AFC First Approved Contractor Application and Checklist

Transcription

1 HEATING LOAN AFC First Approved Contractor Application and Checklist Approved Contractors for all programs administered by AFC First are generally well established leaders in their regional markets. A high quality of work, a commitment to customer service, financial stability and personal integrity are the characteristics we value in an Approved Contractor. Approved Contractor Standards: Minimum 3 Years in Business, history of financial stability and evidence of $50,000 net worth or compensating factors Satisfactory company and personal credit histories Satisfactory Better Business rating Satisfactory Customer and Trade References Overall reputation for a high level of service and workmanship To Become an AFC First Approved Contractor, please return the following items: c/o Valerie Berdahl, AFC First Financial Corporation, P.O. Box 3558 AFC First Energy Center, 1005 Brookside Rd., Allentown, PA Fax (610) or scan and to vberdahl@afcfirst.com Complete and sign the Approved Contractor Application. Provide examples of any recent sales literature or advertising. Provide us with copies of any trade or contractor licenses if required by state law. Provide us with documentation on BPI, RESNET or IGSHPA certifications, if any. Provide us with a copy of your liability and workers compensation insurance, $500,000 minimum coverage. Please have AFC First Financial listed as the certificate holder on this insurance. Branch Locations Provide us with a list of all branch locations, addresses, phone numbers, fax numbers, s and branch manager names. Sign and return the enclosed Approved Contractor Agreement addendum. AFC First Financial Corporation AFC First Energy Center, 1005 Brookside Road, P.O. Box 3558 Allentown, PA (610) (610) FAX afcfirst.com Ken Yeager, VP of National Accounts Valerie Berdahl, Business Development Coordinator Peter Krajsa, Chairman & CEO John Hayes, President & COO Laura Nelson, Executive VP & CFO

2 AFC FIRST APPROVED CONTRACTOR APPLICATION Please attach the supporting information requested on the approval checklist and a listing of any branch locations LEGAL NAME OF BUSINESS: Tax ID TRADING AS OR DBA NAMES PARENT COMPANY (if any) PHYSICAL ADDRESS MAILING ADDRESS PHONE FAX PRIMARY WEBSITE YEAR FOUNDED LEGAL FORM Corporation Partnership Sole Proprietor SERVICES PROVIDED (check at that apply) RESIDENTIAL COMMERCIAL Heating Cooling Air Sealing/Insulation Electrical/Lighting Plumbing Windows/Doors Siding/Roofing General Remodeling Whole House Energy Remodeling Sunrooms Geothermal Installer Geothermal Driller Solar PV Solar Thermal Oil Gas Propane Wood/Coal Electric Energy Auditing (BPI and/or RESNET certified)hers Rater Number CERTIFICATIONS Please attach copies of all certification documentation for company and/or individuals BPI RESNET IGSHPA HP 101 Other PROGRAM AUTHORIZATIONS - State, Municipal and Utility Programs you are authorized to perform work under EnergyWorks PA Sunshine MD Home Perf. KY Home Perf. CT HES Efficiency ME CT Solar GCEA HELP Progress National Grid Energize Delaware Efficiency ME Illnois Energy Efficiency Loan Program Other_ TRADE ASSOCIATION MEMBERSHIPS PRIMARY MANUFACTURERS NUMBER OF ANNUAL INSTALLATIONS AVERAGE JOB SIZE $ NO. OF EMPLOYEES NET WORTH < $50,000 $50,000 to $250,000 > $250,000 STATES/ GEOGRAPHIC MARKETS SERVICED PRINCIPAL CONTACTS Title % Owned SS Number E Mail Required for 25% or More Owner Main Program/Sales Contact Main Operational/Funding Contact PrincipalCEO/Owner (if different than above) Other Principal (if different than above) I certify that the above information is true and correct, and understand that AFC First Financial Corporation will make reference inquiries and that it may order credit reports, and/or independent background investigations on the company and principals. Authorized Signer (Signature) Date Print Name Title

