ORDINANCE NO. BL2012-129

ORDINANCE NO. BL2012-129

An ordinance approving the attached License Agreement between The Metropolitan Government of Nashville and Davidson County and Electric Transportation Engineering Corporation d/b/a Ecotality North America, as modified by the likewise attached Addendum and Amendments thereto, and authorizing the execution of all (Proposal No. 2012M-007PR-001).

WHEREAS, the Metropolitan Government is the owner of certain real properties (collectively “Licensor’s Properties”), specific portions of which will be licensed to Electric Transportation Engineering Corporation d/b/a Ecotality North America (Licensee) pursuant to the attached License Agreement and Addendum and First and Second Amendments thereto (collectively the “Licensed Premises”); and,

WHEREAS, Licensee is the owner of the Equipment and Software more particularly described on Exhibit C to the attached Agreement (collectively the “Equipment”); and,

WHEREAS, the United States Department of Energy (“DOE”) has provided funding through the American Recovery and Reinvestment Act (“ARRA”) to accelerate the development and production of electric vehicles (“EVs”) in order to reduce petroleum consumption in the United States; and,

WHEREAS, for the use of EVs to expand, drivers of EVs will require access to sufficient publicly available Electric Vehicle Supply Equipment (“EVSE”) stations to provide for convenient re-charging of EVs in locations remote from the drivers’ homes; and,

WHEREAS, to encourage the development and use of EVs, the DOE is supporting the development of a large publicly available EV charging infrastructure in several cities in the United States, through a program known as the “EV Project,” which will provide EVSE units at publicly available locations in the United States; and,

WHEREAS, pursuant to the EV Project, Licensee has received a grant from DOE (the “DOE Grant”) to install EVSE stations and to collect data relating to public use of the EVSE stations; and,

WHEREAS, the Metropolitan Government has a long-standing commitment to resource conservation and has been an active participant in energy conservation, energy efficiency, and environmental preservation and is committed to protecting the environment and providing a sustainable future for its residents; and,

WHEREAS, the Metropolitan Government is interested in the outcome of the studies and other efforts being undertaken by Licensee as part of the DOE Grant, including the extent to which EVSE stations on the Licensed Premises would affect energy use by Licensor and the use of EVs by members of the public; and,

WHEREAS, Licensee desires to obtain from the Metropolitan Government certain rights over, under, and across the Licensed Premises for the purpose of installing, maintaining, operating, and removing the equipment to facilitate Licensee’s implementation of the DOE Grant.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The License Agreement between The Metropolitan Government of Nashville and Davidson County and Electric Transportation Engineering Corporation d/b/a Ecotality North America, including the exhibits thereto, the Addendum thereto, the First Amendment to Charging Site Host Agreement, and the Second Amendment to Charging Site Host Agreement (collectively, the “Agreement”), which are collectively attached hereto and incorporated herein, are hereby approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2. Any future amendments, extensions, or renewals of the Agreement may be approved by resolution.

Section. 3. To the extent cost analysis performed subsequent to the implementation of this program results in a conclusion that the Metropolitan Government’s costs arising out of this Agreement (including but not limited to all costs directly or indirectly related to the operation, supervision, and maintenance of the Charging Stations and administrative costs arising out of this Agreement, collectively, the “Metropolitan Government’s Costs”) exceed the amount of the Charger Offset as that term is defined in the Second Amendment to Charging Site Host Agreement, the Metropolitan Government may charge consumers more than this baseline cost for Charger access, but in no event shall the total of the Charger Offset and any such additional amount charged (collectively, the “Total Charger Access Fee”) exceed the Metropolitan Government’s costs.

Section. 4. Authority is granted to the Director of Finance to make any adjustment to the Total Charger Access Fee as is described above in Section 3, at the Director’s discretion, based on any cost analysis as referenced above in Section 3, and additional legislation shall not be required to implement such an adjustment.

Section 5. The total amounts of any Charger Offset received pursuant to the agreement are approved and accepted and shall, together with any additional amounts included in the Total Charger Access Fee, be deposited in a fund designated by the Director of Finance. Amounts so deposited shall be used to reimburse any costs incurred by specific Metropolitan Government departments arising out of the location of specific Charging Stations upon Metropolitan Government properties owned or managed by those departments or any other costs otherwise incurred by Metropolitan Government departments (including but not limited to all costs directly or indirectly related to the operation, supervision and maintenance of the Charging Stations and administrative costs arising out of this Agreement), on a pro rata basis.

Section 6. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	April 3, 2012
Passed First Reading:	April 3, 2012
Referred to:	Planning Commission Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Amended:	April 17, 2012
Passed Second Reading:	April 17, 2012
Passed Third Reading:	May 15, 2012
Approved:	May 16, 2012
By: