City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01136 6/18/2024 Consent Item 14.
Budgetary Adjustments and Agreements with the Sacramento Metropolitan Air Quality Management District: Sacramento Electric Vehicle (EV) Blueprint Phase 2 Infrastructure Project (C15210000)
File ID: 2024-01136
Location: Citywide
Recommendation: Pass a Resolution to: 1) authorize the City Manager or the City Manager’s designee to execute an amendment to Agreement C2023-0135 with the Sacramento Metropolitan Air Quality Management District (SMAQMD) extending the term until December 31, 2026 and increasing the amount of the agreement by $314,886 for a total contribution of up to $910,290; 2) authorize the City Manager or City Manager’s designee to execute an agreement with SMAQMD for funding up to $2,341,260 to support installation of electric vehicle supply equipment for the Sacramento Electric Vehicle (EV) Blueprint Phase 2 Infrastructure Project; and 3) authorize the City Manager or the City Manager’s designee to increase revenue and expenditure budgets by $2,656,146 (Fund 3702, CIP Reimbursable) for the Sacramento EV Blueprint Phase II Project (C15210000).
Contact: Fedolia “Sparky” Harris, Principal Planner, (916) 808-2996, [email protected]; Lucinda Willcox, Assistant Director, (916) 808-5052, [email protected]; Department of Public Works
Presenter: None.
Attachments:
1-Description/Analysis
2-Resolution
3-Amendment to Agreement C2023-0135: Lower Emission Vehicle Incentive Program Participant Agreement for of construction of sites 1-3
4-New Agreement: Lower Emission Vehicle Incentive Program Participant Agreement for construction of sites 4-13.
Description/Analysis
Issue Detail: In March 2021, the California Energy Commission (CEC) approved the City’s grant application EV Blueprint Phase 2 Infrastructure Grant, a partnership with the City of Sacramento,
File ID: 2024-01136 6/18/2024 Consent Item 14.
Sacramento Metropolitan Air Quality Management District (SMAQMD), Sacramento Municipal Utilities District (SMUD), and UC Davis Institute of Traffic Studies (ITS). The grant focuses on increasing EV accessibility and zero emission options in disadvantaged communities, including installation of at least 34 EV chargers at community centers and libraries, primarily in disadvantaged neighborhoods, as well as a pilot program for e-bikes for loan at public libraries, EV job training for California Conservation Corps (CCC) members, and analysis of effective methods for EV adoption in disadvantaged neighborhoods.
SMAQMD initially provided $595,404 in grant match for the Sacramento Electric Vehicle (EV) Blueprint Phase II Project (Agreement 2023-0135). Due to the costs associated with extending electrical services and additional civil improvements, additional funding is needed to install chargers at all 13 locations.
On February 22, 2024, the SMAQMD Board authorized the Executive Director/Air Pollution Control Officer to execute additional funding agreements under the Low Emission Vehicle Incentive Program with the City of Sacramento for the purchase and installation of electric vehicle chargers associated with the City of Sacramento’s EV Blueprint Project.
The amended total SMAQMD contribution will be $3,251,550 total, $2,656,146 in additional funding plus the $595,404 under the previous agreement.
Policy Considerations: The City Council approved the EV Strategy on December 12, 2017 (Motion 2017-0374). Goals and policies in the EV Strategy are consistent with this recommended motion, calling for the City to increase and accelerate EV use and adoption levels, increase the visibility and awareness of EVs, and achieve equitable access to (Zero Emission Vehicle) ZEV technologies. The recommendation is consistent with the City’s policy to plan and make investments to foster a transportation system that improves the health of Sacramento residents through actions that make active transportation, non-motorized modes, high-occupancy, and zero-emission vehicles (ZEVs) viable, attractive alternatives to automobiles that use internal combustion engines. (2040 General Plan, M-1.3). The recommendation is also consistent with the City’s policy to strategically deploy public City-owned EV charging infrastructure to catalyze a transition to zero-emission vehicle use, prioritizing areas where barriers to adoption exist, including supporting charging infrastructure at regional intermodal facilities. (2040 General Plan, M-1.30).
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed action is not a project under CEQA because it relates to government fiscal activities that do not involve any commitment to a specific project which may result in a potentially significant physical impact on the
File ID: 2024-01136 6/18/2024 Consent Item 14.
environment. (Cal. Code Regs., tit. 14, §§15060(c)(3), 15378(b)(4). Applicable environmental review for any projects has been and will be completed prior to award of construction contracts.
Sustainability: The transportation sector accounted for 57% of community-wide greenhouse gas emissions in 2016, the largest single sector in the community. Electrification of the transportation sector leads to reductions in petroleum use, both reducing greenhouse gas emissions and improving local air quality.
Commission/Committee Action: None.
Rationale for Recommendation: Continued investment is critical to achieve transformative progress in EV equity, access, and infrastructure. Through the EV Blueprint Phase 2 Infrastructure Grant, the City is making public investments to address the gaps in geographic and programmatic implementation for EV infrastructure where the private market has not provided widely available charging opportunities, in order to advance equitable investments and make EV adoption more feasible for all communities.
Due to the age and limited available electrical capacity at the City’s community centers and libraries where EV chargers are being installed, additional funding was required to install electric vehicle supply equipment at all 13 locations. The additional funding through SMAQMD will allow the City to proceed with implementation.
Financial Considerations: The Sacramento EV Blueprint Phase 2 Infrastructure Project (C15210000) has a current budget of $2,906,836, consisting of state grant funds, SMAQMD incentive funds, and local funds (Measure U).
With the additional $2,656,146 (Fund 3702, CIP Reimbursement), there is sufficient funding within Sacramento EV Blueprint Phase 2 Project (C15210000) for construction of the project. Funding for rebates through SMUD incentive programs will be added to the project upon submission of rebate information to SMUD.
Local Business Enterprise (LBE): Not applicable.
Background:
Specific project activities supported by the grant includes the following:
· Installation of at least 34 EV chargers (66 EV connectors) across 13 public libraries and community centers, with at least two thirds of connectors located in disadvantaged communities.
File ID: 2024-01136 6/18/2024 Consent Item 14.
· Procurement of 30 e-bikes for a pilot lending program operated by the Sacramento Public Library
· Expansion of the Air District’sOur Community Car Share program in project neighborhoods for a minimum of 18 months.
· The California Conservation Corp (CCC) will engage members consisting of local youth for job training and installation support.
· An equity-based evaluation will yield further metrics to evaluate the project’s impact on equity, EV adoption, and other community indicators to be developed throughout tasks. UC Davis ITS will evaluate performance and present findings on the impact of the project strategies on EV adoption and equity.
The grant also includes building meaningful relationships with community members and groups to increase education, awareness, and community input. New information will be available regarding the success of E-mobility hub and EV ecosystem elements such as E-bike lending, car share, connection to transit and active transportation, and workforce training.
The City is the lead grant manager. Key partners include members of the Sacramento Plug-in EV Collaborative, such as the SMUD, the SMAQMD, the UC Davis Institute of Transportation Studies, and other stakeholders.
RESOLUTION NO.
Adopted by the Sacramento City Council
Budgetary Adjustments for the EV Blueprint Phase II Project (C15210000)
BACKGROUND
A. Assembly Bill (AB) 118 (Nùñez, Chapter 750, Statutes of 2007), created the Clean Transportation Program, formerly known as the Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP). The statute authorizes the California Energy Commission (CEC) to develop and deploy alternative and renewable fuels and advanced transportation technologies to help attain the state’s climate change, clean air, and alternative energy policies. AB 8 (Perea, Chapter 401, Statutes of 2013) re-authorized the Clean Transportation Program through January 1, 2024.
