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UGI Save Smart New Homes Program

PARTICIPATING RATER AGREEMENT 

Introduction

This Agreement sets out the terms and conditions under which Home Energy Rating System (HERS) raters (the “Participating Raters”) can gain benefits by conducting work related to the design and construction of energy efficient new homes for UGI Save Smart New Homes Program (“the Program”).  Participating Raters gain Program benefits if they agree and adhere to the terms of this Agreement and all Program requirements outlined below.

Program background

The Program is one in a portfolio of programs benefiting UGI Utilities, Inc. – Gas Division and UGI Penn Natural Gas, Inc. (collectively, the “Utility”) residential customers (“Participating Customers”) as part the PA Public Utility Commission-approved Act 129 Phase III Energy Efficiency and Conservation Plan. The Utility has retained Performance Systems Development (“PSD”) as the Program’s Contract Service Provider (CSP) to implement the Program.

Benefits for Participating Rater

1. Appearance on the Utility website as a Participating Rater
2. Access to a password-protected web portal, made available later in the Program period, to submit and track customer rebate submissions;
3. Access to Program marketing materials and related services to help promote the Program and your business
4. Notification of Program-sponsored trainings on energy efficiency technologies and Program changes
5. Participation in a network of likeminded professionals to share best practices
6. Feedback on your work and related customer satisfaction

 Program requirements and guidelines

Participating Rater shall:

Program administrative requirements

1. Complete the Program registration fields, including providing the name, phone number, and email of Participating Rater’s contact for Program-related issues, and a physical office address;
2. Attend an initial Program-sponsored training, either in person or on the phone, to review Program policies and procedures, which are subject to change at PSD or the Utility’s discretion;
3. Advise PSD of any potential conflicts of interest or personal relationships that exist between Participating Rater, or its staff, and any PSD employee.

Business requirements

1. Maintain the appropriate Pennsylvania contractor’s license and any other relevant licenses;
2. Carry and maintain in effect insurance of the types and in the amounts that a prudent vendor in the industry would carry and maintain general liability insurance coverage of at least $1,000,000 per occurrence; and, if requested by PSD, furnish a certificate of insurance evidencing commercial general liability, automobile liability, and workers’ compensation and employer liability policies;
3. Demonstrate the capability to conduct business successfully by acknowledging Participating Rater’s business has ONE of the following (A or B)
   1. Satisfactory Dun and Bradstreet Rating; OR
   2. Specific evidence of business capacity including at least two of the following:
      1. Ability to provide a satisfactory banking reference
      2. Ability to provide three satisfactory professional/trade references, such as suppliers of materials, tools, or credit
      3. Ability to demonstrate the Principals of the company have satisfactory credit score / no outstanding liens or judgements

If Participating Rater is unable to meet these requirements, they may submit, in writing, a Request for Waiver to PSD. The Request for Waiver must provide a detailed, reasonable and credible explanation of the reasons why the Participating Rater is unable to comply with the terms of the requirement. PSD reserves the right to approve or reject any Request for Waiver.

4. Maintain a current HERS Rater certification through a RESNET accredited HERS Provider and comply with all applicable RESNET standards for all Ratings submitted to the Program;
5. Remain in good standing with regard to Program-specific Quality Assurance protocols;

Rating Requirements

1. Ensure that all jobs performed under the Program meet all requirements and follow all guidelines of this Agreement
2. When conducting Home Energy Ratings,
   • use tools that perform to manufacturer specifications and adhere to manufacturer’s calibration requirements for each tool;

Submittal Deadlines

1. The Participating Rater or the home builder participating in the Program (the “Participating Homebuilder”) that retained a Participating Rater, must register a home no later than 60 days following the Participating Rater’s insulation inspection. Registration of a home does not guarantee an incentive payment but secures the home’s place in line for an incentive payment to be issued on a first come, first served basis while funds last. A registered home will be removed from the queue 180 days following the permit date. Exceptions may be made at the Utility and PSD’s discretion.
2. Obtain a Certificate of Occupancy issued on or after January 1, 2018 and on or before September 30, 2021 from the local authority having jurisdiction prior to being submitted by the HERS Rater.
3. Provide Program representatives access to each home prior to occupancy to verify installation of measures.
4. The Participating Rater retained by the Participating Homebuilder must submit incentive payment requests within 90 days of the Completed HERS Rating date or ENERGY STAR certification date, or prior to program year submission deadline, whichever is earlier. Incentive payments for eligible homes will be issued within 60 days of the Participating Rater’s submission of all required documentation.

Customer Service Requirements

1. Respond to eligible home builders that contact them about products and services covered by the Program within two (2) business days;
2. Respond in a timely manner to all requests for information from PSD;
3. Notify PSD if no longer interested in participating in the Program once enrolled;
4. Present Program collateral, as instructed during Program trainings, to all Participating Homebuilders;
5. Submit all completed Ratings for homes which a Participating Homebuilder wishes to receive an incentive within 90 days of the completion of the home or prior to program year submission deadline, whichever is earlier.
6. Ensure that relevant Participating Rater employees can accurately discuss the Program with Participating Customers and Participating Homebuilders.

