City of Wasco City Council Meeting Agenda, August 2, 2022 .
Pu
rsuant to the Governor's Executive Order N- 08-21, the City Council Members and staff may choose to participate in person or by video conference. The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Zoom Webinar. The Public may participate via the following options:
1. At
tending in person: All attendees are encouraged to wear a face-covering at all times while in the Council Chambers or City Hall. Please maximize spacing by utilizing all seating in the Chambers.
2. Me
mbers of the public can view the City Council meetings live on the city’s website: https://www.cityofwasco.org/306/city-council-meeting-videos,
3. Pu
blic comments regarding matters on the agenda may be made in person or via email. If you wish to comment on a specific agenda item, submit your comment via email to [email protected] no later than 4:00 p.m. August 2, 2022. Please clearly indicate which agenda item number your comment pertains to. If you wish to make a general public comment not related to a specific agenda item, submit your comment via email to
[email protected] no later than 4:00 p.m. August 2, 2 022.
Ev
ery effort will be made to read your comment into the record; however, they are limited to two (2) minutes. If a comment is received after the specific time mentioned above but before the meeting is adjourned, the comment will still be included as a part of the record of the meeting but will not be read into the record.
REGULAR MEETING – 6:00 pm
1) CA
LL TO ORDER: Mayor Reyna
2) RO
LL CALL: Mayor Reyna, Mayor Pro Tem Pallares, Council Members: Garcia, Lynch, Martinez
3) FLA
G SALUTE: by Wasco Bengals Cheer
4) INV
OCATION: by Manuel Cantu, Lifehouse Church
AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority
Tuesday, August 2, 2022 – 6:00 pm.
Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org
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City of Wasco City Council Meeting Agenda, August 2, 2022 5) PRESENTATIONS:
a. A Recognition for the Wasco Bengals Cheer
6) PU
BLIC COMMENTS:
This portion of the meeting is reserved for persons desiring to address the Council and including the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda and over which the Council and Successor Agency have jurisdiction. Speakers are limited to two (2) mi nutes. A maximum of Thirty (30) minutes will be allowed for any one subject. Please state your name for the record before making your
presentation.
BR
OWN ACT REQUIREMENTS: The Brown Act does not allow action or Discussion on items, not on the agenda (subject to narrow ex ceptions). This will limit a Councilmember’s response to questions and requests made during this comment period. 7) SUC
CESSOR AGENCY BUSINESS: NONE
8) WA
SCO PUBLIC FINANCE AUTHORITY BUSINESS: NONE
CITY
COUNCIL BUSINESS:
9) CONSENT CALENDAR:
The Consent Calendar consists of items that, in the staff 's opinion, are routine and non- controversial. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item. a. Receive and file department payments totaling $1,499,833.65. b. Rece
ive and File the Investment Report for the month ended June 30, 2022. c. Ad
opt a Resolution to Authorize the City to Implement Teleconference Public Meetings Pursuant to Assembly Bill (“AB”) 361, Allowing the City to Continue a Hybrid Virtual Meeting Environment.
d. Ad
opt a Resolution Authorizing the City Manager or his designee to execute the amended EV Ready Communities Memorandum of Understanding (MOU) between Kern COG and City of Wasco as funded by the California Energy Commission ARV-20-0101 for Level 3 DC Fast Chargers AND Budget Amendment. e. Ad
opt and Waive the Second Full Reading by title only of An Ordinance of the City of Wasco Amending Title 9 “Public Peace, Morals, and Welfare” of the City of Wasco Municipal Code, Chapter 9, to Establishing Regulations Prohibiting the Unlawful Possession of a Catalytic Converter and Making a D etermination of Exemption Under CEQA.
f. Ad
opt a Resolution Authorizing the City Manager or his designee to approve a purchase order in the amount of $79,221.28 to purchase two Hybrid SUV’s for Code Enforcement and Building Department Vehicle Replacement and make a Budget Amendment to the Adopted FY 2022 -2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022-2023.
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City of Wasco City Council Meeting Agenda, August 2, 2022 g. Adopt a Resolution Authorizing the City Manager or his designee to execute a purchase contract with Bermingham Controls, Inc. in the amount of $72,281.67 to purchase digester gas valve replacements and make a budget amendment to the Adopted FY 2022- 2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022-2023.
h. Ad
opt a Resolution Authorizing the City Manager or his Designee to Sign and Execute a Purchase Agreement, Master Subscription Agreement, and to Authorize a purchase order for two Level 3 DC Fast Chargers in the amount of $163,151.01 with Chargepoint Inc.
i. Au
thorize the City Manager or his designee to sign the engageme nt letter s of Badawi & Associates for Audit and Accounting Services for the Fiscal Year 2021-22 for an Estimated Cost of $41,085.
j. Ad
opt a Resolution Authorizing the City Manager or his Designee to Make a Budget Amendment to the Adopted FY 2022 -2023 Capital Improvement Plan and sign a Purchase order in the amount of $5,094.67 to purchase landscape equipment from Kern River Power Equipment.
k. Ad
opt a Resolution A uthorizing the City Manager or his Desig nee to Sign and Execute a Purchase Agreement, Master Subscription Agreement, and Authorize a purchase order of two level 3 DC fast Chargers and two level 2 chargers in the amount of $1 86,674.50 with Chargepoint Inc. to be utilized by the Transit Department and Make a Budget Amendment to the Adopted FY 2022 -2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022- 2023.
10) PU
BLIC HEARINGS: None
11) DEF
ERRED BUSINESS: None
12) NEW B
USINESS:
a. Adopt A Resolution Authorizing the City Manager or Designee to Appropriate Coronavirus State and Local Fiscal Recovery Funds Under the American Rescue Plan Act of 2021 (ARPA) for the Execution of a Professional Services Agreement with Retail Strategies, LLC. to Provide Business Development Consulting incl uding Retail Recruitment, Downtown/HWY 46 Five Year Strategic Plan, and Retail Academy/Training. (Lara)
13) REP
ORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Martinez & Reyna)
14) REPORTS FROM KC FIRE AND SHERIFF:
a. Kern County Fire Department (Appleton)
b. Ke
rn County Sheriff Department (Shinn)
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City of Wasco City Council Meeting Agenda, August 2, 2022 15) REPORTS FROM THE CITY MANAGER:
16) REPO
RTS FROM THE CITY COUNCIL:
17) CLO
SED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: claim from Veronica Espinosa 18) CLOSED SESSION ACTION:
19) ADJO
URNMENT:
This i
s to certify that this agenda was posted at Wasco City Hall on July 29, 2022, on/or before 6:00 p.m. The agenda is also available on the City website at www.cityofwasco.org _____________________
_________________
Maria O. Martinez, City Clerk
All agenda item supporting documentation is available for public review o n the city website www.cityofwasco.org and the office of the City Clerk of the City of Wasco, 746 8 th Street, Wasco, CA 93280 during regular business hours, 7:30 am – 5:00 pm Monday through Thursday and 8–5 pm Friday (closed alternate Friday's), following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting. Please remember to turn off all cell phones, pagers, or electronic devices during Council meetings.
The City of Wasco does not discriminate on the basis of disability in the access to, provision of, or employment in its programs and activities pursuant to 29 United States Code Section 12132 and California Civil Code Section 54.
Information regarding the rights provided under the Americans with Disabilities Act (ADA) may be obtained from the City Clerk's Office.
If
you need special assistance to participate in this meeting, please contact the City Clerk 's Office at (661) 758- 7215 to make reasonable arrangements to ensure accessibility to this meeting. Telephone (661) 758- 7215 Requests for assistance should be made at least two (2) days in advance whenever possible. 4 of 252
WARRANTS AMOUNTS
G071322 27,158.02
A071122 12,197.25
A071322 7,001.52
G071122 219,831.44
G072022 65,536.34
A072022 8,877.72
G071822 1,123,623.49
WF063022 35,607.87 Verified By:
Grand Tota l 1,499,833.65 Finance Director
AB C D E F G
WARRANT VENDOR NAM E VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 1 G071322 ADMINISTRATIVE SOLUTIONS-FRESN O 2208 A102507 8 23705 JUL 2022:MONTHLY MEDICAL ADMIN FEE S 1,402.50 2 G071322 AMERICAN REFUSE IN C 183 242395 23707 JULY-SEPT 2022: 801 8TH ST - RECYCLE CAR T 21.51 3 G071322 AMERICAN REFUSE IN C 183 243139 23707 JULY 2022: 801 8TH ST - 3YD BIN RECYCL E 104.10 4 G071322 AMERICAN REFUSE IN C 183 24239 6 23707 JULY-SEPT 2022: 746 8TH ST - RECYCLE CAR T 21.51 5 G071322 AMERICAN REFUSE IN C 183 24314 0 23707 JUL 2022:RECYCLING SRVCS @764 E S T 104.10 6 G071322 CALLTOWER, INC 5098 20109931 2 23711 JUL 2022: PHONE SERVICE S 50.16 7 G071322 COUNTRY AUTO & TRUCK, INC . 3008 73559 0 23712 DAR #60: BRAKE ROTOR, BRAKEPAD, PADSE T 548.78 8 G071322 COUNTRY AUTO & TRUCK, INC . 3008 735597 23712 REFRIGERANT FOR ALL CITY VEHICLE S 342.06 9 G071322 COUNTRY AUTO & TRUCK, INC . 3008 735605 23712 TOOL #GEN: PLASTIC TRUCK DRAI N 475.21 10 G071322 COUNTRY AUTO & TRUCK, INC . 3008 73562 4 23712 STREET #76: 3 NEW BATTERIE S 525.57 11 G071322 KNIGHT'S PUMPING & PORTABLE SERVICE, IN C 1075 000013520 0 23717 6/28/22-7/25/22 5401 7TH ST PORTABLE TOILE T 74.68 12 G071322 VERIZON CONNECT FLEET USA LL C 5662 32100002911 5 23721 JUL 2022: 44 GPS VEHICLE SRVC S 767.80 13 G071322 CHARTER COMMUNICATION S 68 06416240206302 2 23710 INTERNET SRVCS 06/28/22-07/27/22 FOR COW-C H 226.68 14 G071322 GARDAWORLD 4266 1069913 6 23714 JUL 2022: ARMORED CAR SRVC S 446.67 15 G071322 BAKER SUPPLIES AND REPAIR S 5704 7526 23709 PROJECT#21011 LAWN MOWER: EXMARK LAZER E-SERIE S 11,800.00 16 G071322 ADVANTAGE ANSWERING PLU S 2564 000025-712-511 23706 JUL 2022: ANSWERING SERVICE S 420.98 17 G071322 APWA 5020 2022-2023 MEMBERSHI P 23708 7/1/22 TO 6/30/23 MEMBERSHIP RENEWAL FOR P W 1,295.00 18 G071322 COUNTY OF KER N 218 IN046245 2 23713 WWTP ANNUAL FEES: BUS PLAN, SATER SERV, SMALL HA Z 364.00 19 G071322 KERN COUNTY AUDITOR-CONTROLLER COUNTY CLER K 27 FY 2022-202 3 23715 FY 22/23 RECOVERY OF LAFCO'S OPERATING COST S 4,761.00 20 G071322 KERN MACHINERY 4011 101-97112 1 23716 STREET #107: FAN 15.46 21 G071322 LIEBERT CASSIDY WHITMOR E 2269 22078 0 23718 ERC MEMBERSHIP 07/01/22-06/30/2 3 1,610.00 22 G071322 M & S SECURITY SERVICE S 4445 8159 6 23719 Q3 2022 ALRM MNTR-CITY HAL L 135.00 23 G071322 M & S SECURITY SERVICE S 4445 8159 4 23719 Q3 2022 ALRM MNTR-WW T 330.00 24 G071322 M & S SECURITY SERVICE S 4445 8159 8 23719 Q3 2022 ALRM MNTR-P W 135.00 25 G071322 M & S SECURITY SERVICE S 4445 81593 23719 Q3 2022 ALRM MNTR-ANIMAL CONTRO L 165.00 26 G071322 M & S SECURITY SERVICE S 4445 81597 23719 Q3 2022 ALRM MNTR-FIN & PLA N 135.00 27 G071322 M & S SECURITY SERVICE S 4445 81595 23719 Q3 2022 ALRM MNTR-COURT HOUS E 165.00 28 G071322 M & S SECURITY SERVICE S 4445 8166 0 23719 Q3 2022 ALRM MNTR-SHOP MAI N 135.00 29 G071322 M & S SECURITY SERVICE S 4445 81659 23719 Q3 2022 ALRM MNTR-SHOP MAI N 135.00 30 G071322 PETERSON AUTO SUPPL Y 152 7417-24388 1 23720 DAR #60: DISC BRAK E 445.25 31 G071322 Total 27,158.02
32 A071122 ADMINISTRATIVE SOLUTIONS-FRESN O 2208 06/28/2 2 5201 MEDICAL CHECK RUN 06/28/2 2 12,197.25 33 A071122 Total 12,197.25
34 A071322 ADMINISTRATIVE SOLUTIONS-FRESN O 2208 07/07/2 2 5202 MEDICAL CHECK RUN 07/07/2 2 7,001.52 35 A071322 Total 7,001.52
36 G071122 PG & E COMPAN Y 85 00018110454- 9 23700 UB NW NE SE 92724 SOLAR PLANT-ANIMAL CONTROL MAY2 2 55.72 37 G071122 PG & E COMPAN Y 85 07511140290 06/29/2 2 23700 UB COW VEHICLES PARKING 1400 J ST 06/29/2 2 236.05 38 G071122 PG & E COMPAN Y 85 35931967851 06/30/2 2 23700 UB NW NE SE 9 27 24 GEN-ANNEX BUILDING 06/02-06/3 0 195.79 39 G071122 PG & E COMPAN Y 85 44600014086 06/30/2 2 23700 UB CENTRAL AVE & HWY 46 NW 06/30/2 2 99.34 40 G071122 PG & E COMPAN Y 85 54155040196 06/30/2 2 23700 UB CENTRAL AVE & HWY 46 NW FLASHING BEACON 6/30/2 2 13.31 41 G071122 PG & E COMPAN Y 85 87027247011 06/30/2 2 23700 UB AGRICULTURE 06/30/2 2 733.24 42 G071122 PG & E COMPAN Y 85 28673832979 06/29/2 2 23700 UB 747 G ST WELL #14 06/29/2 2 26,960.54 43 G071122 INFO SEND, INC . 4244 215132 23696 ADDITIONAL POSTAGE DEPOSIT ADJUSTED ANNUAL REVIE W 1,276.08 44 G071122 ROBERT HALF 4814 60311071 23701 TEMP E. RAMIREZ 06/27/22-07/01/2 2 1,515.88 45 G071122 PACE ANALYTICAL SERVICES, IN C 5694 B452117 23699 WW SAMPLE TEST: 6/16/22 INFLUENT MONITORIN G 76.02 Council meeting : Aug 02, 2022
Bill Pay
1o f5
Digitally signed by: Isarel
Perez-Hernandez
DN: CN = Isarel Perez-
Hernandez email =
[email protected] C =
US O = City of Wasco
Date: 2022.07.27 09:46:17 -
08'00'
Isarel
Perez-
Hernandez
5 of 252
AB C D E F G
WARRANT VENDOR NAM E VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 46 G071122 PACE ANALYTICAL SERVICES, IN C 5694 B452166 23699 WTR SAMPLE TEST: 6/14/22 WELL #8,#10,#12 DWPDIST1 2 45.61 47 G071122 PACE ANALYTICAL SERVICES, IN C 5694 B452167 23699 WTR SAMPLE TEST: 6/14/22 BACTERIOLOGICAL DWPDIST1 2 91.22 48 G071122 PACE ANALYTICAL SERVICES, IN C 5694 B452311 23699 WW SAMPLE TEST: 6/23/22 INFLUENT MONITORIN G 76.02 49 G071122 PACE ANALYTICAL SERVICES, IN C 5694 B452451 23699 WTR SAMPLE TEST: 6/28/22 WELL #10 DRINK WTR CLI P 13.03 50 G071122 PACE ANALYTICAL SERVICES, IN C 5694 B452512 23699 WTR SAMPLE TEST: 6/21/22 BACTERIOLOGICA L 106.43 51 G071122 PACE ANALYTICAL SERVICES, IN C 5694 B452605 23699 WTR SAMPLE TEST: 6/23/22 WELL #11,#8,#7,#12,#14 C L 298.65 52 G071122 SCHROETER, THOMAS F . 2732 JUN 202 2 23702 JUN 2022: LEGAL SERVICE S 15,023.75 53 G071122 HOLLOWAY ENVIRONMENTAL SOLUTIONS, LLC 2651 1893 23695 JUNE BIOSOLID LOAD S 2,388.21 54 G071122 GENERAL OFFICE MACHINE COMPAN Y 1195 19162 23694 COPIER METER READING 6/1-7/01/2 2 758.25 55 G071122 GENERAL OFFICE MACHINE COMPAN Y 1195 1887 8 23694 CARTRIDGE TO SP 5200H A 195.76 56 G071122 BANK UP CORPORATIO N 4259 5158 23690 JUN 2022: LOCKBOX PROCESSIN G 652.25 57 G071122 CALIFORNIA SAFETY TRAINING CORPORATIO N 1711 10764 4 23691 06/22/22 PESTICIDE HAZARDOUS COMMUNICATION TRNG-P W 935.00 58 G071122 CEN-CAL CONSTRUCTIO N 3848 2176-03 23692 PROJECT #21015 5/1/22-5/31/22: PEDESTRIAN SAFETY IMPROVEMENT S 136,296.94 59 G071122 CITY OF WASCO/PUBLIC TRANSI T 1683 10167 23693 JUN 2022: CNG FUEL - TRANSPORTATIO N 95.31 60 G071122 CITY OF WASCO/PUBLIC TRANSI T 1683 1016 8 23693 JUN 2022: CNG FUEL - SANITATIO N 4,908.23 61 G071122 KERN COUNTY WASTE MANAGEMENT DEPT 19 LANDFILL JUN 202 2 23697 JUN 2022: LANDFILL FEE S 13,731.52 62 G071122 KERN PLUMBING & BACK FLOW SERVICES IN C 173 12207 23698 2022: 1ST & 2ND QTR CROSS CONNECTION PROGRA M 3,000.00 63 G071122 SOUTHERN CALIFORNIA GAS COMPAN Y 1438 06/01/22-07/01/2 2 23703 CNG FUEL BILL 06/01/22-07/01/2 2 6,904.79 64 G071122 WASCO VETERINARY CLINI C 4770 JUN 202 2 23704 JUNE 2022: VET SERVICES 3,148.50 65 G071122 Total 219,831.44
66 G072022 CINTAS CORPORATION NO. 3 4480 412548547 5 23774 UNIFORM SERVICES 07/15/2 2 237.04 67 G072022 CINTAS CORPORATION NO. 3 4480 412414500 5 23774 UNIFORM SERVICES 07/01/2 2 266.84 68 G072022 CINTAS CORPORATION NO. 3 4480 412474254 4 23774 UNIFORM SERVICES 07/08/2 2 374.52 69 G072022 FED EX 123 7-820-5984 5 23780 FREIGHT SERVICES 07/14/2 2 313.79 70 G072022 AFFINITY TRUCK CENTE R 405 F013247453:0 1 23769 DISPOSAL #21: A/C CONTROL UNI T 461.08 71 G072022 ALEXANDER'S CONTRACT SERVICES, INC . 3828 20220719059 0 23770 7/14/22 to 7/19/22: WTR METER READING SERVIC E 6,381.09 72 G072022 AMAZON CAPITAL SERVICES, IN C 4968 1NK3-149H-YMF 7 23771 PENCIL HOLDER WITH PENCIL FOR BUILDING 10.80 73 G072022 AMAZON CAPITAL SERVICES, IN C 4968 1HTP-6PRJ-94J Y 23771 PITOT GAUGE KI T 243.54 74 G072022 ROBERT HALF 4814 60355096 23789 TEMP E. RAMIREZ 07/08/1 5 1,502.30 75 G072022 ROBERT HALF 4814 60386063 23789 TEMP E. RAMIREZ WE 07/15/2 2 1,534.34 76 G072022 UNIVERSAL URGENT CARE & OCCUPATIONAL MEDICINE IN C 5268 EM01200 9 23795 PHYSICAL DOT 07/13/2 2 90.00 77 G072022 CITY OF WASCO-UB PAYMENT S 1875 676542 23775 UB 810 8TH ST 07/01/22-07/31/22 15.80 78 G072022 CITY OF WASCO-UB PAYMENT S 1875 67658 0 23775 UB 764 E ST 07/01/22-07/31/22 182.21 79 G072022 COUNTRY AUTO & TRUCK, INC . 3008 735805 23776 WATER WELL #12: 2 NEW BATTERIE S 526.07 80 G072022 PACE ANALYTICAL SERVICES, IN C 5694 B453007 23786 WTR SAMPLE TEST: 7/5/22 BACTERIOLOGICA L 106.43 81 G072022 PACE ANALYTICAL SERVICES, IN C 5694 B453213 23786 WTR SAMPLE TEST: 7/5/22 WELL #10 DRINK WTR CLI P 10.86 82 G072022 PACE ANALYTICAL SERVICES, IN C 5694 B453094 23786 WTR SAMPLE TEST: 7/7/22 BACTERIOLOGICA L 121.63 83 G072022 PACE ANALYTICAL SERVICES, IN C 5694 B453163 23786 WTR SAMPLE TEST: 7/6/22 WELL #10 DRINK WTR CLI P 21.72 84 G072022 PACE ANALYTICAL SERVICES, IN C 5694 B453361 23786 WTR SAMPLE TEST: 7/8/22 WELL #10 DRINK WTR CLI P 10.86 85 G072022 PACE ANALYTICAL SERVICES, IN C 5694 B453640 23786 WW SAMPLE TEST: 7/12/22 COMPOSITE INFLUEN T 76.02 86 G072022 PACE ANALYTICAL SERVICES, IN C 5694 B453699 23786 WTR SAMPLE TEST: 7/12/22 BACTERIOLOGICA L 91.22 87 G072022 PACE ANALYTICAL SERVICES, IN C 5694 B453730 23786 WTR SAMPLE TEST: 7/11/22 WELL #10 DRINK WT R 21.72 88 G072022 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRIC T 1198 S164831 23791 S EC O R N E RO FI R I S&G R I F F I T H :2 2 / 2 3A N N U A LP TO 290.00 89 G072022 CHARTER COMMUNICATION S 68 07726140107102 2 23773 INTERNET SRVCS 07/09/22-08/08/22 FOR SHERIFF SU B 162.96 90 G072022 DIAMOND TECHNOLOGIES, INC . 2724 31526 23779 2Y e a rw i l dc a r dc e r t i f i c a t ec i . w a s c o . c a . us 1,216.39 91 G072022 READYREFRESH BY NESTL E 4027 22G001861343 0 23788 6/15/22 TO 7/15/22: 5410 7TH ST WTR DRINK SERVIC E 134.81 92 G072022 THE SHAFTER PRESS/ WASCO TRIBUN E 4787 2557 23792 MULTIPLE EMPLOYMENT OPPORTUNITIE S 96.00 93 G072022 THE SHAFTER PRESS/ WASCO TRIBUN E 4787 2536 23792 PRJ#22012 HISTORIC DWNTWN BUS DIST:LANDSCAPE & ENGINEERIN G 144.00 94 G072022 COUNTY OF KER N 218 IN046206 7 23777 801 8TH ST: ANNUAL FEES BUS PLAN, HAZ WASTE GE N 364.00 95 G072022 COUNTY OF KER N 218 IN046801 1 23777 WELL #12: ANNUAL FEES BUS PLA N 184.00 96 G072022 COUNTY OF KER N 218 IN046801 2 23777 WELL #5: ANNUAL FEES BUS PLA N 184.00 97 G072022 COUNTY OF KER N 218 IN046801 3 23777 WELL #11: ANNUAL FEES BUS PLA N 184.00 98 G072022 COUNTY OF KER N 218 IN046801 4 23777 WELL #12: ANNUAL FEES BUS PLA N 184.00 99 G072022 COUNTY OF KER N 218 IN046801 5 23777 WELL #8: ANNUAL FEES BUS PLA N 184.00 100 G072022 COUNTY OF KER N 218 IN046801 6 23777 WELL #7: ANNUAL FEES BUS PLA N 184.00 101 G072022 COUNTY OF KER N 218 IN046801 7 23777 WELL #10: ANNUAL FEES BUS PLA N 184.00 102 G072022 COUNTY OF KER N 218 IN046406 6 23777 GREEN WASTE SITE: ANNUAL FEES LIMITED VOL TRANSFE R 5,135.00 103 G072022 ACME ROTARY BROOM SERVIC E 1291 1978 202 2 23768 1 MAIN BROOM, 5 SETS BUTTER BROOM FOR SWEEPER S 1,480.19 104 G072022 BADAWI & ASSOCIATE S 5675 1251 23772 FY 2022 AUDIT PROGRESS BILLING # 1 18,488.25 105 G072022 CUMMINS INC 376 Y8-2414 0 23778 WELL #12 REPAIRS 1,334.36 106 G072022 KAISER FOUNDATION HEALTH PLAN IN C 4757 19963190119 4 23781 AUG 2022: INS. PREMIU M 278.03 107 G072022 KWUN FUNG CHEN G 5780 17257 - 015015075 1 23782 RFND CREDIT CLOSED ACCT 15075 CENTRAL VALLE Y 63.83 108 G072022 KWUN FUNG CHEN G 5780 17257-015015075 1 23782 RFND CREDIT CLOSED ACC T 63.83 109 G072022 KWUN FUNG CHEN G 5780 17257- 015015075 1 23782 RFND CREDIT CLOSED ACC T 31.91 110 G072022 KWUN FUNG CHEN G 5780 17257-015015075 0 23782 RFND CREDIT CLOSED ACC T 362.95 111 G072022 LAIRD TUCKER 5783 2513-033500941 0 23783 RFND CREDIT CLOSED ACC T 23.30 112 G072022 LAV CONSULTING & ENGINEERING, IN C 5693 990-0 6 23784 PROJECT#22013-2 CENTRAL AVE PARK URBAN GREEN GRAN T 12,280.00 2o f5
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AB C D E F G
WARRANT VENDOR NAM E VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 113 G072022 MARIA VEGA 5782 1251-041001308 0 23785 RFND CREDIT CLOSED ACC T 92.22 114 G072022 MARIA VEGA 5782 1251-0410013080 . 23785 RFND CREDIT CLOSED ACC T 80.50 115 G072022 PAULA SANCHEZ 5781 13327-023001876 0 23787 RFND CREDIT CLOSED ACC T 121.38 116 G072022 RUPERTO & LETICIA LAR A 5784 1251-0410013080 23790 RFND CREDIT CLOSED ACC T 133.66 117 G072022 RUPERTO & LETICIA LAR A 5784 1251-0410013080. 23790 RFND CREDIT CLOSED ACC T 155.70 118 G072022 TLC ANIMAL REMOVAL SERVICE S 5195 000149 9 23793 JULY 2022: 2 CHEST FREEZER DISPOSAL PICK U P 800.00 119 G072022 TYLER TECHNOLOGIES, IN C 1064 045-383535 23794 08/13/22-08/12/22 SYSTEM MANAGEMENT SRVCS SUPPOR T 8,315.19 120 G072022 Total 65,536.34
121 A072022 ADMINISTRATIVE SOLUTIONS-FRESN O 2208 07/12/2 2 5203 MEDICAL CHECK RUN 07/12/2 2 1,701.62 122 A072022 METROPOLITAN LIFE INSURANCE COMPAN Y 4932 TS05954057 AUG 2 2 5204 AUG 22: INS. PREMIU M 7,176.10 123 A072022 Total 8,877.72
124 G071822 CINTAS CORPORATION NO. 3 4480 412277523 1 23729 UNIFORM SERVICES 06/17/2 2 277.51 125 G071822 FED EX 123 7-805-5818 9 23739 FREIGHT SERVICES 06/30/2 2 76.89 126 G071822 PG & E COMPAN Y 85 02579048568 06/30/2 2 23752 UB 2692 GRAPEVINE LN 06/10/22-07/11/2 2 13.20 127 G071822 PG & E COMPAN Y 85 21147131763 06/30/2 2 23752 UB STREET LIGHT TRACT 7311-4 ON FILLBURN 06/30/2 2 22.49 128 G071822 PG & E COMPAN Y 85 29915249253 6/30/2 2 23752 UB 810 8TH ST COURTHOUSE 06/30/2 2 156.82 129 G071822 PG & E COMPAN Y 85 27677027560 06/30/2 2 23752 UB 603 PALM AVE 06/30/2 2 10.84 130 G071822 PG & E COMPAN Y 85 20533184923 06/30/2 2 23752 UB SW SE SE 11 27 24 N/S POSO .25M W/O PALM 06/10 / 18,510.74 131 G071822 PG & E COMPAN Y 85 34334121893 06/30/2 2 23752 U B2 5 'N / OF I L B U R NO NB E C K E S0 6 / 3 0 / 22 11.02 132 G071822 PG & E COMPAN Y 85 83658717562 06/30/2 0 23752 UB ANNEX PARKING LIGHT 06/14/2 2 12.16 133 G071822 PG & E COMPAN Y 85 87027247011 6/30/22 . 23752 UB ANNEX PARKING LIGHT 06/30/202 2 422.73 134 G071822 PG & E COMPAN Y 85 58161952393 06/30/2 2 23752 UB MCCOMBS &GRIFFITH SE COR WATER WELL#12 6/9-7/1 0 6,467.39 135 G071822 PG & E COMPAN Y 85 07051823859 06/30/2 2 23752 UB 501 F ST 06/30/22 1,009.77 136 G071822 QUADIENT FINANCE USA,IN C 1844 5408 JUN 22 23754 JUN 2022: POSTAGE 601.00 137 G071822 BHT ENGINEERING, IN C 5134 22-315 23727 GENERAL ENGINEERING: 6/1/22 TO 6/30/2 2 1,310.00 138 G071822 BHT ENGINEERING, IN C 5134 22-318 23727 2022 LLMD, CFD & PSDS: 6/1/22 TO 6/30/2 2 19,790.00 139 G071822 BHT ENGINEERING, IN C 5134 22-319 23727 QAP UPDATE: 6/1/22 TP 6/30/2 2 545.00 140 G071822 BHT ENGINEERING, IN C 5134 22-320 23727 GROCERY OUTLET PLAN CHECK: 6/1/22 TO 6/30/2 2 2,345.00 141 G071822 BHT ENGINEERING, IN C 5134 22-322 23727 N. POPLAR APARTMENTS: 6/1/22 TO 6/30/2 2 2,045.00 142 G071822 BHT ENGINEERING, IN C 5134 22-316 23727 PRJ#21014 CMAQ PALM AVE: 6/1/22 TO 6/30/2 2 5,113.30 143 G071822 BHT ENGINEERING, IN C 5134 22-317 23727 PRJ#21013 RSTP PALM AVE: 6/1/22 TO 6/30/2 2 10,962.50 144 G071822 INFO SEND, INC . 4244 215870 23743 STATEMENTS & RETENTIONS DATA PROCESSING/PRINT/MAIL PREP SERVICE S 2,965.70 145 G071822 PHOENIX GROUP INFORMATION SYSTEM S 4913 06202223 9 23753 JUN 2022: CITATIONS FEES & SRVC S 342.57 146 G071822 SWAGIT PRODUCTIONS, IN C 5178 20832 23761 JUN 2022: VIDEO STREAMING SERVICE S 1,435.00 147 G071822 THE GAS COMPAN Y 246 08331820137 JUNE 2 2 23764 06/10/22-07/12/22 COURTHOUSE 757 F S T 24.22 148 G071822 THE GAS COMPAN Y 246 08961820373 JUN 202 2 23764 06/10/22-07/12/22 CITY YARD 845 F S T 15.78 149 G071822 THE GAS COMPAN Y 246 08121820008 JUN 202 2 23764 06/10/22-07/12/22 SHERIFF'S 748 F S T 2.11 150 G071822 UNIVERSAL URGENT CARE & OCCUPATIONAL MEDICINE IN C 5268 EM01189 2 23765 PHYSICAL POST-OFFER 06/28/2 2 45.00 151 G071822 CITY OF WASCO-UB PAYMENT S 1875 674737 23731 UB 810 8TH ST 05/15/22-06/15/22 56.44 152 G071822 CITY OF WASCO-UB PAYMENT S 1875 674739 23731 UB 801 8TH ST 05/15/22-06/15/22 91.52 153 G071822 CITY OF WASCO-UB PAYMENT S 1875 674777 23731 UB 1445 12TH STREET (SAL) 05/15/22-06/15/2 2 46.32 154 G071822 CITY OF WASCO-UB PAYMENT S 1875 675089 23731 UB 800 BLK CENTRAL 05/15/22-06/15/2 2 91.52 155 G071822 CITY OF WASCO-UB PAYMENT S 1875 675092 23731 UB 1100 CENTRAL AVE LLMD 05/15/22-06/15/2 2 91.52 156 G071822 CITY OF WASCO-UB PAYMENT S 1875 67509 4 23730 UB 1500 BLK OF CENTRAL 05/15/22-06/15/2 2 314.78 157 G071822 CITY OF WASCO-UB PAYMENT S 1875 67522 8 23730 UB 764 E STREET (ANNEX) 05/15/22-06/15/2 2 121.56 158 G071822 CITY OF WASCO-UB PAYMENT S 1875 67529 4 23730 UB 847 F STREET (PW SHOP) 05/15/22-06/15/2 2 121.56 159 G071822 CITY OF WASCO-UB PAYMENT S 1875 67533 4 23730 UB 1300 BLK FILBURN 05/15/22-06/15/2 2 440.12 160 G071822 CITY OF WASCO-UB PAYMENT S 1875 675715 23730 UB NW MAPLE/MARGALO LLMD 2006-1 05/15/22-06/15/2 2 91.52 161 G071822 CITY OF WASCO-UB PAYMENT S 1875 67571 6 23730 UB MAPLE/GROMER LLMD 2006-1 05/15/22-06/15/2 2 970.87 162 G071822 CITY OF WASCO-UB PAYMENT S 1875 675759 23730 UB 2700 BLK MONDAVI CT 05/15/22-06/15/2 2 91.52 163 G071822 CITY OF WASCO-UB PAYMENT S 1875 675823 23730 UB 1500 BLOCK OF PALM 05/15/22-06/15/2 2 91.52 164 G071822 CITY OF WASCO-UB PAYMENT S 1875 675831 23730 UB 2100 BLK PALM 05/15/22-06/15/2 2 91.52 165 G071822 CITY OF WASCO-UB PAYMENT S 1875 675833 23730 UB 400 N BLOCK OF PALM LLMD 2006-1 05/15/22-06/15/2 2 91.52 166 G071822 CITY OF WASCO-UB PAYMENT S 1875 675835 23730 UB 1700 BLK OF PALM #A 05/15/22-06/15/2 2 116.10 167 G071822 CITY OF WASCO-UB PAYMENT S 1875 67586 0 23730 UB 1200 BLK PECAN ST 05/15/22-06/15/2 2 91.52 168 G071822 CITY OF WASCO-UB PAYMENT S 1875 675863 23730 UB PENELOPE LLMD 2006-1 05/15/22-06/15/2 2 91.52 169 G071822 CITY OF WASCO-UB PAYMENT S 1875 675931 23730 UB 1700 BLK POPLAR 05/15/22-06/15/2 2 91.52 170 G071822 CITY OF WASCO-UB PAYMENT S 1875 675932 23730 UB 1700 BLK POPLAR #A 05/15/22-06/15/2 2 91.52 171 G071822 CITY OF WASCO-UB PAYMENT S 1875 67598 8 23730 UB 2500 BLK OF POSO DR. LLMD6- 05/15/22-06/15/2 2 91.52 172 G071822 CITY OF WASCO-UB PAYMENT S 1875 675992 23730 UB 2700 BLK OF POSO AVE LLMD06-01 05/15/22-06/15/ 2 91.52 173 G071822 CITY OF WASCO-UB PAYMENT S 1875 676023 23730 UB PALM N. PROSPERITY 2006-1 05/15/22-06/15/2 2 98.77 174 G071822 CITY OF WASCO-UB PAYMENT S 1875 67615 8 23730 UB 1700 BLK OF MARGALO 05/15/22-06/15/2 2 91.52 175 G071822 CITY OF WASCO-UB PAYMENT S 1875 67635 6 23730 UB 1300 BLK OF WILLOW 05/15/22-06/15/2 2 91.52 176 G071822 COUNTRY AUTO & TRUCK, INC . 3008 735075 23733 DAR #63: IGNITION COIL AND OIL FILTE R 404.31 177 G071822 JEFFRIES BROS., IN C 140 109907C T 23745 JUN 2022: FUEL SERVICE S 19,526.66 178 G071822 PACE ANALYTICAL SERVICES, IN C 5694 B452636 23751 WW SAMPLE TEST: 6/21/22 INFLUENT MONITORIN G 166.16 179 G071822 PACE ANALYTICAL SERVICES, IN C 5694 B452692 23751 WTR SAMPLE TEST: 6/20/22 WELL #10 DRINK WTR CLI P 26.06 3o f5
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WARRANT VENDOR NAM E VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 180 G071822 PACE ANALYTICAL SERVICES, IN C 5694 B452711 23751 WW SAMPLE TEST: 6/28/22 INFLUENT MONITORIN G 76.02 181 G071822 PACE ANALYTICAL SERVICES, IN C 5694 B452785 23751 WTR SAMPLE TEST: 6/28/22 BACTERIOLOGICAL DWPDIST1 2 91.22 182 G071822 PACE ANALYTICAL SERVICES, IN C 5694 B452943 23751 WW SAMPLE TEST: 6/30/22 INFLUENT MONITORIN G 76.02 183 G071822 PACE ANALYTICAL SERVICES, IN C 5694 B453043 23751 WTR SAMPLE TEST: 6/30/22 WELL #10 DRINK WTR CLI P 10.86 184 G071822 PACE ANALYTICAL SERVICES, IN C 5694 B453070 23751 WTR SAMPLE TEST: 6/28/22 DRINK WTR CLI P 59.73 185 G071822 PACE ANALYTICAL SERVICES, IN C 5694 B453794 23751 WTR SAMPLE TEST: 6/9/22 WELL #14 DRINK WTR CLI P 448.52 186 G071822 SANDOVAL INDUSTRIES LL C 1180 3515 23757 MATERIAL #GEN: NITROGEN TANK BOTTLE REN T 16.24 187 G071822 T-MOBILE 4899 964042089 JUN 2 2 23762 CELL PHONES 05/21/22-06/20/22 687.08 188 G071822 VERIZON WIRELESS SERVICE LL C 4237 990971244 6 23766 CELL PHONES & iPADS 05/26/22-06/25/2 2 1,334.71 189 G071822 DEE JASPAR AND ASSOCIATES, IN C 378 22-0605 3 23735 TASK ORDER #6: PUMP & WATER SYSTEM EVALUATIO N 159.00 190 G071822 DEE JASPAR AND ASSOCIATES, IN C 378 22-0605 4 23735 UWMP UPDATE 1,206.58 191 G071822 DEE JASPAR AND ASSOCIATES, IN C 378 22-0605 5 23735 PRJ#21027 WELL #15 PROJEC T 79.58 192 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31369MS 23738 Monthly Jun 22 Agreement Annual Term for Microsof t 334.00 193 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31370SC 23738 Monthly Jun 22 Agreement SecureCentri c 3,035.33 194 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31471 23738 Neomi-Mitel Issue 1,282.50 195 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31472 23738 Neomi- Review Permissions for user Dieg o 807.50 196 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31473 23738 Neomi- Freshwater Scad a 285.00 197 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31474 23738 Scott Hurlbert- Physical Server: COW-SC-01. CI.Wasc o 522.50 198 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31476 23738 Neomi- Updating Munis to New Domai n 142.50 199 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31477 23738 Neomi- COW-LF-01 Showing Offlin e 255.00 200 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31478 23738 Neomi- Systems Enginee r 321.25 201 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31479 23738 Neomi- Mitel Issues at Animal Shelte r 595.00 202 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31480 23738 Neomi- Certificate Exp 6/2 3 570.00 203 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31481 23738 Scott- Fix Ad Syn c 878.75 204 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31482 23738 Scott- Browser Extension Detecte d 95.00 205 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31483 23738 Scott- Browser Extension Detecte d 95.00 206 G071822 DIAMOND TECHNOLOGIES, INC . 2724 31484 23738 Scott- COW Qnap is Ful l 181.25 207 G071822 TRADICIONES MARKETS, IN C 5259 507 JUN 2 2 23740 JUN 2022: 507 UB PAYMENTS TRANSACTION S 91.26 208 G071822 GARDAWORLD 4266 2053299 8 23741 JUN 2022: EXCESS SERVICE S 94.44 209 G071822 INFOMART, INC. 4345 94699 6 23744 BACKGROUND CHECK 06/28/2 2 110.85 210 G071822 LECHOWICZ & TSENG MUNICIPAL CONSULTANT S 5698 7 23750 06/01/22-06/30/22 WTR/WWT CAPACITY FEE RATE STUD Y 2,880.87 211 G071822 STINSON STATIONERS IN C 160 177358- 0 23760 16 CASES OF PRINTER PAPER FOR MULTIPLE DEP T 813.87 212 G071822 TAG/AMS, INC 298 281326 8 23763 URINE DRUG TEST 06/28/2 2 85.00 213 G071822 DEPARTMENT OF JUSTIC E 1668 592037 23737 JUN 2022: FINGERPRINT SERVICE S 32.00 214 G071822 THE SHAFTER PRESS/ WASCO TRIBUN E 4787 2527 23758 CUP-2202 GROCERY OUTLE ABC TYPE 20 LICENSIN G 78.00 215 G071822 THE SHAFTER PRESS/ WASCO TRIBUN E 4787 2531 23758 CUP-2201 ALLOW MULTIFAMILY LAND USE LOT ZONED C-B- D 78.00 216 G071822 BADAWI & ASSOCIATE S 5675 1197 23726 2021 AUDIT FINAL BILLIN G 3,990.00 217 G071822 CALIFORNIA BUILDING STANDARDS COMMISIO N 2575 GREEN FEES APR-JUN2 2 23728 APR-JUN 2022: GREEN FEE S 395.10 218 G071822 COLEMAN FROST LL P 4860 1388 4 23732 MAY 2022: LEGAL SERVICE S 2,184.00 219 G071822 CUMMINS INC 376 Y8-2385 8 23734 CENTRAL/MARGALO UNIT LABOR REPAIR S 5,332.06 220 G071822 CUMMINS INC 376 Y8-2424 4 23734 CREDIT PARTS FROM INV:Y8-2385 8 (4,073.84) 221 G071822 CUMMINS INC 376 Y8-2179 0 23734 DISPOSAL #13: THERMOSTA T 94.99 222 G071822 CUMMINS INC 376 07-3262 9 23734 INSITE PRO SEE CREDIT 07-4305 5 770.00 223 G071822 CUMMINS INC 376 07-4305 5 23734 CREDIT FROM INVOICE 07-3262 9 (770.00) 224 G071822 DEPARTMENT OF CONSERVATIO N 273 SMI FEES APR-JUN 2 2 23736 APR-JUN 2022: SMI FEE S 1,416.76 225 G071822 INNOVATIVE ENGINEERING SYSTEMS, IN C 4907 41713 23742 WASCO FRESH WATER 6/28/2 2 323.44 226 G071822 JOHN KULAR CONSULTIN G 3734 1201 23746 PURCHASE SEWER CAD SUBSCRIPTIO N 2,998.40 227 G071822 KERN COUNTY SHERIFF'S OFFIC E 220 8873 23747 Q4 4FY 21/22 LAW ENFORCEMEN T 920,963.62 228 G071822 KERN COUNTY SUP. OF SCHOOL S 25 JUN 202 2 23748 JUN 2022: SCHOOL FEE S 46,564.70 229 G071822 LeBeau THELEN LL P 3218 1985.013 JUN 202 2 23749 JUN 2022: LEGAL SERVICE S 1,210.00 230 G071822 RICHARDS, WATSON, GERSHON A PROFFESSIONAL COR P 3343 235873 23755 JAN 2022: LEGAL SERVICE S 105.81 231 G071822 RICHARDS, WATSON, GERSHON A PROFFESSIONAL COR P 3343 236363 23755 FEB 2022: LEGAL SERVICE S 150.00 232 G071822 RICHARDS, WATSON, GERSHON A PROFFESSIONAL COR P 3343 236842 23755 MAR 2022: LEGAL SERVICE S 1,927.24 233 G071822 RICHARDS, WATSON, GERSHON A PROFFESSIONAL COR P 3343 23707 0 23755 APR 2022: LEGAL SERVICE S 225.00 234 G071822 RICHARDS, WATSON, GERSHON A PROFFESSIONAL COR P 3343 237722 23755 MAY 2022: LEGAL SERVICE S 875.00 235 G071822 ROUTEMATCH SOFTWAR E 5660 7411 23756 PROJECT MANAGEMENT,EDUCATE,DEPLOY-PROFESSIONAL SERVICE S 11,220.00 236 G071822 ROUTEMATCH SOFTWAR E 5660 7413 23756 HOSTING ANNUAL FEES,VERIZON DATA PLAN,MOBILE DEVICE MANAGEMENT 06/01/22-05/31/2 3,276.0 0 237 G071822 SILVER & WRIGHT LL P 4804 29858 23759 JUN 2022: NUISANCE ABATEMEN T 990.76 238 G071822 WILLIAM C. STATLER 5136 6 23767 MAY 2022:COMPENSATION AND EXPENSE SUMMAR Y 3,568.13 239 G071822 WILLIAM C. STATLER 5136 6. 23767 JUN 2022:COMPENSATION AND EXPENSE SUMMAR Y 3,568.12 240 G071822 Total 1,123,623.49
241 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022W C 5205 GIFT CARDS COVID-19,OFC SUPPLIES,TRAINING,POSTAGE S 4,974.52 242 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022FIN 5205 SPD PRINTING,BACKUP BATTERIES-CH & WATER DEP T 1,507.93 243 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022F L 5205 PARTS,REPAIRS,REPLACEMENT BELTS,PAINT S 1,402.49 244 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022G S 5205 PRJT#22014,PARTS,TOOLS,TRAINING 1,636.49 245 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022H K 5205 TRAINING,MAINTENANCE SUPPLIES,PARTS,REPAIR S 716.50 246 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022H C 5205 PARTS,REPAIRS,MAINTENANCE FOR SHO P 3,265.86 4o f5
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WARRANT VENDOR NAM E VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 247 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022H S 5205 CONFERENCE,GIFT CARDS COVID-19 VACCINATION S 7,002.95 248 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022L F 5205 CAT VACCINES & HOSE & NOZZL E 262.60 249 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022LM 5205 POLO SHIRTS FOR CITY COUNCIL & CITY HALL MEMBER S 184.03 250 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022M V 5205 Publication for notice to subcontractors for 16t h 1,440.00 251 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022MM 5205 GIFT CARDS COVID-19 VACCINATIONS,FINANCE BUDGET MTNG-LUNC H 1,142.23 252 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022M S 5205 PARTS,SUPPLIES & MAINTENANCE FOR SANITATIO N 203.78 253 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022M C 5205 PARTS,REPAIRS,REPLACEMENT FOR WATER DEP T 867.95 254 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022PJ 5205 Registration fees for League of California Citie s 600.00 255 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022PLA N 5205 TRAINING,OFFICE SUPPLIES,BIKE REDIO EVENT SUPPLIE S 2,902.33 256 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022RG 5205 Registration fees for League of California Citie s 600.00 257 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022S C 5205 PARTS,SUPPLIES AND KEY FOR STREE T 254.76 258 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022VN 5205 GIFT CARDS FOR VACCINATIONS,OFC SUPPLIES,POSTAGE S 2,295.87 259 WF063022 WELLS FARGO CREDIT CAR D 4426 WF063022V L 5205 GIFT CARDS FOR VACCINATIONS,PARTS & SUPPLIES-P W 4,347.58 260 WF063022 Total 35,607.87
261 GRAND TOTAL 1,499,833.65
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STAFF REPORT
CITY OF WASCO
TO: Honorable Mayor and Council Members
FRO
M: M. Scott Hurlbert, City Manager
Isarel Perez-Hernandez, Finance Director
DA
TE: August 2, 2022
SUB
JECT: Receive and File the Investment Report for the month ended June 30, 2022. _____________________________________________________________________________________ Recom
mendation:
Staff recommends the City Council receive and file the Investment Report for the month ended June 30, 2022.
Bac
kground:
This report is prepared and presented to the City Manager and City Council pursuant to the City’s Investment Policy requirements and the California Government Code. The City’s investment policy requires the Treasurer or Chief Fiscal Officer to render monthly investment reports to the City Manager and the City Council and requires certain information about the City’s investments to be presented in the report and that the report contains statements that:
1) The City is in compliance with its investment policy; and 2) T he City is able to meet its expenditure requirements for the following six (6) months or provide an explanation of why sufficient funds will or may not be available.
Th
e City’s investment strategy continues to prioritize its investment opportunities on th e following; in order of importance:
1) Safety;
2) Liquidity; and
3) Yield
Th
is strategy is consistent with the Government Code and stresses keeping the citizens’ funds safe and available for operations rather than attempting to maximize returns by making riskier investments.
The Finance Department has prepared the Investment Report for the month ended June 30, 2022. This report meets the latest requirements of the City’s Investment Policy as presented to the City Council on June 16, 20 20, as well as Government Code Section 53646.
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Discussion:
The market value of the City’s total cash and Investments on June 30 , 2022, was $54,384,491 compared to $55,397,950 on May 31, 2022. This is a $1,013,459 decrease from the previous month ($962,910 decrease increase on the cost basis).
The decrease is primarily driven by several factors, but the most notable expense was the acquisition of two properties in June. The City Manager present ed a Staff Report on 07/19/2022 illustrating the cost breakdown of these properties.
As of June 30, 2022, the City has $40.4 million (74.32%) of its Cash and Investment Portfolio held in the State of California Local Agency Investment Fund (“LAIF”), which earned 0.32 % during the quarter (ended March 31, 2022). This earnings rate exceeded the short -term benchmark. Other cash pools held a combined $6.9 million (12.77%) of the City’s Cash and Investment Portfolio. The City also has $1.5 million (2.82 % of its Portfolio) held by UnionBanc Investment Services (“UBIS”) and invested, pursuant to City instructions, in Certificates of Deposit and Governmental Securities with a Money Market account being used to maximize returns on otherwise idle cash.
The metrics used in the attached report are based on Securities issued by the United States Government. The short -term benchmark of 1.54 % is the average earned by a 3 -month Treasury Bill during the month ended June 30 , 2022, and the long and medium -term benchmark of 3.08 % is the average earnings of 2 -year and 3-year treasury notes during that time frame. Lastly, the one -year U.S Treasury benchmark for the month ended June 30, 2022, was .48%.
All the information presented in this report is consistent with the disclosures included in the City’s Audited Financial Statements previously presented to the City Council.
Fiscal Impact:
There is no fiscal impact to this action.
At
tachments:
1. Investment Report for the month ended June 30, 2022
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ATTACHMENT 1
362,814.44
35,167,686 35,352,740
Investment Report 32,808,198
Thursday, June 30, 2022
Average Earnings Rate
this Month Metrics (3) Cost Market Value(1) Days % of Portfolio WAM (2) Investments
Local Agency Investment Fund (LAIF) - Beginning Available Quarterly 1.54% 40,218,942 40,416,529 Local Agency Investment Fund (LAIF) - Deposit Wells Fargo - - Local Agency Investment Fund (LAIF) - Total 40,218,942 40,416,529 7 74.32 % 0.01 Other Cash Pools:
CSJVRMA Investment Pool 1.19% 1.54% 2,281,181 2,182,913 7 4.01 % 0.00 Cal Trust Short Term Money Market Fund 1.01% 1.54% 1,595,079 1,590,766 1 2.93 % 0.02 Cal Trust Medium Term Money Market Fund 1.13% 3.08% 3,241,695 3,170,681 3 5.83 % 0.00 Certificates of Deposit 2.93% 3.08% 1,250,000 1,253,645 99 2.31 % 0.02 Money Market Funds (June 30, 2022 ) 0.01% 1.54% 280,943 280,943 1 0.52 % 0.00 Investments current month (June 30, 2022) 48,867,840 48,895,478 0.02 Investments previous month (May 31, 2022) 48,852,127 48,930,314 Net Investment Increase(Decrease) (June 30, 2022) 15,713 (34,836) Cash on Hand (June 30, 2022) 5,489,013 5,489,013 1 11.23 % 0.00 Cash on Hand previous month (May 31, 2022) 6,467,636 6,467,636 1 - Total Deposits and Cash on Hand - Increase(Decrease) (978,623) (978,623) Total Cash and Investments (June 30, 2022) 54,356,853 54,384,491 Total Cash and Investments previous month (May 31, 2022) 55,319,764 55,397,950 (962,910) (1,013,459)
Investments held in trust by UnionBanc Investment Services, Inc (see Details on next page)
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ATTACHMENT 1
(1) Sources: State of CA PMIA, National Financial Services, LLC and published Sources (2) Weighted Average Maturity
(3) Metrics from public sources
● One-year U.S Treasury Benchmark .48%
Certificates of Deposit and Government Securities Held in trust by Unionbanc Investment Services June 30, 2022
Investment Tranche if applicable CUSIP Rate Maturity Cost Market Value(1) Days % of Portfolio WAM (2)
INSBANK NASHVILLE TENN 45776NCU8 3.050 % 9/21/2022 250,000 250,700.00 83 0.46 % 0.00 AMERICAN EXPRESS CENTRN 02587D2Q0 2.500 % 10/5/2022 250,000 250,410.00 97 0.46 % 0.00 AMERICAN EXP FED SVGS BK 02587CHK9 2.500 % 12/12/2022 250,000 250,517.50 165 0.46 % 0.00 COMENTITY CAP BK UTAH 20033AF43 3.300 % 9/14/2023 250,000 251,017.50 441 0.46 % 0.01 CITIBANK NATIONAL ASSOCIATION 17312QT33 3.300 % 9/21/2023 250,000 251,000.00 448 0.46 % 0.01 TOTAL CERTIFICATES OF DEPOSIT 1,250,000 1,253,645.00 99 2.31 % 0.02
MONEY MARKET FUNDS
FIDELITY TREASURY MMKT CAPITAL RESERVES FSRXX 0.010 % 7/1/2022 280,943 280,943 1 0.52 % 0.00 Total Held by Unionbanc Investment Services 1,530,943 1,534,588 100 2.82 % 0.02 (1) Sources: National Bank Financial Services, LLC
(2) Weighted Average Maturity
● Short Term Portfolio: 13 Week Treasury Bill Rate
(i) The City's Portfolio of Investments comply with the City's Investment Policy. (ii) According to Government Code Section 53646(b)(3) this report shall include a statement denoting the City's ability to meet its expenditure requirement for the next six months. The City has sufficient available funds on hand to meet its estimated expenditures for the next six months but is also relying on cash inflows to supplement its available funds.
● Long and Medium Term Portfolio: Average US Treasury Note 2 and 3 year rate (*) August include true-up adjustments from previous periods.
13 of 252
.
TO: H
onorable Mayor and Council Members
FRO
M: M. Scott Hurlbert , City Manager
Maria O. Martinez, City Clerk
DA
TE: August 2, 2022
SUB
JECT: Adopt a Resolution to Authorize the City to Implement Teleconference Public Meetings Pursuant to Assembly Bill (“AB”) 361, Allowing the City to Continue a Hybrid Virtual Meeting Environment.
Recom
mendation:
Staff recommends authorizing the City to impl ement teleconference public meetings pursuant to Assembly Bill AB 361, a llowing the City to c ontinue a hybrid virtual meeting environment.
Bac
kground:
Over the past year, meetings of the City’s legislative bodies have been held with virtual teleconference components. On September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361, which allows cities to continue to meet remotely during proclaimed states of emergency under modified Ralph M. Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders temporarily suspending provisions of the Brown Act. On September 20, 2021, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021.
AB
361, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a local legislative body holds a meeting during a declared state of emergency by the Governor and when a state or local health officials have imposed or recommended measures to promote social distancing.
Di
scussion:
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
As
the virus continues to periodically surge in California, the goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID -19 pandemic
STAFF REPORT
City of Wasco
14 of 252
and future applicable emergencies, by allowing broader access through teleconferencing options,” consistent with Executive Order N -29-20. AB 361 contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.
AB 361 also provides that if a local agency conducts teleconference meetings in reliance on AB 361, the local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
•T
he legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exists: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
Staf
f recommends adopting the resolution to authorize the implementation of teleconferencing public meetings.
Fi
scal Impact:
None
At
tachments:
1. Resolution
15 of 252
RESOLUTION NO. 2022 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO TO IMPLEMENT
TELECONFERENCING REQUIREMENTS DURING A PROCLAIMED STATE OF EMERGENCY
FOR ALL CITY COUNCIL, COMMITTEE, COMMISSION, BOARD, AND OTHER CITY MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS,
the Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public and that any person may attend and participate in such meetings; and
WHEREAS, the Brown Act allows for legislative bodies to hold meetings by teleconference but imposes specific requirements for doing so; and WHEREAS, on March 4, 2020, the Governor issued a proclamation declaring a state of emergency due to the COVID-19 pandemic pursuant to Government Code 8625, and this proclaimed state of emergency currently remains in effect; and
WHEREAS,
on March 17, 2020, in order to address the need for public meetings during the present public health emergency, Governor Newsom issued Executive Order No. N-29-20, suspending the Act’s teleconferencing requirements; and
WHEREAS,
on June 11, 2021, Governor Newsom issued Executive Order No. N- 08-21, continuing the suspension of the Brown Act’s teleconferencing requirements through September 30, 2021; and
WHEREAS, these Executive Orders allowed legislative bodies to meet virtually as long as certain notice and accessibility requirements were met; and WHEREAS, on September 16, 2021, the Governor signed Assembly Bill No. 361 (A.B. 361 – Government Code section 54953) that went into effect on October 1, 2021, which amended the Brown Act so that a local agency may use teleconferencing without complying with the regular teleconferencing requirements of the Act, where the legislative body holds a meeting during a proclaimed state of emergency and makes certain findings; and WHEREAS, Government Code section 54953 requires that the legislative body make additional findings every 30 days in order to continue such teleconferencing; and
WHEREAS, state and local officials continue to impose and recommend measures to promote social distancing , and because of the ongoing threat of COVID-19, meeting in person would present imminent risks to the health and safety of attendees; and
16 of 252
WHEREAS, teleconferencing ensures the health and safety of the public, the legislative bodies of the city, and City staff while allowing regularly -scheduled meetings to occur without interruption due to COVID-19.
NOW THEREFORE BE IT RESOLVED
, by the City Council of the City of Wasco as follows:
SECTION 1: T
hat the foregoing recitals are true and correct and incorporates them by this reference.
SECTION 2
: That the City Council finds, by a majority vote, the following:
a. The City Council has reconsidered the circumstances of the state of emergency; and
b. Any of the following circumstances exist:
1. The state of emergency continues to directly impact the ability of the members to meet safely in person.
2. State or local officials continue to impose or recommend measures to promote social distancing.
3. As a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees SECTION 3:
That this Resolution to implement teleconferencing pursuant to Government Code section 54953(e) applies to the City Council and all committees, commissions, boards, and other City meetings (“other legislative bodies”) of the City of Wasco based upon the findings listed above.
SECTION 4:
That the City Manager or the City Manager’s designee is authorized to take all steps and perform all actions necessary to execute and implement this Resolution in compliance with Government Code section 54953.
SECTION 5:
That this Resolution shall take effect immediately upon its adoption and remain in effect for 30 days or until such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all other legislative bodies of the City of Wasco may continue to teleconference without compliance with Government Code section 54953(b)(3).
-o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2022 - ____ was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on August 2, 2022, by the following vote:
CO
UNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________
_________________________
GILBERTO REYNA
MAYOR of City the Wasco
At
test: _______________
_______________
___________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
18 of 252
.
TO: H
onorable Mayor and Council Members
FRO
M: M. Scott Hurlbert , City Manager
Maria Lara, Assistant City Manager
DA
TE: August 2, 2022
SUB
JECT: Adopt a Resolution Authorizing the City Manager or his designee to execute the amended EV Ready Communities Memorandum of Understanding (MOU) between Kern COG and City of Wasco as funded by the California Energy Commission ARV-20-0101 for Level 3 DC Fast Chargers AND Budget Amendment
Recom
mendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager or his designee to execute the Amended Memorandum of Understanding (MOU) between Kern COG and City of Wasco for the implementation of the California Energy Commission (CEC) Electric Vehicle (EV) Ready Communities Phase II – Blueprint Implementation (GFO- 19-603) Agreement for Level 3 DC Fast Chargers AND Budget Amendment to CIP Project#23022.
Di
scussion:
Amendment#1 to the EV Ready Communities Memorandum of Understanding (MOU) between Kern Council of Governments and the City of Wasco will do the following: (1) Add tasks to the Scope of Work, (2) Extend the termination date, (3) Update the Schedule of Products, (4) Increase the budget, and (5) Increase the matching fund requirement.
Description:
During the California Energy Commission (CEC) Business Meeting held on January 26, 2022, the commissioners approved augmenting the initial agreement by (a) increasing the award to the requested $2.5 million (an increase of $1,792,485), (b) increasing the matching fund requirement to $833,377, (c) extending the term of the agreement to September 30, 2024, (d) revising the Scope of Work, and (5) revising the Schedule of Products.
The City of Wasco was a partner on the initial application submitted by Kern COG to the CEC in October 2020. With full funding now awarded by the CEC and with Kern COG’s acceptance of the funding agreement, Kern COG and the City of Wasco may move forward through an amended MOU with the City of Wasco Scope of Work , including Charging Station Installation, Outreach efforts, and Charging Station Usage and
STAFF REPORT
City of Wasco
19 of 252
Operations Reporting as stated in the amended Scope of Work and Schedule of Products.
(1) Add tasks to the Scope of Work T he task updates are summarized in the table below.
Task Original MOU New MOU
Task 2 Electric Vehicle
Charging Station
Installation
Scope of Work Task 2:
Procure, install, and
operate a minimum of
three (3) Level 2 vehicle
chargers at a minimum of
one site.
Budget: Procure, install,
and operate two Direct
Current Fast Charging
electric vehicle chargers at
a minimum of one site.
Corrected Task 2 language: Procure,
install and operate a minimum of two
(2) Direct Current Fast Charging
electric vehicle chargers at a
location in
the City of Wasco
Budget: Updated to the new
California Energy Commission
eCAMS format.
Task 2 Electric Vehicle
Charging Station
Installation
Semi-annual EVSE usage
reports for two DC Fast
Chargers
Semi-annual EVSE usage and
operations reports for two DC
Fast Charger now part of Task 5
Task 3 Workforce
Development
Does Not Apply to the City of
Wasco
Does Not Apply to the City of
Wasco
Task 4 Outreach Copies of agendas,
registrations, and photos as
events are scheduled
2022 TRANSITions Transit
Symposium Participation
2023 TRANSITions Transit
Symposium Participation
Ride and Drive event or
National
Drive Electric Week event
Participation
Same. Note that 1 of the 4
outreach items listed have been
completed as of 6/30/2022.
Add: A 2-page outreach
document either a Quick Reference
Guide for other colleges wanting to
install charging equipment OR a Best
Practices Flier for public distribution
Add: 2024 Kern County EV
Charging Station Blueprint participation
documented in
Monthly Reports
Task 5 eBikes Pending placement of
eBikes
Removed
Task 5 Data Collection and
Analysis
Did not exist Usage and Operations Report: Final
Summary capturing the semi-annual
reports from Task 2 through September
2024 and providing a summary analysis
of the station operations and
maintenance over the term of the
project.
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(2) E
xtend the termination date from March 31, 2024, to September 30, 2024 (3) Update the Schedule of Products. See the amended MOU for the detailed Schedule of Products.
(4) Increase the Budget
(5) Increase the Matching Funds
CEC Share Match Share Total
11/16/2021 MOU $99,000
75%
$33,000
25%
$132,000
100%
7/21/2022 MOU
Amendment #1
$187,500
75%
$62,500
25%
$250,000
100%
Fi
scal Impact:
This amendment will increase the budget for FY 22/23 CIP Project #23022. The following funding sources will increase: Kern COG Energy Commission Grant amount increase from $99,000 to $187,500.00, which will be match ed with a n SJVAPCD Charge Up! Grant $50,000 and State of Good Repair by $30,000, a new total of $267,500.
At
tachments:
1. MOU Agreement No. 2021-055
2. Resolution
3. Exhibit A – Summary of the Budget Amendment
4. Exhibit B - MOU Amendment #1 Memorandum of Understanding between the City of McFarland and Kern COG: CEC Agreement GFO-20-010
21 of 252
MEMORANDUM OF UNDERSTANDING
Electric Vehicle (EV) Ready Communities Phase II -
Blueprint Implementation (GFO-19-603)
Subcontractor to Kern Council of Governments;
CEC Agreement GFO-20-010 with Kern Council of Governments THIS MEMORANDUM OF UNDERSTANDING is made and entered into on November 16, 2021, by and among the CITY OF Wasco ("CITY" herein), a municipal government of the State of California, and the KERN COUNCIL OF GOVERNMENTS ("KERN COG" herein), a Joint Powers Agency formed pursuant to the California Government Code.
RE CI TALS
WHEREAS, California Government Code Section 6502 authorizes cities and counties to enter into agreements for their mutual benefit; and
WHEREAS, CITY, and KERN COG have a compelling and mutual interest in the implementation of the 2019 Kern EV Charging Station Blueprint in participating cities; and WHEREAS, CITY, and KERN COG recognize that the installation of electric vehicle charging stations to support the deployment of electric vehicles and/or equipment will benefit the citizens of the CITY by providing much-needed funding and by reducing transportation-related air pollution, improving the local air quality in or near a Disadvantaged Community (DAC) identified in CalEnviroscreen 3.0; and
WHEREAS, KERN COG and CITY as a subcontractor applied for grant funds and were awarded by California Energy Commission ("CEC" herein) to install charging stations, and to conduct public awareness efforts regarding the station; and WHEREAS, CITY recognizes that CITY will (a) carry out the scope of work and schedule, (b) participate in program management meetings, (c) demonstrate evidence of matching funds and (d) send reports and invoices to KERN COG; and
WHEREAS, KERN COG will in turn carry out its responsibilities under the CEC Agreement ARV-20-2010 and that that grant funding awarded to KERN COG to implement the 2019 Kern Region Electric Vehicle (EV) Blueprint will be invoiced by KERN COG to CEC per the schedule and scope of work for CEC Agreement ARV-20-010, and pay funds due to CITY as a subcontractor through this MOU.
AGREEMENT
1. The foregoing recitals are true and correct, and are adopted into this contract as if set forth in full.
2. EV Ready Communities funding CEC awarded to the CITY as a subcontractor, identified in this MOU will be accessed by KERN COG through invoices sent directly to CEC. CITY agrees to provide any necessary documentation reasonably required in furtherance of this purpose.
Kern COG and City of Wasco MOU Page 1 of 24 2021-06-21
22 of 252
3. CITY will confirm and document local matching funds identified in this MOU through invoice reports sent directly to KERN COG.
4. The table below reflects CEC grant amounts and matching funds for KERN COG and all of the subcontractors participating in CEC Agreement ARV-20-010. The CITY shall submit a budget using a template provided to the CITY by the Project Manager. This budget will (a) align with the Scope of Work (Exhibit A) and Schedule of Deliverables (Exhibit B) and will (b) be used to categorize the CEC Funding and the Local Match Funding and (c) be used to create invoices submitted to Kern COG.
Agency Name CEC Funding Local Match Total Project
Kern COG $96,515 $44,033 $140,548
City of Arvin $99,000 $33,000 $132,000
City of Bakersfield $99,000 $33,000 $132,000
City of Delano $99,000 $33,000 $132,000
City of McFarland $99,000 $33,000 $132,000
City of Shafter $45,000 $15,000 $60,000
City of Wasco $99,000 $33,000 $132,000
Bakersfield College $64,000 $18,808 $82,808
TOTAL $700,515 $242,841 $943,356
5. CITY agrees to carry out Exhibit A Scope of Work in accordance with Exhibit B Schedule of Products and Due Dates and Exhibit C Budget.
6. Should the CITY scope of work be executed for less than total CEC funding awarded to CITY through this MOU, MOU amounts exceeding actual expenses shall be reserved by KERN COG to be redistributed at its discretion with the concurrence of the CEC.
7. CITY and KERN COG agree that KERN COG will demonstrate the KERN COG share of matching fund contributions to CEC.
8. CITY and KERN COG agree that KERN COG staff will require member agency staff to participate in the execution of their scope of work and KERN COG program management meetings held at a minimum of quarterly.
9. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.
10. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: City of Wasco
Kern COG and City of Wasco MOU
M. Scott Hurlbert
746 Eighth Street
Wasco, CA 93280
23 of 252
KERN COG: KERN COUNCIL OF GOVERNMENTS
Ahron Hakimi, Executive Director
1401 19th Street, Suite 300
Bakersfield, California 93301
11. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Councils and the Kern Council of Governments, Board of Directors.
12. Any services of CITY or KERN COG are provided as independent contractors. No party is an agent or employee of any other party for any purpose and is not entitled to any of the benefits provided by any party to its employees. This Agreement shall not be construed as forming a partnership or any other association between CITY, and KERN COG other than that of an independent contractor.
13. No party shall be liable to any other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury to or death of persons arising from any act or omission of the other party's officers, agents, or employees. Further, no party is liable to any other party for loss or inaccuracy of data. Each party is encouraged to have current backup storage of all data and other relevant information. Further, no party is liable to any other party for any damage to information or equipment, which results from the transfer of data.
14. A party against whom any claim arising from any subject matter of this Agreement is filed shall give prompt written notice of the filing of the claim to all other parties.
15. This Agreement is effective upon execution. It is the product of negotiation and, therefore, shall not be construed against any party.
16. Any party to this Memorandum of Understanding may terminate its participation in the activities herein described upon thirty (30) days' written notification to the other parties. Termination by one party does not terminate the agreement between the remaining parties, including the CEC or other KERN COG subcontractors participating in this CEC award of funding through agreement ARV-20-010. ----------000----------
Kern COG and City of Wasco MOU Page 3 of 24 2021-06-21
24 of 252
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed, the day and year first-above written.
RECOMMENDED AND APPROVED
AS TO CONTENT:
M. 2r:iit!rf{;�
City of Wasco
[Remainder of page left blank intentionally]
Kern COG and City of Wasco MOU
"CITY of Wasco"
25 of 252
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed, the day and year first-above written. "KERN COUNCIL OF GOVERNMENTS"
RECOMMENDED AND APPROVED
AS TO CONTENT:
.if� Bob Smith, Chairman AHRON HAKIMI
Executive Director Kern Council of Governments
Kern Council of Governments
APPROVED AS TO FORM:
Bri�r
Kern Council of Gove nmen
[Remainder of page left blank intentionally]
Kern COG and City of Wasco MOU Page 5 of 24 2021-06-21
26 of 252
Kern COG and City of Wasco MOU
EXHIBIT A
Scope of Work
City of Wasco
PLEASE SEE ATTACHED
(Follows page 10)
27 of 252
EXHIBIT B
Schedule of Products and Due Dates
City of Wasco
1.1 Attend Kick-off Meeting
U dated Schedule of Products
U dated List of Match Funds
U dated List of Permits
Kick-Off Meetin A enda Kern COG
1.2 Critical Project Review Meetings
1st CPR
Meeting
1.3 Final Meeting
1.4 1.5
Written documentation of meeting
agreements
Schedule for completing closeout
activities
Monthly Progress Reports
Final Report
Final Outline of the Final Re ort
Draft Final Report (no less than 60 days
before the end term of the a reement
Final Re ort
1.6 Identify and Obtain Match Funds
1.7 A letter regarding match funds detailing
match funds rovided
Copy(ies) of each match fund
commitment letter(s) (if applicable)
Note: Such as rant voucher a roval.
Letter(s) for new match funds (if
a licable
Letter that match funds were reduced (if
a plicable
Identify and Obtain Required Permits
Kern COG and City of Wasco MOU Page 7 of 24
11/30/2021
11/30/2021
No later than
upon issuance of
an RFP
12/15/2021
TBD
N/A
N/A
N/A
The last day of
each month
during the
approved term of
this Agreement.
N/A
Delivered with
final invoice.
N/A
11/30/2021
Within 1 O days of
receipt from
funding a enc .
Within 10 days of
identifying new
match funds
Within 1 O days of
identifying
reduced funds
4/30/2021
4/30/2021
5/27/2021
5/27/2021
12/20/2022
1/5/2023
2/29/2024
3/29/2024
The 10th
calendar day of
each month
during the
approved term
of this
A reement
12/12/2023
1/12/2024
3/12/2024
4/30/2021
4/30/2021
Within 10 days
of identifying
new match
funds
Within 10 days
of identifying
reduced funds
2021-06-21
28 of 252
When RFP is
released. If no
RFP, send prior to
start of work. If Within 6 months
project already from each site
awarded, send host project
with executed initiation date.
MOU. All letters All project letters
Letter documenting the permits or received by received by stating that no permits are required 5/31/2022. 8/31/2022 Within 5 days of Within 10 days
A copy of each approved permit (if receiving each of receiving applicable) permit. each permit
Updated list of permits as they change Within 5 days of Within 1 O days during the term of the Agreement (if change in list of of change in list applicable) permits. of permits
Within 10 days
Within 5 days of of change in
Updated schedule for acquiring permits change in schedule for as changes occur during the term of the schedule for obtaining Aqreement (if applicable) obtaininq permits. permits
1.8 Obtain and Execute Subcontracts
Letter describing the subcontracts 30 days prior to
needed, or stating that no subcontracts first day of
are required construction 5/19/2021
15 days prior to 15 days prior to
the scheduled the scheduled
Draft subcontracts execution date execution date
Within 10 days of Within 1 O days
Final subcontracts the execution of the execution
2 Electric Vehicle Charging Station Installation
Site maps and design information for 12/15/2021 charging stations for 6 host cities 11/29/2021 With monthly
reports, as
changes occur.
Within 30 days of
Photos to document station progress station
and completion commission. 6/29/2023
Provided with
monthly report
upon award of
charging station
contract or in-
house certification
AB 841 Certification and EVITP prior to
Certification Numbers construction. 6/29/2023
Provided with
monthly report
following the Ongoing to
Outreach materials, photos, event or outreach November 20, presentations, agendas, minutes effort. 2023
Kern COG and City of Wasco MOU Page 8 of 24 2021-06-21
29 of 252
Semi-annual EVSE usage reports First report by
First report by 6/1/2022
12/1/2022 then every six
then every six months until
months until grant grant completion
completion date date
3 Infrastructure to Support Workforce Development
Photos to document BEAM EV ARC
and level 2 charger installations;
delivery of stow kit and trailer. N/A 12/13/2021
Report summarizing the use of the
charging equipment at Bakersfield
College N/A 1/8/2024
4 Outreach
As the events are
scheduled, Kern
COG and CEC
program
managers must
be invited to
participate.
Documents
included with
monthly report As the events
Copies of agendas, registrations, and following the occur and are photos event. scheduled
Participation Report for 2022 With the monthly
TRANSITions Transit Symposium report following Within 45 days describe subcontractor participation the event. of the event Participation Report for 2023 With the monthly
TRANSITions Transit Symposium - report following Within 45 days describe subcontractor participation the event. of the event Event report for each of the three
additional public electric vehicle N/A Within 45 days
charqing events or training workshops of the event
Event report for a Ride and Drive event N/A Within 45 days or a National Drive Electric Week of the event
5 E-Bike Pilot
Pending
placement of
Summary E-Bike Report eBikes. 6/29/2023
Kern COG and City of Wasco MOU Page 9 of 24 2021-06-21
30 of 252
Task
No.
2 Subcontractor
EXHIBIT C
Budget
City of Wasco
CA Business
Certifications
DVBE/
.
Energy
Commission Match
Name Purpose SB/MB/None Funds Share Total 1
Install and
commission at least
City of Wasco (2) Level 3 DC Fast $ 99,000 $ 33,000 $ Charging electric vehicle charging
stations*
1Project Total may be larger than $132,000 and may include EVSE, Installation, Utility, Labor, and Outreach expenses. Site host must abide by the eligible expenses outlined in the Terms and Conditions.
Compliance with ADA requirements are not eligible expenses for CEC funding. If total project funding is less than $132,000 the city host may be asked to apply funds to another EVSE project or to return excess funding not needed.
*Note: The following indicates the project requestedlsupported.
Arvin:
Bakersfield:
Delano:
McFarland:
Shafter:
Wasco:
Install and commission charging station with 1 DCFC and 3 L2 chargers Install and commission charging station with 3 L2 chargers Install and commission charging station with 3 L2 chargers Install and commission charging station with 2 DCFC and 3 L2 chargers Install and commission charging station with 3 L2 chargers; CEC $45,000; Shafter $15,000 Install and commission charging station with 2 L3 chargers.
Bakersfield College: Install one BEAM EV ARC with 2 L2 chargers; CEC $64,000; BC $18,808 Kern COG and City of Wasco MOU Page 10 of 24 2021-06-21 132,000
31 of 252
TECHNICAL TASK LIST.
Task# CPR Task Name
1 Administration
EXHIBIT A
Scope of Work
City of Wasco
2 X Electric Vehicle Charging Station Installation
3 Workforce Development
4 Outreach
5 E-Bike Pilot
KEY NAME LIST
Task# Key Personnel Key Subcontractor(s)
1 Linda Urata None
2 Linda Urata Christine Viterelli, Stuart
Patteson, Maribel Reyna, Diana
Garcia, Maria Lara, Michael
James, Luis Villa, Andrew
Haney
3 Linda Urata Andrew Haney
4 Linda Urata, Susanne TBD
Campbell
GLOSSARY
Key Partner(s)
Specific terms and acronyms used throughout this scope of work are defined as follows:
Term/ Acronym Definition
Agreement GFO-20-010 "EV Ready Communities Phase II -
Agreement Blueprint Implementation" between Kern Council of Governments and the California Energy Commission
CAM Commission Agreement Manager
CEC California Energy Commission
Clean Formerly known as the Alternative and Renewable Fuel and Transportation Program Vehicle Technology Program
CPR Critical Project Review
Electric Vehicle. A broad category that includes all vehicles that are fully EV powered by electricity or an electric motor.
Kern COG and City of Wasco MOU Page 11 of24 2021-06-21
32 of 252
Term/ Acronym Definition
EVITP Electric Vehicle Infrast ructure Training Program EVSE
Electric Vehicle Supply Equipment. Infrastructure designed to supply power to EVs. EVSE can charge a wide variety of EVs including BEVs and PHEVs.
FTD Fuels and Transportation Division
Kern COG Kern Council of Governments
Project Manager Kern COG Regional Planner managing the CEC Grant GFO-20-010 MOU Memorandum of Understanding
Recipient An applicant awarded a grant under a California Energy Commission solicitation SUB
A subcontractor entering into an MOU with Kern CO who will receive funding through the grant agreement GFO-20-010 between the CEC to Kern COG. A SUB on this agreement will either be a CITY or Bakersfield College.
Background
Assembly Bill (AB) 118 (Nunez, Chapter 750, Statutes of 2007), created the Clean Transportation Program, formerly known as the Alternative and Renewable Fuel and Vehicle Technology Program. 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-authorizes the Clean Transportation Program through January 1, 2024. The Clean Transportation Program has an annual budget of approximately $100 million and provides financial support for projects that:
• Reduce California's use and dependence on petroleum transportation fuels and increase the use of alternative and renewable fuels and advanced vehicle technologies. • Produce sustainable alternative and renewable low-carbon fuels in California. • Expand alternative fueling infrastructure and fueling stations. • Improve the efficiency, performance and market viability of alternative light-, medium-, and heavy-duty vehicle technologies.
• Retrofit medium- and heavy-duty on-road and non-road vehicle fleets to alternative technologies or fuel use.
• Expand the alternative fueling infrastructure available to existing fleets, public transit, and transportation corridors.
• Establish workforce training programs and conduct public outreach on the benefits of alternative transportation fuels and vehicle technologies.
On August 12, 2020, the CEC released a Grant Solicitation and Application Package entitled "Electric Vehicle Ready Communities Phase II- Blueprint Implementation" under the Clean Transportation Program. This competitive grant solicitation was for Phase II of a two-phase effort to implement projects developed and identified in Phase I, Blueprint Development, of the Electric Vehicle Ready Communities Challenge. In response to GFO-19-603, the Recipient submitted application #7 which was proposed for funding in the CEC's Notice of Proposed Awards on January 8, 2021. GFO-19-603 and Recipient's application are hereby incorporated by reference into this Agreement in their entirety.
In the event of any conflict or inconsistency between the terms of the Solicitation and the terms of the Recipient's Application, the Solicitation shall control. In the event of any conflict or inconsistency between the Recipient's Application and the terms of Commission's Award, the Commission's Award shall control.
Similarly, in the event of any conflict or inconsistency between the terms of this Agreement and the Recipient's Application, the terms of this Agreement shall control.
Problem Statement:
Kern County is challenged by poor air quality and barriers to the deployment of emission reduction transportation technologies. According to CalEnviroscreen 3.0, 81 % to 90% of areas within Kern County qualify as Disadvantaged Communities (DACs). DACs generally lack private investment and the capacity to develop, fund, and manage clean transportation projects on their own.
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The Kern Electric Vehicle Charging Station Blueprint (Blueprint) was created to address barriers to the installation of electric vehicle (EV) charging stations in Kern County. This Blueprint Implementation project will address principal barriers identified in the Blueprint plan.
Workforce development offers opportunities to individuals interested in the energy or transportation fields.
The transition to zero emission fuels will require individuals trained to work on cars, design and install stations, provide maintenance to cars and stations, operating vehicles takes some training and then there is always planning for the future, and autonomous vehicles.
This project will provide funding needed to support the efforts for zero emission transport to serve local communities.
Goals of the Agreement:
The goal of this Agreement is to advance electrified transportation in and between Kern County communities in ways that provide convenient, safe, and clean transportation for a broad spectrum of residents.
Objectives of the Agreement:
The objectives of this Agreement are for Kern COG to administer an effective and timely program to install electric vehicle charging equipment and allow Bakersfield College to expand their curriculum and install equipment for hands-on training. The site host communities will have an impact on EV adoption and support electrified transportation options, and Bakersfield College will be established as a leader in training the technicians of today for both the technology of today and the future.
TASK 1 ADMINISTRATION
Task 1.1 Attend Kick-off Meeting
The goal of this task is to establish the lines of communication and procedures for implementing this Agreement. The Project Manager shall designate the date and location of this meeting and provide an agenda to the SUB prior to the meeting.
The SUB shall:
• Attend a "Kick-Off' meeting with the Project Manager, a Regional Planner, and an Administrative Assistant, Administration Department. The SUB shall bring its Project Manager, Agreement Administrator, Accounting Officer, and others as the SUB deems appropriate to this meeting.
• Discuss the following administrative and technical aspects of this Agreement:
o MOU Terms and Conditions
o Critical Project Review Support Documents (Task 1.2)
o Match fund documentation (Task 1.6) No reimbursable work may be done until this documentation is in place. California Energy Commission programs (such as CALeVIP) can not be used as matching funds. If using San Joaquin Valley Air Pollution Control District ChargeUP! funding as match, please provide the voucher numbers in your documentation of matching funds. o Permit documentation (Task 1.7)
o Subcontracts needed to carry out project (Task 1.8)
o The Project Manager's expectations for accomplishing tasks described in the Scope of Work
o An updated Schedule of Products and Due Dates
o Monthly Progress Reports (Task 1.4)
o Technical Products (Product Guidelines located in Section 5 of the Terms and Conditions)
o Final Report (Task 1.5)
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SUB Products:
• Updated Schedule of Products
• Updated List of Match Funds
• Updated List of Permits
Project Manager Product:
• Kick-Off Meeting Agenda
• Monthly Report Template or Guidelines
• Monthly Invoice Template
Task 1.2 Critical Project Review (CPR) Meetings
CPRs provide the opportunity for frank discussions between the CEC and the Recipient. The goal of this task is to determine if the project should continue to receive CEC funding to complete this Agreement and to identify any needed modifications to the tasks, products, schedule or budget.
The Commission Agreement Manager may schedule CPR meetings as necessary, and meeting costs will be borne by the Recipient.
Meeting participants include the CAM and the Recipient and may include the Commission Grants Officer, the Fuels and Transportation Division (FTD) program lead, other CEC staff and Management as well as other individuals selected by the CAM to provide support to the CEC.
The Recipient may request documents or participation from the SUB in order to prepare for the CPR or to answer direct questions from the CAM.
The CAM shall:
• Determine the location, date, and time of each CPR meeting with the Recipient. These meetings generally take place at the CEC, but they may take place at another location. • Send the Recipient the agenda and a list of expected participants in advance of each CPR. If applicable, the agenda shall include a discussion on both match funding and permits.
• Conduct and make a record of each CPR meeting. Prepare a schedule for providing the written determination described below.
• Determine whether to continue the project, and if continuing, whether or not modifications are needed to the tasks, schedule, products, and/or budget for the remainder of the Agreement. Modifications to the Agreement may require a formal amendment (please see section 8 of the Terms and Conditions). If the CAM concludes that satisfactory progress is not being made, this conclusion will be referred to the Lead Commissioner for Transportation for his or her concurrence.
• Provide the Recipient with a written determination in accordance with the schedule. The written response may include a requirement for the Recipient to revise one or more product(s) that were included in the CPR.
The Recipient shall:
• Gather information from the SUB(s) to prepare the CPR Report. • Prepare a CPR Report for each CPR that discusses the progress of the Agreement toward achieving its goals and objectives. This report shall include recommendations and conclusions regarding continued work of the projects. This report shall be submitted along with any other products identified in this scope of work. The Recipient shall submit these documents to the CAM and any other designated reviewers at least 15 working days in advance of each CPR meeting.
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• Present the required information at each CPR meeting and participate in a discussion about the Agreement.
The SUB shall:
• Prepare a written summary and/or provide documents as requested by the Project Manager within 5 days of the request from the Project Manager.
• Participate in the CPR, if requested by the CAM and/or the Project Manager.
CAM Products:
• Agenda and a list of expected participants
• Schedule for written determination
• Written determination
Recipient Product:
• CPR Report(s)
SUB Product:
• CPR SUB-Report
Task 1.3 Final Meeting
The goal of this task is to closeout this MOU.
The Recipient shall:
• Meet with CEC staff to present the findings, conclusions, and recommendations. The final meeting must be completed during the closeout of this Agreement.
This meeting will be attended by, at a minimum, the Recipient, the Commission Grants Office Officer, and the Commission Agreement Manager. The technical and administrative aspects of Agreement closeout will be discussed at the meeting, which may be two separate meetings at the discretion of the Commission Agreement Manager.
The technical portion of the meeting shall present an assessment of the degree to which project and task goals and objectives were achieved, findings, conclusions, recommended next steps (if any) for the Agreement, and recommendations for improvements. The Commission Agreement Manager will determine the appropriate meeting participants.
The administrative portion of the meeting shall be a discussion with the Commission Agreement Manager and the Grants Officer about the following Agreement closeout items:
o What to do with any equipment purchased with CEC funds (Options) o CEC's request for specific "generated" data (not already provided in Agreement products)
o Need to document Recipient's disclosure of "subject inventions" developed under the Agreement
o "Surviving" Agreement provisions
o Final invoicing and release of retention
• Prepare a schedule for completing the closeout activities for this Agreement.
Products:
• Written documentation of meeting agreements
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• Schedule for completing closeout activities
The SUB shall:
• Attend the Final Meeting between Kern COG and CEC, if requested by the CAM. • Comply with directions from the CEC for dispensation of equipment purchased with CEC funds • Comply with requests from the CEC for specific "generated" data (not already provided in MOU products)
• Comply with "Surviving" Agreement (between Kern COG and CEC) provisions as appropriate and SUB Products:
• Written documentation of dispensation of equipment purchased with CEC funds, if requested by CAM
• Written demonstration of compliance with requests from CEC for specific "generated" data (not already provided in MOU products)
• Written documentation of compliance with "Surviving" Agreement provisions, if required Task 1.4 Monthly Progress Reports
The goal of this task is to periodically verify that satisfactory and continued progress is made towards achieving the objectives of this Agreement on time and within budget.
The objectives of this task are to summarize activities performed during the reporting period, to identify activities planned for the next reporting period, to identify issues that may affect performance and expenditures, and to form the basis for determining whether invoices are consistent with work performed.
The Recipient shall:
• Prepare a Monthly Progress Report which summarizes all Agreement activities conducted by the Recipient for the reporting period, including an assessment of the ability to complete the Agreement within the current budget and any anticipated cost overruns.
Each progress report is due to the Commission Agreement Manager within 10 days of the end of the reporting period. The recommended specifications for each progress report are contained in Section 6 of the Terms and Conditions of this Agreement. • In the first Monthly Progress Report and first invoice, document and verify match expenditures and provide a synopsis of project progress, if match funds have been expended or if work funded with match share has occurred after the notice of proposed award but before execution of the grant agreement. If no match funds have been expended or if no work funded with match share has occurred before execution, then state this in the report. All pre-execution match expenditures must conform to the requirements in the Terms and Conditions of this Agreement.
Product:
• Monthly Progress Reports
The SUB shall:
• Prepare a Monthly Progress Report which summarizes all MOU activities conducted by the Recipient for the reporting period, including an assessment of the ability to complete the MOU within the current budget and any anticipated cost overruns. Each progress report is due to the Project Manager on the last working day of the month. The recommended specifications for each progress report will be provided no later than the Kick-off Meeting. Monthly Progress Reports must be submitted, even when no substantial progress has been made toward any or all of the tasks.
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• In the first Monthly Progress Report and first invoice, document and verify match expenditures and provide a synopsis of project progress, if match funds have been expended or if work funded with match share has occurred after the notice of proposed award but before execution of the grant agreement. If no match funds have been expended or if no work funded with match share has occurred before execution, then state this in the report. All pre-execution match expenditures must conform to the requirements in the "Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP) Terms and Conditions" provided by the Project Manager.
Product:
• Monthly Progress Reports
Task 1.5 Final Report
The goal of the Final Report is to assess the project's success in achieving the Agreement's goals and objectives, advancing science and technology, and providing energy-related and other benefits to California.
The objectives of the Final Report are to clearly and completely describe the project's purpose, approach, activities performed, results, and advancements in science and technology; to present a public assessment of the success of the project as measured by the degree to which goals and objectives were achieved; to make insightful observations based on results obtained; to draw conclusions; and to make recommendations for further projects and improvements to the FTD project management processes.
The Final Report shall be a public document. If the Recipient has obtained confidential status from the CEC and will be preparing a confidential version of the Final Report as well, the Recipient shall perform the following activities for both the public and confidential versions of the Final Report.
The Recipient shall:
• Prepare an Outline of the Final Report, if requested by the CAM. • Prepare a Final Report following the latest version of the Final Report guidelines which will be provided by the CAM. The CAM shall provide written comments on the Draft Final Report within fifteen (15) working days of receipt. The Final Report must be completed at least 60 days before the end of the Agreement Term.
• Submit one bound copy of the Final Report with the final invoice.
Products:
• Outline of the Final Report, if requested
• Draft Final Report
• Final Report
The SUB shall:
• Provide a final report to the Project Manager with the final pre-retention invoice. • The technical portion of the report shall present an assessment of the degree to which project and task goals and objectives were achieved, findings, conclusions, recommended next steps (if any) for the MOU, and recommendations for improvements
SUB Products:
• Outline of Final Report, if requested
• Draft Final Report
• Final Report
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Task 1.6 Identify and Obtain Matching Funds
The goal of this task is to ensure that the match funds planned for this Agreement are obtained for and applied to this Agreement during the term of this Agreement.
The costs to obtain and document match fund commitments are not reimbursable through this Agreement. Although the CEC budget for this task will be zero dollars, the Recipient may utilize match funds for this task. Match funds shall be spent concurrently or in advance of CEC funds for each task during the term of this Agreement. Match funds must be identified in writing and the associated commitments obtained before the Recipient can incur any costs for which the Recipient will request reimbursement.
The Recipient shall:
• Prepare a letter documenting the match funding committed to this Agreement and submit it to the Commission Agreement Manager at least 2 working days prior to the kick-off meeting. If no match funds were part of the proposal that led to the CEC awarding this Agreement and none have been identified at the time this Agreement starts, then state such in the letter. If match funds were a part of the proposal that led to the CEC awarding this Agreement, then provide in the letter a list of the match funds that identifies the:
o Amount of each cash match fund, its source, including a contact name, address and telephone number and the task(s) to which the match funds will be applied.
o Amount of each in-kind contribution, a description, documented market or book value, and its source, including a contact name, address and telephone number and the task(s) to which the match funds will be applied. If the in-kind contribution is equipment or other tangible or real property, the Recipient shall identify its owner and provide a contact name, address and telephone number, and the address where the property is located.
• Provide a copy of the letter of commitment from an authorized representative of each source of cash match funding or in-kind contributions that these funds or contributions have been secured. For match funds provided by a grant a copy of the executed grant · shall be submitted in place of a letter of commitment. • Discuss match funds and the implications to the Agreement if they are reduced or not obtained as committed, at the kick-off meeting. If applicable, match funds will be included as a line item in the progress reports and will be a topic at CPR meetings. • Provide the appropriate information to the Commission Agreement Manager if during the course of the Agreement additional match funds are received. • Notify the Commission Agreement Manager within 10 days if during the course of the Agreement existing match funds are reduced. Reduction in match funds must be approved through a formal amendment to the Agreement and may trigger an additional CPR meeting.
Products:
• A letter regarding match funds or stating that no match funds are provided • Copy(ies) of each match fund commitment letter(s) (if applicable) • Letter(s) for new match funds (if applicable)
• Letter that match funds were reduced (if applicable)
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ORIGINAL
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The SUB shall:
• Prepare a letter documenting the match funding committed to this MOU and submit it to the Project Manager at most 10 working days following the kick-off meeting. Match funds in the amount of $33,000.00 were a part of the proposal that led to the CEC awarding the Agreement to Kern COG. Provide in the letter a list of the match funds that identifies the:
o Amount of each cash match fund, its source, including a contact name, address and telephone number and the task(s) to which the match funds will be applied.
o Amount of each in-kind contribution, a description, documented market or book value, and its source, including a contact name, address and telephone number and the task(s) to which the match funds will be applied. If the in-kind contribution is equipment or other tangible or real property, the SUB shall identify its owner and provide a contact name, address and telephone number, and the address where the property is located.
• Provide to the Project Manager, a copy of the letter of commitment from an authorized representative of each source of cash match funding or in-kind contributions that these funds or contributions have been secured. For match funds provided by a grant a copy of the executed grant shall be submitted in place of a letter of commitment. As grant funding may be secured following the date of this MOU, provide a copy of the executed grant within 10 days of receipt from the funding agency. • Discuss match funds and the implications to the MOU if they are reduced or not obtained as committed (10 days following the kick-off meeting). Match funds will be included as a line item in the progress reports and will be a topic at CPR meetings. • Provide the appropriate information to the Project Manager if during the course of the MOU additional match funds are received.
• Notify the Project Manager within 10 days if during the course of the MOU existing match funds are reduced. Reduction in match funds must be approved through a formal amendment to the Agreement and may trigger an additional CPR meeting.
SUB Products:
• A letter regarding match funds or stating that no match funds are provided • Copy(ies) of each match fund commitment letter(s) (if applicable) • Letter(s) for new match funds (if applicable)
• Letter that match funds were reduced (if applicable)
Task 1.7 Identify and Obtain Required Permits
The goal of this task is to obtain all permits required for work completed under this Agreement in advance of the date they are needed to keep the Agreement schedule on track.
Permit costs and the expenses associated with obtaining permits are not reimbursable under this Agreement. Although the CEC budget for this task will be zero dollars, the Recipient shall budget match funds for any expected expenditures associated with obtaining permits. Permits must be identified in writing and obtained before the Recipient can make any expenditure for which a permit is required.
The Recipient shall:
• Prepare a letter documenting the permits required to conduct this Agreement and submit it to the Commission Agreement Manager at least 2 working days prior to the kick-off meeting. If there are no permits required at the start of this Agreement, then state such in the letter. If it is known at the beginning of the Agreement that permits will be required during the course of the Agreement, provide in the letter:
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o A list of the permits that identifies the:
• Type of permit
• Name, address and telephone number of the permitting jurisdictions or lead agencies
o The schedule the Recipient will follow in applying for and obtaining these permits. • Discuss the list of permits and the schedule for obtaining them at the kick-off meeting and develop a timetable for submitting the updated list, schedule and the copies of the permits. The implications to the Agreement if the permits are not obtained in a timely fashion or are denied will also be discussed. If applicable, permits will be included as a line item in the Progress Reports and will be a topic at CPR meetings. • If during the course of the Agreement additional permits become necessary, provide the appropriate information on each permit and an updated schedule to the Commission Agreement Manager.
• As permits are obtained, send a copy of each approved permit to the Commission Agreement Manager.
• If during the course of the Agreement permits are not obtained on time or are denied, notify the Commission Agreement Manager within 10 working days. Either of these events may trigger an additional CPR.
Products:
• Letter documenting the permits or stating that no permits are required • A copy of each approved permit (if applicable)
• Updated list of permits as they change during the term of the Agreement (if applicable) • Updated schedule for acquiring permits as changes occur during the term of the Agreement (if applicable)
• A copy of each final approved permit (if applicable)
The SUB shall:
• Prepare a letter documenting the permits required to conduct this MOU and submit it to the Project Manager at least 2 working days prior to the kick-off meeting. If there are no permits required at the start of this MOU, then state such in the letter. If it is known at the beginning of the MOU that permits will be required during the course of the MOU, provide in the letter:
o A list of the permits that identifies the:
• Type of permit
• Name, address and telephone number of the permitting jurisdictions or lead agencies
o The schedule the SUB will follow in applying for and obtaining these permits. • Discuss the list of permits and the schedule for obtaining them at the kick-off meeting and develop a timetable for submitting the updated list, schedule and the copies of the permits. The implications to the MOU if the permits are not obtained in a timely fashion or are denied will also be discussed. If applicable, permits will be included as a line item in the Progress Reports and will be a topic at CPR meetings. • If during the course of the MOU additional permits become necessary, provide the appropriate information on each permit and an updated schedule to the Project Manager, who will forward them to the CAM.
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• As permits are obtained, send a copy of each approved permit to the Commission Project Manager, who will forward them to the CAM.
• If during the course of the MOU permits are not obtained on time or are denied, notify the Project Manager within 5 working days, noting if there are plans to appeal a decision or to re-submit. Either of these events (delay or denial) may trigger an additional CPR.
SUB Products:
• Letter documenting the permits or stating that no permits are required • A copy of each approved permit (if applicable)
• Updated list of permits as they change during the term of the MOU (if applicable) • Updated schedule for acquiring permits as changes occur during the term of the MOU (if applicable)
• A copy of each final approved permit (if applicable)
Task 1.8 Obtain and Execute Subcontracts
The goal of this task is to ensure quality products and to procure subcontractors required to carry out the tasks under this Agreement consistent with the Agreement Terms and Conditions and the Recipient's own procurement policies and procedures. It will also provide the CEC an opportunity to review the subcontracts to ensure that the tasks are consistent with this Agreement, and that the budgeted expenditures are reasonable and consistent with applicable cost principles.
The Recipient shall:
• Manage and coordinate subcontractor activities.
• Submit a draft of each subcontract required to conduct the work under this Agreement to the Commission Agreement Manager for review.
• Submit a final copy of the executed subcontract.
• If Recipient decides to add new subcontractors, then the Recipient shall notify the CAM.
Products:
• Draft subcontracts
• Final subcontracts
The SUB shall:
• Manage and coordinate subcontractor activities.
• Submit a draft of each subcontract required to conduct the work under this MOU to the Project Manager to submit to the CAM for review.
• Submit a final copy of the executed subcontract.
• If SUB decides to add new subcontractors, then the SUB shall notify the Project Manager who will notify the CAM.
SUB Products:
• Draft subcontracts
• Final subcontracts
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TECHNICAL TASKS
TASK 2 Electric Vehicle Charging Station Installation
The goal of this task is to install a minimum of seventeen Level 2 and four Direct Current fast charging EV chargers at a minimum of six sites.
The Recipient shall:
• Procure, install, and operate a minimum of seventeen Level 2 and four Direct Current Fast Charging electric vehicle chargers at a minimum of six sites. • Coordinate with site hosts throughout the process from design through launch. • Deliver site maps and design project details, including complete schematics on the EV charging station site and electrical design.
• Obtain any required permits and comply with all applicable federal, state and municipal laws, rules, codes, and regulations.
• Ensure charger installation is performed and overseen by a qualified and licensed contractor in accordance with all local, state, and federal codes as well as and permitting and inspection requirements.
• Submit an AB 841 Certification that certifies the project has complied with all AB 841 (2020) requirements specified in the document "Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP) Terms and Conditions" provided by the Project Manager, or describes why the AB 841 requirements do not apply to the project. The certification shall be signed by Recipient's authorized representative.
• Submit Electric Vehicle Infrastructure Training Program (EVITP) Certification Numbers of each Electric Vehicle Infrastructure Training Program certified electrician that installed electric vehicle charging infrastructure or equipment. EVITP Certification Numbers are not required to be submitted if AB 841 requirements do not apply to the project. • Ensure the chargers shall remain in service at the project sites for at least 5 years after installation. Maintain a network service agreement for the chargers. • Coordinate the placement of directional and/or on-site signage to the stations. • List the station on the US Department of Energy Alternative Fuel Data Center Station Locator, www.afdc.energy.gov (including mobile apps for Apple and Android devices). Make chargers and sites available for follow-up inspection if requested by the CEC. • Conduct four outreach activities, including media releases and events. o Provide outreach information in Spanish and English.
• Deliver proof of operational charging equipment and installed signage including photos of each site.
• Write and submit semi-annual Electric Vehicle Supply Equipment (EVSE) usage report.
Products:
• Site maps and design information for charging stations for six host cities • Proof of operational charging equipment and installed signage, including, but not limited to:
o Photos of each site
o Proof of charger availability via the Alternative Fuels Data Center Station Locator tool • AB 841 Certification and EVITP Certification Numbers
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• Semi-annual EVSE usage report
[CPR WILL BE HELD IN THIS TASK. See Task 1.2 for details] The SUB shall:
• Procure, install, and operate a minimum of three (3) Level 2 vehicle chargers at a minimum of one site.
• Coordinate with Project Manager and other sites or funding agencies if necessary throughout the process from design through launch.
• Deliver site maps and design project details, including complete schematics on the EV charging station site and electrical design.
• Obtain any required permits and comply with all applicable federal, state and municipal laws, rules, codes, and regulations.
• Ensure charger installation is performed and overseen by a qualified and licensed contractor in accordance with all local, state, and federal codes as well as and permitting and inspection requirements.
• Submit an AB 841 Certification that certifies the project has complied with all AB 841 (2020) requirements specified in "Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP) Terms and Conditions" provided by the Project Manager or describes why the AB 841 requirements do not apply to the project. The certification shall be signed by SU B's authorized representative.
• Submit Electric Vehicle Infrastructure Training Program (EVITP) Certification Numbers of each Electric Vehicle Infrastructure Training Program certified electrician that installed electric vehicle charging infrastructure or equipment. EVITP Certification Numbers are not required to be submitted if AB 841 requirements do not apply to the project. • Ensure the chargers shall remain in service at the project sites for at least 5 years after installation. Maintain a network service agreement for the chargers. • Coordinate the placement of directional and/or on-site signage to the stations. • List the station on the US Department of Energy Alternative Fuel Data Center Station Locator, www.afdc.energy.gov (including mobile apps for Apple and Android devices). Make chargers and sites available for follow-up inspection if requested by the CEC. • Conduct four outreach activities, including city council presentations, employee notices, media releases and events.
o Provide outreach information in Spanish and English.
• Deliver proof of operational charging equipment and installed signage including photos of each site.
• Write and submit semi-annual Electric Vehicle Supply Equipment (EVSE) usage report. To the Project Manager, with the first report due 3 months from the date the station is online o, by 6/1/2022 (whichever comes first), and then every six months to December 15, 2024, prior to the closeout of the contract between Kern COG and the CEC in 2024.
SUB Products:
• Site maps and design information for charging stations for the host city • Proof of operational charging equipment and installed signage, including, but not limited to:
o Photos of each site
o Proof of charger availability via the Alternative Fuels Data Center Station Locator tool • AB 841 Certification and EVITP Certification Numbers
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• Documentation for four outreach activities, which may include: outreach materials, photos, presentations, agendas, minutes, press releases, social media posts • Semi-annual EVSE usage report
[CPR WILL BE HELD IN THIS TASK. See Task 1.2 for details] TASK 3 Infrastructure to Support Workforce Development
[DOES NOT APPLY TO THE CITY OF WASCO]
TASK 4 Outreach
The goal of this task is to support the market for zero emission vehicles by communicating the outcomes of this project to a variety of audiences and providing them with education materials and resources for installing charging stations.
The Recipient shall:
• Conduct ongoing EV and EVI outreach activities, including hosting the 2022 and 2023 TRANSITions Transit Symposiums.
o Project partners will be invited to speak and/or have a booth o Provide copies of agendas, registrations, and photos. o Write and submit event reports for 2022 and 2023 TRANSITions Transit Symposiums. • Conduct at least three additional public electric vehicle charging events or training workshops including, but not limited to, hosting or sponsoring electric vehicle and charger workshops for first responders and teachers.
o Provide copies of agendas, registrations, and photos. o Write and submit event reports for each of the three additional public electric vehicle charging events or training workshops.
Products:
• Copies of agendas, registrations, and photos
• Event report for 2022 TRANSITions Transit Symposium
• Event report for 2023 TRANSITions Transit Symposium
• Event report for each of the three additional public EV charging events or training workshops The SUB shall:
• Conduct ongoing EV and EVI outreach activities, including participating in the 2022 and 2023 TRANSITions Transit Symposiums.
o SUB will be invited to speak and/or have a booth
o Provide copies of SUB registrations, presentation materials, handouts and/or photos. o Write and submit participation reports for 2022 and 2023 TRANSITions Transit Symposiums.
SUB Products:
• Copies of agendas, registrations, and photos
• Participation report for 2022 TRANSITions Transit Symposium • Participation report for 2023 TRANSITions Transit Symposium ----------000----------
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DocuSign Envelope ID: CE511E13-5DD3-4673-94DB-3DD7B91 B0722 RESOLUTION NO. 2021 • 3685
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN KERN COUNCIL OF GOVERNMENTS ("KERN COG") AND CITY OF WASCO FOR THE IMPLEMENTATION OF THE CALIFORNIA
ENERGY COMMISSION (CEC) ELECTRIC VEHICLE (EV) READY COMMUNITIES PHASE II - BLUEPRINT IMPLEMENTATION (GFO-19-603) AGREEMENT FOR LEVEL 3 DC FAST CHARGING STATIONS.
WHEREAS, the City Council has reviewed and hereby approves Memorandum of Understanding (MOU) between Kern Council of Governments ("Kern COG") and City of Wasco for the implementation of the California Energy Commission (CEC) Electric Vehicle (EV) ready communities Phase II - Blueprint implementation (GFO-19-603) Agreement for Level 3 DC fast-charging stations; and
WHEREAS, CITY, and KERN COG have a compelling and mutual interest in the implementation of the 2019 Kern EV Charging Station Blueprint in participating cities; and
WHEREAS, CITY, and KERN COG recognize that the installation of electric vehicle charging stations to support the deployment of electric vehicles and/or equipment will benefit the citizens of the CITY by providing much-needed funding and by reducing transportation-related air pollution, improving the local air quality in or near a Disadvantaged Community (DAC) identified in CalEnviroscreen 3.0; and WHEREAS, CITY recognizes that CITY will (a) carry out the scope of work and schedule, (b) participate in program management meetings, (c) demonstrate evidence of matching funds and (d) send reports and invoices to KERN COG; and WHEREAS, CITY delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s).
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wasco hereby:
1. Approves the execution of the MOU between KERN COG and CITY for Level 3 DC Charging Stations; and
2. Certifies that the CITY has reviewed, understands, and agrees to the General Provisions contained in the MOU; and
3. Delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, MOU, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and
4. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
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DocuSign Envelope ID: CE511E13-5003-4673-940B-3007B91 B0722 -oOo-
1 HEREBY CERTIFY that the foregoing Resolution No. 2021 - 3685 was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on November 16, 2021, by the following vote:
COUNCIL MEMBERS:
AYES: REYNA, PALLARES, CORTEZ, GARCIA MARTINEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Attest: 11;17 ;2021
[�� ,,..,__1�-----
MARIA O,,MAR�INH
OITY CLERK and_ Ex Officio Clerk of
the Cownc,:lpf the City of Wasco
GILBERTO REYNA,
MAYOR of the City of
Wasco
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RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN KERN COUNCIL OF GOVERNMENTS (“KERN COG”) AND
CITY OF WASCO FOR THE IMPLEMENTATION OF THE CALIFORNIA ENERGY COMMISSION (CEC) ELECTRIC VEHICLE (EV) READY COMMUNITIES PHASE II – BLUEPRINT IMPLEMENTATION (GFO-19-603) AGREEMENT FOR LEVEL 3 DC FAST CHARGERS AND BUDGET AMENDMENT TO THE ADOPTED FY 2022-2023 CAPITAL IMPROVEMENT PLAN AND ANNUAL OPERATING BUDGET FOR FY 2022-2023.
WHEREAS, the City Council has reviewed and hereby approves amending the Memorandum of Understanding (MOU) between Kern Council of Governments (“Kern COG”) attached hereto as Exhibit “B” and City of Wasco for the implementation of the California Energy Commission (CEC) Electric Vehicle (EV) ready communities Phase II – Blueprint implementation (GFO-19-603) Agreement for Level 3 DC fast chargers and budget amendment; and
WHEREAS, CITY recognizes that this amendment will do the following: (1) Add tasks to the Scope of Work, (2) Extend the termination date, (3) Update the Schedu le of Products, (4) Increase the budget, and (5) Increase the matching fund requirement; and WHEREAS, a summary of the budget amendment that will take place is included as Exhibit “A”; and,
WHEREAS, the b
udget amendment will proceed in accordance with generally accepted accounting principles (GAAP); and,
WHEREAS, CITY d elegates the authority to the City Manager or his designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s).
NOW THEREFORE BE IT RESOLVED
, by the City Council of the City of Wasco as
follows:
SECTION 1:
Approves Amendment to MOU between Kern COG and CITY for Level 3 DC Chargers and Budget Amendment;
SECTION 2:
Approves Budget Amendment to the Adopted 2022 -23 Capital Improvement Plan and Adopted 2022-23 Annual Operating Budget.
SECTION 3: Au
thorizes the City Manager o r his designee to make monetary and administrative budget amendments as outlined in Exhibit “A.” 48 of 252
SECTION 4: Delegates the authority to the City Manager or his designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, MOU, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and
Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
-o0
o-
I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on August 2, 2022, by the following vote:
CO
UNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________
_________________________
GILBERTO REYNA
MAYOR of City the Wasco
At
test: _______________
_______________
___________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
49 of 252
Exh
ibit A
PROJECT NAME Funding Source CURRENT
BUDGET
REVISED
BUDGET
DIFFERENCE
FY 22/23 CIP
PROJECT# 23022:
Public Electric
Charging Station
1. KernCOG CEC
Grant
2. SJVAP Voucher
3. State of Good
Repair
$99,000.00
$50,000.00
$30,000.00
$187,500.00
No Change
No Change
+$88,500.00
Total $179,000.00 $267,500.00
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ME
MORANDUM OF UNDERSTANDING
El
ectric Vehicle (EV) Ready Communities Phase II –
Blueprint Implementation (GFO-19-603)
Subc
ontractor to Kern Council of Governments;
CEC Agreement GFO-20-010 with Kern Council of Governments Amendment #1
THIS MEMORANDUM OF UNDERSTANDING is made and entered into on November 16, 2021, and revised on August 2, 2022, by and among the CITY OF Wasco ("CITY" herein), a municipal government of the State of California, and the KERN COUNCIL OF GOVERNMENTS (" KERN COG" herein), a Joint Powers Agency formed pursuant to the California Government Code.
R E C I T A L S
WHEREAS, California Government Code Section 6502 authorizes cities and counties to enter into agreements for their mutual benefit; and
WH
EREAS, CITY, and KERN COG have a compelling and mutual interest in the implementation of the 2019 Kern EV Charging Station Blueprint in participating cities; and WH
EREAS, CITY, and KERN COG recognize that the installation of electric vehicle charging stations to support the deployment of electric vehicles and/or equipment will benefit the citizens of the CITY by providing much-needed funding and by reducing transportation-related air pollution, improving the local air quality in or near a Disadvantaged Community (DAC) identified in CalEnviroscreen 3.0; and WH
EREAS, KERN COG and CITY, as a subcontractor, applied for grant funds and were awarded by California Energy Commission ("CEC" herein) to install charging stations and to conduct public awareness efforts regarding the station; and
WH
EREAS, in January 2022, the CEC amended the EV Ready Communities Agreement ARV-20- 010 with Kern COG, increasing the budget and adding tasks to the Scope of Work, specifically including KCCD proposed tasks in the initial application; and WH
EREAS, CITY and KERN COG agree to extend the termination date from March 31, 2024, to September 30, 2024; and
WH
EREAS, CIT Y recognizes that CITY will (a) carry out the scope of work and schedule, (b) participate in program management meetings, (c) demonstrate evidence of matching funds and (d) send reports and invoices to KERN COG; and
WH
EREAS, KERN COG will, in turn, carry out its responsibilities under the CEC Agreement ARV-20- 2010, and that grant funding awarded to KERN COG to implement the 2019 Kern Region Electric Vehicle (EV) Blueprint will be invoiced by KERN COG to CEC per the schedule and scope of work for the amended CEC Agreement ARV-20-010-01 and pay funds due to CITY as a subcontractor through this MOU. 51 of 252
AGREEMENT
1. The f
oregoing recitals are true and correct and are adopted into this contract as if set forth in full.
2. EV
Ready Communities funding CEC awarded to the CITY as a subcontractor, identified in this MOU, will be accessed by KERN COG through invoices sent directly to C EC. CITY agrees to provide any necessary documentation reasonably required in furtherance of this purpose.
3. CI
TY will confirm and document local matching funds identified in this MOU through invoice reports sent directly to KERN COG.
4. The t
able below reflects CEC grant amounts and matching funds for KERN COG and all of the subcontractors participating in the amended CEC Agreement ARV-20-010-01. The CITY shall submit a budget using a template provided to the CITY by the Project Manager. This budget will (a) align with the Scope of Work (Exhibit A) and Schedule of Deliverables (Exhibit B) and will (b) be used to categorize the CEC Funding and the Local Match Funding, and (c) be used to create invoices submitted to Kern COG.
Agency Name CEC Funding Local Match Total Project
Kern COG $96,515
$80,601
$44,033
$191,492
$140,548
$272,093
City of Arvin $99,000 $33,000 $132,000
City of Bakersfield $99,000 $33,000 $132,000
Reserved for California
City (or TBD)
$99,000 $33,000 $132,000
City of Delano $99,000 $33,000 $132,000
City of McFarland $99,000 $33,000 $132,000
City of Shafter $45,000 $15,000 $60,000
City of Wasco $99,000
$187,500
$33,000
$62,500
$132,000
$250,000
KCCD (Bakersfield
College)
$64,000
427,750
$18,808
142,584
$82,808
$570,334
Frito-Lay North America
(PepsiCo)
$232,500 $77,499 $309,999
MioCar EVCS and
Operations
$359,441 $112,802 $472,243
Retail EVCS TBD $162,108 $66,500 $228,608
Program Management,
Outreach, and 2024
Blueprint Consultants
$507,000 $0 $507,000
KCOG Materials & Misc.
including eBikes;
Match includes KCOG
outreach
$21,600 $29,500 $51,100
Charging Stations TBD $80,500 $3,500 $84,000
TOTAL $700,515
$2,500,000
$242,841
$833,377
$943,356
$3,333,377
5. CI
TY agrees to carry out Exhibit A Scope of Work in accordance with Exhibit B Schedule of Products and Due Dates and Exhibit C Budget . City of Wasco agrees to comply with Attachment 1: CEC Exhibit C: Terms and Conditions. City of Wasco agrees to comply with Attachment 1A CEC Exhibit C eCAMS Streamlining Terms ARV-20-010-01. 52 of 252
6. Shoul
d the CITY scope of work be executed for less than total CEC funding awarded to CITY through this MOU, MOU amounts exceeding actual expenses shall be reserved by KERN COG to be redistributed at its discretion with the concurrence of the CEC.
7. CITY
and KERN COG agree that KERN COG wi ll demonstrate the KERN COG share of matching fund contributions to CEC.
8. CITY
and KERN COG agree that KERN COG staff will require member agency staff to participate in the execution of their scope of work and KERN COG program management meetings held at a minimum of quarterly.
9. The f
ailure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
10. Al
l notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows or at any other address designated by notice:
CI
TY: City of Wasco
Maria Lara, Assistant City Manager
746 Eighth Street
Wasco, CA 93280
KE
RN COG: KERN COUNCIL OF GOVERNMENTS
Ahron Hakimi, Executive Director
1401 19th Street, Suite 300
Bakersfield, California 93301
11. Th
is Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Councils and the Kern Council of Governments, Board of Directors.
12. Any
services of CITY or KERN COG are provided as independent contractors. No party is an agent or employee of any other party for any purpose and is not entitled to any of the benefits provided by any party to its employees. This Agreement shall not be construed as forming a partnership or any other association between CITY, and KERN COG other than that of an independent contractor.
13. No par
ty shall be liable to any other party for any loss, damage, liability, claim or c ause of action for damage to or destruction of property or for injury to or death of persons arising from any act or omission of the other party's officers, agents, or employees. Further, no party is liable to any other party for loss or inaccuracy of data. Each party is encouraged to have current backup storage of all data and other relevant information. Further, no party is liable to any other party for any damage to information or equipment which results from the transfer of data.
14. A par
ty against whom any claim arising from any subject matter of this Agreement is filed shall give prompt written notice of the filing of the claim to all other parties.
15. Thi
s Agreement is effective upon execution. It is the product of negotiation and, therefore, shall not be construed against any party.
16. Any
party to this Memorandum of Understanding may terminate its participation in the activities herein described upon thirty (30) days' written notification to the other parties.
Termination by one party does not terminate the agreement between the remaining parties, including the CEC or other KERN COG subcontractors participating in this CEC award of funding through amended agreement ARV-20-010-01.
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IN
WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed, the day and year first-above written.
"C
ITY of Wasco"
REC
OMMENDED AND APPROVED
AS TO CONTENT:
M. Scott Hurlburt, City Manager
City of Wasco
APPRO
VED AS TO FORM:
__________________________
Legal
Counsel
[R
emainder of page left blank intentionally]
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IN
WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed, the day and year first-above written.
"K
ERN COUNCIL OF GOVERNMENTS"
REC
OMMENDED AND APPROVED
AS TO CONTENT:
__________________________ __________________________
AHRON HAKIMI Bob Smith, Chairman
Executive Director Kern Council of Governments
Kern Council of Governments
APPROVED AS TO FORM:
__________________________
Brian Van Wyk, Deputy Counsel for
Kern Council of Governments
[R
emainder of page left blank intentionally]
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EXHI
BIT A
Scope of Work
City of Wasco
Revised July 21, 2022
TECHNICAL TASK LIST
Task # Assigned Task Name
1 X Administration
2 X Electric Vehicle Charging Station Installation
3 NA Workforce Development and Support
4 X Outreach
5 X Data Collection and Analysis
KEY
NAME LIST
Task # Key Personnel Key Subcontractor(s) Key Partner(s) 1 Linda Urata, Project
Manager
Maria Lara
2 Linda Urata Maria Lara, Kameron Arnold,
Luis Villa
3 Linda Urata N/A
4 Linda Urata Maria Lara
5 Linda Urata Maria Lara, Kameron Arnold, Luis
Villa
GLOS
SARY
Specific terms and acronyms used throughout this scope of work are defined as follows:
Term/ Acronym Definition
CAM (California Energy) Commission Agreement Manager
CEC California Energy Commission
CTP Clean Transportation Program
CPR CEC Critical Project Review
EV Electric Vehicle. A broad category that includes all vehicles that are fully powered by electricity or an electric motor.
EVI Electric Vehicle Infrastructure
EVITP Electric Vehicle Infrastructure Training Program
EVSE
Electric Vehicle Supply Equipment. Infrastructure designed to supply power to EVs. EVSE can charge a wide variety of EVs, including BEVs and PHEVs.
FTD Fuels and Transportation Division
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Term/ Acronym Definition
Kern COG Kern Council of Governments
PM Kern COG Project Manager
Recipient City of Wasco
Ba
ckground
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. 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-authorizes the Clean Transportation Program through January 1, 2024. The Clean Transportation Program has an annual budget of approximately $100 million and provides financial support for projects that:
• Reduce California's use and dependence on petroleum transportation fuels and increase the use of alternative and renewable fuels and advanced vehicle technologies. • Produce sustainable alternative and renewable low-carbon fuels in California. • Expand alternative fueling infrastructure and fueling stations. • Improve the efficiency, performance, and market viability of alternative light-, medium-, and heavy-duty vehicle technologies.
• Retrofit medium- and heavy-duty on-road and non-road vehicle fleets to alternative technologies or fuel use.
• Expand the alternative fueling infrastructure available to existing fleets, public transit, and transportation corridors.
• Establish workforce training programs and conduct public outreach on the benefits of alternative transportation fuels and vehicle technologies.
On A
ugust 12, 2020, the CEC released a Grant Solicitation and Application Package entitled "Electric Vehicle Ready Communities Phase II- Blueprint Implementation" under the Clean Transportation Program. This competitive grant solicitation was for Phase II of a two-phase effort to implement projects developed and identified in Phase I, Blueprint Development, of the Electric Vehicle Ready Communities Challenge. In response to GFO-19-603, Kern COG submitted application #7, which was proposed for funding in the CEC's Notice of Proposed Awards on January 8, 2021, and the Revised Notice of Proposed Awards on September 13, 2021. GFO-19-603 and Kern COG's application are hereby incorporated by reference into this Agreement in their entirety.
In t
he event of any conflict or inconsistency between the terms of the Solicitation and the terms of the Kern COG's Application, the Solicitation shall control. In the event of any conflict or inconsistency between the Recipient's Application and the terms of Commission's Award, the Commission's Award shall control.
Similarly, in the event of any conflict or inconsistency between the terms of this Agreement and Kern COG's Application, the terms of this Agreement shall control.
Problem Statement:
Kern County is challenged by poor air quality and barriers to the deployment of emission reduction transportation technologies. According to CalEnviroscreen 3.0, 81-90% of the County qualify as Disadvantaged Communities (DACs). DACs generally lack private investment and the capacity to develop, fund, and manage clean transportation projects on their own.
The Kern Electric Vehicle Charging Station Blueprint (Blueprint) was created to address barriers to the installation of electric vehicle (EV) charging stations in Kern County. This Blueprint Implementation project will address principal barriers identified in the Blueprint plan. 57 of 252
Tr
ansportation solutions to improve air quality will vary with local transportation requirements. Many of the community dial-a-ride, transit agencies, and school districts provide transportation options that demonstrate a need for what is known as last-mile transit. Kern Council of Governments and other San Joaquin Valley Regional Planning Agencies funded a study conducted by the UC Davis Institute of Transportation Studies on rural last-mile transit. This study led to the development of MioCar. MioCar is a member-based electric carshare program and provides transportation options for people living in and near low-income housing in the Kern County communities of Wasco and Arvin/Lamont. Effective transportation solutions require programs such as MioCar to expand to new disadvantaged communities.
Workforce development offers opportunities to individuals interested in the energy or transportation fields.
The transition to zero-emission fuels will require individuals trained to work on cars, design and install stations, provide maintenance to cars and stations, operating vehicles takes some training, and then there is always planning for the future and autonomous vehicles.
Kern County partners require support in their areas of expertise and their efforts to serve the communities.
This project will provide the funding needed to support these efforts for zero-emission transportation to serve local communities.
Goals of the Agreement:
The goal of this Agreement is to advance electrified transportation in and between Kern County communities in ways that provide convenient, safe, and clean transportation for a broad spectrum of residents.
Objectives of the Agreement:
The objectives of the PRIME Agreement between Kern COG and the California Energy Commission are for Kern COG to administer an effective and timely program to install electric vehicle charging equipment, to expand MioCar electric carsharing to new communities, and allow Bakersfield College to expand their curriculum and install equipment for hands-on training. The public and private site hosts and communities will have an impact on EV adoption beyond their immediate locations and support electrified transportation options. Bakersfield College will be established as a leader in training the technicians of today for both the technology of today and the future.
Objectives of the Sub-Agreement:
The objectives of the Agreement between Kern COG and the City of Wasco are for the City of Wasco to complete Tasks 2: install electric vehicle and equipment charging equipment, to provide usage and operational data, Task 4: conduct education and awareness efforts to support developing the use of the charging stations installed, and Task 5: complete data collection and reporting tasks as described within the Scope of Work.
TASK 1 ADMINISTRATION
Task 1.1 Attend Kick-off Meeting
The goal of this task is to establish the lines of communication and procedures for implementing this Agreement. The Project Manager shall designate the date and location of this meeting and provide an agenda to the Recipient prior to the meeting.
The Recipient shall:
• Attend a "Kick-Off" meeting with the Project Manager, and a representative of Kern COG's Accounting team. The Recipient shall bring its Project Manager, Agreement Administrator, Accounting Officer, and others as they deem appropriate. • Discuss the following administrative and technical aspects of this Agreement:
o Agreement Terms and Conditions
o Match fund documentation
o Permit documentation
o Subcontracts needed to carry out project
o The Project Manager's expectations for accomplishing tasks described in the Scope of Work
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o An updat
ed Schedule of Products and Due Dates
o Monthly Progress Reports
o Technical Products (Product Guidelines located in Section 5 of the Exhibit C:
CEC Terms and Conditions)
o Final Report
Recipient Products:
• Updated Schedule of Products
• Updated List of Match Funds
• Updated List of Permits
Pr
oject Manager Product:
• Kick-Off Meeting Agenda
Task 1.2 Critical Project Review (CPR) Meetings
CPRs provide the opportunity for frank discussions between the CEC and Kern COG. The goal of this task is to determine if the project should continue to receive CEC funding to complete this Agreement and to identify any needed modifications to the tasks, products, schedule, or budget.
The Commission Agreement Manager may schedule CPR meetings as necessary, and meeting costs will be borne by the Kern COG.
Meeting participants include the CAM and Kern COG and may include the Commission Grants Officer, the Fuels and Transportation Division (FTD) program lead, other CEC staff and Management, as well as other individuals selected by the CAM to provide support to the CEC, which may include the Recipient.
The CAM shall:
• Determine the location, date, and time of each CPR meeting with Kern COG. These meet
ings generally take place at the CEC, but they may take place at another location or remotely.
• Send Kern COG the agenda and a list of expected participants in advance of each CPR.
If applicable, the agenda shall include a discussion on both match funding and permits. • Conduct and make a record of each CPR meeting. Prepare a schedule for providing the written determination described below.
• Determine whether to continue the project, and if continuing, whether or not modifications are needed to the tasks, schedule, products, and/or budget for the remainder of the Agreement. Modifications to the Agreement may require a formal amendment (please see section 8 of the Terms and Conditions). If the CAM concludes that satisfactory progress is not being made, this conclusion will be referred to the Lead Commissioner for Transportation for his or her concurrence.
• Provide Kern COG with a written determination in accordance with the schedule. The written response may include a requirement for Kern COG to revise one or more product(s) that were included in the CPR.
Kern COG shall:
• Prepare a CPR Report for each CPR that discusses the progress of the Agreement toward achieving its goals and objectives. This report shall include recommendations and conclusions regarding continued work of the projects. This report shall be submitted along with any other products
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Task 1.
3 Final Meeting. The goal of this task is to closeout this Agreement.
Kern COG shall:
• Meet with CEC staff to present the findings, conclusions, and recommendations. The final meeting must be completed during the closeout of this Agreement. If requested by the CAM, Kern COG shall invite the Recipient to participate in the meeting and/or the written reports.
This meeting will be attended by, at a minimum, Kern COG, the Commission Grants Office Officer, and the Commission Agreement Manager. The technical and administrative aspects of Agreement closeout will be discussed at the meeting, which may be two separate meetings at the discretion of the Commission Agreement Manager.
The technical portion of the meeting shall present an assessment of the degree to which project and task goals and objectives were achieved, findings, conclusions, recommended next steps (if any) for the Agreement, and recommendations for improvements. The Commission Agreement Manager will determine the appropriate meeting participants.
The administrative portion of the meeting shall be a discussion with the Commission Agreement Manager and the Grants Officer about the following Agreement closeout items:
o What to do with any equipment purchased with CEC funds (Options) o CEC's request for specific "generated" data (not already provided in Agreement products)
o Need to document Kern COG's disclosure of "subject inventions" developed under the Agreement
o "Surviving" Agreement provisions
o Final invoicing and release of retention
• Prepare a schedule for completing the closeout activities for this Agreement.
Products:
• Written documentation of meeting agreements
• Schedule for completing closeout activities
Task 1.4 Monthly Progress Reports
The goal of this task is to periodically verify that satisfactory and continued progress is made towards achieving the objectives of this Agreement on time and within budget.
The objectives of this task are to summarize activities performed during the reporting period, to identify activities planned for the next reporting period, to identify issues that may affect performance and expenditures, and to form the basis for determining whether invoices are consistent with work performed.
The Recipient shall:
• Prepare a Monthly Progress Report using the template provided by Kern COG, which summarizes all Agreement activities conducted by the Recipient for the reporting period, including an assessment of the ability to complete the Agreement within the current budget and any anticipated cost overruns. Each progress report is due to the Project Manager within 8 days of the end of the reporting period. The recommended specifications for each progress report are contained in Section 6 of the Terms and Conditions of this Agreement.
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• In t
he first Monthly Progress Report and first invoice, document and verify match expenditures and provide a synopsis of project progress, if match funds have been expended, or if work funded with match share has occurred after the notice of proposed award but before execution of the grant agreement. If no match funds have been expended or if no work funded with match share has occurred before execution, then state this in the report. All pre-execution match expenditures must conform to the requirements in the Terms and Conditions of this Agreement.
Product:
• Monthly Progress Reports
Task 1.5 Final Report
The goal of the Final Report from Kern COG to the CEC is to assess the project's success in achieving the Agreement's goals and objectives, advancing science and technology, and providing energy-related and other benefits to California.
The objectives of the Final Report are to clearly and completely describe the project's purpose, approach, activities performed, results, and advancements in science and technology; to present a public assessment of the success of the project as measured by the degree to which goals and objectives were achieved; to make insightful observations based on results obtained; to draw conclusions, and to make recommendations for further projects and improvements to the FTD project management processes.
The Recipient will be asked to complete a Final Report due no later than 30 days prior to the end of this agreement.
The Final Report from Kern COG to the CEC shall be a public document. If the Recipient has obtained confidential status from the CEC and will be preparing a confidential version of the Final Report as well, the Recipient shall perform the following activities for both the public and confidential versions of the Final Report.
The Recipient shall:
• Prepare a Final Report following the latest version of the Final Report guidelines, which will be provided by the CAM to Kern COG.
Products:
• Final Report
Ta
sk 1.6 Identify and Obtain Matching Funds
The goal of this task is to ensure that the match funds planned for this Agreement are obtained for and applied to this Agreement during the term of this Agreement.
The costs to obtain and document match fund commitments are not reimbursable through this Agreement. Although the CEC budget for this task will be zero dollars, the Recipient may utilize match funds for this task. Match funds shall be spent concurrently or in advance of CEC funds for each task during the term of this Agreement. Match funds must be identified in writing and the associated commitments obtained before the Recipient can incur any costs for which the Recipient will request reimbursement.
The Recipient shall:
• Prepare a letter documenting the match funding committed to this Agreement and submit it to the Project Manager with the first monthly report following the execution of the amended Memorandum of Understanding. If no match funds were part of the proposal that led to the CEC awarding this Agreement and none have been identified at the time this Agreement starts, then state such in the letter. If match funds were a part of the proposal that led to the CEC awarding this Agreement, then provide in the letter a list of the match funds that identifies the:
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o Am
ount of each cash match fund, its source, including a contact name, address, and telephone number, and the task(s) to which the match funds will be applied.
o Amount of each in-kind contribution, a description, documented market or book value, and its source, including a contact name, address, and telephone number, and the task(s) to which the match funds will be applied. If the in-kind contribution is equipment or other tangible or real property, the Recipient shall identify its owner and provide a contact name, address and telephone number, and the address where the property is located.
• Provide a copy of the letter of commitment from an authorized representative of each source of cash match funding or in-kind contributions that these funds or contributions have been secured. For match funds provided by a grant, a copy of the executed grant shall be submitted in place of a letter of commitment.
• Discuss match funds and the implications to the Agreement if they are reduced or not obtained as committed, at the kick-off meeting. If applicable, match funds will be included as a line item in the progress reports and will be a topic at CPR meetings. • Provide the appropriate information to the Commission Agreement Manager if, during the course of the Agreement, additional match funds are received. • Notify the Commission Agreement Manager within 10 days if, during the course of the Agreement, existing match funds are reduced. Reduction in match funds must be approved through a formal amendment to the Agreement and may trigger an additional CPR meeting.
Products:
• A letter regarding match funds or stating that no match funds are provided • Copy(ies) of each match fund commitment letter(s) (if applicable) • Letter(s) for new match funds (if applicable)
• Letter that match funds were reduced (if applicable)
Ta
sk 1.7 Identify and Obtain Required Permits
The goal of this task is to obtain all permits required for work completed under this Agreement in advance of the date they are needed to keep the Agreement schedule on track.
Permit costs and the expenses associated with obtaining permits are not reimbursable under this Agreement. Although the CEC budget for this task will be zero dollars, the Recipient shall budget match funds for any expected expenditures associated with obtaining permits. Permits must be identified in writing and obtained before the Recipient can make any expenditure for which a permit is required.
Th
e Recipient shall:
• Prepare a letter documenting the permits required to conduct this Agreement and submit it to the Commission Agreement Manager at least 2 working days prior to the kick-off meeting. If there are no permits required at the start of this Agreement, then state such in the letter. If it is known at the beginning of the Agreement that permits will be required during the course of the Agreement, provide in the letter:
o A list of the permits that identifies the:
Type of permit
62 of 252
Nam
e, address, and telephone number of the permitting jurisdictions or lead agencies
o The schedule the Recipient will follow in applying for and obtaining these permits. • Discuss the list of permits and the schedule for obtaining them at the kick-off meeting and develop a timetable for submitting the updated list, schedule, and the copies of the permits. The implications to the Agreement if the permits are not obtained in a timely fashion or are denied will also be discussed. If applicable, permits will be included as a line item in the Progress Reports and will be a topic at CPR meetings. • If, during the course of the Agreement, additional permits become necessary, provide the appropriate information on each permit and an updated schedule to the Commission Agreement Manager.
• As permits are obtained, send a copy of each approved permit to the Commission Agreement Manager.
• If, during the course of the Agreement permits are not obtained on time or are denied, notify the Commission Agreement Manager within 5 working days. Either of these events may trigger an additional CPR.
Products:
• Letter documenting the permits or stating that no permits are required • A copy of each approved permit (if applicable)
• Updated list of permits as they change during the term of the Agreement (if applicable) • Updated schedule for acquiring permits as changes occur during the term of the Agreement (if applicable)
• A copy of each final approved permit (if applicable)
Task 1.8 Obtain and Execute Subcontracts
The goal of this task is to ensure quality products and to procure subcontractors required to carry out the tasks under this Agreement consistent with the Agreement Terms and Conditions and the Recipient's own procurement policies and procedures. It will also provide the CEC (if the CAM makes a request to Kern COG) an opportunity to review the subcontracts to ensure that the tasks are consistent with this Agreement, and that the budgeted expenditures are reasonable and consistent with applicable cost principles.
The Recipient shall:
• Manage and coordinate subcontractor activities.
• Submit a draft of each subcontract required to conduct the work under this Agreement to the Project Manager, who may share them with the Commission Agreement Manager (CAM) for review.
• Submit a final copy of the executed subcontract.
• If Recipient decides to add new subcontractors, then the Recipient shall notify the Project Manager.
Products:
• Draft subcontracts
• Final subcontracts
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TE
CHNICAL TASKS
TASK 2 Electric Vehicle Charging Station Installation
The goal of this task is to install a minimum of two Direct Current fast charging EV chargers in the City of Wasco.
Recipient shall:
• Procure, install, and operate a minimum of two Direct Current Fast Charging electric vehicle chargers at a location in the City of Wasco.
• Coordinate with the Project Manager throughout the process, from design through launch. • Deliver site maps and design project details, including complete schematics on the EV charging station site, off-grid mobile charger orientation, and electrical design. • Obtain any required permits and comply with all applicable federal, state, and municipal laws, rules, codes, and regulations.
• Ensure charger installation is performed and overseen by a qualified and licensed contractor in accordance with all local, state, and federal codes as well as and permitting and inspection requirements.
• Submit an AB 841 Certification that certifies the project has complied with all AB 841 (2020) requirements specified in Exhibit C or describes why the AB 841 requirements do not apply to the project. The certification shall be signed by Recipient's authorized representative. • Submit Electric Vehicle Infrastructure Training Program (EVITP) Certification Numbers of each Electric Vehicle Infrastructure Training Program certified electrician that installed electric vehicle charging infrastructure or equipment. EVITP Certification Numbers are not required to be submitted if AB 841 requirements do not apply to the project. • Ensure the chargers shall remain in service at the project sites for at least 5 years after installation. Maintain a network service agreement for the chargers, if publicly accessible. If for private use only, data collection devices may be used in place of networking, so long as the data collection is sufficient to meet Usage and Operation Report requirements of Task 5. • Coordinate the placement of directional and/or on-site signage to the stations. • List the station on the US Department of Energy Alternative Fuel Data Center Station Locator, www.afdc.energy.gov (including mobile apps for A
pple and Android devices). Make chargers and
sites available for follow-up inspection if requested by Kern COG and/or the CEC. • Conduct four outreach activities, including media releases and events. o P
rovide outreach information in Spanish and English.
• Deliver proof of operational charging equipment and installed signage, including photos of each site.
• Write and submit semi-annual Electric Vehicle Supply Equipment (EVSE) usage report, using the template provided by Kern COG or an approved replacement format, per Task 5.
Products:
• Site maps and design information for charging stations for a minimum of two host sites, with one site (Bakersfield College) possibly having multiple locations on campus. Advise the Project Manager should the stations be moved on campus or moved to another location. • Proof of operational charging equipment and installed signage, including, but not limited to:
o Photos of each site
o Proof of charger availability via the Alternative Fuels Data Center Station Locator tool 64 of 252
(htt
ps://afdc.energy.gov/stations/#/station/new)
• AB 841 Certification and EVITP Certification Numbers
• Outreach materials, photos, presentations, agendas, minutes • Semi-annual EVSE usage report (see Task 5)
TA
SK 3 Workforce Development: DOES NOT APPLY TO CITY OF WASCO The goals of this task are to collaborate with other public and private agency programs to increase access and opportunities for career education and to support EV and EV Infrastructure (EVI) technician and driver training programs at Bakersfield College. The Bakersfield College Automotive Technology Program will expand course offerings to provide training for careers in transit, school transportation, EVI installation, EV Collaborations between Bakersfield College and regional car dealership associations, and appropriate Bakersfield businesses to ensure course offerings and training are those needed by local enterprises.
TA
SK 4 Outreach
The first goal of this task is to attract students to the Bakersfield College Automotive Technology Training Program courses on electric vehicles and electric vehicle infrastructure.
The second goal of this task is to support the market for zero-emission vehicles by communicating the outcomes of this project to a variety of audiences and providing them with education materials and resources for installing charging stations.
The t
hird goal of this task is to identify methods to attract economic investments in electric vehicle use and electric vehicle infrastructure deployment beyond the year 2024. To update the 2019 Kern County Electric Vehicle Charging Station Blueprint, Kern COG will hire a consultant to produce a plan that will assist the region in meeting 2035 goals for zero-emission light-duty vehicle, equipment, and infrastructure deployment. Participation of the recipient is crucial and valued to this update.
Th
e Recipient shall:
Participate in the 2022 and 2023 TRANSITions Transit Symposiums as coordinated with the Project Manager to attend, volunteer, bring a display vehicle, set up a booth, or to present on a panel. • Develop a Quick Reference Guide (2-sided, 1 page maximum) or Best Practices (2-sided, 1 page maximum), including information on incentives and activities specific to the site, and provide to participants of Recipient and/or Kern COG outreach activities. A template may be provided by Project Management Consultant to be hired by Kern COG. Submit a digital master-quality copy of either product to the Project Manager.
• Participate in at least one of the activities below related to the update to the 2019 Kern EV Charging Station Blueprint. Recipient may be asked to provide:
o Survey responses
o Technical Review of the Draft Blueprint
• Suggest additional sites for EV Charging Stations at the Recipient's same or other locations in Kern County
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Pr
oducts:
• Quick Reference Guide or Best Practice Document
• 2022 TRANSITions Transit Symposium participation reported on the Monthly Report • 2023 TRANSITions Transit Symposium participation reported on the Monthly Report • Outreach efforts summarized and reported with the Monthly Report. Include materials used (fliers, website screenshot, other)
• 2024 Kern County EV Charging Station Blueprint participation documented in the Monthly Reports TASK 5 Data Collection and Analysis
The goal of this task is for Kern COG to collect operational data from the Recipient, to analyze that data for economic and environmental impacts, and to include the data and analysis in regular progress reports and the Final Report by Kern COG to the CEC.
The Recipient shall:
• Collect the following data and report it on the Kern COG Usage and Operations Report template:
o Number, type, date, and location of chargers installed. o Nameplate capacity of the installed equipment, in kW. o Number and type of outlets per charger.
o Location type, such as street, parking lot, hotel, restaurant, or multi-unit housing. o Total cost per charger, the subsidy from the CEC per charger, any federal subsidy per charger, any utility subsidy per charger, and any privately funded share per charger. o Data on chargers over a twelve-month period, including:
Number of charging sessions.
Average charging session duration.
Average kWh.
Average charger downtime.
Products
• Usage and Operations Report submitted each six months following the station opening through October 2024
----------o0o----------
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EXHI
BIT B
Schedule of Products and Due Dates
City of Wasco
Revised July 2022
Task
Number
Task
Name Product(s)
Subcontractor
to Kern COG
Due Date
Kern COG to
CEC Due Date
1.1 Attend Kick-off Meeting
Updated Schedule of Products
6/25/2021
8/08/2022
4/30/2021
8/10/2022
Updated List of Match Funds
6/25/2021
8/08/2022
4/30/2021
8/10/2022
Updated List of Permits
No later than
upon issuance of
an RFP 5/27/2021
Kick-Off Meeting Agenda (Kern COG) 6/18/2021 5/27/2021
1.2 Critical Project Review Meetings
1s t CPR
Meeting
CPR Report by subrecipient TBD 12/20/2022
Written determination (CEC) N/A 1/5/2023
1.3 Final Meeting
Written documentation of meeting
agreements N/A
2/29/2024
8/29/2024
Schedule for completing closeout
activities N/A
3/29/2024
9/27/2024
1.4 Monthly Progress Reports
Monthly Progress Reports
The last day of
each month
during the
approved term of
this Agreement.
The 10th
calendar day of
each month
during the
approved term
of this
Agreement
1.5 Final Report
Final Outline of the Final Report N/A
12/12/2023
8/12/2024
Draft Final Report (no less than 60 days
before the end term of the agreement) N/A
1/12/2024
10/30/2024
Final Report
N/A
Delivered with
final invoice, no
later than
9/10/2024.
3/12/2024
12/20/2024
1.6 Identify and Obtain Match Funds
A letter regarding match funds detailing
match funds provided
6/25/2021
8/08/2022 with
Monthly Report
4/30/2021
3/31/2022
Copy(ies) of each match fund
commitment letter(s) (if applicable)
Note: Such as grant voucher approval.
Within 10 days of
receipt from
funding agency.
4/30/2021
4/29/2022
Letter(s) for new match funds (if
applicable)
Within 10 days of
identifying new
match funds
Within 10 days
of identifying
new match
funds
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Letter that match funds were reduced (if
applicable)
Within 10 days of
identifying
reduced funds
Within 10 days
of identifying
reduced funds
1.7 Identify and Obtain Required Permits
Letter documenting the permits or
stating that no permits are required
When RFP is
released. If no
RFP, send prior to
start of work. If
project already
awarded, send
with executed
MOU. All letters
received by
5/31/2022
3/01/2023.
Within 6 months
from each site
host project
initiation date.
All project letters
received by
8/31/2022
A copy of each approved permit (if
applicable)
Within 5 days of
receiving each
permit.
Within 10 days
of receiving
each permit
Updated list of permits as they change
during the term of the Agreement (if
applicable)
Within 5 days of
change in list of
permits.
Within 10 days
of change in list
of permits
Updated schedule for acquiring permits
as changes occur during the term of the
Agreement (if applicable)
Within 5 days of
change in
schedule for
obtaining permits.
Within 10 days
of change in
schedule for
obtaining
permits
Copy(ies) of final approved permit(s), if
applicable
Within 5 days of
obtaining
permit(s)
Within 10 days
of obtaining
permit(s)
1.8 Obtain and Execute Subcontracts
Letter describing the subcontracts
needed, or stating that no subcontracts
are required
30 days prior to
first day of
construction
5/19/2021
10/10/2022
Draft subcontracts
15 days prior to
the scheduled
execution date
15 days prior to
the scheduled
execution date
Final subcontracts
Within 10 days of
the execution
Within 10 days
of the execution
2 Electric Vehicle Charging Station Installation
Site maps and design information for
charging stations
10/30/2021
10/29/2022
11/29/2021
10/29/2022
Photos to document station progress
and completion, including operational
charging equipment, installed signage,
AFDC Station Locator Listing weblink or
verification email
With monthly
reports, as
changes occur.
Within 30 days of
station
commission.
6/29/2023
9/01/2023 (all 10
sites, not only
City of Wasco)
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AB 841 Certification and EVITP
Certification Numbers
Provided with
monthly report
upon award of
charging station
contract or in-
house certification
prior to
construction. 6/29/2023
Outreach materials, photos,
presentations, agendas, minutes
Provided with
monthly report
following the
event or outreach
effort.
Ongoing to
Nov
ember 20,
2023 September
30,2024
Semi-annual EVSE usage reports
(Note: Assumes stations open by
3/01/2023; requirement is for 12 months
of data, ending 9/30/2024).
First report by
6/1/2022
9/01/2023
then every six
months until grant
completion date
First report by
6/1/2022
then every six
months until
grant completion
date
3 Infrastructure to Support Workforce Development N/A
Photos to document students and
instructors using the EVEN off-grid
mobile charging station and level 2
charger installations; delivery of trailer. N/A
12/13/2021
8/08/2024
Report summarizing the use of the
charging equipment at Bakersfield
College N/A
1/8/2024
8/08/2024
4 Outreach
Quick Reference Guide or Best
Practices Flier (2 pages)
2/15/2024
5/15/2024
Copies of agendas, registrations, and
photos
As the three
events are
scheduled, Kern
COG and CEC
program
managers must
be invited to
participate or
copied on the
outreach.
Documents
included with
monthly report
following the
event.
As the events
occur and are
scheduled
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Participation Report for 2022
TRANSITions Transit Symposium -
describe subcontractor participation on
the Monthly Report
With the monthly
report following
the event.
Within 45 days
of the event
Participation Report for 2023
TRANSITions Transit Symposium -
describe subcontractor participation
described on the Monthly Report
With the monthly
report following
the event.
Within 45 days
of the event
Event report for each of the three
additional public electric vehicle
charging events, media releases, emails
to employees, or training workshops
With the monthly
report following
the event Within 45 days
of the event
Ride and Drive event or a National Drive
Electric Week participation or promotion
reported on Monthly Report
N/A Within 45 days
of the event
5 E-Bike Pilot
Summary E-Bike Report
Pending
placement of
eBikes. 6/29/2023
70 of 252
EXHI
BIT C
Budget
City of Wasco
Revised July 2022
SE
E ATTACHMENT: 7/21/2022 eCAMS Budget City of Wasco
Task
No.
Subcontractor
Name Purpose
CA Business
Certifications
DVBE/
SB/MB/None
Energy
Commission
Funds
Match
Share Total1
2 City of Wasco
Install and
commission at least
two (2) Level 3 DC
Fast Charging
electric vehicle
charging stations*
$ 99,000
187,500
$ 33, 000
62,500 $ 132,000
250,000
1Project Total may be larger than $250,000 and may include EVSE, Installation, Utility, Labor, and Outreach expenses. Site host must abide by the eligible expenses outlined in the Terms and Conditions.
Compliance with ADA requirements are not eligible expenses for CEC funding. If total project funding is less than $250,000 the city host may be asked to apply funds to another EVSE project or to release excess funding not needed.
71 of 252
.
TO: H
onorable Mayor and Council Members
FRO
M: M. Scott Hurlbert , City Manager
Maria Lara, Assistant City Manager
DA
TE: August 2, 2022
SUB
JECT: Adopt and Waive the Second Full Reading by title only of An Ordinance of the City of Wasco Amending Title 9 “Public Peace, Morals, and Welfare” of the City of Wasco Municipal Code, Chapter 9, to Establishing Regulations Prohibiting the Unlawful Possession of a Catalytic Converter and Making a Determination of Exemption Under CEQA.
Recommendation:
Staff recommends that the City Council adopt and waive the second full Reading by title only of the Ordinance and make a determination that the item is exempt under CEQA.
Discussion:
The proposed ordinance was introduced to City and Council on July 19, 2022.
The City of Wasco Municipal Code currently does not reference Catalytic Converter thefts. This ordinance will make it unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.
According to State Farm, the company paid $2.5 million for 1,104 catalytic converter theft claims in 2019. In 2020, it paid out more than four times that amount for 4,507 catalytic converter theft claims. Last year, California made up almost one- third of all catalytic converter claims in the United States, with $23 million being spent on 9,057 catalytic converter theft claims within the state.
According to the Kern County Sheriff, in 2021, there were 27 catalytic converter thefts in Wasco reported, and from January 1, 2022, there have been 27 already. Based on the data, the catalytic convertor thefts are on track to double by the end of 2022 from 2021 in the City of Wasco. Replacing a catalytic converter can cost about $2,500.00 (Wasco victims have paid approximately $135,000.00 for 54 catalytic converter thefts ); for a severely disadvantaged community where the median household income is $39,291 (Source: U.S. Census 2022), coming up with $2500 to make a vehicle workable again, is a substantial financial impact on our residents.
STAFF REPORT
City of Wasco
72 of 252
Existing law makes it extremely difficult for local law enforcement officers to apprehend catalytic converter thieves despite the significant increase in catalytic converter thefts.
This ordinance seeks to address the dramatic rise in catalytic converter t hefts in Wasco by establishing regulations prohibiting the unlawful possession of catalytic converters in the City of Wasco.
Fiscal Impact:
None.
At
tachments:
1. Ordinance
2. Kern County Sheriff Crime Statistics for Catalytic Converter Thefts
3. Notice of Public Hearing
73 of 252
ORDINANCE NO.2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO,
CALIFORNIA, AMENDING CHAPTER 9 OF THE WASCO MUNICIPAL
CODE, TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE) ESTABLISHING
REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTERS IN THE CITY AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA
WHEREAS, the City of Wasco, California ( "City") is a municipal corporation duly organized under the constitution and laws of the State of California; WHEREAS, the citizens of Wasco have experienced increased numbers of catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Wasco to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Wasco requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement's ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim) because catalytic converters typically have no identifying markers; and WHEREAS, the citizens of Wasco and the Kern County Sheriff's Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero -tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Wasco and the Kern County Sheriff's Department by reducing the time invested in deterring and investigating catalytic converter thefts; and 74 of 252
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repai rs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, this Ordinance is necessary to provide the City of Wasco and the Kern County Sheriff's Department clear legal authority to better protect the public and deter this criminal activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WASCO DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein by this reference.
Section 2. Chapter 9 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 9 (Public Peace, Morals, and Welfare) of the Wasco Municipal Code is hereby added to read in its entirety as follows:
"Chapter 9.46 (Unlawful Possession of a Catalytic
Converter Prohibited) of Title 9 (Public Peace, Morals, and Welfare)
9.46.010 Unlawful Possession of a Catalytic Converter Is Prohibited It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.
9.46.020 Definitions
a. For purposes of this section, "lawful possession" includes (1) being the lawful owner of the catalytic converter or (2) in the possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converte r was stolen to establish the possession is not a "lawful possession."
b. For purposes of this section, "documentation or other proof" means the written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
1. Bill of sale from the original owner with photographs.
2. Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated. 75 of 252
9.46.030
Violations
a. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Wasco Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
b. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.08 of Title 1 of this Code for any person to violate any provision of this section. c. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law." Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or Chapter 9.46.010 is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Wasco hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Section 4. This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines and is not a project which has the potential for causing a significant effect on the environment.
Section 5. The City Cle rk of the City of Wasco shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 6. This Ordinance shall take effect 30 days after the date of its passage and within 15 days of its passage shall be published in a newspaper of general circulation, printed and published in the City of Wasco.
INTRODUCED at a regular meeting of the City Council of the City of Wasco on the 19 th day of July 2022.
76 of 252
PA
SSED AND ADOPTED at a regular meeting of the City Council of the City of Wasco this 2nd day of August 2022.
I HEREBY CERTIFY that the foregoing Ordinance No. 202 2 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on August 2, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
GILBERTO REYNA,
MAYOR
of the City of Wasco
Attest: ______________
__________________________________
MARIA O. MARTINEZ
CITY CLERK a
nd Ex Officio Clerk of
the Council of the City of Wasco
77 of 252
County-Wide Wasco County-Wide Wasco
632 27 258 27
Catalytic Converter Theft Reports Catalytic Converter Theft Reports 2021 01/01/2022 - 05/23/2022-YTD
Prepared by KCSO CAU - 05/25/2022 - ml
78 of 252
PROOF OF PUBLICATION
(2015.SC.C.P.)
(GENERAL FORM)
STATE OF CALIFORNIA } ss.
County of Kern
I, the undersigned, am a c1t1zen of the United
States and a resident of the County aforesaid;
I am over the age of eighteen years, and not a
part of or interested in the above entitled mat
ter. I am the chief clerk/publisher of the Wasco
Tribune, a newspaper of general circulation, pub-
1 ished weekly, in the City of Wasco, County of
Kern, and which newspaper has been adjudged a
newspaper of general circulation and published
by the Superior court order number 183950, of
the county of Kern; that the notice, of which the
annexed is a printed copy, has been published in
each regular and entire issue of said newspaper
and in any supplement thereof on the following
dates, to-wit:
July 7, 2022
I certify (or declare) under the penalty of perjury
that the foregoing is true and correct.
DUuU��I�
ignature)
Executed on July 7, 2022 ---------------
at Shafter, California
The Wasco Tribune
PO Box 789
Shafter, CA 93263
Phone (661)292-5100
PUBLIC NOTICE
LEGAL NOTICE
NOTICE BY THE WASCO CITY COUNCIL
OF INTENT TO ADOPT AN ORDINANCE
NOTICE IS HEREBY GIVEN that on
Tuesday, July 19, 2022, at 6:00 p.m. or
as soon thereafter, the City Council of
the City of Wasco Intends to adopt an
Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WASCO, CAiifornia,
Iamending cHAPTER 9 OF THE WASCO
MUNICIPAL CODE, tlTLE 9 (public peace,
morals, and welfare) establishrng regu
lations prohibiting the unlawful posses
sion of catalytic converters In the city
SUMMARY
The proposed Ordinance will amend
Title 9 of the Wasco Municipal Code,
amending Chapter 9, establishing regu
lations prohibiting the unlawful posses
sion of catalytic converters that is not
attached to a vehicle unless the pos
sessor has valid documentation or other
proof to verify that they are In lawful
possession of the catalytic converter, as
sufficient evidence for violation. If ad
opted by the City Council, the ordinance
will become effective 30 days from the
date it is adopted.
A copy of the full text of the Ordinance
is available for review in the Office of
the City Clerk, City of Wasco, 7 46 - 8th
Street, Wasco, CA 93280. You may con
tact the City Clerk at (661) 758-7214
with questions regarding this proposed
Ordinance.
DATED: June 27, 2022
/s/ Maria 0. Martinez_
MARIA 0. MARTINEZ
Clerk of the City of Wasco and
Ex-Officio Clerk of the Council
Publish Wasco Tribune July 7, 2022
79 of 252
.
TO: H
onorable Mayor and Council Members
FRO
M: M. Scott Hurlbert , City Manager
Maria Lara, Assistant City Manager
DA
TE: August 2, 2022
SUB
JECT: Adopt a Resolution Authorizing the City Manager or his designee to approve a purchase order in the amount of $79,221.28 to purchase two Hybrid SUV ’s for Code Enforcement and Building Department Vehicle Replacement and make a Budget Amendment to the Adopted FY 2022 - 2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022-2023.
Recom
mendation:
Staff recommends City Council adopt a resolution authorizing the City Manager or his designee to approve a purchase order in the amount of $ 79,221.28 to purchase two Hybrid SUV’s for Code Enforcement and Building Department Vehicle Replacement and make a Budget Amendment to the Adopted FY 2022 -2023 Capital Improvement Plan and Adopted Annual Operating Budget for FY 2022-2023.
Discussion:
Currently, the Code Enforcement Department is utilizing a 15-year-old pickup truck, and the Building Department needs replacing a 19- year-old pickup truck. Per Project No. 22008 in the approved Capital Improvement Plan Budget, both of these trucks are to be replaced with hybrid SUV’s which will be more reliable and more fuel efficient than the current trucks they are replacing.
In
accordance with the City’s municipal code, the City may utilize joint powers agreements to procure equipment. The City is a member of Sourcewell.
Sourcewell is a national joint power agreement that allows the City to make equipment purchases without further competitive bidding. The City will be obtaining the SUV’s using Sourcewell Contract No. 091521-NAF.
Ba
sed on the Sourcewell quote, there is a need for a budget amendment to increase the dollar amount by ($4,000.00) four thousand dollars. Vehicle p rices remain high, primarily due to customers paying more than the listed sticker price and the shortage of supply/microchips still impacting the market and inflation.
STAFF REPORT
City of Wasco
80 of 252
The budget amendment coming before the Council authorizes the City Manager or his designee to make monetary and administrative adjustments necessary to the FY 2022 - 2023 Capital Improvement Plan Project # 22008 and the Adopted Annual Operating Budget to increase transparency throughout the execution of projects.
Fiscal
Impact:
This budget amendment will increase by $4,000.00 the budget for FY 22/23 CIP Project #22008. The following funding sources will increase the General Fund amount from $36,000 to $40,000.00, which will be matched with an SJVAPCD Voucher Grant of $40,000, a new total of $80,000.
At
tachments:
1. Resolution
2. Exhibit A – Summary of Budget Amendment
3. Sourcewell Quote
81 of 252
RESOLUTION NO. 2022 -
A R
ESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO APPROVE A PURCHASE ORDER TO PURCHASE TWO HYBRID
SUVS FOR THE CODE ENFORCEMENT AND BUILDING DEPARTMENTS IN THE AMOUNT OF $79,221.28 AND BUDGET AMENDMENT TO THE ADOPTED FY 2022-2023 CAPITAL IMPROVEMENT PLAN AND ANNUAL OPERATING BUDGET FOR FY 2022-2023 WHER
EAS, the City wishes to purchase two SUVs from National Auto Fleet Group; and, WHER
EAS, said Sourcewell Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and,
WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and,
WHE
REAS, the City’s cost for the SUV s in the amount of $ 79,221.28 is to be from the Capital Outlay Fund; and,
WHER
EAS, a summary of the budget amendment that will take place is included as Exhibit “A”; and,
WHER
EAS, the budget amendment will proceed in accordance with generally accepted accounting principles (GAAP); and,
WHER
EAS, CITY delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, budget amendments , and payment requests, which may be necessary for the completion of the grant scope(s).
NO
W THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECT
ION 1: Authorizes the City Manager or his designee to sign and execute a purchase order with National Auto Fleet Group to purchase two SUVs for the Code Enforcement and Building Departments in the amount of $79,221.28.
SECT
ION 2: Approves Budget Amendment to the Adopted 2022- 23 Capital Improvement Plan and Adopted 2022-23 Annual Operating Budget.
SECT
ION 3: Authorizes the City Manager to make monetary and administrative budget amendments as outlined in Exhibit “A.”
SECT
ION 4: Delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to, applications, 82 of 252
agreements, amendments, budget amendments, and payment requests, which may be necessary for the completion of the project.
-o0o
-
I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on August 2, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________
___________
GILBERTO REYNA,
MAYOR of the City of Wasco
At
test: _______________
_______________
___________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
83 of 252
Exhibit A
PROJECT NAME Funding Source CURRENT
BUDGET
REVISED
BUDGET
DIFFERENCE
FY 22/23 CIP
PROJECT# 22008:
Code Enforcement
and Building
Department Vehicle
Replacement
1. General Fund
2. APCD Grant
Incentive
$36,000.00
$40,000.00
$40,000.00
No Change
+$4,000.00
Total $76,000.00 $80,000.00
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490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • (831) 480-8497 Fax
Fl eet@N atio n a IAuto Fl eetGro up.com
07/05/2022
Kameron Arnold
City of Wasco
801 8th St.
Wasco, CA 93280
Dear Kameron Arnold,
Quote ID#20310NC
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
Three (3) New/Unused (2022 Ford Escape
(U0E) SE Plug-In Hybrid FWD Batch #60-18)
delivered to your department yard, each for
Contract Price
Tax (8.250%)
Delivery
Courtesy Discount
Total
(1) MSRP
$ 37,200.00
-per your attached specifications:
(1) One Unit
$36,360.64
$ 2,999.75
$ 350.00
$ -100.00
$39,610.64
(3) Three Unit's
$ 109,081.92
$ 8,999.25
$ 1,050.00
$ -300.00
$ 118,831.17
Total Savings
$2,518.08
This vehicle(s) is available under the Sourcewell Contract 091521-NAF. Please reference this Contract Number on all Purchase Orders to National Auto Fleet Group.
Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
Jesse Cooper
National Fleet Manager
Office
(855) 289-6572
Fax (831) 480-8497
@TOYOTA
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Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:
Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Learn how to track your vehicle:
Use the upfitter of your choice:
Vehicle Status:
General Inquiries:
Additional Resources
www.NAFGETA.com
www.NAFGpartner.com
[email protected]
Fleet@NationalAutoFleetGrouP-,com
For general questions or assistance please contact our main office at:
1-855-289-6572
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Vehicle Configuration Options
ENGINE
Code Description
99Z ENGINE: 2.5L IVCT ATKINSON CYCLE 1-4 HYBRID, (STD)
TRANSMISSION
Code Description
445 TRANSMISSION: ECVT, (STD)
PRIMARY PAINT
Code Description
YZ OXFORD WHITE
PAINT SCHEME
Code Description
STANDARD PAINT -
SEAT TYPE
Code Description
4H DARK EARTH GRAY, UNIQUE CLOTH FRONT BUCKET SEATS, -inc: 6-way manual driver (fore/aft, up/down, recline) and 4-way manual front passenger (fore/aft, recline)
OPTION PACKAGE
Code Description
600A EQUIPMENT GROUP 600A
ADDITIONAL EQUIPMENT
Code Description
51U MINI SPARE WHEEL, -inc: mini spare tire, wheel nut wrench and jack 153 FRONT LICENSE PLATE BRACKET, -inc: Standard in states requiring two license plates and optional to all others
soc FRONT & REAR FLOOR LINERS W/O CARPET MATS, -inc: Deletes the standard carpeted front and rear floor mats
60S REAR PARKING SENSORS
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2022 Fleet/Non-Retail Ford Escape SE Plug-In Hybrid FWD WINDOW STICK�R
2022 Ford Escape SE Plug-In Hybrid FWD
CODE MODEL MSRP
U0E 2022 Ford Escape SE Plug-In Hybrid FWD $35,455.00
OPTIONS
ggz ENGINE: 2.5L IVCT ATKINSON CYCLE 1-4 HYBRID, (STD) $0.00 445 TRANSMIS SION: ECVT, (STD) $0.00
YZ OXFORD WHITE $0.00
- STANDARD PAINT $0.00
4H DARK EARTH GRAY, UNIQUE CLOTH FRONT BUCKET SEATS, -inc: 6-way manual driver $0.00 (fore/aft, up/down, recline) and 4-way manual front passenger (fore/aft, recline) 600A EQUIPMENT GROUP 600A $0.00
51U MINI SPARE WHEEL, -inc: mini spare tire, wheel nut wrench and jack $110.00 153 FRONT LICENSE PLATE BRACKET, -inc: Standard in states requiring two license plates and optional to all others
$0.00
soc FRONT & REAR FLOOR LINERS W/O CARPET MATS, -inc: Deletes the standard carpeted front $160.00 and rear floor mats
60S REAR PARKING SENSORS $245.00
Please note selected options override standard equipment SUBTOTAL $35,970.00
Advert/ Adjustments $0.00
Manufacturer Destination Charge $1,495.00
TOTAL PRICE $37,465.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
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Standard Equipment
MECHANICAL
Engine: 2.5L iVCT Atkinson Cycle 1-4 Hybrid
Transmission: eCVT
2.91 Axle Ratio
GVWR: TBD
50-State Emissions System
Engine Auto Stop-Start Feature
Sell, service, and deliver letter
Transmission w/Driver Selectable Mode and Oil Cooler
Front-Wheel Drive
Battery w/Run Down Protection
Hybrid Electric Motor
Gas-Pressurized Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Speed-Sensing
Steering
Quasi-Dual Stainless Steel Exhaust w/Chrome Tailpipe Finisher
11.2 Gal. Fuel Tank
Strut Front Suspension w/Coil Springs
Short And Long Arm Rear Suspension w/Coil Springs
Regenerative 4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake
Brake Actuated Limited Slip Differential
Lithium Ion Traction Battery w/3.3 kW Onboard Charger, 11 Hrs Charge Time@ 110/120V, 3.3 Hrs Charge Time@ 220/240V and 14.4 kWh Capacity
EXTERIOR
Wheels: 18" Machined-Face Ebony-Painted Aluminum -inc: painted pockets Tires: 225/60R18 AS BW
Tire Mobility Kit
Clearcoat Paint
Body-Colored Front Bumper w/Metal-Look Rub Strip/Fascia Accent and Black Bumper Insert Blact-. Rear Bumper w/Metal-Look Rub Strip/Fascia Accent Black Bodyside Cladding and Black Wheel Well Trim
Chrome Side Windows Trim
Body-Colored Door Handles
Body-Colored Power Side Mirrors w/Manual Folding
Fixed Rear Window w/Fixed Interval Wiper and Defroster
Speed Sensitive Variable Intermittent Wipers
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Deep Tinted Glass
Fully Galvanized Steel Panels
Lip Spoiler
Black Grille w/Chrome Surround
Liftgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Autolamp Auto On/Off Projector Beam Halogen Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off
Perimeter/Approach Lights
LED Brakelights
Headlights-Automatic Highbeams
ENTERTAINMENT
Radio: AM/FM Stereo -inc: 6 speakers, speed compensated volume and SiriusXM radio w/a 3 month prepaid subscription, Note: SiriusXM audio and data services each require a subscription sold separately, or as a package, by Sirius XM Inc, If you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then-current rates, Fees and taxes apply, To cancel you must call SiriusXM at 1-866-635-2349, See SiriusXM customer agreement for complete terms at www.siriusxm.com, All fees and programming subject to change, Sirius, XM and all related marks and logos are trademarks of Sirius XM Radio Inc SiriusXM service is not available in Alaska and Hawaii.
Radio w/Seek-Scan, Clock, Steering Wheel Controls, Radio Data System and SYNC 3 External Memory Control
Integrated Roof Antenna
Streaming Audio
SYNC 3 Communications & Entertainment System -inc: enhanced voice recognition, 8" LCD capacitive touchscreen in center stack w/swipe capability, Applink, 911 Assist, Apple CarPlay, Android Auto compatibility and smart-charging USB ports
2 LCD Monitors In Th e Front
Bluetooth Wireless Phone Connectivity
INTERIOR
Driver Seat
Passenger Seat
60-40 Folding Split-Bench Front Facing Manual Reclining Fold Forward Seatback Cloth Rear Seat w/Manual Fore/Aft
Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Traction Battery Level, Power/Regen, Trip Odometer and Trip Computer
Power Rear Windows and Fixed 3rd Row Windows
Front Cupholder
Rear Cupholder
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Compass
Remote Keyless Entry w/lntegrated Key Transmitter, Illuminated Entry, Illuminated Ignition Switch and Panic Button
Proximity Key For Doors And Push Button Start
Valet Function
Remote Releases -Inc: Power Fuel
FordPass Connect -inc: 4G LTE Wi-Fi hotspot that connects up to 10 devices (Wi-Fi hotspot includes wireless data trail that begins upon AT&T activation and expires at the end of 3 months or when 3GB of data is used, whichever comes first, but cannot extend beyond the trial subscription period for remote features, To activate, go to www.att.com/ford), Remote start w/specific time scheduling, lock and unlock, locate parked vehicle and check vehicle status (FordPass Connect optional on select vehicles), the FordPass App and complimentary Connected Services are required for remote features (see FordPass Terms for details), Connected Service and features depend on compatible AT&T network availability, Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features, Connected services excluded Wi-Fi hotspot) Cruise Control w/Steering Wheel Controls
Dual Zone Front Automatic Air Conditioning
HVAC -inc: Underseat Ducts and Console Ducts
Glove Box
Driver Foot Rest
Interior Trim -inc: Metal-Look/Piano Black Instrument Panel Insert, Metal-Look Door Panel Insert, Metal-Look Console Insert and Metal-Look Interior Accents Full Cloth Headliner
Metal-Look Gear Shifter Material
Unique Cloth Front Bucket Seats -inc: 6-way manual driver (fore/aft, up/down, recline) and 4-way manual front passenger (fore/aft, recline)
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors w/Driver And Passenger Illumination, Driver And Passenger Auxiliary Mirror
Full Floor Console w/Covered Storage, Mini Overhead Console w/Storage and 2 12V DC Power Outlets
Front And Rear Map Lights
Fade-To-Off Interior Lighting
Full Carpet Floor Covering -inc: Carpet Front And Rear Floor Mats Carpet Floor Trim
Cargo Area Concealed Storage
Cargo Features -inc: Tire Mobility Kit
Cargo Space Lights
Tracker System
Driver / Passenger And Rear Door Bins
Power 1st Row Windows w/Driver 1-Touch Down
Delayed Accessory Power
Power Door Locks w/Autolock Feature
Systems Monitor
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Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
Seats w/Cloth Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Front Center Armrest
1 Seatback Storage Pocket
Securilock Anti-Theft Ignition (pats) Engine Immobilizer Air Filtration
2 12V DC Power Outlets
SAFETY
Advance Trac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) Advance Trac ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Ford Co-Pilot360 - BUS (Blind Spot Information System) Blind Spot Ford Co-Pilot360 - Pre-Collision Assist with Automatic Emergency Braking (AEB) and Ford Co-Pilot360 - Cross-Traffic Alert
Lane Keeping Alert Lane Keeping Assist
Lane Keeping Alert Lane Departure Warning
Collision Mitigation-Front
Driver Monitoring-Alert
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st And 2nd Row Airbags
Personal Safety System Airbag Occupancy Sensor
Driver Knee Airbag
Mykey System -inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Warning, Programmable Sound Chimes and Beltminder w/Audio Mute
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Back-Up Camera
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.
TO: H
onorable Mayor and Council Members
FRO
M: M. Scott Hurlbert , City Manager
Luis Villa, Public Works Director
DA
TE: August 2, 2022
SUB
JECT: Adopt a Resolution Authorizing the City Manager or his designee to execute a purchase contract with Bermingham Controls, Inc. in the amount of $72,281.67 to purchase digester gas valve replacements and make a budget amendment to the Adopted FY 2022- 2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022-2023.
Recom
mendation:
Staff recommends C ity Council adopt a resolution authorizing the City Manager or his designee to execute a purchase contract with Bermingham Controls, Inc. in the amount of $72,281.67 to purchase digester gas valve replacements and m ake a budget amendment to the Adopted FY 2022-2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022-2023.
Discussion:
The Digester gas system at the Wastewater Treatment Facility is aging and in need of replacement. Highly corrosive gases are produced daily in the treatment process . The gases are transferred thr ough the system and flared for safety. Over the years, an increase in development and population has accelerated the need to replace these components appurtenant to the Wastewater Treatment Facility. The City has obtained a quote from Birmingham Controls, Inc to replace all of the digester valves and, as such, is recommending approval of this purchase via purchase order.
Based
on the Bermingham Controls, Inc quote and additional cost for freight , there is a need for a budget amendment by allocating wastewater enterprise Funds, increasing the budget by ($ 7,281.67). Inflation, material cost, and supply shortage are impacting the costs of Capital Improvement Projects.
Th
e budget amendment coming before the Council authorizes the City Manager or his designee to make monetary and administrative adjustments necessary to the FY 2022 - 2023 Capital Improvement Plan Project #2 2016-Replace Digester Gas Pressure and Vacuum Relief Valves and the Adopted Annual Operating Budget to increase transparency throughout the execution of this purchase.
STAFF REPORT
City of Wasco
93 of 252
Fiscal Impact:
The City budgeted $65,000 in the 2022-23 budget (Project No. 22016) for the replacement of these digester gas valves. The cost to replace these valves is $72,281.67 as of July 21, 2022. Due to supply chain issues , pricing has increased significantly. Budget action is required with the approval of this item.
Project Costs by Phase
Prior Years 2022-23 2023-24 2024-25 2025-26 2026-27 Total Study -
Environmental Review -
Land Acquisition -
Site Preparation -
Design -
Construction 65,000 65,000
Construction Management -
Equipment Acquisition -
Total - 65,000 - - - - 65,000 Project Costs by Phase
Project Funding Sources
Prior Years 2022-23 2023-24 2024-25 2025-26 2026-27 Total Treatment Plant Fees 65,000 65,000
-
-
Total - 65,000 - - - - 65,000 Project Funding Sources
Attachments:
1. Resolution
2. Exhibit A - Bermingham Quote
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RESOLUTION NO. 2022 -
A R
ESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE CONTRACT WITH BERMINGHAM CONTROLS, INC. IN THE AMOUNT OF $72,281.67 TO PURCHASE DIGESTER GAS VALVE REPLACEMENTS AND MAKE A BUDGET AMENDMENT TO THE ADOPTED FY 2022-2023 CAPITAL IMPROVEMENT PLAN AND THE ADOPTED ANNUAL OPERATING BUDGET FOR FY 2022-2023 WHEREAS, the City wishes to purchase Digester gas pressure and vacuum relief valves from Bermingham Controls, Inc; and,
WHEREAS, said purchase quotation attached hereto as “Exhibit A” has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and
WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and,
WHEREAS, the City’s cost for the purchase in the amount of $72,281.67 is to be from the Wastewater Enterprise Fund; and,
WHEREAS, budget amendment to the Adopted FY 2022-2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022-2023 increasing the budget by ($7,281.67) is required with approval of this item; and, NO
W THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECT
ION 1: Authorizes the City Manager or his designee to sign and execute a purchase order with Bermingham Controls, Inc to purchase digester gas valves for the Wastewater Treatment Facility in the amount of $72,281.67.
-o0
o-
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I
HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on August 2, 2022, by the following vote:
CO
UNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________
___________________
GILBERTO REYNA
MAYOR of City the Wasco
At
test: _______________
_______________
___________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
96 of 252
Jan 7, 2022
Item Description Price EA Ext. Price
REFERENCE:
TERMS:
DIGEST
OR REPAIRS REV.5
N30
BCI05539
Quotation #
TO: BERMINGHAM CONTROLS INC.
11 144 BUSINESS CIRCLE
CERRITOS, CA, 90703
PHONE 562-860-1600
FROM:CITY OF WASCO
FOB: BY: ALG CC: BAK
Line Qty
ATTN:
PHONE:
EMAIL:
COMMENTS: SEE LINE ITEMS FOR LEAD TIMES
WWW.BERMINGHAM.COM
FOB ORIGIN,PPD & ADD
LUIS FLORES
[email protected]
(661) 758-7229
“Please be aware that Bermingham Controls will add a 3% handling f ee to all invoices paid with a credit card” 4 BAKERSFIELD SHOP REPAIR 3 1BSHOP 750.00 3,000.00
SHOP
REPAIR - TANK VENTS
3" 150# VAREC TANK VENT REPAIRS
QTY 1 - TANK VENT ON CENTER DIGESTOR
QTY 2 - TANK VENTS ON EAST DIGESTOR
QTY 1 - TANK VENT ON WEST DIGESTOR
**REPAIR CHARGE INCLUDES DIAPHRAGMS &
GASKETS**
7 BAKERSFIELD SHOP REPAIR 4 1BSHOP 750.00 5,250.00
SHOP
REPAIR - FLAME ARRESTORS
3" 150# VAREC FLAME ARRESTORS
QTY 1 - FLAME ARRESTOR AT GROUND LEVEL
QTY 2 - FLAME ARRESTORS AT CENTER DIGESTOR
QTY 3 - FLAME ARRESTORS AT EAST DIGESTOR
QTY 1 - FLAME ARRESTORS AT WEST DIGESTOR
7 VAREC SPC10003 9 V2PO0026 3,097.00 21,679.00
SPC10003, 3" BANK
ASSEMBLY, VAREC 5000 / 5010
QTY 1 BANK ASSEMBLY NEEDED PER FLAME
ARRESTOR
**SHIPS 1 WEEK ARO + TRANSIT TIME**
14 VAREC NV10061968A0 8 V2PO0016 108.00 1,512.00
NV10061968A0, 3" FRONT
COVER GASKET 5000 / 5010
QTY 2 GASKETS NEEDED PER FLAME ARRESTOR
**SHIPS 1 WEEK ARO + TRANSIT TIME**
28 VAREC 3-5000-SGSKT 10 V2PO0027 103.00 2,884.00
3-5000-SGSKT, SIDE COVER GASKETS, VAREC
5000 /
5010
Quotation continued on next page ...
EXHIBIT "A"
97 of 252
Jan 7, 2022
Item Description Price EA Ext. Price
REFERENCE:
TERMS:
DIGES
TOR REPAIRS REV.5
N30
BCI05539
Quotation #
TO: BERMINGHAM CONTROLS INC.
1 1144 BUSINESS CIRCLE
CERRITOS, CA, 90703
PHONE 562-860-1600
FROM:CITY OF WASCO
FOB: BY: ALG CC: BAK
Line Qty
ATTN:
PHONE:
EMAIL:
COMMENTS: SEE LINE ITEMS FOR LEAD TIMES
WWW.BERMINGHAM.COM
FOB ORIGIN,PPD & ADD
LUIS FLORES
[email protected]
(661) 758-7229
“Please be aware that Bermingham Controls will add a 3% handling fee to all invoices paid with a credit card” QTY 4 GASKETS NEEDED PER FLAME ARRESTOR
**SHIPS 1 WEEK ARO + TRANSIT TIME**
2 GROTH V2400A00165T0PPA 11 GRPX0010 6,844.00 13,688.00 V2400A00165T0P
PA, SSTL WEIGHT / PALLET
ASSEMBLIES
PRESSURE PALLET: 316 SS
DIAPHRAGM: FLUOROPOLYMER
WEIGHTS: SSTL
Z= PRESSURE SETTING: 15 " W20
**SHIPS 6 WEEKS ARO + TRANSIT TIME**
1 GENERAL 97150-03-21-10 6 VVHK0002 14,351.00 14,351.00 97150-03-21-10, 3" 150# SHAND & JURS BIO-GAS
SINGLE PO
RT REG
SPRING RANGE - 3" - 9" W/C
SET AT 6" W/C
**CURRENT VAREC REGULATOR OBSOLETE**
REGULATOR FOR GROUND LEVEL
**SHIPS 12 WEEKS ARO + TRANSIT TIME**
2 GENERAL 430-3-1 7 VVYK0016 2,551.00 5,102.00
430-3-1, 3" 150# THERMA
L OPERATED SHUT OFF
VALVE
FUSIBLE ELEMENT RELEASED, SPRING OP. PALLET
QTY 1 SHUT OFF VALVE - FOR CENTER DIGESTOR
QTY 1 SHUT OFF VALVE - FOR EAST DIGESTOR
**SHIPS 4 WEEKS ARO + TRANSIT TIME**
----------------------------------------------
**ALL VALVES WILL BE UNINSTALLED / REINSTALLED
BY CUSTOMER**
Quotation continued on next page ...
98 of 252
Jan 7, 2022
Item Description Price EA Ext. Price
REFERENCE:
TERMS:
DIGES
TOR REPAIRS REV.5
N30
BCI05539
Quotation #
TO: BERMINGHAM CONTROLS INC.
1 1144 BUSINESS CIRCLE
CERRITOS, CA, 90703
PHONE 562-860-1600
FROM:CITY OF WASCO
FOB: BY: ALG CC: BAK
Line Qty
ATTN:
PHONE:
EMAIL:
COMMENTS: SEE LINE ITEMS FOR LEAD TIMES
WWW.BERMINGHAM.COM
FOB ORIGIN,PPD & ADD
LUIS FLORES
[email protected]
(661) 758-7229
“Please be aware that Bermingham Controls will add a 3% handling fee to all invoices paid with a credit card” 1 GENERAL 1 12 MISC0001 4,815.67 4,815.67
T
AXES
(LESS TAX AND SHIPPING) 72,281.67TOTAL
99 of 252
BERMINGHAM
CONTROLS, INC.
Baker$3
Hughes·
Ct·:.mnal Portnar
Masoneilan
Consolidated
®oeZURIK
A!OJIHILT■II
SPENCE"
lr"'WalSOtl
\.�McDaniel
Sew re serv\c.e ront rol vah'ts, steam oondltlonJng, turbine bypass and attemperatlon, rotary globe valves, regulaton, digital Je,·et controls and SVJ - smart valve posttloners. Bermingham ts the Southwest's MARC service center.
Safety and relief ,-ah·e.s, pilot operated rellehah·e.s; pop action and modulating pilots. Elect dcauy operated relief ,,.h·es. Bermingham Is the Southwest's Consolidated "'Green Tag" assembler, sen1c.e and repair center.
Steam pressure and temperature regulators., pneumatic and electric control ,-ah·e.s, process controllers, R.G. Laurence solenoid valves. AeroOow hJgh perfonnanc.e, zero leakage control valves. DennJngham ls the \Vestern US Leslie •Red Seal" certtfled factory service and repair center.
Dependable metal to metal seated se..-ere service baJI \'3h'e.s and power operated rd.let valves for hJgh tempenture a.nd high pre.ssure appllcatlons.
Power, petrochemical, reflnlng, mlnlng and aerospac.e.
HJgh performance and rubber lined butterOy nh'es, knife gates, eccentric plug ,-ah·es, actuation, APOO air release valves a.nd HIiton fabricated ,-ah·es.
Pressure and temperature regulators for steam, alra.nd llquld, pre.ssure redudng and bac.k-pre.ssure regulators. Control valves, noise suppressors.
Nicholson steam traps, pressure powered pumps.
Fractional Oow root rol nh·es, regulators, diaphragm a.nd sanlta.ry valves for the b\o-pharma, food and bewrage Industries.
Stedlng dedrlc.condensate return pumps; simplex a.nd duplex, cast Iron, steel and stainless steel receh·ers, boiler feed pumps.
Steam pre.ssure and temperature regulators., steam traps, stalnle.ss steel control valves. Liquid drainers, sepantors a.nd strainers. Steam powered condensate pumps, systems a.nd water heaters.
Ball valves for ewryappllcatlon, complete automation packages. V-Port ttuottllng ball valves., high performance butterOy ,-ah·e.s and aoc.essorles.
PMV - Accurate and rugged pneumatic a.nd e�pneumatlc smart posltloners, digital sdf-callbratlng.
1/P transducers., predsk>n alr and gas regulators. Pre.ssure gauges.
Servl.ngCafiforn.ia,Arlxona, Nnada and Haw,tli- 24-7 Shop and Fltld Strvitt -Sonu product, are aot represented in ourtatire tenitory.
BERMINGHAM.COM · 800.52.STEAM
Serving the Steain and Process Industries Since 1961
100 of 252
TERMS & CONDITIONS
General Conditions of Sale
1) All quotes are valid for 30days unless otherwise specified. 2) Our payment terms are strictly Net 30 Days from invoice date based on credit approval. Upon request or denial of credit, we also accept V
isa, MasterCard and America Express credit cards, wire
transfers, and can ship C.O.D.
3) Our freight terms are FOB Origin,Prepay and Add. Partial shipments will be made unless otherwise specified.
4) No returns without prior authorizationand all returns are subject to a 25% minimum restock fee. 5) Warranties and additional terms of sale apply as per individual manufacturers policies. 6) Orders may be billed directly by manufacturer(s) at their discretion. Placing an order shall constitute buyer's full acceptance of these terms and conditions. 101 of 252
.
TO: H
onorable Mayor and Council Members
FRO
M: M. Scott Hurlbert , City Manager
Luis Villa, Public Works Director
DA
TE: August 2, 2022
SUB
JECT: Adopt a Resolution Authorizing the City Manager or his Designee to Sign and Execute a Purchase Agreement, Master Subscription Agreement, and to Authorize a purchase order for two Level 3 DC Fast Chargers in the amount of $163,151.01 with Chargepoint Inc.
Recom
mendation:
Staff recommends adopting a Resolution authorizing the City Manager or his designee to Sign and Execute a Purchase Agreement , Master Subscription Agreement and to authorize a purchase order for two Level 3 DC Fast Chargers in the amount of $163,151.01 with Chargepoint Inc.
Discussion:
The City of Wasco was a partner on an application submitted by the Kern Council of Governments (Kern COG)to the California Energy Commission (CEC) in October 2020 for funding two level 3 fast charging stations. With full funding now awarded by the CEC and with Kern COG’s acceptance of the funding agreement , the City of Wasco may move forward with the purchasing and construction phase of the charging station project.
Th
e Charging Stations referenced can be found in the FY 2022-2023 Capital Improvement Plan as Project No. 23022 and involves 2 level 3 DC fast chargers to be installed behind the old Courthouse in the parking lot directly across the street from the Sheriff’s Department Building.
The
first step in moving toward Project implementation is the purchase of the charging stations. The City has obtained a quote from Chargepoint Inc. and , as such , is recommending approval of this purchase via purchase order. In addition to the charging systems, the quote includes 5 years of monitoring and maintenance services from Chargepoint, Inc.
In
order to make the purchase, the City is required to sign off on Chargepoint, Inc.
Purchase Agreement and Master Su bscription Agreements. Both of these agre ements have been reviewed by the City Manager as well as the City Attorney.
STAFF REPORT
City of Wasco
102 of 252
In accordance with the City’s municipal code, the City may utilize joint powers agreements to procure equipment. The City is a member of Sourcewell. Sourcewell is a national joint power agreement that allows the City to make purchases without further competitive bidding. The City will be procuring the charging stations using Sourcwewell Contract No. 042221-CPI.
Fi
scal Impact:
There are three funding sources for the implementation of this Project. The Kern COG CEC Grant provides $187,500.00. The City has obtained SJVAP Vouchers which total $50,000.00, and finally $30,000.00 of “State of Good Repair” Funds. All three sources provide a total of $267,500.00. The cost of the charging stations and monitoring services total $163,151.01, leaving $104,348.99 for design and installation services which Staff is confident to be enough to close out the Project.
At
tachments:
1. Resolution
2. Chargepoint, Inc. Quote
3. Chargepoint Purchase Agreement
4. Chargepoint Master Subscription Agreement
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RESOLUTION NO. 2022 -
A R
ESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SIGN AND EXECUTE A PURCHASE AGREEMENT, MASTER SUBSCRIPTION AGREEMENT AND AUTHORIZE THE PURCHASE ORDER OF TWO LEVEL 3 DC CHARGERS IN THE AMOUNT OF $163,151.01 WITH CHARGEPOINT INC.
WHER
EAS, the City wishes to purchase two Level 3 DC Fast Chargers from Chargepoint, Inc.; and,
WHER
EAS, the city has utilized its joint power agreements procedures utilizing Sourcewell; and,
WHER
EAS, said Sourcewell Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and,
WHER
EAS, the Agreements shall be governed by and construed in accordance with the laws of the State of California; and,
WHER
EAS, the City’s cost for the DC Fast Chargers in the amount of $163,151.01 is to be from the Capital Outlay Fund; and,
NO
W THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECT
ION 1: Authorizes the City Manager or his designee to Sign and Execute a Purchase Agreement and Master Subscription Agreement as well as approve a purchase order in the amount of $163,151.01 with Chargepoint Inc.
-o0o
-
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I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on August 2, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________
___________
GILBERTO REYNA,
MAYOR of the City of Wasco
A
ttest: _______________
_______________
___________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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Quotation
Driving a Better Way™
chargepoint.com \i2\
Sales Representative: Tony Chang Quote Number: Q-226278-1 E-Mail: [email protected] Date: 7/11/2022
Telephone: Expires On: 8/10/2022
Primary Contact: Kameron Arnold
Bill To Address
\i1\
City of Wasco
746 8th Street
Wasco California 93280
United States
Ship To Address
\i1\
City of Wasco
746 8th Street
Wasco California 93280
United States
Product Name Product Description Qty List Price Disc% Unit Price Total Price CPE250C-625-CCS1-
200A-CHD-CHIP-PD
ChargePoint Express 250
Station (62.5 kW) - includes
Express 250 Station, 2x Power
Modules, 1x CCS1 200A
cable, 1x CHAdeMO cable,
North America Modem/SIM,
cUL and UL listed, requires
UNIVERSAL-CMT-METRIC,
not included. Includes EMV
Chip Reader terminal and
pedestal kit.
2 USD 54,520 5 USD 51,794 USD 103,588
CPE250-TOOLKIT-F CPE250 Tool Kit 1 USD 0 0 USD 0 USD 0
DC-UNIVERSAL-CMT-
METRIC
Required metal bracket to
align conduits and mounting
bolts for DC power delivery
products when cable entrance
is from below. This bracket
is to be installed into the
foundation before the concrete
pad is poured. Metric Units.
Required for CPE250 and
PDD series.
1 USD 0 0 USD 0 USD 0
© 2022 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
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Product Name Product Description Qty List Price Disc% Unit Price Total Price CPE250-ASSURE-5 5 prepaid years of ChargePoint
Assure for CPE250 station.
Includes Parts and Labor
Warranty, Remote Technical
Support, On-Site Repairs
when needed, Unlimited
Configuration Changes, and
Reporting.
2 USD 16,275 0 USD 16,275 USD 32,550
CPE250-INSTALL-
COMMISSIONING
This service includes both the
Installation and Commissioning
of the Express CPE250
charging station. Customers
must work with their contractor
to perform all construction
(the ‘make ready’) up to
the point where stations
can be bolted down and
connected. ChargePoint
will then perform the on-site
validation of electrical capacity,
transformers, panels, breakers,
wiring, cellular coverage so
that they meet all ChargePoint
and local code requirements,
then install and commission the
station. Before installation can
begin, ChargePoint requires
the customer’s ‘make ready’
contractor to submit evidence
of adherence to ChargePoint’s
standards and specifications.
In addition to verifying and
testing the installation,
Commissioning also ensures
the station is connected to
the ChargePoint network,
completing software updates
and pairing configuration if
applicable. In parallel, the
ChargePoint Activations team
will configure the station and
apply policies according to the
customer’s specifications. A
final Commissioning Report will
be provided to the customer.
Note that if Commissioning
cannot be performed due to
site or installation deficiencies
for which ChargePoint is not
responsible, the customer will
incur a rescheduling fee to
cover redeployment costs.
Priced per Express CPE250
station.
2 USD 4,400 0 USD 4,400 USD 8,800
© 2022 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
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Product Name Product Description Qty List Price Disc% Unit Price Total Price
CPCLD-ENTERPRISE-
DC-5
Enterprise Cloud Plan
subscription with advanced
station management features
such as: Custom Video
uploads, and Automatic
Software Updates, driver and
fleet management features
including: Access Control
and Pricing & Automatic
Payment Collection, as well
as advanced energy and
power management features
which include: Time of Use
Power Sharing and Energy
Management APIs. Real-
time dashboards and reports
provided for applicable features
including 15 min meter data
readings and associated
advanced energy reports.
2 USD 4,799 0 USD 4,799 USD 9,598
CPSUPPORT-ACTIVE Initial Station Activation &
Configuration Service includes
activation of cloud services and
configuration of radio groups,
custom groups, connections,
access control, visibility control,
pricing, reports and alerts. One
time initial service per station.
2 USD 349 100 USD 0 USD 0
Quote Total: USD 154,536.00
Estimated Tax: USD 8,546.01
Shipping Fee: USD 69.00
Grand Total: USD 163,151.01
Quote Acceptance
+ Invoices are Net 30 from invoice date.
+ Each Assure and Cloud Services subscription that you purchase for a Charging Station will commence ninety (90) days from the date the Charging Station associated with that subscription is shipped to you and will last for the subscription length selected in the applicable order.
+ All pricing is confidential between Customer and ChargePoint. + All prices are FCA ChargePoint warehouse(s).
+ Customer to be invoiced at time of shipment.
+ Sales tax in applicable states and shipping costs will be applied to this quote at time of invoicing. + Credit Checks are required for new customers.
+ Pricing does not include installation or mounting services unless specifically quoted above. + Additional Purchase Terms and Conditions can be found at http://www.chargepoint.com/termsandconditions + Additional terms and conditions for ChargePoint Assure can be found at http://www.chargepoint.com/legal/assure + Purchaser confirms that the shipping and billing information provided in the Quotation is accurate for ChargePoint’s shipping and invoicing purposes.
© 2022 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
108 of 252
By signing this quote I hereby acknowledge that I have the authority to purchase the product detailed on this document on behalf of my organization. Furthermore, I agree to the above terms and conditions and that this signed quote shall act as a purchase order.
Signature : \s1\ Title : \t_1\
Name (Print) : \FN_1\ Date : \d1\
Company Name : \CompanyName_1\
Accounts Payable Contact Name : \AccountPayableContactName_1\ Accounts Payable Contact E-Mail : \AccountsPayableContactEmail_1\ Requested Ship Date : \dsrequestedshipdate_1\
© 2022 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
109 of 252
CHARGEPOINT®
MASTER SERVICES AND SUBSCRIPTION AGREEMENT
IMPORTANT: THIS MASTER SERVICES AND SUBSCRIPTION AGREEMENT IS A LEGAL AGREEMENT
BETWEEN YOU OR THE CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY YOU REPRESENT ("SUBSCRIBER") AND THE APPLICABLE CHARGEPOINT ENTITY OR ENTITIES ("CPI") WHICH CAN BE FOUND IN SECTION 11.4 BELOW. PLEASE READ IT CAREFULLY. BY USING ANY OF THE CHARGEPOINT SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE ANY CHARGEPOINT SERVICES.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, PARTNERSHIP OR
OTHER LEGAL ENTITY, THAT ENTITY REPRESENTS THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY TO BIND SUCH ENTITY TO
THESE TERMS AND CONDITIONS, YOU MAY NOT ENTER INTO THIS AGREEMENT AND SUCH ENTITY MAY NOT USE THE CHARGEPOINT SERVICES.
1. AGREEMENT.
1.1 any;
SCOPE OF AGREEMENT. This Agreement governs the following activities:
(a) Provisioning of Subscriber's Charging Station(s), if any, on ChargePoint; (b) Activation and use of the ChargePoint Services on Subscriber's Charging Station(s), if (c) Subscriber's use of the APls as part of the ChargePoint Services; (d) Each grant of Rights by Subscriber; and
(e) Each grant of Rights by a third party to Subscriber.
1.2 EXHIBITS AND PRIVACY POLICY. This Agreement includes the CPI Privacy Policy, as amended from time to time, and the following Exhibits, which are made a part of, and are hereby incorporated into, this Agreement by reference.
Exhibit 1:
Exhibit 2:
Exhibit 3:
Flex Billing Terms
API Terms
Terms Regarding Granting and Receipt of Rights
In the event of any conflict between the terms of this Agreement on the one hand, and the Privacy Policy or any Exhibit on the other hand, this Agreement shall govern. Capitalized terms not otherwise defined in any Exhibit or the Privacy Policy shall have the same meaning as in this Agreement.
2. DEFINITIONS. The following terms shall have the definitions set forth below when used in this Agreement:
2.1 "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control", for purposes of this definition, means direct or indirect ownership or control of fifty percent {50%) or more of the voting interests of the subjectentity.
2.2 "AP/s" means, individually or collectively, the application programming interfaces which are made available to Subscriber from time to time, as and when updated by CPI.
2.3 "ChargePoint Connections" shall have the meaning ascribed to it in the applicable data sheet. The term Charge Point Connections shall also mean any successor service provided by CPI. 110 of 252
2.4 "ChargePoint ®" means the open-platform network of electric vehicle charging stations and the vehicle charging applications the network delivers, that is operated and maintained by CPI (as defined below) in order to provide various services to, among others, Subscriber and its employees.
2.5 "ChargePoint Services" means, collectively, the various cloud services offerings (including, without limitation, APls and application Cloud Plans) made available for subscription byCPI.
2.6 "ChargePoint Application" means any of the applications established and maintained by CPI which will allow Subscriber to access ChargePoint Services.
