Fillable Central Hudson Gas & Electric Trade Ally Participating (Central Hudson)

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Central Hudson Gas & Electric Trade Ally Participating (Central Hudson)

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Central Hudson Gas & Electric
Trade Ally Participating Contractor Agreement
Valid Jan. 1, 2019 through Dec. 31, 2021
Introduction:
Residential and commercial electric and gas customers, as well as participating Trade Allies
who perform work in Central Hudson Gas & Electric (Central Hudson) service territory, may be
eligible to receive incentives for the purchase and installation of new, high-efficiency gas and
electric equipment. Trade Allies throughout Central Hudson’s region will be able to market these
incentives to their customers by signing this agreement and by maintaining good standing in the
program. Customers must have work completed by participating Trade Allies in order to be
eligible to receive incentives.
This Agreement outlines the responsibilities and requirements of contractors who would like to
participate in Central Hudson’s Energy Efficiency Programs. Except where otherwise noted, “the
utility” refers to Central Hudson Gas & Electric, “the participating contractor” refers to the
contractor specifically bound as a signatory to this Agreement, and “the implementing
contractor” refers to ICF International.
This Agreement supersedes any previous agreement with respect to the subject matter hereof,
is completely voluntary and can be terminated at any time and for any reason by the
participating contractor or by Central Hudson Gas & Electric.
Benefits to Trade Allies:
The utility and implementing contractor will provide the following support to participating Trade
Allies who promote energy efficiency:
• The ability to both market and apply for incentives for the installation of specific
high-efficiency gas and electric equipment as per individual program incentive
forms,
• Access to program marketing materials such as program branding materials,
program literature, incentive forms, listing on program website, advertising
campaigns, etc,
• Administrative training on program requirements and participation requirements,
• Possible cash incentives for contractors providing specific services,
• Easy access to program support resources.
Participation Requirements:
Individual terms and conditions will apply for Central Hudson’s Energy Efficiency Program as
per each program incentive form. The participating contractor will inform and educate customers
that they are ineligible to apply for incentives from other energy efficiency programs, with the
exception of applying for tax credits from state and or federal governments.
Please consult each
incentive program for additional information. Participating contractors acknowledge and agree
2
that they participate in the Central Hudson’s Energy Efficiency program at the sole discretion of
the utility and the implementing contractor and are subject to removal from the program and
discontinuation of eligibility to market incentives to Central Hudson’s customers if they fail to
comply with the terms and spirit of this Agreement or if Central Hudson or the implementing
contractor in its discretion shall elect to terminate this agreement with the participating
contractor. In the event a participating contractor is removed from the program, they shall
immediately cease promoting their participation in Central Hudson’s Energy Efficiency Programs
and shall return (at their own expense) any marketing material provided by the program. A
removed participating contractor shall not be eligible for consideration to be reinstated for twelve
calendar months from the date of notification of removal. A removed participating contractor
shall have a one-time option to appeal the removal decision in writing to the implementing
contractor. All decisions of the utility and the implementing contractor shall be final and binding.
The following guidelines apply:
• Participating contractor shall maintain any and all relevant licenses as required by
federal, state, county, or municipal government for work in the trades that it undertakes
through this program.
• Participating contractor shall maintain general liability insurance coverage of at least
$ 1 million.
• Participating contractors shall maintain effective procedures for quality control,
resolution of customer complaints or disputes, and response to customer
emergencies.
• Participating contractors shall properly represent the relationship between the
participating contractor, the utility and the implementing contractor. The participating
contractor and its employees shall not represent themselves as employees and/or
agents of, or certified by the utility or the implementing contractor.
• The participating contractor acknowledges and agrees that the participating
contractor’s participation in the program is in no way to be construed as an
endorsement by the utility or the implementing contractor of the participating
contractor’s work.
• The participating contractor is acting as an independent contractor under this program,
and has the sole right and obligation to supervise, manage, contract, direct, procure,
perform or cause to be performed, all work to be provided to customers in connection
with the program.
Incentive Eligibility:
Incentives for the same equipment installation will not be paid to customers or contractors who
may apply for incentives through other state energy efficiency programs. The participating
contractor will inform and educate customers that they are ineligible to apply for incentives from
other state energy efficiency programs for the same equipment installation, with the exception of
applying for tax credits from state and or federal governments.
Post-Installation Work Verification:
Central Hudson or its program implementer may conduct random field inspections on work
performed under this Agreement in order to maintain the quality standards sought by this
program. If an inspection by the utility, the implementing contractor or any other entity
authorized by the utility determines that actual field conditions do not corroborate conditions
indicated on a participating contractor’s and/or customer’s application, he/she may become
ineligible for the incentive applied for. A participating contractor’s failure to meet minimum
