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HomeMy WebLinkAboutDAQ-2024-007665Request For Payment from VW EVSE Division of Air Quality Department of Environmental Quality State of Utah 195 North 1950 West Salt Lake City, UT 84116 PAYABLE TO: SLC, UT 84114 TAX ID: CHARGE TO: Fund Agency Approp Unit Function Prog Object or BS 2158 480 2158 2113 2VWUDOT 7512 DATE DESCRIPTION TOTAL 12/14/2022 $100,275.30 $100,275.30 Reviewed and Approved By: Date: Mat Carlile Andrea Riddle Project completed: December 9, 2020 (for the Seven Level 2 EVSE units and one DC Fast Charger) and Feb 1, 2020 (for 2 DC FAST) Please note that this payment was part of a larger project and that request is for a portion of the overall cost of the project. Payment to UDOT for reimbursement for purchase, installation, warranty, and networking costs for Seven Dual-port EVSE units and three DC Fast Chargers($100,275.30) at 210 West 800 South Richfield, UT 84701 . As per the State Cooperative Agreement with Verdek shipping costs will not be reimbursed on this payment. This payment comes from the Contract 201217 for UDOT through the VW Settlement funds. Transaction Id:______________________ UDOT #VC0000179400 4501 South 2700 West Awardee Name: UDOT-Kanab Award Amount (verify that the requested amount does not exceed total amount reimbursed to UDOT pursuant to the Volkswagen Eligible Mitigation Action Agreement Between State of Utah, Department of Transportation and State of Utah, Department of Environmental Quality, #201217, effective December 18, 2019, as amended March 23, 2022): $_1,047,6231 Project Summary Proposed number of EVSEs (type and quantity of each): Two DC Fast Chargers Actual number of EVSEs (type and quantity of each) combined with a Workplace EVSE project sponsored by Kane County: Seven Dual-port Level 2 EVSE Units and Three DC Fast Chargers. See Letter from Lyle McMillan, UDOT and Commissioner Brent Chamberlain, Kane County, dated August 23, 2021. Proposed address of EVSE location(s): 210 West 800 South Richfield, UT 84701 Actual address of EVSE location(s): 210 West 800 South Richfield, UT 84701 Bid amount: $144,448. The original bid was for the costs to purchase and install two DC Fast Chargers and electrical upgrade. The VW project amount of $144,448 subsequently paid for portions of the entire project. Invoice amount: Kane County combined its project with UDOTs VW EVSE project. DAQ amended UDOT agreement to combine projects. For its contribution to the combined project, UDOT paid for two DC Fast Chargers for $120,049.60 , see invoice. This included shipping cost totally $1,6002 In addition, UDOT included electrical upgrades through Garkane Electric for $25,146.75 and Steed Construction for $4,778.95 for a combined total of $149,975.30. Kane County provided a paid invoice from Verdek for Seven Dual- port Level 2 EVSE Units and One DC Fast Chargers for $186,905. Combined total project costs is $336,880.30. There were several items that DEQ cannot reimburse fully because they are either not permitted (i.e., shipping costs under the State Cooperative Agreement), costs are higher than the specified price under the State Cooperative, or exceed the 50% allowed for reimbursement under the Workplace EVSE program. The following are not eligible for reimbursement: o Shipping costs; DAQ may not reimburse for shipping costs, because UDOT and Kane County used the State Cooperative Contract to purchase the EVSE units. Under the terms of the State Cooperative Contract (see Amendment A. Item 21 [1]) Verdek is responsible for shipping costs and should not have charged Kane County. UDOT shipping cost not eligible for cost is $925. Total shipping cost is $2,525. 1 Please note that this payment was part of a larger project and that request is for a portion of the overall cost of the project. 2 DAQ may not reimburse for shipping costs, because UDOT and Kane County used the State Cooperative Contract to purchase the EVSE units. Under the terms of the State Cooperative Contract (see Amendment A. Item 21[1]) Verdek is responsible for shipping costs and should not have charged Kane County. o CPCLD-COMMERCIAL 3-year networking plan for $835 per port (14 ports) for total costs of $11,690. The State Cooperative Agreement with Verdek specifies the price for the 3-year networking plan is $684 per port. The total cost for all 14 ports should have been $9,576. Verdek should not have charged Kane County more than $9,576 for this networking plan. DAQ cannot reimburse $2,114. o CPCLD-ENTERPRISE-DC-3 year networking plan for $2,955. The State Cooperative Agreement with Verdek specifies the 3-year networking plan price is $2,370. Verdek should not have charged Kane County more than $2,370 for this networking plan. DAQ will reduce the requested reimbursement by $585. o CT4021-GW1 CHARGEPOINT DUAL PORT CHARGER GATEWAY PEDESTAL MOUNT". The State Contract (see attached "full_contract-AR2842 Verdek Full Contract.pdf" page 54) lists the price for the CT4021-GW1 as $5,335 per EVSE unit. Vedek charged $5,480 per EVSE unit, which is $145 more per EVSE unit. Because of this, DAQ will be reducing the reimbursement by $1,015. Combined ineligible costs are $6,239; therefore, the combined eligible project cost total comes up to $330,641.30. DAQ already reimbursed Kane County with Workplace EVSE funding assistance up to 50% of the combined total project costs eligible for reimbursement -- $165,0622.59. UDOTs reimbursement payment is $100,275.30. UDOT's Reimbursement amount, after removing chargers that are above the eligible cooperative agreement prices. (1 Items highlighted in yellow are charges that are above eligible cooperative agreement prices.) and removing shipping costs. UDOT also decreased their reimbursement request by $48,100. This is because UDOT used $40,000 of its own funds to help pay for this project. In addition, UDOT reduced its request by $8,100 to reconcile overcharges for five Level 2 chargers and shipping charges on previous reimbursements. Checklist of required documents (Provide a description of any modifications from the original, proposed project). A site map showing the location of the EVSE funded by this funding assistance; Installation start date of the EVSE project December 19, 2019 (See email from Karla Johnson on May 17, 2021) The EVSE was placed into service on December 9, 2020 (for the Seven Level 2 EVSE units and one DC Fast Charger, See email from Karla Johnson on May 17, 2021) and Feb 1, 2020 (for 2 DC FAST Chargers see Kanab Session data) A photo of the EVSE funded by this funding