DEKALB COUNTY SCHOOL DISTRICT Phase 2 EV Chargers (1)

Proposal for
DEKALB COUNTY
SCHOOL DISTRICT
DeKalb County School District Phase 2 EV DC
Fast- 1780 Montreal Road


Monday, May 5, 2025




DEKALB COUNTY SCHOOL DISTRIC - DeKalb County School District Phase 2 EV DC Fast- 1780 Montreal
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          Proposal
241 Ralph McGill Blvd. NE
Power Services BIN 10210
Atlanta, GA 30308
770-550-5370


Monday, May 5, 2025


DEKALB COUNTY SCHOOL DISTRICT
Demetrice Mott
Facilities Maintenance Manager


Re: DeKalb County School District Phase 2 EV DC Fast
Charger- 1780 Montreal Road
Georgia Power Company is pleased to offer you our proposal to provide the following turnkey
EV charging phase #2 design, and procurement service for two (2) dc fast ChargePoint
Express 250 stations at 62.5kW each, in the parking lot located at 1780 Montreal Road,
Tucker, Georgia 30084.

Scope of Work:
   •    Infrastructure and circuit installed by EV Make Ready or the Power Services Group with Georgia
        Power
   •    Procurement, freight, Installation and commissioning of two (2) ChargePoint Express 250 dc fast
        charging stations at 62.5 kW
   •    Procurement and installation of two concrete bases.
   •    Procurement and installation of four (4) bollards. Two bollards per charging station location.

EV Charging Equipment and Installation Services:

Number of Chargers: Two (2)
        o CPE250 comes with two (2) charging cables but can only charge one vehicle at a time.
        o Managed Parking Spaces: Two (2)
        o Capacity: 62.5kW per charger
        o Cable Length: 14 ft. (2)
Network Solution - Utilizes ChargePoint’s CPCLD-Power-DC-5 cloud-plan network
        o Basic Fleet Vehicle Management
        o 24/7 remote technical support
5-year ChargePoint Assure Warranty
        o Full parts and labor warranty, covers repairs and replacements during the warranty period

Exclusions:
       1. Private locates.
       2. Damages to unmarked private utilities.
       3. Removal, damage, restoration, or replacement to driveways, culverts, sidewalks, curbs, sod,
          bushes, trees, rock or slag, landscaping, unmarked private utilities, fencing, drains, fields,
          playing surfaces, etc.

DEKALB COUNTY SCHOOL DISTRIC - DeKalb County School District Phase 2 EV DC Fast- 1780 Montreal
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                           The total price is $99,938.00 taxes excluded
             Notes:
             o   Additional fees for GPC regulated facilities, easements, ingress and egress, environmental permitting,
                 utility locates etc. are not included in the price above.

             o   Utility Services not responsible for damages Resulting from “pre-existing conditions”

             o   This price does not include any regulated charges.


This offer is valid for thirty days or until earlier revoked by Georgia Power Company, and it is
made in accordance with and subject to the terms and conditions attached hereto. Such terms
and conditions are expressly incorporated by reference into this letter and shall be binding on
the parties.

This proposal is subject to, and is pending final approval by Georgia Power management
subsequent to customer acceptance.

If you wish to accept this offer and the terms and conditions of this letter, please indicate your
acceptance by signing below and returning this letter to me at your convenience.

Thank you again for allowing us the opportunity to present our proposal. We are very eager to
serve your system needs and look forward to hearing from you soon.

Sincerely,

Tammy Harrington
Power Services - Georgia Power Company
Phone – 770-550-5370 - Email – TJHARRIN@southernco.com


The undersigned unconditionally agrees to engage Georgia Power Company to perform the
Project and to purchase the equipment and/or services described above from Georgia Power
Company on and subject to the terms and conditions of this letter agreement.


DEKALB COUNTY SCHOOL DISTRICT                                    GEORGIA POWER COMPANY

By:                                                              By:


Name:                                                            Name:



Title:                                                           Title:


Date:                                                             Date:

Attachments: - Terms and Conditions

DEKALB COUNTY SCHOOL DISTRIC - DeKalb County School District Phase 2 EV DC Fast- 1780 Montreal                    Page 2
                                                 TERMS AND CONDITIONS


1.   THE TERMS SPECIFIED HEREIN TAKE PRECEDENCE OVER AND SUPERCEDE ANY CONFLICTING OR
     DIFFERENT TERMS SET FORTH IN ANY NEGOTIATIONS, AGREEMENTS, DISCUSSIONS OR
     CORRESPONDENCE BETWEEN THE PARTIES.

