Energize Connecticut℠ Insulation Installer Network
This Participation Agreement ("Agreement") is between the contractor whose signature appears below ("Participating Contractor") The Connecticut Light and Power Company and Yankee Gas Services Company each dba Eversource Energy (Eversource), The United Illuminating Company, The Southern Connecticut Gas Company, and Connecticut Natural Gas Corporation, (collectively the "Companies") and sets out the terms and conditions under which the Participating Contractor shall participate in the CT Insulation Installer Network ("CTIIN" or the “Network”).
This Agreement supersedes any previous agreement with respect to the subject.
WHEREAS, the Companies are offering customers ("Customers") access to rebates for eligible insulation measures ("Insulation Incentives"); and,
WHEREAS, in order for Customers to qualify for eligible Insulation Incentives available through the Companies’ programs, the Customers are required to use contractors who are included in the CTIIN; and,
WHEREAS, the Participating Contractor wishes to participate in the CTIIN and intends to remain in good standing; and,
WHEREAS, the Participating Contractor acknowledges that insulation and decarbonization are a priority for the state of Connecticut; and,
WHEREAS, the Companies have contracted with a third-party, Center for EcoTechnology ("Program Vendor"), to help support the administration of the CTIIN.
NOW therefore, in consideration of the terms of this Agreement, the Participating Contractor agrees to the following:
SECTION 1. CT INSULATION INSTALLER NETWORK SERVICES:
Services available to Participating Contractors through the network include but are not limited to:
- Access to utilize Home Energy Solutions (HES) Insulation rebates with customers’ installations
- Be an approved contractor with Energize CT financing products to be utilized by customers for their projects.
- Listing on Energize CT.com and leads through the contractor locator tool
- Marketing materials and sales tools, (e.g. brochures and flyers)
- Quarterly e-newsletter, including program updates, upcoming industry trainings, and installation best practices.
SECTION 2. PARTICIPATION REQUIREMENTS
2.1 Participating Contractor Requirements: In order to join the CT Insulation Installer Network:
1. All principals, owners, crew leadership, supervisors, and installers have successfully completed the Insulation Boot Camp training
SECTION 3. TERMS AND CONDITIONS
3.1 Limitation of Liability and Indemnity: THE COMPANIES’ AND PROGRAM VENDORS’ ASSUME NO LIABILITY TO PARTICIPATING CONTRACTOR FOR ANY AND ALL CLAIMS OF ANY KIND, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT. THE COMPANIES AND PROGRAM VENDOR, THEIR AFFILIATES AND EACH OF THEIR REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES AND SUBCONTRACTORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO PARTICIPATING CONTRACTOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES.
Participating Contractor shall defend, indemnify and hold harmless the Companies and Program Vendor and any subsidiaries or affiliates thereof, and each of their respective directors, officers, employees, agents, and representatives ("Indemnitees") from and against any and all liabilities, losses, claims, damages, fines, penalties, costs, expenses (including reasonable attorney's fees), demands and causes of actions of every kind or character ("Losses") arising, or alleged to have arisen out of any claims (just or unjust) relating to a breach of or an act incident to the performance of this Agreement; or the acts or omissions of the Participating Contractor, its employees and/or subcontractors.
Participating Contractor shall hold the Companies and Program Vendor harmless from any claim or suit arising from work in the Insulation offering, including, but not limited to any claim or suit resulting from mechanical equipment combustion safety, fire, indoor air quality, asbestos, vermiculite, lead abatement, mildew, fungus, moisture intrusion, or mold of every type and nature.
3.2 Term and Termination: Regardless of the execution date, this Agreement will remain in effect, unless otherwise noted in writing by the Companies or Program Vendor or terminated earlier by the Companies or Program Vendor for cause or convenience. The Companies or Program Vendor may at any time terminate this Agreement or the available Insulation Incentives in whole or in part, from time to time, for its convenience by providing written notice to the Participating Contractor. Such termination shall be effective in the manner and upon the date specified in said notice and shall be without prejudice to any claims that the Companies or Program Vendor may have against the Participating Contractor.
- This Agreement shall be construed by, and interpreted in accordance with, the laws of the state of Connecticut without regard to its conflicts of law provisions.
- This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter hereof and supersedes all prior written and oral agreements, proposals, promises, and representation of the Parties respecting the subject matter hereof.
- Any private and/or sensitive customer data or information that may be shared with the Participating Contractor must be treated as confidential and not disclosed to any party other than the Companies and Program Vendor.
- The Companies reserve the right to make changes to the Insulation Incentives upon notice to the Participating Contractor. Notification of material changes shall be made by email and/or posting on the Energize CT website.
- Participating Contractor, its employees, agents, and subcontractors shall at all times act as independent contractors and shall not represent themselves as employees or agents of the Companies or Program Vendor.
SECTION 4. PARTICIPATING CONTRACTOR CERTIFICATION
By signing this Agreement the Participating Contractor's representative is certifying that:
- Participating Contractor does not have any unresolved or outstanding complaints before any licensing board or outstanding litigation that involves the work of Participating Contractor or any of Participating Contractor's principals;
- Participating Contractor's representative has the necessary legal authority to act on Participating Contractor's behalf;
- All of the information supplied herein is accurate;
- Participating Contractor has read, understood, and agreed to all of the definitions, terms, and conditions that are a part of this Agreement and the referenced Insulation guidelines or any manuals provided;
- Participating Contractor acknowledges that failure to follow CTIIN and Insulation Incentive requirements and procedures, including submitting necessary documents, will jeopardize Participating Contractor's ability to receive Insulation Incentives or retain participation in CTIIN; and
- The Companies may use the information collected herein for purposes of communicating with CTIIN Participating Contractors.
I certify under the penalties of law that the statements made in this Agreement, and in supporting documentation provided along with this Agreement, have been examined by me and are true and complete. I understand that by signing this Agreement, I consent to any other inquiry to verify or confirm the information I have given. I hereby authorize any reference identified or provided to the Companies by Participating Contractor to release to the Companies and Program Vendor any information pertaining to past or present relevant work. I hereby release from any liability or damage the Companies, Program Vendor, and those persons, agencies, or organizations who may furnish such information.