HomeMy WebLinkAbout2023-07-27; Level 3 (DC Fast) EV Charging Stations (Districts - All); Gomez, PazTo the members of the:
CITY COUNCIL
Date ljt.1/z~cA /cc~/ CM✓ ACM / DCM (3) .JL. --
July 27, 2023
Council Memorandum
To:
From:
Honorable Mayor Blackburn and Members of the City Council
Paz Gomez, Deputy City Manager, Publi~orks
Via: Geoff Patnoe, Assistant City Manager ~
Re: Level 3 (DC Fast) EV Charging Stations (Districts -All)
{city of
Carlsbad
Memo ID# 2023076
This memorandum provides an update on the Level 3 (DC Fast) Electric Vehicle (EV) Charging
Stations.
Background
On January 11, 2022, the City Council adopted Resolution No. 2022-008, authorizing an
agreement with San Diego Gas & Electric (SDGE) to participate in the "Power Your Drive"
program. The Agreement with SDGE, which is provided as Attachment A, established the terms
for SDGE to install up to 28 DC Fast EV charging stations at the city's fleet maintenance facility.
After a few minor delays due to the switchgear and permit reviews, the program is once again
underway. The city is responsible for purchase of the chargers.
To support this program and expand the site's capacity of EV chargers, staff intended to purchase
additional DC Fast chargers in accordance with the Agreement and to utilize grant funds or other
incentives to help reduce the costs of these chargers to the extent feasible.
Discussion
Funding
Funding for these chargers was allocated in the fiscal years (FY) 2022-23 and 2023-24 Capital
Improvement Program (CIP) budgets at approximately $200,000 per year, for a total CIP
appropriation of $400,000. Due to the delay in construction of the SDGE charging station, staff
has not yet expended any of the approved budget for purchase of the EV chargers.
In February 2023, staff sought the State of California grant funds through the Energy
Infrastructure Incentives for Zero-Emission (EnergllZE) Commercial Vehicles EV Fast Track Year 2
program to purchase enough DC Fast chargers to support fleet operations over the next two
years. Unfortunately, the available grant funds were fully reserved by other entities before staff
completed the application process. The state's grant program was awarded on a first-come, first-
served basis and was 100% subscribed in less than three minutes after the opportunity opened.
Public Works Branch
Fleet and Facilities Department
405 Oak Avenue I Carlsbad, CA 92008 I 442-339-5193 t
Council Memo -Level 3 (DC Fast) EV Charging Stations (Districts -All)
July 27, 2023
Page 2
Purchasing Opportunity
On July 11, 2023, ChargePoint via its authorized distributor Westside Solutions, Inc. approached
staff with a promotional discount opportunity to acquire additional DC Fast charging stations of
the same make and model as the city's existing chargers that are currently being installed by
SDGE at the fleet maintenance facility. The promotional discount offered a 47% discount from
the already discounted Sourcewell1 contracted pricing, which was used to acquire the city's first
two DC Fast chargers.
The' promotional discount was offered for a very limited time only and required purchase of a
minimum of 10 chargers. Taking advantage of this discount also required expedited approvals
from the Finance Department to complete a request for purchase and confirm funding
availability, as shown in Attachment B. The Finance Department approved a purchase order on
July 18, 2023.
The acquisition and installation of these 10 chargers will put the city back on track to meet the
installation schedule consistent with the terms of the Agreement, even accounting for the delays.
Leveraging this discounted pricing provides a substantial benefit to the city in its efforts to
expand EV charging infrastructure as intended and does so at a cost savings of over $244,000
after taxes.
Next Steps
Staff plan to return to the City Council later this year to provide an update on the progress of this
project and to request amendments to the city's SDGE easement to expand the project's scope
to include installation of additional DC Fast EV chargers.
Staff expect the first phase of construction at the fleet maintenance facility site to be completed
by the end of next month, barring any unexpected delays. The uninstalled DC Fast EV chargers
will be stored at the site until the installation schedule with SDGE is finalized.
Attachments: A. SDGE Agreement -Power Your Drive Program
B. Memorandum on purchase of DC Fast EV Chargers from Westside
Solutions, Inc. dated July 13, 2023, approved on July 18, 2023
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Zach Korach, Finance Director
1 Sourcewell provides cooperative purchasing agreements
Council Memo -Level 3 (DC Fast) EV Charging Stations (Districts -All)
July 27, 2023
Page 3
Jeff Murphy, Community Development Director
Kristina Ray, Community & Engagement Director
James Wood, Environmental Sustainability Director
Gina Herrera, Deputy City Attorney
Roxanne Muhlmeister, Assistant Finance Director
John Maashoff, Public Works Manager
Bradley Northup, Public Works Superintendent
Steven Stewart, Municipal Projects Manager
ATTACHMENT A
SDfiE
A~ Sempra Energy ulilit/
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 "Patties."
