Cities Index.
Agenda, regular meeting

Campbell City Council
April 4, 2023

Document
Agenda, regular meeting
Meeting
April 4, 2023
Body
Campbell City Council
Pages
5
Original file
9.7 MB
Text extracted from the city's file for reading and search. Open the original on www.campbellca.gov. That file is the official record.

SCOPE OF WORK1 Exempt

PERMIT PROCESSES
Certificate of
Appropriateness
Historic Resource
Alteration Permits
Tier 1 Tier 2 Tier 3

17. Exterior painting of masonry surface X

18. Texture coating of existing walls X

19. Re-stuccoing (>20% of wall area, like-for-like) X

20. Replacement of siding (>20% of wall area, like-for-like) X

21. Repair of existing stucco (<20% of wall area, like-for-like) X

22. Repair of existing siding (<20% of wall area, like-for-like) X

23. New/Replacement wall cladding material
(including a variation of the existing material) X
Architectural Elements

24. Removal or alteration of existing a street-facing covered porches/patios, balconies, and chimneys X

25. Reconstruction of existing porches/patios, balconies, and chimneys for life- safety/code-compliance X

26. Construction of a new street-facing, covered porches/patios, balconies, and chimneys X

27. Removal or alteration of existing a non-street-facing covered porches/patios, balconies, and chimneys X

28. Construction of a new non-street-facing covered porches/patios, balconies, and chimneys X

29. Construction of a wall attached to the historic resource X Additions/Demolitions/Other

30. Additions to an historic resource (all sizes and locations) X

31. New basement or expansion of existing basement X

32. Removal of existing portions of structure (partial demolition) X

33. Demolition of an historic resource (including a "new dwelling using portions of the original structure") X

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Attachment: Permit Process Summary Table (2023-02-28) (Historic Preservation Ordinance Update)

Page 3 of 3 ends

SCOPE OF WORK1 Exempt

PERMIT PROCESSES
Certificate of
Appropriateness
Historic Resource
Alteration Permits
Tier 1 Tier 2 Tier 3

34. Relocation of an historic resource X

35. Any proposal denied under a Tier 1 or Tier 2 Permit X

36. Interior improvements and renovations (do not affect outward appearance) X

37. Façade restoration X

38. Any proposal otherwise subject to a development permit3 X Site Features/Accessory Buildings

39. Walls under 4-ft in height and fences under 6-ft in height (except walls physically connected to the structure) X

40. Landscaping and hardscape (pavement)4 X

41. Creation of an ADU (or JADU) from a garage X

42. Construction of a detached ADU X

43. Construction of a detached accessory structure (<120 SF) X

44. Construction of a detached accessory structure (>120 SF) X (1) The term "street-facing" will also be defined to mean the principal frontage of a structure where building does not face the street.

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Attachment: Permit Process Summary Table (2023-02-28) (Historic Preservation Ordinance Update)

MILLS ACT ELIGIBLE PROJECTS TABLE
(2023-02-28)

Page 1 of 5 ends

SCOPE OF WORK1

ELIGIBLE CATEGORIES

INELIGIBLE
Structure Integrity Architectural and/or
Historical Integrity
Roofing

1. Patch/repair roof X

2. New roof (different material) X

3. New roof (like-for-like or comparable in appearance) or restoration of original material X X

4. Alteration to building roof (ridge, dormers, gables, eyebrows, etc.) X (restoration only)

5. Repair of roof framing X

6. Repair of eaves and/or overhangs X

7. Flashing/waterproofing X

8. Installation of rooftop photovoltaic (PV) system X Windows/Doors/Awnings/Shutters

9. Replacement of exterior doors and windows (window and/or frame) X

10. Alteration of window or door opening (expansion, reduction, or closure) X (restoration only)

11. Creation of new door/window openings

12. Replacement/repair of window shutters or awnings

13. Installation or removal of window shutters or awnings X Exterior Walls (cladding/painting)

14. Entire house exterior painting (except texture coating) X

15. Touch-up paint, painting of masonry surface, etc. X

16. Re-stuccoing (like-for-like) X

17. Repair of existing stucco (like-for-like) X

18. Replacement of siding (like-for-like) X

19. Repair of existing siding (like-for-like) X

20. Repair, restore, or repoint brick (or other masonry material) X

21. New/replacement wall cladding material X
(restoration only)

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Attachment: Mills Act Eligible Projects Table (2023-02-28) (Historic Preservation Ordinance Update)

Page 2 of 5 ends

SCOPE OF WORK1

ELIGIBLE CATEGORIES

INELIGIBLE
Structure Integrity Architectural and/or
Historical Integrity

22. Pressure wash walls X
Architectural Elements

23. Repair of existing porches/patios, balconies, and chimneys X

24. Construction of a new porches/patios, balconies, and chimneys X

25. Removal/alteration of existing porches/patios, balconies, and chimneys X (restoration only)

26. New trim, brackets, corbels, etc.

27. Repair/replace trim, brackets, and corbels X

28. Construction of an attached wall X

29. Repair/replace gutters & downspouts X
Additions/Demolitions/Other

30. Building additions X

31. New basement or expansion of existing basement X

32. Existing basement (finish, provide access, repair to code) X

33. Finish attic space (convert to living area) X

34. Removal of existing (non-original) portions of structure X

35. Removal of existing (original) portions of structure X

36. Relocation of an historic resource X

37. Exterior access modification (e.g., ramp) X
Mechanical

38. New HVAC system(s) (e.g., AC, furnace, heat-pump, etc.) X

39. New venting and duct work X

40. New water heater X

41. New attic/whole-house fan X

42. HVAC system(s), water heater, fan, maintenance/repair X Electrical

43. Install new outlets, circuits, cabling, etc. X

44. "Whole house" (substantial) rewiring
(including associated panel upgrade, outlets, etc.) X

