AGENDA
ITEM
18 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
18 CITY COUNCIL
AGENDA STAFF REPORT
DATE: November 1, 2023
Mayor and City Council
REVIEWED BY: Sandra L. Fonseca, Interim Finance Director 4 PREPARED BY: Lilliana Falmir, Public Works Manager- Administrative Tele Authorize City Manager to Sign Electric Vehicle Charging Station Site Agreement between the City of Calexico and Comite Civico del Valle, Inc. for the Installation of Electric Vehicle Charging Station at 411 5'h Street, Calexico, California.
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Recommendation:
Authorize City Manager to Sign Electric Vehicle Charging Station Site Agreement between the City of Calexico and Comite Civico del Valle, Inc. for the Installation of Electric Vehicle Charging Station at 411 5th Street, Calexico, California,
Background:
Since February 2023, the City of Calexico was approached by Comite Civico del Valle, Inc. to install electric vehicle (EV) charging stations in the City of Calexico. A list of proposed locations was provided to Comite Civico Del Valle and after careful review both parties have agreed that the best location for the installation of the EV charging stations would be on corner of Fifth Street and Mary Avenue due to the following:
• Proximity to public facilities (City Hall, Fire Station No. 1, Police Station, Rockwood Plaza Park, etc.).
• Proximity to San Diego State University - Imperial Valley Campus. • Commercial and residential areas.
On March 1, 2023, the City Council of the City of Calexico approved the following:
• Authorize the Designation of Four (4) Parking Spaces at the corner of Fifth Street and Mary Avenue for the installation of Electric Vehicle Charging Stations. • Adopt Budget Amendment Resolution for Fund No. 255 - American Rescue Plan Act (ARPA) in the amount of $38,000.00.
Discussion and Analysis:
The City of Calexico will provide the space for the charging stations and their associated equipment at 411 5th Street. Comite Civico del Valle, Inc. will provide the construction and fund lID's installation of power, through a separate connection, to the charging stations. Comite Civico del Valle, Inc. will comply with all City requirements for encroachment and other permits, as well as those of IID. After the construction, the City will maintain the property and Comite Civico del Valle, Inc. will maintain the charging stations and pay for the power to them.
Fiscal Impact:
No fiscal impact at this time.
Coordinated With:
City Manager's Office.
City Attorney's Office.
Public Works Department.
Office of the City Clerk.
Attachments):
1. Electric Vehicle Charging Station Site Agreement between the City of Calexico and Comite Civico del Valle, Inc.
Agenda Staff Report dated March 1, 2023.
2 ATTACHMENT NO. 1
ELECTRIC VEHICLE CHARGING STATION SITE AGREEMENT
This ELECTRIC VEHICLE CHARGING STATION SITE AGREEMENT (this "Agreement"), dated as of November 1, 2023 (the "Effective Date"), is made by and between Comite Civico del alle, Inc. ("CCV"), a California nonprofit public benefit corporation, and the City of Calexico 'alifornia ("Host" or "City"). Each of CCV and Host is a "Party.» and together they are th "Parties" to this Agreement.
BACKGROUND
transportation devices.
Both Parties have an interest in the general public utilizing electric vehicles and therefore contemplate an agreement to acquire and construct improvements anc thereafter maintain and provide access to EV Charging Stations to be installed or real property owned by Host for general access and use by the public.
C. This Agreement sets forth the Parties' general intention and cooperative agreement with respect to the construction and use and access to the Host's real property where such EV Charging Stations will be installed.
The provisions of this Agreement are in addition to and do not supersede the Host's planning requirements for the EV Charging Stations, the CC&R's for the location, or the requirements of Imperial Irrigation District ("IID") for providing power.
AGREEMENT
In consideration of mutual benefits and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
GENERAL TERMS;
1.1. Host Site. The Host is the Owner of certain real property, more specifically described in Exhibit A ("Legal Description"), attached hereto and made a part hereof (the "Host Site"). Host shall grant CCV access to the Host Site as needed for the Project, as those terms are defined below and in Section 3.5.4.
1.2. Grant of License to use Host Site. Host, for good and valuable consideration, the sufficiency of which is acknowledged, will grant to CCV any necessary licenses (the "Licenses") to use and access a certain portion of Host Site specifically identified in Exhibit B (the "Licensed Space") located at 411 S" Street for the purposes described hereunder. This License does not grant any interest in or estate in land. Exhibit B 81211.00100\41757461.2
entitled "Site Plan" is attached hereto and incorporated herewith.
1.2.1. CCV shall use the Licensed Space and any Necessary Space, as defined below in compliance with all applicable CaR's, if any, as well as with all requirements of the Host and Imperial Irrigation District ("IID") for construction and operation of the Project.
1.2.2. In addition to the Licensed Space, CCV may use those portions of the Host Site defined as Necessary Space for access, ingress, and egress, the installation, operation, maintenance and use of the EV Charging Stations.