3 APPROVED CONTRACTOR AGREEMENT This Agreement is made this day of, in the year between AFC FINANCIAL CORPORATION (AFC), and (Contractor). WHEREAS, Contractor engages in the sale and installation of energy-related improvement goods and services ( Products ) to consumers ( Customers ), and WHEREAS, AFC, for itself or its partners, provides direct loans to qualified consumers interested in purchasing energy-related improvements. WHEREAS, Contractor, as a service to its Customers, wishes to (i) refer its Customers to AFC so that said Customers may be better able to both finance and/or purchase Products; and (ii) have AFC accept such possible referrals. WHEREAS, Contractor understands that while it is not an agent, broker, lender or representative of AFC and that any direct loan transactions between AFC and a Customer are strictly negotiated and entered into by and between AFC and said Customer, AFC requires basic assurances of quality control and professionalism from Contractor on the understanding that a Customer may be using some or all of any direct loan proceeds to purchase Products. NOW THEREFORE, in consideration of the foregoing and the mutual promises, covenants, and agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor and AFC agree as follows: Licensure. At all times during the term of this Agreement, Contractor shall be and remain duly licensed, authorized to conduct business, and in good standing in all states in which it conducts business, and shall have the legal authority and power to offer, sell and/or install its Products, conduct its business and performs its obligations under this Agreement. Relationship to AFC. Contractor will not represent itself as an agent, representative, broker or employee of AFC or any other governmental agency, lender, association or company involved in AFC s programs, and will use the EnergyLoan, Keystone HELP, or other AFC program names and logos and the names and logos of any governmental agency, lender, association or company involved only as expressly permitted by AFC in writing. Governmental Programs. If Contractor is performing work under an AFC loan program involving a government agency (such as Home Performance with ENERGY STAR, for example) Contractor will not construe, claim or imply that its participation in such program constitutes federal government approval, acceptance, or endorsement of Contractor or its services. Contractor agrees it shall never submit a claim for compensation to any federal agency as a result of its relationship with AFC under this Agreement. If performing work under a Home Performance with ENERGY STAR program Contractor will use the Home Performance with ENERGY STAR marketing graphic to promote a comprehensive, whole-house process for improving the energy efficiency of homes to prevent pollution, protect the environment, and save money on energy bills. Contractor will follow the Home Performance with ENERGY STAR Marketing Graphic Guidelines (available at and ensure that authorized representatives, such as advertising agencies also follow them. Quality Control Assurances. With regard to any sale or installation of Products, Contractor has, in its contracts and in its practice, complied with all applicable state and federal laws and regulations in the sale, solicitation of the sale, installation and financing of its Products, including providing each Customer with required rescission rights. All Products will be duly delivered and set in place in a professional and workmanlike manner, accepted by the Customer in good and habitable condition and working order, shall conform with all warranties, express or implied, representations, legal obligations and local, state and federal requirements and codes concerning the condition, construction, and placement of the Products. Contractor will, within sixty (60) days of demand, correct defective work and/or replace any defective materials and agrees to honor all warranty or service agreements of Contractor and its manufacturers, as written/applicable. Contractor represents that AFC s right to receive payments under any loan with Customer will not be subject to any defense the customer may raise relating to proper sale and installation of Products. Contractor has all requisite power and authority to make, execute, deliver and perform this Agreement and to perform all of the transactions contemplated to be performed by it hereunder and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement. This Agreement constitutes, and each of the other documents contemplated hereunder, upon execution and delivery of, will constitute the legal, valid and binding obligation of Contractor, enforceable in accordance with its terms. Lien Waivers. Contractor hereby waives all right to file a mechanic s or materialman s lien and agrees that no such lien or any other form of lien shall be filed against the property of any Customer or in the name of any subcontractor, material men, or laborers employed by Contractor for any Products, work or materials furnished in connection with performance of work for a Customer. Contractor guarantees that all material men and laborers claiming through or under Contractor on any job, shall look solely to Contractor for payments for materials furnished or labor performed and that they shall make no claim of any kind against the Customer. In the event any attachment is levied or lien filed against any property of a Customer by reason of any act or omission or any alleged act or omission of Contractor or its agents, then AFC shall have the right, but not the obligation, to take any and all steps necessary to release such attachments or lien, and Contractor shall be responsible for the payment to AFC or Customer by reason thereof, plus interest thereof at the maximum rate permitted by law. Contractor agrees to pay AFC for such amount and/ or hereby authorizes AFC to deduct and use a necessary amount from any sum then due or thereafter becoming due to Contractor from AFC, to reimburse AFC or Customer for amounts so paid or incurred. Qualification Support. Contractor agrees to submit to AFC the following annual reporting requirements: A. Contractor financial statements to ensure tangible net worth and profitability requirements are maintained; B. Dun and Bradstreet report confirming requirements maintained; C. Three trade references; D. Copies of any contractor-related license required by law; and E. Copy of Liability and Workmen s Compensation Insurance Policies.