2.   These Terms and Conditions, and the letter agreement attached hereto (collectively, the “Agreement”), constitute
     the entire agreement between Georgia Power Company (the “Company”) and the customer (the “Customer” and,
     collectively with the Company, the “Parties”) as to the subject matter hereof, and no modification shall be binding
     unless in writing and signed by each of the Parties.

3.   The Customer acknowledges that the Company is not the manufacturer of any of the equipment or materials
     furnished to Customer pursuant to this Agreement, and that the Company shall not be liable for claims arising out
     of the manufacture or design thereof.

4.   The Company will perform the Project work in a professional and workmanlike manner with a reasonable degree
     of care, skill and diligence and in accordance with this Agreement. If the performance of any portion of the Project
     fails to comply with these requirements, and the Customer gives written notice of such failure to the Company not
     later than one (1) month following the completion of the Project, then, to the extent necessary to cure such failure,
     the Company shall repair, replace, or reperform, at its option, the affected portion of the work at no additional cost
     to the Customer.

5.   THE ONLY WARRANTY CONCERNING THE PROJECT (OR ANY GOODS, EQUIPMENT, MATERIALS OR
     SERVICES INCLUDED THEREIN) IS SET FORTH IN ABOVE PARAGRAPH 4. THE COMPANY DOES NOT
     MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY
     IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
     APPLICATION, OR OTHERWISE, WITH RESPECT TO THE PROJECT (OR ANY EQUIPMENT OR OTHER
     GOODS OR MATERIALS OR SERVICES THEREIN) FURNISHED PURSUANT TO THIS AGREEMENT. THERE
     ARE NO WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY
     WARRANTY AS TO NONINFRINGEMENT.        THE COMPANY SHALL HAVE NO OBLIGATION OR
     RESPONSIBILITY FOR OR WITH RESPECT TO ANY WARRANTY PROVIDED BY THE MANUFACTURER OR
     ANY THIRD PARTY SUPPLIER OF ANY EQUIPMENT, PARTS OR OTHER MATERIALS PROVIDED
     PURSUANT TO THIS AGREEMENT.

6.   UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INDIRECT, SPECIAL,
     CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT,
     NEGLIGENCE OR ANY OTHER LEGAL THEORY, UNDER ANY CLAIM ARISING OUT OF OR CONNECTED
     IN ANY WAY WITH THIS AGREEMENT, ANY PRODUCTS OR SERVICES FURNISHED PURSUANT TO THIS
     AGREEMENT, OR THE SALE, DELIVERY, INSTALLATION OR USE THEREOF. THE PARTIES FURTHER
     AGREE THAT THE LIABILITY OF THE COMPANY UNDER ANY AND ALL CLAIMS ARISING OUT OF OR
     CONNECTED IN ANY WAY WITH THIS AGREEMENT, ANY SERVICES OR EQUIPMENT FURNISHED
     PURSUANT TO THIS AGREEMENT, OR THE SALE, DELIVERY, INSTALLATION OR USE THEREOF,
     WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY,
     SHALL IN NO CASE EXCEED, IN THE AGGREGATE, THE CONTRACT PRICE OF THIS AGREEMENT.

7.   The Company shall not be liable for delays in the work or delivery, or failure to deliver, due to (1) causes beyond
     its reasonable control, (2) acts of God, acts of civil or military authority, priorities, fires, strikes, floods, epidemics,
     war, riot, delays in transportation or car shortages, or (3) inability of the Company or any supplier due to causes
     beyond its reasonable control to obtain necessary labor, equipment, materials, components, or manufacturing
     facilities. In the event of any such delay, the date of installation or performance or related services shall be
     extended for a period equal to the time lost by reason of the delay. The consent of the Customer to installation of
     any such equipment furnished hereunder is understood to constitute a waiver of all claims for damages by reason
     of delay.