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Attachment: Mills Act Eligible Projects Table (2023-02-28) (Historic Preservation Ordinance Update)

Page 3 of 5 ends

SCOPE OF WORK1

ELIGIBLE CATEGORIES

INELIGIBLE
Structure Integrity Architectural and/or
Historical Integrity

45. Electrical service panel upgrade X

46. New service lines to detached garage (or accessory structure) X

47. Electric vehicle (EV) charger X

48. Battery storage system or generator X

49. Security lighting and/or alarm system X

50. New lighting fixtures (interior or exterior) X
Plumbing

51. "Whole house" (substantial) repiping X

52. New plumbing fixtures (sinks, tubs, faucets, etc.) X

53. General plumbing repairs (including septic system) X

54. New/repair service/supply lines (water/sewer/gas lines, clean-out, meters) X Fire Protection

55. Install fire-blocking X

56. Install fire sprinkler system X

57. Install smoke/CO2 alarms (wired or battery) X
Structural/Foundation

58. Foundation bolting, cripple-wall bracing, and related seismic work X

59. New foundation X

60. Foundation repair (slab-jacking, piering, etc.) X

61. Other seismic retrofitting (e.g., soft-story retrofit, install load-bearing beam) X

62. Replace/repair subfloor X

63. Repair or reinforce wall/ceiling framing or bracing X Site Features/Accessory Buildings

64. Walls and fences (new and/or repair) X

65. Landscaping and hardscape (new features, repair, maintenance, etc.) X

66. Maintenance of a designated 'Heritage Tree' (per CMC § 21.32.130) X

67. Creation of an ADU (or JADU) from a garage or existing living area X

68. Install/remove swimming pool X

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Attachment: Mills Act Eligible Projects Table (2023-02-28) (Historic Preservation Ordinance Update)

Page 4 of 5 ends

SCOPE OF WORK1

ELIGIBLE CATEGORIES

INELIGIBLE
Structure Integrity Architectural and/or
Historical Integrity

69. New decking or repair of existing deck X

70. Construction of a detached ADU X

71. Restoration of original "carriage house" or comparable accessory structure X

72. Construction/repair/removal of non-original accessory structures X Interior Remodel

73. New carpet X

74. Clean carpet X

75. New wood or tile floors X

76. Refinish wood floors
X
(restoration only)

77. Stairway repair

78. General carpentry work (trim, baseboards, wainscot molding, hearth tile, etc.)

79. Painting X

80. New/repair appliances X

81. Kitchen/bathroom countertops, cabinets, and general remodel X

82. Add, remove, and/or open interior walls X
Drainage/Water Protection

83. Flashing (other than roof) X

84. New/repair exterior drains X

85. Water damage repair (interior or exterior) X

86. Re-grading of property to divert water from house (including bioswale) X

87. Vapor barrier installation X

88. Install sump pump & discharge drain X
General/Other Maintenance

89. Inspect and clean chimney X

90. Removal of lead-based paint X

91. Termite treatment X

92. Blow-in insulation X

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Attachment: Mills Act Eligible Projects Table (2023-02-28) (Historic Preservation Ordinance Update)

Page 5 of 5 ends

SCOPE OF WORK1

ELIGIBLE CATEGORIES

INELIGIBLE
Structure Integrity Architectural and/or
Historical Integrity

93. Mold remediation X

94. Asbestos remediation X

95. General weatherproofing (e.g., weatherstripping, door sweeps, etc.) X

96. Radon gas prevention/remediation (exhaust stack, ventilator, etc.) X (1) All work must be consistent with the Campbell Design Guidelines for Historic Residential Buildings and The Secretary of the Interior's Standards for the Treatment of Historic Properties

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Attachment: Mills Act Eligible Projects Table (2023-02-28) (Historic Preservation Ordinance Update)

City
Council
Report

TITLE: Authorization for the City Manager to Execute Two Grant Agreements with Silicon Valley Clean Energy (SVCE) for the Community Energy Resilience Program and Communi ty
Decarbonization Demonstration Program, in the Amounts of $197,972 and $500,000 (Respectively) for the Campbell Police Operations Building (Project No. 23 -RR) and Campbell Library Renovations (Project No. 23-SS) (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing the City Manager to execute two Silicon Valley Clean Energy (SVCE) Grant Agreements for the Community Energy Resilience Program and Community Decarbonization Demonstration Program, in the amounts of $197,972 and $500,000 (respectively), for the Campbell Police Operations Building (Project No. 23-RR) and Campbell Library Renovations (Project No. 23-SS).

BACKGROUND

Silicon Valley Clean Energy (SVCE) is a Joint Power Authority (JPA) that provides clean electricity and resources to residents and businesses operating throughout the thirteen towns and cities in Santa Clara County – including the City of Campbell. Over the years, the organization has offered several grant programs to support local agenci es in their efforts to implement renewable energy projects that promote long-term energy and cost savings. Most of these programs require an agency to apply for funding via a grant application process, which in turn, is evaluated by SVCE for eligibility. For those agencies whose project(s) do qualify, SVCE provides a grant funding agreement to be used on the development and implementation of the related project. Recently, the City of Campbell has received funding from two separate SVCE Community Grant programs for the implementation of energy -efficient features into the scope of work for both Measure O Projects (Police Operations Building Project, No. 23 -RR and Library Renovations Project, No. 23-SS).

