RTUsaver PROGRAM PARTICIPANT AGREEMENT

Transcription

1 RTUsaver PROGRAM PARTICIPANT AGREEMENT Business Name: (the "Participant") Participant Address*: (the "Facility" or Facilities, as applicable) City/Town: PARTICIPANT INFORMATION Postal Code: Contact Name: Phone: Existing Rooftop Unit: o HVAC 4 tons o Single zone >1,500 sq. ft. Measure(s): Local Distribution Company: (the LDC ) THESL or OHEDI Account Number: Participant Incentive Connected Thermostat RTU Energy Efficiency Report o Toronto Hydro o Oakville Hydro Preferred Contractor Will you be using the LDC s contractor to install the Measure? o Yes o No If No, provide name of the Preferred Contractor: The RTUsaver program (the "Program") is delivered by Toronto Hydro-Electric System Limited ("Toronto Hydro") on its behalf and on behalf of Oakville Hydro Electricity Distribution Inc. ( Oakville Hydro ). The Program is funded by the Independent Electric System Operator ("IESO"). * If there are multiple Participant locations please list and attach as Appendix A to this Participant Agreement (List of Locations). All Facilities will be subject to the terms and conditions of this Participant Agreement. The Participant Incentive will include the following: RTU Connected Thermostat having the following specifications: o Securable using password protection o At a minimum, be adjustable from 12.8 C to 29.5 C o Wifi enabled to optimally control the RTU actual operating hours and support precise temperature control o Remotely programmable o Web-based monitoring o 3 year warranty RTU Energy Efficiency Report which shall include but not be limited to: o An inventory of energy consuming equipment, including controls, or operational parameters, that may impact system performance o Calculated savings associated with the installation of the Connected Thermostat o Identification of energy efficiency opportunities o Estimated savings associated with proposed additional Retrofit energy efficiency measures Page 1 of 7

2 As consideration for the Participant Incentive described above at the Facility (identified above), the Participant agrees to the following terms and conditions: 1. This Participation Agreement is between the LDC (noted above) and the Participant. The LDC may subcontract any of its responsibilities under this Program to its contractor, an assignee, an affiliate or a third party. 2. Preferred Contractor: Notwithstanding section 1, this section 2 applies to Participants who have selected to retain the services of the Participant s preferred contractor to install the Measure(s) (Measures to be provided by Toronto Hydro s free of charge to the Participant), in the Facility. The Participant will be responsible for ensuring that its preferred contractor installs the Measure(s) in accordance with the Measure installation specifications and is required to allow Ainsworth access to relevant equipment to confirm the appropriate installation. Determination of whether the Measure can be installed without damage to the Facility shall be the sole responsibility of the Participant and the Participant s preferred contractor. The Participant s preferred contractor will be responsible for obtaining all permits and/or authorizations required for the installation of the Measure at its sole cost and expense. The LDC agrees to contribute to the cost of the installation of the Measure by the Participant s preferred contractor (the Contribution ) in accordance with the table below. The Participant shall invoice Toronto Hydro for the Contribution. Invoices, together with documentation evidencing installation of the Measure(s), must be sent electronically to: CDM@torontohydro.com. Thermostat Make Contribution Schneider Electric $200 Ecobee $ The Participant represents and warrants that: (c) (d) it has all required rights and authority to have the Measure installed; it has not received, is not receiving or will not receive any financial incentives generally funded by electricity ratepayers or taxpayers of the Province of Ontario with respect to the Measures; it would not otherwise have undertaken this project without the financial support and participation of the IESO and the LDC; it has the authority and capacity to enter into this Participant Agreement. 4. Eligibility Criteria. To be eligible to participate in the Program, the Participant must: (c) (d) be a non-residential customer of the LDC with average annual demand of less than 250kW; have at least 1 RTU greater than or equal to four (4) tons in capacity or that the Facility has a single zoned conditioned space greater than 1,500 ft 2 ; where an RTU is greater than two years of age, the Participant agrees that the LDC can perform an RTU Health Check assessment at no cost to the Participant; ensure that the RTU to which the Measure is connected is in good working order. In the event repairs are required, the Participant will ensure all repairs are made at the Participant s own cost and expense. NOTE: the LDC s subcontractor is certified in the handling of gaseous fuels. In the event that the appliance to which the Measure is connected is found to be in disrepair such that its condition poses an immediate hazard, the LDC s subcontractor has an obligation under Page 2 of 7

