# ENERGY STAR Multifamily High Rise

Developer Participation Agreement, V1.0

**1** To quali f y fo r partnership as a m

u ltifamily high rise developer, y o ur c o m p any m u st be the pri mary party responsible for the design, financing and construction of m u ltifamily mid or high rise projects. For mo re information on the ENERGY STAR M F HR program visit: www. en ergy star.gov / m fhr **Contact Information**  C o mpany N a me : Authorized Co mp any Representative (P r inted na m e): Title: E - m ail: Address: City/State/ Z I P: Telephone : Fax : Signature: Date: **To be**  **comp l**  **eted by**  **U.S. EPA**  **Branch Chief,**  **ENERGY STAR**  **Resi d**  **ential Branc**  **h** , Climate Protection Partn er Division, U.S. Environmental Protection Agency Signature: Date: **To Submit**  **this Participation**  **Agreement:** Fax to 2 0 2 - 3 43 - 2 2 00 or email as a Portable D o c u me nt Format (PDF) to MFHR@energy star.gov **ENERGY S**  **TAR Background**  **Information** EPA’s ENERGY STAR helps consume r s, businesses, and public o r g anizations protect the environment through superior energy efficienc y . ENERGY S TAR for MFHR p r o motes energy - effic i ent buildi ngs that can i m prove build i ng quality and occupant co mfort, lo w er energy de mand, and reduce air pollution. **ENE R**  **GY S**  **TAR’s Commitments**  **to Partners**  1 . EPA will work to increase awar eness of ENERGY S T AR as the trusted government - backed sym bol for energy efficient solutions that save ene r gy , sav e mone y , an d help protect the environment. 2 . EPA will provide partners with timely program updates, information, and resour ces via the ENERGY S T AR web site, we b inars, newsle tters, e - mail, and presentations. 3 . EPA will provide partners with recognit i on for th eir participation in the program through the ENERGY STAR Webs i te, special aw ards, and oth e r media. 4 . EPA will respond swiftly t o any reques t s for infor mation or clarification on EN E RGY STAR program policies. 5 . EPA does not prov i de warranty and can n o t be held li a

ble for construction defects or deficiencies resulting from the proper or i m

proper application of the ENERGY STAR f o r MFHR pro gram guidelines. OMB Control No. 2060 - 0586

# ENERGY STAR Multifamily High Rise

Developer Participation Agreement, V1.0

**2 ENE**  **R GY**  **S TAR**  **M F**  **HR Developers**  **Requir e**  **me n**  **ts** 1 . The ENERGY STAR M F HR Developer Partner agrees to finalize a set of designs that conform to the program ’ s prerequisites an d incorporates the rec o mm ended measur es contributing to the achi e v e ment of the Perfo rman ce Target **O R**  the Prescr ip tive Path requir e ments. 2 . The ENER GY STAR M F HR Develop e r Partner agr e es to construct their project as described by the Proposed Bui lding S ub mittal or commit to make no c h anges during construction that would cause the as built project to fail to co m p ly with the Program ’ s p r erequisites, the Prescriptive Path or cause the modeled consum ption of the as - built project to fa l l below the P erformance Target. 3 . The ENERGY STAR M F HR Developer Partner agrees to have their Proposed and As - Built Building Sub mittals re viewed and validated by a licensed professional (reg i stered architect or professional engineer). 4 . The ENER GY STAR M F HR Develop e r Partner agr e es to ass e ss th e energy performance of the project using ENERGY STAR’s Portfolio M anager for a mini m u m peri o d of 2 y ears f

o llowing th e date of receipts of the Certificat e of Occupancy. **Gen e**  **ral Commi**  **t m**  **en t**  **s fo**  **r ENE**  **R GY**  **STAR Par**  **t ners**  1 . This agreement is vo l unta ry and can be t erminated by eith er party at any ti me for any reason, w ith no penal ty. 2 . Partners will ass u me good faith as a general principle for r esolving conflicts that may arise in relation to the i r program partnership and will seek to resolve all matt ers to prese rve max i m u m public conf

id ence in ENERGY STAR. 3 . Partners shall not construe, cla i m , or i mp l y that participation in ENERGY STAR constitutes federal government approval, acceptance, or endorse ment of anything oth e r than partne r s’ participation in the ENERGY STAR program . Partnership d o es not const i tute federal government e n dorse ment of the partner, i t s buildings, or services. 4 . Partners understand that the activities undertaken in connection wi t h ENERGY STAR are volunta ry and not intended to p r ovide services to the federal govern me n t. As such, partners may not sub mit cla i ms for c o m p ensation to any federal agenc y . 5 . Partners m

u st adhere to the ENERGY S TAR Identity Gu idelines and ensure th at authorized representatives, such as adve rtising agencies, distributor s , and subcontractors, also co m p l y . 6 . To maintain an active partnership, partners m u st be ac t ively engaged with at least one ENER GY STAR MFHR project. To be activ ely engaged in a project, the Partner must be active in either the design phase, construction phase or actively benchmarking an ENE R GY STAR MFHR project. Partners not fulfilling this require ment will be deemed ' inactive' and m u st p r ompt l y cease all use of the ENERGY STAR name and logo, including removal from ma rketing and p ro motional materials. 7 . Qualification of a buildi ng to earn the ENERGY S T AR lab e l shall not be used b y partners to guarantee that it is structurally sound or safe, constructed in accordance with applicable laws, regulations or codes, free of m o ld or mildew, free of volatile organic c o m pounds or allergens, or free of soil gases including radon. 8 . Partners shall act in go o d f aith to resol v e c o m

p laints about the per f

ormance of their ENERGY STAR qualified M F HR buildings and m u st provide EPA with any reques t ed documentation regardi n g a buil ding qualified as ENERGY S T AR. If EPA determines that a buildi ng h as been i m properl y qu alified as ENERGY STAR, the partner is expected to take n e ces s ary actions to resolve the identified issues in a t i mely manner. 9 . Failure to co m

p ly with any of the term s of t h e ENERGY STAR Partnership Agreement can result in te rmination of the organization ’ s partnership and its a cce s s to progr am benefits, in cluding use of the ENERGY STAR logo. 10 . ENERGY S T AR will acti v ely pursue mi suse of the ENERGY S T AR na me and logos. In cases where an organization i s found t o be in severe violation of t h e f e deral ENERGY STAR tra d e mark, EPA ma y refer the matter to the U.S. Department of Ju stice for consideration of civ i l or cri minal penalties.

EPA Form 5900 - 267 The government estimates the average time needed to fill out this form is 0.16 hours and welcomes suggestions for reducing this effort. Send comments (referencing OMB Control Number) to the Director, Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460 .