Dominion Energy Virginia
Energy Conservation Programs
Participating Contractor Agreement
Agreement (the “Agreement”) outlines the responsibilities and requirements of contractors who wish to participate in the Dominion Energy Virginia Non-Residential Heating & Cooling Efficiency, Non-Residential Lighting Systems & Controls, Non-Residential Window Film, Non-Residential Prescriptive and/or Small Business Improvement programs, hereinafter collectively referred to as “the Programs” or individually as a “Program.” The Programs are being offered by Virginia Electric and Power Company, doing business in Virginia as Dominion Energy Virginia (hereinafter referred to as “Dominion Energy”), to customers in its Virginia service territory. Any reference in these documents to “Dominion Energy” should be read as a reference to Virginia Electric and Power Company d/b/a Dominion Energy Virginia, as well as its authorized agents and contractors.
Dominion Energy Virginia’s customers that meet the applicable Program requirements will be eligible to receive incentives following the completion of energy efficiency improvements in accordance with the applicable Program’s requirements. Contractors throughout Dominion Energy’s service territory in Virginia will be eligible to participate in these Programs by agreeing to abide and maintain compliance with these Terms and Conditions, and by maintaining good standing with Dominion Energy Virginia and the Better Business Bureau.
As used herein “Participating Contractor” refers to the contractor whose name appears as the signatory to this Agreement and “Implementing Contractor” refers to Honeywell International Inc.
This Agreement supersedes any prior agreement, written or oral, associated with the Programs. Dominion Energy Virginia reserves the right to modify these Terms and Conditions at any time. Participating Contractors may decide to withdraw from participation of any or all of the Programs at any time upon written notice to Dominion Energy Virginia, provided that this Agreement shall remain in full force and effect with respect to any work performed or obligations arising from the period in time prior to the Participating Contractor’s termination.
Benefits to Participating Contractors:
Dominion Energy Virginia and the Implementing Contractor will provide the following support to Participating Contractors:
In addition to these Terms and Conditions, individual terms and conditions will apply for each of the Programs, and the Participating Contractor shall abide by the terms and conditions for each of the Programs in addition to these Terms and Conditions. The Participating Contractor is subject to removal from the Programs as a participating contractor if it fails to comply with the terms and spirit of these Terms and Conditions, any Program-specific terms and conditions, or the Implementing Contractor, in its discretion, elects to remove the Participating Contractor from the Program(s). In the event that a Participating Contractor is removed from the Program(s), it shall immediately cease promoting its participation in the Program(s) and shall return (at its own expense) any marketing material provided by Dominion Energy Virginia or the Implementing Contractor. Once a Participating Contractor has been removed, it shall not be eligible for consideration by Dominion Energy Virginia to be reinstated for twelve calendar months from the date of notification of removal.
The following guidelines apply to the Participating Contractor’s involvement with the Programs:
Post-Installation Work Verification:
Dominion Energy Virginia, the Implementing Contractor, or an evaluation contractor may conduct field inspections on work performed under any of the Programs in order to verify the work was completed, and to assess the quality of the work in accordance with the applicable Program requirements. If a field inspection determines that actual conditions do not corroborate conditions as indicated on the Participating Contractor’s and/or customer’s application, the customer may be deemed ineligible for a Program incentive.
Indemnification and Limitation of Liability:
In no event shall Dominion Energy Virginia 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 arising from the performance of services or participation by the Participating Contractor in any or all of the Programs. Accordingly, any defects in the Participating Contractor’s services, workmanship, equipment and/or materials used or installed and any resulting claims, disputes, allegations or suits will be the total responsibility of the Participating Contractor. Any such claims, disputes, allegations or suits shall be promptly reported to the Implementing Contractor, accompanied by Participating Contractor’s resolution plan. The Participating Contractor hereby releases and discharges Dominion Energy Virginia and the Implementing Contractor from all liability for such claims, disputes, allegations or suits of every kind and nature. The Participating Contractor shall, to the fullest extent permitted by law, indemnify, defend (at Dominion Energy Virginia’s option), and hold harmless Dominion Energy Virginia 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 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 performance under the Agreement and/or the acts or omissions of the Participating Contractor, its employees, subcontractors and/or agents. Additionally, the Participating Contractor agrees to assume all liabilities or attorney’s fees and other costs incurred by Dominion Energy Virginia arising out of Dominion Energy Virginia’s efforts to enforce the provisions of this section.
The indemnification obligations of the Participating Contractor provided for herein shall in all events survive termination of the Agreement for any reason.
Program incentives may be taxable to the parties receiving the Program incentives. Neither Dominion Energy Virginia nor the Implementing Contractor shall be responsible for any taxes that may be imposed as a result of customers receiving incentives through the Program.