Agenda packet — WestLight Energy Board of Directors, August 22, 2024 (part 1 of 2)

2075 Woodside Road | Redwood City, CA 94061
(650) 260-0005 | peninsulacleanenergy.com
Regular Meeting of the Board of Directors of the
Peninsula Clean Energy Authority (PCEA)
AGENDA
Thursday, August 22, 2024
6:30 pm
PLEASE NOTE: This meeting will be held in a hybrid format with both in-person and Zoom participation options for members of the public;
Board members shall appear in person.

In-Person Meeting Locations:

PCEA Lobby, 2075 Woodside Road, Redwood City, CA 94061
Los Banos City Hall, Conference Room B, 520 J Street, Los Banos, CA 93635 Zoom, Virtual Meeting Link:

Meeting ID: 874-9664-9657 Passcode: 2075 Phone: +1 (669) 444-9171 Introduction
This meeting of the Board of Directors will be held at the Peninsula Clean Energy Lobby: 2075 Woodside Road, Redwood City, CA 94061 and Los Banos City Hall, Conference Room B, 520 J Street, Los Banos, CA 93635 and by teleconference pursuant to California Assembly Bill 2449 and the Ralph M. Brown Act, CA Gov’t Code. Section 54950, et seq. Members of the Board are expected to attend the meeting in person and should reach out to Assistant General Counsel for Peninsula Clean Energy, Jennifer Stalzer, with questions or accommodation information ([email protected]). For information regarding how to participate in the meeting remotely, please refer to the instructions at the end of the agenda. In addition, a video broadcast of the meeting can be viewed at https://www.peninsulacleanenergy.com/board-of-directors following the meeting.

Public Participation
The PCEA Board meeting may be accessed through Zoom online at https://pencleanenergy.zoom.us/j/87496649657. The webinar ID is: 874-9664-9657 and the passcode is 2075. The mee&ng may also be accessed via telephone by dialing +1(669) 444-9171. Enter the webinar ID: 874-9664-9657, then press #. (Find your local number:
https://pencleanenergy.zoom.us/u/kTlH1Ocod). Peninsula Clean Energy uses best efforts to ensure audio and visual clarity and connectivity. However, it cannot guarantee the connection quality.

Members of the public can also attend this meeting physically at the Peninsula Clean Energy Lobby at 2075 Woodside Road, Redwood City, CA 94061 or Los Banos City Hall, Conference Room B, 520 J Street, Los Banos, CA 93635.

Written public comments may be emailed to PCEA Board Clerk, Nelly Wogberg ([email protected]) and such written comments should indicate the specific agenda item on which the member of the public is commenting.

Spoken public comments will be accepted during the meeting in the Board Room(s) or remotely through Zoom at the option of the speaker. Please use the “Raise Your Hand” function in the Zoom platform, or press *6 if you phoned into the meeting, to indicate that you would like to provide comment. 1 1. Informational Briefing from Caltrain representative, Brent Tietjen, External Affairs Manager

2. Approval of a Resolution Appointing a Los Banos Representative to the Community Advisory Committee

3. Approval of Contract Renewal with Maher Accountancy

4. Approval of an EV Ready Program Fund Reservation Agreements, Providing Approximately $308,000 in Customer Incentives

5. Approval of Member Agency Energy Grant Agreements

6. Approval of Second Amendment to Second Agreement with the Law Firm of Braun Blaising & Wynne, P.C., in an Amount Not-to-Exceed $150,000 for a Total Contract Not-to-Exceed Amount of $600,000.

7. Approval of Minutes from November 16, 2023, June 27, 2024, and Correction of April 25, 2024 Board of Directors Meetings
Please note that Peninsula Clean Energy Board of Directors meetings are a limited public forum, and all public comment must relate to something that is within the subject matter jurisdiction of the Board. If comments do not relate to the subject matter jurisdiction of the Board, we will stop the comment and move on to the next speaker. General Counsel will assist in identifying comments that are not related to the subject matter jurisdiction of the Board.

ADA Requests
Individuals who require 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, should contact Nelly Wogberg, Board Clerk, by 10:00 a.m. on the day before the meeting at ([email protected]). Notification in advance of the meeting will enable PCEA to make reasonable arrangements to ensure accessibility to this meeting, the materials related to it, and your ability to comment.

Closed Captioning is available for all PCEA Board meetings. While watching the video broadcast in Zoom, please enable captioning.

CALL TO ORDER / ROLL CALL / APPROVE TELECONFERENCE PARTICIPATION UNDER AB 2449
This item is reserved to approve teleconference participation request for this meeting by Director pursuant to Brown Act revisions of AB 2449 due to an emergency circumstance to be briefly described.

PUBLIC COMMENT
This item is reserved for persons wishing to address the Board on any PCEA-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. Members of the public who wish to address the Committee are customarily limited to two minutes per speaker. The Board Chair may increase or decrease the time allotted to each speaker.

PRESENTATIONS and ACKNOWLEDGMENTS

ACTION TO SET AGENDA AND TO APPROVE CONSENT AGENDA ITEMS

REGULAR AGENDA
2 8. Chair Report (Discussion)

9. CEO Report (Discussion)

10. CAC Report (Discussion)

11. Approval of a Resolution to Delegate Authority to the Chief Executive Officer to Finalize and Execute a Contract with the San Mateo County Office of Education for an Amount Not-to-Exceed $210,000 in Fiscal Year 2024-2025 (Action)

12. Approval of a Resolution to Delegate Authority to the Chief Executive Officer to Finalize and Execute a Contract with the County of San Mateo Sustainability Division for the Youth Climate Ambassadors Program for an Amount Not-to-Exceed $50,000 in Fiscal Year Ends 2025 and 2026 (Action)

13. Approval of Proposed Administrative Updates to the Peninsula Clean Energy Authority Joint Powers Authority (JPA) Agreement (Action)

14. Approval of the First Amendment to the Agreement with Shawn E. Marshall, Chief Executive Officer, for the term of July 1, 2023 to June 30, 2026, increasing the annual salary amount to $393,750 and awarding a bonus of $25,000 (Action)

15. Discussion of Program Innovation and Funding Opportunities (Discussion)

16. Discussion of Peninsula Clean Energy's Brand Strategy Update (Discussion)

17. Board Members’ Reports (Discussion)

18. Update on Legislative Activities

19. Energy Supply Procurement Quarterly Report

20. Community Programs Quarterly Report

21. Regulatory Policy Team Quarterly Report

22. Report on California Community Power (CCP) Joint Powers Authority

23. Acronym List

INFORMATIONAL REPORTS

ADJOURNMENT
Public records that relate to any item on the open session agenda are available for public inspection. The records are available at the Peninsula Clean Energy offices or on PCEA Website at:
https://www.peninsulacleanenergy.com.

JOINING INSTRUCTIONS
3 Instructions for Joining a Zoom Meeting via Computer or Phone Best Practices:

Please mute your microphone when you are not speaking to minimize audio feedback If possible, utilize headphones or ear buds to minimize audio feedback If participating via videoconference, audio quality is often better if you use the dial-in option (option 2 below) rather than your computer audio
Options for Joining
Videoconference with Computer Audio - see Option 1 below Videoconference with Phone Call Audio - see Option 2 below Calling in via Telephone/Landline - see Option 3 below
Videoconference Options:

Prior to the meeting, we recommend that you install the Zoom Meetings application on your computer by clicking here https://zoom.us/download.

If you want full capabilities for videoconferencing (audio, video, screensharing) you must download the Zoom application.

Option 1 Videoconference with Computer Audio:

From your computer, click on the following link that is also included in the meeting calendar invitation: https://pencleanenergy.zoom.us/j/87496649657 The Zoom application will open on its own or you will be instructed to open Zoom.

After the application opens, the pop-up screen below will appear asking you to choose ONE of the audio conference options. Click on the Computer Audio option at the top of the pop-up screen.

Click the blue, "Join with Computer Audio" button.

In order to enable video, click on "Start Video" in the bottom left-hand corner of the screen. This menu bar is also where you can mute/unmute your audio.

Option 2 Videoconference with Phone Call Audio
From your computer, click on the following link that is also included in the meeting calendar invitation: https://pencleanenergy.zoom.us/j/87496649657 The Zoom Application will open on its own or you will be instructed to Open Zoom. 4 After the application opens, the pop-up screen below will appear asking you to choose ONE of the audio conference options. Click on the Phone Call option at the top of the pop-up screen.

Please dial +1 (669) 444-9171.

You will be instructed to enter the meeting ID: 874-9664-9657 followed by #.

You will be instructed to enter in your participant ID. Your participant ID is unique to you and is what connects your phone number to your Zoom account.

After a few seconds, your phone audio should be connected to the Zoom application on your computer.

In order to enable video, click on "Start Video" in the bottom left-hand corner of the screen. This menu bar is also where you can mute/unmute your audio.

Audio Only Options:

Please note that if you call in/use the audio only option, you will not be able to see the speakers or any presentation materials in real time.

Option 3: Calling in via Telephone/Landline:

Please dial +1 (669) 444-9171.

You will be instructed to enter the meeting ID: 874-9664-9657 followed by #.

You will be instructed to enter your Participant ID followed by #. If you do not have a participant ID or do not know it, you can press # to stay on the line.

You will be instructed to enter the meeting passcode 2075 followed by #. 5 DATE: August 12, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Kirsten Andrews-Schwind, Associate Director of Community Relations and Climate Equity and Vanessa Shin, Associate Manager of Community Relations SUBJECT: Approval of a Resolution Appointing a Los Banos Representative to the Community Advisory Committee
Item No. 2

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approval of a Resolution Appointing a Los Banos Representative to the Community Advisory Committee

BACKGROUND
On February 23, 2017, the Peninsula Clean Energy Board of Directors approved a proposal and a resolution approving the formation of a Citizens Advisory Committee (CAC)—renamed to the Community Advisory Committee in 2023—and indicating that it should consist of 11 to 15 members. On May 24, 2017, the Board of Directors appointed 15 members to the CAC.

As outlined by the Board of Directors, the general term for CAC members is three years.

However, initial CAC members were appointed to staggered terms of either one year, two years, or three years. CAC members are eligible for reappointment for up to three total terms.

Los Banos Representation on the CAC
There is currently one vacancy on the CAC previously held by a representative from Los Banos. Daniel Baerwaldt, resident of Los Banos, served on the CAC from 2021-2024. Daniel Baerwaldt's term ended in 2024, and he did not request reappointment.

Due to the unique geography and demographics of Los Banos, the Board Subcommittee on CAC Recruitment recommended maintaining representation from Los Banos on the CAC. For the vacancy created by Daniel Baerwaldt of Los Banos, the Subcommittee suggested opening a special application period to identify candidates from Los Banos.

The following table describes the current composition of the CAC. 6 Name City
Term
Ends Status
Steven Booker Half Moon Bay 2025 Current member
Michael
Closson
Menlo Park 2026 Current member
Kathleen
Goforth
San Carlos 2025 Current member
Mele Heimuli East Palo Alto 2026 Current member
Aurelio Huizar Burlingame 2026 Current member
Gail Lee San Bruno 2026 Current member
Jason
Mendelson
Redwood City 2025 Current member
Desiree Thayer Burlingame 2026 Current member
Robert
Whitehair
San Mateo 2026 Current member
Diane Bailey Belmont 2027 Current member
Cheryl Schaff Menlo Park 2027 Current member
Joseph Chen San Bruno 2027 Current member
John McKenna Menlo Park 2027 Current member
Remi Tan Pacifica 2027 Current member
Current
Vacancy
Los Banos 2027 --

DISCUSSION
On June 27, 2024, the Peninsula Clean Energy Board of Directors formed a new Subcommittee on CAC Recruitment, consisting of Donna Colson, Marty Medina, Paul Llanez, and Tygarjas Bigstyck.

In June 2024, Staff publicly solicited applications to gather a pool of potential appointees. The recruitment was promoted to Los Banos residents through boosted social media posts. One application from a Los Banos resident, Damanpreet Sarai, was received and reviewed by staff. The Subcommittee on CAC Recruitment invited Damanpreet Sarai to participate in a 15- minute, virtual interview to discuss her qualifications and interest in the position.

