These Cook County Leak Repair Program Terms and Conditions (“Terms and Conditions”) are entered into by and between the “Occupant” named above and Elevate Energy (“Elevate”). In addition to the authorizations above, and other information in this Enrollment Form, the following are the legal terms and conditions that govern your enrollment, if approved, in the Leak Repair Program within Cook County’s Water Affordability Program (the “Program”). You understand that by submitting this Enrollment Form you are agreeing to these Terms and Conditions, and that upon submission of this Enrollment Form by you, a binding legal agreement between you and Elevate is formed:
- Authority. Each person who has completed this Enrollment Form and become subject to these Terms and Conditions represents that such person is the duly authorized representative of the Occupant , as defined below, on whose behalf the person is submitting this form, and that such person has the authority to fully bind that party to these Terms and Conditions. By submitting this Enrollment Form, Occupant acknowledges that it has read and understands and agrees to be bound by these Terms and Conditions.
- Program. Elevate is an Illinois not‐for‐profit corporation that seeks to create a just and equitable world in which everyone has clean and affordable heat, cooling, power, and water in their homes and communities – prioritizing frontline communities. In furtherance of its mission, Elevate administers the Program which is funded by the County of Cook, a body politic and corporate of the State of Illinois (the “County”) through an award to Elevate for the administration and management of the Program pursuant to the American Rescue Plan Act of 2021. Throughout this document, “Elevate” shall refer to the administer of the Program, “Participant” shall refer to the owner(s) of a property receiving repairs, improvement, or other services under the Program, and “Occupant” shall refer to income-eligible adult tenant(s), renter(s), or lessee(s) residing in a property that is not owner-occupied and that receives repairs, improvements, or other services under the Program.
- Eligibility. You understand that determination of eligibility in the Program is in the sole discretion of Elevate. Elevate complies with all applicable laws including, but not limited to laws regarding non-discrimination and equal opportunity regardless of race, color, religion, sex, sexual orientation, gender identity or national origin.
- Occupant Obligations. Occupant warrants that: (i) Occupant currently resides at the Property, which is owned by the Participant specified above; and (ii) Occupant has the authority to enter into this Agreement and perform Occupant’s obligations. Additionally, Occupant hereby agrees to:
- Provide all information to Elevate required for participation in the Program including, but not limited to, documentation of Occupant’s household income and demographic information of Occupant and/or any other residents or tenants of the Property.
- Cooperate with Elevate and any contractor engaged to perform leak repairs and install efficiency upgrades (the “Work”).
- Grant to Elevate, any contractor and their respective employees, agents, subcontractors, and representatives the right to enter the Property for the purposes of performing their respective obligations. Subject to applicable law, neither Elevate, nor any contractor will have any liability to any Occupant or other resident of the property.
- Be responsible for moving, or causing to be moved, any items blocking access, such as boxes, furniture, appliances, etc. and otherwise preparing the Work site for Work. Neither Elevate, nor any contractor, will be responsible for moving any property of Occupant or any other resident of the Property, or preparing the Work site.
- Hold harmless on your own behalf, and on behalf of all other persons who could claim by or through you, Elevate and Cook County from any and all claims, causes of action, damages, or losses, of any nature whatsoever, that you may have with respect to the Work authorized hereunder.
- Grant to Elevate a perpetual, non‐exclusive, universal, fully paid‐up license to use any information Elevate or any contractor obtains about the Property for Elevate’s purposes including, but not limited to, providing to one or more contractors in furtherance of the Work, improving the Program and/or creating a case study which does not identify any individual. Such information may include, but is not limited to, a description of the Work, photographs of the Property, Occupant's pre‐ and post‐Work operating costs, and details about the cost of the Work, water savings, lessons learned, and recommendations for future programs and/or services. This license shall be subject to all applicable laws regarding individuals’ privacy and third parties’ intellectual property rights.
- If Occupant is the sole water accountholder for the Property, grant to Elevate and Cook County access to up to three (3) years of water billing data from before and after the Work from the Property’s water supplier to study the impact of the Work on water savings. The uses of the water billing data by Elevate and Cook County will not include the public release of any personal identifying information or household-level water use data of the Occupant.
- Maintain the Property in habitable condition.
- Not interfere with or attempt to modify the scope of Work, if any, approved by Elevate.
- Termination. Elevate may cease working with Occupant at any time if Occupant breaches any of its obligations, under this Agreement or if Elevate’s agreement with the County is terminated or expires or if funding for the Program ends or is exhausted. Occupant may only opt out of the Program by giving notice to the Participant that owns the Property, who is responsible for providing such notices of intent to opt out to Elevate by no later than seven (7) calendar days prior to Work beginning.