1.3 Project: The Project consists of the siting, construction, maintenance and operation of four (4) electric vehicle charging stations on the Licensed Space. The City is providing temporary access to the Host Site and the Licensed Space for the term of this Agreement, but is not providing any electrical connection or electrical power of any kind. The Project will require not only this Agreement but City approval with conditions and various permits. The electrical connection will be directly to and approved by IID and the costs of electricity paid by CCV directly to IID.
1.4 Host Obligations. Subject to limitations contained herein, Host agrees to make the EV Charging Stations and Host Site, to the extent reasonably necessary to access and maintain the EV Charging Stations, available to CCV and any other identified third party vendor to CCV related to the operation and/or maintenance of the EV Charging Stations ("Necessary Space").
1.4.1 Host agrees to make a good faith effort to obtain any necessary approvals to implement any changes needed to Host Site to enable the installation and operation of the EV Charging Stations.
2 TERM and TERMINATION
2.1 Term of Use of Host Space. The term of this Agreement shall commence on the Effective Date and, subject to the provisions of Section 2.2 below, end on the date that is ten (10) years from the date in which the EV Charging Stations are fully operational and accessible by the public (the "Commencement Date") (collectively, the "License Term"). The Parties shall endeavor to reasonably cooperate to the extent necessary to achieve a Commencement Date of no later than
2.2 Termination.
2.2.1 Without cause. This Agreement may be terminated without cause upon mutual agreement by the Parties.
2.2.2 For Cause. This Agreement may be terminated for cause by either party in the event of the following circumstances: (a) The other party breaches or fails to 81211.00100\41757461.2 2
perform any of its obligations in any material respect, and such breach or failure continues uncured for fifteen (15) business days after receipt of written notice; (b) the other party become insolvent or proceedings are instituted by or against it under any provisions of any federal or state bankruptcy or insolvency laws; (c) the other party attempts to assign of otherwise transfer its rights, obligations, or duties under this Agreement in a manner prohibited by this Agreement.
2.3 EV Charging Stations upon Termination. Within a reasonable time following the expiration of the License Termor termination under Section 2.2, unless otherwise agreed with the City, CCV shall remove the EV Charging Stations and any other supporting or ancillary equipment installed by CCV from the Host Site and will ensure that any underground electrical wiring shall be capped off and secured, but not removed. For the avoidance of doubt, CCV will not remove any equipment stalled by IID, which may include but may not be limited to transformer:
unction boxes, primary cable and conduit and electric meters and panel 3 EV CHARGING STATIONS
3.1 EV Charging Stations; Ancillary Facilities and Necessary and Licensed Space.
3.1.1 prior written consent from the Host, which shall not be unreasonably withheld.
3.1.2 In addition to the EV Charging Station installation, CCV shall be permitted the right to enter in or on the Necessary Space for trenching in the Parking area of the Host Site, and to install or to have IID or its contactor install all electrical equipment, hardware, and software required for the EV Charging Stations and all necessary signage and all supporting equipment and structures, including without limitation concrete pads and protective bollards, all of which shall be shown on Exhibit B as well. The necessary equipment will be self-contained inside the EV Charging Stations themselves, aside from the utility equipment and power box that will be installed in the Necessary Space to supply the power. This utility equipment will be owned and maintained by the Imperial Irrigation
3.1.3 Restoration of Site. CCV shall restore all existing landscape, irrigation and flatwork on the Host Site altered by CCV's installation of the EV Charging 81211.00100\41757461.2 3
Stations to its condition at the commencement of the construction as approved by the City, which approval shall not be unreasonably withheld.
3.1.4 Permits. Prior to construction, the Project will require approval of City permits including but not limited to an encroachment permit, electrical and building permits prior to construction.
3.1.4.1 Electrical metering panel and nonpublic accessible charging nirastructure final locations shall be coordinated with Cit Engineer and Building Official as part of building permit review t verify pedestrian paths of travel and maintain clean aesthetics at the City facility in accordance with general practices.
3.2 Access. Pursuant to Section 3.5.4, CCV, its subcontractors and vendors shall have access to the EV Charging Stations, Licensed Space and Necessary Space twenty-four (24) hours per day, seven (7) days per week, and 365 days per year.
CCV, including its employees and vendors, may, at any time during the Term, access the Host Site, Licensed Space and Necessary Space to maintain, inspect, repair, or replace any portion of the EV Charging Stations.
3.3 Customers at all times shall have access to the EV Charging Stations.
3.4 Signage. Host agrees to place signage on or around the EV Charging Stations, lesignating the area as "Electric Vehicle Charging Only," and will take reasonabl measures to discourage non-EV vehicles from parking in the EV Chargin Stations, including, without limitation, towing.
