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2000 Main Street,
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92648
City of Huntington Beach
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File #: 22-921 MEETING DATE: 11/29/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Sean Crumby, Director of Public Works
PREPARED BY: Debra Jubinsky, Administrative Analyst, Sr.
Subject:
Approve the construction of electric vehicle charging infrastructure and authorize the
execution of Charge Ready Rebate Participation Agreements and Easement Agreements
between City of Huntington Beach and Southern California Edison (SCE) as necessary to
receive electric vehicle (EV) charging infrastructure at no cost to the City
Statement of Issue:
The City was approved for Southern California Edison's (SCE) Charge Ready 2 electric vehicle (EV)
charging infrastructure grant program to provide new EV charging stations for city fleet vehicles at
City Hall and the Corporation Yard. This is a grant program whereby SCE will design, furnish and
install make-ready infrastructure for new electric vehicle charging stations along with a rebate for the
City to purchase and install approved charging equipment. City Council approval of the projects and
authorization to execute a Charge Ready Infrastructure and Rebate Participation Agreement and
Easement Agreement for each project site is requested.
Financial Impact:
$300,000 for the purchase of EV charging equipment is budgeted in the Energy Efficiency Fund
Account No. 80785403.83700 ($220,000) and in AQMD Fund Account No. 20185201.69505
($80,000).
The City will incur future costs related to future equipment maintenance and energy consumption. In
exchange for receipt of grant funds, the City will agree to operate the charging stations for a 10-year
term.
Recommended Action:
A) Approve the construction of electric vehicle charging infrastructure as designed by SCE; and,
B) Authorize the Director of Public Works to execute the Charge Ready Rebate Participation
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File #: 22-921 MEETING DATE: 11/29/2022
Agreement and Easement Agreement between City of Huntington Beach and SCE for each project
site.
Alternative Action(s):
Do not approve the projects and do not authorize the installation of the electric vehicle charging
infrastructure designed by SCE.
Analysis:
In August of 2021, with the goal of advancing our fleet transition to electric vehicles, the City applied
for funding to construct electric vehicle charging stations under the Charge Ready 2 Make Ready
Infrastructure funding program offered by SCE. Make Ready Infrastructure is the term used to
describe a range of groundwork necessary to support EV chargers, including conduit, wiring, meters
and transformers, which are furnished and installed on both the utility side and the customer side of
the electric meter, up to the point of connection with City-purchased charging equipment. Under this
program, SCE will be providing all of the Make Ready Infrastructure at no cost to the City.
The City applied for EV charging stations at the following four facilities: Police Department, City Hall,
City Corporation Yard, and City Utilities Yard. After extensive review of the proposed sites, SCE
determined that two of the four sites met their internal eligibility benchmarks in the following locations
and quantities.
• City Hall north parking lot: 24 total charging ports.
• Corporation Yard north parking lot: 16 total charging ports.
The terms of the Program Agreement stipulate that we purchase Level 2 charging equipment, which
is medium-power charging that typically provides 14-35 miles of range per hour of charging time. This
is the same class of equipment as currently installed in our public charging station at City Hall. The
agreement terms also stipulate that the City maintain all charging equipment in working order for a
ten (10) year period that starts when the equipment is put in service.
In addition to providing the Make Ready Infrastructure, this funding program will also rebate the city
for a portion of the purchase cost of EV charging pedestals from SCE-approved sources. The total
rebate expected per site is up to $17,400 ($725 per port) for the City Hall site, and up to $46,400
($2,900 per port) for the Corporation Yard site. The cost for purchase, assembly, installation, and
activation of the equipment is estimated to be approximately $15,000 per dual port charger,
approximately $300,000 for all of the charging equipment.
Environmental Status:
This request is categorically exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15301, 15303, and 15304 (Class 1, 3, and 4).
Strateqic Plan Goal:
Infrastructure & Parks
Attachment(s):
City of Huntington Beach Page 2 of 3 Printed on 11/23/2022
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File #: 22-921 MEETING DATE: 11/29/2022
1. Charge Ready Charging Infrastructure and Rebate Participation Agreement City Hall
2. Charge Ready Charging Infrastructure and Rebate Participation Agreement Corporation Yard
3. Grant of Easement Sample
4. Conceptual Design City Hall
5. Conceptual Design Corporation Yard
City of Huntington Beach Page 3 of 3 Printed on 11/23/2022
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Charge Ready
Charging Infrastructure and Rebate
Participation Agreement
This Charge Ready Charging Infrastructure and Rebate Participation Agreement
(Agreement) sets forth the terms and conditions for Program Participant to participate
in the Program. Pursuant to the terms of this Agreement, SCE will (1) install the
Infrastructure (as defined herein) at no cost to the Program Participant; and, (2)
if applicable, remit the Charging Equipment Rebate, and/or the Maintenance and
Networking Rebate after all terms and conditions have been met by the Program
Participant.
All Program Participants are eligible for no-cost installation of the utility-side and
Customer-Side Make-Ready Infrastructure.
Program Participant hereby agrees to the following terms and conditions of the Charge
Ready Charging Infrastructure and Rebate Program (the "Program").
APPROVED CHARGING PORTS
1. Total Number of Approved Charging Ports:
The commitment to procure and install the number of approved Charging
Ports applies whether or not the Program Participant is eligible to also receive
a rebate for the installed charging equipment, as SCE will design and install
the Infrastructure based on this commitment.
The Program Participant is required to install the quantity and power level of
approved Charging Ports set forth in this Agreement. Failure to procure and install
the agreed upon number may lead to termination of this Agreement, at SCE's
discretion.
Number of Charging Ports and Power Levels approved by SCE.
Power Level (L1) Port count: 0
Power Level (L2) Port count: 24
Power Level (DCFC) Port count: 0
2. Rebates (if applicable):
2.1. Charging Equipment Rebate
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If Program Participant is eligible to receive a rebate for the purchase and
installation of charging equipment, the rebate amount paid to the Program
Participant will be reduced to ensure that when combined with any other third-
party rebates or incentives, the total rebate received by Program Participant does
not exceed the Program Participant's total costs for procuring and installing the
equipment. Following the successful installation of the Charging Equipment,
the Program Participant will certify whether it has received any other third-party
rebates or incentives, so that SCE can determine the appropriate rebate payment.
The following table reflects that rebate values in effect at the time this agreement
was issued:
DAC Others
Charging Infrastructure and Excluding Including
Rebate Fortune 1000* Multi-Family Fortune 1000*
L2 $2,900 $1,450 $725
2.2. Maintenance and Networking Rebate
This rebate option is only available to Multi-Family Property sites located in a
designated top quartile DAC. The rebate provides a one-time payment intended
to offset the maintenance, networking and warranty costs associated with owning
and operating L2 charging equipment. This rebate is intended to cover most of
the costs associated with 10 years of the equipment's operation. The total rebate
received by Program Participant will not exceed the Program Participant's actual
costs.
APPROVED SITE LOCATION AND DESIGN
3. Description of Approved Location at the Site:
Brief description of the mutually approved location on the Program Participant's Site
where Infrastructure will be installed.
Site Description: Civic Center, East Parking Lot
Site Address: 2000 MAIN ST, HUNTINGTON BEACH, CA, 92648
4. Conceptual Design of the Infrastructure deployment at Program
Participant's Site:
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Program participant has reviewed and approved the Conceptual Design, as provided
by SCE, showing the location within the Site where SCE will deploy the charging
infrastructure. MAKE-READY INFRASTRUCTURE WORK
5. The Make-Ready Infrastructure:
If the Program Participant elects to have SCE install the entire Make-Ready
Infrastructure, SCE will do so at no cost to the Program Participant. In this case,
the Make-Ready Infrastructure will be part of the "Infrastructure" as defined in this
Agreement.
9 SCE-installed Customer-Side Make-Ready Infrastructure.
PROGRAM PARTICIPATION TERMS AND CONDITIONS
Program Participant agrees that its participation in the Program is subject to the
following terms and conditions:
6. Definitions:
6.1. AHJ —Authority Having Jurisdiction: The responsible government
entity having geographically-based jurisdiction that typically approves,
inspects, and permits construction projects (e.g., City, County, Fire,
Division of State Architect, etc.).
