2009 Interim Commercial Lighting Program Efficient Sign Options Program (ESOP) ESOP Participant Agreement

Transcription

1 Program Description The Commercial Lighting Program (hereafter referred to as the Program ) is an energy efficiency program funded by customers of the Pacific Gas and Electric Company ( PG&E ) under the auspices of the California Public Utilities Commission ( CPUC ). PG&E has selected the firm Energy Solutions to serve as the Program Technical Assistance. The Program provides incentives in the form of cash rebates to Licensed Sign Contractors, Agents of, or their Representatives (hereafter referred to as the ESOP Participant ), for selling qualifying Efficient LED Sign Options to nonresidential PG&E electric use customers. The goal of the Program is to encourage upselling (i.e., explaining the technical benefits to customers and calculating return on investment) of efficient LED sign lighting equipment used in letter sign and border lighting installations. To participate in the Program, Licensed Sign Contractors, Agents of, or their Representatives, are required to sign this with PG&E and agree to its provisions. Licensed Sign Contractor, Agents of, or Representatives, Information Company Name ( Licensed Sign Contractor, Agent, Representative ) Number of Locations Street Address City State Zip Mailing Address (if different from above) City State Zip Federal Tax ID Number Tax Status (Corporate or Non-Corporate) Contractors License Number License Type State Internet Web Site Product or Licensed Sign Contractor(s) Represented Primary Management Contact Name Secondary Management Contact Name Phone Number Fax Number Address Phone Number Fax Number Address Rebate Data Entry Contact Phone Number Fax Number Address Page 1 of 7

2 Terms, Definitions, and Conditions of Participation Qualifying Licensed Sign Contractor, Agents of, or their Representatives, (ESOP Participants) For the purposes of this Program, a qualifying Licensed Sign Contractor is an entity that sells and installs qualifying equipment (defined below) to qualifying nonresidential electric use customers of PG&E (defined below). A Representative is an agent of the Licensed Sign Contractor, who acts on behalf of the Licensed Sign Contractor, selling qualifying products to nonresidential PG&E electric customers. Licensed Sign Contractors who use agents or representatives will forfeit claim to any rebate if rebate is to be paid to agent or representative. A rebate will only be given once for any piece of Qualifying Equipment. Qualifying Customers A Qualifying Customer is a nonresidential customer that receives electric transmission or distribution service from PG&E and pays the Public Goods Charge. It is the participating Licensed Sign Contractor s responsibility to supply adequate customer information in the online Application, including the correct customer name, street address of the facility where the equipment is installed, and equipment sales date, to identify a customer s facility as a Qualifying Customer. Insufficient information could result in a rejection of the rebate for the equipment sold to that customer. Note: An electric customer of a municipal utility or irrigation district does not receive electric transmission or distribution service from PG&E and does not pay the Public Goods Charge. Therefore, equipment sold to such customers does not qualify for rebates. Qualifying Equipment Qualifying Equipment is new high-efficiency LED Channel Letter Signage and Border Lighting that is sold to a Qualifying Customer and installed at a Qualifying Customer Facility that receives electric service from PG&E. Equipment must meet or exceed the Program specifications to be considered Qualifying Equipment. Under the Program, specific ESOP Participant Rebates are provided for different types of Qualifying Equipment. A table detailing ESOP Participant Rebate amounts is provided below and can also be found on the Program web-site, Only Qualifying Equipment sold on or after the Program start date and installed in PG&E service territory will be eligible for rebates. Page 2 of 7