3.5 Installation.
Host, at its sole cost, is solely responsible for supervising or conducting the construction and installation of any modifications needed to the Host Site to facilitate the installation of the EV Charging Stations. CCV will be responsible for paying for and coordinating the installation of the EV Charging Stations once these modifications are complete.
3.5.2 Prior to the commencement of the EV Charging Stations installation, CCV shall give a copy of the tentative construction schedule and installatior plans to Host for review and approval. No work will begin until all applicable permits and certifications have been obtained.
3.5.3 Host will coordinate with CCV in the effort to obtain from applicable governmental authorities all licenses, permits, or other approvals required to install the EV Charging Stations.
3.5.4 Host grants to CCV and its employees and vendors the non-exclusive right to use and occupy the Host Site, to the extent necessary, and the Licensed 81211.00100\41757461.2
Space and Necessary Space for the construction and installation of the EV Charging Stations. CCV shall confine any operations strictly to those sites s, and the terms of thi
directly in the construction and installation of the EV Charging Stations shall be brought to and stored on the Host Site during construction.
3.5.5 Ownership of Charging Stations. Host will have no ownership interest in the EV Charging Stations. Upon termination of this Agreement, CCV shall have the right to remove the EV Charging Stations, whether or not said items are considered fixtures and attachments to the Licensed Space under applicable laws as set out above in 2.3.
3.5.6 Construction Obligations: CCV shall be responsible for all maintenance and safety at the Licensed Space during installation of the EV Charging Stations and shall include such requirements in construction agreements with any vendors or contractors engaged by CCV in connection with the installation.
3.6 Operation and Maintenance. Except as otherwise provided in this Agreement, CCV will, at its sole cost and expense, maintain and operate the EV Charging Stations, including providing and paying for power, making or arranging for all necessary repairs, arranging for appropriate remote monitoring, and obtaining and installing appropriate software and hardware upgrades. CCV shall, other than expressly stated herein, be the sole beneficiary of all revenues, if any, associated with the foregoing. CCV shall be responsible for the removal of any graffiti or other results of vandalism on the EV Charging Stations.
3.7 Host Obligations. Host shall, at its sole cost and expense, take all actions necessary to maintain the Licensed Space in a clean, safe, and orderly condition, to at least the same standard as it customarily maintains the common areas at the Host Site, including, without limitation, parking lot maintenance, repair and sweeping, and maintenance of landscaping features within the Licensed Space. In addition, Host shall take reasonable precautions to protect the EV Charging Stations from graffiti and other vandalism but shall not in any way be responsible for the removal of graffiti or repair of the EV Charging Stations. Host shall make commercially reasonable efforts to accommodate any reasonable request by CCV in connection with the operation of the EV Charging Stations upon mutual agreement.
3.8 Utility Availability.
3.8.1 CCV shall be responsible for all electricity costs of the EV Charging Stations.
3.8.2 Host shall cooperate with CCV to obtain electricity and any other utilities necessary to operate the EV Charging Stations, including by granting 81211.00100\41757461.2 5
appropriate easements to local utility providers.
3.8.3 Neither Host nor CCV has any responsibility of liability for the interruption, curtailment, failure, or defect in the supply or character of utilities furnished to facilities or equipment located in the Licensed Space unless the cause of the interruption is covered by the Party's indemnity
3.9 Taxes. CCV is aware of the provisions of Revenue & Taxation Code Section 107.6 and understands it is solely responsible for personal property taxes that may be imposed on the EV Charging Stations, and any other equipment installed as an incident of such installation, that are located within the Licensed Space. 4 INTELLECTUAL PROPERTY; PUBLICITY
4.1 Intellectual Property. As used in this Agreement, "Intellectual Property" means all copyrights, patents, trademarks and service marks, names, logos, designs, domain names, generic Top-Level Domain names, all registrations for copyrights, patents, trademarks and service marks/names, domain names, generic Top- Level Domain names, trade secrets, know-how, and all unique concepts, information, data and knowledge that are eligible for legal protection under applicable laws as intellectual property, whether protected through confidentiality, registration or pending registration, regardless of form, whether disclosed in writing, electronically, orally or through visual means, whether learned or obtained orally, through observation, through the discharge of responsibilities under this Agreement, or through analysis of that information, data or knowledge.
4.1.1 Host Intellectual Property. The Parties agree that, as between them, Host has and retains ownership of all of Host's Intellectual Property, and CCV has no right, and shall not obtain any right, in any Host Intellectual Property.
4.1.2 CCV Intellectual Property. The Parties agree that, as between them, CCV has and retains ownership of all of CCV's Intellectual Property, and Host has no right, and shall not obtain any right, in any CCV Intellectual Property.
4.2 Ownership of Drawings and Other Documents. All documents prepared by or under the direction of CCV pursuant to this Agreement, including, without limitation, drawings, surveys, technical drawings, specifications, and other documents, including those in electronic format, are solely and exclusively CCV's Intellectual Property, and CCV retains all common law, statutory and other reserved rights, including the copyright.