6.2. Approved Product List: The list of Charging Equipment qualified by
SCE and meeting SCE's technical requirements. Program Participant
must select Charging Equipment from the Approved Product List to
receive applicable Charging Equipment Rebate (if available).
6.3. Disadvantaged Communities as defined by CalEPA: see
Disadvantaged Communities.
6.4. Charging Equipment: Qualifying Charging Equipment that meets the
technical specifications set forth by SCE. Charging Equipment that
qualifies for the Rebate, if available, are listed in the Approved Product
List, which can be found on SCE's website at www.SCE.com/APL. See
also Power Levels.
6.5. Charging Equipment Supplier: The entity from which the Charging
Equipment is purchased.
6.6. Charging Equipment Rebate: Financial reimbursement paid to an
eligible Program Participant, or its designee, pursuant to this Agreement,
to off-set a portion of the purchase of approved Charging Equipment.
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6.7. Charging Ports: See Charging Stations.
6.8. Charging Stations — EV Charging Equipment: EV Charging Equipment
interconnects with the electricity grid at a charging site to an electric
vehicle, whether using alternating current (AC) or direct current (DC). An
individual charging station unit 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 Charging Station are referred to as ports
(referred to in this agreement as Charging Ports). Each charging station
may charge one or more vehicles depending on the number of ports with
which each unit is equipped. For dual-port stations, power cannot be
throttled during non-DR events and each port must be able to deliver full
power to both vehicles that are charging simultaneously. For example,
a dual-port L2 station rated at 7.2 kW must be able to deliver 7.2 kW of
power to both vehicles when two vehicles are charging simultaneously.
6.9. Commitment Period: The ten (10) year period where Program
Participant must maintain all Charging Equipment in working order at the
Site. The Commitment Period will commence on the In-Service Date of
the Charging Equipment.
6.10. Conceptual Design: Map and related documents, as applicable, that
show the proposed layout of the Infrastructure and Charging Equipment,
including but not limited to, conduit routing and equipment placement.
6.11. 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.
6.12. CPUC's Transportation Electrification Safety Requirements
Checklist: The Safety Requirements Checklist applies to CPUC-
Approved Transportation Electrification Programs and can be
downloaded from: www.cpuc.ca.gov/WorkArea/DownloadAsset.aspx?
id=6442458882
6.13. Customer-Side Infrastructure: See "Make-Ready Infrastructure."
6.14. Customer-Side Make-Ready Rebate: The rebate intended to offset
a portion of the Participant's costs if Participant elects to perform the
Customer-Side Make-Ready Infrastructure work, following the completed
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installation of the Make-Ready Infrastructure and submission of required
documentation.
6.15. Demand Response: Demand Response (DR) programs encourage a
reduction of electricity use during certain time periods, typically during
on-peak hours or when demand for electricity is high, and/or can provide
incentives to use electricity during periods of excess generation or when
demand for electricity is lower.
6.16. Disadvantaged Communities (DACs): Census tracts in SCE's service
territory with a top quartile score according to California Environmental
Protection Agency's California Communities Environmental Health
Screening Tool. SCE will use the current applicable version of the
CalEnviroScreen tool to verify site status.
6.17. Enrollment Portal: The website where Program Participants can apply
for the Program, check application status, and upload most required
documents.
6.18. Electric Vehicle Infrastructure Training Program (EVITP)
Certification: The document certifying an electrician has gone through
the Electric Vehicle Infrastructure Training Program process. For more
information, please visit https://www.evitp.org.
6.19. Fortune 1000: Fortune 1000 companies include companies listed on the
Fortune 1000 list, subsidiaries of Fortune 1000 companies, corporate
stores of Fortune 1000 companies, and international companies with
annual revenue at or above the lowest cutoff point in Fortune 1000.
6.20. Final Design: Map and related documents, as applicable, that show the
proposed layout of the Infrastructure and Charging Equipment, including
but not limited to, conduit routing and equipment placement. The Final
Design is the engineered construction drawing submitted for permitting
and will be completed after this Agreement is executed and prior to start
of construction.
6.21. Final Invoice: Statement of the total amount paid by Program Participant
to Charging Equipment Supplier(s) for the purchase, and installation of
the Charging Equipment.
6.22. Grant of Easement: A contractual agreement to grant right of way
for SCE to construct, maintain, operate, and repair any SCE-installed
infrastructure.
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6.23. In-Service Date: The earliest date on which the EV Charging Equipment
is installed and operational.
6.24. Infrastructure: The necessary Infrastructure on both the utility-side
and customer-side of the electric meter (i.e., "make-ready") that SCE
will design, construct, and install at no cost to the Program Participant
pursuant to this Program. Infrastructure, as defined herein, does NOT
include (1) purchase or installation of the Charging Equipment; or (2)
the customer-side portion of the Make-Ready Infrastructure, if the
Program Participant elects the self-installed Customer-Side Make-Ready
Infrastructure option.
6.25. Make-Ready Infrastructure: Infrastructure located on both the utility-side
and customer-side of the meter is also referred to as the Make-Ready
Infrastructure. The Utility-Side Infrastructure includes all infrastructure
work from SCE's distribution system to a new circuit panel that will
be installed to support EV charging. SCE will always be responsible
for designing, procuring, installing, and maintaining the necessary
infrastructure located on the utility side of the meter. The Customer-Side
Make-Ready Infrastructure includes all infrastructure from the new panel
that will be set as part of the Utility-Side Infrastructure work, up to the
first point of interconnection with the Participant's Charging Equipment.
Participants will have the option to have SCE perform the Customer-Side
Make-Ready Infrastructure work or perform that work themselves and
qualify to receive the Customer-Side Make-Ready Rebate.
6.26. Make-Ready Rebate: See Customer-Side Make-Ready Rebate.
6.27. Multi-Family Property (also referred to as multi-unit dwelling, or MUD).
The definition for enhance rebate qualifying sites include:
6.27.1.Residential properties — Structures that are designed to
accommodate two or more tenants with shared parking areas.
6.27.2.Apartment Buildings — Structure(s) containing two or more
dwelling units that may also include common areas and facilities,
e.g., entrances, lobby, elevators or stairs, mechanical space, walks,
grounds, recreational facilities, and parking both covered and open.
6.27.3.Retirement Communities, Townhomes, Condominiums —
Residential communities with shared parking areas managed by an
HOA or an equivalent association.
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6.27.4.Mobile Home Parks — Residential mobile home communities with
shared parking areas.
6.27.5.University & Military Housing — Student or military housing units
or apartments with individual cooking facilities (except conventional
dormitories and barracks with cafeteria type kitchens).
6.27.6.Timeshares —Vacation property communities with shared parking
areas managed by an HOA or an equivalent association.
6.27.7.Public Parking with Dedicated Overnight Resident Passes —
Public parking lots designated for nearby multi-family residents for
overnight parking. Charging Stations can be open for public use during
day-time hours.
6.28. Network Service Provider: The third-party entity that will provide
Network Services for the Charging Equipment. The Network Service
Provider will be required to transmit port level data and other information
to SCE complying with Program requirements.
6.29. Ports: See Charging Stations.
6.30. Power Levels: Charging Equipment Power Levels.
Level 1 (L1) Charging: Low power charging, typically at or below
120 volts.
Level 2 (L2) Charging: Medium power charging, typically delivered
between 220 and 240 volts.
Direct Current Fast Charging (DCFC): Charging equipment that
provide a high-power DC current, and for this program at least 50
kW, to the electric vehicle's battery without passing through any
onboard AC/DC converter, which means the current is connected
directly to the battery.
6.31. Preliminary Design: The set of engineered, working drawings of the
Infrastructure. The design includes project specifications, conduit routing,
electrical equipment specifications and calculations, project related Site
improvements and construction details
6.32. Program: Also referred to as the Charge Ready Charging Infrastructure
and Rebate Program. This Program is designed to help Program
Participants install the charging infrastructure needed to enable drivers to
refuel their light-duty electric vehicles.
