HomeMy WebLinkAbout2022-01-11; City Council; Resolution 2022-008Jan. 11, 2022 Item #7 Page 7 of 38
RESOLUTION NO. 2022-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAN
DIEGO GAS & ELECTRIC TO PARTICIPATE IN THE POWER YOUR DRIVE FOR
FLEETS' MAKE-READY INFRASTRUCTURE PROGRAM, AUTHORIZING
GRANTING OF EASEMENT(S) TO SAN DIEGO GAS & ELECTRIC FOR ELECTRIC
INFRASTRUCTURE, AUTHORIZING EXPANDING THE SCOPE OF THE FLEET
FUEL ISLAND CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 4747, AND
AUTHORIZING A TRANSFER AND APPROPRIATION OF $100,800 FROM THE
FLEET MAINTENANCE FUND TO THE INFRASTRUCTURE REPLACEMENT
FUND
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that San Diego Ga~.
& Electric, or SDG&E, established the Power Your Drive for Fleets' Make-Ready Infrastructure Progran-
to support California's goal to reach 1.5 million zero-emission vehicles by 2025; and
WHEREAS, staff has determined that it is necessary to install make-ready infrastructure tc
support the conversion of medium-and heavy-duty vehicles to hybrid or electric vehicles, or EV; and
WHEREAS, newly proposed California Air Resources Board, or CARB, regulations, if approved in
their current form, will require fleet owners to convert existing vehicles to zero-emission vehicles
beginning in 2025; and
WHEREAS, the Public Works Branch, Fleet Services Division staff have conducted evaluations of
the city's existing medium-and heavy-duty vehicles that would be affected by these new regulations:
and have determined the need for a consolidated EV charging hub located at the city's existing Fleet
Services facility at 248o" Impala Drive; and
WHEREAS, in order to meet the city's Climate Action Plan, or CAP, goals and prepare for these
newly proposed CARB regulations that staff expect will be adopted, staff has determined that it is in
the best interest of the city to participate in the SDG&E Power Your Drive for Fleets' Make-Ready
Infrastructure Program; and
WHEREAS, the city will be responsible for the cost of EV charging equipment with an estimated
first-year expense of $100,800 for purchase, installation and activation of two Level 3 direct current,
or DC, fast chargers; and
WHEREAS, participation in this agreement may qualify the city for rebates on the purchase cost
of EV charging equipment of up to 50% or $75,000 per charger, whichever is less, depending on the
power output of the selected charging equipment; and
Jan. 11, 2022 Item #7 Page 8 of 38
EXHIBIT l
WHEREAS, staff plan to procure EV charging equipment each year via cooperative purchasing
agreements and will utilize rebates and discounts where applicable throughout the entirety ofthe five-
year construction phase of this program; and
WHEREAS, the city will be responsible for ongoing costs of the electricity being consumed b~
these EV chargers, and staff will incorporate these costs into the Fleet Services Division fuel budget as
a cost of vehicle operation; and
WHEREAS, the city will retain ownership rights to any and all California low carbon fuel credits
that will be generated by charging medium-and heavy-duty vehicles, which can be sold to offset
program operations or equipment purchasing costs in perpetuity of the California Low Carbon Fue
Credit program; and
WHEREAS, staff request that the City Council authorize expanding the scope of the Fleet Fue
Island Upgrade Capital Improvement Program, or CIP, Project No. 4747, to include purchase,
installation and activation of EV charging infrastructure in the amount of $100,800; and
WHEREAS, staff request a transfer and appropriation of $100,800 for the purchase, installation
and activation of EV charging infrastructure from the available fund balance of the Fleet Maintenance
Fund to CIP Project No. 4747 in the Infrastructure Replacement Fund; and
WHEREAS, the City Planner has determined that pursuant to Public Resources Code Section
21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potentia[
to cause either a direct physical change in the environment, or a reasonably foreseeable indirect
change in the environment, and therefore does not require environmental review.
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 authorizes the City Manager, or designee, to enter into an
Agreement with San Diego Gas & Electric authorizing the City of Carlsbad to participate
in the Power Your Drive for Fleets' Make-Ready Infrastructure Program, attached hereto
as Attachment A.
