HomeMy WebLinkAboutReso 40-23 Approving an Agreement with California Automotive Retailing Group, Inc. for the General Motors Dealer Community Charging ProgramDocuSign Envelope ID: BD0342AA-8DCB-4ADF-ACFC-A697DCEF3399
RESOLUTION NO. 40 — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH CALIFORNIA AUTOMOTIVE RETAILING GROUP,
INC. FOR THE GENERAL MOTORS DEALER COMMUNITY CHARGING PROGRAM
WHEREAS, the City Council of the City of Dublin adopted the City of Dublin Climate Action
Plan 2030 and Beyond (CAP 2030) on September 15, 2020, and CAP 2030, Measure SM-2,
Develop an Electric Vehicle Infrastructure Plan, includes a goal to add 184 new publicly accessible
EV chargers in Dublin by 2030; and
WHEREAS, General Motors (GM) Dealer Community Charging Program was announced
in late 2021 and seeks to install up to 40,000 Level 2 electric vehicle (EV) charging stations across
the United States and Canada at key locations in GM dealers' respective communities, including
workplaces, multi -unit dwellings, sports and entertainment venues and college and universities,
among others; and
WHEREAS, in furtherance of the GM Dealer Community Charging Program, California
Automotive Retailing Group, Inc. (Dealer) desires to install electric vehicle (EV) charging stations
at Don Biddle Community Park; and
WHEREAS, the GM Dealer Community Charing Program requires a Site Hosting
Agreement between the City and the Dealer for the Dealer to install five dual -port EV charging
stations at Don Biddle Community Park; and
WHEREAS, the City and Dealer desire to enter into the Site Hosting Agreement to allow
the Dealer to install the five dual -port EV charging stations at Don Biddle Community Park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement with California Automotive Retailing Group, Inc., attached hereto
as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A and make any necessary, non -substantive changes to Exhibit A to carry out the intent
of this Resolution.
{Signatures on the following page}
Reso. No. 40-23, Item 4.7, Adopted 05/16/2023 Page 1 of 2
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PASSED, APPROVED AND ADOPTED this 16th day of May 2023, by the following vote:
AYES: Councilmembers Josey, McCorriston, and Mayor Hernandez
NOES: Councilmember Qaadri
ABSENT: Councilmember Hu
ABSTAIN:
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ATTEST:
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Reso. No. 40-23, Item 4.7, Adopted 05/16/2023 Page 2 of 2
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Exhibit A to the Resolution
SITE HOSTING AGREEMENT
BETWEEN
City of Dublin
AND
California Automotive
Retailing Group, Inc.
PARTIES:
This Site Host Agreement ("Agreement"), dated this 17th day of May 2023 ("Effective Date") is
made by and between the City of Dublin hereinafter referred to as "Site Host" or "City", and
California Automotive Retailing Group, Inc. hereinafter referred to as "Dealer." Site Host and
Dealer may be collectively referred to herein as "Parties."
RECITALS:
WHEREAS, General Motors (GM) Dealer Community Charging Program was announced in late
2021 and seeks to install up to 40,000 Level 2 electric vehicle (EV) charging stations across the
United States and Canada at key locations in GM dealers' respective communities, including
workplaces, multi -unit dwellings, sports and entertainment venues, and college and universities.
Under the Program, EV charging stations are available to all EV customers, not just those who
purchase a GM EV; and
WHEREAS, in furtherance of the GM Dealer Community Charging Program, Dealer desires to
install electric vehicle (EV) charging stations at a City facility; and
WHEREAS, on May 16, 2023, the City Council of the City of Dublin approved this Agreement to
authorize the Dealer to install EV charging stations at Don Biddle Community Park located in the
City; and
In consideration of the mutual promises and covenants in this Agreement, the Parties agree to
the terms as follows:
TERMS AND CONDITIONS:
1. TERM. This Agreement shall commence on the Effective Date and shall continue for ten (10) years
or until the EV charging stations have reached the end of their useful life and are removed from the
Project Site, whichever is longer, unless earlier terminated pursuant to Section 9 below.
2. PERMITS AND APPROVALS. Dealer is responsible for obtaining all permits and approvals required
for the installation of the EV charging stations. Dealer is also responsible for paying any applicable
fees associated with said permits and approvals.
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3. INSTALLATION. Dealer shall install five (5) dual port EV charging stations at Don Biddle Community
Park ("Project Site") in the locations described and depicted on Exhibit A. Chargers shall be
installed in the dual (side -by -side) format substantially similar to either Figure 1 or Figure 2 shown
on Exhibit A. Site Host may mark (e.g. paint) and enforce the parking spaces as "EV Parking Only."
4. MAINTENANCE. Dealer, at Dealer's sole cost, shall be responsible for maintenance, repair, and
replacement of all EV charging for five (5) years from the date the City issues a notice of completion
for the installation work ("Dealer Maintenance Period"). City, at City's sole cost, shall be responsible
for maintenance, repair, and replacement of the EV charging stations for five (5) years from the
date of expiration of the Dealer Maintenance Period ("City Maintenance Period"). Dealer, at
Dealer's sole cost, is responsible for any removal of the EV charging stations during the Dealer
Maintenance Period and upon termination or expiration of this Agreement. City, at City's sole cost,
is responsible for the removal of the EV charging stations during the City Maintenance Period.
5. LICENSE. During the Dealer Maintenance Period, Site Host hereby grants a revocable, non-
exclusive license to General Motors LLC ("GM"), Dealer, Charge Station Operator ("CSO"), and
installer (CSO and installer may be the same entity) (collectively, "Licensees") permitting the
Licensees, during hours when the Project Site is open to the public, the right to enter upon the
Site Host's property for any purpose related to the installation, inspection, repair, removal,
and/or maintenance of any charger installed pursuant to this Agreement. After the expiration of
the Dealer Maintenance Period, Licensees shall obtain Site Host permission or right -of -entry prior
to entering upon Site Host's property for any purpose related to the installation, inspection,
repair, removal, and/or maintenance of any charger installed pursuant to this Agreement.
6. Relocation. Site Host shall have the right to relocate the EV charging stations within the
Project Site if projects or infrastructure improvements are made that require relocation
at the Site Host's sole discretion.
7. INSURANCE.
a. CITY INSURANCE. 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.
b. DEALER INSURANCE. During the Term of this Agreement, Dealer shall maintain
the following insurance policies and coverage amounts to cover Dealer's
installation, data collection, maintenance, and removal activities on the Project
Site:
i. Dealer, at its own cost and expense, shall maintain commercial general
liability insurance for the term of this Agreement in an amount not less
than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence,
combined single limit coverage for risks associated with the
work/activities contemplated by this Agreement.
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ii. Dealer shall, at its sole cost and expense, maintain Statutory Workers'
Compensation Insurance and Employer's Liability Insurance for any and
all persons employed directly or indirectly by Dealer at the Project Site.
The Statutory Workers' Compensation Insurance and Employer's Liability
Insurance shall be provided with limits of not less than $1,000,000 per
accident.
iii. Policy Requirements. Dealer shall provide the City with certificates of
insurance evidencing the above coverage prior to commencing
installation of the EV charging stations. Dealer shall name City as an
additional insured on all policies. Dealer's coverage shall be primary
insurance with respect to the City and any City insurance shall not be
required to contribute. Dealer waives any claim of subrogation against
City. Dealer shall ensure (or shall have modified by endorsement to
ensure) that any policy with a self -insured retention does not include a
prohibition on an additional insured paying said retention.
8. INDEMNIFICATION. To the fullest extent permitted by law, Dealer shall defend, indemnify
and hold the Site Host harmless from all claims, costs (including reasonable attorneys'
fees), damages, judgments, liabilities or causes of action arising out of any injury to
person, or persons, or damage to real or personal property arising out of Dealer, its
employees, contractors, or agents' performance of any work/activities contemplated by
this Agreement, including collection of usage data and Personally Identifiable
Information, and/or any failure or malfunction of the EV chargers or EV charging stations.
Dealer's obligation under this section does not extend to that portion of a claim caused
by the negligence or willful misconduct of the City or its agents, officers or employees.
9. TERMINATION. Either Party may terminate this Agreement upon thirty (30) days' prior
written notice to the other Party.
10. COSTS FOR USE. The Site Host may elect to charge EV charging station users an EV
Charging Fee as part of the City's fee schedule. Such Fee will cover the cost of electrical
power to the charging station and will be commensurate with such costs to the City. Such
Fee may be adjusted annually. City shall comply with applicable 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.
11. COST OF INSTALLATION/REMOVAL OF EV CHARGING STATIONS. Prior to and during the
Dealer Maintenance Period, Dealer 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. Removal of the charger may be required if it is broken,
damaged or upon the terms set forth in Section 4 of this Agreement. Dealer shall remove
all chargers in a safe and professional manner, and in accordance with all applicable local,
state, and federal laws and regulations.
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12. BRANDING. Site Host (or any other party) may not rebrand the chargers for any reason. If
the branding signage or markings on EV charging stations becomes inaccurate, outdated,
or worn during the Term of this Agreement, Site Host may request and Dealer shall
replace, refurbish, or rebrand such branding signage or markings for the EV charging
stations.
CONTINUED USE AFTER USEFUL LIFE. After the Term of this
Agreement, Site Host may work directly with the manufacturer of the charging
stations to continue with new charging stations after the useful life (estimated at 10
years) of the original charging stations, at its discretion.
13. DATA COLLECTION. In accordance with applicable California and federal consumer privacy
laws and regulations, Dealer, FLO, and GM may collect usage data supplied from the EV
chargers during the Term of the Agreement, as needed and required. For example, the
Dealer will be able to collect data from the chargers that are supplied to the Site Host only,
while GM will be able to collect data from all chargers provided in the Dealer Community
Charging program. Site Host shall have access to customer data supplied by the EV
chargers as needed and Dealer shall be obligated to assist Site Host with obtaining
necessary data or facilitating assistance in addressing issues with functionality including
contacting the EV charger manufacturer.
14. CONTACT AND NOTICES. Any notice or request required or authorized to be given by the
terms of this Agreement or under any applicable law by either party shall be in writing,
hand delivered or sent by certified or registered mail postage prepaid, return receipt
requested. Such written notice shall be addressed as follows:
As to the Site Host: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
With Site Host Copy to: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: Public Works Director
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As to the Dealer:
California Automotive Retailing Group, Inc.
4200 John Monego Court
Dublin, CA 94568
Attn: Inder Dosanjh
Either party may, by subsequent written notice, designate a different address or party for receiving
notice.
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
SIGNATURES:
DEALER:
California Automotive Retailing Group, Inc.
SITE HOST:
CITY OF DUBLIN
By: By:
Inder Dosanjh, President Linda Smith, City Manager
By:
Marsha Moore, City Clerk
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