HomeMy WebLinkAboutCONSENT ILA re PUD easement for EV station JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Shawn Frederick, Central Services Director
DATE: November 3,2025
RE: Interlocal Agreement (ILA)with Jefferson County PUD No. 1 for
Utility Easement
STATEMENT OF ISSUE: A utility easement is needed at the Tri-Area Community Center
to complete the installation of three L3 Electric Vehicle chargers at the site. This is required to
fulfill the requirements of the existing Site Host Agreement with EVCS.
ANALYSIS: In March, 2025, the Board of County Commissioners adopted an amendment to
an existing site host agreement with EVCS to install Electric Vehicle Charging Stations at the
Tri-Area Community Center. This was part of a state grant from the WSDOT ZEVIP 2023
program. After initial review by the Public Attorney's Office, it was determined that an ILA
with Public Utility District No. 1 was necessary to grant the easement. The ILA language was
reviewed by PUD's legal team. If approved by the Board of County Commissioners, the ILA
will be presented to PUD Board of Commissioners for full execution. Once fully executed,
staff request authorization to complete the easement process which involves notarizing and
filing the easement documents. This will allow the project to move forward to completion.
FISCAL IMPACT: N/A
RECOMMENDATION: Approve the ILA with Jefferson County Public Utility District No.
1 authorizing a utility easement to be completed by the Central Services Director at the Tri-
Area Community Center to support the installation of Electric Vehicle Charging Stations.
REVIEWED BY:
C
� 17 (0 3
Jos Peters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Jefferson County Public Utility District No. 1 Contract No: CSD 251029
Contract For: Utility Easement Term: n/a
COUNTY DEPARTMENT: Central Services
Contact Person: Shawn Frederick
Contact Phone: 360-385-9362
Contact email: srrederick@co.jefferson.wa.us
AMOUNT: n/a PROCESS: Exempt from Bid Process
Revenue: n/a Cooperative Purchase
Expenditure: n/a .— Competitive Sealed Bid
Matching Funds Required: n/a Small Works Roster
Sources(s)of Matching Funds n/a Vendor List Bid
Fund# ._ RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO NCE WIT CC 55.08 AND CHAPTER 42.23 RCW.
CERTIFIED: N/A:a
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT N DEBA RED ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: IT N/A: ID
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 10/30/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 10/30/2025.
ILA and easement prepared with the assistance of the PAO.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
INTERLOCAL AGREEMENT
BETWEEN JEFFERSON COUNTY AND
JEFFERSON COUNTY PUBLIC UTILITIES DISTRICT NO. 1
This Interlocal Agreement ("this Agreement") between Jefferson County ("the County"),
a political subdivision under the laws of the State of Washington, and Jefferson County Public
Utilities District No. 1 ("the PUD"), a Washington municipal corporation, collectively ("the
Parties"), is entered into in accordance with chapter 39.34 RCW(Interlocal Cooperation Act) and
in consideration of the terms and conditions contained herein, or attached and incorporated and
made a part hereof, the Parties, through their respective legislative bodies, do hereby agree as
follows:
WHEREAS, the governing bodies of each of the Parties have determined to enter into
their Agreement as authorized and provided for in chapter 39.34 RCW (Interlocal Cooperation
Act); and
WHEREAS, the County owns the real property known as Jefferson County Assessor's
Tax Parcel No. 901113015 ("the Tri-Area Community Center"); and
WHEREAS,the County entered into a Site Host Agreement("the Site Host Agreement")
with EV Charging Solutions, Inc., a California Corporation ("EVCS") dated April 17, 2024, and
subsequently amended through Amendment No. 1 ("the Amendment") dated March 11, 2025 to
allow the construction, operation, and/or maintenance of one Level II Charging station, and three
Level III DC Fast Charging stations ("the Equipment") at the Tri-Area Community Center
property; and
WHEREAS, pursuant to the Site Host Agreement, in consideration of EVCS
constructing, operating, and maintaining the Equipment at the Tri-Area Community Center, the
County will receive from it a share of the electricity sold to EVCS customers utilizing the DCFC
Equipment and a share of the electricity sold to customers utilizing the Level II Equipment; and
WHEREAS, under the Site Host Agreement, EVCS, at its sole discretion, has the right
to own the electricity service meter or utility service account servicing the Equipment; and
WHEREAS, the Site Host Agreement contemplates the County executing an easement
agreement upon the request of EVCS or the applicable utility service provider; and
WHEREAS, as the applicable utility service provider, the PUD notified the County that
the Site Host Agreement project requires an easement for the electric facilities, including but not
limited to vaults, transformers, electric conductors, to be installed at the Tri-Area Community
Center, all of which are to be paid for by EVCS; and
NOW, THEREFORE,the Parties have entered into this Agreement in consideration of
the mutual benefits to be derived and to coordinate their efforts through the structure provided by
the Interlocal Cooperation Act.
1. PURPOSE. The purpose of this Agreement is to authorize the execution of an
easement for the installation and continued operation, maintenance, repair, and replacement of
Page 1 of 6
electric facilities needed to comply with the Amended Site Host Agreement, a copy of which is
attached as Attachment A.
2. EASEMENT. The Parties agree to execute an easement in substantially the same
form as Attachment B. The easement shall be at no cost to the PUD. The easement shall run with
the land and shall be binding on the Parties, their successors, and assigns.
3. PAYMENT FOR UTILITIES FOR OPERATION OF THE EQUIPMENT.
Under the Site Host Agreement, EVCS is responsible for paying 100%of the cost of all equipment
and charges for the electricity associated with the construction, installation and the operation of
the Equipment and the charging of electric vehicles from the Equipment, as required by the Site
Host Agreement. The PUD agrees to accept payment from EVCS for its charges for operation of
the Equipment and the charging of electric vehicles from the Equipment.
4. AUTHORIZATION TO BILL. The PUD is authorized to bill EVCS for electric
costs servicing the Equipment at the Tri-Area Community Center. Service for the Equipment shall
be cut off upon termination of the Site Host Agreement. PUD shall address all notification,billing
statements and delinquent notices to:
EV Charging Solutions
ATTN: Gustavo Occhiuzzo
11800 Clark Street
Arcadia, CA 91006
(866) 300-3827
gustavoo@evcs.com
5. AUTHORIZATION TO SIGN. The persons signing this Agreement on behalf
of the parties represent and warrant that they have authority to sign this document and bind that
party.
6. RECORDING. This Agreement and the fully executed easement shall be recorded
together by the County.
7. EFFECTIVE DATE. This Agreement shall be effective upon the last authorizing
signature affixed hereto and when filed with the county auditor as required by RCW 39.34.040.
8. TERMINATION. Both this Agreement and the easement shall terminate upon
termination of the Site Host Agreement. In addition, either Party may terminate this Agreement
upon sixty (60) days' notice to the other Party.
9. DISPUTES. The parties agree to use their best efforts to prevent and resolve
disputes before they escalate into claims or legal actions. Any legal action shall be initiated in the
Superior Court of the State of Washington for Jefferson County. In the event that either party
commences a court action concerning the enforcement or interpretation of the terms of this
Easement, then the substantially prevailing party in such litigation shall be entitled to recover its
Page 2 of 6
reasonable attorney fees and litigation expenses. The parties agree that all questions shall be
resolved by application of Washington law and that the parties have the right of appeal from such
decisions of the Superior Court in accordance with the laws of the State of Washington.
10. SEVERABILITY. Any provision of this Agreement held to be prohibited or
unenforceable shall be ineffective only to the extent of such prohibition or unenforceability,
without invalidating the remaining provisions or affecting the validity or enforcement of such
provisions.
11. MODIFICATION OF THIS AGREEMENT. This Agreement may be amended
or supplemented only by a writing signed by duly authorized representatives of all the Parties.
12. ATTACHMENTS. Any document in this Agreement identified as an attachment
is part of this Agreement and is incorporated by reference into this Agreement.
