City of Philadelphia Evaporation Credit Service Enrollment CUSTOMER CONTACT INFORMATION Company Name
Contact Name
Street Address 1
Phone Number
Street Address 2
Fax Number
City, State Zip
Email CUSTOMER BILLING INFORMATION
Company Name
Contact Name
Street Address 1
Phone Number
Street Address 2
Fax Number
City, State Zip
Email PROGRAM & BILLING INFORMATION
Evaporation Credit: 1st Year Split *
50% Customer / 50% princetongreen.org billed monthly
Evaporation Credit: 2nd Year Split *
75% Customer / 25% princetongreen.org billed monthly
Evaporation Credit: Buyout **
50% of (actual credit factor x last year’s water usage) billed upfront
Application Fee ***
$150.00
* The monthly amounts invoiced for the 1st and 2nd year will be calculated using the actual credit factor approved by the City multiplied by last year’s monthly water usage based on the % splits defined above. At year end, the customer has the option to have the total amount invoiced based on actual water usage for the respective year, so long as the actual water bill information is submitted to princetongreen.org within 30 days after the conclusion of the year(s). In other words, once the actual water usage is known for the respective year, princetongreen.org will determine what the total monthly amounts should have been, and submit a reconciliation report along with an invoice or credit for any difference. All invoices are due Net 30. ** The customer retains the option to buyout princetongreen.org by paying one lump sum payment upfront using the actual credit factor approved by the City multiplied by last year’s monthly water usage based on the % split defined above. *** The Application Fee will be paid to the City by princetongreen.org initially, and will be added for reimbursement to the first customer invoice once the customer is set up in the program. IN WITNESS WHEREOF, the undersigned hereby acknowledge that they have read and fully understand the foregoing Agreement and that they agree to each of the terms and conditions contained herein (including Page 2). The Parties hereby execute this Agreement to be effective as of the latest date shown below.
Company
Consultant
Signature
Signature
Print Name
Print Name
Date
Date
princetongreen.org
[Be sure to read terms and conditions of Page 2 of this Agreement] Page 1 of 2
TERMS AND CONDITIONS
This is an agreement between Princeton Green LLC (referred to in this agreement as “princetongreen.org”), a Florida corporation, with its headquarters located at 17 Moran Avenue, Princeton, NJ 08542, and the Customer Name, Customer Address, and Location as specified on Page 1 of this agreement (referred to in this Agreement as the “Customer''). princetongreen.org and the Customer are collectively referred to in this Agreement as the “Parties.'” RECITAL The purpose of this Agreement is to state the terms and conditions under which princetongreen.org will provide the Evaporation Credit Service for the Customer. In consideration of the mutual promises contained in this Agreement, Customer and princetongreen.org agree as follows: SERVICES TO BE PERFORMED 1. princetongreen.org agrees to perform the following Evaporation Credit Service for the Customer. (a) Complete a site survey gathering the appropriate information to calculate the evaporation credit. (b) Submit evaporation credit analysis to the City along with the customer application and application fee. (c) Work with the City to have customer credit factor approved, thereby having the customer receive credit on their bills based on the approved factor applied to the actual water usage. (d) Invoice customer based on the terms specified on page 1 of this agreement. It is agreed that all invoices will be paid within 30 days. Otherwise, interest will accrue at 18%. COMPLIANCE WITH APPLICABLE LAWS 2. In performing the services required under this Agreement, princetongreen.org shall comply with all applicable federal, state, county, and city statutes, ordinances, regulations, and laws. If such compliance is impossible for reasons beyond its control, princetongreen.org shall immediately notify the Customer of that fact, and the reasons for noncompliance. INSURANCE 3. princetongreen.org will carry complete and adequate workers' compensation, public liability, and property damage insurance. COMPENSATION 4. The monthly amounts invoiced for the 1st and 2nd year will be calculated using the actual credit factor approved by the City multiplied by last year’s monthly water usage based on the % splits defined above. At year end, the customer has the option to have the total amount invoiced based on actual water usage for the respective year, so long as the actual water bill information is submitted to princetongreen.org within 30
Page 2 of 2
days after the conclusion of the year(s). In other words, once the actual water usage is known for the respective year, princetongreen.org will determine what the total monthly amounts should have been, and submit a reconciliation report along with an invoice or credit for any difference. All invoices are due Net 30. princetongreen.org will be reimbursed the $150.00 application fee on the first customer invoice. TERM OF AGREEMENT The term of this Agreement shall begin on the Acceptance Date as specified on Page 1 of this Agreement, and shall continue in full force and effect from that date for a maximum of 24 months of water bills. MISCELLANEOUS PROVISIONS Florida Law to Apply: (a) This Agreement shall be construed under and in accordance with the laws of the State of Florida, and venue for any cause of action shall lie in Collier County, Florida. Parties Bound: (b) This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. Legal Construction: (c) In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision in this Agreement and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it. Prior Agreements Superseded: (d) This Agreement constitutes the sole and only agreement of the Parties and supersedes any prior understandings or written or oral agreements between the Parties respecting the subject matter of this Agreement. Attorney's Fees and Costs: (e) If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. Entirety of Agreement and Modifications: (f) The Parties represent that, in entering into this Agreement, all prior negotiations, representations, discussions, or agreements between them relating to the subject matter hereof are superseded, and this Agreement contains the entire understanding between the Parties concerning the subject matter hereof. This Agreement can only be modified in writing, and need to be signed by both parties.