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6.33. Program Guidelines: Program reference documents developed by SCE
that provide program information, including but not limited to the program
participation requirements.
6.34. Program Participant: The SCE non-residential entity that enters into this
Agreement.
6.35. Property Owner/Site Owner: Individual or entity authorized
representative of entity holding title in the Site where the Charging
Equipment and Infrastructure will be located.
6.36. Rebate Payment: The payment made by SCE to Program Participant, or
its designated assignee, after the eligible Program Participant procures
and installs the Charging Equipment, meets the qualification requirements
for the Customer-Side Make-Ready Rebate, and/or the Maintenance and
Networking Rebate, in accordance with this Agreement, as verified by
SCE, in SCE's sole discretion.
6.37. Site: The premises, owned, leased or operated by Program Participant,
where the Charging Equipment will be installed.
6.38. Time-of-Use (TOU) Rate Plans: Rate plans which feature energy
charges that vary based on the time of day, the day of the week, and the
season. Some plans also include demand charges that are based on the
maximum amount of electricity your business uses at once.
6.39. Utility-Side Infrastructure: See Make-Ready Infrastructure.
7. Eligibility.
Program Participant certifies that it meets, and will continue to meet
throughout its participation in the Program, all eligibility requirements of the
Program, including, but not limited to:
7.1. Program Participant is a non-residential SCE entity with at least one
active service account.
7.2. The installation site is located in SCE's service territory.
7.3. Program Participant agrees to provide, or cause the Site Owner to
provide, SCE with the rights of way across public or private property
(as applicable) and to obtain any necessary permits to install Charging
Equipment, without cost to SCE.
7.4. Program Participant will comply with all Program requirements outlined in
the Charge Ready Program Guidelines.
8. Additional Representations of Program Participant during the Term of
the Agreement.
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Program Participant:
8.1. Program Participant agrees to purchase and install the Charging
Equipment, as set forth in this Agreement. Program Participant agrees
that the number of Charging Ports and their charging power level set forth
in Section 1 cannot be modified after execution of this Agreement, without
express written consent of SCE, at SCE's discretion.
8.2. All charging equipment must be selected from SCE's Approved Product
List (APL) or otherwise approved by SCE for installation under this
Program, in a quantity approved by SCE.
8.3. Program Participant agrees to have APL listed charging equipment
installed by a qualified C-10 licensed and insured contractor.
8.4. Agrees to ensure their EVSE equipment installer follows all relevant
State and local codes, and AHJ permitting requirements. All installed
equipment must be correctly rated for the location where it will be
installed (outdoor rated if applicable, conforming with ventilation
requirements). The EV charging current shall not exceed 80% of the
branch circuit rating. All EVSE installations must comply with the SB350
safety requirement checklist.
8.5. Agrees to ensure their EVSE equipment installer will not install and
energize any EVSE or associated equipment capable of generation or
bidirectional operation without Permission to Operate from SCE.
8.6. Agrees to procure, own, install, operate, and maintain the Charging
Equipment in good working order at the site for a minimum of ten (10)
years from the In-Service Date of Charging Equipment ("Commitment
Period").
8.7. Agrees that, if at any time during the Commitment Period the Charging
Equipment is replaced, only SCE approved EVSE will be installed and all
associated costs will be the responsibility of the Program Participant.
8.8. Agrees to contract with a qualified electric vehicle charging equipment
Network Service Provider approved by SCE to record and transmit EV
charging usage and other data to SCE.
8.9. Program Participant authorizes SCE to act on Program Participant's
behalf to voluntarily grant a Third Party access to receive information
relating to Charging Station data, billing records, billing history, pricing
information, and all meter usage data used for bill calculation for all
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meters participating in this Program. This authorization expires ten (10)
years from the Charging Equipment's In-Service Date.
8.10. Program participant authorizes the use of the collected Charging Station
and related meter and billing data for regulatory reporting, program
evaluation, industry forums, case studies or other similar activities, in
accordance with applicable laws and regulations.
8.11. Acknowledges and agrees that the actual Make-Ready Infrastructure may
vary from the Conceptual Design, if, in SCE's sole discretion, actual Site
conditions or AHJ direction requires such changes.
8.12. Acknowledges that funding pursuant to this Agreement is only reserved
after SCE receives a copy of this Agreement signed by Program
Participant and Property Owner (if different from Program Participant).
The Program Participant also acknowledges that reserved funding may
be withdrawn, and SCE may terminate this Agreement, both in SCE's
sole discretion, if Program Participant breaches the Agreement.
8.13. Agrees to comply with the established timelines and required
documentation set forth in the Program Guidelines.
8.14. Represents and warrants that if Program Participant has applied for or
received any other incentives or rebates for the Charging Equipment,
Customer-Side Make-Ready Infrastructure, or Charging Equipment
Maintenance and Networking program Participant shall notify SCE of
any such incentives or rebates as soon as reasonably practicable. In the
event that any such incentives or rebates, when combined with Program
rebates, would reimburse Program Participant for more than 100 percent
of their costs, SCE shall decrease the issued 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 Participants costs.
8.15. Program Participant agrees that the electricity meter(s) associated with
the EV charging equipment will be provided service under a TOU rate
plan.
8.16. Participants must enroll in at least one qualifying Demand Response
Program.
8.17. Agrees to ensure information of newly installed Charging Equipment,
if accessible to the general public, will be registered with the US
Department of Energy's Alternative Fuel Data Center (https://
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afdc.energy.gov/stations/#/analyze), and with the US Department of
Energy's EV Charging Station Locations mapping tool, accessible at
(https://www.afdc.energy.gov/fuels/electricity_locations.html#/find/
nearest?fuel=ELEC), and that only one set of information is reported
between the Program Participant and Charging Equipment Supplier.
8.18. Agrees to submit a completed IRS tax form W-9, and California Franchise
Tax Board form 590 if applicable, or to provide line items from those
forms as SCE may request, in order for SCE to process any Rebate
Payment.
8.19. Represents and warrants that the execution and delivery of this
Agreement, and the performance by Program Participant of its obligations
under this Agreement, have been duly and validly authorized, and this
Agreement is a legal, valid and binding obligation of Program Participant.
8.20. SCE, at its sole discretion and in accordance with its applicable tariffs,
design standards, and AHJ permitting requirements, will locate, design,
and install the utility-side, and possibly the customer-side Infrastructure
depending on the Participants choice. SCE is responsible for all
costs associated with Infrastructure deployed by SCE pursuant to this
Agreement.
8.21. SCE will pay the Charging Equipment Rebate, if applicable, after SCE
has verified correct installation of the Charging Equipment, consistent
with this Agreement, subject to Program Participant meeting all Program
requirements. The actual Charging Equipment Rebate Payment amount
shall not exceed the actual reasonable costs of the Charging Equipment,
and its installation, as set forth in the Final Invoice(s) and consistent
with the Program Participant's contract with the Charging Equipment
Supplier(s) and installers.
8.22. SCE will pay the Maintenance and Networking Rebate to qualifying
participants following the installation of the Charging Equipment and
subject to Program Participant meeting all Program requirements.
8.23. For sites that qualify to participate under the Multi-Family Property sites
definition by providing Public Parking with Dedicated Overnight Resident
Passes, Participant agrees to ensure that overnight parking will be
reserved and dedicated for nearby multi-family residents for the duration
of the commitment period.
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8.24. Agrees to participate in SCE sponsored customer satisfaction and other
surveys following completion of the Project, upon request of SCE.
9. Term and Termination:
9.1. Term: The term of this Agreement shall begin upon the date that both
Parties have signed the Agreement and end ten (10) years from the In-
Service Date of the Charging Equipment, unless otherwise terminated
earlier pursuant to this Agreement ("Term").
9.2. Termination: If the Program Participant fails to comply with any of the
terms and conditions of this Agreement, SCE, in its sole discretion, may
terminate this Agreement after sending Program Participant a notice
of default that remains uncured for five (5) business days from receipt,
except in the case of a safety or security violation, in which case, SCE
may terminate the Agreement immediately and take all other necessary
actions, including but not limited to, disconnecting power to the Charging
Equipment, in SCE's sole discretion, to cure such safety or security
violation(s).
