Agenda packet — Ava Community Energy Board of Directors, October 21, 2026

Board of Directors Meeting
Wednesday, October 21, 2026
6:00 pm
In Person:

Board Room
Ava Community Energy
1999 Harrison St, Ste 2300
Oakland, CA 94612
Or from the following locations:

Commodore Lounge - 3 Commodore Drive, Emeryville, CA 94608 4917 Knowlson Terrace, Fremont, CA 94555
35653 Scarborough Dr Newark, CA 94560
1100 Webster St, 2nd Floor Conference Room, Oakland, CA 94607 New City Hall – 501 W Weber Ave, Building 1, Stockton, CA 95203 Via Zoom:
https://avaenergy-org.zoom.us/j/87023071843
Or join by phone:

Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 929 205 6099 or +1 301 715 8592 or 888 475 4499 (Toll Free) or 877 853 5257 (Toll Free)
Webinar ID: 870 2307 1843
Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the Clerk of the Board at least 2 working days before the meeting at (510) 906- 0491 or [email protected].

If you have anything that you wish to be distributed to the Board of Directors, please email it to the clerk by 5:00 pm the day prior to the meeting.

Public comment letters received for Ava Community Energy meetings are posted at https://app.box.com/v/avapubliccomment.

Ava Community Energy
Board of Directors Page | 2

1. Welcome & Roll Call

2. Pledge of Allegiance

3. Public Comment
This item is reserved for persons wishing to address the Board on any Ava-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. As with all public comment, members of the public who wish to address the Board are customarily limited to two minutes per speaker and must complete an electronic speaker slip. The Board Chair may increase or decrease the time allotted to each speaker.

CONSENT AGENDA

4. Approval of Minutes from September 16, 2026

5. Contracts Entered Into (Informational Item)

6. 2025 Power Content (Informational Item)
Update on final 2025 power content

7. Disadvantaged Communities (DAC) PPA Amendments (Action Item) Contract amendments to DAC projects: ESCA-PLD-SANLEANDRO1, LLC and ESCA-PLD-HAYWARD1, LLC

8. Ava & Lunar Agreement: Amendment 2 and 3 (Action Item) Contract amendments to Ava & Lunar Agreement

9. Amendment to Rate Setting Policy (Action Item)
Rate Setting Policy Amendment: Update the agency name, streamline committee language, and establish accessibility standards.

10.Revised NEM Tariff (Action Item)
Approve Ava’s revised Net Energy Metering Policy Tariff which updates terminology and clarifies the treatment of Net Energy Metering Fuel Cell customers

11.Customer Programs Strategy Engagement Consultant Agreement (Informational Item)
Notice of selection for Customer Programs Strategy Engagement Consultant

12.Sacramento Municipal Utility District (SMUD) Contract Renewal (Action Item) Approve an amendment extend Ava’s agreement with SMUD for Call Center and Data Management Services
Ava Community Energy
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13.Update on Submission of Final Integrated Resource Plan Documents and Materials (Informational Item)
Confirmation that Ava’s 2026 IRP compliance filing was submitted and links to publicly available IRP materials

14.Treasurer’s Report (Informational Item)
Receive a report of Ava’s cash balances

REGULAR AGENDA
Pursuant to Board direction, any agenda item not started by 9:00 p.m. will be continued to a future meeting unless the Board, by majority vote, elects to hear the item that evening.

The Board may also determine an alternate disposition of the item at its discretion.

15.CEO Report

16.CAC Report

17.2026 Legislative Roundup and 2027 Look Ahead (Informational Item)

18.Ava Five-Year Priorities (Informational Item)
Review of four key objectives

19.Customer Survey Results (Informational Item)
Report out on general customer survey and commercial customer survey results

20.CEO Employment Agreement Amendment (Action Item)

21.Board Member and Staff Announcements including requests to place items on future Board of Directors Meeting Agendas

22.Adjourn
The next Ava Board of Directors meeting will be held on Wednesday, November 18, 2026 at 6:00 pm.

Board Meeting Access Instructions
If you need help finding or accessing the building, please call our Ava representative who is stationed in the building lobby: 510-393-0492.

Directions
Directions via BART
If you are taking BART: the 19th Street station is the closest stop to our office and is about a 5 minute walk away. Use the 20th St / Thomas L. Berkeley Way station exit.

Directions via Bike
Bike riders wanting to park their bike inside the parking garage can enter through the main building lobby. Bike parking is available on the parking garage first level right in front of the garage elevators.

Directions to Parking Garage via Car
The entrance to the building’s attached garage is located on Harrison Street. If you’re driving northbound on Harrison Street, as soon as you cross 19th St. the garage entrance is 3/4 down on your left-hand side. If you’re heading east on Thomas L Berkeley Way/20th St.

Continue East then make a right turn on Harrison
Street, and the garage entrance is a quarter block up
on your right-hand side.

When you arrive, enter via the gate labeled “Public
Parkers”. There are four floors of the parking garage,
and you will need to take the elevator in the parking
garage to the first floor. The parking attendant or
an Ava representative will provide access into the
building lobby.

The parking garage entry gate will be open until 8pm
for CAC and BOD meetings. Attendees can exit the
parking garage until 11pm.

Note that the garage’s parking fee is $30 per use.

Street parking is widely available near the building
and free after 6pm.

Check-in at Security Desk
When you arrive at our building, please check in with the security desk in the lobby to get access to the elevators.

If you have questions or need assistance, an Ava representative will be stationed and identifiable in the lobby. They can be reached at: 510-393-0492.

Public Parkers entrance
1999 Harrison Street, Suite 2300, Oakland, CA 94612

Commonly Used Acronyms
Commonly Used Acronyms
__________________________________________________________________ BESS Battery Energy Storage System
CAC Community Advisory Committee
CAISO California Independent System Operator
CalCCA California Community Choice Association
CalEVIP California Electric Vehicle Incentive Program
CARB California Air Resources Board
CARE California Alternate Rates for Energy
CCA Community Choice Aggregator
CEC California Energy Commission
CPUC California Public Utilities Commission
DA Direct Access (private retail energy provider)
DAC Disadvantaged Community
DAC-GT Disadvantaged Communites-Green Tariff
DER Distributed Energy Resource
DERMS Distributed Energy Resources Management Systems
DR Demand Response
EBCE East Bay Community Energy
EPS Emissions Performance Standards
ERMP Energy Risk Management Policy
ESA Energy Storage Agreement
EVSE Electric Vehicle Supply Equipment
FAP Finance, Administrative, and Procurement (subcommittee) FERA Family Electric Rate Assistance
GHG Greenhouse Gas
IOU Investor-Owned Utility
IRP Integrated Resource Plan
JPA Joint Powers Authority, or Joint Powers Agreement
kW
Kilowatt (1,000 Watts, where a Watt is a measure of
instantaneous power)
kWh Kilowatt-hour (a measure of energy used in a one-hour period) LDBP Local Development Business Plan
LSE Load-Serving Entity
Commonly Used Acronyms
MRL Marketing, Regulatory, and Legislative (subcommittee) MW Megawatt (1,000 kilowatts)
MWh Megawatt-hour (1,000 kilowatt hours)
NEM Net Energy Metering
PCC Product Content Category
PCIA Power Charge Indifference Adjustment
PCL Power Content Label
PPA Power Purchase Agreement
PV Photovoltaic (solar)
RA Resource Adequacy
REC Renewable Energy Credit
RPS Renewable Portfolio Standard
SMUD Sacramento Municipal Utility District
VPP Virtual Power Plant
Draft Minutes
Board of Directors Meeting
Wednesday, September 16, 2026
6:00 pm
In Person:

Board Room
Ava Community Energy
1999 Harrison St, Ste 2300
Oakland, CA 94612
Or from the following locations:

Commodore Lounge - 3 Commodore Drive, Emeryville, CA 94608 4917 Knowlson Terrace, Fremont, CA 94555
1100 Webster St, 2nd Floor Conference Room, Oakland, CA 94607 Larch Clover Community Center – 11157 West Larch Road, Tracy, CA 95376
New City Hall – 501 W Weber Ave, Building 1, Stockton, CA 95203 Via Zoom:
https://avaenergy-org.zoom.us/j/87023071843
Or join by phone:

If you have anything that you wish to be distributed to the Board of Directors, please email it to the clerk by 5:00 pm the day prior to the meeting.

Ava Community Energy
Board of Directors Page | 2
Public comment letters received for Ava Community Energy meetings are posted at https://app.box.com/v/avapubliccomment.

1. (0:12) Welcome & Roll Call

Present: Members: Marquez (Alameda County), Lopez (Albany), Tregub (Berkeley), Morada (Dublin), Kaur (Emeryville), Keng (Fremont), Roche (Hayward), Barrientos (Livermore), Brown (Oakland), Balch (Pleasanton), Rickman (San Joaquin County), Fugazi (Stockton), Nygard (Tracy), Sakakihara (Union City), CAC Chair Souza (Community Advisory Committee), Vice-Chair Gonzalez (San Leandro) and Chair Andersen (Piedmont)
Not Present: Members: Diallo (Lathrop) and Del Catancio (Newark) Members Keng and Barrientos joined the meeting after the consent agenda vote and before Item 12.

2. (1:24) Pledge of Allegiance

3. (1:48) Public Comment
This item is reserved for persons wishing to address the Board on any Ava-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. As with all public comment, members of the public who wish to address the Board are customarily limited to two minutes per speaker and must complete an electronic speaker slip. The Board Chair may increase or decrease the time allotted to each speaker.

There were no public comments.

CONSENT AGENDA

4. (2:29) Approval of Minutes from July 15, 2026

5. Contracts Entered Into (Informational Item)

6. San Leandro Citywide default change request (Action Item) Requesting action from Ava’s Board to pass Resolution authorizing City’s request to change default from R100 to BC on a schedule to be determined by Ava’s CEO in consultation with City

7. LHi Group FY26-27 (Action Item)
Approving a Resolution of the Board of Directors of Ava Community Energy Authority authorizing the CEO to negotiate and execute Amendments to the two Staffing Services Agreements with LHi Group, Inc.

8. Fifth Amendment to Ascend Analytics Saas (Action Item) Approving a Resolution of the Board of Directors of Ava Community Energy Authority Ava Community Energy
Board of Directors Page | 3
authorizing the CEO to negotiate and execute a fifth Amendment to the Ascend Analytics battery optimization Saas agreement

9. Treasurer’s Report (Informational Item)
Report on Ava’s cash balances as of June 30, 2026
There were no public comments.

Member Roche motioned to approve the Consent Agenda. Member Marquez seconded the motion, which was approved 14/0/0/0/4 (yes/no/abstain/recuse/not present):

Yes: Members: Marquez, Lopez, Tregub, Morada, Kaur, Roche, Brown, Balch, Rickman, Fugazi, Nygard, Sakakihara, Vice-Chair Gonzalez and Chair Andersen No: none
Abstain: none
Recuse: none
Not Present: Members: Keng, Barrientos, Del Catancio and Diallo

REGULAR AGENDA
Pursuant to Board direction, any agenda item not started by 9:00 p.m. will be continued to a future meeting unless the Board, by majority vote, elects to hear the item that evening.

The Board may also determine an alternate disposition of the item at its discretion.

10.(10:23) CEO Report
Howard Chang, CEO, presented the CEO Report and answered questions from the Board.
(26:24) Public Comment – Bradley Cleveland expressed appreciation for the Aramis solar and storage project, noting its construction by local workers and apprentices and its continuing agricultural use. He encouraged consideration of similar agrivoltaic projects in San Joaquin County.

11.(28:04) CAC Report
CAC Chair Souza presented the CAC Report and answered questions from the Board.

12.Chair and Vice-Chair Appointment (Action Item)
There were no public comments.

Member Marquez motioned to nominate Vice-Chair Gonzalez as Chair and Member Roche as Vice-Chair, effective December 1, 2026. Member Tregub seconded the motion, which was approved 16/0/0/0/2 (yes/no/abstain/recuse/not present):

Ava Community Energy
Board of Directors Page | 4
Yes: Members: Marquez, Lopez, Tregub, Morada, Kaur, Keng, Roche, Barrientos, Brown, Balch, Rickman, Fugazi, Nygard, Sakakihara, Vice-Chair Gonzalez and Chair Andersen
No: none
Abstain: none
Recuse: none
Not Present: Members: Del Catancio and Diallo

13.(35:42) Approve a resolution on a suite of power related products with Sentinel Energy Center, LLC from a hybrid battery project (Action Item) Approving a Resolution of the Board of Directors of Ava Community Energy for the CEO to negotiate and execute agreements for BESS, RA and Financially Settled products.

Scott Harding, Director of Origination, presented the item and answered questions from the Board.
(1:05:11) Public Comment – Jim Lutz asked how the proposed resource adequacy and financial hedging arrangements would operate, including how they protect Ava against price volatility and account for longer-term market risks.

Vice-Chair Gonzalez motioned to adopt the resolution authorizing the CEO to negotiate and execute agreements for Battery Energy Storage System Resource Adequacy and Financially Settled products with Sentinel Energy Center LLC.

Member Roche seconded the motion, which was approved 16/0/0/0/2 (yes/no/abstain/recuse/not present):

Yes: Members: Marquez, Lopez, Tregub, Morada, Kaur, Keng, Roche, Barrientos, Brown, Balch, Rickman, Fugazi, Nygard, Sakakihara, Vice-Chair Gonzalez and Chair Andersen
No: none
Abstain: none
Recuse: none
Not Present: Members: Del Catancio and Diallo

14.(1:11:32) Update on Customer Programs Strategy (Informational Item) Updating the board on the status of the Customer Programs Strategy development process
Annie Henderson, Chief Customer Officer, presented the update on the Customer Programs Strategy development process and answered questions from the Board. (1:38:37) Public Comment – Jim Lutz encouraged the Board to align customer programs with Ava’s joint powers agreement objectives for local renewable development and community ownership, and recommended measures of local energy production and economic retention.

Ava Community Energy
Board of Directors Page | 5
(1:40:22) Public Comment – Bradley Cleveland expressed support for stakeholder engagement in the strategy process, particularly inclusion of labor organizations in workforce development and training.

15.(1:42:44) Board Member and Staff Announcements including requests to place items on future Board of Directors Meeting Agendas
CEO Chang reminded board members to complete the meeting location survey circulated by Deputy General Counsel John Perkins, aimed at scheduling one to two formal board meetings per year in San Joaquin County. CEO Chang also noted that he is continuing to present Ava's impact report to member jurisdictions, with Union City scheduled for the following week.

Member Marquez announced the upcoming Science in the Park event, to be held on Saturday, October 3rd from 9:00 AM to 3:00 PM at Cal State East Bay. The free family event will feature STEAM activities, interactive educational programming, and community exhibits. Ava Community Energy will be tabling and sponsoring the event.

16.(1:45:29) Closed Session Public Comment
There were no public comments.

17.(1:46:46) Closed Session
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957. Title: Chief Executive Officer
b. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6. Agency Representatives: Inder Khalsa, Jonathan Tedesco, Betsy Andersen, and Juan González. Unrepresented employee: Chief Executive Officer.

18.(2:39:45) Report Out of Closed Session
There were no items to report out of closed session.

19.(2:39:52) Adjourn
The meeting was adjourned at 8:46pm
The next Ava Board of Directors meeting will be held on Wednesday, October 21, 2026 at 6:00 pm.
9/16/26 – Ava Board of Directors
AI Generated Courtesy Summary - not official minutes
This summary has not been reviewed for accuracy
Board of Directors
September 16, 2026, 6:00 PM

1. Welcome & Roll Call
Chair Andersen called the September 16, 2026 meeting of the Ava Community Energy Board of Directors to order at 6:00 PM. Board Clerk Adrian Bankhead called the roll.

Present: Member Marquez (Alameda County), Member Lopez (Albany), Member Tregub (Berkeley), Member Morada (Dublin), Member Kaur (Emeryville), Member Keng (Fremont), Member Roche (Hayward), Member Barrientos (Livermore), Member Brown (Oakland), Member Balch (Pleasanton), Member Rickman (San Joaquin County), Member Fugazi (Stockton), Member Nygard (Tracy), Member Sakakihara (Union City), CAC Chair Souza (Community Advisory Committee), Member Gonzalez (San Leandro / Vice-Chair), Chair Andersen (Piedmont)

Absent: Member Diallo (Lathrop), Member Del Catancio (Newark) A quorum was established.

2. Pledge of Allegiance
The Pledge of Allegiance was led by Chair Andersen.

3. Public Comment
No members of the public requested to speak during general public comment.

CONSENT AGENDA
Prior to the vote, Member Morada requested clarification on two line items under Item 5. CEO Howard Chang explained that the Dakota Press Inc. contract, with a current-year value of $180,000 and a cumulative not-to-exceed of $1,400,000, covers a range of regulatorily required mailers sent to customers upon jurisdictional expansion as well as annual mailers such as the power content label. Regarding General Counsel AI Inc., CEO Chang confirmed the $7,000 contract is a flat-rate software service, which accounts for the "N/A" not-to-exceed designation.

Member Roche inquired about the process and implications of cities changing their default product, specifically in light of the San Leandro opt-down request — the first instance of a jurisdiction opting down rather than up.

CEO Chang acknowledged that existing policy addresses timing and procurement adjustments to accommodate such changes and noted that widespread simultaneous changes across jurisdictions would require revisiting the policy with the full board.

Member Brown offered remarks of appreciation for Ava's sponsorship of an e-bike education course at an East Bay BART station in partnership with Bike East Bay.

Motion to approve the Consent Agenda (Items 4–9) was made by Member Roche and seconded by Member Marquez. The motion carried unanimously.

REGULAR AGENDA

10. CEO Report
CEO Howard Chang presented the CEO Report, highlighting the following:

Subcommittee Updates: The Executive Committee (XCOM) met on September 2nd and September 9th, covering an update on Ava Charge and a closed session item. The next XCOM meeting is October 7th at 3 PM.

The Financial, Administrative, and Procurement (FAP) Subcommittee met on September 9th and received updates on the FY25-26 audit, working capital management, and a renewable energy credit exchange transaction. The next FAP meeting is October 28th at 3 PM. A Marketing, Regulatory, and Legislative Subcommittee meeting is scheduled for the following Friday.

Alameda County Green Business Program Mixer: Approximately 40 small and medium-sized businesses attended a sustainability-focused mixer hosted at Ava's offices on July 16th.

Aramis Project: A 100 MW solar and 100 MW storage facility located in Livermore within Ava's service territory achieved its commercial operation date in early August. Ava holds a 10-year contract for 25 MW of resource adequacy from the project, with energy products commencing October 1st. The project, developed and operated by IPX Power, supports Ava's 2027 midterm reliability obligation.

Energy Prepayment Financing Results: Two additional energy prepayment transactions approved by the board in June were priced and closed in July, bringing Ava's total to seven such transactions. The Morgan Stanley transaction, at approximately $1.2 billion in bond principal, yields savings of approximately $17/MWh or $9.7 million per year, totaling roughly $88 million over the term. The Goldman Sachs transaction, at just under $1 billion, yields approximately $14/MWh or $7 million per year, totaling approximately $51 million over the term. Across all seven transactions, Ava will save over $30 million per year through 2032, representing approximately $11/MWh in savings. Ava is currently at approximately 49% of expected retail load through these transactions and retains headroom for additional prepayment activity.

New Web Content and Community Events: CEO Chang highlighted recent web content additions, including articles on the Mandela Partners partnership, EV ownership guidance, the Sequoia Grove project, and the Healthy Communities pilot program. Upcoming community outreach events are scheduled across multiple jurisdictions, including Albany, Lathrop, Stockton, Tracy, Newark, Hayward, Piedmont, Emeryville, Oakland, and unincorporated San Joaquin County.

E-Bike Test and Ride Event: A recap video was shared from the second e-bike test and ride event, held June 27th. The next event will take place on October 11th at the Hayward BART parking lot in partnership with Bike East Bay. The event is free and open to the public, with preregistration encouraged.

Legislative Update: CEO Chang announced that AB 1761, Ava's first-ever CalCCA-sponsored legislative bill addressing PCIA transparency, has passed through the legislature and is currently on the Governor's desk for signature. He thanked board members for providing letters of support.

Member Marquez requested that short 20-to-30-second clips from the e-bike video be made available for board members to share on their respective social media platforms. CEO Chang confirmed staff would follow up accordingly.

Member Roche and Member Fugazi both expressed enthusiasm for the upcoming Hayward e-bike event and requested expanded Ava outreach in their respective communities. Member Fugazi expressed particular interest in hosting a similar event in Stockton given the city's investment in new bike lanes.

One public comment was received from Bradley Cleveland, consultant with IBEW Local 595 and NORCAL NECA, who commended the Aramis project as having been built by local construction workers and apprentices and noted its agrivoltaic character, with agricultural land use continuing alongside power generation and storage.

11. CAC Report
CAC Chair Souza reported that a new CAC member, Andrew Krulowicz, has joined and attended his first meeting. She also reported that Vice Chair Inder Khalsa has resigned to pursue retirement. A vote for a new vice chair is anticipated at the following month's CAC meeting. No public comment was received on this item.

12. Chair and Vice-Chair Appointment (Action Item)
Chair Andersen noted that, pursuant to Ava's bylaws, the board is required to elect a chair and vice chair on an annual basis. She advised that she will be termed out of her elected position in December and therefore will not be able to continue serving on the board. Member Rickman inquired whether the agency maintains a practice of alternating the chair and vice chair roles between Alameda County and San Joaquin County jurisdictions, as is done on other regional bodies. Chair Andersen and CEO Chang confirmed that no such requirement exists in Ava's bylaws, though it was acknowledged as a concept worth considering in the future.

Motion to nominate Member Gonzalez as incoming Chair and Member Roche as incoming Vice Chair, effective at the December 2026 board meeting, was made by Member Marquez and seconded by Member Tregub. The motion carried unanimously.

Member Roche expressed appreciation for the nomination and her eagerness to serve in the role.

13. Approve a resolution on a suite of power related products with Sentinel Energy Center, LLC from a hybrid battery project (Action Item)
Scott Harding, Director of Originations, presented the item via remote participation. The board was asked to approve a resolution authorizing the CEO to negotiate and execute a package of five products with Sentinel Energy Center LLC in connection with the construction of a new 50 MW, 200 MWh lithium-ion battery energy storage system (BESS) to be co-located at Sentinel's existing 850 MW natural gas peaking facility in Desert Hot Springs, California.

The proposed transaction structure mirrors two previously approved deals: the Malaga facility (approved 2023, 16 MW/4-hour BESS, now operational) and the Tracy facility (approved April 2025, 13.3 MW/8-hour BESS, commencing 2028). The five products comprise: (1) resource adequacy (RA) from the newly constructed BESS for 10 years; (2) RA from the Sentinel gas plant for 10 years, with no energy taken; (3) a two-year, year-ahead RA call option for 2031–2032; (4) a top-4/bottom-4 financial hedge on the BESS for 10 years; and (5) a heat rate financial settlement hedge for 5 years. All products commence January 1, 2031. Ava will not take physical delivery of energy from the gas plant under any component of this package.

The BESS is projected to reduce NOx pollution by approximately 7% per year at the facility and eliminate approximately 2,000 metric tons of CO2-equivalent annually by displacing gas-fired generation with stored renewable energy. The project will also create 24 prevailing-wage construction jobs. The facility is owned 50/50 by Meridian Clean Energy and Diamond Generating Corporation, a Mitsubishi Corp subsidiary.

In response to board questions, Mr. Harding clarified that the 5-year term for the heat rate financial settlement was selected to bridge a specific coverage gap in Ava's portfolio and complements existing hedges running through the mid-2030s. He confirmed that the BESS will be charged primarily from excess grid renewable energy rather than from the gas plant itself, thereby actively displacing — not extending — fossil fuel generation at the site. CEO Chang noted the rarity of projects meeting the interconnection and land-use requirements for this structure and confirmed that pricing information remains confidential pending final execution, though further detail could be shared with board members through an ad hoc review process.

CAC Chair Souza relayed that the CAC had a robust discussion, raised concerns about natural gas usage, and suggested exploring geothermal alternatives. Staff confirmed that the BESS would function as a continuous power source rather than solely for cold-starting the gas plant, and that performance metrics for Sentinel are already in place.

Public comment was received from Bradley Cleveland, who expressed support for the transaction, and from Jim Lutz (Jim Woods), who posed several questions regarding the mechanics of RA products, hedge activation, and the risk of long-term solar and storage price declines. Mr. Harding addressed these questions, using the September 2022 heat wave — during which spot prices exceeded $1,000–$2,000/MWh — as an illustrative example of the exposure the heat rate financial settlement is designed to hedge against.

Vice Chair Gonzalez emphasized for the record that this transaction does not involve Ava taking any physical power and constitutes a compliance and financial risk management instrument. He also suggested that a brief educational session on resource adequacy would be valuable for board members.

Motion to adopt the resolution authorizing the CEO to negotiate and execute agreements for battery energy storage system resource adequacy and financially settled products with Sentinel Energy Center LLC was made by Vice Chair Gonzalez and seconded by Member Roche. The motion carried unanimously.

14. Update on Customer Programs Strategy (Informational Item)
Chief Customer Officer Annie Henderson presented an update on the development of Ava's Customer Programs Strategy. Staff has reframed the initiative under the title "Customer Programs Strategy" to better reflect the nature of the work, which centers on establishing a durable strategic framework — including a clear objective, strategic priorities, portfolio composition targets, and success metrics — before moving to program design and execution.

Ms. Henderson reported that staff has now met individually with all 18 member jurisdictions, completing outreach begun in May 2026. Staff also reviewed existing climate action plans, electrification plans, and mobility plans across member jurisdictions to leverage prior community engagement and avoid survey fatigue.

Key themes emerging from those discussions include interconnection and grid capacity concerns, staff and funding constraints at the local level, building and transportation electrification, and a strong, pervasive theme of affordability.

An RFP for an external engagement consultant was issued in late July, yielding nine conforming bids. Staff recommended proceeding with Option 2, which provides a greater number of community touch points (approximately 13 versus 6 under Option 1), to generate a richer and more representative dataset. The board was asked to confirm alignment with the proposed process, timeline, and the recommended level of stakeholder engagement.

The forward-looking timeline anticipates completion of the strategic framework by spring 2027 and a full program portfolio by fall 2027. An ad hoc group of board members will be sought for participation in the process. On an ongoing basis, individual programs will continue to come before the board for budget approval and program design review.

Board feedback was supportive of the proposed approach. Member Marquez requested that jurisdiction-specific feedback from the staff outreach meetings be shared with respective board members. Member Tregub encouraged staff to incorporate state-level mandates, such as the electrification plan under AD 39, into the framework and affirmed support for Option 2. Member Roche commended staff for bringing the work in-house rather than outsourcing the full process and emphasized the importance of Ava functioning as a regional complement to individual city programs rather than duplicating them. Vice Chair Gonzalez noted that strategy necessarily involves choosing what not to do and urged the board and public to be prepared for those trade-off discussions, with affordability identified as a central organizing priority.

CAC Chair Souza reported that the CAC approved the Option 2 engagement approach, with positive feedback on the focus on public engagement, ad hoc committees, equity metrics, labor, and integration with local climate action plans. The CAC also reiterated a prior request for a formal JPA policy governing the allocation of customer program funds when Ava is in a surplus position.

Public comment was received from Jim Lutz, who urged the board to adopt a strategic framework that connects customer programs to Ava's procurement power and JPA objectives, including local renewable resource development and community ownership, particularly in low-income communities. Bradley Cleveland, representing IBEW Local 595 and NORCAL NECA, expressed interest in participating as a stakeholder in the planning process and highlighted the role of labor apprenticeship and workforce development programs.

This item was informational; no action was taken.

15. Board Member and Staff Announcements including
requests to place items on future Board of Directors Meeting Agendas
CEO Chang reminded board members to complete the meeting location survey circulated by Deputy General Counsel John Perkins, aimed at scheduling one to two formal board meetings per year in San Joaquin County.

He also noted that he is continuing to present Ava's impact report to member jurisdictions, with Union City scheduled for the following week.

16. Closed Session Public Comment
No members of the public requested to speak on the closed session items.

17. Closed Session
The Board adjourned into closed session to consider the following items:
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957.

Title: Chief Executive Officer.
b. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6. Agency Representatives: Inder Khalsa, Jonathan Tedesco, Betsy Andersen, and Juan González. Unrepresented employee: Chief Executive Officer.

18. Report Out of Closed Session
There was nothing to report out of closed session.

19. Adjourn
The meeting was adjourned at 8:46 PM. The next Ava Community Energy Board of Directors meeting will be held on Wednesday, October 21, 2026 at 6:00 PM.

Consent Item 5
Consent Item 5
To: Ava Community Energy Authority
From: Howard Chang, Chief Executive Officer
Subject: Contracts Entered Into
Date: October 21, 2026
_____________________________________________________________________

RECOMMENDATION
Accept the CEO’s report on contracts that Ava Community Energy has entered into, as required by the Administrative Procurement Policy, from September 10, 2026 through October 14, 2026.

