HomeMy WebLinkAboutSOUTHERN CALIFORNIA EDISON (20) N-2025-152
HCURANCE NOT REQUIRED
WORK IVAY PROCEED
CITY CLERK
DATE: Charge Ready
.JUN 12 2025 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
Infrastructure and Customer-Side of the Meter Infrastructure (or "Make-Ready
Infrastructure," as defined herein).
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 (11-2) Port count: 20
2. Rebates (if applicable):
2.1. Charging Equipment Rebate (not applicable)
2.2• Customer-Side of the Meter Make-Ready Rebate (not applicable)
This Customer-Side of the Meter Make-Ready Rebate is available only to a Program
Participant who selects the "Customer-Install" option in Section 5, indicating that
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Program Participant will design, purchase, and install the Customer-Side of the Meter
Infrastructure.
If the Program Participant has elected the "Customer-Install" option for the
Customer-Side of the Meter Infrastructure, and, subject to meeting all of the
applicable terms and conditions, the Program Participant qualify to receive the
Make-Ready Rebate. The Make-Ready Rebate shall not exceed 80 percent of N/
A, which also represents the Customer-Side of the Meter infrastructure funds that
will be reserved as of the effective date of this Agreement. The actual Customer-
Side Make-Ready Rebate Payment may be less, if 80 percent of the Program
Participant's actual recorded and documented installation costs are lower than the
reserved amount.
2.3. Maintenance and Networking Rebate (Available only to Multi-Family
Property in DACs)
The Maintenance and Networking Rebate is only available to Multi-Family
Property Sites located in a designated top quartile Disadvantaged Community
(DAC). The Maintenance and Networking Rebate provides a one-time payment
intended to offset the maintenance, networking and warranty costs associated
with owning and operating Charging Equipment. This rebate is intended to
cover most of the costs associated with 10 years of the Charging Equipment's
operation. The total Maintenance and Networking Rebate will not exceed the
Program Participant's actual costs for maintenance, networking and warranty
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: City Yard - Public Works
Site Address: 220 S DAISY AVE, SANTA ANA, CA, 92703
4. Conceptual Design or T&D Narrative of the Infrastructure deployment at
Program Participant's Site:
Program Participant has reviewed and approved the Conceptual Design ("SCE-
Install" option) or T&D Narrative ("Customer-Install" option), as provided by
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SCE, showing the location within the Site where SCE will deploy the charging
Infrastructure.
5- The Customer Side of the Meter Make-Ready Infrastructure:
For the "Customer Side of the Meter Make Ready Infrastructure," the Program
Participant may choose the "SCE-Install" option or the °Customer-Installed" Option.
If the Program Participant elects the "SCE-Install" option, SCE will design, purchase
and install the Customer-Side of the Meter Make Ready Infrastructure at no cost
to the Program Participant. If the Program Participant elects the "Customer-Install"
option, the Program Participant will design, purchase and install the Customer-
Side of the Meter Make Ready Infrastructure at Program Participant's cost and in
accordance with this Agreement.
R1 SCE-installed Customer-Side of the Meter Make-Ready Infrastructure
❑ Customer-installed Customer-Side of the Meter 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 meeting SCE's
technical requirements and approved by SCE for use in its Charge Ready
Programs. Program Participant must select Charging Equipment from the
Approved Product List to receive applicable Charging Equipment Rebate
(if available).
6.3. CalEnviroScreen: see Disadvantaged Communities.
6.4• Charging Equipment: Qualifying charging equipment that meets the
technical specifications set forth by SCE and is on the Approved Product
List. Charging Equipment that qualifies for the Rebate, if available. See
also Power Levels.
6.5. Charging Equipment Supplier: The entity from which the Charging
Equipment is purchased.
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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.
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 single and dual-port stations, each port
must be capable of delivering 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 of the Meter Infrastructure: Necessary infrastructure on
the Customer's side of the meter.
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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
installation of the Utility-Side 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.or-g.
6.19. Fortune 1000: Fortune 1000 companies include companies listed on the
Fortune 1000 list.
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 the Utility-side of the
electric meter (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 of the Meter Infrastructure, if the
Program Participant elects the Customer-Installed Customer-Side of the
Meter Infrastructure option.