9.3. Termination Costs: If this Agreement is terminated prior to the end of the
Term because (1) Program Participant terminates its participation in this
Program, (2) Program Participant, prior to the end of the Commitment
Period, fails to install, or removes without replacing, the Charging
Equipment or Program Participant-owned make-ready infrastructure,
if applicable; or (3) SCE terminates this Agreement due to Program
Participant's failure to comply with the terms and conditions of the
Agreement, in accordance with Section 9.b. (Termination) hereof, the
Program Participant shall pay (a) all costs actually incurred, or committed
to be incurred, by SCE, as of the termination date, in connection with
designing and deploying the Infrastructure at the Site; and (b) the Rebate
Payment (if already paid). If the Charging Equipment or the Make-Ready
Infrastructure, if applicable, are installed, the amount due to SCE for
both (a) and (b) above will be prorated over a ten-year period, beginning
from the In-Service Date of the Charging Equipment. SCE will invoice the
Program Participant for such costs, and Program Participant shall pay
such invoice within sixty (60) days of receipt.
10. Indemnification and Liability; No Representations or Warranties
10.1. Program Participant understands that SCE makes no representations
regarding manufacturers, dealers, contractors, materials or workmanship
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of the Charging Equipment. Further, SCE makes no warranty, whether
express or implied, including without limitation the implied warranties of
merchantability and fitness for any particular purpose, use, or application
of the products and services under the Program. Program Participant
agrees that SCE has no liability whatsoever concerning (1) the quality,
safety or installation of such products, including their fitness for any
purpose, (2) the workmanship of any third parties, (3) the installation
or use of the products. Program Participant hereby waives any and all
claims against SCE, its parent companies, directors, officers, employees,
or agents, arising out of activities conducted by or on behalf of SCE
under the Program. Without limiting the generality of the foregoing,
Neither SCE nor Program Participant shall be liable hereunder for any
type of damages, whether direct, or indirect, incidental, consequential,
exemplary, reliance, punitive or special damages, including damages
for loss of use, regardless of the form of action, whether in contract,
indemnity, warranty, strict liability or tort, including negligence of any kind.
10.2. Indemnification of SCE. To the fullest extent permitted by law, Program
Participant shall, at SCE's request, indemnify, defend, and hold harmless
SCE, and its parent company, subsidiaries, affiliates, and their respective
shareholders, officers, directors, employees, agents, representatives,
successors, and assigns (collectively, the "Indemnified Parties"), from and
against any and all claims, actions, suits, proceedings, losses, liabilities,
penalties, fines, damages, costs, or expenses, including without limitation
reasonable attorneys' fees (a "Claim"), resulting from (a) any breach of
the representations, warranties, covenants, or obligations of Program
Participant under this Agreement, (b) any act or omission of Program
Participant, whether based upon Program Participant's negligence,
strict liability, or otherwise, in connection with the performance of this
Agreement, or (c) any third-party claims of any kind, whether based upon
negligence, strict liability, or otherwise, arising out of or connected in any
way to Program Participant's performance or nonperformance under this
Agreement. This indemnification obligation shall not apply to the extent
that such injury, loss, or damage is caused by the sole negligence or
willful misconduct of SCE.
10.3. Responsibility for Repairs. If Participant -installed equipment damages
SCE-owned Infrastructure, Participant will be responsible for any costs
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associated with making any necessary repairs. If SCE identifies an
improper installation of Participant-installed equipment, Participant agrees
to pay for and be responsible for making any necessary corrections in the
manner requested by SCE.
10.4. Defense of Claim. If any Claim is brought against the Indemnified Parties,
Program Participant, at SCE's request, shall assume the defense of such
Claim, with counsel reasonably acceptable to the Indemnified Parties,
unless in the opinion of counsel for the Indemnified Parties a conflict
of interest between the Indemnified Parties and Program Participant
may exist with respect to such Claim. If a conflict precludes Program
Participant from assuming the defense, then Program Participant shall
reimburse the Indemnified Parties on a monthly basis for the Indemnified
Parties' defense costs through separate counsel of the Indemnified
Parties' choice. If Program Participant assumes the defense of the
Indemnified Parties with acceptable counsel, the Indemnified Parties,
at their sole option and expense, may participate in the defense with
counsel of their own choice without relieving Program Participant of any
of its obligations hereunder.
11. Miscellaneous
All Applicable Tariffs Apply. All applicable SCE tariffs apply to service provided
pursuant to this Agreement, with the following exceptions:
11.1. Rules 15 and 16. Distribution Line and Service Extensions: Because SCE
will design and install the Infrastructure at no cost to Program Participant,
sections in Rules 15 and 16 that address applicant responsibilities or
options are not applicable to Program Participants while participating in
the Charge Ready Charging Infrastructure and Rebate Program. This
may include, but is not limited to, allowances, contributions or advances,
payments, refunds, and design and installation options. This exception
does not apply to certain responsibilities found in Rule 16, such as, but
not limited to, Section A.10, providing rights of way or easements; Section
A.11, providing access to the location; and Section D.1, providing a clear
route for the Service Extension.
11.2. Survival. Program Participant's obligation to pay Termination Costs
and to indemnify the Indemnified Parties shall survive the expiration or
termination of this Agreement.
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11.3. Assignment. Program Participant shall not assign this Agreement without
the prior written consent of SCE; to be granted or denied in SCE's sole
discretion. Any assignment and assumption shall be in a form acceptable
to SCE, in SCE's sole discretion.
11.4. All applicable SCE tariffs apply to service provided pursuant to this
Agreement including, but not limited to, the applicable provisions of SCE's
Charge Ready Program (CRP) Tariff Schedule filed with the California
Public Utilities Commission. This Agreement shall be subject to such
changes or modifications by the Public Utilities Commission of the State
of California, as said Commission may, from time to time, direct in the
exercise of its jurisdiction.
11.5. Should a conflict exist between the Charge Ready Program Guidelines
and this Agreement, then this Agreement shall control with respect to
such conflict.
11.6. Incentives and Rebates are taxable and if greater than $600 will be
reported to the IRS unless the payee is exempt. SCE will report the
rebate as income on IRS Form 1099. The payee should consult its tax
advisor concerning the taxability of the Rebate Payment.
This Agreement can be signed electronically. If wet signature required, this Agreement
can be downloaded and signed. Following signature, the Program Participant can
upload the completed Agreement. SCE will verify for completeness and accuracy and
will execute the Agreement and reserve funding accordingly.
AGREEMENT BY PROGRAM PARTICIPANT
By signing this document, you represent that the information provided in this Agreement
is true, accurate and complete, and that you will comply with the terms and conditions
set forth in this Agreement. You also represent and warrant that you are a duly
authorized representative of Program Participant with the requisite authority to enter
into this Agreement. For federal government Program Participants, you must be a
Contracting Officer authorized to enter into this Agreement.
Name of Program Participant: HUNTINGTON BEACH, CITY OF
Name of Program Participant Representative:
Sean Crumby
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Title of Program Participant Representative:
Director of Public Works
I certify that the information provided is accurate and complete and that I have authority
to sign t ' Agreement on behalf of pplic nt.
Signature
Date: 12 --1 -2o2 .--
AGREEMENT BY PROPERTY OWNER (If Program Participant is the Property Owner,
no separate signature is required.)
By signing this document, you represent and warrant that you are a duly authorized
representative of the owner of the property on which the Site is located and that you
have the requisite authority to consent to the use of the property in the manner set
forth in this Agreement. You also represent that Property Owner hereby approves the
installation and operation of the Infrastructure and the Charging Equipment, as well
as any other necessary equipment to deploy the Charging Equipment pursuant to the
Program as described in this Agreement. You further agree to execute the Easement
Agreement within thirty (30) calendar days after Easement Agreement is provided by
SCE.
