Qualified Service Organization Form

Company Name and Address

Company Name:
Address:    

Company Contact Information

Name: 
Phone:
Email:

NRCan Licence Data

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ERS v15 Licence # : *                 

ERS v15 Licence date : *           

ESNH / R-2000 Licence # :      

ESNH / R-2000 Licence date: 


Qualified Net Zero EA/Trainer/Builder/Renovator Information

Please list all Energy Advisors, Trainers, Builders and Renovators that have been qualified through your Service Organization. If none, please enter N/A. Separate names with comma if more than one person/company.

Qualified Net Zero EA(s):*                

Qualified Net Zero Trainer(s): *       

Qualified Net Zero Builder(s): *       

Qualified Net Zero Renovator(s): *  


AGREEMENT


THIS AGREEMENT dated the   (enter the date)

BETWEEN:
The Canadian Home Builders’ Association
(Hereinafter called the “CHBA”)

-AND-

(Hereinafter called the “Qualified Net Zero Service Organization” or “SO”)

WHEREAS the CHBA has developed the Net Zero Home Labelling Program (“the Program”) to recognize builders and service professionals who commit to its Administrative Requirements, and recognizes houses that these builders and service professionals attest to meeting the Technical Requirements.
THEREFORE, the CHBA and the Qualified Net Zero Service Organization (“SO”) agree as follows:

1.    SERVICES
The SO will provide to the CHBA the following:
a)    The SO shall be a member in good standing of the CHBA.
b)    The SO will train and deploy CHBA Qualified Net Zero Energy Advisors ("Energy Advisors") and CHBA Qualified Net Zero Trainers ("Trainers"), per the current version of the Program Administrative Requirements.
c)    The SO will promptly notify the CHBA of the Energy Advisors and Trainers who have met the Program Qualifications, per the current version of the Administrative Requirements.
d)    The SO’s Qualified Net Zero Energy Advisors and Trainers will provide consulting services, including training, to builders and renovators to meet the qualifications as specified in the current versions of the Administrative Requirements and Technical Requirements.
e)    The SO will not provide a Net Zero Home or Net Zero Ready Home label to a home unless the SO is fully satisfied that the home has met the Technical Requirements, and takes responsibility for that attestation.
f)    The SO will report all required information on homes that have met the Technical Requirements to the CHBA within a month of the home being labelled.
g)    The SO will report all required information on the results of any CHBA Net Zero training sessions delivered (such as attendance, exam results, and participant feedback) within a month of the training completion.
h)    The SO will use the CHBA Net Zero Home Labelling Program branding, language/messaging and marketing/communications as per the usage specifications.
i)    At the reasonable request of the CHBA, the SO shall advise the CHBA of its feedback on the program, including participation in such meetings as the CHBA may reasonably require, at the SO's expense.
j)  The SO will adhere to the Program Code of Ethics:
•    Exercise his/her duties with honesty, integrity, fairness and impartiality;
•    Avoid any apparent conflict of interest and avoid association with any enterprise of questionable character;
•    Uphold and maintain the professional integrity, reputation and practice of the Net Zero Home Labelling Program and related efforts by the CHBA Net Zero Energy Housing Council; and
•    Comply with the Program Administrative and Technical Requirements.
The CHBA reserves the right to terminate the applicable Qualification as designated by the CHBA under this program.

2.    LEGAL STRUCTURE AND INDEMNITY
See the Program Administrative Requirements for Legal Structure and Indemnity.

3.    STATUS
Nothing in this Agreement constitutes the SO as the agent of the CHBA, which status is specifically excluded.

4.    STANDARD OF CARE
The SO shall perform the services under this Agreement with that degree of care, skill and diligence generally accepted as typical in construction training and construction evaluation, at the time such services are rendered.

5.    TIMEFRAME
The work will commence on the date first written above and, subject to paragraph 9 below, the Agreement will be in effect for a term of one year. It is renewed, in yearly increments thereafter, unless either party indicates otherwise at least 30 days prior to the anniversary date.

6.    DELAYS
Neither Party shall be liable or penalized for delays or failure to perform, if same is caused directly or indirectly by circumstances beyond the Party’s reasonable control, acts of God, acts and/or omissions of governmental authorities and regulatory agencies or other events which are beyond the reasonable control of the parties.

7.    OWNERSHIP
All reports and materials produced under this Agreement shall be the property of the CHBA, which shall have unrestricted access and use of all materials produced under this Agreement.

8.    CONFIDENTIALITY
The SO agrees to treat as confidential (during, as well as after completion of the work), all information collected in the course of the work. The CHBA may use information collected and any reports and materials produced as it sees fit for the benefit of CHBA members.

9.    TERMINATION
The CHBA may, at any time, by notice in writing to the SO, suspend or terminate the Services or any portion thereof at any stage. Upon receipt of such written notice by the CHBA, the SO shall perform no further Services other than those reasonably necessary to close out its Services.

10.    INSURANCE
The SO agrees to the following insurance requirements:
a)    To carry and maintain worker’s compensation insurance to statutory requirement amounts.
b)    Commercial General Liability Insurance in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate and shall name the CHBA as Additional Insured.
c)    Professional Liability Insurance (Errors & Omissions) in the amount of $1,000,000 per claim and $2,000,000 in the aggregate and the policy will be renewed for two (2) years after Project completion.
d)    The SO shall provide the CHBA with proof of such insurance.
e)    If the CHBA requests that the SO increase the amount of insurance coverage or obtain other special insurance for the Project, the SO shall endeavour forthwith to obtain such increased or special insurance.
f)    It is understood and agreed that the coverage provided by these policies will not be cancelled by the SO until thirty (30) days after written notice of cancellation has been delivered to the CHBA.

11.    INDEMNIFICATION
Subject to any limitations stated in this Agreement, each Party shall indemnify and hold harmless the other Party, their respective officers, directors, employees, and subcontractors, from and against all claims arising out of damages or liabilities caused by a negligent act, strict liability, breach of contract, error, or omission of the said Party or any of its agents, subcontractors, or employees in the performance of its obligations under this Agreement.

12.    AUDIT
The SO shall keep proper and detailed records as specified in the CHBA Net Zero Home Labelling Program Administrative Requirements, and all other documents relating to the of carrying out the project, and shall at all reasonable times permit inspection and audit of such records by the CHBA.

13.    NOTICES
All notices under this Agreement shall be in writing. It shall be sufficient if the Notice is delivered by hand or by electronic means during normal business hours, whereupon it shall be deemed to have been given and received on the day of delivery. Notice may also be sent by registered mail, postage prepaid, addressed to:

Service Organization:
Attn:

 
P: 
E: 

CHBA
Attn: Kevin Lee, CEO
150 Laurier Avenue West, Suite 500
Ottawa, ON K1P 5J4
P: 613.230.3060
E: kevin.lee@chba.ca

or to such other address as either Party shall have designated by written notice to the other Party, whereupon it shall be deemed to have been given and received on the third business day thereafter.

14.    APPLICABLE LAW
This Agreement shall be governed by the laws in the Province of Ontario.

15.    DISPUTE RESOLUTION
Any disagreement arising between the Parties with reference to this Agreement upon which the Parties cannot agree shall be referred to a single arbitrator in accordance with the laws of arbitration in the Province of Ontario. The costs of the arbitrator shall be shared equally by the Parties on an interim basis as may be necessary provided however that the arbitrator shall have the discretion to award costs of the proceeding, including costs of the arbitrator. All decisions of the arbitrator shall be final and binding upon the Parties thereto and not subject to appeal.

IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above. The signatories have the authority to bind their respective corporations for purposes of this Agreement.

Service Organization
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Canadian Home Builders’ Association
 



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