AGENDA REPORT
Meeting Date: October 20, 2026
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Josette Descalzo, Environmental Compliance and Sustainability Programs Manager
Amanda Grossman, Sustainability Program Administrator
Subject: PROGRAM PARTICIPATION AGREEMENT BETWEEN CITY OF
BEVERLY HILLS AND CLEAN POWER ALLIANCE OF
SOUTHERN CALIFORNIA FOR ITS ENERGIZED COMMUNITIES
PROGRAM FOR COMMUNITY ELECTRIC VEHICLE CHARGING
Attachments: 1. Draft Community Electric Vehicle Charging Program Participation Agreement
RECOMMENDATION
Staff recommends City Council approve the Participation Agreement with Clean Power Alliance of Southern California for its Energized Communities Program for Community Electric Vehicle Charging and authorize the City Manager or designee to execute the amendment, following City Council approval.
INTRODUCTION
The City of Beverly Hills plans to expand electric vehicle (EV) infrastructure to support communitywide adoption of zero emission vehicles and support the goals of the City’s Climate Action and Adaptation Plan (CAAP). The Clean Power Alliance provides funding for member agencies to increase public EV charging infrastructure through its Energized Communities Program.
DISCUSSION
At the April 22, 2025, City Council meeting, Council adopted the Climate Action and Adaptation Plan (CAAP), which outlines measures the City can enact to directly and indirectly reduce greenhouse gas emissions. One of the measures identified in the Transportation sector is transitioning to zero emission vehicles. While the City does not control car buyers’ decisions, the City can remove barriers for EV adoption by increasing BEVERL
HILLS
i
Meeting Date: October 20, 2026
accessibility to public EV chargers. The City adopted a target of 364 EV chargers by 2030 to support the City’s transition to cleaner fueled transportation and greenhouse gas emission targets. In Fiscal Year 2026/27, City Council adopted EV charging expansion as a Council Priority. The City currently has 59 public EV chargers located throughout Cityowned parking garages and parking lots.
Table 1 highlights the total number of EV charging sessions by year for all City-owned EV chargers. The usage of the City’s EV chargers continues to increase each year, demonstrating a demand for charging.
Figure 1: Annual Public EV Charging Sessions
Beverly Hills has a high adoption rate of zero emissions vehicles. In 2025, 17 percent of all vehicles registered in Beverly Hills were electric vehicles, a higher percentage compared to other cities in the region. The City has surpassed the 2030 target established in the CAAP, which aimed for electric vehicles to account for 16 percent of all vehicles registered in Beverly Hills.
Figure 2: Total Electric Vehicles Registered in Beverly Hills by Year Staff have identified opportunities to expand public EV charging infrastructure. Based on an internal staff study conducted in 2024, City parking structures and lots were assessed for sufficient electrical capacity to increase electrical demand for additional EV chargers.
Some parking structures require additional transformer updates. Those structures are not being considered for this funding.
44%
28%
11%
12%
13%
19,779
28,416
36,358
40,221
44,871
50,689
0 10000
20000
30000
40000
50000
60000
2020 2021 2022 2023 2024 2025
Annual Public EV Charger Sessions
t
t
Electric Vehicles Registered in
Beverly Hills
5617
4916 4
4016 4
3251 t 'So/« 20A
2272 io¢
1337 1605, iiil
6000
5000
4000
3000
2000
1000
0 2018 2019 2020 2021 2022 2023 2024 2025
Meeting Date: October 20, 2026
Staff evaluated usage of existing chargers in City parking structures and lots to determine where the demand for additional chargers may be needed.
The following parking structures have been identified as priority locations for the project scope for this Participation Agreement. The existing chargers in these parking structures have higher usage and the parking structures have electrical capacity for additional charging infrastructure.
Location Address Number of Chargers/Ports
Brighton Way Parking Structure 9510 Brighton Way 8 Chargers/16 Ports Camden Drive Parking Structure 440 N. Camden Drive 8 Chargers/16 Ports As part of the conditions for this participation agreement, the City would be required to complete the project scope within three years from the agreement execution date.
Additionally, the chargers funded by this program would include signage indicating that the chargers were funded by Clean Power Alliance. Any additional publicity about the new EV chargers would name the Clean Power Alliance as a funding partner.
FISCAL IMPACT
The City is eligible to receive up to $250,000 to advance charging infrastructure. The Clean Power Alliance would reimburse the City for the expenses outlined in the agreement. The City will utilize this funding for the cost of charging equipment for the locations identified in the agreement. The City will use CIP 00355 Electric Vehicle Charging Infrastructure to pay for the equipment upfront. The CPA funding will replenish this fund. The City is responsible for the additional design and construction expenses related to these projects.
A future City Council agenda item will be presented for consideration for the purchase and construction of the EV charging stations.
