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HomeMy WebLinkAbout8.1 Community Charging Program Request from Dublin Chevrolet 2 Agenda Item 8. I Ile STAFF REPORT DUBLIN CITY COUNCIL CALIFORNIA DATE: February 21, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: Community Charging Program Request from Dublin Chevrolet Prepared by: Jordan Foss, Management Analyst II, and Andrew Russell, Public Works Director EXECUTIVE SUMMARY: The City Council will consider a request from Dublin Chevrolet to provide electric vehicle charging stations to the City through the General Motors Dealer Community Charging Program. STAFF RECOMMENDATION : Receive the report and take the following actions: 1) Authorize the City Manager to negotiate and enter into an agreement with Dublin Chevrolet to provide electric vehicle (EV) charging stations at a City of Dublin facility, subject to conditions, through the General Motors Dealer Community Charging Program; and 2) Authorize the City Manager to enter into a service agreement with FL0 for EV charging services. FINANCIAL IMPACT: Based on conversations with the vendor, Staff expects that approval of the agreement and allowing the installation by Dublin Chevrolet of EV chargers will result in minimal financial impact to the City.Any additional unforeseen costs would be addressed through the City's Electric Vehicle Charging Stations Project (No. GI0219) in the adopted Capital Improvement Program (CIP).At the end of the five years,the City would assume maintenance and operation of the chargers. Certain ongoing costs would be offset by revenues received from fees charged to users of the charging stations. Page 1 of 5 199 DESCRIPTION : Background On September 15, 2020,the City Council adopted the City of Dublin Climate Action Plan 2030 and Beyond (CAP 2030). CAP 2030 includes five strategies and 22 associated measures to reduce greenhouse gas (GHG) emissions to 40% below 1990 levels by 2030 and to put the City on the path to reach carbon neutrality by 2045. Reducing GHG-emissions from transportation is essential since transportation accounts for 60% of total GHG emissions in Dublin. CAP 2030, Measure SM-2, Develop an EV Infrastructure Plan, includes a goal to add 184 new publicly accessible EV chargers in Dublin by 2030 to meet the CAP 2030 goal of 33% EV ownership in Dublin by the same date. Staff is in the initial phase of developing the EV Infrastructure Plan to determine the optimal locations for and types of charging stations,the preferred ownership and maintenance model, and other factors to consider as EV infrastructure is built. Electric Vehicle Chargers EV chargers, also known as Electric Vehicle Supply Equipment (EVSE), are currently categorized as Level 1, Level 2, or Level 3. Level 3 chargers are also referred to as Direct Current (DC) Fast Chargers. The levels are defined by the operating voltage,which, along with the available electric current, determines how much power the charger can provide. The differences are illustrated below. • • • DC Fast AC Level One AC Level Two Charge VOLTAGE VOLTAGE VOLTAGE 120V 1-Phase AC 208V or 240V 1-Phase AC 208V or 480V 3-Phase AC AMPS AMPS AMPS 12-16 Amps 12-80 Amps (Typ. 32 Amps) >100 Amps CHARGING LOAD CHARGING LOAD CHARGING LOAD 1.4-1.9 kW 2.5-19.2 kW (Typ. 6.6 kW) 50-350 kW CHARGING TIME CHARGING TIME CHARGING TIME 3-5 Miles per Hour 12-60 Miles per Hour 60-80 Miles in 20 Minutes The City currently has 17 publicly accessible EV chargers and has plans for an additional 15 to be installed this year at The Wave and Dublin Sports Grounds in accordance with the adopted Capital Improvement Program (Project No. GI0219).Additionally, certain City facilities have been constructed with infrastructure (conduits, pull boxes, and electrical panel capacity) that facilitates future EV charger installation.All existing and currently planned City EV charging stations are ChargePoint chargers and require users to use a ChargePoint account or app for service. The City's Page 2 of 5 200 inventory of current, planned, and potential future publicly accessible EV chargers is summarized in the table below: City of Dublin Publicly Accessible EV Chargers Number of Level 2/Level 3 EV Chargers Location Existing Planned Future Capacity Civic Center Parking Lot* 0/0 8/0 0/0 Cultural Arts Center 0/0 0/0 1/0 Don Biddle Community Park 0/0 0/0 18/0 Dublin Sports Grounds 0/0 5/2 20/11 Fallon Sports Park 3/0 0/0 0/0 Heritage Park 4/0 0/0 0/0 Library 3/0 0/0 0/0 Public Safety Complex 5/0 0/0 0/0 Shannon Center 2/0 0/0 0/0 Wallis Ranch Community Park 0/0 2/0 0/0 Emerald Glen Park- The Wave 0/0 8/0 2/0 Total Existing&Planned 17/0 23/2 41/11 * - Civic Center Parking Lot improvements are currently in design and the number of planned and future EV chargers is subject to change depending upon available electrical capacity. Dublin Chevrolet Request In mid-December 2022, Staff was contacted by Dublin Chevrolet regarding their interest in installing EV charging stations in the community, particularly at a City of Dublin facility. In mid- January, Dublin Chevrolet provided additional information about their interest, which stems from the General Motors (GM) Dealer Community Charging Program. The GM Program was announced in late 2021 and seeks to install up to 40,000 Level 2 EV charging stations across the United States and Canada.According to an October 26, 2021 GM press release: "Through the Dealer Community Charging Program, GM will work with its dealers to deploy Level 2 charging stations (EVSE) at key locations in the dealer's respective communities, including workplaces, multi-unit dwellings, sports and entertainment venues and college and universities, among others. These stations will be available to all EV customers, not just those who purchase a GM EV." Dublin Chevrolet has requested the City of Dublin allow installation of Level 2 chargers, made by FLO, at a City facility as part of the GM Program and in accordance with the GM Dealer Community Charging Guidelines (Attachment 1). Significant elements about Dublin Chevrolet's request are as follows: • Quantity of Chargers - Up to 10 Level 2 FLO chargers (five dual-charger pedestals) • Deadline for Installation -June 30, 2023 • Branding- Chargers include GM and Dealership Branding and must be approved by GM Page 3 of 5 201 • Charger Location - GM Approval and Dealer/Site Host Agreement Required • Maintenance & Operation - Dealer provides first five years, Site Host responsible thereafter • Electricity- Provided by Site Host • Charging Fees - Determined by Dealer, Site Host with FLO service agreement • Insurance - Site Host maintains general commercial liability at$1,000,000 per occurrence • Data Collection - GM may collect and share data supplied from the chargers Sample FLO Level 2 Charging Station & Branding Panel —i—i —7 ft Approx. total height —5 ft Installation Deadline In accordance with California State Electric Vehicle Supply Equipment Standards, Level 2 chargers installed on or after July 1, 2023 shall have a credit card reader device on or near the charger that accepts credit card payment, and the charging service provider shall not require a subscription or membership to initiate a charging session. The FLO chargers provided in the GM Program do not have credit card readers. Therefore, the FLO chargers provided through an agreement with Dublin Chevrolet must be installed prior by June 30, 2023. GM has indicated that they have FLO chargers in stock and ready to ship. They estimated that it will require at least 10 business days to process an order, including printing dealer branding panels, and another 10 business days to ship the charger to the dealer. Before processing an order,the City and Dublin Chevrolet would need to enter into an agreement to allow the FLO chargers to be installed on City property. Charger Location Given the deadline of installation by June 30, 2023,the only City location that can accommodate the GM Program is Don Biddle Community Park,which has electrical panel capacity and conduit runs to accommodate up to 18 Level 2 chargers. Fourteen chargers can be accommodated in the parking lot along Horizon Parkway, in the northwest corner of the park. Four chargers can be accommodated in the parking lot along Columbus Street, near the El Dorado Lane driveway. Page 4 of 5 202 Electricity and Fees As Site Host, the City would be responsible for the electrical service to the chargers and the additional electricity used will be paid as part of the park's overall energy bill. Fees collected from charger users can offset the cost of electricity and other charger ownership and maintenance costs. The City of Dublin Master Fee Schedule sets the EV charging station fee at$0.32 per kilowatt hour (kWh),which is approximately the current rate the City is paying for electricity. The GM Program allows the Site Host to collect fees for charging services, in accordance with a service agreement with FLO. The agreement terms currently include a 15% transaction fee that FLO collects from the customer. The remaining fee collected would then be distributed to the City quarterly as revenue. Charger Installation and Construction The GM Dealer Community Charging Guidelines (Attachment 1) indicates the Dealer is responsible for the cost of the chargers, which GM says is $4,502 per dual-charger pedestal. This equates to a Dealer cost of$22,510 for five dual-charger pedestals, the maximum the GM Program will deliver to the Dealer. The GM Program requires the Dealer to work directly with the Site Host to negotiate and execute an agreement for placement of chargers on the Site Host's property. The GM Program Guidelines are flexible regarding the party responsible for the installation of the charger. The Dealer or the Site Host can be responsible for the permitting, inspection, and installation of the chargers. Based on preliminary conversations with Dublin Chevrolet, Staff expects that City costs would be limited to staff and City Attorney time negotiating and finalizing the agreement. The costs of plan preparation, design, permitting review,bidding, construction management, inspection permitting, and construction would be borne by the dealer. Should any additional, unforeseen costs arise from the project, Staff would utilize the budget provided in the Electric Vehicle Charging Stations Project,which is funded by the General Fund Reserve for Innovations/New Opportunities. STRATEGIC PLAN INITIATIVE: Strategy 3: Infrastructure Maintenance and Reinvestment Objective 3E: Continue to implement measures identified in the Climate Action Plan. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) General Motors Dealer Community Charging Guidelines Page 5 of 5 203 Attachment I Dealer Community Charging Guidelines m Table of Contents 2022 Dealer Community Charging Program Introduction........................................................................3 ProgramGoal.............................................................................................................................................3 ProgramOverview...................................................................................................................................3 ProgramEligibility...................................................................................................................................4 ProgramEnrollment................................................................................................................................4 Dealer Community Charging Online Enrollment Process............................................................4 SiteSubmission and Approval..............................................................................................................4 Program Cost Responsibilities.............................................................................................................5 DealerParticipation