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HomeMy WebLinkAbout2023-12-21; Level 3 (DC Fast) Electric Vehicle (EV) Charging Stations Update (Districts - All); Gomez, PazTo the members of th~: CITY COUNCIL Date \'l\;2-j liA v CC V CM v AC ✓ocM (3) V --- December 21, 2023 Coun cil Memorandum To: Honorable Mayor Blackburn and Members of the City Council Via: Geoff Patnoe, Assistant City Manager ~ ~ {city of Carlsbad Memo ID# 2023127 From: Paz Gomez, Deputy City Manager, Publ~1~prks Re: Level 3 (DC Fast) Electric Vehicle (EV) C arging Stations Update (Districts -All) This memorandum provides an update to the Council Memorandum dated July 27, 2023, on the city's Level 3 (DC Fast) Electric Vehicle (EV) Charging Stations (Attachment A). 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 t he "Power Your Drive" program and authorizing granting SDGE an easement at the city's fleet maintenance facility, located at 2480 Impala Drive, allowing for installation of electrical infrastructure for the first phase of the program. Discussion The Agreement with SDG E established the terms for SDGE to install infrastructure for up to 28 DC Fast EV charging stations at the city's fleet maintenance facility. Under the terms of the Agreement, the city is responsible for procuring the charging stations and SDGE installs the electrical infrastructure needed to deliver power to the stations. The first phase of the program anticipated the installation of two DC charging stations in 2022. In June 2022, staff procured the charging stations, but construction of the infrastructure was delayed as SDGE's procurement of essential high-voltage electrical components took longer than anticipated. Construction began in January 2023, and the first phase was completed last week. With installation and activation of the two active DC Fast EV Charging Stations, shown in Attachment B, the City of Carlsbad is the first municipality in the SDGE territory to install EV chargers for municipal fleets under the "Power Your Drive" program, as acknowledged by SDGE staff. Public Works Bran ch 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 Update (Districts -All) December 21, 2023 Page 2 Next Steps Staff expect to return to the City Council on January 9, 2024, requesting that the City Council authorize an amendment to the grant of easement with SDGE to allow for the design, permitting and construction of the electrical infrastructure necessary to install the next phases of construction. Attachment: A. Council Memorandum dated July 27, 2023 B. Photographs of DC EV Fast charging stations cc: Scott Chadwick, City Manager Cindie McMahon, City Attorney Laura Rocha, Deputy City Manager, Administrative Services Zach Korach, Finance Director Kristina Ray, Community & Engagement 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 To the members of the: CITY COUNCIL Date 1 ji.1~~CA /cc ~ CM/ AC ✓ DCM (3) July 27, 2023 ATTACHMENT A 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) • {cityof 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 9.2008 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 pur.chase 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 l<orach, 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 d A ( Sempra Energy ulility \-~ 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 "Pai1ies." 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 pait 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 paiticipate 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: o No-cost design, installation, and operation of the Customer-Side Make-Ready ("Customer- Side Make-Ready") Infrastructure; OR Program Paiticipant may choose to design, install, and operate ("Self-Install") the Customer-Side Make-Ready Infrastructure. o Program Paiticipants that select the Self-Install opt_ion may be eligible for a rebate of up to 80% of the cost to design and install the Customer-Side Make-Ready Infrastructure. o 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. o Electric Vehicle Energy Rate o SDG&E's optional Electric Vehicle-High Power Charging rate (EV-HP) for Program Paiticipants will replace demand charges with a new subscription pricing plan. 3. Program Paiticipant and SDG&E are entering into this Agreement for paiticipation 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 -i A y= __ Sempra Energy u1m1/ 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. D Program Participant elects to Self-Install the Customer-Side Make-Ready Infrastructure Option. * Addendum 1: Self-lnstalled Customer-Side l11(i·astruct11re Adde11d11111 sets forth the details and rulditional terms and conditions that apply to this option. Program Participants who elect this option shall sig11 mu! retum Adr/ell(/111111 alo11g with this Agreement. Vehicle Acquisition Plan: The Vehicle Acquisition Plan is a commitment that the stated number of unique vehicles will use the infrastrncture within the estimated delivery date. These vehicles may be owned/leased by the Program Participant or owned/leased by others using the site. Program Pa1iicipant 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 EVs; or retrofit a minimum of two (2) existing diesel fueled MD/HD vehicles to electric. Program Paiiicipant shall provide such evidence prioi' 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 TRUCI< -CLASS 2B 5 Q42024 EV VAN or TRUCI<-CLASS 3 or higher 1 Q2 2025 EV VAN or TRUCI<-CLASS 2B 3 Q4 2025 EV TRUCK-CLASS 3 or higher 1 V2.2 06Jul21 2 A MJ Sempra Energy u1mtv- '~'-' Q2 2025 EV TRUCI<-CLASS 3 or higher 1 Q2 2026 EV VAN or TRUCI<-CLASS 28 1 Q2 2027 EV VAN or TRUCK -CLASS 28 8 V2.2_06Jul21 3 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 Paiticipant 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 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 Pa1ticipant shall pay all O&M costs and make best effo1t 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 tear excluded. Program Pmticipant 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 