Resolution No. 72261
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RESOLUTION NO. 7226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF AN ELECTRIC VEHICLE LOAN
AGREEMENT BETWEEN THE CITY OF VERNON AND
SOUTHERN CALIFORNIA EDISON COMPANY
WHEREAS, Southern California Edison Company ("Edison")
has an on -going trial program under which Edison makes certain
preproduction, experimental electric vehicles ("EV's") available
to businesses and governmental agencies on a temporary basis; and
WHEREAS, the purpose of the trial program is to enable
Edison to collect data about EV's and sample consumer perceptions,
and reactions to them; and
WHEREAS, Edison has offered an opportunity for the City
of Vernon to participate in the trial program without charge; and
WHEREAS, it is in the public interest that the City of
Vernon participate in said trial program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby approves an Electric Vehicle Loan Agreement, a copy of
which has been presented to the City Council concurrently with
this resolution, and the City Council hereby orders said Agreement
to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Agreement for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 20th day of October, 1998.
ATTEST:
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BRUCE V. MALKENHORST, City Clerk
-2-
/y" v�
THOMAS A. YBARRA, Mayor• Tel
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I•, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 7226, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, October 20, 1998, and thereafter was duly signed by
the Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
-3-
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST .
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
October 26, 1998
Electric Transportation Division
Southern California Edison
Room 418, G01
2244 Walnut Grove Avenue
Rosemead, CA 91770
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Re: Southern California Edison Company Electric Vehicle
Agreement
Dear Sir:
Enclosed herewith are two duplicate original sets of the above
mentioned agreement which was approved by the Vernon City Council
on October 20, 1998 through Resolution
Please sign both sets and return one set to this office for our
files.
If you have any questions, please refer them to Ms. Delores
Fonseca at Ext. 234.
Very truly yours,
�4Goria J. ros o
C18-44
hief be ty City Clerk
GJO:rcw
xc: D. Fonseca
Enclosure
SOUTHERN CALIFORNIA EDISON COMPANY
ELECTRIC VEHICLE LOAN AGREEMENT
This Agreement sets forth the terms and conditions
under which SOUTHERN CALIFORNIA EDISON
COMPANY ("Edison") will make available certain pre-
production, experimental, electric vehicles ("EVs") to the
undersigned Participant ("Participant"). Edison and the
Participant intend that the program will collect data about
EVs and sample consumer perceptions and reactions to
them.
1. Availability of EVs. Edison agrees to lend to the
Participant the EVs and related equipment identified in
Attachment 1 for the approximate trial period of one
month. The Participant agrees to use such EVs in its
normal fleet operations in the State of California.
Authorized Drivers.
(a) The loan of the EVs is exclusive to the
participant, and the participant shall only permit those
employees to operate the EVs who are insured, licensed
drivers, 25 years of age or older, and who otherwise
satisfy the driver selection criteria established by Edison.
Such employees shall hereinafter be referred to as
"Authorized Drivers)."
(b) Under no circumstances shall the participant
or any Authorized Driver be considered an agent or
employee of Edison, nor deemed to be under Edison's
direction or control. The participant shall indemnify
Edison for any loss, damage or liability which arises as a
result of the participant permitting non -authorized
persons to operate the EVs.
3. Operation of the EVs.
(a) Commencing with the delivery of the EVs by
Edison, the participant agrees to operate the EVs
throughout the term of this Agreement in accordance
with instructions provided by Edison.
i
(b) The participant agrees to care for the EVs as
reasonably required to prevent damage to or
deterioration and not permit anyone to tamper,
disconnect or otherwise interfere with the operation of
any data collection device or any other equipment on the
EVs.
(c) The EVs shall be driven in a safe and prudent
manner and in accordance with all applicable federal,
state, local laws and regulations including those
pertaining to custody, use and operation. The Participant
will be responsible for any traffic citations, fines or other
penalties incurred by reason of the use of the EVs.
Revised 10/97
4. No Warranties. EDISON MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, REGARDING
THE OPERATION OF THE EVs, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OF THE EVs.
