Upgrade for Savings Application & Incentive Agreement

Please refer to the Upgrade for Savings Handbook for the detailed application process.  A summary of the key participation steps is provided below:


Step 1 Complete energy savings calculations that support the minimum project size of 33,333 kWh of savings along with the supporting documentation.

Step 2 Complete this form and attach the supporting documentation.  The program will review, request any additional information and determine if the project requires a pre-inspection.

Step 3 Once the program review is complete, the program will issue a Notice of Reservation with the approved incentive amount.   

Step 4 Install the project, have all equipment commissioned and operational.  Submit a Notice of Project Completion with the required documentation for the project installation details and cost.

Step 5 The program will conduct a technical review and schedule any final inspections that may be required.  Once the review is complete, the incentive payment will be issued.

 

Applications will be evaluated in the order in which they were received, and incentive funding will be reserved for Projects based upon the date of application approval by the SFPUC, subject to available program funds. Upon the SFPUC’s approval and issuance of a Reservation Notice, the Estimated Incentive funds will be reserved. Incentives, energy savings, and installation costs are ESTIMATES only, and SFPUC’s final determination of these values will be based upon verification of the completed Project. 


Contact Upgrade for Savings staff for assistance with compiling the Application and Supporting Documentation at 415-551-4623, or by email at SaveEnergy@sfwater.org .

Customer Information









Project Site Information








Authorized Customer Agent (if applicable)






Payee Information








For Payees submitting an IRS W-9 form, Incentive Payment will be made to the entity and address listed on the form. For municipal enterprise departments, payments will be by arrangement with the SFPUC.

  
For Payees submitting an IRS W-9 form, Incentive Payment will be made to the entity and address listed on the form. For municipal enterprise departments, payments will be by arrangement with the SFPUC.

  
Required Supporting Documentation Section 6 of the Program Handbook outlines the required supporting documentation (Energy Savings Calculations, Manufacturers Specifications, Estimated Project Costs, Narratives, Drawings). Please upload attachments to the secure folder on ShareFile.


SFPUC will review the Supporting Documentation and determine the Estimated Incentive Amount.  Once the review is completed, SFPUC will send a Notice of Reservation to the Customer, which provides the Estimated Incentive Amount and any post-project instructions.

 

 1.   The City and County of San Francisco, acting by and through its Public Utilities Commission (“City”), and the Customer (as specified herein) enter into this Agreement for participation in the Upgrade for Savings (“UPGRADE FOR SAVINGS”) Program for commercial building projects pursuant to these Terms and Conditions and (1) the Upgrade for Savings Program Handbook; (2) the completed Application Documents for the Project, and (3) the Reservation Notice , which are hereby incorporated by reference as if fully set forth herein (“Program Documents”). All capitalized terms shall have the meaning set forth in the UPGRADE FOR SAVINGS Handbook. 


2.   Only the Customer or Authorized Customer Agent may submit applications.  Applicants to the Program must have authority to enter into the Program Incentive Agreement for the Project, and be authorized on behalf of the legal owner of the Project site, to implement/install energy efficiency measures. The Applicant’s signature on the application indicates such permission has been obtained.

 

3.    By submitting this Application & Incentive Agreement to the City, the Customer agrees to implement the Project described in the Program Documents.  Customer acknowledges that its participation in the UPGRADE FOR SAVINGS Program is voluntary, and it is under no obligation to accept Technical Assistance or implement any recommendations, comments, or measures stemming from the Technical Assistance process. Customer further acknowledges and represents that any changes made to the design or construction of the Project are based upon the Customer’s independent review, analysis, and decision-making and not in reliance on the recommendations or advice of the City.

 

4.    Customer understands that Program Incentives are based on estimated, annualized electricity savings, as determined by SFPUC in its sole discretion.

 

5.    Prior to installation and/or implementation of measures, a completed and signed Application along with supporting documents must be submitted to the Program and, if required. a  pre-inspection completed by the Program. Customer understands that submission of an application package does not guarantee Program participation, nor is it a guarantee of funding availability.

 

6.    Funding for this Program is limited and subject to the budgeting and fiscal provisions of the City’s Charter.  The City reserves the right to modify or discontinue this Upgrade for Savings Program and/or this Agreement without prior notice and at its sole discretion. Upon Program termination, SFPUC will not be liable for any losses, costs, or damages of any kind.