Damanpreet Sarai is a science teacher at Pacheco High School passionate about promoting renewable energy and sustainability initiatives in the Los Banos community. In partnership with Peninsula Clean Energy, Damanpreet Sarai has raised awareness of clean energy through organizing a science fair that reaches 1200 students annually.

The Subcommittee recommends that the Peninsula Clean Energy Board of Directors appoint Damanpreet Sarai to the CAC.
7 RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

APPROVAL OF A RESOLUTION APPOINTING A LOS BANOS REPRESENTATIVE TO

THE COMMUNITY ADVISORY COMMITTEE
RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, State of California (“Peninsula Clean Energy” or “PCE”), that
WHEREAS, PCE was formed on February 29, 2016; and
WHEREAS, Section 3.5 of the PCE Joint Powers Agreement states that the “Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board”; and
WHEREAS, PCE believes that establishment of an advisory committee, made up of members drawn from the community, would assist PCE in carrying out its mission; and WHEREAS, the Board approved the creation of a Citizens Advisory Committee (“Committee” or “CAC”) on February 23, 2017, to be appointed by the PCE Board through an application process including review and recommendation by a committee of the PCE Board; and WHEREAS, the Board appointed fifteen members to the Citizens Advisory Committee on May 24, 2017; and
WHEREAS, in July 2023 the PCE Board of Directors approved changing its name from “Citizens Advisory Committee” to “Community Advisory Committee”; and WHEREAS, there was one vacancy on the CAC caused by a Los Banos representative who did not request reappointment in 2024; and
WHEREAS, for the vacancy created by the former member in Los Banos, the Board Subcommittee on CAC Recruitment recommended opening a special application period to identify candidates in Los Banos; and
WHEREAS, the Board publicly solicited applications for a Los Banos representative to the CAC in June 2024; and
WHEREAS, the Board Subcommittee on CAC Recruitment recommends appointing Damanpreet Sarai to the CAC; and
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board appoints 8 Damanpreet Sarai hereto as a member of the Community Advisory Committee for the term 2024-2027.
* * * * * *
9 DATE: August 9, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Nicholas Bijur, Chief Financial Officer
SUBJECT: Approval of Contract Renewal with Maher Accountancy Item No. 3

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Authorize execution of an agreement between Peninsula Clean Energy (PCE) and Maher Accountancy for the period of July 1, 2024 through June 30, 2025 in an amount not to exceed $290,000.

BACKGROUND
PCE has engaged Maher Accountancy to provide external accounting, payroll, and annual audit support services since October 1, 2016. A summary of services that are provided as part of Maher Accountancy’s monthly fee is as follows:

Process payroll, including managing and reporting payroll taxes.

Manage and process Accounts Payable including use of a cloud-based document management system supporting management review of expenses, segregation of duties, and access to source invoice and vendor data.

Set-up of wire transfer payments to vendors paid by wire.

Maintain the general ledger by posting billings and accruing revenue/expenses by reconciliation of PCE’s data manager reports of customer activity and Accounts Receivable.

Bank reconciliations.

Publish monthly financial statements showing monthly and year-to-date summaries compared to approved budget levels.

Monthly updated web portal providing access to professional services contract management.

The most recent contract for services (approved by the Board of Directors in July 2023), which covered the period from July 1, 2023, through June 30, 2024, was for a total of $258,150 and represented a 6% increase over the prior year. Both this year’s and last year’s contracts include a monthly fee for operational services plus a one-time fee for support of the audit of the prior fiscal year completed in the Fall of each year. 10 DISCUSSION
PCE has been very satisfied with the services provided by Maher Accountancy and has negotiated a new one-year agreement for continuation of those services. The cost of the accounting services as proposed will be $22,750 per month, plus a one-time fee of $17,000 for support of the annual audit of the FY2023-2024 financial statements.

The total fee is 12% higher than the prior contract year. The increase in the proposed fee is largely due to an increase in work required to account for PCE’s various customer programs, such as On-Bill-Financing, GovPV, and other incentives. In addition, PCE has experienced a significant increase in staff which has resulted in additional required accounting and payroll support.

As noted above, staff has been very satisfied with the myriad of accounting and operational services provided by Maher Accountancy since PCE's inception in 2016. Thus, staff is recommending a continuation of these services this fiscal year along with a plan to issue an RFP for similar services and/or consider options to bring the services in house in FY 2026. We will return to the Audit & Finance Committee next year with our findings and then to the Board if needed.

FISCAL IMPACT
The total fees for the contract period from July 1, 2024, through June 30, 2025, will be $290,000, which is slightly more than budgeted. The proposed increase in annual fees is in line with other CCAs of similar size and complexity.

ATTACHMENTS:

Proposed - Maher Accountancy - PCE Contract_FY 2024-2025.pdf 11 RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

APPROVAL OF CONTRACT RENEWAL WITH MAHER ACCOUNTANCY
RESOLVED, by the Peninsula Clean Energy Authority (PCEA) of the County of San Mateo, State of California, that
WHEREAS, PCEA was formed on February 29, 2016; and
WHEREAS, Maher Accountancy was selected to provide accounting, payroll, and audit support services to PCEA based on its experience with other CCA programs, expertise in bookkeeping, and the cost-effectiveness of its proposal; and WHEREAS, PCEA has contracted with Maher Accountancy to provide such services since October 1, 2016; and
WHEREAS, PCEA was most recently engaged in a contract with Maher Accountancy to provide such services for the term of July 1, 2023 through June 30, 2024; and WHEREAS, PCEA is now seeking to sign a contract with Maher Accountancy for the term of July 1, 2024 through June 30, 2025, in an amount not to exceed $290,00 in substantially the same form as the prior agreement; and
WHEREAS, Maher Accountancy has heretofore provided services to PCEA in a satisfactory manner and PCEA desires to continue working with Maher.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board delegates authority to CEO to execute said contract with Maher Accountancy in an amount not to exceed $290,000. 12

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AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

MAHER ACCOUNTANCY
This Agreement is entered into this 1st day of July 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA” and Maher Accountancy (a California Corporation), hereinafter called “Contractor.” * * *
Whereas, pursuant to Section 6508 of the Joint Exercise of Powers Act, PCEA may contract with independent contractors for the furnishing of services to or for PCEA; and Whereas, it is necessary and desirable that Contractor be retained for the purpose of accounting management services.

Now, therefore, it is agreed by the parties to this Agreement as follows:

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Services
Exhibit B—Payments and Rates
Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for PCEA in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

2. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. PCEA reserves the right to withhold payment if PCEA determines that the quantity or quality of the work performed is unacceptable. In the event that the PCEA makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the PCEA at the time of contract termination or expiration.

3. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2024, through June 30, 2025.

4. Termination; Availability of Funds
This Agreement may be terminated by Contractor or by the Chief Executive Officer of the Peninsula Clean Energy Authority or his/her designee at any time without a requirement of good cause upon thirty (30) days’ advance written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that prorated portion of the full payment determined by comparing the work/services actually completed to the work/services required by the Agreement. 13

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PCEA may terminate this Agreement, or a portion of the services referenced in the Attachments and Exhibits based upon the unavailability of Federal, State, or PCEA funds by providing written notice to Contractor as soon as is reasonably possible after PCEA learns of said unavailability of outside funding.

5. Contract Materials
At the end of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to as “contract materials”) prepared by Contractor under this Agreement shall become the property of PCEA and shall be promptly delivered to PCEA. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law.

6. Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of PCEA and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

8. Assignability and Subcontracting
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of PCEA. Any such assignment or subcontract without PCEA’s prior written consent shall give PCEA the right to automatically and immediately terminate this Agreement without penalty or advance notice.

9. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Contractor’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

10. Insurance
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a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by PCEA, and Contractor shall use diligence to obtain such insurance and to obtain such approval.

Contractor shall furnish PCEA with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to PCEA of any pending change in the limits of liability or of any cancellation or modification of the policy. b. Workers’ Compensation and Employer’s Liability Insurance Contractor shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor’s operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.

Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below:
☒ Comprehensive General Liability… $1,000,000
(Applies to all agreements)
☒ Motor Vehicle Liability Insurance… $1,000,000
(To be checked if motor vehicle used in performing services) ☐ Professional Liability………………. $1,000,000
(To be checked if Contractor is a licensed professional) PCEA and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to PCEA and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the PCEA or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only. 15

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In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, PCEA, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement.

11. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

12. Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.
b. Equal Employment Opportunity
Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to PCEA upon request.
c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.
d. Compliance with County’s Equal Benefits Ordinance
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With respect to the provision of benefits to its employees, Contractor shall comply with Chapter 2.84 of the County Ordinance Code, which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse. In order to meet the requirements of Chapter 2.84, Contractor must certify which of the following statements is/are accurate:
☒ Contractor complies with Chapter 2.84 by offering the same benefits to its employees with spouses and its employees with domestic partners.
e. Discrimination Against Individuals with Disabilities The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60–741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor must check one of the two following options, and by executing this Agreement, Contractor certifies that the option selected is accurate:
☒ No finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or any other investigative entity.
g. Reporting; Violation of Non-discrimination Provisions Contractor shall report to the Chief Executive Officer of PCEA the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Agreement or Section 11, above. Such duty shall include reporting of the filing of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based discrimination).

Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the Chief Executive Officer, including but not limited to the following:
i. termination of this Agreement;
ii. disqualification of the Contractor from being considered for or being awarded a PCEA contract for a period of up to 3 years;
iii. liquidated damages of $2,500 per violation; and/or iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by the Chief Executive Officer.
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To effectuate the provisions of this Section, the Chief Executive Officer shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement between Contractor and PCEA.

13. Compliance with County Employee Jury Service Ordinance Contractor shall comply with Chapter 2.85 of the County’s Ordinance Code, which states that Contractor shall have and adhere to a written policy providing that its employees, to the extent they are full-time employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with Contractor or that the Contractor may deduct from an employee’s regular pay the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County: “For purposes of San Mateo County’s jury service ordinance, Contractor certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy that complies with Chapter 2.85 of the County’s Ordinance Code.” The requirements of Chapter 2.85 do not apply if this Agreement’s total value listed Section 2, above, is less than one-hundred thousand dollars ($100,000), but Contractor acknowledges that Chapter 2.85’s requirements will apply if this Agreement is amended such that its total value meets or exceeds that threshold amount.

14. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California.
(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Contractor agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.

15. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this 18

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document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

16. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

17. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-260-0100
Email: [email protected]
In the case of Contractor, to:

Name/Title: Michael Maher, Vice President
Address: 1101 Fifth Ave, Ste 200, San Rafael, CA 94901
Telephone: 415-459-1249
Email: [email protected]

18. Electronic Signature
If both PCEA and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law, both boxes below must be checked.

Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

For PCEA: ☒ If this box is checked by PCEA, PCEA consents to the use of electronic signatures in relation to this Agreement.

For Contractor: ☒ If this box is checked by Contractor, Contractor consents to the use of electronic signatures in relation to this Agreement.

19. No Recourse Against PCEA’s Member Agencies
19

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Contractor acknowledges and agrees that PCEA is a Joint Powers Authority, which is a public agency separate and distinct from its member agencies. All debts, liabilities, or obligations undertaken by PCEA in connection with this Agreement are undertaken solely by PCEA and are not debts, liabilities, or obligations of its member agencies. Contractor waives any recourse against PCEA’s member agencies. * * *
20

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In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

PENINSULA CLEAN ENERGY AUTHORITY
By:

Date:

Maher Accountancy
Contractor’s Signature
Date:
21

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Exhibit A
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:

The proposed contract term covers July 1, 2024 through June 30, 2025. In no event will the cost to PCE during the contract term exceed the maximum sum of $290,000.

Operational Assistance:

1. Assist in review of operating budget in collaboration with management and technical consultants.

2. Maintain the general ledger by:
a. Posting billings, accrued revenue, cash receipts, accounts payable, cash disbursements, payroll, accrued expenses, etc.
b. Prepare or maintain the following monthly analyses regarding general ledger account balances:
i. Reconciling to statements from PCE’s financial institution for cash activity and balances,
ii. Reconcile customer data manager reports of customer activity and AR, iii. Estimated user fees earned but not billed as of the end of the reporting period, iv. Schedule of depreciation of capital assets,
v. Aged schedule of accounts payable and
vi. Schedules of details regarding all remaining balance sheet accounts.

3. Manage accounts payable: Maher Accountancy utilizes a cloud-based accounts payable document management system to provide for documentation of management review, proper segregation of duties, and access to source data. We ensure that required authorization is documented and that account coding is correct. Your staff then authorizes the release of payment by an independent payment service in order to provide an additional safeguard.

4. Assist with compliance with fiscal provisions of service vendor contracts: Before submitting vendor invoices for management approval, Maher Accountancy verifies that a vendor invoice with contract provisions regarding time periods, rates and financial limits.

5. Monitor expenditure budget compliance: Before submitting vendor invoices for management approval, Maher Accountancy verifies that there is budget available and will make timely suggestions for any necessary budget amendments.

6. Provide periodic and year-to-date accrual basis financial statements with comparison to projections.

7. Provide modified accrual basis financial statements with comparison to budget. (Government agencies are accustomed to budgeting inflows and outflows of capital and debt items not included in accrual basis operating statements.)

8. Process payroll, including managing and reporting payroll taxes.

9. Filing annual informational returns (Forms 1099/1096).

10. Assist in the presentation of financial information to Finance Committee and answer questions from time to time, as needed.

11. Assist the treasury function.

12. Provide services to meet the requirements of applicable laws and regulations relating to the provisions of accounting services for PCE.

13. File various compliance reports for state and local agencies, such as user taxes, energy surcharges, and state controller reports.
22

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14. Monthly Portal
a. Provide access to unified web portal for professional services contract management and review. (unlimited PCE users)
b. Provide granular security/access based on department. c. Maintain listing of open and recently closed contracts, documents and basic meta data as available from accounting system or Bill.com.
d. Track Actual spend against commitments and report on available balances. e. Maher will maintain the data, but ongoing accuracy will require cooperation from vendor relationship managers
i. PCE will timely provide Maher with contracts and contract amendments ii. PCE will review Maher’s input of the contract data into the portal 23

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Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Contractor based on the following fee schedule and terms:

Description of Service Frequency Fee
B. Assist with annual financial statement preparation as needed, including correspondence with independent
auditor

A. Operational Assistance Monthly $22,750
Annual $17,000
Reimbursable Expenses:

Administrative, overhead, secretarial time or overtime, word processing, photocopying, in house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses.

Bill payment fees for the cloud-based accounts payable system will be borne by the PCEA with no additional mark-up. Based on recent history, the fees related to this are not expected to exceed Ten Thousand Dollars ($10,000) annually.
24 DATE: August 5, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Phillip Kobernick, Senior Programs Manager, Transportation SUBJECT: Approval of an EV Ready Program Fund Reservation Agreements, Providing Approximately $308,000 in Customer Incentives
Item No. 4

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approval of one Fund Reservation Agreement, which will provide an expected total of $308,000 in customer incentives, to install EV charging infrastructure within a large rental apartment property in Menlo Park, as part of the EV Ready Program.

BACKGROUND
In December 2018, the Board approved PCE’s EV charging infrastructure program intended to accelerate EV adoption in San Mateo County. The program, later named the “EV Ready Program,” provides incentives and no-cost technical assistance to eligible property types, which include: 1) Affordable Housing, 2) Multi-Unit Dwellings (such as apartments and condominiums), 3) Employee charging, including fleet, and 4) All Publicly Accessible, Non-Residential Locations. The program provides incentives for several different EV charging types, as part of the program's “right-speeding” strategy to install cost-effective charging options, depending on the use case. These incentivized charging options include: 1) Level 1 or Level 2 outlets, 2) Level 2 EV charging stations, 3) Make-Ready parking spaces, to encourage future-proofing, and 4) panel updates for multi-family property sites. These incentives range from $1,000 to $5,500 per charger, depending on property type, retrofit vs new build projects, and charging type.

Customers apply for EV Ready incentives online, which is reviewed and approved by Peninsula Clean Energy staff. Once approved, a Fund Reservation Agreement, which outlines the EV Ready Program standards and requirements, is distributed via DocuSign and executed by the customer and the Peninsula Clean Energy CEO. Fund Reservation Agreements are presented to the Board of Directors prior to execution by the Peninsula Clean Energy CEO when Agreements are valued at $250,000 or more, per Policy 14.

DISCUSSION
In the last few months, Peninsula Clean Energy received one EV Ready application for which 25 In the last few months, Peninsula Clean Energy received one EV Ready application for which the Fund Reservation Agreement is expected to exceed $250,000 in incentives.

Following approval by the Board of Directors, the Fund Reservation Agreement will be executed by the Peninsula Clean Energy CEO and the customer will proceed to install their EV charging infrastructure and file for reimbursement from Peninsula Clean Energy upon completion in the future, subject to the EV Ready Programs Standards and Requirements.

The incentive application is being submitted for a large rental apartment property in Menlo Park, which is planning to install EV charging stations and outlets across three buildings (three separate parcels) within a single complex. The project also has two additional Fund Reservation Agreements that are below the threshold needed for Board approval. Between these three Agreements, the project is planning to install nearly 200 EV charging stations, utilizing approximately $564,000 in total PCE incentives. Details of the largest Fund Reservation Agreement, which is being submitted for Board approval, is included below.

Property Type
Total Expected
Reserved Funds
Total Charge Ports
Expected City
Multi-Family Housing
(Rental Apartments)
$308,000 121 Menlo Park

FISCAL IMPACT
Funding for this project is included Board-approved EV Ready Program.

STRATEGIC PLAN
Goal 3 – Community Energy Programs:

Objective A: Develop market momentum for electric transportation Key Tactic 1: Drive personal electrified transportation to majority adoption Objective B: Deliver tangible benefits throughout our diverse communities Key Tactic: Expand charging access and equity to low income communities ATTACHMENTS:

EVRP_FundReservationAgmt_V042524 for BOD.pdf
26 RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

APPROVAL OF AN EV READY PROGRAM FUND RESERVATION AGREEMENTS, PROVIDING APPROXIMATELY $308,000 IN CUSTOMER INCENTIVES RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, State of California, that
WHEREAS, Peninsula Clean Energy was formed on February 29, 2016; and WHEREAS, expanding access to charging in increases adoption of electric vehicles to reduce greenhouse gasses is part of Peninsula Clean Energy’s program roadmap approved by the Board; and
WHEREAS, in December 2018, the Peninsula Clean Energy Board of Directors approved the EV charging infrastructure program, which came to be called the “EV Ready” program; and WHEREAS, eligible applicants are approved for EV Ready program incentives, subject to the EV Ready Program Standards & Requirements; and
WHEREAS, approved applicants in the EV Ready program are required to execute a Fund Reservation Agreement to secure their financial incentives; and WHEREAS, per Peninsula Clean Energy policy, Agreements valued at or above $250,000 require approval by the Peninsula Clean Energy Board of Directors; and WHEREAS, one EV Ready incentive application, whose Fund Reservation Agreement is expected to be valued at or above $250,000 in value was received by Peninsula Clean Energy in the prior month; and
WHEREAS, the Board wishes to delegate to the Chief Executive Officer authority to finalize and execute the three Fund Reservation Agreement in the EV Ready program to provide incentives.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board delegates authority to the Chief Executive Officer to execute one customer Fund Reservation Agreement in the EV Ready program to provide incentives for an expected total of approximately $308,000 in a form approved by the General Counsel. 27 2075 Woodside Road | Redwood City, CA | 94061 | 650.260.0005 | PenCleanEnergy.com V 8.5.24
Peninsula Clean Energy
Electric Vehicle Ready Program
Fund Reservation Agreement
Applicant First Name Tyler
Applicant Last Name Galgas
Title Business Development Manager
Organization Green Water and Power
Email (Redacted)
Phone Number (Redacted)
Proposed Site Address 3639 Haven Ave Blg A, 3639 Haven Ave Bldg B, 3639 Haven Ave Bldg C City Menlo Park
Zip Code 94025
Service Agreement ID (Redacted)
Project ID PROJ-220724-13034
EV Charging Infrastructure Project Description:

Project Type Existing Multi-Unit Dwelling
Level 1 Outlets Level 2 Outlets Level 2 Charge Ports Make Ready Ports Submitted # Ports 120 48 30
Reserved Funds $ $240,000 $264,000 $60,000
Panel Upgrade $
Total Reserved Funds $564,000

Notes
Peninsula Clean Energy Authority (“PCEA”) cannot guarantee rebate funds beyond what was reserved nor can rebate funds exceed 100% of the total project costs. Final projects with less ports than projected will only receive rebates for installed ports, up to the amount reserved.

By signing below, the site owner (“Site Owner”) or, if the property is owned by a commercial or corporate entity, the representative of the ownership entity (“Owner Representative”) agrees to the “Electric Vehicle (EV) Ready Program” (“Program”) Terms & Conditions. If neither Site Owner nor Owner Representative executes the Agreement, the applicant (“Applicant”) certifies that a 28 V 8.5.24
Designated Applicant Assignment form was completed and submitted to PCEA to verify that the Site Owner or Owner Representative has designated the applicant (“Designated Applicant”) authority to represent the Site Owner in the Program and execute all legal agreements as required by the Program.

The undersigned here is the: Site Owner or Owner Representative OR Designated Applicant [DocuSign]
Peninsula Clean Energy EV Ready Program Terms and Conditions

1. ELIGIBILITY: Peninsula Clean Energy Authority offers a rebate to eligible PCEA customers or their designees (Applicant) installing EV Charging Infrastructure through the EV Ready Program. Applicants eligible to receive rebates under the Program must (1) abide by the terms and conditions listed herein; (2) have the EV charging port(s) metered through a PCEA account number; (3) comply with Program Standards and Requirements (“Program Requirements”) in Appendix A; (4) provide PCEA with Required Installation Verification Documents as specified in the Program Requirements upon completion of the project.

2. REBATE RESERVATION TERM AND AMOUNT: The amounts of the rebates for which qualifying projects are eligible are outlined in Program Requirements. Rebate funds are reserved upon execution of this Agreement up to the maximum amount identified in the Program Requirements based on the “EV Charging Infrastructure Project Description” (hereinafter, the Project, see page 1 above). The funds are reserved according to the Fund Reservation Period timelines outlined in the Program Requirements and any modifications to the timelines are at the discretion of PCEA. Rebates will be paid to eligible Rebate Recipient once installation is verified as complete by PCEA. The final amount of the rebates will be the actual eligible costs of verified EV Charging Infrastructure installed or the maximum amount reserved, whichever is less.

3. DISCRETION ON VERIFICATION: Determinations regarding verification pursuant to paragraph (1) and paragraph (2) of these Terms and Conditions, shall be determined at PCEA’s complete and exclusive discretion.

4. REBATE RECIPIENT: The Applicant may direct the rebate funds to any Rebate Recipient, who is a single vendor or service provider incurring costs for the Project up to the amount of documented costs incurred by that Rebate Recipient. The Rebate Recipient shall be identified in the Installation Verification Form submitted upon project completion to request disbursement of the rebate.

5. NO GUARANTEES: PCEA makes no guarantee, representations or warranties, expressed or implied, regarding the implementation or use of EV Charging Infrastructure and equipment purchased or installed pursuant to this PCEA Program.

Customer is solely responsible for any liability, legal or otherwise, arising from the installation, operation, and maintenance of its selected EV Charging Infrastructure.

6. EVSE PACKAGE: Upon approval of the Funds Reservation Agreement by PCEA, customer shall install, operate and maintain the number and type of the EVSE unit(s) (defined in Program Requirements), associated equipment, and signage as selected by Customer and approved by PCEA. Customer acknowledges that:

7. ADDITIONAL SERVICES FROM ELECTRIC VEHICLE SERVICE PROVIDER (EVSP): Separate and apart from the Funds Reservation Agreement and PCEA’s obligations under the Program, the EVSP may offer and contract directly with the Customer to provide any additional or complementary services, as long as these services do not interfere with the objectives of the Program. PCEA is not responsible for the costs of additional EVSP services or any cost related to operations Applicant Signature Date
Peninsula Clean Energy Representative Signature Title Date 29 V 8.5.24
and maintenance of any additional EVSP services.