Cost.......................................................................................................................6 ChargerDistribution................................................................................................................................6 Eligible Locations and Location Guidelines.....................................................................................7 Minimum Site Host Requirements......................................................................................................8 Indemnification for Claims related to Site Host Property..........................................................11 Cost for Install and Potential Electricity Upgrades......................................................................11 Dealer Community Charging Roles & Responsibilities..............................................................................11 InstallerQualifications...........................................................................................................................11 Marketingand Advertising..................................................................................................................12 204 ChargerSpecifications.........................................................................................................................13 ChargePoint Operator.........................................................................................................................14 Endof Program Life Details................................................................................................................14 Cancellation .............................................................................................................................................14 Reviewsand Audit..................................................................................................................................15 TaxLiability..............................................................................................................................................15 Amendments/Terminations................................................................................................................15 Dealer Suspension or Termination ...................................................................................................16 2 205 2022 Dealer Community Charging Program Introduction Program Goal By collectively combining investments from GM, our Dealers, and community stakeholders, the GM Dealer Community Charging Program is designed to deploy up to 40,000 AC Level 2 destination chargers at popular locations and workplaces in local communities over the next few years. The GM Dealer Community Charging Program ("DCC", "GM DCC" or this "Program") provides the following benefits for the areas surrounding Dealers that choose to participate: Accelerate charging infrastructure in publicly accessible areas within communities that lend to high dwell time (i.e. vehicles parked for a few hours or more) scenarios (e.g. sports/entertainment venues, campuses, hospitals, hotels, multi-unit dwellings, golf courses, country clubs, etc),with a focus on underserved areas, aka "charging deserts." Build on the relationships that GM Dealers have developed in their communities to grow charging infrastructure now to help accelerate EV adoption Participation in the GM Dealer Community Charging Program is VOLUNTARY for those Dealers with an active and executed Chevrolet or GMC Electric Vehicle Models Participation Agreement. Likewise,all Cadillac Dealers in compliance with Cadillac's EV readiness requirements are eligible to participate. Eligibility is determined in the sole discretion of GM. Program Overview Participating GM Dealers may be eligible to receive up to 10 AC Level 2 chargers. Each GM Dealer, as defined by BAC, may be eligible to receive up to 10 chargers depending on GM's remaining community charger inventory at the time a Dealer enrolls in the program. The chargers will be distributed on a first come, first serve basis, and every Dealer may not receive 10 chargers depending on charger availability. Eligible location (site host) guidance may be provided upon request to help Dealer target ideal locations for chargers within their assigned geography. This guidance will give general areas of higher dwell time within a Dealer's assigned geography, but Dealer will still need to receive express written approval from GM for the suggested location(s). The guidelines mentioned below in "Guidelines for ideal locations" will still need to be followed, despite the recommended locations. For example, there may be places within the suggested location that are not well lit, may not be visible from a road or parking lot, etc. The suggested locations simply imply that the desired dwell time for vehicles has been met, but could still be lacking in other requirements. 3 206 Approved third parties may take reasonable measures to ensure compliance with the Dealer Community Charging Program guidelines. GM reserves the right to amend, modify, suspend, or cancel this program in its sole discretion at any time. Program Eligibility Dealers with an active and executed Chevrolet or GMC Electric Vehicle Models Participation Agreement are eligible to participate in the GM Dealer Community Charging Program. Likewise, all Cadillac Dealers in compliance with Cadillac's EV readiness requirements are eligible to participate. The chargers will be allocated based on BAC, and each BAC will be eligible for up to 10 chargers, depending on availability at the time of enrollment. Dealers must be in compliance with all requirements to be eligible. Eligibility is determined in the sole discretion of GM. This program is VOLUNTARY, and each Dealer must determine whether it wishes to participate in the GM Dealer Community Charging Program itself. ri uy1 dill 6111 u11111C11_ The open enrollment period for the 2022 GM Dealer Community Charging program for Participating Chevrolet Dealers is September 