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 of SDG&E's Power Your Drive for Fleets Make-Ready Infrastructure
Program ("Program"), as approved by the California Public Utilities Commission ("CPUC");
full definitions of tenns 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 Paiiicipants 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 of up 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 Paiiicipants will replace demand charges with a new subscription pricing
plan.
3. Program Paiiicipant and SDG&E are entering into this Agreement for pmiicipation 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:
V2.2 06Jul21 1
soG{
A ~ Sempra Energy utility•
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:
[2] Program Participant elects SDG&E to design, install, and operate the Customer-Side Make-
Ready Infrastructure.
D Program Pmticipant elects to Self-Install the Customer-Side Make-Ready Infrastructure
Option. * Addendum 1: Self.-lnstalled Customer-Side lnfrastructure Addendum sets forth the def(li/s mu/
(ldditional terms and comlitions f//(lf (lpply to this option. Program Particip(lnfs who elect this option s//(11/ sign
(Ind return Addendum 1 (l/ong 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 Pmiicipant or owned/leased by others using the site.
Program Pmiicipant shall provide Proof of Purchase or other evidence for the purchase of no fewer
than two (2) Class 2 through Class 8 MD/HD EVs; or retrofit a minimum of two (2) existing diesel
fueled MD/HD vehicles to electric. Program Pmiicipant 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.
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
Q2 2026 EV VAN or TRUCK-CLASS 2B
Q2 2027 EV VAN or TRUCK -CLASS 2B
V2.2_06Jul21 3
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A r..J Sempra Energy u1;1;1y• ~
1
1
8
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 (l) EVSE in good working order for the Term of this
Agreement and provide usage data for a period of five (5) years.
Program Paiiicipant 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 Paiiicipant 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
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 I 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 Pmiicipant shall pay all O&M costs
and make best effmi to maintain availability at the direction of SDG&E. Program Paiiicipant 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 Paiiicipant shall
promptly notify SDG&E of any problems it is aware of related to the Make-Ready Infrastructure.
V2 .2 06Jul21 4 .
Data Collection & Use: Program Paiticipant 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 Paiticipant 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 repo1ting, industry
forums, case studies or other similar activities.
Easement: Program Paiticipant represents that the landowner ("Grantor") has been consulted and
has agreed to grant SDG&E the Easement required for the Infrastructure. Additionally, Program
Paiticipant represents and warrants herein that such Grantor 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 paiis 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 Paiticipant may qualify for an EVSE Rebate of up to 50% of the costs to
purchase qualified EVSE.
0 kW to 19.2 kW to 50% of the cost of EVSE, 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 of EVSE, max $45,000 )er EVSE
150.1 kW+ Up to 50% of the cost of EVSE, max $75,000 per EVSE
Rebate eligibility requirements include:
• EVSE is listed on the Approved Product List (APL);
• Program Paiticipant is a Transit or School District;
• or is located in a Disadvantaged Community ("DAC");
• and is not a Fmtune 1000 Company
EVSE Rebates will be paid after:
• Program Paiticipant submits Rebate Application;
• Program Paiticipant provides Proof of Purchase of EVSE;
• SDG&E inspects the installation of the EVSE and if applicable, Program Paiticipant
Owned Infrastructure;
• EVSEs are operational.
2.0 RIGHT TO ACCESS
Program Paiticipant 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 Paiticipant 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 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
Pmiicipant require removal of the Infrastructure or pmis thereof, other than those specifically
contemplated herein, Program Pmiicipant 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 Pmiicipant
require relocation of infrastructure installed pursuant to this Agreement. Such relocation shall be
by mutual agreement of the Pmiies. Should SDG&E approve relocation of such facilities, such
relocation shall be at sole expense of Program Pmiicipant, 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 Pmiicipant 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 Pmiicipant shall notify SDG&E immediately regarding any unsafe, inoperable or
damaged equipment. In addition, Program Pmiicipant shall immediately rep011 all claims and/or
incidents to SDG&E or its designated representative(s), and promptly thereafter confirm in
writing, the occurrence of any injmy, loss, or damage incurred by Program Participant.
If Program Pmiicipant has received or receives any other incentives or rebates for any
Infrastructure or equipment covered under the scope of this Program, Program Pmiicipant 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 Pro.gram 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 Pmiicipant for the amount of the
rebate payment exceeding 100 percent of the cost incurred by Program Pmiicipant.