The first grant, known as the Community Energy Resil ience Program, was introduced by SVCE in 2021 and is intended to support critical facilities and/or community services during a power outage by enabling self -sufficient access to power during an outage and decreasing the risk of power outages by way of zer o carbon emissions. Energy resilience is defined as the ability to mitigate, withstand, or recover quickly from disruptions in the availability of energy via a centralized energy infrastructure. In Item: 12
Category: NEW BUSINESS
Meeting Date: April 4, 2023
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SVCE Grant Agreements Page 2 of 4
addition, SVCE has identified two project types that are e ligible, by default: 1) solar/storage systems designed to increase energy resilience; and 2) portable battery systems used to support critical services or support vulnerable communities (such as medically fragile customers) during a power outage.

In 2022, SVCE introduced the second grant known as the Community Decarbonization Demonstration Program. This grant was intended to support the electrification of public/community buildings, schools, and existing affordable housing complexes.

Additionally, SVCE stipulated that grant funds from its Community Decarbonization Demonstration Program were to be used for capital investment(s) on one of the following project types: 1) electrification of some (or all) of an existing public/community building; 2) construct ion of a new building/facility/center designed to demonstrate building electrification; or 3) installation of renewable energy generation and energy storage on site at an affordable housing development. Unlike the Community Energy Resilience Program, this program would be awarded through a competitive grant application process – with agencies competing for funds to support the electrification efforts of their local projects meeting such qualifications.

DISCUSSION

Community Energy Resilience Program

The Community Energy Resilience Program is a non -competitive grant that is open to all member agencies under the jurisdiction of SVCE. Member agencies were presented with the opportunity to apply for an allocation of funding that would be used on the planning and development costs for qualifying projects. If a project qualifies for such funds, the maximum amounts awarded to an agency are based on their proportion of electrical usage (load) as determined by SVCE. As a member agency of SVCE, the City of Campb ell applied for the program with a request of funding to be used on the planning and development of energy -resilient improvement features and associated costs to be implemented on a City facility. Shortly thereafter, the City was notified that it had been allocated $237,566 in funding from SVCE; with the allocation to be used on an energy-resilient improvement project.

Upon learning of this program and allocation, several sites were evaluated for improvements that met the program’s objectives and remained within budget (of the amount allocated) for their associated planning and/or implementation costs. In the end, the Police Operations Building Project, No. 23 -RR, was determined to be the most appropriate site based on the level of critical services the P olice Operations Building provides to members of the community and the need to ensure operations are always maintained and available on both a daily and emergency basis. As such, the allocation of SVCE funds was subsequently broken down into two sub -categories:

Planning/Design ($39,594) and Capital Improvements ($197,972). The planning and design funds ($39,594) were allocated to the evaluation and assessment of various sites (to help identify a qualifying project) and paid to a third -party consultant thr ough SVCE. With the recommendation of the Police Operations Building site, the Capital 12 Packet Pg. 130
SVCE Grant Agreements Page 3 of 4
Improvement funds ($197,972) will be fully allocated to the project (see Attachment B).

These funds will contribute to the installation of a stand -alone (off-grid) electric vehicle charging station at the new Police Operations Building that will also be used to keep the Mobile EOC vehicle charged when not in use. The funding allocation will be updated in the City’s Proposed 2024-2028 Capital Improvement Program for the Police Operations Building Project, No. 23-RR.

Community Decarbonization Demonstration Program

On November 4, 2022, the City applied to SVCE’s Community Decarbonization Demonstration Program with a request for funds that would be used for the Campbell Library Renovation s Project, No. 23 -SS. On February 8, 2023, the SVCE Board of Directors approved Campbell’s grant application with a n award of $500,000 in grant funds (see Attachment C). This grant will contribute to the electrification efforts of the project, including the two rooftop air handling units, two new air source heat pumps, and all the associated infrastructure and support systems. The building’s existing electrical service system will also be upgraded to handle the additional electrical load. Ultimately, these upgrades will terminate the building’s dependence on fossil fue ls by eliminating the need to use gas as an energy source. In addition to these environmental benefits, the electrification of a building this large with significant import ance to the community will demonstrate the possibilities of electrification technology and its contributions to a greener future.

Should Council authorize the acceptance of the Community Decarbonization Demonstration Program grant, the electrical featur es outlined in the scope of work approved by SVCE will also be incorporated into the project’s plans and specifications.

In addition, the project’s budget will also be adjusted accordingly. The change will be reflected in the City’s Proposed 2024-2028 Capital Improvement Program for the Library Renovations Project, No. 23-SS.

At this time, staff is requesting Council’s authorization to execute the grant agreements for the SVCE Community Energy Resilience Program and Community Decarbonization Demonstration Program, in the amounts of $197,972 and $500,000 (respectively), for use on energy-efficient improvement features of each Measure O Project as outlined in the program objectives of the grants awarded.

FISCAL IMPACT

With SVCE funding contributing to ea ch Measure O Project, staff will ensure that the cost related to their scope of work meet the objectives of each program for which the grant was awarded. The allocation of these funds will be reflected in the City’s Proposed 2024-2028 Capital Improvement Program for the Measure O Projects.

ALTERNATIVES

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SVCE Grant Agreements Page 4 of 4
Do not accept the SVCE grant funds and proceed with improvements based on availability of existing funds applicable to each Measure O Project.

