HomeMy WebLinkAboutAGENDA REPORT 2012 1219 CCSA REG ITEM 09F ITEM 9.F.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
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FROM: Jeremy Laurentowski, Parks and Landscape Manager�v
DATE: November 26, 2012 (CC Meeting of December 19, 2012)
SUBJECT: Consider Installation of Blink and ChargePoint Electric Vehicle
Supply Equipment (EVSE); Award Contract to ECOtality North
America; Award Contract to Coulomb Technologies, Inc.; and
Consider Resolution Amending the Fiscal Year 2012/13 Budget to
Fund the Project From the Traffic Systems Management Fund (2001)
BACKGROUND
Although estimates vary, most analysts agree that electric vehicles (EVs) will account
for approximately 2% to 5% of all vehicles on the road in the United States by the year
2020. 5% of vehicles sales in the U.S. will account for an estimated 1,000,000 electric
vehicles by 2020. It is difficult to predict the overall impact that the electric vehicle will
have on California, but according to the California Center for Sustainable Energy
(CCSE), there are currently more than 12,000 EVs driven in California today, which is
equivalent to approximately 35% of all the EVs sold across the United States. As the
proportion of the total EV car sales spread throughout the U.S., California car owners
will most likely continue to dominate the majority of the market and may account for
approximately 4.5% to 8% of all EVs by 2020.
In addition, the technology behind the electric vehicle has been encouraged by both the
state of California in its efforts towards emissions reduction, and by the Federal
Government, with investments in this technology exceeding $140 billion to date. In
2010, the state of California unveiled its clean energy plan that laid out its goals and
milestones towards reducing both energy consumption and its contribution to global
greenhouse gases, as mandated by the Global Warming Solutions Act (AB32). AB32
was enacted in 2006 and set strict limits on the overall emissions of carbon dioxide and
other greenhouse gases. The technology behind the electric vehicle directly
compliments A1332, as EVs emit zero emissions, and supports efforts to introduce low
carbon fuels and reduce fossil-fuel production.
Electric vehicles have limited range, 40 miles to approximately 110 miles on average,
and are powered by an electric motor with a battery power source. The battery requires
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Stations.doc
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an electric power supply to recharge it, and to accomplish this task, one simply plugs it
in. Most electric vehicles take between four and eight hours to fully charge the vehicle.
However, several current EV manufacturers claim that their new models will exceed 240
mile on one charge and as this technology develops, we will most likely see vehicle
range increase and charging times decrease. Regardless of the vehicle parameters, it
is clear that these vehicles will make their way into our neighborhoods and the need to
install infrastructure statewide will be required to maintain this mode of transportation.
DISCUSSION
The City Council is being asked to approve the installation of two Blink Level 2
Commercial Pedestal Chargers and two ChargePoint Dual Level Charging Stations,
collectively known as Electric Vehicle Supply Equipment (EVSE). The supply
equipment will enable the City of Moorpark to provide the infrastructure for current and
future electric vehicle users in Moorpark and provide the framework to connect EV
users with communities throughout California, and ultimately the entire Unites States.
Staff proposes to install the charging stations at three centrally located areas within the
downtown area; one charging station will be located at the Ruben Castro Human
Services, two at the Metrolink station and one at the Civic Center parking lot adjacent to
the Development Services Building. The EVSE will be provided by several sources, the
first source is through the EV Project, co-developed by the U.S. Department of Energy
and managed by ECOtality North America, the second source is through a local
Moorpark vendor, AG Machining, and the third source is through a marketing program
with Coulomb Technologies, Inc.
The EV Project is a program co-developed by the U.S. Department of Energy and
ECOtality North America, whereby data is collected and analyzed to characterize
vehicle use in diverse topographic and climatic conditions, evaluate the effectiveness of
charging infrastructure, and conduct trials of various revenue systems for commercial
and public charging infrastructure. The ultimate goal of the program is to analyze the
first deployment of the EVSE and charging infrastructure supporting them in an effort to
streamline future deployments. ECOtality North America is the project manager for the
EV Project and has received approximately $115 million in grant funding from the U.S.
Department of Energy to initiate this program. ECOtality provides 50% match funding
for the deployment of the EVSE and has estimated that approximately 14,000 units will
be deployed to both residential and commercial customers by 2017. There is minimal
cost to the City, as one Blink Level 2 pedestal charger, including installation, is provided
free of charge by ECOtality. The City will be required to provide electrical service at a
cost of $1,700 per charger location.
The contract term of the EV Project is one year, ending December 31, 2013, and there
are no subscription fees or additional costs to the City during the program term. After
the EV Project has terminated, the City will own the equipment outright and enter into a
service contract with ECOtality North America for an extended term. By assuming
ownership of the equipment, the City will assume all liability associated with the use of
the equipment. Staff has contacted the City's insurance provider, California Joint
Powers Insurance Authority (CJPIA), and has discussed the City's interest in obtaining
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this equipment. CJP1A has stated that they have not received any claims arising from
the use of EVSE to date and they do not feel that the City is taking any unnecessary
risks by providing the supply equipment. The term of the service contract is for a
minimum of one year and is necessary to utilize the internet based system software.
The software is proprietary and the service contract will cost approximately three
hundred sixty dollars ($360) per charger, per year. However, the units are able to
generate two forms of revenue; one source of revenue is generated from the use of the
actual charging station and one from advertising. The City will receive 50% of the
revenue generated from all transactions in an effort to offset the monthly service fees
and electrical costs. Currently, ECOtality is proposing three different subscriptions,
Blink Plus, Blink Basic and Blink Guest with service rates of $1/hr., $1.50/hr. and
$2.00/hr. respectively. Each Blink charger is installed with a 3" x 7" LCD screen that will
display advertisements paid for by the subscriber. All advertisements are single page
and video advertising is not an option at this time. The City will have the ability to filter
subject matter and control the type of advertising that is displayed on the units.
Currently, over 550 Blink chargers have been deployed within the state of California. A
complete list and location map of both public agencies and private companies can be
found at www.blinknetwork.com. The following is a list of several local municipalities
that have taken advantage of the EV Project:
• City of Thousand Oaks
• City of Glendale
• City of West Hollywood
• City of Los Angeles
• City of Anaheim
• City of Long Beach
• City of Cerritos
The second source of the EVSE is through a local Moorpark vendor, AG Machining.
Staff was contacted by this vendor several months ago, simply because they wanted to
help get the City of Moorpark on the map. The owners of AG Machining read a
statement on the City's website that Moorpark is among the top business friendly cities
and they were impressed with Moorpark's commitment to new businesses. They
purchased a Blink Level 2 Commercial Pedestal Charger for the City because,
according to the owners of AG Machining, they wanted to demonstrate to the
surrounding communities that the City of Moorpark is innovative and moving forward
with technology. In addition to precision manufacturing and machining, AG Machining
specializes in the development of solar technology.
It should be noted that staff recently discovered that ECOtality North America, its
subsidiary, and certain individuals are under investigation by the Securities and
Exchange Commission (SEC) for allegations of insider trading from the period between
August 1, 2008 and August 31, 2009. Staff contacted ECOtality on several occasions to
discuss this matter and was informed that as of November 21, 2012, the SEC has
completed their investigation of the company and that they are closing the matter
without action filed. Staff was not able to obtain any additional information from the
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SEC on this matter. However, according to the License Agreement with ECOtality, the
City is not under any contractual obligations to continue service with ECOtality and can
terminate the contract without cause, at any time and for any reason. In addition,
should the City decide to terminate the contract with ECOtality, the only loss to the City
would be the cost for certain infrastructure that was required to install the EVSE, such
as the electrical power supply. Approximately $3,400 would be required to provide
electrical power for the two units at the Metrolink Station. However, the electrical power
supply could ultimately be used for a different product if the City decided that a different
manufacturer would be preferred at this location. Due to the fact that the SEC has not
formally filed charges against ECOtality for the allegations described above, staff
recommends proceeding with the License Agreement unless actions by the SEC
warrant termination of the Agreement.