4.3 Publicity.
81211.00100\41757461.2 6
CCV and Host may make general press releases and statements, hold press onferences, both through traditional and electronic media, includin vebsites created by CCV, Host, or other third parties, regarding th execution of this Agreement and the status of the activities contemplated herein.
Yost thay divise thing to tsevites thinks resent vehicle the manufacturers of vehick
navigation systems, map data providers, and other third parties of the existence, location, and other details of the EV Charging Stations at the Licensed Space so that such services and manufacturers may include sucl information in connection with their mapping and listing services and navigation systems; and CCV or Host may disclose to the public information about the location of the EV Charging Stations and the progress of its construction as required by governmental authorities. In addition, the Parties may provide copies of this Agreement or portions hereof to utility providers, governmental authorities, and/or third parties referenced in Section 5.2.1 as reasonably necessary or desirable to facilitate or effectuate the intents and purposes of this Agreement. 5 REPRESENTATIONS AND WARRANTIES; COVENANTS
5.1 Representations and Warranties. Each of Host and CCV hereby represents and warrants to the other as of the Effective Date that: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of this Agreement have been duly authorized by all necessary action and do not violate any of the terms or conditions of its governing documents, any contract to which it is a party, or any law, rule, regulation, order, judgment, or other legal or regulatory determination applicable to it; (c) there is no pending or, to its knowledge, threatened litigation or administrative proceeding that may materially adversely affect its ability to 6 INSURANCE; CASUALTY AND CONDEMNATION
81211.00100\41757461.2 7
6.1 CCV Insurance.
6.1.1 During the License Term, CCV shall maintain in full force and effect, at its cost and expense, the following coverages and amounts of insurance satisfactory to City and City's joint powers insurance authority:
Full replacement cost Property Insurance (written on a "special perils" basis for the EV Charging Stations and all other personal property, machinery, equipment and trade fixtures owned by CCV;
6.1.3 Statutory Worker's Compensation Insurance, and Employer's Liability limits of $1,000,000.00 per accident/per employee;
6.1.4 Commercial General Liability Insurance, written on an occurrence basis, covering bodily injury (including death, personal injury, and property damage, with limits of not less than $1,000,000.00 per occurrence, which includes coverage for contractual liability, independent contractors, premises/operations, products/completed operations, and cross liabilities/separation of insureds; CCV shall consider its own insurance primary, and shall not seek contribution from similar insurance being maintained by the Host.
6.1.5 Automobile Liability with a combined single limit of $1,000,000.00 that includes coverage for owned, non-owned, and hired vehicles; and
6.1.6 $5,000,000.00 in excess liability coverage per occurrence, for injuries, losses, claims for damages to persons or property occurring on the Licensed Space and resulting from the use of the EV Charging Stations, he occupancy of the Licensed Space and/or the negligence of CCV and it agents, contractors, employees or invitees, which coverage shall sit exces. of the scheduled underlying General Liability, and Automobile Liability and Employer's Liability Insurance policies with exclusions that are no broader than those contained in the underlying policies.
With respect to CV's Commercial General Liability Insurance, Automobile Liability Insurance, and Excess Liability Insurance, include Host as an additional insured with respect to liability arising out of the ownership, maintenance or use of the EV Charging Stations of the Licensed Space.
6.1.8 Annually, on the anniversary of the Commencement Date, CCV shall provide Host with a certificate of insurance and endorsement, evidencing the required coverages.
6.1.9 CCV agrees to ensure that its subcontractors, and any other party who is 81211.00100\41757461.2 8
brought onto or involved in the Project, provide the same minimum insurance coverage and endorsements required of CCV. CCV agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event CCV's subcontractors) cannot comply with this requirement, CCV shall be required to ensure that its subcontractors) provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor's scope of work and services, as approved by Host prior to subcontractor doing any work whatsoever related to the Project. This provision does not relieve CCV of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide CCV with the ability to utilize subcontractors who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of CCV under this agreement.
6.1.10 Before installation of the EV Charging Stations and any ancillary facilities or any work at the Host Site in preparation for installing the EV Charging Stations or ancillary facilities, and from time to time upon request, CCV shall provide Host with a certificate of insurance, evidencing the required coverages.
6.1.11 The Insurance Polices required by this Section shall provide that the insurance not be canceled or nonrenewed, or coverage materially reduced in a manner that may adversely affect Host, unless thirty (30) days' (or ten (10) days' in the event of non-payment of premium) advance written notice is given to City; and contain provisions whereby each party's insurers waive all rights of subrogation against Host as to each of the coverages required herein.
