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FD Owner Agreement with SBD for PSC & FS512098 SAVINGS BY DESIGN OWNER AGREEMENT City of San Rafael OWNER NAME PO Box 151560 ADDRESS Jim Schutz IM Savings AGREEMENT NUMBER PRJ 00990854 (For Program Administration use only) San Rafael/CA 94915 CITY/STATE ZIP CODE CONTACT NAME TITLE (415) 485-3475 Jim.Schutz@cityofsanrafael.org PHONE NO. FAX NO. E-MAIL ****"0424 TAX Corp. Non -Corp. City STATUS: FEDERAL TAX ID OR SOCIAL SECURITY NUMBER Exempt x Individual EXEMPT REASON City of San Rafael - Fire/Police - SBD for PSC & FS51 PROJECT NAME/LOCATION 1375 5th Avenue ADDRESS BUILDING TYPE CODE GROSS SQ. FT. CONDITIONED SQ. FT. San Rafael/CA CITY/STATE LfEwlli ZIP CODE 01/15/2020 SIC/NAICs EST. CONSTRUCTION COMPLETION DATE ENERGY CALCULATION METHOD: ATTACHED DOCUMENTATION: ❑ Systems Approach ❑ SimCalc Report ❑ Energy Efficiency Report ® Whole Building Approach ❑ WBA Report ❑ Incremental Costs ❑ Engineering Calcs ❑ Cutsheets PROJECT TYPE: ® New Construction ❑ Renovation/Remodel/Addition Proposed Design Energy Savings Estimate CODE DESCRIPTION kW kWh Therms $ Amount CIAIO WBA Owner Incentive 11.50 112,547.00 2,751.00 $43,867.45 TOTALS 11.50 112,547.00 2,751.00 $43,867.45 Page 1 of 3 Estimated Incentive: $43,867.45 2018 SAVINGS BY DESIGN OFVNER AGREEMENT TERMS AND CONDITIONS: This Agreement is entered into by Pacific Gas and Electric Company (hereafter referred to as "PG&E") and the Owner (as indicated herein). This Agreement is a one-time offer to provide design assistance and a financial incentive to the Owner for participation in the Savings By Design Program ("Program") pursuant to the terms and conditions outlined herein and in the Savings By Design Program Documents ("Program Documents"). The Program Documents are incorporated into this Agreement by reference and include the 1) Savings By Design brochure, and the 2) Current (at the date of signatures) Savings By Design Participant Handbook, which have been provided to the Owner. Funding approved for this Program is limited and will be paid on a first-come, first-served basis to qualified applicants. Funds will only be reserved upon PG&E's execution of this Agreement. This incentive offer is subject to the availability of authorized funds. This Agreement is valid for forty-eight (48) months from the date PG&E executes this Agreement. PG&E will deliver an executed copy of this Agreement to the Owner after acceptance and execution by PG&E. PG&E reserves the right to modify or cancel the incentive offer if the actual system(s) installed differs from the proposed installation. PG&E reserves the right to modify or discontinue this Program without prior notice at its discretion, or by order of the California Public Utilities Commission ("CPUC"). Payment of the incentives shall be made to the Owner only after all program requirements are met and upon verification of installation by a PG&E Savings By Design Program Representative. ELIGIBILITY: • To be eligible for incentives under this Program, Owner's project must be nonresidential new construction or renovation/remodel located within PG&E's service territory. • Owner must install the energy-efficient equipment or system(s) specified in the "Proposed Design and Incentive Estimate" section of this Agreement (the "Proposed Design") which at minimum exceeds Title 24 standards or a generally -accepted industry standard for energy efficiency. • Installation of any energy-efficient equipment required for compliance with Title 24 will not qualify for incentives under this Program. • Energy savings, and incentives based on those savings, will be based on energy efficiency improvements beyond the minimum, currently in effect, Title 24 requirements, where applicable. • Specific restrictions apply to each energy efficiency system, as outlined in the Program Documents. • To be eligible for incentives under this Program, Owner agrees that Owner will not apply for or receive incentives offered by local or state entities or other utilities for measures covered under this Agreement • Incentive Limitations: The CPUC energy efficiency targets established for PG&E and the other investor-owned utilities ("IOUs") in California are based on the amount of energy that the IOUs deliver, excluding load served by non -IOU sources or suppliers (except Direct Access customers). Based on this statewide policy, PG&E may limit the incentive amount that Owner is eligible to receive for this project if the projected savings exceed PG&E energy deliveries to the project. OWNER AGREES TO: • Install and operate the Proposed Design in accordance with applicable laws, safety standards, and existing governmental regulations or orders. Owner agrees to provide proof of permit closure for projects that include HVAC related measures. • Provide PG&E with Title 24 compliance documentation plus any other documentation needed to establish the performance of systems selected. Owner agrees to provide PG&E with all documentation necessary for verification of installation and performance of energy efficient systems qualifying for incentives_ • Provide manufacturer's specification sheets to PG&E prior to the payment of the incentive. Also, upon request, Owner agrees to submit vendor and/or contractor invoice(s) to verify that incentive payments will not exceed 75 percent of the incremental costs associated with the purchase/installation of the energy efficient technologies. • Accept as final authority, PG&E's determination of the incentive amount. • Allow PG&E and CPUC representatives reasonable access to Owner's project site to inspect and verify installation and operation. Owner understands that said inspection and verification is not an electrical safety inspection. • Participate in a measurement and evaluation study, if selected. These studies are used to analyze current program performance and improve future program designs_ Owner agrees to fully cooperate with the study team if asked to participate. • Indemnify, defend, and hold harmless PG&E, its affiliates, subsidiaries, parent company, officers, directors, agents, and employees from and against all claims, losses, damages, costs, expenses, and liability arising from 1) injury to persons or property, 2) death, 3) violation of any law or regulation (including those that establish strict liability); so long as such Page 2 of 3 2018 SdVINGS BY DESIGN OWNER AGREEMENT injury, violation, or strict liability is caused by or in any way connected with Owner's performance of this Agreement. Owner shall, at Utility request, provide a defense against any claim covered by this indemnity. • In no instance shall PG&E be liable for any incidental, special, or consequential damages as a result of this Agreement. • Furthermore, Owner understands that PG&E makes no representations and warranties as to proper installation, product endorsement, technical feasibility, operational capability, and/or reliability of equipment for which incentives are paid. Owner agrees not to make any such representations and warranties to third parties and agrees to indemnify PG&E, in the event said representation and warranties are made to third parties. Owner further acknowledges that any incentive paid is funded through Public Goods Charges from California ratepayers and that said incentives are intended for the benefit of customers of California utilities. • Owner consents to PG&E's assignment of all Utility rights, duties, and obligations under this Agreement ("Duties") to the CPUC or its designee. Such assignment shall relieve PG&E of all Duties arising under this Agreement. Other than such assignment by PG&E, neither Party shall assign its right or delegate its duties without the prior written consent of the other Party, except in connection with the sale or merger of a substantial portion of its properties. Consent to assignment shall not be unreasonably withheld. If an assignment is requested, the Owner may be required to provide additional information if requested by PG&E. • Owner agrees that PG&E will receive the energy benefit for which the Owner incentive is paid, for a period of not less than five years or the rated life of the equipment if that is less than five years. Owner agrees that if 1) Owner does not provide PG&E with 100 percent of the related benefits specified in the application, for a period of five years from the receipt of the incentive, or 2) the energy benefit to PG&E ceases (for example, if Owner's company stops using the equipment or no longer pays the Public Goods Charge (PGC), Owner will return to PG&E the prorated portion of the Owner Incentive dollars based on the actual period of time for which Owner provided the energy benefit. Additionally, if Owner sells the project site, Owner agrees to assign the terms and conditions of this Agreement to the new owner as part of the sale transaction for the remaining period of performance. CANCELLATION OF AGREEMENT PG&E may suspend or terminate the Agreement, without cause, upon written notice to Owner. TAX LIABILITY: Incentives may be taxable and will be reported by PG&E to the IRS unless Owner qualifies for an exempt status. PG&E will report the incentive as income to Owner on IRS Form 1099 unless Owner has established that Owner qualifies for an exempt tax status as indicated on this Agreement. Owner is urged to consult a tax advisor concerning the taxability of incentives. PG&E is not responsible for any taxes that may be imposed due to incentive payments. PG&E MAKES NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES REGARDING THE DESIGN, CONSTRUCTION, EQUIPMENT, OR INSTALLATIONS REFERRED TO HEREIN, OR THE BENEFITS TO BE DERIVED FROM THE INSTALLATION, OPERATION, AND USE OF SUCH EQUIPMENT, OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR APPLICATION. NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF PG&E HAS AUTHORITY TO BIND PG&E TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY UNLESS EXPRESSLY MADE AND AGREED TO IN WRITING BY PG&E. By execution of this Agreement, Owner certifies that Owner meets all the program eligibility requirements and that the information supplied on this Agreement is true and correct. Owner certifies that Owner has read and understands the Program Documents and agrees to abide by Program rules and requirements set forth in the Program Documents. To be valid, this Agreement must be signed by all parties prior to December 31, 2018. In witness whereof, the parties have executed this Agreement as of the date last set forth below. CITY OF SAN RAEAEL SIGNATURE Jim SchutzSchutz 1 OWNER'S REPRESENTATIVE City Manager TITLE DATE PACIFIC GAS AND ELECTRIC COMPANY SIGNATURE Cecilia Tai PG&E REPRESENTATIVE Sr. Program Manager 6/29/2018 TITLE DATE Page 3 of 3 2018 SAYINGS 111' DESIGN OWNER ACRE MENT