12th - October 12th, 2022 (subject to change at sole discretion of GM). GM Dealers will receive a GM Global Connect message at the start of open enrollment. Dealers that wish to participate in the Program must complete the enrollment process. If you do nothing, you will not be enrolled in the DCC Program. NOTE: There is no enrollment fee to participate in the GM Dealer Community Charging Program at this time. Eligible Dealers that do not enroll during the 2022 GM Dealer Community Charging open enrollment period will still have an opportunity to enroll in the program during open enrollment periods in subsequent years. Please contact your Zone Manager, Electric Vehicle Operations Manager (EVOM), or Electric Vehicle Retail Manager (EVRM) for details on how to enroll after the open enrollment period concludes. Dealer Community Charging Online Enrollment Process To enroll in the 2022 Program during the open enrollment period,follow these steps: 1. Go to GM GlobalConnect 2. Login (using current GC login/password) 3. Click on the Dealer Community Charging app within Global Connect 4. Review the 2022 Dealer Community Charging Guidelines and check the box to accept terms Site Submission and Approval Pre-approval, by GM in writing, is required before Dealer can start the installation process with its site host. Dealer will need to have a written agreement with the site host to allow installation 207 of chargers to take place, and will upload its site host address(es) and business name(s) along with proposed charger location(s). Steps: 1. Go to GM GlobalConnect (link below) https://dealer.autopartners.net/portal/us/Pages/default.aspx 2. Login (using current GC login/password) 3. Click on the Dealer Community Charging app within Global Connect 4. Type in all required information, including site host address, business name, and contact information 5. Upload official Dealer logo for purpose of branding on the charger pedestal 6. Upload proposed location of chargers, including photos and number of chargers to be installed at that location 7. Submit for approval (Will be reviewed by the EV Operations Manager for Chevrolet, Buick/GMC and by the Dealer Performance Manager Team for Cadillac standalone stores. The Dealer Community Charging team will be the final reviewer before the site is officially approved.) Once site host and charger location have been approved, Dealer must enter into separate agreement with Flo, who is the charging station operator (CSO). The CSO agreement shall consist of payment for the pedestal(s), cable management,operations & maintenance and networking for the chargers (for 5 years), warranty for 3 years (Dealer may request to up the warranty period to a maximum of 5 years at additional cost, if desired), and Dealer branding as described in the "Dealer participation cost" section below. The payment shall be made to Flo. Other terms and conditions may be agreed upon between Dealer and Flo as necessary. Flo will not ship the chargers to the Dealer until Dealer has paid Flo for its portion of the cost. Dealer will be required to store the equipment until installation occurs. Dealer expressly consents and authorizes GM to use and share with third parties any data or other information submitted by Dealer to GM in connection with this Program for purposes reasonably necessary to the administration and operation of the Program as set forth in these guidelines. Program Cost Responsibilities See below for how program costs will be delegated: GM: GM will pay for the cost of the AC Level 2 charger and shipping to the Dealer location. Dealer: Dealer shall pay all costs associated with charger maintenance and connectivity to Flo for a period of five (5) years from the date of installation of the pedestal mount, 3 years of warranty (can extend warranty to 5 years at additional cost, if desired), cable management, and branding. See "Dealer participation cost" section for more details. Upon expiration of this five-year period, Dealer agrees that it will either execute a cost sharing agreement with the site host ensuring continuity of the charger for the remainder of its useful 5 208 life, or if Dealer does not have such an agreement in place, Dealer agrees that it is Dealer's sole responsibility to ensure the charger is maintained and in good working order for the remainder of its useful life (not to exceed 10 years). Dealer agrees to ensure removal of the charger should it no longer be maintained, or if it becomes inoperable for any reason. Dealer Participation Cost Each Dealer will be provided up to 10 chargers during the program, based on BAC code. Note: Please see Figure 3 for a picture of how the chargers will be configured at the site host location, shown in the dual side by side configuration (i.e., two chargers to one pedestal). Therefore, if a Dealer elects to get 10 total chargers,this will result in 5 dual side by side charging configurations. Each Dealer that elects to participate in the program will be solely responsible for the cost of each dual side by side pedestal. The estimated price for a single pedestal is shown below. If,for example, the Dealer elects to receive 10 total chargers, then the Dealer agrees that it will purchase 5 pedestals at 5 times the cost shown below. In addition to the cost of the pedestal(s), each Dealer that elects to participate in the program shall also be responsible for 5 years of global management services plus 3 years of warranty plus services for each dual side by side charging system,the cost of which is shown below. ✓ Core+ pedestal mount for chargers - $480 ✓ Core+ pedestal anchor kit - $96 ✓ Core+ bracket, side by side configuration (1 bracket per side - 2 total) - $250 ✓ Cable management system for wall and pedestal mount - $766 ✓ Dealer Branding (2 signs,front and back of pedestal) (Dealer will have ability to advertise on the pedestal per program guidelines.) - $330 ✓ Global management service for 5 years (i.e. charger networking & maintenance) (for 2 chargers on one pedestal, $300 per year) - $1,500 ✓ Warranty Plus for 3 years (for 2 chargers on one pedestal, $360 per year) - $1,080 Total Dealer participation cost = $4,502 per dual side by side pedestal. Therefore, for 10 chargers (i.e., 5 dual side by side pedestal charging stations),the total Dealer investment would be approximately $22,510. Payment for these costs will be made directly by each participating Dealer to Flo. Charger Distribution Each Dealer may be provided up to 10 chargers total for the duration of the program, based on BAC code and depending on community charger inventory. Dealers need to select an even number of chargers up to the 10 total (e.g. 2, 4, 6, 8, or 10). If demand exceeds supply for chargers, and if the Dealer receives less than the requested number of chargers,the Dealer may 6 209 enroll in the following year's open enrollment period to request the remaining balance of chargers, not to exceed ten (10) total chargers for the duration of the program. For example, if the Dealer requested a total of 10 chargers in an enrollment period, and the maximum number of chargers received is six (6) (e.g. due to increased charger demand, supply chain constraints, or any other factors), the Dealer will be able to request the remaining four (4) chargers during the next enrollment period the following year. The program is slated to run through 2025, but may be extended, modified and/or enhanced per GM discretion. Chargers shall be mounted in the dual pedestal format (i.e. two chargers to one pedestal). The minimum number of chargers for a selected location is two. Having at least two charging stations in any one location better promotes to customers that charging is available verses only having one standalone charger. Eligible Locations and Location Guidelines Dealers must select locations to install chargers only within their Area of Primary Responsibility (APR) for Single Dealer Area Dealers or in the Dealer's Area of Geographic Sales and Service Advantage (AGSSA)for Multiple Dealer Area Dealers. If the Dealer has more than one GM brand, then it will default to its smallest divisional AGSSA for Multiple Dealer Area Dealers. For example, if a Dealer has executed a Dealer Sales and Service Agreement for Chevrolet and another Dealer Sales and Service Agreement for Cadillac, and the Chevrolet AGSSA is smaller than its Cadillac AGSSA, the Chevrolet AGSSA will be the determining territory in which to choose an appropriate site host(s). A Dealer may not install the chargers it receives through the DCC program on Dealer premises, Dealer owned or affiliated businesses (without express permission of GM), or any location used exclusively for residential purposes. Note that this does not exclude locations designated for mixed use development (e.g., a building with ground floor retail and residential units on the higher floor). An exception may be granted for prominent multi-unit dwellings without ground floor retail, provided the building has high visibility and may be key locations in more urban settings. Recommended locations include, but are not limited to: Schools/Universities/Colleges Hotels Mixed use multi-unit dwellings Sports and entertainment venues Parks Grocery stores Shopping Malls Workplaces Golf Courses Country Clubs 7 210 Guidelines for Ideal Locations: Chargers must be in a well-lit area and easily accessible Must be compliant with the Americans with Disabilities Act (ADA) and provide appropriate accessibility. Must be visible from a road or parking lot (if chargers are placed in the back of a grocery store, stadium, &/or shopping mall, the chargers need to be visible. If the back of the location only has a small strip of asphalt,and no other throughput,or is backed by a visual barrier (e.g. fence), then that location wouldn't be eligible. If, however, the back of the building has wide visibility and accessibility,then the location may be acceptable.) Location should not have any non-DCC program chargers installed on the premises (e.g. Tesla Superchargers, other existing chargers). Note: If there are already chargers present at a site host location, an exception may be made on a limited basis in the sole discretion of GM. Chargers should ideally be placed in areas that don't currently have access to charging stations (aka "Charging Deserts"). Customer will ideally park his/her vehicle at these locations for a few hours or more. Dealer must ensure that such activity is permissible. Chargers will be set up in the dual pedestal format (e.g.two chargers to one pedestal) Ideal setup for the dual pedestal format includes having parking spaces that back up to a curb &/or grass area. See Figure 1 below for more details. Note: GM reserves the right to either approve or reject a site host submission at its discretion. The Dealer is solely responsible for complying with all applicable laws and regulations relating to sites,or advertising at locations. This includes any notice requirements required under state law. It is the responsibility of the Installer and the Site Host to obtain any necessary permit(s) or license(s) and assume liability for Dealers' participation. Note: Cooperation and collaboration with states, municipalities, and local utilities is encouraged to target best locations, provided they meet the criteria described above. Minimum Site Host Requirements Each participating Dealer shall work directly with the site host to negotiate and execute a written and mutually agreeable contract governing the placement of chargers on the site host's property ("Site Host Agreement"). The Site Host Agreement must include language substantially similar to the following terms: 1. For the period of time during which any charger provided in connection with the Dealer Community Charging Program is installed on the property of the Site Host, Site Host hereby grants an irrevocable license to General Motors LLC ("GM"), the GM Dealer, Charge Station Operator ("CSO"), and installer (CSO and installer may be the same entity) (collectively, "Licensees") permitting the Licensees, during reasonable hours, the right to enter, without notice, upon the 8 211 Site Host's property for any purpose related to the installation, inspection, repair, removal, and/or maintenance of any charger provided in connection with the Dealer Community Charging Program. 