Name of Property Owner Representative:
Sean Crumby
Title of Property Owner Representative:
Director of Public Works
I certi hat I have authority t n this Agreement on behalf of the Property Owner.
Signature
Date:
A�N�+vv�� w.s7ur .
12 -7 - 2-O22
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Endnotes
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Charge Ready
Charging Infrastructure and Rebate
Participation Agreement
This Charge Ready Charging Infrastructure and Rebate Participation Agreement
(Agreement) sets forth the terms and conditions for Program Participant to participate
in the Program. Pursuant to the terms of this Agreement, SCE will (1) install the
Infrastructure (as defined herein) at no cost to the Program Participant; and, (2)
if applicable, remit the Charging Equipment Rebate, and/or the Maintenance and
Networking Rebate after all terms and conditions have been met by the Program
Participant.
All Program Participants are eligible for no-cost installation of the utility-side and
Customer-Side Make-Ready Infrastructure.
Program Participant hereby agrees to the following terms and conditions of the Charge
Ready Charging Infrastructure and Rebate Program (the "Program").
APPROVED CHARGING PORTS
1. Total Number of Approved Charging Ports:
The commitment to procure and install the number of approved Charging
Ports applies whether or not the Program Participant is eligible to also receive
a rebate for the installed charging equipment, as SCE will design and install
the Infrastructure based on this commitment.
The Program Participant is required to install the quantity and power level of
approved Charging Ports set forth in this Agreement. Failure to procure and install
the agreed upon number may lead to termination of this Agreement, at SCE's
discretion.
Number of Charging Ports and Power Levels approved by SCE.
Power Level (L1) Port count: 0
Power Level (L2) Port count: 16
Power Level (DCFC) Port count: 0
2. Rebates (if applicable):
2.1. Charging Equipment Rebate
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If Program Participant is eligible to receive a rebate for the purchase and
installation of charging equipment, the rebate amount paid to the Program
Participant will be reduced to ensure that when combined with any other third-
party rebates or incentives, the total rebate received by Program Participant does
not exceed the Program Participant's total costs for procuring and installing the
equipment. Following the successful installation of the Charging Equipment,
the Program Participant will certify whether it has received any other third-party
rebates or incentives, so that SCE can determine the appropriate rebate payment.
The following table reflects that rebate values in effect at the time this agreement
was issued:
DAC Others
Charging Infrastructure and Excluding Including
Rebate Fortune 1000* Multi-Family Fortune 1000`
L2 $2,900 $1,450 $725
2.2. Maintenance and Networking Rebate
This rebate option is only available to Multi-Family Property sites located in a
designated top quartile DAC. The rebate provides a one-time payment intended
to offset the maintenance, networking and warranty costs associated with owning
and operating L2 charging equipment. This rebate is intended to cover most of
the costs associated with 10 years of the equipment's operation. The total rebate
received by Program Participant will not exceed the Program Participant's actual
costs.
APPROVED SITE LOCATION AND DESIGN
3. Description of Approved Location at the Site:
Brief description of the mutually approved location on the Program Participant's Site
where Infrastructure will be installed.
Site Description: Corporation Yard East Lot
Site Address: 17371 GOTHARD ST, HUNTINGTON BEACH, CA, 92647
4. Conceptual Design of the Infrastructure deployment at Program
Participant's Site:
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Program participant has reviewed and approved the Conceptual Design, as provided
by SCE, showing the location within the Site where SCE will deploy the charging
infrastructure. MAKE-READY INFRASTRUCTURE WORK
5. The Make-Ready Infrastructure:
If the Program Participant elects to have SCE install the entire Make-Ready
Infrastructure, SCE will do so at no cost to the Program Participant. In this case,
the Make-Ready Infrastructure will be part of the "Infrastructure" as defined in this
Agreement.
El SCE-installed Customer-Side Make-Ready Infrastructure.
PROGRAM PARTICIPATION TERMS AND CONDITIONS
Program Participant agrees that its participation in the Program is subject to the
following terms and conditions:
6. Definitions:
6.1. AHJ —Authority Having Jurisdiction: The responsible government
entity having geographically-based jurisdiction that typically approves,
inspects, and permits construction projects (e.g., City, County, Fire,
Division of State Architect, etc.).
6.2. Approved Product List: The list of Charging Equipment qualified by
SCE and meeting SCE's technical requirements. Program Participant
must select Charging Equipment from the Approved Product List to
receive applicable Charging Equipment Rebate (if available).
6.3. Disadvantaged Communities as defined by CalEPA: see
Disadvantaged Communities.
6.4. Charging Equipment: Qualifying Charging Equipment that meets the
technical specifications set forth by SCE. Charging Equipment that
qualifies for the Rebate, if available, are listed in the Approved Product
List, which can be found on SCE's website at www.SCE.com/APL. See
also Power Levels.
6.5. Charging Equipment Supplier: The entity from which the Charging
Equipment is purchased.
6.6. Charging Equipment Rebate: Financial reimbursement paid to an
eligible Program Participant, or its designee, pursuant to this Agreement,
to off-set a portion of the purchase of approved Charging Equipment.
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6.7. Charging Ports: See Charging Stations.
6.8. Charging Stations — EV Charging Equipment: EV Charging Equipment
interconnects with the electricity grid at a charging site to an electric
vehicle, whether using alternating current (AC) or direct current (DC). An
individual charging station unit 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 Charging Station are referred to as ports
(referred to in this agreement as Charging Ports). Each charging station
may charge one or more vehicles depending on the number of ports with
which each unit is equipped. For dual-port stations, power cannot be
throttled during non-DR events and each port must be able to deliver full
power to both vehicles that are charging simultaneously. For example,
a dual-port L2 station rated at 7.2 kW must be able to deliver 7.2 kW of
power to both vehicles when two vehicles are charging simultaneously.
6.9. Commitment Period: The ten (10) year period where Program
Participant must maintain all Charging Equipment in working order at the
Site. The Commitment Period will commence on the In-Service Date of
the Charging Equipment.
6.10. Conceptual Design: Map and related documents, as applicable, that
show the proposed layout of the Infrastructure and Charging Equipment,
including but not limited to, conduit routing and equipment placement.
6.11. 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.
6.12. CPUC's Transportation Electrification Safety Requirements
Checklist: The Safety Requirements Checklist applies to CPUC-
Approved Transportation Electrification Programs and can be
downloaded from: www.cpuc.ca.gov/WorkArea/DownloadAsset.aspx?
id=6442458882
6.13. Customer-Side Infrastructure: See "Make-Ready Infrastructure."
6.14. Customer-Side Make-Ready Rebate: The rebate intended to offset
a portion of the Participant's costs if Participant elects to perform the
Customer-Side Make-Ready Infrastructure work, following the completed
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installation of the Make-Ready Infrastructure and submission of required
documentation.
6.15. Demand Response: Demand Response (DR) programs encourage a
reduction of electricity use during certain time periods, typically during
on-peak hours or when demand for electricity is high, and/or can provide
incentives to use electricity during periods of excess generation or when
demand for electricity is lower.
6.16. Disadvantaged Communities (DACs): Census tracts in SCE's service
territory with a top quartile score according to California Environmental
Protection Agency's California Communities Environmental Health
Screening Tool. SCE will use the current applicable version of the
CalEnviroScreen tool to verify site status.
6.17. Enrollment Portal: The website where Program Participants can apply
for the Program, check application status, and upload most required
documents.
6.18. Electric Vehicle Infrastructure Training Program (EVITP)
Certification: The document certifying an electrician has gone through
the Electric Vehicle Infrastructure Training Program process. For more
information, please visit https://www.evitp.org.
6.19. Fortune 1000: Fortune 1000 companies include companies listed on the
Fortune 1000 list, subsidiaries of Fortune 1000 companies, corporate
stores of Fortune 1000 companies, and international companies with
annual revenue at or above the lowest cutoff point in Fortune 1000.
6.20. Final Design: Map and related documents, as applicable, that show the
proposed layout of the Infrastructure and Charging Equipment, including
but not limited to, conduit routing and equipment placement. The Final
Design is the engineered construction drawing submitted for permitting
and will be completed after this Agreement is executed and prior to start
of construction.