B. On September 22, 2020, the City Council adopted Resolution No. 2020-0314 which authorized staff to apply for the grant and authorized the City Manager or City Manager's designee to accept and execute the grant agreement with the CEC.
C. The City submitted a grant application to the CEC on October 22, 2020, and on March 17, 2020, the CEC selected the City’s grant for award. Grant partners include the Sacramento Municipal Utilities District (SMUD), Sacramento Air Quality Management District (SMAQMD), and UC Davis Institute of Traffic Studies (ITS).
D. The grant will provide funding for the City to implement the City’s transformative electric vehicle (EV) mobility goals. A key focus of the grant proposal is increasing access in underserved areas, and to learn the best methods to address transportation needs.
E. The Sacramento EV Blueprint Phase II Capital Improvement Project (C15210000) was established by Resolution 2021-0187 on June 15, 2021.
F. The City and the Sacramento Metropolitan Air Quality Management District (SMAQMD) agreed to support the project through the agreed to support the grant through its Low Emission Vehicle Incentive Program.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY
COUNCIL
RESOLVES AS FOLLOWS:
Section 1. The City Manager or the City Manager’s designee is authorized to execute an amendment to its agreement (C2023-0135) with the Sacramento Metropolitan Air Quality Management District (SMAQMD) extending the term until December 31, 2026, and increasing the amount of the agreement by $314,886 for a total contribution of up to $910,290 for the Sacramento EV Blueprint Phase II Project (C15210000) for the installation of electric vehicle supply equipment for the first phase of work.
Section 2. The City Manager or the City Manager’s designee is authorized to execute an agreement with the Sacramento Metropolitan Air Quality Management District (SMAQMD) to receive contribution of up to $2,341,260 for the Sacramento EV Blueprint Phase II Project (C15210000) for the installation of electric vehicle supply equipment for the remaining phases of work.
Section 3. The City Manager or the City Manager’s designee is authorized to increase revenue and expense budgets by $2,656,146 (Fund 3702, CIP Reimbursable) in the Sacramento EV Blueprint Phase 2 Infrastructure Project (C15210000)
Agreement No. VET-22-0009-A
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SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT LOWER EMISSION VEHICLE INCENTIVE PROGRAM (LEVIP) FUELING & ENERGY INFRASTRUCTURE This First Amendatory Agreement (Agreement) is made and entered into between the Sacramento Metropolitan Air Quality Management District (SMAQMD), a California local public agency; and City of Sacramento (Participant). 1.0 Recitals 1.1 Pursuant to Health and Safety Code §40961, the SMAQMD is the local agency with the primary responsibility for the development, implementation, monitoring, and enforcement of air pollution control strategies, clean fuel programs, and motor vehicle use reduction measures. 1.2 To implement mobile source emission reduction projects, the Lower Emission Vehicle Incentive Program (LEVIP) provides incentives to fleet operators and individuals for the purchase, repower and/or retrofit of low-emission on-road motor vehicles, off-road mobile equipment, agricultural water pumps, and other engines. The LEVIP Guidelines, and any subsequent amendments, are and will be automatically specifically incorporated into the Agreement as though fully set forth herein. 1.3 On February 1, 2023, SMAQMD entered into Agreement No. VET-22-0009 with Participant. The total funding amount authorized was $595,404 to be used toward the purchase of 48 new low-emission vehicle(s)/equipment/infrastructure. 1.4 Check all that apply: The term has been previously extended by letter dated _N/A__. The term has not been extended. Participant has asked to extend the term of the Agreement to December 31, 2026. 1.5 The maximum reimbursement liability of Participant is stated in Exhibit C1 Amendment. Actual reimbursement for failure to meet the usage obligation will be calculated using the formula in Paragraph 2.2 of this Agreement. 1.6 Check one that applies: The effective date of this First Amendatory Agreement is hereby retroactively extended to _N/A_. The effective date of this First Amendatory Agreement is the date when it was signed by all parties. 1.7 The Participant is implementing its Electric Vehicle Blueprint project, which includes vehicle chargers at libraries and community centers. During implementation, Participant determined that its initial cost estimates for this project were low and they are requesting a funding increase of $314,886 for the project for a new not to exceed amount of $910,290. Staff have reviewed and approved these cost increases. 1.8 Staff decided to separate the project into two agreements. This agreement is being amended to include only the three sites and associated 12 chargers that are either constructed or under construction. These Agreement No. VET-22-0009-A
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three sites are: Belle Cooledge Library, Colonial Heights Library and Samuel C. Pannell Community Center. The remaining 10 sites and 22 chargers will be addressed under Agreement No. VET-24-0001. No funds were distributed under the original Agreement No. VET-22-0009. All of the $910,290 will be distributed under this amended Agreement. Agreement No. VET-24-0001 will be funded separately. 1.9 Minor administrative changes have been made to the Exhibits. 1.10 This Agreement (VET-22-0009-A) meets the minimum usage obligations and emission reductions specified in the Carl Moyer Guidelines. 1.11 SMAQMD and Participant now wish to amend Agreement No. VET-22-0009. 2.0 Terms and Conditions 2.1 Agreement Term This Agreement terminates on December 31, 2026, and the parties agree that the statute of limitations period for demanding reimbursement does not begin to run until the Agreement termination date. 2.2 Maximum Reimbursement The repayment formula is the following calculation for determining the level of funds to be returned to SMAQMD if Participant fails to meet the operational requirements of the Agreement. Check one that applies: (i) For Projects with Annual Operational Requirement (miles, hours or gallons) A = I * [ (O*L) C ] / (O*L) A = Amount owed to SMAQMD I = Maximum Reimbursement O = Revised Annual Operational Requirement (miles, hours or gallons) L = Length of the Agreement in Years C = Actual Operation (miles, hours or gallons consistent with the form of measure used in ) (ii) For Projects That Do Not Have Minimum Annual Operational Requirement A = I [ I * (T / L) ] A = Amount Owed to SMAQMD I = Maximum Reimbursement L = Length of the Agreement in Months T = Elapsed New Equipment Project Life in Months 2.3 Exhibit B - Vehicle/Equipment/Infrastructure Information Form Exhibit B, Vehicle/Equipment/Infrastructure Information Form is replaced by Exhibit B1 Amendment, attached and incorporated hereto. The exhibit is amended to reflect the updated equipment information.
