Participation Agreement Changes
Programs: EmPower+
To: Participating Contractors
Summary: Participation Agreement Changes
Questions: If there are any questions or you would like to change your participation status send an email to empower.residential@nyserda.ny.gov
The following changes have been made to the Residential Contractor Participation Agreement and are applicable to all current participating contractors. These changes became effective June 3, 2024. The Participation Agreement can be reviewed in full in Section 2 of the Program Manual. For existing contractors, no action is required on your part to continue your participation.
Should you no longer wish to participate in the Program, or if you have any objection to continuing participation in the Program under these terms and conditions, please provide notice to NYSERDA by emailing empower.residential@nyserda.ny.gov no later than June 21, 2024.
3.9 Customer Issues and Dispute Resolution
NYSERDA requires the Participating Contractor to maintain a dispute resolution policy on file. The policy shall include protocols for a timely response, identification of responsible parties, documentation of corrective actions, results, and a means of identifying and addressing systemic issues. If a Participating Contractor, or its Subcontractor, becomes involved in a dispute with a Customer over business practices, the Participating Contractor shall work to settle the dispute amicably utilizing the Participating Contractor’s customer dispute resolution policy.
3.11 Code of Conduct
Participating Contractor is familiar with and will comply with NYSERDA’s Code of Conduct for Contractors, Consultants, and Vendors1 with respect to the performance of this Agreement, including, but not limited to, the provisions that ensure the appropriate use of public funds by requiring Contractors, Consultants and Vendors to refrain from policy advocacy on behalf of NYSERDA unless explicitly authorized, and in the manner described, under the terms of their Agreement; and to refrain from providing advocacy positions or opinions of their own that could be construed as those of NYSERDA.
1 The Contractor Code of Conduct can be found at https://www.nyserda.ny.gov/About/Board-Governance
In addition, the Participating Contractor must follow the policies and procedures found on the Doing Business with NYSERDA webpage at https://www.nyserda.ny.gov/About/Doing-Business-with-NYSERDA, as amended and superseded.
4 Agreement Terms
The Contractor acknowledges this Agreement is completely voluntary. NYSERDA may suspend or terminate a Participating Contractor from participation in the Program for any reason, including failure to maintain Program standards, poor performance, unresponsiveness, or inappropriate behavior. In all cases involving a Participating Contractor’s participation status, NYSERDA’s written decision is final.
6.1 Contract Compliance
It is the sole responsibility of the Participating Contractor to ensure that all contracts and subcontracts submitted to the Program by the Participating Contractor are written in full compliance with requirements detailed in the applicable Program Manual(s).
It is the sole responsibility of the Participating Contractor to ensure that all contracts and subcontracts submitted to the Program by the Participating Contractor are written in full compliance with the General Business Law, Article 36-A “HOME IMPROVEMENT CONTRACTS” and any other applicable statutory or regulatory provisions. Contracts and other documents submitted by the Participating Contractor must be clear and legible and include line-item detail for each installed measure, including nameplate and efficiency information and cannot contain mandatory arbitration clauses.
The contract must include the following holder-in-due course term: “Any holder of a consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods and services obtained pursuant hereto or with the proceeds hereof, recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.”
Upon request by NYSERDA or Implementation Contractor staff, the Participating Contractor shall provide additional details regarding contractual terms and costs for the purposes of project review.
7.2 Eligible Measures
Eligible Measures are home upgrade options that are eligible for Incentives or financing through NYSERDA’s programs that are covered by this Participation Agreement, and meet the requirements stated in the relevant Program Manuals, and affiliated Program documents. To the greatest extent practicable, all equipment and products purchased with funds made available for the Program should be American-made.
7.6 Repayment or Recapture of Program Incentives
The Participating Contractor acknowledges if NYSERDA determines a Participating Contractor has not strictly adhered to the terms and conditions of the Program for a project, any Program Incentives paid to the Customer and/or Participating Contractor on the project, or any Program incentives due and owing to the Contractor under the Program, shall be repaid to, or recaptured by, the Program from the Participating Contractor. Upon notice from NYSERDA, the Participating Contractor shall provide NYSERDA direct payment within 30 days for the identified outstanding value of any Program Incentives paid on Projects that do not comply with Program terms, conditions, policies, or procedures identified in this Agreement, the applicable Program Manual(s), or Program Announcements. Failure to repay funds owed to NYSERDA may result in referral of the matter to the Attorney General’s Office.