City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-02169 1/24/2023 Consent Item 3.
TECH Quick Start Grant Contract and Scope of Work - Sacramento Housing Anti-displacement and Energy Equity Pilot
File ID: 2022-02169
Location: Citywide
Recommendation: Approve the attached Resolution to: (a) approve receipt of the Quick Start Grant funding of $350,000 for the purposes of installing heat pumps for 25 low-income homeowner households, (b) authorize the City Manager or the City Manager’s designee to receive the $350,000 of grant funding and increase the revenue and expenditure budget in the FY 2022/23 Stockton Boulevard Housing Anti-Displacement Funding Project I02189030 (Fund 2702) to be used with Home Repairs and Electrification completed for low-income homeowners in the Stockton Boulevard area, and (c) execute the necessary agreements to receive the grant.
Contact: Danielle Foster, Housing Policy Manager, 916-808-1869, [email protected], Office of Innovation & Economic Development; Jennifer Venema, Climate Action Lead, 916-808- 1859, [email protected], Office of the City Manager Attachments:
1-Description/Analysis
2-Resolution
3-Quick Start Grant Solicitation and Terms and Conditions 4-Quick Start Grant Scope of Work
Description/Analysis
Issue Detail: The City of Sacramento applied for and has been awarded grant funding through the TECH Quick Start Grant to further education and installation of heat pumps in low-income households. The Sacramento Housing Anti-displacement and Energy Equity Pilot will advance the market for heat pump space and water heating by completing heat pump installations, home repairs, and other electrification and energy efficiency retrofits for at least 25 low-income single-family homeowners in four zip codes surrounding a newly planned university campus development expansion (Aggie Square), in conjunction with the City of Sacramento’s anti-displacement and home
File ID: 2022-02169 1/24/2023 Consent Item 3.
rehabilitation program to ensure housing stability and affordability for low-income homeowners amidst increased housing market demands. This pilot will advance the deployment equity-oriented electrification as a priority in the City’s climate action efforts, with a focus on providing quality of life improvements and on-bill savings to low-income homeowners. Outreach for this program will include direct communication with low-income customers already enrolled in SMUD’s Energy Assistance Program Rates (EAPR), as well as multi-lingual outreach to other low-income homeowners in the area who are eligible but not yet connected to EAPR.
Policy Considerations: This grant will further city objectives to achieve carbon neutrality by 2045, as adopted by Council in June 2021. Staff recommends using this grant funding to further all- electric construction and transitioning existing housing to all-electric utilities in an equitable and inclusive manner between now and 2045. Pairing this with the Home Repair Program the City is working to establish with Habitat and in partnership with SMUD, these funds could be disbursed utilizing a community-centered approach that furthers inclusive, culturally competent outreach and access for all residents, regardless of income. Implementation of this pilot will inform the City's Existing Building Electrification Strategy, which is currently under development. City Council adopted Resolution No. 2021-0166 on June 1, 2021, committing to an equitable transition to electrification, prioritizing health and resilience, and historically marginalized, low-income communities.
Economic Impacts: This City investment is estimated to add 6 jobs to the local economy, including 4 direct and 2 indirect. Use of these funds in assisting low-income homeowners with steps towards home electrification will reduce and stabilize housing costs for these households, furthering their spending power locally and their stability in avoiding homelessness, which has negative impacts.
Environmental Considerations: These funds are planned to be used as part of the Home Repair Program Project. This Project dedicates funds to the repair of existing private structures and is exempt from CEQA pursuant to CEQA Guidelines section 15301 as maintenance of existing City facilities.
Sustainability: Energy use in the built environment represents 38% of Sacramento’s greenhouse gas emissions. Electrifying buildings is a foundational strategy to reduce Sacramento’s greenhouse gas emissions. Electric appliances can be cheaper to operate, saving residents money on utility bill costs while improving home comfort. By leveraging home rehabilitation investments with energy efficiency and electrification, the City can maximize benefits with home stabilization and ensure that people of all income levels enjoy the benefits of newer, efficient technology.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Staff pursued the TECH Quick Start Grant funding because it provides the opportunity for the City to further its electrification goals and climate equity goals with its
File ID: 2022-02169 1/24/2023 Consent Item 3.
housing anti-displacement and affordability programming. By utilizing these grant funds with the Home Repair Program for low-income households in the Stockton Area, the City can further these goals efficiently and effectively in partnership with SMUD, leveraging additional financial and in-kind resources for this program.
Financial Considerations: The City will receive $350,000 of grant funding to augment the budget in the FY 2022/23 Stockton Boulevard Housing Anti-Displacement Funding Project I02189030 to be used with the Home Repairs and Electrification Program to be completed for low-income homeowners in the Stockton Boulevard area.
To provide support for low-income households to receive heat pumps for their home repair project, staff is recommending an increase to the revenue and expenditure budget in the amount of $350,000 (Fund 2702) to the FY2022/23 Stockton Boulevard Housing Anti-Displacement Funding Project (I02189030).
Local Business Enterprise (LBE): Not applicable.
Resolution 2023- January 24,2023 Page 1 of 2
RESOLUTION NO. 2023-
Adopted by the Sacramento City Council
January 24, 2023
Resolution Approving Contract for Quick Start Grant Funds and Allocation to Habitat for Humanity for use with Home Repair Program
BACKGROUND
A. Whereas, the City Council adopted a resolution in June 2021 that committed the City towards action to accomplish carbon neutrality by 2045.
B. Whereas, the City Council has also committed to furthering all-electric construction and transitioning existing housing to all-electric utilities in an equitable and inclusive manner between now and 2045, utilizing a community-centered approach that furthers inclusive, culturally competent outreach and access for all residents, regardless of income.
C. Whereas, the City of Sacramento applied for and received $350,000 to further heat pump technology for low-income homeowners as part of the City’s Home Repair Program contract in partnership with Habitat for Humanity and SMUD as an anti- displacement program and pilot program effort in the Stockton Boulevard area.
D. Whereas, the City finds receipt of this grant and completion of the accompanying scope of work to be in alignment with City Council direction on climate action and housing anti-displacement work, particularly as studies have shown that conversion to all-electric in existing residential units yields both financial savings and increased air quality for the household residents.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. All evidence presented having been duly considered, the findings, including environmental findings regarding this action, as stated above, are found to be true and accurate and are hereby approved.
Section 2. In accordance with City commitments to climate action and electrification of housing using an equitable, community-centered approach and based on anti-displacement programming occurring in the Stockton Boulevard area, the City will receive and carryout this grant in accordance with the terms and scope of work attached as Exhibits A and B to this resolution, which Resolution 2023- January 24,2023 Page 2 of 2
are incorporated into this resolution by this reference.
Section 3. The City Manager or the City Manager’s designee is authorized to receive the $350,000 of grant funding and increase the revenue and expenditure budget in the FY 2022/23 Stockton Boulevard Housing Anti-Displacement Funding Project I02189030 (Fund 2702) to be used with Home Repairs and Electrification completed for low-income homeowners in the Stockton Boulevard area.
Section 4. The City Manager or the City Manager’s designee is authorized to negotiate, enter into, execute, and amend the attached necessary funding agreement and any related documents, subject to legal review and approval by the Office of the City Attorney.
Resolution Exhibits:
Exhibit A – Contract Terms
Exhibit B – Contract Scope of Work
1 TECH Quick Start Grant Participation Agreement
GENERAL PROGRAM INFORMATION
Program Description
The TECH Clean California Initiative (hereafter referred to as “TECH” or the “Program”) supports the installation of Heat Pump Water Heaters (“HPWH”) and HVAC Heat Pumps (“HP”) in California Gas Corporation Territory. The Program provides incentives to participating contractors for selling qualifying HPWHs and HPs to residential customers residing in a zip code served by a California Gas Corporation.
T
he Quick Start Grants (“QSG”) program under TECH is designed to fund localized, vanguard approaches to accelerate deployment of heat pump space and water heating technologies. Thi s allocation of funds is targeted at testing market transformation strategies and approaches, supporting technology development, and leveraging high-impact opportunities to increase the installed base of heat pump technologies.
T
he Program is implemented by Cohen Ventures, Inc. dba Energy Solutions (hereinafter referred to as “Energy Solutions” or “Program Implementer”) and administered by Southern California Edison Company (“SCE”), acting in its sole capacity as a contracting agent, on behalf of the California Public Utilities Commission (“CPUC”). To participate in the Program and receive Quick Start Grants funding, all Quick Start Grant Recipients are required to sign this TECH Quick Start Grant Participation Agreement, (this “Agreement”), agreeing to the terms and conditions of participation.
Program Definitions
When used in this Agreement, the following terms, with initial capitalization, have the meanings specified below:
“Gas Corporation” refers to any gas investor-owned utility (IOU) active within the State of California. The gas IOUs within California include Pacific Gas & Electric (“PG&E”), Southern California Gas (“SoCal Gas”), San Diego Gas & Electric (“SDG&E”), Southwest Gas (“SW Gas”)
“
Qualifying Customer” means eligible residential customers that reside in a zip code served by a Gas Corporation that has available Incentives being offered. For a current list of zip codes that contain incentives, please refer to www.energy- solution.com/tech.
“Qualifying Equipment” is limited to those listed at http://www.energy-solution.com/tech. Only Qualifying Equipment is eligible to receive Incentives.
“Heat Pump Incentive” or “Incentive” means financial reimbursement (e.g. rebates, discounts) paid to Participating Trade Professionals to encourage the installation of HPs and HPWHs. The Incentive for each Qualifying Equipment will be set forth on the Qualifying Equipment List, as such may be modified in accordance with this Agreement. “
Incentive Application” refers to the form Participating Trade Professionals must complete and submit to Energy Solutions in order to request reimbursement of Incentives for Qualifying Equipment. The process for submitting an Incentive Application is included in Attachment 1.
“P
articipating Trade Professional” means an entity that participates in any TECH Initiative program. The CPUC at its sole discretion, reserves the right to review and approve if an organization is a Participating Trade Professional. “
Quick Start Grant Recipient” refers to the selected awardee of the Quick Start Grant solicitation who is signing this Agreement and agreeing to its terms.
“Q
uick Start Grant” or “QSG” refers to the funds allocated to a Quick Start Grant Recipient to carry out the project detailed in a Scope of Work, which aims to test market transformation strategies and approaches, support technology development, and leverage high-impact opportunities to increase the installed base of heat pump technologies. 2 QUICK START GRANT RECIPIENT TERMS AND REQUIREMENTS
1. Term
This Agreement is effective upon the date it is executed by Quick Start Grant Recipient and will continue until J
une 7, 2025 (“Program End Date’) unless earlier terminated in accordance with the provisions in this Agreement.