3 Program Duration The 2009 Interim Program start date is January 1, Qualifying Equipment sold on or after the start date will be eligible for rebates only if it is installed in the PG&E electric service territory. The 2008 Program ran from April 1st, 2008 through December 31, The Interim Program will continue until 90 days after the PG&E program cycle is approved, or until December 31, 2009, whichever comes first. The Program has a limited budget. Applications will be accepted on a first-come, firstserved basis until the Program end date is reached or until the Program s allocated funds are spent. First-come, first-served status will be determined by the date the rebate Application is submitted online. Online Application Submission Applications for the Program must be submitted online. The URL for the online rebate Application is All online Applications must be entered and submitted within 90 days of the approval of PG&E's program cycle, or December 31, 2009, whichever comes first. If you do not have access to the internet to submit your Application online, please contact the Program Technical Assistance (Energy Solution) listed below to make other arrangements for Application submission. By using the online rebate system, you acknowledge and accept the Terms and Conditions of the Program listed on the website. When you accept the Terms and Conditions, the rebate Application becomes a legally binding contract between you and PG&E. If the Program Technical Assistance enters an Application online for you, you agree that Application is legally binding as if you had entered it personally. You may only enter an Application after receiving an ESOP Participant Identification Number and password. You should change your password before your first Application entry. You will be responsible for maintaining the privacy of your password and for Applications submitted using your password. Facsimiles (Faxes) Facsimiles of documents and any associated signatures shall be accepted as originals (except for this Participation Agreement). All supporting documentation shall be faxed to the Program fax number (510) To be eligible for the Program, all supporting documentation (usually equipment specification sheets) and any paper Applications must be faxed on or before the above mentioned end dates. Documents that are scanned and ed will be considered and treated the same as facsimiles. Verification Each piece of equipment will be subject to verification of installation. Verification will be performed per PG&E requirements by PG&E on all equipment listed, or a select portion of the equipment listed, on every Application. In order to pass verification, the equipment s exact model number as listed in the Application must match the equipment, the equipment must be verified to be new equipment, and the equipment must be actually installed at the Page 3 of 7

4 Qualifying Customer s facility. The ESOP Participant is responsible for submitting accurate and exact customer addresses. Incorrect addresses can result in PG&E s failing all the equipment at that location. Invoicing and Payment PG&E agrees to reimburse ESOP Participant for incentives given to customers for Qualifying Products sold that meet the terms and conditions specified in this Agreement, up to the program budget. ESOP Participant shall submit an online application for incentive reimbursement within 30 days following each sales transaction. PG&E may request the following documents to verify that the information in the online application from Contractor is accurate: - Copies of invoice(s) and/or purchase order(s) showing sales by Contractor to Qualifying Customers (such as vendors, contractors, building maintenance companies, and nonresidential electric customers). - Copies of proofs of delivery (POD) or similar freight documentation (to include: purchase order #, retail store and address where product was delivered, quantity delivered, date product was delivered, and signature from recipient). In the event Program is terminated in accordance with the provisions in this Agreement, PG&E will pay any amounts owing to ESOP Participant as of the termination date. Refunds; Adjustments PG&E is entitled to a prompt refund from ESOP Participant of any and all rebate amounts paid to ESOP Participant for Qualifying Equipment that fails verification. Any refund of rebate amounts paid to ESOP Participant to which PG&E becomes entitled will be deducted as an adjustment from ESOP Participant s next rebate payment under the Program. If PG&E cannot offset the refund, then ESOP Participant must promptly refund to PG&E the rebate amounts due PG&E as a result of the failed verification(s). Any rebate applied for in an Application submitted by ESOP Participant near the end date of the Program may be held by PG&E until verification is completed. Suspension At its discretion, PG&E reserves the right to suspend a Qualifying ESOP Participant from the Program. Typical reasons for a suspension are: incorrect or inaccurate rebate Applications, failed verifications or inspections, not adhering to this Agreement, or violating PG&E s Program policies and procedures or the Program s terms and conditions. An ESOP Participant may apply for reinstatement to the Program after 90 days. During the suspension period, the Program Technical Assistance and PG&E reserve the right to disqualify all of the Program Applications for all of the ESOP Participant s equipment sales from the date of suspension to the date of reinstatement. ESOP Participant initials: Page 4 of 7