2. For the period of time during which any charger provided in connection with the Dealer Community Charging Program is installed on the property of the Site Host, the Site Host shall maintain commercial general liability insurance against personal injury, bodily injury, and property damage in an amount not less than $1,000,000 per occurrence. 3. Chargers shall be installed in the dual (side-by-side) format substantially similar to either Figure 1 or Figure 2 below. It is recommended, but not required that Site Host mark (e.g. paint) and enforce the parking spaces as "EV Parking Only." Chargers must be in a well-lit area and easily accessible, as well as compliant with the Americans with Disabilities Act (ADA) and provide appropriate accessibility. 4. For the first 5 years following installation of a charger provided in connection with the Dealer Community Charging Program ("Charger"),the Dealer shall be responsible for the cost of operation, repair, and maintenance of the Charger. For the following 5 years, the Site Host shall be responsible for these costs, up to the useful life of the chargers (estimated to be 10 years). 5. For the duration of the life of the charger(s), the site host shall provide reasonably safe and adequate facilities for EV electrical charging services, as site conditions require. For example, site conditions may require that the charger(s) be installed in suitable enclosures and shall be protected from accidental contact by unauthorized personnel, or by vehicular traffic, or by accidental spillage or leakage from piping systems. As further example, this may also require the use of bollards in front of the chargers and/or wheel guards as necessary. 6. The Site Host may be able to monetize the chargers. Dealer and Site Host are responsible for complying with any applicable federal, state, and local laws, regulations, and taxes governing the providing of charging to the public,whether given as a free service or charging the consumer. Dealer and Site Host should consult with their respective tax advisors and/or attorneys, as necessary. 7. Site Host shall be responsible for the cost of installation of any charger provided in connection with the Dealer Community Charging Program as well as the removal of any such charger. The removal of the charger may be required in GM's sole discretion if it is broken or after the useful life of the charger (estimated at 10 years), whichever occurs first. Site Host further agrees that removal of a charger shall be conducted in a safe and professional manner, and in accordance with all applicable local,state,and federal laws and regulations. The charger must then be properly disposed of (preferably recycled. 9 212 8. Site Host(or any other party) may not rebrand the chargers for any reason unless GM, in its sole discretion, agrees to the change in writing. 9. Site Host and Dealer provide their express, written consent that Dealer, Flo, any other third-party vendor chosen by GM and reasonably necessary for this program, and GM may collect and share all data supplied from the DCC chargers, as needed and required. 10. Site Host and Dealer cannot obligate or bind GM to any additional obligation or responsibility not specifically identified by this program guide or otherwise agreed to in writing. 11. Site Host and Dealer may not resell any equipment provided by GM as part of this program. All equipment must either be returned to GM, recycled, or disposed of properly. 12. Site Host and Dealer may only use trademarks, trade dress, and branding approved by GM. Site Host and Dealer may not authorize any other party to use any GM trademarks,trade dress, or branding. Figure 1 Figure 2 213 Indemnification for Claims related to Site Host Property By enrolling in this program, Dealer expressly and unconditionally agrees to indemnify and hold General Motors LLC ("GM"), its parent companies, subsidiaries, officers, agents and employees harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of any claim or lawsuit involving personal injury, bodily injury, property damage, failure to comply with federal, state, or local laws or regulations, tax, or any other type of claim related to any charger installed in connection with the site host agreement. Cost for Install and Potential Electricity Upgrades Dealers must ensure site hosts understand that installation costs and potential electrical upgrade costs, can vary widely. An electrical upgrade may occur if the ampacity of the existing site host facility is not enough to cover the charging stations installed. Dealer Community Charging Roles & Responsibilities Installer Qualifications Dealer and site host must procure a qualified installer, provided the parameters below have been met, and Flo has vetted and approved. While a Dealer may use any qualified installer of its choosing, GM may make available a list of potential installers. Flo may also act as a qualified installer, if desired by the Dealer. Dealer is responsible for ensuring all laws, regulations, and permitting requirements are met for installation. For any person, including third-party installers,who provide any part of the Installation Services, the following are minimum requirements that must be met. Flo will ensure the third-party installer meets the requirements specified below: Verification that the installer possesses proper licenses as an electrical contractor in the jurisdiction in which installer will provide Installation services. Completion of a criminal background check by a reputable organization (as determined by GM), demonstrating that the Dealer satisfies the background check criteria generally used by GM in Bulletin 15-03. Personalized certificates of insurance issued by the Installer's insurance carriers, in the following coverage amounts: o $1 million General Liability; o $1 million Automotive;and o $1 million Workers Comp (as required) Agreement to provide in the contracts with Customers a warranty on parts and labor (exclusive of the charging station itself) for all Installations for one year from the date of the Installation. Installers agree to insure their work in their contracts with Customers. Installers must comply with all laws, regulations, and permitting requirements necessary for installation. 11 214 Marketing and Advertising Dealers are required to follow GM's individual brand guidelines and naming bulletin for advertising on the chargers. For example,if the Dealer is Chevrolet,then it will follow Chevrolet's brand guidelines. Dealer reference and retail signature is limited to GM divisions. GM is responsible for coordination and approval of Dealer names on the submitted logo for advertising purposes. Advertising on the charging stations, pedestal, or any other part of the charging infrastructure itself will be reserved for the Dealer, GM's Ultium brand, and Flo. Site host will not be able to advertise on the charging station, pedestal, or any piece of the charging infrastructure. The Dealer must submit its logo via the Dealer Community Charging enrollment process,subject to GM's individual brand advertising guidelines, and its logo will be placed on the pedestal right above the charging stations, as shown below in Figure 3. The Dealer must use its officially approved Dealer name (e.g. ABC Chevrolet rather than ABC Auto Group) that complies with GM 21-10 "GM Dealership Naming Convention Policy". The branding will be placed on a sign,and the sign will say "Charging provided by [DEALER NAME/LOGO]". The plaque will be shipped to the Dealer along with the charging equipment. Note:The charging equipment includes the charging stations, pedestal,cable management, and Dealer advertising sign. Advertising sign requirements: Signage must say "Charging provided by [DEALER NAME/LOGO]. The sign will be provided through Flo, and it will be placed in the area depicted by the arrow in Figure 3 below. If the Dealer terminates its dealership, the sign will need to be removed by the Dealer from the charging pedestal. Dealer can work with the site host and have the site host remove it,as needed. If the Dealer changes its official name, a new sign will need to be ordered. If the Dealer sells its dealership, signage must be removed by the selling Dealer. The new Dealer may have the option to add a sign on the charger,provided it meets the exact requirements listed above. The Dealer may go through Flo for the advertising sign, or may procure a sign from another vendor, provided it meets the program requirements. Please see Figure 3 below for how the Dealer advertising will look. If buying dealer does not provide compliant signage, selling dealer and buying dealer both remain jointly and severally liable to remove the chargers,signage, and pedestals. 12 215 Figure 3 rrc�.nw.. ChWORpl prwlera e r [HFVR[]LFT Source: GM Design Simulated images shown. Actual production model may vary. Charger specifications The charger recommended for this program will be hardwired, with a maximum power output of up to 19.2kW (80 amps). The charging connector will be SAE J1772 Type 1. Please contact Flo for additional information. This optional program requires the Flo chargers pictured above in Figure 3 and needs to be on the Ultium Charge 360 network. It also needs to use Flo's pedestal, cable management, and networking and maintenance package, as described in the guidelines. Dealer will not be able to shop around for a different pedestal, cable management, and operations and maintenance 216 package, as that may add significant risk to the viability of the charging station setup as a whole. Flo will not entertain other pedestal and cable management products, as it adds significant risk to the overall charging station setup. Chargers will be a part of the Ultium Charge 360 network and will have appropriate signage. Ultium Charge 360 is GM's holistic charging approach, and may integrate charging networks, brand mobile apps, and other products and services. Charge Station Operator Dealer must require that all site hosts utilize Flo as a dedicated charge station operator (CS0). As Flo's charger is utilized for a site installation,then Flo must manage the backend system and maintenance. This will create an ecosystem of chargers allowing customers to see real time charger data. Flo will ensure these stations are connected and accessible in the myBrand app for GM electric vehicle owners, and the Ultium version of the app for non-GM electric vehicle owners. The Dealer needs to ensure in its written agreement with the site host that it requires the use of GM's preferred CS0 Flo,for maintenance and connectivity. The Dealer will be paying for the first five (5) years of maintenance and connectivity (service and networking) before the chargers are shipped to the site host, so the site host will be required to utilize Flo's services. The site host needs to understand that it will be responsible for the maintenance and connectivity AFTER the initial five (5) years, to continue to keep the chargers in operable condition to reflect positively on its brand,the Dealer,GM,and Flo. It is strongly encouraged that the site host continue to utilize the services of Flo,to ensure continuity with the program. End of Charger Life Details The useful life of the chargers is estimated at 10 years, and site hosts may continue to work with Flo and purchase new chargers after the useful life of the original chargers. If the site host desires to discontinue the program after the initial useful life of the chargers (estimated at 10 years), it shall be responsible for the cost of removing the chargers, as