(SIGNATURES FOLLOW ON NEXT PAGE)
Page 3 of 6
JEFFERSON COUNTY WASHINGTON JEFFERSON COUNTY PUD NO. I
Board of County Commissioners Board of Commissioners
Jefferson County, Washington Public Utility District No. 1
of Jefferson County
By:
Heidi Eisenhour, Chair Date By:
Jeff Randall, President Date
By:
Heather Dudley-Nollette, Commissioner Date By:
Dan Toepper, Vice President Date
By:
Greg Brotherton, Commissioner Date By:
Kenneth Collins, Secretary Date
SEAL:
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to orm only:
/7)7? for 10/30/2025
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 4 of 6
Recording Data(for Recorders Use Only)
After Recording Return to:
JEFFERSON COUNTY PUD No.1
310 FOUR CORNERS ROAD
PORT TOWNSEND WA 98368
UTILITY EASEMENT
Page 1 of 3
GRANTORS:JEFFERSON COUNTY
GRANTEE:JEFFERSON COUNTY PUD NO.1
Tax Parcel#: 901113015
Legal Description:Si i T29 R1W TX NO(W OF CO RD LS S 150')(CHIMACUM PARK)
The Grantors for good and valuable consideration,receipt of which is hereby acknowledged,does
hereby grant and convey to the Grantee its successors,affiliates,assignees,and subsidiaries, an
easement for the installation and continued operation, maintenance, repair, and replacement of
overhead and underground electric transmission and distribution line(s) including appurtenant
below ground, surface mounted and above ground appurtenant facilities, underground and
overhead fiber optic communication line(s),including appurtenant below ground,above ground,
and surface mounted appurtenant facilities, and any of the following related infrastructure
necessary for servicing the equipment outlined in the Site Host Agreement:
• Overhead and/or underground electric transmission and/or distribution line(s)including poles,
guys,anchors,and other appurtenant structures and facilities;
• Overhead and/or fiber optic communication line(s),including poles,guys,anchors,and other
appurtenant facilities;
• Wireless facilities installed to support necessary public services (such as electrical
transmission, utility distribution, cable television, intemet access, wireless personal
communications services supplied by wireless service providers,including 911 services)and
public emergency service providers(such as fire,sheriff,EMS,etc.);
• The right to permit joint use of the easement by others for overhead and underground electrical,
telephone,or cable television purposes;and
• The right to place other public utilities including water and septic systems;
and any other appurtenances and apparatus and equipment deemed appropriate, necessary, or
convenient for the distribution of electric energy and current and for the provision of fiber optic or
other communication services for all present and fixture purposes, both public and private, of
Grantee, its successors, affiliates, assignees, and subsidiaries, said easement being AB feet
wide, and feet on each side of said Grantee's facilities as installed, together with the
right of access to said facilities and right to cut,trim,control,and remove trees,brush,and other
obstructions including any trees located on Grantor's property outside the easement which if,in
falling, could in the Grantee's reasonable judgement, be a hazard to the utility facilities place
within the easement and which interfere with the Grantee's proper use of this easement over under
and across the following described property to-wit:
See attached Exhibit"A"—Site Diagram
Note:Said cable and facilities to be installed approximately as shown on attached Exhibit
"A"-Site Diagram
UTILITY EASEMENT—Coot
Page 2 of 3
All facilities installed by Grantee on said lands shall remain its property and may be removed by
it at any time.Grantee,assumes no duty for determining whether trees within the easement may
be a danger to the property owner,his guests,licensees and invitees,or to any adjacent property
owners and /or users and will make no inspections and/or determinations of such dangers and
assumes no duty of care in connection therewith.
If the Grantor places fences and gates across,around or a through a portion of the easement,the
Grantor shall provide the Grantee with a key to access the easement area
Dated this day of ,20_.
Signature of Owners
JNDIVIDUAL ACKNOWLEDGEMENT:
STATE OF
)ss.
COUNTY OF )
On this day personally appeared before me
,to me known to be the individual(s)described in and
who executed the within and foregoing instrument,and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
Given under my hand and seal of office this day of , 20_.
Notary Public in and for the Sate of residing at
My appointment expires:
CORPORATION ACKNOWLEDGEMENT:
STATE OF
)ss.
COUNTY OF
On this day of ,20 personally appeared to me
known to be the of the corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said
corporation,for the uses and purposes therein mentioned,and on oath stated that he/she/they was authorized
to execute said instrument and that the seal affixed is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Notary Public in and for the Sate of residing at
My appointment expires:
UTILITY EASEMENT—Cont.
Page 3 of 3
EXHIBIT"A"
Site Diagram
Disclaimer: This drawing depicts the approximate routing of the Jefferson County PUD and facilities as agreed to
herein by Grantor(s). This drawing is for reference purposes only, and is not suitable for determining the exact
location of said easement or its position relative to property boundaries,corners,or public and private rights-of-way.
The actual centerline of said easement shall be the installed cable and facilities. Specific on-site location and
demarcation of the installed underground power facilities for survey, land title, excavation, construction or other
purposes which may affect the Grantees use of this easement shall be made by Jefferson County PUD personnel.
901113015
131
Transformer-
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Shawn Frederick, Central Services Director
DATE: March lb, 2025
RE: Site Host Agreement Amendment with EVCS
STATEMENT OF ISSUE: EVCS has determined that the Port Townsend Community
Center electric vehicle charging station site is "unbuildable."
ANALYSIS: In April 2024, Jefferson County entered into a site host agreement with EV
Charging Solutions to install and operate four DCFC Stations and one Level II Charging
stations at the Port Townsend Community Center. EVCS has determined that the site project
unbuildable due to the historical building designation of the building requires additional public
process, the proposed locations for installation is the city ROW requiring City Council
consideration and approval, and that location identified during the site walk likely doesn't
meet ADA requirements. Additionally, PUD expressed concerns to the EVCS Project
Development Team about fitting their equipment in the ground,due to existing utilities in the
surrounding areas.
In May, 2023 a Letter of Intent from the Jefferson County Board of Commissioners, included
four Jefferson County locations for consideration in WSDOT's Zero Emission Vehicle
Partnership Program (ZEVIP) program in 2023. One of the locations included was the 'Fri-
Area Community Center. While it was ultimately removed from the application, Jefferson
County included its Tri-Area Community Center site on an application for WAEVCS grant
funding through the Dept. of Commerce, which was submitted December 1, 2023.
Unfortunately, the site fell short of the Dept. of Commerce's scoring criteria and was again not
selected for funding.
With the County's Port Townsend Community Center site being determined to be unbuildable,
Jefferson County has an opportunity to re-allocate the ZEVIP 2023 funded equipment to the
Tri-Area Community Center site.
FISCAL IMPACT:
This electric vehicle charging infrastructure and installation will be paid for by a state grant
from the WSDOTZEVIP 2023 program. The Site Host agreement provides for a revenue
share to Jefferson County of$0.05 i kWh purchased by users of the DCFC charging stations
and $0.03 /kWh purchased by users of the Level II charging station, revenue will be received
by the General Fund. This Agreement is at no cost to Jefferson County.
RECOMMENDATION: Staff recommends approval of the site host agreement amendment
re-allocating ZEVIP 2023 funded equipment to the Tri-Area Community Center site.
REVIEWED BY:
Mark McCaule ount Administrator
y st ator to
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: EVCS Contract No: CSD 250002
Contract For: Site Host Agreement Amendment Term: 10 years
COUNTY DEPARTMENT: Central Services
Contact Person: Shawn Frederick
Contact Phone: 360-385-9362
Contact email: sfrederickCcoiefferson.wa.us
AMOUNT: Na PROCESS: Exempt from Bid Process
Revenue: n/a Cooperative Purchase
Expenditure: n/a Competitive Sealed Bid
Matching Funds Required: n/a Small Works Roster
Sources(s)of Matching Funds _ Vendor List Bid
Fund # RFP or RI•Q
Munis Org/Obj Other:____
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COWL ANCI. WIT JCC3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: D■ N/A:n
Signature (Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT PEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: D N/A: El - /..ZU .1",—
-Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 2/28/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 3/6/2025.
ZEVIP grant funding this project. PAO hasn't reviewed the grant agreement.
Don't know if County has exposure under the grant agreement with this
amendment. Per email from Shawn Frederick EVCS is effectively the grant
recipient and funding does not pass through the County. Risk Management
decision.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
Site [lost Agreement—Jefferson County Amendment No.
This Amendment No. 1 (this "Amendment") is entered into by and among EV
Charging Solutions.Inc.,a California corporation, ("EVCS"),and Jefferson County,a
Washington local governmental entity("Site Host"and"Property Owner")for the
purpose of amending that certain Site Host Agreement dated April 17, 2024 (the
"Agreement").Capitalized terms used in this Amendment that are not defined herein
shall have the meanings ascribed to them in the Agreement.
This county-owned property, known as the Port Townsend Community Center site, is
determined to be unbuildabte and infeasible for EV charging, under the terms and requirements
of WSDOT's ZEVIP 2023 program.
The purpose of this Amendment is to remove references to the Port Townsend Community
Center site, located at 620 Tyler St., in Port Townsend, from the third WHEREAS of the
Agreement on page 1, and from Exhibit B.
Additionally,the purpose of this Amendment is to add the following county-owned property
for the installation and provision of publicly accessible DC fast charging, funded by WSDOT's
ZEVIP 2023 program:
1. An update of Site Host's Jefferson County property included under Exhibit B of
the April 17, 2024 Agreement shall add the Tri-Area Community Center site,
located at 10 W Valley Rd Chimacum, WA. 98325 (the"Tri-Area Community
Center Property").
Accordingly, the Parties agree as follows:
1. Jefferson County's Tri-Area Community Center property is hereby included in the
"Property" and/or"Site",and the Port Townsend Community Center Property is
hereby excluded. The Tri-Area Community Center property is listed in revised Exhibit
B "Project Site Info"of the Agreement attached hereto. A site sketch, showing
proposed charger locations,will be added to Exhibit B following a site walks,
outreach to JPUD and design conversations with Jefferson County staff project point
of contact. The final installation location of charging equipment must be agreed to by
both Jefferson County and EVCS. Jefferson County will have final approval of site
design.
EV Charging Solutions 111800 Clark St.Arcadia, CA 91006 I P 323.400-EVCS(3827)( www.cyZaill
U
2. The Parties agree the proposed chargers to be installed at the Tri-Area
Community Center site described in Exhibit A shall be unchanged.
3. The Site Host Primary Contact information shall be updated to reflect the
current Central Services Director, Shawn Frederick. Phone: 360-385-9362,
and email: sfrederick@co.jefferson.wa.us
4. All other terms and conditions of the Agreement shall remain in full force and effect.
This Amendment, effective as of the date last written below, is executed by the persons
signing below who warrant that they have the authority to sign on behalf of EVCS and
Site Host.
In Witness whereof, the parties have read and understand this Amendment No. 1, and by
their signatures below, agree to the terms.
EV Charging Solutions 111800 Clark St.Arcadia,CA 91006 I P 323.400-EVCS(3827)1 vyfw,e
2
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EVCS _............/.0000/..°'
By:
Printed Name: Gustavo Occhiuzzo
Title: CEO
Date: 03/11/2025
SITE HOST
Jefferson County
Boa . • Commissioners
By: /10L,5
'e •i Eisenhour.Chair to
C
SEAL: ���
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i.BFAL;�
ATT ' T: CIF WAgH ,
-I-4..4,A . 146126
I v' .C yn Ga lawny,CMC Date
Clerk of the Board /
Approved as to forty only:
fir 03/06/2025
flip C. I unsucker Date
Chief Civil Deputy Prosecuting Attorney
EV Charging Solutions 111800 Clark St.Arcadia,CA 91006 I P 323.400-EVCS(3827))www.ems,wm
3
FVCS
Stay Charged
EXHIBIT A—Electric Vehicle ChartPmE Station Equipment Specifications
The Tri-Area Community Center property shall include;
• 150 kW DC Fast Charger(4) —Noodoe 150P DCFC or equal. Each fast charger will have two
ports. The default port will be SAE CCS 1. One port at each site will be CHAdeMO. Each site
will also provide capability to enable a NACS port or a Tesla adapter.
• 7.6 kW Level 2 EVSE(1)—Noodoe AC7LC and or equal
3
(1.0
FVCS
Si:rle, Cnargati
noodos
Width Depth
B00 mm 650 moth
l:1 j
fail
1
. .4Mei�t
1900 mm .
SPECIFICATIONS
Cloud service Noodoe EV OS
Marrinrnn output power 150 kW
Output power CCS2 200 A 0150-500 Vdc or 157 A 0950 Vdc
CHAdeMO 120 A el53. 500 Vdc
Vehicle connector CCS2.CHAdeAAO
char¢tg cable length 4 m
Input power 3-Wiese,5-wire,380-415 Vac,276 A maximum
Grounding system TN,TT,fT
Efficiency i 94%
Power factor >0.99
Dteplay 7 inch LCD
Cornmunwcauon prosocol OCPP 1 6 JSON
Venicie corm nari:atrrwi interface ISO 15118
Network connectivity Ethernet,W1-F1 4G Noodoe EV OS
REID REID ISO/IEC 14443 A/8
CIIngress protectioo(IP1 IP55 a rti
Impact protection I1(10 - • . -I.."
Electrical protection Over vottnge protection,over Current protection, K.c.
tr
over pourer protection,over temperature praectrcxy
under roftape protection,surge protect on device. NooOOe Corp
tgNo1+11,
insulation monitoring device.snort circuit protection Sax/long Road
Operetsg temperature •30'C to+50'C Nripinq Ova.t
tip.Cry11501
Dimensions 800(W)x 1900(H)r 650(D)mm Timor
Weight 450 kg .A®6 2 7722 oen
ilioamodw Ccm
Certifications CE.RED noon.corn
4
`:/
noodoe
Width Depth
7.6in/192mm 31 in'79mm
Height .11
11 1 In 1281 rttrr
•
SPECIFICATIONS
Cloud service Noodoe EV OS
Maximum output power 7.6 kW
Output power 32 A)208-240 Vac.1-phase
Vehicle connector SAE J11)2
Charging cable length 25 feet!7.6 m
Input power 1•phase,3-wire,208-240 Vac,32 A maximum
Grounding system TN,T T
Efficiency >99%
Power factor >0.99
Display LED indicator,OLED,20 characters,2 lines
Communication protocol OCPP 1 6 JSON
Network connectivity Wi-Fi,4G
RFID RF10 150/IEC 14443 A/8,ISO 15693
NEMA enclosures(NEMA) NEMA 4 Noodoe EV US
Impact protection IK10 T,z
Electrical protection Over voltage protection,under voltage protection, '‘r
surge protection.ground fault protection,
residual current device,short circuit protection, r
over current protection,over temperature protection
abide.IOC
Operating temperature -22'F to +122'F/-30'C to+50'C 4496 Rms."-,-
Dimensions 7.6(W)x 11 1(H)x 3 1(0)in 'Aids as
192(W)x 263(H)x 79(D)mr' JrrawlSatt9
Weight 11 Ibs/5 Kg -?Jr`'se'''1d24
of awMx:do
Certifications UL,FCC,Energy Star +xdo' ,m
5
(LIO.)
F-V(.-)
EXHIBIT B—Project Sites
Tri-Area Community Center in Chimacum
10 W Valley Rd., Chimacum, WA. 98325
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Tn-Area
Community Center
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13 0 Nutrition Program
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�. ifer
., , , k_W Valley Rd �;.
Proposed installation location, highlighted in blue,pending site walk and discussion with county staff
6
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SITE HOST AGREEMENT
This Site Host Agreement(hereafter the "Agreement") is effective as of April 17, 2024
(hereafter the "Effective Date") by and between EV Charging Solutions, Inc., a California
corporation with its principle at 11800 Clark Street, Arcadia, California 01006 (hereafter
"EVCS"), and Jefferson Count with its principal place of business located at 1820 Jefferson
St.. Port Townsend. WA 98368 (hereafter Site Host"), EVCS and Site Host may collectively
be referred to herein as the "Parties"or individually as "Party."
RECITALS
WHEREAS, EVCS has access to public and/or private funding to install and operate Level II
Charging and/or Direct Current East Charging ("DCFC") stations used for charging and/or
recharging electric vehicles(hereafter the "Equipment");and
WHEREAS, this funding is intended to improve the availability and reliability of electric vehicle
charging systems; and
WHEREAS, Site [lost wishes to allow the construction,operation, and/or maintenance of one or
more items of Equipment on its real property (hereafter"Property" and/or"Site") in the location
more specifically identified herein as the Project Site: Port Townsend Community Center located
at 620 Tyler St.. in Port Townsend, and also wishes to allow public use of the Equipment; and
WHEREAS, the Parties wish to collaborate by utilizing their respective resources to promote the
electric transportation sector; and
WHEREAS, the Parties wish to share the revenue realized from the sale of electricity stemming
from the utilization of the Equipment on the Property as more fully described below; and
WHEREAS, the Parties desire that this Agreement shall remain in effect,subject to the terms and
conditions set forth below, for ten (10) years after the commissioning date (i.e., date when the
Equipment is placed in service on the Property):
NOW, THEREFORE, in consideration of the promises set forth herein. and for other good and
valuable consideration. the receipt and adequacy of which is hereby acknowledged, EVCS and
Site (lost agree as follows:
I. Recitals
The Parties agree that the foregoing Recitals are true,correct, and accurate.
2. EVCS' General Obligations fur Equipment and Services
EV Charging solutions 111800 Clark St.Arcadia,CA 91006 I P 323.400-EVCS(3827)1 :00w4.ev•„:,u+
Page I
of 21
EV Charging
Snlut,nns I 1 1 Rrtn
F.VCS shall provide the ti llowing equipment and services at FATS sole expense:
a) Purchase of the Equipment (consisting of 4 DCFC Stations and
1 Level II Stations), the general specifications for which are detailed in Exhibit
A together with all other mechanical,electrical,and physical components necessary
for the installation,connection, and operation of the Equipment in accordance with
this Agreement(the Parties agree that the Equipment delivered to the Property shall
he the same or similar to the equipment detailed in Exhibit A);
h) Preparation of the Property and installation of the Equipment at the location(s)
approved. specified and identified by Site I lost(the"Project Site")and performed
by qualified and licensed contractors) in accordance with local codes, permitting,
and inspection requirements,as detailed in Exhibit B. Fur the purposes of initially
creating a rebate application and reserving funding for the Project. h.V('S and Site
I lost may mutually agree to leave Exhibit B blank upon initial execution. Once
funding is reserved and further feasibility and recommendations are made by
FVC S' electrical contractor in accordance with Site I lost's written approval, the
Parties shall further specify the approved locations) and Site design by mutual
written agreement on Exhibit B;
c) Payment of all costs of its contractors associated with the delivery. site preparation,
installation. and setup of the Equipment at the Project Site:
d) In E:V('S' sole discretion. design. installation. wiring. connection and integration
of the charging system, consumption/use meters, and related equipment into the
public power grid in a manner sufficient to allow operation of the charging
stations)and the ongoing metering of power usage from each charging port;
e) Ongoing rnaintcnancelrepairs of the Equipment tier the term of the Agreement:
fj All necessary communications, instructions, and network systems to facilitate
public use of the Equipment to charge electric vehicles:
g) Periodic reports to Site Host on the utilisation of the Equipment: and
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3. Site Host General Obligations
Site Host shall undertake the following, at Site Host's sole expense:
a) Provide full, complete and unfettered access to EVCS for the placement,use,and
operation of the Equipment at the Project Site for the full term of this Agreement;
b) Provides the necessary temporary construction access for EVCS and its contractors
for preparation of the Project Site and for installation of the Equipment:
c) Provides necessary ongoing utility easements and/or access for installation, usage.
and maintenance of power lines, conduits, meters and Equipment:
d) Allow full, complete and unfettered ongoing access to the Project Site and
Equipment in order for F.VCS to collect. use.and distribute data;
e) Will not knowingly allow the Equipment to be,and will take all reasonable steps to
prevent the Equipment from being opened, accessed, modified. or repaired by
anyone other than EVCS or its licensed contractors;
f) Will not sell,alienate, hypothecate, transfer,assign, encumber or otherwise pledge
the Equipment;
g) Use best efforts to prevent damage and vandalism of any type to the Equipment:
h) Will not, and will not permit or allow any third party to, open, move, modify,
reverse engineer,or disassemble the whole or any part of the Equipment or any part
thereof in any manner;
i) Will not,and will not permit or allow any third party to: uninstalt the Equipment.
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j) Allow EVCS and its approved contractors full, complete and unfettered access to
the Project Site for installation, maintenance. repair,replacement and approved de-
installation of the Equipment;
k) Cause the Project Site to be maintained in a clean. safe. and orderly condition.
utilizing at least the same standard as to which other areas at the Property that arc
under the Site l loss's control are maintained:
I) Assign to EVCS all right, title and interest in and to all and any rebates that Site
Host may receive relating to the Equipment, and/or this Agreement; including. but
not limited to, (a) rebates or other payments based in whole or in part on the cost or
size of equipment,(h)performance-based incentives paid as periodic payments.
(c)tax credits,grants or benefits,and(d)any other attributes,commodities.revenue
streams or payments. in each of(a) through (d) under any present or future law,
standard or program and whether paid by a utility, private entity or any
governmental, regulatory or administrative authority.
m) Assign EVCS all right, title and interests in and to environmental credits (e.g..
carbon credits) relating to the Equipment, and/or this Agreement; including, but
limited to electric vehicle charging or renewable energy credits or certificates,
carbon credits and any similar environmental or pollution allowances, credits or
reporting rights.
n) Assign EVCS all right, title and interest in and to the enrollment of the Equipment
into a demand response program and any and all economic benefit arising from
such an enrollment. If demand response program benefits credits the Site Host
utility bill. the utility bill credit will he used to offset cost of electricity described
in paragraph 4 and subchapter d(4.d.)and demand charges described in paragraph
4 and subchapter a(4.c.)and lithe demand response credits are in excess of demand
charges and cost of electricity, E.VC'S can request Site (lost for reimbursement of
such excess. The Site Host agrees to issue such a reimbursement within thirty (30)
days of request by EVCS.
o) Promptly execute the Easement Agreement upon the request of EVCS or the
applicable utility service provider. It' the Site Host fails or refuses promptly to
execute and return such Easement Agreement. whether due to Site Host's
incapacity or any other cause. Site Host hereby irrei.oeahly designates and appoints
EVCS, and its duly authorised officers and agents, as Site Host's agents and
attorneys-in-fact to execute and deliver such document and do all other lawfully
permitted acts to further the easement rights described therein with the same force
and effect as if executed by Site I lost. Site !lost agrees that this appointment of
EVCS as agent and holder of this limited
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power of attorney is durable and coupled with and interest. In the event that such
Easement Agreement is not executed by Site Host as described above, and if such
failure or refusal to execute such agreement blocks or precludes the completion of
installation of the Equipment on the Project Site despite EVCS' exercise or
attempted exercise of its rights as Site Host's agent and holder of Site I lost's power
of attorney, Site Host agrees that. in addition to all other rights and remedies
available to EVCS hereunder. Site Host shall reimburse F.VCS for all costs incurred
by EVCS in connection with the preparation of the Project Site and/or the
incomplete installation of the Equipment.
p) Shall fully cooperate and promptly communicate with EVCS during the entire time
period required by EVCS to complete the preparation of the Project Site and the
installation of the Equipment. Site!lost understands and acknowledges that EVCS
will expend a significant amount of time, resources and effort to assess the Project
Site, secure funding for the installation of the Equipment. and initiate engineering
and design for the Equipment. Site Host further understands and acknowledges that
the timeframe for completion of the Equipment installation is in part dependent on
third parties, such as utility providers, rebate and permitting authorities and grant
organizations, and thus the amount of time it takes to complete installation of the
Equipment at the Project Site is often outside of EVCS' control. Thus. Site Host
agrees that its cooperation as described above is of'the essence of this Agreement.
and the breach of these provisions shall he a material breach that shall cause
substantial harm to EVCS.
q) Provide EVCS with prompt notified of the sale or transfer of the Project Site,which
notice shall include current contact information of the buyer or transferee.
4. Revenue Sharing
The Parties agree that:
a) I he Equipment installed by EVCS is intended to generate revenue through the
patronage of customers utilizing the Equipment placed with the Site Host.
b) EVCS shall, in its discretion, determine the price/rate at which electricity shall be sold
to consumers utilizing the Equipment.
c) EVCS will collect the proceeds generated from the sale of electricity from the
Equipment placed with the Site I lost and pay Site Ilost$0.05(five cents) for each kWh
of electricity sold to customers utilizing the DCFC' Equipment and$0.03 (three cents)
for each kWh of electricity sold to customers utilizing Level II Equipment. plus 100%
of the cost of electricity utilized by the equipment: in the event the Site Host is
responsible to pay for the cost of such electricity usage. Site Host may, in Site Host's
discretion, offer certain customers free or discounted charging rates. provided.
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however, that EVCS will offset any revenue share amounts owed to Site Host by an
amount proportionate to the reduction in revenue caused by such discounts. In the event
there is a balance owed from Site Host to EVCS as a result of such discounts,Site Host
shall remit payment to settle said balance within ninety(90)days of receipt of a request
for payment from EVCS.
d) En the event Site Host incurs any utility provider assessed incremental demand charges
strictly in connection with the operation of the installed Equipment. Site Host shall
present these charges, including any support and back-up documentation that
substantiates the charges to EVCS. and EVCS shall reimburse Site Host for these
substantiated charges within ninety (q0) days of receipt ofa request for payment from
EVCS.
e) EVCS at its sole option will have the right to own the electricity service meter and/or
utility service account servicing the Equipment.
fl EVCS will use commercially reasonable efforts to install a separate electric meter as
allowed by the utility provider at the Property through which electrical costs shall he
tracked. In the event EVCS deems installing a separate meter is impractical or
uneconomical for any reason, the Equipment shall be connected to Site Host's existing
electrical meter. in order to allow EVCS to perform the necessary revenue sharing
calculations. and reimburse any electrical costs, Site Host will provide EVCS with a
hard copy or electronie/digital copy of Site Host's electricity bills or will allow EVCS
to view the bills electronically on an on-going basis. In the event EVCS is unable to
obtain copies of the electricity hills, or copies are not provided by the Site !lost, then
EVCS. in its sole discretion, may either(i) withhold payment until the electricity hills
are provided, or (ii) calculate the amount of reimbursement for electricity using
information available to F{VCS from the administrative panel (i e. which indicates the
amount of electricity that was dispensed by the charger(s)) and then assign, in its sole
discretion, a per kWh value that will be multiplied by the amount of electricity
dispensed by the charger(s). If EVCS chooses the above second option, then (a) once
such calculation is made l VC'S shall issue reimbursement for electricity based thereon.
and (h) if the Site Host thereafter provides copies of appropriate electricity bills to
EVCS. then EVCS will true up the calculation and issue payment for any resulting
shortfall for the prior 12 months of activity from the date of electricity bills being
submitted to EVCS.
g) EVCS will have forty-live(45)days after the end of each calendar quarter. to remit the
appropriate revenue share payment to Site Host. The billing eycic will begin on the first
day of the quarter and end on the last day of that same calendar quarter. EVCS shall
provide Site Host with a quarterly accounting statement within forty-five (45) days
following the end of the previous quarter indicating the total amount of revenue
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generated, including any offsets or reductions to revenue,and the resulting net revenue
share amount owed to Site Host.
h) Notwithstanding anything to the contrary in this Section 4, if the total quarterly amount
owed to Site Host is less than one hundred dollars($100). then F.VCS may. in its sole
discretion, choose to withhold payment payout to the Site Host until at least one
hundred dollars ($100) is due to Site Host.
i) See Exhibit C for Site Host ACI I payment information. If such information is provided.
EVCS shall make all required payments via ACH direct deposit. until further notice
from Site Host.
S. Term of Agreement:
The term hereof shall begin upon the Effective Date. The date the Equipment becomes
operational will hereafter be referred to as the "Commencement Date." The term hereof
shall expire (unless renewed or extended) ten (10) years from the Commencement Date
(hereafter the "Termination Date"), unless sooner terminated in accordance with the
provisions hereof,
a) Optional Ten (11))Year Extension Option
At least ninety (90)days but no earlier than one hundred& eighty (180)days prior
to the expiration of the initial 'term, EVCS reserves the right to provide written
notice of Ten-Year Extension to Site Host. In the event of said Ten-Year Extension,
EVCS reserves the right to replace the Equipment at the Project Site with
Equipment that is comparable or better to Equipment that was previously installed.
If EVCS notifies the Site 1 test ot'such intent EVCS will then replace the Equipment
no later than one hundred & twenty (120) days after the Termination Date. The
terms of'this Agreement will remain in effect during that 120-day period after the
Termination Date. Site Host will take all reasonable steps to allow EVCS to remove
the pre-existing Equipment and replace the pre-existing Equipment with new
Equipment. EVCS shall bear the cost to remove and replace the pre-existing
Equipment. The removed pre-existing Equipment will then become the exclusive
property of EVCS, It'EVCS elects to replace the Equipment. this will cause the
termination date of the Agreement to extend for an additional ten (10) year term
from the expiration of the initial Term if the existing Equipment is replaced with
new Equipment during or at the conclusion of the original Term. site host grants all
interest to EVCS of any rebate(s)an&or environmental credits associated with the
equipment replacement.
h) Automatic One(I)Year Reness al Clause
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Provided EVCS(or the Parties) have not exercised the fen(10) Year Extension
Option. this agreement will automatically renew at the end of each Term for a
further term of one(1) year unless either party gives the other written notice of
termination at least thirty (30)days but no earlier than ninety(90)day prior to
the end of the relevant term.
e) Early Termination Clause
This Agreement may he terminated upon 30 (thirty) days' written notice to either
party without penalty or fee in the following instances:
In the case of EVCS, at any time and for any reason prior to the submission of the
permit application for construction of the Equipment,at the Project Site.or thereafter
at any time in the event that EVCS determines that the construction or continued
operation of the Equipment is impracticable or uneconomical.
In the case of Site Host, in the event the Commencement Date has not occurred within
eighteen (18) months from issuance ol'the approved utility plan.and required utility
easement, if applicable. provided that Site Host's rights to terminate under this
section shall terminate upon the Commencement Date.
6. Ownership of Equipment and Content
EVCS shall retain title to and ownership of the Equipment. All the information. content.
services and software displayed on, transmitted through, stored within, or otherwise used
in connection with the use and operation of the Equipment, including, hut not limited to
data,text,photographs, images, illustrations, video,html,source and object code,software,
interne account access. advertising. and the like (collectively. the -Content") is owned
exclusively by EVCS. Once this Agreement is terminated EVCS shall remove equipment
at no cost to the Site Host.
7. Installation Activities
EVCS shall, at its sole cost and expense, he responsible for all installation activities
(hereafter"Installation Activities")required to support the operation of the Equipment,and
services therewith, including the hiring and coordination of all vendors and contractors; the
installation of electrical equipment. utility lines, hardware, and software: site preparation.
trenching, repaving, and landscaping.
8. Limitations on Use of Project Site
The Project Site and related parking spaces made available to the Project Site may be used
for providing publicly-accessible electric vehicle charging. Site !lost shall pro),ide EVCS.
its employees and contractors with reasonable access to the parking spaces and Equipment
and shall otherwise provide to I'VC'S the same amenities and services Site Host provides
to other users of Site I lost's parking facilities.
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9. Utility Charges
EVCS shall be responsible for all electricity costs associated with both the operation of'the
Equipment and the charging of electric vehicles from the Equipment. Site Host shall
cooperate with EVCS efforts regarding provision of electricity to the Equipment. Neither
Site Host nor EVCS has any responsibility or liability for interruption,curtailment. failure.
or detect in the supply of utilities furnished to the Equipment.
10. Allocation of Environmental Benefits
Site Host assigns to EVCS any renewable energy credits. allowances. or other indicators
of environmental benefit attributable to the presence of the Equipment for the entirety of
the time the originally installed Equipment is installed at the site but tilt a minimum of ten
(10) years. It'this Agreement extends under paragraph S and subchapter a(5.a.)or renews
under paragraph 5 and subchapter h (5.b.). then paragraph 10 shall continue to remain in
effect through the updated termination date.
11. Signage
EVCS shall have the right to place project-related signage to denote the location of the
Equipment and the services available and may place other signage or advertising at the
Property as EVCS reasonably determines to he practicable or appropriate.
12. Publicity
During the term of this Agreement, neither party will use the other party's name. logos,
trademarks or service marks in any manner without the other party's prior written approval.
which will not he unreasonably withheld or delayed.
13. Media Content
It is agreed that EVCS shall have sole control over the solicitation, contracting, and
distribution of any and all media content relating to the Equipment, including but not
limited to. any media content data transmitted to or from the Equipment and displayed
using the Equipment. FVCS will use commercially reasonable efforts to avoid distributing
media content that actually and directly conflicts with Site Host's media and advertising.
14. Indemnification
a) EVCS shall defend. indemnify and hold the County. its officers. officials. employees.
agents and volunteers (and their marital communities) harmless from any claims.
injuries, damages, losses or suits, including attorneys tees. arising out of or resulting
from the acts. errors or omissions of L:VCS in performance of'thi; Agreement. except
for injuries and damages caused by the sole negligence of the County. Should a court
of competent jurisdiction determine this Agreement is subject to RCW 4.24.1 1 if
liability for damages occurs arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of EVCS and the
County, its officers, officials. employees. agents and volunteers (and their marital
communities) EVCS's liability, including the duty and cost to defend. shall he only for
the EVCS's negligence. It is further specifically understood that the indemnification
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provided constitutes the EVCS's waiver of immunity under Industrial Insurance, Title
51 RCW,solely for the purposes of this indemnification.This waiver has been mutually
negotiated by the parties. This section shall survive the expiration or termination of
this Agreement.
b) Site Host agrees to indemnify LVCS. its officers, board. employees. and agents. and
hold all of same harmless from and against any and all liability and expense of any
kind, including reasonable attorneys' fees. arising from injuries or damages to persons
or property resulting in any way from any act or negligence or willful misconduct of
Site Host. its contractors. agents or employees. It is a condition of this indemnification
provision that Site Host shall receive prompt notice from FVC'S of any claim against
EVCS.
15. Insurance
I Prior to commencing work. EVCS shall obtain at its own cost and expense the following
insurance coverage specified below and shall keep such coverage in !Mee during the terms
of the Agreement.
a. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used
in the performance of the work for a combined single limit of not less than$500.000
each occurrence with the County named as an additional insured in connection with
EVCS's performance of this Agreement. Phis insurance shall indicate on the
certificate of insurance the following coverage:(a) Owned automobiles; (b) Hired
automobiles:and. (3)Non-owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit of
one million dollars ($1.000,000) per occurrence and an aggregate of not less than
two (2)times the occurrence amount (S2.000,000.00 minimum) for bodily injury.
including death and property damage, unless a greater amount is specified in the
contract specifications. The insurance coverage shall contain no limitations on the
scope of the protection provided and include the following minimum coverage:
i. Broad Form Property Damage, with no employee exclusion:
ii. Personal Injury Liability', including extended bodily injury
iii. Broad Form Contractual/Commercial liability - including coverage for
products and completed operations;
iv. Premises -Operations Liability (M&C):
v. Independent Consultants and subcontractors:
vi. Blanket Contractual Liability.
c. [he County shall be named as an "additional named insured" under all insurance
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policies required by this Agreement, except Professional Liability Insurance when
not allowed by the insurer.
d. Such insurance coverage shall he evidenced by one of the following methods: (a)
Certificate of Insurance; or,(b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
e. EVCS shall furnish the County with properly executed certificates of insurance that.
at a minimum,shall include: (a) The limits of overage; (h) [he project name to
which it applies; (Cl The certificate holder as Jefferson County. Washington and
their elected officials,officers, and employees; and,(d) A statement that the
insurance policy shall not he canceled or allowed to expire except on thirty (30)
days prior written notice to the County. It'the proof of insurance or certificate
indicating the County are "additional insureds" to a policy obtained by the EVCS
refers to an endorsement(by number ur name) but does not provide the full text of
that endorsement, then it shall he the obligation of EVCS to obtain the full text of
that endorsement and forward that full text to the County. Certificates of coverage
as required by this section shall be delivered to the County within fifteen (15)days
of execution of this Agreement.
f. Failure of EVCS to take out or maintain any required insurance shall not relieve
EVCS from any liability under the Agreement, nor shall the insurance requirements
be construed to conflict with or otherwise limit the obligations concerning
indemnification of the County.
g. EVCS's insurers shall have no right of recovery or subrogation against the County
(including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies, with the exception of Professional Liability
Insurance, so affected shall protect both parties and he primary coverage for all
losses covered by the above described insurance.
h. Insurance companies issuing the policy or policies shall have no recourse against the
County(including its employees and other agents and agencies) for payment of any
premiums or for assessments under any form of policy.
i. All deductibles in the above described insurance policies shall he assumed by and he
at the sole risk of EVCS.
j. Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of this Agreement by the County. At the option of the
County, the insurer shall reduce or eliminate deductibles or self-insured retention. or
EVCS shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
k. Insurance companies issuing EVCS's insurance policy or policies shall have no
recourse against the County(including its employees and other agents and agencies)
for payment of any premiums or for assessments tinder any form of insurance policy.
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I. Any judgments for which the County may he liable. in excess of insured amounts
required by this Agreement.or any portion thereof, may be withheld from payment
due, or to become due,to EVCS until EVCS shall furnish additional security
covering such judgment as may he determined by the County.
m. Any coverage for third party liability claims provided to the County by a-Risk
Pool"created pursuant to Ch. 48.62 RCW shall he non-contributory with respect to
any policy of insurance EVCS must provide in order to comply with this Agreement.
n. The County may, upon LVCS's failure to comply ‘Aith all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise he due to EVCS.
o. EVCS's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its elected
and appointed officers,officials. employees. and agents.
p. Any failure to comply with reporting provisions oldie insurance policies shall not
affect coverage provided to the County, its officers, officials,employees, or agents.
q. EVCS's insurance shall apply separately to each insured against whom claim is
made or suit is brought. except with respect to the limits of the. insurer's liability.
r. EVCS shall include all subcontractors as insured under its insurance policies or shall
furnish separate certificates and endorsements tier each subcontractor. All insurance
provisions for subcontractors shall he subject to all the requirements stated herein.
s. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they limitations
on indemnification.
t. EVCS shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies,and
endorsements expiring before completion of services shall be promptly replaced.
All the insurance policies required by this Agreement shall provide that thirty(01
days prior to cancellation. suspension, reduction or material change in the policy.
notice of same shall be given to the County.
u. EVCS shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-, with the
exception that excess and umbrella coverage used to meet the requirements fur limits
or liability or gaps in coverage need not he placed with insurers or re-insurers
licensed in the State of Washington.
v. The County reserve the right to request additional insurance on an indiv idual basis for
extra hazardous contracts and specific service agreements.
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16. Breach and Opportunity to Cure
if either party breaches this Agreement and fails to cure such breach within thirty (30)days
after receipt of written notice of that breach, then the non-breaching party may terminate
this Agreement effective as of the end of such thirty(30)day period. Additionally,either
party may terminate this Agreement immediately if the other party(i)ceases to do business
in the ordinary course:or(ii)either voluntarily or involuntarily tiles a bankruptcy petition
which is not vacated within thirty(30)days of filing. No such termination will be deemed
a waiver of any claim for damages by the non-terminating party.
