The Charge at Work Program supports employers, workplaces, and fleets that install and operate Electric Vehicle Supply Equipment (EVSE) at their location.
This Charge at Work Program Agreement (Agreement) is entered by the above Member (Member) and Holy Cross Electric Association, Inc., doing business as Holy Cross Energy (HCE), each individually referred to as a “Party” and collectively referred to as the “Parties.”
Member desires to enroll in the EVSE Program of HCE (Program) to obtain and operate EVSE at Member’s real property residence (Facility). The terms of this Agreement are supplemental to the Electric Service Agreement between Member and HCE.
Member agrees to the following terms and conditions:
1. Member agrees to all terms and conditions of the Tariffs, Rules and Regulations of HCE and any changes made to the Agreement by HCE as established from time to time by HCE.
2. HCE will provide a rebate to reimburse Member wholly or partially for their purchase and installation of an approved EVSE (charging equipment) for use at the Member’s Facility, pending project completion and compliance with all Program terms and conditions.
3. All invoices must be submitted within 90 days of purchase.
4. Member agrees to one of the two Program Options in order to be eligible for the Program rebate.
Option 1: Member agrees to purchase an eligible EVSE and enroll the EVSE in HCE’s Distribution Flexibility Tarriff, granting HCE access to EVSE data-sharing and direct load control capabilities outlined below in the Distribution Flexibility Program Provisions.
Option 2: Member agrees to enroll in HCE’s Time-of-Use Tarriff for a minimum period of one year.
5. Member will pay the licensed electrical contractor directly for the upfront cost to install the EVSE and the electrical service to the charging equipment. Member will hire the licensed electrical contractor and see to the design and installation of the EVSE. Member shall be responsible for all means, methods, techniques, sequences, and procedures and for coordinating all portions of the installation and operation of the EVSE.
6. Member will allow free and unrestricted access to usage data of the EVSE to HCE for the life of the equipment.
7. HCE limits the number of rebated EVSE that can be qualified under this program to 10 ports or parking spaces per account.
8. Member understands the chargers are intended for commuting employees and/or fleet vehicles only and will reserve chargers for this use accordingly.
9. EVSE must remain installed at the Facility in HCE’s service territory for a minimum of three years.
General Terms and Conditions:
10. All information gathered by HCE in the application for the EVSE and improvements and for the granting of electric service to the Facility is governed by the provisions of the Tariffs, Rules, and Regulations of HCE which may be amended from time to time.
11. HCE does not warrant the EVSE, any improvements related to the EVSE, or the quality of workmanship in the installation of the EVSE improvements. HCE disclaims all express or implied warranty of the EVSE improvements including without limitation any implied warranty of fitness for a particular purpose, merchantability, usability, and habitability.
12. For the duration of the Member’s participation in the Program, Member agrees that HCE is entitled to all Green Attributes (such as Renewable Energy Credits, or carbon offsets, as may be applicable) of any kind or nature associated with the EVSE, and Member hereby conveys to HCE all present and future rights to such Green Attributes and agrees to take all further steps required to effect such transfer to HCE at the time of any such delivery.
13. Member has obtained, to the extent Member has deemed necessary or prudent, legal counsel to advise Member on this Agreement.
14. HCE may disclose such information as may be required to be disclosed by law or court order from a court of competent jurisdiction, and provided further that, unless otherwise prohibited by law.
15. Member will self-produce on site or purchase from HCE all electric energy used on the Facility and will pay for at the applicable rates and terms in accordance with the Tariffs, Rules, and Regulations of HCE as may from time to time be adopted by HCE.
16. Member shall comply with the Tariffs, Rules, and Regulations of HCE. The Tariffs, Rules, and Regulations of HCE may be changed by HCE from time to time and this Agreement shall incorporate the provisions thereof as changed in the future. Failure on the part of Member to accept service from HCE or to comply with the Tariffs, Rules, and Regulations of HCE, or to perform under the terms and conditions of this Agreement shall not relieve Member from performing all the conditions set forth in this Agreement.
17. To the maximum extent permitted by law the Member shall defend, indemnify, and hold harmless HCE and HCE’s directors, officers, and employees from all claims, causes, action, losses, liabilities, and expenses (including reasonable attorney’s fees) for personal loss, injury, or death to person (including but not limited to the Member’s employees) and loss, damage to, or destruction of HCE’s and the Member’s property or the property of any other person or entity in any manner arising out of or connected with the Program and the installation and operation of the EVSE, or the materials or equipment supplied or services performed by HCE, its subcontractors and suppliers of any tier.
18. HCE has its rights under law for nonpayment of any amount due to HCE, including without limitation the right to terminate electric service to the Member and any successor in possession or ownership of the premises upon which the EVSE and improvements were installed, and the right to terminate any other electric service provided by HCE to the Member at any location in the event of any default in payment of any amount due to HCE including without limitation the amount of the cost as determined under the Agreement and other charges.
19. Member agrees (A) the laws of the State of Colorado shall govern this Agreement and any dispute arising hereunder shall be litigated in a Federal or State Court located in the State of Colorado, (B) TO WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW THE RIGHT TO A TRIAL BY JURY.
20. Member agrees that (i) it possesses all requisite power and authority to enter and perform this Agreement and to carry out the transactions contemplated herein; (ii) this Agreement has been duly executed and delivered; and (iii) this Agreement constitutes the legal, valid, binding, and enforceable agreement of Member.
21. In the event any provision of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the remaining provisions of this Agreement shall remain in full force and effect to the maximum extent possible.
22. No agent or representative of HCE has the power to amend, modify, alter, or waive any of the provisions of the terms of this Agreement. Any promises, agreements, or representations made by any agent or representative of HCE not herein set forth shall be void and of no effect.
23. Acceptance of this Agreement by HCE shall constitute a binding agreement between the Member and HCE.
24. This Agreement is neither intended to create, nor shall it be construed as creating, a joint venture, partnership, or other form of business association between the Parties, or an agreement to enter any business relationship.
25. Member agrees that this Agreement constitutes the full, complete, and only agreement between the Parties and supersedes any previous representations or agreements, and this Agreement shall not be amended except in writing signed by duly authorized representatives of both Parties.
26. HCE may record this instrument in the office of the County Clerk and Recorder in the County in which the real estate is situated.
27. This Agreement shall be binding upon the successors, legal representatives, heirs, devisees, and assigns of the respective Parties hereto.
Distribution Flexibility Program Provisions (Option 1 Only):
Member agrees to enroll in HCE’s Distribution Flexibility (DF) Tariff – with the following terms and conditions being supplemental EVSE-specific program rules. Member will allow HCE full operational control of the EVSE. This Agreement serves as the program rules referenced in the DF tariff. The actual tariff terms as posted and amended from time to time shall govern in the event of any discrepancy between the DF tariff and this Agreement.
Terms and Conditions for HCE’s Control of EVSE:
28. HCE may delay or initiate the use of EVSE during times of peak demand. Peak demand expectations:
a. High demand or critical demand events will most commonly take place between the hours of 4 p.m. and 9 p.m. and may occur on any day of the year.
b. Peak events are expected to last 2-3 hours in duration.
c. HCE will target a limit of 240 peak demand event hours in a calendar year, although that limit can be revised by HCE if conditions warrant.
29. HCE may delay or initiate the use of EVSE during times of peak renewable production.
30. Renewable oversupply expectations:
- Peak renewable production hours will most commonly take place between 11 a.m. and 4 p.m. and can occur any day of the year.
- Peak renewable production hours are expected to last 3-10 hours in duration.
- HCE anticipates that approximately 30 days may include peak renewable production hours.
- HCE will target a limit of 90 peak renewable production hours in a calendar year, although that limit can be revised if conditions warrant.
31. HCE may evaluate and consider all relevant conditions, including but not limited to forecasted and actual renewable generation, forecasted and actual peak hours, temperature, system load conditions, system operation needs, energy market conditions, transmission system conditions, and other emergency conditions in determining whether to exercise control over the Member’s EVSE.
32. Member will enroll in e-mail and/or text message notifications for the purposes of this DF Program.
33. HCE may, at any time, terminate a Member’s participation in the DF Program if the Member violates the terms and conditions of the DF Program.