6.2 Casualty and Condemnation.
6.2.1 If the Licensed Space, any portion of the EV Charging Stations or any portion of the Host Property is damaged by fire or other casualty, then either party may, within thirty (30) days of the date of such fire or other casualty elect to terminate the License on written notice to the other party. If CCV elects to repair its property, it shall restore, rebuild, or replace those portions of the EV Charging Station in the Licensed Space and any other property damaged as a result of such fire or other casualty to its prior or better condition as necessary, provided that City repairs and restores or makes available proceeds to repair and restore the Licensed Space itself to its prior condition. If CCV elects to terminate the license, it shall remove all of CV's property from the Licensed Space in accordance with this Agreement. Any repair and restoration required by CCV under this Section shall commence within sixty (60) days of the date CCV elects to repair and restore the Licensed Space and shall be completed no later than 120 days thereafter:
6.2. 1If any portion of the Licensed Spaces or Host Site is condemned or taken in any manner 81211.00100\41757461.2 9
for a public or quasi-public use that could adversely affect the use of the Charging Stations, then CCV may elect to terminate this Agreement effective as of the date title to the condemned portion of the Host Site is transferred to the condemning authority. If CCV does not elect to terminate, the parties will use commercially reasonable efforts to find an alternate location for the Charging Station elsewhere on Host Site. The costs of the relocation of the Charging Station shall be paid by CCV. CCV may file a separate claim to the condemning authority for any relocation award made as a result of such condemnation; provided, however, in no event shall such claim reduce the City's award related to the condemnation or taking. 7 INDEMNITY; LIMITATION OF LIABILITY
CCV shall indemnify, defend, and hold harmless Host, its elected and appointed officials, employees, volunteers and agents (individually, "Host Party" and, collectively, the "Host Parties") to the fullest extent permitted by law from and against all claims, demands, causes of action, liabilities, costs, damages, losses, penalties, fines, judgments or expenses, including reasonable attorneys' fees and costs of collection (collectively, "Losses") regardless of whether such Losses are direct, indirect, consequential, punitive or exemplary, that arise out of or result from (1) any breach by CCV of its obligations, representations, or warranties under this Agreement, including any failure ot meet industry standards or guidelines, or (ii) the willful misconduct, negligence, or intentional harm of CCV or its employees, contractors, or affiliates, regardless of whether such conduct ocucers during or outside the scope of this Agreement. The obligations of CCV under this Section shall survive the expiration, cancellation, or termination of this Agreement and License Term.
8 MISCELLANEOUS
8.1 Survival of Covenants. The covenants, representations and agreements of applicable sections shall survive the expiration, termination or cancellation of this Agreement.
which consent shall not unreasonably be withheld, and notwithstanding anythin o the contrary herein, CCV may assign its rights and obligations in and under thi Agreement to any third-party transferee of all or substantially all of CCV's interes n the EV Chargine Stations
8.3 Independent Entities. The Parties shall act as and remain independent entities in 81211.00100\41757461.2 10
the performance of this Agreement. Nothing in the Agreement shall be deemed or construed to create a joint venture, partnership, fiduciary, or agency relationship between the parties for any purpose, and the employees of one Party shall not be deemed to be the employees of the other Party. Except as otherwise stated in this Agreement, neither Party has any right to act on behalf of the other, nor represents
8.4 Governing Law. This Agreement shall be governed by and interpreted in iccordance with the internal laws of the State of California without giving effec o conflict of law rules. The parties further agree that all actions brought under thi Agreement shall be brought in the courts located in Imperial County.
8.5 Further Assurances. Each Party agrees to execute (and acknowledge, if requested) and deliver additional documents and instruments and to perform additional acts as may be reasonably necessary or appropriate to effectuate, carry out, and perform all of the terms, provisions and conditions of this Agreement.
8.6 Force Majeure. Neither Party is responsible for any delay or failure in the performance of any part of the Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, act or omission of carriers, suppliers or other similar causes beyond the party's control. This Agreement may be terminated without penalty by the party whose performance has not been affected if non-performance continues for more than sixty (60) days.
8.7 No Waiver. The failure of a Party to insist on strict performance of any provision of the Agreement does not constitute a waiver of, or estoppel against asserting, the right to require performance in the future. A waiver or estoppel given in any one instance does not constitute a waiver or estoppel with respect to a later obligation
8.8 No Third Party Beneficiaries. This Agreement does not confer any rights or remedies on any person other than the Parties and their respective successors and permitted assigns.
8.9 Remedies. The rights and remedies provided by this Agreement are cumulative, and the use of any right or remedy by any Party does not preclude or waive its right to use any of all other remedies. These rights and remedies are given ir addition to any other rights a Party may have under applicable law, in equity or otherwise.
8.10 Integration; Amendments. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the Parties, and that there are no verbal or oral agreements, promises or understandings between the parties. Any amendment, modification, or other change to this Agreement shall be ineffective unless made in a writing signed by the parties hereto. 81211.00100\41757461.2 11
Severability. If any term of this Agreement is held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any political body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entire Agreement. Instead, this Agreement shall be construed as reformed to the extent necessary to render valid the particular provision or provisions held to be invalid, consistent with the original intent of that provision and the rights and obligations of the Parties shall be construed and enforced accordingly, and this Agreement shall remain in full force and effect as reformed.