3. The Mayor is authorized and directed to execute the public utility easement(s), attached
hereto as Exhibit A of Attachment A.
Jan. 11, 2022 Item #7 Page 9 of 38
EXHIBIT 1
4. That the City Council authorizes expanding the scope of the Fleet Fuel Island Upgrade
CIP Project No. 4747 to include purchase, installation and activation of EV charging
infrastructure.
5. That the Deputy City Manager, Administrative Services, is authorized to transfe-
$100,800 from the available fund balance of the Fleet Maintenance Fund to the
Infrastructure Replacement Fund.
6. That the Deputy City Manager, Administrative Services, is authorized to appropriate
$100,800 from the Infrastructure Replacement Fund to the Fleet Fuel Island Upgrade
CIP Project No. 4747.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City o-=
Carlsbad on the 11!h day of January 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
(SEAL)
Clerk Services Manager
Jan. 11, 2022 Item #7 Page 10 of 38
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A ~ Sempra Energy utility•
SDG&E Power Your Drive for Fleets Make-Ready Infrastructure Program
Participation Agreement
This PROGRAM PARTICIPATION AGREEMENT ("Agreement") is by and between SAN
DIEGO GAS & ELECTRIC COMPANY, a California corporation ("SDG&E") and City of
Carlsbad ("Program Participant"). SDG&E and Program Participant are referred to collectively
as the "Parties."
RECITALS
1. In support 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 part ofSDG&E's Power Your Drive for Fleets Make-Ready Infrastructure
Program ("Program"), as approved by the California Public Utilities Commission ("CPUC");
full definitions of terms located after signature page. Companies who wish to participate in
the Program must agree to the terms and conditions as provided for in this Agreement.
2. In general, the Program provides no-cost design, installation, and operation of the Utility-Side
Make-Ready ("Utility-Side Make-Ready") Infrastructure and either:
• No-cost design, installation, and operation of the Customer-Side Make-Ready ("Customer-
Side Make-Ready") Infrastructure; OR
• Program 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
Infrastructure.
• Electric Vehicle Supply Equipment (EVSE) Rebate: Program Participant may qualify for
an EVSE Rebate ofup to 50% of the costs to purchase qualified EVSE.
• Electric Vehicle Energy Rate
o SDG&E's optional Electric Vehicle-High Power Charging rate (EV-HP) for
Program Participants will replace demand charges with a new subscription pricing
plan.
3. Program Participant and SDG&E are entering into this Agreement for participation 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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Jan. 11, 2022 Item #7 Page 11 of 38
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A~ Sempra Energy ulilitl
To participate in the Program, Program Participant shall comply with the following requirements:
Customer-Side Make-Ready options:
Program Participant shall designate an Infrastructure Make-Ready option below:
0 Program Participant elects SDG&E to design, install, and operate the Customer-Side Make-
Ready Infrastructure.
□ Program Participant elects to Self-Install the Customer-Side Make-Ready Infrastructure
Option. * Adde11dum 1: Self-:lmtalled Customer-Side /11frastructure Addendum sets forth the details and
additional terms and conditiom that apply to this option. Program Participants who elect this option shall sign
and return Addendum 1 along with this Agreement.
Vehicle Acquisition Plan:
The Vehicle Acquisition Plan is a commitment that the stated number of unique 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 Participant shall provide Proof of Purchase or other evidence for the purchase of no fewer
than two (2) Class 2 through Class 8 MD/HD EV s; or retrofit a minimum of two (2) existing diesel
fueled MD/HD vehicles to electric. Program Participant shall provide such evidence prior to
SDG&E initiating pre-construction activities.
Prior to signing this Agreement, Program Participant shall complete the table below, detailing
Electric Vehicle Acquisition Plan for the period encompassing the Term of this Agreement.