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2.4Exhibit C - Performance RequirementsExhibit C, Performance Requirements is replaced by Exhibit C1Amendment, attached and incorporated hereto. The form is amended to (i) reflect the updated equipment information, and (ii) state that the total maximum reimbursement amount for the Participant is $910,290 based on the repayment formula in paragraph 2.2 of this Agreement.2.5ReaffirmationIn all other respects, this Agreement, as amended, remains in full force and effect.2.6Entire AgreementThis Agreement, as amended, and any attachments or incorporated documents, constitute the entire understanding between the SMAQMD and Participant concerning the subject matter contained herein.All recitals in Section 1.0 are incorporated into the terms and conditions of this Agreement.2.7Waiver of Agreement ProvisionsNo waiver or modification of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of that party and no failure or delay in enforcing any right will be deemed a waiver. A waiver of a particular breach, or default, will not be deemed to be a waiver of any other subsequent breach or default. 2.8Authority to BindThe persons signing on behalf of the parties to this Agreement warrant that they have the legal authority to execute the Agreement. Executed by:Participant: City of SacramentoDate:Leyne MilsteinAssistant City ManagerSacramento Metropolitan Air Quality Management District:Date: ___________________Alberto Ayala, Ph.D., M.S.E.Executive Director/ Air Pollution Control OfficerApproved as to form:___________________________________Kathrine PittardDistrict Counsel
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008939 Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008940 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008941 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008942 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008943 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008946 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008947 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008948 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008949 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008950 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008973 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008974 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008975 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008987 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT B1 Amendment LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009608 . Vocation(s) (Please list all equipment uses): Equipment: Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
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EXHIBIT C1 - Amendment PERFORMANCE REQUIREMENTS The below listed New Equipment must meet the minimum performance requirements shown to avoid reimbursement by Participant to SMAQMD. SMAQMD Vehicle ID #, New Equipment Information* Equipment Serial Numbers* Minimum Annual Usage Total Usage Anticipated Annual NOx Reduction (tons) Description of Additional Performance Requirements (if applicable) Maximum Incentive Amount SMAQMD Vehicle ID #: SMQV008939 Must Report Annual Usage Must Report Annual Usage EVSE / Alternative Fueling Station does not generate any emissions reductions See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008940 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008941 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008942 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008943 Must Report Annual Usage Must Report Annual Usage See Note 1 $231,660 SMAQMD Vehicle ID #: SMQV008946 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008947 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008948 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008949 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008950 Must Report Annual Usage Must Report Annual Usage See Note 1 $240,468 Agreement No. VET-22-0009-A
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SMAQMD Vehicle ID #: SMQV008973 Must Report Annual Usage Must Report Annual Usage EVSE / Alternative Fueling Station does not generate any emissions reductions See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008974 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008975 Must Report Annual Usage Must Report Annual Usage See Note 1 $267,762 SMAQMD Vehicle ID #: SMQV008987 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV009608 Must Report Annual Usage Must Report Annual Usage See Note 1 $14,200 Total CMP: 0.00 $910,290 * SMAQMD will fill in information upon verification of project completion. Note 1: Participant must annually provide the SMAQMD with the following data for the entire term of this Agreement: (A) Qualitative description of public and private uses. (B) Annual usage per EVSE charger (e.g. kilowatt-hour) and the number of plug-in events. EVSE must have smart meters or other SMAQMD-approved usage meters installed. (C) Annual usage per Alternative Fueling Station dispenser (e.g. kilograms or standard cubic feet). (D) Any unscheduled downtime, including duration of downtime and causes of downtime.
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page 1 of 12 Agreement Number VET-24-0001 SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT LOWER EMISSION VEHICLE INCENTIVE PROGRAM AGREEMENT FUELING & ENERGY INFRASTRUCTURE This Agreement (Agreement) is between the Sacramento Metropolitan Air Quality Management District (SMAQMD), a California local public agency and City of Sacramento (Participant). 1.0 Recitals 1.1 SMAQMD is the local agency within the boundaries of Sacramento County with the primary responsibility for the development, implementation, monitoring, and enforcement of air pollution control strategies, clean fuel programs, and motor vehicle use reduction measures under Health and Safety Code Section 40961. 1.2 SMAQMD is authorized by Health and Safety Code Sections 41062(a) and 41082 to implement programs to reduce transportation emissions, including programs to encourage the use of alternative fuels and low-emission vehicles. 1.3 The mission of the SMAQMD is to achieve state and federal clean air goals. These goals include attainment and maintenance of ozone standards as part of the Sacramento Federal Nonattainment Area (SFNA) which is described in Exhibit A of this Agreement. The SMAQMD is also responsible for reducing exposure to other air pollutants and toxic air contaminants on a community level. The majority of these emissions are generated by mobile sources, including heavy-duty vehicles, off-road engines, and other equipment. 1.4 The California Air Resources Board (CARB) has developed Carl Moyer Program Guidelines, and SMAQMD has developed Guidelines that incorporate and implement these CARB guidelines. These documents are collectively referred to as the Moyer Guidelines. These Guidelines, and any subsequent amendments, will be automatically specifically incorporated into the Agreement as though fully set forth herein. 1.5 On April 28, 2016, SMAQMD approved Resolution No. 2016-019, establishing the Lower Emission Vehicle Incentive Program (LEVIP), which provides incentives to fleet operators and individuals for the purchase, repower and/or retrofit of low-emission on-road motor vehicles, off-road mobile equipment, agricultural water pumps, infrastructure, and other engines. 1.6 This agreement may be funded using incentive funds received from sources other than the Carl Moyer Program. These funds may have requirements similar to those in Moyer Guidelines and other guidelines as adopted into the LEVIP as directed by the applicable funding source. These sources may include, but are not limited to, the Greenhouse Gas Reduction Fund and the Air Quality Improvement Fund. 1.7 Participant has reviewed and is familiar with the Moyer Guidelines or other guidelines applicable to the funding source used to fund New Equipment under this agreement. 1.8 Participant understands that the purpose of the Program, and this Agreement, is to help SMAQMD achieve clean air standards as required by state and federal law and to reduce exposure in communities most impacted by air pollution. 1.9 Participant wishes to participate in the Program by purchasing and operating the New Equipment (as defined in Paragraph 2.1.3). 1.10 The parties specifically recognize that the CARB is a third-party beneficiary to this Agreement and has the right to audit compliance with the Agreement, including conducting inspections, and has the right to enforce Participant's compliance with the terms of the Agreement.
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2.0 Special Terms and Conditions The parties agree to the terms and conditions listed below. 2.1 Definitions: As used in this Agreement, the following terms have the following meanings: 2.1.1 Applicable emission standardsmeans the emission standards for NOx, particulate matter (PM), hydrocarbons, carbon monoxide, and carbon dioxide established by the California Air Resources Board (CARB) or the United States Environmental Protection Agency (USEPA) for the model year of the vehicle or engine. 2.1.2 means a business that has entered into an agreement with SMAQMD to assist in the implementation of the Program and that specializes in the sale of New Equipment. 2.1.3 New means the fueling or energy infrastructure that is identified in Exhibit B. 2.1.4 means the LEVIP Agreement between SMAQMD and a Program Participant, under which SMAQMD agrees to pay the Program Participant a specific amount to help offset the cost of purchasing New Equipment from Dealership. 2.1.5 means the project post-inspection has confirmed that the new equipment is operational. Project Completion cannot occur before the date of execution of the Participant Agreement. 2.1.6 Project means the period following Project Completion, during which period the participant must meet the performance obligation in Exhibit C. 2.1.7 means the SMAQMD's LEVIP, the CARB Carl Moyer Program, their respective guidelines and other applicable funding source guidelines adopted into the LEVIP (as mentioned in Section 1.6), all of which are incorporated into this Agreement as if fully set forth. Any subsequent amendments to the Program Guidelines, are specifically incorporated into the Agreement as though fully set forth herein. 2.1.8 means the individual, agency, or business entity that is receiving funds to aid in the purchase of the New Equipment. 2.1.9 "Reimbursement Formula" is the following calculation for determining the level of funds to be returned to SMAQMD if Participant fails to meet the operational requirements of the Agreement: For Projects That Do Not Have Minimum Annual Operational Requirement A = I [ I * (T / L) ] A = Amount Owed to SMAQMD I = Total Incentive Award L = Length of the Agreement in Months T = Elapsed New Equipment Project Life in Months 2.1.10 means a device, fuel, or system that is verified by CARB or the USEPA to reduce emissions from a mobile source by a verified amount. 2.2 Payment: 2.2.1 Payment: SMAQMD will pay up to $2,341,260 to Participant to aid in the purchase of the New Equipment. No payment is required until: (i) the Participant commences operation, as required under Paragraph 2.3.1 (Time), (ii) the Participant submits a Payee Data Record form, as required under Paragraph 2.2.2, (iii) Participant satisfies the requirements in Paragraph 2.5