The Program or this Agreement may be modified or terminated by Energy Solutions at any time without notice.
Termination of this Agreement or expiration of this Agreement shall not relieve Quick Start Grant Recipient of any warranties or other obligations expressed herein which by their terms are intended to extend beyond termination.
2. Scope of Work
By being awarded a Quick Start Grant, Quick Start Grant Recipient agrees to undertake, carry out, and complete in a satisfactory and proper manner certain work and projects (the “Project”) set forth in one or more Scopes of Wor k (
each a “Scope of Work” and collectively, the “Scopes of Work”), which may be amended and/or supplemente d f
rom time to time by mutual consent in writing of Quick Start Grant Recipient and Energy Solutions with eac h a
dditional Scope of Work. Each Scope of Work shall be executed by Energy Solutions and the Quick Start Grant Recipient, shall be incorporated into and become part of this Agreement as Exhibit A: Quick Start Grant Scope of Work , and shall be governed by the provisions of this Agreement. Each Scope of Work defines the Project, description of the Project, time of performance, compensation, required resources, reporting requirements, and an y
a
dditional terms and conditions. In the event of a conflict between the terms and conditions of this Agreement a nd a
Scope of Work, the provisions of the Agreement shall prevail unless the Quick Start Grant Recipient has obtained the express written consent of Energy Solutions to deviate from the terms and conditions of the Agreement for a particular Scope of Work.
3. Work Coordination
On each Scope of Work, Energy Solutions shall designate in writing a TECH Quick Start Grant Coordinator w ho i
s authorized to act on behalf of Energy Solutions. The TECH Quick Start Grant Coordinator and Quick Start Grant Recipient will coordinate with each other in the execution of each Scope of Work (including any m
odifications or supplements to any given Scope of Work), and the TECH Quick Start Grant Coordinator will use commercially reasonable efforts to cooperate with Quick Start Grant Recipient and to provide information t o Q
uick Start Grant Recipient and to make decisions on behalf of Energy Solutions that are necessary for the implementation and execution of each Scope of Work and Quick Start Grant Recipient’s execution of the Project.
4. Changes to Project
Subject to the terms “Changes to the Program” outlined in Section 3 “Work Coordination” above, Quick Start G
rant Recipient may request a change order (each a “Change Order”), in writing or by e- mail to the TECH Quick Start Grant Coordinator, in the event of actual or anticipated change(s) to the agreed scope of the Project, schedule, budget, or any other aspect of the Scope of Work. Absent a Change Order signed by Energy Solutions and the Quick Start Grant Recipient, Quick Start Grant Recipient shall not be bound or authorized to perform any a
dditional or out-of-scope services beyond what is stated in the Scope of Work, and Energy Solutions shall not be bound to compensate Quick Start Grant Recipient for any additional or out-of-scope services beyond what is stated in the Scope of Work. A Change Order shall state the following: (a) the original approved scope of the Project; (b) the requested change; (c) the reason for the requested change; and (d) how the proposed change will remai n c
onsistent with Energy Solutions’ or the Program’s goals. Energy Solutions and the Quick Start Grant Recipient agree to negotiate all Change Order requests expeditiously and in good faith.
5. Time is of the Essence
Quick Start Grant Recipient hereby acknowledge that time is of the essence in performing the duties under this Agreement. Failure to comply with stated deadlines or milestones may result in termination of this Agreement, payments being withheld, or other program modifications as directed by Energy Solutions .
6. Subcontracting
Quick Start Grant Recipient may use subcontractors to install Qualifying Equipment or provide any services associate with the Quick Start Grant, provided the Quick Start Grant Recipient takes full responsibility for the services provided by their subcontractors. Quick Start Grant Recipient represents and warrants to Energ y
S
olutions, SCE, and CPUC that all of Quick Start Grant Recipient’s subcontractors will perform their services in a professional manner and with the degree of skill and care that is consistent with current, good, and soun d p
rofessional procedures and practices.
3 7. Compensation and Method of Payment
Energy Solutions will pay Quick Start Grant Recipient the Quick Start Grant at the schedule and amounts set forth in the executed Exhibit A: Quick Start Grant Scope of Work. Quick Start Grant Recipient shall be paid in arrears, based upon invoices submitted by Quick Start Grant Recipient, and approved by Energy Solutions a nd S
CE. If a payment schedule sets forth progress payments that are due when given tasks or milestones a re c
ompleted, the full amount of the progress payment due upon completion of the task or milestone shall the n be
come payable to Quick Start Grant Recipient at that time, without deduction, subject to invoicing and payment timing terms described below. Quick Start Grant payments to Quick Start Grant Recipient will be subject to Energy Solutions first receiving payment from SCE. Energy Solutions shall pay Quick Start Grant Recipient for all approved invoices on the earlier of i) within seven (7) business days of receiving payment from SCE or ii) thirty (30) days following receipt and Energy Solutions approval.
I
n accordance with the billing schedule set forth in Exhibit A: Quick Start Grant Scope of Work, Quick Start G
rant Recipient shall submit to Energy Solutions invoices for payment by the tenth (10th) calendar day of each month for work and/or milestones completed in the month prior. Each invoice shall specify the Quick Start Grant Recipient’s payee name, Quick Start Grant Project Name, and shall specify in detail the achieved milestone amount, calculation, and the Services performed to achieve any milestones. Each invoice shall include the current monthly amount being invoiced, the cumulative amount invoiced to date, the accumulative retained amount, and the total fixed price. Energy Solutions shall review Quick Start Grant Recipient’s invoices, and Quick Start Grant Recipient shall provide any supporting documentation reasonably requested by Energy Solutions and make an y
co
rrections to invoices as may be requested by Energy Solutions from time to time.
8. Stop Work Procedures
Energy Solutions or CPUC may suspend Quick Start Grant Recipient’s work for any reason by notifying (orally or in writing) the Quick Start Grant Recipient to suspend the work. Quick Start Grant Recipient shall stop work immediately until further written instruction by Energy Solutions. Upon any suspension of work, Energy Solutions shall, within a reasonable time thereafter, instruct Quick Start Grant Recipient in writing on ho w to proceed, an d
Q
uick Start Grant Recipient shall follow such instruction.
9. Responding to Requests for Information
During the term of this Agreement, the parties shall respond to all requests for information from the other party, i n a
timely fashion, but no later than five (5) business days after the date the information is requested, unless the part y a
sks for an extension of time and such extension of time is granted by the requesting party(ies). Parties are expected to request only such information that is relevant and necessary for the performance of obligations of this Agreement and to meet and confer in an effort to resolve disagreements about requests for information before seeking guidance from Energy Solutions’ clients, if applicable.
10. Marketing Materials.
Quick Start Grant Recipient shall submit all marketing materials related to the Services being provided to Energy Solutions hereunder to the Energy Solutions Representative for approval prior to their release or communication.
Except as provided for herein, Quick Start Grant Recipient shall not use the name or logo of the CPUC on m
arketing materials for its program unless Quick Start Grant Recipient obtains prior written approval of the CPUC.
Q
uick Start Grant Recipient shall not use SCE’s, or any Gas Corporation’s, name, trademark, trade name, logo, identity, or any affiliation for any reason or in any way, including on marketing materials, without SCE’s, and, if applicable, such Gas Corporation’s prior written consent, which may be withheld by SCE or such Gas Corporation, if applicable, in its sole discretion. Quick Start Grant Recipient is prohibited from stating, implyi ng
or
in any way representing to third parties, Customers or program participants that SCE or any Gas Corporatio n ha
s endorsed or approved Quick Start Grant Recipient, its Subcontractors or their performance of the Services.
N
otwithstanding the foregoing, Quick Start Grant Recipient shall disclose their source of funding for the program by stating prominently on marketing materials that the program is “funded by California gas corporatio n r
atepayers under the auspices of the California Public Utilities Commission.”
11. Compliance with Applicable Laws
Quick Start Grant Recipient shall comply with all applicable federal, state and local laws, rules and regulations, and shall obtain all applicable licenses and permits for the conduct of the work. 4 12. Warranty
Quick Start Grant Recipient represents and warrants to Energy Solutions that Quick Start Grant Recipient w ill c
arry out the Project in a professional manner and with the degree of skill and care that is consistent with current, good and sound professional procedures and practices. Carrying out the Project in a professi onal manner includes, but is not limited to, meeting the requirements of the Program and failure to do so shall constitute a material breach of this Agreement.
13. Termination; Suspension Rights
Energy Solutions reserves the right to terminate this Agreement or any part of this Agreement for any reason or for no reason in its sole discretion. In the event of such termination, the Quick Start Grant Recipient shall immediately cease participation in the Program, including but not limited to any applicable use of Program materials such as announ
cement flyers, program website material or any other physical or digital material containing program details.
E
nergy Solutions reserves the right to terminate this Agreement for cause in the event of any default by the Quic k S
tart Grant Recipient, or if the Quick Start Grant Recipient fails to comply with any of the terms and conditions of this Agreement. In the event of termination for cause, the Quick Start Grant Recipient shall be liable to CPUC and Energy Solutions for any and all damages sustained by reason of the default, which gave rise to termination.
E
xcept as expressly provided in this Agreement, upon expiration or termination of this Agreement for any reason, neither CPUC nor Energy Solutions or any of its subcontractors shall have any further liability or obligation t o Q
uick Start Grant Recipient with respect to the Project or Quick Start Grant.
14. Confidentiality
Quick Start Grant Recipient acknowledges and agrees that CPUC and Program Implementer have no duty of confidentiality with respect to any information submitted by Quick Start Grant Recipient pursuant to its participation in the Program and that Program Implementer may disclose such information to the CPUC a nd
S
CE. This Program is subject to oversight by the CPUC which may wish to review any Program data that Program Implementer receives. Neither the CPUC, SCE nor Program Implementer will have any liability to Quick Start G
rant Recipient or any other party as result of any public disclosure of any data or other materials submitted by Q
uick Start Grant Recipient pursuant to the Program.
15. Safety Precautions and Protection of Property
Quick Start Grant Recipient shall plan and conduct the work to safeguard persons and property from injury. Quic k S
tart Grant Recipient shall direct performance of the work in compliance with reasonable safety and work practices and applicable federal, state and local laws, rules and regulations, including but not limited to, “Occupational Safety and Health Standards” promulgated by the U.S. Secretary of Labor and the Californi a D
ivision of Occupational Safety and Health.
16. Indemnity
Quick Start Grant Recipient agrees to indemnify and hold harmless Energy Solutions, SCE, the CPUC, its officers, agents and employees, from and against any and all claims, demands, liabilities, losses or causes of action whic h
a
rise out of or are connected with this agreement or the equipment excepting only those claims, demands, liabilities, losses, or causes of action arising solely from the negligence of Energy Solutions, SCE, the CPUC, its officers, agents and employees.
