ELECTRIC VEHICLE STUDY CUSTOMER PARTICIPATION AGREEMENT
This Electric Vehicle Customer Participation Agreement (“Agreement”) is entered into by City of Lincoln, Nebraska d/b/a Lincoln Electric System (“LES”), Geotab USA, Inc., carrying on business as FleetCarma (“FleetCarma”) and yourself (“Customer”). Your participation in this vehicle study is expressly conditioned on your acceptance of these Terms and Conditions (“Terms and Conditions” or this “Agreement”). Once you apply and accept these Terms and Conditions and LES selects you to participate in the Program, you will be considered a “Customer” as referred to herein.
LES previously undertook an electric vehicle study from November 1, 2018 to November 1, 2020 to determine the impact of electric vehicle usage in its retail service area (“Study”). LES intends to extend this electric vehicle study from November 1, 2020 to January 1, 2022 to (i) further examine the impact of electric vehicle usage in its retail service area; and (ii) introduce a new demand response pilot for control of the associated charging demand (“Study Extension”). As a part of the Study Extension, LES will utilize FleetCarma, a division of Geotab USA, Inc. that specializes in data collection service for vehicles, and data collecting devices capable of plugging into an electric vehicle’s OBD port; and Customer is a retail electric customer of LES and the owner or lessee of the electric vehicle identified herein who has expressed a willingness to participate in the Study Extension.
1. Data Logger. For a Customer who participated in the previous Study, Customer agrees to maintain their vehicle’s Data Logger installation in accordance with the requirements herein.
For new Customers participating in only the Study Extension, upon being selected by LES to participate, Customer will be sent a data collection device (“Data Logger”) which will collect data relating to Customer’s driving and charging practices with Customer’s electric vehicle. Customer shall install the Data Logger in the manner specified in FleetCarma’s instructions as soon as possible after receipt.
In all cases, LES shall be the owner of the Data Logger at all times but Customer shall exercise reasonable care in possessing the Data Logger to prevent it from being damaged, lost, stolen, or destroyed. Upon completion of the term of this Agreement, Customer shall return the Data Logger to LES.
2. Collection of Data. Upon installation, the Data Logger will collect “run-time” communication data from multiple standardized and non-standardized controller message channels. The data gathered by Data Logger will include:
- When the Device is plugged into, and unplugged from, the EV;
- VIN or Vehicle Identification Number;
- About your driving – start and end date and time, trip distance, EV state of charge at start and end of drive, electricity consumed during drive, liquid fuel consumed during drive (if EV is a hybrid vehicle), % idling and number of events, electric miles fraction (if EV is a plug-in hybrid electric vehicle, the % of miles the car ran on electric), ambient temperature, average auxiliary load during trip;
During and after your participation in the Study, you may be asked to participate in follow up surveys, studies, audits, evaluations, or verifications conducted by FleetCarma, LES, their agents or service providers in connection with the Study. While we hope that you choose to participate in these surveys, your participation will be completely voluntary.
3. Collection of Data Monetary Incentive. Upon termination of this Agreement, Customer shall receive an additional $25 bill credit from LES upon returning the Data Logger to LES. For a Customer who participated in the previous Study, this $25 bill credit for return of the Data Logger shall represent the sole credit for this purpose, superseding any equipment return credits specified in previous data collection agreements.
4. Demand Response Pilot. LES and FleetCarma will dynamically facilitate a maximum of up to five (5) DR events per month across six (6) predetermined months: January, February, June, July, August, and September. Customer will receive an email and/or mobile text message notification from LES approximately 24-hours in advance of the DR event, asking Customer to avoid charging on the following day between a specified time period. Customer consents to receiving these communications and provides Customer’s email address and/or mobile telephone number for these reasons. LES shall not disclose Customer’s email address or mobile telephone number to third parties without the prior written consent of Customer. Customer acknowledges and accepts that standard message and data rates may apply and that these charges would be the responsibility of Customer.
To participate in a DR event, Customer will have several customer-controlled options including:
- Ensuring that their vehicle is not plugged into a charging station during the specified DR event.
- Setting the timer on their vehicle and/or automaker’s native mobile application to avoid charging during the specified DR event.
- Setting the timer on their networked charging station and/or networked charging station service provider’s native mobile application to avoid charging during the specified DR event.
Customer can opt out of any and all demand response events with no penalty, although failure to comply with the demand response events will impact the incentive Customer receives at the end of the engagement.
5. Demand Response Pilot Monetary Incentive. Customer will be eligible to earn a monthly financial reward of $10 for complying with all DR events for that particular month. In order to be eligible to earn the monthly financial reward of $10, Customer must have complied with all DR events for that month (i.e. avoided charging during the specified time periods for each of the monthly DR events). The maximum financial reward that Customer can earn in the one-year pilot is $60. For example, Customer complied with all DR events for 5 of the 6 months but did not comply with at least one DR event in one particular month, they would receive a reward in the amount of $50.
Customer’s total financial reward will be paid out via an LES bill credit in the fall of 2021.
6. Use of Data. Customer consents to FleetCarma and LES collecting Data and utilizing and sharing it with its research partners for purposes of researching and analyzing usage patterns and opportunities for efficiencies and expansion related to use of electric vehicles. Customer further grants to LES a royalty-free, worldwide license to use and aggregate the Data for any purpose, and to publicize, transmit, distribute, and disseminate the aggregate Data in any form and in all languages and media of expression, without further consideration. LES will not disclose Customer’s home address, email address, customer account number or any other personally identifiable information and shall only utilize data gathered pursuant to this study in an anonymized fashion. LES shall only disclose Data gathered pursuant to this Agreement for research purposes and to comply with a law, court order, administrative order, subpoena or warrant. Without limiting the terms of the Privacy Policies referenced above, you consent to FleetCarma using the information obtained about you through your participation in the Study, including data collected through the Data Logger Device provided to you, in order (a) to operate, administer, market, evaluate, analyze, change or improve the Program, the Data Logger Devices and the FleetCarma web-based Portal, and (b) to prepare and present general, aggregated or anonymized results and information about the Program to third parties, including governmental entities such as the electricity system regulatory bodies. FleetCarma and LES may also use and publish information regarding your participation in the Program, your use of the Data Logger Device, and your use of the FleetCarma web-based Portal as long as the information is presented in an anonymized format (i.e., in a manner that does not identify you).
7. Web Portal and Mobile Applications. Customer may access the web-based portal and/or mobile applications provided by FleetCarma to access data related to Customer’s electric vehicle charging and usage and no cost to Customer. LES and FleetCarma do not make any warranties regarding the accuracy or fitness for any particular purpose of the data.
8. Disclaimer of Warranties. CUSTOMER ACKNOWLEDGES THAT LES AND FLEETCARMA DO NOT MAKE ANY WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, ORAL, WRITTEN OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY CUSTOM, TRADE USAGE, PROMISE, EXAMPLE OR DESCRIPTION, WITH RESPECT TO THE DATA LOGGER OR ITS USE OR PERFORMANCE, ALL OF WHICH WARRANTIES AND GUARANTEES ARE EXPRESSLY DISCLAIMED.
9. Limitation of Liability. To the fullest extent permitted by law and notwithstanding any other provision of this Agreement to the contrary, neither party nor their respective heirs, personal representatives, officers, managers, directors, agents and successors or assigns shall be liable for any incidental, consequential, punitive or other special damages (including without limitation, loss of use) arising out of or in connection with this Agreement, irrespective of whether such claims are based upon breach of warranty, tort, strict liability, contract, operation of law or otherwise, and whether or not such party has been advised of the possibility thereof.
10. Term of Agreement. The term of this Agreement will commence upon acceptance and submittal by the Customer and will terminate on the last day of the Study Extension. LES may terminate this Agreement before the end of the term in the event Customer moves out of the LES service area; discontinues ownership or lease of the electric vehicle; LES determines that Customer is not cooperating with the Study Extension; or upon LES providing Customer with 30 calendar days’ written notice of its intent to terminate this Agreement. Customer shall notify LES in the event the electric vehicle will be inoperable for a period of more than 30 calendar days and LES shall have the sole option of terminating the Agreement under such circumstances. Customer’s obligation to return the Data Logger to LES and LES’s obligation to pay $25 to Customer upon receipt of the Data Logger shall survive the termination of this Agreement.
11. Relationship of Parties. Nothing in this Agreement shall be construed as creating an association, joint venture or partnership between the Parties nor shall either Party be considered to be an agent or employee of the other party as a result of this Agreement.
12. Assignment. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and permitted assigns. Customer may not assign this Agreement without LES’s prior written consent.
13. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Nebraska without regard to conflicts of law principles.
14. No Waiver. None of the provisions of this Agreement will be considered waived by either party except when such waiver is given in writing. No waiver by either party of any one or more defaults in the performance of the provisions of this Agreement will operate or be construed as a waiver of any other existing or future defaults.
15. Severability. If any of the terms, covenants or conditions of this Agreement, or the application of any such term, covenant or condition, is held by a court of competent jurisdiction to be invalid, all other terms, covenants and conditions of this Agreement and their application will not be affected thereby, but shall remain in full force and effect.
16. Entire Agreement. This Agreement, including all exhibits, constitutes the entire agreement between the parties with respect to its subject matter, and no understandings or obligations not herein expressly set forth will be binding upon them. No modification, amendment or alteration of this Agreement will be valid unless it is in writing and signed by both parties.