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page 3 of 12 (Inspections and Audits) and 2.6 (Invoice Requirements), and (iv) Exhibit Z has been signed by all parties. If Participant purchases the New Equipment before this Agreement is signed by all parties, then Participant will NOT receive any grant funds. 2.2.2 Taxation: Payments made under this Agreement may be subject to taxation. Participants are encouraged to consult with a tax professional regarding the taxability of payments from this program. Participant is not entitled to payment until it submits a completed Payee Data Record form to SMAQMD prior to payment. SMAQMD will report the payment to both the State of California and the United States Treasury and will issue an IRS Form 1099 to the Participant. 2.2.3 Prevailing Wages: If applicable, the Participant and any subcontractors agree to be bound by all provisions of State Labor Code Section 1771 regarding prevailing wages. If applicable, any subcontractors must be registered with the Department of industrial Relations (DIR) pursuant to State Labor Code Section 1725.5 and comply with prevailing wages requirements as published by DIR. Refer to https://www.dir.ca.gov/Public-Works/PublicWorks.html for more information. Participant must ensure that any and all subcontractors are registered, pay prevailing wages and submit records as applicable. 2.3 Participant Obligations: Participant must: 2.3.1 Time: Purchase and begin operating the New Equipment described in Exhibit B within the timeframe indicated on Exhibit B. Participant may submit a written request to extend this time reasonable control. No extension will be granted, regardless of the circumstances, if the new deadline would conflict with deadlines under the Program. Participant must notify SMAQMD if it fails to meet the project completion milestones. 2.3.2 Operation: Meet the operational requirements of Exhibit C for each item of New Equipment described in Exhibit B, and operate the New Equipment in a manner that is consistent with the Program eligibility requirements, the goals and objectives of the Program, the terms of this Agreement, and all local, state, and federal rules, laws, and regulations. 2.3.3 Equipment Warranties: Secure New Equipment Warranties and operate the New Equipment s. 2.3.4 Additional Devices Requirements: (i) Usage Meter: Install an operational hour meter, electric meter, or other SMAQMD-approved or required usage measuring device on the New Equipment. 2.3.5 Program Guidelines: Comply with all other requirements detailed in this Agreement and the Program. 2.3.6 Disclosures: Complete Exhibit F and, if this Agreement requires approval by the Board of Directors, Exhibit G. 2.3.7 Branding and Promotion: Comply with all applicable branding and promotion requirements for New Equipment (as defined in Paragraph 2.1.3) in accordance with Exhibit H. 2.4 : The Participant warrants that: (i) It has completed a LEVIP Application Form and all of the information presented in the Form is LEVIP is incorporated by reference in this Agreement. (ii) The New Equipment meet all of the criteria established in the Program Guidelines in effect at the time this Agreement is signed, as well as the goals and objectives of the Program.
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page 4 of 12 (iii) The purchase of the New Equipment described in Exhibit B is not required by any law or regulation with the exception of certain agricultural projects described in Health and Safety Code §41081(d)(2)(ii). If the Participant is a public agency, Participant further warrants that its board policies do not require the purchase. (iv) It will not make any modifications to, or tamper with the New Equipment or any recording devices on the New Equipment. (v) It has read and agrees to all requirements of the Program application and guidelines, including the applicable Program Guidelines. The Participant also agrees to read and meet all subsequent revisions to and advisories regarding the Program Guidelines. 2.5 Inspections and Audits: The New Equipment funded under this Agreement is subject to inspection by SMAQMD, CARB, or their designee at any time with 24-hour notification. Any inspection will be conducted at a reasonable time and with reasonable notice to Participant. Inspections will include the post- and audit inspections identified in Paragraphs 2.5.1 to 2.5.2. 2.5.1 Post-inspection: SMAQMD will conduct an inspection after the New Equipment is purchased and (if necessary) installed to verify that the New Equipment meets the Program requirements. For Electric Vehicle Supply Equipment (EVSE)/Battery Charging Stations, the Participant must provide a print out of the current usage from each smart meter or other SMAQMD-approved usage meter installed on each EVSE charger. 2.5.2 Audit Inspection: SMAQMD, CARB, or their designees will conduct audit inspections as necessary to verify the New Equipment is operating pursuant to program guidelines and meeting contractual requirements. SMAQMD, CARB, or their designees may perform a fiscal audit of the project at any time during the Project Implementation period. 2.6 Invoice Requirements: The Participant must submit a final invoice packet to SMAQMD. This packet must include the New Equipmentengine serial number, and the date the New Equipment was purchased and installed. The invoice must also include copies of: 2.6.1 UCC-1 Form: A copy of an UCC-1 Form, filed with the California Secretary of State, giving SMAQMD a security interest in the New Equipment for the full amount of the funds to be paid to the Participant under a Participant Agreement. 2.6.2 Purchase Documentation: A copy of (i) the New Equipment invoice, and (ii) copies of all invoice documents associated with the purchase and installation of New Equipment described in Exhibit B, detailing costs associated with parts, labor, and miscellaneous charges, including a copy of the Program Participant final itemized paid invoice, invoices for work performed to meet Program eligibility requirements, and the finance agreement for any portion of the New Equipment purchase price to be privately financed. The documentation must include the usage meter reading on the date the New Equipment is financed. 2.6.3 New Equipment Warranty: A copy of the new equipment warranty. 2.6.4 Usage Meter Installation: Copy of an invoice documenting that an hour meter, electric meter, or other SMAQMD-approved tracking device has been purchased and installed on the New Equipment, and a written confirmation by Dealership that the meter is operational. 2.6.5 Proof of Insurance: A copy of proof of insurance demonstrating compliance with Section 3.6 and Exhibit D. 2.7 Termination: 2.7.1 General: SMAQMD may immediately suspend or terminate this Agreement, in whole or in part, if it determines that there is: (i) an illegal or improper use of funds; (ii) a failure to comply with any term of this Agreement; or (iii) a failure to submit a correct and complete report. With the
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page 5 of 12 exception of section 2.7.1 (i) actions, if SMAQMD intends to suspend or terminate it will give notice of this intent and allow Participant 45 days to cure the breach. No notice or opportunity to cure are required for 2.7.1 (i) actions. In no event will any payment by SMAQMD constitute a waiver by SMAQMD of any breach of this Agreement or any default that may then exist on the part of Participant. Neither will such payment impair or prejudice any remedy available to SMAQMD with respect to the breach or default. 2.7.2 Refunds: If SMAQMD suspends or terminates this Agreement for any of the reasons stated in section 2.7.1, it will give notice of this intent and allow Participant 45 days to cure the breach. No notice or opportunity to cure are required for 2.7.1 (i) actions. SMAQMD will have the right to demand the repayment to SMAQMD of any funds disbursed to Participant under this Agreement that it determines were not expended in accordance with the terms of this Agreement. Participant must promptly refund the moneys upon demand. Refund is in addition to any other remedies available to SMAQMD. 2.7.3 Other Remedies: In addition to suspension, termination and refund demands, SMAQMD may impose any other remedies available by law, in equity, or otherwise specified in this Agreement. 2.7.4 Limitation: Notwithstanding the provisions of this Paragraph, the Participant is subject to the reimbursement requirements of Section 2.8 (Reimbursements), which are in addition to, and do not offset or displace, any other recovery rights that SMAQMD may have in the event the contract is breached. 2.7.5 Funding: The parties acknowledge that this Agreement will be funded by incentive fund revenues from other agencies and that SMAQMD may terminate this Agreement if it does not receive all or a portion of the revenues. If SMAQMD terminates this Agreement under this provision, it will serve notice of the action on the Participant within 10 working days. 2.8 Reimbursements: Notwithstanding the provisions in Section 2.7 (Termination), the Participant is subject to the reimbursement requirements of this Paragraph, which are in addition to, and do not offset or displace, any other recovery rights that SMAQMD may have in the event the contract is terminated or breached. If the Participant fails to fulfill the minimum operational requirements by the termination date in Paragraph 2.12 (Term), it must refund a pro rata portion of the $2,341,260 to SMAQMD. 2.8.1 Reimbursement Determination: SMAQMD will determine whether a reimbursement is required after reviewing the annual reports required under Section 2.9 (Recordkeeping and Reporting Requirements). If the Participant has failed to submit a report for any year, SMAQMD may assume that none of the operational requirements were met for that year. 2.8.2 Reimbursement Amount: The reimbursement amount is the difference between the required level of operation and the actual level of operation during a given contract year, according to the Reimbursement Formula. The termination date of the contract will be automatically extended until payment is complete. 2.8.3 Early-Termination Reimbursements: If the contract is terminated prior to the termination date in Paragraph 2.12 (Term), SMAQMD may: (i) Demand full repayment of the Section 2.2 (Payment) funds, or (ii) Apply the Reimbursement Formula and demand repayment of the prorated amount. 2.8.4 Inoperable New Equipment Reimbursements: If the New Equipment is stolen or rendered inoperable company), Participant may either: (i) replace the inoperable New Equipment with new equipment certified to equal or lower emission levels than the inoperable New Equipment (if applicable) and complete performance of this Agreement or (ii) terminate the Agreement and a return a prorated portion of the $2,341,260, based on the Reimbursement Formula.