Est
Delivery
Date
Q4 2022
Q4 2023
Q42023
Q2 2024
Q4 2024
Q2 2025
Q42025
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Vehicle Acquisition Plan
Vehicle Year/Make/Model
EV VAN-CLASS 2B
EV TRUCK -CLASS 2
EV VAN -CLASS 28
EV VAN or TRUCK-CLASS 2B
EV VAN or TRUCK -CLASS 3 or higher
EV VAN or TRUCK-CLASS 28
EV TRUCK -CLASS 3 or higher
2
Vehicle
Count
2
2
2
5
1
3
1
Jan. 11, 2022 Item #7 Page 12 of 38
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A ~ Sempra Energy utility•
Q2 2025 EV TRUCK -CLASS 3 or higher 1
Q2 2026 EV VAN orTRUCK-CLASS 28 1
Q2 2027 EV VAN or TRUCK-CLASS 28 8
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Jan. 11, 2022 Item #7 Page 13 of 38
Electric Vehicle Service Provider ("EVSP"): Program Participant shall contract with a qualified
EVSP listed on the SDG&E Approved Product List ("APL") to procure, install, operate, and
maintain at a minimum, a quantity of one (1) EVSE in good working order for the Term of this
Agreement and provide usage data for a period of five (5) years.
Program Participant shall work with selected EVSP to develop and submit to SDG&E any load
management tactics that it will implement at its Medium-Duty/Heavy-Duty EV Charging Facility.
Program Participant shall submit the final load management plan to SDG&E prior to the
completion of construction activities.
Prior to signing this Agreement, Program Participant shall complete the table below, detailing
EVSE to be purchased and installed under the scope of the Program.
EVSP/EVSE Info
Est Network EVSE Mfr/Model Qty
Delivery Provider
Date
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 Term of this Agreement. Program Participant shall pay all O&M costs
and make best effort to maintain availability at the direction of SDG&E. Program Participant shall
maintain the common area improvements immediately surrounding 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 tear excluded. Program Participant shall
promptly notify SDG&E of any problems it is aware of related to the Make-Ready Infrastructure.
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Jan. 11, 2022 Item #7 Page 14 of 38
Data Collection & Use: Program Participant shall support the da,ta collection requirements of the
Program. Data collection requirements will conform with the requirements of the California
Public Utilities Commission and Data Reporting template.
Program Participant hereby expressly consents to the use and disclosure, by SDG&E, its agents
and representatives, of data gathered as part of the Program for use in regulatory reporting, industry
forums, case studies or other similar activities.
Easement: Program Participant represents that the landowner ("Grantor") has been consulted and
has agreed to grant SDG&E the Easement required for the Infrastructure. Additionally, Program
Participant represents and warrants herein that such Gran.tor understands and is agreeable to the·
terms contained in the attached form Exhibit A: Easement, and further, that this Agreement may
be incorporated in its ·entirety or parts thereof into said Easement at SDG&E's discretion, that said
Easement remains with the property 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 ofup to 50% of the costs to
purchase qualified EVSE. ·
0kWto 19.2kW to 50% of the cost ofEVSE, max $3 000
19.3 kW to 50 kW to 50% of the cost ofEVSE, max $15,000 er EVSE
50.1 kW to 150 kW to 50% of the cost ofEVSE, max $45,000 er EVSE
150.1 kW+ Up to 50% of the cost ofEVSE, max $75,000 per EVSE
Rebate eligibility requirements include:
• EVSE is listed on the Approved Product List (APL):
• Program Participant is a Transit or School District;
• or is located in a Disadvantaged Community ("DAC");
• and is not a Fortune 1000 Company
EVSE Rebates will be paid after:
• Program Participant submits Rebate Application;
• Program Participant provides Proof of Purchase of EVSE;
• SDG&E inspects the installation of the EVSE and if applicable, Program Participant
Owned Infrastructure;
• EVSEs are operational.
2.0 RIGHT TO ACCESS
Program Participant 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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Jan. 11, 2022 Item #7 Page 15 of 38
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 AMERICANS 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 parking layouts and design. ·
5.0 RELOCATIONS
Removal: Except as otherwise provided herein or in the Easement, at any time during the Term
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
contemplated herein, Program Participant shall bear full cost and sole expense of such removal of
all Infrastructure 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 Participant, regardless of whether Utility-Owned or
Customer-Owned, and in accordance with any Program requirements, laws, regulations, or other
applicable jurisdictional requirements in effect at the time of relocation. Additionally, at
SDG&E's discretion, upon a relocation, Program Participant 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 Participant shall notify SDG&E immediately regarding any unsafe, inoperable or
damaged equipment. In addition, Program Participant shall immediately report all claims and/or
incidents to SDG&E or its designated representative(s), and promptly thereafter confirm in
writing, the occurrence of any injury, loss, or damage incurred by Program Participant.