Michael Hensley,
Interim Director of Public Works
Approved By
Attachment 1
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COMMUNITY ELECTRIC VEHICLE CHARGING PROGRAM
PARTICIPATION AGREEMENT
This Community Electric Vehicle (EV) Charging Program Participation Agreement (“Agreement”), made as of the last date signed below (the “Effective Date”), by and between the City of Beverly Hills (“Participant”), and Clean Power Alliance of Southern California, a Joint Powers Authority and Community Choice Aggregation program (“CPA”), referred to individually or collectively as “Party” or “Parties,” is to enroll Participant in the CPA Energized Communities Program for Community Electric Vehicle Charging, described in more detail below.
RECITALS
WHEREAS, CPA has launched the Energized Communities Program (“Energized Communities”) to assist CPA’s member agencies with the implementation of building and transportation electrification measures to reduce dependence on fossil fuels and reach sustainability and decarbonization goals by providing financial and technical support; WHEREAS, as part of the Energized Communities program offering, CPA desires to support publicly available electric vehicle (“EV”) charging efforts in its service territory through the CPA Energized Communities Program for Community Electric Vehicle Charging (“Program”), which seeks to help Participant increase EV charging infrastructure and reduce greenhouse gas emissions; WHEREAS, to implement the Program, CPA will endeavor to enter into a Professional Services Agreement with a Contractor to provide technical support for Participant as it engages in efforts to implement community EV charging measures;
WHEREAS, CPA intends to make the Contractor available to Participant and other CPA member agencies to support Participant as it engages in its own effort to implement Participant’s community EV charging measures;
WHEREAS, Participant may desire technical support from Contractor for community EV charging measures; and
WHEREAS, Participant may seek financial support provided by CPA to offset the cost of implementing community EV charging measures as agreed upon by the Parties.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the Parties as follows:
AGREEMENT
1. Term. This Agreement begins on the Effective Date and ends on June 30, 2029 (“Term”).
2. Termination. Any Party may terminate this Agreement for convenience and without liability to the other Party upon giving the other Party thirty (30) days prior written notice.
3. CPA Obligations. CPA agrees to perform the services and provide financial reimbursement to Participant, as detailed in Exhibit A, Community EV Charging – 2 B0785-0001\3191914v3.doc
Program Terms and Conditions, attached hereto.
4. Participant Obligations. Participant agrees to the obligations detailed in Exhibit A attached hereto.
5. NO LIABILITY; NO REPRESENTATION OR WARRANTY; INDEMNITY. a. CPA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND
TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO (1) SERVICES
PROVIDED BY CONTRACTOR TO PARTICIPANT AND (2) ANY
COMMUNITY EV CHARGING MEASURES IMPLEMENTED BY
PARTICIPANT.
b. INDEMNIFICATION. EACH PARTY SHALL INDEMNIFY AND HOLD
HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE OTHER
PARTY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,
MEMBERS, VOLUNTEERS, AGENTS, AND REPRESENTATIVES FROM
AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS,
EXPENSES, CLAIMS, AND/OR JUDGMENTS, INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS
THAT MAY DIRECTLY OR INDIRECTLY ARISE AND/OR RESULT FROM THE INDEMNIFYING PARTY’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. THIS INDEMNIFICATION SHALL BE ONLY IN
PROPORTION TO AND TO THE EXTENT THAT SUCH CLAIMS,
JUDGMENTS, CAUSES OF ACTION, DAMAGES, PENALTIES, COSTS, LIABILITIES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND
COSTS INCURRED IN THE DEFENSE OF ANY SUCH CLAIM OR ANY
ACTION OR PROCEEDING BROUGHT THEREON ARISE FROM THE
NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF INDEMNIFYING PARTY, AND ITS OFFICERS, EMPLOYEES, INVITEES, OR AGENTS.
NOTWITHSTANDING THE FOREGOING, CPA SHALL BE UNDER NO
OBLIGATION WHATSOEVER TO INDEMNIFY PARTICIPANT OR HOLD
PARTICIPANT HARMLESS, INCLUDING BUT NOT LIMITED TO
ATTORNEY’S FEES, COSTS, OR DISBURSEMENTS AS A RESULT OF PARTICIPANT’S CONSIDERATION, DEVELOPMENT, REVIEW,
DRAFTING, ADOPTION, AND/OR IMPLEMENTATION OF PARTICIPANT’S COMMUNITY EV CHARGING MEASURES.
c. LIMITATION OF LIABILITY. CPA SHALL NOT BE LIABLE TO
PARTICIPANT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, LOST 3 B0785-0001\3191914v3.doc
PROFIT, LOST OPPORTUNITY, OR EXEMPLARY DAMAGES FOR ANY
CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO PARTICIPANT’S
DEVELOPMENT, DRAFTING, REVIEW, ADOPTION, AND/OR
IMPLEMENTATION OF PARTICIPANT’S COMMUNITY EV CHARGING
MEASURES, ANY SERVICES PROVIDED BY CONTRACTOR, AND/OR ANY
OTHER CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO
THIS AGREEMENT WHETHER ARISING FROM BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR OTHERWISE.