8.12 Counterpart Execution. This Agreement may be executed in any number of counterparts with the same effect as if all the Parties had signed the same document; all counterparts shall be construed together and shall constitute one and the same instrument. The delivery of an executed counterpart to this Agreement by electronic means (including via email) shall be as effective as the delivery of a manually executed counterpart.
8.13 Construction. The headings in this Agreement are inserted for convenience and identification only. When the context requires, the number of all words shall include the singular and the plural. In this Agreement, words importing any gender include the other genders and the words including, includes and include shall be deemed to be followed by the words without limitation. All documents or items attached to, or referred to in, this Agreement are incorporated into this Agreement as fully as if stated within the body of this Agreement. The Agreement expresses the mutual intent of the Parties to this Agreement and the rule of construction against the drafting Party has no application to this Agreement.
8.14 Attorneys' Fees. If either party institutes a suit against the other for violation of or to enforce any covenant, term or condition of this Agreement, the prevailing party shall be entitled to reimbursement of all of its costs and expenses, including, without limitation, reasonable attorneys' fees.
Entire Agreement. . This Agreement constitutes the whole agreement between the Host and CCV, and neither party has made any representations to the other except As express, ontained her any statement or in mation not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the Host and the CCV Signature Page Follows:
81211.00100\41757461.2 12
HOST:
City of Calexico, Municipal Corporation
By:_
Esperanza Colio Warren, City Manager
CCV:
COMITE CIVICO DEL VALLE, INC.
a California nonprofit public benefit corporation
By:
Name:_
Title:_
81211.00100\41757461.2 13
EXHIBIT A
LEGAL DESCRIPTION
81211 00100141757461.2 14
EXHIBIT B
SITE PLAN
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ATTACHMENT NO. 2
AGENDA STAFF REPORT
CALEXICO
DATE: March 1, 2023
TO: Mayor and City Council
APPROVED BY:
REVIEWED BY: Sandra L. Fonseca, City Manager
PREPARED BY: Liana Falomit, Pul Works Manager - Administrated yelem SUBJECT: Electric Vehicle Charging Stations:
a) Authorize the Designation of Four (4) Parking Spaces al the Corner of Fifth Street and Mary Avenue for the
Installation of Electric Vehicle Charging Stations.
b) Adopt Budget Amendment Resolution for Fund No. 255 - American Rescue Plan Act (ARPA) in the Amount of
$38,000.00.
============== CARASE
Recommendation:
It is recommended that the City Council of the City of Calexico approve the following:
a) Authorize the Designation of Four (4) Parking Spaces at the corner of Fifth Street and Mary Avenue for the installation of Electric Vehicle Charging Stations. b) Adopt Budget Amendment Resolution for Fund No. 255 - American Rescue Plan Act (ARPA) in the amount of $38,000.00.
Background:
The City of Calexico was approached by Comite Civico Del Valle to install electric vehicle (EV) charging stations in the City of Calexico. A list of proposed locations was provided to Comite Civico Del Valle and after careful review both parties have agreed that the best location for the installation of the EV charging stations would be on corner of Fifth Street and Mary Avenue due to the following:
• Proximity to public facilities (City Hall, Fire Station No. 1, Police Station, Rockwood Plaza Park, etc.). AGENDA
• Proximity to San Diego State University - Imperial Valley Campus. ITEM • Commercial and residential areas.
7 Discussion & Analysis:
Comite Civico Del Valle is currently working on submitting a grant application through the California Energy Commission, Center for Sustainable Energy (CSE), California Electric Vehicle Infrastructure Project's (CALeVIP) to fund the purchase and installation of two (2) EV charging stations that will accommodate four (4) vehicles. The goal of CALeVIP is to quickly and efficiently deploy incentives for the installation of electric vehicle chargers within California to help meet the State's zero-emission vehicle goals.
Before the application is submitted, City staff and Comite Civico Del Valle are recommending that the City Council of the City of Calexico review the attached draft site plan (Attachment No. 1) and authorize the designation of four (4) parking spaces on the corner of Fifth Street and Mary Avenue for the installation of EV charging stations. If this item is approved, Comite Civico Del Valle will proceed with submitting the grant application. In the meantime, City staff will work with Comite Civico Del Valle to create an Electric Vehicle Charging Station Agreement. Please note that the agreement will be brought before City Council for review and consideration on a later date.
In addition, City staff is also recommending that the City Council allocate $38,000.00 from Fund No. 255-American Rescue Plan Act (ARPA) to upgrade the City's current electrical system that will accommodate the installation of two (2) electric vehicle charging stations.