assistance and placed into service; The estimated hours per day and days per year the EVSE funded by this funding assistance will be used: 6-10 hours 365 days a year (See email from Karla Johnson May 17, 2021) and 10.6 hours a day 360 days a year (see Kanab Session data). A final purchase invoice for each EVSE, installation, maintenance, and other itemized actual costs from the Funding Assistance Application. The invoice shall include: a. the invoice date; b. the itemized purchase cost for each item or service listed in the competitive bid; and c. the applicant as the purchaser; If costs are higher than the original bid, are the increased costs reasonable? The original bid amount for the install at this location was $144,285.63. That amount was made up of $26,260 in power upgrades and $118,025.63 in Verdek install costs. The actual costs to install the EV Chargers at this location was $148,375.30 for an increase in cost of $4,089.67. Additional costs associated with the power upgrades accounted for $3,665.70. These additional costs were associated with the additional supply costs and costs due to the COVID-19 Pandemic. Verdek mobilization costs increased by an amount of $2,023.97. Verdek indicated that these additional costs above their bid price, were due to multiple trips to the project location by their installers in separate vehicles due to the COVID-19 Pandemic. As mentioned there are several items that were not allowed or were higher than what is allowed under the state Cooperative Agreement with Verdek. Kane County will cover those costs and will work with State Purchasing to request a refund from Verdek. Kane County had a consultant assist them with getting bids prepared for their application. It appears that the amounts were very low. The vendor ended up increasing the pricing to reflect costs which also required them to change the length of the warranty and network agreements for the EVSE units. Here is a list of these items: CPCLD-COMMERCIAL-5 (5-years) amount on the original bid was $250 per item. The final paid invoice shows that Kane County changed to CPCLD-COMMERCIAL-3 (3- years) and was charged $835 per item. However, the State Cooperative Agreement with Verdek lists the price of the 3-year networking plan as $684 per port (14) total cost for all 14 ports should have been $9,576. Verdek should not have charged Kane County more than $9,576 for this networking plan (See page 59 of the attached document). CPCLD-COMMERCIAL 3-year networking plan for $835 per port (14 ports) totalcosts was $11,690 and We will pay up to $9,576 and Kane County will pay the difference of $2,114; CPCLD-ENTERPRISE-DC-5 (5-years) amount on the original bid was $925 per item. The final paid invoice shows that Kane County changed to CPCLD-ENTERPRISE-DC- 3(3-years) and was charged $2,955 per item. However, the State Cooperative Agreement with Verdek lists the price for the 3-year networking plan as $2,370 per item. Verdek should not have charged Kane County more than $2,370 for this networking plan (See page 64 of the attached document). We will pay up to $2,370 per item and Kane County will pay the difference of $585. EXPRESS-ASSURE5 (5-years) amount on the original bid was $1,250 per item. The final paid invoice shows that Kane County changed to EXPRESS-ASSURE3 (3-years) and was charged $5,000 per item. The State Cooperative Agreement with Verdek lists the price of the three-year EXPRESS-ASSURE plan as $10,434 per item. Because the amount charged is below the contract amount we will not need to reduce the payment amount on this item. CPCLD-ENTERPRISE-DC-5 (5-years) amount on the original bid was $925 per item. The final paid invoice shows that Verdek charged Kane County $3,405 per item. The State Cooperative Agreement with Verdek lists the price of the CPCLD-ENTERPRISE- DC-5 plan as $3,712 per item. Because the amount charged is below the contract amount we will not need to reduce the payment amount on this item.; and EXPRESS-ASSURE-5 (5-years) amount on the original bid was $425 per item. The final paid invoice shows that Verdek charged Kane County $6,75 per item. The State Cooperative Agreement with Verdek lists the price of the EXPRESS-ASSURE-5 plan as $14,570 per item. Because the amount charged is below the contract amount we will not need to reduce the payment amount on this item). If items purchased are different from competitive bid did entity document that they meet procurement rules for changed items (see Terms and Conditions section II B.); and Proof of payment. Did the applicant use the State Cooperative Agreement? Yes o If yes, did the invoice include shipping? Yes, however, VW funds will not reimburse for shipping costs because UDOT used the Verdek State Cooperative Agreements where shipping costs are not allowed or the higher amounts for the CPCLD (see explanation above). Amount authorized for reimbursement: = $100,275.30 With this authorized amount, the total amount reimbursed to UDOT to date = $434,422.78 Reviewed by Mat Carlile _______________ Becky Close________________ Andrea Riddle_______________ Locations Vendors Model of E Qty Price per itemCosts Grant $ UDOT Locations Vendors Items (EVSE units, Networking, Warranty, etc.) Qty Bid Price per item Total Item Costs Grant $ VW Grant $ UDOT $ Kane$ Locations Vendors Items (EVSE units, Networking, Warranty, etc.) Qty State Cooperative Agreement (# Ar2842) Price per item Invoice Price per item1 Invoice Total Costs1 Maximum Total Project Cost Eligible for Reimbursement Invoices CPE250C-6 2 $30,425.00 $60,850.00 $53,000.00 $7,850.00 CPE250C-625-CCS1-CDH 3 $47,500.00 $142,500.00 $71,250.00 $59,174.69 $12,075.31 CPE250C-625-CCS1-CDH 1 $37,128.00 $31,225.00 $31,225.00 $31,225.00 84087 5 year War 2 $17,355.00 $34,710.00 $2,560.00 $32,150.00 CT4021-GW1 7 $6,210.00 $43,470.00 $21,735.00 $21,735.00 $0.00 CT4021-GW1 7 $5,335.00 $5,480.00 $38,360.00 $37,345.00 84087 Mobilizatio 1 $1,680.00 $1,680.00 $1,680.00 CPE250-CMT-IMPERIAL 3 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CPE250-CMT-IMPERIAL 1 $0.00 $0.00 $0.00 $0.00 84087 Design/Equ 1 $2,956.00 $2,956.00 $2,956.00 CPCLD-COMMERCIAL-5 14 $250.00 $3,500.00 $0.00 $3,500.00 $0.00 CPCLD-COMMERCIAL-3 14 $684.00 $835.00 $11,690.00 $9,576.00 84087 Related Im 1 $7,312.00 $7,312.00 $7,312.00 CPCLD-ENTERPRISE-DC-5 2 $925.00 $1,850.00 $0.00 $1,850.00 $0.00 CPCLD-ENTERPRISE-DC-3 1 $2,370.00 $2,955.00 $2,955.00 $2,370.00 84087 Electrical M 1 $4,368.00 $4,368.00 $4,368.00 PARTNER SELF VALID 1 $0.00 $0.00 $0.00 $0.00 PARTNER SELF VALID 2 $99.00 $0.00 $0.00 $0.00 84087 Commissio 1 $648.00 $648.00 $648.00 CT4000-ASSURE-5 7 $425.00 $2,975.00 $0.00 $2,975.00 $0.00 EXPRESS-ASSURE3 2 $10,434.00 $5,000.00 $10,000.00 $10,000.00 84087 Overhead 1 $3,053.51 $3,053.51 $3,053.51 EXPRESS-ASSURE5 2 $1,250.00 $2,500.00 $0.00 $2,500.00 $0.00 NSTALLATION 1 n/a $91,550.00 $91,550.00 $91,550.00 84087 Profit 1 $848.20 $848.20 $848.20 INSTALLATION 1 $131,052.00 $131,052.00 $65,526.00 $8,186.00 $32,150.00 $25,190.00 CT4000-PMGMT 5 $40.00 $40.00 $200.00 $200.00 84087 Shipping 2 $800.00 $1,600.00 $1,600.00 CT4000-PMGMT 7 $40.00 $280.00 $140.00 $140.00 $0.00 SHIPPING 1 not allowed $925.00 $925.00 $0.00 84087 Sales Tax 1 $9,494.61 $9,494.61 $4,747.31 $4,747.31 84087 Shipping 1 $1,850.00 $1,850.00 $925.00 $925.00 $186,905.00 $182,266.00 Subtotal Vedek $118,025.71 $78,025.71 $40,000.00 Subtotal Vedek $339,471.61 $164,323.31 $92,210.69 $40,000.00 $42,937.62 CPE250C-625-CCS1-CDH 2 $37,128.00 $30,425.00 $60,850.00 $60,850.00 84823 Garkane Electrical System Upgrades 1 $26,422.00 $26,422.00 $26,422.00 $0.00 Garkane Electrical System Upgrades 1 $24,150.62 $24,150.62 $12,075.31 $12,075.31 $0.00 $0.00 CPCLD-ENTERPRISE-DC-5 2 $3,712.00 $3,405.00 $6,810.00 $6,810.00 84823 EXPRESS-ASSURE 5 4 $14,570.00 $6,975.00 $27,900.00 $27,900.00 84823 $144,447.71 $104,447.71 $40,000.00 $363,622.23 $176,398.62 $104,286.00 $40,000.00 $42,937.62 Mobilization 1 $3,703.89 $3,703.89 $3,703.89 84823 Design/Equipment 1 $2,956.00 $2,956.00 $2,956.00 84823 Related Improvements/Repa 1 $7,312.00 $7,312.00 $7,312.00 84823 Electrical Materials 1 $4,368.00 $4,368.00 $4,368.00 84823 Commissioning System 1 $648.00 $648.00 $648.00 84823 Overhead 1 $3,053.51 $3,053.51 $3,053.51 84823 Profit 1 $848.20 $848.20 $848.20 84823 SHIPPING 2 $0.00 $800.00 $1,600.00 $0.00 84823 $120,049.60 $118,449.60 4850 Steed Constructi on Pavement 1 $4,778.95 $4,778.95 $4,778.95 19537-01 8100 Garkane Energy Electrical System Upgrades 1 $25,146.75 $25,146.75 19-325 $336,880.30 $330,641.30 $100,275.30 $165,320.65 #REF! Grand Total Verdek Total Project Costs Subtotal 2nd Verdek Invoice Subtotal 1st Verdek Invoice Kane County's Reimbursement amount, (50 % of the Maximum Total Project Cost Eligible for Reimbursement ) Orig. UDOT Bids 26 North 100 E. Kanab, UT Verdek Upgrades Grand Total UDOT's Reimbursement amount, after removing chargers that are above the eligible cooperative agreement prices. (1 Items highlighted in yellow are charges that are above eligible cooperative ageement prices.) and removing shipping costs. UDOT also decrease reimbursement request by $47,150. UDOT provide $40,000 toward this project and subjected $7,150 because of an overcharger for Level 2 chargers on earlier reimburses. Bids Final Invoices 26 North 100 E. Kanab, UT 26 North 100 E. Kanab, UT Upgrades Upgrades Verdek STATEMENT Utah Department of Transportation 4501 S. 2700 W./ BOX 141510 801-965-2494 (for Accts. Receivables) DATE: STATEMENT # 201217- Department of Environmental Quality 195 N 1950 W Salt Lake City UT 84116 Customer ID: DEQ-VWGRANT COMMENTS: Per VW Eligible Mitigation Action Grant Agreement # 201217 - $ is to be reimbursed DATE DESCRIPTION AMOUNT BALANCE //20 CURRENT 1-30 DAYS PAST DUE 31-60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 DAYS PAST DUE AMOUNT DUE $ REMITTANCE Statement # 201217- Date Amount Due Amount Enclosed Make all checks payable to Utah Department of Transportation. Please include the UDOT coding block: Unit Appr XE Program 73261 Phase $ $ Page:of1 1 STATE OF UTAH PAYMENT REQUEST - COMMODITY BASED DOCUMENT TOTAL: FY:BFY: DOCUMENT DESCRIPTION: ENTERED BY: LAST USER: CREATION DATE:PERIOD: PRINT DATE: 2021 8 02-23-2021 lbarker February 23, 2021 lbarker $120,049.60 DISB TYPE: VNDR LN:VENDOR NUMBER: LEGAL NAME: ADDRESS: AMOUNT: HDLG CD: ALIAS/DBA: PYMT DT: SNGL CHK FL: 1 123 Rolling Meadow Rd Check true 02/23/21VC219254 Verdek LLC $120,049.60 Madison, CT 06443 US VNDR INV #: QTY: COMM LN: COMM#: DESCRIPTION: UNIT: UNIT PRICE: TOTAL: F/A: VNDR INV LN: VNDR INV DT: WHSE#: AGREEMENT REF:MA 100 AR2842 1 25170 Vehicle components & systems including safety & security 1.00000 EA $120,049.60 84823 1 01-15-2021 $120,049.60 1 REF TYP:REF ACTG LN: ACCT LN: REF COMM LN: BFY: REF VNDR LN: PERIOD:FY: REF DOC: LINE AMOUNT:EVENT TYPE: PRG PRDPHASEPROGMFUND DEPT SOBJUNIT DPT REVAPPR OBJ ACTY FUNCREV BSA LINE DESC: 1 Partial00 2800 6816810 7203 XED 73261 10U UDOT AR2842 - EV fast DC Chargers Kanab Civic Center Kane County AP01 $120,049.60 All past due amounts are subject to a 2% service charge per month. ALL STAR EXCAVATING P.O. Box 910039 St. George, UT 84791 US (435) 619-2349 allstarexcavating@gmail.com Invoice 4768 BILL TO STEED CONSTRUCTION 1250 E. Iron Drive Suite 200 Eagle, ID DATE 12/29/2019 PLEASE PAY $1,330.00 DUE DATE 01/01/2020 PROJECT NAME Kanab Civic Center DESCRIPTION QTY RATE AMOUNT Run Power Conduit for Car Charging Station and Backfill 14 95.00 1,330.00 TOTAL DUE $1,330.00 THANK YOU. Page:of1 1 CREATION DATE: STATE OF UTAH GENERAL ACCOUNTING EXPENDITURE DOCUMENT TOTAL: PRINT DATE: FY: DOCUMENT DESCRIPTION: VENDOR LINES: ENTERED BY: LAST USER: BFY: DOCUMENT NAME: PERIOD: 06-11-2020 2020 12 1 June 15, 2020 lbarker lbarker $4,778.95 ALIAS/DBA: VNDR LN: VENDOR NUMBER: LEGAL NAME: ADDRESS: SNGL CHK FL: PYMT DT: DISB TYPE: AMOUNT: HDLG CD: 1 1250 E. IRON EAGLE DR SUITE 200 true 06/11/20 Check VC238487 EAGLE, ID 83616 US $4,778.95STEED CONSTRUCTION INC ACCT LINE DESC: ACCT LN: VNDR INV LN:VNDR INV DT: REF ACTG LN: BFY: REF VNDR LN: PERIOD:FY: VNDR INV #: LINE AMOUNT:EVENT TYPE: PRG PRDPHASEPROGMFUND SOBJUNIT DPT REVAPPR OBJ ACTY FUNCREV BSADEPT REF DOC: 1 $4,778.95 2800 6816810 7203 XED 73261 10U UDOT Kanab Civic Center AP01 19537-01 1 01-13-2020 Number Model Serial Number 1 CC3-2 194202023785 2 CC3-3 194202023846 3 CC3-1 194202023823 4 CC2-1 180341001126 5 CC2-2 192741015984 6 CC2-3 201741012420 7 CC2-4 201741012388 8 CC2-5 201741012432 9 CC2-6 210741012456 10 CC2-7 201741012421 84114-4820 Telephone (801) 536---4284 www.deq.utah.gov Printed on 100% recycled paper State of Utah Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF AIR QUALITY Bryce C. Bird Director SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor M E M O R A N D U M TO: Bryce Bird, Director THROUGH: Dave McNeill, Planning Branch Manager THROUGH: Becky Close, Air Quality Policy Section Manager FROM: Mat Carlile, Workplace Electric Vehicle Supply Equipment Assistance Program Manager; Lisa Burr, Volkswagen (VW) Environmental Mitigation Trust Program Manager With advice from Connie Nakahara, Assistant Attorney General DATE: June 28, 2021 SUBJECT: Kane County Match for the Workplace Electric Vehicle Supply Equipment Assistance Program Issue: Based on Kane Workplace Electric Vehicle Supply Equipment (EVSE) Assistance Program (Workplace Program) application, DAQ awarded Kane County funding assistance to locate ten chargers at the Kanab Civic Center. Subsequently, the parties voluntarily entered into an agreement providing that Kane County may be reimbursed for actual eligible costs to procure and install the EVSE proposed in its application for up to 50% of the actual cost of each authorized EVSE charger (including installation). DAQ limited reimbursement under the Workplace Program based on the 2019 DAQ Budget Request which estimated the Workplace Program appropriation 50% cost-share . . . of the costs to purchase and install 800 level 2 EVSE units.1 Because networking and warranty costs were not included in the Budget Request estimate, DAQ determined networking and warranty costs are not eligible for reimbursement under the Workplace Program. Under a separate EVSE funding program, DAQ awarded VW Eligible Mitigation Action (VW Trust) funding assistance to UDOT to purchase and install EVSE at the same Kane County site. Now that Kane County has expended funds to complete installation of the chargers authorized under the Workplace Agreement, we understand that Kane County expects to be reimbursed for 1 Installation of Workplace EVCE (50% cost-share for approximately 800 chargers See 2019 Division of Air Quality Budget Request for the Electric Vehicle Charging Equipment Program. Page 2 50% of the purchase and installation costs of the Workplace Program EVSE, and for all expended costs because they believed that they could use the UDOT VW award as their portion of the 50% match. UDAQ did not understand this intention at the time that the award was made, and awarded Kane County assuming they would supply the 50% match with their own money, not a different grant funding source. Importantly, well intentioned representations from a retired UDOT employee and miscommunications with DAQ may be the reason Kane County entered into the DAQ Agreement and contracts with vendors expecting that the total costs to install and purchase all chargers would be paid by either the Workplace Program or the VW Trust. There are no restrictions in either the VW Trust Funding Assistance Agreement or the 2019 DAQ Budget Request to use VW Trust funds as a match (50% cost-share) for the Workplace Program. In summary, there were two applicants for two different DAQ funding programs for the same site. Kane County believed they were able to use the VW funds to cost match the Workplace EVSE funds. Although there are no restrictions in either grant program for allowing this, it was not mutually decided on. Kane County is now responsible for a higher cost-match than they intended. Therefore, UDAQ has identified two options to reimburse Kane County. Both options include amending each grant agreement to combine the UDOT and Kane County projects into one, and one option requires a change in DAQ policy related to the Workplace Program. The following tables shows a brief overview of the original agreements as well as two options for reimbursement: Table 1: Original Project Estimated Costs, Award Amount, and Requested Reimbursements for Project Original Chargers Included Estimated Total Project Cost Award Amount Reimbursement UDOT *2 DC fast $144,286 (allowed @ 100%) $104,286 (UDOT paid remaining $40,000) (Allowed at 100%) Requested - $104,286 Kane County 1 DC fast *2 DC fast $63,866 $144,286 $176,399 Requested & Expected - $185,980 Eligible Costs ($162,260) for reimbursement @ 50% - $81,130 7 Level 2 Chargers $155,650 *same chargers/electrical upgrades $363,622 $280,685 Total reimbursement with original agreements $185,416 Page 3 Table 2: Summary of Option 1 Option 1 Chargers Included Actual Total Project Cost Award Amount Reimbursement UDOT 3 DC fast 7 level 2 chargers $144,286 (allowed 100%) $104,286 (UDOT paid remaining $40,000) Reimburse - $104,286 Kane County $186,905 $176,399 Eligible Reimbursements - $167,480 (50% Workplace funding for networking and warranty all chargers $331,191 $280,685 Total reimbursement with option 1 amended agreements $271,766 Table 3: Summary of Option2 Option 2 Chargers Included Actual Total Project Cost Award Amount Reimbursement UDOT 3 DC fast 7 level 2 chargers $144,286 (allowed 100%) $104,286 (UDOT paid remaining $40,000) Reimburse - $104,286 Kane County $186,905 $176,399 Reimburse - $137,802 (8 chargers - no Workplace funding for networking or warranty) $331,191 $280,685 Total reimbursement with option 2 amended agreements $242,088 Pursuant to your direction, this memo outlines two options that can serve as the basis to combine the Workplace Program project with the VW Trust project to install EVSE at the Kanab Civic Center and reimburse Kane County and UDOT for most of their project costs. Option 1 (i) Workplace Program 50% funding of the purchase and installation costs, (ii) Workplace Program reimbursement for 50% of networking and warranty costs, which, otherwise, have been ineligible pursuant to previous DAQ practice, and (iii) VW Trust covers non-Workplace Program reimbursements up to the amount allotted. Reimburse Kane County under the Workplace Program for 50% of all expended eligible costs to purchase, install, operate, and maintain the EVSE (includes networking and warranty costs) = $167,977.65 Reimburse UDOT under the VW Trust for 50% of all expended eligible costs to purchase, install, operate, and maintain the EVSE, up to the awarded amount of $104,286. Page 4 UDOT contributed $40,000 to the project from other funding. Kane County must cover $23,193.59, the excess amount of the 50% limit under the Workplace Program. Option 2 (i) Workplace Program 50% funding of the purchase and installation costs, (ii) no Workplace Program reimbursement for 50% of networking and warranty costs consistent with previous DAQ practice, and (iii) VW Trust covers non-Workplace Program reimbursements up to the amount allotted. Reimburse Kane County under the Workplace Program for 50% of all expended eligible costs to purchase and install the EVSE = $137,802.09 Reimburse UDOT under the VW Trust for 50% of all expended eligible costs to purchase and install the EVSE and costs for networking and warranty, up to the awarded amount of $104,286. UDOT contributed $40,000 to the project from other funding. Kane County must cover $52,871.09 for networking and warranty costs not covered by the VW Trust or UDOT funding. More details