EDISON MAKES NO ENDORSEMENT REGARDING
THE USE OR VALUE OF THE EVs NOR PROMOTES
THE FUTURE PURCHASE OF ANY SPECIFIC MAKE
OR MODEL VEHICLE.
5. Title to the EVs. Edison shall retain title to the EVs
at all times herein, and the Participant shall not permit
any liens or encumbrances to be placed on the EVs nor
act in any other manner to diminish the quality of
Edison's title.
6. Risk of Loss. The Participant will be responsible for
'any and all damage to the EVs, whether caused by
accident or otherwise, excepting only normal wear and
tear and damage due solely by defects in the EVs'
design, materials or workmanship.
7. Insurance and Indemnity.
(a) The Participant shall at all times hereunder be
self -insured or maintain insurance for the following:
adequate workers' compensation, with statutory limits, as
required by the State of California, commercial general
liability (including contractual liability coverage) and
automobile liability coverage with a combined single limit
of not less than $2,000,000 to cover liability arising out of
the use of the EVs by the Participant and Authorized
Drivers under this Agreement. All such self-insurance or
insurance shall be primary to any insurance or self-
insurance programs of Edison. Such insurance shall
name Edison, its officers, agents and employees as
additional insureds. Prior to driving the EVs, Participant
shall furnish Edison with Certificates of Insurance or self-
insurance which shall include a 30 days prior written
notice to Edison of cancellation or expiration. In the
event of cancellation of insurance, the Participant agrees
to cease operations pending reinstatement of insurance.
(b) The Participant agrees to defend, indemnify,
and hold harmless Edison, its officers, directors, agents
and employees from and against any and all losses,
damages, claims, demands, actions, costs and
expenses, causes of action, for injury or death of any
person or damage or loss of any property, including
damage to the EVs, allegedly or actually resulting from or
arising out of any act, omission or negligence in the use
and operation of the EVs or maintenance of the EVs by
e Par)�cipant, Authorized Driver, its agents or designee
ider this Agreement.
Procedures for Accidents. Within twelve (12) hours
an accident, damage, theft or conversion of any EV,
e Participant agrees to notify Edison to that, effect and
Ilow such instructions as Edison may provide with
aspect to repair or other disposition of such EVs. Within
renty-four (24) hours, a written report shall be filed with
dison and the insurer of the EVs. The Participant shall
romptly notify and furnish Edison with every demand,
:)tice, summons, process and pleading received in
very suit, action or claim arising with respect to the
:)ndition, use or operation of the EVs, and cooperate
pith Edison and any insurer defending the claim. (See
,ttachment 1.)
Evaluation and Reports. The Participant shall
rovide Edison with such evaluation reports and usage
iformation on the EVs as mutually agreed by the
parties.
Publicity and Confidentiality.
(a) The Participant shall not disclose or publish to
my third party without Edison's written consent any
:onfidential or proprietary information provided to the
'articipant by Edison, or data created in the
ievelopment, testing or evaluation of the EVs which
elated to he design, manufacture, evaluation, operation
)r performance of the EVs.
(b) The Participant shall not engage in any
promotional activities regarding the EVs, through news
media or otherwise, and shall not use the EVs for any
political purpose, unless such activities are approved in
advance by Edison.
11. Maintenance and Repairs.
(a) The Participant shall inspect the EVs upon
delivery and by acceptance thereof is deemed to find the
EVs in good working order and condition. The
Participant or its designee shall maintain the EVs in good
working order and condition, properly serviced and
greased at Edison's expense, including parts and labor.
Edison shall be responsible for maintenance of the
components unique to electrical vehicle applications.
(b) The Participant agrees to comply in every
respect with the provisions of Paragraph 3 ("Operation of
the EVs") hereof, and with the manufacturer's vehicle
operation manual accompanying each of the EVs, and
with any special instructions supplied in writing at the
time of delivery of the EVs or thereafter.
(c) The Participant agrees to notify Edison, as
soon as practicable, of any suspected failure of the EVs
to operate properly. The Participant shall permit Edison
access to the EVs to enable Edison to perform the
required maintenance and repairs to the EVs.
Revised 10197 2
12. Term and Termination. This Agreement shall
commence upon the date signed by the parties and shall
continue in effect for a trial period of one month.
However, either party may terminate this Agreement, and
the use of the EVs, without cause whatsoever, by giving
written notice to the other of such election to terminate.
Within twenty-four (24) hours of termination of this
Agreement, the Participant shall cease operation of the
EVs and return the EVs to Edison as soon as practicable
thereafter.
13. Entire Agreement. This Agreement, including
Attachments 1 and 2 attached hereto and made a part
hereof, constitutes the entire agreement and
understanding between the parties as to the subject
matter hereof and supersedes all prior agreements,
commitments, representation and discussions between
the parties pertaining to the subject matter of this
Agreement. This Agreement may be amended, modified
or supplemented only by a duly executed document by
Edison and the Participant.
14. Governing law. The Agreement shall be
interpreted, governed and construed under the laws of
the State of California as if executed and to be
performed wholly within the State of California.
IN WITNESS WHEREOF, the parties hereby
execute this Agreement as of the date first above written.
SOUTHERN CALIFORNIA EDISON COMPANY
("Edison")
By:
Manager, Electric Transportation Division
Date:
CITY OF VERNON
("Participant")
By: omas �fCa��a,Mayor Pro Tem
October 21 1998
Date:
ATTEST BY:
Bruce V. Malkenhorst, City Cler
AI<IFROVED AS TO FORM
I a ATTORNEY
BACKGROUND
INFORMATION
SOUTHERN CALIFORNIA
EDISON
An EDISON INTERNATIONAL"' Company
Southern California Edison
Electric Transportation Division
Vehicle Trials Program
Background Southern California Edison's (SCE) Electric Transportation (ET) Division was created
in 1991 to develop a safe, reliable, efficient and cost-effective electric supply system for the
future use of electric vehicles (EVs) in its service territory. SCE's ET Division is organized
into five sections covering infrastructure programs, EV testing and evaluation, EV battery
testing, communications, and business planning and compliance. Each section is responsible
for realizing its own goals that, collectively, support the emergence and growth of a viable
electric transportation industry in a manner that is of direct economic benefit to shareholders
and utility customers. Successful achievement of these goals also is designed to move the
ET organization through a phased integration into core utility operations by 2001, when
California Public Utilities Commission -approved funding for the program expires.
Projects Current Developments
As part of its ongoing mission to learn more about how electric vehicles (EVs) will be driven
and charged by customers, Southern California Edison is providing key fleet customers an
EV for one -month trial periods. The utility's EV Trials program, while giving customers a
chance to experience a new and exciting technology, provides various test scenarios from
which the utility can collect and evaluate valuable data about the effects EVs have on the
power supply system. Currently, General Motor's EV1, Chevy sS-10 Pick-up, Toyota's
RAV4 and Honda's EV PLUS are being used in the program.
The EV Trials program helps Edison design load management strategies that both protect
utility system integrity and provide EV customers with safe, reliable and low-cost electricity.
In some cases, a special meter is installed at the site, allowing the utility to record the
recharging habits of program participants. Participating drivers also log noteworthy details
about road and weather conditions, side trips made during their commutes and any problems
that occurred during the trial.
To date, a few of the cities that have participated are; Cerritos, La Canada Flintridge, Rancho
Palos Verdes, San Gabriel, Monrovia, Grand Terrace, Temple City, El Monte, Desert Hot
Springs, and Glendora. Other participants have included, California Conservation Corps,
Metropolitan Transit Authority (MTA), Rowland Unified School District, and Hollywood
Park. Comstock Homes, a Southern California home developer, also participated in the
utility's program. Comstock was able to use the experience to better understand how EVs fit
into its community building efforts.
Future Developments
Several additional trials are expected to be scheduled through 1998, and will include
commercial customers, fleet customers, and cities. New vehicle models, such as the Ford
Ranger EV, will be integrated into the EV Trials program.
Contact Cecilia Mushinskie
Phone: 626.302.3934 Fax: 626.302.1328 E-mail: mushinc@sce.com
Electric Transportation Division
Southern California Edison
Room 418, GO1
2244 Walnut Grove Avenue
Rosemead, CA 91770