If Program Participant has received or receives any other incentives or rebates for any
Infrastructure or equipment covered under the scope of this Program, Program Participant 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 Participant for the amount of the
rebate payment exceeding 100 percent of the cost incurred by Program Participant.
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Jan. 11, 2022 Item #7 Page 16 of 38
7.0 OPERATIONAL CONDITIONS AND PROGRAM PARTICIPANT CONTACTS
Program Participant shall perform certain operational functions such as report conditions and
issues related to the Infrastructure.
For these purposes and other related reasons, Program Participant shall have two designated
contacts with current and available contact information at all times.
Designated Contact Person for Operations ·
(Name, Email, Phone#)
Bradley Northup, Public Works Superintendent-Fleet Operation
bradley.northup@carlsbadca.gov
760-602-2400 x3186
Designated Backup Contact Person for Operations
(Name, Email, Phone #)
Paz Gomez, Deputy City Manager-Public Works
paz.gomez@carlsbadca.gov
760-602-2749
8.0 COMPENSATION
Except as otherwise provided in this Agreement, under no conditions shall Program Participant
receive compensation of any kind, either by cash, in-kind services, or otherwise, for any duties or
requirements provided for in this Agreement or for participation in any way asp~ of the Program,
including but not limited to: ·
• Easement;
• Use of data for lawful purposes;
• Loss of business activity during construction or maintenance activities, or
• Any other inconvenience or loss, without limitation, related to participation.
·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 Participant 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 Information, nor shall Program Participant take any action that may cause, or fail to
take any action necessary to prevent causing, any Confidential Information to lose its character as
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Jan. 11, 2022 Item #7 Page 17 of 38
Confidential Information. SDG&E acknowledges that Program Participant is subject to the
California Public Records Act (CPRA). Nothing in this agreement prohibits Program Participant
from releasing documents that are not exempt from disclosure under the CPRA or applicable law.
10.0 INTELLECTUAL PROPERTY
Nothing in this Agreement or the Parties' performance of it is intended or shall be deemed to
convey any intellectual property rights to Program Participant. All intellectual property rights
relating to the Program are expressly reserved to SDG&E, its contractors or other designated
representatives and their respective lic_ensors.
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 Participant in writing. The failure of SDG&E, its
contractors or other designated representatives or Program Participant to insist upon strict
performance 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 this Agreement, Program Participant and SDG&E, its
contractors 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 extent
possible, shall not have had substantive involvement in the matters 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 litigation arising from or relating to thi~ 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 Participant 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 court of lawful jurisdiction, such invalidity shall not affect other provisions of the
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Jan. 11, 2022 Item #7 Page 18 of 38
Agreement which can be given effect without the invalid provision.
16.0 FALSIFICATION AND MISREPRESENTATION
Program Participant shall not falsify or misrepresent invoices or other documentation to SDG&E,
its contractors or other designated representatives.
17.0 MARKETING & BRANDING
Disclaimer: All marketing, advertising or promotional materials which reference SDG&E, its
contractors or other designated representatives or the Program itself, shall include a disclaimer
which shall state that Program Participant is not an agent or affiliate of any and all of SDG&E, its
contractors or other designated representatives.
Logos/ Trademarks: Program Participant shall not use the logos, trademarks or service marks
of the Program, SDG&E, its contractors, or other designated representatives in any of Program
Participant's marketing, advertising, ot 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 or services marks of Program Participant without express written
approval from Program Participant.
Marketing Materials: 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 part 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 advertising, marketing, or promotional copy or
materials developed or used by the Program Participant which references the Program Participant'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 Participant 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, determines that the copy or materials are
misleading, in error, or fail to meet the requir~ments of this Agreement. The Program Participant
agrees to remove from circulation or otherwise discontinue the use of any such materials.