of both these options can be found in Attachment A. Below we discuss the relevant facts, including misunderstandings and possible representations, legal constraints, and the justification for the two proposed options for your consideration. Background Kane County Application In a cover letter to (Workplace Application), Kane County Commissioner Brent Chamberlain te was awarded a portion of the VW Trust funding for EVSE, which was solely focused on [2] Fast DC chargers . . . [now] this second phase project [] will leverage The Commissioner then indicated In its Application, Kane County: y to be installed under the VW Trust for $144,448; proposed three DC Fast Chargers and seven dual-port Level 2 chargers; specified Fast Chargers, electrical upgrades, installation, and non- but Workplace Application showed ; and Page 5 allocated electrical upgrades attachment to the application. Importantly, DAQ awarded VW Trust funding to UDOT, not Kane County, for the purchase and installation of two DC Fast Chargers that are located on the Kane County project site.2 However, the VW Trust allows joint projects between different entities. (Note, DAQ is withholding processing the reimbursement to UDOT for its Kane County chargers pending resolution of this issue). Kane County owns the project site and apparently believed that it could use the VW Trust funding awarded to UDOT to cover entire Workplace Program EVSE share. Beyond the misunderstandings and miscommunications, now, after the fact, we realize that a retired UDOT employee who was trying to expand EVSE coverage throughout the State may have suggested or convinced Kane County that VW Trust funds would cover any amount beyond the Workplace Program EVSE funding (50% of the lowest price quote to procure and install each EVSE). However, neither the nor the application clearly conveyed Kane Kane County Workplace Agreement #203537 (Workplace Agreement ) The Workplace Agreement currently provides, in part, that: (1) ¶ I.A.); (2) installation, ¶ I.B.); (3) The total award shall not exceed $176,398.62 (¶ I.B.) (4) ¶ II.A.); (5) To receive reimbursement, among other requirements, Kane County must submit a final purchase invoice showing Kane County as the purchaser and proof of payment (¶ III.C.). Workplace Program budget request stated that the scope of the program would cost share 50% of approximately 800 chargers, the Workplace Program does not allow funding of networking and warranty costs level 2 chargers and installation. DAQ awarded Kane County up to $176,398.62. It was unknown at the time, but to Kane County was based on the price quotes provided in their application, which also included 50% of the costs to install and procure the two DC Fast Chargers 2 s plan to install two DC Fast Chargers at the Kanab Civic Center in Kane County. Page 6 that UDOT is funding through the VW Trust. Apparently, Kane County included the VW Trust costs, not to recover duplicate funds, but to demonstrate that other sources of funding would be used to cover the 50% costs not funded by the Workplace Program. As Kane County had copies of UDOT invoice, apparently UDOT is coordinating with Kane County. Kane County Reimbursement Request Kane County submitted its request for reimbursement on May 11, 2021, for $185,980.3 In this request, they provided documentation showing that Kane County directly paid for the one DC Fast Charger and seven dual-port, Level 2 EVSE units, installation, networking, warranty costs, and shipping costs. In addition, Kane County provided documents that showed UDOT paid for two DC Fast Chargers, installation, networking, warranty costs, and electrical infrastructure upgrades ($145,196.35). Kane County provided proof that UDOT paid for two DC Fast chargers with the idea that this would cover their 50% match. Additional background information can be found in Attachment B. Detailed Options Allow UDOT and Kane County to combine the VW Trust and Workplace Program projects together to increase funding assistance to Kane County. Pursuant to a joint request by UDOT and Kane County, DAQ could allow the VW Trust funding to cover costs not reimbursable under the Workplace Program, maximizing the funding options for Kane County. To increase the reimbursement amount, both UDOT and Kane County must agree to submit a joint request for DEQ and DAQ to consider a joint EVSE project to be installed at the Kanab Civic Center. The request: 1. Although previously implied, UDOT and Kane County should formally propose a joint project to install (a) the two DC Fast Chargers, and (b) one DC Fast Charger and seven dual-port, Level 2 chargers at the Kanab Civic Center. 2. Should specify t W Trust award allocation of $104,2864 for the installation of two DC Fast Chargers to be installed at the Kanab Civic Center to (a) reflect the joint project, (b) allow the initial allocation of $104,286 to be spread out to partially fund the purchase and installation costs for the entire joint project, (c) include UDOT independent contribution of $40,000 to the joint project. i. Should include a joint UDOT and Kane County certification that they: (a) agree to the joint project, (b) that only UDOT will be reimbursed for actual costs it 3 The invoice amount was for $186,905 but shipping costs ($925) were not requested for reimbursement, b ecause Kane County used the State Cooperative Contract to purchase the EVSE units. Under the terms of the State Cooperative Contract (see Amendment A. Item 21]) with Verdek it indicates that Verdek is responsible for shipping costs and should not have charged Kane County. Kane County is seeking a refund from Verdek for shipping costs. The total amount of the reimbursement request is $185,980. 4 See Volkswagen Environmental Mitigation Trust Funding Agreement Between the Utah Department of Transportation and the Department of Environmental, #201217 (UDOT Volkswagen Agreement), Attachment B, effective December 18, 2019. Page 7 expended under the Volkswagen Mitigation Trust; (c) UDOT agrees to transfer the ownership of the two DC Fast Chargers to Kane County within 90 days; (d) Kane County agrees to accept the two DC Fast Chargers and operate and maintain all chargers installed at the Kanab Civic Center for a minimum of five years; (e) Kane County agrees to make information and data related to the joint project available to UDEQ and UDOT upon request; (f) and Kane County agrees to make the joint project available for public use during its time of operation; and (g) (could include other requirements). 3. The desire to clarify and modify the Workplace Agreement (#203537) award of $176,398.62 to provide funding assistance for 50% of the purchase and installation costs for the entire joint project. b. The parties (DAQ, DEQ, UDOT, and Kane County) must agree to amendments of both the Workplace Agreement and the UDOT Volkswagen Eligible Mitigation Action Financial Assistance Agreement that includes: 1. UDOT Volkswagen Eligible Mitigation Action Financial Assistance Agreement amendments to include: i. partial funding of all or portions of the joint project; ii. Revisions to reimbursement documentation to allow the consideration of the reimbursement of actual eligible costs expended for the joint project, notwithstanding UDOT only expended the costs of the installation and procurement of two DC Fast Chargers; and iii. 2. Kane County Workplace Agreement amendments to include: i. describing the joint project; ii. Specifying the portion of the joint project that will receive UDOT VW Trust funding assistance and UDOT funding; iii. Specify how the Workplace Agreement funding assistance will be allocated per charger and installation costs; and iv. Revisions to reimbursement documentation to allow the consideration of the reimbursement of actual eligible costs expended for the joint project, notwithstanding Kane County only expended the costs of the installation and procurement Page 8 of one DC Fast Charger and seven dual-port Level 2 chargers. Staff Recommendation Staff recommend Option 2. Under both options, (i) Kane County and UDOT would formally combine the Volkswagen Trust and Workplace Program EVSE project totaling ten chargers, (ii) under the Workplace Program, DAQ provide 50% funding assistance for the installation and purchase of all ten chargers, and ( Option 2, Workplace Program funds would not reimburse any network and warranty costs. Whether to provide funding assistance for network and warranty costs is a policy decision, and thus, permissible. However, Option 2 would offer consistency with under the Workplace Program. Both Kane County and UDOT know that DAQ is working on a solution and have express their wiliness to cooperate in making required changes. Following a decision, Mat will contact Commissioner Chamberlain and UDOT to advise them of the decision. It is anticipated that the amendments to the agreements will take between 1-2 weeks to complete and 2-4 weeks for Kane County and UDOT to review, sign, and return. Once the agreements are returned it will take another week to finalize. Once the agreements are finalized DAQ will start reviewing the request for payment. Page 9 ATTACHMENT A Below you will find detailed information related to the two options discussed in the body of the memo. Option 1 allow Workplace Program reimbursement for 50% of networking and warranty costs. Allow money paid by UDOT for EVSE units and installation located at the same project site to be used toward the 50% match up to $104,286. er warranty and networking costs in its determination that the Workplace Program could fund approximately 800 chargers and that, based on its budget request, DAQ did not allow Workplace Program funding for EVSE warranties or networking, now, as a matter of a change in policy due to the availability of approximately $3 million in funds, the Workplace Program will fund up to 50% of EVSE networking and warranty costs. Page 10 Option 1 - Combining Workplace Project and Volkswagen Project Workplace Program up to 50% funding assistance for purchase, installment, networking, and warranty costs of each EVSE Workplace Program Funding Max - $176,398.62 Volkswagen Trust Funding Max - $104,286 UDOT Contribution Max - $40,000 Kane County Contribution Toward 50% Workplace Program 50% Match Total Project Costs EVSE 2 - DC FC $31,225.00 $31,225.00 $62,450.00 Install 2 - DC FC (Verdek, Steed, Garkane Energy) $25,909.59 $25,909.59 $51,819.18 EVSE 1DC FC 7 Level 2 $34,792.50 $34,792.50 $69,585.00 EVSE Power Cord 7 Level 2 $100.00 $100.00 $200.00 Install 1 - DC FC 7 Level 2 $45,775.00 $12,258.91 $22,645.00 $10,871.09 $91,550.00 Warranty/ Networking 2 - DC FC $17,355.00 $17,355.00 $34,710 Warranty/ Networking 1 - DC FC 7 Level 2 $12,322.50 $12,322.50 $24,645.00 Total Costs $167,479.59 $104,286.00 $ $40,000.00 $23,591.65 $334,959.18 Page 11 Option 2 not allow Workplace Program reimbursement for 50% of networking and warranty costs. units and installation located at the same project site to be used toward the 50% match for the purchase and installation costs and up to 100% of networking and warranty costs up to $104,286. As applied under the Workplace Program, no networking or warranty costs will be reimbursed to Kane County. DAQ notified Commissioner Chamberlain that warranty and networking costs of $24,645 were ineligible costs under the Workplace Program. In addition, Kane County must cover the $34,710 costs to purchase, install, a contribution. Page 12 Option 2 - Combining Workplace Project and Volkswagen Project Workplace Program up to 50% funding assistance for purchase and installment costs of each EVSE No Workplace Funding for networking, and warranty costs Workplace Program Funding Max - $176,398.62 Volkswagen Trust Funding Max - $104,286 UDOT Contribution Max - $40,000 Kane County Contribution For Ineligible Costs Total Project Costs EVSE 2 - DC FC $31,225.00 $31,225.00 $62,450.00 Install 2 - DC FC (Verdek, Steed, Garkane Energy) $25,909.59 $25,909.59 $51,819.18 EVSE 1DC FC 7 Level 2 $34,792.50 $34,792.50 $69,585.00 EVSE Power Cord 7 Level 2 $100.00 $100.00 $200.00 Install 1 - DC FC 7 Level 2 $45,775.00 $12,258.91 $5,290.00 $28,226.09 $91,550.00 Warranty/ Networking 2 - DC FC ineligible $34,170.00 $34,710 Warranty/ Networking 1 - DC FC 7 Level 2 ineligible $24,645.00 $24,645.00 Total Costs $137,802.09 $104,286.00 $40,000.00 $53,269.15 $335,955.30 Page 13 ATTACHEMENT B Summary of Timeline The following is a timeline of events for the Kane County EVSE project: December 18, 2019: UDOT was awarded $1,043,623 as part of the VW Trust program. The UDOT VW Eligible Mitigation Action Financial Assistance Agreement allocated $104,286 to purchase and install two DC Fast Chargers at the Kanab Civic Center. In the agreement, UDOT commits to contributing $40,000 to the Kanab Civic Center chargers. April 22, 2020: Tim Ularich, UDOT (now retired), applied for Workplace Program funding on behalf of Kane County. The following are relevant details application: o A cover letter to the application for the Workplace Program from Brent Chamberlain, County Commissioner for Kane County, indicated that the proposed site was