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PPL New Home Program
PARTICIPATING HOMEBUILDER AGREEMENT
Program Period June, 1 2017-May 31, 2021
This Agreement sets out the terms and conditions under which Participating Homebuilders can gain benefits by conducting work related to the design and construction of energy efficient new homes for the PPL New Homes Program (“the Program”). Participating Homebuilders gain Program benefits if they agree and adhere to the terms of this Agreement and all Program requirements outlined below.
The Program is one in a portfolio of programs benefiting PPL Electric Utilties’ (“PPL”) residential customers (“Participating Customers”) as part the PA Public Utility Commission-approved Act 129 Phase III Energy Efficiency and Conservation Plan. PPL retained Ecova as the Program’s Conservation Service Provider and Ecova hired Performance Systems Development (PSD) as a subcontractor to implement the New Homes Program.
Benefits for Participating Homebuilder
Program requirements and guidelines
Participating Homebuilder shall:
Program administrative requirements
If Participating Homebuilder is unable to meet these requirements, it may submit, in writing, a Request for Waiver to Ecova. The Request for Waiver must provide a detailed, reasonable, and credible explanation of the reasons why the Participating Homebuilder is unable to comply with the requirements. Ecova reserves the right to approve or reject any Request for Waiver.
Participating Homebuilders will receive an incentive only for eligible homes that qualify for the Program once the home has been constructed, has received a Home Energy Rating, and other program requirements met. Incentive funds will be paid on a first come, first served basis until May 31, 2021. Additionally, Participating Homebuilders requesting rebates for qualifying homes are obligated to do the following:
Customer Service Requirements
To help ensure Participating Homebuilders meet the Program standards, Ecova shall inspect homebuilder-installed equipment and submitted rebate applications. Ecova and 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 5 percent of a Rater’s Rated homes. PSD and Ecova reserve the right to conduct selected inspections of any job. If a 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.
Participating Homebuilder may describe itself as a “participating homebuilder” in the PPL Energy Efficient Homes Program. Participating Homebuilder shall not describe itself as “approved,” “certified,” “accredited”, or “recommended” by PPL Electric Utilities, and shall not use any other descriptive term that might imply a special relationship with PPL Electric Utilities, or imply that PPL Electric Utilities warrants Participating Homebuilder’s work. The specific phrase that may be used in marketing is: “[Participating Homebuilder name] is a participating homebuilder in the PPL Electric Utilities New Homes Program.” Participating Homebuilder shall not use the PPL Electric Utilities seals, trademarks, service marks, company logos, etc., in any advertising or solicitation of business unless pre-approved by Ecova. Participating Homebuilder shall not make reference to PPL Electric Utilities, or the New Home Rebates Program, in any advertisement that 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.
Ecova may, in its sole discretion, and upon written notification to Participating Homebuilder, terminate Participating Homebuilder from the Program for good reason, including, but not limited to, if Ecova cannot verify all items provided in Participating Homebuilder’s application, obtains adverse information about Participating Homebuilder, if Participating Homebuilder is suspected of any fraudulent activity, if Participating Homebuilder persistently violates Program standards, or otherwise does not comply with the terms of this Agreement.
PPL Electric Utilities and Ecova understand the sensitive nature of certain data supplied by Participating Homebuilder as part of the Program. Any confidential customer, sales, or price data provided to Ecova, PSD, or PPL Electric Utilities as part of the Program will be used only for the sole purpose of tracking and analyzing trends in sales of equipment. PPL Electric Utilities and Ecova shall endeavor to compile and aggregate publicly available data in such a manner that individual confidential customer or price data cannot be identified. Ecova and PSD may retain and use statistical, aggregated information to incrementally improve and develop services and to create studies, research, products, or strategic planning regarding services and may share such information with PPL Electric Utilities; provided that such studies, research, products, or plans do not identify customers or Participating Homebuilder.
The cumulative sales information of all Participating Homebuilders 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 Homebuilder-specific information.
Ecova and 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 Ecova, PSD, nor PPL can guarantee that any confidential program data or other confidential information received from Participating Homebuilder or Participating Customer will remain confidential. Neither Ecova, PSD, nor PPL shall have liability to Participating Homebuilder, Participating Customer, or any other party resulting from any public disclosure of data or materials.
Homebuilder shall defend, indemnify, and hold Ecova, PSD, and PPL and their respective affiliates, officers, directors, advisers, consultants, representatives, agents, successors, 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 Homebuilder’s performance of its obligations hereunder, or sales, installation or performance of equipment sold under the Program. Participating Homebuilder 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 Homebuilder’s or Participating Homebuilder’s insurer refuses to so defend, indemnify or hold the Indemnified Persons harmless as provided above.
Program requirements, eligible equipment, and incentives are subject to change at any time.
By clicking agree below, 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.