5 Program Contacts For Program related questions, please call the PG&E Program Administrators. For any questions on the online application, qualifying equipment and customers, or other technical issues, please contact Program Support. Program Support: Energy Solutions Jordan Shackelford (510) ext. 213 Program Administrator: PG&E Dave Alexander (415) Michael Faria (510) Authority to Modify or Terminate the Agreement This Agreement shall at all times be subject to such changes or modifications by the CPUC as it may from time to time direct in the exercise of its jurisdiction. PG&E reserves the right to modify or terminate this Contract in the event that the Commission modifies the Program. ESOP Participant understands that the CPUC may commence an investigation or other regulatory proceeding in connection with the Program and/or this Agreement. ESOP Participant agrees to cooperate fully with any such investigation or proceeding. In addition, PG&E reserves the right to terminate this Program without cause after reasonable notice to Licensed Sign Contractors, Agents of, or their Representatives; in the event of such Program termination, PG&E agrees to pay any amounts owing to ESOP Participant as of the termination date. ESOP Participant or PG&E may terminate this Agreement at any time upon 15 calendar days written notice to the address specified in Program Contact Section of this Agreement. In the event of termination, PG&E shall be liable to ESOP Participant only for the amount of discounts paid to eligible customers to the date of termination. ESOP Participant shall not be entitled to any payment for lost or anticipated profits or overhead on forecasted levels of sales. In addition, ESOP Participant agrees to promptly remove any and all program related promotional materials. PG&E does not guarantee that it can keep any data confidential. This Program is subject to oversight by the CPUC, which may wish to review any Program data that PG&E receives. Furthermore, PG&E will have no liability to ESOP Participant or other party as result of any public disclosure of any data or other materials. Nonetheless, PG&E understands the sensitive nature of certain data supplied by ESOP Participant. Any ESOP Participant data provided by ESOP Participant to PG&E as part of Page 5 of 7

6 the Program will be used only for the purpose of tracking and analyzing trends in sales of Qualifying Equipment over the course of the Program in order to evaluate the effectiveness of the Program. The cumulative sales information of all participating Licensed Sign Contractors, Agents of, or their Representatives, will be used to generate an overall report, which will act as the basis for determination of the Program s success. This report will be made available to the public. However, this report will not be ESOP Participant-specific. Application Agreement Clauses The following clauses contain Terms and Conditions that are part of every Program Application. By signing this, ESOP Participant agrees that these Terms and Conditions will apply to every Program Application ESOP Participant submits: I, as ESOP Participant or as an authorized representative of ESOP Participant, certify that the information ESOP Participant has submitted for this Program is true and correct and that all of the equipment claimed in any Application will be new and sold to a PG&E customer intending to install it in a facility that receives electric transmission or distribution service from PG&E and pays the Public Goods Charge. ESOP Participant agrees to cooperate with verification activities conducted by PG&E or the Program Technical Assistance of both the sales transaction and product installation, and to provide information about its stocking practices, sales practices, and customers for use in Program measurement and evaluation activities. ESOP Participant understands that Applications and supporting documentation must be received by PG&E online or faxed no later than 90 days after the approval of PG&E's program cycle, or December 31, 2009, whichever comes first. ESOP Participant understands that the Program has a limited budget and Applications will be accepted on a first-come, first-served basis until the program end-date or until the Program s allocated funds are no longer available. Eligible equipment may qualify for a PG&E Customer Rebate, inclusion in another efficient lighting program funded by the Public Goods Charge, or this ESOP Participant Rebate program. Per CPUC guidelines, only one Public Goods Charge rebate or installation incentive may be paid for a given unit of lighting equipment. ESOP Participant understands that it is responsible for communicating to the customer that the equipment rebated under the ESOP Participant Rebate program is not eligible for additional rebates or incentives. ESOP Participant agrees not to submit equipment for rebate that is to be used in another installation program funded by the Public Goods Charge. Page 6 of 7

7 ESOP Participant understands the Program requirements as set forth in this ESOP Participant Agreement and agrees to abide by those requirements. Further, ESOP Participant understands that payment of any rebate under the Program is contingent upon providing PG&E with all necessary documentation to support ESOP Participant s Application(s). ESOP Participant understands that PG&E or the Program Technical Assistance will conduct selected field verifications to ensure that equipment was sold and installed in the manner required by the Program, and that PG&E reserves the right to adjust or deny rebate payments, require repayment of rebates previously paid, or suspend ESOP Participant s participation in the Program based on the results of these field verifications. Tax Liability PG&E will report ESOP Participant s rebates as income to ESOP Participant on IRS Form 1099 unless ESOP Participant has indicated corporation tax status above. ESOP Participant is urged to consult its tax adviser concerning the taxability of rebates. PG&E is not responsible for any taxes that may be imposed on ESOP Participant as a result of receipt of rebates from this Program. ESOP Participant has caused this Participation Agreement to be executed by its duly authorized representative. ESOP Participant Signature Title Print Name Date Mailing Instructions: Please make a copy of this for your records, and then mail the original signed document to: Energy Solutions Attention: Claudine Jones 1610 Harrison Street Oakland, CA Page 7 of 7