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2.8.5Full or Partial Waiver: The APCO of the SMAQMD may, at his or her sole discretion, relieve the obligation to reimburse funds after considering the circumstances leading to the failure to fulfill the minimum performance requirements. 2.8.6 Statute of Limitations: Because underperforming participants can reduce the pro rata amount owed by performing through the entire contract period, the statute of limitations period will not begin until the last day of the Agreement term. 2.9 Recordkeeping and Reporting Requirements: 2.9.1 Record Requirements: Participant must maintain adequate records to document compliance with this Agreement. Records include the documents specified below. Participant must maintain the records for the term of the contract and the four years following the end date listed in Paragraph 2.12 (Term). SMAQMD may inspect or request copies of these records at any time during the term of this Agreement. This paragraph will survive the termination of this Agreement. (i) Infrastructure: Required records include the fuel or power dispensed by the infrastructure, qualitative description of public and private uses, and summary of any unscheduled downtime. 2.9.2 Report Requirements: The Participant must submit a report stating the fuel or power dispensed in the preceding year, the type and cost of maintenance or repair work performed over the course of the year, and the amount of time the New Equipment was inoperable due to the maintenance and repair activities. (i) Reporting requirements include the items in Section 2.9.1(i). EVSE must have smart meters or other SMAQMD-approved usage meters installed. EVSE must report annual usage per charger (e.g. kilowatt-hour) and the number of plug-in events. Alternative Fueling Stations must report annual usage per dispenser (e.g. kilograms or standard cubic feet). (ii) Battery Charging Station: Participant must report all battery charging station installations to the Department of Energy Alternative Fuel Data Center located at http://www.afdc.energy.gov/locator/stations/. (iii) Alternative Fueling Station: For hydrogen fueling stations, Participant must register and report to the Station Online Status System (SOSS) maintained by the California Fuel Cell Partnership (www.cafcp.org). In addition, grantee must abide by the requirements of the reporting system. 2.9.3 Report Submission Deadlines: Participant must submit use reports at least once annually or as requested by SMAQMD, CARB staff, or their representatives. Annual reports are due not later than January 31 of each year. Additional reports are due on the date specified in the request, or within 30 days if no date is specified. SMAQMD, CARB or their representatives may also request additional performance or other documentation at their discretion and Participant must provide the requested information on the date specified in the request, or within 30 days if no date is specified. 2.9.4 Failure to Comply: If Participant fails to comply with the reporting requirements, SMAQMD may require repayment in accordance with Section 2.8 (Reimbursements), or, at its sole election, institute on-site monitoring and inspection measures. 2.9.5 Report if New Equipment Becomes Non-operational: Participant must notify SMAQMD within seven days if the New Equipment funded under this Agreement becomes non-operational.
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2.10Sale of New Equipment:Participant acknowledges and agrees that it may not sell or encumber the New Equipment without the prior written consent of SMAQMD. SMAQMD will not approve the sale, transfer, licensing, or subcontracting, unless either 2.12.1 or 2.12.2 are satisfied: 2.10.1 Performance Completed: If performance is complete, SMAQMD will approve the sale or encumbrance after confirming that Participant has met the performance obligations. 2.10.2 Performance Incomplete: If performance is not complete, SMAQMD will approve the sale or encumbrance after both of the following occur: (i) The Participant notifies the prospective buyer of the New Equipment, in writing, of the terms of this Agreement and any unperformed requirements. (ii) The buyer executes a Program Agreement with SMAQMD. 2.11 Multiple Funding Source & Incentive Funding Limits: Participant warrants that it fully disclosed all funds received under any other incentive agreement for the New Equipment described in Exhibit B and that the total combined funding amount does not exceed the maximum funding limits identified in any Program. Exhibit E lists the multiple incentive agreements, the entities involved, and the incentive funds provided by each entity, as disclosed in the application, and Participant warrants that the information is accurate and complete. 2.12 Term: This Agreement will begin upon execution by all parties and terminate on 12/31/2028, and the parties agree that the statute of limitations period for demanding reimbursement does not begin to run until the Agreement termination date. The Project Completion period is 180 days or the timeframe indicated in Exhibit B, whichever period is longer, beginning with the execution of the Agreement by all parties and ending with the initial operation of the New Equipment as verified by the post-inspection. See Paragraph 2.3.1 (Time) regarding extensions of this period. The Project Implementation period is the period immediately following the Project Completion period. Notwithstanding the expiration or early terminat security interest in the New Equipment will continue in full force and effect until Participant fully satisfies its obligations under this Agreement. 2.13 Notice of Contact Information Change: It is the Participant's responsibility to ensure that its contact and address information in Section 3.29 (Communications) is current at all times. If SMAQMD is forced to pursue legal action and is unable to complete personal or substitute service on Participant, it will request court permission to serve notice by publication in the Sacramento Bee and The Daily Recorder, and will seek a default judgment if the Participant fails to timely respond to legal actions filed by SMAQMD. 2.14 Electric Vehicle Infrastructure Training Program Certification Requirements Applies to California Air Resources Board (CARB) funded or authorized electric vehicle charging infrastructure and equipment under Assembly Bill (AB) 841; Stats. 2020, ch. 372, Section 4 added Section 740.20 to the Public Utilities Code. 2.14.1 Provisions: For any work performed after January 1, 2022, the following requirements apply: (i) All Electric Vehicle (EV) infrastructure and equipment on the customer side of the electrical meter that is funded or authorized, in whole or in part by CARB must meet specified labor certification requirements (i.e. installed by contractors with the appropriate license classification as determined by the Contractors State License Board). Specifically, at least one electrician on each crew, at any given time, must hold an Electric Vehicle Infrastructure Training Program (EVITP) certification; and (ii) Projects funded or authorized, in whole or in part, by CARB that install a charging port supplying 25 kilowatts (kW) or more, must have at least 25 percent of the total electricians working on the crew for the project, at any given time, hold an Electric Vehicle Infrastructure Training Program (EVITP) certification; and
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page 8 of 12 (iii) One member of each crew may be both the contractor and an EVITP certified electrician. 2.14.2 The requirements stated in Section 2.14.1(i) do not apply to any of the following: (i) Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility. (ii) Electric vehicle charging infrastructure funded by moneys derived from credits generated from the Low Carbon Fuel Standard Program (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). (iii) Single-family home residential electric vehicle chargers that can use an existing 208/240-volt outlet. 3.0 General Terms and Conditions 3.1 Term: Not Applicable, see Paragraph 2.12 (Term). 3.2 Inspections: Not Applicable, see Section 2.5 (Inspections and Audits). 3.3 Prohibition on Emission Reduction Credits: Not Applicable. 3.4 Prohibition on Vocation Change: Not Applicable. 3.5 Voluntary ActNew Equipment is a completely voluntary act and SMAQMD has not made representations or guarantees to the Participant regarding the New Equipment. 3.6 Insurance: The Participant must maintain the insurance coverage described in Exhibit D for the entire term of this Agreement and any extensions to the Agreement. The Participant must name SMAQMD as an additional insured and loss payee. The Participant must obtain and transmit to SMAQMD a yearly Certificate of Insurance from the Insurance Company(ies) listing SMAQMD as additional insureds and loss payees, and obligating the Company(ies) to provide at least 30 days notice to the Participant and SMAQMD in the event of a change in, cancellation of, non-renewal of, reduction in coverage under, or termination of any policy listed on the certificate for any reason whatsoever. If the Participant fails to obtain the required certificate of insurance, or if the required insurance lapses, this Agreement may be terminated by SMAQMD immediately. 3.7 Notice of Significant Events: Participant will provide to SMAQMD prompt written notice of any of the following events: (i) Any pending litigation or governmental action that may have a material adverse effect on perform this Agreement. (ii) Any change in its name, adoption of a fictitious business name, change in the location of its principal place of business, change in its business structure (such as from a sole proprietorship to a corporation), any proposed sale or transfer of substantially all its operating assets, or any proposed sale or transfer of 20.0% of its equity ownership or control. (iii) The filing of any petition in bankruptcy by or against Participant. (iv) (v) Damage to the New Equipment greater than 10% of its fair market value at the time of damage.
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page 9 of 12 (vi) Repossession of the New Equipment. 3.8 Ability to Perform: If either of the events listed in this paragraph occur, the Participant must notify SMAQMD within 30 days of the date Participant knows, or should have known, that the event has occurred or is likely to occur: (i) The Participant suffers catastrophic loss. (ii) perform the conditions of this Agreement. 3.9 Amendment: No amendment, alteration or variation of the terms of this Agreement is valid unless made in writing and signed by all parties. 3.10 Assignments: No performance rendered or payment due under this Agreement may be delegated or assigned without the written consent of Participant, CARB and SMAQMD. If Participant assigns any of its rights or obligations under this contract, all of the terms and conditions of this contract will apply to 3.11 Non-Discrimination: Not Applicable. 3.12 Subcontracts: If the Participant submitted the name of a subcontractor in the proposal or application for this Agreement, SMAQMDsubcontractor. In the event that any part of this Agreement is subcontracted, Participant agrees to document the following affirmative steps for utilizing Minority Business Enterprises (MBE) or Women Owned Business Enterprises (WBE) as required by the Environmental Protection Agency: (i) Include MBEs and WBEs on solicitation lists. (ii) Assure MBEs and WBEs are solicited once they are identified. (iii) Divide total requirements into smaller tasks to permit maximum MBE/WBE participation, where feasible. (iv) Establish delivery schedules which will encourage MBE and WBE participation, where feasible. (v) Development Agency (MBDA) and the U.S, Small Business Administration to identify MBEs and WBEs. 3.13 Successors: This Agreement will bind the successors of SMAQMD and Participant in the same manner as if they were expressly named. 3.14 Recordkeeping: Not Applicable. See Section 2.9 (Recordkeeping and Reporting Requirements). 3.15 Termination Notice Requirements: Not Applicable 3.16 Waiver of Claims: Participant waives any claims against SMAQMD, CARB, its officers, agents, employees, delegates or volunteers from damage or loss caused by: (i) Any suit or proceeding directly or indirectly attacking the validity of this Agreement, or any part of this Agreement. (ii) Any judgment or award declaring this Agreement either void or voidable, or delaying the performance of any part of this Agreement. 3.17 Waiver of Agreement Provisions: No waiver or modification of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of that party and no
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page 10 of 12 failure or delay in enforcing any right will be deemed a waiver. A waiver of a particular breach, or default, will not be deemed to be a waiver of any other subsequent breach or default. 3.18 Time: Time is of the essence with respect to the timely performance of each provision of this Agreement. 3.19 Severability: If any provision of this Agreement is held invalid or unenforceable, its invalidity or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed and enforced as if such provision had not been included. 3.20 Venue and Choice of Law: This Agreement is executed in Sacramento County, California and will be governed by the laws of the State of California. Any action arising out of this Agreement must be filed in a state court or federal court located in Sacramento, California. 3.21 Compliance with Laws and Regulations: Participant must observe and comply with all applicable laws and regulations. In addition to all other applicable laws, this Agreement is subject to the provisions and limitations of Health & Safety Code. Notwithstanding the terms of this Agreement, the Parties are not permitted to undertake any actions that contravene the Health & Safety Code or any other law or regulation. 3.22 Payments that Contravene the Law: SMAQMD and CARB have no liability for payments that are found to contravene the law. Participant will reimburse SMAQMD for any payments made by SMAQMD to Participant and later determined to contravene federal, state or local laws and regulations. 3.23 Status of Participant: This Agreement is only for the payment of incentive funds to offset the cost of the items identified in Exhibit C. Accordingly, Participant, its employees, consultants and subcontractors do not have any of the entitlements of a CARB or SMAQMD employee. Participant is an independent contractor. 3.23.1 Direction of Third Parties: If the Participant employs any third persons, these persons will be under the exclusive control of Participant. All terms of employment, including but not limited to hours, wages, working conditions, discipline, hiring, and discharging will be determined by Participant. 3.23.2 Right to Bind: Neither the Participant nor its employees, subcontractors or consultants have the right to act on behalf of CARB or SMAQMD in any capacity, or to bind CARB or SMAQMD to any obligation. 3.23.3 Taxes: Neither CARB nor SMAQMD will make any deductions or withholdings from the compensation paid to Participant. Participant must issue all forms required by federal and state 3.24 Conflict of Interest: No officer or employee of CARB or SMAQMD has any pecuniary interest, direct or indirect, in this Agreement or the proceeds of the Agreement. No officer or employee of Participant may serve on CARB or SMAQMD's governing body or hold any CARB or SMAQMD position which by rule, practice, or action nominates, recommends, supervises or authorizes the development or execution of this Agreement, or any payment to Participant. 3.25 Indemnity: The Participant must indemnify and defend SMAQMD, CARB, their officers, agents, employees, delegates and volunteers, from any and all losses, costs, damages, fines or expenses (including attorneys fees, court costs and expert fees) or liability of any kind or character to any person or property that: (i) Arises from, or are alleged to arise from, any breach of the responsibilities required of Participant by this Agreement, or (ii) Are related in any way to the New Equipment described in Exhibit C, including any and all liability for general, special, consequential, or other damages arising from the use of the New
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page 11 of 12 Equipment by Participant, for which financial assistance or other incentives are received from SMAQMD by Participant. 3.26 Force Majeure: If performance by CARB, SMAQMD, or the Participant of any of its obligations or undertakings under this Agreement is interrupted or delayed by any occurrence not occasioned by the conduct of either party to this Agreement, whether that occurrence is an act of God or public enemy, or whether that occurrence is caused by war, riot, storm, earthquake, or other natural forces, or by the acts of anyone not a party to this Agreement, then CARB, SMAQMD or the Participant may be either excused from any further performance or excused from any further performance for whatever period of time after the occurrence is reasonably necessary to remedy the effects of that occurrence at the election of CARB and SMAQMD. 3.27 Two Originals: This Agreement and any modification to this Agreement will be executed in two originals, one to be kept by SMAQMD and one to be kept by the Participant. Either of the originals is enforceable without the presentation of the other original. 3.28 Entire Agreement: This Agreement constitutes the entire Agreement between SMAQMD and Participant. All parties revoke all prior or contemporaneous oral or written Agreements between them that are inconsistent with this Agreement. In the event of a dispute between the parties regarding the Agreement, this Agreement will be deemed to have been drafted by the parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against any party to this Agreement. This Agreement consists of the following parts: (i) This Agreement (ii) Exhibit A Map of Federal Sacramento Ozone Nonattainment Area (iii) Exhibit B New Equipment Information Form (iv) Exhibit C Performance Requirements (v) Exhibit D Insurance Requirements (vi) Exhibit E Joint Funding Information (if applicable) (vii) Exhibit F Debarment Certification (viii) Exhibit G Levine Act Disclosure Statement (ix) Exhibit H Branding and Promotion Requirements (x) Exhibits I to Y intentionally left blank (xi) Exhibit Z Verified Information of New Equipment & (if applicable) New Termination Date for Agreement 3.29 Communications: Correspondence between SMAQMD and Participant should be addressed to the following: To SMAQMD To Participant Steffani Charkiewicz Sacramento Metropolitan AQMD 777 12th Street, Third Floor Sacramento, CA 95814-1908 Phone: (916) 201-8488 Fax (916) 874-4899 Fedolia Harris City of Sacramento 5730 24th Street, Bldg 4 Sacramento, CA 95822 Phone: (916) 808-7118 Fax: The address and/or contacts may be changed by written notice to the other party. Such written notice may be given by mail, using the U.S. Postal Service, or personal service. 3.30 Authority to Bind and Acknowledgement of Terms: The undersigned representative of Participant has read and agrees to comply with all terms and conditions in this Agreement and also affirmatively states that he or she has legal authority to bind Participant to the terms and conditions of this Agreement; including the following Disclosure Agreement:
LEVIP Participant AgreementFueling & Energy Infrastructure v.1.6 5/1/2024Rev. 05-05-2023Agreement Number: VET-24-0001Page 12 of 12 DISCLOSURE AGREEMENTThe undersigned representative of Participant affirmatively states that neither they nor any other representative of Participant will submit another application or sign another contract for the same New Equipment described in Exhibit B with any other source of funds, including but not limited to other air districts or multidistrict funding under the Carl Moyer Program.signed multiple contracts for the same New Equipment will, at a minimum, be disqualified from funding for that New Equipment from all sources, may be required to reimburse the public agencies for any monies received, and may also be banned from submitting future applications to any and all Program solicitations. In addition, ifnoncompliance or nonperformance under this agreement also constitutes a violation of the Health and Safety Code, including but not limited to the Program and it's implementing Guidelines, CARB and SMAQMD may levee fines and refer the violations for criminal enforcement. Approved by City of SacramentoDate:Leyne MilsteinAssistant City ManagerApproved by the Sacramento Metropolitan Air Quality Management DistrictDate:Alberto Ayala, Ph.D., M.S.E.Executive Director/ Air Pollution Control OfficerReviewed By:Kathrine PittardDistrict Counsel
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page A1 of A1
EXHIBIT A SACRAMENTO FEDERAL OZONE NONATTAINMENT AREA (SFNA) MAP
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B1 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008951 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B2 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008952 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B3 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008953 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B4 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008954 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B5 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008958 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B6 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008959 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B7 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008960 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B8 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008961 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B9 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008962 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B10 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008963 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B11 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008970 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B12 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008971 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B13 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008972 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B14 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008979 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B15 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008980 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B16 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008981 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B17 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008982 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B18 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008983 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B19 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008984 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B20 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008985 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B21 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV008986 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B22 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009609 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B23 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009610 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B24 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009611 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B25 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009612 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B26 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009613 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B27 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009614 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B28 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009615 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B29 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009616 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B30 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009617 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B31 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009618 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page B32 of B32 EXHIBIT B LOWER EMISSION VEHICLE INCENTIVE PROGRAM NEW EQUIPMENT INFORMATION FORM Participant must purchase and begin operation within 180 days upon Agreement execution SMAQMD Vehicle ID #: SMQV009621 . Vocation(s) (Please list all equipment uses): Equipment: INFRASTRUCTURE Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging Station Alternative Fueling Station, such as Hydrogen or Natural Gas Other: __________________ Fueling or Energy Infrastructure Manufacturer: Model: Date of Manufacturer: Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers:
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page C1 of C3 EXHIBIT C PERFORMANCE REQUIREMENTS The below listed New Equipment must meet the minimum performance requirements shown to avoid reimbursement according to Paragraph 2.8 (Reimbursements) of this Agreement SMAQMD Vehicle ID #, New Equipment Information* Equipment Serial Numbers* Minimum Annual Usage Total Usage Anticipated Annual NOx Reduction (tons) Description of Additional Performance Requirements (if applicable) Maximum Incentive Amount SMAQMD Vehicle ID #: SMQV008951 Must Report Annual Usage Must Report Annual Usage EVSE / Alternative Fueling Station does not generate any emissions reductions See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008952 See Note 1 $107,240 SMAQMD Vehicle ID #: SMQV008953 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008954 See Note 1 $110,590 SMAQMD Vehicle ID #: SMQV008958 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008959 See Note 1 $221,300 SMAQMD Vehicle ID #: SMQV008960 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008961 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008962 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008963 See Note 1 $245,410 SMAQMD Vehicle ID #: SMQV008970 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008971 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008972 See Note 1 $221,300 SMAQMD Vehicle ID #: SMQV008979 See Note 1 $14,200 LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page C2 of C3 SMAQMD Vehicle ID #: SMQV008980 Must Report Annual Usage Must Report Annual Usage EVSE / Alternative Fueling Station does not generate any emissions reductions See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008981 See Note 1 $329,120 SMAQMD Vehicle ID #: SMQV008982 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008983 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008984 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008985 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV008986 See Note 1 $298,710 SMAQMD Vehicle ID #: SMQV009609 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV009610 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV009611 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV009612 See Note 1 $29,040 SMAQMD Vehicle ID #: SMQV009613 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV009614 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV009615 See Note 1 $221,300 SMAQMD Vehicle ID #: SMQV009616 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV009617 See Note 1 $14,200 SMAQMD Vehicle ID #: SMQV009618 See Note 1 $244,850 SMAQMD Vehicle ID #: SMQV009621 See Note 1 $14,200 Total CMP: 0.00 $2,341,260 * SMAQMD will fill in information upon verification of project completion.
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page C3 of C3 Note 1: Participant must annually provide the SMAQMD with the following data for the entire term of this Agreement: (A) Qualitative description of public and private uses. (B) Annual usage per EVSE charger (e.g. kilowatt-hour) and the number of plug-in events. EVSE must have smart meters or other SMAQMD-approved usage meters installed. (C) Annual usage per Alternative Fueling Station dispenser (e.g. kilograms or standard cubic feet). (D) Any unscheduled downtime, including duration of downtime and causes of downtime.
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page D1 of D1 EXHIBIT D INSURANCE REQUIREMENTS Verification of Coverage Participant must furnish SMAQMD with certificates evidencing the coverage required below. Certified copies of required endorsements must be attached to provided certificates. All certificates are to be received and approved by SMAQMD before work commences. SMAQMD reserves the right to require Participant to provide complete, certified copies of any policy of insurance offered in compliance with these specifications. As all required insurance policies, including endorsements, affecting the coverage required by these specifications. SMAQMD will be named as additional insured and loss payee on all required insurance policies for the New Equipment funded by this Agreement. Minimum Scope of Insurance During the term of this Agreement, Participant must, at its sole expense, obtain and maintain in full force and affect the type and limits of liability requirements as follows: Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001, most recent edition). 2. 3. Verification of insurance coverage equal to the replacement costs of the New Equipment included in this project. Minimum Limits of Insurance Participant must maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Statutory. 3. Property Loss or Damage: Equal to the full replacement cost. Acceptability of Insurers and Property Insurance Manager may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of SMAQMD and the general public are adequately protected.
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page E1 of E1 EXHIBIT E JOINT FUNDING INFORMATION (IF APPLICABLE) The funding entity names and funding amounts provided by each entity are shown below.
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page F1 of F1 EXHIBIT F DEBARMENT CERTIFICATION FORM The Participant certifies that, neither the Participant nor any owner, partner, director, officer, or principal of the Participant, nor any person in a position with management responsibility or responsibility for the administration of federal funds: (a) Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency; (b) Has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Is presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or (d) Has within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default. The Participant further certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Dated this day of , 20 __________ By____________________________________________________________ Authorized Signature for Participant Hector Barron, Assistant City Manager ___________________________________________________________ Printed Name and Title City of Sacramento ___________________________________________________________ Participant and Type of Entity (Corp., Partnership, Sole Proprietor) 5730 24th Street, Bldg 4 ___________________________________________________________ Address Sacramento, CA 95822 ___________________________________________________________ City/State/Zip Code (916) 808-7118, [email protected] ___________________________________________________________ Area Code/Telephone Number and E-Mail Address
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page G1 of G1 EXHIBIT G LEVINE ACT DISCLOSURE STATEMENT government agency from participating in the award of a contract if they received political contributions totaling more than $250 in the 12 months preceding the contract award, and for three months following the final decision, from the contract recipient. This prohibition applies to contributions to the Officer, or received by the Officer on behalf of any other Officer, or on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of such contributions by a party to be awarded a specified contract. Current members of the SMAQMD Board of Directors are: (as of 1/28/2021; check for current list) Eric Guerra Sean Loloee Donald Terry Patrick Kennedy Jeff Harris Don Nottoli Mai Vang Bobbie Singh-Allen Rich Desmond Kevin Papineau Sue Frost Phil Serna Sarah Aquino Bret Daniels 1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any SMAQMD Director(s) in the 12 months preceding the date of the issuance of this request for proposal or request for qualifications? ___ YES ___ NO If yes, please identify the Director(s): _______________________________________________ 2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $250 to any SMAQMD Director(s) in the three months following the award of the contract? ___ YES ___ NO If yes, please identify the Director(s): _______________________________________________ Answering yes to either of the two questions above does not preclude SMAQMD from awarding a contract to your firm. It does, however, preclude the identified Director(s) from participating in the contract award process for this contract. DATE (SIGNATURE OF AUTHORIZED OFFICIAL) Hector Barron, Assistant City Manager (TYPE OR WRITE APPROPRIATE NAME, TITLE) City of Sacramento (TYPE OR WRITE NAME OF COMPANY)
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page H1 of H2 EXHIBIT H BRANDING AND PROMOTION REQUIREMENTS Type of Project1 Required Branding On-Road Vehicles including but not limited to EV school buses, shuttles/transit vehicles, medium- and heavy-duty trucks, bookmobiles, garbage/refuse trucks, fleet vehicles of any size, etc. The exterior of all vehicles must be branded with the appropriately for the vehicle and the size and placement of the wordmark must be approved by the District. Infrastructure including but not limited to EV charging stations, hydrogen fueling stations, etc. All infrastructure must display signage on the equipment or near high-traffic areas of the project area. The signage must display District wordmark with an indication that the project was funded by the Sac Metro Air District. The District must approve the size and location of the signage. Off-Road Vehicles and Equipment including but not limited to ATVs/UTVs, agricultural equipment including tractors, lawn and garden equipment, locomotive, etc. All equipment must display a District approved decal. The District must approve the size and location of the decals. Hand-held equipment is exempt from this branding requirement. 1 Project is defined as items funded in a single contract. Note: California Climate Investments (CCI) funded projects must comply with both District Branding and Promotion requirements as well as CCI Branding Guidelines. Required Promotion2 All Projects Immediately upon passing all post-inspections, all Participants must at minimum provide to their project manager a high-quality photo of the project for use in District communication (separate from inspection photos) and a brief written testimonial on how the project is helping their organization. A posed photo of the requirement. Participants with business social media channels, websites, and/or newsletters must also share the required photo, accompanied by acknowledgement of the communication platforms. On-Road Vehicles, Locomotives, and Infrastructure Projects over $500,000 standard boilerplate language. For projects over $2 million, the release must contain a quote provided by the District. Participant must provide a final copy of the release to the District.
LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024 Rev. 05-05-2023 Agreement Number: VET-24-0001 Page H2 of H2 EXHIBIT H (CONTINUED) BRANDING AND PROMOTION REQUIREMENTS On-Road Vehicles, Locomotives, and Infrastructure Projects over $2,000,000 -Road Vehicles, requirements, the Participant must host an event to showcase the project such as a press conference, grand opening, ribbon cutting, etc. The Participant is responsible for: submitting to the District a proposed event date at least two months in advance; providing to the District the name and contact information for the planning and coordinating the event; extending an invitation for a District representative to speak at the event; invitation list to the event; and sharing any available event photos and/or video with the District for use in the District communications. 2 District reserves the right to request revised materials if such materials do not meet minimum requirements under and news releases, are available in the . Note: Failure to comply with the Branding and Promotion requirements may result in a delay or withholding of fund disbursement. Specific requirements for District Branding and Promotion may be waived at the discretion of the District.
LEVIP Participant AgreementFueling & Energy Infrastructure v.1.6 5/1/2024Rev. 05-05-2023Agreement Number: VET-24-0001 Page Z1 of Z3 EXHIBIT ZSection (i)Verified Information of New Equipment & (if applicable) New Termination Date for Agreement Exhibit Z will be added to Agreement # VET-24-0001after the Agreement is executed and the Post-inspection identified in Paragraph 2.5.1 (Post-inspection) for each New Equipment has been completed. All information in Exhibit Z will supersede the New Equipment information in Exhibit B and the performance requirements in Exhibit C.Exhibit Z will also supersede the funding allocation for each New Equipment in Exhibit C, provided that the total contract amount does not exceed: (a) the original Total Maximum Incentive Amount identified in Exhibit C and Paragraph 2.2.1 (Payment) of the Agreement and (b) the funding for each New Equipment does not exceed the Program Guideline allowances.If the project implementation timeframe is less than the project credit life due to the date of the last New Equipment Post-inspection, then the new Agreement termination date is: ____________________. The new Agreement termination date in Exhibit Z will supersede the original Agreement termination date identified in Paragraph 2.12 (Term).Approved by City of Sacramento (SAMPLE DO NOT SIGN)Date:Hector BarronAssistant City ManagerApproved by the Sacramento Metropolitan Air Quality Management District (SAMPLE DO NOT SIGN)Date:Raef PorterProgram Manager, Transportation & Climate Change Division LEVIP Participant Agreement Fueling & Energy Infrastructure v.1.6 5/1/2024Rev. 05-05-2023Agreement Number: VET-24-0001 Page Z2 of Z3 EXHIBIT ZSection (ii)NEW EQUIPMENT INFORMATION FORMSMAQMD Vehicle ID #: .Vocation(s) (Please list all equipment uses): Equipment: Project Type: Equipment Location Address: Infrastructure Category (select one): Electric Vehicle Supply Equipment (EVSE) / Battery Charging StationAlternative Fueling Station, such as Hydrogen or Natural GasOther: __________________Fueling or Energy InfrastructureManufacturer: Model: Date of Manufacturer:Serial Number: Fleet Identification Number: Meter Reading: Amperage/Voltage (if applicable): Equipment Recharge Rate (if applicable): Number of Ports / Dispensers: