#273011 MARICOPA COUNTY CUSTOMER AGREEMENT COUNTY COMMENTS (003)-CLEAN COPY FOR SIGNATURE WITH SIGNATURE BLOCK.PDF

APS LEVEL 2 ELECTRIC VEHICLE CHARGING PILOT
AGREEMENT #273011
This Electric Vehicle Charging Station Pilot Agreement (“Agreement”) between Arizona Public
Service Company (“APS”) and Maricopa County, a political subdivision of the State of Arizona
(“Customer”), is effective as of June 23, 2021 (the “Effective Date”).
Customer’s Charging Stations will be located at: 601 w Jackson St, AZ 85003
Background
APS is conducting an Electric Vehicle Charging Pilot Program (the “Program”), whereby APS is
installing Level 2 charging stations at certain APS Customer’s location. The Program is being
conducted in order for APS to assess electric vehicle (“EV”) consumer purchasing, EV driver
charging behavior, and other relevant information regarding the use of EV charging stations. APS
has selected Customer to participate in the Program.
Customer acknowledges that APS cannot fully determine Customer’s eligibility in the Program
until after execution of this Agreement and that Customer eligibility will be determined by APS, in
its sole discretion.
APS and Customer Agree as follows:
1. Definitions:
a. Charging Station: A UL/ETL certified electrical device that provides power to an EV
using a standard J1772 Plug connector and cable. The Charging Station will be a Level
2 type, capable of providing up to 7kW of power to an EV. The Charging Stations will
be either pedestal mounted, with two chargers on each pedestal, or wall mounted. Each
Customer will receive a maximum of 4 plugs.
b. Charging Station Area: the area where the Charging Stations are installed and used,
and where designated parking spots for EV charging are located.
c. Environmental Contamination: any and all actual or threatened releases, discharges,
spills, or the presence of Hazardous Substances within the Property.
d. Environmental Laws: any and all applicable federal, state, local, or municipal law,
statute, code, regulation, or policy (including without limitation common law) governing
the use, storage, treatment, or disposal of Hazardous Substances or otherwise relating to
the protection, conservation, or preservation of the natural environment or natural
resources, including ambient air, wildlife or plant species, surface water or groundwater
resources, or soil and other subsurface strata.
e. Hazardous Substances: any liquid, solid, or gaseous substance or material (including
petroleum and petroleum products) that is designated, classified or regulated as, either, a
1

solid or hazardous waste, a hazardous substance or material, a contaminant, or a
pollutant under any Environmental Law, or which becomes so designated, classified, or
regulated
f. Infrastructure: the electrical equipment required to provide power to the Charging
Station. The equipment may include a transformer, underground conduits, cables,
meters, disconnects (on/off switches), concrete pads, and signage.
g. Property: the entirety of the property owned or leased by Customer that is included in
the address listed at the top of the agreement.
h. Site: any part of the Property subject to the Utility Easement with the exception of the
meter pedestal, Charger and cable between the two described in Section 3(b).
2. General Terms
a. Except as set forth in subsection (d) below, APS will, at no cost to Customer, design,
construct, and install all necessary Infrastructure and Charging Stations at the Site.
b. APS will own, operate, and maintain the Infrastructure and Charging Stations. APS’s
routine maintenance of the Charging Stations will be limited to semi-annual inspections
of the Charging Stations, testing, and firmware upgrades. Customer’s inspection
obligations are set forth in Section 5.
c. If, for any reason, Customer’s existing electrical infrastructure cannot accommodate
installation of the Infrastructure or Charging Stations, or there are other technical or Site
related issues of any kind that, in APS’s sole discretion, prevent APS from installing the
Infrastructure or Charging Stations, APS may terminate this Agreement upon written
notice to Customer. Termination of this Agreement will be effective as of Customer’s
receipt of APS’s notice of termination.
d. Based on estimates to install the Infrastructure and Charging Stations, both are being
provided at no charge to Customer. In the event that, as a result of an unusual design or
technical issue associated with the Site, APS or it’s subcontractor is required to bill the
Customer the for any additional costs, APS will notify Customer in writing if additional
charges are required to the Customer (the “Customer Cost Allocation”). Customer will
have 30 days following receipt of APS’s written notice of a Customer Cost Allocation to
notify APS in writing if Customer will pay the Customer Cost Allocation or terminate
this Agreement. The signatory on behalf of the Customer must have proper authority to
authorize the customer cost allocation on behalf of their company. Customer’s notice
that it is electing to terminate this Agreement will serve as Customer’s termination of
this Agreement.
e. Customer will work with APS and its contractors to schedule and allow for the following
activities: site inspection to verify eligibility, necessary permitting and inspections,
installation, and all other reasonably necessary activities. Customer will also provide
2