6.21. Final Invoice: Statement of the total amount paid by Program Participant
to Charging Equipment Supplier(s) for the purchase, and installation of
the Charging Equipment.
6.22. Grant of Easement: A contractual agreement to grant right of way
for SCE to construct, maintain, operate, and repair any SCE-installed
infrastructure.
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6.23. In-Service Date: The earliest date on which the EV Charging Equipment
is installed and operational.
6.24. Infrastructure: The necessary Infrastructure on both the utility-side
and customer-side of the electric meter (i.e., "make-ready") that SCE
will design, construct, and install at no cost to the Program Participant
pursuant to this Program. Infrastructure, as defined herein, does NOT
include (1) purchase or installation of the Charging Equipment; or (2)
the customer-side portion of the Make-Ready Infrastructure, if the
Program Participant elects the self-installed Customer-Side Make-Ready
Infrastructure option.
6.25. Make-Ready Infrastructure: Infrastructure located on both the utility-side
and customer-side of the meter is also referred to as the Make-Ready
Infrastructure. The Utility-Side Infrastructure includes all infrastructure
work from SCE's distribution system to a new circuit panel that will
be installed to support EV charging. SCE will always be responsible
for designing, procuring, installing, and maintaining the necessary
infrastructure located on the utility side of the meter. The Customer-Side
Make-Ready Infrastructure includes all infrastructure from the new panel
that will be set as part of the Utility-Side Infrastructure work, up to the
first point of interconnection with the Participant's Charging Equipment.
Participants will have the option to have SCE perform the Customer-Side
Make-Ready Infrastructure work or perform that work themselves and
qualify to receive the Customer-Side Make-Ready Rebate.
6.26. Make-Ready Rebate: See Customer-Side Make-Ready Rebate.
6.27. Multi-Family Property (also referred to as multi-unit dwelling, or MUD).
The definition for enhance rebate qualifying sites include:
6.27.1.Residential properties — Structures that are designed to
accommodate two or more tenants with shared parking areas.
6.27.2•Apartment Buildings — Structure(s) containing two or more
dwelling units that may also include common areas and facilities,
e.g., entrances, lobby, elevators or stairs, mechanical space, walks,
grounds, recreational facilities, and parking both covered and open.
6.27.3.Retirement Communities, Townhomes, Condominiums —
Residential communities with shared parking areas managed by an
HOA or an equivalent association.
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6.27.4.Mobile Home Parks — Residential mobile home communities with
shared parking areas.
6.27.5.University & Military Housing — Student or military housing units
or apartments with individual cooking facilities (except conventional
dormitories and barracks with cafeteria type kitchens).
6.27.6.Timeshares —Vacation property communities with shared parking
areas managed by an HOA or an equivalent association.
6.27.7.Public Parking with Dedicated Overnight Resident Passes —
Public parking lots designated for nearby multi-family residents for
overnight parking. Charging Stations can be open for public use during
day-time hours.
6.28. Network Service Provider: The third-party entity that will provide
Network Services for the Charging Equipment. The Network Service
Provider will be required to transmit port level data and other information
to SCE complying with Program requirements.
6.29. Ports: See Charging Stations.
6.30. Power Levels: Charging Equipment Power Levels.
Level 1 (L1) Charging: Low power charging, typically at or below
120 volts.
Level 2 (L2) Charging: Medium power charging, typically delivered
between 220 and 240 volts.
Direct Current Fast Charging (DCFC): Charging equipment that
provide a high-power DC current, and for this program at least 50
kW, to the electric vehicle's battery without passing through any
onboard AC/DC converter, which means the current is connected
directly to the battery.
6.31. Preliminary Design: The set of engineered, working drawings of the
Infrastructure. The design includes project specifications, conduit routing,
electrical equipment specifications and calculations, project related Site
improvements and construction details
6.32. Program: Also referred to as the Charge Ready Charging Infrastructure
and Rebate Program. This Program is designed to help Program
Participants install the charging infrastructure needed to enable drivers to
refuel their light-duty electric vehicles.
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6.33. Program Guidelines: Program reference documents developed by SCE
that provide program information, including but not limited to the program
participation requirements.
6.34. Program Participant: The SCE non-residential entity that enters into this
Agreement.
6.35. Property Owner/Site Owner: Individual or entity authorized
representative of entity holding title in the Site where the Charging
Equipment and Infrastructure will be located.
6.36. Rebate Payment: The payment made by SCE to Program Participant, or
its designated assignee, after the eligible Program Participant procures
and installs the Charging Equipment, meets the qualification requirements
for the Customer-Side Make-Ready Rebate, and/or the Maintenance and
Networking Rebate, in accordance with this Agreement, as verified by
SCE, in SCE's sole discretion.
6.37. Site: The premises, owned, leased or operated by Program Participant,
where the Charging Equipment will be installed.
6.38. Time-of-Use (TOU) Rate Plans: Rate plans which feature energy
charges that vary based on the time of day, the day of the week, and the
season. Some plans also include demand charges that are based on the
maximum amount of electricity your business uses at once.
6.39. Utility-Side Infrastructure: See Make-Ready Infrastructure.
7. Eligibility.
Program Participant certifies that it meets, and will continue to meet
throughout its participation in the Program, all eligibility requirements of the
Program, including, but not limited to:
7.1. Program Participant is a non-residential SCE entity with at least one
active service account.
7.2. The installation site is located in SCE's service territory.
7.3• Program Participant agrees to provide, or cause the Site Owner to
provide, SCE with the rights of way across public or private property
(as applicable) and to obtain any necessary permits to install Charging
Equipment, without cost to SCE.
7.4. Program Participant will comply with all Program requirements outlined in
the Charge Ready Program Guidelines.
8. Additional Representations of Program Participant during the Term of
the Agreement.
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Program Participant:
8.1. Program Participant agrees to purchase and install the Charging
Equipment, as set forth in this Agreement. Program Participant agrees
that the number of Charging Ports and their charging power level set forth
in Section 1 cannot be modified after execution of this Agreement, without
express written consent of SCE, at SCE's discretion.
8.2. All charging equipment must be selected from SCE's Approved Product
List (APL) or otherwise approved by SCE for installation under this
Program, in a quantity approved by SCE.
8.3. Program Participant agrees to have APL listed charging equipment
installed by a qualified C-10 licensed and insured contractor.
8.4. Agrees to ensure their EVSE equipment installer follows all relevant
State and local codes, and AHJ permitting requirements. All installed
equipment must be correctly rated for the location where it will be
installed (outdoor rated if applicable, conforming with ventilation
requirements). The EV charging current shall not exceed 80% of the
branch circuit rating. All EVSE installations must comply with the SB350
safety requirement checklist.
8.5. Agrees to ensure their EVSE equipment installer will not install and
energize any EVSE or associated equipment capable of generation or
bidirectional operation without Permission to Operate from SCE.
8.6. Agrees to procure, own, install, operate, and maintain the Charging
Equipment in good working order at the site for a minimum of ten (10)
years from the In-Service Date of Charging Equipment ("Commitment
Period").
8.7. Agrees that, if at any time during the Commitment Period the Charging
Equipment is replaced, only SCE approved EVSE will be installed and all
associated costs will be the responsibility of the Program Participant.
8.8. Agrees to contract with a qualified electric vehicle charging equipment
Network Service Provider approved by SCE to record and transmit EV
charging usage and other data to SCE.
8.9. Program Participant authorizes SCE to act on Program Participant's
behalf to voluntarily grant a Third Party access to receive information
relating to Charging Station data, billing records, billing history, pricing
information, and all meter usage data used for bill calculation for all
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meters participating in this Program. This authorization expires ten (10)
years from the Charging Equipment's In-Service Date.
8.10. Program participant authorizes the use of the collected Charging Station
and related meter and billing data for regulatory reporting, program
evaluation, industry forums, case studies or other similar activities, in
accordance with applicable laws and regulations.
