CITY OF WESTERVILLE ELECTRIC DIVISION POWERUP COMMERCIAL ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM TERMS AND CONDITIONS
1. CONDITION OF REBATE
The City of Westerville Electric Division PowerUp Commercial Electric Vehicle Supply Equipment (EVSE) Rebate 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 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 dual port EV charging station, or $8,000 per site, whichever is less. The Rebate cap is subject to the program’s discretion and can change at any time. 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 at 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. The reservation period may be extended at the City’s discretion. 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 REQUIREMENTS
Customer must select a new dual port, level 2 or DC fast EV charger that features a network connection and include a minimum 3 year network plan purchased up front. Units must: 1) Accept electronic payment including credit card and phone app. 2) Be capable of remote load shedding through a remote network connection. 3) 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 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. Co-branding is available, pending mutual agreement.
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/or mark the parking space appropriately giving priority parking to EV owners and encourage active charging while parked in the dedicated EV space.
