8.1. HPC follows the “Contractor Background Check Policies” attached as Attachment 1, and as such might be revised by Abode and/or the Utility from time to time.
8.2. HPC will not use any name or logo of the Utility, Abode, or the Program for any advertising, promotions, trade display, or other commercial stuff without the earlier written approval of Abode.
8.3. HPC owns the technical and specialized expertise and the financial capability essential to do any Work authorized and established under this Agreement in a quick, fair and professional manner. HPC will do not less than twelve (12) engagements for Assessment Work on average per calendar month for WFA-approved customers under Abode.
8.4. HPC makes a good faith estimate (“HPC’s Commitment”) that it will produce an adequate number of qualified referrals required to complete an average of [ ___] engagements for Assessment Work a month during the term of Agreement. Each month, HPC will complete between 80% and 120% of the HPC’s commitment.
8.5. HPC presently has in effect, and will keep, across the term of Agreement, insurance in the forms and amounts and with insurance companies acceptable to Abode in no event less than the minimum insurance limits set in Attachment 3, as the same may be revised by Abode from time to time, with tail coverage to be maintained for five (5) years on all policies written on a “claims made” basis.
8.6. Before commencing any Work, HPC shall provide Abode with an original Certificate of Insurance, listing each of “Abode Energy Management LLC” and “National Grid USA and its direct and indirect parents subsidiaries and affiliates” as additional insureds on all general liability, automobile liability, and excess/umbrella policies on a primary, non-contributory basis. HPC shall include in any contract of insurance providing the coverage required in this provision the following or equivalent clause: “No reduction, cancellation or expiration of the policy shall be effective until thirty (30) days from the date is written notice thereof is received by the insured named hereunder.” Upon receipt of any notice of reduction, cancellation, or expiration, HPC shall immediately notify Abode and Utility.
8.7. HPC and its employees performing supervisory services hold the licenses required of them as outlined in Attachment 3, as the same may be revised by Abode from time to time.
8.8. HPC has complied, at its own expense, with all licensing and other requirements imposed by federal, state, or local statute, ordinance, regulation, or code to provide the services it is required to provide or has undertaken to provide under this Agreement.
8.9. HPC has complied, at its own expense, with all permitting requirements imposed by federal, state, or local statute, ordinance, regulation, or code, to provide the Work it is required to provide or has undertaken to provide under this Agreement.
8.10. HPC shall pay required federal, state, and local property, license, privilege, sales, use, excise, gross receipts, and other like taxes which may, now or thereafter, apply to the Work under this Agreement.
8.11. HPC is entering into this Agreement in good faith, without intent to defraud, and that it is supplying the materials and performing the Work solely on its behalf, without connection with, or obligation to, any undisclosed person or firm.
8.12. HPC shall maintain records of all Work performed and products installed under this Agreement for a minimum of three (3) years from the time Work was performed. Copies of these records shall be made available to Abode within five (5) business days, upon request.
8.13. HPC shall warranty materials provided by the HPC and installed under this Agreement against any defect in materials, manufacture, design, or installation for one year from the date the materials are provided and/or installed, whichever is later.
8.14. HPC shall immediately remedy any defects of an emergency nature, including any condition that might impact a Customer’s or other occupant’s health or safety, or those that would impact the proper operation of any existing mechanical system in a Customer’s home.
8.15. HPC shall, upon receipt of notice from the Customer or Abode, remedy any defects of a non-emergency nature promptly (and in any case within 14 days) and without charge to Abode or the Customer.
8.16. HPC shall be required to maintain a minimum of one Crew Chief on staff holding current and valid Installation Work Crew Chief credentials from one of the certification pathways as detailed in Attachment 3, “Insurance and Credentials Requirements” as the same may be revised by Abode from time to time.
8.17. HPC shall have at minimum one weatherization crew on staff. This crew must perform a minimum of 75% of all HPC’s Weatherization work. The crew must be staffed with a Crew Chief holding current and valid Installation Work Crew Chief credentials from one of the certification pathways as detailed in Attachment 3, “Insurance and Credentials Requirements,” as the same may be revised by Abode from time to time.
8.18. HPC shall staff each Installation Work engagement for its duration with a Crew Chief holding current and valid Installation Work Crew Chief credentials from one of the certification pathways as detailed in Attachment 3.
8.19. HPC shall obtain and have its employees obtain, as applicable, all other training, certificates, authorizations, and other credentials required by Attachment 3, as revised by Abode from time to time.
8.20. HPC is in compliance, and shall maintain compliance, with all applicable federal and state wage and benefit laws and regulations and has not been cited by any governmental authority for violation of any such law or regulation within five (5) years prior to such date.
8.21. HPC is in compliance, and shall maintain compliance, with all applicable federal and state workplace safety laws and regulations and has not been cited by any governmental authority for violation of any such law or regulation within five (5) years prior to such date.
8.22. HPC shall consider hiring persons trained in weatherization and other energy conservation expertise in Massachusetts training programs.