Business Savings Program Request for Customer Eligibility

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The CleanPowerSF customer should complete this form for each individual site to determine eligibility for the Business Savings Program. To submit a completed form, the customer must review the terms and conditions and click Submit. Red asterisks (*) denote required information. After review, the Business Savings Program Team will share the results with the customer and their Contractor/Aggregator.

 

Then, the Aggregator will complete the Project Application Form and supply supporting documentation. Final acceptance into the Program will be confirmed after Project review.  

Customer Site Information














Aggregator Information



Terms and Conditions

By signing below, the signatory is entering into this Agreement on behalf of the CleanPowerSF customer:


1. OVERVIEW. The Business Savings Program ("Program”) provides incentives to Participating Aggregators for approved projects completed for eligible CleanPowerSF business customers.  All incentive payments from the Program are paid directly to the Participating Aggregators per the terms in the Program Handbook.  CleanPowerSF is a program of the San Francisco Public Utilities Commission (SFPUC), which is a department of the City and County of San Francisco (collectively referred to as “CleanPowerSF”).


2. ELIGIBILITY: At minimum, to become a Program Participant, customers must receive electric service from CleanPowerSF, be one of the eligible business types and have 12 months of consistent billing history.  Customers must meet all the criteria outlined in Section 6 of the Program Handbook to be eligible to become a Participant in the Program.  A Participant is a CleanPowerSF business customer that agrees to work with an Aggregator to achieve Energy Savings.  


3. PROGRAM REGULATORY AND HANDBOOK RULES. The Program’s rules and policies are in the Program Handbook and the Program Measurement and Verification Plan.


4. PERMISSION FOR ACCESS: To participate in the Program, the customer must agree to allow CleanPowerSF staff or agents access to verify incentive eligibility for the installation of energy efficiency measures through the CleanPowerSF Business Program. I agree to allow CleanPowerSF staff, and its agents, to access my facility to conduct Program evaluation and quality assurance activities. I understand a verification inspection may be required after the installation of energy efficiency measures. I realize that these activities may require CleanPowerSF staff or its agents to extend ladders and to open lighting fixtures and service hatches throughout the facility. CleanPowerSF staff or its agents will coordinate visits to the facility with the Customer, to minimize any disruptions or inconvenience to the Customer.


5. PERMISSION FOR DATA USE: The customer agrees to allow SFPUC to share the detailed energy consumption data and other Participant Identifiable information (PII) with the Participating Aggregator identified on this form for the purposes of implementing and participating in the Program.  The Participant’s  identifiable information (PII )includes  energy use data, billing data, account information and information relating to their facilities, including any such equipment, processes, products, specifications, designs, records, data, software Programs, finances, technologies, trade secrets, marketing plans or manufacturing processes or products; and identifying information as defined in Privacy & Data Security Laws If in doubt about whether certain information is Confidential Information, Aggregator has agreed to treat such information as Confidential Information. Aggregator will share Confidential Information strictly for the purpose of carrying out its obligations to perform the work and will restrict access to Confidential Information to those of its personnel with a need-to-know basis. Aggregator has agreed to implement and maintain reasonable security procedures and practices to protect the unauthorized disclosure, destruction, and/or use of Confidential Information.  Participating Aggregators are required to keep all PII confidential per the terms of the Participating Aggregator Agreement.  


6. CONFIDENTIALITY. CleanPowerSF will not use the names or identify characteristics of the Customer or Customer’s Facility for published project reports, advertising, sales promotion or other publicity or public disclosure without the Customer’s written approval. Customer will not use the names or identifying characteristics of the Program for any advertising, sales promotion or publicity or public disclosure of any kind without prior written approval by CleanPowerSF staff.


7. SUNSHINE ORDINANCE: I understand that customer records provided to CleanPowerSF and its agents that are not PIII or usage information may be treated as public records under the California Public Records Act and the San Francisco Sunshine Ordinance.  Public records will be made available to members of the public upon request if no exceptions for withholding apply.


8. IF TENANT: The Customer controls a leased facility, by signing this agreement, the customer asserts that it has obtained permission from the Owner to enter and conform with all terms of the Agreement.


9. INDEMNIFICATION. Customer shall indemnify, protect, and hold harmless the City and County of San Francisco, San Francisco Environment, SFPUC. CleanPowerSF, 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 Participant; (ii) loss of or damage to property; (iii) violation of local, state, or federal common law, statute, regulation, CleanPowerSF Terms and Conditions, or Program Handbook; (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 Aggregator’s performance, regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on City. Customer agrees to indemnify the City and County of San Francisco, San Francisco Environment, SFPUC. CleanPowerSF, its employees, and agents harmless from any and all losses, costs, damages, and liabilities arising from any claims related to their participation in the Program.  


10. NO DELEGATION. Customer may not delegate its obligations hereunder or assign its rights without the prior written consent of Aggregator. Any purported assignment or delegation of this Agreement in violation of the foregoing will be null and void and deemed a breach of this Agreement. 


11. JURISDICTION. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California. The exclusive jurisdiction for any dispute arising out of or relating to this Agreement shall be the federal or state courts located in the State of California. 


12. LIMITITATIONS ON LIABILITY. I understand that Participating Aggregators are receiving incentives from CleanPowerSF for participating in the Business Savings Program, but I agree that neither CleanPowerSF, San Francisco Environment Department, nor the City and County of San Francisco and it’s agents are  liable for any losses or damages, including incidental, special, or consequential damages (including without limitation any damages relating to lost profits or reputation) arising in connection with participating in the program. The City and County of San Francisco, San Francisco Environment, SFPUC. CleanPowerSF, and its employees and agents shall not be responsible or liable for the performance, supervision, or management of Aggregator work.


13. CleanPowerSF’s obligations under these Terms and Conditions shall be limited to the Incentive Payment.  In no event shall CleanPowerSF 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 Project. 


14. No Warranty. THE CITY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES RELATED TO THE CONSTRUCTION, EQUIPMENT, OR INSTALLATIONS REFERRED TO HEREIN; THE BENEFITS TO BE DERIVED FROM 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 AGENTS’ 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 AGGREGATOR, IN ANY WAY, MAKE SUCH A REPRESENTATION TO A THIRD PARTY. AGGREGATOR IS SOLELY RESPONSIBLE FOR THE DESIGN, INSTALLATION, ECONOMIC AND TECHNICAL FEASIBILITY, PERMITTING, CONSTRUCTION, OPERATIONAL CAPABILITY AND RELIABILITY OF THE PROJECT AND EEMs.   


15. SEVERABILITY. If any provision of this Agreement is deemed unenforceable, all remaining provisions will continue in full force and effect.


16. The Customer certifies that (i) it has read and understood this agreement; (ii) the undersigned is duly authorized to execute this Agreement; and (iii) by using this form and signing electronically agrees and understands that my signature indicates express consent and authorization of this transaction to be conducted by electronic means.

Customer Signature

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