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2022-2023 ARPA Fund No. 255-91-908-56000-003 $38,000.00
Total $38,000.00
Coordinated With:
City Manager's Office.
Planning and Building Department.
Public Works Department.
Comite Civico Del Valle.
Attachments):
1. Draft Site Plan.
2. Adopt Budget Amendment Resolution for Fund No. 255 - American Rescue Plan Act (ARPA) in the amount of $38,000.00
IID Estimated Cost for Upgrade of Electrical Services.
ATTACHMENT NO. 1
GENERAL NOTES
1. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND SITE CONDIONS PRIOR TO STARTING WORK. THE DESIGNER SHALL BE NOTIFIED OF ANY DISCREPANCIES.
AMENDMENTS.)
al Healthcare District
3. ELECTRICAL WORK TO COMPLY WITH THE NATIONAL ELECTRIC CODE.
5. HOLD THE WORK SECURE A PICE AND TO SPEL AS THAT TRY
OCCUR DURING CONSTRUCTION.
:A.
%. PLY OR STATE ORDINCE ANY SECTION OF APPUCABLE BUDING CODE OR
7. FQUNDATION SOILS TO BE TREATED FOR ANTS. ROACHES ANO TERMITES AND 5 YEAR CERTIFICATE PROVIDED.
SODES WORK SHALL BE DONE IN ACCORDANCE WITH THE FOLLOWING
ONY MEN
2019 CALFORNIA PLUMBING CODE (CPC) BASED UPON THE 2018
• 2019 CALIFORNIA ELECTRICAL CODE (CEC) BASED UPON THE 2017 SITE PLAN xica City Hall
•TERNAL ARE CODE (CFC BASED ON THE 2018
• 2019 CALIFORNIA ENERCY EFFICIENCY STANDARDS (ENERGY CODE) 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE (CBSC)
AMERICAN CONCRETE INSTITUTE (ACI 318-99)
OWNER:
.......
ADDRESS: ia new & Financial Sers CA.
ENTERED ELSE AVE APt: 03B-145-001
E 5th St 4 MARY AVE GALEXICO EV CHARGING STATION
058-445-001
TEE DE CONST:
_BUILDING USE:
PARK
PROPOSED
EV CHARGING STATION
SITE PLAN
135 к3
MAN 39
APt: 058-115-001
EV CHARGING STATION
LARGE SITE PLAN
ARY AVE M
112.
EXISTING RAMP
BY TOWER EXISTING
LECTR
E 5TH ST
XISTING LANDSCAPE: ENLARGED SITE PLAN
PH. 05D-115-001
EV CHARGING STATION
EV MACHINE MANIN ALEXICO CA
5th St 4 MARY AVI DRAWN ST
EVISICHS
enel x enelx
enel x enel x
enel x enel x
111
enel x enel enel x
enel x enel x enel x
JuicePump 100 TALLATON AND WEEKS MANUAL
ATTACHMENT NO. 2
BUDGET AMENDMENT RESOLUTION NO. 2023-_
BUDGET AMENDMENT RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CALEXICO AUTHORIZING AN AMENDMENT
TO THE FINAL BUDGET FOR FISCAL YEAR 2022-2023
WHEREAS, the Final Budget for Fiscal Year 2022-2023 was adopted by Resolution No. 2022-48 of the City Council on August 10, 2022; and
WHEREAS the City Council has authorized the amendment of the Final Budget, in accordance with proper governmental accounting and financial reporting practices; and NOW THEREFORE, the City Council of the City of Calexico hereby resolves and authorizes the following action(s)
AMENDMENTS TO ADOPTED BUDGET:
1) Record Revenue Estimates(s)
Fund No. Department Division Account Sub-Account Amount Total $ -
2) Record Appropriation(s)
Fund No.Department Division Account Sub-Account Amount
Total $
3) Record Transfer of Funds:
FROM:
Fund No. Department Division Account Sub-Account | Amount 255 908 55025 000 $ 38,000,00
[Total $ 38,000.00
TO:
Fund No. Department Division Account Sub-Account Amount 255 908 56000 003 $ 38,000,00
Total $ 38,000.00
5)Purpose of Budget Amendment:
Electrical Services for the installation of Electric Vehicle Charging Stations on the corner of Filth Street and Mary Avenue PASSED, APPROVED AND ADOPTED by the City Council of the City of Calexico at the regular meeting this 1st day of March, 2023.
JAVIER MORENO, Mayor
ATTEST:
GABRIELA GARCIA, City Clerk
APPROVED AS TO FORMS;
CARLOS CAMPOS, City Attorney
STATE OF CALIFORNIA )
CITY OF CALEXICO ) SS.
COUNTY OF IMPERIAL)
I, Gabriela Garcia, Deputy City Clerk of the City of Calexico, do hereby certify under the penalty of perjury, that the foregoing Resolution No, 2023-—, was duly adopted by the City Council at their regular meeting of said City Council held on the ist day of March, 2023 by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
GABRIELA GARCIA, City Clerk
City of Calexico
ATTACHMENT NO. 3
Lilliana Falomir
From: Lopez, Joel F <[email protected]>
Sent: Thursday, February 9, 2023 8:27 AM
To: Lilliana Falomir
Subject: RE: EV Charging Stations
Lilly, please see the for the configuration for the EV on the below: only a estimate very site could be different.
1. Over head service estimate at $12k
2. Underground service estimate $26k
Joel
Category 2-G8 CT
Install Primary Riser, Pad Transformer, Run Service and Set Meter 277/480V 3Ph 200-400 A Characteristic Work Center PInt Operaton Desoription Work Un. No Duration Un. 302220/302320 T&DILAQ ¡UG Construotion & Service 70.0 H 5 1.6 Day TBD AUTO Vehlole time 56.0 H
CAT 2-G
302336/302337 T&DILAO Set meter 6.5 H 0.72 Day
BUCKTROU AUTO Vehiole time 6.5 H
302230/302330 T&DILAG Energize 0.5 H 0.06 Day
BUCKTROU AUTO Vehlole time 0.5 H
303225/303325 T&DILAQ UGInspeotion Final 13.0 H 1.44 Day PU112T AUTO Vehlole time 13.0
303220/303320 T&DILAQ Engineering fees 6.0 0.67 Daj
Primary Cable UG H3 T&DILAQ
Primary Riser 3p T&DILAO
Fuse CHH3. T&DILAQ
Transformer UG 3ph TEDILAQ
Secondary UG Wire 3ph T&DILAG
688 and 690 CT T&DILAQ 1
1 Category 1-AB CT
Install Transformers, Run OH Service and Set Meter 277/480V 3Ph 400 Amp 3 TUB Characteristic Work Center / Material PInt Operaton Description Work Un. NoturatiorL 302220/302320 T&D/LAQOH construction & Se 36.0 H 4 1.0 C TBD AUTO Vehicle time 27.0 H
CAT 1-A
302336/302337 iT&D/LAQ Set meter 6.5 H 1 0.72 E
BUCKTROU AUTO Vehicle time 6.5 H 1
302230/302330 T& D/LAQ Energize 0.5 H 1 0.06 г
BUCKTROU AUTO Vehicle time 0.5 H
Primary Transformer ConnectionT&D/LAQ
Transformer Package [T&D/LAQ
Secondary Wire 400A Quad T&D/LAQ
590 CT Meter T&D/LAQ 1
Imperial Xrrigation District JoelF. Lopez
333 5. Walerman Are, El Centro, CA. 92243 Senior Project Development Planner Customer Project Development
Energy Department
IID Office No.: 760-482-3444
Cell Phone: 760-427-7688
Fax: 760-482-3301
Email: [email protected]
From: Lopez, Joel F
Sent: Monday, February 6, 2023 5:34 PM
To: 'Lilliana Falomir' < [email protected]>
Subject: RE: EV Charging Stations
Lilly, I would need to know the electrical load. For example typ. 3 tler EV : 277/480v 400amps for1- DC fast charger 180kw with 2 pump stations.
Please confirm if this is what you are requesting.
Thank you
JOEL
TASHOT:
350A/3P
M BREAXEN
(N)(9)400A EME
HOTE: FOR HAX DC FAST 3BOL SONNECT N
SERVICE UTTLI CHARGER
TRANSTORKEL UMITY METER ФI0A, 490V, 3P
FRIMARY «LILTY FEED 27740304, HEMA 10
SECONDAR! (HOUNTED CAL H-SRANE!
2 Insperial Irrigation District JoelF. Lopez
333 5. Waterman Ave, El Centro, CA 92243
Seniore rogerie Planet
DIST Energy Department
IID Office No. : 760-482-3444
Cell Phone: 760-427-7688
Accalmyelsoric Fax: 760-482-3301
Email: [email protected]
From: Lilliana Falomir <[email protected]>
Sent: Monday, February 6, 2023 4:23 PM
To: Lopez, Joel F <[email protected]>
Subject: EV Charging Stations
[CAUTION] This email originated from öutside of the IID. Do not reply, click on any links or open any attachments unless you trust the sender and know the content is safe.
Good Afternoon Joel,
The City of Calexico and Comite Civico del Valle are looking into installing two (2) 3 tier electric vehicle (EV) charging station on 5' Avenue and Mary Avenue, see aerial attachment. Is it possible to get an estimated cost from the lID to see how much it will be to install the stations? Please include engineering fee, permitting, upgrading exiting infrastructure, etc.).
Let me know if you have any questions.
Sincerely,
Lilliana "Lily" Falomir
Public Works Manager - Administrative
City of Calexico
Public Works Department
608 Heber Avenue
Calexico, CA 92231
760/768-2160
760/768-0992Fax
[email protected]