Prepared by:

Abdulla Ahmed, Sr. Project Manager

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Angelique Gaeta, Assistant City
Manager

Attachment:
a. Resolution
b. SVCE Community Resilience Agreement- PD
c. SVCE Community Decarbonization Agreement- Library
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RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE

CITY MANAGER TO EXECUTE TWO GRANT AGREEMENTS WITH SILICON VALLEY

CLEAN ENERGY (SVCE) FOR THE COMMUNITY ENERGY RESILIENCE PROGRAM

AND COMMUNITY DECARBONIZATION DEMONSTRATION PROGRAM, IN THE AMOUNTS OF $197,972 AND $500,000 (RESPECTIVELY), FOR THE CAMPBELL POLICE OPERATIONS BUILDING (PROJECT NO. 23-RR) AND CAMPBELL LIBRARY RENOVATIONS (PROJECT NO. 23-SS)

WHEREAS, Silicon Valley Clean Energy (SVCE) is a Joint Power Authority (JPA) that provides clean electricity to residents and businesses located throughout Santa Clara County , including programs to aid local agencies in the development and impleme ntation of renewable energy projects; and

WHEREAS, in 2021, SVCE introduced a non-competitive grant, known as the Community Energy Resilience Program, to all member agencies with qualifying projects that implement ed improvements to support critical facilities and/or community services during a power outage (i.e., systems with self -sufficient access to a backup power source and/or upgrading to systems with zero carbon emissions to lower the risk of an outage); and

WHEREAS, the City of Campbell applied for the Community Energy Resilience Program, and was subsequently allocated $237,566 in grant funds by SVCE for use on an energy-resilient project; and

WHEREAS, upon learning of this allocation , several sites were evaluated fo r improvements and the Police Operations Building (Project No. 23-RR) was determined to be the most appropriate site based on the level of critical services it provides to members of the community, and the need to ensure operations are always maintained and available on both a daily and emergency basis; and

WHEREAS, the allocation of SVCE funds was subsequently broken down into two sub-categories:

Planning/Design ($39,594) and Capital Improvements ($197,972); and

WHEREAS, the planning and design funds ($39,594) were allocated to the evaluation of various sites (to help identify a qualifying project) and paid to a third-party consultant through SVCE; and

WHEREAS, with the recommendation of the Police Building project, the Capital Improvement funds ($197,972) will be fully allocated to the project and contribute toward the installation of a stand - alone (off -grid) electric vehicle charging station that will also be used to keep the Mobile EOC vehicle charged when not in use; and

WHEREAS, in 2022, SVCE’s member agencies were invited to apply for a separate, competitive grant known as the Community Decarbonization Demonstration Program, with funding awarded based on qualifying projects that support the electrification of public/community buildings, schools, and existing affordable housing complexes; and

WHEREAS, on November 4, 2022, the City of Campbell applied to the Community Decarbonization Demonstration Program for funding to be used on electrification improvements of the Library Renovations project (Project No. 23-SS); and

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Attachment: Resolution (SVCE Grant Agreements)

WHEREAS, on February 8, 2023, the SVCE’s Board of Directors approved the City’s grant application for the Library project and awarded $500,000 in funds for improvements that include two rooftop air handling units, two new air source heat pumps, and all the associated infrastructure and support systems; and

WHEREAS, should the Council authorize the Decarbonization Grant Agreement, the project budget will be adjusted accordingly, and the electrical features outlined in the scope of work approved by SVCE will also be incorporated into the project’s plans and specifications; and

WHEREAS, with SVCE funding contributing to each Measure O Project, staff will ensure that the cost related to their scope of work meet the objectives for the program in which the grant was awarded; and

WHEREAS, allocation of these funds will be reflected in the proposed FY 2024 CIP Budget for the Measure O Projects; and

WHEREAS, staff is requesting Council’s authorization to execute the grant agreements for SVCE’s Community Energy Resilience Program and Community Decarbonization Demonstration Program, in the amounts of $197,972 and $500,000 (respectively), for use on energy-efficient improvement features of each Measure O project as outlined in the program objectives of the grant agreements.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Campbell hereby authorizes the City Manager, or his designee, to execute two Silicon Valley Clean Energy (SVCE) Grant Agreements on behalf of the Community Energy Resilience Program and Community Decarbonization Demonstration Program, in the amounts of $197,972 and $500,000 (respectively), for the Campbell Police Operations Building (Project No. 23 -RR) and Campbell Library Renovations (Project No. 23-SS); and

BE IT FURTHER RESOLVED that the Council of the City of Campbell hereby certifies that:

1. Each project will comply with all applicable laws and regulations, including (but not limited to) the California Environmental Quality Act (CEQA), applicable building codes, applicable health and safety codes, the California Labor Code, and applicable accessibility laws; and

2. All required permits shall be obtained prior to commencement of the project(s).

PASSED AND ADOPTED this 4th day of April 2023, by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

APPROVED:

_________________________________
Anne Bybee, Mayor

ATTEST:

___________________________

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Attachment: Resolution (SVCE Grant Agreements)

Andrea Sanders, City Clerk

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Attachment: Resolution (SVCE Grant Agreements)

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12955-0001\2487827v1.doc

SILICON VALLEY CLEAN ENERGY
COMMUNITY RESILIENCE PROGRAM – CAPITAL

PROJECTS GRANT AGREEMENT

THIS AGREEMENT is made and effective as of _________, 2023 (“Effective Date”), by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY ("SVCE"), an independent public agency, and the City of Campbell, a Municipal Corporation (“Recipient”). In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:

1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:

A. SVCE’s community resilience program (“Program”) will provide $5M in grants to member jurisdictions to plan and develop resilience projects. The grant maximum for each jurisdiction is based on proportion of load as determined by SVCE.

B. As a condition of eligibility to receive funding under the Program, projects must:
(1) support a critical facility and/or provide community services during a power outage; (2) enable self-sufficient access to power during an outage, or decrease the risk of power outages; and (3) be zero carbon.

C. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for installation of energy resilience infrastructure (“Project”).

The scope and estimated budget for the Project are attached hereto and incorporated herein as Exhibit B.

D. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement.

2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $197,972, subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant amount established herein.

3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:

A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.

B. Requests for payment submitted to SVCE shall include: 1) an itemized list of all expenditures; 2) supporting documentation that clearly identifies the expenditure(s) in relation to the scope of the Project set forth in Exhibit B of this Agreement; and 3) the Job Impacts Data

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Attachment: SVCE Community Resilience Agreement- PD (SVCE Grant Agreements)

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12955-0001\2487827v1.doc

Collection Worksheet, attached hereto as Exhibit C. Payment requests should be aggregated and submitted no more often than once per month.

C. SVCE shall process requests for payment and remit payment within 30 days.

D. If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the Agreement between the Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement.

E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.

F. Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE.

4. USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibits A and B. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE. This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A and Exhibit B. Any substantive deviation during Project implementation may require reevaluation or result in loss of funding. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project.

5. TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Projects must be complete no later than December 31, 2023.

6. REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program.

Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data

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Attachment: SVCE Community Resilience Agreement- PD (SVCE Grant Agreements)

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12955-0001\2487827v1.doc

collected from facility-owned submetering, and collection of supplementary metered data on- site. All information collected will be held confidentially and will be used by SVCE or its authorized representative for Program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the Project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require.

7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section.

8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California Public Works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient’s subcontractors also comply with all applicable public works/prevailing wage requirements.

9. PROCUREMENT. At minimum, Recipient shall solicit at least three bids and select the lowest bidder when procuring goods or services, where the costs are eligible for reimbursement under this Agreement. In the event the Recipient is required by statute or policy to solicit additional bids or follow a more stringent solicitation process, Recipient shall follow such process. Recipient may also procure goods and services through California Government Code section 4217.10.

10. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 6250 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made. Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure.

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11. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:

SVCE: Silicon Valley Clean Energy Authority
333 W. El Camino Real #330
Sunnyvale, CA 94087
Attention: Jessica Cornejo, Senior Program Specialist

RECIPIENT: City of Campbell
Public Works Department
70 North First Street
Campbell, CA 95008
Attention: Abdulla Ahmed, Senior Public Works Project Manager

12. INDEPENDENT CONTRACTOR.

A. Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE. Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner.

B. No employee benefits shall be available to Recipient in connection with the performance of this Agreement. Except for the fees paid to Recipient as provided in the Agreement, SVCE shall not pay salaries, wages, or other compensation to Recipient for performing services hereunder for SVCE. SVCE shall not be liable for compensation or indemnification to Recipient for injury or sickness arising out of performing services hereunder.

13. INDEMNIFICATION. Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement.

14. INSURANCE.

A. On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements in this Section. Recipient shall maintain such coverage in full force at all times for the duration of this

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Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement.

B. Recipient shall maintain the following minimum insurance coverages:
1) Workers’ compensation, as required by the State of California; 2) Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. ISO occurrence Form CG 0001 or equivalent is required;
3) Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.

C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE.

D. The insurance limits required by SVCE are not represented as being sufficient to protect Consultant. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.

15. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement.

16. NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate.

17. NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.

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18. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE.

19. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.

20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California.

21. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.

22. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

23. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound.

24. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.

25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

SILICON VALLEY CLEAN ENERGY AUTHORITY

_____________________________________
Girish Balachandran, Chief Executive Officer

APPROVED AS TO FORM:

________________________________
Trisha Ortiz, General Counsel

[COMPANY]

By: _____________________________
Name:

Title:

By: _____________________________
Name:

Title:

[*Note: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairperson of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of City Manager is required for cities.]

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EXHIBIT A

City of Campbell – Grant Application

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EXHIBIT B
Scope of Work

As described in the ‘Resilience Benefits’ section from the Grant Application (Exhibit A):

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EXHIBIT C
Job Impacts Data Collection Worksheet

Silicon Valley Clean Energy Community Resilience Program Job Impacts Data Collection
Worksheet

Instructions: The form should be completed and submitted with each invoice. Each contractor and subcontractor should complete a separate form. The information will be used by SVCE to better understand the economic impacts of program investments and will have no impact on payment or performance evaluation of the grantee or contractors. Please be as accurate and complete as possible.

Position Title
Total
Employees
in Position*
Average
Hourly
Wage
Total Hours
Worked**
Employer-
Sponsored
Health
Benefits? Y/N

Solar Installer
Installation Supervisor
Add rows***

*Sum of all individual employees with at least (1) labor hour during the invoice period
**Sum of all the hours of all employees at this title/wage for the invoice period ***Add rows as need for additional employees
Note: If this reporting system does not align with the funding source of your project, please contact SVCE to discuss possible reporting alternatives.

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SILICON VALLEY CLEAN ENERGY

DECARBONIZATION GRANT PROGRAM AGREEMENT

THIS AGREEMENT is made and effective as of _________, 2023 (“Effective Date”), by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY ("SVCE"), an independent public agency, and The City of Campbell a Municipal Corporation (“Recipient”). In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:

1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:

A. SVCE’s decarbonization grant program (“Program”) will provide over $1.5M in grants to member jurisdictions, public agencies, and community groups to plan and develop decarbonization demonstration and engagement projects.

B. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for a decarbonization demonstration or engagement project (“Project”). The scope and estimated budget for the Project are included in Exhibit A.

C. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement.

2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $500,000, subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein.

3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:

A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.

B. Requests for payment submitted to SVCE shall include: 1) an itemized list of all expenditures; and 2) supporting documentation that clearly identifies the expenditure(s) in relation to the scope of the Project set forth in Exhibit A of this Agreement. Payment requests should be aggregated and submitted no more often than once per month.

C. SVCE shall process requests for payment and remit payment within 30 days.

D. If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the agreement between the Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement.

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Attachment: SVCE Community Decarbonization Agreement- Library (SVCE Grant Agreements) E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.

F. Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE.

4. USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibit A. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE. This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A. Any substantive deviation during Project implementation may require reevaluation or result in loss of funding. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project.

5. TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Projects must be complete no later than December 31, 2024.

6. REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program. Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data collected from facility-owned submetering, and collection of supplementary metered data on-site. All information collected will be held confidentially and will be used by SVCE or its authorized representative for program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require.

7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section.

8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California Public Works’ requirements

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9. PROCUREMENT. At minimum, Recipient shall solicit at least three bids and select the lowest bidder when procuring goods or services, where the costs are eligible for reimbursement under this Agreement. In the event the Recipient is required by statute or policy to solicit additional bids or follow a more stringent solicitation process, Recipient shall follow such process. Recipient may also procure goods and services through California Government Code section 4217.10.

10. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 7920.000 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made. Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure.

11. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:

SVCE: Silicon Valley Clean Energy Authority
333 W. El Camino Real #330
Sunnyvale, CA 94087
Attention: Jessica Cornejo, Senior Program Specialist

RECIPIENT: City of Campbell
Public Works Department
70 North First Street
Campbell, CA 95008
Attention: Abdulla Ahmed, Senior Public Works Project Manager

12. INDEPENDENT CONTRACTOR.

A. Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE. Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner.

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13. INDEMNIFICATION. Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement.

14. INSURANCE.

A. On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements in this Section. Recipient shall maintain such coverage in full force at all times for the duration of this Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement.

B. Recipient shall maintain the following minimum insurance coverages:
1) Workers’ Compensation, as required by the State of California; 2) Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. ISO occurrence Form CG 0001 or equivalent is required;
3) Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.

C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE. The Recipient may satisfy its obligations under this Section through self- insurance.

D. The insurance limits required by SVCE are not represented as being sufficient to protect Consultant. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.

15. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement.

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16. NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate.

17. NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.

18. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE.

19. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.

20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.

Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California.

21. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.

22. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

23. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound.

24. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.

Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.

25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

26. COMMUNICATIONS AND ENGAGEMENT. Recipient agrees that SVCE may use and publicize information and visual materials (photos, videos, etc.) related to this project, including (but not limited to) information and visual materials provided in this application, updates, or follow-up information. Recipient will coordinate in good faith with SVCE on follow-up activities, such as interviews, outreach coordination, photo or video shoots, requests for additional information, and the design of educational materials and signage related to the project. Recipient will work with SVCE to

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

SILICON VALLEY CLEAN ENERGY AUTHORITY

_____________________________________
Girish Balachandran, Chief Executive Officer

APPROVED AS TO FORM:

________________________________
Trisha Ortiz, General Counsel

[RECIPIENT]

By: _____________________________
Name:

Title:

By: _____________________________
Name:

Title:

[*Note: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairperson of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of City Manager is required for cities.]

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EXHIBIT A
City of Campbell – Grant Application

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City of Campbell Grant Application For

Silicon Valley Clean Energy Community Decarbonization
Demonstration Grant

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Attachment: SVCE Community Decarbonization Agreement- Library (SVCE Grant Agreements) Proposal Contents

1. Organization Information & Main Point of Contact ________________________________________ 1

2. Proposal Summary & Amount Requested ______________________________________________ 1

3. Full Description of Project ___________________________________________________________ 1 • Mechanical Narrative (including methane gas reduction) _________________________________ 1 • Electrical Narrative ______________________________________________________________ 2

4. Project Budget ___________________________________________________________________ 6

5. Project Workplan and Timeline 6

6. Outreach and community education plan _______________________________________________ 7

7. History of and Demonstrated Capacity to Complete Project _________________________________ 7

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Attachment: SVCE Community Decarbonization Agreement- Library (SVCE Grant Agreements) 1 1. Organization Information & Main Point of Contact
City of Campbell
Public Works Department
70 N. First Street
Campbell, CA 95008
www.cityofcampbell.com

1. Main Point of Contact:

Abdulla Ahmed
Senior PW Project Manager 408-866-2157
[email protected]

2. Proposal Summary & Amount Requested
This grant will fund the full electrification of the Campbell Library project, including the two rooftop air handling units, two new air source heat pumps, and all associated infrastructure and support systems. The electrical service system will also be upgraded to handle this additional load, and gas service and the building’s dependence on fossil fuels will be terminated. Beyond the environmental benefit of these upgrades, the electrification of this significant community library building will demonstrate to the public the benefits of electrification technology.

3. Description of the building electrification project.

Building Electrification Narrative: Mechanical Systems

The following narrative has been written to outline the recommended system enhancements, which enable the City of Campbell Library to operate without the use of natural gas. The narrative describes three conditions:

A. the existing building;
B. the baseline building renovation; and
C. an all-electric building renovation.

A. Existing Building
The building is currently heated by a modulating gas fired furnaces located in each of the building’s air handling units. Air handling unit’s furnace burns natural gas as a heat source. The existing natural gas fired furnaces are non-condensing type, operating at a COP of 0.8. Meaning they can provide 0.8 BTUs of heat to building, for every 1 BTU of natural gas burned. Each air handling unit operates as a single zone, each roughly conditioning 50% of the building.

Ventilation rates are constant, independent of occupancy, over / under heating at the room level is expected due to the building’s limited zoning. Each existing air handling units monitor a single thermostat.

The building’s domestic hot water is sourced from an existing electric resistance tank type water heater.

New Equipment:

1. N/A, existing building baseline

B. Baseline Building Renovation
In the base building renovation, as documented in the projects initial permit submission, the building’s HVAC system is renovated to address the building’s zoning deficiencies. Zone level variable air valves (VAV) with downstream hot water heating coils are specified. The building’s HVAC renovation increases HVAC control zoning from (qty.2) to (qty.15). A new gas fired condensing water heater is specified on the roof. The water heater is provided as a packaged

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Attachment: SVCE Community Decarbonization Agreement- Library (SVCE Grant Agreements) 2 skid, which includes distribution pumps and ancillary piping accessories (air separator, expansion tank, etc.) New heating hot water piping is routed from the new boiler skid, into the building, and to zone level hydronic reheat coils. The reheat coils allow the central air handling units to minimize pre- conditioning (heating and cooling). Control of the building’s two existing rooftop air handling units is modified to reset supply air temperature and fan speed, maximizing energy savings. Zone level coils are sized to heat air from 55F to 85F. The baseline building’s design utilizes a condensing gas fired boiler operating at a COP of 0.96 and maintains operation of the existing gas fired furnaces within the buildings existing air handling units. The building’s existing electric resistant tank type domestic water heater is replaced with a hybrid heat pump style, indoor, tank type heat pump. The blended COP of the heating system for the Base Building Renovation is 0.90

New Equipment:

1. As indicated in initial permit submission documents.

C. All Electric Building Renovation
In the all-electric building renovation, the building’s HVAC system is renovated similarly to the Base Building Renovation, except the new condensing gas-fired water heater is replaced with electric air source heat pumps. New air source heat pumps are located on the roof. In addition, a new 500- gallon hot water storage tank is provided at grade.

Two equally sized heat pumps utilize internal compressors and electricity to source heat from the ambient outdoor air. The heat pump heats the building’s hot water loop, replacing the condensing water heater described in the Base Building Renovation. Eliminating the building’s dependency on natural gas for heating. Each new air source heat pump weighs roughly 2000lbs. To ensure stable operation of the new air source heat pumps, a new 500-gallon hot water storage tank is specified.

This hot water storage tank is provided to buffer the heat pump compressors, limiting compressor cycling. When filled, the new hot water storage tank is expected to weigh approximately 5,700 lbs.

Due to weight concerns the hot water storage tank is recommended to be ground mounted. New hot water supply and return piping from the storage tank to the new rooftop air source heat pumps is required.

The furnace section, within the buildings existing rooftop air handling units are to be abandon in place. Gas piping to the air handling units is to be completely demolished, back to the meter. The specification of new zone level hydronic heating coils, described in the Baseline Building Renovation section, is modified to enable the following heating conditions. Zone level coils to be sized to heat air from 35F to 85F. The all- electric building design utilizes air source heat pumps, operating at a COP of 2.47

New Equipment:

1. Rooftop Air Source Heat Pumps: (Qty.2), Similar to Aremec NRL H 035HE

2. Hot Water Storage Tank: (Qty.1), Similar to AO

3. Smith TJVT-500A

4. Piping: New 3” insulated heating hot water supply and return piping, from new rooftop air source heat pumps to new ground mounted hot water storage tank.

5. Zone Level Heating Coils: Sized to heat air from 35F to 85F.

6. Credit: Baseline Renovation’s Condensing Boiler

7. Credit: Baseline Renovation’s Reheat Coils

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Attachment: SVCE Community Decarbonization Agreement- Library (SVCE Grant Agreements) 3 2. Energy Comparison
Each outlined building renovation option was studied to compare anticipated energy use between options. The Existing Building configuration utilized the most natural gas of any option, this is due to the Existing Building’s reliance on modulating gas fired furnaces withing the buildings existing air handling units. The Baseline Building Renovation would utilize less natural gas than the Baseline Building, due to the efficiency improvements provided by the options condensing boilers. The All- Electric Building Renovation uses no natural gas.

When comparing total energy use between options, the Baseline Renovation and All- Electric Renovation, are both expected to provide significant annual energy savings.

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Attachment: SVCE Community Decarbonization Agreement- Library (SVCE Grant Agreements) 4 The All-Electric option, is expected to provide the most total energy savings, performing 9.1% better than the Baseline Building Renovation. The energy savings are limited due to the building’s climate zone, the building does not expect a significant number of heating hours. As shown in the proceeding chart, the total energy se of the All-Electric Reno only deviates from the Baseline Reno during the heating season. Reducing energy use by as much as 31.7% when compared to the Existing Building’s energy use.

The TDV, or Time Dependent Valuation is a unit used to normalize building energy use based on time of use. The state establishes an hourly TDV multiplies, multiplying hourly building electric and gas use. Generally, TDV favors natural gas use. As shown below, the Baseline Renovation and All - Electric Renovation result in a similar Total TDV, due to the efficiency of the air source heat pumps in the All-Electric option. The efficiency of the air source heat pumps compensates for TDV’s bias toward the use of natural gas. The EUI, or Energy Use Intensity is a unit used to normalize building energy use based on square foot. A lower EUI indicates lower anticipated energy use.