APS with ; existing as built one-line electrical drawings identifying connections for
electrical power; existing electrical load designs and layouts of actual connected loads,
and any other documents reasonably requested by APS.
f. Customer will permit APS to post signage on or near the Charging Stations identifying
that the Charging Stations are being provided by APS and otherwise providing pertinent
information about the Charging Stations, APS, or the Program.
g. In the event of an emergency or other situation where APS must gain immediate access
to the Site, APS must be able to access the Charging Stations and Infrastructure without
delay (i.e., access to the Charging Stations or Infrastructure cannot be locked or gated
unless immediately accessible by a Customer representative who is on duty 24 hours a
day). In all other situations, Customer will provide APS access to the Charging Stations
upon 24 hours verbal notice.
h. Customer will keep trees, bushes, and hedges trimmed so that the Charging Stations
remain unobstructed, as required when initially installed.
i. Customer will not modify the Site in any way that may impact the operation or use of the
Charging Stations without the prior written approval of APS.
j. In APS’s discretion, APS may replace the Charging Stations with new Charging
Stations. If Customer paid for any infrastructure or fees for networking the Charging
Stations, APS will ensure Customer has comparable functionality.
k. The APS Charging Stations must remain isolated electrically and separately metered
from all other electrical equipment, unless agreed to otherwise by APS in writing.
l. APS, in collaboration with Customer, will take any action which, in their reasonable
judgment, is necessary to ensure the Charging Stations and Infrastructure are being
properly maintained and operated, and to ensure the Charging Stations are meeting the
objectives of the Program.
3. Certain Other Terms of Service
a. Customer’s monthly APS electric bill for the Charging Stations will include the energy
used by the Charging Stations. For the dedicated Charging Stations meter, Customer
must enroll in APS’s E-32XS Demand Service Plan. APS may, in its sole discretion
revise the list of eligible Service Plans at any time. If during the term of this Agreement
an EV Service Plan becomes available, APS may require Customer to enroll in that
Service Plan. Customers may choose the service plan that works best for them.
b. Customer must execute an easement to APS in the form and substance of the standard
Utility Easement. Among other things, the Utility Easement Agreement will provide
APS with the right to leave the Infrastructure in place if the Charging Stations are
removed. Notwithstanding the foregoing, after the term of this Agreement as set forth in
3

Sections 7 or any earlier termination provided for in this Agreement, if Customer
requests APS to modify or abandon the Utility Easement, APS shall reasonably agree to
such requests. All such costs associated with any modification or abandonment of the
Utility Easement, including the removal of any equipment (meter, chargers and
services), conduit, or otherwise, shall be borne solely by APS. Notwithstanding the
foregoing, in no event shall APS be required to modify or abandon any new
transformers, and associated infrastructure to install those new transformers as part of
this pilot program.
c. Customer's authorized agent or officer will execute the Utility Easement and this
Agreement.
d. If customer is a lessee of the Property, an officer or Mayor of the owner of the Property
must sign the Utility Easement Agreement and an officer or Mayor of both the Customer
and the owner of the Property must sign this Agreement.
4. Consent to Share Information.
a. As part of the Program, APS will collect and use the following information from the
dedicated meter installed at the Site: total energy usage of the Charging Stations and
information regarding performance of the Charging Stations (uptime, maintenance,
utilization, and the like).
b. Customer agrees that APS may use the information described in subsection (a) for any
reason, so long the information does not identify the Customer.
5. Additional Customer Obligations.
a. Customer must perform weekly safety inspections (snow, debris, clear and safe access)
of the Charging Station Area and immediately notify APS at the APS phone number
listed on APS provided signage, if it observes any of the conditions listed on the APS
Charging Station Inspection Checklist, which is attached here as Appendix A.
b. Customer must advise employees and any other third persons using the Charging
Stations, if the Charging Stations are not available between 3pm and 8pm daily.
c. Customer is responsible for all typical parking related matters, including, but not limited
to arrangement and painting of parking/painted lines, and the like with the exception that
APS will mark the parking spots with “Reserved Electric Vehicle Parking”.
d. Customer agrees to encourage employees to participate in APS provided surveys
regarding the Charging Stations and provide APS with related information regarding
charging usage and the like, as reasonably requested by APS.
e. Customer agrees that APS may use the information described in subsection (d) for any
reason, so long the information does not identify the Customer.
4