If the Site Host breaches or wrongfully terminates the Agreement prior to the Termination
Date, Site (lost will be required to reimburse EVCS for all costs incurred relating to the
installation of the Equipment within thirty (30)days of receipt of an invoice from EVCS.
The Site Host will also he required to reimburse EVCS for the total amount of any rebates
EVCS would have received relating to the Equipment, and/or this Agreement had the
Agreement not been breached or wrongfully terminated,
17. Limitation of Liability
NO WARRANTY, CONDITION OR REPRESENTATION, EXPRESSED,
IMPLIED, ORAL OR STATUTORY, IS PROVIDED TO THE SITE HOST OR
ANY THIRD PARTY, 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 EQUIPMENT 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 OR HARDWARE SUPPLIED WILL BE
UNINTERRUPTED OR ERROR FREE. THIS DISCLAIMER AND EXCLUSION
SHALL APPLY EVEN IF THE EXPRESS WARRANTY HEREIN FAILS OF ITS
ESSENTIAL PURPOSE. THE SITE HOST'S SOLE AND EXCLUSIVE
REMEDIES HEREUNDER AND THE ONLY LIABILITY OF SITE HOST IS
EXPRESSLY LIMITED TO THE TERMS OF THE AGREEMENT. EVCS SHALL
NOT BE LIABLE TO THE SITE HOST, OR ANY THIRD PARTY, FOR ANY
OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR
INDIRECT COSTS OR DAMAGES, INCLUDING WITHOUT LIMITATION,
LITIGATION COSTS,LOSS OF DATA,LOSS OF PRODUCTION,AND/OR LOSS
OF PROFIT ARISING FROM ANY CAUSE WHATSOEVER, REGARDLESS OF
THE FORM OF THE ACTION,WHETHER IN CONTRACT,TORT(INCLUDING
NEGLIGENCE),STRICT LIABILITY,OR OTHERWISE,EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
FOR PURPOSES OF THIS PROVISION, EVCS INCLUDES EVCS' DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES,
CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY
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CLAIMS FOR DAMAGES BY EITHER PARTY ARISING UNDER OR IN
CONNECTION WITH THIS AGREEMENT SHALL HE LIMI'1'F:D TO ACTUAL
RECOVERIES UNDER SUCH PARTY'S INSURANCE POLICIES.
IS. Disputes
The Parties agree to use their best efforts to prevent and resole disputes before they
escalate into claims or legal actions. Any disputed issue nut resolved pursuant to the terms
of this Agreement shall be submitted in writing within 10 days to the County representative
listed in Section 18., whose joint decision in the matter shall be final, but shall he subject to
judicial review. If either party deems it necessary to institute legal action or proceeding to
enforce any right or obligation under this Agreement, each party in such action shall bear
the cost ot'its own attorney's fees and court costs. Any legal action shall he initiated in the
Superior Court ot'the State of Washington for Jefferson County. The Parties agree that all
questions shall he resolved by application of Washington law and that the parties have the
right of appeal from such decisions of the respective Superior Courts in accordance with
the laws of the State of Washington. h:VC'S hereby consents to the personal jurisdiction of
the Superior Court of the State of Washington for Jefferson County.
19. Public Records Act
Notwithstanding any provisions of this Agreement to the contrary. to the extent any record.
including any electronic, audio. paper or other media, is required to he kept or indexed as a
public record in accordance with the Washington Public Records Act. Chapter 42.56 RC'W
(as may be amended). EVCS agrees to maintain all records constituting public records and
to produce or assist the County in producing such records, within the time frames and
parameters set forth in state law. EVCS further agrees that upon receipt of any written
public record request, EVCS shall, within two business days, notify the County by
providing a copy of the request per the notice provisions of'this Agreement.
20. Notices
All notices and other communications provided hereunder must be in writing and will he
deemed given: (i) on the date of'hand-delivery (ii) on the date when sent by facsimile
(with confirmation of transmission):(iii)on the date when sent by email, with confirmation
of receipt; (iv) the day after sending by a nationally recognized overnight delivery service
(with confirmation of transmission): or (v) 3 days after sending by certified mail (return
receipt requested).
For purposes of this Agreement. addresses for notification. unless changed from time to
time in writing, shall he:
EV Charging Solutions , 11800 Clark St Arcadia,CA 91006 I P 323.400 EVCS(3827), .' w,i e•o/,.rnni
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FOR EVCS:
E V Charging Solutions.Inc.
Attn: Thais Grossi,
Chief Operating Officer Salesperson: l.orric McKay
11800 Clark Street
Arcadia.California 91006
lhai. .1t e%1/4:. i,11 Rebate Program: LEVIP 2023
323.400.F.VCS (3827)
1
SITE HOST: SECONDARYIEMERGENCY CONTACT:
Company: Jefferson County Company: Jet'lrrson County
Attn: Tracy Coleman Attn: Amanda Christofferson
Title:Central Services Director Title: Grant Administrator
Add. 2: Add.
Email: TColemanlcieo.jefferson.wa.us l-;mail: amchristottersoi thco.jefferson wa.us
Phone: 360-385-9171 Phone: 160-385-92 32
21. Successors and Assigns
The covenants, conditions and agreements contained herein shall bind and inure to the
benefit of l'.VCS and Site host and their respective successors and assigns. EVCS may
freely and in its soil discretion assign this Agreement to a third party upon written notice to
Site Host. Site I lost may not assign this Agreement to any third party without prior written
consent of EVCS.
22. Entire Agreement
This Agreement contains all the agreements between the parties hereto and may not he
modified in any manner other than by agreement in writing signed by both the parties hereto
and their successors in interest.
EV Charging Solutions 111800 Clark St.Arcadia,CA 91006 ! P 323.400-EVCS(3827)1 www
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IN WITNESS WHEREOF,this Agreement is executed by both parties,to become effective on
the date last executed.
EVCS
By:.
Printed Name:
Title:
Date:
SITE HOST
Jefferson County, Board of Commissioners
By: W2. •? y`
Kate Dean, Chair Date
SEAL: 4.0. Eas°,
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ATTEST: .
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Carolyn Gallaway,CMC pate
Clerk of the Board
Approved as to form only:
7), Of I((.ilt.i P' Cif 7 r" . 1;'tr
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Philip Hu cker Date
Chief Civil Deputy Prosecuting Attorney
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IN WITNESS WHEREOF,this Agreement is executed by both parties,to become effective on
the date last executed.
EVCS
gacificer
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Printed Name (iiicrav0 Occhiuzzo
Tale: CEO
Date: 4.24_2L)2.1
SITE HOST
Jefferson County, Board of Commissioners
y �
Kate Dean, Chair Date
0FER$G
SEAL:
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ATTEST. 0* '
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Carolyn Gallaway.CMC Odle
Clerk of the Board
Approved as to farm only
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Philip C Htrrttuticer Dace
Chief Civ,i Deputy Prosecuting Attorney
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I\ WITNESS 14.II1'RFa7F, this Aiireement is e\ccutea h, ruth parties. to heconi ettectise on
last executed
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SITE HOST
Jefferson County, Board of Commissioners
By _
Kate Dean,Chair Date
SEAL:
ATTEST
Carolyn Gii!law.ry,Chit:
C.Ierk of,he L;oard
Approved as to form only
April 2 2024
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EXHIBIT A -Electric Vehicle('hareinn Station Equipment Specifications
• 150 kW DC Fast Charger(4) -Noodoe 1501' D('FC' or equal. Each fast charger will have
two ports. The default port will he SAE C'CS I. One port at each site will be CHAdeMO.
Each site will also provide capahility to enable a NACS port or a Tesla adapter.
• 7.6 kW Level 2 EVSE(I)—Noodoe A( 7LC and or equal
nodes
wren DepOI
BOO mm 650 mm
1 _L
1900 men L
tt
rs
SPECIFICATIONS
Clod eervwe N0o0ue F.v c15
Merirtm output pure. '•SO tW
tt,.4.04 powev CCS2 200 A 2150-S(1C vdc a I S7 A/E#50•;dc
(71A/10AG I2D A S150-SOD Vdc
Vol-kick uontector XCS2.CMAdeMO
Owprp able iencoth 4 m
02.1 Rowe, ]t.evter iw+.t• 190-41 S♦a• Art. m�,r
Grandam eTn ern 1N rt,T
Efficiency .34♦
Power facer •0 94
QspleY
1.ot,Vts no.40..n osolocul JCPI'I S/S014
Va,rds con,oaal.caa.n n,e,S.ce 'S.)15•I4
%envoi*co nectiv e', [MINN".F•E I[i Noodoe EV OS
nip 410 ISO,'EC 1444149
npeee prdactan 4,1 :PSS
Impact Ptil eclion :.S 1
Electnr;a.p.Wee,m (her,.o„ege prnlRt:a. �e fUnenl pra,eetltr, ❑' o .
seer pave,of Jlea4x,, .'rnpe,muse Of4G.etv7.�
M•.iv
:rk.er+o4ape porhte.n tam g pr0lectllr1 e •,
.n Whitton'tltritnlnO.kv4:e,tn..l_or.,,t r)IP!JO ....�.V,...
Opetatnp alwn4ttae 70'C 10•50'C :Q•y
Demon%...Otte BM 100•!900 tl• .550 10,.rv,
Igaa,t a;0 .c•n
•Nr•.+nr
CerlYPocatiaw CE.RED •..•.
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Width Depth
1 1 in.• 1'n writ
imumi
Height
'1 21ncr
SPECI Fl CATI ON S
Cloud service Noottc.?E •1S
Maximum output power
Output power 12 A ,:i!2C8-24,1 Vv. 1
Vehicle connector SAE J1172
Charging cable length 21.,feet ?a rtt
Input power ist. to,1--,t4(1 ;• r-
Grounding system T
Efficiency
Power factor ,
Display t ED'mile,4:0 OLEL 2f)crho,ri'e 3 Irles
Communication protocol 11CP0 iSON
Network connectivity
RFID 411 IC 1,-, E 114.3 A 1.? -5"
NEMA enclosures(NEMA) r4FM.
Impact protection li i , Elkw41:1
Electrical protection .004,21,e• 'Ile .,It 4ye
prottc.cr :••,' 1
10
I• 'iJCs I;I
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Operating temperature 22 '1 ; '•:.•G
Dimensions 114:,/•1 I
!;';'•Ar I 24 -I,r %•J •
Weight ii Its '5,
Certifications IA_
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EXHIBIT 11-Protect Site Info
Project Site: Port Townsend Community Center located at 620 Tyler St., in Port Townsend, WA
Utility/Electric Provider:Jefferson County Public Utility District
Electric Provider Acct. #: Not provided
Total Estimated Parking Spaces: 41 Estimated Number of ADA Spaces: 0
Other:
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f:Xlttt3l'f C-Site Host Rankine Information (for A('II 1'avment
Purposes)
Name on Account: Jefferson County
Name of Bank: 1" Security Bank
Bank Account Number: 105000007733
Bank Routing Number: 325-182-289
EV Charging Solutions 111800 Clark St.Arcadia,
CA 91006 I P 323.400-EVCS(3827)1 www,vcs con,
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May 8, 2023
EV Charging Solutions,Inc.(EVCS)
11800 Clark Street
Arcadia,CA 91006
RE: DC Fast Charging Stations Letter of Intent
Dear Mr. Vishnevsky,
I he Board ofCommissioners of Jefferson Count). Washington appreciates the opportunity to include tour
Jefferson County locations in your larger grant application for Washington State Department of Transportation's
(WSDOT)Zero Emission Vehicle Partnership Program(ZEVIP)funding to install and maintain publicly-available.
direct-current fast charging stations for electric vehicles at or adjacent to:
• Tri-Area Community Center(10 W Valley Rd..Chimacum, WA 98325)
• Port Townsend Community Center(620 Tyler St . Port Townsend, WA 98368)
• Olympic Peninsula Gateway Visitors Center(93 Beaver Valley Rd Port Ludlow, WA 98365)
• Jefferson County Courthouse Park(1820 Jefferson St. Port Townsend, WA 98368)
As the market share of electric vehicles increases, we see a good value in providing this charging amenity for our
customers,tenants and visitors.
We understand that the installation and maintenance of these charging stations is dependent upon the award of
funding through the WSDOT LEV I P program or other grants, as well as the execution of a site host agreement
between our two parties.
Our understanding is that EVCS and its grant partners will he responsible for submitting the ZEVIP applications.
Our role in the application process will he fulfilled through this letter of intent and by providing access to our sites
for the EVCS site development team.
If funds are awarded,we understand that no capital or operating costs will be required from Jefferson County for
the completion of these charging station installations or the maintenance of the chargers. We further understand
that EVCS will provide a revenue share of five cents per kilowatt-hour sold at these charging stations to our
company as compensation for the dedicated use of four to ten parking spots and space for the electrical switchgear
and equipment.
This final site host agreement will contain exhibits which will describe the specific equipment. locations,and
design of these charging stations,and will be approved by our legislative body before permitting is initiated.
Please consider this letter as our intent to he the host of sites for EVCS owned and operated fast-charging stations
and our intent to enter into a site host agreement within-thirty days of the project funding pending successful
negotiation of agreement terms by both parties.
Sincerely,
Excused Absence '
Kate Dean, District No. I I leidi Eisenhour. District No. 2 ' •g co tut. Chair. District No. 3
, ,i, •, .;, t . ( , i• .-
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Chris Goy,Central Services Director
DATE: May 8,2023
RE: Letter of Intent—ZEVIP Electric Vehicle Charging Stations
Funding Opportunity
STATEMENT OF ISSUE: fhe Washington State Department of Transportation(WSDOT)
is conducting an open competitive grant solicitation for the installation of electric vehicle
direct-current fast charging stations at publicly accessible sites along priority State Route
corridors across Washington entitled the Zero Emission Vehicle Infrastructure Program
(ZEVIP). Governmental entities are required to apply alongside a private sector partner. Four
viable County-owned properties have been identified at this time.
ANALYSIS: In order to proceed with obtaining assistance from a grant aggregator(Cyan
Strategies)to apply for the ZEVIP grant and secure an exemplary private sector partner,the
grant aggregator has requested a letter of intent from the Jefferson County Board of
Commissioners for their support of those actions. Cyan Strategies has helped its clients win
over 95 percent of all ZEVIP awards and last funding round,all initial awards went to Cyan
Strategies'clients. Cyan Strategies is already underway with another project through the City
of Port Townsend for direct-current fast charging stations at the Jefferson County Chamber of
Commerce offices. Electric Vehicle Charging Stations(EVCS) is Cyan Strategies'
recommended private partner. Currently operating 173 electric vehicle charging stations
nationwide, 252 DC fast chargers, and dozens of locations in the Pacific Northwest, EVCS
would be a highly reputable private sector partner. EVCS and Cyan Strategies provide a
unique business model which coordinates all grant application functions,requires no financial
support from Jefferson County for capital or operating expenses, remains responsible for long-
term maintenance, and pays site host five cents per kilowatt-hour dispensed.
FISCAL IMI'ACT: Zero dollars($0.00) in installation or maintenance costs incurred by
Jefferson County for the length of the agreement, the terms of which are negotiable following
the grant being awarded. Additionally, if signed by the Board of Commissioners, the standard
revenue agreement from all installed charging stations would be five cents per kilowatt-hour
($0.05/kWh) to Jefferson County. Estimated annual revenue is difficult to ascertain at this
moment until regular usage trends can be observed.
RECOMMENDATION: That the Board of Commissioners sign the attached letter of intent.
This letter of intent is non-binding and the Board retains the right to not proceed with an
agreement at a later date.
RF:VIF:M(1:D BY:
Clark \'lcCaul County Administrator .11,2