awarded funds from the VW Trust program, and that they would like to leverage that funding to expand the site to include an additional DC Fast Charger and Level 2 charging. Trust funding as the match, but to initiate the installation of chargers. o On page 2 of the Workplace Application it indicates that currently available grant match is coming from a project that is ready to be installed under the VW Mitigation Grant for $144,448. The placement of this information was in the additional locations , which was an indication to DAQ staff that this was a separate project in a different location. o The budget table on page 3 shows that Kane County had requested $219,172 from the Workplace Program and showed that Kane County would be paying $144,448, which led DAQ staff to believe that Kane County was planning on cost-sharing for eight of the EVSE units; however, Kane County provided information for all 10 EVSE units in their application. o Kane County also provided DAQ with two bids. Each bid listed seven dual-port, Level 2 EVSE units and three DC Fast Chargers. These bids listed them as a quote for Kane County, which led DAQ to believe that the three DC Fast Chargers and seven dual-port, Level 2 EVSE units were going to be paid fully by Kane County; however, the bids included the two UDOT DC fast chargers being funded by the VW Trust. April 23, 2020: DAQ emailed Tim Ularich, UDOT, and Commissioner Brent Chamberlain explaining that their application was reviewed and noted that the Workplace Program could not fund all of their request. DAQ determined the maximum award for their project was $176,398.62. The award amount was determined by assuming Kane County was going to pay 50 % of the costs. This amount unknowingly included 50% of the costs already funded under the UDOT Volkswagen Agreement. Here is the email text: Page 14 Tim and Brent, I hope you are well. I was able to review your application for your proposed project. I had noted that you had required $219,172; however, the most that this program can award is $176,398.62. Which is a delta of $42,773.38. Please let me know if you have any questions or concerns. Here is a breakdown of how I came up with the award amount. Kane County provided two bids for EVSE and Installation: 1) ChargePoint at $417,334 and Verdek at $339,471,61. Because Verdek is the lowest bid we used them to calculate the award amount. In Verdek's bid they included items that are not eligible under this program (Warranty and Networking). I removed these costs from the bid ($339,471.61-3500-1850-2975-2500= $328,646.61). In addition, Garkane Energy indicated that the project would require an electrical upgrade of $24,150.62. This is an eligible cost, it was added to Verdek's bid for a total eligible costs of the project of $352,797.23 ($328,646.61+$24,150.62=$352,797.23). Then the total eligible costs of the project were divided by 2, which gives us $176,398.62 ($352,797.23/2=$176,398.62). April 23, 2020: Received an email from Brent Chamberlain saying: Matt, thank you for your getting this together. Please go forward with a contract. I'll have to figure out where our share will come from, but lets get the process started. April 23, 2020: created an agreement with the assumption that Kane County would be the purchaser of all the installation and EVSE units of the proposed project. The agreement includes a provision that to be reimbursed and receive funding assistance Kane County would need to provide a final purchase invoice that includes them as purchaser (Section III.C.1.c. of the final agreement). May 28, 2020: The Workplace Program Agreement became effective and was sent via email to Brent Chamberlain and Tim Ularich on June 1, 2020. (Kane County voluntarily entered into the Workplace Program Agreement on May 27, 2020.) May 11, 2021: Kane County submitted a request for payment in the amount of $185,980, over the maximum $176,398.62 allowed under the Workplace Agreement, that included: o Unlabeled pictures of the installed EVSE units (three DC Fast Chargers and fseven dual-port, Level 2 EVSE Units); o The chart from the budget table; o Usage chart; o Workplace Program application that was submitted on April 22, 2020; o Map showing the location of the EVSE units; o Finalized agreement; o Paid invoice from Garkane Energy showing UDOT as the payer; Page 15 o Table showing UDOT EVSE project plan for the VW Trust; o Statement from UDOT showing that they paid $120,049.60 to Verdek for two DC Fast Chargers and their installation. In addition, UDOT paid $25,146.75 to Garkane Energy for the lectrical upgrades; and o Paid invoice from Verdek for one DC Fast Charger, seven Dual-port Level 2 EVSE units, installation, networking, warranty, and shipping costs. The total invoice was $186,905 and shows Kane County paid for these items. May 12, 2021: Mat Carlile emailed Kane County requesting additional information in order to complete their request. This email included the following requests: o An explanation for why the site map shows two chargers on the dirt track (Model: CC 2-4 Serial # 20174012388 and Model: CC2-7, Serial #201741012421). There was concern that the two were misplaced. Confirmation of the location was requested. o A request for specifying the model and serial numbers in the provided photos. o A request for the start date of the project and clarification for when the chargers were placed into service. o A request for a description of the equipment usage. o Notification that certain submitted costs were ineligible. The contents from the email are as follows: The information that you provide shows that Kane County paid for seven dual-port Level 2 EVSE Units and one DC Fast Chargers and installation for $186,905. This invoice included costs that are ineligible for reimbursement (Warranty and Networking costs) and have you showed shipping costs. Total reimbursement for this invoice is $80,667.50 ($186,905-$11,690-$2,955-$10,000- $925=$161,237.50/2=$80,667.50). You also provide an invoice from UDOT showing that they paid for two DC Fast Chargers, installation of those units ($120,049.60), and electrical upgrades ($4,778.95+$25,146.75=$29,925.70). Because UDOT paid for these costs, they are not reimbursable costs to Kane County. UDOT is seeking reimbursement for this portion of the project through the VW Trust Fund, which I have received. We can only reimburse Kane County for the amount Kane County paid. In order to be reimbursed for the two DC Fast Chargers, you would need an invoice showing that Kane County was the purchaser and also provide