TO:
FROM:
DATE:
Item No. 6.
HONORABLE M AYOR AND MEMBERS OF THE CITY COUNCIL
OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
OCTOBER 14, 2025
SUBJECT: APPROVE THE EXECUTION OF A PARTICIPATION FUNDING
AGREEMENT WITH CLEAN POWER ALLIANCE (CPA) ENERGIZED
COMMUNITIES PROGRAM FOR COMMUNITY ELECTRIC VEHICLE (EV) CHARGING RELATED TO CAPITAL IMPROVEMENT PROGRAM (CIP) NO. 22-06, ELECTRIC VEHICLE CHARGING STATIONS, PHASE 3 PROJECT
EXECUTIVE SUMMARY
The City Council will consider authorizing the City Manager to execute a participation funding agreement with the Clean Power Alliance's (CPA) Community Electric Vehicle Charging Program for the procurement and installation of five dual-port, Level 3 fast charging stations at the Civic Center. These funds along with other funds awarded through the U.S. Department of Energy, the California Energy Commission, and the South Coast Air Quality Management District (SCAQMD), total approximately $1.5 million, which is sufficient to cover the total cost of the project.
RECOMMENDATION
That the City Council:
1.Approve the execution of a participation funding agreement with the Clean Power Alliance Community Electric Vehicle Charging Program for the procurement andinstallation of five dual-port, level 3 fast charging stations at the Civic Center;
2. Appropriate $250,000 in grant funds to the Electric Vehicle Charging Stations, Phase 3 Project, CIP No. 22-06; and,
3. Authorize the City Manager to execute the funding agreement with CPA and any amendments to the agreement.
BACKGROUND
In 2016, as part of the City’s ongoing efforts to improve air quality and promote environmental stewardship in our community, the City began to install electric vehicle charging stations at various City facilities, including the Downey Civic Center. There are currently 6 dual-port, level 2 charging stations located at the Downey Civic Center west and
south parking lots.
City staff has been actively pursuing additional funding opportunities to meet the increasing demand for EV charging at the Civic Center. Current levels of congestion at these stations are high with a slow turnaround of vehicles due to lengthy charging sessions required to obtain relatively low driving capacity.
In 2024, CPA launched its Energized Communities Program to help CPA’s partner communities reduce greenhouse gas emissions (GHGs) and promote sustainability by providing financial and technical support for various efforts, including vehicle electrification.
The program aims to streamline implementation of electrification measures at municipal facilities within CPA’s service area and is offering up to $250,000 in funding to partner agencies to support creative decarbonization projects. It also aligns with the California Air Resources Board’s 2022 Scoping Plan for Achieving Carbon Neutrality, which requires that fleets comply with emission reductions for mobile vehicles and phase-in the use and manufacturing of zero-emission vehicles (ZEVs) by 2036. The plan aims to reduce GHGs by 85 percent below 1990 levels no later than 2045.
This funding program is an opportunity for the City to install a limited number of more modern charging stations that provide increased driving capacity in a shorter period of time, resulting in shorter charging sessions and increased vehicle turnaround at the Civic Center charging stations.
ANALYSIS
The City’s existing Level 2 stations can add up to 25 miles of driving capacity per hour to the vehicle’s range. This pales in comparison to a typical fast charging station, which can add between 180 and 240 miles per hour. According to the U.S. Department of Energy, an average EV model has a range of approximately 280 miles. Most EV manufacturers recommend charging up to 80 percent of the vehicle range. Given this, a typical EV model could be charged in less than one hour at a typical fast charging station. A Level 2 charger would take over 9 hours to reach 80 percent of the vehicle range. This results in slower turnover at each station. A typical session at any of the City’s stations last 2 hours and 40 minutes. Approximately 67 miles can be added to the range under the current charging platform during this time period, or roughly one-third of the time required to charge the vehicle to its recommended level.