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 effort 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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Jan. 11, 2022 Item #7 Page 19 of 38
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 certifying that the location of the facilities to be owned and operated by .
SDG&E are acceptable and not in conflict with the Participants planned improvements and further
authorizes SDG&E to proceed with the preparation of final design(s), drawing(s), and cost(s).
Program Participant acknowledges and agrees that any Infrastructure installed by SDG&E may
vary from the design, if, in SDG&E's sole discretion, actual site conditions or municipal
requirements dictate such changes. Program Participant may be responsible for incremental costs
if: 1) There are changes to the system caused by the Participant or Participant's authorized
representative, 2) There is a deviation from the electric load information 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 Participant expressly warrants and represents that it shall conduct its business activities
without perpetrating any fraud or dishonesty through the Program. Program Participant 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 Participant shall comply
with all applicable federal, state, and local statutes, rules, regulations, laws, orders and decisions
that relate to or govern its participation 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 losses incurred due to any breach, of this
Agreement on the part of Program Participant 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 often (10) years from the In-Service Date ("In-Service Date"), unless the parties
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 Participant's participation 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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Jan. 11, 2022 Item #7 Page 20 of 38
At Program Participant's removal cost, if removal requested by SDG&E for Program
Participant's:
• Failure to provide or comply with terms of the Easement
• Breach 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 terminate this Agreement upon thirty (30) days notice
should SDG&E materially breach any material term of this Agreement or fail to perform any
material obligations hereunder, after 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
obligations per this Agreement, Program Participant shall immediately notify SDG&E in writing
and without delay within ten (10) days of Program Participantlmowledge 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 Equipment ("EVSE") or parts thereof prior to expiration of the Term, Program Participant
shall bear the full cost and sole expense of such removaf as well as all fees and costs, as
circumstances may dictate, for losses incurred by SDG&E on behalf of ratepayers. If after
signing this Agreement, Program Participant withdraws from the Program prior to the site being
activated, then -SDG&E reserves the right to recover all fees and costs incurred by it and its
subcontractors after 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 parts 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 permitted assignment shall assume all rights and obligations for the remaining Term.
Used and Useful: Program Participant shall demonstrate to SDG&E's reasonable satisfaction
that the Infrastructure will be operated by the Program Participant 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 Participant is not operating vehicles consistent with
such plan, at SDG&E's discretion Program Participant may be responsible for SDG&E costs
associated with installing the excess Infrastructure. This includes costs, as circumstances may
dictate, for losses incurred 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 fmal completion of the project.
End of Term: At the end of the Term, unless the parties agree otherwise, SDG&E shall remove
at its cost or abandon in-place Utility-Owned Infrastructure at SDG&E's discretion; Program
Participant is responsible for Self-Installed Customer-Owned Infrastructure and EVSE at Program
V2.2_06Jul21 11
Jan. 11, 2022 Item #7 Page 21 of 38
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 confirmation 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:
Address:
Email:
Name:
Address:
Email:
Chris Faretta, Clean Transportation Programs Manager
8306 Century Park Court, CP41F, San Diego, CA 92123
cfaretta@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 Parties hereto regarding the subject matter of this Agreement and shall constitute the exclusive
statement of the terms and conditions ofthe Parties' 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 unenforceable, shall not be affected, and each term and provision shall be enforceable to the
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
Participant under this Agreement and that the undersigned is authorized to execute this Agreement
I
V2.2_06Jul21 12
on behalf of Program Paiticipant. · For federal govenunent Program Participants, you must be a
Contracting Officer authorized to enter into this Agreement.