6.25. Make-Ready.lnfrastructure: Utility-Side Infrastructure and
Customer-Side of the Meter Infrastructure, taken together, are
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 of the Meter Make-Ready Infrastructure
includes all infrastructure from beyond the new panel, which is Utility-Side
Infrastructure, to the first point of interconnection with the Program
Participant's Charging Equipment. Program Participants will have the
option to have SCE perform the Customer-Side of the Meter 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.Retlrement 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 (1_1) 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,
as set forth in Section 3 of this Agreement, 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: The Infrastructure on the utility's side of the
meter.
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 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.
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8• Additional Representations of Program Participant during the Term of
the Agreement.
Program Participant:
8.1. 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. Agrees that all Charging Equipment must be approved by SCE for
installation under this Program, in a quantity approved by SCE.
8.3- Agrees to have Charging Equipment that is on the Approved Product List
installed by a qualified C-10 licensed and insured contractor.
$•4• Agrees to ensure their electric vehicle supply equipment (EVSE)
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 does 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- Authorizes SCE, for ten (10) years from the Charging Equipment's In-
Service Date, to act on Program Participant's behalf to voluntarily grant
a Third Party access to receive information relating to Charging Station
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data, billing records, billing history, pricing information, and all meter
usage data used for bill calculation for all meters participating in this
Program.
8.10. 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. If the Program Participant elects the "SCE-installed Make Ready" build
option, as set forth in Section 6.25, then Program Participant:
8.12.1 Acknowledges and agrees that SCE shall own all Make-Ready
Infrastructure, including but not limited to, the Customer Side Of The Meter
Infrastructure on the Program Participant's property.
7.11.2 Acknowledges and agrees that Program Participant will convey to
SCE all already-existing Make-Ready Infrastructure located on the
property and that is owned by the Customer, as well as provide
any necessary easements, as may be required by SCE on the
Customer or third party property for SCE to install, access, and
maintain the Make-Ready Infrastructure. Customer shall convey
any such necessary Make Ready Infrastructure or easements
to SCE, promptly and using SCE's standard conveyance and/or
easement agreements, as applicable, found at https://www. https.H
www.sce.com/evbusiness/chargeready/tools-resources
7.11.3 Agrees to allow SCE to secure such access to the Make Ready
Infrastructure located before SCE will energize any of the Make-
Ready Infrastructure,
8.13. 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.
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8.14. Agrees to comply with the established timelines and required
documentation set forth in the Program Guidelines.
8.15. Represents and warrants, to the best of Program Participant's knowledge
after reasonable investigation, that the Site is free of hazardous
contamination, other safety hazards, and other environmental or physical
conditions impacting the ability to perform work on are at the Site.
8.16. 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 Program Participant's costs.
8.17. Agrees to enroll the account(s) associated with the Charging Equipment
in a qualifying time-of-use (TOU) rate plan, and, if it does not, agrees to
allow SCE to enroll such account(s) in a qualifying TOU rate plan.
8.18. Agrees to enroll in at least one qualifying Demand Response Program.
8.19. 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://
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.
8.20. 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.
8.21. Represents and warrants that the execution and delivery of this
Agreement, and the performance by Program Participant of its obligations
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under this Agreement, have been duly and validly authorized, and this
Agreement is a legal, valid and binding obligation of Program Participant.
8.22. For Sites that qualify to participate as Multi-Family Property sites by
providing Public Parking with Dedicated Overnight Resident Passes,
Participant agrees to ensure that overnight parking will be reserved
and dedicated for nearby multifamily residents for the duration of the
commitment period.
8.23• Agrees to participate in SCE sponsored customer satisfaction and other
surveys following completion of the Project, upon request of SCE.
9. SCE's Obligations.
9.1. 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 Infrastructure, and, if Program
Participant elects the SCE-Install option, the Customer-Side of the Meter
Infrastructure. SCE is responsible for all costs associated with Make-
Ready Infrastructure deployed by SCE pursuant to this Agreement. SCE
is not responsible for any costs to remedy any environmental or safety
conditions at the Site. To that end, before commencing any work, SCE
may require the Program Participant to fully complete, to the best of
its ability, an SCE questionnaire regarding the relevant condition and
history of the Site; and SCE and/or its contractors shall have the right to
visually inspect all of the Site. Based on the questionnaire and Site visual
inspection and any other available information, SCE, in its reasonable
discretion: (i) may decline to proceed with any further work at the Site; or
(ii) may decline to proceed with any further work at the Site except with
Program Participant's agreement to additional reasonable environmental
and other review and investigation of the Site, at Program Participant' s
expense, and reasonable remediation or mitigation of any such identified
environmental or safety conditions, at Program Participant's expense. If
SCE at any time discovers any such environmental or safety conditions
during the performance of work at the Site, then SCE in its reasonable
discretion may decline to proceed with any further work at the Site,
unless and until such conditions are remediated to SCE' s reasonable
satisfaction, at Program Participant's expense.