Considering the slow turnover rate and the inability to charge EV models to their recommended range levels within one hour, staff is recommending upgrading three dual- port charging stations at the Downey City Library from Level 2 to DCFC (Direct Current Fast Charging) stations and an additional two dual-port DCFC stations within close proximity. This location is currently some of the most heavily-used in the City. It is a central location that allows both residents and nearby business customers to charge while they are completing tasks at the Downey Civic Center, shopping at nearby stores or restaurants, or attending the Downey Theatre. This location is available 18 hours a day from 6 a.m. to 12 a.m., is well-lit, secured with cameras, and adjacent to the Police Department facility. Vandalism of EV charging stations has become a concern at other facilities, as the City has had repair costs of approximately $34,000 in the last three years to replace damaged cords and charging heads. Fast charging stations need to be in high-trafficked, secure locations to limit this kind of damage from vandalism. For this reason, staff has identified the Downey City Library at the Civic Center as an ideal location to upgrade to fast charging units rather than a more remote spot at one of the other facilities.
Staff has researched costs associated with upgrading the Downey City Library stations with DCFC stations and estimates project costs of approximately $1,500,000 to install five DCFC units. The City has accumulated approximately $549,000 over the last four years in
SCAQMD annual allocated funds. In addition to these funds, staff has secured $160,140 in grant funding from the U.S. Department of Energy, $250,000 from CPA, and is working with the California Energy Commission to execute a grant agreement for an additional $560,000 through the Fast and Available Charging for All Californians (FAST 2.0) program. Staff is currently procuring engineering services to design the Downey City Library station upgrades. An estimated time of 18 months is anticipated to design, procure, and install equipment, and work with SCE on permitting and installation of the stations.
City staff recommends participation in the CPA Community Electric Vehicle Charging program to fund the install of five dual-port, Level 3 fast charging stations at locations to be determined throughout the Library parking lot.
Upon execution of the participation agreement with CPA, City will be awarded $250,000 in grant funds to assist the City with the continued pursuit of environmentally-friendly projects.
CITY COUNCIL PRIORITIES
Quality of Life, Safety and Infrastructure
FISCAL IMPACT
Approval of the recommended actions will result in an appropriation and estimated revenue increase in the amount of $250,000 to the Fiscal Year 2025-2026 Capital Improvement Program, Fund 26, under revenue Account Number 26-1-6825 and expense Account No. 26- 1-6825, for CIP No. 22-06: Electric Vehicle Charging Stations Phase 3 Project. Project expenditures will be reimbursed; therefore, there will be no effect on the General Fund - Fund Balance.
ATTACHMENT
Attachment_A-_Participation_Agreement_CEVC_City_of_Downey_(1).cleaned.pdf
1 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 Downey (“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, 202 9 (“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 – Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
2 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 PARTI CIPANT 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
PROFIT, LOST OPPORTUNITY, OR EXEMPLARY DAMAGES FOR ANY
CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO THIS Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
3 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.
e. CPA may waive or change any of the requirements in this Section 6, upon mutual agreement with the Participant.
Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
4 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 Downey” 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 Downey” 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 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.
Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
5 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:
To Participant:
Matthew Baumgardner, P.E.
Director of Public Works, City Engineer
City of Downey
11111 Brookshire Avenue, Downey CA 90241
[email protected]
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
6 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.
______________________________
Theodore Bardacke
Chief Executive Officer
Clean Power Alliance of Southern California
Date:
______________________________
Roger Bradley
City Manager
City of Downey
Date:
ATTEST:
By: _____________________________
Maria Alicia Duarte, CMC, City Clerk
APPROVED AS TO FORM:
By: _____________________________
John Funk, City Attorney
Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
7 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 show proof of payment. Participant will provide any additional documentation requested by CPA.
Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
8 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. 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.
Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
9 Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
10 Exhibit B
Form of Project Scope and Budget
Following the terms provided in the Participation Agreement, the specific Project Scope and Budget for the Participant will be submitted to CPA substantially in the form illustrated below.
Project Scope and Budget
Description of Project
Project Location
Number of Chargers and Ports
Equipment Type and Power Level
Technical Services
How will this project support community
charging?
How will Project Funding be used?
Describe anticipated funding requests
including projected cost, timeline, and how it
will support the project.
Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97
11 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
Docusign Envelope ID: 0CB2B6C1-9AB4-4677-8369-E39405C02E97