CONTRACTOR APPLICATION & AGREEMENT

Transcription

1 CENTERPOINT ENERGY S 2013 COOLSAVER PROGRAM CONTRACTOR APPLICATION & AGREEMENT INTRODUCTION The CoolSaver Program, sponsored by CenterPoint Energy, provides residential and business customers of participating Retail Electric Providers (REP) with highperformance air conditioner (A/C) and heat pump tune-ups. CLEAResult implements the Program. The Program provides incentives to reduce the customer s upfront cost of system diagnosis and correction. It also provides participating contractors with training on best practices and discounts on high quality tools. The Program drives energy savings for customers through an innovative tune-up process that allows contractors to accurately identify A/C and heat pump system inefficiencies and then correct each system s specific problems. INSTRUCTIONS In order to participate in CenterPoint Energy s CoolSaver Program, contractors must: 1. Meet the Contractor eligibility requirements, included in this document (please see the Participation Requirements section on the next page) 2. Agree to all Terms and Conditions of this Agreement by signing at the end of this document PROGRAM CONTACTS Robert Robertson CLEAResult 333 N Sam Houston Pkwy W, Ste 1150 Houston, TX (p) (f) rgrobertson@clearesult.com Ryan Hatch CLEAResult 333 N Sam Houston Pkwy W, Ste 1150 Houston, TX (p) (f) rhatch@clearesult.com 3. Provide the following documentation for Program verification and approval Complete Contractor Application & Agreement (this document) Certificate(s) of Insurance Certificate of Good Standing W9 Form (for taxpayer ID information) 4. Submit the completed Application and all documentation explained in step #3 Upon completion, print and mail, fax, or scan/ a signed hard copy of the Agreement and all supplementary documentation to Program Implementer (contact information to the left) 5. Attend contractor training and purchase CoolSaver Toolkit Participating contractors will receive free classroom and in-field, handson training, including use of the CoolSaver Toolkit, performance of a CoolSaver Tune-up, how to maximize the Program s benefits for your customers and company, HVAC industry best practices, and providing excellent customer service 2013 CenterPoint Energy 1 of 6

2 CONTRACTOR S CONTACT INFORMATION Company name: Office phone: Fax: Website: Company address: Mailing address (if different): Main contact name: Mobile: Tax ID: DISCLOSURE If Company is associated (either by contract or other legally-binding relationship) with any REP that operates within CenterPoint Energy s Electric Delivery Service Territory, please list those REPs here: PARTICIPATION REQUIREMENTS As described in the Program Manual, the Program requires that participating contractors meet and maintain a minimum standard throughout the entire period of participation. Failure to meet the requirements below may lead to removal from the Program. Along with the Application and Agreement, please provide information requested in sections 1, 2 and 3 below: Section 1: HVAC contractor license #: Section 2 Indicate the number of tune-ups your business can commit to completing per week: Section 3 Please provide the following documentation: W-9 Certificate of Business in Good Standing (see Certificates of Insurance showing compliance with insurance requirements, summarized on next page Customer complaint resolution process 2 of 6

3 Workers Compensation (statutory) Employer s Liability Bodily injury by accident: $100,000 each accident Bodily injury by disease: $500,000 policy limit Bodily injury by disease: $100,000 each employee Commercial General Liability Each occurrence: limit $1,000,000 Fire damage (any one fire): $50,000 Medical expense (any one person): $5,000 Products/completed operations aggregate: limit $1,000,000 Advertising injury and personal injury: limit $1,000,000 General aggregate: $1,000,000 Automobile Coverage of bodily injury and property damage with a combined minimum limit of $1,000,000 for all owned, hired, and non-owned autos, trailers, and semitrailers used in conjunction with this agreement Commercial General Liability and Automobile policies shall include CLEAResult as an additional insured using the following address: CLEAResult 4301 Westbank Drive Building A, Suite 250 Austin, TX SERVICE AREA Please select the service area(s) you wish to participate in: Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 3 of 6