17. Assignment; Delegation of Duties
Quick Start Grant Recipient shall not assign its rights, duties, and obligations under this Agreement. Quick Star t G
rant Recipient shall not delegate its rights, duties and obligations under a Scope of Work (e.g. to a subcontractor or employee) without the prior written consent of Energy Solutions, which may be withheld in its sole discretion; provided, however, Quick Start Grant Recipient shall remain responsible for the quality and timeliness of performance notwithstanding any delegation. Nothing contained in this paragraph prohibits the assignment of accounts receivable for financing purposes.
18. Force Majeure
Neither Party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitutes default, if such delay or failure is caused by “Force Majeure.” As used in this section, Force Majeure is defined as: Acts of war and acts of god such as earthquakes, floods and other natural 5 disasters, or actions of others, including but not limited to strikes, lockouts or other industrial disturbance, not within the control or arising from the fault of the Party claiming Force Majeure.
T
he Party affected by a Force Majeure Event (“Affected Party”) shall be excused from performing its obligati ons under this Agreement to the extent that such performance is prevented or delayed due to the delay occasioned by a Force Majeure event; provided, however, that the suspension of performance is of no greater scope and of no longer duration than is required by such Force Majeure event. If a Force Majeure Event excuses Quick Start Grant Recipient from performing its obligations under this Agreement, Quick Start Grant Recipient will not be paid for the obligations that were excused because of the Force Majeure Event.
19. Right to Audit
Quick Start Grant Recipient agrees that Energy Solutions, CPUC, or its designated representatives, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement or the work. Quick Start Grant Recipient agrees to maintain such records for possible audit for at least seven (7) years after the end of the contract term. Quick Start Grant Recipient agrees to allow the auditor(s) reasonable access to such records during normal business hours and to allow interviews of any employees w ho
m
ight reasonably have information related to such records. Further, Quick Start Grant Recipient agrees to include a similar right of Energy Solutions, CPUC, or its designated representative to audit records and interview staff in any subcontract related to performance of the work or this Agreement.
20. No Benefits; Expenses
Quick Start Grant Recipient shall not be entitled to any benefits afforded to Energy Solutions’ or CPUC’s employees, including without limitation workers’ compensation, disability insurance, vacation, or sick pay.
Q
uick Start Grant Recipient shall comply, at its own expense, with all applicable provisions of workers’ compensation laws, unemployment insurance laws, federal social security law, the Fair Labor Standards Act, and all other applicable federal, state and local laws and regulations relating to the terms and conditions of employment required to be fulfilled by employers and any other applicable federal, state and local laws and regulations.
Q
uick Start Grant Recipient shall be responsible for providing, at Quick Start Grant Recipient’s expense and i n Q
uick Start Grant Recipient’s name, disability, worker’s compensation, or other insurance, as well as licenses a nd p
ermits usual or necessary for conducting its Services under this Agreement.
Q
uick Start Grant Recipient shall be responsible for all taxes, expenses and overhead costs incurred in associati on w
ith the performance of its Services.
21. Tax Liability
Quick Start Grant Recipient will report grant funding on IRS Form 1099 unless Quick Start Grant Recipient has indicated its tax-exempt corporate tax status above. Quick Start Grant Recipient is encouraged to consult its ta x
a
dviser concerning the taxability of incentives. Neither the CPUC nor program implementer are responsible for any taxes, interest, and/or penalties that may be imposed on Quick Start Grant Recipient as a result of receipt of incentives from this program or any other program related cost. Quick Start Grant Recipient assumes a ll
r
esponsibility for collecting and reporting any and all applicable sales tax. Quick Start Grant Recipien t a
cknowledges that at the time of purchase, sales tax must be applied prior to the application of any rebate.
22. Non-Discrimination
Quick Start Grant Recipient and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religions creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Quick Start Grant Recipient and subcontractors shall ensure that th e
ev
aluation and treatment of their employees and applicants for employment are free from such discrimination a nd h
arassment.
23. Waiver
Delay or failure to enforce or insist on strict compliance with any provision of this Agreement does not constitute a waiver or otherwise modify this Agreement. Waiver of any right granted under this Agreement on one occasi on
w
ill not: (i) waive any other right; (ii) constitute a continuing waiver or (iii) waive that right on any other occasion. 6 24. Regulatory and Governing Authority
Quick Start Grant Recipient understands and agrees that this Participation Agreement and the Program shall at all tim
es be subject to changes or modifications by the CPUC at its sole discretion. Quick Start Grant Recipient unde
rstands and agrees that the CPUC may at any time commence an investigation or other regulatory proceeding i
n connection with the Program and/or this Participant Agreement. Quick Start Grant Recipient agrees to cooperate fully with any such investigation or proceeding.
25. Governing Law; Jurisdiction and Venue
This Agreement will be interpreted under, and any disputes arising out of this Agreement will be governed by, the laws of the State of California, without reference to its conflicts of law principles. Quick Start Grant Recipien t i
rrevocably consents to the jurisdiction of the state and federal courts located in the State of California, USA, in connection with all actions arising out of or in connection with this Agreement, and waives any objections that venue is an inconvenient forum. Quick Start Grant Recipient further agrees that it will not initiate any action against Energy Solutions, CPUC, or SCE in any other jurisdiction.
26. Severability
In the event that one or more of the provisions contained in this Agreement shall for any reason be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and such provision shall be deemed amended to the minimum extent necessary to conform t o ap
plicable law so as to be valid, legal and enforceable. If such provision cannot be amended as provided above, it will be stricken and the remainder of this Agreement will remain in full force and effect.
27. Notices or Demands
Unless expressly stated otherwise, any approval, consent or confirmation required under this Agreement shall be i n w
riting. Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by email, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party.
Except for Change Orders which shall go through Energy Solutions’ Project Coordinator, all other notices an d
c
orrespondence shall be addressed as follows:
Energy Solutions (Program Implementer):
Cohen Ventures, Inc.
Attention: Contract Services
449 15th Street, Suite 400
Oakland, CA 94612
Telephone: 510-482-4420
Email: [email protected]
Quick Start Grant Recipient:
Company Name:
Attention:
Address Line 1:
Address Line 2:
Phone:
Email:
N
otices shall be deemed received (a) if personally or hand-delivered, upon the date of delivery to the address of the person authorized to receive such notice if delivered before 5:00 p.m., or otherwise on the business day following personal delivery; (b) if mailed, three (3) business days after the date the notice is postmarked; (c) if by email, upon written email confirmation of receipt or read receipt; or (d) if by overnight courier: on the business day following delivery to the overnight courier within the time limits set by that courier for next -day delivery. 7 TECH PROGRAM TERMS AND CONDITIONS
Participating Trade Professional: For any Project that results in an installation of Qualifying Equipment for a Qualifying Customer by a contractor hired by Quick Start Grant Recipient, Quick Start Grant Recipient will enroll in the TECH program and will require such contractor to enroll in the TECH program as “Participating Trade Professional(s)”. As a part of the enrollment process into the TECH program, both parties shall sign and maintain the requirements set forth in the Trade Professional Participation Agreement, substantially similar to the terms and conditions set forth in Exhibit B: TECH Participating Trade Professional Agreement.
Program Funding: The Program is funded by California gas corporation ratepayers under the auspices of the California Public Utilities Commission (“CPUC”). Total Program incentive funding is available on a first-come, first- served basis until the funding is depleted or the Program is terminated.
Cancellation Policy, Requirements, Process, and Any Applicable Fees: There are no applicable fees for participating in the Program, however, Energy Solutions reserves the right to terminate any Agreements with Quick Start Grant Recipient for any reason or for no reason in its sole discretion. This may re sult in cancellation of incentives.
Risks and Benefits of Participation: There are no guaranteed benefits for participating in the Program. Incentives are available on a first come first serve basis and can significantly reduce upfront costs of installations. Installing Qualifying Equipment does not guarantee a certain amount of energy or gas savings. The Program will not assume liability for any unpaid incentives, which may present a risk to the Quick Start Grant Recipient and Qualifying Customer. As part of this Agreement, the Quick Start Grant Recipient acknowledges all risks associated with participating in the TECH initiative.
Disclosure: Quick Start Grant Recipient, Energy Solutions, and other third parties associated with the Program are not a representative of SCE or any Gas Corporation or otherwise affiliated with SCE or any Gas Corporation.
Installation Requirements: The Program requires that the Qualifying Equipment is installed at an eligible customer address that is in a Gas Corporation territory and that the Qualifying Equipment is installed in place of an existing water heater or furnace, or has controls installed that prevent furnace from operating as the main heating source.
Quality Assurance and Quality Controls Protocols: All incentive applications will be subject to automated and manual protocols designed by Energy Solutions to evaluate that equipment and customers are eligible to receive program funding, that equipment replaced an existing system and equipment is in good working order. Th ese processes will be used to identify fraudulent activities and ensure no fraudulent data is submitted in applications.
Inspections, Verification, and Evaluation: The installation of equipment will be subject to verification and metering by Energy Solutions or its representatives. Verification and Evaluation (including onsite inspections at customer address), and metering may be performed per Energy Solutions requirements on all equipment listed, or a select portion of the equipment. Evaluation activities may include surveys and interviews of contractors and homeowners/occupants to understand equipment performance and the program experience.
Notice: California Consumers are not obligated to purchase any full fee service or other service not funded by the Program. The Program is funded by California Gas Corporation ratepayers and administered by Southern California Edison Company under the auspices of the California Public Utilities Commission. Any data related to the Program, including any customer data, will be shared with authorized entities, including but not limited to, policy makers, program implementers, and the program evaluator under confidentiality protocols. As this data will not be made public and will follow the confidentiality rules and protocols established by the CPUC in prior proceedings, it does not require individual customer permission.
[Signature on next page]
8 By signing below, Quick Start Grant Recipient agrees to be bound by the terms and conditions of this Agreement, including all associated Exhibits, Attachments, and Appendices, and has caused this Agreement to be executed by its duly authorized representative.