The third source of the EVSE is through a marketing program developed by Coulomb
Technologies, Inc (CTI). CTI is a privately funded company and has awarded two
ChargePoint Dual Level Charging Stations to the City of Moorpark. The intent of the
marketing program is not only to promote the ChargePoint system, but also to inform
the public of the benefits of the technology behind the electric vehicle and the overall
impacts electric vehicles have on the environment. The marketing efforts initiated by
CTI are subject to City approval and may include promoting the charging stations
through an internal newletter, a ribbon cutting celebration or promoting the availability of
the charging stations through the company's website. There is minimal cost to the City,
as the two ChargePoint chargers will be provided free of charge. The City will be
required to provide installation, as well as electrical service at each charger location.
The Station Award and Marketing Agreement through CTI provides for a one-year
subscription to the Commercial ChargePoint Network Service Plan, one-year product
warranty, and ownership of the EVSE without any costs to the City. The CTI plan is
similar to the ECOtalilty plan; upon termination of the Marketing Agreement, the City will
assume all liability associated with the use of the equipment and will need to enter into a
service contract with CTI for an extended term in order to utilize the system software.
The annual service plan will cost two hundred thirty dollars ($230) per charger, per year
and the City will have the option of purchasing an extended warranty for the EVSE if
desired at that time. The ChargePoint chargers generate revenue solely from the use of
the charging station and City will receive approximately 95% of the revenue generated
from all transactions in an effort to offset the annual service fee and electrical costs.
The Commercial ChargePoint Network Service Plan provides for flexibility in billing rates
and the ability for the City to customize the plan parameters. The City determines the
charging fees and has the option to set fees based on time, sessions, total kilowatt
hours (kWh) used or a combination, and can set billing rates at different times of day or
for different users, such as ChargePoint customers. In addition, the plan provides for
several payment options, such as by credit card or by ChargePoint cards obtained
through a free membership with ChargePoint.
Currently, over 1,300 ChargePoint chargers have been deployed within the state of
California. A complete list and location map of both public agencies and private
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companies can be found at http://chargepoint.net. The following is a list of several local
municipalities that currently utilize ChargePoint chargers:
• City of Ventura
• City of Santa Barbara
• City of Carpentaria
• City of Thousand Oaks
• City of Santa Monica
• City of Huntington Beach
• City of Anaheim
• City of Hermosa Beach
• City of Orange
• City of Lompoc
• City of Laguna Beach
• City of Riverside
Staff recommends installing two Blink Level 2 Commercial Pedestal Chargers at the
Metrolink Station and two ChargePoint Dual Level Charging Stations; one at the Ruben
Castro Human Services Center and one at the Civic Center parking lot. Prior to the end
of 2013, staff will provide the City Council with an analysis of the two programs and data
of the use generated during the one-year term of the Agreements. At that time, staff will
make a recommendation to the City Council in regards to extended service contracts
with ECOtality North America and Coulomb Technologies, Inc.
As mentioned previously, there are no costs associated with the purchase of the electric
vehicle supply equipment. One (1) charger will be provided by ECOtality North
America, one (1) charger will be provided by a local Moorpark vendor, AG Machining,
and two chargers will be provided by Coulomb Technologies, Inc. Staff has obtained
cost estimates to provide electrical service and installation at each of the three
proposed locations, including a third party electrician to program the EVSE, and has
determined that the total cost for this work is approximately $9,300: $2,700 for the civic
center, $3,200 for the Ruben Castro Human Services Center, and $3,400 for the
Metrolink Station.
FISCAL IMPACT
There is no cost to the City to purchase the Blink Level 2 Commercial Pedestal
Chargers or the ChargePoint Dual Level Charging Stations. One charger will be
provided by ECOtality North America, one charger will be provided by AG Machining
and two chargers will be provided by Coulomb Technologies, Inc.
The total project cost of $9,300 was not included in the fiscal year 2012/13 spending
plan of the Facilities Division (7620). Staff is requesting an additional appropriation from
the Traffic Systems Management Fund (2001) in the amount of $9,300.
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Staff is confident that the annual operational costs will equal the revenue generated by
the EVSE during the first year of installation, as the only costs to the City are the
electrical costs required to charge the vehicles. The minimum hourly costs to utilize the
equipment is currently set at $1.00/hr. for the Blink charging system and staff suggests
establishing a fee of $1.00/hr. for the ChargePoint system as well. The electrical draw
of electric vehicles varies, but according to the EVSE manufacturers, the average draw
of most vehicles is 16 amperes (amps). Based on a billing rate of $.15/kWh, the hourly
electrical cost at a 16 amp draw is approximately $.46/hr. The electrical cost would
equal the revenue generated by the Blink system, as the City will receive 50% of all
revenue under the Agreement. The ChargePoint system would generate approximately
$.45/hr. in revenue at this rate, as the Agreement allows the City to retain approximately
95% of all revenue.
During the second year of the Agreement, the City will be required to pay an annual
service fee: $360/year, per charger, for the Blink service plan and $230/year, per
charger, for the ChargePoint service plan. Based on the electrical costs mentioned
previously, it would take approximately 500 hours of use with the ChargePoint system
for the City to equal its annual operating costs. The revenue generated by the Blink
system, equals the electrical costs generated by the equipment, and it would take an
additional revenue source to cover the annual service plan fees. The Blink system also
generates revenue through advertising and has several subscription levels that charge
increased rates for electrical use in an effort to offset these costs. However, it is
somewhat difficult to predict how often the equipment will be used and the actual
revenue generated by these systems. As mentioned previously, prior to end of the one-
year introductory period, staff will provide the City Council with an analysis of the two
programs and future projection of overall costs and revenue, based on the data
collected. Staff does not anticipate that the revenue generated by the charging stations
will cover the service plan fees within the first several years of use.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve the installation of two Blink Level 2 Commercial Pedestal Chargers and two
ChargePoint Dual Level Pedestal Chargers at the locations identified in the staff
report; and
2. Award a contract to ECOtality North America, and authorize the City Manager to
execute the contract, subject to final language approval by City Manager and City
Attorney; and
3. Award a contract to Coulomb Technologies, Inc., and authorize the City Manager to
execute the contract, subject to final language approval by the City Manager and
City Attorney; and
4. Adopt Resolution No. 2012- amending the FY 2012/13 budget to appropriate
$9,300 from the Traffic Systems Management Fund (2001) to the Facilities Division
(7620) to fund this project.
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Attachments:
1. Resolution No. 2012 -
2. ECOtality North America License Agreement
3. Blink Level 2 Commercial Pedestal Charger
4. Coulomb Technologies, Inc. Station Award and Marketing Agreement
5. ChargePoint Dual Level Charging Stations
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RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2012/13 BUDGET TO ALLOCATE $9,300 FROM THE
TRAFFIC SYSTEMS MANAGEMENT FUND (2001) TO THE
FACILITIES DIVISION (7620) FOR THE INSTALLATION OF
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
WHEREAS, on June 20, 2012, the City Council adopted the Operating and
Capital Improvement Budget for Fiscal Year 2012/13; and
WHEREAS, a staff report has been presented to City Council discussing the
need for installation services for two Blink Level 2 Commercial Pedestal Chargers and
two ChargePoint Dual Level Charging Stations in the amount of$9,300; and
WHEREAS, an additional appropriation of $9,300 is requested from the Traffic
Systems Management Fund (2001) to the Facilities Division (7620) to fund this project,
and
WHEREAS, Exhibit "A" hereof describes said budget amendment and its
resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment allocating $9,300 from the Traffic Systems
Management Fund (2001) for the installation for two Blink Level 2 Commercial Pedestal
Chargers and two ChargePoint Dual Level Charging Stations, more particularly
described in Exhibit "A" attached hereto is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 19th day of December, 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A— Budget Amendment
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EXHIBIT A
BUDGET AMENDMENT FOR TRAFFIC SYSTEMS MANAGEMENT FUND (2001)
FOR THE ELECTRICAL INSTALLATION OF ELECTRIC VEHICLE SUPPLY
EQUIPMENT AT THE RUBEN CASTRO HUMAN SERVICES CENTER, THE
METROLINK STATION AND THE CIVIC CENTER
FY 2012/13
FUND ALLOCATION FROM:
FUND TITLE FUND ACCOUNT NUMBER AMOUNT
Traffic Systems Management Fund 2001-5500 $9,300
Total $9,300
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
BUDGET NUMBER CURRENT BUDGET REVISION ADJUSTED BUDGET
2001-7620-0000-9252 $65,898 $2,700 $68,598
2001-7620-5020-9252 $15,000 $3,200 $18,200
2001-8510-0000-9252 $2,000 $3,400 $5,400
Total $82,898 $9,300 $92,198
Finance approval: <'
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ATTACHMENT 2
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this "Agreement") is made effective as of 20—, between
a municipal corporation (the "Licensor"), and Electric
Transportation Engineering Corporation, dba ECOtality North America, an Arizona corporation, and its
successors and assigns ("Licensee") (collectively the"Parties").