9.2. SCE will pay the Customer-Side Make-Ready Rebate, if applicable, in
accordance with the terms and conditions of this Agreement.
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9•3• 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.
9.4. SCE will pay the Maintenance and Networking Rebate to qualifying
Program Participants following the installation of the Charging Equipment
and subject to Program Participant meeting all Program requirements.
10. Term and Termination:
10.1. 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").
10.2. Termination: If the Program Participant fails to comply with any of
the terms and conditions of this Agreement, including the Program
Guidelines, 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).
10.3. 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 Customer Side of the Meter Make-Ready Infrastructure not
owned by SCE, if applicable; or (3) SCE terminates this Agreement due
to Program Participant's failure to comply with the terms and conditions of
the Agreement or if any hazardous environmental conditions, safety, and/
or security concerns exist, in accordance with Section 10.2. (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
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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.
11• Indemnification and Liability; No Representations or Warranties
11.1• Program Participant understands that SCE makes no representations
regarding manufacturers, dealers, contractors, materials or workmanship
of the Charging Equipment or, if Program Participant chooses the
"Customer-Install" option, the Customer-Side of the Meter Make
Ready Infrastructure. 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, SCE
shall not be liable hereunder for any indirect, incidental, consequential,
exemplary, reliance, punitive, lost profits or other business interruption
damages, or special damages, including damages for loss of use, by
statute, in tort or contract or otherwise.
11.2. Indemnification of SCE: To the fullest extent permitted by law, Program
Participant shall indemnify, defend, hold harmless, and release 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,
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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; or(d)from any harm or
cost, known or unknown, associated with any hazardous materials,
conditions, or site contamination, including, but not limited to, harm
to SCE personnel, third parties, or customer applicant's employees,
contractors, agents, and assigns . 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.
11.3• Responsibility for Repairs: If Program Participant's Customer-Side of the
Meter Infrastructure, Charging Equipment, or any other equipment owned
by Customer or owner of the Site damages SCE-owned Infrastructure,
Program Participant will be responsible for any costs associated with
making any necessary repairs. If SCE identifies an improper installation
of any of the equipment listed in the prior sentence, Program Participant
agrees to pay for and be responsible for making any necessary
corrections in the manner requested by SCE.
11.4. Defense of Claim: If any Claim is brought against the Indemnified Parties,
Program Participant 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.
12. Miscellaneous
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12.1. 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. 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, with the following exceptions:
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 customers' 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.
12•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.
12.3. 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.
12.4. Should a conflict exist between the Charge Ready Program Guidelines
and this Agreement, then this Agreement shall control with respect to
such conflict.
12.5. The payee should consult its tax advisor concerning the taxability of the
Rebate Payment.
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
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11-21-2024 V3.1
into this Agreement. For federal government Program Participants, you must be a
Contracting Officer authorized to enter into this Agreement.
Name of Program Participant: SANTA ANA, CITY OF
Name of Program Participant Representative:
Nabil Saba
Title of Program Participant Representative:
Executive Director of Public Works
I certify that the information provided is accurate and complete and that I have authority
to sign this Agreement on behalf of Applicant.
Signature
Date: &A/?V-L 5i
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 (see Appendix A link within thirty (30) calendar days after Easement
Agreement is provided by SCE.
Name of Property Owner Representative:
Alvaro Nunez
Title of Property Owner Representative:
Citv Manager
J-dertify that I have authority to sign this Agreement on behalf of the Property Owner.
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11-21-2024 V3.1
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 (see Appendix A link) within thirty (30) calendar days after Easement
Agreement is provided by SCE.
Name of Property Owner Representative:
Alvaro Nunez
Title of Property Owner Representative:
City Manager
I certify that I have authority to t s Agreement on behalf of the Property Owner.
Signature
®ate:
o ,
Al TEST:
Endnotes
f,
Jennifer , Hal!
, k
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