Quick Start Grant Recipient Signature ______________________________________________ Title ______________________________________________
Print Name ______________________________________________ Date ______________________________________________
9 Exhibit B
TECH Participating Trade Professional Agreement
1 TECH Trade Professional Participation Agreement
1. Participating Trade Professional Information
Company Name (“Participating Trade Professional”)
Parent Company Name (if applicable)
Company Name to be Included on Public Listing (if different than Company Name above) Street Address City State Zip
Mailing Address (if different from above) City State Zip Federal Tax ID Number Tax Status (Circle one)
Corporation, Partnership,
Sole
Proprietor, tax-exempt
Contractor License #
Primary Program Contact Title Phone Number Email Address Secondary Program Contact Title Phone Number Email Address Incentive Data Entry Contact Title Phone Number Email Address Payee Name Payee Title
Check Mailing Address
What Sector do you serve? (Circle one)
Single-family Multifamily Both
What counties do you primarily serve? (List all)
2 Designated Applicant Information (if applicable)*
Organization Name (if applicable) Do you approve of the designated applicant receiving incentive payments on your behalf? Receipt of the
payment will be considered the “Payee” (Circle One)
Yes No
Applicant Contact Name Contact Title Contact Phone Number Contact Email Street Address City State Zip
Mailing Address (if different from above) City State Zip Federal Tax ID Number Tax Status (Circle one)
Corporation, Partnership,
Sole
Proprietor, tax-exempt
* By completing the Designated Applicant Information section, Participating Trade Professional permits Designated Applicant to submit the Incentive Application to the TECH Clearinghouse on behalf of the Participating Trade Professional. Notwithstanding the foregoing, any such Incentive Application shall be deemed submitted by Participating Trade Professional for all purposes. In no event shall Program Implementer be responsible or liable, and Participating Trade Professional retains and assumes all liability, for (i) any Incentive Application that is not submitted in a timely manner, that is incomplete or that contains any inaccurate information, or that otherwise fails to meet Program eligibility criteria and is not approved; (ii) maintaining the confidentiality of Participating Trade Professional account passwords and any other private, confidential information provided by Participating Trade Professional to Designated Applicant; or (iii) cooperation with verification activities such as providing supporting documentation to Program Implementer. Participating Trade Professional understands and agrees that there is no guarantee that any Incentive Application submitted by Designated Applicant on behalf of Participating Trade Professional will be approved or that Participating Trade Professional will receive an Incentive payment therefor under this Program.
3 2. GENERAL PROGRAM INFORMA TION
Program Description
The TECH Initiative (hereafter referred to as the “Program”) supports the installation of Heat Pump Water Heaters (“HPWH”) and HVAC Heat Pumps (“HP”) in California Gas Corporation Territory. The Program provides incentives to Participating Trade Professionals for selling and installing qualifying HPWHs and HPs to residential customers residing in a zip code served by a California Gas Corporation.
Cohen Ventures, Inc. dba Energy Solutions (hereinafter referred to as “Energy Solutions” or “Program Implementer”) is implementing the program on behalf of The California Public Utilities Commission (“CPUC”). To participate in the Program, Participating Trade Professionals are required to sign this Participation Agreement agreeing to the terms and conditions of participation (the “Agreement”).
Program Term
This Agreement is effective upon the date it is executed by Participating Trade Professional and will continue until June 7, 2025 (“Program End Date’) unless earlier terminated in accordance with the provisions in this Agreement. The Program or this Agreement may be modified or terminated by Energy Solutions at any time. Termination of this Agreement or expiration of this Agreement shall not relieve Participating Trade Professional of any warranties or other obligations expressed herein which by their terms are intended to extend beyond termination.
Program Definitions
When used in this Agreement, the following terms, with initial capitalization, have the meanings specified below:
“Designated Applicant” is a party other than the Participating Trade Professional who is approved to submit Incentive Applications and receive Incentive payments on behalf of the Participating Trade Professional.
“Gas Corporation” refers to any gas investor-owned utility (“IOU”) active within the State of California. The gas IOUs within California include Pacific Gas & Electric (“PG&E”), Southern California Gas (“SoCal Gas”), San Diego Gas & Electric (“SDG&E”), Southwest Gas (“SW Gas”). “Heat Pump Incentive (Incentive)” means financial reimbursement (e.g. rebates, discounts) to Participating Trade Professional paid pursuant to this Agreement to encourage the installation of HPs and HPWHs. The Incentive for each Qualifying Equipment will be set forth on the Qualifying Equipment List, as such may be modified in accordance with this Agreement. “Incentive Application” refers to the form Participating Trade Professional must complete and submit to Energy Solutions in order to request reimbursement of Incentives for Qualifying Equipment. The process for submitting an Incentive Application is included in Exhibit A. “Payee” is the party receiving the Incentive payment. This is the Trade Professional unless they have agreed to assign this to the Designated Applicant.
4 “Qualifying Customer” means eligible residential customers that reside in a zip code served by a Gas Corporation that has available Incentives being offered. For a current list of zip codes that contain incentives, please refer to http://www.energy-solution.com/tech. “Qualifying Equipment” means that the equipment is eligible for Incentives. Qualifying Equipment is limited to equipment included on the Qualified Equipment List. “Qualifying Equipment List” The list of Qualifying Equipment that are eligible for Incentives.
The initial Qualifying Equipment List is included at http://www.energy-solution.com/tech and may be modified from time to time as set forth in this Agreement. “Participating Trade Professional” means an entity that participates in any TECH Initiative program. The CPUC, at its sole discretion, reserves the right to review and approve if an organization is a Participating Trade Professional.
“Qualifying Facility” means the residence where the Qualifying Equipment is being installed. “Qualifying Sale” occurs when a Qualifying Equipment is installed at a Qualifying customer by a Participating Trade Professional.
“TECH Clearinghouse” is the paperless, online system for entering, processing and tracking applications.
3. PROGRAM TERMS OF PARTICIPATION
Term, termination, suspension rights
Energy Solutions reserves the right to terminate this Agreement or any part of this Agreement for any reason or for no reason in its sole discretion. In the event of such termination, the Participating Trade Professional shall immediately cease participation in the Program, including but not limited to any applicable use of Program materials such as announcement flyers, program website material or any other physical or digital material containing program details. Energy Solutions will not pay Participating Trade Professional incentives for any Applications dated and submitted after receipt of notice of termination or for any costs incurred by the Participating Trade Professional post-termination.
Energy Solutions reserves the right to terminate this Agreement for cause in the event of any default by the Participating Trade Professional , or if the Participating Trade Professional fails to comply with any of the terms and conditions of this Agreement. Examples of cause include but are not limited to (a) failure to properly complete incentive forms; (b) failure to properly process incentives; (c) loss of certifications necessary for participation in the Program, insolvency; or (d) failure to provide Energy Solutions reasonable assurances of future performance. In the event of termination for cause, the Participating Trade Professional shall be liable to the Program for any and all damages sustained by reason of the default, which gave rise to termination.
5 Changes to the program
Energy Solutions may, in its sole discretion, make changes to the Program at any time, including, without limitation, modifying incentive amounts, and adding or removing Qualifying Equipment from the Program. The date of such change(s) will take effect on the earlier of (a) the date the change is posted on the Program website, or (b) the date the Participating Trade Professional receives written notice of such change and will apply to any installations completed on or after the date the change takes effect regardless of date the incentive is applied for. Written notice will generally be provided in email format.
4. INCENTIVE APPLICATION PROCESSING, TERMS AND PAYMENT
4a. Incentives and Payments
Online Incentive System
The program utilizes a paperless, online system for entering, processing and tracking applications. This is referred to as the TECH Clearinghouse. In order for applications to be processed, each Participating Trade Professional or their Designated Applicant (in either case, whichever party is submitting the application is hereafter referred to as “Applicant”), will submit information into the TECH Clearinghouse \, along with supplemental documentation provided by the Participating Trade Professional for each sale. Upon enrollment in the program, Applicant is provided with the TECH Clearinghouse System URL, a unique log-in ID and will receive program- supported training on the use of the system. Applicant must request a unique log -in ID for each person that access the TECH Clearinghouse. Applicant must make specific log -in ID deactivation requests as appropriate. Additional log -in IDs may be requested by email by the Primary Management Contact, Secondary M anagement Contact, or Incentive Data Entry Contact identified on this form .
Applying for a Program Incentive
To apply for a program incentive and receive rebate reimbursement, Applicant must input sales and installation information to TECH Clearinghouse.
Application Sales Data Submissions
In order to participate in the Program, the Applicant must collect and submit sales data on each Incentive Applications. Sales data required may differ depending on the component of the Program that the Participating Trade Professional is taking part in.
INCENTIVE APPLICATION TERMS AND CONDITIONS
The following provisions apply to every incentive application submitted by Applicant.
6 GOOD FAITH STATEMENT
Applicant warrants all incentive application information is submitted in good faith as true and correct and all the Qualifying Equipment listed in each incentive application i s new and was sold by a Participating Trade Professional to a Qualifying Customer who installed the Qualifying Equipment at a Qualifying Facility. Applicant will take appropriate internal administrative steps to avoid duplicate entries of Incentive applica tions that may be created due to Participating Trade Professional’s current paperwork processes, personal organization of assigned administrative support, and potentially fraudulent activity.
TAX LIABILITY
Program implementer may report vendor’s sales inc entives as income to Payee on IRS Form 1099 depending on their tax status indicated. . Payee is encouraged to consult its tax adviser concerning the taxability of incentives. Neither the CPUC nor program implementer are responsible for any taxes, interest, and/or penalties that may be imposed on Payee as a result of receipt of incentives from thi s program or any other program related cost. Payee assumes all responsibility for collecting and reporting any and all applicable sales tax. Participating Trade Professional acknowledges that at the time of purchase, sales tax must be applied prior to the application of any rebate.
REFUNDS AND ADJUSTMENTS
Program Implementer is entitled to a prompt refund from Payee of any and all equipment returns processed by Payee for which the Program Implementer has paid a rebate reimbursement to the Payee. Any refund of rebate amounts paid to Participating Trade Professional to which Program Implementer becomes entitled will be deducted and offset as an adjustment from Payee’s future invoices. If Program Implementer cannot offset the refund in a timely manner, then, if requested by Program Implementer or the CPUC , the Payee must promptly refund to Program Implementer the rebate amounts due.
Any written notice, demand, or request required or authorized in connection with this Agreement shall be deemed properly given if delivered in person, sent electronically via email, a nationally recognized overnight courier, or first -class mail, postage prepaid, to the addresses specified below or to other addresses specified in writing by Energy Solutions. An originally executed version of this Agreement, delivered electronically via email by one party to the other party as evidence of signature shall for all purposes hereof be deemed an original. When any of the abo ve methods of execution of this Agreement is utilized in accordance with the terms set forth in this Section, then neither party shall have the right to object to the manner in which the Agreement was executed as a defense to the enforcement of this Agreement.
7 4b. Additional Terms and Conditions
Invoice Requirements
The following information must be included on invoices to Qualifying Customers:
• Invoice details
• Pre-incentive pricing
• Pricing, with incentive accounted for
• Manufacturer and model number of installed Qualifying Equipment Participating Trade Professional Agreement with Customer To be eligible for incentives under this Agreement, the Program Participating Trade Professional must enter into an agreement with each Qualifying Customer that is receiving an incentivized product (“Customer Agreement”). This Customer Agreement must include the following: i) Participating Trade Professional ’s company name and ultimate parent, ii) Participating Trade Professional’s customer service contact information (phone number and email), and iii) the TECH Initiative Program Terms and Conditions, set forth and attached herein as Exhibit B.