RECITALS:
A. The Licensor is the fee owner of certain real properties more particularly described on the
attached Exhibit A (collectively"Licensor's Properties"), specific portions of which will be licensed
to Licensee pursuant to this Agreement which licensed portions are described and depicted on
the attached Exhibit B (collectively the"Licensed Premises").
B. Licensee is the owner of the EVSE and Software (collectively the"EVSE").
C. The United States Department of Energy ("DOE") has provided funding through the American
Recovery and Reinvestment Act ("ARRA") to accelerate the development and production of
electric vehicles ("EVs") in order to reduce petroleum consumption in the United States.
D. For the use of EVs to expand drivers of EVs will require access to sufficient publicly available
Electric Vehicle Supply Equipment ("EVSE") stations exist to provide for convenient re-charging
of EVs in locations remote from the drivers' homes.
E. To encourage the development and use of EVs the DOE is supporting the development of a
large publicly available EV charging infrastructure in several cities in the United States, through a
program known as the "EV Project," which will provide EVSE units at publicly available locations
in the United States.
F. Pursuant to the EV Project Licensee has received a grant from DOE (the "DOE Grant") to install
EVSEs and to collect data relating to public use of the EVSEs. The data collected from publicly
available EVSE and EV Project participants will be analyzed to determine vehicle use and
charging patterns in a variety of topographies and climate conditions, to evaluate the
effectiveness of the charge infrastructure deployed under the EV Project, and to support the
future deployment of EV infrastructure in other regions.
G. Licensor is interested in the outcome of the studies and other efforts being undertaken by
Licensee as part of the DOE Grant, including the extent to which EVSEs on the Licensed
Premises would affect energy use by Licensor and the use of EVs by members of the public.
H. Licensee desires to obtain from Licensor certain rights over, under and across Licensor's
Property for the purpose of installing, maintaining, operating and removing the EVSE to facilitate
Licensee's implementation of the DOE Grant.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. The License. Licensor hereby grants to Licensee a revocable license to use and occupy the
Licensed Premises (the "License"), on the terms and conditions stated in this Agreement, to
install, maintain, and operate the EVSE for the purpose of implementing the DOE Grant.
1.1. Limited, Nonexclusive Rights. This License is a revocable, nonexclusive, and non-
possessory authorization for Licensee to enter upon and use the Licensed Premises
solely for the purposes described in § 1.3 on the terms and conditions stated herein.
Licensee may not use the Licensed Premises for any other purpose or in any other
manner without Licensor's prior written consent. This License in no way restricts
Licensor's nsor's ,s or conypyance of the Licensed Premises any interest therein or any
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CONFIDENTIAL&PROPRIETARY 167
improvements thereon, or Licensor's use of the Licensed Premises in any manner not
inconsistent with the License. This License is not intended to create or convey to
Licensee an interest in real property, and may not be recorded without Licensor's prior
written permission.
1.2. Rights of Others. Nothing in this License may be construed as Licensor's
representation, warranty, approval, or consent regarding rights in the Licensed
Premises held by other parties, and Licensee is responsible for ascertaining the rights
of all third parties in the Licensed Premises and obtaining their consent to the activities
described in this License as necessary or appropriate. Licensee agrees to obtain, at its
sole expense, such other licenses, permits, consents and agreements as may be
required to address the rights of others by other appropriate agreements, easements,
privileges or other rights, whether recorded or unrecorded, and shall make its own
arrangements with holders of such prior rights.
1.3. Scope of License; Permitted Uses. During the term of this Agreement Licensee shall
have reasonable access to the Licensed Premises for the limited purpose of installing,
maintaining, using, operating, repairing, and removing the EVSE. Licensee may not
use the EVSE located on the Licensed Premises for any purpose other than to provide
for EV charging, for both privately owned and car share fleet vehicles, and to collect
data relating to the use of the EVSE.
1.4. Condition of Premises. Licensee agrees to accept the Licensed Premises "As Is,"
without warranty of any kind, express or implied. Licensee acknowledges that Licensor
is not obligated to construct or install any improvements or facilities of any kind on the
Licensed Premises. Licensee must use commercially reasonable efforts to maintain the
Licensed Premises and any EVSE installed on the Licensed Premises in a condition
satisfactory to the Licensor, including the removal from the EVSE and from any areas
that are inaccessible to Licensor of graffiti and other unsightly, dangerous or offensive
conditions and must not cause or permit any generation of hazardous waste. During
the term of this Agreement Licensor will cooperate with Licensee to implement
appropriate, mutually agreed upon procedures to assure that the Licensed Premises
are maintained in a condition that is satisfactory to both Licensor and Licensee.
1.5. Condition of Licensee's EVSE. During the term of this Agreement Licensee must
maintain the EVSE in a reasonable, safe and operable condition at all times when the
EVSE is installed on Licensor's Property. Licensor will have no right or responsibility to
repair, maintain, or operate the EVSE. Licensor will cooperate with Licensee to
implement appropriate, mutually agreed upon measures to assure that the EVSE is
maintained in operable condition and that if the EVSE is damaged or becomes
inoperable that Licensee is promptly notified. Licensee will repair or replace, at
Licensee's option and at Licensee's sole expense, the EVSE or parts or components
thereof as Licensee deems necessary and appropriate. Licensee will not be responsible
for the condition of the EVSE after the expiration or termination of this Agreement.
1.6. Environmental Hazards. Licensees agrees not to use or store, or permit to be used
stored, on the Licensed Premises, gasoline or petroleum products, hazardous or toxic
substances or inflammable materials, herbicides, pesticides, fungicides, algaecides.
Licensee may not engage in the production, location, transportation, storage, treatment,
discharge, disposal, or release upon or under the Licensed Premises of any substance
regulated under any local, state or federal environmental protection law or regulation.
1.7. Waste, Nuisance. Licensee shall not commit or suffer to be committed any waste or
impairment of the Licensed Premises and covenants that it shall not do, nor permit to
be done, on or about the Licensor's Properties any acts which may be a nuisance.
1.8. Compliance with Laws. In the exercise of any privilege granted by this License,
Licensee must comply with all applicable State, municipal and local laws, and the rules,
orders, regulations and other legal requirements, including laws and regulations relating
to occupational safety and health and environmental protection, and all orders, writs,
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CONFIDENTIAL&PROPRIETARY 168
judgments, injunctions, decrees or awards of any court or governmental authority with
jurisdiction over Licensee or the Licensed Premises. Licensee must obtain promptly
and maintain in effect throughout the term of the License all licenses, permits,
authorizations, registrations, rights and franchises necessary to conduct the actions
required or permitted by the License. Furthermore, Licensee will not encourage or
permit any use in or upon the Licensed Premises, or any part thereof, in violation of any
applicable laws, statutes, rules or regulations of any federal, state or local authority.
1.9. Compliance with Licensor Requirements. Any use made of the Licensed Premises
pursuant to this License, and any construction, maintenance, repair, or other work
performed thereon by the Licensee, including the installation and removal of any article
or thing, shall be accomplished in a reasonable manner.
1.10. Structures. Licensee may not place or construct upon, over or under the Licensed
Premises any installation or structure of any kind or character, except such as are
specifically authorized herein or in writing signed by Licensor.
1.11. Alterations; Damage; Restoration. No alterations may be made by Licensee to the
Licensed Premises without first obtaining the prior written consent of Licensor and, if
applicable, any other person or entity having an interest in or right to use or occupy the
Licensed Premises. Licensee will bear the costs and expenses, up to a maximum of
$ per pedestal EVSE or $ per wall mount EVSE, associated with
performing any such alterations, including, without limitation, costs of construction and
any increased operating costs resulting from such alterations. Except as may be
otherwise provided in this Agreement, Licensee may not alter, destroy, displace or
damage any of Licensed Premises or any neighboring property in the exercise of the
privileges granted by this Agreement without the prior written consent of Licensor and
any other affected landowner, and the express agreement of Licensee promptly to
replace, return, repair and restore any such property to a condition satisfactory to
Licensor and any other affected landowner upon demand, and at Licensee's sole cost
and expense.
1.12. Operation and use of EVSE. Licensee must confine activities on the Licensed Premises
strictly to those necessary for the enjoyment of the privilege hereby licensed, and must
refrain from marring or impairing the appearance of the Licensed Premises, obstructing
access thereto, interfering with the transaction of Licensor's business and the
convenience of the public, or jeopardizing the safety of persons or property, or causing
justifiable public criticism.
1.13. Equipment/Access Revenue.
Licensor acknowledges that Licensee is providing the initial EVSE to the site as part of
a no-cost pilot program and Licensee intends to collect revenues from the EVSE.
1.14. Expense. Except as provided in § 1.11, any cost, expense or liability connected with or
in any manner incident to the granting, exercise, enjoyment, or relinquishment of this
License will be assumed and paid or discharged by the Licensee. Such costs shall
include, but shall not be limited to, costs to install or remove the EVSE, costs to install
electricity or other power supplies to serve and operate the EVSE, and costs to keep
the EVSE free of graffiti and debris.
1.15. Assignment. Licensee may not assign this License nor sub-license all or any portion of
the Licensee's right to use and occupy the Licensed Premises, and any purported
assignment or sub-license by Licensee is void. This License does not confer on or
convey to Licensee any possessory interest in the Licensed Premises, any right to
exclusive possession or occupancy of the Licensed Premises, or any right of quiet
enjoyment. The privileges granted to Licensee by this Agreement are personal to
Licensee and may not be assigned or transferred to any other person, firm, corporation,
or other entity without the prior, express and written consent of Licensor.
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CONFIDENTIAL&PROPRIETARY 169
1.16. Subordination. This Agreement and the License granted herein is subject and
subordinate to the terms of all ground leases, superior leases, mortgages, deeds of
trust, other security instruments, and any other prior rights and matters of record now or
hereafter affecting Licensor's interest in Licensed Premises.
2. Term of License. The License and rights granted by this Agreement will become effective as of
, 2012 (the "Commencement Date") and unless otherwise agreed in a writing signed
by both Parties will automatically expire and terminate upon the conclusion of the EV Project,
which is currently scheduled for December 31, 2013 ("Expiration Date").
3. Consideration for License. As consideration for the License and the use of electricity used for
the charging of EVs using EVSEs located on the Licensed Premises, Licensee agrees to pay the
sum of $1.00 upon execution of this Agreement. In addition, Licensee will provide Licensor
reports and other information relating to the License and the use of the EVSEs, including data
collected from or relating to the use of EVSE's on the Licensed Premises, provided, however,
that Licensee will not be required to and will not provide to Licensor any information that is
proprietary or confidential.
4. Surrender, Removal of the EVSE. On the expiration or any earlier termination of this
Agreement, Licensee shall vacate the Licensed Premises and surrender possession of the
Licensed Properties to Licensor.
4.1. Licensor's Option to Retain the EVSE upon Expiration of the Term. Upon the expiration
of the Term, Licensor, in its sole and absolute discretion, may elect to retain the EVSE.
Licensor shall notify Licensee in writing delivered to Licensee not less than thirty (30)
days prior to the expiration of this Agreement, whether Licensor desires to retain the
EVSE on some or all of the Licensed Premises. If Licensor fails to deliver such written
notice within such thirty (30) day period, Licensor will be deemed to have elected to
retain the EVSE at the Licensed Premises. If Licensor elects to retain the EVSE
installed at some or all of the Licensed Premises, Licensor shall become entitled to
acquire from Licensee all rights, title, and interest in and to such EVSE at no additional
cost, and Licensee agrees to execute and deliver to Licensor such documents as
Licensor may reasonably request to evidence the transfer of title.
4.2. Removal of the EVSE by Licensee upon Expiration of the Term. If Licensor elects not
to retain the EVSE at the Properties, Licensee shall remove (at Licensee's sole cost
and expense) any or all of the EVSE, and must restore the Licensed Premises to a safe
and reasonable condition, as more specifically described in § 4.4 hereof. Should the
Licensor elect to continue ECOtality Blink Network and EVSE support, following the
Term or earlier termination thereof, such additional services shall be subject to a new
written agreement to be entered into between the Parties.
4.3. Removal of the EVSE by Licensor. If Licensor timely notifies Licensee of Licensor's
election to have Licensee remove the EVSE from the Licensed Premises, Licensee will
promptly remove the EVSE and restore the condition of Licensed Premises as
provided in §4.4.
4.4. Restoration. Upon expiration or termination of the License and removal of the EVSE
Licensee will, at Licensee's sole expense and to Licensor's satisfaction, restore the
affected portions of the Licensed Premises to a safe condition, with the electricity to the
Charger installation locations capped, the breakers turned off, and the Charger
anchor/mounting bolts cut flush/removed.
5. Termination.
5.1. Without Cause. This Agreement may be terminated by Licensee in writing to the
Licensor, without cause, at any time and for any reason, including the termination of the
EV Project or a reduction in EV Project funding, whereupon the Parties shall be fully
released from their respective duties, rights, obligations and liabilities under this
Agreement except as provided below.
Municipal License Agreement Page 4 of 11
Rev'd Date:8.23.12
CONFIDENTIAL&PROPRIETARY 170
5.2. With Cause. This Agreement may be terminated in writing by either party for cause if
either party violates any term of this Agreement and fails to cure the same within ten
(10) days of receiving written notice of such default. Upon such termination of this
Agreement for cause, as its sole and exclusive remedy, Licensee shall have the right,
but not the obligation, to disable or remove (at its sole cost and expense) any or all of
the EVSE installed at the Location and terminate services to Licensors. In the event
that Licensee does not elect to remove the EVSE within thirty (30) days following such
termination, the EVSE shall be deemed abandoned by Licensee and Licensor shall
possess all rights, title and interest in and to the same.
6. Use of the EVSE by Licensor.
6.1. Software License. During the term of this Agreement, Licensee grants to the Licensor a
non-exclusive and non-transferable license, to use Licensee's software in the form in
which it is embedded in the EVSE on the delivery date for use in conjunction with other
parts of the EVSE on the condition that the EVSE shall be used for its intended purpose
only. Nothing contained in this Section shall be construed as an assignment or transfer
of any copyright, design right or other intellectual property rights in such software, all of
which rights are owned by the Licensee.
6.2. Limitation of Licensee's Liability. Licensee makes no warranty or representation,
expressed, implied, oral or statutory, to the Licensor or any third party, with respect to
the Software or the EVSE, including, without limitation, any warranty, condition or
representation: (a) of merchantability, fitness for a particular purpose, satisfactory
quality, or arising from a course of dealing, usage, or trade practice; (b) that the
products will be free from infringement or violation of any rights, including intellectual
property rights of third parties; or (c) that the operation of any software supplied will be
uninterrupted or error free.
7. Indemnification. Licensee shall indemnify, defend, save and hold harmless the Licensor and its
officers, officials, agents, and employees from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or
personal injury (including death), or loss or damage to tangible property caused, or alleged to be
caused, in whole or in part, by the negligent or willful acts or omissions of Licensee or any of its
owners, officers, directors, agents, or employees, arising out of or related to Licensee's
occupancy and use of the Licensed Premises.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY CLAIMS FOR
DAMAGES BY EITHER PARTY ARISING UNDER OR IN CONNECTION WITH THIS
AGREEMENT SHALL BE LIMITED TO ACTUAL RECOVERIES UNDER SUCH PARTY'S
INSURANCE POLICIES.
8. Insurance Requirements. Licensee shall procure and maintain for the duration of the License,
insurance against claims for injury to persons or damage to property which may arise from or in
connection with the License. Licensee in no way warrants that the minimum limits contained
herein are sufficient to protect the Licensor from liabilities that might arise out of the License.
Licensor is free to purchase such additional insurance as Licensee determines necessary.
8.1. Minimum Scope and Limits of Insurance: Licensee shall provide coverage with limits of
liability not less than those stated below. An excess liability policy or umbrella liability
policy may be used to meet the minimum liability requirements.
8.1.1. Commercial General Liability—Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual liability
coverage
• General Aggregate $2,000,000
Products—Completed Operations Aggregate $2,000,000
• Personal and Advertising Injury $1,000,000
Far--h nrrriirranre $nnn.non
Municipal License Agreement Page 5 of 11
Revd Date:8.23.12
CONFIDENTIAL&PROPRIETARY 171
Fire Damage (Damage to Rented Premises) * $300,000
The policy shall be endorsed to include the following additional insured language: "The
Licensor shall be named as an additional insured with respect to liability arising out of
the use and/or occupancy of the property subject to this License."
8.1.2. Additional Insurance Requirements. The policies shall include, or be
endorsed to include, the following provisions:
a. On insurance policies where the Licensor is named as an additional
insured, the Licensor shall be an additional insured to the full limits of
liability purchased by the Licensee.
b. The Licensee's insurance coverage shall be primary insurance and non-
contributory with respect to all other available sources.
8.1.3. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed
or authorized to do business in the state and with an "A.M. Best" rating of not
less than B+ VI. The Licensor in no way warrants that the above-required
minimum insurer rating is sufficient to protect the Licensee from potential
insurer insolvency.
8.1.4. Verification of Coverage. Licensee shall furnish the Licensor with certificates of
insurance (ACORD form or equivalent approved by the Licensor) as required
by this Agreement. The certificates for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf.
9. Notices. All notices or other communications required or permitted to be provided pursuant to
this License must be in writing and may be hand delivered, sent by United States Mail, postage
prepaid, or delivered by a nationally recognized courier service. Any notice will be deemed to
have been given when delivered if hand delivered, when received if sent by courier, or forty-eight
(48) hours following deposit in the United States Mail. Notices shall be addressed as follows:
To Licensor:
Company:
Attn:
Title:
Address:
City, State, Zip:
Fax Number:
To Licensee:
Electric Transportation Engineering
Corporation dba ECOtality North America
Attn: Legal Department
Address 430S. 2 nd Avenue
City, State, Zip: Phoenix, AZ 85003-2418
Fax Number: 602-443-9007
10. Interpretation. The headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement. When a reference is
Municipal License Agreement Page 6 of 11
Rev'd Date:8.23.12
CONFIDENTIAL&PROPRIETARY 172
made in this Agreement to a Section, such reference shall be to a Section of this Agreement
unless otherwise indicated.
11. Entire Agreement. This Agreement and the exhibits and schedules referenced or attached hereto
constitute the entire agreement between the Parties with respect to the subject matter hereof
and shall supersede all prior agreements, understandings and negotiations, both written and
oral, between the Parties with respect to the subject matter hereof. This Agreement is not
intended to confer upon any Person other than the Parties hereto any rights or remedies
hereunder.
12. Severability. If any terms or other provision of this Agreement or the schedules or exhibits hereto
shall be determined by a court, administrative agency or arbitrator to be invalid, illegal or
unenforceable, such invalidity or unenforceability shall not render the entire Agreement invalid.
Rather, this Agreement shall be construed as if not containing the particular invalid, illegal or
unenforceable provision, and all other provisions of this Agreement shall nevertheless remain in
full force and effect so long as the economic or legal substance of the transactions contemplated
hereby is not affected in any manner materially adverse to either Party. Upon such determination
that any term or other provision is invalid, illegal or unenforceable, the Parties shall negotiate in
good faith to modify this Agreement so as to effect the original intent of the Parties as closely as
possible in an acceptable manner to the end that the transactions contemplated hereby are
fulfilled to the fullest extent permitted under applicable law.
13. Information. Subject to applicable law and privileges, each Party hereto covenants with and
agrees to provide to the other Party all information regarding itself and transactions under this
Agreement that the other Party reasonably believes is required to comply with all applicable
federal, state, county and local laws, ordinances, regulations and codes.
14. Further Agreements. The Parties shall execute or cause their applicable affiliates to execute
such additional agreements between the Parties and/or their respective affiliates as may be
reasonably necessary to effectuate the intent of this Agreement.
15. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties
hereto and their respective legal representatives and successors, and nothing in this Agreement,
express or implied, is intended to confer upon any other Person any rights or remedies of any
nature whatsoever under or by reason of this Agreement. This Agreement may be amended at
any time by mutual consent of Licensor and Licensee, evidenced by an instrument in writing
signed on behalf of each of the Parties.
16. Amendment and Modification. This Agreement may be amended, modified or supplemented only
by a written agreement signed by all of the Parties hereto.
17. Failure or Indulgence Not Waiver, Remedies Cumulative. No failure or delay on the part of either
Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a
waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein,
nor shall any single or partial exercise of any such right preclude other or further exercise thereof
or of any other right. All rights and remedies existing under this Agreement are cumulative to,
and not exclusive of, any rights or remedies otherwise available.
18. Authority. Each of the Parties represent to the other Party that (a) it has the corporate or other
requisite power and authority to execute, deliver and perform this Agreement, (b) the execution,
delivery and performance of this Agreement by it have been duly authorized by all necessary
corporate or other actions, (c) it has duly and validly executed and delivered this Agreement and
(d) this Agreement is its legal, valid and binding obligation, enforceable against it in accordance
with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other
similar laws affecting creditors' rights generally and general equity principles.
19. Third Party Beneficiaries. None of the provisions of this Agreement shall be for the benefit of or
enforceable by any third party, including any creditor of any Person. No such third party shall
obtain any right under any provision of this Agreement or shall by reasons of any such provision
make any claim in respect of any liability (or otherwise) against either Party hereto.
Notwithstanding the foregoing, it is understood that the Licensee's rights hereunder shall inure to
the benefit of Licensee's affiliates and their officers, directors and employees.
Municipal License Agreement Page 7 of 11
Rev'd Date:8.23.12
CONFIDENTIAL&PROPRIETARY 173
20. Default, Remedies. The actual or prospective failure of either party to satisfy any material
obligation under this Agreement, and the breach of any material representation or warranty
stated in this agreement, will be an event of default. If a party's default continues without cure
for thirty (30) days after delivery of a written notice of default in the manner provided in Section 9,
the other party will be entitled to terminate this Agreement for cause, and to all other remedies
available at law or in equity, including damages and specific performance. The rights and
remedies set forth in this agreement are not intended to be exhaustive and the exercise by either
party of any right or remedy does not preclude the exercise of any other rights or remedies that
may now or subsequently exist in law or equity or by statute or otherwise. Failure or delay by the
Licensor to exercise any right, power or privilege will not be deemed a waiver thereof.
21. Attorney's Fees. If a suit, action, arbitration or other proceeding of any nature whatsoever is
instituted in connection with any controversy arising out of this Agreement or to interpret or
enforce any rights under this Agreement, the prevailing party shall be awarded its reasonable
attorney fees, and costs and expenses incurred.
22. Data Collection for DOE Grant Purposes. During the Term of this Agreement Licensor will allow
Licensee reasonable access to the EVSE, the Licensed Premises, and existing sources of
electrical energy as reasonably necessary to enable Licensee to collect and transmit data
regarding public use of the EVSE as may be required by the DOE Grant.
23. Miscellaneous. Time is of the essence with respect to the performance of every provision of this
Agreement in which time of performance is a factor. Except as expressly provided herein to the
contrary, when a Party is required to do something by this Agreement, it shall do so at its sole
cost and expense without right of reimbursement from the other Party. Whenever one Party's
consent or approval is required to be given as a condition to the other Party's right to take any
action pursuant to this Agreement, unless another standard is expressly set forth, such consent
or approval shall not be unreasonably withheld, conditioned or delayed.
24. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be
deemed an original and all of which, when taken together, shall constitute one and the same
agreement.
Municipal License Agreement Page 8 of 11
Rev'd Date:8.23.12
CONFIDENTIAL&PROPRIETARY 174
IN AGREEMENT, each of the Parties hereto has caused this Agreement to be duly executed as of the day and
year first set forth above.
LICENSOR: LICENSEE:
a municipal corporation Electric Transportation Engineering
Corporation dba ECOtality North America
By: By:
Name: Name:
Title: Title:
Date: Date:
Municipal License Agreement Page 9 of 11
Rev'd Date:8.23.12
CONFIDENTIAL&PROPRIETARY 175
EXHIBIT A: Description of Licensor's Properties
NOTE: This Exhibit A may be amended from time to time to add or delete properties
Location
No. Property Address Assessor's Parcel No.
Municipal License Agreement Page 10 of 11
Rev'd Date:8.23.12
CONFIDENTIAL&PROPRIETARY 176
EXHIBIT B: Description and/or Depiction of Licensed Premises
Location No. 1
[Insert metes and bounds or other narrative description, size, etc.]
See diagram attached as Exhibit B-1
Location No. 2
[Insert metes and bounds or other narrative description, size, etc.]
See diagram attached as Exhibit B-1
Municipal License Agreement Page 11 of 11
Rev'd Date:8.23.12
CONFIDENTIAL&PROPRIETARY 177
ATTACHMENT 3
Simply smarter.
bl'n' k
level 2 Pedestal Charger
Simply Smarter Pedestal Design
Electric Vehicle Supply Equipment (EVSE), such as the Blink"' Level 2
Pedestal Charger, provide a convenient method of charging electric
vehicles (EVs). The pedestal design provides intelligent, user-friendly b6*
features to easily and safely charge electric vehicles. Is
Benefits of Blink's Unique Design
• Modern, stylish appearance
• Ease of installation
• Advertising space available
• Convenient cable management for long reach and storage
between uses
• Connector holster for protection and storage
• Intuitive connector docking
• Selective height design for convenient compliance with
ADA requirements
• 360° beacon light for easy wayfinding
J1772 Standard EV Connector
The SAE J 1772 is the standard for electric vehicle charging in
the United States.
• Ergonomic design
• Prevents accidental disconnection
• Grounded pole-first to make contact, last to break contact
• Designed for over 10,000 cycles
• Can withstand being driven over by a vehicle
• Safe in wet or dry conditions
Energy Meter
• Internal meter to monitor energy and demand usage
• Supports energy usage data evaluation
• Supports electric utility EV billing when certified to ANSI
12.20 and IEC standards
• Connects with AMI interface and smart meter capability for
demand response and energy management
Touch Screen
• Convenient, user-friendly touch screen display
• Charge status and statistics
• Pre-loaded with Blink Commercial User Interface
Learn more at blinknetwork.com or ecotality.com OW78
Proven Technology and Reliable Safety to qty
Features Additional Features
• Charge circuit interruption device (CCID)with automatic test • Smartphone applications for status changes
• Ground monitoring circuit and notifications of completion or interruption
• Nuisance-tripping avoidance and auto re-closure of charge
• Cold load pickup (randomized auto-restart following power outage) • Controllable output to support utility demand
• Certified energy and demand metering response requests
• Wireless IEEE 802.11 g • Revenue systems support
• LAN capable • Multiple input current settings to conveniently
accommodate electric service capabilities
• AMI interface capable
• Multiple modes of communications including
• Web-based bi-directional data flow wireless, cellular, 802.15 protocol capable,
• Cord management system LAN
Blink Level 2 Pedestal Charger Specifications Safety
Input Voltage 208 VAC to 240 VAC +/- 10% • Interlocks with EV drive system so EV cannot
Input Phase Single drive when connector is inserted in vehicle inlet
Frequency 50/60 Hz • De-energizes EVSE if connector and cable are
Input Current 30 Amps (maximum); 12A, 16A, 24A available subjected to excessive strain
Breaker Size 40 Amps; settings at 15A/20A/30A available • Charge:current interrupting device (CCID)with
automatic test feature for personal protection
Output Voltage 208 VAC 240 VAC +/ 10%
• Connector parts are de-energized until latched
Output Phase Single in vehicle inlet
Pilot SAE J 1772-compliant • Meets all National Electric Code requirements
Connector/Cable SAE J 1772-compliant; UL-rated at 30A maximum • UL Listed
Cable Length 18 feet (estimated)
Exterior Dimensions Pedestal: 66" H x 20" W x 17" D Standards and Certifications
Temperature Rating -22° F (-30° C) to +12 20 F (+50° C) . SAE J 1772 compliant
Enclosure NEMA Type 3R; sun-and-heat-resistant . NEC article 625 electric vehicle
charging system
• UL and ULc to 2594
179
ATTACHMENT 4
STATION AWARD AND MARKETING AGREEMENT
This Station Award and Marketing Agreement (this "Agreement") is entered
into as of September 21, 2012, by and between Coulomb Technologies, Inc. ("CTI"), a
Delaware corporation, with its principle offices at 1692 Dell Avenue, Campbell, CA
95008 and City of Moorpark ("Customer"), with its principle offices at 799 Moorpark
Ave, Moorpark, California. CTI and Customer are sometimes referred to individually
in this Agreement as, a "Party," and, collectively, as, the "Parties."
1. Charging Stations. Customer is being awarded the following charging stations (the
"Charging Stations").
Product Product Description Product Qty Unit Total
Name Code Price Price
CT2101- Dual 208/240-30A & 120V- CT2101- 1 $0.00 $0.00
GPRS-SIM1- 12A Bollard Mount with GPRS-SIM1-
LOCK-CCR GPRS, locking holster, and LOCK-CCR
credit card reader.
CT2101- Dual 208/240-30A & 120V- CT2101- 1 $0.00 $0.00
LOCK-CCR 12A Bollard Mount, locking LOCK-CCR
holster, and credit card
reader.
Grand Total:
In the event, Customer wishes to purchase additional charging stations from CTI, CTI
and Customer will enter into a separate Master Purchase Agreement. As described below, the
Charging Stations will come with a one year subscription to the Commercial ChargePoints
Network Service Plan, at no charge to Customer. In addition, the Charging Station shall be
covered by CTI's standard, one-year, parts only warranty. In the event Customer desires to
continue using the Charging Station upon expiration of the plan provided to Customer at no
charge, Customer will enter into a subscription to one of the ChargePoint Network Service
Plans at CTI's then standard rates. An extended warranty may be purchased by Customer
during the period beginning ninety (90) days prior to the expiration of CTI's standard
warranty, and ending on the expiration date of such warranty.
2. Shipment and Delivery. All shipping, unless otherwise agreed to by the Parties in
writing, shall be FOB Coulomb's point of shipment. Customer shall be responsible for all costs
Coulomb Technologies, Inc. ® 1692 Dell Ave. • Campbell, CA 95008-6901
180
of shipping, transportation, insurance, warehousing, and other charges and costs associated
with shipment of the Charging Stations to Customer. All shipping dates are approximate and
are based upon prompt receipt of all necessary information from Customer. In no event shall
Coulomb be liable for any costs related to delay in delivery of the Charging Station.
Customer's sole remedy for any material delay in delivery of the Charging Stations shall be
cancellation of the order.
3. Installation.
(a) Installation of the Charging Stations shall be at Customer's sole cost and expense.
Customer agrees to cause the installation of the Charging Station within forty five (45) days of
its delivery. In the event that the Charging Station has not been installed by the expiration of
such period, CTI reserves the right to reclaim the Charging Station. In the event that
Customer is having trouble arranging for the installation of the Charging Stations, Customer
shall contact CTI so that it can assist Customer in obtaining prompt installation of the
Charging Stations. The Charging Stations are not to be removed from their packaging by any
person other than the Installer. The Charging Station will be installed in the location set
forth in Appendix "A."
4. Warranty/Limitation of Liability. (a) Warranty. The Charging Station is covered by
the terms of CTI's standard, one-year, parts only Warranty (the "Warranty"). A copy of the
Warranty is included with this agreement. All applicable warranties with respect to the
Charging Station are set forth in the Warranty, and are hereby incorporated by reference into
this Agreement.
(b) Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION
4 AND IN THE WARRANTY, CTI MAKES NO WARRANTY WITH RESPECT TO THE PERFORMANCE OF
THE CHARGING STATION, THE CHARGEPOINT NETWORK CORPORATE SERVICE PLAN OR THE
CHARGEPOINT NETWORK, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CTI
EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY THE CHARGING
STATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CTI DOES NOT
WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE CHARGING STATION.
(c) Limitation of Liability. (i) REGARDLESS OF WHETHER ANY REMEDY SET
FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CTI 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 CHARGING STATION, THE
CHARGEPOINT NETWORK, ANY CHARGEPOINT NETWORK SERVICES, OR OTHERWISE OR BASED
ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY YOU NOT SPECIFICALLY SET FORTH
IN THIS ADDENDUM. BECAUSE SOME STATES OR JURISDICITON DO NOT ALLOW LIMITATION OR
EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY.
Coulomb Technologies, Inc. 9 1692 Dell Ave. * Campbell, CA 95008-6901
181
(ii) YOUR SOLE REMEDY FOR ANY BREACH BY CTI OF ITS OBLIGATIONS OR
WARRANTIES UNDER THIS AGREEMENT SHALL BE LIMITED TO, AT CTI'S OPTION, REPAIR OR
REPLACEMENT OF THE CHARGING STATION.
(d) Warranty Exclusions; Exclusive Remedies. THE REMEDIES CONTAINED IN
SECTION 4 ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AND ARE IN LIEU OF ANY OTHER
RIGHTS OR REMEDIES CUSTOMER MAY HAVE AGAINST CTI WITH RESPECT TO THE PERFORMANCE
OF THE CHARGING STATIONS, THE CHARGEPOINT NETWORK CORPORATE SERVICE PLAN OR THE
CHARGEPOINT NETWORK.
5. Joint Marketing. CTI and Customer shall use reasonable efforts to create a plan for
the use of the Charging Station for marketing purposes. While it is beyond the scope of this
Agreement to determine the exact form of any marketing efforts, it is possible that the
marketing efforts may include, without limitation, one or more of the following activities:
promoting the Charging Station through Customer's internal newsletters; Conducting a public
ribbon cutting celebrating the installation of the Charging Station; Promoting the availability
of the Charging Station, or such other activities as the Parties shall jointly agree.
6. Network Access. As a part of the award, Customer will receive for use with the
Charging Station a free, one-year subscription to the Commercial ChargePoint® Network
Service Plan; provided that, in order to access such plan, Customer must execute a copy of
the CTI Master Services Subscription Agreement. CTI offers various other service plans, as
well as other services, such as billing services, which may be accessed through the
ChargePoint Network. Customer's use of any such service is subject to CTI's standard prices,
terms and conditions.
7. No Amendment or Modification. No modification, amendment or waiver of this
Agreement shall be effective unless in writing and either signed or electronically accepted by
the party against whom the amendment, modification or waiver is to be asserted.
8. Waiver. CTI's failure at any time to require Customer's performance of any obligation
under this Agreement will in no way affect the full right to require such performance at any
time thereafter. CTI's waiver of a breach of any provision of this Agreement will not
constitute a waiver of the provision itself. CTI's failure to exercise any of its rights provided
in this Agreement will not constitute a waiver of such rights. No waiver will be effective
unless in writing and signed by a CTI authorized representative. Any such waiver will be
effective only with respect to the specific instance and for the specific purpose given.
9. Applicable law. This Agreement will be construed, and performance will be
determined, according to the laws of the State of California without reference to such
state's principles of conflicts of law and the state and federal courts of California
shall have exclusive jurisdiction over any claim arising under this Agreement.
10. Waiver of Jury Trial. Customer and CTI each hereby waive any right to jury
trial in connection with any action or litigation arising out of this Agreement.
11. Severability. Except as otherwise specifically provided herein, if any term or
condition of this Agreement or the application thereof to either Customer or CTI will
Coulomb Technologies, Inc. a 1692 Dell Ave. ® Campbell, CA 95008-6901
182
to any extent be determined 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, Customer and CTI or circumstances other than
those as to which it is determined to be invalid or unenforceable, will not be affected
thereby.
12. Assignment. Customer may not assign any of its rights or obligations under this
Agreement, whether by operation of law or otherwise, without the prior written
consent of CTI.
13. 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.
COULOMB TECHNOLOGIES, INC. AWARDEE:
By: By:
(Signature)
Name:
Name:
Title: Title:
Coulomb Technologies, Inc. s 1692 Dell Ave. a Campbell, CA 95008-6901
183
APPENDIX A - CHARGING STATION LOCATION
Station #1—
Coulomb Technologies, Inc. s 1692 Dell Ave. * Campbell, CA 95008-6901
184
Coulomb Purchase Order
I, the undersigned, agree to purchase the following items at the designated prices per the Marketing
Award Agreement Letter dated [ ].
Product Name Product Description Product Code Qty Unit Price Total
Price
CT2101-GPRS- Dual 208/240-30A& 110—15A CT2101C-GPRS- 1 $0.00 $0.00
SIM1-LOCK-CCR Bollard with GPRS, locking LOCK-CCR
holster,and credit card reader
CT2101C-LOCK- Dual 208/240-30A& 110—15A CT2101C-GPRS- 1 $0.00 $0.00
CCR Bollard, locking holster, and LOCK-CCR
credit card reader
Grand
$0.00
Total:
Requested Ship Date: December , 2012_(note, the charging station will need to be installed within
45 days of shipment so make sure you have made arrangements for the install to be completed
consistent with the requested ship date).
Please ship the charging system(s)to the following address:
City of Moorpark
ATTN:Jeremy Laurentowski
799 Moorpark Ave
Moorpark, CA 93021
jlaurentowski @ci.moorpark.ca.us
805-517-6385
Signed:
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185
ATTACHMENT 5
ChargeP#int
by Coulomb Technologies
ChargePoint Networked Charging Stations
CT2100 FAMILY
ChargePoint®Networked Charging Stations, by Coulomb Technologies, offer
municipalities, corporations, fleets, and utilities, high-reliability, plug-in electric vehicle
charging that drivers prefer.The easy-to-use stations provide multiple power options,
integrating aesthetics and ergonomics with sturdy construction—ideal for residential,
commercial and outdoor public applications.
� 3
The CT2100 family of charging stations are dual output stations designed for public
outdoor applications for the North American marketplace.The 7.2 kW output delivers
Level II (208/240 V @ 30 A)charging via a standard SAE J1772"connector and fixed
� / 18-foot cable.The 2 kW output delivers Level 1 (120 V @ 16 A)charging via a standard
NEMA 5-20 receptacle protected behind a locking door. Both outputs can deliver energy
simultaneously.
i r To eliminate energy theft and to enhance safety, drivers access and energize the station
• '^ with a ChargePass''card or contactless credit card.The station's highly visible display
- guides drivers with instructive messages and can be used to display custom advertisement
or greetings for drivers.
Software Application Services
Set pricing and collect fees, provide 24/7 driver assistance, control access, display
advertisements, track usage, and diagnose the station remotely using the growing suite
( f ? of ChargePoint Network on-demand software applications and a web browser.
Smart Card Reader
Provide optional driver billing and custom access control, preventing electricity theft
and enhancing safety,with an integrated standards-based RFID reader that accepts
I i •. v'_; ChargePass cards,contactless credit cards,and Mifare-based transportation cards.
Intelligent Power Control
Ensure power is delivered only when a driver is authorized and the EV cord is properly
i inserted.
Locking Door
Protects power insertion point and retains the EV charging cord to prevent theft during
n- charging.
Vacuum Florescent Display with Multiple Language Support
Display instructive,advertisement,and greeting messages in many languages on the bright,easy-to-read display.
Integrated Fault Detection
• Ground Fault Detection: Integrated ground-fault detection circuitry with auto retry and driver notification.
• Over-Current Detection: Disconnects power to prevent nuisance breaker trips at service panel.Auto retry and driver notification.
• Plug-Out Detection:Algorithm disengages power and notifies the driver when a plug is removed.
Over-the-Air Station Upgrade
Keep charging station current with future and evolving EV needs by upgrading station firmware remotely over-the-air.
Utility Grade Energy Meter
Provide accurate bi-directional energy measurement with integrated power metering circuitry.
Remote Diagnostics and Control Coulomb
Minimize the need for on maintenance with real-time remote alarm monitoring and control. Technologies
Network Interface
Wireless and cellular network interfaces allow seamless inte ration with the ChargePoint Network Coulomb Technologies,inc.
g 1692 Dell Ave.
and ChargePoint Network application services. Campbell,CA 95008-6901 USA
US toll free:.1-877-370-3802
Smart Grid Compatible www.coulombtech.com
www.mychargepomt.net
Enable Time-Of-Use(TOU)pricing and demand response by integrating with Advanced Metering
Infrastructures(AMIs).
Listed by Underwriters Laboratories Inc. C U�. US
LISTED
P/N:73-00100601 Rev.2
186
ChargeP#int
by Coulomb Technologies
Mechanical Drawings
CT2100 FAMILY
BOLLARD (CT2101)
11.79 in
299.5 mm
6.71 in
221.2 mm
50.59 in
1285.0 mm
11.94 in
303.2 mm
12.38 in
314.5 mm
8.43 in 8 in
214 mm 203.1 mm
4
72.73m POLE MOUNT (CT2102) 11.79 in WALL MOUNT (CT2103)
323.4 min mm
11.94 in
303.2 mm \ 12.39 in
314.8 mm \
221.in
221.2 mm 8.71 in
221.2 mm
8.4 mm
43 in
2 8.43 in
214..
29.80 in a r,
757.0 mm 29.8 in
757.0 mm
417j.72in 0 18.06 in 15.35 in 458.6 mm 18.06 in 390 mm k
458.6 mm
.193 in
4.9 mm 8 in 2.49 in
203.1 mm 8.58 in 63.3 mm
218 mm I
Listed by Underwriters Laboratories Inc. C UL US
LISTED
187
ChargeP# int
by Coulomb Technologies
Specifications
CT2100 FAMILY
Level ] Level II
Electrical Input
Input Power 2.0 kW 7.2 kW
Input Voltage 120 VAC 208/240 VAC
Input Current 16A 30 A
Input Power Connections Line, Neutrat, Earth Line 1, Line 2, Earth
Required Service Panel Breaker 20 A single pole breaker(non-GFCI type)on 40 A double pole breaker(non-GFCI type)on
dedicated circuit dedicated circuit
Standby Power 5 W typical
Electrical Output
Output Charging Power 2.0 kW 7.2 kW
Output Voltage 120 VAC 208/240 VAC
Output Current 16A 30A
Output Charging Connector NEMA 5-20 receptacle SAE J17721 EV connector on 18'(5.48 m)cable
Functional interfaces
Card Reader ISO 15693, 14443
Ground Fault Detection 5 mA CCID with auto retry(15 minute delay, 3 tries) 20 mA CCID with auto retry(15 minute delay, 3 tries)
Plug-Out Detection Programmable arm and trip current thresholds Power terminated per SAE J17721 specification
Power Measurement 2%@ 15 minute intervals
Local Area Network 2.4 GHz 802.15.4 dynamic network
Wide Area Network Commercial CDMA or GPRS cellular data network
Safety and Operational Ratings
Safety Compliance UL Listed for USA and cUL certified for Canada;Complies with UL 2594, UL 2231-1,UL 2231-2, UL 1998,
UL 991, NEC Article 625
Surge Protection 6 kV @ 3,000 A. In geographic areas subject to frequent thunderstorms, supplemental surge protection is
recommended.
EMC Compliance FCC Part 15 Class A
Operating Temperature -227 to 1227(-30°C to+50°C)
Operating Humidity 95%non-condensing
Enclosure NEMA 3R
Terminal Block Temperature Rating 212° F(100°C)
Maximum Charging Stations per 24. Each station must be within 150 feet"line of sight"of one gateway station.
802.15.4 Radio Group
Approximate Shipping Weights Bollard(CT2101)77 lbs(34 kg)
Pole Mount(CT2102)52 lbs(23 kg)
Wall Mount(CT2103)55 lbs(25 kg)
Coulomb Technologies,Inc.reserves the right to alter product offerings and specifications at any time without notice,and is not responsible for typographical or graphical errors that may appear in this document.
Listed by Underwriters Laboratories Inc. C @ us
LISTED
188
ChargeP#int
by Coulomb Technologies
Ordering Information
CT2100 FAMILY
BOLLARD (CT2101) POLE MOUNT(CT2102) WALL MOUNT (CT2103)
gt
l..
.l
f lx (
4.
Ordering Information Order Code Examples
Specify model number followed by the applicable cadets).The order
If ordering this The order code would be
code sequence is:
Model-Modem-SIM-Holster-Card Reader-Warranty Pole Mount CT2102
Option Order Code Bollard Mount with CDMA CT2101-CDMA
Model Gateway
Bollard Mount CT2101
Pole Mount CT2102 Bollard Mount with GPRS CT21 01-GPRS-SIM2
Watt Mount CT2103 Gateway and Canada GPRS SIM
Modem
Wall Mount with USA GPRS
Integral CDMA ChargePoint Gateway Modem -CDMA Gateway, Contactless Credit
CT2103 GPRS SIM1-CCR EWSGW
Integral GPRS ChargePoint Gateway Modem -GPRS Card Reader and 5 year
SIM extended parts warranty
USA GPRS SIM -SIM1
Canada GPRS SIM -SIM2
Holster r
Locking Holster -LOCK For pricing and additional product
Card Reader information, contact the distributor in your
Contactless Credit Card Reader -CCR area. For a complete list of distributors, go to
Warranty www.coutombtech.com and click Purchase.
5 Year Parts Only Extended Warranty -EW5
5 Year Parts Only Extended Warranty-Gateway -EW5GW
Coulomb Technologies, Inc. - 1692 Dell Ave. -Campbell, CA 95008-6901 USA
408.841.4500-877.370.3802-info @coutombtech.com
www.coulombtech.com-www.mychargepoint.net U
Listed by Underwriters Laboratories Inc. C US
LISTED
Copyright CD 2010 Coulomb Technologies,Inc.All rights reserved.CHARGEPOINT is a U.S.registered trademark/service mark,and an EU registered logo mark of Coulomb Technologies,Inc.All other product or
services mentioned are the trademarks,service marks,registered trademarks or registered service marks of their respective owners.Coulomb Technologies has several patent applications filed. 1 8