PROGRAM PARTICIPANT: SAN DIEGO GAS & ELECTRIC COMPANY
Signature & Date: Signature & Date:
X ~t-
Chris
X Faretta
Chris Faretta
Digitally signed by
Chris Faretta
Date: 2022.02.08
11 :46:46 -08'00'
DEFINITIONS
Clean Transportation Proqrams Manaqer
APPROVED AS 'i'O ~ORM
Celia A Brewer0 Cit}/ Attorney
(--,i ' . ~<-< i:I ..£.,Q_lc:<..«--(,L~ ' ·} ..• v ·< .· ~~ -~---
Asst/Deputy City Attorney
O Approved Product List (AP'tW ~l1~,r~~b~fE'{,~E qualified by SDG&E and meeting SDG&E's
technical requfrements. Rebate eligible Program Pa1ticipants must select EVSE from the APL
in order to receive an EVSE Rebate (if available).
o Califomia Public Utilities Commission (CPUC): The California state regulatory agency that is
responsible for regulating privately owned electric, natural gas, telecommunications, water,
railroad, rail transit, and passenger transportation companies.
o CPUC's Transportation Electrification Safety Requirements Checklist: The Safety
Requirements Checldist applies to CPUC-Approvecl Transportation Electrification Programs.
o Customer-Owned Infra,strncture: This includes the EVSE purchased and installed by the
Program Pa1ticipant pursuant to this Agreement; and the Customer-Side Make-Ready, if the
Program Paiticipant elects the Self-Install Customer-Side Malce-Ready option.
o Customer-Side Make-Ready: The Customer-Side Make-Ready Infrastrneture includes all
Infrastructure from the utility meter up to the first point of intercmmection with the EVSE.
Make-Ready, as defined herein, does NOT include purchase or installation of the EVSE.
o Disadvantaged Community (DAC): Census tracts in California with a top 25% quartile score
according to California Environmental Protection Agency's CalEnviroScreen 3.0 tool.
o Easement: A real prope1ty instrument 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
Infrastructure.
V2.2_06Jul21 13
Jan. 11, 2022 Item #7 Page 23 of 38
• Effective Date: The date that 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 station unit that may
contain one or more charging ports 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 ary referred to as ports. Each EVSE can charge one or more vehicles
depending on the number of ports the unit is equipped with. Qualifying EVSE that meets the
technical specifications set forth by SDG&E are listed· in the APL.
• EVSE Rebate: Financial reimbursement paid to an eligible Program Participant, or its
designee, pursuant to the terms and conditions of the Program, to offset a portion of the
purchase of approved EVSE.
• In-Service Date: The date the Infrastructure installed under this Agreement becomes available
for use by the Program Participant.
• Infrastructure: The equipment and materials to be installed by either party pursuant to this
Agreement on both the Utility-Side and Customer-Side of the electric meter.
• Make-Ready Infrastructure: All infrastructure necessary to operate EVSE; this includes all
trenching, conduit, wire, hardscape work, 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 electrification,
transport refrigeration units, port cargo trucks, transit buses, school buses, airport ground
support equipment, medium-duty vehicles, heavy-duty vehicles, and Class 2 through Class 8
on-road vehicles; as defined by U.S. Department of Energy.
• Program: Also referred to as the Power Your Drive for Fleets Make-Ready Infrastructure
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.
V2.2_06Jul21 14
Jan. 11, 2022 Item #7 Page 24 of 38
• 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 Participant'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.
V2.2_06Jul21 15
Recording Requested by
San Diego Gas & Electric C9mpany
When recorded, mail to: .
San Diego Gas & Electric Company ·
8690Balboa Avenue ..
San Diego, CA 92123--\569 ·
Attn: RealEstate Records -CP.A0l
Project No.:
Noiif.No.: .
A.P.N::
SRNo.:
3 .. 393337
· 3-,,393485
209'-0SQ.,.26 ..
473925 ·.·.·
RW 372941
.· . .
.. DOC# 2022700:48444
· ··. Jllllll 111111111111111111111111111111 Hiil llHI lllll 111111111111111111
. Febo.t, 2022 03:33 PM
OFFICIAL RECORDS
. ErnestJ. Dronenpurg,. Jr:, ...
SAN DIEGO COUNTY RECORDER
FEES: $101.00 •· (SB2 Atkiris: $75.00) . . PCOR:N/A ...
. PAGES:5.
SPACEABOVE FbllR.ECORI>ER'S USE
. Transfer Tax None
SAN DIEGO GAS & ELECTRICCO!vfPANY
%~
EASEMENT
. . . .