2.7 "Charging Station" means the electric vehicle charging station(s) purchased by Subscriber, whether manufactured by CPI or by a CPI authorized entity, which are registered and activated on ChargePoint.
2.8 "Content" means all data collected or maintained by CPI in connection with the operation of Charge Point.
2.9 "CPI Marks" means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used in connection with ChargePoint and/or CPI manufactured Charging Stations, including without limitation, ChargePoint.
2.10 "CPI Property" means {i) Charge Point, (ii) the Charge Point Services (including all Content), (iii) all data generated or collected by CPI in connection with the operation of ChargePoint and ChargePoint Services, (iv) the CPI Marks, {v) the Charge Point Cards, and (vi) all other CPI-supplied material developed or provided by CPI for Subscriber use in connection with the ChargePoint Services.
2.11 "Documentation" means written information (whether contained in user or technical manuals, product materials, specifications or otherwise) pertaining to ChargePoint Services and/or ChargePoint and made available from time to time by CPI to Subscriber in any manner (including on-line).
2.12 "Effective Date" means the earliest of (a) the effective date of Subscriber's initial quote for the Charge Point Station and/or ChargePoint Services associated with this Agreement; (b) the date that Subscriber electronically accepts this Agreement, or (c) the date of Subscriber's first use of the ChargePoint Services.
2.13 "Intellectual Property Rights" means all intellectual property rights, including, without limitation, patents, patent applications, patent rights, trademarks, trademark applications, trade names, service marks, service mark applications, copyrights, copyright applications, franchises, licenses, inventories, know-how, trade secrets, Subscriber lists, proprietary processes and formulae, all source and object code, algorithms, architecture, structure, display screens, layouts, inventions, development tools and all documentation and media constituting, describing or relating to the above, including, without limitation, manuals, memoranda and records.
2.14 "Malicious Code" means viruses, worms, time bombs, Trojan horses and all other forms of malicious code, including without limitation, malware, spyware, files, scripts, agents or programs.
2.15 "Party" means each of CPI and Subscriber.
2.16 "Pl/" means personally identifiable information regarding Subscriber or a User (e.g., name, address, email address, phone number or credit card number) that can be used to uniquely identify, contact or locate Subscriber or such User.
2.17 "Provisioning" means activating Charging Stations, warrantees and Cloud Plans onChargePoint.
2.18 "Rights" means the rights, authorizations, privileges, actions, information and settings within the ChargePoint Services which a Rights Grantor grants to an Rights Grantee, to enable such Rights Grantee to access, obtain and use certain portions of the ChargePoint Services and certain information available therein in the course of providing services to or on behalf of such Rights Grantor in connection
Version 05.01.22
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with one or more of the Rights Grantor's Charging Stations. A Rights Grantor shall be deemed to have granted Rights to the entity that will be responsible for creating Subscriber's account and Provisioning Subscriber's Charging Stations. Such deemed grant may be terminated by Subscriber at any time.
2.19 "Cloud Plan(s)" means subscription plans to the Charge Point Services which are offered and sold by CPI from time to time, which vary according to their features, privileges and pricing. Each Cloud Plan may be referred to as a "Subscription".
2.20 "Subscriber Content and Services" means any content and/or services that a Subscriber provides or makes available to Users and/or the general public in connection with the ChargePoint Services, other than Content, Charge Point Services and CPI Property.
2.21 "Subscriber Marks" means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used by Subscriber in connection with its business and/or Charging Stations.
2.22 "Subscription Fees" means the fees payable by Subscriber for subscribing to any Charge Point Services.
2.23 "Taxes" shall mean all present and future taxes, imposts, levies, assessments, duties or charges of whatsoever nature including without limitation any withholding taxes, sales taxes, use taxes, service taxes, value added or similar taxes at the rate applicable for the time being imposed by any national or local government, taxing authority, regulatory agency or other entity together with any penalty payable in connection with any failure to pay or any delay in paying any of the same and any interest thereon.
2.24 "User'' means any person using a Charging Station.
3. AVAILABLE CHARGEPOINT SERVICES & CLOUD PLANS. A description of the various ChargePoint Services and Cloud Plans currently available for subscription is located on the CPI website. CPI may make other ChargePoint Services and/or Cloud Plans available from time to time, and may amend the features or benefits offered with respect to any ChargePoint Service or Cloud Plan at any time and from time to time. Subscription Fees are based on Subscriber's choice of Cloud Plan and not on actual usage of the Subscription.
4. CPl'S RESPONSIBILITIES AND AGREEMENTS.
4.1 OPERATION OF CHARGEPOINT. CPI agrees to provide and shall be solely responsible for:
(i) provisioning and operating, maintaining, administering and supporting ChargePoint and related infrastructure (other than Subscriber's Charging Stations and infrastructure for transmitting data from Charging Stations to any ChargePoint operations center); (ii) provisioning and operating, maintaining, administering and supporting the ChargePoint Applications; and (iii) operating Charge Point in compliance with all applicable laws. CPI will protect the confidentiality and security of PII in accordance with all applicable laws and regulations and the CPI Privacy Policy and acknowledges that it is responsible for the security of "cardholder data" (as that term is defined for purposes of the Payment Card Industry - Data Security Standards}, if any, that CPI possesses, otherwise stores, processes or transmits on behalf of Subscriber or for any impact, if any, on the security of Subscriber's card holder data environment.
4.2 LIMITATIONS ON RESPONSIBILITY. CPI shall not be responsible for, and makes no representation or warranty with respect to the following: (i) specific location(s) or number of Charging Stations now, or in the future, owned, operated and/or installed by persons other than Subscriber, or the total number of Charging Stations that comprise ChargePoint; (ii) continuous availability of electrical service to any of Subscriber's Charging Stations; (iii) continuous availability of any wireless or cellular
Version 05.01.22
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communications network or Internet service provider network necessary for the continued operation by CPI of ChargePoint; (iv) availability of or interruption of the ChargePoint Network attributable to unauthorized intrusions; and/or (v) charging stations that are not registered with and activated on the ChargePoint Network.
5. SUBSCRIBER'S RESPONSIBILITIES AND AGREEMENTS.
5.1 GENERAL.
(a) All use of ChargePoint and ChargePoint Services by Subscriber, its employees and agents and its grantees of Rights shall comply with this Agreement and all of the rules, limitations and policies of CPI set forth in the Documentation. All Charge Point Services account details, passwords, keys, etc. are granted to Subscriber solely for Subscriber's own use (and the use of its grantees of Rights), and Subscriber shall keep all such items secure and confidential. Subscriber shall prevent, and shall be fully liable to CPI for, any unauthorized access to or use of ChargePoint or ChargePoint Services via Subscriber's Charging Stations, ChargePoint Services account(s) or other equipment. Subscriber shall immediately notify CPI upon becoming aware of any such unauthorized use. (b) Subscriber shall be solely responsible for: (i) Provisioning of its Charging Stations, if any; (ii) keeping Subscriber's contact information, email address for the receipt of notices hereunder, and billing address for invoices both accurate and up to date; (iii) updating on the applicable ChargePoint Application, within five (5) business days, the location to which any of Subscriber's Charging Stations are moved; (iv) the maintenance, service, repair and/or replacement of Subscriber's Charging Stations as needed, including informing CPI of the existence of any Charging Stations that are non-operational and not intended to be replaced or repaired by Subscriber; and (v) compliance with all applicable laws. (c) Subscriber shall deliver in full all benefits promised to Users by Subscriber in exchange for such Users connecting with Subscriber using ChargePoint Connections.
5.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and warrants to CPI that: (i) it has the power and authority to enter into and be bound by this Agreement and shall have the power and authority to install the Charging Stations and any other electrical vehicle charging products which are registered and activated on the ChargePoint Network); (ii) the electrical usage to be consumed by Subscriber's Charging Stations will not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Subscriber is a party; and (iii) it has not installed or attached and will not, knowingly, install or attach Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that will block any easement or right of way.
5.3 CHARGEPOINT CARDS. Subscriber may be permitted by CPI, in CPl's sole discretion, to obtain CPI-provisioned radio-frequency identification cards ("ChargePoint Cards") which enable the individual card recipients to access and use ChargePoint. Subscriber may distribute such ChargePoint Cards to individuals, and each individual Charge Point Card recipient is responsible for activating his or her ChargePoint Card on Charge Point directly with CPI on the CPI web site. In no event will Subscriber create any separate ChargePoint accounts for any ChargePoint Card recipients or other third parties, nor will Subscriber create anonymous ChargePoint accounts associated with any Charge Point Card.
5.4 USE RESTRICTIONS AND LIMITATIONS. Subscriber shall not:
(a) sell, resell, license, rent, lease or otherwise transfer the ChargePoint Services or any Content therein to any third party;
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(b) interfere with or disrupt the ChargePoint Services, servers, or networks connected to the ChargePoint Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the ChargePoint Services;
(c) restrict or inhibit any other user from using and enjoying the ChargePoint Services or any other CPI services;
(d) attempt to gain unauthorized access to the ChargePoint Network or the ChargePoint Services or related systems or networks or any data contained therein, or access or use ChargePoint or Charge Point Services through any technology or means other than those provided or expressly authorized by CPI;
(e) create any ChargePoint Services user account by automated means or under false or fraudulent pretenses, or impersonate another person or entity on ChargePoint, or obtain or attempt to obtain multiple keys for the same URL;
(f) reverse engineer, decompile or otherwise attempt to extract the source code of the ChargePoint Services or any part thereof, or any Charging Station, except to the extent expressly permitted or required by applicable law;
(g) create derivative works based on any CPI Property;
(h) remove, conceal or cover the CPI Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Charging Stations or any peripheral equipment for use in connection with Subscriber's Charging Stations;
(i) except as otherwise expressly permitted by this Agreement or in any applicable data sheet relating to a ChargePoint Service, copy, frame or mirror any part of the ChargePoint Services or ChargePoint Content, other than copying or framing on Subscriber's own intra nets or otherwise solely for Subscriber's own internal business use and purposes;
(j) access ChargePoint, any ChargePoint Application or the ChargePoint Services for the purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purpose, or for any improper purpose whatsoever, including, without limitation, in order to build a competitive product or service or copy any features, functions, interface, graphics or "look and feel;"
(k) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Charge Point Services or Content or collect information about ChargePoint users for any unauthorized purpose;
(I) upload, transmit or introduce any Malicious Code to ChargePoint or ChargePoint Services;
(m) use any of the Charge Point Services if Subscriber is a person barred from such use under the laws of the United States, Canada, or of any other jurisdiction; or (n) use the ChargePoint Services to knowingly upload, post, display, transmit or otherwise make available (A) any inappropriate, defamatory, obscene, or unlawful content; (B) any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party; (C) any messages, communication or other content that promotes pyramid schemes, chain letters, constitutes disruptive commercial messages or advertisements, or is prohibited by applicable law, the Agreement or the Documentation.
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5.5 CONTENT.
(a) ChargePoint Content (including but not limited to Charging Station data and status) is provided for planning purposes only. Subscriber may find that various events may mean actual Charging Station conditions (such as availability or pricing) differ from what is set forth in the Content. In addition, certain Charging Station-related Content, including Charging Station name and use restrictions, is set by the Charging Station owner and is not verified by CPI. Subscriber should exercise judgment in Subscriber's use of the Content.
(b) Certain Content may be provided under license from third parties and is subject to copyright and other intellectual property rights of such third parties. Subscriber may be held liable for any unauthorized copying or disclosure of such third party-supplied Content. Subscriber's use of such Content may be subject to additional restrictions set forth in the Documentation. (c) Subscriber shall not copy, modify, alter, translate, amend, or publicly display any of the Content except as expressly permitted by the Documentation. Subscriber shall not present any portion of the Content in any manner, that would (i) make such Content false, inaccurate or misleading, (ii) falsify or delete any author attributions or labels of the origin or source of Content, or (iii) indicate or suggest that the Charging Station locations provided as part of the Content are anything other than ChargePoint• Network Charging Stations.
(d) Subscriber shall not remove, obscure, or alter in any manner any proprietary rights notices (including copyright and trademark notices), warnings, links or other notifications that appear in the ChargePoint Service.
6. SUBSCRIPTION FEES AND PAYMENT TERMS.
6.1 SUBSCRIPTION FEES. If Subscriber is invoiced for the Services, Subscriber shall pay all Subscription Fees within thirty (30) days of its receipt of CPl's invoice. All payments shall be made in U.S.
Dollars (or, if Subscriber is located in Canada, Canadian Dollars) by check, wire transfer, ACH payment system or other means approved by CPI or if applicable, as described in CPl's credit card policy. Customer may not offset any amounts due to CPI hereunder against amounts due to Customer under this Agreement or any other agreement. Subscription fees payable to CPI do not include any Taxes imposed thereon, and Subscriber is responsible for any and all such Taxes. All such Taxes shall be set forth on the invoice provided by CPI to Subscriber; provided that, CPl's failure to include any such Tax on an invoice shall not relieve Subscriber's liability therefor. Except as otherwise set forth in this Agreement, all payment obligations under this Agreement are non- cancelable and non-refundable.
6.2 LATE PAYMENTS. Late payments shall be subject to a charge equal to the lesser of (i) one and one-half percent (1.5%) per month or (ii) the maximum rate permitted by law. In the event of any legal action to collect late payments, the prevailing party shall be entitled to recover its reasonable attorney's fees and expenses. If any amount owing by Subscriber under this Agreement is more than thirty (30) days overdue, CPI shall notify Subscriber in writing of the failure to pay and Subscriber shall have ten (10) days in which to make payment in full, provided that if Subscriber fails to make payment in f_ull within ten (10) days, CPI may, without otherwise limiting CPl's rights or remedies, (a) terminate this Ag'reement, (b) suspend the use by Subscriber of the ChargePoint Services until such amounts are paid in full, and/or (c) condition future ChargePoint Service renewals and other Subscriber purchases on payment terms other than those set forth herein; provided that CPI shall not exercise any such rights if Subscriber has reasonably disputed such charges and is cooperating diligently in good faith to resolve the dispute.
7. INTELLECTUAL PROPERTY RIGHTS AND LICENSES.
7.1 CPI PROPERTY. As between CPI and Subscriber, CPI retains and reserves all right, title and
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interest (including all related Intellectual Property Rights) in and to the CPI Property and any
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improvements thereto. No rights are granted to Subscriber in the CPI Property hereunder except as expressly set forth in this Agreement.
7.2 SUBSCRIBER PROPERTY. As between CPI and Subscriber, Subscriber retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to (i) all Subscriber Marks and (ii) all Subscriber Content and Services (collectively, the "Subscriber Property"). No rights are granted to CPI in the Subscriber Property hereunder except as expressly set forth in this Agreement.
7.3 LIMITED LICENSE TO SUBSCRIBER. CPI hereby grants to Subscriber a royalty-free, non- assignable, non-transferable, and non-exclusive license to use the CPI Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for Subscriber to access, use and receive the ChargePoint Services as permitted herein.
7.4 LIMITED LICENSE TO CPI. Subscriber hereby grants to CPI a non-assignable, non- transferable, and non-exclusive license to use the Subscriber Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for CPI to provide the ChargePoint Services. CPI may utilize the Subscriber Marks to advertise that Subscriber is using the ChargePoint Services, subject to Subscriber's approval of each particular advertisement. The foregoing license includes a perpetual and irrevocable right of CPI to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute all Subscriber Content and Services submitted, posted or displayed by Subscriber in the ChargePoint Services, solely for the purpose of enabling CPI to operate, market and promote the ChargePoint Services, and to index and serve such Subscriber Content and Services as search results through ChargePoint Services. CPI shall have a royalty free, worldwide, transferable, sublicensable, irrevocable perpetual license to use or incorporate in the ChargePoint Services any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber or Subscriber Rights Grantees relating to the ChargePoint Services.
7.5 ADDITIONAL TERMS REGARDING CPI MARKS.
(a) USE LIMITATIONS. Subscriber shall display the CPI Marks in connection with Subscriber Charging Stations as required in this Agreement during the term of Subscriber's Cloud Plan.
Subscriber shall not use any of the CPI Marks for or with any products other than its Charging Stations.
From time to time, CPI may provide updated CPI Mark usage guidelines on the Charge Point Application or elsewhere in the Documentation, and Subscriber shall thereafter comply with such updated guidelines. For any use of the CPI Mark not authorized by such guidelines, or if no such guidelines are provided, then for each initial use of the CPI Mark, Subscriber must obtain CPl's prior written consent, which shall not be unreasonably withheld or delayed, and after such consent is obtained, Subscriber may use the CPI Mark in the approved manner. All use by Subscriber of CPl's Marks (including any goodwill associated therewith) will inure to the benefit of CPI.
(b) PROHIBITIONS. Subscriber shall not use or display any CPI Mark (or any likeness of a CPI Mark):
(i) as a part of the name under which Subscriber's business is conducted or in connection with the name of a business of Subscriber or its Affiliates; (ii) in any manner that (x) implies a relationship or affiliation with CPI other than as described under the Agreement, (y) implies any sponsorship or endorsement by CPI, or (z) can be reasonably interpreted to suggest that any Subscriber Content and Services has been authored by, or represents the views or opinions of CPI or CPI personnel;
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(iii) in any manner intended to disparage CPI, ChargePoint, or the ChargePoint Services, or in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to CPI;
(iv) in any manner that violates any law or regulation; or (v) that is distorted or altered in any way (including squeezing, stretching, inverting, discoloring, etc.) from the original form provided by CPI. (c) NO REGISTRATION OF CPI MARKS. Subscriber shall not, directly or indirectly, register or apply for, or cause to be registered or applied for, any CPI Marks or any patent, trademark, service mark, copyright, trade name, domain name or registered design that is substantially or confusingly similar to a CPI Mark, patent, trademark, service mark, copyright, trade name, domain name or registered design of CPI, or that is licensed to, connected with or derived from confidential, material or proprietary information imparted to or licensed to Subscriber by CPI. At no time will Subscriber challenge or assist others to challenge the CPI Marks (except to the extent such restriction is prohibited by law) or the registration thereof by CPI.
(d) TERMINATION AND CESSATION OF USE OF CPI MARKS. Upon termination of this Agreement, Subscriber will immediately discontinue all use and display of all CPI Marks.
8. LIMITATIONS OF LIABILITY.
8.1 DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE DESCRIBED IN THIS AGREEMENT, CHARGEPOINT AND THE CHARGEPOINT SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR
SUBSCRIBER'S USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CPI DOES NOT WARRANT THAT (A)
SUBSCRIBER'S USE OF THE CHARGEPOINT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR, OR MEET SUBSCRIBER'S REQUIREMENTS; (B) ALL CONTENT AND OTHER INFORMATION
OBTAINED BY SUBSCRIBER FROM OR IN CONNECTION WITH THE CHARGEPOINT SERVICES WILL BE ACCURATE AND RELIABLE; (C) ALL DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE CHARGEPOINT SERVICES WILL BE CORRECTED. ALL CONTENT OBTAINED THROUGH THE CHARGEPOINT SERVICES IS
OBTAINED AT SUBSCRIBER'S OWN DISCRETION AND RISK, AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
8.2 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. REGARDLESS OF WHETHER
ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL
CPI BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION,
LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE
USE OF OR INABILITY TO USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, THIS
AGREEMENT, A GRANT OR RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT.
8.3 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. Neither CPI nor Subscriber shall have any liability whatsoever to the other with respect to damages caused by: (i) electrical outages, power surges, brown-outs, utility load management or any other similar electrical service interruptions, whatever the cause; (ii) interruptions in wireless or cellular service linking Charging Stations to ChargePoint; (iii) interruptions attributable to unauthorized ChargePoint Network intrusions; (iv) interruptions in services provided by any Internet service provider not affiliated with CPI; or (v) the
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inability of a Charging Station to access ChargePoint as a result of any change in product offerings (including, without limitation, the any network upgrade or introduction of any "next generation" services) by any wireless or cellular carrier. This includes the loss of data resulting from such electrical, wireless, cellular or Internet service interruptions.
8.4 LIMITATION OF LIABILITY. CPl's aggregate liability under this Agreement shall not exceed the greater of (1) aggregate Subscription Fees paid by Subscriber to CPI in the twelve (12) calendar months prior to the event giving rise to the liability or (2) $200,000.
8.5 CELLULAR CARRIER LIABILITY. IN ORDER TO DELIVER THE CHARGEPONT SERVICES, CPI
HAS ENTERED INTO CONTRACTS WITH ONE OR MORE UNDERLYING WIRELESS SERVICE CARRIERS (THE "UNDERLYING CARRIER"). SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING
CARRIER AND SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CPI AND THE UNDERLYING CARRIER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER
HAS NO LIABILITY OF ANY KIND TO SUBSCRIBER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. SUBSCRIBER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED. SUBSCRIBER
UNDERSTANDS THAT CPI AND THE UNDERLYING CARRIER CANNOT GUARANTEE THE SECURITY OF
WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE CHARGEPOINT SERVICES.
8.6 ADDITIONAL RIGHTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE DISCLAIMER OF IMPLIED WARRANTIES AS SET FORTH IN THIS SECTION 8, ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY; PROVIDED THAT, IN SUCH INSTANCES, CPl'S LIABILTY AND/OR IMPLIED WARRANTIES GRANTED IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. TERM, RENEWAL AND TERMINATION.
9.1 TERM OF AGREEMENT. This Agreement shall become effective on the Effective Date and shall continue until the expiration of all of Subscriber's Cloud Plans.
9.2 CLOUD PLAN TERM. Each Cloud Plan acquired by Subscriber shall commence as follows:
Each Cloud Plan acquired for use with a new Charging Station will commence on ninety (90) days from the date the subscription plan is invoiced. Upon expiration of the original term, this Agreement will renew automatically for the successive term originally purchased at the list price applicable thereto, subject to increases and Subscriber's right to terminate below. Should the renewal be cancelled and subsequently be requested to be reinstated by Subscriber, reinstatement will be subject to the payment of Subscription Fees for any lapse period plus reasonable reinstatement fee. If, however, at any time after the original term Subscriber wishes to terminate a Cloud Plan that has been automatically renewed, Subscriber may do so by providing CPI thirty (30) days' written notice of cancellation and CPI will issue Subscriber a pro-rata refund of any funds paid for periods from the effective date of cancellation to the end of the auto-renewed term. Notwithstanding the foregoing, there shall no pro-rata refunds allowed on automatic renewals for plans of multiple years. Renewals of Cloud Plans will commence on the date of the expiration of the Subscription being renewed. Each Subscriber Cloud Plan shall continue for the applicable duration thereof, unless this Agreement is terminated earlier in accordance with its terms. If Subscriber has elected or is required, as the case may be, to pay by credit card as provided in this Agreement or if applicable, as described in CPl's credit card policy, the renewal will be charged to Subscriber's payment method (credit card) on file, which may include any payment method automatically updated by Subscriber's issuing bank.
If Subscriber's credit card is declined, invalid, or payment is not made by the issuer of Subscriber's credit card on Subscriber's Subscription Date, without further notice CPI reserves the right to automatically recharge the payment method until payment is received, the payment method is updated, or the Service is discontinued for nonpayment.
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9.3 TERMINATION BY CPI.
(a) This Agreement may be immediately terminated by CPI: (i) if Subscriber is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days (or within five (5) days in the case of any payment default) of Subscriber's receipt of written notice thereof; (ii) Subscriber becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors; (iii) upon the determination by any regulatory body that the subject matter of this Agreement is subject to any governmental regulatory authorization or review that imposes additional costs of doing business upon CPI; or (iv) as otherwise explicitly provided in this Agreement. Regardless of whether Subscriber is then in breach, CPI may, in its reasonable discretion, determine that it will not accept any renewal by Subscriber of its subscription to ChargePoint Services. In such case, this Agreement shall terminate upon the later of the expiration of all of Subscriber's subscriptions to Charge Point Services. (b) CPI may in its discretion suspend Subscriber's continuing access to the ChargePoint Services or any portion thereof if (A) Subscriber has breached any provision of this Agreement, or has acted in manner that indicates that Subscriber does not intend to, or is unable to, comply with any provision of this Agreement; (B) such suspension is required by law (for example, due to a change to the law governing the provision of the ChargePoint Services); or (c) providing the ChargePoint Services to Subscriber could create a security risk or material technical burden as reasonably determined by CPI.
9.4 TERMINATION BY SUBSCRIBER.
This Agreement may be immediately terminated by Subscriber without prejudice to any other remedy of Subscriber at law or equity: (i) if CPI is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days of the date of its receipt of written notice thereof, (ii) CPI becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors, or (iii) upon providing thirty (30) days prior written notice.
9.5 REFUND OR PAYMENT UPON TERMINATION. Upon any termination of this Agreement for cause by Subscriber pursuant to Section 9.4(i)or by CPI pursuant to Section 9.3(a)(iii), CPI shall refund to Subscriber a pro-rata portion of any pre-paid Subscription Fees based upon the remaining Cloud Plan term. Upon any termination for any other reason, Subscriber shall not be entitled to any refund of any Subscription Fees as a result of such termination. Except as otherwise set forth in this Agreement, in no event shall any termination relieve Subscriber of any unpaid Subscription Fees due CPI for the Cloud Plan term in which the termination occurs or any prior Cloud Plan term.
9.6 SURVIVAL. Those provisions dealing with the Intellectual Property Rights of CPI, limitations of liability and disclaimers, restrictions of warranty, Applicable Law and those other provisions which by their nature or terms are intended to survive the termination of this Agreement will remain in full force and effect as between the Parties hereto regardless of the termination of this Agreement.
10. INDEMNIFICATION - INTENTIONALLY OMITTED.
11. GENERAL.
11.1 AMENDMENT OR MODIFICATION. This Agreement may not be altered, amended or modified except by a writing executed by duly authorized representatives of all parties.
11.2 WAIVER. The failure of either Party at any time to enforce any provision of this Agreement shall not be construed to be a waiver of the right of such Party to thereafter enforce that provision or any other provision or right.
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11.3 FORCE MAJ EURE. Except with respect to payment obligations, neither CPI nor Subscriber will be liable for failure to perform any of its obligations hereunder due to causes beyond such party's reasonable control and occurring without its fault or negligence, including but not limited to fire, flood, earthquake or other natural disaster (irrespective of such Party's condition of any preparedness therefore); war, embargo; riot; strike; labor action; any lawful order, decree, or other directive of any government authority that prohibits a Party from performing its obligations under this Agreement; material shortages; shortage of transport; and failures of suppliers to deliver material or components in accordance with the terms of their contracts.
11.4 GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION. The ChargePoint entity entering into this Agreement, the address to which Subscriber should direct notices under this Agreement, the governing law, and place of jurisdiction, shall be determined according to where the Subscriber is domiciled:
If Subscriber is The CPI Entity Notices should Governing law Place of Forum:
domiciled in: entering into be addressed to: is: jurisdiction:
this Agreement
is:
The United ChargePoint, Attn: Legal California and Santa Clara, Judicial States of Inc., a Delaware Department controlling California, U.S.A. Arbitration and America corporation ChargePoint, Inc. United States Mediation 254 E Hacienda federal law Services, Inc.
Ave (JAMS)
Campbell, CA
95008
Canada Charge Point Attn: Legal British Columbia Vancouver, ADR Institute of Canada, Inc., a Department and controlling British Columbia, Canada British Columbia ChargePoint, Inc. Canadian federal Canada corporation 254 E Hacienda law
Ave
Campbell, CA
95008
This Agreement, and any disputes related to this Agreement, will be governed by the applicable Governing Laws above, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
Except with respect to any matter relating to Subscriber's violation of the intellectual property rights of CPI, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be submitted to and finally settled by arbitration using the English language in accordance with the Arbitration Rules and Procedures of the applicable Forum above then in effect, by one or more commercial arbitrator(s) with substantial experience in the industry and in resolving complex commercial contract disputes. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. All claims shall be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. With respect to any matter relating to the intellectual property rights of CPI, such claim may be litigated in a court of competent jurisdiction. The prevailing party
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in any dispute arising out of this Agreement shall be entitled to reasonable attorneys' fees and costs.
Notwithstanding the foregoing, each party shall have the right to institute an action in any court of proper jurisdiction for injunctive relief.
11.5 NOTICE REGARDING CLAIMS TO REGULATORY COMPLIANCE MECHANISMS. The use of certain ChargePoint Charging Stations may be eligible to generate clean fuels credits, low-carbon fuel standard credits, renewable fuels credits, emissions reduction units, carbon offsets, allowances, renewable fuel and/or obligation certificates, or similar regulatory compliance instruments, collectively ("Regulatory Compliance Mechanisms"), used to comply with applicable federal, state, provincial, international or regional emissions, low-carbon fuel, and/or renewable fuel compliance programs. CPI and Subscriber may be eligible to claim title to Regulatory Compliance Mechanisms, however, only one Party can claim title. Should Subscriber choose to claim regulatory title, assuming Subscriber may be eligible to do so, Subscriber must opt-in to the applicable program and fulfill all ongoing administrative and reporting obligations required of program participants, including recurring verification and/or auditing requirements. CPI intends to claim title to applicable Regulatory Compliance Mechanisms, assuming CPI may be eligible to do so; however, CPI will not claim title to specific Regulatory Compliance Mechanisms that Subscriber has opted to claim. Subscriber agrees that it will provide CPI with written notice of its intent to claim specific Regulatory Compliance Mechanisms within ten (10) days of the Effective Date. If Subscriber does not currently intend to claim regulatory title, but desires to do so at any time in the future, Subscriber may, by providing written notice to CPI, elect to claim title to Regulatory Compliance Mechanisms resulting from the use of ChargePoint Charging Stations thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any Regulatory Compliance Mechanisms and hereby designates that right to CPI. All notices shall be provided by email to CPI at [email protected].
11.6 NOTICE REGARDING RIN DATA. For Subscriber's located in the United States, CPI will participate in an application to the U.S. Environmental Protection Agency ("EPA") to permit vehicle charging data ("Charging Data") collected by CPI from centrally networked charging stations to be utilized in a process to generate Renewable Identification Numbers ("RIN)" under the Renewable Fuel Standard.
CPI must establish its exclusive right to utilize the Charging Data and the associated environmental attributes underlying the charging events represented by the Charging Data (Charging Data and such environmental attributes referred to collectively as, the "RIN Data") for the purposes of RIN generation.
Subscriber confirms that it will not pursue utilizing RIN Data for the purposes of RIN generation and that, as between Subscriber and CPI, CPI has the exclusive right to use the RIN Data for the purpose of RIN generation.
11.7 NOTICES. Other than the notices required in Sections 11.5 and 11.6, any notice required or permitted by this Agreement shall be sent (a) if by CPI, via electronic mail to the address indicated by Subscriber in Subscriber's ChargePoint Services account; or (b) if by Subscriber, via electronic mail to [email protected].
11.8 INJUNCTIVE RELIEF. Subscriber acknowledges that damages for improper use of the ChargePoint Services may be irreparable; therefore, CPI is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.
11.9 SEVERABILITY. Except as otherwise specifically provided herein, if any term or condition of this Agreement or the application thereof to either Party will to any extent be determined jointly by the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to this Agreement, the Parties or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be
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affected thereby.
11.10 ASSIGNMENT. Neither CPI nor Subscriber may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other (not to be unreasonably withheld); provided, however, that either party may assign its rights or delegate its obligations, in whole or in part, without such consent to (a) one or more of its wholly owned subsidiaries/affiliates, or (b) an entity that acquires all or substantially all of the business or assets of such party to which this Agreement pertains, whether by merger, reorganization, acquisition, sale, or otherwise. Any purported assignment or delegation in violation of this Section shall be null and void.
Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
11.11 NO AGENCY OR PARTNERSHIP. CPI, in the performance of this Agreement, is an independent contractor. In performing its obligations under this Agreement, CPI shall maintain complete control over its employees, its subcontractors and its operations. No partnership, joint venture or agency relationship is intended by CPI and Subscriber to be created by this Agreement. Neither Party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other Party, whether express or implied, or to bind the other Party in any respect whatsoever.
11.12 ENTIRE AGREEMENT. This Agreement (including the attached Exhibits) contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes and cancels all previous and contemporaneous agreements, negotiations, commitments, understandings, representations and writings. All purchase orders issued by Subscriber shall state that such purchase orders are subject to all of the terms and conditions of this Agreement, and contain no other term other than the type of Cloud Plan, the number of Charging Stations for which such Cloud Plan is ordered, the term of such Cloud Plans and applicable Subscription Fees. To the extent of any conflict or inconsistency between the terms and conditions of this Agreement and any purchase order, the Agreement shall prevail.
Notwithstanding any language to the contrary therein, no terms or conditions stated in any other documentation shall be incorporated into or form any part of this Agreement, and all such purported terms and conditions shall be null and void.
11.13 COPYRIGHT POLICIES. It is CPl's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringe rs.
11.14 THIRD PARTY RESOURCES. The ChargePoint Services may include hyperlinks to other websites or resources. CPI has no control over any web sites or resources that are provided by companies or persons other than CPI. Subscriber acknowledges and agrees that CPI is not responsible for the availability of any such web sites or resources, CPI does not endorse any advertising, products or other materials on or available from such web sites or resources, and CPI is not liable for any loss or damage that may be incurred by Subscriber as a result of any reliance placed by Subscriber on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources.
11.15 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the same document.
11.16 ENGLISH LANGUAGE AGREEMENT GOVERNS. Where CPI has provided Subscriber with a translation of the English language version of this Agreement, Subscriber agrees that the translation is provided for Subscriber's convenience only and that the English language version of this Agreement governs Subscriber's relationship with CPI. If there is any conflict between the English language version of this Agreement. It is the express wish of the Parties that this Agreement and all related documents,
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including notices and other communications, be drawn up in the English language only. II est la volonte expresse des parties que cette convention et tous les documents s'y rattachant, y compris les avis et les autres communications, soient rediges et signes en anglais seulement.
11.17 CAPTIONS. The captions appearing in this Agreement are for convenience only, are not part of this Agreement, and shall not be considered in interpreting this Agreement.
Signature Page Follows
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Subscriber:
Signature:
Name:
Title:
Date:
Address:
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----------- ChargePoint, Inc.
Signature:
Name:
Title:
Date:
Address:
254 E. Hacienda Ave.
Campbell, CA 95008
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EXHIBIT 1
FLEX BILLING TERMS
This Exhibit sets forth certain additional terms and conditions ("Flex Billing Terms") pursuant to which Subscriber may charge Users fees for the use of Subscriber's Charging Stations. In order to charge such fees, Subscriber must subscribe to a Cloud Plan that includes CPl's management, collection and/or processing services related to such fees ("Flex Billing").
1. DEFINITIONS. The following additional defined terms shall apply to these Flex Billing Terms:
1.1 "CPI Fees" means a fee, currently equal to ten percent (10%) of Session Fees, charged for a particular Session. CPI Fees are charged by CPI in exchange for its collection and processing of Session Fees on behalf of Subscriber. CPI will provide Subscriber with thirty {30) days prior written notice (which may include, without limitation, notice provided by CPI through its regular newsletter to Subscriber) of any increase in CPI Fees.
1.2 "Net Session Fees" means the total amount of Session Fees collected on behalf of the Subscriber by CPI, less CPI Fees and Taxes, if any, required by law to be collected by CPI from Users in connection with the use of Charging Stations. Except as required by law, Subscriber shall be responsible for the payment of all Taxes incurred in connection with use of Subscriber's Charging Stations.
1.3 "Session" or "Charging Session" means the period of time during which a User uses Subscriber's Charging Station to charge his or her electric vehicle for a continuous period of time not less than two (2) minutes commencing when a User has accessed such Charging Station and ending when such User has terminated such access.
1.4 "Session Fees" means the fees set by the Subscriber for a Charging Session, inclusive of any applicable Taxes.
2. FLEX-BILLING SERVICE FOR CHARGING STATIONS.
2.1. SESSION FEES. Subscriber shall have sole authority to determine and set Session Fees.
Subscriber shall be solely responsible for determining and charging Session Fees in compliance with all applicable laws and regulations (including without limitation any restriction on Subscriber's use of per kWh pricing). Subscriber acknowledges that CPI is not responsible for informing Subscriber of applicable laws or changes thereto, and CPI will not be liable to Subscriber or any third party for any alleged or actual failure of Subscriber to comply with such applicable laws and regulations.
2.2 DEDUCTIONS FROM SESSION FEES. In exchange for CPI collecting Session Fees on behalf of the Subscriber, the Subscriber hereby authorizes CPI to deduct from all Session Fees collected: (i) CPI Fees and (ii) to the extent required by Section 3, applicable Taxes.
2.3 PAYMENT TO SUBSCRIBER OF NET SESSION FEES. CPI will remit Net Session Fees to Subscriber, not less than monthly , provided that the amount due to Subscriber hereunder is at least fifty U.S. dollars (50) (or, if Subscriber is located in Canada fifty Canadian dollars). Notwithstanding, the foregoing, CPI shall remit any unpaid Net Session Fees, regardless of the amount, to Subscriber at least annually and within thirty (30) days of the expiration or termination of this Agreement. All payments shall be made by electronic payment. In order to facilitate such payments, Subscriber agrees to maintain Subscriber's current bank information, into Subscriber's ChargePoint Services (customer facing portal), to enable electronic remittance of the Net Session Fees. If the Subscriber requests payment in a manner other
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than electronic payment (e.g., check or wire transfer), Subscriber agrees to bear the reasonable costs related to such request.
3. TAXES. If applicable, Subscriber is responsible for setting pricing on a Tax-inclusive basis. CPI is not responsible for remittance of any Taxes on behalf of Subscriber and Subscriber shall be responsible to report and remit any and all applicable Taxes assessable based on Charging Sessions whether state, federal, provincial or otherwise; provided that CPI is solely responsible for all Taxes assessable based on CPl's income, property and employees. Where CPI is required by law to collect and/or remit the Taxes for which Subscriber is responsible, the appropriate amount shall be invoiced to Subscriber and deducted by CPI from Session Fees, unless Subscriber has otherwise provided CPI with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority.
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EXHIBIT 2
API TERMS
This Exhibit sets forth certain additional terms and conditions ("API Terms") governing Subscriber's use of the APls in connection with Subscriber's use of the Charge Point Services. The API Terms are part of the Agreement, and all such use of the AP ls remains subject to the Agreement terms.
1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply to the API Terms.
1.1 "AP/ Implementation" means a Subscriber software application or website that uses any of the APls to obtain and display Content in conjunction with Subscriber Content and Services.
1.2 "AP/ Documentation" means all Documentation containing instructions, restrictions or guidelines regarding the APls or the use thereof, as amended and/or supplemented by CPI from time to time.
1.3 "CPI Site Terms" means the Terms and Conditions displayed on CPl's website, governing use of CPl's website and the ChargePoint Services by visitors who are not Cloud Plan subscribers.
2. API USE. Subscriber may use the APls as and to the extent permitted by Subscriber's Cloud Plan and the API Documentation, subject to the terms and conditions of the Agreement.
2.1 AVAILABLE APls AND FUNCTION CALLS. The APls give Subscriber access to information through a set of function calls. The particular AP ls and API function calls made available by CPI from time to time (and the Content available through such APls and function calls) will be limited by Subscriber's Cloud Plan, and Subscriber's particular Cloud Plan may not include all AP ls and function calls then available from CPI.
2.2 USE AND DISPLAY OF CONTENT. Subscriber is permitted to access, use and publicly display the Content with Subscriber Content and Services in Subscriber's API Implementation, subject to the following requirements and limitations.
(a) All Charging Station locations provided to Subscriber as part of the Content shall be clearly identified by Subscriber in Subscriber's API Implementation as ChargePoin( Network Charging Stations and shall contain the Brand Identifiers required by the API Documentation. In no event shall Subscriber's API Implementation identify or imply that any Charging Station is a part of any network of charging stations other than Charge Point.
(b) Subscriber shall keep the Content used by Subscriber's API Implementation current with Content obtained with the APls to within every forty eight (48) hours. (c) Content provided to Subscriber through the APls may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of CPl's business partners and/or other third party rights holders of Content indexed by CPI, which may not be deleted or altered in any manner.
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(i) pre-fetch, cache, or store any Content, except that Subscriber may store limited amounts of Content for the purpose of improving the performance of Subscriber's API Implementation if Subscriber does so temporarily, securely, and in a manner that does not permit use of the Content outside of the ChargePoint Service;
(ii) hide or mask from CPI the identity of Subscriber's service utilizing the APls, including by failing to follow the identification conventions listed in the API Documentation; or (iii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2.3 REQUIRED INFORMATION. Subscriber must:
(a) display to all viewers and users of Subscriber's API Implementation the link to the CPI Site Terms and Conditions as presented through the ChargePoint Services or described in the Documentation;
(b) explicitly state in the use terms governing Subscriber's API Implementation that, by using Subscriber's API Implementation, such viewers and users are agreeing to be bound by the CPI Site Terms; and
(c) include in Subscriber's API Implementation, and abide by, a privacy policy complying will all applicable laws; and
(d) comply with all applicable laws designed to protect the privacy and legal rights of users of Subscriber's API Implementation.
2.4 REPORTING. Subscriber must implement reporting mechanisms, if any, that CPI requires in the API Documentation.
3. CPI BRANDING REQUIREMENTS AND RESTRICTIONS.
3.1 MANDATORY CPI BRANDING. Subject to Section 3.2 below and the restrictions on use of CPI Marks set forth in the Agreement, Subscriber agrees that each page comprising Subscriber's API Implementation will include a ChargePoint logo and will state that Subscriber's application or website is provided, in part, through the Charge Point Services.
3.2 RESTRICTIONS. Subscriber shall not:
(a) display any CPI Mark as the most prominent element on any page in Subscriber's API Implementation or Subscriber's website (except as used in connection with the display of Charging Stations); or
(b) display any CPI Mark anywhere in Subscriber's API Implementation or on Subscriber's website if Subscriber's API Implementation or website contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
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EXHIBIT 3
TERMS REGARDING GRANTING OF RIGHTS
This Exhibit sets forth certain additional terms and conditions applicable to Rights Grantors and Rights Grantees regarding the granting of Rights ("Rights Terms"). The Rights Terms are part of the Agreement, and all use of the ChargePoint Services permitted pursuant to the Rights Terms remains subject to the Agreement.
1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply.
1.1 "Rights Grantor" means Subscriber.
1.2 "Rights Grantee" means any person to whom Subscriber has granted Rights. For purposes of this Agreement, a Subscriber shall be deemed to have granted Rights to the entity assisting Subscriber with creating its account and initiating Subscriber's access to Services.
2. TERMS. This Section governs Subscriber's granting of Rights as a Rights Grantor.
2.1 LIMITED RIGHTS. A Rights Grantee's right to access and use the ChargePoint Services for and on behalf of a Rights Grantor is limited to the specific Rights granted by such Rights Granter to such Rights Grantee. Such Rights may be limited according to the Cloud Plan(s) subscribed to by Subscriber. Subscriber may revoke Rights, or any portion thereof, it has granted to a Rights Grantee at will and such Rights will thereafter by terminated with respect to such Rights Grantee. In no event may Subscriber grant Rights in excess of those provided to it through the Cloud Plan(s) to which it has subscribed.
2.2 RESPONSIBILITY FOR AUTHORIZED USER. All use of the ChargePoint Services by a Rights Grantee exercising Rights granted by Subscriber shall be subject to the terms and conditions of the Agreement (including without limitation Subscriber's indemnification obligation pursuant to Section 10 thereof).
Subscriber shall be responsible for the actions, omissions, or performance of such Rights Grantee while exercising any such Rights, as if such action, omission or performance had been committed by Subscriber directly.
2.3 NO AGREEMENT. Subscriber acknowledges and agrees that the ChargePoint Services merely enable a Rights Granter to extend Rights to Rights Grantees. The mere extension of such Rights by a Rights Grantor to a Rights Grantee does not constitute an agreement between Rights Grantor and the Rights Grantee with respect to the granted Rights or the exercise of such Rights by the Rights Grantee. CPI does not, either through the terms of the Agreement or the provision of ChargePoint Services undertake to provide any such agreement. It is the responsibility of the Rights Grantor and the Rights Grantee to enter into such an agreement on terms mutually acceptable to each. CPI expressly undertakes no liability with respect to such an agreement and Rights Grantor fully and unconditionally releases CPI from any liability arising out of such an agreement.
Further Rights Granter agrees to indemnify and hold CPI, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Claims") suffered or incurred by such indemnified parties resulting from or arising out of such agreement.
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1. Placement of Orders.
TERMS AND CONDITIONS OF PURCHASE
A. Purchase of Charging Stations. The terms of these Terms and Conditions of Purchase ("Terms") govern the Company's purchase of Charging Stations from the applicable ChargePoint entity as defined in section 7(0) below ("ChargePoint"). Company's purchase of Charging Stations (including, without limitation, any purchase of an extended Assure Wa1rnnty) made by Company shall be made by binding, written purchase order specifying the number and model of Charging Station(s) desired to be purchased, requested delive1y schedule (which, absent agreement between the parties, shall be a date that is no less than sixty ( 60) days after the date of the purchase order), any extended Assure Warranty being purchased and that Company's purchase of Charging Stations is subject to all of the terms and conditions contained in these Terms. Any additional printed terms and conditions in Company's purchase order conflicting with, vmying or adding to the terms and conditions of these Terms, shall be of no force and effect, unless the parties hereto agree in writing, in advance, to accept such terms and conditions.
B. Acceptance of Purchase Orders. All purchase orders and modifications to purchase orders are subject to acceptance or rejection by ChargePoint in its sole discretion. No purchase order shall be binding upon ChargePoint unless and until so accepted in writing by ChargePoint. ChargePoint agrees to use commercially reasonable effo1ts to notify Company of its acceptance or rejection of Company's order within ten (10) business days after receipt thereof. Any purchase order accepted by ChargePoint is referred to in these Terms as, an "Accepted Order." Accepted Orders are non-cancelable, non-returnable and non-refundable.
C. Refusal of Purchase Orders. ChargePoint may withhold shipments to Company if Company has exceed its applicable credit limit, if any, and not provided for prepayment, is in violation of its payment obligations or otherwise is in material breach of these Terms.
D. Stations Require Subscription to Saas Offerings. The Charging Stations are designed to work with ChargePoint's cloud-based application services ("SaaS Offerings"). Access to SaaS Offerings requires Company to enter into a Master Services and Subscription Agreement with ChargePoint.
2. Delivery
A. Shipping Costs: Terms. All shipping, unless otherwise agreed to by the Parties in writing, shall be FCA ChargePoint's warehouse.
Company shall be responsible for all costs of shipping, transpmtation, insurance, warehousing, and other charges and costs associated with shipment of the Charging Stations to Company. All shipping dates are approximate and are based upon prompt receipt of all necessary information from Company. In no event shall ChargePoint be liable for any costs related to delay in delivery of the Charging Stations.
Company's sole remedy for any material delay in delivery of the Charging Stations shall be cancellation of the order.
B. Transfer of Title. Delivery of the Charging Stations to Company shall be completed upon delivery of the Charging Stations to Company's freight forwarder. Risk of loss and damage to the Charging Stations shall pass to Company upon the delivery of such Charging Stations to such freight forwarder. ChargePoint shall use commercially reasonable effo1ts to deliver Charging Stations ordered by Company on the scheduled delive1y date. All claims for non-conforming shipments must be made in writing to ChargePoint within twenty (20) days of the passing of risk of loss and damage, as described above. Any claims not made within such period shall be deemed waived and released.
C. Substitutions. ChargePoint shall have the right to make substitutions and modifications to Charging Stations and in the specifications of Charging Stations to be delivered under the terms of any applicable purchase order, provided that such substitutions or modifications will not materially affect overall Charging Station form, fit, function or safety specifications.
3. Invoicing and Payment
A. Invoicing. Unless otherwise agreed in writing by the Pmties, ChargePoint shall issue an invoice to Company on or after the date it ships the ordered Charging Stations; provided that, ChargePoint may condition its acceptance of a purchase order on such credit and/or prepayment terms as ChargePoint, in its reasonable discretion, determines appropriate due to, among other things, Company's prior payment history and/or the size of the order. In the case of any change to the applicable credit and/or prepayment terms, no purchase order or acceptance thereof will be effective unless and until Company has consented in writing thereto. If Company causes a delay in delivery, ChargePoint may issue its invoice at any time on or after the scheduled delivery date. If Company has purchased an extended Assure Warranty and has chosen the annual payment option, ChargePoint will invoice each annual payment on the anniversary date of the Assure Warranty.
B. Payment Terms. ChargePoint will invoice Company at time of shipment of the Charging Stations. All invoices shall be paid within thirty (30) days of Company's receipt thereof. Fees for Cloud Services subscriptions shall be invoiced at shipment of the Charging Stations to which such Cloud Services subscriptions relate, and on each anniversary date thereof. All invoices for Cloud Services subscriptions shall be paid within thi1ty (30) days of Company's receipt thereof. Invoices not paid when due are subject to interest at the rate of one and one half percent (1.5%) per month or, if less, the highest rate allowed under applicable law. All non-credit shipments, or shipments in excess of Company's available credit line, if any, shall be prepaid prior to shipment.
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C. No Right of Set-Off: No Right of Return. Invoiced amounts are not subject to reduction by set-off or otherwise without the express written permission of ChargePoint. All sales are final and Company shall have no right of return, provided, that, ChargePoint shall comply with its obligations under the Warranty (as defined below).
D. Taxes. Duties, Etc. All amounts due to ChargePoint under these Terms and/or any applicable purchase order are net of any duties, any sales, use, excise, value-added, withholding, or similar tax of any kind and any and all other fees and charges of any nature ( collectively, "Taxes") imposed by the United States, Canada or any foreign, state or local governmental entity, country or regional authority, or instrumentality thereof on the purchase, shipment, use or sale of the Charging Stations by or to Company, other than taxes measured by ChargePoint's income, corporate franchise, or personal property ownership. Where applicable, ChargePoint shall bill Company for the full amount of such taxes and shall include such amount as a separate line item on the invoice(s) sent to the Company; provided that, ChargePoint's failure to so bill the Company shall not relieve Company from the obligation to pay any Tax described in this Section 3.D.
E. Payment Currency. All amount payable under these Terms shall be paid in United States dollars or if Company is located in Canada, Canadian dollars. If Company is located outside of the United States, Company agrees to take all necessary actions required, including registration of these Terms and application for permission to make payments to ChargePoint hereunder, with the appropriate government authorities in the Company's jurisdiction, or such other institution or official, and to take such other measures as may be necessary to comply with any government currency controls in effect in Company's jurisdiction, as soon as reasonably practicable after execution of these Terms.
Company shall remit payment to ChargePoint, at Company's option (i) via wire or ACH transfer to an account designated by ChargePoint in writing from time to time or (ii) by check, made out to ChargePoint, Inc.
F. All Orders Subject to Credit Approval. All orders are subject to credit approval by ChargePoint. The amount of credit or terms of payment may be changed or credit withdrawn by ChargePoint in its reasonable discretion without advance notice. ChargePoint may, in its discretion, withhold further manufacture, performance or shipment; require immediate cash payments for past and future shipments or performance; or require other security satisfactory to ChargePoint before further manufacture, performance or shipment is made; and may, if shipment has been made, recover the goods from the carrier pending receipt of such assurances.
G. Provisions Relating to Shipments in Lots. If these terms require or authorize delivery of goods in separate lots, shipments or milestones to be separately accepted by Company, Company may only refuse such portion of a lot, shipment or milestone that fails to comply with the requirements of these terms. Company may not refuse to receive any lot or portion thereof for failure of any other lot or portion or a lot to be delivered or to comply with these terms, unless such right of refusal is expressly provided for on the face hereof. Company shall pay for each lot in accordance with the terms hereof. Products held for Company are at Company's sole risk and expense.
H. Prices do not include Freight. Etc. Except to the extent expressly stated in these terms, ChargePoint's prices do not include any freight, storage, insurance, taxes, excises, fees, duties or other government charges related to the goods, and Company shall pay such amounts or reimburse ChargePoint for any amounts ChargePoint pays. If Company claims a tax or other exemption or direct payment permit, it shall provide ChargePoint with a valid exemption certificate or permit and indemnify, defend and hold ChargePoint harmless from any taxes, costs and penalties arising out of same. ChargePoint's prices include the costs of its standard domestic packing, only. Any deviation from this standard packing (domestic or export), including U.S. Government sealed packing, shall result in extra charges. To determine such extra charges, Company should consult with ChargePoint's sales offices. Any and all increases, changes, adjustments or surcharges (including, without limitation, fuel surcharges) which may be in connection with the freight charges, rates or classification included as part of these terms, shall be for Company's account.
I. Disputes. In the event Company disputes any p01tion or all of an invoice, it shall notify ChargePoint in writing of the amount in dispute and the reason for its disagreement within twenty-one (21) days of receipt of the invoice. The undisputed po1tion shall be paid when due, and finance charges on any unpaid portion shall accrue, from the date due until the date of payment, to the extent that such amounts are finally determined to be payable to ChargePoint.
J. Remedies upon Payment Default. Upon Company's default of these terms, ChargePoint may, in addition to any other rights or remedies it may have at law or otherwise, subject to any cure rights of Company, declare the entire balance of Company's account immediately due and payable or foreclose any security interest in the goods delivered. If any unpaid balance is referred for collection, Company agrees to pay ChargePoint, to the extent permitted by law, reasonable attorneys' fees in addition to all damages otherwise available, whether or not litigation is commenced or prosecuted to final judgment, play any court costs or expenses incurred by ChargePoint, and any finance charges accrued on any unpaid balance owed by Company.
K. Suspended Shipments. ChargePoint reserves the right to suspend further shipments of goods if Company is over thirty (30) days late in payment of an undisputed invoice. ChargePoint reserves the right to terminate the order if Company is over sixty (60) days late in payment of an undisputed invoice
4. Installation
Company shall be responsible for arranging for the installation and provisioning of the Charging Stations and for the costs thereof.
At Company's request, ChargePoint may provide the names and contact information of one or more installers of Charging Stations; provided Re,iscd I0.25.21
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that, in providing such information ChargePoint makes no representation or warranty of any kind, nor does it undertake any liability, with respect to or regarding the quality of any installation or other services performed by any such installer. EXCEPT AS SPECIFICALLY
AGREED TO IN WRITING, CHARGEPOINT IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR, THE QUALITY OF ANY INSTALLATION SERVICES OR ANY CLAIM IN ANY WAY RELATING TO OR RESULTING FROM SUCH SERVICES.
5. Warranties/Limitation of Liability
A. Warranty. The Charging Station is covered by the terms of ChargePoint's standard parts only product Warranty (the "Warranty"), which will expire on one year from the date of installation. All applicable warranties with respect to the Charging Station are set forth in the Warranty, and are hereby incorporated by reference into these Terms.
B. Post-Warranty Maintenance. Company acknowledges and agrees that in order to obtain warranty and/or other maintenance services for the Charging Stations after expiration of the Warranty, Company must purchase extended warranties and/or maintenance agreements directly from ChargePoint.
C. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, CHARGEPOINT MAI<.ES NO
WARRANTY WITH RESPECT TO THE PERFORMANCE OF THE CHARGING STATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CHARGEPOINT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY THE CHARGING STATIONS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHARGEPOINT DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF CHARGING STATIONS.
D. Limitation of Liability.
i. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, EXCEPT FOR A
PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL CHARGEPOINT BE LIABLE TO COMP ANY
FOR ANY INDIRECT, INCIDENT AL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS
OR THE TRANSACTIONS CONTEMPLATED HEREUNDER, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ii. COMPANY'S SOLE REMEDY FOR ANY BREACH BY CHARGEPOINT OF ITS OBLIGATIONS OR
WARRANTIES UNDER THESE TERMS SHALL BE LIMITED TO, AT CHARGEPOINT'S OPTION, REPAIR OR REPLACEMENT
OF THOSE CHARGING STATIONS TO WHICH SUCH BREACH IS APPLICABLE OR REFUND BY CHARGEPOINT OF ALL OR A PART OF THE PURCHASE PRICE OF THE NON-CONFORMING CHARGING STATIONS.
E. Warranty Exclusions. The Warranty set fo1th in these Terms is subject to certain exclusions as more fully set forth in the Warranty.
COMPANY HAS BEEN INFORMED AND UNDERSTANDS THAT, IN THE EVENT ANY SUCH EXCLUSION BECOMES
APPLICABLE, ALL REPRESENTATIONS AND WARRANTIES CONTAINED IN THESE TERMS SHALL IMMEDIATELY BECOME NULL AND VOID.
F. Exclusive Remedies. THE REMEDIES CONTAINED IN SECTION 5 ARE COMPANY'S SOLE AND EXCLUSIVE
REMEDIES AND ARE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES COMPANY MAY HAVE AGAINST CHARGEPOINT WITH RESPECT TO NONCONFORMANCE OF THE CHARGING STATIONS.
6. Intellectual Property
A. Restrictions on Use Company shall not: (i) create derivative works based on the Charging Stations, (ii) copy, frame or mirror any pait or content of the Charging Stations, (iii) reverse engineer any Charging Station, or (iv) access the Charging Stations for any improper purpose whatsoever, including, without limitation, in order to (A) build a competitive product or service, or (B) copy any features, functions, interface, graphics or "look and feel" of the Charging Stations.
B. Ownership oflntellectual Property All right, title and interest in and to any intellectual prope1ty related in any way to the Charging Stations is, and shall remain, the exclusive property of ChargePoint. For these purposes, the term "intellectual property" shall mean, all of a party's patents, patent applications, patent rights, copyrights, moral rights, algorithms, devices, application programming interfaces, databases, data collections, diagrams, inventions, methods and processes (whether or not patentable), know-how, trade secrets, trademarks, service marks and other brand identifiers, network configurations and architectures, proprietary information, protocols, schematics, specifications, software (in any form, including source code and executable code), techniques, interfaces, URLs, web sites, works of authorship, and all other forms of technology, in each case whether or not registered with a governmental entity or embodied in any tangible form and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world in any way arising prior to or during the term of these Terms.
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7. General
A. Attorneys' Fees. If any action at law or in equity is necessary to enforce the terms of these Terms, the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses in addition to any other relief to which the prevailing party is otherwise entitled.
8. Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account strikes, shortages, riots, insurrection, fires, flood, storm, explosion, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of such party.
C. Waiver. The failure of either party to require performance by the other party of any provision hereof shall not affect such party's full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
D. Severability. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions.
E. Assignment. The rights and liabilities of the parties hereto shall bind and inure to the benefit of their successors, executors or administrators, provided, however, that neither ChargePoint nor Company may assign or delegate these Terms or any of its licenses, rights or duties under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party in its reasonable discretion; provided, however, that Company and ChargePoint shall each be entitled to assign these Terms to an affiliate or to its successor in interest by way of merger, acquisition of substantially all of the assets of assignor or any similar event (collectively, "Acquisition Transactions"); and provided further, however, that notwithstanding any Acquisition Transaction, Company shall not assign these Terms to any competitor ofChargePoint without ChargePoint's prior written consent, in its sole discretion. Any attempted assignment in violation of this provision shall be void.
F. Notices. Any notice, request, demand or other communication by the terms hereof required or permitted to be given by one part to the other shall be given in writing by email with confirmation of receipt, certified or registered mail, return receipt requested, fax or courier addressed to such other party or delivered to the address for each party set forth below their respective signatures, or at such other fax, email address or office address as may be given from time to time by either of the parties.
G. Governing Law, Jurisdiction and Dispute Resolution. The ChargePoint entity entering into this Agreement, the address to which Company should direct notices under this Agreement, the governing law, and place of jurisdiction, shall be determined according to where Company is domiciled:
If Company is The ChargePoint Notices should be Governing law is: Place of Forum:
clomicilecl in: Entity entering addressed to: jurisdiction:
into this
Agreement is:
The United States of ChargePoint, Inc., a Attn: Legal California and Santa Clara, Judicial Arbitration America Delaware Department controlling United California, U.S.A. and Mediation corporation ChargePoint, Inc. States federal law Services, Inc. 254 E Hacienda Ave (JAMS)
Campbell, CA
95008
Canada ChargePoint TBD British Columbia Vancouver, British ADR Institute of Canada, Inc., a and controlling Columbia, Canada Canada British Columbia Canadian federal
corporation law
This Agreement, and any disputes related to this Agreement, will be governed by the applicable Governing Laws above, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
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Except with respect to any matter relating to Company's violation of the intellectual property rights of CHARGEPOINT, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be submitted to and finally settled by arbitration using the English language in accordance with the Arbitration Rules and Procedures of the applicable Forum above then in effect, by one or more commercial arbitrator(s) with substantial experience in the industiy and in resolving complex commercial contract disputes. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. All claims shall be brought in the paities' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. With respect to any matter relating to the intellectual property rights of CHARGEPOINT, such claim may be litigated in a court of competent jurisdiction. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys' fees and costs.
Notwithstanding the foregoing, each party shall have the right to institute an action in any court of proper jurisdiction for injunctive relief.
H. Entire Agreement. These Terms and the attachments hereto constitute the entire agreement between the pa11ies regarding its subject matter. It supersedes, and its te1ms govern, all prior proposals, agreements, or other communications between the pa11ies, oral or written, regarding such subject matter. These Terms shall not be modified unless done so in a writing signed by an authorized representative of each pa11y.
I. English Language Agreement Governs. Where ChargePoint has provided Subscriber with a translation of the English language version of this Agreement, Company agrees that the translation is provided for Subscriber's convenience only and that the English language version of this Agreement governs Company's relationship with ChargePoint. If there is any conflict between the English language version of this Agreement. It is the express wish of the Parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. II est la volonte expresse des parties que cette convention et tous les documents s'y rattachant, y compris les avis et les autres communications, soient rediges et signes en anglais seulement.
Company:
Name: ------------------
Print Name: ----------------
Title: -------------------
Date: -------------------
Address: ------------------
Re,ised 10.25.21
ChargePoint, Inc.
Name: ------------------
Title: ------------------
Date: -------------------
Address:
5 254 E. Hacienda Ave
Campbell, CA 95008
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STAFF REPORT
CITY OF WASCO
TO: H
onorable Mayor and Council Members
FRO
M: M. Scott Hurlbert, City Manager
Isarel Perez-Hernandez, Finance Director
DA
TE: August 2, 2022
SUB
JECT: Authorize the City Manager or his designee to sign the engagement letters of Badawi & Associates for Audit and Accounting Services for the Fiscal Year 2021-22 for an Estimated Cost of $41,085.
_____________________________________________________________________________________ Recom
mendation:
Staff recommends that the City Council authorize the City Manager or his designee to sign the engagement letters of Badawi and Associates for audit and accounting services for the Fiscal Year 2021-22.
Bac
kground:
On June 15, 2021, City Council adopted Resolution Number 2021-3619, which authorized the City Manager to enter into an agreement with Badawi and associates for audit services.
Disc
ussion:
The City is required to have a Financial Statement and Single Audit Annually. The City must also file an Annual Financial Report to the California State Controller’s Office, “the State Controllers Report.”
The engagement letters provide for the annual financial statement audit of the City, the City’s Single Audit, an audit of Measure X funds, appropriations limit review , and accounting services relating to the preparation of financial statements for the City, preparation of financial statements for Measure X funds and the preparation and transmittal of the State Controllers Report.
The engagement letters are a standard form that sets out the responsibilities of the auditor and the City relating to the audit. Badawi & Associates will prepare the financial reports and issue opinions about the fairness of the presentation of the financial statements. The City is ultimately responsible for the design, implementation, and maintenance of internal controls relevant to the preparation and fair presentation of basic financial statements that are free from material misstatement, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements.
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Key
Agreement Features
• Te
rm. Three-year agreement with an option to renew for another three years. • Scop
e of Services and Compensation. The following summarizes the five main services the auditor will provide to the City and its compensation for the initial three-year term and for the optional three-year term (if the City decides to exercise this option).
Belo
w is a historical graph depicting the previous fifteen years of audit service costs.
Fis
cal Impact:
None, the $41,085 was budgeted.
Attachments:
1. Badawi & Associates, City of Wasco Financial Statement engagement letter for the Fiscal Year 2021-22.
2. Badawi & Associates, City of Wasco Measure X Financial Statement engagement letter for the Fiscal Year 2021-22.
3. Badawi & Associates, Single Audit Reports engagement letter for the Fiscal Year 2021-22.
4. Badawi & Associates, 2022 Appropriations Limit Review engagement letter for the Fiscal Year 2021-22.
5. Badawi & Associates, 2023 Appropriations Limit Review engagement letter for the Fiscal Year 2021-22.
6. Badawi & Associates, SCO engagement letter for the Fiscal Year 2021-22. 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26
City Financial Statements 34,800 35,775 36,773 36,773 36,773 36,773 Single Audit 1,875 1,895 1,927 1,927 1,927 1,927 Measure X Audit 1,285 1,365 1,453 1,453 1,453 1,453 State Controller's Report 1,435 1,520 1,613 1,613 1,613 1,613 Gann Limit Agreed-Upon Procedures 505 530 559 559 559 559 Total $39,900 $41,085 $42,325 $42,325 $42,325 $42,325
Term Fiscal Years Optional Fiscal Years
Services
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June 14, 2022
To the Honorable Mayor and Members of the City Council
of the City of Wasco
c/o Mr. Scott Hurlbet, City Manager
764 E Street
Wasco, CA 93280
Dear Mr. Hurlbet:
You have requested that we audit the financial statements of the governmental activities, the business - type activities, each major fund, and the aggregate remaining fund information of the City of Wasco, as of June 30, 2022 , and for the year then ended , and the related notes to the financial statements, which collectively comprise City of Wasco’s basic financial statements as listed in the table of contents.
In addition, we will audit the entity’s compliance over major federal award programs for the year ended June 30, 2022 . We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audit s will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on compliance regarding the e ntity’s major federal award programs . The objectives of our audit of the financial statements are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to is sue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the Unit ed States of America (GAAS) and in accordance with Government Auditing Standards , will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
The objectives of our compliance audit are to obtain sufficient appropriate audit evidence to form an opinion and report at the level specified in the governmental audit requirement abou t whether the entity complied in all material respects with the applicable compliance requirements and identify audit and reporting requirements specified in the governmental audit requirement that are supplementary to GAAS and Government Auditing Standard s , if any, and perform procedures to address those requirements.
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City of Wasco
June 14, 2022