8. INSTALLATION OF EV CHARGING INFRASTRUCTURE: Customer is responsible for covering all upfront costs of the installation of the EV Charging Infrastructure. Upon completion of installation of the EV Charging Infrastructure, Site Owner understands it is responsible for the operation and maintenance of the EV charging port(s) installed.

9. CONTRACTOR REQUIREMENTS: All work performed on projects under this agreement shall be done by contractors who hold a valid California C-10 license. PCEA reserves the right to amend and change contractor requirements at any point during the program.

10. EV DRIVERS RIGHT TO ACCESS: Customer may limit the availability of the EV Charging Infrastructure to its employees or tenants. Under the Program, Customer may elect to make the EV Charging Infrastructure available for use by the general public. Customer shall not restrict access to use of the EV Charging Infrastructure for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by applicable law.

11. APPLICABLE LAWS: Customer is solely responsible for ensuring that the EV Charging Infrastructure is installed and operated in compliance with all applicable local, state, and federal laws.

12. EV CHARGING PORT(S) OPERATION AND MAINTENANCE: Customer will pay all ongoing costs associated with the EV Charging Infrastructure. Customer shall maintain a consistent uptime for the EV Charging Port(s) installed. Customer shall maintain the common area immediately surrounding the EV Charging Infrastructure in good condition, ordinary wear and tear accepted, and will promptly notify PCEA of any problems it is aware of related to the EV Charging Infrastructure. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance. Customer shall promptly notify PCEA if Customer will no longer maintain the installed EV Charging Infrastructure and/or the installed EV Charging Infrastructure is being removed from Customer’s site. Uninterrupted service is not guaranteed, and Pacific Gas & Electric (PG&E) may interrupt service and access to the EV Charging Infrastructure when necessary to ensure safety or to perform maintenance as dictated by utility easement agreements and requirements.

13. PERMISSION TO USE DATA: For all EV Charging Infrastructure installed that are capable of collecting and reporting usage and utilization data, Site Owner agrees to allow PCEA and its authorized Contractors to access, collect, use, and report EV Charging Infrastructure usage and utilization data gathered as a part of the Program for use in regulatory reporting, ordinary business use, industry forums, case studies, or other similar activities, in accordance with applicable laws and regulations.

PCEA and its authorized Contractors shall have access to the EV Charging Infrastructure usage and utilization data indefinitely and in accordance with all applicable laws, including but not limited to PCEA privacy guidelines and relevant regulatory decisions.

14. DEMAND RESPONSE and LOAD SHAPING PROGRAMS: Customer agrees that PCEA may, at its discretion enroll all networked EV charging port(s) units installed under the Program in any future demand response, grid optimization, and/ or load shaping programs implemented by PCEA. Future load shaping program will, by design, not incur any additional costs or expenses to Customer. The load shaping program will aim to curtail energy usage for each charging port during a predefined period established by PCEA. These curtailments will be designed to minimally impact EV drivers that are charging during these times whenever possible. Customers will be provided an appropriate mechanism to opt-out before the program is implemented.

15. TAX LIABILITY and CREDITS: PCEA is not responsible for any taxes which may be imposed on Customer as a result of the rebates provided within the Program. Site Owners receiving incentives from either the Program and/or other regional organizations, including, but not limited to, the Bay Area Air Quality Management District, that have been facilitated through assistance from PCEA are required to designate their Low Carbon Fuel Standard (LCFS) credits to PCEA. Customer attests they are releasing their rights to report and claim credits in the LCFS and are designating credits in the LCFS to PCEA (FEIN 81-2708786) on an ongoing basis. Customer will inform third-party entities when necessary, including CARB, that the LCFS credits generated by their installed EVSE are designated to PCEA on an ongoing basis. Customer will provide the EVSE usage and electricity data to PCEA for LCFS reporting pursuant to CARB sections 95483.2(b)(8), 95491 and 95491.1.

Customer will provide PCEA with ongoing access to EV charging data through the use of a login to the online account and/or an application program interface (API), a dashboard with exportable data files, or other means to access the charging data.
30 V 8.5.24

16. DISPUTES: Except where otherwise limited by law, PCEA reserves the right, at its sole discretion, to make final determinations regarding any disputed issues about the Program, including but not limited to eligibility and rebate amounts. In the event of a dispute that cannot be remedied by the parties, any court filings and/or proceedings shall be venued in San Mateo County, California. PCEA shall in no case be responsible for the legal costs of Site Owner and/or Designated Applicant.

17. PROGRAM CHANGES: PCEA reserves the right to change, modify, or terminate the Program at any time without any liability except as expressly stated herein. PCEA will honor all written commitments made in the Funds Reservation Agreement provided to Customers prior to the date of any change, modification or termination of this program, provided that project installations are fully completed within the timeframe specified within the Program Requirements.

18. PROGRAM EXPIRATION: The Program will expire upon the earliest to occur: (i) when funds are depleted or (ii) when the program is terminated by PCEA.

19. INDEMNIFICATION: Applicant agrees to indemnify, defend, and hold PCEA, its employees, officers, and agents, harmless from any and all liabilities including, but not limited to, litigation costs and attorney's fees arising from any and all claims and losses to anyone who may be injured or damaged by reason of Customer's negligence, recklessness or willful misconduct while participating in the PCEA Program.

20. ACKNOWLEDGEMENTS: Customer shall acknowledge PCEA as a funding source of the installed EV Charging Infrastructure each time Customer’s activities related to the EV Charging Infrastructure are published in any news media, press release, brochures, or other type of public communication or promotional material. The acknowledgement of PCEA’s support as a funding source, whether in whole or in part, shall include language such as: “Funding for [Customer Site Name]’s charging station(s) provided by Peninsula Clean Energy.” If Customer is receiving funding from multiple organizations, Customer may use one statement conforming to the format listed above and include all organizations from which funding is received.

PCEA also reverses the right to install stickers, signage, or other advertisement mechanism on the EV charging port(s) funded or facilitated by PCEA.

21. CUSTOMER DISCLOSURE AUTHORIZATION: By signing the Funds Reservation Agreement, Applicant confirms they are the authorized representative for the electric account holder identified in the Funds Reservation Agreement and authorized PCEA to disclose Customer’s account status and participation in the PCEA Program. If Applicant is not the authorized representative for the electric account holder identified in the Funds Reservation Agreement, the Applicant certifies that they have submitted a Third Party Designated Applicant Assignment Form to verify that the Site Owner has delegated authority to the Applicant to represent the Site Owner and execute the Funds Reservation Agreement. 31 2075 Woodside Road | Redwood City, CA | 94061 | 650.260.0005 | PenCleanEnergy.com V 4.12.24
Peninsula Clean Energy EV Ready Program
Standards & Requirements
Overview
The Peninsula Clean Energy Electric Vehicle (EV) Ready Program is an EV charging infrastructure program to support multi-family, workplace, and public charging in San Mateo County and the City of Los Banos by providing incentives for the installation of Level 1, Level 2, and Make Ready charging infrastructure. Approximately $8 million in incentives funding is available. In addition to the incentives outlined in this document, Peninsula Clean Energy is providing free, but optional, technical assistance to help customers choose cost-effective EV charging options and design their projects.

1. Definitions
a. Affordable Housing – Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income. b. Designated Applicant – An organization or individual (contractor, developer, property manager, etc.) that has been authorized by a property owner to act on the property owner’s behalf for the purpose of applying for and managing incentives in the EV Ready Program, including directly receiving incentives upon project completion (if desired), and has submitted a fully signed Designated Applicant form. c. Employee Parking – Parking that is assigned or dedicated to employee or fleet parking only and not accessible by the general public.
d. EVSE – Electric vehicle supply equipment. Conductors, including ungrounded, grounded, and equipment grounding conductors, and the EV connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the EV (NFPA 70-2017, Article 625).
e. EV charging Port – a 120V – 240V AC outlet or J1772 connector on an EVSE which charges one vehicle at a time.
f. EV charging infrastructure – refers to all electrical infrastructure, including, electrical panels, circuits, wire, conduit, raceway, and other materials required to bring power from a panel to an EV charging port, and the EV charging port, or electric vehicle supply equipment. g. Electric Vehicle Service Provider (EVSP) – An EVSP provides the connectivity across a network of charging stations. Connecting to a central server, they manage the software, database, and communication interfaces that enable operation of the station.
h. Level 1 (L1) Outlet – Level 1 outlets offer charging through a 120V AC circuit, providing about 50 – 60 miles of range over a 12-hour overnight charge. EV drivers bring their own charging cord. i. Level 2 (L2) Outlet – Level 2 outlets offer charging through a 208 – 240V AC circuit, providing about 12 – 24 miles of range per hour. EV drivers bring their own charging cord. j. L2 Charging Stations, L2 EVSE, or L2 Charge Ports – charging stations that offer charging on a 208V – 240V AC circuit, providing about 12-24 miles of range per hour. EV drivers plug the charger’s cord into their vehicle.
k. Make Ready Ports – Projects that build, construct, and install the electrical infrastructure, including transformers, panels or panel capacity, and conduit required for an EV charging port, but do not install the EVSE. Make Ready Port incentives are meant to encourage customers to future-proof their site for additional EV charging ports to be installed later.
l. Multi-Unit Dwelling (MUD) – Multi-family residential buildings with four or more residential units. m. Publicly Accessible – Charging that any EV driver can reasonably access during normal hours without special permissions or other restrictions.
32 V 4.12.24 2

2. Program Segments & Funding
a. Eligibility
Summary of Eligible Property and Project Types
Measure Type Multi-Unit Dwellings Non-Residential
L1 or L2 Outlet Eligible Eligible
L2 Charging Stations Eligible Eligible
Main Panel Upgrade Eligible Not Eligible
Make Ready Project Eligible Eligible
Eligible Residential Locations
• All multi-family housing (apartments, condos, etc.) with 4 or more housing units. Assigned parking spaces are eligible, as long as they are not located inside private, dedicated garages with access to only a single residential unit (see “Parking Type” below for more details and exceptions). • Manufactured housing is eligible if master metered. If the housing is not master metered (each home has its own electrical meter), it must meet the “Parking Type” eligibility below. Private garages or driveways that are immediately adjacent to a home with its own meter are not eligible.

Eligible Non-Residential Locations
• Employee Parking, including fleet, does not need to be publicly accessible. • All Publicly Accessible Non-Residential Locations
o Retail, restaurants, schools, hotels, malls, parking garages, curbside charging, etc., must be open to the general public.
o Government locations such as parks, libraries, government offices, city/county-owned garages, etc., must be open to the general public.
o Location does not need to be accessible to the public 24/7 or all days, but needs to be reasonably available to any EV driver. Chargers cannot be behind a secured gate, require special permissions, or available only to specific people (e.g. employees, customers, or guests, etc. only).

To be eligible for program funding, all projects must comply with the following requirements:

1. Property is located within San Mateo County or the City of Los Banos.

2. EV charging infrastructure will be connected to a meter associated with an active Peninsula Clean Energy customer account.
a. EXCEPTION: If the site is a MUD, then the stations may be installed on a non-Peninsula Clean Energy meter, provided the main or primary building meter is associated with a Peninsula Clean Energy account.

3. All work performed on projects under this agreement must be performed by contractor companies that hold a valid California C-10 license. PCEA reserves the right to amend and change contractor requirements at any point during the program.

4. Installations must comply with all federal, state, and municipal laws, ordinances, rules, codes, standards, and regulations.

5. Funds are not retroactively available to projects where the equipment was already purchased, or installation costs have been incurred, prior to approval by Peninsula Clean Energy.

6. Installations must be voluntary and surplus—charging stations that are required to be installed by a regulation, local ordinance, building code, or other legal obligations (e.g., legal settlement, condition 33 V 4.12.24 3
of lease agreement or use permit, EV-readiness ordinance) are NOT eligible, except for installations at Affordable Housing and public agencies.