program standards and correct deficiencies may lead to the participating contractor being
removed from the program and rendering the participating contractor and their customers
ineligible to receive future incentives under the program.
3
Indemnification and Limitation of Liability:
In no event shall the utility or the implementing contractor have any liability for claims of any
kind, whether based on contract, tort (including negligence and strict liability), or otherwise, for
any loss or damage sustained or incurred by any third party relating to this Agreement or the
performance of services or participation by the participating contractor in the Energy Efficiency
programs. The participating contractor hereby releases and discharges the utility and the
implementing contractor from all liability for such claims. The participating contractor shall, to
the fullest extent permitted by law, assume all liability for and agree to indemnify, defend (at
utility’s option) and hold harmless the utility and the implementing contractor and their
respective affiliates, officers, directors, agents, servants, employees and representatives from
and against any and all liabilities, losses, claims, damages, suit charges, costs, expenses
(including attorney’s fees and costs) demands and causes of actions of every kind or character
arising or alleged to have arisen out of any claims (just or unjust) for damages for personal
injury, including death to any employee or person, for damage or injury to property and from
any and all resulting damages, expenses, costs and fees, arising out of or in any way occurring
incident to the performance of the agreement and/or the acts or omissions of the participating
contractor, its employees and/or subcontractors. Additionally, the participating contractor
agrees to assume all liabilities or attorney’s fees and other costs incurred by the utility arising
out of the utility’s efforts to enforce the provisions of this section. Where used in this Section,
the term “Participating Contractor” shall also include any subcontractor, or any person, firm or
entity directly or indirectly employed by or under contract with either participating Contractor or
subcontractor or supplier to Contractor.
The indemnification obligations of the participating contractor provided for herein shall apply
irrespective of any partial or contributed negligence or alleged partial or contributed negligence
of the utility and or implementing contractor, except to the extent, if any, that the provisions of
Section 5-322.1 of the New York General Obligations Law requires otherwise. The participating
contractor shall nevertheless remain liable hereunder on account of the negligence of a party
other than the utility and/or implementing contractor whether or not the utility is partially
negligent.
The indemnification obligations of participating Contractor provided for herein shall in all
events survive performance of the other obligations of Contractor under the Agreement and
shall survive termination of the Agreement for any reason.
Tax Liability:
Incentives may be taxable as gross income to parties receiving incentives. The utility or
implementing contractor is not responsible for any taxes that may be imposed as a result of
receiving incentives through this program.
4
Trademarks and Other Intellectual Property:
A. Central Hudson reserves all ownership rights in the Central Hudson Trademarks (as
defined below). Except as expressly provided in this Agreement, Central Hudson does
not transfer or license any trademark or other intellectual property right to participating
contractor.
B. Central Hudson authorizes the participating contractor to use Central Hudson’s
Trademarks and other intellectual property solely for the purposes contemplated by this
Agreement. The participating contractor shall not register, apply to register, or claim any
rights to any trademark that contains Central Hudson’s Trademarks. All uses by the
participating contractor of Central Hudson’s Trademarks shall inure solely to the benefit of
Central Hudson. Not withstanding the foregoing, any use by participating contractor of
Central Hudson’s Trademarks or intellectual property rights is subject to and must obtain
the prior written consent of Central Hudson.
C. Upon expiration or termination of this Agreement, participating contractor agrees to
immediately cease the use of and shall not thereafter use Central Hudson’s Trademarks.
D. For purposes of this Agreement, Central Hudson’s Trademarks shall include any
trademarks, service marks, names, logos, and designs of Central Hudson (including
program marketing materials) that are now or hereafter owned, claimed, adopted,
acquired, or used by Central Hudson, its parent, subsidiaries, affiliated or related
companies.
5
PLEASE PRINT CLEARLY
Company Name
____________________________________________________
Address
____________________________________________________
Address
____________________________________________________
City State Zip
Business Phone/Fax
____________________________________________________
Area Code Phone Area Code Fax
Business Website ____________________________________________________
Primary Contact ____________________________________________________
E-mail address __________________________________________________
Is your company BPI certified? [ ] Yes [ ] No
Current number of employees at your company: _____
Please circle the type of work you specialize in:
Residential HVAC; Commercial HVAC; Commercial Lighting
Insurance Carrier Contact __________________________________________________
General liability insurance coverage amount __________________________________
Agreed to by:
Participating Contractor Name
Your Name
Your Signature
Date
Please email this completed form and a copy of your business’s liability
insurance certificate to Melissa.Decota@icf.com
or fax it to (518) 419-6463.
Upon receipt of this completed agreement, your company is a Trade Ally. Please
visit www.SavingsCentral.com to view your company listing. Please allow three
weeks for your company to be listed as a participating Trade Ally.
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Central Hudson Gas & Electric Trade Ally Participating (Central Hudson)

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Completed 9 June 2021

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