3 applicable laws and regulations to immediately shut off the supply of gas to the appliance or the workplace; (e) obtain and maintain, at its sole cost and expense, internet connectivity to which the Measure will be connected; (f) have the Measures completed and/or installed before December 31, 2020; (g) (h) not remove or tamper with the Measure (other than in the normal course of operation) for a minimum period of 4 years. Removal of the Measure will at all time be at the sole cost and expense of the Participant; agree to participate in any survey, study, audit, evaluation or verification conducted by the LDC or the IESO or their respective service providers in connection with the Program, including for the purpose of proper administration, monitoring and verification of this Participant Agreement or evaluation of the Program and will provide to them reasonable access to the Participant s records and the Facility for such purposes. By applying to the Program, the Participant represents and warrants that it has met the eligibility criteria above. If the LDC determines in its sole discretion that the Measure cannot be installed, including for safety or access reasons, this Participant Agreement will terminate without liability by either party. 5. Disclosure/Consent to use information. The Participant hereby consents to the collection, use, disclosure and other handling of any information it provides to the Program Operators (as defined below), including personal information and records showing past and current energy usage (the Participant Information ) by the Program Operators for purposes relating to the operation, administration or assessment of the Program or this Participant Agreement and in connection with any reporting activities, follow-up surveys, studies and audits relating to the program, which shall include, without limitation: (i) sharing of participant Information among the Program Operators; (ii) use by the Program Operators of the participant information provided by the Participant to conduct, analyze and report on the results of surveys and modify the program based on such surveys; and disclosure to the Ontario Energy Board, the IESO, the Ontario Ministry of Energy or the Ontario Environmental Commissioner or their respective successors. The Participant hereby acknowledges that the Participant Information may be accessible to third parties under the Freedom of Information and Protection of Privacy Act (Ontario) or the Municipal Freedom of Information and Protection of Privacy Act (Ontario). The Participant may access the LDC s privacy policy at: aspx and the IESO's privacy policy at The Participant understands that in connection with surveys, studies and audits, the IESO may contact you directly. Pursuant to Canada s anti-spam legislation (hereinafter CASL ), the LDC, on behalf of the IESO is hereby requesting your Express Consent (as that term is meant in CASL and its associated Regulations) to contact you at the electronic address identified in this Participant Agreement. If you wish the IESO to communicate with you by in connection with future conservation programs, customer satisfaction surveys and other related purposes, please confirm by marking or initialling here. You may withdraw our consent at any time by contacting the IESO at customer.relations@ieso.ca, at 120 Adelaide Street West, Suite 1600, Toronto, ON, M5H 1Y1, ieso.ca, saveonenergy.ca or Indemnity. The Program Operators (as defined below) will indemnify, defend and hold the LDC, the IESO, the Government of Ontario and their respective affiliates, and each of the foregoing Persons respective Page 3 of 7

4 directors, officers, employees, shareholders, advisors, third party service providers and agents (including contractors and their employees (collectively, the Program Operators ) harmless from any and all liability and all claims, losses, damages (including indirect or consequential damages), expenses and proceedings for personal injury (including death) or property damage of any person relating to, in connection with, resulting from, or arising out of the Program or any other matter contemplated by the terms and conditions of this Participant Agreement. 7. The LDC shall not be in default, and shall not be deemed to be in default, of this Participant Agreement by reason of delay or the failure or inability to perform its obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyond the reasonable control of the LDC, including without limitation any act of God or other cause which frustrates the performance of this Participant Agreement. 8. Environmental Attributes. (c) (d) (e) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been paid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the Electricity Savings Environmental Attributes ) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the IESO Environmental Attributes ) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the Participant Environmental Attributes ), where Environmental Attribute Funding Percentage means, in respect of an Eligible Measure purchase and installed, the total incentive amount paid to the Participant and funded by the IESO in respect of the Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, realizing ) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage. The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. The IESO will be entitled unilaterally and without consent deal with such IESO Environmental Attributes in any manner it determines. You acknowledge that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. The Participant agrees that it will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and Page 4 of 7

5 (ii) certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage. 9. The LDC and the IESO may publicize the Participant s participation in the Program. 10. No endorsement: Except as specifically set forth or referenced in this Participant Agreement, there are no representations, warranties or conditions of either party to this Participant Agreement, express, implied, statutory or otherwise, regarding any matter, including any implied warranty or conditions of quality, workmanship, safety, legal compliance or fitness for a particular purpose. Without limiting the generality of the foregoing, the Participant acknowledges that its participation in the Program is based upon its own assessment of the Program and not on any reliance on anticipated or projected results, and that such participation may not result in the achievement of any electricity savings or demand savings, which are expressly disclaimed by the Participant. 11. Miscellaneous: Except as otherwise provided, this Participant Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all prior representations, communications, negotiations and understandings, whether oral, written, express or implied, concerning the subject matter of this Participant Agreement. This Participant Agreement may not be varied, amended or supplemented except by an agreement executed by both parties. This Participant Agreement will ensure to the benefit of and be binding upon the Participant and the Program Operators and their respective successors and permitted assigns. This Participant Agreement will not be assigned by the Participant to another party. The Participant will, from time to time, on written request of the Program Operators, do all such further acts and execute and delivery or cause to be done, executed and delivered all such further things as may be reasonably required in order to fully perform and to more effectively implement the terms of this Participant Agreement. This Participant Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The invalidity, unenforceability or illegality of any provision in this Participant Agreement will not, to the extent permitted by applicable laws, affect the validity, enforceability or legality of any other provision of this Participant Agreement which will remain in full force and effect. The Program terms and conditions are subject to change without notice and may be terminated without notice. 12. The Participant acknowledges that it is an independent entity and that there is no joint venture, partnership and agency created or implied by this Participant Agreement. 13. If the Facility is one for which the participant as owner or operator is permitted to allow tenants to occupy rental units subject to the Residential Tenancies Act, 2006 (the RTA ), the Participant shall not use the Participant Incentive as a basis for applying to the Landlord and Tenant Board (being the Board in the RTA) for an increase in the annual rent amounts paid by such tenants above the annual rent-increase guideline permitted under the RTA. 14. This Participant Agreement may be executed and delivered by facsimile transmission or by any other method of electronic execution and the parties may rely upon all such signatures as though such signatures were original signatures. Page 5 of 7

6 By signing below [or clicking here], the Participant acknowledge that the Participant has reviewed and understands and agrees to be bound by the terms and condition of the Program as set forth herein. Authorized Signature: Title: Date: I have authority to bind the Participant. IESO Contact Information: 120 Adelaide Street West, Suite 1600, Toronto, ON M5H 1T customer.relations@ieso.ca LDC Contact Information: Toronto Hydro-Electric System Limited 14 Carlton Street, Toronto, ON M5B 1K cdm@torontohydro.com Oakville Hydro Electricity Distribution Inc 861 Redwood Square, Oakville ON L6K 0C Retrofit@oakvillehydro.com Page 6 of 7

7 APPENDIX A Participant Address (the "Facility") City Postal Code Contact Name Phone THESL / OHEDI Account No. Page 7 of 7