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Attachment: SVCE Community Decarbonization Agreement- Library (SVCE Grant Agreements) 5 Building Electrification Narrative: Electrical Systems

Electrification of the building will require the following changes to the Construction Documents:

3. Increase electrical service size to 1200Amps 208/120V, 3phase. At this point, PG&E is complete with their design/estimating. Electrical service increase will require re- engagement with PG&E. • Increase MSS to be 1200Amp rated
• 4-5”C in lieu of 3-5”C from the PG&E transformer to MSS

4. Increase building switchboard MSA to 1200Amp rated.
• Increase feeder size from F1000-4 to F1200-4, i.e. 4 sets of 4#350, 1#3/0G in 3”C • Provide Qty. (2) 175A/3P branch
circuit breakers at MSA for Heat Pump Water Heaters

5. Provide Qty. (2) 125A feeders, 3#1, 1#6 IN

1.5”C to each roof located Heat Pump Water Heaters from MSA

6. Provide (2) 200Amp Fused Disconnects (175Amp Fuse), NEMA 3R at Heat Pump Water heaters.

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4. Project budget including total cost for the electrification project and source of other funds needed to complete the project.

Project Budget Template
Line Item
Description
SVCE Grant
Funding
Other Funding* Total Cost
(Line B + C)
Construction Hard Costs $ 496,592.00 $ - $ 496,592.00 10% Construction Contingency $ 3,408.00 $ 46,251.20 $ 49,659.20 Structural Design Fees $ $ 3,000.00 $ 3,000.00
Civil Design Fees $ $ 2,000.00 $ 2,000.00
Mechanical Design Fees $ $ 8,000.00 $ 8,000.00
Electrical Design Fees $ $ 3,000.00 $ 3,000.00
Architectural Design Fees $ $ 25,000.00 $ 25,000.00
$ $ $ -

Totals
$ $ $ -
$ 500,000.00 $ 87,251.20 $ 587,251.20

*Other Funding should match Project Funding Sources below.

Project Funding Sources
Please list all the sources of other funding below. The total of Other Funding Sources should match Total Other Funding Contribution above.

Source of Other Funding Monetary In-Kind $
Value
Total Contribution of
Funding from Other
Sources
(Line B + C)
Funding
Secured
(yes/no)
City of Campbell Measure O Bond $ 21,157,020.00 $ $ 21,157,020.00 Yes $ $ $
$ $ $

Totals Other Funding Contributions
$ $ $
$ 21,157,020.00 $ - $ 21,157,020.00

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5. Project workplan and timeline.

The workplan and timeline dates are estimated dates. The construction period of the original 97% percent completed design plans (funded via city’s Measure O Fund) was 18 months. We believe the redesign construction of library building to include the electrification of the entire Building can be completed with 18 months period.

6. Outreach and community education plan
As a library and community resource, the Campbell Library is uniquely positioned to use its relationship with the community to demonstrate the importance of building electrification and reducing the reliance on natural gas. To reach out the community, the City and Library have determined three primary ways to share information regarding the electrification and the grant that funded this work.

First, during construction, the City intends to prominently feature Silicon Valley Clean Energy on the site's construction signage, generating early interest and enthusiasm for the electrification process. Signage will explain the benefits of electrification and outline the environmental benefit of moving away from fossil fuels.

The Library also intends to host interpretive information on the City's and Library websites. These websites will include information similar to the mechanical systems narrative, visually showing the benefits of building electrification, and contrasting the building's emissions over time with similar fossil fuel dependent buildings.

Last, as a substantial project contributor, Silicon Valley Clean Energy will be prominently featured on the project's donor wall, along with additional information outlining the purpose of the grant.

7. Organization’s history of and demonstrated capacity to complete the project including history of construction project management, experience in administering grants, and experience in facilitating community demonstration sites.

The of City Campbell currently is in the final design stage of a new 27,500 2- Story Police Operations Building. The construction of this new building is funded with Measure O fund that was approved by Campbell residents in 2018. The City recently hired Griffin Structures to provide the City with a constructability review, construction management, and inspection services for the Police and Library projects. Griffin Structure has ample experience managing LEED’s Silver, Gold, and Platinum Certified buildings and including electrification of public buildings.

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City
Council
Report

TITLE: Council Committee Reports

RECOMMENDED ACTION

That the City Council report on activities from their committee assignments.

DISCUSSION
This is the s ection of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.

MAYOR BYBEE
Cities Association of Santa Clara County:

Board Representative
Legislative Action Committee and City Selection Committee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison
Legislative Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Mayors and Managers

VICE MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors

West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
West Valley Mayors and Managers (Alt.)

Item: 13
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: April 4, 2023
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Council Committee Reports Page 2 of 3

COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
DCBA Liaison
Silicon Valley Regional Interoperability Authority (SVRIA) West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA

Association of Bay Area Governments (Alt.)
Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)

COUNCILMEMBER LOPEZ:

Association of Bay Area Governments
Bay Area Quality Management District Board of Directors** Economic Development Subcommittee
Finance Subcommittee
League of Cities Peninsula Division Executive Committee** Legislative Subcommittee
Santa Clara County Housing and Community Development Advisory Committee Silicon Valley Clean Energy Finance and Audit Committee Valley Transportation Authority Board of Directors**

Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Cities Association of Santa Clara County:

Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)

COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Valley Transportation Authority Policy Advisory Board

DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.)

**appointed by other agencies

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Council Committee Reports Page 3 of 3

Prepared by:

Andrea Sanders, City Clerk

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