CffYOF CARl,SI3AD,AMU'NCIPALCORPORATION.(Grantor);grantsto SANDIEGOGAS
& ELECTRIC COMP ANY, a corporation (Grantee), an easementJn1d righto:fway .in~ upon, over; under
and acro~s the larids hereinafter de~cribed, to. erect, construct, change the .size! of; improve, reconstruct;
relocate, repair, maintainarid use facilities consisting of:
1. . Underground. facilities, together ~ith aboveground structures consisting of, but not
limited to, ptt<:i~mounted electrical eqµipment, and appurtenances, for the transmission
and 9istribution ofefoctdcity to the Facilitfos;
2.. Co.IlJ.Inunicaticm facilities and appurtenances, which can include Supervii:;ocy Control
· ~d Data Acquisition. ('1SCADA"). . .
. .
The above facilities will be installed at such locations and elevations upon, along, over and under
the hereinaftet described et:isement as Grantee. may now or hereafter deem co1wenierit or nec¢ssary .
. Qrarttee ·also has the right of ingress and egresi:;, toj from a11d along. this easement in, upon; over and· across
the hereinafter descdbed iands. Grantee further has the tight, but not the duty to clear and keep this
easementclearfrom e~losives, buildirtgs, structm:es and materials; ·
'. ·. . . . . . . . ' . . . . .
. ·. The pl'opertyJl) which tpis e1:1s~ment and right of way is her~by graj)te<i is sit\lated: in ~the C<rnnty . Qf San pi•~~Q, su~J~ 9f¢~lif9rnia: ~e~qrihe4 as;roUows: . . . . . . . . · .. · . . . . . . . .... ·.·
. . .·.. . ,. . . . . .. ',· ,,,• ·,. ... . .
.. ' That pdrtioil ,O(~.ot 1'B'f of:1\artcho. Agua H~diorida, according to Map:the1;e()f No. 82~:, filed irithe .
Office >of the Cqqrity: R¢cprd¢r qf said County of San<Diego~> more particularly>desctibed)n a. Deed
rec6ro.~d 1J.Jne 30~ 1982. aft<'He/Page No-. 82-2QJ5:66r ofOfficfaI ~¢cords of'~a~d ¢ourity dfsa~ J:>i~gc,; . . .
. ' . .
. ' .· .. · .. : ··: :> :•·< ··•·. :. ··<:·:· .. ·.·:·
· T:f~1icf$e1i1(c¢.s:No11Rei;ol'ds;f:l~M~l{ilii1ess;·. · .. Rev.· 8/02368.
'
The easement in the aforesaid 'property shall be more pa1ticularly described in Parcels "A" and
"B" as follows:
PARCEL A:
That ce1tain strip of land, 5;00 feet by 20.00 feet, the approximate location shown and delineated
as "EASEMENT AREA", on the Exhibit "A", consisting of one (1) sheet, attached hereto and made a pait
hereof.
PARCELB:
Those certain strips of land, including all of the area lying between the exterior sidelines, which
sidelines shall be three (3)feet; measured at right angles, on each exterior side of each and every utility
facility installed within said properties on or before, December 311 2022, EXCEPTING THEREFROM,
those portions lying within Parcel A.
In order to provide adequate working space for Grantee, Grantor. shall not erect, place or construct,
nor permit to be erected, placed or constructed anylmilding or other structure, park any vehicle, deposit
any materials, plant any trees and/or shrubs or change ground eJevation within eight (8) feet of the front
of the door or hinged opening of any above ground facility installed within this easement.
Upon Grantor and Grantee's mutual agreement, Grantee will (i) remove Grantee's facilities from
the Easement within a reasonable period of time, and (ii) upon Orantor' s request, furnish Grantor a good
and sufficient quitclaim of the Easement; provided, that Grantee shall have such time as is necessary to
obtain any and all agency or jurisdictional requirements and approvals necessary for such removal and
quitclaim, including but not limited to any approval from the California Public Utilities Commission as
may be required.
Grantor grants to Grantee the right to erect and maintain ori Grantor's property immediately adjacent
to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes.
Grantor shall not erect, place or construct, nor permit to be erected, placed or construc.ted, any
building or other structure, plant any tree, drill or dfg any well, within this easement. Notwithstanding the
foregoing, Grantor retains the right to construct, reconstruct and maintain improvements that do not
interfere with the safe operation of Grantee's Facilities or cause damage to Grantee's Facilities, including,
but not limited to, fences, landscapii;ig with shallow roots ( e.g., grass) sidewalks, curbs, gutters, and street
or parking lot surfaces or other surfaces; provided that Grantdr shall not commence to instaH, construct or
grade unless and until Grantee shall first have reviewed and approved of Grantor's detailed construction
plans, whereby Grantee shall have the right to require modifications or changes to such plans as necessary,
in Grantee's opinion, to ensure safe operations of Grantee's Facilities, compliance with all Standards,
unimpeded access to Grantee;s Facilities at all times and avoidance of otherencumbrances upon Grantee's
rights under this Easement. The foregoing shall be subject at all times to any regulatory approvals required
at the time. of review.
Grantor shall not increase· or decrease the ground surface elevations within thi's easement after
installation of Grantee's facilities, without prior written co11sent of Grantee, which consent shall not
unreasonably be withheld;
T:la11dSe11•ices:No11Records:NewB11siness:
Jan. 11, 2022 Item #7
810236S
1 Page 11 of23
Grantee shall have the right buti1.0Uhe duty,to trim· or reinove trees and brush along or adjacent·.
to this easernent andretriove roots from Within this easement whenever Grantee deems it necessary. Said
right ;hall riot relieve Grantor of the duty as owner to trim or remove trees and brush to pi:e'1entd1:1oget or .
hazard to . .pro petty or persons. . . . . .
. . .. .
CONDUITSCARRYHIGHVOLTAGE.ELECiRICALCONbUCTOR.S,thereforeGrantorshall
not make qr aUow any excavation9rfil1 to be made within this e_a.sement WITBQUTFIRST NOTIFYING:
SAN DIEGO GAS & ELECTRIC COMPANY BYCALLIN(J (619.) 696-2000, and OBTAINING PERMISSION. . . . . . . . . . . . . . . .
. the legal cles¢dption for this easement was prepared by San I)iegq (fas &, Electric Company
pursu@t to Sec.ti on 813 0 of: the Business and Pr9fessions Code, State of Califorfiia; ...
. .
This easement shall. be binding upon and inure to the benefit of su~cessors, heirs, executqrs,
· administrators, permittees; licensees, agents or assigns of Grantorand Grantee. .· .·. . ...
. .. 1 .. u ... ··.l.\..·•· . / IN WITNESS WHEREOF, Gtantor executed this instrument this~~'---,-'-"~---,-'-"~~· day of
,~ fJ,41\1)(,.1'¥ · • . · · . . . ; 20 'Vl/ . .
CITY OF CJ\RLSBAD, A MUNCIPAL CC>RPORATION
Drawn: BCorbilla
Che_cked: (!Ht& ·.
Date: 10/6/2021
By,1fllH
Name: /Jllmri/4.u .. · .•... ·
· · . · ~ .. PRIJllTNAME
Site No: MDl9002l _ .· .
. Site Name: City ofCarlsbad
8}02$~S
>lt~rn:#7 >. · . PaijE! i2 of~~ 1
A ~otary public or other officer completing this. certificate verifies ortly the identity of the individual who
signed. the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
·STATE.OF CALIFORNIA
personally appeared ------~_rM-t'__,_ _ ____.__l-\~ffv_\~\ ____ '--'-_------,-__ _,
who proved to me on the· basis of satisfactory evidence to be the person(s) whose riame( s) is/are subscribed
to the within instrument .and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies ), and that by his/her/their signature(s) on .the instn1ment the person(s ), or the entity
upon behalf of which the person( s) acted, executed the instrument. ·
I ce1tify under PENALTY OF PERJURY under the laws of the State ofCalifornia that the foregoing
paragraph is true and correct. .· . .· .
WITNESS my hand and official seal.
1~ la11dSeii•lce;:Noni?.ecords:Ne1PB11sil1~ss·: : Re1• . : ·, . .
· · Jan.. 11, 2022,
(Notary Seal)
-4-8102368
I Page 13 of 23