APPLICATION AGREEMENT CLAUSES
The following provisions contain terms and conditions that are part of every incentive application. By signing this agreement, Participating Trade Professional agrees that these terms and conditions will apply to every incentive application submitted.
WARRANTY DISCLAIMER AND LIABILITY
NEITHER THE CPUC, SCE NOR THE PROGRAM IMPLEMENTER ENDORSES,
GUARANTEES, OR WARRANTS ANY MANUFACTURER, DISTRIBUTOR OR PRODUCT,
AND NEITHER THE CPUC, SCE NOR THE PROGRAM
IMPLEMENTER MAKES ANY WARRANTIES OR GUARANTEES IN CON NECTION WITH
THE PROGRAM, ANY PROJECT, OR ANY ITEM OR SERVICES PERFORMED IN
CONNECTION HEREWITH OR THEREWITH, WHETHER STATUTORY, ORAL, WRITTEN,
EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR P URPOSE. NEITHER THE CPUC,
SCE NOR THE PROGRAM IMPLEMENTER SHALL HAVE ANY RESPONSIBILITY OR
LIABILITY TO THE PARTICIPATING TRADE PROFESSIONAL, ITS EMPLOYEES, ITS
AGENTS OR ANY THIRD PARTIES IN CONNECTION WITH THE PROGRAM OR OTHERWISE. THIS DISCLAIMER SHALL SURVIVE ANY CANCELLATION, COMPLETION, TERMINATION OR EXPIRATION OF THE DISTRIBUTOR’S PARTICIPATION IN THE PROGRAM. THE PARTICIPATING TRADE PROFESSIONAL ACKNOWLEDGES AND
AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS,
LICENSORS, OR PROVIDER S OF MATERIAL, EQUIPMENT, OR OTHER ITEMS PROVIDED
OR USED IN CONNECTION WITH THE PROGRAM AND IN CONNECTION WITH THESE
TERMS AND CONDITIONS, INCLUDING ITEMS INCORPORATED IN
8 THE PROGRAM (“THIRD PARTY WARRANTIES”) ARE NOT TO BE CONSIDERED
WARRANTIES OF EITHER THE CPUC, SCE OR THE PROGRAM
IMPLEMENTER AND NEITHER MAKES ANY REPRESENTATIONS, GUARANTEES, OR
WARRANTIES AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES.
IN NO EVENT SHALL A PARTY BE LIABLE TO ANOTHER PARTY FOR ANY
CONSEQUENTIAL, INCIDENTIAL, PUNITIVE OR INDIRECT DAMAGES INCLUDING LOST
PROFITS, ARISING FROM OR OTHERWISE IN CONNECTION WITH
THIS PARTICIPATION AGREEMENT.
INDEMNITY
Participating Trade Professional agrees to indemnify and hold harmless Energy Solutions, SCE, the CPUC, its officers, agents and employees, from and against any and all claims, demands, liabilities, losses or causes of action which arise out of or are connected with this agreement or the equipment excepting only those claims, demands, liabilities, losses, or causes of action arising solely from the negligence of the Energy Solutions, SCE, the CPUC, its officers, agents and employees.
REGULATORY AND GOVERNING AUTHORITY
Participating Trade Professional understands and agrees that this Participation Agreement and the Program shall at all times be subject to changes or modifications by the CPUC at its sole discretion. Participating Trade Professional understands and agrees that the CPUC may at any time commence an investigation or other regulatory proceeding in connection with the Program and/or this Participant Agreement. Participating Trade Professional agrees to cooperate fully with any such investigation or proceeding.
PRESERVATION OF RECORDS
Participating Trade Professional shall preserve all records of sales of equipment for which a TECH rebate was issued, and a sales incentive was received under this program for a period of five years after termination of this agreement. The CPUC’s duly authorized representatives shall have the right to inspect and to reproduce any such accounts and records related to equipment purchase, sales, rebates processed, or the incentives received. All financial statements, reports, records, and other documents shall properly reflect the true facts about all activities and transactions for which the Participating Trade Professional issued a point-of-sale rebate and received an incentive as a program participant.
CONFIDENTIALITY
Participating Trade Professional acknowledges and agrees that CPUC and Program Implementer have no duty of confidentiality with respect to any information submitted by Participating Trade Professional pursuant to its participation in the Program and that Program Administrator and Program Implementer may disclose such information to the CPUC and SCE. This Program is subject to oversight by the CPUC which may wish to review any Program data that Program Implementer receives. Neither the CPUC, SCE nor Program Implementer will have any liability to Participating Trade Professional or any other party as result of any public disclosure of any data or other materials submitted by Participating Trade Profession al pursuant to the Program.
9 5. PARTICIPATING TRADE PROFESSIONAL TERMS AND REQUIREMENTS
5.1 Subcontracting
Participating Trade Professional may use subcontractors to install Qualifying Equipment, provided the Participating Trade Professional takes full responsibility for the services provided by their subcontractors. Participating Trade Professional represents and warrants to Energy Solutions, SCE, and CPUC that all of Participating Trade Professional’s subcontractors will perform their services in a professional manner and with the degree of skill and care that is consistent with current, good, and sound professional procedures and practices.
5.2 Insurance Requirements
Participating Trade Professional and any party engaged by Participating Trade Professional shall carry and maintain throughout the Program Term, insurance meeting at least the minimum coverage amounts set forth below. All policies shall be written by a financially responsible insurance company licensed or authorized to do business in the state where the Participating Trade Professional is located , and having a rating of at least “A-” and a financial rating of at least “VII” on the most current edition of AM Best’s Key Rating Guide or a secure rating by another generally recognized rating agency. Energy Solutions shall be given no less than thirty days advance written notice of cancellation or material change in coverage. Participating Trade Professional shall send certificates of insurance to Energy Solutions upon completion of this Agreement and prior to submitting an incentive application for any incentive, unless otherwise specified.
5.3 Insurance Minimum Coverage Amounts
Participating Trade Professional shall obtain, and maintain the following:
a. Commercial general liability insurance with coverage of at least $1,000,000 each occurrence/$2,000,000 aggregate for bodily injury, property damage and personal injury (such coverage to be afforded utilizing one or more commercial g eneral liability and/or umbrella liability policies).
b. Workers’ compensation insurance with limits no less than as required by applicable laws and Employers’ Liability insurance no less than $1,000,000 per event of injury or death each accident.
c. Coverage at least as broad as the Insurance Services Office (ISO) covering Automobile Liability with limits no less than $1,000,000 each accident for bodily injury and $500,000 each accident for property damage .
If any policy of insurance required under any provision of this agreement is subject to a general aggregate limit, then such aggregate limit shall be at least twice the event itself.
10 5.4 Warranty
Participating Trade Professional shall provide Qualifying Customers a warranty on Qualifying Equipment that is the subject of an incentive payment pursuant to this Agreement that all materials and equipment furnished are new, free from faults and defects and of good quality and further warrant against any defect in materials, manufactur e, design, or installation for a period of one (1) year from the date the materials are provided and/or installed, whichever is later.
5.5 Permits
Participating Trade Professional shall comply with any and all applicable laws, codes and ordinances and obtain all required licenses, finalized permits or approvals from the appropriate authorities.
5.6 Confidential Data
Qualifying Customer account numbers and names are considered confidential data and may not be provided via email. This data may be provided through the TECH Clearinghouse, or if any additional transfer of confidential data is required, Energy Solutions will setup a secure file transfer website for Participating Trade Professional to use to transfer data.
5.7 Non-Discrimination
Participating Trade Professional and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religions creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Participating Trade Professional and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
5.8 Hazardous Materials Regulations
Participating Trade Professional attests that they conform to industry regulations for treating hazardous or environmentally harmful materials at all times during participation in the Program and their employees are properly trained.
5.9 Safety Regulations
Participating Trade Professional attests that they conform to industry regulations for working safely at all times during participation in the Program and their employees are properly trained.
5.10 Complaint Resolution
Participating Trade Professional is responsible for maintaining quality relationships with Qualifying Customers and will not hold the Program responsible for outstanding issues with Customer as a result of their participation in the Program. Participating Trade Professional shall diligently resolve any Qualifying Customer complaints in a way that preserves Qualifying Customer satisfaction. Failure to resolve Qualifying Customer complaints may result in termination from participation in the Program.
11 5.11 Governing Law; Jurisdiction and Venue
This Agreement will be interpreted under, and any disputes arising out of this Agreement will be governed by, the laws of the State of California, without reference to its conflicts of law principles. Participating Trade Professional irrevocably consents to the jurisdiction of the state and federal courts located in the State of California, USA, in connection with all actions arising out of or in connection with this Agreement, and waives any objections that venue is an inconvenient forum. Participating Trade Professional further agrees that it will not initiate any action against Energy Solutions, CPUC, or SCE in any other jurisdiction.
5.12 Waiver
Delay or failure to enforce or insist on strict compliance with any provision of this Agreement does not constitute a waiver or otherwise modify this Agreement. Waiver of any right granted under this Agreement on one occasion will not: (i) waive any other right; (ii) constitute a continuing waiver or (iii) waive that right on any other occasion.
6. TECH Program Terms and Conditions:
Qualifying Equipment: Qualifying Equipment is limited to those listed at http://www.energy- solution.com/tech. Only Qualifying Equipment is eligible to receive Incentives.
Program Funding: The Program is funded by funded by California gas corporation ratepayers under the auspices of the California Public Utilities Commission (“CPUC”) and administered by Southern California Edison (“SCE”) under the oversight of the CPUC. Total Program incentive funding is set at $70,235,000 and is available on a first-come, first-served basis until the funding is depleted or the Program is terminated.
Cancellation Policy, Requirements, Process, and Any Applicable Fees: There are no applicable fees for participating in the Program, however, Energy Solutions reserves the right to terminate Agreements with Participating Trade Professional for any reason or for no reason in its sole discretion. This may result in cancellation of incentives.
Risks and Benefits of Participation: There are no guaranteed benefits for participating in the Program. Incentives are available on a first come first serve basis and can significantly reduce upfront costs of installations. Installing Qualifying Equipment does not guarantee a certain amount of energy or gas savings. The Program will not assume liability for any unpaid incentives, which may present a risk to the Participating Trade Professional and Qualifying Customer. As part of this Agreement, the Participating Trade Professional acknowledges all risks associated with participating in the TECH initiative.
