1. Availability

The Program is voluntary and is available to eligible Fort Collins Utilities residential and small-commercial electric customers.

• The Customer must own or lease a battery electric vehicle (BEV) or plug-in hybrid electric vehicle (PHEV).
• The Customer must have an eligible EV Level 2 charger installed, powered, connected to the internet, and registered to an active ChargePoint account.
• Both plug-in and hardwired ChargePoint Home Flex chargers may qualify.
• Renters and multifamily customers may participate if they meet Program requirements and have authority to install and use the charger.
• Customers with rooftop solar, behind-the-meter batteries, or an all-electric residential rate may participate.
• A Customer may not participate in another Peak Partners EV charging-control program at the same time.

2. Fort Collins Utilities’ Obligations

• If the Customer qualifies and completes enrollment, Fort Collins Utilities will enable the enrolled charger to participate in managed charging through the Program platform.
• Fort Collins Utilities will administer Program incentives according to the published Program Rules and the Customer’s eligibility and participation status.
• Fort Collins Utilities will provide Program support through Peak Partners at 855-350-1464.
• Fort Collins Utilities may use third-party vendors, including Itron and ChargePoint, to operate the Program and communicate with the enrolled charger.
• Fort Collins Utilities will not count a confirmed technical failure caused by Fort Collins Utilities, Itron, ChargePoint, or the Program platform against the Customer’s participation.
• Fort Collins Utilities may modify, suspend, or discontinue the Program based on funding, technology or vendor availability, operational needs, or other Program considerations. Customers will be informed of material Program changes.

3. Customer’s Obligations

• The Customer is responsible for purchasing, installing, permitting, maintaining, repairing, and supporting the charger and for maintaining the internet connection needed for Program participation.
• The Customer must use the same ChargePoint account used to register the ChargePoint Home Flex when completing Program enrollment.
• The Customer must keep the enrolled charger connected and available to the Program and must maintain the required ChargePoint account authorization.
• The Customer is responsible for avoiding vehicle-based, charger-based, or third-party charging schedules that conflict with Program events.
• The Customer must meet the active participation requirements described in the Program Rules, including connectivity, charging-session, and event-override requirements.
• The Customer agrees to notify Peak Partners if they move, replace the enrolled charger, change vehicles in a way that affects participation, or remove the Program connection.
• Fort Collins Utilities does not install or inspect the charger as part of this Program. Enrollment or payment of an incentive does not constitute approval, inspection, or certification of the Customer’s electrical installation.

4. Conservation Events

• The Customer understands that participation includes conservation events during which Fort Collins Utilities may temporarily delay charging at the enrolled charger.
• Current Program control is simple stop/resume. Charging may be delayed during an event and will resume after the event ends unless the Customer’s ChargePoint or vehicle settings prevent it.
• Events may occur in the afternoon, evening, or overnight and may overlap with Time-of-Use (TOU) periods.
• Events may last up to seven hours. Under the current Program design, no more than one event will be called per day except during a grid emergency or other exceptional system condition.
• The Program may operate seasonally and may later operate year-round, including weekends and holidays.
• Emergency events may occur outside normal event hours and may occur without advance notice.
• Customers will receive event notifications through the ChargePoint app when an event is scheduled.
• The Customer may override an event when charging is needed. Customer-responsible overrides count toward the Program’s annual participation requirements.
• The Program does not guarantee a specific state of charge or amount of energy delivered.

5. Term and Termination

• This Agreement begins when the Customer successfully enrolls an eligible charger in the Program and continues until the Customer or Fort Collins Utilities ends participation.
• Participation is voluntary. The Customer may leave the Program at any time by contacting Peak Partners at 855-350-1464.
• If the Customer leaves the Program or becomes ineligible, future unpaid Program incentives will not be paid.
• Fort Collins Utilities may suspend or terminate participation for persistent customer-responsible loss of connectivity, removal of Program authorization, ineligibility, or material non-participation.
• If the Customer moves within Fort Collins Utilities service territory, the electric account and charger connection may need to be revalidated before participation continues.
• If the Customer moves outside Fort Collins Utilities service territory, Program eligibility ends.
• Replacing a charger or moving to a new address does not automatically start a new three-year enrollment-incentive period.

6. Title to Charger and Program Data

• The ChargePoint Home Flex remains the Customer’s property. Fort Collins Utilities does not own, install, maintain, or warrant the Customer’s charger.
• The Customer authorizes Fort Collins Utilities and its Program vendors to access and use charger, charging, connectivity, electric-usage, and Program-participation data as needed to operate, administer, support, and evaluate the Program.
• Fort Collins Utilities may share Program data with Itron, ChargePoint, and their authorized subcontractors as needed to provide Program functionality.
• Program data may also be used in aggregate form for Program evaluation, planning, and development of utility programs and services.
• Customer-identifiable information will be handled consistent with applicable privacy requirements and the Customer’s Program authorizations.

7. Indemnification

The Customer agrees to release, hold harmless, and indemnify Fort Collins Utilities, its employees, and its agents against claims of liability or loss arising from the Customer’s participation in the Program.

8. Miscellaneous

• This Agreement and the published Program Rules constitute the agreement between the Customer and Fort Collins Utilities regarding participation in the Program.
• Fort Collins Utilities may assign or delegate Program responsibilities to independent contractors or third-party organizations.
• The Customer may not transfer Program participation to another electric account without Fort Collins Utilities’ approval.
• This Agreement is governed by the laws of the State of Colorado.
• If any part of this Agreement is found invalid or unenforceable, the remaining provisions will continue in effect.

9. Limitation of Liability

• Fort Collins Utilities assumes no responsibility for the condition, installation, repair, maintenance, warranty, or performance of the Customer’s EV, charger, electrical equipment, internet service, or other Customer-owned equipment.
• The Customer is responsible for ensuring that the charger and associated electrical installation comply with applicable requirements.
• Fort Collins Utilities does not guarantee that a vehicle will reach a particular state of charge or receive a specific amount of energy while participating in the Program.
• To the extent allowed by law, Fort Collins Utilities will not be liable for consequential, special, incidental, exemplary, punitive, or other indirect damages arising from participation in the Program.
• Failure to enforce a provision of this Agreement does not waive the right to enforce that provision in the future.
• Participation in the Program does not create a joint venture, partnership, employment, or agency relationship between the Customer and Fort Collins Utilities.