California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.6 - Contractor Qualification and Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To participate in the Program as a Participating Contractor, an Eligible Contractor must complete a Program training regarding these regulations and the requirements set forth in these regulations offered by the Authority or the IOUs and submit an application to the Authority including the following information in a form to be specified by the Authority:
(1) Business name and address of the Eligible Contractor.
(2) Name, website (if any), business address, business telephone number, e-mail address, contact information to be used by customers, title of contact person, and the preferred method of contact, such as email or telephone.
(3) Number of employees.
(4) CSLB license number.
(5) Type(s) of CSLB licenses relevant to the work performed under the Program.
(6) If the Eligible Contractor would like to have their business profile published on Program websites, geographic areas served, languages spoken, and types of services offered.
(7) Authorization, from Eligible Contractors who wish to include their logo for publicity, for the Authority to use that logo on Program websites as well as in other communication materials.
(8) The name(s) of individual(s) who are authorized to sign loan enrollment documents on behalf of the Eligible Contractor. The list can be updated at any time by the signatory of the Program application, the contact person defined in Section 10091.6(a)(2), or another individual already authorized to sign loan enrollment documents.
(9) The date of the mandatory training attended by the Eligible Contractor, or an attachment from the provider of the mandatory training containing this information.
(10) Certification that the Eligible Contractor has no outstanding judgments or liens.
(11) The Eligible Contractor's agreement to follow the Program regulations as set forth in this Article, including the project requirements set forth in Section 10091.11.
(12) The Eligible Contractor's agreement to hold and maintain a commercial general liability insurance policy or policies of not less than one million dollars ($1,000,000) per occurrence throughout their participation in the Program. The Eligible Contractor shall submit proof of that insurance in its application to the Authority.
(13) The Eligible Contractor's agreement to permit the Authority to audit any of the Eligible Contractor's records relating to the projects financed by Enrolled Loans during normal business hours either remotely or on its premises, and to supply any other information relating to those projects as shall be requested by the Authority.
(14) The Eligible Contractor's agreement that its representatives and agents are not hired by the Authority or any of the participating IOUs, and shall not represent themselves as being, or claim association or affiliation, with the Authority or any of the participating IOUs in any capacity. Further, the Eligible Contractor shall neither make false or misleading claims about any part of the Program or its performance, including energy performance savings, nor engage in fraudulent or deceitful conduct in the sale or installation of measures.
(15) The Eligible Contractor's acknowledgement that its employees and representatives shall be solely responsible for all representations made to Borrowers regarding the Program or work performed for a Borrower under the Program, and shall be responsible for all sales, installations, warranties, maintenance, and service for all products and systems installed.
(16) The Eligible Contractor's acknowledgement that the Authority and the State of California will have no liability to the Eligible Contractor under the Program.
(17) The Eligible Contractor's agreement that it indemnifies and holds the Authority harmless from any and all damages resulting from its representations, savings estimates, sales, warranties, maintenance, any installed measure, product, and/or system, and service for all installed measures, products, and/or systems.
(18) The Eligible Contractor's acknowledgement that information related to their participation in the Program and their projects financed through the Program, may be released to the IOUs, other state agencies, program funders, and the federal government pursuant to contracts, interagency agreements or, if required by law.
(19) The Eligible Contractor's agreement to and acknowledgement of the following:
(A) The Eligible Contractor is solely responsible for identifying and making any and all disclosures required under applicable laws.
(B) The Eligible Contractor shall comply with all applicable laws, possess and maintain all required state licenses, and remain in good standing with all governmental authorities having jurisdiction over its business.
(C) The Eligible Contractor acknowledges that the IOUs are not responsible for, and shall have no liability for:
(i) The energy improvements funded through the Enrolled Loans supported through the Loss Reserve Accounts.
(ii) The assessment of potential benefits and costs associated with those improvements.
(iii) The selection of Participating Contractors.
(iv) The Participating Contractor's marketing policies and practices.
(v) The Authority's educational and outreach activities.