 

7.    Funding is available on a first-come-first served basis for qualified applicants and is subject to the availability of funds.  Incentives will be reserved only upon the City’s approval and execution of this Incentive Agreement and in accordance with the Program Documents. Payment of UPGRADE FOR SAVINGS Incentives will be made only after all Program requirements are met and upon Project verification by the City as set forth in the Program Documents.  The City reserves the right to modify or cancel the UPGRADE FOR SAVINGS Incentive Payment if the actual measures installed differ from the design of measures contained in this Application, the Project fails the City inspection and verification, or for any other failure to comply with the Program Documents.

 

8.   These Terms and Conditions apply from the Reservation Date until the fifth annual anniversary of the date on which the City issues an Incentive Payment to the Customer. 


9.    Customer/ Authorized Customer Agent agrees to:

      A. Undertake, in good faith and with due diligence, the construction of the Project, consistent with Program Documents.  Customer understands that s/he, and any third parties involved with the Project, are not performing any work for, on behalf of, or at the direction of, the City, and are not authorized to make any representations on behalf of the City.  

       B. Meet all program requirements and conduct all work in compliance with applicable federal, state, and local government laws, codes, ordinances, and regulations, as well as property owner and/or homeowner’s association conditions, restrictions, and rules. 

       C. Obtain and maintain, at their own expense, all licenses and permits required by any federal, state, local, or other governing agency for performing work on the Project and for operation of the Project. Applicant shall provide copies of all Project permits to SFPUC upon request.

       D. Provide written notification to the City of any material change in the nature or scope of the Project.  Customer understands and acknowledges any such change may result in disqualification of the Project for the Upgrade for Savings Program and cancellation of this Agreement. 

       E. Cooperate in good faith with any evaluation or verification activities required by the City.  Customer shall provide City and its representatives and agents, reasonable access to Customer’s Project Site to verify pre- and post-installation and operating conditions.  Customer understands that such verification is not an electrical safety or building permit inspection.

       F. Prior to the payment of any Incentive, provide the City with all documentation reasonably necessary for verification of installation and performance of the Project, including but not limited to, manufacturer’s specification sheets, and vendor and construction invoices.

      G. Accept as final authority, the City’s determination of the UPGRADE FOR SAVINGS Incentive amount. 

      H. Provide the City the right to claim and report benefits, credits, allowances, or any other right resulting from the energy savings and avoided emissions associated with the Project for the purpose of compliance with any local, state, federal, or international program governing environmental attributes (“Benefits”), for the lesser of five years or the rated life of the equipment. Customer agrees that if 1) Customer does not provide City with 100 percent of the related Benefits for which the UPGRADE FOR SAVINGS Incentive is paid, for a period of five years from the receipt of the incentive, or 2) the energy benefit to City ceases (for example, if Customer’s company stops using the equipment), Customer will return to City the prorated portion of the Incentive dollars based on the actual period of time for which Customer provided the Benefit.

      I. If City electricity service to the Project Site is terminated through no fault of the SFPUC within five (5) years of the date of the UPGRADE FOR SAVINGS Incentive Payment, Customer will return to the City the prorated portion of the Incentive dollars based on the actual period of time that the Customer was a City electricity customer.

     J. Include this Agreement as part of the property sale or rental agreement if the Project Site is sold or rented.


10.  Incentives may be taxable and will be reported by the City to the IRS unless Customer qualifies under an exempt status. Utility will report the incentive as income to Customer on IRS Form 1099 unless Customer has indicated that it qualifies for an exempt tax status as indicated on the Application.

 

11. Customer shall indemnify, protect, and hold harmless City, the SFPUC and its, officers, employees, and agents from and against any and all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or otherwise) arising from or in any way connected with any: (i) injury to or death of a person, including employees of City or Customer; (ii) loss of or damage to property; (iii) violation of local, state, or federal common law, statute or regulation; (iv) strict liability imposed by any law or regulation; (v) infringement of patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims; so long as such injury, violation, loss, or strict liability (as set forth in subsections (i) – (v) above) arises directly or indirectly from Customer’s performance of this Agreement, regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on City. Customer shall, at the City’s request, provide a defense against any claim covered by this indemnity.