4 Payment of Any Customer Loan Proceeds. The agreed-upon proceeds of any direct loan made by AFC to a Customer will be payable, to any applicable extent, to the Contractor only upon satisfaction of the following conditions: (i) as applicable, receipt of direct loan documents returned by Customers and completion of AFC quality check of these documents; (ii) delivery of a completion certificate to AFC by the Contractor, on a form supplied by AFC and signed by the Contractor and the Customer, confirming that the work has been completed and is satisfactory and authorizing payment to Contractor, (iii) a telephone audit by AFC and (iv) compliance with all applicable terms of this Agreement and all federal, state and local laws and regulations applicable to the transactions set forth herein. No Compensation. Under no circumstances will Contractor receive any compensation from AFC under this Agreement. Breach and Termination. In the event of (i) a breach of any representation, warranty or covenant of Contractor; (ii) any claim by a borrower based upon allegations of fact which if found to be true would constitute a breach of Contractor s warranties herein; (iii) if Contractor or AFC is named as a defendant or responding party in any administrative, regulatory, or judicial proceeding or complaint based upon allegations of fact which if found to be true would constitute a breach of Contractor s warranties or representations herein; (iv) any claim or complaint of a third party or governmental agency in connection with Contractor s advertisements and promotions relating to financing by AFC; or (v) any illegal or improper conduct of Contractor or its employees or agents in connection with any of the transactions contemplated by this Agreement, Contractor shall: (a) At AFC s request, immediately refund any payment made to Contractor from the direct loan affected by paying to AFC the funded loan amount for such account, plus accrued interest, plus expenses, less actual payments received by AFC after purchase or funding. Said refunding is without any representation, warranty or recourse on part of AFC; and (b) On demand, hold AFC, its parent, subsidiaries, affiliates, lenders, successors and assigns and their respective officers, employees, agents and directors free and harmless from any resulting claims, losses, costs, damages, punitive damages, penalties, any return, forgiveness or cancellation of all or any part of the principal or interest paid or payable on any loan, any attorney fees, legal fees or expenses imposed or sought to be imposed upon it, however denominated, and, at AFC s option, forthwith enter and defend AFC at Contractor s sole expense in any judicial, administrative, or regulatory proceedings using counsel selected by AFC. Losses as used herein include any amounts recovered by customer from AFC and any unpaid balance of the amount financed and any unpaid finance charges that are not paid by the customer to AFC due to such breach by Contractor pursuant to 16 C.F.R. 433 et. seq. or otherwise. Notwithstanding anything to the contrary contained herein, either party may terminate this Agreement in writing at any time, with or without cause, by filing written notice of termination with the other party to this Agreement. Termination of this Agreement does not release Contractor from any of its responsibilities or liabilities related to specific transactions with Customers that arose before the termination, unless AFC expressly agrees in writing to release Contractor from those responsibilities or liabilities. Notices. All notices between the parties shall be in writing and shall be sent by FedEx or certified US Mail to the registered agent of either party or by AFC to Contractor at the last address AFC has in its files for Contractor. However, AFC may notify Contractor of changes in its programs and procedures from time to time orally, by facsimile, by mail, by hand delivery, or by whatever means AFC in its sole discretion deems appropriate Amendment. This Agreement may be amended or modified by the parties from time to time, but only by written agreement executed by both parties. Governing Law. Each of the parties hereto knowingly, voluntarily and intentionally waive any rights it may have to a trial by jury in respect of any litigation arising out of, under, or in connection with this Agreement or any attachment hereto, or any course of conduct, course of dealing or statements (whether verbal or written) made by the parties herein. The parties hereto agree that any dispute arising from this Agreement or the matters discussed herein shall be governed only under the laws of the State of Pennsylvania without regard to any conflict of law issues. Venue shall reside in Pennsylvania. Either party prevailing in proving a breach by the other party under this Agreement shall be entitled to its reasonable attorneys fees and court costs. Assignment. The rights and obligations under this Agreement shall not be assigned by the Contractor, except with the prior written consent of the AFC, which consent shall not be unreasonably withheld. AFC, however may sell or assign all or any part of its rights hereunder without the consent of Contractor. Entire Agreement. The terms contained herein constitute the entire agreement of the parties with respect to the matters herein. Any representations or agreements that may have been made by any party prior to the execution of this Agreement with respect to such matters are void, and neither of the parties has relied on such prior representation in executing this Agreement. The recitals set forth above are included herein as if set forth in full. If any one or more of the provisions contained in this Agreement for any reason are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. IN WITNESS WHEREOF, the duly authorized representatives of each of the parties hereto have hereunto set their hands and seals as of the date and year first above written. AFC FINANCIAL CORP. Signature Name and Title CONTRACTOR: Signature Name and Title

5 Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single-member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner. Other (see instructions) 5 Address (number, street, and apt. or suite no.) 6 City, state, and ZIP code 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) Requester s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Part II Certification Under penalties of perjury, I certify that: Social security number or Employer identification number 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: Form 1099-INT (interest earned or paid) Form 1099-DIV (dividends, including those from stocks or mutual funds) Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) Date Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) Form 1099-C (canceled debt) Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No X Form W-9 (Rev )

6 DIRECT DEPOSIT (ACH) AUTHORIZATION To permit AFC First/Renew Financial to deposit funds directly into your bank account Company Address City ST ZIP Contact PersonPhone Name of Financial Institution Account Number Routing Number I hereby authorize and request AFC First Financial Corporation, a company of Renew Financial to initiate credit entries, and if necessary, debit entries and adjustments for any credit entries in error, to this account at the financial institution named above. The authorization is to remain in effect until withdrawn by us in writing. I further certify that I am authorized to execute this agreement on behalf of the above named Company. Authorized Signature Print Name Title Date Please attached a voided check Sign where indicated Scan and to vberdahl@afcfirst.com (preferred method) Or fax to (610) or mail to AFC Financial Corporation, P.O. Box 3558, Allentown, PA Please attach a voided check from the above account here (required)