Energy Saver Home Loan Program Participation Agreement 

Energy Saver Home Loan Program Participating Contractor Network

Thank you for your interest in becoming a Participating Contractor in the Energy Saver Home Loan Program (ESHLP). This application is part of getting your business included on the Participating Contractor Network (PCN) for your service area. Once this application is completed, Abode will follow up regarding any questions and/or approval.

Before you get started, please be aware that this application will require your EPA Refrigerant Certification (if applicable), Certificate of Insurance, all relevant manufacturer training certificates, relevant licenses found on table 1, electrician license number, sheet metal license number (if applicable), and a high-res logo for your company.

Participating Contractor Network Participation Agreement

  

This Participation Agreement ("Agreement") is between the contractor whose signature appears below ("Participating Contractor") and Abode Energy Management LLC (“Abode”).

WHEREAS, MassHousing, acting on behalf of the Massachusetts Community Climate Bank (“MCCB”) has contracted with Abode to serve as its Energy Services Provider (ESP) for MCCB’s Energy Saver Home Loan Program (“ESHLP” or “the Program”); 

WHEREAS, in order for customers to qualify for the Energy Saver Home Loan Program, MassHousing requires that work must be performed by contractors who are approved participants in the ESHLP Participating Contractor Network (PCN);

WHEREAS as ESP for the Program, Abode is responsible for establishing and administering the PCN;

WHEREAS, the Participating Contractor wishes to participate in the PCN, in accordance with the terms set forth in this Agreement;

NOW therefore, in consideration of the terms of this Agreement, the Participating Contractor and Abode hereby mutually agree to the following:

SECTION 1. PARTICIPATING CONTRACTOR NETWORK SERVICES

Benefits that may be offered to the Participating Contractor through the PCN include: 

• Access to the Energy Saver Home Loan product for Customers;
• Listing on the Program website and leads through the contractor locator tool;
• Marketing materials and sales tools, including customer brochures and flyers; 
• Regular Program updates
• Ongoing technical support and resources from Abode

MassHousing may expand, reduce, or otherwise alter the services available through the Program or the PCN at any time, in its sole discretion. Abode will notify the Participating Contractor in writing of any such changes and their effect on the terms of this Agreement between Abode and the Participating Contractor. Program.

SECTION 2. PARTICIPATION REQUIREMENTS 

2.1 Participating Contractor Requirements.

The Participating Contractor must fulfill the following requirements to qualify for the PCN, and must maintain all such qualifications at all times that this Agreement remains in effect:

All Participating Contractors are required to submit the following.

1. Signed copy of this Participating Contractor Agreement
2. W-9
3. Trade specific licenses outlined in Table 1
4. Certificate of Comprehensive General Liability Insurance showing
   • General Liability coverage of $1,000,000 or greater
   • All Risk Insurance Policy equal to 100% of the full replacement cost of the improvements
   • Public Liability & Property Damage Insurance
   • Workers Compensation (as required by state law) (if applicable)
   • Automobile Liability Insurance

Either MassHousing or Abode may modify these participation requirements in the future, and the Participating Contractor must comply with the provisions then in effect to maintain good standing as a participant in the PCN. Any requests to modify or waive any specific requirements must be made to Abode in writing, and Abode’s determination of applicable requirements shall be made in its sole discretion and shall be binding and conclusive on the Participating Contractor.

2.2 Implementation of Eligibility Requirements. The Participating Contractor must execute this Agreement and must fulfill all applicable requirements to the satisfaction of Abode in order to qualify as an PCN participant.

2.3 General Business Practices. The Participating Contractor agrees that it will act in accordance with the following practices at all times as a condition of its participation in the PCN, and that failure to do so may result in suspension or termination from the PCN:

1. For each customer contracting relationship, execute a contract with the customer that describes the specific work the Participating Contractor agrees to perform, cost of the work, schedule for payments, and construction schedule of work (including both start and job completion dates) and includes the following provisions;
   
   
   • Cost quotations must remain valid for a duration of not less than 90 days to allow sufficient time for the Customer to obtain financing approval; 
   • In the event that financing approval requires longer than 90 days, the Participating Contractor agrees that proposed modifications to cost are subject to Abode’s approval; 
   • In the event that financing approval is not obtained by the Customer, the Participating Contractor agrees that the Customer contract shall be deemed null and void
2. Complete all work in accordance with all applicable building codes and obtain all necessary approvals and permits;
   
   
3. Respond to Customer inquiries in a timely, responsible manner (within 3 business days);
   
   
4. Properly and fully present ESHLP features and benefits to Customers so that they can make an informed decisions about the implementation of measures in their residences;
   
   
5. Conduct itself in a professional manner and refrain from inaccurate characterizations of the Program, Mass Housing, the PCN, or Abode when interacting with Customers or any Program personnel;
   
   
6. Comply with all marketing and communications guidelines issued by Mass Housing or Abode;
   
   
7. Refrain from using any Program logos in promotions or advertising without the prior express written consent of Abode;
   
   
8. Refrain from communicating with the media about the PCN, Energy Saver Home Loan Program, Massachusetts Community Climate Bank or MassHousing, and promptly refer any inbound media inquiries to Abode;
    
9. Refrain from discussing program details on social media and contractor’s own website or any other sources generated by Participating Contractor. Participating Contractor may advertise its status as a Participating Contractor in the ESP program, but, shall indicate that any further information may only be obtained through MCCB and the MCCB/program website(s);
   
   
10. Provide for Customers, for any equipment installed, the manufacturer's warranty plus optional extended warranty coverage, if applicable; 
    
    
11. If the Participating Contractor becomes involved in a dispute with a Customer regarding work performed or business practices, the Participating Contractor shall promptly notify Abode and shall cooperate with Abode and abide by any measures required by Abode to resolve the dispute expeditiously and amicably; and
12. Perform all work in a safe manner, taking all precautions necessary to prevent illness or injury to any person or damage to any property and complying at all times with applicable laws and regulations (including OSHA).

 

2.4 Post-Installation Work Verification and Quality Assurance. Participating Contractor shall allow field inspections of work that has been performed based on program guidelines. Participating Contractor, upon request of Mass Housing or Abode, and at no additional cost to the customer, shall make reasonable repairs or corrections to work Participating Contractor has performed to bring such work up to PCN standards. This requirement survives the termination of this Agreement.

Should any non-compliance issues be discovered, Abode will notify the Participating Contractor and within thirty (30) days of the notification, and at no additional cost to the Customer, the Participating Contractor shall make any required health and safety repairs or corrections, and/or reasonable repairs needed to bring such work up to PCN standards. All serious health and safety non-compliance issues associated with the project must be rectified by the Participating Contractor immediately. This provision shall survive the termination of this Agreement. 

Additionally, Abode may issue post-installation customer satisfaction surveys and use the results of such surveys to influence future program design and marketing activities.

The table below outlines the specific obligations and documentation requirements for each Participating Contractor within the Contractor Network Program. The table categorizes contractors by type and lists the eligible improvements each is permitted to install under the Program. For each type of improvement, the table specifies whether compliance with certain procedural and documentation requirements is mandatory, including, but not limited to, adherence to installation best practices checklists, submission of photos of installed measures and equipment, provision of invoices, and the procurement of closed permits. These requirements are instituted to ensure that all work performed by Participating Contractors meets the Program's quality standards and adheres to the established guidelines.

2.5 Use of Subcontractors to Complete Projects. Participating Contractor is responsible for all of the work performed by its subcontractors, including ensuring that subcontractors adhere to PCN policies and standards. Upon request, the Participating Contractor must provide information related to all subcontractors providing PCN services, fully describing the nature of these relationships, ownership data, and other information requested by Abode. Participating Contractor cannot employ as a subcontractor any firm that has been suspended or terminated from the PCN or Mass Save HPIN or any other program offered by the state or utilities.

SECTION 3. TERMS AND CONDITIONS

3.1 Limitation of Liability and Indemnity.  THIS AGREEMENT IS BETWEEN ABODE AND THE PARTICIPATING CONTRACTOR, AND MASSHOUSING IS NOT A PARTY TO THIS AGREEMENT AND ASSUMES NO LIABILITY OR OBLIGATION OF ANY KIND UNDER OR IN CONNECTION WITH THIS AGREEMENT.  ABODE’S TOTAL LIABILITY TO PARTICIPATING CONTRACTOR FOR ALL CLAIMS OF ANY KIND, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT SHALL, UNDER NO CIRCUMSTANCES, EXCEED ONE THOUSAND DOLLARS ($1,000.00). 

NEITHER MASS HOUSING NOR ABODE, INCLUDING THEIR AFFILIATES, REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES AND SUBCONTRACTORS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO PARTICIPATING CONTRACTOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES. 

TO THE FULLEST EXTENT PERMITTED BY LAW OR REGULATION, PARTICIPATING CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS MASS HOUSING AND ABODE AND ANY SUBSIDIARIES OR AFFILIATES THEREOF, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS, DAMAGES, FINES, PENALTIES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES), DEMANDS AND CAUSES OF ACTIONS OF EVERY KIND OR CHARACTER ("LOSSES") ARISING, OR ALLEGED TO HAVE ARISEN OUT OF ANY CLAIMS (JUST OR UNJUST) RELATING TO A BREACH OF OR AN ACT INCIDENT TO THE PERFORMANCE OF THIS AGREEMENT; OR THE ACTS OR OMISSIONS OF THE PARTICIPATING CONTRACTOR, ITS EMPLOYEES AND/OR SUBCONTRACTORS.

PARTICIPATING CONTRACTOR SHALL HOLD MASS HOUSING AND ABODE HARMLESS FROM ANY CLAIM OR SUIT ARISING FROM WORK IN THE PCN, INCLUDING, BUT NOT LIMITED TO ANY CLAIM OR SUIT RESULTING FROM MECHANICAL EQUIPMENT COMBUSTION SAFETY, INDOOR AIR QUALITY, ASBESTOS, LEAD ABATEMENT, MILDEW, FUNGUS, MOISTURE INTRUSION, OR MOLD OF EVERY TYPE AND NATURE.

 

3.2 Term and Termination. This Agreement shall be effective on the date it is signed by both signatories below (“Effective Date”) and shall terminate on December 31, 2025 (“Termination Date”), unless otherwise extended in writing or terminated earlier by Abode for cause or convenience. 

Abode may at any time terminate this Agreement in whole or in part, with or without cause, by providing written notice to the Participating Contractor. Such termination shall be effective in the manner and upon the date specified in said notice and shall be without prejudice to any claims that Abode may have against the Participating Contractor. 

The Participating Contractor may withdraw from the PCN by providing written notice to Abode.

3.3 Continued Participation. The Participating Contractor must provide up-to-date documentation including but not limited to the requirements outlined in Table 1 of section 2.1. certificates of insurance, sheet metal license, electrical license, as requested by Abode on an annual basis.

 

3.4 Miscellaneous. 

1. This Agreement shall be construed by, and interpreted in accordance with, the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions.
   
   
2. This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter hereof and supersedes all prior written and oral agreements, proposals, promises, and representation of the Parties respecting the subject matter hereof.
   
   
3. Customer personal data and utility usage information that may be shared with the Participating Contractor must be treated as confidential and not disclosed to any party other than Abode.
   
   
4. Abode reserves the right to make changes to the program requirements upon notice to the Participating Contractor. Notification of material changes shall be made by email. Participating Contractor, its employees, agents, and subcontractors, shall at all times act as independent contractors and shall not hold themselves out to be or be considered employees or agents of Mass Housing, Mass Community Climate Bank, or Abode.

SECTION 4. PARTICIPATING CONTRACTOR CERTIFICATION

By signing this Agreement, the undersigned represents and warrants on behalf of the Participating Contractor that each of the following statements is true and accurate:

 

1. Participating Contractor does not have any unresolved or outstanding complaints before any licensing board or outstanding litigation that involves the work of Participating Contractor or any of Participating Contractor's principals; 
2. Participating Contractor's representative has the necessary legal authority to act on Participating Contractor's behalf; 
3. All of the information supplied to Abode in connection with the Program is complete and accurate; 
4. Participating Contractor has read, understood, and agreed to all of the definitions, terms, and conditions that are a part of this Agreement 
5. Participating Contractor acknowledges that failure to follow Program requirements and procedures, including submitting necessary documents, may result in suspension or termination from the PCN and may jeopardize the ability of its Customers to receive financing under the Program;

The Participating Contractor acknowledges its ongoing duty to supplement or correct these representations and warranties in the future in the event that any of them become materially untrue and agrees that it will promptly notify Abode in writing of any such changes.

The Participating Contractor consents to the publication of any of the information provided below in the PCN Directory or on the Massachusetts Community Climate Bank website in order for prospective customers to search for companies to help support their search for qualified contractors. The Participating Contractor agrees that Mass Housing and Abode may use the information collected below for purposes of communicating with PCN Participating Contractors.

Company Information Must match W-9 where applicable.

Questions? Contact EnergySaver@AbodeEM.com

 

 

I, the undersigned, certify that the statements made in this Agreement, and in supporting documentation provided along with this Agreement, have been examined by me and are true and complete. I understand that by signing this Agreement, I consent to any other inquiry by Mass Housing or Abode to verify or confirm the information I have given. I hereby authorize any person or company whom I have identified as a reference to release to either or Mass Housing or Abode any information pertaining to past or present relevant work. I hereby release from any liability or damage Mass Housing, Abode, and those persons, agencies, or organizations who may furnish such information.

Please answer the next question to the best of your ability. If you have any questions, please contact EnergySaver@AbodeEM.com before submitting. For reference, the following options are defined as: 

Contractor Services Provided

(Click those that apply to your business)

Required Documentation Checklist:

1. Signed copy of this Participating Contractor Agreement
2. W-9 
3. Trade specific licenses outlined in Table 1
4. Certificate of Comprehensive General Liability Insurance (minimum $1,000,000)
   • All Risk Insurance Policy equal to 100% of the full replacement cost of the improvements
   • Public Liability & Property Damage Insurance
   • Workers Compensation (as required by state law) (if applicable)
   • Automobile Liability Insurance
5. Certification of relevant training:
   
   • Air Source Heat Pump installers:
     • EPA Section 608 Certification
     • Certification of air source heat pump installer training provided by a heat pump manufacturer
   • Variable Refrigerant Flow (VRF) installer:
     • EPA Section 608 Certification
     • Certification of installer and/or designer training provided by a heat pump manufacter
   • Ground Source Heat Pump installers:
     • International Ground-Source Heat Pump Association
       (IGSHPA) accredited Installer or GeoExchange Designer certificate

_{1. If installing systems over 10 tons, you must submit MA Refrigeration Technician License number}  

_{2. License and certification substitution may be acceptable, if approved by Program Vendor}
 

If you are interested in enrolling, or interested in receiving more information about the Preferred Contractor Network please indicate below. Businesses that indicate they are interested or need more information will receive follow-up information on the process when available.