Quality Guidelines

Participating Raters shall meet the Program’s standards for work performed, rebate applications submitted, and customer satisfaction (Standards for Work Performed or “Standards”).  PSD will provide feedback on performance and adherence to the Standards and offer trainings to improve Participating Rater performance.  At PSD’s discretion, Participating Raters shall be removed or suspended from the Program if they continually violate Program policies or otherwise not adhere to the Standards or terms of this Agreement.  The Standards are subject to change at PSD or the Utility’s discretion.

To help ensure Participating Raters meet the Program Standards, PSD shall inspect Rater-verified equipment and submitted rebate applications.  PSD shall perform a desk inspection of every rebate application.  PSD shall perform an on-site inspection of a Participating Rater’s work for one of the first five (5) projects submitted.  After the first on-site inspection, PSD will perform an on-site inspection on at least 25 percent of a Participating Rater’s rated homes.  PSD or an evaluation contractor reserve the right to conduct selected inspections of any job.  If a Participating Rater’s rating (the “Rating”) fails to meet the Standards, the Participating Rater, upon request from PSD, and at no additional cost to the Participating Homebuilder, shall make reasonable corrections to Rating that the Participating Rater has performed to bring such work up to the Standards.  The corrections shall be completed within a reasonable timeframe specified by PSD.  Participating Rater agrees to take steps necessary to ensure that future work shall comply with the Standards. If corrections to the Rating cause the home to fail to meet program eligibility requirements, the builder will not receive an incentive for that home. The builder may take corrective actions to make the home eligible, provided these actions are documented by the Rater and the Rater submits a new Rating reflecting these changes.

Marketing Guidelines

Participating Rater may describe their firm as a “participating rater” in the UGI Save Smart New Homes Program.  Participating Rater shall not describe their firm as “approved,” “certified,” “accredited” or “recommended” by the Utility, and shall not use any other descriptive term which might imply a special relationship with the Utility, or imply that the Utility warrants, in any way, Participating Rater’s work. The specific phrase that may be used in marketing is: [Participating Rater name] is a participating rater in the UGI Save Smart New Homes Program. Participating Rater shall not use the Utility seals, trademarks, service marks, company logos, etc., in any advertising or solicitation of business unless pre-approved in writing by the Utility.  Participating Rater shall not make reference to the Utility, or the Program, in any advertisement which makes claims or refers to a specific level of energy savings and dollar savings that customers may expect from energy efficiency products and services offered.

Termination Clause

PSD may, in its sole discretion, and upon written notification to Participating Rater, terminate Participating Rater from the Program for good reason, including, but not limited to, if PSD cannot verify all items provided in Participating Rater’s application, obtains adverse information about Participating Rater, if Participating Rater is suspected of any fraudulent activity, if Participating Rater violates Program standards or otherwise fails to adhere to the terms set forth in this Agreement. The Utility reserves the right to extend, modify (this includes modification of program incentive levels) or terminate this program without prior or further notice.

Confidentiality

PSD understands the sensitive nature of certain data supplied by Participating Rater as part of the Program. Any confidential customer, sales or price data provided to PSD or the Utility as part of the Program will be used only for the sole purpose of tracking and analyzing trends in sales of equipment. PSD will endeavor to compile and aggregate publicly available data in such a manner that individual confidential customer or price data cannot be identified.  PSD may retain and use statistical, aggregated information to incrementally improve and develop its services and to create studies, research, products or strategic planning regarding its services and may share such information with the Utility; provided that such studies, research, products or plans do not identify customers or Participating Rater.

The cumulative sales information of all Participating Raters may be used to generate progress and summary reports, which are required to evaluate the success of the Program. These reports will be made available to the public, but will not provide Participating Customer or Participating Rater-specific information.

PSD will make all attempts permissible under the law to protect reasonable expectations of confidentiality. However, this Program is subject to public oversight and audit and therefore neither PSD nor the Utilitycan guarantee that any confidential program data or other confidential information received from Participating Rater or Participating Customer will remain confidential. Neither PSD nor UTILITY shall have liability to Participating Rater or any other party resulting from any public disclosure of data or materials.

Indemnity

Rater shall defend, indemnify and hold PSD and/or the Utility and its respective affiliates, officers, directors, advisors, consultants, representatives, agents, successors or assigns, counsel and employees (“Indemnified Persons”) harmless from and against any and all claims, demands, causes of action, suits and other litigation and related damages, losses and expenses, violation of any laws, or failure to maintain any licenses or permits, including but not limited to attorney’s fees arising out of or in connection with Participating Rater’s performance of its obligations hereunder, or sales, installation or performance of equipment sold under the Program. Participating Rater shall reimburse the Indemnified Persons for all expenses, including but not limited to attorney’s fees paid or otherwise incurred in connection with any and all debts, demands, actions, causes of action, suits, accounts and/or covenants that enforce the provisions of this paragraph if either Participating Rater or Participating Rater’s insurer refuses to so defend, indemnify or hold the Indemnified Persons harmless as provided above.

Statement

Program requirements, eligible equipment and incentives are subject to change at any time.

By submitting the application form, I certify that I have read and understood this agreement and thereby agree to the terms and conditions detailed herein.  I have the authority to enter into this Agreement on behalf of my company.