6. Insurance.
a. The Parties agree to provide and maintain throughout the Term of this Agreement, at their own expense, a program of insurance, or self-insurance, covering the activities and operations of their respective officers, agents and employees, and contractors for the Term of this Agreement. This insurance shall include general liability insurance with coverage limits of $2,000,000 per occurrence and $2,000,000 aggregate (unless the aggregate is on a per-policy basis, in which case the aggregate shall be a minimum of $4,000,000). This insurance shall be endorsed to include the following: (i) CPA, its Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on Participant’s commercial general liability policy, and Participant’s Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on CPA’s commercial general liability policy; and (ii) a written notice to be mailed to the other Party 30 days prior to the effective date of a cancellation or non-renewal of such insurance.
b. Participant agrees to maintain throughout the Term of this Agreement, at their own expense, an automobile liability policy covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per occurrence for bodily injury and property damage.
c. The Parties agree to maintain throughout the Term of this Agreement, at their own expense, a workers’ compensation policy as required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
d. Upon request, either Party shall provide the other evidence of such coverage naming the other Party as an additional insured including an additional insured endorsement issued by the insurance company or program of self-insurance.
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e. CPA may waive or change any of the requirements in this Section 6, upon mutual agreement with the Participant.
f. Nothing herein waives or reduces a Party’s indemnification obligations pursuant to Section 5.
7. Publicity. Any marketing materials generated by Participant related to the performance of this Agreement should reference CPA’s contributions. Each Party shall make best efforts to display or utilize the words “Clean Power Alliance” and “City of Beverly Hills” in all marketing materials, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles (to the extent possible); provided, that CPA may omit “City of Beverly Hills” from CPA marketing materials when publicizing the Program generally and not specifically with respect to (a) this Agreement or (b) Participant’s participation in the Program. Any piece of publicity issued by Participant, including those mentioned above, must be reviewed and approved by CPA before issuing a press release. Participant agrees to provide CPA with reasonable time for review before such issuance.
Participant shall include CPA’s logo and a statement acknowledging CPA funding on any equipment and project signage. Statements shall be provided by CPA and placement of such statement shall be agreed to by both Parties. Where CPA and Participant logos are used on any signage or documentation arising from this partnership, the logos of each Party will be of equal size.
8. General Provisions.
a. Entire Agreement. This Agreement represents the full and complete understanding between the Parties as to the subject matter of this Agreement and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties related to the subject matter of this Agreement.
b. Amendment. Any amendment to or modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. c. Governing Law and Venue. This Agreement is governed by the laws of the State of California. Any lawsuit filed in relation to this Agreement must be filed with the Superior Court for the County of Los Angeles, State of California. d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this Agreement.
e. Independent Parties. Each Party shall perform its responsibilities and activities 5 B0785-0001\3191914v3.doc
described herein separately and not as an officer, agent, employee, or volunteer of the other Party hereto. Each Party shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties. f. Headings. The headings in this Agreement are for convenience only, are not a part of the Agreement, and in no way affect, limit, or amplify the terms or provisions of this Agreement.
g. Severability / Partial Invalidity. If any term or provision of this Agreement, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. h. Survival. All provisions which by their nature must continue after the Agreement expires or is terminated shall survive the Agreement and remain in full force and effect, including but not limited to the indemnification requirement in Section 5. i. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail:
To CPA:
Joanne O’Neill
Director, Customer Programs
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
[email protected]
With a copy, which shall not serve as notice as required or specified herein, to:
[email protected]
To Participant:
Amanda Grossman
Sustainability Program Administrator
City of Beverly Hills
345 Foothill Road, Beverly Hills, CA 90210
[email protected]
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j. Electronic Signatures. This Agreement may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this Agreement and shall have the same force and effect as a manually executed original.
k. Execution in Counterparts. This Agreement may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement on the latest date of execution set forth below.
CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________
RYAN GOHLICH
City Manager
Date:
CLEAN POWER ALLIANCE OF
SOUTHERN CALIFORNIA
______________________________
TED BARDACKE
Chief Executive Officer
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________ ____________________________
LAURENCE S. WIENER RYAN GOHLICH
City Attorney City Manager
[Signatures continue]
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____________________________
ROBERT WELCH
Utilities General Manager
____________________________
NAREK KATABYAN
Risk Manager
____________________________
ANTHONY RODSTEIN
Purchasing Services Manager
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Exhibit A
Community Electric Vehicle Charging - Program Terms and Conditions
1. CPA Obligations
a. CPA will make commercially reasonable efforts to ensure the availability of Contractor to provide the Technical Services (as defined below). CPA does not guarantee (a) that Contractor will be able to perform all duties that Participant staff would otherwise perform, or (b) that participation in the Program ensures implementation of electrification measures.
b. CPA will provide financial reimbursement to Participant in an amount (i) no greater than $250,000 (two hundred fifty thousand dollars) and (ii) to be specified in the Project Scope and Budget, as defined below.
c. CPA will monitor the Technical Services provided by Contractor.