necessary. Dealer must remove any charger if it is broken or after the useful life of the charger. Site host must agree that removal of a charger shall be conducted in a safe and professional manner, and in accordance with all applicable local, state, and federal laws and regulations. GM may utilize a third-party vendor(s) to periodically audit the charging stations to make sure they are in good working condition. If the charging stations are found to not be in good working condition, GM reserves the right to require removal of the charger(s) at the site host's expense if the program guidelines are not followed. Cancellation Dealers may enroll and subsequently decide to cancel participation in the Program during the open enrollment period.However, Dealers that enroll during the open enrollment period and then 14 217 elect to withdraw from the Program after the enrollment period concludes will not be allowed to participate for the duration of that particular Program year (e.g. 2022) from that point forward. For example, if a Dealer cancels its participation in the Dealer Community Charging Program in September 2022, it will not be eligible to re-enroll until the subsequent program year (2023). Reviews and Audit It is the Dealer's responsibility to correctly report all documents for the Dealer Community Charging program, to ensure compliance with these rules, and to retain records sufficient to verify the work being performed. Any errors or discrepancies must be resolved by the Dealer within 30 days after the document is approved. Examples of errors or discrepancies include, but are not limited to: ■ Incorrect site host ■ Wrong images uploaded ■ Site host changed ■ Errors in the agreement The Dealer will be responsible for the first five (5) years of the program, as it will pay for the items mentioned in the "Dealer Participation Cost" section. After that, the burden of responsibility will be on the site host per the "End of Program Life Details" section above. Also mentioned above, a third-party audit company (e.g. ACV Auctions Inc) may help administer the audit process to make sure the charging stations are in good working condition. Tax Liability Dealers are responsible for any federal, state or other tax consequences associated with the participation in the GM Dealer Community Charging Program or any federal, state, or local incentives received for the program. Dealers are urged to consult with their own accountant or tax advisor regarding tax issues under applicable laws. Amendments/Terminations GM has the right to amend, terminate, or cancel the GM Dealer Community Charging Program upon 30 days' prior written notice to all affected participating Dealers. Amendments are not effective unless they are in writing in formal DCC Program Guidelines published by GM. Upon receipt of notice from GM of a material change in the DCC Program, affected participating Dealers may withdraw by written notice to GM within 15 days of their Dealers' receipt of the change. Termination will be effective thirty (30) days after receipt of written notification unless additional time is needed to meet existing obligations. 15 218 Dealer Suspension or Termination GM reserves the right to suspend a Dealer from participating in the GM Dealer Community Charging Program or to terminate any Dealer's participation in DCC, under the following guidelines: The Dealer or any of its Site Hosts violates any rule(s) of DCC; or A Dealer or any of its Site Hosts engages in conduct that is deceptive or fraudulent, or not in compliance with any federal or state law or regulation. GM's decision will be final in all matters related to the interpretation of program rules and guidelines. In the event a Dealer is suspended from participating in the DCC, Dealer must reimburse GM in the amount of the value of each charger provided to Dealer in connection with the DCC as of the date of suspension. The value of a charger will be calculated using a straight-line depreciation method over a period of 10 years,with a starting value of$2,000 in year one,and a salvage value of$0 in year 10. In other words,the value of a charger in any year during its useful life is $2,000 per charger less $200 per year post installation. 219 DUBLIN CALIFORNIA Community Charging Program Request from Dublin Chevrolet February 21 , 2023 Background • Dublin Chevrolet request to install electric vehicle (EV) chargers at City facility as part of General Motors Community Charging Program • Climate Action Plan 2030 & Beyond — Measure SM-2, Develop EV Infrastructure Plan — Publicly Accessible EV Charger Ports • Existing in 2020 — 120 • Minimum Goal: 2025 — 188 and 2030 — 304 • Currently 17 publicly available EV chargers at City Facilities, 15 chargers in contract iI_ i " 7 ' 221 GM Community Charging Program • Up to 40,000 Level 2 EV Chargers — Accelerate EV adoption across US & Canada — Enhance experience for GM EV owners • GM Program - EV Chargers by FLO — Up to 10 Level 2, Dual Pedestal Format — GM (Ultium) and Dealer Branding — Payment through FLO app. No Credit Card. • GM, Dealer, Site Host, EV Service (FLO) ri _ - - wzzz Dealer & Site Host • Agreement required • Dealer — first 5 years of O&M with FLO • Site Host — O&M years 6 through 10 • Site Host provides location and electricity • Charging Fees - set by Site Host • Data Collection — GM may collect station data 223 Site Location & Installation • Installation Deadline — June 30, 2023 - State Electric Vehicle Supply Equipment Standards • Don Biddle Community Park — Level 2 EV charger ready — 18 parking stalls • Design/Permitting/Installation Responsibility 224 Recommendations • Authorize the City Manager to negotiate and enter into an agreement with Dublin Chevrolet to provide EV charging stations at a City of Dublin facility, subject to conditions, through the General Motors Dealer Community Charging Program; and • Authorize the City Manager to enter into a service agreement with FLO for EV charging services 225