proof that Kane County paid for the items. May 17, 2021: Kane County reply to the May 12, 2021 email: o The picture that you attached is the map that shows where each of the chargers are located model #. This is an old GIS map and so the two showing on the dirt track are really where they sit in the new parking lot. You do have a photo of each charger and the map also has the model and serial numbers on it. o The money from the Volkswagen law suit is the matching funds for Kane County on this project. We were just supposed to show that we have that Page 16 portion of the project paid for by private money. Ie match for Kane County, therefore by your own calculations we have paid out 120,049.60. o The start date is December 19, 2019 o Yes, they were put into service on December 9, 2020 o We estimate 6- 10 hours daily per unit. o As you agreed in Item 3 2 the Volkswagen trust fund paid $120,049. All parties agreed in the beginning that this Volkswagen money was private money So, we are confused as to why there is a question about the match. This is well more than 50% of the S185,980. As for the warranty and networking, that was agreed in the beginning of this project with Tim. 195 North 1950 West Mailing Address: P.O. Box 144820 Salt Lake City, UT 84114-4820 Telephone (801) 536-4000 )536-4099 (801) 536-4284 www.deq.utah.gov Printed on 100% recycled paper State of Utah Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF AIR QUALITY Bryce C. Bird Director SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor DAQP-060-21 July 20, 2021 Commissioner Brent Chamberlin 76 North Main Street Kanab, Utah 84741 Lyle McMillan, MBA SR/WA Director, Strategic Investments Utah Department of Transportation 4501 South 2700 West, Box 143600 Salt Lake City, Utah 84114-3600 Dear Commissioner Chamberlain and Director McMillan, The Utah Division of Air Quality (UDAQ) would like to thank you and commend you for seeking funding assistance to provide public access to electric vehicle supply equipment (EVSE) in Kane County. Your efforts to increase EVSE availability in your community has particular value to the , monuments, and other natural wonders. In an effort to provide maximum funding assistance for your project, the UDAQ completed its assessment of the requirements for the Volkswagen Diesel Emissions Environmental Mitigation Trust Agreement (Volkswagen Trust) and for the 2019 Electric Vehicle Charging Program (or Workplace EVSE Program) in relation to the separate EVSE funding assistance requests. Based on our assessment, by formally combining the ten EVSE units installed at the Kanab Civic Center into a joint project, the available funding assistance from the Workplace EVSE Program could increase. Although, the award amount from the Volkswagen Trust remains the same, the funding assistance could be applied differently to increase the Workplace EVSE Program funding. Additionally, notwithstanding that the application states otherwise, UDAQ will authorize the Workplace EVSE Program to provide funding assistance or reimbursement for up to 50% of warranty and network costs for all ten EVSE units. Thus, within the constraints of the two programs and verification of eligible costs, if the ten EVSE units are combined into a joint project (Project), (1) the UDAQ could authorize Workplace EVSE Program funding assistance for up to 50% of eligible EVSE, installation (including electrical upgrades), warranty, and networking costs, (2) the UDAQ will also reauthorize up to $104,286 in Volkswagen Trust funding assistance for costs not reimbursed under the Workplace EVSE Program, (3) the Utah Department of DAQP-060-21 Page 2 Transportation (UDOT) will be responsible for its original $40,000 contribution to the joint Project, and (4) Kane County will be responsible for the remaining project costs. If you choose to combine the projects, the following must occur to document and maximize the eligible funding request: 1. Please submit a joint letter signed by both UDOT and Kane County. At a minimum, the letter should: Clarify and request that the Division formally combine the three DC fast EVSE units and seven dual-port Level 2 EVSE units into a single Project installed at the Kanab Civic Center and request funding assistance under the Workplace EVSE Program for all ten EVSE units included in the Project; the Workplace EVSE Program; State that the information included in your letter updates and replaces any Vehicle Charging Funding Assistance Program, signed by Brent Chamberlain on Charging Infrastructure Grant Application, signed by Tim L. Ularich on November 30, 2018, and (3) any past correspondence with the Division; Request the Division amend the Workplace Vehicle Charging Program Agreement Between Kane County and State of Utah, Division of Air Quality, #203537, effective May 28, 2020 (Workplace Agreement), and the Volkswagen Eligible Mitigation Action Agreement Between State of Utah, Department of Transportation and State of Utah, Department of Environmental Quality, #201217, effective December 18, 2019 (VW Agreement), to maximize the amount of funding assistance that the Division may provide under the Workplace EVSE Program; Rescind all requests for reimbursement under (i) the Volkswagen Trust for only the EVSE installed at the Kanab Civic Center and (ii) Workplace EVSE Program, noting that reimbursement requests will be resubmitted after new agreements are entered. You should be advised that the Division may only reimburse for eligible costs up to the prices specified in the Verdek LLC, State of Utah Cooperative Contract, #AR2842. As a State vendor, Verdek should be willing to correct its invoiced prices to reflect contract #AR2842. 2. Please sign and submit the certifications attached to this letter that certify: a. UDOT agrees to (i) transfer its two EVSE installed at the Kanab Civic Center, including associated networking and warranty packages, to Kane County at no cost, and (ii) amend its VW Agreement; and separately DAQP-060-21 Page 3 b. Kane County agrees to (i) accept, operate, and maintain the two EVSE installed by UDOT at the Kanab Civic Center for a minimum of five years with full access by the public and its employees, (ii) ensure project data will be available to UDOT and the Division, and (iii) amend its Workplace Agreement. Please be aware that if you decide to pursue formally joining the Project, UDAQ will prioritize Please contact Mat Carlile at 385-306-6535 or mcarlile@utah.gov if you have any questions related to this matter. Sincerely, Bryce C. Bird Director BCB:RNC:MC:jf