6. Term. The Program is intended to be in effect for five years following installation of the
Charging Stations. APS, however, reserves the right to terminate this Agreement at any
time, without liability to Customer. Customer, however, reserves the right to terminate this
Agreement at any time, without liability to APS. Unless terminated earlier as set forth in
this Agreement, this Agreement will terminate on the fifth anniversary of the In-Service
Date.
7. Shut Off and Termination for Cause.
a. If, in APS’s reasonable opinion, a safety condition related to the Infrastructure or
Charging Stations exists, APS may immediately shut off the Charging Stations and any
impacted Infrastructure.
b. If: (i) a safety conditions exists that is not being caused by APS or (ii) Customer is
otherwise in default of this Agreement (each of (i) or (ii) being a “Default”), then
Customer will have 30 days following receipt of APS’s written notice identifying the
Default to remedy the same. If Customer has not remedied the Default within the 30 day
cure period, APS may terminate this Agreement immediately, upon Customer’s receipt
of APS’s notice of termination.
8. Termination. Upon termination of this Agreement for any reason, APS will notify
Customer in writing of termination of this Agreement and Customer will notify APS
within 30 days of receipt of APS’s written notice whether it intends to take ownership of
the Charging Stations or require that APS remove the Charging Stations.
a. If Customer notifies APS that it is electing to have APS remove the Charging Stations,
APS will remove the Charging Stations within 60 days after receipt of Customer’s
written notice and APS will disconnect and abandon the Infrastructure in place or remove
it as it deems fit (pursuant to the Utility Easement).
b. If Customer notifies APS that it is electing to take ownership of the Charging Stations
after five years, APS will transfer title to Customer. Upon transfer of title of the
Charging Stations, Customer will assume sole and full responsibility for the operation
and maintenance of the Infrastructure and Charging Stations. Prior to the transfer of title
to Customer, APS will perform a fair market value analysis of the Charging Stations and
provide the information to Customer in writing.
9. Tax Implications. If Customer elects to take ownership of the Charging Stations and the
Charging Stations have a fair market value, Customer may incur a tax burden as a result of
taking possession of the Charging Stations. APS advises that Customer should consult a
tax advisor regarding possible tax liability resulting from the transfer of ownership (please
note: current U.S. tax code requires APS to generate a Form 1099 if the System value is
$600 or more). APS will still maintain ownership of the Infrastructure and easement of the
Infrastructure.
10. Exclusion of Damages. Neither party will be liable to the other party for any indirect,
consequential, special, or punitive damages for any actions resulting from or arising out of
5

this agreement, whether based on contract, tort (including negligence), strict liability,
contribution, or otherwise.
11. American Disabilities Act. Customer agrees to defend, indemnify, and hold harmless APS
and its subcontractors against any claims by Customer or any third parties arising out of or
related to violation of the Americans with Disabilities Act Amendments Act (ADAAA)
with respect to parking accommodations.
12. Environmental Liability.
a. APS shall retain all liability arising from and responsibility to address, and the Customer
shall not any assume such liability or responsibility for, Environmental Contamination
caused by APS’s installation, operation, and maintenance of the Infrastructure or
Charging Stations, including any and all losses, costs, damages, or obligations (including
without limitation any environmental remediation or corrective action obligations).
b. Customer shall retain all liability arising from and responsibility to address, and APS
shall not any assume such liability or responsibility for, pre-existing Environmental
Contamination within the Site prior to the Effective Date or any Environmental
Contamination caused by Customer after the Effective Date, including any and all
losses, costs, damages, or obligations (including without limitation any environmental
remediation or corrective action obligations).
13. This Agreement is subject to the provisions of A.R.S. 38-511.
The indemnification obligations in this paragraph will survive any expiration or termination
of this Agreement.
ARIZONA PUBLIC SERVICE COMPANY
By:
Title:
Signature:
6

7

Appendix A
APS Take Charge AZ – Customer Charger Inspection
To be Performed Weekly
Date:
Time:
Name of Inspector:
Location of Chargers:
ENSURE A SAFE WORK AREA PRIOR TO INSPECTION.
If there are critical safety concerns with your charges, please contact APS immediately!
Walk down all charging stations, inspect for the following:
i. Any signs of damage or physical contact with vehicle
ii. Note damage or issues in comment box
Detail Good Bad Comment
Charger Body
Charger Cord
Connector/Plug
Any Exposed Wiring
Meter
Meter Pedestal
8