V2.2 06Jul21 6
7.0 OPERATIONAL CONDITIONS AND PROGRAM PARTICIPANT CONTACTS
Program Participant shall perform ce1iain operational functions such as repmi 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 Pmiicipant
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 as pmi 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 pmiicipation.
9.0 CONFIDENTIALITY
During the Tenn 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 Patiicipant 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 Pmiicipant take any action that may cause, or fail to
take any action necessary to prevent causing, any Confidential Information to lose its character as
V2.2 06Jul21 7
Confidential Information. SDG&E acknowledges that Program Pai1icipant is subject to the
California Public Records Act (CPRA). Nothing in this agreement prohibits Program Pai1icipant
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 Pai1ies' performance of it is intended or shall be deemed to
convey any intellectual prope11y rights to Program Pm1icipant. All intellectual property rights
relating to the Program ate expressly reserved to SDG&E, its contractors or other 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 Pai1icipant 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 Pai1icipant and SDG&E, its
contractors or other designated representatives shall make a good faith effo11 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 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 Pm1icipant 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 com1 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 Patiicipant 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, advetiising 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 Patiicipant is not an agent or affiliate' of any and all of SDG&E, its
contractors or other designated representatives.
Logos/ Trademarks: Program Patiicipant shall not use the logos, trademarks or service marks
of the Program, SDG&E, its contractors, or other designated representatives in any of Program
Patiicipant'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 or services marks of Program Patiicipant without express written
approval from Program Pmiicipant.
Marketing Materials: Program Participant must use up-to-date Program marketing
materials. All marketing and advetiising materials shall comply with the California Business and
Professions Code.
Endorsements: Program Patiicipant shall not state or imply endorsement of its products or
services on the pati 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 adve1iising, marketing, or promotional copy or
materials developed or used by the Program Patiicipant which refetences the Program Patiicipant's
patiicipation 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 Patiicipant 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 enor, or fail to meet the requirements of this Agreement. The Program Patiicipant
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 effoti to provide at least 30 calendar days written notice of changes that affect Program
act1v1t1es. 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
V2.2 06Jul21 9
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 ce1iifying that the location of the facilities to be owned and operated by
SDG&E are acceptable and not in conflict with the Pmiicipants planned improvements and fmiher
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 Pmiicipant'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 wmTants and represents that it shall conduct its business activities
without perpetrating any fraud or dishonesty through the Program. Program Participant shall use
best eff01is to avoid doing any harm to SDG&E, their Contractors or other designated
representatives' including the brands or goodwill of same. Program Pmiicipant shall comply
with all applicable federal, state, and local statutes, rules, regulations, laws, orders and decisions
that relate to or govern its pmiicipation in the Program.
20.0 BREACH OF AGREEMENT
Without limitation, and to the greatest extent allowed by law, SDG&E and Program Pmiicipant
reserve the right to seek damages and recovery for losses incull'ed due to any breach of this
Agreement on the pati 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 of ten (10) years from the In-Service Date ("In-Service Date"), unless the patiies
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 Patiicipant's patiicipation 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 Paiticipant's removal cost, if removal requested by SDG&E for Program
Pmticipant's:
• Failure to provide or comply with terms of the Easement
• Breach of Agreement in whole or in pait
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 rrtay terminate this Agreement upon thi1ty (30) days notice
should SDG&E materially breach any material term of this Agreement or fail to perfonn any
material obligations hereunder, after notice and a reasonable oppmtunity to cure. Should a sale
of prope1ty or other circumstance result in Program Pmticipant losing its ability to perform its
obligations per this Agreement, Program Pmticipant shall immediately notify SDG&E in writing
and without delay within ten (10) days of Program Paiticipant knowledge of such a possibility and
notwithstanding anything to the contrary contained herein, this Agreement shall terminate.
Should Program Paiticipant request removal or termination, for any reason, of Electric Vehicle
Supply Equipment ("EVSE") or pmts thereof prior to expiration of the Term, Program Pmticipant
shall bear the full cost and sole expense of such removal as well as all fees and costs, as
circumstances may dictate, for losses incuned by SDG&E on behalf of ratepayers. If after
signing this Agreement, Program Paiticipant withdraws from the Program prior to the site being
activated, then SDG&E reserves the right to recover all fees and costs incmTed 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 pmis thereof be
assigned, transfened 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 an d Useful: Program Pmticipant shall demonstrate to SDG&E's reasonable satisfaction
that the Infrastructure will be operated by the Program Pmticipant within three months of the
Infrastructure In-Service Date. Thereafter, at SDG&E's discretion, it may request evidence that
Program Paiticipant is operating these vehicles and associated charging in accordance with its
Electric Vehicle Acquisition Plan. If Program Pmticipant is not operating vehicles consistent with
such plan, at SDG&E's discretion Program Pmticipant may be responsible for SDG&E costs
associated with installing the excess Infrastructure. This includes costs, as circumstances may
dictate, for losses incmTed 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 Term, 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
Pmticipant is responsible for Self-Installed Customer-Owned Infrastructure and EVSE at Program
V2.2 06Jul21 11
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, A1hlress, Email)
Paz Gomez, Deputy City Manager -Public Works
1635 Faraday Avenue
Carlsbad, CA 92008
paz.gomez@carlsbadca.gov
SAN DIEGO GAS & ELECTRIC COMPANY:
Name:
Address:
Email:
Name:
Address:
Email:
Chris Faretta, Clean Transp01tation Programs Manager
8306 Century Park Court, CP41F, San Diego, CA 92123
cfaretta@sdge.com
Annamay Luyun
8306 Century Park Comt, 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 agi·eement between
the Patties hereto regarding the subject matter ofthis Agreement and shall constitute the exclusive
statement of the terms 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 unenforceable, shall not be affected, and each term and provision shall be enforceable to the
fullest extent permitted by law.
Program Paiticipant represents and warrants that it has the requisite power, legal authority and
capacity to enter into this Agreement and to perform each and every obligationrequired of Program
Participant under this Agreement and that the undersigned is authorized to execute this Agreement
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 COMP ANY
Signature & Date: Signature & Date:
X 2J±t-X
Chris Faretta
Clean Transportation Proqrams Manaqer
APPROVED AS TO FORM
Cella A. Brewer, City Attorney
B (b__ r.!.L<.....(_L~>~ ...__ ~
DEFINITIONS '1=----.~":':7""--. Asst/Deputy City Attorney
• Approved Product List (AP'f~ ~b~'lr~b;f1Rf~)E qualified by SDG&E and meeting SDG&E's
technical requfrements. Rebate eligible Program Pmticipants must select EVSE from the APL
in order to receive an EVSE Rebate (if available).
• California 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.
• CPUC's Transp01tation Electrification Safety Requirements Checklist: The Safety
Requirements Checklist applies to CPUC-Approved Transp01tation Electrification Programs.
• Customer-Owned Infrastmcture: This includes the EVSE purchased and installed by the
Program Participant pursuant to this Agreement; and the Customer-Side Make-Ready, if the
Program Pa1ticipant elects the Self-Install Customer-Side Make-Ready option.
• Customer-Side Make-Ready: The Customer-Side Make-Ready Infrastructure 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% qua1tile score
according to California Environmental Protection Agency's CalEnviroScreen 3.0 tool.
• Easement: A real property instrnment 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
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 p01is 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 p01is. 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 te1ms and conditions of the Program, to offset a p01iion 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 pmiy 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,
transpmi 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 Patiicipant: The SDG&E Customer that enters into this Agreement.
• Term: This Agreement shall be in effect from the Effective Date through a period often (10)
years from the In-Service date.
V2.2 06Jul21 14
• 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
Memorandum
Date July 13, 2023
Attachment B
{city of
Carlsbad
To:
From:
Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer
John Maashoff, Public Works Manager
Via: Bradley Northup, Public Works Superintendent
Re: Purchase of Level 3 (DC Fast) Electric Vehicle Chargers from Westside Solutions, Inc.
This memorandum requests authorization to purchase ten (10) ChargePoint CPE250 level 3 (DC
Fast) electric vehicle chargers from Westside Solutions, Inc. an authorized distributor and
reseller of ChargePoint products. The pricing proposed by Westside Solutions, Inc. is aligned
with cooperative purchase pricing from Sourcewell but also includes a promotional offering for
quantity purchase discount of 47% from Sourcewell contract pricing. This offer provides a
substantial benefit to the city in its efforts to expand electric vehicle charging infrastructure and
a cost savings after tax of over $244,000.
Sourcewell Contract Pricing
• CPE250 -$49,400
Westside Solutions, Inc. -Promotional Discount on QTY of 10 or more
• CPE250 -$26,693
~IU,UU. ~usfur 7/18/2023
Approval Date
Roxanne Muhlmeister,
Assistant Finance Director/Purchasing Officer
Attachment: A. Sourcewell Pricing List -March 2023
B. City of Carlsbad -CPE250 Quote -2023-0713
cc: Paz Gomez, Public Works Director
Shea Sainz, Senior Contract Administrator
Public Works Branch
Fleet & Facilities Department
405 Oak Avenue I Carlsbad, CA 92008-3009 I 442-339-2856 t