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 pmi of the Program for use in regulatory rep01iing, industry forums, case studies or other similar activities. Easement: Program Pmiicipant represents that the landowner ("Grantor") has been consulted and has agreed to grant SDG&E the Easement required for the Infrastructure. Additionally, Program PaLiicipant 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 pmis 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 Pmticipant may qualify for an EVSE Rebate of up to 50% 9fthe costs to purchase qualified EVSE. ILl"l"[nf, ... I 0 kW to 19.2 kW 19.3 kW to 50 kW 50.1 kW to 150 kW U J to 50% of the cost of EVSE, max $45,000 Jer EVSE 150.1 kW+ Up to 50% of the cost of EVSE, max $75,000 per EVSE Rebate eligibility requirements include: o EVSE is listed on the Approved Product List (APL); Program Pmiicipant is a Transit or School District; or is located in a Disadvantaged Community ("DAC''); o and is not a Fmiune 1000 Company EVSE Rebates will be paid after: o Program Paiiicipant submits Rebate Application; o Program Pmiicipant provides Proof of Purchase of EVSE; SDG&E inspects the installation of the EVSE and if applicable, Program Pmiicipant Owned Infrastructure; o EVSEs are operational. 2.0 RIGHT TO ACCESS Program Pmiicipant 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 Pmiicipant operations. V2.2_06Jul21 5 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 DKSABILITES ACT (ADA) REQUIREMENTS Program Participant aclmowledges 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 paits thereof, other than those specifically contemplated herein, Program Pruticipant 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 Paiticipant require relocation of infrastructure installed pursuant to this Agreement. Such relocation shall be by mutual agreement of the Pruties. Should SDG&E approve relocation of such facilities, such relocation shall be at sole expense of Program Paiticipant, 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 Pruticipant 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 Pa1ticipant shall immediately repo1t all claims and/or incidents to SDG&E or its designated representative(s), and promptly thereafter confirm m writing, the occurrence of any injury, loss, or damage incuned 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 Pruticipant 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 Pa1ticipant for the amount of the rebate payment exceeding 100 percent of the cost incun-ed by Program Pa1ticipant. V2.2 06Jul21 6 I 7.0 OPERATIONAL CONDITIONS AND PROGRAM PARTICIPANT CONTACTS Program Participant shall perform ce1tain 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 Paiticipant 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 pait of the Program, including but not limited to: o Easement; o Use of data for lawful purposes; o Loss of business activity during construction or maintenance activities, or Any other inconvenience or loss, without limitation, related to pa1ticipation. 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 Paiticipant 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 V2.2 06Jul21 7 Confidential Information. SDG&E acknowledges tlfat Program Paiiicipant 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 this Agreement or the Paiiies' performance of it is intended or shall be deemed to convey any intellectual prope1iy rights to Program Paiiicipant. All intellectual property rights relating to the Program ai'e expressly reserved to SDG&E, its contractors or other designated representatives and their respective licensors. lll.0 WAIVER No provision of this Agreement may be waived unless agreed to by SDG&E, its contractors or other designated representatives and Program Paiiicipant 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 telating to this Agreement, Program Paiiicipant and SDG&E, its contractors or other designated representatives shall make a good faith effo1i 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 Paiiicipant 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 comi 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 Patticipant 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, adve1tising 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 Patticipant is not an agent or affiliate· of any and all of SDG&E, its contractors or other designated representatives. Logos/ Trademarks: Program Pa1ticipant shall not use the logos, trademarks or service marks of the Program, SDG&E, its contractors, or other designated representatives in any of Program Patticipant's marketing, adve1tising, 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 Participant without express written approval from Program Participant. Marketing Materials: Program Participant must use up-to-date Program marketing materials. All marketing and adve1tising materials shall comply with the California Business and Professions Code. Endorsements: Program Pa1ticipant shall not state or imply endorsement of its products or services on the patt 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 adve1tising, marketing, or promotional copy or materials developed or used by the Program Patticipant which refe1'ences the Program Patticipant's patticipation 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 Patticipant 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 Patticipant 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 effo1t 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 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 preliminaiy 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 fmiher authorizes SDG&E to proceed with the preparation of final design(s), drawing(s), and cost(s). Program Participant aclmowledges and agrees that any Infrastrncture 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 Pa1iicipant may be responsible for incremental costs if: 1) There are changes to the system caused by the Participant or Paiiicipant'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 wanants and represents that it shall conduct its business activities without perpetrating any fraud or dishonesty through the Program. Program Participant shall use best effo1is to avoid doing any harm to SDG&E, their Contractors or other designated representatives' including the brands or goodwill of same. Program Pa1iicipant shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders and decisions that relate to or govern its pa1iicipation in the Program. 20.0 BREACH OF AGREEMENT Without limitation, and to the greatest extent allowed by law, SDG&E and Program Pmticipant reserve the right to seek damages and recovery for losses incuned due to any breach of this Agreement on the pa1i 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 pmiies 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 Pmiicipant's pmticipation 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: V2.2_06Jul21 10 At Program Paiticipant's removal cost, if removal requested by SDG&E for Program Paiticipant's: o Failure to provide or comply with terms of the Easement e Breach of Agreement in whole or in paii At SDG&E's removal cost, if: o Permitting issues o Exceptional installation costs o Environmental concerns o Program no longer authorized by the CPUC o Any other reason(s) not in Program or ratepayers' best interest Termination: Program Participant may 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 oppmiunity to cure. Should a sale of prope1iy or other circumstance result in Program Paiticipant losing its ability to_ perform its obligations per this Agreement, Program Pa1ticipant 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 ("EV SE") or parts thereof prior to expiration of the Term, Program Patiicipant shall bear the full cost and sole expense of such removal as well as all fees and costs, as circumstances may dictate, for losses incmTed by SDG&E on behalf of ratepayers. If after signing this Agreement, Prngram Paiticipant withdraws from the Prngram prior to the site being activated, then SDG&E reserves the right to recover all fees and costs incuned 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 paiis thereof be assigned, transfened or otherwise conveyed without prior written consent of SDG&E and/or its designated representative. Such consent will not be umeasonably withheld. The assignee in any such permitted assignment shall assume all rights and obligations for the remaining Term. Used and Useful: Prngram Paiticipant shall demonstrate to SDG&E's reasonable satisfaction that the Infrastructure will be operated by the Program Paiticipant within three months of the Infrastructure In-Service Date. Thereafter, at SDG&E's discretion, it may request evidence that Prngram Patiicipant is operating these vehicles and associated charging in accordance with its Electric Vehicle Acquisition Plan. If Prngram Pa1ticipant 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 prnject. End of Term: At the end of the Term, unless the patties agree otherwise, SDG&E shall remove at its cost or abandon in-place Utility-Owned Infrastructure at SDG&E's discretion; Program Paiticipant 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 p17ovided 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 COMPANY: Name: Address: Email: Name: Address: Email: Chris Faretta, Clean Transp01tation Programs Manager 8306 Century Park Court, CP4 l F, San Diego, CA 92123 cfaretta@sdge.com Annamay Luyun 8306 Centu1y 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 of this 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 Pa1ticipant 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 Paiticipantunderthis Agreement and that the undersigned is authorized to execute this Agreement V2.2_06Jul21 12 on behalf of Program Pa1ticipant. For federal government Program Paiticipants, you must be a Contracting Officer authorized to enter into this Agreement. PROGRAM PARTICIPANT: SAN DIEGO GAS & ELECTRIC COMPANY Signature & Date: Signature & Date: X (J±t Chris Faretta DEFINITIONS Clean Transportation Proqrams Manaqer APPROVED AS TO FORM Celi~ A. Brewer, City Attorney By: <),_,_ "'·'--"· __ ,' -, ._L•.' I..._ . Asst/Deputy City Attorney o Approved Product List (AP'f~ ~h~1f~b~f.E~~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). 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 transp01tation companies. o CPUC's Transpmtation Electrification Safety Requirements Checklist: The Safety Requirements Checklist applies to CPUC-Approved Transp01tation Electrification Programs. Customer-Owned Infr~stmcture: 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. o 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. o Disadvantaged Community (DAC): Census tracts in California with a top 25% qua1tile score according to California Environmental Protection Agency's Ca!EnviroScreen 3.0 tool. o 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 o 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. o 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 are referred to as p01ts. Each EVSE can charge one or more vehicles depe1Jding 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 tem1s and conditions of the Program, to offset a po1tion 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. o 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. o 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 ofEnergv. o 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 electri:£)1 their medium-and heavy-duty fleets and off-road vehicles. o Program Pa1ticipant: The SDG&E Customer that enters into this Agreement. o 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 I , I ! I o 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. o 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 o CPE250 -$49,400 Westside Solutions, Inc. -Promotional Discount on QTY of 10 or more o CPE250 -$26,693 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 ATTACHMENT B DC EV Fast Chargers 2480 Impala Drive