PowerUp EVSE Terms and Conditions

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1. CONDITION OF REBATE

The City of Westerville - Electric Division Electric Vehicle (EV) Supply Equipment Program offer to Customer is subject to available funding and the terms and conditions contained herein. Customer’s acceptance of the rebate payment (“Rebate”) from the City of Westerville (“City”) shall constitute the Customer’s acceptance of these terms and conditions and consideration by both parties to form a binding agreement. No changes to the terms and conditions or the Program, shall be binding unless the City agrees in writing. Customer must submit a pre-approval application and receive a written rebate reservation letter from the City prior to commencing installation of the EV Charging Station.

2. PURPOSE

The City of Westerville strives to improve the community’s energy and transportation sustainability. To this effort the City of Westerville - Electric Division is working to increase the availability of electric vehicle charging stations within the community by offering incentives to office workplace, retail, hotel, institutional, industrial, and multi-family property owners who install qualified charging stations.

3. REBATE

The Rebate is for the reimbursement of actual expenses incurred for EV charging station equipment and installation costs, less any other rebates or tax credits received, or expected to be received, from third-parties or agencies for the same EV charging station. The Rebate shall be for actual expenses, as documented with copies of paid invoices submitted once the project is complete, less other rebates and/or credits expected or received for the same EV charging station; provided however, such Rebate shall not exceed 100% of the project cost, or $4,000 per EV charging station, or $8,000 per site, whichever is less.,

If Customer does not comply with any term or condition under the Agreement at any time during a period of three (3) years from the date of the EV charging station installation, then the Rebate, in the sole discretion of the City, is subject to a pro-rata refund by Customer based on the number of years the EV charging station was in service.

4. PROGRAM SUBJECT TO AVAILABLE FUNDING

Program funds are limited and Rebates are not guaranteed; Customer must timely comply with City’s application process in order to request funds for a Customer Rebate. Rebates will be awarded in the City’s discretion upon compliance with the terms of this Rebate, and on a first come, first served. The Program may be modified without prior notice and may be terminated when the City determines the Program goals are met or funds are exhausted.

5. REBATE PROGRAM AGREEMENT

Customer must sign and submit a Pre-Approval Application and all required documents prior to installing the EV charger. Customers will receive formal written Pre-Approval which initiates the ninety (90) day rebate reservation period. Pre-Approval Applications and accompanying documentation become the property of the City upon submission. It is the Customer's responsibility to ensure all documents are provided to the City for final processing of the Rebate.

6. CUSTOMER AND CHARGING STATION ELIGIBILITY

Customer must be a City of Westerville Electric paying customer without a delinquent balance and the EV charging station must be installed at an address with an active meter receiving Westerville Electric service.

7. PRICING AND STATION AVAILABILITY

Station access may be offered to the general public or exclusively limited to employees and/or tenants. The Customer may determine and implement any pricing structure it deems appropriate or may offer access free of charge.

8. CHARGING EQUIPMENT AND NETWOKRING REQUIREMENTS

Customer must select a qualified dual port ChargePoint unit with a minimum three (3) year network plan. All units must be new, Level 2 or DC Fast Charging unit and must be certified by a Nationally Recognized Testing Laboratory such as UL or ETL.

9. CONSTRUCTION AND INSTALLATION

It is the Customer's responsibility to manage the installation contractor(s) and ensure that the EV charging station(s) are completed and properly installed in a timely manner. Customer is solely responsible to pay any contractors or sub-contractors for the construction of the EV charging stations.

10. ENERGY USAGE DATA

As a condition of the Rebate, the Customer acknowledges that the City shall, in its sole discretion, have the right to access and utilize the energy usage data of the EV charging station for any and all purposes. The City may collect or receive this data directly from the Customer’s EV charging network solution provider(s), operator(s), and/or third parties, as applicable.

11. BRANDING

Customer shall allow the City to brand the charging equipment with City of Westerville and/or Program logos as the City deems appropriate.

12. INSPECTION

In addition to any inspections required pursuant to any City building permits, the City’s Electric Division has the right to conduct an on-site inspection to verify that all conditions of the Program are satisfied prior to awarding a Rebate. Customer agrees to provide City representatives reasonable access to the installation location/site upon request and during normal business hours. Customer understands that the Rebate will not be awarded if access is not granted.

13. REBATE PAYMENT

The Customer will notify the City of project completion within 60 days and submit copies of paid invoices including photos of the operational station. The Rebate will be awarded only upon review of all required documentation, data access and a satisfactory inspection of the installation by the City.

14. INDEMNIFICATION

Upon acceptance of the Rebate, Customer hereby agrees to indemnify, defend, and hold harmless the City (including its elected and appointed officials, officers, and employees) for and from any and all claims or actions of any kind presented against the City arising out of Customer’s (including Customer’s employees, representatives, agents, contractors, and sub-contractors) performance under this Agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City. Further, the City makes no warranty and is not responsible for any representations, whether expressed or implied, including, but not limited to, the warranty of merchantability, fitness, performance, and longevity for any particular purpose, use, or application of the item(s) or measure(s), manufacturers, dealers, contractors, or any other third parties, materials, workmanship, the quality, safety and/or installation of the item(s) or measure(s), effects on pollutants or any other matter with respect to the Program. Moreover, the City shall not be responsible for workmanship including, but not limited to, quality of EV charging station equipment installation or the installer’s failure to comply with applicable laws and/or safety standards.

15. PERMITS

Customer shall obtain and comply with all permits required by the City, State of Ohio, property owner, and/or homeowner association requirements regarding local conditions, restrictions, codes, rules, and regulations for, among other things, the installation of the EV charging equipment, parking space striping, and signage. Customer shall obtain such permits prior to installing the EV charging station equipment.

16. MAINTENANCE

Customer agrees to maintain including, but not limited to, repair and maintenance of the EV charging station equipment to ensure it is in proper working condition. Customer is responsible, at his/her/its sole cost and expense, for all actions related to the repair and replacement the EV charging station, including making arrangements for manufacturer warranty service

17. PARKING SPACE

Customer shall make at least one (1) parking space available per charging port for each rebated EV charging station. Customer shall install signage and mark the parking space appropriately giving priority parking to EV owners.