4 AGREEMENT CLEAResult ( Program Implementer ) agrees to: 1. Conduct the items identified in the Program Manual in the best interest of all parties involved in the Program in order to make the Program successful and sustainable. 2. Assist Contractor in procuring the Program toolkit(s). 3. Conduct Program training that will present the Program definition of High Performance A/C Tune-up and include field mentoring and technical assistance that supports that definition and helps the Contractor achieve success in the Program. 4. Provide the opportunity to respond to leads generated through Program-related marketing activities. 5. Administer, calculate, and verify incentives for Contractors and Customers that fulfill the Program requirements. Note: CenterPoint Energy reserves the right to make changes to the Program upon notice to the Contractors. Such notification may be by , fax, mail, or posting on the Program website. 6. Issue incentive payments on behalf of the Program for projects that are completed, submitted, and verified in approximately two (2) to four (4) weeks after submission. 7. Reimburse the Contractor 33% (pending availability of funds) if the Contractor completes 15 or more A/C Tune-ups and submits the valid Data Input Form to the Program Implementer (offered on a first come first served basis while funds last). The Contractor ( Participant ) agrees to: 1. Perform a best faith effort to participate in the Program and to help make it successful and sustainable, including: a. Scheduling EPA-certified, Program-trained technicians to work on A/C and Heat Pump systems after the training, and acting to incorporate the Program s tune-up requirements on those jobs as soon as possible to help launch the Program. b. Provide feedback to the Program, working to improve the Program for all parties involved. c. Completing and submitting the required Program documentation to receive the Program incentives and help to demonstrate success. d. Make a good faith effort to promote participation in the Program and other CenterPoint Energy Programs, as appropriate, among its customers. 2. Acknowledge the incentives will only be paid for A/C and Heat Pump tune-up measures that: a. Meet the Program eligibility requirements outlined in the Program Manual. b. Are installed in project sites that receive delivery of electricity from CenterPoint Energy. c. Are installed in project sites for current customers for participating Retail Electric Providers. d. Are installed in project sites that have not received incentives from any other CenterPoint Energy energy efficiency Program for the same measure(s). 3. Respond to customers referred by the Program and provide services in accordance with the Program s processes and procedures and this Agreement. a. Participant recognizes that the customers received from the Program constitute a benefit and Participant agrees to respond to these customers within two (2) business days. b. Participant further agrees to submit each tune-up using the required Data Input Form within five (5) business days after it is performed. 4. Remain in compliance with the following requirements: a. Meet all requirements applicable to their specific trade(s) set by the jurisdiction having authority in the area where work is performed. b. Ensure that all personnel who supervise or conduct jobs performed under the Program have the necessary knowledge and skills to meet the requirements of the Program s processes and procedures, whether performed by the qualified Participant s own employees or by a subcontractor. c. Ensure that all jobs performed under the Program meet all requirements of the Program s processes and 4 of 6

5 procedures. d. Participant must use the Program-approved software and possess the required diagnostic equipment in good working order, have it calibrated based on Original Equipment Manufacturers (OEM s) recommendation or requirement to ensure the instrument s continued accuracy, and have the ability to deploy it at each participating business location prior to commencing tune-up or performing measures under the Program. e. Technicians visiting project sites as a part of the Program must wear identification badges that include technician name and company name. f. Vehicles used to perform work under the Program must display signage of the company name. g. Except when taken as directed with a valid prescription, technicians visiting project sites shall be drug-free. Drug includes any alcoholic beverages as well as illegal inhalants and illegal drugs and/or controlled substances as defined in schedules I through V of the Controlled Substances Act, 21 U.S.C. Sec. 812, 21 C.F.R. Sec 1308, and the state and local law of the jurisdiction where the workplace is located, including, but not limited to, marijuana, opiates, cocaine, and amphetamines. Possession, use, sale, attempted sale, distribution, purchase, and/or attempted purchase of drugs while performing Program-related service is prohibited. 5. Exhibit fair business practices, including: a. Notify the Program Implementer immediately of any changes or updates to the information collected in this Agreement. b. Participant will pay all of its administrative, overhead and other costs, including withholding taxes, social security, unemployment, disability, health, worker s compensation or other insurance coverage. c. Treating Program clients fairly and delivering promised services in a timely and responsible manner. d. Participant shall not use the CenterPoint Energy, Retail Electric Provider (REP), Program, or Implementer trademarks without written approval by respective entity. e. Properly representing the relationship of the Participant to the State of Texas, CenterPoint Energy, REPs, and CLEAResult the Participant is an independent, voluntary participant in the CoolSaver Program. Participant shall NOT represent itself as working for, approved by, or certified by the State of Texas, CenterPoint Energy, any participating REP, or CLEAResult. f. Maintain any relevant licenses required by federal, state, county or municipal governments or any other agencies with jurisdiction overseeing work performed. g. Provide Customers with approved materials provided to the Participant by the Program Implementer. h. If a Participant becomes involved in a dispute with a customer over any aspect of the Participant s service, the Participant shall work with Program Implementer to resolve the dispute amicably by, including but not limited to, following the Customer Complaint Resolution Process. If such action does not produce an outcome acceptable to the Customer and the Participant, the Program Implementer may engage another qualified company to perform any necessary repairs. Participant shall be responsible for charges required to settle the dispute if completed by a qualified company other than the Participant. i. PARTICIPANT SHALL HOLD CENTERPOINT ENERGY, ANY PARTICIPATING REP, AND/OR THE PROGRAM IMPLEMENTER HARMLESS FROM ANY SUIT ARISING FROM WORK PERFORMED THROUGH THE PROGRAM. j. Allow random field inspections by the Program Implementer of work that has been performed. Participant, upon request from Program Implementer, and at no additional cost to the Customer, shall make reasonable repairs or corrections to work that Participant has performed to bring such work up to the standards of the Program s best practices training. Participant also agrees to take steps to ensure that future work will comply with the Program s processes and procedures. k. Do not attempt to switch a program Customer to another REP. 6. Maintain and meet the Program s insurance requirements and produce proof of current coverage upon request by CenterPoint Energy or the Program Implementer. See Eligibility Requirements Section 2 and the Program Manual 7. Acknowledge that participation in the Program is a privilege, and the following: a. Program Implementer may suspend or terminate Participant s status in the Program for any reason, including failure to maintain the Program s processes and procedures. In all cases involving a Participant s status, or denial of incentive, Program Implementer s written decision is final. b. Participant shall not employ, as a subcontractor, any firm that has been suspended or terminated from this 5 of 6

6 Program or any other CenterPoint Energy-sponsored Program, without prior written permission from the Program Implementer. c. Participant acknowledges that failure to follow Program requirements and procedures, including processing of required documents, will result in a forfeiture of incentive and possible disciplinary action. d. It is further understood that the Participant can suspend or terminate the agreement at any time. e. Participant will not subcontract for any of the services without the prior written approval of Implementer and only then upon terms and conditions as Program Implementer may require. f. In no event shall Program Implementer or Sponsor be liable for any indirect, incidental, special or consequential damages whatsoever (including but not limited to lost profits or interruption of business) arising out of or related to this Participation Agreement, even if advised of the possibility of such damages. g. Any inspection or acceptance by Sponsor of the project site or of the installation, operation, or maintenance of any energy efficiency measure by the Implementer, REP, or Sponsor is solely for the information of the Sponsor and that, in performing any such inspection or in accepting an energy efficiency measure, Sponsor and Implementer make no representations or warranty whatsoever including without limitation warranty of merchantability and fitness for a particular purpose, as to the economic or technical feasibility, capability, safety, or reliability of the energy efficiency measure or its installation by the Participant. h. Photo identification cards may be issued to trained and qualified technicians of participating Contractors. Contractor agrees to require its qualified technicians: To display program-supplied identification ( ID Badge ) in a proper and respectful manner and only while engaged in program-related activities To not share ID Badge with anyone To return the ID Badge to the program account manager upon request and/or discharge from the CoolSaver Program To report lost or stolen ID Badge(s) to the program account manager i. PARTICIPANT SHALL DEFEND, INDEMNIFY AND HOLD SPONSOR, IMPLEMENTER, AND PARTICIPATING RETAIL ELECTRIC PROVIDERS, THEIR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, AND EACH OF THEM HARMLESS AGAINST ANY INJURY DEATH, DAMAGES, SUIT, CLAIM OR OTHER LOSS ( LOSS ), INCLUDING EXPENSES AND ACTUAL ATTORNEY S FEES, ARISING OUT OF PARTICIPATION. NOTE: Entering into an agreement with CLEAResult does not imply CLEAResult s endorsement or approval of any products or services. CLEAResult makes no representation of the benefits of any particular technology or energy efficiency measure eligible for incentives under this Program. ACCEPTANCE Participant Name Title Signature Date Program Implementer Name Title Signature Date 6 of 6

7 DRUG-FREE WORKPLACE POLICY While performing program-related services, participating contractors agree that, except when taken as directed and obtained with a valid prescription under federal law, technicians and contractor employees visiting a project location shall be drug-free. The term drug as used in this policy includes alcoholic beverages and prescription drugs, as well as illegal inhalants and illegal drugs and/or controlled substances as defined in schedules I through V of the Controlled Substances Act, 21 U.S.C. Sec. 812, 21 C.F.R. Sec 1308, and the state and local law of the jurisdiction where the workplace is located, including, but not limited to, marijuana, opiates (e.g., heroin, morphine), cocaine, phencyclidine (PCP), and amphetamines. Prohibited activities under this policy include the possession, use, sale, attempted sale, distribution, manufacture, purchase, attempted purchase, transfer or cultivation of drugs, as defined above, while performing program-related services. However, the use and/or possession of prescription drugs, when taken as directed and obtained with a valid prescription under federal law, shall not be a violation of this policy. This policy is not intended to replace or otherwise alter applicable U.S. Department of Transportation obligations or any other federal, state or local agency drug testing regulations related to a particular industry. ACCEPTANCE Company Name Name Title Signature Date 1 of 1

8 CUSTOMER COMPLAINT RESOLUTION PROCESS Through participation in the CoolSaver Program, participating contractors and technicians will interact with the valued customers of participating Retail Electric Providers. Through this interaction, the Contractor agrees that each technician or Contractor employee that enters a participating customer s home or business or speaks with a participating customer will be provided customer service training and mentoring that will reinforce the Program s request to respect the customer and their property to minimize the potential for customer complaints. In the event a customer should have a concern over any aspect of the Contractor s service, the Contractor will work with the Program Implementer to resolve the issue, including, but not limited to, taking the following steps to resolve the issue: 1. When a CoolSaver Program customer calls, concerns are to be addressed in a courteous and timely manner. 2. The Contractor will notify the CoolSaver Program Implementer of the customer concerns, proposed steps, and a timeline for resolution. 3. The Contractor will take any and all relevant actions to remedy CoolSaver Program customer concerns. 4. In the event the Contractor is not qualified (or restricted by the customer) to repair any damages caused during the Contractor s service, the Contractor will alert the Program Implementer who will work with the customer to hire an alternative qualified contractor(s) to repair the damage. 5. Any necessary repairs or services needed to remedy the situation will be performed at the Contractor s expense. 6. The CoolSaver Program Implementer will be notified in the event the CoolSaver Program customer complaints are unable to be resolved. The Contractor is aware that if problems persist, corrective action will follow that may include removing the contractor from the program. ACCEPTANCE Company Name Name Title Signature Date 1 of 1