8.11. Acknowledges and agrees that the actual Make-Ready Infrastructure may
vary from the Conceptual Design, if, in SCE's sole discretion, actual Site
conditions or AHJ direction requires such changes.
8.12. Acknowledges that funding pursuant to this Agreement is only reserved
after SCE receives a copy of this Agreement signed by Program
Participant and Property Owner (if different from Program Participant).
The Program Participant also acknowledges that reserved funding may
be withdrawn, and SCE may terminate this Agreement, both in SCE's
sole discretion, if Program Participant breaches the Agreement.
8.13. Agrees to comply with the established timelines and required
documentation set forth in the Program Guidelines.
8.14. Represents and warrants that if Program Participant has applied for or
received any other incentives or rebates for the Charging Equipment,
Customer-Side Make-Ready Infrastructure, or Charging Equipment
Maintenance and Networking program Participant shall notify SCE of
any such incentives or rebates as soon as reasonably practicable. In the
event that any such incentives or rebates, when combined with Program
rebates, would reimburse Program Participant for more than 100 percent
of their costs, SCE shall decrease the issued 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 Participants costs.
8.15. Program Participant agrees that the electricity meter(s) associated with
the EV charging equipment will be provided service under a TOU rate
plan.
8.16. Participants must enroll in at least one qualifying Demand Response
Program.
8.17. Agrees to ensure information of newly installed Charging Equipment,
if accessible to the general public, will be registered with the US
Department of Energy's Alternative Fuel Data Center (https://
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afdc.energy.gov/stations/#/analyze), and with the US Department of
Energy's EV Charging Station Locations mapping tool, accessible at
(https://www.afdc.energy.gov/fuels/electricity_locations.html#/find/
nearest?fuel=ELEC), and that only one set of information is reported
between the Program Participant and Charging Equipment Supplier.
8.18. Agrees to submit a completed IRS tax form W-9, and California Franchise
Tax Board form 590 if applicable, or to provide line items from those
forms as SCE may request, in order for SCE to process any Rebate
Payment.
8.19. Represents and warrants that the execution and delivery of this
Agreement, and the performance by Program Participant of its obligations
under this Agreement, have been duly and validly authorized, and this
Agreement is a legal, valid and binding obligation of Program Participant.
8.20. SCE, at its sole discretion and in accordance with its applicable tariffs,
design standards, and AHJ permitting requirements, will locate, design,
and install the utility-side, and possibly the customer-side Infrastructure
depending on the Participants choice. SCE is responsible for all
costs associated with Infrastructure deployed by SCE pursuant to this
Agreement.
8.21. SCE will pay the Charging Equipment Rebate, if applicable, after SCE
has verified correct installation of the Charging Equipment, consistent
with this Agreement, subject to Program Participant meeting all Program
requirements. The actual Charging Equipment Rebate Payment amount
shall not exceed the actual reasonable costs of the Charging Equipment,
and its installation, as set forth in the Final Invoice(s) and consistent
with the Program Participant's contract with the Charging Equipment
Supplier(s) and installers.
8.22. SCE will pay the Maintenance and Networking Rebate to qualifying
participants following the installation of the Charging Equipment and
subject to Program Participant meeting all Program requirements.
8.23. For sites that qualify to participate under the Multi-Family Property sites
definition by providing Public Parking with Dedicated Overnight Resident
Passes, Participant agrees to ensure that overnight parking will be
reserved and dedicated for nearby multi-family residents for the duration
of the commitment period.
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8.24. Agrees to participate in SCE sponsored customer satisfaction and other
surveys following completion of the Project, upon request of SCE.
9. Term and Termination:
9.1. Term: The term of this Agreement shall begin upon the date that both
Parties have signed the Agreement and end ten (10) years from the In-
Service Date of the Charging Equipment, unless otherwise terminated
earlier pursuant to this Agreement ("Term").
9.2. Termination: If the Program Participant fails to comply with any of the
terms and conditions of this Agreement, SCE, in its sole discretion, may
terminate this Agreement after sending Program Participant a notice
of default that remains uncured for five (5) business days from receipt,
except in the case of a safety or security violation, in which case, SCE
may terminate the Agreement immediately and take all other necessary
actions, including but not limited to, disconnecting power to the Charging
Equipment, in SCE's sole discretion, to cure such safety or security
violation(s).
9.3. Termination Costs: If this Agreement is terminated prior to the end of the
Term because (1) Program Participant terminates its participation in this
Program, (2) Program Participant, prior to the end of the Commitment
Period, fails to install, or removes without replacing, the Charging
Equipment or Program Participant-owned make-ready infrastructure,
if applicable; or (3) SCE terminates this Agreement due to Program
Participant's failure to comply with the terms and conditions of the
Agreement, in accordance with Section 9.b. (Termination) hereof, the
Program Participant shall pay (a) all costs actually incurred, or committed
to be incurred, by SCE, as of the termination date, in connection with
designing and deploying the Infrastructure at the Site; and (b) the Rebate
Payment (if already paid). If the Charging Equipment or the Make-Ready
Infrastructure, if applicable, are installed, the amount due to SCE for
both (a) and (b) above will be prorated over a ten-year period, beginning
from the In-Service Date of the Charging Equipment. SCE will invoice the
Program Participant for such costs, and Program Participant shall pay
such invoice within sixty (60) days of receipt.
10. Indemnification and Liability; No Representations or Warranties
10.1. Program Participant understands that SCE makes no representations
regarding manufacturers, dealers, contractors, materials or workmanship
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of the Charging Equipment. Further, SCE makes no warranty, whether
express or implied, including without limitation the implied warranties of
merchantability and fitness for any particular purpose, use, or application
of the products and services under the Program. Program Participant
agrees that SCE has no liability whatsoever concerning (1) the quality,
safety or installation of such products, including their fitness for any
purpose, (2) the workmanship of any third parties, (3) the installation
or use of the products. Program Participant hereby waives any and all
claims against SCE, its parent companies, directors, officers, employees,
or agents, arising out of activities conducted by or on behalf of SCE
under the Program. Without limiting the generality of the foregoing,
Neither SCE nor Program Participant shall be liable hereunder for any
type of damages, whether direct, or indirect, incidental, consequential,
exemplary, reliance, punitive or special damages, including damages
for loss of use, regardless of the form of action, whether in contract,
indemnity, warranty, strict liability or tort, including negligence of any kind.
10.2. Indemnification of SCE. To the fullest extent permitted by law, Program
Participant shall, at SCE's request, indemnify, defend, and hold harmless
SCE, and its parent company, subsidiaries, affiliates, and their respective
shareholders, officers, directors, employees, agents, representatives,
successors, and assigns (collectively, the "Indemnified Parties"), from and
against any and all claims, actions, suits, proceedings, losses, liabilities,
penalties, fines, damages, costs, or expenses, including without limitation
reasonable attorneys' fees (a "Claim"), resulting from (a) any breach of
the representations, warranties, covenants, or obligations of Program
Participant under this Agreement, (b) any act or omission of Program
Participant, whether based upon Program Participant's negligence,
strict liability, or otherwise, in connection with the performance of this
Agreement, or (c) any third-party claims of any kind, whether based upon
negligence, strict liability, or otherwise, arising out of or connected in any
way to Program Participant's performance or nonperformance under this
Agreement. This indemnification obligation shall not apply to the extent
that such injury, loss, or damage is caused by the sole negligence or
willful misconduct of SCE.
10.3. Responsibility for Repairs. If Participant -installed equipment damages
SCE-owned Infrastructure, Participant will be responsible for any costs
Page 113
9-2-2021 V2.7
associated with making any necessary repairs. If SCE identifies an
improper installation of Participant-installed equipment, Participant agrees
to pay for and be responsible for making any necessary corrections in the
manner requested by SCE.
10.4. Defense of Claim. If any Claim is brought against the Indemnified Parties,
Program Participant, at SCE's request, shall assume the defense of such
Claim, with counsel reasonably acceptable to the Indemnified Parties,
unless in the opinion of counsel for the Indemnified Parties a conflict
of interest between the Indemnified Parties and Program Participant
may exist with respect to such Claim. If a conflict precludes Program
Participant from assuming the defense, then Program Participant shall
reimburse the Indemnified Parties on a monthly basis for the Indemnified
Parties' defense costs through separate counsel of the Indemnified
Parties' choice. If Program Participant assumes the defense of the
Indemnified Parties with acceptable counsel, the Indemnified Parties,
at their sole option and expense, may participate in the defense with
counsel of their own choice without relieving Program Participant of any
of its obligations hereunder.
11. Miscellaneous
All Applicable Tariffs Apply. All applicable SCE tariffs apply to service provided
pursuant to this Agreement, with the following exceptions:
11.1. Rules 15 and 16. Distribution Line and Service Extensions: Because SCE
will design and install the Infrastructure at no cost to Program Participant,
sections in Rules 15 and 16 that address applicant responsibilities or
options are not applicable to Program Participants while participating in
the Charge Ready Charging Infrastructure and Rebate Program. This
may include, but is not limited to, allowances, contributions or advances,
payments, refunds, and design and installation options. This exception
does not apply to certain responsibilities found in Rule 16, such as, but
not limited to, Section A.10, providing rights of way or easements; Section
A.11, providing access to the location; and Section D.1, providing a clear
route for the Service Extension.
11.2. Survival. Program Participant's obligation to pay Termination Costs
and to indemnify the Indemnified Parties shall survive the expiration or
termination of this Agreement.
Page 114
9-2-2021 V2.7
11.3. Assignment. Program Participant shall not assign this Agreement without
the prior written consent of SCE; to be granted or denied in SCE's sole
discretion. Any assignment and assumption shall be in a form acceptable
to SCE, in SCE's sole discretion.
11.4. All applicable SCE tariffs apply to service provided pursuant to this
Agreement including, but not limited to, the applicable provisions of SCE's
Charge Ready Program (CRP) Tariff Schedule filed with the California
Public Utilities Commission. This Agreement shall be subject to such
changes or modifications by the Public Utilities Commission of the State
of California, as said Commission may, from time to time, direct in the
exercise of its jurisdiction.
11.5. Should a conflict exist between the Charge Ready Program Guidelines
and this Agreement, then this Agreement shall control with respect to
such conflict.
11.6. Incentives and Rebates are taxable and if greater than $600 will be
reported to the IRS unless the payee is exempt. SCE will report the
rebate as income on IRS Form 1099. The payee should consult its tax
advisor concerning the taxability of the Rebate Payment.
This Agreement can be signed electronically. If wet signature required, this Agreement
can be downloaded and signed. Following signature, the Program Participant can
upload the completed Agreement. SCE will verify for completeness and accuracy and
will execute the Agreement and reserve funding accordingly.
AGREEMENT BY PROGRAM PARTICIPANT
By signing this document, you represent that the information provided in this Agreement
is true, accurate and complete, and that you will comply with the terms and conditions
set forth in this Agreement. You also represent and warrant that you are a duly
authorized representative of Program Participant with the requisite authority to enter
into this Agreement. For federal government Program Participants, you must be a
Contracting Officer authorized to enter into this Agreement.
Name of Program Participant: HUNTINGTON BEACH, CITY OF
Name of Program Participant Representative:
Sean Crumby
Page 115
9-2-2021 V2.7
Title of Program Participant Representative:
Director of Public Works
I certify that the information provided is accurate and complete and that I have authority
to sign t ' Agreement on behalf of plicant.
Signature
Date: t2 - -l - 2012-
AGREEMENT BY PROPERTY OWNER (If Program Participant is the Property Owner,
no separate signature is required.)
By signing this document, you represent and warrant that you are a duly authorized
representative of the owner of the property on which the Site is located and that you
have the requisite authority to consent to the use of the property in the manner set
forth in this Agreement. You also represent that Property Owner hereby approves the
installation and operation of the Infrastructure and the Charging Equipment, as well
as any other necessary equipment to deploy the Charging Equipment pursuant to the
Program as described in this Agreement. You further agree to execute the Easement
Agreement within thirty (30) calendar days after Easement Agreement is provided by
SCE.
Name of Property Owner Representative:
Sean Crumby
Title of Property Owner Representative:
Director of Public Works
I certify t ave authority sign is Agreement on behalf of the Property Owner.
Signature
Date: APPROVED A • • l
I2 1 - 2C22_ B : -✓ -f-
HAEL E.GAT
CITY ATTORNEY
CIT' OF HUNTINGTON BEACH
Page 116
9-2-2021 V2.7
Endnotes
Page 117
9-2-2021 V2.7
RECORDING REQUESTED BY
lY SOUTHERN CALIFORNIA
EDISON
An EDISON INTERNATIONAL Company
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Valuation
Mail Tax Statements to:N/A
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SCE Doc No.:
DISTRICT SERVICE UNDER SERIAL NO. MAY SILL
GRANT OF DOCUMENTARY TRANSFER TAX$NONE(VALUE XX XX
EASEMENT AND CONSIDERATION LESS THAN$100.001
Vehicle Charging Station BY DATE
SCE Company FIM XXX APPROVED:
SIG.OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME APN XX REAL PROPERTIES SLS/XX XXDEPARTMENT
, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to
construct, use, maintain, oper , add ° epair,-so lace, rem n sitsks sec :nd rem. iwi time and from time to time
overhead and underground ctricainupplE ems `t`y intert '0 co®yi unic ito ystems reinafter referred to as "systems"),
consisting of poles, guys and a cro %wir rider . d cafes,vault e,.r�.a Ales,handholes, and including
above-ground enclosures, kers a i.a.14 a I h a.4e, rtenant l ures anal'<•quipment necessary or useful for
distributing electrical energy a ig itting o_.e enw-by ecito al means,Ia-m.E pu ••.6 -Asor oviding electrical power to
vehicle charging stations, in, on, over, under, across and along that certain real property in the County of , State of
California,described as follows:
LEGAL DESCRIPTION
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s)to grant
an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said
systems as constructed in,on,over,under,across,and along the Grantor(s)property.
This legal description was prepared pursuant to Sec. 8730(c)of the Business&Professions Code.
Grantor further grants,bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part,to others,
without limitation,and the right to apportion or divide in whatever manner Grantee deems desirable,any one or more,or all,of the
easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of
Easement.
Grantor agrees for itself, its heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or
maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the hereinbefore described
easement area.The Grantee,and its contractors,agents and employees,shall have the right to trim or top such trees and to cut such
roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times,
for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the
Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such
excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it
was prior to such excavation as is practicable.
89
Upon written request, Grantee shall relocate its facilities installed hereunder to another mutually approved area on
Grantor's property and provided that Grantee has first been given an easement over such new area on terms identical to those set
forth herein. Such relocation shall be at Grantor's sole cost and expense.Upon completion of the relocation,Grantee shall execute
a quitclaim of this easement on terms reasonably acceptable to Grantor and Grantee.
To the extent Grantor removes the vehicle charging stations, and such removal is not part of a relocation, Grantor may,
upon sixty (60) days written notice,terminate this easement. However, in no event will the vehicle charging stations be removed
unless a structure is constructed in the parking area.Upon termination,Grantee shall have a limited right to access the property for
the purpose of removing its facilities or Grantee may abandon its systems in place. In addition, upon written request,Grantee will
execute a quitclaim of this easement on terms reasonably acceptable to Grantee and Grantor.
To the extent Grantee has not commenced the installation of the facilities within one (1) year of the execution date, this
easement shall become null and void.
EXECUTED this day of ,20
GRANTOR
GRANTOR
By
Name
Title
Name
Title
A Notary Public or other officer completing this certificate verifies only 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 )
County of
On before me, ,a Notary Public,personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(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 instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. APPROVED AS TO FORM
Seal By:
Signature (Seal) MICHAEL E.GATES
CITY ATTORNEY
2 CITY OF HUNTINGTON BEAC
DCR
90
A Notary Public or other officer completing this certificate verifies only 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 )
County of )
On before me, ,a Notary Public,personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(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 instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
3 DCR
91
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