsbad, CA 92008
paz.gomez@carlsbadca.gov
SAN DIEGO GAS & ELECTRIC COMP ANY:
Name:
Adch·ess:
Emai l:
Name:
Address :
Email:
Chris Faretta, Clean Transportation Programs Manager
8306 Century Park Court, CP4 l F, San Diego, CA 92123
faretta@sdge.com
Annamay Luyun
8306 Century Park Court, CP41F, San Diego, CA 92123
aluyun@sdge.com
23.0 MISCELLANEOUS
This Agreement, including the Exhibits attached hereto and all items incorporated herein by
reference and any written modification shall represent the entire and integrated agreement between
the Patties hereto regarding the subject matter of this Agreement and shall constitute the exclusive
statement of the te1ms and conditions of the Patties' agreement, and shall supersede any and all
prior negotiations, representations or agreements, written or oral, express or implied, that relate in
any way to the subject matter of this Agreement or written modification. If any provision of this
Agreement is in any way deemed unenforceable, then the remainder of this Agreement and the
application of such term or provision to persons or circumstances other than those to which it is
held tmenforceable, shall not be affected, and each term and provision shall be enforceable to tl1e
fullest extent permitted by law.
Program Participant represents and warrants that it has the requisite power, legal authority and
capacity to enter into this Agreement and to perform each and every obligation required of Program
Patiicipant under this Agreement and that the undersigned is authorized to execute this Agreement
V2.2 06Jul21 12
on behalf of Program Pai1icipaut. For federal govenunent Program Participants you must be a
Contracting Officer authorized to enter into this Agreement.
PROGRAM PARTICIPANT: SAN DIEGO GAS & ELECTRIC COMP ANY
Signature & Date:
X ~t
Signature & Date:
Chris
X Faretta
Chris Faretta
Digitally signed by
Chris Faretta
Date: 2022.02.08
11 :46:46 -08'00'
Clean Transportation Proctrarns Manaqer
APPROVED AS TO FORM
Celia A. Brewer. City Attorney
DEFINITIONS By: ~"'--~.._.,-6 ~,-0~
Asst/Deputy City Attorney
• A roved Ptoduct List AP~~ ~h~trs1bif1Rf~rn qualified by SDG&E and meeting SDG&E's
technical requi1:ements, Rebate eligible Program PaTticipants must select EVSE from the APL
in order to receive an EVSE Rebate (if available).
California Public Utilities Commission (CPUC): The Califomia state regulatory agency that is
responsible for regulating privately owned electric, natural gas, telecommunications, water,
railroad, rail transit, and passenger transportation compa11ies.
CPUC's Transportation Electrification Safety Requirements Check.list: The Safety
Requirements Checldist applies to CPUC-Approved Transpo11ation Electrification Programs.
Customer-Owned Infrastructure: This includes the EVSE purchased and installed by the
Program Pa11icipant pursuant to this Agreement; and the Customer-Side Mal<~Ready, if the
Program Pat1icipant elects the Self-Install Customer-Side Make-Ready option.
Customer-Side Make-Ready: The Customer-Side Make-Ready lnfrastruetuxe includes all
Infrastructure from the utility meter up to the first point of interconnection with the EVSE.
Make-Ready, as defined herein, does NOT include purchase or installation of the EVSE.
Disadvantaged Community (DAC): Census tracts in California with a top 25% quartile score
according to California Environmental Protection Agency's Ca1EnviroSc11een 3.0 tool.
Ea.sement: A real property insh·ument substantially in the form of Exhibit A attached hereto to
grant right of way for SDG&E to construct, maintain, operate, and repair any Utility-Owned
Infrastmcture.
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• Effective Date: The date (hat this Agreement is dually signed and executed.
• Electric Vehicle Service Provider (EVSP): The entity from which the EVSE and Network
Services is purchased.
• Electric Vehicle Supply Equipment (EVSE): An 'individual charging s a ion unit tha may
contain one or more charging po1is for the purpose of connecting the electric vehicle to a grid-
connected power source capable of recharging the vehicle's battery pack. The individual
connectors of the EVSE are referred to as ports. Eacb EVSB can charge one or more vehicles
depending on the number of ports the unit is equipped with. Qualifying EVSE that meets lhe
technical specifications set f01ih by SDG&E are listed in the APL.
• EVSE Rebate: Financial reimbursement paid to an eligible Program Paiiicipant, or its
designee, pursuant to the te1ms and conditions of the Program, to offset a p01iion of the
purchase of approved EVSE.
• In-Service Date: The date the Infrastructure install ed under this Agreement becomes available
for use by (he Program Participant.
• Infrastructure: The equipment and mate1ials to be installed by either pat1y pursuant to this
Ag,·eement on both the lltility-Side and Customer-Side of the elechic meter.
• Make-Ready Infrastructure: All infrastructure necessary to operate EVSE; this .includes all
ti-enching, conduit, wire hardscape wod<, signage, protective measures, and site restoration,
installed so the EVSE can be mounted and any communications equipment installed. Make-
Ready, as defined herein, does NOT include (1) purchase or installation of the EVSE.
• Medium-Duty/Heavy-Duty Electric Vehicles: Includes forklifts, truck stop electt-ification,
transport refrigeration units, port cai·go trucks, transit buses, school buses~ airp01t ground
suppo1i equipment, medimn-duty vehicles, heavy-duty vehicles, and Class 2 through Class 8
on-road vehicles; as defin d by U.S. Department of Energy.
• Program: Also refened to as the Power Your Drive for Fleets Make-Ready lnfrastructme
Program. The Program is designed to help Program Participants install EV charging
Infrastructure needed to electrify their medium-and heavy-duty fleets and off-road vehicles.
• Program Participant: The SDG&E Customer that enters into this Agreement.
• Term: This Agreement shall be in effect from the Effective Date through a period of ten (10)
years from the In-Service date.
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• Utility-Owned Infrastructure: This includes all Infrastructure installed by SDG&E.
• Utility-Side Make-Ready: The Utility-Side Make-Ready Infrastructure includes all
Infrastructure work from SDG&E's distribution system to a new circuit panel that will be
installed to support EVSE. SDG&E will ALWAYS be responsible for designing, procuring,
installing, and maintaining the necessary Infrastructure on the Utility-Side of the meter.
• Vehicle Acquisition Plan : Program Paiiicipant's written plan detailing the number, type, and
charging levels of electric vehicles that will be used at the Program Participant's premises over
time to justify the requested Infrastructure.
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