DEKALB COUNTY SCHOOL DISTRIC - DeKalb County School District Phase 2 EV DC Fast- 1780 Montreal                            Page 3
8.   To the fullest extent permitted by law, the Customer shall indemnify, defend and hold harmless the Company and
     its officers, directors, employees, affiliated companies, contractors, agents, successors and assigns (collectively,
     the “Indemnitees”) from and against any and all losses, liabilities, claims, damages and expenses (including
     investigation costs, expenses of litigation and reasonable attorneys’ fees) incurred or suffered by any Indemnitee,
     whether or not involving third party claims and whether or not caused in part by the active or passive negligence
     of any Indemnitee (collectively, “Damages”), arising, directly or indirectly, from or in connection with the Customer’s
     electric distribution system or the operation, use, malfunction, failure or defect thereof or the Project, except for
     any Damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole
     negligence or willful misconduct of any applicable Indemnitees or their agents or employees in the performance of
     the Project.

9.   Payment to the Company for the Project in the amount set forth in this Agreement shall be made by the Customer
     within thirty (30) days after the Customer’s receipt of an invoice with respect to the Project. Accounts with open
     balances more than thirty (30) days old are subject to a late payment finance charge. The late payment finance
     charge is computed at a “periodic rate” of 1.5% per month applied to the net balance past due at the end of the
     billing period, after deducting payments and/or credits given. Any partial payments received on past due accounts
     shall be applied first to the payment of finance charges due and then to the oldest past due invoices. Late payment
     finance charges can be avoided by paying the current open balances within thirty (30) days from the date of the
     invoice. In the event the finance charges assessed hereunder exceed the maximum allowed by law, the finance
     charges shall be assessed at the highest legal rate. If the Company shall employ counsel to collect amounts due
     from the customer, then the Customer shall pay to the Company all attorneys’ fees paid to collect the balance.

10. To secure the payment in full of all amounts payable by the Customer hereunder, the Customer hereby grants to
     the Company a purchase money security interest in and security title to all equipment, parts, and other materials
     provided or installed by the Company pursuant to this Agreement and all proceeds from their sale or disposition.
     The Customer agrees to execute such financing statements and other documentation as may be requested by the
     Company in order to protect and perfect the security interest granted herein. The Customer further authorizes the
     Company to file any financing statements and other documentation in order to protect or perfect such security
     interest with or without the Customer’s signature.

11. Georgia Power Company will make every effort to locate existing underground utilities, however the Customer
     assumes full responsibility for, and all liabilities and costs associated with, (a) the location of underground utilities
     at the site of the work, (b) any relocation or removal of underground (including but not limited to rock) or overhead
     obstructions which are not part of the Company’s scope of work and which may interfere with or make more
     expensive the work, (c) any pre-existing, unknown condition which prevents or makes more expensive the
     performance of the Work, (d) permits and required notifications to any governmental entity, and (e) any hazardous
     waste or toxic materials encountered at the site.

12. This Agreement has been entered into in the State of Georgia, and shall be governed by and construed in
     accordance with the laws of the State of Georgia. Any legal action or proceeding arising under or in connection
     with this Agreement or the equipment or materials furnished hereunder shall be brought only in state or federal
     courts located in Fulton County in the State of Georgia, and each of the Parties hereby irrevocably consents to the
     jurisdiction and exclusive venue of such courts and waives any objection which it may now or hereafter have to
     the jurisdiction or venue of such courts.

13. If for any reason any provision of this Agreement is determined to be invalid or unenforceable, such invalidity or
     unenforceability shall not affect those provisions of this Agreement which are valid and enforceable.

14. The Customer shall not, without the prior written consent of the Company, assign any of its rights or obligations
     under this Agreement; provided that the Customer may assign its rights and obligations hereunder to a lender or
     finance lessor in connection with a leasing or other financing arrangement approved by the Company. No such
     assignment to a lender or finance lessor shall relieve the Customer of any of its obligations hereunder.

15. If the Customer believes that all or any part of the Project work is entitled to tax exempt status, the Customer will
     furnish to Company, contemporaneously with the Agreement execution, documentation sufficient to prove its tax
     exempt status, and the Customer will assume full responsibility for satisfying all tax exempt requirements.




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