Disclosure: Participating Trade Professional , Energy Solutions, and other third parties associated with the Program are not a representative of SCE or any Gas Corporation or otherwise affiliated with SCE or any Gas Corporation.
Installation Requirements: The Program requires that the Qualifying Equipment is installed at an eligible customer address that is in a Gas Corporation territory and that the Qualifying Equipment is installed in place of an existing water heater or furnace, or has controls installed that prevent furnace from operating as the main heating source.
12 Quality Assurance and Quality Controls Protocols: All incentive applications will be subject to automated and manual protocols designed by Energy Solutions to evaluate that equipment and customers are eligible to receive program funding, that equipment replaced an existing system and equipment is in good working order. These processes will be used to identify fraudulent activities and ensure no fraudulent data is submitted in applications.
Inspections, Verification, and Evaluation: The installation of equipment will be subject to verification and metering by Energy Solutions and its representatives and the program evaluator, as approved by CPUC. Verification and Evaluation (including onsite inspections at customer address), and meter ing may be performed per Energy Solutions requirements on all equipment listed, or a select portion of the equipment. Evaluation activities may include surveys and interviews of contractors and homeowners/occupants to understand equipment performance and t he program experience. The installation of equipment will be subject to verification by Energy Solutions and its representatives and the program evaluator, as approved by CPUC. Verification (including onsite inspections at customer address) may be performed per Energy Solutions requirements on all equipment listed, or a select portion of the equipment.
Notice: California Consumers are not obligated to purchase any full fee service or other service not funded by the TECH initiative. This program is funded by California gas corporation ratepayers and administered by Southern California Edison Company under the auspices of the California Public Utilities Commission. Any data related to this program, including any customer data, will be shared with auth orized entities, including but not limited to, policy makers, program implementers, and the program evaluator under confidentiality protocols. Customer data includes (a) any data collected via incentive applications, (b) any data collected from incentivized equipment, either obtained directly from the manufacturer or from other authorized entities by Energy Solutions, Program Evaluator, or other authorized entities approved by CPUC, and (c) meter-based gas consumption and electricity consumption data collec ted by a customer’s utility prior to and following installation of incentivized equipment. As this data will not be made public and will follow the confidentiality rules and protocols established by the CPUC in prior proceedings, it does not require indivi dual customer permission.
13 By signing below, Participating Trade Professional agrees to be bound by the terms and conditions of this Agreement, including all associated Exhibits and Appendices, and has caused this Agreement to be executed by its duly authorized representative.
Participating Trade Professional Signature ______________________________________________ Title ______________________________________________
Print Name ______________________________________________ Date ______________________________________________
If a Designated Applicant has been assigned:
By signing below, Designated Applicant agrees to be bound by the terms and conditions in section 4a of this Agreement, and has caused this Agreement to be executed by its duly authorized representative.
Designated Applicant Signature ______________________________________________ Title ______________________________________________
Print Name ______________________________________________ Date ______________________________________________
Completion Checklist
1. Fill out Page 1 in the Participating Trade Professional Information section
2. Sign Page 11
3. Email completed signed Agreement and Certificate of Insurance to [email protected]
14 Exhibit A
TECH Initiative Participating Trade Professional Incentive Program Procedures
Applications for Incentives must be submitted online. The URL for the online Incentive Application is http://www.catechincentives.com. All Applications must be entered and submitted on or before June 7th, 2025.
By submitting an Application, you acknowledge and accept the Terms and Conditions of the Iris online incentive claim-processing platform listed on the website. When you accept the Terms and Conditions, the Incentive Application becomes a legally binding contract between you and Energy Solutions. If the Program Implementer enters an Incentive Application online for you, you agree to review what was entered and confirm it is correct, and that that Application is legally binding as if you had entered it personally.
You may only enter an Incentive Application after receiving a username and password for the Program. You should change your password before submitting your first Incentive Application.
You will be responsible for maintaining privacy and the privacy of your password and for each Incentive Application submitted using your password.
Failure to meet any of the requirements of these Procedures or take appropriate action to resolve a non-conforming item(s) identified will result in delays and/or loss of the incentive payment.
The information required on each incentive application will be specific to the program the Participating Trade Professional is taking part in, but is expected to include (at a minimum) :
1. Customer Name
3. Customer Address
5. Customer email
6. Single Family or Multifamily property
a. If Single Family home: if the Customer is on a CARE rate b. If Multifamily Property: if it is an affordable property
7. Water heater or Heat Pump manufacturer and model
8. Photo of previously installed water heater or furnace
9. Photo of installed Heat Pump Water Heater or Heat Pump
10. Total project cost
11. Project invoice number
15 12. Installation date
Participating Trade Professional is responsible for supplying accurate customer information when submitting applications or having applications submitted on your behalf by the Program Implementer.
Additional details on Quality Control and Quality Assurance Protocols The following requirements will need be verified as part of an Incentive Application review and approval process:
1. The equipment was installed for a Qualifying Customer
2. The equipment installed is Qualifying Equipment
3. The equipment replaced an existing water heater or furnace
4. The Qualifying Equipment is installed in good working order The sections below detail how each of the above requirements are verified:
The Program requires that the Qualifying Equipment is installed for a Qualifying Customer only and that the Qualifying Equipment is installed in place of an existing water heater or furnace, or has controls installed that prevent furnace from operating as the main heating source. The Program requires that the Qualifying Equipment is installed in working order. The Program requires the Application to contain information that allows for the Program team to verify that these requirements are met.
The Participating Trade Professional will review the Qualified Products List and will have to choose from among the Qualifying Equipment on the list to submit as part of an Incentive Application. Any product listed on the Qualified Product List is considered a Qualifying Equipment. If the Participating Trade Professional submits an Incentive Application for a model not listed on the Qualified Product List, it is the responsibility of the Participating Trade Professional to provide technical documents clearly showing that the equipment meets the specifications outlined in the definition of Qualifying Equipment; the final determination will be made by Energy Solutions in its sole discretion.
The Participating Trade Professional will have to provide pictures of the equipment on site prior to the retrofit clearly showing the previously installed equipment manufacturer, model number and any other components that would show the pre-existing fuel type such as existing gas hookup. The Program Team will review the photos to verify that Qualifying Equipment was installed to replace an existing water heater or furnace. If the model number on the pre- installed equipment is not legible, the Participating Trade Professional will take effort in good faith to capture photos needed to verify the fuel type of the previously installed equipment.
The Program will confirm that the Qualifying Equipment installed matches what was submitted on the Incentive Application by reviewing the photos of the installed equipment provided by the Participating Trade Professional, which will be required to clearly show the equipment nameplate.
16 If all the requirements listed above are verified, the Incentive Application will be approved and the Incentive payment will be provided to the Participating Trade Professional assuming availability of funds.
17 Exhibit B
TECH Participating Trade Professional Agreement to Customer
TECH Program Terms and Conditions
Qualifying Equipment: Only Qualifying Equipment is eligible to receive Incentives.
Qualifying Equipment is limited to those listed at http://www.energy-solution.com/tech.
Program Funding: This Program is funded by funded by California gas corporation ratepayers under the auspices of the California Public Utilities Commission (“CPUC”) and administered by Southern California Edison (“SCE”) under the oversight of the CPUC. Total Program incentive funding is set at $72,619,351 and is available on a first-come, first-served basis until the funding is depleted or the Program is terminated.
Cancellation policy, requirements, process, and any applicable fees: There are no applicable fees for participating in the TECH Program, however, Energy Solutions reserves the right to terminate Agreements with installing Participating Trade Professional for any reason or for no reason in its sole discretion. This may result in cancellation of incentives.
Risks and Benefits of Participation: There are no guaranteed benefits for participating in the TECH Program. Incentives are available on a first come first serve basis and can significantly reduce upfront costs of installations. Installing Qualifying Equipment does not guarantee a certain amount of energy or gas savings. The Program will not assume liability for any unpaid incentives, which may present a risk to the installing Participating Trade Professional and customer. As part of this agreement, customer acknowledges all risks associated with participating in the TECH initiative.
Disclosure: Installing Participating Trade Professional and Energy Solutions or other third parties associated with the TECH Initiative program is not a representative of Edison or any Gas Corporation or otherwise affiliated with Edison or any Gas Corporation.
Installation Requirements: The Program requires that the Qualifying Equipment is installed for a Qualifying Customer only and that the Qualifying Equipment is installed in place of an existing water heater or furnace, or has controls installed that prevent furnace from operating as the main heating source.
Quality Assurance and Quality Controls Protocols: All applications will be subject to automated and manual protocols designed by Energy Solutions to evaluate that equipment and customers are eligible to receive program funding, that equipment replaced an existing system and equipment is in good working order. These processes will be used to identify fraudulent activities and ensure no fraudulent data is submitted in applications.
Inspections, Verification, and Evaluation: The installation of equipment will be subject to verification and metering by Energy Solutions and its representatives and the program evaluator, as approved by CPUC . Verification and Evaluation (including onsite inspections at
18 customer address), and meter ing may be performed per Energy Solutions requirements on all equipment listed, or a select portion of the equipment. Evaluation activities may include surveys and interviews of contractors and homeowners/occupants to understand equipment performance and t he program experience. The installation of equipment will be subject to verification by Energy Solutions and its representatives and the program evaluator, as approved by CPUC. Verification (including onsite inspections at customer address) may be performed per Energy Solutions requirements on all equipment listed, or a select portion of the equipment.
Notice: California Consumers are not obligated to purchase any full fee service or other service not funded by the TECH initiative. This program is funded by California gas corporation ratepayers and administered by Southern California Edison Company under the auspices of the California Public Utilities Commission. Any data related to this program, including any customer data, will be shared with authorized entities, including but not limited to, policy makers, program implementers, and the program evaluator under confidentiality protocols. Customer data includes (a) any data collected via incentive applications, (b) any data collected from incentivized equipment, either obtained directly from the manufacturer or from other authorized entities by Energy Solutions, Program Evaluator, or other authorized entities approved by CPUC, and (c) meter-based gas consumption and electricity consumption data collected by a customer’s utility prior to and following installation of incentivized equipment . As this data will not be made public and will follow the confidentiality rules and protocols established by the CPUC in prior proceedings, it does not require individual customer permission. 9 Attachment 1
Safe Work Plan
449 15th Street, Oakland, CA 94612 510.482.4420 www.energy ‐solution.com
COVID 19 Safe Work Plan
In this shared journey through the COVID‐19 global pandemic, Energy Solutions is committed to doing everything in our power to ensure the health and safety of our employees, our Clients, program participants, and our communities at large while continuing to provide the highest possible continued level of service for our programs.
Energy Solutions continues to support staff who choose to work remotely from home until further notice as our leadership team monitors and evaluates the regional and local situations where our staff are located. Energy Solutions currently supports limited work in our office facilities for vaccinated staff who have requested to work onsite due to extenuating circumstances. Occupancy in our offices is strictly limited and closely monitored. We are monitoring Client guidelines and adhering to local public health directives to above all ensure employee, program, and market participant safety.
Energy Solutions upper management has approved a limited list of in‐person work activities for vaccinated employees that project teams have prioritized. All work completed in the field is completely voluntary and Energy Solutions encourages its employees to consider that viral transmission is highly correlated with duration of contact, the number of people in attendance, and the quality of ventilation of indoor meeting areas. Outdoor meetings are preferred, and proper ventilation should be considered for indoor meetings. We recommend that staff schedule meetings to be as brief as possible, preferably under 30 minutes and strongly advise that they are less than one hour long, and that participants remain as few as possible, preferably no more than two attendees while. Per our protocols, ES requires that Kn95 or N95 masks be worn at all times during indoor meetings and that a social distance be maintained.
All in‐person work is closely tracked by HR and the Operations teams. Energy Solutions staff and their vendors and subcontractors, hereinafter referred to as Contractors, who conduct in‐person work must follow the guidelines below.
1. Daily worker temperature check, health screening, and monitoring In the event that Clients request Energy Solutions staff or Energy Solutions subcontractors and vendors to visit a site facility, and local and state mandates allow it, and Energy Solutions leadership have deemed it safe to do so, Energy Solutions vaccinated staff and Contractors will abide a general health check before reporting to any Client facility or Client customer site.
Energy Solutions staff and Contractors will ask themselves the following questions:
Have you been in close contact with people exposed to or diagnosed with COVID19 within the past 14 days? *
Close contact is defined as being within approximately 6 feet (2 meters) for a prolonged period; or b) having unprotected direct contact with infectious secretions or excretions of the individual (e.g., being coughed on, sneezed on, or contacting shared surfaces).
449 15th Street, Oakland, CA 94612 510.482.4420 www.energy ‐solution.com Have you experienced any cold or flu‐like symptoms in the last 14 days? * This includes fever; abdominal discomfort (nausea or diarrhea); cough, sore throat or runny nose (not attributable to normal sinus or allergies); respiratory illness; or difficulty breathing/shortness of breath.
If the responds “yes” to any of the above criteria, Energy Solutions staff and/or Contractor will not report to any Client facility or customer site.
Energy Solutions has internal processes in place by which any symptomatic staff person will communicate with our Human Resources team. If an employee has been diagnosed with COVID‐19 or has been in close contact with someone diagnosed with https://www.contractingbusiness.com/refrigeration/doe‐compliance‐day‐approaches‐walk‐ coolers‐and‐freezers COVID‐19 and has worked closely with any Client employee or customer in the past 14 days, Energy Solutions will provide notice.
As noted in our Contractor COVID Notice, Contractors must notify their Energy Solutions Project Manager if any of its employees have reported a suspected or known exposure to COVID‐19 and have come in personal contact with Energy Solution staff or Prime Clients.
Energy Solutions Project Managers must report this information internally to their Director and the Director Business Operations, and will provide notice externally to Clients.
2. Workplace social distancing and hygiene protocols
Energy Solutions has instructed all staff and Contractors to follow WHO recommended protocols for social distancing and hygiene practices for hand‐washing. Our staff have been directed to work remote until further notice. For those select individuals who are requested to report to Client facilities, Energy Solutions will allow only vaccinated employees socially distanced visits to sites as long as staff and Contractors can maintain a distance of 6’ from each other and have the ability to wash their hands.
Anyone experiencing COVID‐19 related symptoms (i.e. fever, cough, shortness of breath, diarrhea, loss of smell or taste), or who has prolonged exposure to someone that has tested positive, will not attempt to enter any Client Location, or report to any Client work site.
In accordance with WHO guidelines, all staff and Contractors are directed to maintain a distance of 6’ from other persons.
Staff and Contractors are instructed to wash their hands after being exposed to public areas often, with soap, for 20 seconds at a time, and refrain from touching their face as much as possible. Energy Solutions has developed protocols for our office spaces that align with suggested workspace modifications changes, including shift rotations to reduce density by more than half to support social distancing at work, implement uni‐directional paths in the office to prevent cross‐paths, and maintaining rigorous disinfecting routines of commonly touched surfaces.
3. Mandatory use of masks and other necessary PPE
In accordance with local and state ordinances, Energy Solutions supports requiring N95 or KN95 masks in indoor spaces even when staff are socially distanced and vaccinated. Staff and Contractors will be instructed to wear N95 or K95 masks when in public areas while traveling to work sites, and while in our office facilities, in addition to maintaining 6’ of distance from other individuals at all times. 449 15th Street, Oakland, CA 94612 510.482.4420 www.energy ‐solution.com Energy Solutions will provide disposable KN95 masks at each of our offices for staff who require them. For remote staff who travel to Client sites, Energy Solutions will ship KN95 masks in advance of those visits.
Energy Solutions staff and Contractors will dispose of masks after each visit.
4. Vehicle usage protocols
Energy Solutions directs staff members and Contractors who travel to our office facilities or Client sites to do so using personal auto transportation and avoiding air travel and mass transit.
Staff and/or Contractors who travel to and from Client sites shall only do so using personal auto transportation and will avoid air travel and mass transit. Occupancy will be limited to one employee per vehicle when practical and utilize additional vehicles to travel to field locations if necessary. When it is not possible to limit vehicle usage to one employee, Energy Solutions staff and/or Contractors are instructed to sit on opposite sides of the vehicle from the driver and any other passengers.
Energy Solutions staff and/or Contractor will void using the recirculated air option for the car’s ventilation during travel and will use the vehicle’s vents to bring in fresh outside air and/or lower the vehicle windows.
Energy Solutions staff and/or Contractor will wipe down commonly touched surfaces before and after touching.
5. Thorough and frequent cleaning of worksites and vehicle Energy Solutions currently supports limited work in our office facilities for staff who have requested to work onsite due to extenuating circumstances. Occupancy in our offices is strictly limited and closely monitored. Energy Solutions continues to support work from home for all employees who choose this option. Our in‐office protocols include:
Regular disinfecting routine that cleans and disinfects all commonly touched surfaces Hand washing and sanitizing stations
Requiring KN95 or N95 masks in indoor spaces even when socially distanced Daily check in requirements
Energy Solutions staff and/or Contractors who travel to Client facilities and customer sites will do so using personal auto transportation and will be instructed to wash their hands upon arrival to prevent the spread of pathogens that may be harbored on said vehicle.
Revision History
Version Date Who What Approved By
1 2020‐06‐23 Claire
Connors
Document creation as part of initial
response
Chris Burmester,
Jamillah Spears
2 2020‐09‐24 Claire
Connors
Updates to include Management pre‐
approvals for in person activities and
related processes
Chris Burmester,
Jamillah Spears
449 15th Street, Oakland, CA 94612 510.482.4420 www.energy ‐solution.com 3 2021‐02‐01 Claire
Connors
Additional guidance on impact of
ventilation, duration, number of attendees,
social distance, and masks on virus
transmission and dosage
Chris Burmester,
Jamillah Spears
4 2021‐09‐13 Jamillah
Spears
Included the word Vaccinated throughout
document and identified Director,
Business Operations for point of contact
for clients
Jamillah Spears
014937.0001\1186883.4
EXHIBIT A:
QUICK START GRANT SCOPE OF
WORK
This Scope of Work, made effective as of [February 1, 2023] (“Effective Date”), is issued under the Quick Start Grant Participation Agreement issued by Cohen Ventures, Inc. DBA Energy Solutions, a California corporation (“Energy Solutions”), and executed by the City of Sacramento, a charter city and municipal corporation (“Quick Start Grant Recipient”), dated [February 1, 2023 (“Agreement”). This Scope of Work is incorporated into the Agreement by reference. Capitalized terms not otherwise defined herein shall have the meanings given to them in the Agreement.
Project Information
Project Name: City of Sacramento, Sacramento Housing Anti-displacement and Energy Equity Pilot
TECH Project Coordinators: Madison Corbeil, Energy Solutions Desmond Kirwan, Vermont Energy Investment
Corporation (“VEIC”)
Scope of Work Description
The Sacramento Housing Anti-displacement and Energy Equity Pilot will advance the market for heat pump space and water heating by completing heat pump installations, home repairs, and other electrification and energy efficiency retrofits for at least 25 low-income single-family homeowners in four zip codes surrounding a newly planned university campus development expansion (Aggie Square), in conjunction with the City of Sacramento’s anti-displacement and home rehabilitation program to ensure housing stability and affordability for low-income homeowners amidst increased housing market demands. Outreach for this program will include direct communication with low-income customers already enrolled in SMUD’s Energy Assistance Program Rates (EAPR), as well as multi-lingual outreach to other low-income homeowners in the area who are eligible but not yet connected to EAPR.
The Sacramento Housing Anti-displacement and Energy Equity Pilot will evaluate new, transformative project partnership approaches to accelerate equitable home electrification for low-income homeowners with heat pumps, through local government, community-based organizations, and utility partnerships.
Task 1: Reporting, Invoicing & Coordination
The TECH California QSG team will host a group meeting with all grantees early February 2023. The Quick Start Grant Recipient will attend this group meeting that will also launch the peer exchange activities described in task 3. During this meeting, the procedures, requirements for reporting and invoicing for the Quick Start Grant Recipient will be reviewed, as well as TECH’s reporting responsibilities to the California Public Utilities Commission (“CPUC”).
Following pilot kickoff, the Quick Start Grant Recipient will host monthly meetings, with the TECH Project Coordinators to facilitate coordination within TECH workstreams, discuss Project findings and recommendations, and make strategic adjustments throughout the Project. Additional meetings may be requested by the TECH Project Coordinators as needed. The Quick Start Grant Recipient will also provide brief monthly updates to the TECH Project Coordinators in preparation for and during these monthly meetings.
The Quick Start Grant Recipient will demonstrate successful completion of each milestone for payment, as described in the Tasks and Billing Schedule below and will submit documentation of milestone achievement with their invoice. The TECH Project Coordinators will provide a template for invoicing and reporting. Any changes to milestones or deadlines will be mutually agreed upon between the TECH Project Coordinators and the Quick Start Grant Recipient via email. Tracking toward project key performance indicators (“KPIs”) and cost sharing, as described in Quick Start Grant Key Performance Indicators, will also be reported with milestone invoices. Demonstration of milestones will occur at least four (4) weeks prior to anticipated payment or at a date mutually agreed upon by the Quick Start Grant Recipient and the TECH Project Coordinators.
The Quick Start Grant Recipient will prepare a Final Report in the form of a slide deck to be presented during a webinar. This final report will at a minimum summarize the Project approach and lessons learned through the pilot phase, evaluate the Project against the proposed KPIs, provide high-level recommendations for future work, and identify strategies to scale the Project.
A draft of the slide deck will be provided to the TECH Project Coordinators at least one (1) month before the Project conclusion for input. The final version will be completed before the end of the contract.
Task 1 Activities
Host kickoff meeting
Hold monthly meetings with TECH Project Coordinators
Hold ad hoc meetings as needed throughout the project term Provide monthly updates to TECH Project Coordinators
Submit documentation of milestone achievement with invoices Final report in the form of a slide deck and associated webinar presentation
Task 1 Deliverables
Kickoff meeting
Monthly updates
Milestone reporting
Final report in the form of a slide deck
Task 2 – Evaluation, Monitoring and Learning
Within one (1) month of contract execution, the Quick Start Grant Recipient will finalize an Evaluation Monitoring and Learning strategy to meet the learning goals of the Quick Start Grant.
Task 2 - Deliverables
Finalized monitoring, evaluation and learning strategy Final report as outlined in the monitoring, evaluation and learning strategy
Task 3 – Peer Exchange
VEIC will bring all Quick Start Grant Projects together on a quarterly basis for a 2-hour virtual meeting. The Quick Start Grant recipient will make its best effort to attend all quarterly meetings. The Quick Start Grant recipient may be asked to:
Propose agenda items for the quarterly meetings
Present on its Project and associated challenges and results during these events.
Task 4 – Recruitment and Education
The City will share educational materials with homeowners residing in the Stockton Boulevard project area, including zipcodes 95817, 95820, 95824, 95828, through various community outreach teams. In addition to field outreach, outreach will be conducted to low-income homeowners within the project area that are already enrolled in SMUD’s Energy Assistance Program Rates (EAPR), as well as multi-lingual outreach to other low-income homeowners in the area who are eligible but not yet connected to EAPR.
SMUD and the City will work collaboratively on this task, using EAPR data, and in conjunction with homeowner outreach led by the City’s home rehabilitation contractor. The team will develop outreach content to share with potential program participants. Materials and outreach methods will include contact by email, direct email, and phone calls. SMUD contractors would lead preparation of the outreach materials and support on outreach. To conduct outreach and education, contractor(s) and/or SMUD Energy Specialists may discuss the program with customers, explain benefits, perform virtual audits and in-home assessments, explain heat pump technology, and undertake similar strategies. The project team will also work with the City’s Community Ambassadors and local community partners to conduct targeted outreach out to their cultural groups and stakeholders, using culturally appropriate methods and in-language communications to reach priority community groups.
Recruitment will prioritize Sacramento’s traditionally lower-income and diverse communities in the Stockton Boulevard area. The project area includes a range of ethnic and language communities and communities of color and population groups, including Vietnamese and South- east Asian, African American, Hispanic, and more.
In addition, to assist with targeted outreach, SMUD will evaluate which customers in the area may have a high energy-cost burden, insufficient or inefficient home cooling systems, and/or other indicators of high potential benefit from heat pump installations.
Task 4 Activities
Development and distribution of multi-lingual program flyer and resource materials by 3 community-based organizations, up to five community ambassadors (identified trusted residents) within the community, and project team. Distribution team will include a range of culturally competent individuals to expand and deepen program reach. Identification of low-income households and candidate households within project area already in EAPR and those who qualify but are not yet enrolled, as well as other low- income households that may have other indicator of potential benefit from heat pump installations
Through program outreach, education of potential participants in the program area on climate change impacts, monitoring energy usage, energy efficiency, and the benefits of electrification
Task 4 Deliverables
Program outreach materials
List and summary of a minimum of 20 and up to 25 eligible households selected for electrification retrofits by area
Documentation of electrification outreach and education to a minimum of 30 homes in the area about heat pump technology, which may include sample outreach documents, a summary of communicated information, and feedback obtained. The documentation may include homeowner consent of education or discussion with City or SMUD representatives, homeowner responses to outreach intake questions on electrification and energy efficiency, and a generalized map of areas where outreach is conducted. Where feasible based on homeowner responsiveness, the City and SMUD will also document barriers to program participation, information gaps, and any homeowner concerns influencing participation.
Task 5- Retrofits
The subcontractor will procure the heat pumps and complete installations in a minimum of 20 selected homes, with a goal of installing in 25 homes if possible, with the project budget and complementary resources.
SMUD’s outreach team will provide materials to educate the program participants on heat pump benefits and operations, as well as general energy efficiency measures and strategies. In addition, the City and SMUD with their partners will implement weatherization, home rehabilitation, and complementary program investments as applicable/needed at participating homes.
Task 5 Activities
Heat pump procurement
Home rehab and electrification retrofits with subcontractor and project partners, including heat pump HVAC and HPWH installation
Task 5 Deliverables
Summary report of project scopes and measure costs, with pictures of aggregated participating homes by area, for a minimum of at least 20 homes and up to 25 or more homes with heat pumps, including 2 homes receiving full home electrification with complementary investments
Task 6-Evaluation
City and SMUD will evaluate project success using two methods: quantitative energy and cost- benefit information, and a qualitative survey and feedback from program participants. Using subcontractors and energy data, the team will evaluate the cost-benefits and savings data. This analysis will provide critical data to guide future electrification programs and pilots. The complementary rehabilitation approach will allow for evaluation of overall home improvements and housing stability, and program cost effectiveness when investments are leveraged simultaneously. Working with project contractors, the City and SMUD will evaluate improvements in home energy conditions, based on a survey of program participants. The project team will evaluate overall net benefits of project improvements, while accounting for and documenting the potential increase in energy use that may result improvements to under- performing or non-functional heating and cooling systems. Documenting quality of life improvements will be a priority for the project, as quality of life improvements, such as comfort and safety, are anticipated to be primary drivers of project participation, as demonstrated in recent comparable retrofit efforts in Sacramento. In addition, the project team will use a survey for all program participants to gauge quality of life impacts, solicit feedback on program approach, and identify opportunities to improve for future outreach.
Simultaneously, the City and SMUD will engage with community-based organizations and participants for feedback to guide policy development for the City’s Existing Building Electrification Strategy. Input will be used to recommend future programs to accelerate the electrification of Sacramento’s housing stock, and ensure an equity-based approach.
Task 6 Activities
Technical analysis of energy and cost-benefit metrics for a minimum of 20 participating homeowners receiving heat pumps and the goal of 25 or more households. Development and issuance of a survey mechanism for participating homeowners, with direct interviews to select homeowners
Preparation of a report that evaluates findings from the survey and technical analysis
Task 6 Deliverables
Program report summarizing home energy outcomes for participants and survey feedback, documenting energy and cost savings, program effectiveness, and other quality of life improvements. The report will include at least one electrification case study of a program participant.
PowerPoint from outreach for the Existing Building Electrification Strategy, summarizing policy approach and recommendations
Schedule
To begin as of the Effective Date and continue for 16 months, or until terminated by either Party as set forth in the Agreement.
The Quick Start Grant Recipient may request to extend the Agreement by email no later than 4 months before the end of this Agreement. Upon reception of the Quick Start Grant Recipient’s request Energy Solutions may, in its sole discretion, agree to extend the Agreement beyond the original 16 months. The total duration of this contract, including the extension option, shall not exceed 22 months.
Quick Start Grant Compensation
The Project carried out under this Scope of Work shall be billed on a fixed price basis in accordance with the billing schedule outlined in Table 1 below and pursuant to Section 7 of the Agreement.
Contractor’s total invoicing, including expenses as set forth below, under this Scope of Work shall not exceed the total Quick Start Grant amount of $350,000. TECH California Equipment incentives are not guaranteed and not included in the Quick Start Grant; TECH California incentives requested beyond this Quick Start Grant are subject to available funding.
Table 1: Billing Schedule
Fixed Price Item Amount Billing Schedule
Project Start $50,000 February 2023
Milestone 1 – Educate at least 30 homeowners per
task 4
$50,000 March 2023
Milestone 2 – Retrofit completion for first 5 homes
to install heat pumps
$50,000 May 2023
Milestone 3 – Retrofit completion for 15 additional
homes (at least 20 homes in total)
$50,000 August 2023
Milestone 4 – Retrofit completion for minimum of
5 additional homes (at least 20 homes in total with
heat pumps; with at least 2 of these homes
receiving full electrification
$100,000 November 2023
Milestone 5 - Final Presentation, with City,
SMUD, and community partners/participants
$50,000 December 2023
Total Quick Start Grant Award
$350,000
Quick Start Grant Key Performance Indicators
Table 2: Key Performance Indicators
KPI/Goal Metric Data Collection and/or Analysis Approach Increase low-income
household heat pump
adoption (space
heating/cooling, and
water heating) in
Stockton
Boulevard/Aggie Square
area within 1 year
Number of heat pump
space heating/cooling
units installed
Number of heat pump
water heaters units
installed
Contractor tracking tool
Increase in housing stock
condition/maintenance
Number of housing
units assisted with
both maintenance and
energy efficiency
installation
Housing Anti-displacement Program
tracking tool
Increase low-income
household awareness of
building electrification
technologies in Stockton
Boulevard/Aggie Square
area within 1 year
Change in awareness
and attitudes toward
heat pumps as
measured by
qualitative instruments
for the 30 households
receiving energy
education
Housing Anti-displacement Program tracking
tool and per task 6
Reduce greenhouse gas
emissions from household
energy use in Stockton
Boulevard/Aggie Square
Estimated annual
greenhouse gas
emission reductions
(metric tons of carbon
SMUD database & City GHG tools
area within 1 year dioxide equivalent,
MTCO2e) associated
with energy use of
retrofitted homes
Quick Start Grant Cost Share
Cost Share / In-Kind Source Description Amount ($)
SMUD incentives and program
rebates
Incentives for heat pumps, panel
upgrades, energy efficiency measures
(including sealing), induction stoves,
and EV circuits
$392,500
Total $392,500
Approval
THE INDIVIDUAL SIGNING BELOW ON BEHALF OF QUICK START GRANT
RECIPIENT HEREBY REPRESENTS AND WARRANTS TO ENERGY SOLUTIONS THAT
HE/SHE IS DULY AUTHORIZED TO EXECUTE THIS TASK ORDER ON BEHALF OF
QUICK START GRANT RECIPIENT AND BIND QUICK START GRANT RECIPIENT TO THE TERMS AND CONDITIONS SET FORTH ABOVE.
QUICK START GRANT RECIPIENT
______________________________________
By: MICHAEL A. JASSO
Title: Assistant City Manager
Date: January 25, 2023
COHEN VENTURES, INC.
By:
Title:
Date: