Terms and Conditions
1. I certify that I am the legal owner, or the legal owner’s authorized representative, for the property(ies) (“Property”) listed in Section 2 of this and supplemental form(s),
and I hereby expressly grant permission to [PG&E, SoCalGas, SCE, or SDG&E] (“Investor Owned Utilities” or “IOU”) and its contractor(s) (“Contractor”) to access Property
to provide all feasible program measures, improvements and services (“Measures”), including any outlet grounding if offered by the IOU or natural gas appliance
testing as determined necessary by IOU and Contractor (the “Work”) pursuant to the terms and conditions of the Energy Savings Assistance (ESA) Program. I agree to
also receive information pertaining to other utility, county, or state Energy Efficiency Program(s) (as applicable, “Program”) which may apply, and for programs I agree
to enroll in, I grant access to the related property as necessary for activities related to the program. If the Property is selected for inspection and audit, I further grant
permission to IOU, Contractor, and representatives from the California Public Utilities Commission (“CPUC”) to access Property to perform inspections and audits.
2. I acknowledge and agree that the IOU makes no representations or covenants as to the safety, reliability and/or efficiency of the Measures. The IOU makes no warranty
regarding the Measures, express or implied, including but not limited to the warranty of merchantability or fitness for any particular purpose, use or application of the
Measures. All Work will be performed by licensed, bonded, and insured Contractors.
3. I acknowledge and agree that IOU shall not be liable for any damages or losses arising out of any act or omission of Contractor or any subcontractor of Contractor
relating to the performance of the Work or the Measures, and I hereby release and waive any and all claims against the IOU that may arise in connection with the Work
or the Measures. I agree to hold the Contractor solely responsible for the performance of the Work, the safety, quality and reliability of the Measures, and for any and
all claims, losses, liabilities, damages and expenses (including attorneys’ fees and costs) that may arise therefrom. Furthermore, I shall defend, indemnify, and hold
harmless IOU and its officers and employees against any and all causes of action, liability, losses damages, demands or costs, for injury to or death of any and all persons
whatsoever, and for any and all damage to property, in any manner arising from, or in connection with, the performance of the Work or the Measures hereunder, except
for those damages caused solely by the negligence or willful misconduct of IOU. I acknowledge and agree that the IOU shall not be liable if the current or future tenant
removes any or all of the installed Measures, including appliances, without my prior consent.
4. I acknowledge and agree that the IOU may modify or discontinue the Program at any time at its sole discretion, without prior notice, or by order of the CPUC. The
Program is funded by California ratepayers and administered by the IOU under the auspices of the CPUC and is subject to the availability of funds.
5. I understand all Measures provided, when offered by the IOU, will be at no cost to me or my tenants except when:
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Replacing a refrigerator and/or room air conditioner that I own, in a tenant’s unit whose electric bill I pay. Specifically, I acknowledge that a non-refundable co-
payment to Contractor may be required to replace these appliances.
•
Replacing a central air conditioner or heat pump that I own. I acknowledge that a non-refundable co-payment to the Contractor may be required. I acknowledge and
agree that if I do not provide the non-refundable co-payment to Contractor, the approved Measures will not be installed. I understand that that the non-refundable
co-payment is made directly to Contractor and acknowledge that IOU is not in receipt of any monies related to the co-payment.
6. For the Contractor to install certain Measures, including but not limited to room air conditioner replacement, evaporative cooler installation, and refrigerator
replacement, a properly grounded electrical outlet must exist at the installation location of the Measure(s). [SoCalGas, SCE of SDG&E only: I hereby authorize the
Contractor to perform, at no cost to the tenant or me, the work required, if any, to ground an electrical outlet at the Property.] [PG&E only: I agree to pay to have the
outlet properly grounded out of pocket with a vendor of my choosing before the installation of program measures.]
7. I authorize the performance of all-natural gas appliance testing (NGAT) on all applicable natural gas appliances. I understand NGAT will be conducted on all applicable
natural gas appliances to detect potential carbon monoxide problems. Should problems be detected, I authorize Program representatives to shut off the appliance(s)
and understand that I, as the owner of the Property, will be solely responsible for any gas appliance repairs or replacements necessary to correct the situation.
8. I acknowledge and agree that IOU has not authorized any services, improvements, installations, or equipment other than the Measures, outlet grounding and NGAT,
and I understand that IOU assumes no liability for any extra services, improvements, installations or equipment performed.
9. By signing this Authorization, I, the owner of the Property or its authorized representative, hereby authorize IOU and Contractor to access information including,
without limitation thereto; ACCESS: the Property addresses and other information required for Contractor to access my Property to provide all feasible Program
measures, improvements, and services to eligible tenants in any authorized units; provided, however that this authorization does not extend to my tenant’s utility
account information. INCOME ELIGIBILITY: The Owner has obtained the necessary permission of the tenant to release his or her information, and I understand that
IOU and Contractor will treat my and my tenant’s information as confidential. OWNER ACCOUNT INFORMATION: I AUTHORIZE THE IOU TO SHARE MY ACCOUNT
INFORMATION WITH OTHER UTILITIES, AGENTS, OR ENTITIES IN ORDER TO ENROLL THE PROPERTY IN OTHER ENERGY MANAGEMENT ASSISTANCE PROGRAMS AND
FACILITATE ASSISTANCE PROGRAM MANAGEMENT PROCESSES.
10. I may cancel my authorization or participation at any time prior to installation without penalty or obligation, and I understand that canceling my authorization may limit
the Work and the Measures provided to a tenant participating in the Program. I understand that NO LIEN WILL BE PLACED AGAINST THIS PROPERTY.
11. I acknowledge that if the multifamily building(s) listed in Section 2 meet the ESA Program income guidelines for whole building ESA Program, then enrollment may be
completed without the need for door to door tenant income documentation. I understand that income eligibility can be verified by the IOU if the multifamily building(s)
is/are located in a PRIZM Code, census tract, or federally recognized tribal reservation, or zone where 80% of households are at or below 200% of Federal Poverty
Guidelines (FPG); or in a Promise Zone as designated by the federal government; or the building is registered as low income affordable housing, and with ESA Program
qualified income documentation that is on file and less than 12 months old. Whole building enrollment may include common areas (shared areas of the building
including central building systems) as well as all building units.
12. I acknowledge and understand that if I am interested in ESA Program common area measure treatment, the building(s) listed in Section 2 must a.) meet the definition of
deed restricted as defined by California Public Utilities Code Section 2852(a)(3)(A) and further modified by the CPUC as a multifamily residential property financed with
low-income tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants; b.) house at least 65% of the building’s
households with incomes at or below 200% of the federal poverty guideline; and c.) enroll for benchmarking via the Environmental Protection Agency’s Portfolio
Manager Tool.
13. I will obtain any required documentation demonstrating compliance with the above terms 11 and 12. This may include documentation of deed restrictions and of a
tenant’s gross annual household income i. Upon request, I will provide IOU or Contractor with documentation to support any determination of income eligibility made
by me. IOU has the right to visit and review the income eligibility documentation for those tenants receiving Program measures at all reasonable times during normal
business hours. If a tenant serviced by the IOU or its Contractor does not meet Program requirements, I will be required to reimburse IOU for all fees related to the
Work and the Measures delivered to the tenant, including IOU’s cost to purchase any appliances installed, where applicable.
SCE 08202018