 

The City’s obligations under these Terms and Conditions shall be limited to the UPGRADE FOR SAVINGS Incentive Payment.  In no event shall the City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with this Agreement. 


12. CITY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES RELATED TO THE TECHNICAL ASSISTANCE, CONSTRUCTION, EQUIPMENT, OR INSTALLATIONS REFERRED TO HEREIN; THE BENEFITS TO BE DERIVED FROM THE TECHNICAL ASSISTANCE, OR INSTALLATION, OPERATION, AND USE OF SUCH EQUIPMENT, OR; ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR APPLICATION, AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTY, EXPRESS OR IMPLIED.  SFPUC’S AND/OR ITS CONSULTANTS’ REVIEW OF THE DESIGN, CONSTRUCTION, OR OPERATION OF THE PROJECT OR ANY ENERGY EFFICIENCY MEASURES ("EEMs") COVERED UNDER THIS AGREEMENT SHALL NOT CONSTITUTE ANY REPRESENTATION AS TO THE ECONOMIC OR TECHNICAL FEASIBILITY, SAFETY, OPERATIONAL CAPABILITY, OR RELIABILITY OF THE PROJECT OR EEMs, NOR SHALL CUSTOMER, IN ANY WAY, MAKE SUCH A REPRESENTATION TO A THIRD PARTY. CUSTOMER IS SOLELY RESPONSIBLE FOR THE DESIGN, INSTALLATION, ECONOMIC AND TECHNICAL FEASIBILITY, PERMITTING, CONSTRUCTION, OPERATIONAL CAPABILITY AND RELIABILITY OF THE PROJECT AND EEMs.   


13. The selection of contractor, engineering firm, vendor, installer, manufacturer, dealer, purchase of materials, work performed and payment thereof is the sole responsibility of the Customer/Authorized Customer Agent. Customer/Authorized Customer Agent waives any claims against SFPUC arising out of the installation and/or use of the Project. SFPUC does not endorse, recommend, or guarantee the services, work, materials, products, workmanship, or financial stability of any contractor, engineering firm, vendor, auditor, installer, manufacturer, dealer, or any other party. SFPUC will have no role in resolving any disputes between the Customer, contractor, engineering firm, vendor, installer, manufacturer, and/or any other third parties.

 

14.  Except as otherwise specified in the Program Handbook, Customer represents and warrants that it has not applied, and will not apply, for or receive electric savings incentives offered by any other local or state authority or utility for measures receiving incentives under this Agreement.

 

15. Customer/Authorized Agent acknowledges SFPUC will review the Application & Incentive Agreement and Supporting Documentation for completeness, accuracy and compliance with Program rules and guidelines as described in the Program Handbook.


16.  Customer/Authorized Agent acknowledges Projects must be Complete with the Notice of Completion submitted to the SFPUC within eighteen (18) months from the Reservation Date or thirty (30) days from the completion of the Project, whichever is sooner. If Applicant fails to meet the project schedule, or deviates from the Project submitted with this Application & Incentive Agreement, the Estimated Incentive Amount may be reduced or canceled.  This Incentive Agreement will have no force or effect until the SFPUC approves the Application and issues a Notice of Reservation.

 

17. Customer/Authorized Agent acknowledges that the City is a public agency subject to the California Public Records Act and the San Francisco Sunshine Ordinance and all information submitted to the City may be subject to disclosure in accordance with applicable law or court order. By executing this Agreement, the Customer certifies that (i) it has read and understood these Terms and Conditions and the UPGRADE FOR SAVINGS Program Handbook, (ii) it and the Project meet all of the UPGRADE FOR SAVINGS Program eligibility requirements, (iii) the information provided by the Customer and its representatives to the City in connection with the UPGRADE FOR SAVINGS Program, including the description of the Project set forth in the Application Documents, is true and correct and acknowledge that information found to be false or misleading is grounds to void the Incentive Agreement and reject or cancel the Incentive reservation, and (iv) the undersigned is duly authorized to execute this Agreement.

 

18. By using this form and signing electronically above, I agree and understand that this electronic signature is the legal equivalent of my manual/handwritten signature.





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