2. Participant Obligations
a. Data, Point of Contact, and Access. Participant agrees to provide requested data and a dedicated point of contact to CPA and Contractor (if applicable) for coordination purposes throughout the Program. Participant agrees to coordinate visits to its facilities with CPA and Contractor, as needed, to collect information to prepare site designs and EV charging infrastructure installation plans. b. Scope and Budget. Participant shall commit to a project scope and budget (“Project Scope and Budget”) that plans to construct charging infrastructure, and/or install EV charging ports, within three years from the initial project launch meeting with CPA, substantially in the form of Exhibit B, Form of Project Scope and Budget, attached to this Agreement. Participant acknowledges and agrees that it shall not be eligible to receive Technical Services and/or Project Funding (as defined below) until CPA and Participant mutually agree upon the Project Scope and Budget. c. Technical Services. Within twelve (12) months of the Effective Date, Participant shall specify which, if any, technical assistance services (“Technical Services”) will be requested from the Contractor in the Project Scope and Budget. d. Project Funding. Participant shall specify expected use of funding for project implementation (“Project Funding”) and request such Project Funding as follows:
i. Reimbursement Request. Participant shall submit appropriate documentation to request reimbursement substantially in the form of Exhibit C, Form of Reimbursement Request, attached to this Agreement.
Participant shall include all receipts or other documentation necessary to 9 B0785-0001\3191914v3.doc
show proof of payment. Participant will provide any additional documentation requested by CPA.
ii. The following expenses are eligible for Project Funding from CPA:
1. EV charging equipment, including warranties, service contracts, and/or subscription fees.
2. Installation costs for EV infrastructure.
3. Charging management software and/or subscription fees.
4. Construction costs for charging infrastructure.
5. Additional expenses to be determined and approved by CPA in its sole discretion.
iii. Participant acknowledges and agrees that any costs that are not agreed upon under the Project Scope and Budget shall be borne by Participant. iv. Warranties and operations support for equipment and any energy management systems will be the responsibility of the Participant to arrange for with the specific vendors of those systems. v. Participant is allowed to combine Project Funding from CPA with funding from other organizations and sources, including, but not limited to, investor-owned utilities, Air Quality Management Districts, rebates, and state and federal grants. Participant shall inform CPA if grants and other funding related to the project scope are received. Participant agrees and acknowledges that in no event shall the combined funding from CPA and third parties exceed 100% of total project costs.
vi. Intellectual Property. Participant agrees and acknowledges that all tools, templates, and other resources generated by the Contractor during the implementation of the Program will be the intellectual property of CPA. e. CPA Customer. As of the Effective Date, Participant represents and warrants that Participant is a CPA public agency customer and acknowledges and agrees that Participant is required to continue to be a CPA public agency customer in order to be eligible to receive services and financial reimbursement under this Agreement.
Participant further acknowledges and agrees that any funding issued to targeted population to support EV charging is only issued to CPA customers. f. Notice to Proceed. Participant shall provide to CPA a written notice to proceed (“Notice to Proceed”) to commence charging infrastructure plans and site design services prior to Contractor commencing work on the Technical Services. The Notice to Proceed shall indicate that the Participant intends to move forward with constructing charging infrastructure.
g. Facilities Information, and Energy Data. Participant agrees to share information with CPA and Contractor regarding facilities information including as-builts or architectural designs, panel schedules, single-line diagrams, as available, and historical energy data for facilities that may install charging. 10 B0785-0001\3191914v3.doc
h. Ongoing Data. Participant agrees to provide CPA access to EV charging data, including uptime and usage data, through the charging operator’s online portal, or other system to be determined, and share EV charging data with CPA during the Term of this Agreement.
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Exhibit B
Project Scope and Budget
[The City Manager or his designee will establish a project scope, schedule and budget in writing.]
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Exhibit C
Form of Reimbursement Request
Participant will submit a W-9, and any invoices, receipts, or other appropriate documentation to show paid expenditure of funds, along with this reimbursement request, as specified in the Project Scope and Budget. A reimbursement request with the information noted in the table below will be submitted to CPA for approval. CPA will notify the Participant of approval and forthcoming repayment.
Participant Information For CPA use only
Item Pre-Approved
Reimbursement
Amount
Final Cost Title of Attached
Receipts
Approved? Notes
Grand Total
Remaining Funds
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