Consent Item 5
Counterparty
Name
Document Title Record Type Contract Purpose Contract Value Not To Exceed Expiratio n Date
City State Ironclad
Id
Adam
Montanaro
October 2026
Purchase
Rider
Purchase
Rider
Engage a vendor for
videography services.
$35,000.00 $35,000.00 2027-
06-30
Berkeley CA IC-3362
Chargeonomic
s, LLC
September
2026
Purchase
Rider
Purchase
Rider
Re-engage with
Chargeonomics for ad
hoc EV charging
market insights,
forecasting, and
analytical support
$4,999.00 $4,999.00 2026-
12-31
Danville CA IC-3312
CohnReznick
Advisory LLC
MASTER

SERVICES

AGREEMENT
Vendor
Purchase
Template
Engage in routine
penetration testing for
data security
purposes.
$0.00 n/a 2026-
12-31
New
York
NY IC-3347
EcoMotion
Incorporated
September
2026
Purchase
Rider
Purchase
Rider
Energy Toolbase
Developer site energy
modeling and report
creation.
$4,999.00 $5,000.00 2026-
12-31
Glendale CA IC-3338
EMC
Research, Inc.

September
2026
Amendment
to the
Consulting
Services
Agreement
Consulting
Services
Agreement
Contract Purpose:

Design, implement,
analyze, and present
the findings of two
waves of on-line brand
awareness surveys;
Amendment Purpose:

Allow research partner
to work with lists of
customers / PII (to
include rate plan but
not interval data)
$46,500.00 $245,000.00 2027-
07-31
Oakland CA IC-3296
Consent Item 5
Counterparty
Name
Document Title Record Type Contract Purpose Contract Value Not To Exceed Expiratio n Date
City State Ironclad
Id
Gearset
Limited
Order ref:

GSL6ZW9ZQ
Purchase
Rider
Automate Salesforce
metadata
deployments and
process enforcement.
$25,704.00 $25,704.00 2027-
09-30
Cambrid
ge
UK IC-3323
Giraffe
Financial, Inc.

August 2026
Amendment
to the
Consulting
Services
Agreement
Consulting
Services
Agreement
Contract Purpose:

Provides Federal
Investment tax credit
consulting related to
the Ava's eight Critical
Municipal Facilities
projects.; Amendment
Purpose: Engage a
vendor for Investment
Tax Credit filing
services for Critical
Municipal Facilities
$0.00 $48,000.00 2028-
03-31
Sacrame
nto
CA IC-3250
Ironclad, Inc. Renewal
Order Form
Vendor
Purchase
Template
Renew Ironclad SaaS
services for contract
management
$101,016.00 N/A 2027-
09-16
San
Francisc
o
CA IC-3303
Keyes & Fox
LLP
September
2026
Amendment
to the Joint
Representatio
n Agreement
Vendor
Purchase
Template
Contract Purpose:

Provide legal services
related to PG&E’s
Billing Modernization
Initiative; Amendment
Purpose: Increase the
collective not-to-exceed amount.
$19,199.12 $180,199.12 N/A San
Francisc
o
CA IC-3346
LHi Group,
Inc.

September
2026
Amendment
to the Staffing
Services
Agreement
Vendor
Purchase
Template
Contract Purpose:
recruiting and staffing
services; Amendment
Purpose: continue
engaging such
services.
$50,000.00 $580,000.00 2027-
06-30
New
York
NY IC-3197
Consent Item 5
Counterparty
Name
Document Title Record Type Contract Purpose Contract Value Not To Exceed Expiratio n Date
City State Ironclad
Id
LHi Group,
Inc.

Statement of
Work
Extension -
Payrolling
Assignment
Vendor
Purchase
Template
Extend contract for
Contracts Manager
backfill
$31,000.00 N/A 2026-
12-08
New
York
NY IC-3376
LHi Group,
Inc.

September
2026
Amendment
to the Staffing
Services
Agreement
Vendor
Purchase
Template
Contract Purpose:

Provide
Contract/Temporary
Assignment Staffing
Services; Amendment
Purpose: talent
sourcing, recruiting,
and temporary
employment and
payroll services.
$150,000.00 $500,000.00 2027-
06-30
New
York
NY IC-3196
Lucid
Software Inc.

Order Form -
Quote
Number: Q-2604223
Vendor
Purchase
Template
Renewal for existing
Lucid Suite licensing
for 12 months.
$19,582.40 $19,582.40 2027-
09-18
South
Jordan
UT IC-3288
McMillan
Electric
August 2026
Consulting
Services
Agreement
Consulting
Services
Agreement
Update audiovisual
equipment and
related services at
Ava’s offices.
$104,242.00 $104,242.00 2026-
11-13
San
Francisc
o
CA IC-3230
Most Likely
To, Inc.

September
2026
Consulting
Services
Agreement
Consulting
Services
Agreement
Engage a vendor for
marketing strategy
support
$150,000.00 $150,000.00 2027-
09-29
San
Francisc
o
CA IC-3297
Consent Item 5
Counterparty
Name
Document Title Record Type Contract Purpose Contract Value Not To Exceed Expiratio n Date
City State Ironclad
Id
The Regents
of the
University of
CA, on behalf
of its Berkeley
Campus
(“UCB”)

AGREEMENT
between AVA

COMMUNITY
ENERGY and

THE REGENTS
OF THE

UNIVERSITY

OF CA, ON

BEHALF OF ITS

BERKELEY
CAMPUS
Vendor
Purchase
Template
This is an Agreement
with UC Berkeley to
provide funding for
the EcoBlock project
approved at the July
2016 Board meeting
$149,988.00 $149,988.00 2026-
11-30
Berkeley CA IC-3120

Consent Item 6
Consent Item 6
To: Ava Community Energy Authority
From: Izzy Carson
Subject: Informational Report on 2025 Power Content
Date: October 21, 2026
__________________________________________________________________ Summary/Recommendation
Staff will be providing information on Ava’s 2025 Power Source Disclosure Report (PSDR) and 2025 Power Content Label (PCL); this is informational and no action is required.

Financial Impact
Not applicable.

Analysis and Context
The California State Legislature passed Senate Bill (SB) 1305 in 1997, establishing the Power Source Disclosure Program (PSDR) to provide retail electricity consumers “accurate, reliable, and simple to understand information on the sources of energy that are used to provide electric services.” Assembly Bill (AB) 162, passed in 2009, modified the reporting requirements of SB 1305 by requiring all retail suppliers of electricity in California to disclose the sources of the electricity they sell to customers using reporting formats developed by the California Energy Commission (CEC). In 2016, AB 1110 further modified the PSDR reporting requirements, requiring retail sellers to disclose the greenhouse gas (GHG) emissions factor associated with each electricity portfolio. The CEC updated the regulations implementing SB 1305, AB 162, and AB 1100 effective in May 2020. In 2022, SB 1158 was passed which requires the reporting of hourly data starting in 2028 and became effective in June 2025.

Each year, Ava Community Energy (Ava) must 1) submit an Annual Report (the PSDR) to the CEC, detailing its actual resource mix for the previous calendar year, and 2) provide an annual Consent Item 6
Power Content Label (PCL) to customers, showing the percentage breakdown by resource type.

The CEC requires that private retail electricity suppliers engage an auditor to verify the accuracy and completeness of data submitted to the CEC in their PSDR, but allows public agencies the option to instead provide a self-attestation . In May 2024, at its Executive Committee meeting, the Ava Board requested that Ava fulfill its PSDR reporting obligation through engagement with an auditor.

For the 2025 PSDR filing, Ava engaged a consultant to perform an audit of the Bright Choice and Renewable 100 product annual reports. The audit procedure involved validation of facility information, retail sales, generation and retirement data, invoicing and contractual verification, and overall accuracy within the report. Ava’s 2025 PSDR audit was completed on August 31st, 2026, and provided to the CEC with no exceptions found to the filing.

Power Source Disclosure Report and Power Content Label
Each year, Ava reports electricity purchases and retail sales to the CEC through the PSDR, which contains a breakdown of energy purchases over a calendar year for each retail plan, and uses each resource’s GHG emissions factor to calculate the plan’s GHG emissions intensity.

The CEC uses this data from each electricity retail seller serving load in CA to generate a total CA system power mix by source. Additionally, Ava discloses the power mix and GHG emissions intensity for each retail plan, alongside the CA power mix on the PCL, which allows customers to compare their power content to the total California power mix. Ava provides the PCL to customers through a mailer and on the Ava website. The GHG emissions intensity may only be reported through the PCL and not on any other platform.

Table 1: Ava’s 2025 Power Content Label data
Consent Item 6
Methodology
In preparing the PSDR, staff populates the template with electricity purchases from generation that occurred during the calendar year. Delivered renewable energy credits (RECs) are tracked using the Western Renewable Energy Generation Information System (WREGIS) and carbon free purchases, including electricity from Large Hydroelectric generation, are tracked using either meter data or E-tags. The E-tags trace the generation from the source to the delivery location. All the purchased generation is compared against invoices for accuracy, and retail sales are counted using the settlement quality meter data from our accounting service, which is Ava’s system of record for sales. Staff then internally reviews the complete PSDR to ensure accuracy in reporting prior to submission to the CEC.

Committee Recommendation
Not applicable.

Attachments
Not applicable.

Consent Item 7
Consent Item 7
To: Ava Community Energy Authority
From: Matthew Chiodo – Senior Analyst, Power Resources
Subject: Adopting two Resolutions (1) Authorizing the Chief Executive Officer to Negotiate and Execute a First Amendment to the Power Purchase Agreement with ESCA-PLD-SANLEANDRO1, LLC and (2) Authorizing the Chief Executive Officer to Negotiate and Execute a First Amendment to the Power Purchase Agreement with ESCA-PLD-HAYWARD1, LLC
Date: October 21, 2026
__________________________________________________________________ Recommendation
(1) Adopt a Resolution authorizing the Chief Executive Officer to negotiate and execute a First Amendment to the Power Purchase Agreement with ESCA-PLD-SANLEANDRO1, LLC. (2) Adopt a Resolution authorizing the Chief Executive Officer to negotiate and execute a First Amendment to the Power Purchase Agreement with ESCA-PLD-HAYWARD1, LLC.

Analysis and Context
In February 2024, the Ava Community Energy (“Ava”) Board of Directors (“Board”) approved the execution of five Power Purchase Agreements (“Agreements”) with Prologis, Inc. for solar projects located in Ava’s service territory (the “DAC Portfolio”). These solar projects are part of two California Public Utilities Commission (“CPUC”) funded programs: the Disadvantaged Communities Green Tariff (“DAC-GT”) and Community Solar Green Tariff (“CSGT”). These programs intend to promote development of renewable generation within Disadvantaged Communities (“DAC”) and offer primarily California Alternate Rates for Energy (“CARE”) and Family Electric Rate Assistance (“FERA”) program customers living in a DAC access to 100 percent renewable energy supply and a 20 percent discount on electricity bills.

Consent Item 7
The DAC Portfolio totals 7.28 MW of renewable energy from commercial rooftop solar projects in Ava’s service territory, including rooftop solar projects in Oakland, San Leandro, Hayward, and two projects in Tracy. This portfolio of long-term contracts is intended to serve approximately 3,920 customers in Ava’s service territory, consistent with the CPUC’s rules for the DAC-GT program1. Of the five projects, Oakland achieved commercial operation of August 31, 2026, and San Leandro and Hayward are under construction.

Within the DAC Portfolio, two projects, ESCA-PLD-SANLEANDRO1, LLC (“San Leandro”) and ESCA-PLD-HAYWARD1, LLC (“Hayward Commerce Center”), have experienced interconnection delays during their development, making the commercial operation milestones currently unreachable. These challenges are caused by delays in the interconnection process managed by Pacific Gas and Electric (“PG&E”). PG&E is the party responsible for syncing projects to the distribution system. Due to the delays, contract amendments are necessary to increase the number of days from 180 to 365 before the occurrence of an Event of Default under the PPAs. The current schedule estimates that the San Leandro project will achieve commercial operation on April 9, 2027, and that the Hayward project will achieve commercial operation on May 14, 2027. Both projects were originally expected to achieve commercial operation on April 1, 2026. Similar delays occurred to the Tracy 2 and Tracy 12 DAC Projects which were brought to the Board for amendments to their commercial operation date and approved in February 2026.

When these two projects come online, they will provide valuable benefits to Ava customers, including bill savings for customers eligible for the Disadvantaged Community Green Tariff program. Both projects are expected to become operational in the spring of 2027. Once completed, the projects will become the second and third DAC projects to be built and operational within Ava’s service territory. On November 18, 2024, Ava’s advice letter seeking additional eligible DAC-GT program volumes was approved by the CPUC, allowing Ava to increase the number of customers enrolled in the program. Currently, 3,920 Ava customers are enrolled in the DAC program. Below is a table with enrolled customers by city within Ava’s service territory:

City # DAC-GT Customers
Berkeley 28
Emeryville 65
French Camp 16
Hayward 120
Lathrop 58
Manteca 14
Newark 46
Oakland 1,691
1 CPUC D.18-06-027
Consent Item 7
San Leandro   276
San Lorenzo 1
Stockton 1,335
Tracy 189
Union City 81
Total 3,920
Attachments
A. Resolution of the Board of Directors of Ava Community Energy Authority Authorizing the Chief Executive Officer to Negotiate and Execute a First Amendment to the Power Purchase Agreement with ESCA-PLD-SANLEANDRO1, LLC
B. Resolution of the Board of Directors of Ava Community Energy Authority Authorizing the Chief Executive Officer to Negotiate and Execute a First Amendment to the Power Purchase Agreement with ESCA-PLD-HAYWARD1, LLC
Attachment Consent Item 7A
RESOLUTION NO. R-2026-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CHIEF

EXECUTIVE OFFICER TO NEGOTIATE AND EXECUTE A FIRST
AMENDMENT TO THE POWER PURCHASE AGREEMENT WITH ESCA-PLD-SANLEANDRO1, LLC WHEREAS Ava Community Energy Authority (“Ava”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, under the Joint Exercise of Powers Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The Cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of Ava and parties to the Joint Powers Agreement (“JPA”) in March of 2020. The City of Stockton, located in San Joaquin County, was added as a member of Ava in September of 2022. The City of Lathrop, located in San Joaquin County, was added as a member to Ava in October of 2023. San Joaquin County was added as a member to Ava in July 2024. On October 24, 2023, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception; and
WHEREAS Ava issued the 2022 Disadvantage Communities Green Tariff and Community Solar Request For Offer in December 2022; and WHEREAS Ava executed a Power Purchase Agreement (“PPA”) with ESCA-PLD-SANLEANDRO1, LLC (“Seller”) on February 22, 2024; and WHEREAS the PPA is for 1 mega-watt of Solar Energy with an Expected Commercial Operation Date of April 1, 2026; and
WHEREAS Ava staff is negotiating a first amendment to the PPA with the Seller to amend the number of allowable delay days before triggering an event of default.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Chief Executive Officer, in consultation with staff and legal counsel, is hereby authorized to negotiate and execute a First Amendment to the Power Purchase Agreement with ESCA-PLD-SANLEANDRO1, LLC to increase the allowable days to 365 days before the occurrence of an Event of Default under the PPA.

Attachment Consent Item 7A
ADOPTED AND APPROVED this 21st day of October, 2026.

Betsy Andersen, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
Attachment Consent Item 7B
RESOLUTION NO. R-2026-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CHIEF

EXECUTIVE OFFICER TO NEGOTIATE AND EXECUTE A FIRST
AMENDMENT TO THE POWER PURCHASE AGREEMENT WITH ESCA-PLD-HAYWARD1, LLC WHEREAS Ava Community Energy Authority (“Ava”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, under the Joint Exercise of Powers Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The Cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of Ava and parties to the Joint Powers Agreement (“JPA”) in March of 2020. The City of Stockton, located in San Joaquin County, was added as a member of Ava in September of 2022. The City of Lathrop, located in San Joaquin County, was added as a member to Ava in October of 2023. San Joaquin County was added as a member to Ava in July 2024. On October 24, 2023, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception; and
WHEREAS Ava issued the 2022 Disadvantage Communities Green Tariff and Community Solar Request For Offer in December 2022; and WHEREAS Ava executed a Power Purchase Agreement (“PPA”) with ESCA-PLD-HAYWARD1, LLC (“Seller”) on February 22, 2024; and WHEREAS the PPA is for 0.56 mega-watt of Solar Energy with an Expected Commercial Operation Date of April 1, 2026; and
WHEREAS Ava staff is negotiating a first amendment to the PPA with the Seller to amend the number of allowable delay days before triggering an event of default.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Chief Executive Officer, in consultation with staff and legal counsel, is hereby authorized to negotiate and execute a First Amendment to the Power Purchase Agreement with ESCA-PLD-HAYWARD1, LLC to increase the allowable days to 365 days before the occurrence of an Event of Default under the PPA.

Attachment Consent Item 7B
ADOPTED AND APPROVED this 21st day of October, 2026.

Betsy Andersen, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board

Consent Item 8
Consent Item 8
To: Ava Community Energy Authority
From: Brett Wiley, Program Manager
Subject: Authorizing CEO to Negotiate and Execute two Main Services Agreement amendments with Lunar Energy Limited to Update SmartHome Charging Program Scope
Date: October 21, 2026
__________________________________________________________________ Summary/Recommendation
Adopt a resolution authorizing the Chief Executive Officer to negotiate and execute two amendments to the Main Services Agreement (“MSA”) with Lunar Energy Limited (“Lunar Energy”). The Second Amendment would clarify and revise the scope for the SmartHome Charging program after learnings in Year 1 and extend the managed charging scope end date from March 31, 2027 to December 31, 2027. The Third Amendment would allow Lunar Energy to subcontract with automakers as additional managed charging providers, pending Ava’s review and approval.

Ava initially contracted with Lunar Energy on July 3, 2024 to provide Ava with a Distributed Energy Resource Management System (“DERMS”) as part of Ava’s Virtual Power Plant. Lunar Energy subsequently subcontracted with Optiwatt to launch and manage a managed home charging program on behalf of Ava, called SmartHome Charging.

The First Amendment was executed March 3, 2025 and extended the MSA term to March 31, 2027 and clarified administrative contract provisions.

Financial Impact
Consent Item 8
These amendments will not increase the currently approved budget of $2,300,000 for the SmartHome Charging Program scope.

Analysis and Context
According to the California Energy Commission, there are more than 168,000 EVs registered in Alameda and San Joaquin Counties as of April 2026. Currently, many customers charge in the afternoon during higher cost, higher carbon hours of the day.

Relatedly, over half of these customers are not enrolled in a dedicated EV or electrification Time of Use (“TOU”) rates. Ava’s SmartHome Charging program (the “Program”) aims to address these issues by optimizing when and how Ava customers charge their EVs, reducing peak demand and the associated greenhouse gas (“GHG”) emissions while lowering Ava’s procurement costs and customers’ fuel costs.

Launched in March 2025, Ava’s SmartHome Charging program allows customers to enroll their vehicle or home charger into a platform that manages their charging to optimize electricity costs while still meeting each customer’s specific charging needs.

Customers set their target charge and deadline, and the platform optimizes the charging process to meet those parameters. Most participants save money on their energy costs and reduce GHG emissions, while Ava can shift and shape EV load to reduce procurement costs and portfolio-wide emissions, which benefits all Ava customers.

Participants also receive an enrollment incentive and monthly performance-based incentives to encourage enrollment and ongoing participation.

In Year 1, Optiwatt, Lunar Energy’s sub-contractor, enrolled over 2,700 devices and met five of the Program’s six load-management and customer experience key performance indicators (“KPIs”). The one KPI not met in Year 1 was on-peak charging, which was reduced by 46% instead of the 50% reduction target.

While the Program has had success, enrollment and retention were the Program’s main challenges. Some Ava customers have not enrolled because they did not “want another phone app.” Other customers had trouble staying enrolled because their automakers required software updates and additional steps to connect to third-party service providers like Optiwatt. Ava believes customers will be more likely to enroll in SmartHome Charging if customers can participate through an app they already use for their EV.

Currently, only 3.3% of EVs in Ava’s service area are enrolled in a managed charging program offered by Ava or PG&E. There’s a high market potential to have more EVs under management, which Ava believes will improve with a more integrated program Consent Item 8
enrollment experience through the automakers’ existing EV phone apps. Ava estimates that 68% of its current EV market can participate today, or will soon be able to, in utility programs offered directly by automakers or managed charging providers through the customer’s existing vehicle app.

In Year 2 of the program, Ava will implement the lessons learned from Year 1 and refine its programmatic approach with Lunar Energy to extract additional learnings from already enrolled customers. At the same time, Lunar Energy will onboard automakers as additional vendors and extract comparative learnings around automaker channel marketing, customer experience, and load management performance through newly enrolled participants that also leverage Lunar Energy as our DERMS provider.

The Second Amendment will refine the scope of managed charging with Lunar and their management of third-party service providers like Optiwatt, while the Third Amendment will permit Lunar to subcontract directly with automakers, subject to Ava’s approval, to bring additional services and enrollments into the program. The MSA already allows Lunar Energy to bring on additional managed charging vendors; this amendment codifies the specific terms governing that expansion for SmartHome Charging.

Attachment
A) Resolution of the Board of Directors of Ava Community Energy Authority Authorizing the CEO to Negotiate and Execute Two Amendments to the Existing Consulting Main Services Agreement with Lunar Energy Limited for the SmartHome Charging Program
Attachment Consent Item 8A
RESOLUTION NO. R-2026-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CEO TO

NEGOTIATE AND EXECUTE A SECOND AMENDMENT TO THE MAIN SERVICES

AGREEMENT WITH LUNAR ENERGY LIMITED FOR THE SMARTHOME CHARGING

PROGRAM
WHEREAS Ava Community Energy Authority (“Ava”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, under the Joint Exercise of Powers Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of Ava and parties to the Joint Powers Agreement (“JPA”) in March of 2020. The city of Stockton was added as a member to Ava in September of 2022. The city of Lathrop was added as a member to Ava in October of 2023. San Joaquin County was added as a member to Ava in July 2024. On October 24, 2023, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception.

WHEREAS Ava and Lunar Energy Limited (“Lunar Energy”) entered into that certain Main Services Agreement dated July 3, 2024 (“Agreement”), under which Lunar Energy agreed to, among other things, implement the SmartHome Charging Program (the “Program”) that leverages their Distributed Energy Resource Management System and management of third-party service providers, like Optiwatt, to enroll and retain Ava customers, for a not-to-exceed (“NTE”) amount of $2,300,000; and WHEREAS the Program launched on March 27, 2025, and, in its first year, enrolled over 2,700 devices and effectively met the load management key performance indicators; and
WHEREAS Ava and Lunar Energy entered into a First Amendment to the Agreement to extend the term to March 31, 2027, add an Operational Service Level Agreement for the managed charging program, and clarify administrative contract provisions; and
WHEREAS as of April 2026, there are more than 168,000 electric vehicles (“EVs”) domiciled in Alameda and San Joaquin Counties, yet only 3.3% of EVs in Ava’s two-county service area are enrolled in a managed charging program by Ava or PG&E, while 68% of Ava’s current EV market currently has or will soon have the potential to participate in utility managed charging programs through direct partnerships with automakers; and
Attachment Consent Item 8A
WHEREAS Ava seeks to effectively manage the home charging load of its customer’s EVs to reduce Ava’s procurement costs and portfolio emissions while helping its customers lower their electricity bills; and WHEREAS Ava desires to amend the Agreement to refine the scope of managed charging; extend the Agreement’s managed charging scope through December 31, 2027; and expand Lunar’s management of third-party service providers, like Optiwatt, while also permitting Lunar Energy to subcontract directly with automakers, subject to Ava’s approval; and
WHEREAS the proposed Second and Third Amendments to the Agreement does not increase the NTE amount of $2,300,000.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The CEO, in consultation with staff and legal counsel, is hereby authorized to negotiate and execute two Amendments to the Main Services Agreement with Lunar Energy Limited to, among other things: (1) revise the scope of the SmartHome Charging Program; (2) extend the scope end date to December 31, 2027; and (3) allow Lunar Energy Limited to subcontract with automakers as additional managed charging providers, subject to Ava’s approval.

ADOPTED AND APPROVED this 21st day of October, 2026.

Betsy Andersen, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board

Consent Item 9
Consent Item 9
To: Ava Community Energy Authority
From: Cody Vaughn, Customer Operations Analyst
Subject: Amendment to Rate Setting Policy
Date: October 21, 2026
___________________________________________________________________ Summary/Recommendation
Staff recommends adopting an amendment to the Rate Setting Policy to update the agency name, streamline the rate setting process, and establish accessibility standards.

Financial Impact
There is no direct fiscal impact associated with these administrative policy updates.

Analysis and Context
Ava’s Rate Setting Policy was originally approved by Ava’s Board of Directors on September 26, 2018, and subsequently amended on December 18, 2019, and May 18, 2022, to address changes in the billing engine configuration and to streamline the community workshops process.

Staff recommends updating the Rate Setting Policy to remove references to the agency’s former name, East Bay Community Energy, eliminate certain prescriptive committee requirements, and establish formal accessibility standards.

Consent Item 9
Staff recommends updating the agency name from East Bay Community Energy to Ava Community Energy in the Rate Setting Policy. This administrative modification replaces all outdated references across the policy to ensure consistency and clarity across active policies.

Staff recommends removing the requirement to first present the value proposition analysis and preliminary recommendations specifically to the Executive Committee. The proposed policy allows staff to present its analysis of PG&E rates and preliminary recommendations for the value proposition at any of Ava’s standard public meetings, including meetings of a subcommittee, the Executive Committee, or the Board of Directors. Staff has edited Section 5 “Board meeting.” The Community Advisory Committee (CAC) presents their own discussion and findings to the Board, therefore staff does not have this responsibility and have removed it from the Policy. The proposed policy also removes the requirement that the process return to the Executive Committee if the Board requests further analysis. Instead, staff would bring a revised recommendation to a subsequent Board meeting, or first to the Executive Committee or a subcommittee if directed by the Board. These changes provide staff greater administrative flexibility to adapt to changing operational demands.

Finally, Staff recommends adding a new section to establish formal accessibility standards within the Rate Setting Policy. This section ensures that individuals who require special assistance, or disability-related modifications and accommodations, can fully participate in the rate-setting process. It also formalizes the procedure for requesting alternative formats for all distributed rate-setting materials and establishes a clear timeline for submitting accommodation requests.

Attachments
A. Resolution to amend and restate the Rate Setting Policy to update the agency name, streamline the rate setting process, and establish accessibility standards B. Third Amended and Restated Rate Setting Policy
Attachment Consent Item 9A
RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY

AMENDING AND RESTATING THE RATE SETTING POLICY TO UPDATE THE

AGENCY NAME, STREAMLINE THE RATE SETTING PROCESS, AND ESTABLISH

ACCESSIBILITY STANDARDS
WHEREAS, Ava Community Energy Authority (“Ava”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, under the Joint Exercise of Powers Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of Ava and parties to the Joint Powers Agreement (“JPA”) in March of 2020. The city of Stockton was added as a member to Ava in September of 2022. The city of Lathrop was added as a member to Ava in October of 2023. San Joaquin County was added as a member to Ava in July 2024. On October 24, 2023, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception; and WHEREAS, on September 26, 2018, the Board approved by motion a Rate Setting Policy; and
WHEREAS, on December 18, 2019, the Board approved an amendment to the Rate Setting Policy to allow for rate setting by vintage; and WHEREAS, on May 18, 2022, the Board approved an amendment to the Rate Setting Policy to streamline the community workshops process; and WHEREAS, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception, necessitating an update of agency policies to maintain clarity and accuracy; and
WHEREAS, the Rate Setting Policy currently requires staff to first present its analysis and preliminary recommendations for Ava’s value proposition to the Executive Committee; and
WHEREAS, Ava desires to allow staff to first present the value proposition at any public meeting of the Board, Executive Committee or Subcommittee to allow for greater administrative flexibility during the rate setting process; and Attachment Consent Item 9A
WHEREAS, Ava is fully committed to ensuring accessibility to all members of the public, including individuals with disabilities; and
WHEREAS, Ava desires to formalize and incorporate accessibility accommodation standards within its Rate Setting Policy;

NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Board of Directors hereby adopts the Third Amended and Restated Rate Setting Policy, which, among other things, replaces references to “East Bay Community Energy” with “Ava Community Energy”, expands the public meetings at which staff may first present its analysis and preliminary recommendations on Ava’s value proposition, and adds accessibility accommodation standards.

ADOPTED AND APPROVED this 21st day of October 2026.

Betsy Andersen, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
Attachment Consent Item 9B

THIRD AMENDED AND RESTATED RATE SETTING POLICY
Policy Number:

Approval Date:

Agenda Item: {To be added by Clerk}
Approved by Resolution: {To be added by Clerk}
I. Purpose
This policy serves to provide direction to Ava staff on actions related to electric rates.

II. Rate Actions
a. Rate Setting
Ava Staff must receive Board approval to revise the service level value propositions (e.g. offering a greater or lesser discount on Bright Choice). b. Rate Setting Process
Ava’s Implementation Plan and Statement of Intent (August 2017) states that “Ava will review its rates at a minimum once a year”.

The rate review and setting process is as follows:

1. Board, Executive Committee, or Subcommittee meeting. Staff will provide a staff report containing analysis of PG&E rates and preliminary recommendations for changes to Ava’s value proposition, if any, at a public meeting of the Board, Executive Committee, or Subcommittee.

2. Community workshops. In a year when there is a proposed change to the value proposition, staff will conduct community workshops. Based on feedback received at a Board, Executive Committee, or Subcommittee meeting, staff will revise analysis if needed, and solicit comments from the community. This will be achieved through a minimum of two (2) community meetings in geographically diverse locations, or online in a webinar-style format.

Staff will consolidate feedback fromthese meetings into a supporting document that will be presented to the Board.

3. Written comments. When there is a proposed change to the value proposition, written comments will be accepted in lieu of, or in addition to, verbal comments made during these community workshops. A period of time will be designated for written Attachment Consent Item 9B
comments. A specific email address will be provided to the public to submit comments, along with a clear deadline for submission.

4. Community Advisory Committee meeting. The CAC will receive a presentation from staff and discuss the staff recommendation.

5. Board meeting. Staff will present analysis, findings, and recommendations , including feedback from the public. The Board will have the opportunity to vote on staff recommendations. If the Board requests further analysis, staff will present a revised recommendation at a subsequent Board meeting, or at the Board’s discretion, first to the Executive Committee or Subcommittee.

6. Accessibility. Ava will accommodate individuals who need special assistance or a disability-related modification or accommodation to participate in the rate setting process, or wish to request an alternative format for the rate setting process materials.

Accommodation requests should be made to staff at least 2 working days before the accommodation is needed.
c. Rate Modification
Ava Staff is authorized to adjust Ava’s rates to maintain the approved value proposition for each service level. If there are changes to PG&E generation rates or fees that result in a more beneficial value proposition for customers, Ava Staff is authorized to not adjust the rates.

Consent Item 10
Consent Item 10
To: Ava Community Energy Authority
From: Eleanor Smith, Account Rates and Equity Sr. Manager Subject: Approve Ava’s revised Net Energy Metering Policy Tariff which updates terminology and clarifies the treatment of Net Energy Metering Fuel Cell customers
Date: 10/21/2026
__________________________________________________________________ Summary/Recommendation
Staff proposes revisions to the Net Energy Metering (NEM) tariff to update terminology and clarify the billing treatment of NEM Fuel Cell customers. These revisions do not change existing policy or practice.

Financial Impact
N/A
Analysis and Context
Ava has revised the terminology in its NEM tariff to clarify its existing NEM policies and reduce customer confusion. The terms “monthly billing plan” and “annual billing plan” replace “monthly true-up” and “annual true-up,” respectively. All customers, regardless of their billing plan, undergo an annual true-up, and the term “NEM cash-out” is no longer used in the tariff. These changes align the NEM tariff with updates to customer-facing materials.

Ava’s NEM tariff is also updated to clarify the treatment of NEM Fuel Cell customers, specifying that they are ineligible to receive net surplus electricity compensation, consistent with California Public Utilities Code Section 2827.10(f)(3).

Consent Item 10
These revisions are intended solely to update terminology and clarify existing practices.

Attachments
A. Resolution to Adopt a Revised Net Energy Metering Policy Tariff B. Seventh Amended and Restated Net Energy Metering Service Policy Tariff (Redlined)
Attachment Consent Item 10A
RESOLUTION NO. R-202x-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF THE AVA COMMUNITY ENERGY AUTHORITY ADOPTING A REVISED

NET ENERGY METERING POLICY TARIFF
WHEREAS Ava Community Energy Authority (“Ava”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, under the Joint Exercise of Powers Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of Ava and parties to the Joint Powers Agreement (“JPA”) in March of 2020. The city of Stockton was added as a member to Ava in September of 2022. The city of Lathrop was added as a member to Ava in October of 2023. San Joaquin County was added as a member to Ava in July 2024. On October 24, 2023, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception.

WHEREAS The Board of Directors approved an initial Net Energy Metering (“NEM”) Policy on February 21, 2018, and amended Policies on December 5, 2018, February 20, 2019, December 16, 2020, May 17, 2021, October 19, 2022, and March 19, 2025; WHEREAS Ava is updating customer-facing NEM materials to improve clarity around Ava's existing NEM policy; and
WHEREAS The Net Energy Metering Policy tariff is revised to update terminology and to clarify the billing treatment of NEM Fuel Cell customers

NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Board of Directors hereby adopts the Seventh Revised Net Energy Metering Policy tariff, which updates terminology and clarifies the billing treatment of NEM Fuel Cell customers.

ADOPTED AND APPROVED this 21st day of October 2026.

Attachment Consent Item 10A
Betsy Andersen, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
Updated 02.20.19, 06.19.19, 12.16.20, 03.17.21, 10.19.22, 2.14.25, 10.16.25 Attachment Consent Item 10B
Ava Community Energy Net Energy Metering Policy

6.57.0 ELECTRIC SCHEDULE NEM ‐ NET ENERGY METERING SERVICE SixthSeventh Amended and Restated Net Energy Metering Service Policy APPLICABILITY:

This net energy metering (NEM) schedule is applicable to a customer who uses an eligible Renewable Electrical Generation Facility, as defined in PG&E’s Electric Schedule NEM (http://www.pge.com/tariffs), within the capacity limits described in PG&E’s Electric Schedule NEM that is located on the customer’s owned, leased, or rented premises, is interconnected and operates in parallel with PG&E’s transmission and distribution systems, and is intended primarily to offset part or all of the customer’s own electrical requirements (hereinafter “eligible customer generator” or customer”).

This rate schedule is available on a first‐come, first‐served basis to customers that provide PG&E with a completed PG&E NEM Application and comply with all PG&E NEM requirements as described in PG&E Electric Schedule NEM. This includes customers served by NEMV (Virtual Net Energy Metering), NEMVMASH (Virtual Net Energy Metering for Multifamily Affordable Housing), NEMA (NEM Aggregation) and Multiple Tariff facilities as described by PG&E Electric Schedule NEM.

DEFINITIONS:

Original Jurisdictions: Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Oakland, Piedmont, San Leandro, Union City and the unincorporated area of Alameda County
Customer type definitions:

Standard Ava NEM: All NEM customers who do not fall into the below groups.

Legacy Municipal NEM: All mMunicipal NEM customers from Ava's original jurisdictions that had an interconnection date between 6/1/2018 and 4/1/2021.

CARE/FERA Ava NEM: All CARE/FERA NEM customers with an interconnection date after beginning electric service under Ava. whose systems were interconnected after Ava began providing electric service in the jurisdiction where they are located.

Rates: All rates charged under this schedule will be in accordance with the eligible customer generator’s otherwise‐applicable Ava rate schedule (OAS), which includes their rate schedule and Ava service level (i.e. Bright Choice or Renewable 100). An eligible customer‐generator served under this schedule is responsible for all charges from its OAS including monthly minimum charges, customer charges, meter charges, facilities charges, demand charges and surcharges, and all other charges owed to Ava or PG&E. Charges for energy (kWh) supplied by Ava, will be Updated 02.20.19, 06.19.19, 12.16.20, 03.17.21, 10.19.22, 2.14.25, 10.16.25 Attachment Consent Item 10B
based on the net metered usage in accordance with this tariff.

Billing: Customers with NEM service will be billed as follows:
a) Standard Ava NEM customers may choose between a monthly or annual true-up option.billing plan.

Standard Ava NEM customers will be defaulted to a monthly true-up, billing plan where they pay monthly for any net charges not covered by their NEM credits. Those who prefer to pay once a year can opt into the annual billing plan where any net charges are due as part of the April true-up. andCustomers may select their preferred true-up cyclebilling plan once per year before March 1, effective following the next April cash-out/ true-up period.

CARE/ FERA Ava NEM and Legacy Municipal NEM customers must be enrolled in athe monthly true-up cycle billing plan.
b) For a customer with Non‐Time of Use (TOU) Rates:

Any net consumption or production shall be valued monthly asfollows:

If the eligible customer‐generator is a “Net Consumer,” having overall positive usage over a billing cycle, the eligible customer‐generator will be billed or debited in accordance with the eligible customer‐generator’s OAS.

If the eligible customer‐generator is a “Net Generator,” having overall negative usage over a billing cycle, any net energy production shall be valued at the OAS plus any additional incentive payment as applicable (e.g. for new installations for CARE/ FERA Ava NEM accounts). The calculated value of any net energy production shall be credited to Ava customers as described in Section (cd).
c) For a customer with TOU Rates:

Any net consumption or production shall be valued monthly asfollows:

If the eligible customer‐generator is a Net Consumer (as defined above) during any discrete TOU period, the net kWh consumed during such period shall be billed or debited in accordance with applicable TOU period‐specific rates/charges, as described in the eligible customer‐generator’s OAS.

If the eligible customer‐generator is a Net Generator (as defined above) during any discrete TOU period, the net kWh produced during such period shall be valued in consideration of the applicable TOU period‐specific rates/charges, as described in the eligible customer‐ generator’s OAS, plus any additional incentive payment as applicable (e.g. for new installations for CARE/ FERA Ava NEM accounts). The calculated value of any net energy production during a specific TOU period shall be credited to Ava customers as described in Section (cd).
d) Settlement of Ava Charges/Credits:

NEM customers will receive a statement in their monthly PG&E bills indicating any accrued Updated 02.20.19, 06.19.19, 12.16.20, 03.17.21, 10.19.22, 2.14.25, 10.16.25 Attachment Consent Item 10B
charges for their usage during the current billing cycle. Customers who have accrued credits during previous billing cycles will see these credits applied against current charges.

1. Monthly True-Up
For customers on a monthly true-up cycle, any remaining balance is due and must be paid during each monthly billing cycle.

Annual True-Up
For customers on an annual true-up cycle, any remaining balance will appear as a debit on the bill and roll over, until the annual true-up in April.

For customers on a monthly billing plan, any remaining balance is due and must be paid each monthly billing cycle. For customers on an annual billing plan, any remaining balance will appear as a debit on the bill and roll over until the annual true-up in April.

When a customer’s net energy production results in a net bill credit over a billing cycle, the value of any net energy production, during the billing cycle,shall be noted on the customer’s bill and carried over as a bill credit for use in subsequent billing period(s).

Monthly credits are valuedcalculated as follows based on customer definitiontype:

Customer Type Bill Credit per kWh
Standard Ava NEM Customer Retail*
Legacy Municipal NEM Customer Retail* + $0.01
CARE/FERA Ava NEM Customer Retail* + $0.01
*Equivalent to the generation rate you are charged for powerreceived from Ava e) Ava Annual True-Up and Cash‐Out:

Customers on an annual true-up cycle are eligible for the annual true-up and/or cash-out.

Customers on a monthly true-up are eligible for the cash-out.

1. Annual True-Up
Standard Ava NEM customers on an annual true-up cycle may owe Ava money during the April true-up period. Any amount owed will be tracked monthly on the customer’s bill, as a debit, and will be due at the true-up period. Customers on an annual true-up that have surplus kWh are eligible for the cash-out as described in section (e)2.

2. Cash-Out
During the April billing cycle of each year, all current NEM customers with a cash-out credit balance of more than $100 will be offered a direct payment by check for this balance. Any cash-out credit balance will be determined as of the final date of the customer’s March‐ April billing Cycle (i.e. the first bill period ending on or after April 1). Customers who participate in the Ava Cash‐Out or transfer process will have an equivalent credit removed from their NEM account balance at the time of check issuance or transfer. In the event that a customer’s credit balance is less than $100, such credits will continue to be tracked by Ava and will remain on the customer’s account for future use (i.e., reduction of future Ava charges).

Updated 02.20.19, 06.19.19, 12.16.20, 03.17.21, 10.19.22, 2.14.25, 10.16.25 Attachment Consent Item 10B
During the April billing cycle of each year, all Ava NEM customers will undergo an annual true-up to reconcile their Ava generation charges and credits.

Customers whose energy consumption exceeds their available NEM credits will owe Ava for any outstanding charges. Customers on the annual billing plan will pay all outstanding charges accrued during the year at the April true-up, while customers on the monthly billing plan will owe only the charges incurred during the current billing cycle.

Customers who generated more electricity than they consumed during the preceding 12 months are eligible for an annual true-up credit for their surplus kWh.

Customers who close their electric account through PG&E or move outside of the Ava service area prior to the April billing cycle of each year are also eligible for the annual Ava true-up and cash‐out process.

Ava will, at least once each year, conduct an audit of the CARE/FERA NEM customers to ensure that eligible CARE/FERA NEM customers are included in the CARE/FERA NEM program.

Cash-OutAnnual true-up credits are valuedcalculated as follows based on customer type:

Customer Type Annual Payout Credit per kWh
Standard Ava NEM Customers PG&E Net Surplus Compensation (NSC) Legacy Municipal NEM Customers Retail* + $0.01
CARE/FERA Ava NEM Customers Retail* + $0.01
*Equivalent to the generation rate you are charged for power received from Ava The credit balance will be determined as of the final date of the customer’s March-April billing cycle (i.e. the first bill cycle ending on or after April 1). Customers with a credit balance of less than $100 will receive a rollover credit that will remain on their accounts for future use toward Ava generation charges. Customers with a credit balance of $100 or more will receive a direct payment for the balance. Once the customer’s annual surplus kWh are reconciled and converted to an annual credit, either as a rollover credit or direct payment, the customer’s accumulated NEM balance from monthly credits is reset to zero.

Customers who close their electric account through PG&E or move outside of the Ava service area prior to the April billing cycle of each year are also eligible for the annual Ava true-up process.

Ava will, at least once each year, conduct an audit of the CARE/FERA NEM customers to ensure that eligible CARE/FERA NEM customers are included in the CARE/FERA Ava NEM program.
f) Return to PG&E Bundled Service:

Ava customers with NEM service may opt out and return to PG&E bundled service at any time. Customers should be advised that PG&E will perform a true‐up of their account at the time of return to PG&E bundled service and that PG&E’s standard terms for transitional rates apply to customer returns with less than a six‐month advance notice, if they have been an Ava customer for 60 days or more.

If any Ava NEM customer opts out of the Ava program and returnsto PG&E bundled service, Ava will cash‐out directly pay the customer for any remaining surplus kWh generation credits on Updated 02.20.19, 06.19.19, 12.16.20, 03.17.21, 10.19.22, 2.14.25, 10.16.25 Attachment Consent Item 10B
the account (using the approach detailed in section de above). and mail a check to the billing address.
g) PG&E NEM Services:

All Ava NEM customers are subject to the conditions and billing procedures of PG&E for their non-generation services, as described in PG&E’s Electric Schedule NEM and related PG&E tariff options addressing NEM service. Customers should be advised that while Ava settles out balances for generation on a monthly or annual basis, PG&E will continue to assess charges for delivery, transmission and other services. Most NEM customers will receive an separate annual true-up from PG&E (on their NEM interconnection anniversary with PG&E) for these non-generation services.

Customers are encouraged to review PG&E’s most up‐to‐date NEM tariffs, which are available from PG&E.
h) Aggregated NEM
Per the California Public Utilities Code Section 2827(h)(4)(B), aggregated NEM customers are “permanently ineligible to receive net surplus electricity compensation.” Therefore, any excess accrued credits over the course of a year under an aggregated NEM account are ineligible for payment via Ava’s annual Cash‐Outtrue-up process as described in section (de).

All other NEM rules apply to aggregated NEM accounts.
i) NEM Fuel Cell (NEM FC)
Per the California Public Utilities Code Section a 2827.10(f)(3), NEM fuel cell customers are ineligible to receive net surplus electricity compensation. Therefore, any excess credits accrued over the course of a year under a NEM FC account are ineligible for payment via Ava’s annual true-up process as described in section (e).

Consent Item 11
Consent Item 11
To: Ava Community Energy Authority
From: Annie Henderson, Chief Customer Officer
Subject: Notice of Selection for Customer Programs Strategy Engagement Consultant
Date: October 21, 2026
__________________________________________________________________ Summary/Notice
Staff provides notice that it will enter into a consulting services agreement with the Institute for Local Government (ILG), with CivicWell as its subconsultant, to facilitate external stakeholder engagement for Ava’s Customer Programs Strategy. The contracted value falls within the Chief Executive Officer’s $250,000 signature authority.

Given the level of board and public interest in this work and for comprehensive disclosure and transparency, staff is providing the Board with an update on the status of this contract.

The scope for external stakeholder engagement includes six targeted stakeholder discussions, five in-person public workshops, two virtual public workshops, and a synthesis of feedback to inform Ava’s strategy.

The Executive Committee received an update on this agreement at their October 7, 2026 meeting. Board member comments and public comments were supportive of the selected bidder and the selection process.

Financial Impact
Consent Item 11
This contract has a not-to-exceed (NTE) amount of $242,365 for the term of November 2026 through December 2027.

Analysis and Context
Ava is developing a Customer Programs Strategy to guide customer program decisions over the next five years. Staff will lead the strategy and internal engagement with Board and Community Advisory Committee ad hoc groups, municipal staff, and Ava subject matter experts. Ava will also engage through its regular public meetings and customer surveys. The engagement consultant will lead the separately scoped targeted discussions and public workshops, then document and synthesize input for staff to consider in developing the strategy.

Request for Proposals and Evaluation
Ava issued the engagement consultant Request for Proposal (RFP) in July 2026 and received nine conforming proposals by the August 27 deadline. The RFP sought an approach to targeted stakeholder meetings and public workshops, accessible participation, project coordination, and concise synthesis of feedback. Bidders were asked to price two scopes. Option 1 included three targeted meetings, two in-person workshops, and one virtual workshop; Option 2 included six targeted meetings, five in-person workshops, and two virtual workshops. Staff recommended Option 2 at the September Community Advisory Committee and Board meetings, and both bodies supported the broader engagement scope.

Staff evaluated the proposals against the RFP criteria, including stakeholder engagement approach, project management and delivery, team qualifications and relevant experience, cost, and applicable procurement preferences. Four bidders advanced to interviews during the week of September 14. Staff considered the written proposals, interviews, and subsequent scope and pricing discussions in selecting ILG and CivicWell.

Selection of Institute for Local Government and CivicWell The Institute for Local Government (ILG) is a nonprofit organization based in Sacramento and located in a disadvantaged community. ILG would serve as the contract lead, with CivicWell, another nonprofit organization, as a subconsultant.

Together, the team brings extensive experience designing and facilitating inclusive stakeholder engagement processes for public agencies, with a focus on incorporating community input into decision-making, building long-term relationships, and engaging communities most impacted by climate and policy decisions.

Consent Item 11
The ILG and CivicWell team demonstrated strong experience facilitating discussions across climate, energy, transportation, and other public-sector topics with diverse stakeholder groups. ILG has applied its engagement approach through work with local governments, regional agencies, and state partners, including the San Joaquin Council of Governments, California Strategic Growth Council, and California Air Resources Board. CivicWell complements this experience with decades of climate and energy expertise and established relationships with local governments, Community Choice Aggregators, Regional Energy Networks, utilities, state agencies, and community-serving organizations. Through the California Climate and Energy Collaborative and other regional convenings, CivicWell has experience bringing together diverse stakeholders to identify priorities, needs, challenges, and opportunities for action.

Staff also valued ILG’s existing relationships in San Joaquin County, where Ava is continuing to build connections with community organizations and stakeholders. While several proposers demonstrated strong relationships in Alameda County, ILG brought particularly relevant experience and connections in San Joaquin County and identified opportunities to help Ava expand its relationships in the region.

The ILG and CivicWell team also presented a clear and well-organized approach in both its proposal and interview and demonstrated the communication and facilitation skills needed for this assignment. The combined ILG and CivicWell team has sufficient capacity to support multiple engagement activities concurrently, allowing planning, outreach, facilitation preparation, technical coordination, and documentation to advance in parallel.

ILG’s proposed cost of approximately $242,000 was below the average proposal received for the same scope and was considered reasonable relative to the team’s proposed approach, qualifications, and level of effort. Overall, the team’s engagement and facilitation expertise, relevant climate and energy experience, local relationships, project capacity, and proposed cost support staff’s recommendation to select ILG and CivicWell for this work.

Next Steps
Contract negotiations are underway. Staff anticipates a kickoff in November 2026 and consultant-supported engagement to take place in January through June 2027. Under the Administrative Procurement Policy, the Chief Executive Officer has authority to sign agreements under $250,000.

Attachments
A. October 7, 2026 Executive Committee Slide Deck
Consent Item 11
B. Form of Consulting Services Agreement with example scope of work Receive Staff Report on
Customer Programs
Strategy Engagement
Consultant Selection
Executive Committee
10/7/26
Attachment Consent Item 11A
Agenda, Background, &
Timeline
2 Attachment Consent Item 11A
Agenda
3 • Project Background & Timeline
• Overview of Broad Engagement Plan
• Overview of Responses to External Engagement Request For Proposals (RFP) • Recommended Bid Selection
▪ Qualifications
▪ Additional Rationale
▪ Summary of Cost & Hours
▪ Team: Key Personal & Program Managers
• Conclusion & Next Steps
Attachment Consent Item 11A
Background
Staff is working on a Customer Programs Strategy that will guide programmatic decisions for the next 5 years.

As a critical part of this effort, staff seeks to contract with an engagement consultant who can facilitate stakeholder discussion groups and public workshops, and summarize stakeholder and public responses to inform the Customer Programs Strategy.

Following our Administrative Procurement Policy, staff issued a Request for Proposals in July 2026, received 9 conforming bids in August 2026, and selected a respondent to perform the desired work. This presentation provides information on the selected party with whom we plan to execute a Consulting Services Agreement. 4 Focus for today’s agenda item:

Receive a report on staff’s recommended Customer Programs Strategy engagement consultant selection and intended path to contract execution
Attachment Consent Item 11A
Timeline
5 Issuance of RFP July 24, 2026
Deadline to submit proposals August 27, 2026
Finalist interviews Week of September 14, 2026
Presentation of RFP responses to the Board September 16, 2026 Bidder Selection Week of September 21, 2026
Final negotiations Underway
Presentation of selected bidder to Executive Committee October 7, 2026 Contract Approval by Board of Directors October 21, 2026

TENTATIVE TIMELINE FOR ENGAGEMENT ACTIVITIES
Kickoff meeting Ava and Consultant November 2026
Consultant-Supported Engagement begins January 2027
Consultant-Supported Engagement ends June 2027
Attachment Consent Item 11A
Engagement Plan and RFP
Response Overview
6 Attachment Consent Item 11A
Overview of Engagement
7 • Ava staff will facilitate all internal engagement with ad hoc groups and subject matter experts and external engagement through presentations at regular public meetings and customer surveys. • The consultant will facilitate external engagement through focused group discussions and public workshops.

Internal
Ad Hoc Group of Board
Ad Hoc Group of CAC
Ad Hoc Group of Local Municipal Staff
Ava Staff Subject Matter Experts
External
Targeted Stakeholder Meetings
(still TBD, below are likely groups)
● Local Community Based Organizations
● Labor
● Industry
● Agriculture Customers
● Large Commercial Customers
● Small & Medium Commercial Customers
General Public
● Survey Data
● Public Workshops
Regular Public Meetings of Board and CAC
Attachment Consent Item 11A
Summary of Scope and Responses
8 Across 9 bids Option 1 Option 2
Minimum Bid Response $74,000 $124,000
Maximum Bid Response $364,000 $507,000
Average $172,000 $267,000
Engagement Activity Option 1 Option 2
Targeted Stakeholder Meetings 3 6
In-Person Public Workshops 2 5
Virtual Public Workshops 1 2
Total Engagements 6 13
At the September CAC and
Board meetings, staff
recommended proceeding
with Option 2 for the scope
of external engagement
activities.

This recommendation was
supported by both CAC and
the Board.

Attachment Consent Item 11A
Staff Bid Selection
9 Attachment Consent Item 11A
Selected Bidder
10 After conducting interviews with four bidders, staff has selected the Institute for Local Government, and their sub-consultant CivicWell.

Stakeholder Engagement Expertise - ILG has more than a decade of experience designing and implementing inclusive, equity-centered engagement processes.

ILG’s engagement work focuses on the following elements:
• Meaningful engagement that incorporates community input into decisions and outcomes • Consistent application of authentic engagement practices across programs and initiatives • Focus on building trust and long-term relationships with communities and stakeholders • Prioritization of communities most impacted by environmental and policy decisions Facilitation Expertise - CivicWell has extensive experience facilitating regional convenings with diverse stakeholder groups. Two examples include Regional Energy and Climate Hubs (REACH) and Catalyst Convenings. • As the administrator of the California Climate and Energy Collaborative (CCEC), CivicWell convenes and coordinates community-serving organizations and government agencies in regions across the state through REACH.These convenings provide an avenue for ongoing engagement with state agencies, share knowledge and best practices, and help stakeholders identify and document the region’s priorities, needs, and challenges. • CivicWell also collaborates with the California Governor’s Office of Land Use and Climate Innovation (LCI) and the California StrategicGrowth Council (SGC) to convene a series of regional Catalyst Convenings across the state to help each region advance community-driven climate and land use priorities.

Relevant Subject Matter Expertise - ILG has applied their approach across a range of climate, sustainability, and other planning efforts, including work with cities of San Diego, Maywood, and La Puente; the Strategic Growth Council; San Joaquin Council of Governments; California Air Resources Board; and voter engagement work with Orange County. CivicWell complements that experience with more than four decades of climate and energy work and established engagement with California local governments, Community Choice Aggregators, Regional Energy Networks, utilities, state agencies, and other energy-sector partners.

Project Management and Synthesis - The team has sufficient capacity to accommodate multiple engagement activities concurrently and adjust quickly as Ava needs or timing evolves. The integrated ILG-CivicWell team structure also provides flexibility to advance meeting planning, technical content development, outreach, facilitation preparation, and documentation concurrently during periods of concentrated engagement.

Qualifications
Attachment Consent Item 11A
Selected Bidder - Institute for Local Government
11 Staff expertise and capacity: The combined ILG and CivicWell team brings extensive experience in facilitation and engagement with our target audience in the topic areas that we wish to discuss. They have committed the necessary time to deliver a high quality work product for our customers that will strengthen the strategy that comes out of the engagement efforts.

Local Relationships: While many bidders had examples of strong relationships in Alameda County, fewer had strong alliances in San Joaquin County. Ava Community Energy has, over the course of the last 8+ years of service, developed relationships with local groups and community-based organizations in Alameda County, and we are actively building those relationships in San Joaquin County. ILG had numerous examples of San Joaquin-based relationships and repeatedly noted their desire to help us expand our connections in this region, which is a clear value-add to this effort.

Clarity of proposal and interview: ILG submitted a strong proposal, with clear examples of relevant work and descriptions of the approach to the scope presented in the RFP. Their interview presentation exhibited their strong communication skills, an essential to the work of engaging with our stakeholders.

Pricing: ILG’s hourly rates, distribution of staff hours, total hours, and direct costs are reasonable and meet our expectations. Their total bid of approximately $242,000 fell in the middle of the range of responses received and below the average bid.

Additional considerations: ILG is a non-profit located in a disadvantaged community in Sacramento. CivicWell is also a non-profit.

Additional Rationale for Selection
Attachment Consent Item 11A
Highlights of Their Work
12 Project: Stockton Mobility Collective: Sustainable
Transportation and Equity Project Implementation Grant
● Client: San Joaquin Council of Governments
● Years: 2021-2024
The Stockton Mobility Collective is a multi-partner initiative designed to expand equitable access to clean transportation through electric bikeshare and carshare, EV charging
infrastructure, mobile ticketing, financial incentives, and workforce development. ILG designed and implemented
community engagement informing program siting, design, and implementation. The engagement created a direct feedback loop between residents, community partners, and program implementers, allowing the project team to identify barriers, test assumptions, and refine decisions related to program design, siting, incentives, and implementation.

As part of a larger scope, ILG coordinated a peer learning network connecting public agencies, community-based
organizations, and teams responsible for related climate and community investments across the region. ILG also facilitated the bi-monthly STEP Steering Committee, bringing together resident advisors, CBOs, public agencies, and project partners to gather community input, identify implementation barriers, problem-solve emerging issues, and refine program offerings.

Project: State/Local Energy and Climate Coordination
● Client: California Climate and Energy Collaborative
(a consortium of the Regional Energy Networks)
● Years: 2023-2026
The State/Local Energy and Climate Coordination (SLECC) initiative brings state and local leaders together to identify barriers, priorities, and practical opportunities for
accelerating California’s energy and climate goals. As
administrator of the California Climate and Energy
Collaborative (CCEC), CivicWell convenes SLECC
in partnership with state-agency Steering Partners, including the California Strategic Growth Council.

CivicWell designs and coordinates recurring virtual and in-person convenings and maintains a Priorities and Solutions Dashboard documenting issues including building
decarbonization, energy efficiency, transportation
electrification, community resilience, climate action planning, meaningful engagement and access to funding.

Through these activities, CivicWell helps surface local implementation challenges and connect state and local
perspectives on how energy and climate programs, resources and assistance can be delivered more effectively.

Attachment Consent Item 11A
Summary of Cost & Hours
13 Bid Response for Option 2 Option 1
(for reference)
Labor (970 total hours) $169,865 $109,465
Direct Expenses
- Travel
- Meeting facilities, refreshments, & supplies
- Translation & interpretation costs
- Stakeholder Stipends / CBO mini-grants
$72,500 $32,500
TOTAL $242,365 $141,965
Staffing (Quantity of Dedicated Staff) Percentage of Hours CEO / Strategic Advisor (2) 12%
ILG Director/Project Lead (1) 18%
ILG Program Manager (2) 46%
ILG Administrative Manager (1) 1%
CW Senior Program Manager (1) 9%
CW Program Associate (1) 14%
Hours Across Tasks Percentage of Hours
Task 1: Project Management & Coordination 19%
Task 2: Stakeholder Engagement 63%
Task 3: Stakeholder Feedback Synthesis 18%
Attachment Consent Item 11A
Key Personnel
14 Melissa Kuehne brings more than 15 years of
experience leading public-sector projects
involving community engagement, facilitation,
technical assistance, training and multi-partner
coordination. As ILG’s Director of Enterprise
Programs and Special Projects, she manages
complex statewide and regional initiatives and
works with public agencies, community-based
organizations, residents and other partners to
design engagement processes, facilitate
stakeholder dialogue, manage project delivery,
and translate stakeholder input into practical
findings and next steps. Her experience includes
clean transportation and mobility, climate and
sustainability initiatives, statewide technical
assistance, and public engagement training for
California local agencies.

Project Lead Strategic Advisor Strategic Advisor
Erica L. Manuel is CEO and Executive Director
of ILG and brings more than 20 years of
experience in public engagement, customer
education, strategic communications, and
stakeholder strategy. Her background
includes nearly a decade in senior leadership
at the Sacramento Municipal Utility District
(SMUD), where she led customer and
community outreach on rates, clean energy
programs, emerging technologies, and other
customer-facing initiatives. Across her utility
and public-sector work, Erica specializes in
translating complex information for diverse
audiences, understanding customer and
community priorities, and connecting
stakeholder input to program and policy
decisions.

Bernadette Austin has served as Chief
Executive Officer of CivicWell since 2023,
supporting local leaders transforming vision
into action in their communities. She leads a
nonprofit organization with a 40-year track
record of inspiring, equipping, connecting, and
cultivating leaders working toward a more
sustainable and resilient future. Previously,
she served as Executive Director of a research
center where she co-led research projects with
the world’s top research universities including
a study on pandemic-era regional migration
and transportation decarbonizing for the
California Environmental Protection Agency.

Bernadette also spent a decade working in
public finance and community development.

Attachment Consent Item 11A
Program Managers (46% of hours)
15 Hanna Stelmakhovych Nikita Sinha
Hanna Stelmakhovych brings 11 years of
experience advancing inclusive community
engagement with underserved communities,
local agencies, and multi-sector partners,
designing participatory processes grounded
in community priorities. At ILG, she leads
projects that convene stakeholder groups,
design bilingual outreach and workshops, and
deliver trainings that have equipped over 600
local government staff statewide with the
skills and tools to implement authentic
community engagement. A collaborative,
trilingual practitioner, Hanna provides
coaching, facilitation, partnership
development, grant writing, and technical
assistance to local governments and partners
on climate, air quality, land use,
transportation, and environmental justice
topics.

Nikita Sinha brings more than seven years of
experience supporting California local
agencies and communities on climate, clean
mobility, sustainability, and resilience
initiatives. As a Program Manager with ILG,
she provides technical assistance, leads
community engagement, and builds
partnerships to help local agencies move
climate and sustainability priorities toward
implementation. Her experience includes clean
mobility and transportation electrification
initiatives, climate action and resilience
planning, statewide sustainability programs,
and capacity building for underserved
jurisdictions.

Attachment Consent Item 11A
Conclusion & Next Steps
16 Attachment Consent Item 11A
17 Staff recommends negotiating and executing a consulting services agreement with the Institute for Local Government for approximately $242,000 for a scope of work that materially aligns with what was outlined in the RFP and necessary to execute and report on 6 stakeholder discussions, 5 in-person public workshops, and 2 virtual workshops.

Under the Administrative Procurement Policy, the Chief Executive Officer has authority to sign agreements under $250,000. Given the level of board and public interest in this work and for comprehensive disclosure and transparency, staff will report out on the status of this contract as part of the October Board of Directors meeting consent agenda.

Attachment Consent Item 11A
18 Attachment Consent Item 11A
1 October 2026 Consulting Services Agreement
Signature: [companySignerSignature_KPpknIy]
By: [companySignerName_F4OqAwu]
Date: [companySignerDateField_kADuwEz]
Approval as to
Form:
[approvalAsToFormSignature_yPxy4LU]
Address: 1999 Harrison Street, Suite 2300
Oakland, CA 94612
Ava Notice Emails: [email protected] with a cc to:
[email protected]
Ava Community Energy
Authority (“Ava”)
Relationship
Manager:

Allison Schmidt
Signature: [counterpartySignerSignature_xbAWUWT]
By: [counterpartySignerName_CDDO66l]
Date: [counterpartySignerDateField_vztquxC]
Notice Attn: Melissa Kuehne
Phone:

Notice Address: 1400 K Street, Suite 205, Sacramento, California 95814, United States
Institute for Local
Government
a 501(c)(3) non-profit
(“Consultant”)
Notice Email(s): [email protected]
Effective Date This agreement is effective as of November 1, 2026.

Expiration Date December 31, 2027
Not To Exceed (“NTE”) $242,000.00
Summary Engage a vendor for stakeholder engagement services for the Customer Programs Strategy effort.

April 2026 template.

This Consulting Services Agreement (the “Agreement”) is made by and between Ava Community Energy Authority, a joint powers authority formed under the laws of the State of California (“Ava”), and the counterparty set forth above (“Consultant”) as of the Effective Date. Ava and Consultant are herein referred to as “Parties” or individually as a “Party.”

1. Recitals
DRAFT Attachment Consent Item 11B
2 1.1. Ava Recitals. Ava is an independent joint powers authority duly organized under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) with the power to conduct its business and enter into agreements.

1.2. Consultant Recitals. Consultant possesses the skill, experience, ability, background, certification and knowledge to complete the Work described in Section 3 of this Agreement pursuant to the terms and conditions described herein.

NOW THEREFORE, for good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the Parties to this Agreement, agree as follows:

2. Term. The term of this Agreement begins as of the Effective Date of this Agreement ends as of the Expiration Date, unless terminated earlier pursuant to Section 8 (Termination).

3. Scope of Work/Compliance with Laws and Regulations.

3.1. Work. Consultant agrees to perform the scope of work (the “Work”) in Exhibit A in accordance with the schedule in Exhibit B.

3.2. Requirements. Consultant represents and warrants that it has the skill and expertise to perform the Work. Consultant agrees to obtain any and all necessary licenses, approvals or permits necessary to perform the Work. Consultant further represents and warrants that, to the best of the Consultant’s knowledge upon reasonable diligence, the Consultant has not contracted to provide Data Brokerage or Extreme Vetting services to the United States Immigration and Customs Authority since January 2025.

Consultant agrees not to provide such services during the Term of the Agreement. For the purposes of this provision, (i) “Data Brokerage” means (A) the collection of information, including information about consumers, from multiple sources for the purpose of reselling that information to private-sector businesses and government agencies; and (B) the aggregation of data that was collected for another purpose from that for which it is ultimately used; and (ii) “Extreme Vetting” means data-mining, threat modeling, predictive risk analysis, or other similar service.

3.3. Legal Compliance. Consultant and its contractors, consultants, sub-suppliers, affiliates, agents and any other person or entity with whom the Consultant contracts in furtherance of this Agreement (collectively “Subconsultants”) must comply with all federal, state and local laws and regulations in performing the Work under this Agreement. Without limiting the foregoing, if work required to be performed by the Consultant is a “public work” as defined in California Labor Code Section 1720, then pursuant to the provisions of Labor Code Sections 1725.5 and 1771, the Consultant shall be registered with the Department of Industrial Relations (“DIR”), and will pay and require subcontractors to pay the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to perform this Agreement, as established by the DIR. As of the execution of this Agreement, these rates may be obtained at:
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Consultant shall provide a copy of prevailing wage rates to any staff, contractor and/or Subconsultant hired by Consultant for this Agreement and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.

Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to Ava, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, is paid less than the applicable prevailing wage rates for any work done under this Agreement, by them or by any subcontractor under them, in violation of the provisions of the Agreement.

4. Consultant Staffing. Exhibit C contains a list of Consultant’s principal and all team members. Consultant will not change or substitute the principal or any team members or add additional team members without consultation with Ava.

5. Subconsultants.

5.1. Approved Subconsultants. Consultant agrees to use only those Subconsultants listed on Exhibit D.

Consultant shall notify Ava within a reasonable period of time of any changes, additions, or removals of a Subconsultant.

DRAFT Attachment Consent Item 11B
3 5.2. Subconsultant Compliance. Consultant agrees to require all Subconsultants to comply with the terms of this Agreement, including without limitation, the public works requirements in Section 3.3, the insurance obligations under Section 9, the confidentiality requirements under Section 11, and the requirement to indemnify Ava as provided in Section 12.

6. Invoicing and Payment.

6.1. Time and Materials. If the Work under this Agreement is to be performed on a time and materials basis, Consultant must submit invoices to Ava on a monthly basis, complete with the name of the individual that conducted the Work, the time spent, and a brief description of the tasks performed during that time. If requested by Ava, Consultant must include the contract number provided by Ava and the total compensation remaining on the Agreement on each monthly invoice. Notification to Ava should be provided once the contract budget has been used up by 80% (including invoiced work and work that may not have been invoiced yet) the amount of which is set forth in Exhibit E. Invoices must be submitted to Ava by the 20th of the month following the month in which Consultant performed the Work.

6.2. Milestone. If the Work under this Agreement is to be performed on a task or project basis, the Consultant will submit an invoice within thirty (30) days of completing the project to the satisfaction of Ava for full payment, unless other arrangements have been made.

6.3. Markups. Ava will not agree to pay any markups on Subconsultant services or supplies unless such markups are included in Exhibit E, Compensation/Budget and such markups were included in Consultant’s bid, if applicable.

6.4. Payment Processing. The following are conditions on Ava’s obligation to process any payments under this Agreement:

6.4.1. If the Consultant is a U.S. based person or entity, the Consultant must provide to Ava a properly completed Internal Revenue Service Form W-9 before Ava will process payment. If the Consultant is a U.S based person or entity but has neither a permanent place of business in California nor is registered with the California Secretary of State to do business in California, the Consultant must provide Ava with a properly completed California Franchise Tax Board form related to nonresident withholding of California source income before Ava will process payment.

6.4.2. If the Consultant is not a U.S. based person or entity, the Consultant must provide Ava with the applicable Internal Revenue Service form related to its foreign status and a California Franchise Tax Board form related to nonresident withholding before Ava will process payment.

6.5. Payment. Ava agrees to pay undisputed invoices within forty-five (45) days of receipt. Invoices may be sent to Ava by U.S. mail or electronic mail to [email protected]. Invoices will be deemed received on the next business day following the date of receipt via electronic mail or three days after receipt via U.S. mail. Notwithstanding anything to the contrary in this Agreement or any related document, Ava shall have no obligation to remit payment for fees in excess of the NTE.

6.6. Members. Ava, as a joint powers authority, is a separate public entity from its constituent members and will be solely responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. Consultant acknowledges that it will have no rights and agrees not to make any claims, take any actions or assert any remedies against any of Ava’s constituent members in connection with this Agreement.

7. Records Retention and Ownership of Work Product.

7.1. Records. The Consultant must retain all ledgers, books of accounts, invoices, vouchers, cancelled checks, background materials, or other records relating to its performance under this Agreement for a period of three (3) years following termination of this Agreement.

7.2. Ownership. Ava owns all rights, including without limitation, all licenses, copyrights, service marks and patents, in and to all Work Product(s), whether written or electronic, without restriction or limitation upon their use and immediately when and as created by the Consultant, any Subconsultants, or any other person engaged directly or indirectly by the Consultant to perform under this Agreement. “Work Product(s)” means all writings, reports, drawings, plans, data, video, media, photographs, renderings, DRAFT Attachment Consent Item 11B
4 plans, software, models, and other similar documents and materials developed or created by Consultant or its Subconsultants on behalf of or for use by Ava under this Agreement. All Work Product(s) will be considered “works made for hire,” and together with any and all intellectual property rights arising from their creation will be and remain the property of Ava without restriction or limitation upon their use, duplication or dissemination by Ava. Consultant agrees not to obtain or attempt to obtain copyright protection in its own name for any Work Product.

8. Termination.

8.1. Upon Notice. Ava may terminate this Agreement for any reason by giving Consultant written notice.

The termination notice may set the date of termination, but if no such date is given, termination is effective seven (7) days following the date of the written notice.

8.2. For Breach. Ava may terminate this Agreement immediately upon written notice for any material breach of this Agreement by Consultant or any of its Subconsultants. If Ava terminates this Agreement for cause and obtains the same services from another consultant at a greater cost, the Consultant is responsible for such excess costs in addition to any other remedies available to Ava.

8.3. Completion Option. Upon termination for any reason, Ava has the option of requiring the Consultant to complete work up to the date of termination or to cease work immediately. Ava has the further option to require Consultant to provide Ava any finished or unfinished Work or Work Product prepared by the Consultant up to the date of termination.

8.4. Payment. Ava will pay Consultant the reasonable value of services satisfactorily rendered by the Consultant to Ava up to the date of written notice of termination. If Ava authorizes Consultant to continue performing the Work through the date of termination, Ava will pay Consultant the reasonable value of services satisfactorily rendered up through the date of termination, providing such services are in compliance with the Compensation/Budget in Exhibit E.

8.5. Return of Work Product. Upon termination of this Agreement, and at no cost to Ava, Consultant, its Subconsultants and anyone working for Ava under control of Consultant must return all Work Product to Ava and cooperate with any subsequent consultant during any transition. Consultant may only retain copies of the Work Product by express written permission of Ava.

9. Insurance

9.1. Proof of Insurance. Consultant must procure, maintain and comply with the insurance requirements in Exhibit F throughout the full term of this Agreement. Consultant must provide proof of insurance either in the form of a certificate of insurance or, if requested by Ava, a copy of the insurance policy, prior to performing any work under this Agreement.

9.2. Ongoing Coverage. Consultant agrees to stay in compliance with the insurance coverage requirements during the term of this Agreement. Consultant must give Ava ten (10) days written notice and obtain Ava’s written approval prior to making any modifications that would reduce its insurance coverage.

9.3. Subconsultant Coverage. Consultant must either include Subconsultants under its insurance policies or require each Subconsultant to comply with the insurance obligations in Exhibit F.

10. No Discrimination or Conflict of Interest

10.1. Non-Discrimination. Consultant represents and warrants, on behalf of itself and its Subconsultants, that it has not and will not discriminate against anyone based on his/her age, color religion, sex, sexual orientation, disability, race, national origin, or any other protected category under state or federal law.

10.2. Conflict of Interest. Consultant represents and warrants, on behalf of itself and its Subconsultants, that it is familiar with local, state and federal conflict of interest laws, that in entering into this Agreement it is not violating any of the conflict of interest laws, that it will avoid any conflicts of interest during the term of this Agreement, and that it will notify Ava immediately if it identifies any conflicts of interest Consultant understands that violations of this Section 10 could result in immediate termination of this Agreement and disgorgement of compensation.

DRAFT Attachment Consent Item 11B
5 11. Confidentiality

11.1. Non-Disclosure. Except as authorized by Ava or as otherwise required by law, Consultant shall not disclose to any third party any draft or final Work Product, discussions or written correspondence between Consultant and its Subconsultants or discussions or written correspondence between Consultant and Ava staff. In the event Consultant receives a request from any third party requesting disclosure of any Work Product, discussions, communications or any other information Consultant is prohibited from disclosing, Consultant will immediately notify Ava and wait for direction from Ava before disclosing the information.

11.2. Third Parties. For the purposes of this Section 11, “third party” refers to any person or group other than Ava staff and Board members. For example, “third parties” include community groups, Board advisory groups, other governmental agencies, other consultants or members of the community.

11.3. Confidentiality Survival. This Section 11 will survive the expiration or termination of this Agreement.

11.4. Public Records Act. The Parties understand and agree that (1) this Consulting Services Agreement is subject to public disclosure under the California Public Records Act (“CPRA”); (2) a request pursuant to the CPRA may obligate Ava to disclose this Agreement, in whole or in part, to the requestor; and (3) Consultant is solely responsible for the inclusion of any information herein that Consultant may consider sensitive and should not include sensitive information within this Agreement.

12. Indemnity

12.1. General Indemnity. Except with regard to any matter involving professional negligence, Consultant agrees, at its sole cost and expense, to indemnify, defend with counsel reasonably approved by Ava, and protect and hold harmless Ava, its officers, directors, employees, agents, attorneys, designated volunteers, successors and assigns, and those Ava agents serving as independent contractors in the role of Ava staff (collectively “Ava Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, penalties, judgements, liens and losses of whatever nature (“Claims”) that arise, directly or indirectly, in whole or in part, out of or are in any way related to Consultant’s or Subconsultant’s performance or failure to perform the Work under this Agreement, regardless of whether the Consultant or its Subconsultants acted or failed to act intentionally, willfully, recklessly or negligently. Consultant agrees that its indemnity and defense obligations include all costs and expenses, including all attorney fees, expert fees, mediation, arbitration, or court costs in connection with the defense. Consultant further agrees to indemnify, defend, protect and hold harmless Indemnitees from and against any breach of this Agreement and any infringement of patent rights, trade secret, trade name, copyright, trademark, service mark or any other proprietary right of any person(s) caused by Ava’s use of any services, Work Product or other items provided by Consultant or its Subconsultants under this Agreement.

12.2. Professional Negligence. With regard to any matter involving professional negligence, Consultant agrees, at its sole cost and expense, to indemnify, defend with counsel reasonably approved by Ava, and protect and hold harmless the Ava Indemnitees from and against any and all Claims to the extent arising out of or resulting from Consultant’s or Subconsultant’s negligence, recklessness, or willful misconduct. In no event shall the cost to defend charged to Consultant exceed the Consultant’s proportionate percentage of fault.

12.3. Exceptions. Consultant’s obligations in Subsections 12.1 and 12.2 do not apply to the extent any Claim results from the negligence or willful misconduct of the Ava Indemnitees.

12.4. Indemnitees. Except as limited by Subsection 12.2, Consultant’s obligation to defend Ava applies to the maximum extent allowed by law and includes defending Indemnitees as set forth in California Civil Code sections 2778 and 2782.8.

12.5. Insurance. The Consultant’s obligations under Section 12 apply regardless of the existence or amount of insurance the Consultant carries or has made available to Ava.

DRAFT Attachment Consent Item 11B
6 12.6. Indemnification Survival. The Parties agree that this Section 12 survives the expiration or earlier termination of the Agreement.

13. Consultant is an Independent Contractor

13.1. Relationship of the Parties. Consultant and its Subconsultant(s) are and at all times will be independent contractors. Consultant has complete control over its operations and employees and is not an agent or employee of Ava and must not represent or act as Ava’s agent or employee.

Consultant agrees, on behalf of itself and its employees and Subconsultants, that it does not have any rights to retirement benefits or other benefits accruing to Ava employees, and expressly waives any claim it may have to any such rights.

13.2. Relationship of Subconsultants. As an independent contractor, Consultant has complete control over its Subconsultants. Subject to the requirements of Section 5 of this Agreement, Consultant is solely responsible for selecting, managing and compensating its Subconsultants, and for ensuring they comply with this Agreement.

14. Miscellaneous Terms and Conditions

14.1. Ava Authority. The Chief Executive Officer or his/her designee is authorized to take all actions under this Agreement, including without limitation, amendments that fall within the Chief Executive Officer’s signing authority, termination or modification of terms.

14.2. Waiver. Waiver by either party of any one or more conditions, Sections, provisions or performance of this Agreement will not be a waiver of any other provision; nor will failure to enforce a provision or Section in one instance waive the right to enforce such provision or Section in the future.

In no event will payment by Ava to Consultant constitute or be construed as a waiver by Ava of any breach or default of this Agreement, nor will such payment prejudice any of Ava’s other rights or remedies.

14.3. Governing Law. Consultant and Ava agree that this Agreement will be interpreted under the laws of the State of California.

14.4. Venue. Any litigation resulting from this Agreement will be filed and resolved by a state court in Alameda County, California, or if appropriate, the federal courts in the Northern District of California located in San Francisco.

14.5. Audit Rights. All records or documents required to be kept pursuant to this Agreement must be made available for audit at no cost to Ava, at any time during regular business hours, upon written request by Ava. Copies of such records or documents shall be provided to Ava at Ava’s offices unless an alternative location is mutually agreed upon.

14.6. Recitals and Exhibits. The Recitals in Section 1 above are intentionally made a part of this Agreement. All Exhibits and any other documents incorporated by reference are a part of this Agreement.

14.7. Notices. Notices to Ava shall be effective upon delivery to all email addresses in Ava Notice Emails, above. .Any notices required to be given to Contractor under this Agreement must be made in writing and may be delivered a) personally, in which case they are effective upon receipt; b) by U.S.

Mail, in which case they are effective three (3) days following deposit in the U.S. Mail, unless accompanied by a return receipt in which case, they are effective upon the date on the receipt; or c) by electronic mail, in which case they are effective upon confirmation of receipt, and if no confirmation of receipt, they are effective one day after transmission. All notices to Contractor must be sent to the Notice Address or Notice Email(s).

14.8. Assignment. Except to the extent this Agreement authorizes Consultant to use Subconsultants, Consultant will not assign any part of this Agreement without Ava’s prior written consent. Ava, at its sole discretion, may void this Agreement if a violation of this provision occurs.

14.9. Integrated Agreement. The Recitals, this Agreement and the Exhibits attached to this Agreement contain the complete understanding between Ava and Consultant and supersedes any DRAFT Attachment Consent Item 11B
7 prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral respecting the Work up through the Effective Date of this Agreement.

14.10. Amendments. Any and all amendments or modifications to this Agreement must be made in writing and signed by each Party before such amendment will be effective.

14.11. Government Claims Act. Nothing in this Agreement waives the requirements to comply with the California Government Claims Act (Government Code Section 810 et seq.), where applicable.

14.12. Severability. If a court of competent jurisdiction holds any Section or part of this Agreement to be invalid or unenforceable for any reason and the Work can still be performed, the Parties agree to sever the invalid or unenforceable Section from this Agreement and that all remaining Sections or parts of this Agreement will continue to be enforceable.

14.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together will constitute one and the same instrument and each of which will be deemed an original.

14.14. No Party Deemed Drafter. This Agreement will be considered for all purposes as prepared through the joint efforts of the Parties and will not be construed against one Party or the other as a result of the preparation, substitution, submission, or other event of negotiation, drafting or execution hereof.

14.15. Supplier Diversity. Ava is required to report to the California Public Utilities Commission (“CPUC”) on their diverse suppliers, as defined by CPUC General Order 156. Consistent with the California Public Utilities Code and California Public Utilities Commission policy objectives, Consultant agrees to document and provide information to Ava regarding Consultant’s status and any engagement of women, minority, disabled veteran, persons with disabilities, and LGBT owned business enterprises in its completion of the Work under this Agreement. Specifically, Consultant agrees to complete Ava’s Supplier Diversity questionnaire, which may be updated or revised during the term of the Agreement, and otherwise reasonably cooperate with Ava to provide the information described above. Consultant shall provide such information in the timeframe requested by Ava and in no event later than January 31 of the year following the Effective Date of this Agreement.

LIST OF EXHIBITS
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: SCHEDULE
EXHIBIT C: CONSULTANT STAFFING
EXHIBIT D: SUBCONSULTANTS
EXHIBIT E: COMPENSATION/BUDGET
EXHIBIT F: INSURANCE REQUIREMENTS
DRAFT Attachment Consent Item 11B
8 Exhibit A

SCOPE OF WORK
The Consultant will support stakeholder engagement activities throughout the development of Ava's Customer Programs Roadmap. Ava will lead the overall roadmap development process, including stakeholder identification, roadmap analysis, program concept development, and portfolio evaluation. The Consultant will support the engagement activities identified by Ava by facilitating discussions and workshops, preparing engagement materials, coordinating meetings, and synthesizing stakeholder and community feedback into actionable findings that inform roadmap development.

Task 1. Project Management and Coordination
The Consultant shall provide project management services throughout the engagement period.

At a minimum, the Consultant shall:

Participate in a project kickoff meeting.

Develop and maintain a project schedule for engagement activities.

Participate in regular coordination meetings with Ava staff.

Coordinate upcoming engagement activities with Ava staff.

Track action items and project status.

Coordinate with Ava staff to ensure engagement activities align with roadmap milestones.

Deliverables
Project schedule
Meeting notes and action items
Task 2: Outreach Support
Consultant will support outreach efforts for stakeholder meetings and public workshops. This includes drafting outreach language, leveraging existing relationships, and providing communication to stakeholder meeting and workshop attendees.

This outreach would be intended to supplement existing Ava contacts and identified stakeholder groups.

Deliverables:

Align Ava and consultant outreach lists and identify gaps.

Draft outreach language to be used for email, website, and social media communication.

Share workshop invitations with consultant contacts in Ava service territory (including local and regional governments, RENs, and community-based organizations).

Deliver workshop and draft meeting materials and follow up communication to registrants and other stakeholders (as applicable).

DRAFT Attachment Consent Item 11B
9 Task 3: Stakeholder Engagement
The Consultant shall plan, coordinate, facilitate, and document stakeholder engagement activities that support the development of Ava's Customer Programs Roadmap. Ava will identify the stakeholder groups to be engaged, establish the objectives for each engagement activity, and provide strategic direction regarding discussion topics and desired outcomes.

The Consultant shall be responsible for developing materials, coordinating logistics, facilitating discussions, and documenting input for synthesis into the summary memoranda described in Task 43.

Stakeholder engagement will occur at key milestones during roadmap development and is anticipated to consist of two primary components: targeted stakeholder meetings and public workshops.

Total Number of Engagements
● Targeted Stakeholder Meetings: 6
● In-person Public Workshops: 5
● Virtual Public Workshops: 2
Task 3.1: Targeted Stakeholder Meetings
The Consultant shall facilitate targeted meetings with stakeholder groups identified by Ava staff, which may include community-based organizations, labor organizations, industry representatives, and other stakeholders.

These meetings are intended to gather stakeholder perspectives on customer and community needs, implementation barriers, market opportunities, and other considerations that will inform Ava's development of future customer program concepts.

Task 3.2: Public Workshops
The Consultant shall facilitate public workshops at key milestones during roadmap development. Workshops will include a combination of virtual and in-person events throughout Ava’s service territory. Consultant shall provide input on the Ava-led general public survey to ensure alignment with public workshop content.

Public workshops are anticipated to facilitate discussion to gather customer perspectives on energy needs and priorities to inform the Customer Programs Strategy’s objectives and priorities.

Stakeholder engagement meetings are anticipated to seek input from specific community and industry perspectives on program concept development
For each engagement activity, the Consultant shall:

Develop agendas, facilitation plans, presentations, discussion guides, and supporting materials Coordinate participant scheduling and meeting logistics for stakeholder meetings Coordinate scheduling and meeting logistics for public workshops, including translation and interpretation services
Coordinate incentives for community participation in the interviews and meetings such as stipends, gift cards, and/or refreshments
Facilitate discussions using methods appropriate for the intended audience Document stakeholder input and comments received from stakeholder meetings DRAFT Attachment Consent Item 11B
10 Document public input and comments received from public workshops Prepare a summary memorandum following each stakeholder meeting and public workshop Deliverables
Engagement schedule
Meeting agendas, facilitation plans, discussion guides, presentations, and supporting materials Facilitation of the stakeholder and public engagement activities included in the selected scope Documentation of stakeholder and public input collected during engagement activities Task 4. Stakeholder Feedback Synthesis
The Consultant shall synthesize stakeholder feedback collected throughout the engagement process into a concise summary memorandum that identify key themes, opportunities, concerns, and considerations relevant to development of Ava's Customer Programs Roadmap.

The memorandum should identify recurring themes, opportunities, concerns, and other findings across stakeholder groups that may inform Ava's development of future customer program concepts and recommended customer program portfolio.

Deliverables
Engagement Summary Memorandum including:
o Targeted Stakeholder Engagement Summary summarizing key findings from the targeted stakeholder meetings and identifying considerations for Ava's development of potential customer program concepts.
o Public Workshop Summary summarizing feedback received during the public workshops and identifying considerations for Ava's recommended customer program portfolio and final roadmap
Additional Services:

Consultant will not provide additional services outside of the services identified in Exhibit A, unless it obtains advance written authorization from the project manager or lead Ava representative prior to commencement of any additional services.

DRAFT Attachment Consent Item 11B
11 Exhibit B

SCHEDULE
As directed by Ava.

DRAFT Attachment Consent Item 11B
12 Exhibit C

CONSULTANT STAFFING
Team Member Organization Role FTE
Melissa Kuehne ILG Project Lead 10-17%
Hanna Stelmakhovych ILG Public Engagement Lead 14-22%
Kelsey Wolf-Cloud CivicWell Energy & Climate Co-Lead 8% Nikita Sinha ILG Energy & Climate Co-Lead 14-22%
Erica Manuel ILG Strategic Advisor 3%
Bernadette Austin CivicWell Strategic Advisor 6-8%
DRAFT Attachment Consent Item 11B
13 Exhibit D

SUBCONSULTANTS
• CivicWell
Any additional Subconsultants must be authorized in advance, in writing by Ava.

DRAFT Attachment Consent Item 11B
14 Exhibit E

COMPENSATION/BUDGET
The total not-to-exceed (NTE) budget is $242,365 and will be billed on time and materials (T&M), using the labor rates listed below.

For the purposes of Section 6.1 (Time and Materials), 80% of the total compensation under this agreement (see NTE on page 1) is $193,892.

The Consultant shall:
● Invoice Ava monthly for actual hours worked and allowable expenses incurred, itemized by SOW task. ● Track expenditures against each task's approved NTE budget. ● Notify Ava in writing when expenditures for any task are anticipated to exceed the approved task budget.
● Obtain Ava's prior written approval before exceeding any individual task budget or reallocating funds between tasks.

Hourly Rate Schedule for Personnel
Proposed Personnel Title / Project Role Hourly Rate
Erica L. Manuel ILG CEO & Executive Director / Strategic Advisor $250 Bernadette Austin CivicWell CEO / Strategic Advisor $250 Melissa Kuehne ILG Director of Enterprise Programs & Special Projects / Project Lead
$225
Hanna Stelmakhovych ILG Program Manager / Public Engagement Lead $170 Nikita Sinha ILG Program Manager / Energy & Climate Co-Lead $170 Kelsey Wolf-Cloud CivicWell Senior Program Manager / Energy & Climate Co-Lead
$125
Kristy Bivens ILG Administrative Manager / Administrative Support $150 Rosheil Ramirez CivicWell Climate & Energy Project Associate / Project Support
$100
DRAFT Attachment Consent Item 11B
15 Cost by Task
Scope of Work Cost
Task 1: Project Management & Coordination $33,190
Task 2: Stakeholder Engagement $107,525
Task 3: Stakeholder Feedback Synthesis $29,150
Direct Project Expenses $72,500
Total $242,365

DRAFT Attachment Consent Item 11B
16 Exhibit F

INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance. Consultant must procure, and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000.00) per project or location. If Consultant is a limited liability company, the commercial general liability coverage must be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. If Consultant has no employees while performing the Work under this Agreement, workers’ compensation policy is not required, but Consultant must execute a declaration that it has no employees. 4) Professional Liability/Errors & Omissions Insurance with minimum limits of Two Million Dollars ($2,000,000.00) per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Exhibit F must be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide.

C. Additional Insured/Additional Named Insured. The automobile liability policies must contain an endorsement naming Ava, its officers, employees, agents and volunteers as additional insureds. The commercial general liability policy must contain an endorsement naming Ava, its officers, employees, agents and volunteers as additional named insureds.

D. Primary and Non-Contributing. The insurance policies required under this Agreement must apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to Ava. Any insurance or self-insurance maintained by Ava, its officers, employees, agents or volunteers, will be in excess of Consultant’s insurance and will not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Agreement will not prohibit Consultant and Consultant’s employees, agents or Subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against Ava.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by Ava. At Ava’s option, Consultant must either reduce or eliminate the deductibles or self-insured retentions with respect to Ava, or Consultant must procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Consultant agrees not to cancel any insurance coverage during the term of this Agreement. Consultant further agrees not to reduce or otherwise modify the insurance policies required by this Agreement during the term of this Agreement, without the prior written approval of Ava. The commercial general and automobile liability policies required under this Agreement must be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) days’ prior written notice to Ava. If any insurance policy required under Agreement is canceled or reduced in coverage or limits, Consultant must, within two (2) business days of notice from the insurer, phone and notify Ava via electronic mail and certified mail, return receipt requested, of the cancellation of or reductions to any policy.

DRAFT Attachment Consent Item 11B
17 H. Ava Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Agreement in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements of this Exhibit F, Ava may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, Ava may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant must promptly reimburse Ava for any premium paid by Ava or Ava, in its sole discretion, may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of the Work under this Agreement, Consultant must furnish Ava with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Agreement. The endorsements are subject to Ava’s approval. Ava may request, and Consultant must provide complete, certified copies of all required insurance policies to Ava Consultant must maintain current endorsements on file with Ava. Consultant must provide proof to Ava that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant must furnish such proof at least two (2) weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant will not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify Ava under Section 12 of this Agreement.

K. Subconsultant Insurance Requirements. Consultant’s insurance coverage must include its Subconsultants or Consultant must require each of its Subconsultants that perform Work under this Agreement to maintain insurance coverage that meets all the requirements of this Exhibit F.

DRAFT Attachment Consent Item 11B

Consent Item 12
Consent Item 12
To: Ava Community Energy Authority Board of Directors
From: Kelly Brezovec, Sr. Director, Account Services
Subject: Approval of Resolution of the Board of Directors of Ava Community Energy Authority Authorizing the CEO to Negotiate and Execute Task Order No. 5 with Sacramento Municipal Utility District for Call Center and Data Management Services
Date: October 21, 2026
__________________________________________________________________ Summary/Recommendation
Sacramento Municipal Utility District (SMUD) provides critical Customer Care and Data Management Services (CCDMS) to Ava via a contract priced at a per-meter monthly service fee. Ava had entered into a Master Services Agreement (“MSA”) with SMUD for a term of approximately two years effective as of January 30, 2018, permitting Ava to execute Task Orders to purchase services, which has since been amended to be in effect through December 31, 2029. Ava and SMUD in conjunction with the MSA have entered into Task Orders to purchase services. The current Task Order expires December 31, 2026. The proposed new Task Order No. 5 is for three years and was discussed at the January 2026 Executive Committee meeting in relation to the procurement policy prior to the need for another solicitation.

The proposed new Task Order No. 5 includes a price increase from $1.10 to $1.13 per meter with an annual escalation tied to inflation. Staff has negotiated elements of Task Order No. 5, such as lower fixed fees for customer credits, including twice-annual updates of customer-facing web, phone, and email templates, and tighter schedule controls for billing system enhancements.

Consent Item 12
Staff seeks approval from the Board of Directors for Task Order No. 5 with SMUD for Call Center and Data Management Services for a three-year term, from January 1, 2027, through December 31, 2029.

Financial Impact
Ava has worked with SMUD since 2018, when Ava first started serving customers. The services have been priced at a monthly, per meter rate with additional fees for new programs or enhancements.

Per Meter Price % Annual Increase Estimated Annual
2018-2021 $1.05 $7 MM - $8.8 MM
2022-2024 $1.00 -4.7% $8.5 MM (including
Share My Data fee)
2025-2026 $1.10 10% $10.9 MM
2027 $1.13 2.7% $11.1 MM
2028 $1.15 - $1.17 2-3.5% $11.5 MM
2029 $1.19 - $1.20 2-3.5% (based on $1.16 in 2028) $12.1 MM Table 1: Historical and proposed future pricing of Ava’s contract with SMUD for CCDMS services
The annual cost, based on meters served, is expected at $11.1 million in 2027, increasing in 2028 and 2029 due to both an increase in per meter fee and growth, to $11.5 to $12.1 million per year. The growth figure was aligned with California’s Housing Element Law.

Term
In January 2026, staff brought an item to the Executive Committee to identify that this set of services would be exempt from a Request for Proposal (RFP), due to changes to the Procurement Policy. The Executive Committee agreed that no RFP was needed, agreeing that SMUD provides mission-critical products and services, which is exempt from the RFP requirement, even though the last RFP was more than five years prior. The Policy referenced in that memo was amended by a new adopted policy in April 2026; this new policy does not change the RFP requirements for "mission-critical products and services." Analysis and Context
Service and history
CCAs contract with third parties for data management services, and often, call center services (Call Center and Data Management Services, or CCDMS). SMUD, as Ava’s CCDMS provider, is responsible for critical operational services, including:
• Billing operations
• Data management
• Call center/customer service representatives
Sample activities:

Consent Item 12
Service Activities
Billing operations Ingest billing determinants from PG&E Send bill-ready billing information to PG&E
Apply payments to customer accounts
Data management Data feed conduit between PG&E and Ava
Develop and share customer characteristic reports
Ingest and share interval data feeds
Call center Respond to customer inquiries via chat, email, and phone Manage customer enrollment via web forms and IVR service Continue to update knowledge base with information about Ava programs
Table 2: Sample Activities of a CCDMS provider
Select updates to the new agreement
While the bulk of the services SMUD provides are standard, such as providing the billing information to PG&E, there are some opportunities for negotiation and inclusion of updated pricing and services. Table 3 highlights some of these differences.

Item 2025-2026 2027-2029
Per meter fee $1.10 $1.13
Common enhancements and
updates
Scheduled pricing, set at
current rates
Scheduled pricing, increased
due to inflation. Lower prices
for customer on-bill credits.

Updates to customer-facing
phone, webform, email
$50k spent in 2026 Twice annual updates included
Returning client credit n/a $1 million credit available as part of a 3-year term
Project management
standards
n/a Both parties to agree to
deadlines for planned
enhancement projects
Table 3: Task Order updates
Special consideration: alternative providers
Staff regularly monitors the energy services market and engages with potential providers and peer agencies to assess available alternatives. Based on this ongoing market review, staff has not identified another provider that currently offers the combination of customer call center capabilities, service customization, and utility operations expertise Ava receives from SMUD.

CCAs in California work with either SMUD or Calpine Energy Solutions for data management requirements. Staff’s evaluation indicates that Calpine, acquired by energy provider Constellation in 2025, does not fully meet Ava’s customized operational and customer service needs. Staff will continue to monitor the market and evaluate emerging alternatives and intends to conduct a formal competitive process when market conditions and Ava’s needs make doing so appropriate.

Consent Item 12
Committee Recommendation
On October 7, 2026, the Executive Committee discussed this agreement and recommended that the Board of Directors approve Task Order No. 5 with SMUD for Customer Care and Data Management Services.

Attachments
A. Resolution
B. SMUD Task Order No. 5 draft agreement
C. PowerPoint
Attachment Consent Item 12A
RESOLUTION NO. R-202x-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CEO TO NEGOTIATE AND EXECUTE TASK ORDER NO. 5 WITH SACRAMENTO

MUNICIPAL UTILITY DISTRICT FOR CALL CENTER AND DATA

MANAGEMENT SERVICES
WHEREAS Ava Community Energy Authority (“Ava”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, under the Joint Exercise of Powers Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of Ava and parties to the Joint Powers Agreement (“JPA”) in March of 2020. The city of Stockton was added as a member to Ava in September of 2022. The city of Lathrop was added as a member to Ava in October of 2023. San Joaquin County was added as a member to Ava in July 2024. On October 24, 2023, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception.

WHEREAS Call Center and Data Management Services (“CCDMS”) are fundamental to the efficient operation of Ava Community Energy as a CCA; and WHEREAS Ava, then East Bay Community Energy Authority, issued a Request for Proposals for CCDMS in March 2021 and selected the proposal from the Sacramento Municipal Utility District (“SMUD”) for further consideration and ultimately, a three-year agreement; and
WHEREAS Ava had entered into a Master Services Agreement (“MSA”) with SMUD for a term of approximately two years effective as of January 30, 2018, permitting Ava to execute Task Orders to purchase services; and WHEREAS Ava and SMUD subsequently amended the MSA effective as of December 20, 2020, to extend the term of the MSA until December 31, 2022; and WHEREAS Ava and SMUD again amended the MSA effective as of January 4, 2022, to extend the term of the MSA until December 31, 2024; and WHEREAS Ava and SMUD again amended the MSA effective as of December 31, 2024, to extend the term of the MSA until December 31, 2029; and WHEREAS Ava and SMUD executed Task Order 2, effective January 1, 2021, with an expiration date of December 22, 2022; and
WHEREAS Ava and SMUD subsequently amended Task Order 2 to extend the expiration date to December 31, 2024; and
Attachment Consent Item 12A
WHEREAS Ava and SMUD entered into Task Orders 3 and 4, both with an expiration date of December 31, 2026; and
WHEREAS Ava is wholly satisfied with SMUD’s CCDMS services to-date and desires to extend the relationship and continue services under Task Order 5, with updated scope and terms of compensation.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Board hereby authorizes the Chief Executive Officer to negotiate and execute, subject to the approval of General Counsel, Task Order 5, for the purposes set forth above, for a term ending on December 31, 2029, and for compensation in substantial conformance with the terms set forth in the staff report associated with this resolution.

ADOPTED AND APPROVED this 21st day October, 2026.

Betsy Andersen, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
1 Ava SMUD Task Order 5
EXHIBIT A: SCOPE OF SERVICES
Task Order 5 – Ongoing Services
SMUD and Ava (the Parties) agree to the following services, terms and conditions described in this Task Order. The Effective Date of this Task Order 5 is January 1, 2027.

1. WHEREAS, the Parties entered into a Task Order 3, effective December 18, 2024, with expiration of the term on December 31, 2026;
WHEREAS, Task Order 3 and its amendments (collectively, “Task Order 3”) addresses data management and call center services that met the requirements of Ava ongoing operations for three years; and
WHEREAS, the Parties have entered into a MSA effective 12/10/2024, with expiration of the term on December 31, 2029, and the Parties wish to (1) continue many of the same ongoing operations services in this Task Order 5 that were provided in Task Order 3, and (2) add additional services, as set forth in this Task Order 5.

1. SCOPE OF WORK
As of the Effective Date, Task Order 5 supersedes and replaces Task Order 3, and no further services are provided under Task Order 3.

The provisions of this Task Order, including exhibits, schedules and related attachments are subject to the Terms and Conditions of the MSA between the Parties. If any provisions of Task Order 5 including any exhibit schedule or related attachments conflicts or is inconsistent with any provisions in the MSA, the provisions of Task Order 5 shall take precedence unless expressly stated otherwise. Capitalized terms used in this Task Order 5, which are not defined in this Task Order 5, will have the respective meanings ascribed to them in the MSA.

SMUD will provide the following services to Ava:

1. Enrollment

2. Description of Appendices

3. Data Management Services

4. Electronic Data Exchange Services

5. Customer Information System

6. ShareMyData

7. Customer Enrollment and Program Forms

8. Interactive Voice Response Call Center Technology

9. Billing System – PG&E “Bill-Ready Option”

10. Customer Call Center

11. Qualified Reporting Entity QRE Services

12. Settlement Quality Meter Data (SQMD) Services for Wholesale Load Settlement Attachment Consent Item 12B
2 Ava SMUD Task Order 5

13. Data Feeds

14. Operational Support Services

15. Additional Services and Customizations
Additional or continued Services not included in this Scope of Work can be provided at any time during the Term of the MSA through a separate mutually agreed upon Task Order, Task Order Amendment or Work Order to this Task Order 5.

1.1. Enrollment
SMUD will continue services for Ava’s existing customers. SMUD will set up all customers for new member territories as they are enrolled, including services provided under 1.3-1.14.

1.2. Description of Appendices
Appendix A, Service Level Agreements summarizes Service Level Agreements (SLAs) referenced in this Task Order 5.

Appendix B, Work Products, summarizes the Work Products identified in this Task Order 5.

Appendix C, (SMUD Confidential) SMUD Intellectual Property

1.3. Data Management Services
SMUD will continue to provide a fully operational, SOCII Certified, Data Management System (SMUD-DMS) for the term of this Task Order including Electronic Data Exchange Services with PG&E, a Customer Information System, customer enrollment Web Forms, IVR (Interactive Voice Response) Call Center Technology, and service-based Billing System.

1.4. Electronic Data Exchange Services
SMUD will:

1.4.1. Coordinate with PG&E to continue to support Ava’s Community Choice Aggregation Program (“Program”) within PG&E’s territory including meetings and calls as needed to ensure timely set up, data transfer, and billing services.

1.4.2. Maintain electronic interfaces and communication protocols with PG&E to exchange full set of EDI files (including 810, 814, 820, 824, 867, 248 and 997), exception files, CSV files (4013), UDC Daily Payment Files, Share My Data, all future EDI files needed to provide data management and billing services in compliance with CEC and CPUC regulations (exception management of programs, such as DAC-GT and PIPP, may be at an extra cost), and other non-EDI files (such as Item 16/17 Data). Unless otherwise determined, data from PG&E will be received by SMUD which will process and apply Ava rates and Attachment Consent Item 12B
3 Ava SMUD Task Order 5
then generate EDI transaction files to be sent back to PG&E for billing and enrollment services. Ava will ensure valid credentialing through PG&E.

1.4.3. Store EDI source files in AWS S3 buckets that are accessible by Ava staff for the duration noted in Appendix B Work Products.

1.4.4. Process CCASRs from/to PG&E which specify the changes to a customer’s choice of service for customer enrollment, or customer-initiated returns to bundled utility service (814 Electronic Data Interchange Files). Changes will be reflected in the CRM.

1.4. 5. Obtain customer usage data from PG&E’s Enterprise Secure File Transfer server to bill each customer according to PG&E requirements (867 Electronic Data Interchange Files). SMUD will work with PG&E to continue to transfer said customer usage data.

1.4.6. Maintain a rate table of Ava rates and apply applicable rate tariffs to calculate the amount to be billed by PG&E for services provided by Ava.

1.4.7. Update rate tables under the following conditions:
a) Launch of new PG&E rate tariff or change in component of rate tariff b) PG&E Generation Rate (price) change
c) Changes to PCIA and/or Franchise Fee Surcharge (FFS)

1.4.8. Update rate table up to six (6) times annually based on the following:
a) Ava Value Proposition change (fee outlined under Additional Services) b) Change in price of an existing Non-Standard Rate Agreement rate (fee outlined under Additional Services)
c) Multiple changes may be batched into singular rate tables update

1.4.9. Maintain and communicate the amounts to be billed by PG&E that cover Ava program charges (810 Electronic Data Interchange Files). SMUD will maintain a rate table of Ava rates and apply applicable rate tariffs to calculate the amount to be billed by PG&E for services provided by Ava. SMUD will transfer the billing amounts to PG&E via EDI files and requirements specified by PG&E.

1.4.109. Receive and maintain data related to payment transactions toward Program charges from PG&E after payment is received by PG&E from Ava customers (Electronic Data Interchange Files).

1.4.11. Store data regarding payment transfers covering transactions toward Ava charges from PG&E after payment is received from customers via EDI or UDC Daily Payment files.

1.4.12. Maintain automated log files that include data such as missing files, failed loads, file reloads, file exceptions; report on transactional exceptions upon request by Ava.

1.4.13. Monitor all file transactions and promptly communicate any delays and inconsistencies to Ava.

1.4.14. Coordinate with PG&E to remedy EDI file errors or exceptions (missing or missed files).

Attachment Consent Item 12B
4 Ava SMUD Task Order 5

1.4.15 Provide to Ava staff a daily email to track and validate the inbound/outbound file transmissions with PG&E.

1.5. Customer Information System
For the Customer Information System, SMUD will:

1.5.1. Make available the SMUD-DMS to manage customer data via a Customer Relationship Management (CRM) system for the duration of this Task Order.

1.5.2. Update program enrollment options made online and through the phone via Interactive Voice Response (IVR).

1.5.3. Maintain the CRM’s compatibility with the billing engine and data repository for customers’ electric usage data.

1.5.4. Store data covering all eligible accounts including each account’s enrollment status (eligibility, opt in/out, Ava service plan selection, NEM selections, and history), rate tariff election(s) and history, payment history related to billed amount, collection status, billing history, and any customer service representative phone correspondence or transactions with the customer.

1.5.5. Enable call center staff to classify or group the call description to help track the call types in order to identify trends. Implementation of any new, custom, or dynamic call descriptors will be based on existing Salesforce Lightning functionality (e.g., Topics) and subject to requirements development between Ava and SMUD. Examples include, but are not limited to, billing issues, enrollment, or event.

1.5.6. Maintain role-based access to allow Ava staff (up to fifteen), SMUD Call Center Representatives, and SMUD’s team to view customer interactions, enter transactions (such as program election changes), edit account notes and view other information fields as necessary.

1.5.7. Obtain from PG&E and store in the CRM PG&E blue bills for all customers for the duration noted in Appendix B Work Products

1.5.8. Maintain a record of customers’ enrollment status and history from the launch of services for each customer including customers who have been offered service but have elected to opt out or opt up, either before or after starting service and make this information available to Call Center Representatives and Ava staff through the CRM to support customer service calls.

1.5.9. Maintain, calculate, and communicate as needed records of Net Energy Metering (NEM) and Solar Billing Plan (SBP) credits and generation data for customers to be posted on bill and settled monthly or annually, and align NEM and SBP credits and billed amounts with Ava’s posted tariffs, including provisions for special billing circumstances, such as CARE or FERA, or municipal.

1.5.10. Maintain all customer data according to Ava’s customer privacy policy, as may be amended from time to time, and the requirements of relevant California Public Attachment Consent Item 12B
5 Ava SMUD Task Order 5
Utilities Commission Decisions including D.12-08-045, including a weekly backup process.

1.5.11. Maintain a Data Management Provider Security Breach Policy.

1.5.12. Provide as-needed user training and support for Ava staff and its designated consultants to use the CRM.

1.5.13. Provide Ava with access to central repository of up-to-date CRM training materials.

1.5.14. Maintain Customer Information System patching and upgrades.

1.5.15. Collect only the minimum Confidential Information (CI) that is directly relevant and necessary to accomplish specific authorized purpose(s) and retain CI for only as long as is necessary to fulfill the authorized purpose(s), and destroy in accordance with the terms of the MSA CI that is no longer needed.

1.6. ShareMyData
SMUD will:

1.6.1. Provide daily downloads of processed Share My Data (SMD) to Ava.

1.6.2. Deliver two files (SMD Interval Data and SMD Customer Mapping Data) on a daily basis as data is available, additional files for SMD as necessary.

1.6.3 Provide warnings to Ava if files are not being received according to the regular schedule and timeline per SLA defined below.

1.7. Customer Enrollment and Program Forms
For Forms, SMUD will:

1.7.1. Collaborate with Ava’s website provider to integrate customer enrollment forms to provide an easy and intuitive experience for customers.

1.7.2. Provide Ava customers with access to address check functionality via the Salesforce CRM.

1.7.3. Maintain web-based form(s) for the Ava website so that customers may change service plan or enrollment status (opt-out, down, remain on, up or in), select product options, NEM monthly/annual selection, and/or confirm current product selection prior to a default product transition with features requirements, such as the “Remain on” selection during a default service plan update.

1.7.4. Twice per year, implement minor cosmetic and content updates (e.g., text copy, font color, hyperlinks, and images) across web pages, email templates, and IVR scripts to maintain alignment with Ava's branding guidelines. Large-scale web redesigns, new functionality, or structural site changes are outside the scope of this provision.

Attachment Consent Item 12B
6 Ava SMUD Task Order 5

1.8. Interactive Voice Response (IVR) Call Center Technology For the IVR, SMUD will:

1.8.1. Maintain a professional Interactive Voice Response (IVR) tool for the customer call center.

1.8.2. Maintain English and Spanish language IVR routing.

1.8.3 Include custom prompts and recordings to align with the Ava customer base and needs.

1.8.4 Make changes to IVR flow and recordings as requested, with associated third-party fees paid under an Amendment; IVR changes for TOT enrollments will not be charged an additional fee.

1.8.5. Track how many customers start and complete IVR self-service options without live-agent assistance.

1.8.6. Include an option to cold transfer to third parties for customer support best served by another vendor, such as a program or payment option.

1.8.7 Ensure that all multi-SA ID customers, including those with multiple SA IDs in different ZIP codes all under the same Account ID are directed to a CSR, rather than handling their requested transaction via the IVR

1.8.8 Twice per year, implement minor cosmetic and content updates (e.g., text copy, font color, hyperlinks, and images) across web pages, email templates, and IVR scripts to maintain alignment with Ava's branding guidelines. Large-scale web redesigns, new functionality, or structural site changes are outside the scope of this provision.

1.9. Billing System – PG&E “Bill-Ready Option”
The accuracy of the billing data is subject to the accuracy of data provided from PG&E. SMUD will include the following key tasks:

1.9.1. Send Ava service charges and in-line messages as separate line items to PG&E for placement on monthly bill including, but is not limited to, non-electrical charges, special programs like batteries, collective billing, energy assistance programs, net energy metering, solar billing plan, and messages.

1.9.2. Apply PG&E account usage for each Ava customer against applicable rates to allow for customer billing including net energy metering, solar billing plan, and future state mandated programs.

1.9.3. Apply Ava rates to customer bills based on usage received from PG&E or via 867 EDI data when billing quality data becomes available from PG&E, as needed to comply with the tariff including use of
SMUD’s quality assurance process and audits to ensure accuracy of rate calculations.

1.9.4 SMUD will prorate bills for PG&E rate changes, provided Ava supplies SMUD Attachment Consent Item 12B
7 Ava SMUD Task Order 5
with updated rate tables.

1.9.5. Obtain from PG&E and store usage and billing data (EDI867, MV90) for all Ava eligible customers for the duration noted in Appendix B Work Products.

1.9.6. Ensure successful rate migration through robust quality assurance measures.

1.9.7 Use commercially reasonable efforts along with SMUD’s billing quality assurance measures to remedy billing errors for any customer(s) in a timely manner per the SLA.

1.9.8. Complete the annual settlement processes for Net Energy Metering customers by identifying eligible customers, providing accrued charges and credits, and providing a corresponding settlement and mailing list to Ava staff for review and check processing including bill credits as appropriate, based on a previous selection, on an annual true-up or, or an annual cash-out with monthly true-up.

1.9.9. Provide customer mailing lists to Ava’s designated printer or to Ava staff for the following:
a) New move-in customer notices routinely within 14 days of enrollment. b) All eligible customers within new community territories for initial enrollment notice
c) All eligible customers within new community territories less customers who have opted out for second enrollment notice
d) All eligible customers within new community territories less customers who have opted out for third enrollment notice
e) All eligible customers within new community territories less customers who have opted out for fourth enrollment notice
f) All eligible solar customers within new community territories, phased as requested by Ava

1.10. Customer Contact Center
SMUD will:

1.10.1. Provide professional and dedicated staffing for an Ava Customer Contact Center with the ability to answer calls in both English and Spanish.

1.10.2. Provide communication in more than 50 other languages through an interpretation vendor to meet the language needs of almost all customers.

1.10.3. Provide sufficient Customer Contact Center staff during enrollment periods, high bill periods, default product transition, and after a billing error discovery, to process Ava service enrollment and answer questions related to Ava services, generation-related billing, and other Ava-related inquiries via phone, chat or email.

1.10.4. Provide sufficient Customer Contact Center staff during the non-enrollment period to process Ava service enrollment and answer questions related to Attachment Consent Item 12B
8 Ava SMUD Task Order 5
Program services, generation-related billing and other Ava-related inquiries via phone, chat or email.

1.10.5. Make Contact Center staff available during the hours indicated in the Appendix A Service Level Agreements.

1.10.6. Make available a trained SMUD billing expert to manage escalated calls during the contract center hours.

1.10.7. Provide callers with the estimated hold time, if applicable, during both the enrollment and non-enrollment period.

1.10.8. Record all inbound and outbound calls performed by SMUD CSRs and make recordings available to Ava staff upon request.

1.10.9. Maintain an archive of recorded calls as outlined in Appendix B – Work Products.

1.10.10 Track Call Center contact quality with criteria including:
• Use of appropriate greetings and other call center script guidelines • Courtesy and professionalism
• Capturing key customer data
• Providing customers with correct and relevant information • First-contact resolution
• Accuracy in data entry and call coding
• Grammar and spelling in email and chat communications • Request and/or confirm current email, mailing address, and phone number of customers and add to, or update, database during inbound calls as needed.

1.10.11. Forward calls to Ava staff as may be required to serve customer needs; receive calls from customers referred to Ava by PG&E and, receive calls from customers choosing to contact Ava directly without referral from PG&E; and, “warm transfer” the customer to PG&E or Ava as needed to serve customers.

1.10.12 Should Ava request some number of calls be routed directly to Ava staff, Ava and SMUD will work collaboratively to reach a solution that may include fees or credits not currently outlined in this agreement.

1.10.13. Provide a toll-free number to be placed on Ava’s website and PG&E invoices allowing Ava customers to contact the contact center.

1.10.14. Record permission (via live calls, email request, chat, or electronic form submittal) from customers to send electronic correspondence, instead of printed mail.

1.10.15 Respond to phone inquiries from customers using training tools based on information provided by Ava, and for questions not addressed within the training tools, refer inquiries back to PG&E or Ava.

1.10.16. Based on materials and information provided by Ava, train Call Center staff on new programs, policies, and rate changes in a timely manner in order to best respond to customer inquiries including, but are not limited to, incentive programs, changes to power content, and transition to time-of-use rates.

Attachment Consent Item 12B
9 Ava SMUD Task Order 5

1.10.17 Twice per year, implement minor cosmetic and content updates (e.g., text copy, font color, hyperlinks, and images) across web pages, email templates, and IVR scripts to maintain alignment with Ava's branding guidelines. Large-scale web redesigns, new functionality, or structural site changes are outside the scope of this provision.

1.11. Qualified Reporting Entity QRE Services
In such cases where SMUD directly performs QRE services, as a key part of WREGIS settlement activities, SMUD will manage and coordinate Qualified Reporting Entity (QRE) services for collection, verification, and reporting of renewable resource meter data to WREGIS under certain circumstances.

Many renewable power project owners directly contract with the CAISO or another entity for QRE services for their projects; Ava will encourage project owners, as part of the Ava standard PPA language, to use one of these options. In such instances, SMUD would not separately provide QRE services.

For Ava behind the meter projects that lack CAISO meters and for which QRE services cannot be otherwise contracted out, SMUD will perform or contract for QRE services, provided that SMUD has sufficient access, facilitated by Ava and PG&E, to meter data and meter and/or telemetry troubleshooting resources. For avoidance of doubt, all meter and or telemetry troubleshooting responsibilities shall remain with the power project owner and/or PG&E.

In such cases where SMUD directly performs QRE services, SMUD will:

1.11.1. Upload data to WREGIS on a monthly basis, as required in accordance with WREGIS procedures, for the creation of Renewable Energy Certificates (RECs) for Ava power supply, and will make such data for
Ava projects available to Ava’s Wholesale Energy Services provider or scheduling coordinator for power purchase agreement settlement.

1.12. Settlement Quality Meter Data (SQMD) Services for Wholesale Load Settlement . SMUD will:

1.12.1. Obtain Ava load data from PG&E on behalf of Ava, if requested.

1.12.2. Ensure settled load complies with CAISO requirements for SQMD and with Ava’s SQMD plan.

1.12.3. Forward Ava load SQMD to the CAISO at the required frequency for load settlement purposes.

Attachment Consent Item 12B
10 Ava SMUD Task Order 5

1.12.4. Send information directly to CAISO or through another 3rd party vendor under Ava contract, if required.

1.12.5. Perform annual review of the SQMD Plan as required by the CAISO and provide a memo confirming an annual/bi-annual self-audit of SQMD to Ava and scheduling coordinator.

1.12.6. Establish proactive measures and checks to ensure SQMD data submitted to CAISO is accurate and take commercially reasonable steps to resolve and correct any data issues or anomalies that are within SMUD’s control ahead of final settlement deadlines.

1.12.7 Provide T+7 reporting including estimated load for missing interval data. The Parties recognize that the estimated load is an approximate amount that SMUD provides based on a reasonable prediction. However, this information is simply an estimation, and SMUD does not guarantee or warranty the accuracy of this information. Ava acknowledges and agrees that any decisions made by Ava based on this estimated load information is the sole responsibility of Ava and SMUD shall not be liable for matters resulting from such decisions.

1.13. Data Feeds
SMUD will:

1.13.1 Provide data feeds, indicated in the table below, to assist Ava in compiling various customer sales and usage statistics that may be necessary to facilitate Ava’s completion of requisite external reporting activities. Source indicates whether the files are pass through files from PG&E or generated by SMUD.

File File Name* Frequency Source Format*
Enrollment
997 Response for
814 EBCE_yyyyMMddHHmmssfff.EDI997 Daily PG&E  EDI
Daily Enrollment
Details EBCE_DataFeed_EnrollmentExport_yyyyMMdd.csv Daily SMUD CSV Inbound 814 EBCE_yyyyMMddHHmmssfff.EDI814 Mon-Fri Inbound PG&E
EDI and
CSV
Outbound 814 EBCE_yyyyMMddHHmmssfff.EDI814 Mon-Fri

Outbound
SMUD
EDI
Usage
Regular 867 Usage EBCE_yyyyMMddHHmmssfff.EDI867 Tue-Sat PG&E  EDI MV90 867 Usage EBCE.yyyyMMddHHmmssfff.EDI867 Mon-Fri PG&E  EDI Share My Data
Interval SMD_File_Generated_on_yyyyMMdd.csv Daily SMUD CSV Share My Data EBCE_DataFeed_SMD_SA_ID_Changes_yyyyMMdd.csv Daily SMUD CSV Attachment Consent Item 12B
11 Ava SMUD Task Order 5
Customer
Mapping
Attachment Consent Item 12B
12 Ava SMUD Task Order 5
Billing
248
Confirmations EBCE_yyyyMMddHHmmssfff.EDI248
Daily
(including
in
CSV
form)
PG&E  EDI
810 Billing EBCE_yyyyMMddHHmmssfff.EDI810 Mon-Fri SMUD EDI 997 Response for
810 and 814 EBCE_yyyyMMddHHmmssfff.EDI997 Mon-Fri PG&E  EDI Daily Billing Details Billing_Detail_Daily_yyyyMMdd.csv Daily SMUD CSV Green-e Audit Report Variable  Annual
SQMD
Retail Load Data Trailing
100 EBCE Trailing 100 Retail.csv Daily SMUD CSV
Wholesale Load Data
Trailing 100 EBCE Trailing 100 Wholesale.csv Daily SMUD CSV Accounting
Weekly Aging Report -
Bill Date
EBCE_Aging_Report_Weekly_BillDate_YYYYMMDD1_
YYYYMMDD2_YYYYMMDD3.csv
EBCE_Aging_Report_Weekly_BillDate_20230531_20230
625_064642910.csv
Weekly SMUD CSV
Monthly Aging Report -
Bill Date
EBCE_Aging_Report_Monthly_BillDate_YYYYDDMM1
_YYYYDDMM2_HHMMSS.csv
EBCE_Aging_Report_Monthly_BillDate_20231031_20231
108_125431643.csv
Monthly SMUD CSV
Weekly Aging Report -
Due Date
EBCE_Aging_Report_Weekly_DueDate_YYYYMMDD1_
YYYYMMDD2_HHMMSS.csv
EBCE_Aging_Report_Weekly_DueDate_20230302_20230
306_120006420.csv
Weekly SMUD CSV
Monthly Aging Report -
Due Date
EBCE_Aging_Report_Monthly_DueDate_YYYYMMDD1
_YYYYMMDD2_HHMMSS.csv
EBCE_Aging_Report_Monthly_DueDate_20230131_2023
0207_075722063.csv
Monthly SMUD CSV
Invoice Details
InvoiceDetailReportDaily_yyyyMMdd.csv /
InvoiceDetailReportWeekly_yyyyMMdd.csv     /
InvoiceDetailReport_yyyyMM.csv
Daily,
Weekly,
Monthly

SMUD CSV
Payment Details DailyPaymentReport_yyyyMM.csv   /
DailyPaymentReportWeekly_yyyyMMdd.csv
Weekly,
Monthly SMUD CSV
Transaction Summary Transaction Summary Report yyMMdd.csv Monthly SMUD CSV PG&E
UDC Daily
Payment File
[email protected]_udc_NNNNNNNNNyyMMddHHMI.cs v
Daily PG&E CSV
Daily Payments Received
Summary for the Previous
Day
Daily PG&E CSV
Attachment Consent Item 12B
13 Ava SMUD Task Order 5
Ava UDC and 820
Combined Payment
Report
[CCA]_Combined_UDC_820_Monthly_[YYYYMMDD]_[
YYYYMMDD]_[YYYYMMDD_HH24mmss].csv Monthly SMUD CSV
820 Uncollectibles
UNCOLLECTIBLE_820_EBCE_20260531_20260607_185
702.csv Monthly SMUD CSV
UDC Uncollectibles
UNCOLLECTIBLE_EBCE_20260531_20260608_015312.
csv
Monthly SMUD CSV
*Note: File names and Format are maintained and provided as received from source. Changes to Source data file format, source, and name may be subject to additional fees.

File File Name* Frequency Source Format*
Customer Interaction Data
Call Center
Interactions Interactions_CallCenter_yyyyMMddHHMISSnnn.csv Daily SMUD CSV Web
Enrollment
Forms
Interactions
Interactions_Web_yyyyMMddHHMISSnnn.csv Daily SMUD CSV
IVR
Interactions Interactions_IVR_yyyyMMddHHMISSnnn.csv Daily SMUD CSV Chat
Interactions Interactions_Chat_yyyyMMddHHMISSnnn.csv Daily SMUD CSV Enrollment
814 Transaction
Summary
Enrollment_814_yyyyMMddHHMISSnnn.edi Weekly
SMUD
or
PG&E
EDI
Customer Characteristics
New / Updated
E-mail, Phone,
Mailing
Customer_Characteristics_yyyyMMddHHMissnnn.csv Daily
SMUD
or
PG&E
CSV
Customer Enrollments and Characteristics
Ava Program
Enrollment
Transactions
AVA_ [Program_Name]_yyyyMMddHHMissnnn.csv Daily Ava CSV Email, Phone,
Mailing AVA_Cust_Characteristics_yyyyMMddHHMissnnn.csv Daily Ava CSV Attachment Consent Item 12B
14 Ava SMUD Task Order 5
Ava
Customer
Marketing
Preferences
AVA_Cust_Marketing_Prefs_yyyyMMddHHMissnnn.csv Daily Ava CSV Accounting Feed
820
Transactions Payments_820_yyyyMMddHHMissnnn.csv|edi Daily PG&E
or
SMUD
EDI and
CSV
*Note: File names and Format are maintained and provided as received from source. Changes to Source data file format, source, and name may be subject to additional fees.

Any EDI file that comes from PG&E will be sent when SMUD receives it from them. Any delays will be communicated according to SLA below.

SMUD will:

1.13.2. Continue to provide the following reports on the indicated frequency covered under the per meter pricing with any changes to the current, operationalized reports will be subject to additional fees.

1.13.3 Store reports for the duration noted in Appendix B Work Products.

Report Frequency
Billing Operations Report (enrollment activity move-in/move-out tracking by month in comparison to previous calendar year, billing transactions) Monthly
Customer Center Operations Report (customer interactions through IVR, Web, CSR, chat)
Monthly
Customer Relationship Management (CRM) Reports (including custom reports and the ability to add email functionality) and Dashboard Available 24/7
Net Energy Metering (NEM) and Solar Billing Plan (SBP) True-up, Cash-out Reports
Annual (April true up) for all,
monthly for customers leaving
Ava
VIP opt-out notification report As needed
Aging report by-past due-bucket Weekly
New connect customer list Biweekly
SMD Performance Report Weekly
Operational Issues Report Weekly
Open Requests Report Weekly

1.14. Operational Support Services
SMUD will:

1.14.1. Provide a dedicated Client Manager or single point of contact for day-to-day requests and communication.

1.14.2. Provide additional point of contact such as a project manager or subject matter expert for billable customizations and data interactions as appropriate.

Attachment Consent Item 12B
15 Ava SMUD Task Order 5

1.14.3. Agree to collaborate on mutually agreeable project schedule for enhancements.

1.14.4. Host a monthly performance review meeting which can be changed to weekly upon Ava request during enrollment and transition periods.

1.14.5. Host ad hoc executive meetings upon request at a mutually agreed upon time.

1.14.6. Support Ava with collateral material for Ava to prepare and deliver an annual presentation to Ava Board regarding SMUD services upon request with reasonable notice.

1.14.7 Provide data and administrative support for Ava’s annual financial audits and annual Power Source Disclosure Reporting requirements.

2. ADDITIONAL SERVICES AND CUSTOMIZATIONS
SMUD will provide these additional services according to the following fee structure. Certain services are included in the per meter pricing.

Included in Per Meter Fee
# Project / Service
1 Twice per year, implement minor cosmetic and content updates (e.g., text copy, font color, hyperlinks, and images) across web pages, email templates, and IVR scripts to maintain alignment with Ava's branding guidelines. Large-scale web redesigns, new functionality, or structural site changes are outside the scope of this provision. 2 Real Time Pricing on Ava bill, matching current PG&E framework 3 In-line bill message change, annually
4 Monthly NEM and annual NEM reporting, same service provided as of 12/31/2026 5 NEM/SBP monthly and annual cash-out reporting, and SBP Transitioning Customers reporting
6 SQMD, same service provided as of 12/31/2026
7 CARE/FERA NEM and SBP audits
8 SMD, same service provided as of 12/31/2026
9 Additional layer of customer inquiries, customizable in place of hashtag 10 Routing of all multi-SA ID customers to a CSR rather than the IVR, including customers with multiple SA IDs in different ZIP codes under a single Account ID 11 SMUD CSR can cold transfer calls to another Ava vendor (e.g., Ava Charge assistant, payment service, or program incentive provider)
12 Prorate Billing Determinants Across Rate Changes and Seasons Fee-Based Services
# Project / Service Fee
13 PIPP, same service provided as of 12/31/2026 $1,590 per month 14 DAC-GT, same service provided as of 12/31/2026 $2,756 per month Attachment Consent Item 12B
16 Ava SMUD Task Order 5
15 WCAG 2.2. compliance $15,000
16 Non-standard rates, new $31,800
17 Non-standard rates, rate change $10,600
18 Value proposition changes, update % difference and per-kWh adder $10,600 19 IVR Transfer to External Number (Cold Handover): The IVR shall provide a single-step branch/transfer from the existing IVR menu to a designated external toll-free number of another Ava vendor (e.g., Ava Charge assistant, payment service, or program incentive provider) $2,000 per phone
number
Bill Credits
Service Use Fees Pre and
Post QA Accounting Potential Use Case
Courtesies
One-time,
low volume
account
adjustment
Included in
standard service Yes Under Courtesy
Customer
Experience
Managed
Rewards
CCA program
without
business rules
$2,500 per file
upload
(unlimited
number of
program
records/unlimited
number of labels)
$4,500 per new
label
Yes Under Label
Fixed fee,
many
customers
Simple
Rewards
CCA program
without
business rules
$500 per month,
any label
(covering up to 8
programs/4 files
per month)
No Under Label
Direct
instruction
from CCA
Programs
Regulated
programs,
CCA
programs
with business
rules
$10,000-$50,000
depending on
complexity
Yes Under Label
Calculated
fee, monthly
application
Attachment Consent Item 12B
17 Ava SMUD Task Order 5

3. ASSUMPTIONS
• Both Parties acknowledge and agree to the following assumptions listed below. Deviation from these assumptions may result in delays in service or additional fees, which fees will be agreed upon by both Parties. SMUD will be required to work with other contractors performing services for Ava and assumes that representatives from these contractors will be available and respond in good faith in a reasonable timeframe to requests for information and integration.
• SMUD will mirror standard PG&E billing for Ava customers, including new rates as they are released.
• Ava will provide decisions and feedback in a timely manner. Any delays of decisions or review of critical documents may result in a delay of services.

4. APPROVAL PROCESS / ACCEPTANCE
Both Parties agree to perform tasks, reviews, and approvals in a timely manner.

5. TERM AND TERMINATION

5.1. Term of Task Order 5
The Term of Task Order 5 is from the Effective Date of Task Order 5 until December 31, 2029.

Thereafter, the term shall renew concurrent with the Term of the MSA, unless one party provides written notice to the other party at least one hundred eighty (180) calendar days in advance of the end of the then existing term that it does not wish to renew the term.

5.2. Transition of Call Center
With at least ninety (90) calendar day written notice to SMUD, Ava reserves the right to transfer all Contact Center services in-house and have all communications managed by Ava customer service representatives (CSRs). Beginning on the first day of the first month following transfer of all Contact Center services in-house and all communications managed by Ava CSRs, the Per Meter Fee, per month fee set forth in Section 6.1 of this Task Order 5 shall be reduced by $.12 for each meter that is impacted. Ava will be responsible for any additional infrastructure or programming costs incurred by SMUD to facilitate this transition. SMUD will provide an estimate and receive approval from Ava for these costs prior to SMUD performing such services and incurring associated costs.

Attachment Consent Item 12B
18 Ava SMUD Task Order 5

6. COMPENSATION FOR SERVICES
This section is SMUD confidential information.

6.1. Data Management and Call Center Services
Services under Section 1 will be made available at a fixed monthly fee per customer meter enrolled of $1.13 (Per Meter Fee) through December 31, 2027. Each January 1st thereafter, the per meter fee shall be adjusted by the percentage change in the U.S. Bureau of Labor Statistics, "Consumer Price Index-All Urban Consumers less food and energy" Series ID: CUUR0000SA0LIE for the immediately prior 12-month period, taking the average of the monthly figures, capped at 5% per year.

SMUD will credit Ava with $1,000,000 towards services, outlined in this contract, to be used at any point during the contract.

Customizations or enhancements that include an additional fee to Ava must be established with a scope of work, including a detailed fee structure.

6.2. Billing Methodology
SMUD will use the following methodology to calculate the total number of customer meters enrolled in Program service.

1. Identify customers from the 4013 that have been entered into the CRM system and have an ‘opt in’ enrollment date range that is current

2. Filter that list to include customers that are also listed on the corresponding 814 File

3. Replace the DA_Xref with the associated SP_ID

4. Calculate the enrollment date ranges in the month

5. Use the total number of distinct SP_IDs from the date range query results to calculate the total number of customer meters enrolled in Ava Program service

7. PAYMENT TERMS
Fees incurred under this Task Order 5 will be invoiced monthly, starting January 1, 2027. For services under this Task Order 5, Ava shall pay all undisputed invoices within thirty (30) calendar days of the date of the invoice. Any disputed amounts are subject to terms of the MSA. (Signature page follows)
Attachment Consent Item 12B
19 Ava SMUD Task Order 5

9. SIGNATURES
The Parties have executed this Task Order 5, and it is effective as of the Effective Date.

Ava Community Energy Authority
By
Name
Title
Date
Approved as to Form
Sacramento Municipal Utility
District
By
Name
Title
Date
Approved as to Form
Attachment Consent Item 12B
20 Ava SMUD Task Order 5
Appendix A — Service Level Agreements
System
• Document Management System availability >= 99% Destination Management Company • Technical Support hours of 9:00AM to 5:00PM Pacific Time, Monday through Friday, excluding Ava and PG&E holidays.

Processes
Billing Issue Resolution
• SMUD-originated Billing Issues will be remedied within two (2) Bill Cycles from date of discovery.
• PG&E-originated Billing Issues will be remedied within two (2) Billing Cycles from date of discovery to extent within the control of SMUD. SMUD will continue to follow-up with PG&E through issue resolution.

Billing Error Liability
• Billing errors for which SMUD systems or processes are at fault will result in the following shared liability:
• SMUD is only liable for errors that result from SMUD systems or processes. • Errors that occurred on dates that precede the start of this task order cannot be included. • SMUD is not liable for any underbilled amount for errors that can be remedied by a rebill, the timing of which follows the rebill rules set by the CPUC (see PG&E Rule 17.1). • For underbilled amounts that cannot be remedied by a rebill:
o SMUD is not liable if the impact is less than $10,000. o SMUD is liable if the impact is more than $10,000; however, SMUD’s liability is limited to 50% of the underbilled amount or $100,000 per instance whichever is less.

Rate Changes
Rate changes will be implemented upon formal request by Ava. To ensure system accuracy, quality assurance, and proper billing execution, rate change requests follow a standardized implementation schedule incorporating UAT staging, validation, production deployment, and effective date alignment.

Typical Implementation Schedule: The schedule below outlines the key operational milestones required to implement a rate change:

Milestone / Action Responsible
Party
Target Timing Example
Schedule
Rate Change Request Ava ~20–25 days prior to
effective date
December 1,
2025
Attachment Consent Item 12B
21 Ava SMUD Task Order 5
SMUD creates rates table
tied to PG&E’s newly
published rates /
performs 3-point QA
SMUD Within 5–7 business days
of PG&E published Tariff
Rates
January 8, 2026
*Published Jan
1, 2026
UAT Rate Sheet
Submission for Validation
SMUD →
Ava
Within 12 business days
of PG&E published Tariff
Rates
January 20,
2026
UAT Validation &
Approval Sign-off
Ava ~3 business days prior to
production release
January 22,
2026
Production Load &
System Go-Live
SMUD Friday Post Validation January 23,
2026
Rate Change Effective
Start Date
SMUD January 1, 2026
Schedule Adjustments & Variance: The schedule may be modified by mutual agreement due to external operational dependencies or system constraints, including:
• PG&E Advice Letter filing or tariff publication delays • Seasonal boundary transitions (e.g., Summer/Winter Time-of-Use shifts) • Production release calendar constraints or holiday schedules • Custom rate structure logic or major system/file format enhancements SQMD
• SMUD will be liable for CAISO late meter adjustment sanctions defined in CAISO Tariff section 37.5 when data is submitted to the CAISO past the deadline and submission timing is within SMUD’s control, or the data submitted is erroneous resulting in a resubmittal past the deadline and the data error was the fault of SMUD.
• For clarity, SMUD will not be liable for CAISO late meter adjustment sanctions defined in CAISO Tariff 37.5 when data errors are introduced by PG&E data inaccuracies or incompleteness or for other reasons outside of SMUD’s control. • In the event that SQMD data submitted to the CAISO results in an incorrect kWh settlement due to an error that is solely within SMUD's control, and when the data can no longer be corrected with the CAISO because it is past the CAISO deadline for correction, then SMUD will be liable for 50% of any excess over-settlements incurred by Ava. When such an error is identified, SMUD will calculate the over-settled or under-settled amounts by multiplying the hourly kWh discrepancy by the FMM price for each hour affected. Instances of under-settlement will offset instances of over-settlement. Upon termination of this Task Order 5, SMUD will credit Ava with 50% of any net amounts due resulting from all such instances. The Attachment Consent Item 12B
22 Ava SMUD Task Order 5
maximum daily credit will not exceed $10,000. Errors that occurred on trade dates that precede the start of this task order cannot be included. • In the event that SQMD data submitted to the CAISO results in an incorrect kWh settlement that is outside of SMUD's sole control, then SMUD will not be liable for any penalties associated with such errors.

ShareMyData
SMD Interval File Feed
• PG&E SMD Interval Files monitored daily
% of Expected Meter Data Action Taken
If less than 97% in 24 hours Ava Notified
If less than 98% in 48 hours PG&E and Ava Notified, Escalate with PG&E SMD Customer Retail File Feed
• PG&E SMD Customer Retail File Feed monitored daily
• Not Received, no action taken, monthly ad-hoc request made to cover gaps SMD Completeness
• Completeness is defined by total number of Service Agreement IDs with at least one interval divided by total number of Service Agreement IDs on PG&Es customer enrollment file feed • >95%, no action taken
• 90-95%, SMUD to investigate and resolve any issues found • < 90%, SMUD, Ava notified and escalated with PG&E
Data Feeds
Monitoring and Communication
• Data Feeds monitored daily
• Each Data Feed generates a file per defined schedule in Data Feeds and Data Package + • Ava to be notified within 24 hours if files will not arrive per defined schedule in section 1.13.1 and SMUD will initiate a process to receive the files from PG&E File Availability
• File availability is defined as generated and available on shared storage within 3 business days of schedule, except for files that were expected to be received on a daily cadence per their schedule
• No action taken for files generated within 3 days of schedule • PG&E issues not resolved with 7 days to be escalated with PG&E, except for files that are expected to be received on a daily cadence per their schedule Attachment Consent Item 12B
23 Ava SMUD Task Order 5
Missing, Incomplete or Corrupted Files
• Files to be regenerated within 5 business days from discovery • Issues not resolved through regeneration to be investigated, resolved and re-generated with 10 business days
• Ava to monitor for corrupted files
• SMUD to monitor for missing files
• Ava and SMUD to monitor for incomplete data
Call Center
• Operating hours of 9:00AM to 5:00PM Pacific Time, Monday through Friday, excluding Ava, SMUD, and PG&E holidays.
• 60 second average speed of answer with an abandon rate of no greater than 4% during non-enrollment periods • SMUD CSRs respond to 100% of Ava Customer Inquiries
• 100% of voicemail messages answered within one (1) business day. • 100% of emails receive an immediate automated acknowledgement. o 95% of emails receive a customized response within one (1) business day. o 100% of emails receive a customized response within three (3) business days. • 100% of chats receive a customized response within three (3) business days.

Attachment Consent Item 12B
24 Ava SMUD Task Order 5
Appendix B – Work Products
Work Product Fee to
Deliver
Storage Duration Latest Delivery Date
All PG&E source files, as specified
in 1.4.4.1 Data Feeds and Reporting
table, posted to AWS as received by
PG&E
None 12 months or termination of Task
Order 5, whichever is less
Termination Date of Task
Order 5
A log of all historical file
transactions, including summary
and exceptions
None 60 months total or termination of
Task Order 5, whichever is less
30 Days after Termination
Date of Task Order 5
PG&E customer blue bills None 12 months available in CRM; 48 months archived for a maximum of
60 months total or termination of
Task Order 5, whichever is less
30 Days after Termination
Date of Task Order 5
Comprehensive extract of all Ava
data stored in CRM, including but
not limited to customer
characteristics, customer
transactions, customer usage,
customer billing, customer
exceptions, etc.

Maybe 18 months available in CRM for
non-call center interaction record
data; 18 months available in CRM
for call center interaction record
data; 42 months archived for a
maximum of 60 months total or
termination of Task Order 5,
whichever is less
30 Days after Termination
Date of Task Order 5
Provide latest enrollment form
wireframes as screen-scrapped .jpg
None N/A Termination Date of Task
Order 5
Current IVR Scripts (English and
Spanish) via email
None From date of Script approval until
termination of Task Order 5
Termination Date of Task
Order 5
Summary report documenting the
methodology for calculating the
Ava –related charges on the
PG&E bill
None N/A Termination Date of Task
Order 5
Transfer call center toll-free phone
number to Ava (as legally possible
and permissible by the Telecom
company)
None Same phone number from
beginning of Program until
termination of Task Order 5
Termination Date of Task
Order 5 (as legally and
technically possible)
Copy of up to 60 call recordings
posted to AWS
None 12 months or termination of Task
Order 5, whichever is less
60 Days after Termination
Date of Task Order 5; can
request up to 60 call
recordings between
Termination Date of Task
Order 5 and 60 days after
Termination Date
Archived excel exports from
WREGIS, if performing QRE
None None as exports are available to Ava
through WREGIS
30 Days from date of export
from WREGIS
Attachment Consent Item 12B
25 Ava SMUD Task Order 5
Archived exports of submitted
SQMD data from Settlecore to AWS
None From Program inception until
termination of Task Order 5
30 Days from the submittal
date of the last trade date
that SMUD is responsible
for submitting to the CAISO
Archived historical call center and
billing operations reports posted to
AWS
None 3 months or until termination of
Task Order 5, whichever is less
Termination Date of Task
Order 5
Upon mutual agreement, a fee may apply if the Work Product is required in any other format than the source format or where additional data manipulation is requested. Archived data can be retrieved and produced by SMUD within 10 business days upon request from Ava.

For Work Products that represent a significant amount of data, SMUD may provide periodic data dump transfers to Ava, and Ava will be responsible for the ongoing storage of that data.

The Work Product will continue to be SMUD’s obligation for data going forward from the time of last data dump transfer.

Attachment Consent Item 12B
26 Ava SMUD Task Order 5
Appendix C – SMUD Intellectual Property
SMUD Confidential Information
For avoidance of doubt, the following are considered SMUD Intellectual Property, and will be treated in accordance with the terms described in the MSA.

Intellectual Property
• DMS architecture, configuration and processes
• CIS/CRM architecture, configuration and processes
• Web architecture, methodology, and enrollment forms configuration and processes • IVR architecture, methodology, and configuration and processes • Billing System architecture, methodology and configuration and processes • File Processing System architecture, methodology, and configuration and processes • SQMD System architecture, methodology, and configuration and processes • Data Policy
• Training Materials
• IVR recordings
• SMUD-created IVR scripts
• Report methodology, processes, and documentation
Attachment Consent Item 12B
SMUD Agreement Extension
for Customer Care and Data
Management Services
Kelly Birdwell Brezovec| October 21, 2026
Attachment Consent Item 12C
Agenda • Background • Summary • Pricing • Alternatives • Next steps 2 Attachment Consent Item 12C
Background • Sacramento Municipal Utility District (SMUD) provides critical Customer Care and Data Management Services
(CCDMS) to Ava via a contract priced at a per-meter monthly service fee
• SMUD has provided these critical services since the start of service in 2018
• The current two-year contract started on January 1, 2025, and ends on December 31, 2026
• Staff proposes entering into a three-year agreement starting January 1, 2027
• The Executive Committee provided positive feedback on this contract extension and recommends the Board of Directors adopt a Resolution allowing the CEO to negotiate and
execute Task Order 5 with SMUD for Call Center and Data Management
3 Attachment Consent Item 12C
Summary: New Agreement
• The proposed new contract sees a price increase from $1.10 to $1.13 per meter with an annual escalation tied to inflation.
• Staff has updated and negotiated elements of the agreement, including
▪ Lower fixed fees for customer credits
▪ Included twice-annual updates of customer-facing web, phone, and email templates
▪ Tighter schedule controls for billing system enhancements 4 Attachment Consent Item 12C
Pricing Detail
5 2028-2029 are forecast, based on expected inflation and growth Per Meter Price % Annual Increase Estimated Annual
2018-2021 $1.05 $7 MM - $8.8 MM
2022-2024 $1.00 -4.7% $8.5 MM (including
Share My Data fee)
2025-2026 $1.10 10% $10.9 MM
2027 $1.13 2.7% $11.1 MM
2028 $1.15 - $1.17 2-3.5% $11.5 MM
2029 $1.19 - $1.20 2-3.5% (based on $1.16 in 2028) $12.1 MM Attachment Consent Item 12C
Alternatives
• Staff regularly monitors the market and engages with potential providers and peer agencies
• Current options for California CCAs are limited to SMUD and Calpine Energy Solutions
▪ Calpine does not fully meet Ava’s customized operational and customer service needs
• Staff will continue evaluating alternatives and conduct a formal competitive process when appropriate
6 Attachment Consent Item 12C
Next Steps
7 • Following an approval of the resolution,
▪ Ava and SMUD legal teams finalize the agreement
▪ Ava and SMUD execute Task Order 5
▪ Services on Task Order 5 commence January 1, 2027
Attachment Consent Item 12C
Attachment Consent Item 12C
Consent Item 13
Consent Item 13
To: Ava Community Energy Authority
From: Marie Fontenot, SVP Power Resources
Subject: Update on Submission of Final Integrated Resource Plan Documents and Materials
Date: October 21, 2026
__________________________________________________________________ Summary/Recommendation
This Staff Report updates the Board that Ava’s required Integrated Resource Planning compliance analysis and filing was submitted to the California Public Utilities Commission on the required submission date.

Financial Impact
N/A
Analysis and Context
On July 15, 2026 staff presented to Ava’s Board a summary of the analysis and materials required for submission to achieve compliance with the California Public Utilities Commission (CPUC) Integrated Resource Planning Proceeding.

All CPUC-jurisdictional load serving entities (LSEs) were required to file and serve their individual IRPs with the CPUC no later than August 10, 2026. The filings were required to include three documents provided by the CPUC: a Narrative Template, a Resource Data Template (RDT), and results from the CPUC’s Clean System Power (CSP) Calculator. Staff provided an overview of preliminary results of the analysis and the compliance documents in the Consent Item 13
July 15, 2026 Board meeting. Staff later presented an overview of the final compliance materials to an Ad Hoc committee of Board members shortly before the compliance submission was made.

Staff now provides to the Board the final compliance filing that was provided to the CPUC and includes the public links to the materials on Ava’s website as well as on the CPUC website which contains links to Ava’s filing as well as those of other jurisdictional LSEs.

Ava website 2026 IRP filing materials: https://avaenergy.org/about-ava/key-documents/integrated-resource-plan/ CPUC website 2026 IRP filings: https://www.cpuc.ca.gov/industries-and-topics/electrical-energy/electric-power-procurement/long-term-procurement-planning/2024-27-irp-cycle-events-and-materials/2026-lse-integrated-resource-plans Committee Recommendation
N/A
Attachments
N/A
Consent Item 14
Consent Item 14
To: Ava Community Energy Authority
From: Russell Mills, Chief Financial Officer & Treasurer Subject: Presenting the Treasurer’s Report for Fiscal Year 2026-2027 Q1 (Informational Item)
Date: October 21, 2026
Summary/Recommendation
Receive the report on Ava’s cash position, monthly receipts, and outstanding loan balances.

Background and Discussion
For the quarter ending September 30, 2026, Ava has maintained a positive cash balance on all Ava bank accounts. Below is a summary of account balances, cash received, and any outstanding loan balances.

Account Balances as of 9/30/2026
Accounts Held Amount
River City Accounts
Operating
Internal Operating $ 2,417,447
Operating Fund $ 78,413,259
Lockbox $ 18,989,387
Interest Bearing
Money Market $ 125,617,932
Insured Cash Sweep Checking $ 113,573,327
Insured Cash Sweep Saving $ 5,317,351
CDARS $ 50,136,565
US Bank
Checking $ -
Reserve Balance $ 330,873,400
Invested Capital $ 21,163,349
Wells Fargo
Security Margin $ 121,311
PNC
Checking $ 4,812,140
Total $ 751,435,468
Consent Item 14
Cash Received by Month into Lockbox Account
Outstanding Loan Balances:

PNC Bank Credit Facility: $0.00
Customer Delinquency:

As of September 30, 2026
31 – 60 Days: $ 4,620,221
61 – 90 Days: $ 3,458,612
91 - 120 Days: $ 1,969,169
120+ Days: $ 64,263,633
Jul 2026 $ 53,046,371
Aug 2026 $ 72,794,188
Sep 2026 $ 74,036,957
Total $ 199,877,516
CEO Report Item 15
CEO Report Item 15
TO: Ava Community Energy Board of Directors
FROM: Howard Chang, Chief Executive Officer
SUBJECT: CEO Report (Informational Item)
DATE: October 21, 2026
________________________________________________________________________ Recommendation
Accept Chief Executive Officer (CEO) report on update items below.

Executive Committee Meeting
An Executive Committee Meeting met on Wednesday, October 7, 2026. Members received updates on the Customer Programs Strategy Engagement Consultant Selection and Renewable Energy Procurement and Power Content Reporting. Members also reviewed and provided feedback on the proposed agreement extension with Sacramento Municipal Utility District (SMUD) for critical billing and customer services. The next Executive Committee meeting will be held on Wednesday, November 4, 2026, at 3:00 pm.

Marketing Regulatory and Legislative Subcommittee Meeting A Marketing Regulatory and Legislative Subcommittee Meeting met on Friday, September 18, 2026. Members received an update on the Power Chair Indifference Adjustment (PCIA) regulatory proceedings and reviewed developments from the 2026 California Legislative Session. The next Marketing, Regulatory and Legislative Subcommittee meeting will be held on Friday, November 20, 2026, at 10:00 am.

Long Term Project Online Date Announcement
The Oakland 2 project from Ava’s Disadvantaged Community Green Tarriff Program (DAC) came online on August 31, 2026. The Oakland 2 project is a 0.72 MW Solar facility, located in Oakland, California delivering renewable energy for Ava’s customers for a 20-year term. The project is a part of Ava’s DAC program which funds local renewable generation projects while providing eligible low-income residential customers with 100% renewable energy. The Oakland 2 site, developed by Prologis Inc., is the first of five DAC projects to come online with all projects located in Ava’s service territory.

CEO Report Item 15
Oakland 2 Inverter Covers on the roof
Ava in the Community - October
To raise awareness of Ava’s service, support our community, and connect customers to our offerings, Ava sponsors and staffs events throughout our service territory all year long.

Additionally, we also deliver presentations to community groups. Below is a list of upcoming events we’ll be attending between 10/01 and 11/30. Learn more at https://avaenergy.org/about-ava/meetings-events/events/ Date Event Type Location
10/1/2026 Lathrop Country
Breakfast Volunteering Lathrop
10/3/2026 Science in the Park Tabling and
Sponsoring Hayward
10/3/2026 Emeryville Harvest
Festival Tabling Emeryville
10/11/2026 E-Bike Test and Ride #3 Co-hosting Hayward
10/11/2026 Fremont Chess Festival Sponsoring Fremont
10/17/2026 Edible Schoolyard Fall
Harvest Festival
Tabling and
Sponsoring Stockton
10/19/2026 Fashion Fest Tabling and
Sponsoring Oakland
CEO Report Item 15
10/19/2026
CEO Impact Report
presentation to San
Leandro City Council
City Council meeting San Leandro
10/20/2026
CEO Impact Report
presentation to Pleasanton
City Council
City Council meeting Pleasanton
10/23/2026 Clements Stampede Tabling and
Sponsoring
Unincorporated
San Joaquin
County
10/24/2026
Habitat for Humanity
Sequoia Grove Home
Celebration
Tabling and
Sponsoring Hayward
10/24/2026 YMCA Trunk or Treat Sponsoring Stockton
10/27/2026
CEO Impact Report
presentation to Berkeley
City Council
City Council meeting Berkeley
11/1/2026 Día de Los Muertos
Festival
Tabling and
Sponsoring Oakland
11/7/2026 Tri-City Intergenerational
Climate Roundtable
Presenting and
Sponsoring Fremont
11/11/2026 Lathrop Veterans Day
Resource Fair Tabling Lathrop
11/17/2026
CEO Impact Report
presentation to Emeryville
City Council
City Council meeting Emeryville
New Web Content
Ava regularly publishes educational content on our website to help customers understand the benefits of Ava, navigate their bills, and participate in our programs. Below is a list of content published in the past 3 months. For additional resources, visit AvaEnergy.org/insights.

Date Title Link Descriptio
n
10/9/2
6 Video: E-Bike Test &
Ride
Customer
Testimonial
s: Charlie
https://youtube.com/shorts/9ehqOh8L_b0?si=otYC5Yn-WC_6rnEi A 30-
second
customer
testimonial
from the E-Bike Test &
Ride event.
10/7/2
6 Video: E-Bike Test &
Ride
Customer
https://youtube.com/shorts/KQ6VYrjVFKw?si=xL_5_rF8_
FtJvY_e
A 15-
second
customer
testimonial
from the E-
CEO Report Item 15
Testimonial
s: Linda
Bike Test &
Ride event.
10/6/2
6 Video: E-Bike Test &
Ride (Short
Version)
https://youtube.com/shorts/9ehqOh8L_b0?si=rinetqW83
Henybc_
A 30-
second
cutdown of
the E-Bike
Test & Ride
video for
resharing
on social
media.
9/29/2
6 What It’s
Like to
Own an EV
Without
Home
Charging
https://avaenergy.org/insight/what-its-like-to-own-an-ev-without-home-charging/ Frequently
asked
questions
about
owning an
EV without
access to
home
charging,
answered
by an Ava
employee.
9/8/26 Powering
Community
Connection
s with
Mandela
Partners
https://avaenergy.org/insight/powering-community-connections-with-mandela-partners/ A story
about our
collaboratio
n with
Mandela
Partners,
an Ava
Community
Sponsorshi
p recipient
that
empowers
local
entrepreneu
rs and
creates
community
connections
.
9/2/26 New EV
Driver
Checklist:
4 Things
To Do in
the First
https://avaenergy.org/insight/new-ev-driver-checklist-4- things-to-do-in-the-first-month-of-ev-ownership
A checklist
of 4 simple
ways for
residents to
adjust to
the lifestyle
CEO Report Item 15
Month of
EV
Ownership
of owning
an EV.
8/31/2
6 Video:

Ava
Community
Energy x
Bike East
Bay: E-Bike Test &
Ride
https://www.youtube.com/watch?v=yLuh8Pub_GU A video
recap of our
E-Bike Test
& Ride
events
8/17/2
6 Sequoia
Grove
Constructio
n Update:

Summer
2026
https://avaenergy.org/insight/sequoia-grove-construction-update-summer-2026/ An update
on Habitat
for
Humanity
East
Bay/Silicon
Valley’s
Hayward
developme
nt, which is
all-electric
with funding
from Ava.
8/12/2
6 Types of
Electric
Vehicles:

BEV vs.

HEV vs.

PHEV
https://avaenergy.org/insight/types-of-electric-vehicles-bev-vs-hybrid-vs-plug-in-hybrid/ Explains
the
differences,
pros, and
cons of
common
types of
EVs to help
customers
consider
the best
option for
them.
8/11/2
6 Health-e
Communiti
es Pilot:

What Ava
Learned
from
Replacing
Gas
Ranges
with
Induction in
162 Homes
https://avaenergy.org/insight/health-e-communities-pilot/ Pilot
evaluation
and final
report for
the Health-e
Communitie
s pilot,
including
our air
quality
findings,
key
CEO Report Item 15
challenges
and
learnings,
and
customer
experience.

Staff Report Item 17
Staff Report Item 17
To: Ava Community Energy Authority
From: Sam Sadle, Principal Legislative Manager
Subject
2026 California Legislative Read-Out and Look Ahead
Date: October 21, 2026
__________________________________________________________________ Summary
This is informational and no action is required.

Since 2019, Ava staff has worked to implement the Board-approved Legislative Program. The Legislative Program provides a framework for staff to identify, assess, track, and (with Board approval) take advocacy-related action regarding proposed legislation.

In March and April of this year, the Board took formal positions on 10 bills (descriptions below based on bill contents in March and April).

Support
• Senate Bill 222 (Wiener) - Streamlines permitting for installations of residential heat pump water and HVAC systems;
• Senate Bill 1138 (Padilla) - Allows load serving entities to transact resource adequacy compliance products;
• Senate Bill 1168 (McNerney) - Establishes new surcharges on natural gas consumption by large data centers, with revenues collected to be directed toward wildfire costs currently embedded in customer rates;
• Assembly Bill 1761 (Rogers) Power Charge Indifference Adjustment (PCIA) transparency; and
Staff Report Item 17
• Assembly Bill 2266 (Schultz) - Requires the use of a consistent method across regulatory proceedings for calculating how much reliability value different energy resources provide, so that short-term, mid-term, and long-term procurement programs all count resources the same way.

Support-if-Amended
• Senate Bill 868 (Wiener) - Sets rules for “plug in” or “balcony” solar systems; • Senate Bill 913 (Becker) - Allows aggregated distributed resources to serve as Resource Adequacy capacity;
• Assembly Bill 1577 (Bauer-Kahan) - Requires monthly reporting on data center energy usage;
• Assembly Bill 1975 (Schultz) - Establishes a “grid utilization metric” that calculates load as a percentage of rated distribution capacity; and
• Assembly Bill 2389 (Irwin) - Extends a property tax exemption for customer-sited solar.

Over the course of the 2026 legislative session, Ava staff were able to secure necessary amendments for SB 913 (Becker) and AB 1577 (Bauer-Kahan) and the Agency subsequently moved from a Support-if-Amended posture to a Support position.

Of these 10 bills, the final disposition (and contents of the bills) is as follows:

Signed into law:
• Senate Bill 222 (Wiener) - Streamlines permitting for installations of residential heat pump water and HVAC systems;
• Senate Bill 868 (Wiener) - Sets rules for “plug in” or “balcony” solar systems through January 1, 2030;
• Senate Bill 913 (Becker) - Allows aggregated distributed resources to serve as Resource Adequacy capacity under certain circumstances;
• Senate Bill 1168 (McNerney) - Requires the California Public Utilities Commission (CPUC) to assess opportunities for rate structures to ensure data centers pay their fair share and alleviate cost pressures on residential ratepayers; • Assembly Bill 1577 (Bauer-Kahan) - Directs the California Energy Commission (CEC) to establish a process for data center owners to submit reports on energy usage.

Separately, data center owners will submit their expected energy consumption to local agencies for planning and environmental review purposes. • Assembly Bill 2266 (Schultz) - Requires the CPUC to consider implementing consistent methodologies across regulatory proceedings.

Vetoed by Governor Newsom:
• Assembly 1761 (Rogers) PCIA transparency.

Did not pass the California legislature
Staff Report Item 17
• Senate Bill 1138 (Padilla) - Allows load serving entities to transact resource adequacy compliance products;
• Assembly Bill 1975 (Schultz) - Establishes a “grid utilization metric” that calculates load as a percentage of rated distribution capacity; and
• Assembly Bill 2389 (Irwin) - Extends a property tax exemption for customer-sited solar.

Financial Impact
Anticipated financial impact for bills signed into law:
• SB 222 (Wiener) – Unlikely to have a direct fiscal impact on Ava. • SB 1168 (McNerney) – No financial impact on Ava.
• AB 2266 (Schultz) – Possible reduction in regulatory reporting costs. • SB 868 (Wiener) – Unlikely to have a direct fiscal impact on Ava. Depending on how the legislation is implemented, it may increase available resources for virtual power plant initiatives.
• SB 913 (Becker) – Depending on how the program is implemented it may lessen Resource Adequacy compliance costs.
• AB 1577 (Bauer-Kahan) – Unlikely to have a direct fiscal impact on Ava.

Analysis and Context
• SB 222 (Wiener) – SB 222 will standardize and streamline local permitting for residential heat pump water heaters and heat pump HVAC systems, in part, by requiring an option for remote inspections and online automated permitting. The bill supports the State’s target of installing six million heat pump systems by 2030, an objective the State is currently set to miss by roughly two million units. The bill was passed by the state legislature signed by the Governor.
• SB 868 (Wiener) – SB 868 legalizes small-scale “plug in” or “balcony” solar installations and under certain conditions and exempts these installations from participating in the interconnection process. During the legislative session, the bill was amended to sunset on January 1, 2030. Ava conditioned its support for the bill on amendments that would require eligible portable solar devices to be paired with storage. These amendments were not accepted by the Author. The bill was passed by the state legislature signed by the Governor.
• SB 913 (Becker) – SB 913 requires the CPUC to "enhance existing market-integrated pathways" for distributed energy resources (DERs) to qualify as Resource Adequacy (RA) capacity and authorize load serving entities (LSEs), such as Ava, to include distributed capacity resources in RA filings and CPUC-ordered procurement. Over the course of the legislative session, Ava staff were able to amend the bill to ensure DERs are eligible to be used for RA compliance obligations with the same status as traditional RA products. The bill was passed by the state legislature signed by the Governor.

Staff Report Item 17
• SB 1138 (Padilla) - Sponsored by CalCCA, SB 1138 required the CPUC to permit LSEs to demonstrate compliance with Resource Adequacy (RA) requirements by selling to, or otherwise making transactions with, another LSE to meet not more than 25% of our compliance obligation, on a short-term basis, and to permit those transactions to be denominated in the same unit of time used to denominate RA compliance requirements.

The bill did not pass through the state legislature.
• SB 1168 (McNerney) – When introduced, SB 1168 imposed annually set surcharges on electricity and natural gas consumed by data centers, required utilities to collect these charges and deposit the revenues into a fund to help offset wildfire costs currently embedded in customer rates. During the session, the bill was amended, and all language imposing annual surcharges was removed. As adopted, SB 1168 requires the CPUC to assess opportunities for rate structures to ensure data centers pay their fair share and alleviate cost pressures on residential ratepayers. The bill was passed by the state legislature signed by the Governor.
• AB 1577 (Bauer-Kahan) – AB 1577 requires the CEC to establish a process for data centers to submit specified energy and water usage data and to include this information as part of the 2029 edition (and subsequent editions) of the Integrated Energy Policy Report, among other changes. Over the course of the legislative session, Ava staff were able to amend the bill to ensure reporting timelines account for IOU-to-CCA data sharing processes. The bill was passed by the state legislature signed by the Governor. • AB 1761 (Rogers) - Sponsored by CalCCA, AB 1761 would have required the CPUC to ensure that all data relied on in any decision or ruling, or in any proposal or analysis provided by an investor-owned utility (IOU), CPUC staff, or any other party, for the determination or application of a calculation methodology (e.g., PCIA) be made available to LSEs and ratepayer advocates. The bill was passed by the state legislature but vetoed by the Governor.
• AB 1975 (Schultz) – AB 1975 would have required the PUC to establish a “grid utilization metric” that calculates electrical load as a percentage of rated distribution capacity and creates performance-based incentives and Investor-Owned Utility (“IOU”)- run programs for utilities to meet annual minimum grid utilization metrics. The bill did not pass through the state legislature.
• AB 2266 (Schultz) – When introduced, the bill required the CPUC to consolidate specified reporting requirements into a single procurement plan, and (when feasible) consolidate compliance reporting for reliability requirements. However, the language was narrowed, and the CPUC now retains flexibility to use different methodologies for system planning reserve margin and evaluating short-term, mid-term, and long-term reliability needs. Ava supports this type of standardization as it contributes to reducing compliance costs. The bill was passed by the state legislature signed by the Governor. • AB 2389 (Irwin) – AB 2389 would have extended the “newly constructed” property tax exemption for customer-sited solar systems of 2MW or less and for new systems that are sited on the property of a public entity from 2026 to 2031. Ava conditioned its support for the bill on amendments that would require newly installed solar installations to be paired with storage. These amendments were not accepted by the Author. The bill did not pass through the state legislature.

Staff Report Item 17
Committee Recommendation
This matter was discussed at the September 18 Marketing, Regulatory, and Legislative Subcommittee meeting. However, this meeting occurred before the Governor announced many of his signature and veto decisions.

Attachment
A. Presentation - “2026-10-21 Board Item XX 2026 Legislative Wrap-Up – Slide Deck” 2026 California Legislative Wrap-Up
Ava Community Energy Board of Directors
October 21, 2026
Attachment Staff Report Item 17A
2026 End of Session Legislative Update
2 AB 1761
PCIA
Data Transparency
SB 1138
RA Transactability
CalCCA Sponsored Bills Other Ava Supported Bills
SB 222
Heat pump
permitting
SB 868
Plug-in solar
SB 913
RA for DERs
AB 1975
Grid utilization
AB 2389
Solar property tax
exclusion
AB 2266
Standard RA
valuation
AB 1577
Data center
reporting
SB 1168
Data center tariff
study
Signed into law Did not pass legislature
Successfully amended
Ava SIA Bills
Vetoed
Attachment Staff Report Item 17A
Resource Adequacy (RA) Transactability
3 SB 1138 Padilla – Requires the California Public Utilities Commission (CPUC) to permit Load Serving Entities (LSE) to demonstrate compliance with RA requirements by transacting RA obligations on an hourly basis up to 25% of an LSEs
obligations.
o Passed Senate Energy Committee 13-0-4
o Passed Senate 31-0-9
o Passed Assembly Energy Committee 18-0-0
o Failed Assembly Appropriations suspense
1st Chamber -
Policy
1st Chamber -
Approps
1st Chamber -
Floor
2nd Chamber -
Policy
2nd Chamber -
Approps
2nd Chamber -
Floor
Governor's
Desk Signed into law
Support
SB 1138
(Padilla)
Attachment Staff Report Item 17A
Power Charge Indifference Adjustment (PCIA) Transparency 4 1st Chamber -
Policy
1st Chamber -
Approps
1st Chamber -
Floor
2nd Chamber -
Policy
2nd Chamber -
Approps
2nd Chamber -
Floor
Governor's
Desk Signed into law
AB 1761 Rogers – Requires the CPUC to ensure that all data relied on to determine the PCIA be made available to LSEs and ratepayer advocates. o Passed Assembly 61-8
o Passed Senate 40-0
o Vetoed by Governor Newsom
Support
AB 1761
(Rogers)
Attachment Staff Report Item 17A
PCIA Rulemaking
5 Track 1 – June 2025
Changes to RA MPBs
• Market Price Benchmark (MPB)
methodology change to benefit
IOU customers
• CalCCA has appealed; The
Supreme Court granted
CalCCA's writ and the case is
now before the Court of Appeal
on remand
Track 3a ~ Q3 2027
Changes to existing PCIA
framework
• MPBs: Renewable Portfolio
Standard (RPS), GHG-free,
energy
• GHG-free attribute
allocation/pricing
• Re-vintaging of PCIA portfolio
assets
Track 4 ~ 2028
Outstanding issues after
3a and 3b concluded
• RA MPB for slice-of-day
• Energy Resource Recovery
Account (ERRA) process
refinements
• Negative PCIA
• Other proposals?
Track 2 – Sept 2026
• IOUs keep pre-2019 banked
Renewable Energy Certificates
(RECs) for bundled RPS for free
• Increases cost for CCA
customers (~$1 billion)
• Potential Voluntary Allocation
Market Offer (VAMO) RPS
exposure
• Rehearings due Oct 22, 2026
• Appeal possible 4 months later
Track 3b ~ Q4 2027
Broader changes to PCIA
framework
• Structural changes to
indifference
• Schedule expected by EOY
Tracks 1 & 2 - "Complete" Track 3 - Ongoing Track 4 - Forthcoming Attachment Staff Report Item 17A
Large Loads
6 Ava Support Bills
AB 1577
Data center energy
use reporting
SB 1168
Data center tariff
study
Signed into law Signed into law; not relevant Successfully amended Ava Neutral Bills
AB 2383
New LL tariff
SB 887
Data center CEQA
changes
AB 2619
Data center water
use planning
SB 886
LL interconnection
changes
AB 2469
Data center water
use reporting
Attachment Staff Report Item 17A
Large Load - Legislation
7 AB 1577 Bauer-Kahan — Directs the California Energy Commission (CEC) to establish a process for data center owners to submit reports on energy usage, including specified operational metrics. The CEC will then publish aggregated data and incorporate data center load trends into future energy policy reports. Separately, data center owners will submit their expected energy consumption to local agencies for planning and environmental review purposes (while protecting confidential customer information).

Ava proposed amendments – adopted: Align reporting timelines with IOU-to-CCA data flows.

Energy Use Reporting
Support
AB 1577
(Bauer-Kahan)
Support
SB 1168
(McNerney)
"Fair Share" Study
SB 1168 McNerney — When introduced, the bill imposed annually set surcharges on electricity and natural gas consumed by data centers , required utilities to collect these charges and deposit the revenues into a fund to help offset wildfire costs currently embedded in customer rates.

Major changes since initial drafting: Removed all language imposing annual surcharges, instead requires the PUC to assess opportunities for rate structures to ensure data centers pay their fair share and alleviate cost pressures on residential ratepayers.

Attachment Staff Report Item 17A
Large Loads – Legislative Takeaways
8 Cost shift protections
• Must protect other rate classes from data
center generation costs ("no cost shift") - AB
2383
• Must establish a mechanism to ensure data
centers pays ALL incremental generation
costs for at least 10 years – AB 2383
• Creates a standardized transmission level
interconnection tariff – SB 886
Environmental and local protections
• No CEQA exemption for data centers without
100% hourly GHG-free energy (>75% new
generation) - SB 887
• Required pre-operation energy and water use
projections – AB 1577, AB 2619
• Required ongoing energy and water use
reporting – AB 1577, AB 2469
Stranded cost protections
• All data center tariffs must prevent stranded
costs – SB 886
• Requires data centers to pay all costs up front
for all needed transmission facility upgrades
and interconnection costs – SB 886
• Assesses early termination fees if data center
leaves within 10 years or fails to meet
electricity demand projections – SB 886
Attachment Staff Report Item 17A
Large Loads - Next steps
9 Data sharing
• Ongoing: PG&E's Rule 30 data
sharing agreement – Potentially
moving toward a pause given
FERC's Order to Show Cause
and recent legislation.
• Forthcoming: CEC rules
implementing AB 1577 – to be
incorporated into 2029
Integrated Energy Policy Report
(IEPR).

Tariff
• Ongoing: California Advanced
Rate Design (CARD) - In
response to SB 57 (2025), broad
consideration of all things LL in
Track 1 of the proceeding.
• Forthcoming: CPUC rules
implementing SB 1168 study
and AB 2383 tariff – might get
rolled into CARD.

Interconnection
• Ongoing: California
Independent System Operator
(CAISO) LL Straw Proposal – In
response to FERC "show cause"
order, draft proposal under
review with comments in
process. Will be finalized by Oct
28, 2026.
• Forthcoming: CPUC rules
implementing SB 886.

Attachment Staff Report Item 17A
2026
• IOUs and CAISO
Finalize response to
FERC "Show Cause"
order
• CPUC may pause
PG&E Rule 30 process
(large load
interconnection
proceeding) after
addressing
CalCCA/PG&E
settlement on data
sharing
2027
• CEC issues
regulations
implementing AB 1577
data sharing
requirements. CPUC
does the same for SB
886 interconnection
requirements and AB
2383 tariff
• CPUC undertakes SB
1168 large load study
(or integrates it into
existing proceeding –
potentially CARD)
• CARD proceeding
continues
• Ava develops tariff
that meets AB 2383
requirements
2028
• Ava must offer AB
2383-compliant tariff
• IOUs must offer CPUC
approved AB 2383-
compliant tariff
• All LL interconnection
tariffs must be SB 886
compliant
• 2029 IEPR must
include assessment of
electrical load trends
for data centers
Large Loads - Timeline
10 Attachment Staff Report Item 17A
Distributed Energy Resources (DERs)
11 SB 222 Wiener — Standardizes and streamlines local permitting for residential heat pump water heaters and heat pump HVAC systems, including by requiring an option for asynchronous inspections (by July 2027) and online automated permitting (by July 2028).

Major changes since initial drafting: Localities can offer "remote" inspections in lieu of "asynchronous"
Heat Pump Water Heater and HVAC Streamlining
Support
SB 222
(Wiener)
Support-if-Amended
SB 868
(Wiener)
SB 913 Becker — Requires the CPUC to enhance pathways for aggregated DERs to qualify as RA capacity and to allow LSEs to include those resources in RA compliance and procurement.

Ava proposed amendments – adopted: Allows (but does not require) CCAs to use DERs to meet RA obligations.

Major changes since initial drafting: Strengthens language "putting the burden" on DER providers to ensure they can deliver promised DR or supply when called upon.

Resource Adequacy for Aggregated Distributed Energy Resources Support
SB 913
(Becker)
Attachment Staff Report Item 17A
Solar
12 AB 2389 Irwin — Extends the property tax exclusion for certain customer-sited solar energy systems, including systems up to 10 kilowatts and those located on public property, through January 2032.

Ava proposed amendments – not adopted: Require new solar systems to include battery storage to qualify for the exemption, while preserving eligibility for existing and resilience-focused projects.

Solar Property Tax Exclusion
SB 868 Wiener — Exempts portable solar generation devices from interconnection requirements and prohibits IOUs and POUs from imposing fees or other related requirements. Authorizes utilities to require basic notification of device installation through a simple registration process, as specified. Sunsets on January 1, 2030.

Ava proposed amendments – not adopted: Require storage pairing and modern inverter standards for plug-in solar while maintaining basic oversight to protect grid reliability and mitigate cost impacts.

Portable (or "Plug In") Solar Interconnection Exemption Support-if-Amended
SB 868
(Wiener)
Support-if-Amended
AB 2389
(Irwin)
Attachment Staff Report Item 17A
Other
13 Support-if-Amended
AB 1975
(Schultz)
AB 1975 Schultz — Requires the CPUC to establish a grid utilization metric to measure electrical load as a percentage of system capacity; requires IOUs to publicly report on that metric; sets increasing minimum utilization targets; and establishes performance-based incentives or disincentives, while requiring utilities to propose programs to meet those targets.

Ava proposed amendments – not adopted: Ensure CCAs can participate in and benefit from grid utilization programs while preventing IOU-only implementation.

Grid Utilization Metric
AB 2266 Schultz — When introduced, the bill required the CPUC to consolidate specified reporting requirements into a single procurement plan, and (when feasible) consolidate compliance reporting for reliability requirements.

Major changes since initial drafting: Narrowed its mandate from aligning broader planning frameworks to ensuring consistent standards for LSE compliance. Under the new language CPUC now retains flexibility to use different methodologies for system planning reserve margin and evaluating short-term, mid-term, and long-term reliability needs.

Consistent reliability methodology
Support
AB 2266
(Schultz)
Attachment Staff Report Item 17A
State Budget Update
14 June Budget
Agreement
New incentives for
first-time ZEV buyers
($135.5 million)
Transfer ~$22 million
from DEBA to DSGS
(funds DSGS thru 2026)
CalFIRE
($1.25 billion from
GGRF)
August Budget
Trailers
Prop 4 Climate Bond
funding plan
($2.3 billion)
• $55 million for
community
resilience centers
• $20 million for
microgrids via DEBA
No change to existing
GGRF spending plan
• $1 billion for high
speed rail
• $1 billion for
legislature's
discretion
• ~$2 billion for variety
of 'Tier 3' programs
DSGS - No additional
funding beyond 2026
Transmission
Accelerator Revolving
Fund
($322.5 million)
Zero-emission truck
and bus incentives
($135.5 million)
Attachment Staff Report Item 17A
Looking Forward
15 December 7:
27/28 legislature sworn in
January 1:

New state statutes take effect
January 4:

New Governor takes office
27/28 legislative session begins in earnest
November 3:

Election day
Expect New Senate Pro Tem
Senator Monique Limon is termed out in 28'
Major Turnover in Makeup of Senate Energy
Sens. Wahab, Allen, Caballero, and Grove
not returning in January
New Chair for Senate Energy Committee
Senator Ben Allen termed out this year
Legislative Impact of
Administrative Turnover
New Governor takes office and two CPUC
and one CEC commissioners' terms
are coming to an end in 27'
Attachment Staff Report Item 17A
Full Universe of Ava Monitored Bills
AB 13 Ransom (D) PUC membership and reporting
AB 34 Patterson (R) Extends the authority of POUs to count large hydro towards RPS AB 61 Pacheco (D) Require PAO to analyze ratepayer impacts of mandated programs AB 705 Boerner (D) Creates independent PUC audit office AB 706 Aguiar-Curry (D) Fire fuel reduction procurement program AB 710 Irwin (D) POU dynamic pricing and advanced metering mandate AB 942 Calderon (D) Changes climate credit
AB 1020 Schiavo (D) Requires IOUs to report taxpayer funding AB 1156 Wicks (D) Reforms Williamson Act contract cancellation fees AB 1577 Bauer-Kahan (D) Data center monthly reporting
AB 1738 Carillo (D) Requires local governments to offer remote inspections AB 1761 Rogers (D) PCIA data transparency
AB 1787 Schultz (D) Require IOUs to offer a dynamic tariff if smart meter infrastructure is in place AB 1813 Ward (D) Require CEC evaluation of community solar re classification AB 1975 Schultz (D) Grid utilization metric 16
Bold Signed into law Italic Vetoed by Governor Strikethrough Did not advance Attachment Staff Report Item 17A
Full Universe of Bills
AB 2111 Papan (D) Transmission plan alignment with affordability and FERC Order 1920 AB 2175 Garcia (D) Allows aggregation of multiple meters for NBT AB 2182 Irwin (D) Creates IOU run industrial decarbonization program AB 2234 Papan (D) CEQA exemptions for some geothermal exploratory projects AB 2266 Schultz (D) CPUC to consider RA valuation standardization AB 2313 Berman (D) Require gas corporations to offer electrification incentives AB 2369 Rogers (D) Enables partial RA, allowing energy-only resources earn RA value AB 2383 Zbur (D) Require creation of a large load customer class and rate schedule AB 2463 Petrie-Norris (D) Require PUC to adopt standard formula for IOU return on equity AB 2464 Wicks (D) Require PUC to study clean firm's role in 2045 goal AB 2493 Petrie-Norris (D) Require IOUs to have an interconnection auditor AB 2516 Petrie-Norris (D) California Grid Manufacturing Initiative AB 2518 Sharp-Collins (D) Requires SDG&E to fast-track affordable housing energization AB 2589 Irwin (D) Requires PUC to analyze OBBBA and adjust rates to reflect impacts AB 2612 Schultz (D) Building standards for plug-in solar systems AB 2647 Calderon (D) Requires CEC to evaluate future of nuclear power in California 17 Attachment Staff Report Item 17A
Full Universe of Bills
AB 2748 Quirk-Silva (D) Revert EV regulations to 2022 state building code for BMR housing SB 222 Weiner (D) Heat pump water heater and HVAC system permitting streamlining SB 327 McNerney (D)
Prohibits IOUs from using ratepayer funds for advocacy activities related to municipalization
SB 332 Wahab (D) Study breaking up IOUs
SB 453 Stern (D) Microgrid incentive program
SB 742 Perez (D) IOUs to remove unused transmission facilities SB 842 Stern (D) Report on firm zero-carbon resources
SB 868 Wiener (D) Plug-in solar interconnection exemption SB 886 Padilla (D) Large load interconnection requirements SB 887 Padilla (D) Large load CEQA application
SB 905 Becker (D)
IOU ROE reduction, alternative financing, and distribution grid data sharing
SB 913 Becker (D) Resource Adequacy for aggregated distributed capacity resources SB 924 Hurtado (D) PUC to consider affordability when looking at home weatherization SB 925 McNerney (D)
Requires state strategy and permitting framework to advance fusion 18
Attachment Staff Report Item 17A
Full Universe of Bills
SB 943 Becker (D) Industrial billing and NBC/TAC reform SB 1138 Padilla (D) RA transactability
SB 1158 Stern (D)
Adds status of utility transmission upgrades and electrical grid infrastructure to Reliability Planning Assessment
SB 1167 Blakespear (D) Clarifies ebike definition and bans advertising of non-eligible bikes SB 1168 McNerney (D) Data center tariff study
SB 1233 Allen (D) Requires enhanced justification of CPUC findings tied to utility returns SB 1295 Stern (D)
Requires IOUs to evaluate distributed storage and nonwire alternatives and authorizes them to own distributed storage assets
Budget
Trailer Dept of Finance
Reallocates outstanding funding from the Distributed Energy Backup Assets (DEBA) program to the Demand Side Grid Support (DSGS) program
Budget
Trailer Dept of Finance
Transitions 2026 DSGS participants to the Emergency Load Reduction Program (ELRP) or an equivalent CPUC load reduction program. 19 Attachment Staff Report Item 17A
Staff Report Item 18
Staff Report Item 18
To: Ava Community Energy Authority
From: Howard Chang, CEO
Subject: Ava 5-year agency priorities
Date: 10/21/2026
__________________________________________________________________ Summary/Recommendation
Staff is providing an informational presentation providing an overview of Ava’s 5-year agency priorities.

Analysis and Context
Since Ava’s operational launch, staff have developed priorities to help guide staff workflows and deliverables. This presentation serves to provide an organized review of these priorities to the board. The presentation is not a comprehensive collection of all operational responsibilities, but rather more strategic needs from 2027-2031. The purpose is to raise awareness of these priorities with the board, seek feedback and alignment on what is identified, and provide a preview of substantive deliverables and future action items that staff will bring forward for discussion in 2027.

Attachment
A. 5-year Agency Priorities PPT
5-Year Agency Priorities
October 21, 2026
Attachment Staff Report Item 18A
Introduction
2 Purpose:

Receive an informational
presentation that outlines strategic
priorities for the agency over the
next 5 years (2026–2031)
Note: This does not reflect a comprehensive review
of all operational priorities and deliverables.

Electrify
Everything
Provide Affordable,
Clean Power to
Everyone
Defeat Existential
Threats
Build an Ethos-Driven Organization
Agency Objectives & Key Results (OKRs)
Attachment Staff Report Item 18A
Provide Affordable, Clean
Power to Everyone
3 Attachment Staff Report Item 18A
4 Target Key Results:

1. Decrease greenhouse gas (GHG) emissions within Ava’s wholesale energy portfolio

2. Ensure adequate generation and capacity resources to meet current and future load

3. Stabilize and lower wholesale energy costs
Example KPIs include: GHG emissions, GHG reduction, Rates: ¢ /kWh, PPA price: $/MWh, Peak load (GW) vs. volumetric load (GWh), etc.

Objective:

Decarbonize Ava’s
wholesale energy
supply and drive
down costs for our
customers
Provide Affordable, Clean Power to Everyone
Attachment Staff Report Item 18A
Channel & Deliverables Mechanism/Strategy
Establish long-term power
procurement targets
● Evaluate 24x7 vs. net annual emissions accounting frameworks and changing power content regulatory requirements
● Complete supplemental internal IRP analysis and align on emissions/power content focused targets for 2030 and beyond
Renewable 100 & Bright
Choice roadmap ● Evaluate a price and power content roadmap given convergence of these two products Energy prepay
optimization
● Maximize and optimize operations of energy prepay transaction to utilize tax exempt status and structurally lower procurement costs
Power generation project
ownership
● Evaluate value creation and risk mitigation benefits
● Review a project to pilot ownership
Innovation
● Continue to create new power contracting structures to diversify and mitigate risk (e.g. Options agreements, interconnection enhancement agreements, hybridization projects, etc.) ● Evaluate emerging technologies to advance CA energy goals Optimize equity-based
funding tools
● Maximize local renewable energy projects in disadvantaged communities as part of DAC-GT program ● Evaluate rate structures and cost allocation among customer segments; optimize Ava rate structures and CARE/FERA customer eligibility
Policy advocacy ● Engagement on IRP and Reliable and Clean Power Procurement Program (RCPPP) CPUC proceedings regarding procurement and emissions requirements 5 Execution Mechanisms & Strategies
Provide Affordable, Clean Power to Everyone
Attachment Staff Report Item 18A
Key Deliverables
6 In the next year Over the next 5 years At the end of 5 years A. Evaluate 24x7 emissions
reporting requirements as
indicated by CPUC and CEC
B. Complete supplemental IRP
analysis to evaluate least cost
power portfolios across different
emissions frameworks
C. Execute on 1-2 additional energy
prepay transactions
D. Evaluate power generation
project ownership for board
consideration
A. Align power content targets with
changing regulatory environment
B. Develop mid-term Renewable 100
and Bright Choice content and
price roadmap
C. Execute [3-4] energy prepay
transaction repricings
D. Initiate project ownership pilot(s)
A. Establish long-term
procurement targets within a
24x7 emissions framework
B. Assess project ownership
scalability and target portfolio
share
C. Define portfolio cost target
ranges ($/kWh cost or %
discount to PG&E)
Provide Affordable, Clean Power to Everyone
Attachment Staff Report Item 18A
Electrify Everything
7 Attachment Staff Report Item 18A
8 Target Key Results:

1. Decrease emissions from buildings and transportation across our service area

2. Improve customer affordability of electrification measures

3. Leverage electrification to create cost savings for all customers

4. Bring electrification benefits to priority communities

5. Increase community resilience

6. Facilitate economic development opportunities
Example KPIs include: GHG reduction, $’s deployed, $’s saved, # of customers served, etc.

Objective:

Leverage our clean energy
supply in electrifying
buildings and
transportation to create
tangible and sustained
value for our customers
and communities
Electrify Everything
Attachment Staff Report Item 18A
Channel & Deliverables Mechanism/Strategy
Customer Programs ● Customer Programs Strategy: Defines the objective, strategic priorities, and success metrics that lead to a portfolio of program concepts.

Municipal Support ● Advance energy and climate goals of our municipal members e.g. project investment, technical assistance, and economic development opportunities Grants ● Current priority areas: Workforce Development, Education, Community Empowerment, Research & Innovation
Rate structures
● Utilize rate structures and dynamic pricing to drive deeper decarbonization through electrification. Includes: Hourly Flex Pricing, Time-of-Use rates, and other structures that support Virtual Power Plants (VPP), load modification, or load reduction. ● May be influenced by regulatory mandates
Policy Advocacy
● Defined by Ava’s legislative platform and regulatory agenda ● Coordinated to support the objective and priorities identified in the Customer Programs Strategy
Local/State Ordinances or
mandates
● Not within Ava’s direct control, but Ava may support local code, permitting, and other supplemental municipal services
Execution Mechanisms & Strategies
Electrify Everything
Attachment Staff Report Item 18A
10 Key Deliverables
In the next year Over the next 5 years At the end of 5 years A. Customer Programs Strategy
with identified priorities for
focus of next 5 years
B. Customer Programs Funding
Plan
C. Adaptive Program Portfolio
A. Phased implementation of
Customer Programs
B. Tracking of programmatic
success metrics
C. Adaptation/iteration of
individual programs to align with
portfolio targets and market
conditions while honoring
established strategy
A. Report out on success metrics
identified as part of Customer
Programs Strategy
B. Analysis of assets in Virtual
Power Plant to determine
long term resource viability/
scalability
C. Revisit Customer Programs
Strategy to align with current
customer needs and priorities
Electrify Everything
Attachment Staff Report Item 18A
Defeat Existential Threats
11 Attachment Staff Report Item 18A
12 Defeat Existential Threats
Target Key Results:

1. Maintain effective governance through informed decision making, strong oversight & controls, and full transparency

2. Establish long-term sustainable rate structure competitiveness

3. Build financial resilience through a strong balance sheet, ample liquidity, and high credit quality

4. Minimize operating risks related to customer billing capabilities, power resource management tools, and
cybersecurity

5. Advocate in the regulatory and legislative fields to protect Ava ratepayers, advance Ava priorities, and maintain autonomy Example KPIs include: Value Proposition on rates, Reserve funding levels, Rate Stabilization Fund levels, Credit rating, IT penetration testing, Load served, etc.

Objective:

Mitigate
organizational risks
and protect Ava’s
local autonomy in
how we serve our
customers and
communities
Attachment Staff Report Item 18A
13 Defeat
Existential
Threats
Policy
Advocacy &
Compliance
Financial
Resilience
Sustained
Competitive
Rates
Operational
Readiness
Effective
Governance
Strategies &
Mitigations
Supporting
Ava’s Mission
Defeat Existential Threats
Attachment Staff Report Item 18A
Channel & Deliverables Mechanism/Strategy
Effective Governance
● Facilitate informed decision making through enhanced education, retreats, and community engagement ● Enhance controls and ensure comprehensive oversight through periodic review of policies, consideration of operational audits, and implementation of a formal enterprise risk management framework ● Evaluate and strengthen governance structure as needed Establish sustainable
competitive rate
structure
● Evaluate rate-indexing methodology and longer-term value proposition setting; consider more granular rate variations and dynamic rate structures
● Evaluate cost structures related to customer segmentation and regional load shapes ● Build strong rates competency
Financial Resilience
● Maintain a strong balance sheet and liquidity to mitigate risk and create value ● Target Reserve and RSF funding timeframes & utilization plans ● Maintain A- credit rating and evaluate upgrade prioritization - implications on credit facility costs, project debt costs if owning
Policy Advocacy &
Compliance
● Take action for short-term PCIA defense and longer-term reform ● Enhance ratepayer advocacy
● Advocate for procurement and rate setting autonomy
● Ensure compliance in regulatory, legislative, CA, and federal obligations Operational Readiness ● Build necessary and value creating operating capabilities (e.g. billing, scheduling, DERMS, power resource management/optimization)
● Implement Cybersecurity defenses
● Maintain optimal economies of scale and consider growth with strategic load growth and territory expansion Execution Mechanisms & Strategies
Defeat Existential Threats
Attachment Staff Report Item 18A
15 In the next year Over the next 5 years At the end of 5 years A. Implement a formal enterprise
risk management framework
to measure, mitigate, and
communicate risks
B. Improve board and community
engagement
C. CPUC PCIA Track 3
engagement
D. Initiate Phase 1 of rates
analysis to evaluate various
rate structures
A. Undergo build vs. buy analysis to
evaluate mission critical
operating capabilities
B. Review long-term funding plans
to meet target Reserve Fund and
Rate Stabilization Fund levels
C. Advocate on longer-term PCIA
and other potential regulatory
reform
D. Identify potential rate structure
changes to optimize cost
allocation and long term value
proposition
A. Evaluate debt optimization for
project ownership and
programs
B. Establish plans to meet target
financial funding goals
C. Preserve local decision
making and maintain
procurement autonomy
D. Establish timeline to
implement rate structure
adjustments
Key Deliverables
Defeat Existential Threats
Attachment Staff Report Item 18A
Build an Ethos-Driven
Organization
16 Attachment Staff Report Item 18A
17 Target Key Results:

1. Sustain a high-quality and engaging employee experience

2. Retain and grow top talent through strong manager
effectiveness, development, and performance systems

3. Establish clear, consistent collaboration and
communication practices enabled by tools, technology,
and operational frameworks

4. Ensure a secure, safe, and compliant workplace and
environment that protects staff, data, and operations
Example KPIs include: Employee Net Promoter Score (eNPS), Employee retention, Staffing headcount
Objective:

Create an employee
experience and
operational environment
where staff can thrive,
collaborate effectively,
grow professionally, and
safely deliver on Ava’s
mission
Build an Ethos-Driven Organization
Attachment Staff Report Item 18A
The People and
Tools to Power
Ava’s Mission
18 Build an
Ethos-Driven
Organization
Workforce
Planning &
Talent
Collaboration
& Ways of
Working
Leadership &
Manager
Development
Performance,
Growth &
Rewards
Employee
Experience &
Culture
Technology &
Tool
Enablement
Build an Ethos-Driven Organization
Attachment Staff Report Item 18A
19 Execution Channel Mechanism/Strategy
Workforce Planning & Talent ● Use 3-5 year workforce planning, recruitment, succession planning, and internal growth pathways to build future organizational capacity Employee Experience & Culture ● Use engagement surveys, onboarding, recognition, DEIB initiatives, and Ethos-based programs to strengthen connection and belonging
Leadership & Manager Development ● Build leadership and manager effectiveness through training, coaching, shared expectations, and team-development support
Performance, Growth & Rewards ● Align OKRs, feedback, performance management, compensation, and development to reinforce impact and employee growth
Collaboration & Ways of Working ● Establish clear communication practices, cross-functional workflows, project management standards, and knowledge-sharing systems
Technology & Tool Enablement ● Adopt tools, technology, and AI that improve the employee experience, collaboration, efficiency, and decision-making
Execution Mechanisms & Strategies
Build an Ethos-Driven Organization
Attachment Staff Report Item 18A
20 In the next year Over the next 5 years At the end of 5 years A. Develop 3-5 year workforce
hiring plan
B. Launch a multi-year succession
planning initiative
C. Assess AI adoption
opportunities, conducting pilots
and enhancing how we work with
a “put people first” mentality
D. Define and measure manager
effectiveness and provide
training and workshops to
support manager growth and
alignment.

A. Execute & refine long-term
workforce hiring plan, inclusive
of relevant outcomes from
succession planning and
operational initiatives
B. Focused training efforts
aligned with opportunities
identified in engagement
surveys and other
assessments
C. Continued optimization of goal
setting, performance, and
retention practices
A. Continuous optimization of
tools across the agency,
inclusive of newly adopted
technology
B. Maintain a high performance
based culture with strong
staff retention
C. Provide the people and tools
to effectively deliver on the
goals previously stated
Key Deliverables
Build an Ethos-Driven Organization
Attachment Staff Report Item 18A
Conclusion
21 Attachment Staff Report Item 18A
Conclusion
22 • 2031 will approach quickly and this
presentation consolidates the broad range of
strategic priorities that Ava needs to resource
outside of the day to day operational needs
• While this list of objectives, key results, and
deliverables is not comprehensive of all
priorities, even what has been presented here
will need to be further prioritized &
streamlined given limited time and resources
• Staff welcomes board feedback on this
informational presentation
Electrify
Everything
Provide Affordable,
Clean Power to
Everyone
Defeat Existential
Threats
Build an Ethos-Driven Organization
Attachment Staff Report Item 18A
Glossary Appendix
23 Attachment Staff Report Item 18A
Acronym Glossary
24 Acronym Definition
IRP Integrated Resources Plan
IT Information Technology
KPI Key Performance Indicator
kWh Kilowatt-hour
MW Megawatt
OKR Objectives and Key Results
PCIA Power Charge Indifference Adjustment
PPA Power Purchase Agreement
RCPPP Reliable and Clean Power Procurement Program
RSF Rate Stabilization Fund
TWh Terawatt-hour
VPP Virtual Power Plant
Acronym Definition
24x7 24 hours, 7 days/week
AI Artificial Intelligence
CARE/FERA California Alternate Rates for Energy /
Family Electric Rate Assistance
CEC California Energy Commission
CPUC California Public Utilities Commission
DAC-GT Disadvantaged Community Green Tariff
DEIB Diversity, Equity, Inclusion, and Belonging
DERMS Distributed Energy Resource Management System
eNPS Employee Net Promoter Score
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Attachment Staff Report Item 18A

Staff Report Item 19
Staff Report Item 19
To: Ava Community Energy Authority
From: Annie Henderson, Chief Customer Officer
Subject: Informational report on general customer survey and commercial customer survey results
Date: October 21, 2026
__________________________________________________________________ Summary
Staff conducted two customers surveys. The first was an on-line survey of more than 550 residents of Alameda and San Joaquin Counties. The second survey was conducted by an Oakland firm, EMC Research, that performed online and telephone surveys of 192 commercial customers of Ava Community Energy. This report and presentation shared the results of the two surveys.

Financial Impact
Staff used AYTM for the general public survey at a cost of less than $3,000, including respondent incentives. The cost of the EMC Research commercial customer survey is approximately $30,000. Both costs were included as part of the approved budget for this fiscal year. This item requests no additional expenditure or Board action.

Analysis and Context
General Customer Online Survey
Staff Report Item 19
Ava has surveyed customers in several formats since before the start of service in 2018. Earlier surveys examined awareness of Ava, interest in electrification, service preferences and communications. The current surveys added questions asking respondents to rank electricity provider qualities, allocate 100 points among possible uses of surplus revenue, and choose one use if only one could be funded. These responses provide one input to staff and Board deliberations; they are not a representative vote on a specific budget proposal.

Methodology
Staff developed and fielded the survey on AYTM and used zip codes to screen responses. The presentation reports 600 completed surveys: 407 from Alameda County, 150 from San Joaquin County and 43 from Contra Costa or Santa Clara County. The 43 outside-county responses were excluded, leaving 557 responses from the two counties (approximately 73% Alameda County and 27% San Joaquin County).

For comparison, the count of customer accounts are approximately 77% Alameda County and 23% San Joaquin County.

Results
When respondents ranked six qualities of an electricity provider, 39% placed low rates first and 30% placed reliable electricity service first. Programs and incentives (9%), renewable electricity (9%), community grants (7%) and public agency status (6%) followed. An appendix slide reports that 77% put low rates and 71% put reliability in their top three; the corresponding figure for programs was 47%.

When distributing 100 points among six possible uses of surplus revenue, respondents assigned an average of 24.92 points to ongoing savings through lower rates.

Renewable energy received 16.88 points, customer programs 16.75, a one-time bill credit 15.37, rate stability 14.22 and other carbon-free energy 11.87. The average points reflect relative preference across the listed options, not dollar allocations.

When required to pick a single use, 224 of 557 respondents (40%) chose lower rates.

Renewable energy received 97 selections (17%), programs 66 (12%), a bill credit 64 (11%), rate stability 63 (11%) and other carbon-free energy 43 (8%).

Taken together, the answers place affordability first, especially ongoing lower rates.

Respondents also value reliability, although electric distribution service is principally PG&E’s responsibility. Interest in renewable energy and programs is meaningful even though those options were selected less often than lower rates. The survey questions did not provide respondents with Ava’s current power mix, which limits how the renewable and carbon-free choices can be interpreted, but does indicate that customers value our carbonfree 2030 goal.

Staff Report Item 19
Commercial Customer Survey
Methodology
Commercial customers account for more than 60% of Ava’s electricity load. Ava retained Oakland-based EMC Research for a more direct survey of known commercial accounts and people responsible for energy decisions. EMC used a mixed approach of online surveys and telephone interviews lasting approximately 12 to 15 minutes. The completed interview count is 192 surveys.

Results
Commercial customers valued lower rates (48%) and Reliability (26%) as the most important qualities in an electricity provider. The top choice for application of surplus revenue was to lower rates, followed by bill credits.

Main Takeaways from the Customer Surveys
Low rates are a clear priority across all survey responses for residential and customers.

Customers care about reliability, though Ava has little to no control in this area.

Residential customers consistently ranked programs third in level of importance and funding.

There was a persistent interest in renewable energy from residential customers.

Attachments
A. Customer Surveys Results Presentation

Customer Survey Results
October 21, 2026
Attachment Staff Report Item 19A
Introduction
Purpose
• This is an informational report to the Board of Directors regarding recent survey results from polling of local residents and Ava Community Energy commercial customers.
• No action is requested.

Agenda
• Background
• General Public
▪ Methodology for General Public Survey
▪ General Public Survey Results
• Commercial Customers
▪ Methodology for Commercial Customer Survey
▪ Commercial Customer Survey Results
• Summary & Conclusion
2 Attachment Staff Report Item 19A
Background
• We have surveyed customers since prior to start of service in 2018 and used different formats over time
• In the most recent survey, we asked similar questions to prior surveys and further specifically asked customers to:
▪ stack rank choices for the level of importance of utility service characteristics ▪ assign value to various applications of surplus revenue ▪ make a single selection for application of surplus revenue • Additionally, we created a higher-touch survey focused on commercial customers specifically
3 Attachment Staff Report Item 19A
General Public Survey
4 Attachment Staff Report Item 19A
5 General Public Survey Methodology
• Utilized an online platform called Ask Your Target
Market (AYTM)
• Geofenced responses by zip code
• Actual personally identifiable data not included,
possible that a survey could be completed by an
individual who opted out of Ava Community Energy
service
• Following results based on 557 surveys from
Alameda and San Joaquin County
▪ 407 Alameda County /150 San Joaquin County
▪ Compared survey results to Ava service territory
By Survey Responses
By Accounts
Attachment Staff Report Item 19A
6 Survey Demographics
● Alignment: Survey responses generally track to local demographic distribution for geography, race, and age ● Over Sample: Larger representation of lower income population and renters compared to local demographics *2024 county-level income and housing data from https://datausa.io/ Attachment Staff Report Item 19A
General Public Question 1
7 First Choice
In terms of your electricity provider,
how important are the following
qualities?
[stack rank following options]
● Low rates
● Reliable electricity service
● Electricity comes from renewable sources
like wind and solar power
● Offers energy-related programs and
incentives
● Provides grants to the communities it serves
● Is a public agency (not a for-profit company)
Attachment Staff Report Item 19A
General Public Question 2
8 Distribution of 100 points
Revenue sometimes exceeds
what is needed for operating
costs. In your opinion, how
should excess revenue be
invested?
[assign 100 points across following options]
● Provide ongoing savings by lowering
rates
● Provide more renewable energy, like
solar and wind
● Provide more customer programs, like
rebates and incentives
● Provide one-time bill savings with a credit
● Increase predictability by keeping rates
stable year over year
● Provide more carbonfree energy, like
nuclear and hydro
Attachment Staff Report Item 19A
General Public Question 3
9 Pick only one if surplus revenue available
If only one option can be
funded, which would you
choose?
Attachment Staff Report Item 19A
Surplus Revenue Results - Combination of Q2 and Q3
10 Attachment Staff Report Item 19A
Commercial Customer Survey
11 Attachment Staff Report Item 19A
Commercial Customer Survey Methodology
• Commercial customer load represents
62% of total load served
• In order to better represent the needs
and priorities of these customers, we
had to take a more hands-on approach
to surveying
• Through EMC Research, a market
research firm located in Oakland, we
targeted known commercial accounts
and individuals responsible for energy-related decisions • Completed 192 surveys
12 Ava Customers
Commercial Load Commercial Accounts
Attachment Staff Report Item 19A
Commercial Customer Survey Demographic Results
13 Size Based on Load Total Distribution by # Ava Accounts (reference)
Large 16 (8%) 5%
Medium 41 (21%) 20%
Small 120 (63%) 68%
Agriculture 15 (8%) 7%
Total 192 (100%)
Completed survey demographics reflect our commercial customer distribution by size, type, and geography.

Attachment Staff Report Item 19A
Commercial Question 1
14 Most Important
In terms of your electricity provider, how
important are the following qualities?
Users had to select one most important quality
● Offers low rates
● Offers predictable bills month to month
● Provides reliable electricity service
● Provides electricity from renewable sources such as wind and solar power
● Is a public agency (not a for-profit company)
● Offers energy-related programs and incentives for
businesses
Attachment Staff Report Item 19A
Commercial Question 2
15 As a not-for-profit agency, Ava’s revenue may
sometimes exceed what is needed for
operations. In an event like this, how would
your business most prefer Ava Community
Energy to allocate that excess revenue?
[Users had to identify their top selection] ● Provide a one-time bill savings with a credit ● Provide ongoing savings by lowering rates ● Increase predictability by avoiding rate increases and keeping rates stable year
over year
● Provide more customer programs, such as
additional rebates and incentives
● Invest in more renewable energy,
increasing use of solar and wind power
● Provide access to new sources of
carbonfree energy, like nuclear and
hydroelectric power
Top Choice
Attachment Staff Report Item 19A
Summary & Conclusion
16 Attachment Staff Report Item 19A
17 Most Important Quality for
Electricity Provider
Top Choice for Surplus Allocation
Residential/
General Public Commercial Residential/General Public Commercial First Low Rates (39%) Low Rates (48%) Low Rates (40%) Low Rates (39%) Second Reliability (30%) Reliability (26%) Renewables (17%) Bill Credit (19%) Third Renewables (9%) (tie) Renewables (10%) Programs (12%) (tie) Rate Stability (16%) Fourth Programs (9%) (tie) Programs (5%) (tie) Rate Stability (12%) (tie) Renewables (14%) Fifth Grants (7%) Non-Profit (5%) (tie) Bill Credit (11%) Programs (6%) (tie) Sixth Non-Profit (6%) Rate Stability (4%) Carbonfree (8%) Carbonfree (6%) (tie) Attachment Staff Report Item 19A
Conclusion
18 • Staff is providing this as information for the Board, no action requested • As part of our regular on-going work, Staff captures customer feedback and general sentiment through event interaction summaries, call center notes, social media listening, customer satisfaction surveys, program surveys, and awareness surveys. This information informs operational decisions around marketing messages, program design, and other aspects of our day-to-day work.
• This report is part of our effort to share important context and insights on our customers with the Board to better inform future Board discussions Attachment Staff Report Item 19A

Ava Community Energy Board of DirectorsOctober 21, 2026

Ava Community Energy Board of Directors
October 21, 2026