7. Installations must be adding additional EV charging infrastructure. Replacement of existing charging equipment, whether operable or inoperable, is not eligible.

8. Parking Type: Installations cannot be located inside private garages with access to only a single residential unit. All other parking types are eligible. a. Assigned parking spaces are eligible.
b. Private garages that are only accessible by a single residential unit are not eligible, unless electricity to this area is provided by a common/shared electrical meter and not the electrical meter associated with the residential unit that is utilizing that private garage. b. Affordable Housing Funds Reservation
The program will reserve $1 million towards Affordable Housing charging installation projects, including at both existing Affordable Housing and new construction projects. Funding will be protected for up to 2 program years after which the allocation of funds will be re-assessed and any unreserved funds may be reallocated to the program funding pool and be eligible to fund other projects. c. Multi-Unit Dwellings Funds Reservation
The program will reserve $3.5 million towards charging installation projects at MUD properties, inclusive of the $1 million reserved for Affordable Housing projects. Funding will be protected for up to 2 program years after which the allocation of funds will be re-assessed and any unreserved funds may be reallocated to the program funding pool and be eligible to fund other projects. d. Public Agency Funds Reservation
The program will reserve $1.5 million toward charging installation projects at public agency properties.

Funding will be protected for up to the beginning of Q4 2023 after which the allocation of funds will be re-assessed and any unreserved funds may be reallocated to the program funding pool and be eligible to fund other projects.
e. Combining Incentives
Installations may be eligible for additional funding programs such as CALeVIP, BAAQMD Charge! Program, etc. When customers combine incentives from multiple sources, Peninsula Clean Energy Incentives may be reduced so total incentives do not exceed the applicable caps indicated in the incentive table below. 34 V 4.12.24 4

3. EV Charging Equipment Requirements
a. Level 1 or Level 2 Outlet (110/120V or 208 – 240V, 15A – 50A circuit) i. Hardware Requirements

1. Power Supply: 1.4 kW minimum

2. NEMA 110/120V or 208 – 240V receptable, heavy duty, commercial, or industry grade

3. Ground Fault Circuit Interrupter (GFCI) receptacle

4. Must meet indoor or outdoor NEC requirements per installation location ii. Operational Requirement

1. Mandatory 3-year operation period
b. Level 2 Charging Station (208 – 240V, 20A – 80A circuit) i. Hardware Requirements

1. SAE J1772 or North American Charging Standard (NACS)/SAE J3400 connector

2. NEMA 3R rated (outdoor rated hardware) minimum

3. Hardware must be new. No refurnished or repurposed equipment can be installed (e.g., equipment previously used as display or returned)
ii. Software Requirement

1. If software is utilized, it must use an open standard protocol, such as Open Charge Point Protocol (OCPP)
iii. Operational Requirement

1. Mandatory 3-year operation period
c. Make Ready Spaces
The EV Ready Program provides funding to create Make Ready Spaces by installing future-proof infrastructure to support additional EV charging ports in the future. Eligible expenses for Make Ready Spaces include hardware such transformers, panels or panel capacity, and conduit, the labor costs associated with these projects, and permit costs, subject to site eligibility, incentive levels, and site caps, outlined further in the section below.
35 V 4.12.24 5

4. Incentive Amounts
Property
Category Property Type Measure Type Port Incentive Applicable Cap1 Existing
Building
Multi-Unit
Dwelling
L1 or L2 outlet $2,000 No cap
L2 charging station
port $5,500
Up to 75% of project
cost, maximum $90,000
per property
Main panel upgrade2 $5,000 Up to $5,000 per
property
Affordable Housing
Multi-Unit
Dwelling
L1 or L2 outlet $2,500 No cap
L2 charging station
port $5,500
Up to 100% of project
cost, maximum $90,000
per property
Main panel upgrade2 $5,000 Up to $5,000 per
property
Employee Parking
L1 or L2 outlet $2,000 No cap
L2 charging station
port $5,000
Up to 75% of project
cost, maximum $90,000
per property
All Publicly
Accessible Non-Residential
Locations3
L1 or L2 outlet $2,000 No cap
L2 charging station
port $5,000 Up to 75% of project cost, no maximum
Any Make ready space4 $2,000 Up to $20,000 per
property
New
Construction6
Market Rate
Multi-Unit
Dwelling
(Above Code5)
L1 or L2 outlet $1,000 No cap
L2 charging station
port $2,000 Up to $40,000 per property
Affordable Housing
Multi-Unit
Dwelling
L1 or L2 outlet $1,500 No cap
L2 charging station
port $2,500 Up to $100,000 per property
Public Agency
L1 or L2 outlet $1,000 No cap
L2 charging station
port $2,000 Up to $250,000 per property
1Maximum incentive award is up to 100% of project cost – maximum port incentive or applicable cost, whichever is less, unless otherwise stated
2Must install 4 or more ports to be eligible for the main panel upgrade incentive. 3 Publicly-Accessible Non-residential locations are defined in Section 2 Program Segments & Funding. 4 Can not be layered with L2 incentives from other programs to fund the same port. 5 Market rate above code incentive covers voluntary and surplus charging stations from those required to be installed by a regulation, local ordinance, building code, or other legal obligations.
6 If a new construction project is a multi-use site and is eligible for multiple incentive categories, the site owner must select which property type category and corresponding incentive structure to apply for. 36 V 4.12.24 6

5. Eligible Project Costs
All incentives are capped at a percentage of project costs. Project costs can only include the monetary cost required to install the EV charging infrastructure included within the project scope. Peninsula Clean Energy requires itemized invoices fully documenting the project costs prior to issuing the incentive payment. The following costs are considered eligible project costs when determining the incentive cap:
• Utility service upgrades, net of any utility service allowance • Design & engineering services
• EV charging infrastructure hardware (EV charging stations and outlets) • Networking or subscription costs, as applicable
• Service, warranty, and O&M agreements associated with EV charging infrastructure, as applicable • Costs associated with extended Wi-Fi or cell connectivity for EV charging infrastructure, as applicable • Installation costs
§ Materials (conduit, panels, wire, etc.)
§ Labor
§ Civil (trenching, backfill, curb cutting, etc.)
• Project signage
• Required ADA upgrades due to charging project
• Load management, power sharing equipment, charge controller, energy management systems, etc. associated with the EV charging infrastructure, as applicable • Permit fees
• Adder Hardware
o Networked L1 charging management systems; for example, networked energy monitors, energy controllers, or outlets added to the project to create a networked L1 charging station 37 V 4.12.24 7

6. Funds Reservation Period
The Funds Reservation Period begins when Peninsula Clean Energy approves an incentives application. All project applications approved for an incentive rebate must submit a preliminary site plan within 60 days from the beginning of the Funds Reservation Period that outlines the total number and type of EV charging infrastructure to be installed and approximate location within the property. For project applications through a Designated Applicant, the applicant must show evidence that the preliminary site plan has been approved by the property owner or site host. Applicants that do not provide a preliminary site plan within 60 days of the Funds Reservation period will be cancelled at Peninsula Clean Energy’s discretion. Projects receiving technical assistance from Peninsula Clean Energy do not need to provide a preliminary site plan.

All project applications approved for an incentive rebate must also be completed and submit an Installation Verification Form to Peninsula Clean Energy within the timeline outlined below. Peninsula Clean Energy reserves the right to extend the Funds Reservation Period or progress milestones at its discretion.

Property
Category Property Type Unit Type Funds Reservation Period Existing
Multi-Unit Dwelling
L1 outlet
270 days L2 charging station
port
Affordable Housing
Multi-Unit Dwelling
L1 outlet
365 days (12 months) L2 charging station
port
Employee Parking & All
Publicly Accessible Non-Residential Locations
L1 outlet
270 days L2 charging station
port
Any Make Ready circuit
New
Market Rate Multi-Unit
Dwelling (Above Code)
L1 outlet
Reservation period: 2 years
Required progress milestones to maintain the
reservation:
• Design drawing showing scope of EV charging
by 6 months, and
• Copy of approved building permit by 12 months
L2 charging station
port
Affordable Housing
Multi-Unit Dwelling
L1 outlet Reservation Period: 3 years
Required progress milestones to maintain reservation:
• Submit confirmation of “Notice to Proceed”
documentation L2 charging station
port
Public Agency
L1 Outlet
365 days (12 months)
L2 EVSE Port
38 V 4.12.24 8

7. Required Installation Verification Documents
To receive rebate reimbursement, applicants must complete the Installation Verification Form, which will be sent via email after the funds have been reserved. Incomplete applications may delay payment.

1. Purchase invoice for equipment. Invoice must be marked as paid.

2. Purchase invoice for all installation costs. Invoice must be marked as paid. i. If the project required a panel upgrade, the invoice must explicitly list this cost in a separate line item and only include those hardware or installation costs associated with the panel, if possible.

Otherwise, before and after photos of the panel upgrade are required.

3. Design invoice for engineering and design costs.

4. Copy of permits from local agency and (if applicable) utility permits/service orders

5. Pictures of the following:
i. At least 2 photos of installed and operational EV Charging ports, which also clearly displays PCEA labeling (to be provided by PCEA to the site)
ii. Photos of equipment serial numbers
iii. If the project required a panel upgrade, please provide a picture of the new panel displaying all the circuits and a picture of the pre-existing panel.

6. Invoice for networking or subscription fees, if applicable. Invoice must be marked as paid.

7. Invoice for operation and maintenance contract, if applicable. Invoice must be parked as paid.

8. Authority Having Jurisdiction on electrical inspections Inspection Card, including inspector sign-off.

PCE reserves the right to request additional documentation as needed for demonstration of compliance with program requirements and audit Customer documents and attestations at its sole discretion. 39 DATE: August 8, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Rafael Reyes, Senior Director of Energy Programs
SUBJECT: Approval of Member Agency Energy Grant Agreements Item No. 5

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approval of Agreements with 9 member agencies for an amount totaling $4,364,680 for clean energy and electrification projects under the Member Agency Energy Grants program, funded through the 2023 surplus funds allocation.

BACKGROUND
Peninsula Clean Energy’s mission is to expand access to sustainable and affordable energy solutions. As part of that mission, in December 2023, the Board approved a package of customer rebates and community reinvestments totaling $68 million. The community reinvestments, funded by FY 2023 surplus funds, included the creation of the Member Agency Energy Grants.

The Member Agency Energy Grants are a one-time allocation of $11.5 million for self-directed member agency projects consistent with Peninsula Clean Energy’s mission. The funds available for each member agency were determined by formula, taking the maximum of either percentage of customers or percentage of load within that jurisdiction. The program opened in February 2024.

DISCUSSION
Nine member agencies have submitted proposals at this time for a range of projects. The agencies, their allocation, and intended projects are listed below.

City Allocation Project
Burlingame $540,317 Leaf blower incentive, parks equip electrification Foster City $551,232 Community Center energy features/upgrades Half Moon Bay $155,068 Solar system, EV charging, electrification of City facilities Los Banos $422,711 City HVAC replacement to heat pump systems 40 Millbrae $302,056 Streetlights, EV charging, landscape equipment incentives
Pacifica $475,666 EV charging
San Bruno $506,409 Streetlights replacement
San Carlos $457,832 Solar system
South San Francisco $1,263,372 Streetlights replacement Burlingame has elected to submit for a portion of their total allocation and will submit additional projects at a later date. All other agencies have submitted for their entire allocation. Agencies have twenty-four (24) months to complete their projects and funding is released in two tranches, fifty-percent (50%) up front and the balance of funds at the conclusion with documentation of expenses. Some projects will layer with other PCE programs such as EV charging incentives. Legal counsel advised that these grants constitute a contract with the member agency and require Board approval due to exceeding the new approval threshold of $250,000 each.

The agreements are in various stages of review and approval within each agency.

FISCAL IMPACT
Funding for this program is included in the Board-approved Community Energy Programs budget.

ATTACHMENTS:

PCE-Burlingame Energy Grant Contract_executed.pdf
PCE-Foster City Energy Grant Contract - 2024.07.pdf
PCE-HMB Energy Grant Contract - final.pdf
PCE-Los Banos Energy Grant Contract - 2024.04.pdf
PCE-Millbrae Energy Grant Contract - w proposals.pdf
PCE-Pacifica Energy Grant Contract - 2024.07.pdf
PCE-San Bruno Energy Grant Contract.pdf
PCE-SSF Energy Grant Contract.pdf
San Carlos-PCE Energy Grant Contract.pdf
41 RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

APPROVAL OF MEMBER AGENCY ENERGY GRANT AGREEMENTS

RESOLUTION DELEGATING AUTHORITY TO THE CHIEF EXECUTIVE OFFICER TO EXECUTE AGREEMENTS WITH 9 MEMBER AGENCIES FOR AN AMOUNT TOTALING $4,364,680 FOR CLEAN ENERGY PROJECTS UNDER THE MEMBER AGENCY ENERGY GRANTS FROM 2023 SURPLUS FUNDS
______________________________________________________________ RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, State of California, that
WHEREAS, Peninsula Clean Energy was formed on February 29, 2016; and WHEREAS, in December 2023, the Peninsula Clean Energy Board of Directors approved the Member Agency Energy Grants as part of a set of rebates and community investments from surplus funds; and
WHEREAS, ten (10) member agencies have submitted approved projects consistent with program guidelines; and
WHEREAS, the Board wishes to delegate to the Chief Executive Officer authority to finalize and execute the Agreements for approved Member Agency Energy Grants.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board delegates authority to the Chief Executive Officer to execute nine (9) Agreements in Approval of agreements with member agencies for an amount totaling $4,364,680 for clean energy projects under the Member Agency Energy Grants in a form approved by the General Counsel.
* * * * * *
42 AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

CITY OF BURLINGAME FOR MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this 1 day of July, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter PCEA, City of Burlingame, h Grantee
* * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A Project Description
Exhibit B Grant Distribution

2. Grant Process
In consideration of the payments set forth in this Agreement and in Exhibit B, Grantee shall implement the Project in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of exceed
Two Hundred And Twenty Thousand Dollars ($220,000). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2024, through June 30, 2026.

5. Relationship of Parties
43 Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee s under this
Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
44 The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by

9. Compliance With Laws
The Project to be performed by Grantee pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. The Project shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
45 This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

12. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

13. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Name/Title: Lisa K. Goldman, City Manager
Address: 501 Primrose Road, Burlingame, CA 94010
Telephone: 650-558-7204
Email: [email protected]
46 14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

15. Grantee acknowledges and agrees that PCEA is a Joint Powers Authority, which is a public agency separate and distinct from its member agencies. All debts, liabilities, or obligations undertaken by PCEA in connection with this Agreement are undertaken solely by PCEA and are not debts, liabilities, or obligations of its member agencies. Grantee * * *
representatives, affix their respective signatures:

PENINSULA CLEAN ENERGY
AUTHORITY __________________________________ Chief Operating Officer, Peninsula Clean Energy Authority
Date:__________________________
City of Burlingame
__________________________________C
Title: ______________________________
Date: ________________________
47 Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following projects:

Project #1: Electric Leaf Blower Rebate Project
See attached proposal as submitted by
Submittal Date: May 28, 2024
Point of contact name: Sigalle Michael
Point of contact role/title: Sustainability Program Manager Point of contact email: [email protected]
Project #2: Municipal Landscaping Equipment Electrification See attached proposal as submitted by
Submittal Date: June 3, 2024
Point of contact name: Sigalle Michael
Point of contact role/title: Sustainability Program Manager Point of contact email: [email protected]

48 Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Eligible Project Expenses
Expenses funded under this ag
the goals of its Strategic Plan to decarbonize the service territory. Expense must be tangible infrastructure associated with electric power.

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $110,000. Upon execution of this contract

2. Second payment: $110,000. Upon receipt of project invoices for Eligible Project Expenses of $220,000 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
49 Electric Leaf Blower Rebate Project Proposal
City of Burlingame
Peninsula Clean Energy Member Agency Energy Grants
Overview & Description
The City of Burlingame is creating a new Electric Leaf Blower Rebate Program to offer Burlingame residents and commercial landscapers a rebate for the purchase of a new electric leaf blower and/or associated battery and charging equipment. The City recently updated its Leaf Blower Ordinance to prohibit the use of gas leaf blowers starting July 1, 2024. An electric leaf blower rebate program will support the City’s leaf blower ban and encourage residents and commercial landscapers to make the switch to electric leaf blowers. The purpose of the ban and rebate program is to reduce emissions from landscape equipment.

Outcomes & Benefit
The intention of the program is to encourage residents and landscapers to invest in electric leaf blowers by reducing the cost of the purchase with a rebate. Compared to gas leaf blowers, electric leaf blowers are significantly quieter to use, have zero exhaust emissions, and do not generate greenhouse gas emissions. The program will support the City’s gas leaf blower ban by making it easier for residents and commercial landscapers to switch to electric equipment.

Budget
The City is requesting a grant of $40,000 to fund the program for two years. We estimate the following spending for the program but reserve the option to reallocate the funding as needed based on demand and feedback.
50 Electric Leaf Blower Rebate Program Budget:

ITEM COST
Outreach:
- Flyers mailed to residents
- Flyers to hand out to commercial landscapers
- Misc. other printed materials (such as, yard signs)
$5,000
Rebate for Residents:
- $100 rebate (or up to the cost of an electric leaf blower equipment if less than $100)
- Fund about 150 rebates
$15,000
Rebates for Commercial Landscapers:
- $500 rebate (or up to the cost of an electric leaf blower equipment if less than $500)
- Fund about 40 rebates
$20,000

TOTAL PROGRAM COST
$40,000
Timeline
We would like to launch the electric leaf blower rebate program by or around July 1, 2024 – the start date of the City’s gas leaf blower prohibition.

Timeline Task
May – July 2024 • Mail flyer announcing gas leaf blower bas as insert in City’s water bill statement.
•
May 2024 • Apply for PCE Member Agency grant and confirm funding. • Prepare rebate form and update website.

June 2024 – July 2024
• Launch rebate program.
• Outreach across social media and community networks including the Citizens Environmental Council, and Chamber of Commerce. • City to receive up-front funding of $20,000.

July 2024- July 2026
• Review rebate applications and distribute rebate funding. • Monitor and track rebate use.
• Report ongoing progress.

July 2026 • City to receive second post completion funding of $20,000 or the amount distributed in rebates if less than $20,000
51 Contact
The primary contact for this program is Sigalle Michael, Sustainability Program Manager at 650-558-7274; [email protected]
Exhibits
- Program flyer in English and Spanish
- Program application form.
52 53
54 55
56 Municipal Landscaping Equipment Electrification
City of Burlingame
Peninsula Clean Energy Member Agency Energy Grants
Overview & Description
Since 2018, the Burlingame Parks Division has embraced the shift from fossil-fueled equipment to battery and electric-powered alternatives. This process has been limited by financial constraints.

When budget has been allocated, Parks staff has sought to institute non-fossil-fueled alternatives.

Thus far, the Burlingame Parks Division has converted approximately 25% of its small equipment to battery or electric alternatives. We are seeking $164,030 to convert an additional 45% of existing fossil-fueled equipment to non-combustion alternatives. These items have been identified for replacement because of technological advances in the industry that have provided viable non-combustion alternatives. These are also pieces of equipment that staff use in great frequency.

Outcomes & Benefit
Receiving the requested funding and replacing the identified equipment will significantly reduce the amount of emissions expelled into the climate through use of combustion-powered equipment.

Smaller engines do not have the ability to reduce emitted pollutants through post-combustion exhaust mechanisms. Additionally, some pieces of equipment are powered by two-cycle engines that emanate atmospheric pollutants in much greater rates than other similar four-cycle engines.

Long-term, this change will reduce the level of pollutants that equipment users and community members encounter.

Budget
We have identified 45 pieces of combustion-powered equipment that are suitable for replacement with battery or electric-powered equipment. These include:
57 Product Quant. Cost Replacing what equipment?
Multi-tool head Cordless Kombi Motor 3 $1,200 Replace (2-cycle)gas-powered power unit Walk-behind blower 3 $6,600 Replace three gas-powered walk-behind blowers Small chainsaws (battery and charger) 10 $12,000 Replace ten (2-cycle) gas-powered chainsaws Pole chainsaw (tool only) 4 $2,600 Replace four (2-cycle) gas-powered pole chainsaws GrandStand Revolution 52" stand-on
mower 1 $33,000 Replace existing gas-powered mower
Hedge trimmer, 145 degree 6 $3,300 Replace existing (2-cycle) gas-powered hedges hear FSA 135 R cordless trimmer 8 $3,720 Replace existing (2-cycle) gas-powered weed whip FCA 140 cordless lawn edger 3 $1,500 Replace existing gas-powered edger AL 301 4 multi charger 1 $350 Support new battery powered equipment Stihl interchangeable batteries (500C) 3 $1,395 Support new battery powered equipment 35" 69 Gal Auto Ride-On Industrial Floor
Scrubber 1 $11,986 Reduce need for utilizing gas pressure washers Zeronox Tuatara EV utility terrain vehicle
1 $46,767 Replace existing gas-powered Yamaha UTV
Z Master Revolution 60" 1 $39,612 Replace existing gas-powered mower TOTAL $164,030
Timeline
The Parks Division believes these purchases can be completed within one year of grant award, pending supply availability. Staff has recently verified current availability with respective suppliers.

Contact
The primary contact for this program is Sigalle Michael, Sustainability Program Manager, at 650-558-7274; [email protected]
Richard Holtz, Parks Superintendent/City Arborist, will manage the implementation of this grant project. His contact information is 650-759-3126, [email protected] 58 AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

CITY OF FOSTER CITY FOR MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this 1 day of August, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and City of Foster City, hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed five hundred and fifty-one thousand, two hundred and thirty-two dollars ($551,232). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from Aug. 1, 2024, through July 31, 2026.

5. Relationship of Parties
59 Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
60 The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
61 This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Name/Title:

Address:

Telephone:

Email:
62 14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

15. No Recourse Against PCEA’s Member Agencies
Grantee acknowledges and agrees that PCEA is a Joint Powers Authority, which is a public agency separate and distinct from its member agencies. All debts, liabilities, or obligations undertaken by PCEA in connection with this Agreement are undertaken solely by PCEA and are not debts, liabilities, or obligations of its member agencies. Grantee waives any recourse against PCEA’s member agencies.
* * *
In agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

PENINSULA CLEAN ENERGY

AUTHORITY
__________________________________
Chief Operating Officer, Peninsula Clean
Energy Authority
Date:__________________________
City of Foster City
__________________________________

Title: ______________________________
Date: ________________________
63 Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached proposal as submitted by
Submittal Date: June 4, 2024 (updated July 31, 2024)
Point of contact name: Estelle Gobrera
Point of contact role/title: Management Analyst
Point of contact email: [email protected]
64 Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Eligible Project Expenses
Expenses funded under this agreement must be in alignment with PCEA’s mission and the goals of its Strategic Plan to decarbonize the service territory. Expense must be tangible infrastructure associated with electric power.

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $275,616. Upon execution of this contract

2. Second payment: $275,616. Upon receipt of project invoices for Eligible Project Expenses of $551,232 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
o [account name]
o [financial institution]
o [routing number]
o [account number]
o [account type]
65 City of Foster City Recreation Center Master Plan Project (CIP 301-678) Member Agency Energy Grant Program Application

1. Overview and Description
The Foster City Recreation Center is nearly 50 years old and requires reconstruction to address structural, seismic, City’s resiliency goals, and community programmatic needs, as well as enhance emergency response readiness. To address these needs, the Foster City Capital Improvement Project (CIP 301-678) aims to replace the existing Recreation Center. The project will use a build to-budget approach, intending to construct the new facility on the site of the current building.

In November 2022, the City Council awarded the professional design, bidding, and construction support services to Group 4 Architecture, Research + Planning, Inc. (Group 4). Subsequently, in March 2023, the City Council awarded the construction management and support services to Griffin Structures. Construction is scheduled to begin in September 2024. In alignment with the City’s Climate Action Plan, the project is on track to minimally achieve LEED Silver certification but ultimately is positioned to achieve LEED Platinum and/ meet net-zeroCarbon standards, which grant funds would help achieve.

The project team’s disciplined approach to sustainable design has the building designed to achieve a LEED Silver certification with the possibility of achieving LEED Gold of Platinum with the addition of photovoltaics. The following list summarizes strategies for each of the LEED categories.

Schematic Design LEED Checklist
66 2. Outcomes and Benefits
The primary objective of the Recreation Center Rebuild Project (Project) is to establish a state-of-the-art facility designed to meet the community’s current and future recreational needs. The construction and maintenance of the new Recreation Center will strictly adhere to the provisions outlined in the California Health and Safety Code sections 16000 through 16022, as well as the California Building Standards, guaranteeing a structurally sound building upon completion.

The Project was informed by extensive community input at multiple stages of the design process to inform the building program and design. This inputincluded 2 rounds of community engagement with nearly 2,000 responses from online surveys, open houses, intercept kiosks at community events, task force meetings, and public meetings. The community’s feedback was integrated into the design of the project to ensure alignment with community needs, values, and preferences.

In addition, the Project offers a unique opportunity to advance the City Council’s Innovation and Sustainability and Climate Action Plan goals. The City is on track to minimally achieve LEED Silver certification for the new all-electric Recreation Center building. With the goal of ultimately reaching zero net carbon, the Project has been designed to be photovoltaic ready with battery back-up as a bid alternate and to have the potential to expand electric vehicle charging beyond those installed on day one. The addition of a photovoltaic system, which is currently a bid alternate on the construction bid documents, would allow the project to meet requirements for LEED Gold, potentially Platinum and meet net-zero carbon performance. This goal will be accomplished with the support of the requested grant funding from Peninsula Clean Energy. The architect’s construction estimate for the photovoltaic array is approximately $1.5 million to $1.7 million.

The Recreation Center design also includes Energy Related Systems for lighting controls. In the event the bid alternate for a photovoltaic system is not incorporated, grant funds would be utilized for the energy-saving lighting controls. The estimate for this system is $646,350 (without markups).

3. Budget
The City Council has approved funding in the amount of $55,374,250 to the Project (CIP 301-678).

The remainder of the funding needed for the current Project budget estimate of $64,958,000 is planned to be appropriated in the FY 2024-2025 budget to be adopted by the City Council on June 17, 2024. The final Project budget will be determined by the bidding and the award of a construction contract. Grant funding from Peninsula Clean Energy will be used to offset the cost for the photovoltaic system bid alternate which will provide alternative energy for the building and help the City lead by example to achieve its sustainability goals with a higher LEED certification and potential for a LEED Zero Carbon building.
- PVs w/o energy backup (Bid Alternate): $1,737,242 (includes markups) 67 - PVs with energy backup (Bid Alternate): $1,737,242 + $884,203= $2,621,445 (includes markups)
In the event the bid alternate for a photovoltaic system is not incorporated, grant funds would be utilized for the Recreation Center energy-saving lighting control system.

Energy Related System:
- Lighting Controls only, sensors, wiring= $646,350 w/o markups

4. Timeline
June – July 2024: Bid and Award to Contractor for Demolition and Construction of new Recreation Center
August 19,2024: Recreation Center closes
Fall 2024 – Summer 2026: Construction
Summer 2026: Projected Grand Opening of new Recreation Center. With spaces for small, medium, and large-scale classes, meetings and events, the new facility will provide a vibrant hub of activity for our community. 68 AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

CITY OF HALF MOON BAY FOR MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this 1 day of August, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and City of Half Moon Bay, hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed one hundred and fifty-five thousand and sixty-eight dollars ($155,068). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from Aug. 1, 2024, through July 31, 2026.

5. Relationship of Parties
69 Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
70 The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
71 This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Name/Title: Maziar Bozorginia, Director of Public Works Address: 501 Main St, Half Moon Bay, CA 94019
Telephone: 650-726-8910
Email: [email protected]
72 14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

PENINSULA CLEAN ENERGY

AUTHORITY
__________________________________
Chief Operating Officer, Peninsula Clean
Energy Authority
Date:__________________________
City of Half Moon Bay
__________________________________

Title: ______________________________
Date: ________________________
73 Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached proposal as submitted by
Submittal Date: July 15, 2024
Point of contact name: Helen Wolter
Point of contact role/title: Sr. Sustainability Management Analyst Point of contact email: [email protected]
74 Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $77,534. Upon execution of this contract

2. Second payment: $77,534. Upon receipt of project invoices for Eligible Project Expenses of $155,068 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
75 PCE Member Agency Application Questions
City of Half Moon Bay
July 15, 2024
Overview and description:

The City of Half Moon Bay’s Municipal Energy Improvement Project is a citywide comprehensive electrification/clean energy project that works to decarbonize all City of Half Moon Bay (City) facilities, therefore decreasing greenhouse gas emissions, while concurrently saving money in utility costs for taxpayers.

The City of Half Moon Bay aims to electrify all municipal facilities to update the City’s energy related operations to be as efficient as possible while reducing greenhouse gas emissions stemming from City operations. Both goals were formally adopted in the City’s Climate Action and Adaptation Plan (CAAP) Phase 1 in December 2023. Specifically, the project’s goals meet the City’s stated CAPPs goals:
• ME-1: Employ carbon-free electricity for all municipal operations and increase supply of local, renewable energy supply at municipal facilities. • ME-2: Electrify all municipal facilities by 2025.
• ME-3: Increase the energy efficiency of all municipal facilities and operations.

The scope of the Municipal Energy Improvement Project includes two solar photovoltaic (PV) installations, Public/City EV charging, and electrification of various facilities throughout the City. This comprehensive approach plan enables the City to leverage energy savings for related projects by combining various components into a single project. As a result, the City can leverage the greatest number of incentives and accomplish related goals at once, thereby creating a more efficient effort than if the City were to undertake the projects individually.

The following City facilities have been evaluated for solar photovoltaic potential plus clean energy upgrades. All are expected to be included in the final scoping of the project:

Facility #1: City Hall - 501 Main Street, Half Moon Bay, CA 94019 Equipment/Scope:
• Solar PV: 40 kW-DC [rooftop and/or carport]
• Public EV charger to be co-located underneath solar canopy • Repair and replace roofing insulation and membrane
• Replace 2 gas rooftop HVAC units with heat pump units Facility #2: Sheriff Substation/Emergency Ops Center - 537 Kelly Avenue, Half Moon Bay, CA 94019
Equipment/Scope:
• Solar PV: 60 kW-DC [carport]
76 • Replace damaged electric heat pump with high efficiency heat pump unit Facility #3: Ted Adcock Community Center - 535 Kelly Avenue, Half Moon Bay, CA 94019 Equipment/Scope:
• Replace gas heating system with rooftop heat pump unit • Replace gas split system with heat pump split system unit • Replace 100 gallon water heater DHW w/ 120 gallon HPHW • Replace gas range/oven with commercial electric unit
Facility #4: Train Depot - 110 Higgins Canyon Road, Half Moon Bay, CA 94019 Equipment/Scope:
• Replace propane heater with split heat pump unit
• Replace 40-gallon tank type propane DHW with 40 tank type HPHW Facility #5: HMB Corporation Yard - 880 Stone Pine Road, Half Moon Bay, CA 94019 Equipment/Scope:
• Replace gas split system with heat pump split system
In May 2024, the City Council authorized a contract with Willdan Energy Services for an audit of City facilities and cost estimates for energy improvements. The City considers completion of this contract Phase 1. The City seeks a comprehensive approach in which Phase 2 implementation would closely follow Phase 1. A single, large project is allowed by Government Code 4217 and according to staff projections, would save the City $1,500,000+ over 30 years. Such projections found that one large project created a more efficient effort than if the City were to undertake the projects individually. Additionally, the savings generated by the project then help to pay for the entire project and increase overall efficiency toward all stated goals.

The five buildings slated for upgrades are the backbone of what the City of Half Moon Bay offers its residents and are vital for city services, emergency operations, and community vitality. All facilities in this project are part of the fabric of the community and ensure the safety and well-being of residents.

These buildings provide residents the opportunity to meet with staff on their projects, ask questions about what is happening in their community, build friendships with their neighbours, play pickleball on their lunch breaks, ensure that the roads are safe and that the sewer lines operate - all while creating the policies we all live by.

Additionally, the City is the hub for many services available to the entire San Mateo Coast, particularly residents from lower income communities. The City hosts a medical clinic, food distribution, emergency services, foreign consulate support, English language support, and farmworker services. The City contracts with nine local safety net nonprofits who specialize in serving low-income and hard-to-reach populations often experiencing isolation such as aging and older adults and farmworkers. By updating Half Moon Bay’s infrastructure, our 77 lower-income community members will benefit from cleaner air and reliable buildings and infrastructure on a daily basis and during times of emergency.

Outcomes and benefits:

The five buildings being updated are the backbone of what the City of Half Moon Bay offers its residents and are vital for city services, emergency operations, and community vitality.

These buildings provide residents the opportunity to meet with staff on their projects, ask questions about what is happening in their community, build friendship with their neighbors, play pickleball on their lunch breaks, celebrate life events, ensure that the roads are safe and sewer lines operate - all while creating the policies we all live by.

Additionally, the project is anticipated to eliminate all fossil fuel use at the Half Moon Bay City Hall, Ted Adcock Community Center, Corp Yard, EOC/Sheriff Substation, and Train Depot facilities by converting natural gas and propane fueled equipment to electric alternatives thereby better serving residents while extending its operational capacity throughout the City with modern and efficient systems that are healthier for all.

The project will also generate clean renewable energy onsite with solar photovoltaics at City Hall and the EOC, add public electric vehicle charging capacity to the City Hall, and complete needed HVAC equipment upgrades at the EOC and roofing upgrades at the City Hall. This project is anticipated to result in 13.6 MT of annual CO2e reductions as well as save the City more than $1.5 M in energy costs over a 30-year period. All facilities in this project are part of the fabric of the community and ensure the safety and well-being of residents.

Lastly, but most urgently, there is a small window of opportunity to reduce carbon emissions that are already causing global warming with the associated extreme weather impacts. This project replaces antiquated and outdated gas-emitting technologies with carbon-free efficient appliances. Today is the day for a comprehensive project that will assist with meeting carbon emission reduction efforts.
78 Budget:

The municipal electrification project cost is estimated to be $1,341,137. The following is a break down of expected funding sources*:

Source Amount
Half Moon Bay FY 23-24 Facility Budget as
currently budgeted for this project.
$200,000
Peninsula Clean Energy Member Agency
Energy Grant
$155,068
Peninsula Clean Energy GovBE Loan $475,000
Tax-Exempt Lease Purchase Program (TELP)
Loan
$511,069
TOTAL $1,341,137
*This model assumes that the Gov BE grant application and the PCE Member Agency grant application are both successful. If needed, the TELP amount would increase to cover any funding gaps.

Timeline:

The Half Moon Bay City Council approved a resolution covering the scope and proposed budget for an Energy Services Contract with Willdan Energy Solutions in May of 2024. All parties have approved the construction contract structure; the final scope design and pricing are nearing finalization. If the requested PCE funding is awarded, construction is anticipated to break ground in Fall 2024.

The following is the expected timeline for the project:
• September 2024 - Scope development complete with finalized costs and savings:
• October 2024 - Council approval of project and construction contract signed:
• August 2025 - Substantial construction completion
• September 2025 - Final closeout, including PG&E permission to operate for solar PV
79 AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND CITY OF LOS BANOS for MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this 1st day of May, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and City of Los Banos, hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed four hundred and twenty-two thousand, seven hundred and eleven dollars ($422,711). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from May 1, 2024, through April 30, 2026.
80 5. Relationship of Parties
Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement. 81 8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.

The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, 82 and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:
83 Name/Title:

Address:

Telephone:

Email:

14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

PENINSULA CLEAN ENERGY

AUTHORITY
__________________________________
Chief Executive Officer, Peninsula Clean
Energy Authority
Date:__________________________
City of Los Banos
__________________________________

Title: ______________________________
Date: ________________________
84 Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached Proposal
85 Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $211,356. Upon execution of this contract

2. Second payment: $211,355. Upon receipt of project invoices for Eligible Project Expenses of $422,711 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
o [account name]
o [financial institution]
o [routing number]
o [account number]
o [account type]
86 87
88 89
90 91

AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

CITY OF MILLBRAE FOR MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this 1 day of August, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter PCEA, City of Millbrae, h Grantee
* * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A Project Description
Exhibit B Grant Distribution

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Agreement exceed
three hundred and two thousand and fifty-six dollars ($302,056). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from Aug. 1, 2024, through July 31, 2026.

5. Relationship of Parties
92 Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee
Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
93 The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

11. Merger Clause; Amendments
94 This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Name/Title: Sam Bautista, Director of Engineering and Public Works Address: 621 Magnolia Avenue, Millbrae, CA 94030
Telephone: 650-259-2336
Email: [email protected]
95 14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

PENINSULA CLEAN ENERGY
AUTHORITY __________________________________ Chief Executive Officer, Peninsula Clean Energy Authority
Date:__________________________
City of Millbrae __________________________________ Thomas C. Williams Title: City Manager
Date: ________________________
96 Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached proposals for LED streetlighting and EV charging and Incentive programs for electrifying landscape equipment as submitted by:

Submittal Date: July 3 and 16, 2024
Point of contact name: Sam Bautista
Point of contact role/title: Director of Engineering & Public Works Point of contact email: [email protected]
97 Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Eligible Project Expenses
the goals of its Strategic Plan to decarbonize the service territory. Expense must be tangible infrastructure associated with electric power.

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $151,028. Upon execution of this contract

2. Second payment: $151,028. Upon receipt of project invoices for Eligible Project Expenses of $302,056 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
98 City of Millbrae
Corporation Yard – EV Charger Installation Project
Overview and description
The City of Millbrae would like to install new EV Chargers at the Corporation Yard, located at 400 East Millbrae Avenue. The project would consist of the installation of eight (8) new EV charging station per the Chargin Evaluation Report as prepared by CLEAResult and coordinated with Peninsula Clean Energy. The project will include installation of new EV Sub-electrical Panels, trenching, concrete pads, striping, and bollards.

Outcomes and benefits
• Supported by City of Millbrae’s Climate Action Plan
The City’s Climate Action Plan, Measure 31, supports EV Charging Infrastructure in Existing Building. It will promote employees to purchase EV’s and allow them to charge their EV at work, if needed.
• Convert current City fleet to an EV fleet
The City will be able to purchase EV’s for the City Fleet when the charging infrastructure is constructed. Converting the City Fleet to EV’s would decrease GHG emissions.

Budget
The City would like to utilize $240,000.00 of its Member Agency Energy Grant allocation for this project. The City has previously received previous quotes to install the eight (8) new EV chargers and $240,000 should be able to cover the cost of construction.

Timeline
Assumed Start Date: End of August 2024.
• Specifications & Plan: 4 weeks
• Lead Time to order EV chargers: 8 weeks
• Installation with Contractor: 1.5 months
Proposed completion January 2025
99 City of Millbrae
Streetlight Conversion to LEDs Project (Phase One)
Overview and description
The City would like to convert the existing streetlights from high pressure sodium lamps or induction lighting lamps in the following locations:

1. Richmond Drive (from Magnolia Avenue to Tioga Drive)

2. San Anselmo (from Santa Helena Avenue to Center Street)

3. Landing Lane (beginning to end)

4. Bay Street (beginning to end)

5. Monterey Street (beginning to end)

6. Center Street (north side from El Camino Real to Monterey Street)

7. Residential neighborhoods (should the City have surplus money to increase the area of conversion).

Project locations 1-6 to be completed in Phase One.

Outcomes and benefits
• Safer Environment
Residents will benefit from better visibility at night, making driving, biking, or walking at night safer
• Energy Savings
Based on the existing Millbrae Streetlight Audit the revised scope of the Streetlight Conversion Project will convert approximately 45 total Luminaires. The total operational savings for 33 Luminaires is approximately $2,000 annually. • Maintenance Savings
Total annual maintenance savings due to reduced failure rates of bulbs, replacement lamp costs, and higher ballast life is $6,410.00 annually. • Total annual savings of project phase one is $8,410.17. • Simple Payback
With a phase one project budget of $35,200 the simple payback is estimated to be

4.2 years.
100
• Aligns with goals in the City of Millbrae’s 2020 Climate Action Plan, Measure 14, to continue to replace street, signal, parks, and parking lot lighting with efficient lighting.

Budget
The City would like to utilize $40,000.00 of its Member Agency Energy Grant allocation for this project. Phase One of the project includes project areas 1-6, for a total of $35,200, which includes a 10% project contingency.

Fixture Type Approx. Quantity Acquisition Cost Labor @ $300/ Fixture
118 Watt LED Cobra 20 $9,000 $6,000
48 Watt LED Cobra 15 $6,000 $4,500
29 Watt LED Cobra 10 $3,500 $3,000
Total Cost Materials and Labor $32,000.00
10% Project Contingency $3,200.00
Total Project Cost Phase One $35,200.00
Phase One Timeline
Assumed Start Date end of July
• Audit and Specification 2-4 weeks
• Lead Time for Fixtures 8-10 weeks
• Installation with Contractor 1-2 months
Proposed completion December 31st, 2024
101
From: Sam Bautista
To: Rafael Reyes
Cc: Andrea Pappajohn
Subject: Re: Member Agency Energy Grants (Millbrae)
Date: Tuesday, July 16, 2024 7:56:11 PM
Hi Rafael-I sent the document, but sent it too quickly. Here is the description for our last Member Agency Energy Grant:

City of Millbrae
Incentive Programs for Electrifying Landscape Equipment Overview and description
The City would like to provide an incentive program for its residents and landscapers (with a valid Millbrae business license) to purchase battery powered leaf blowers and/or weed/grass trimmers.

Outcomes and benefits
California recently passed a law, AB 1346, banning the sale of gas-powered leaf blowers and weed/grass trimmers starting July 1, 2024. Electric outdoor tools offer environmental and health benefits. They don’t produce smelly fumes and emissions, which have been linked to lymphoma and other cancers. Larger electrics don’t require the messy maintenance—oil and spark plug changes, and winterizing—that gas models do. This supports the City’s Climate Action Plan by reducing use on fossil fuels.

Budget
The City would like to utilize the remainder amount of $22,056 of its Member Agency Energy Grant allocation for this project.

Incentive Timeline
Assumed Start Date mid-July
Completion – When funds are depleted
Thanks.

Sam
Sam Bautista, P.E.

Director of Engineering & Public Works
City of Millbrae
102

AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

CITY OF PACIFICA FOR MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this 1 day of August, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and City of Pacifica, hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed four hundred and seventy-five thousand, six hundred and sixty-six dollars ($475,666). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from Aug. 1, 2024, through July 31, 2026.

5. Relationship of Parties
103
Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
104
The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
105
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Name/Title:

Address:

Telephone:

Email:
106

PENINSULA CLEAN ENERGY

AUTHORITY
__________________________________
Chief Executive Officer, Peninsula Clean
Energy Authority
Date:__________________________
City of Pacifica
__________________________________

Title: ______________________________
Date: ________________________
107
Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached proposal as submitted by
Submittal Date: July 3, 2024
Point of contact name: John Mullins
Point of contact role/title: Public Works Special Projects Manager Point of contact email: [email protected]
108
Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $237,833. Upon execution of this contract

2. Second payment: $237,833. Upon receipt of project invoices for Eligible Project Expenses of $475,666 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
o [account name]
o [financial institution]
o [routing number]
o [account number]
o [account type]
109
Pacifica’s
Electric Vehicle Grant Request
July 2024
• Overview Page 2
• Description Page 2
• Benefits Page 2/3
• Outcome Page 3
• EV Infrastructure Development Page 3
• Timeline Page 4
• Budget Page 5
110
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City of Pacifica Electric Vehicle Charging Stations - 2024 Grant Request Overview
Pacifica recognizes that the future requiressustainable programs and infrastructure and is setting ambitious sustainability targets through its pending Climate Action and Adaptation Plan. As a primarily residential community with minimal commercial businesses along the Pacific Coast, transportation accounts for more than 50% of Pacifica’s emissions. This sector, being the largest polluter in Pacifica, presents the City with the greatest opportunity for significant environmental improvements and greenhouse gas emission reductions.

Description
Pacifica’s intent towards reducing greenhouse gasses, carbon, and particulate matter through vehicle emissions is to provide both public and City electric vehicle (EV) resources through outreach, education, private project support, charging station infrastructure and equipment, and the introduction of EV vehicles into the City fleet to address this concern.

In addition to supporting the community and public services with enhanced EV infrastructure, Pacifica has also emerged as a tourist hub and a popular waypoint due to rising temperatures inland. Visitors and EV drivers passing through on Highway 1 are drawn to Pacifica’s numerous attractions, including panoramic vistas from over 100 miles of hiking and biking trails, many of which offer stunning views of the expansive beaches along Pacifica's shorelines. The cool weather and these natural attractions bring an increasing number of vehicles into Pacifica each year.

However, the limited EV infrastructure in Pacifica poses concerns for both residents and visitors regarding the support and convenience of their EV vehicles. The city recognizes this challenge and aims to address it by expanding its EV infrastructure. This expansion will not only better serve the local community and visitors but also align with Pacifica’s commitment to sustainability and its Climate Action and Adaptation Plan goals. By improving EV infrastructure, Pacifica seeks to enhance its environmental footprint and continue to attract eco-conscious tourists, ultimately contributing to a greener and more sustainable future.

Benefits
The City of Pacifica is actively expanding its limited electric vehicle (EV) infrastructure to align with its sustainability goals and foster economic development. This initiative supports the community's vision, the City Council’s 2023-2030 Strategic Plan, the goals of the proposed Climate Action and Adaptation Plan and aims to bolster additional sustainability programs.

Currently, Pacifica has only four publicly available EV charging locations, primarily located on the south side of the City near Highway 1. These EV stations were established through the proactive efforts of local businesses. Recognizing the need for more widespread EV locations and infrastructure, the City is committed to educating, encouraging, and assisting stakeholders and business owners during the planning and permitting processes to facilitate the installation of additional EV charging stations.

Public awareness regarding EV charging stations remains relatively low, particularly concerning the different types, use cases, costs, and best installation practices. While 71% of EV drivers typically charge at home, a significant portion of residents in multiunit dwellings rely on publicly available charging stations. This underscores the need for potential EV site hosts to understand 111
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City of Pacifica Electric Vehicle Charging Stations - 2024 Grant Request the various types of charging stations, determine which type is suitable for their site, estimate costs, follow best installation practices, and comprehend the overall business case and benefits.

To address this need, the City of Pacifica is intensifying its efforts to educate, encourage, and assist the community. By enhancing the EV infrastructure, Pacifica aims to support its residents and attract more visitors, contributing to a greener and more sustainable future for the city.

Outcomes
To help “kick start” the EV program the City of Pacifica has started integrating EV infrastructure into City-owned projects. This includes installing EV charging stations at key public locations such as the recently renovated Pacifica Civic Center, the Community Center, Public Works Offices, and other City-owned properties. These sites are strategically chosen for their high traffic to maximize the availability and visibility of EV infrastructure to the public.

In addition to these efforts, Pacifica plans to upgrade its municipal fleet and make a substantial investment in EV vehicles. This investment will be realized once the necessary EV infrastructure and charging stations are in place to support the future EV fleet. This proactive approach not only demonstrates the City’s commitment to sustainability but also sets a precedent for incorporating green technology into public services and infrastructure projects in the future.

By prioritizing the installation of EV infrastructure at prominent City locations and planning for a future EV fleet, Pacifica is taking significant steps towards reducing its carbon footprint and promoting environmentally friendly transportation options. This initiative is part of the City's broader strategy to achieve its sustainability targets and foster a greener, more sustainable community.

EV Infrastructure Development
As part of the 2014 Climate Action Plan, the City of Pacifica Public Works Department committed to integrating EV infrastructure into its large-scale capital improvement projects and construction projects on public facilities located in high traffic and or high-density areas and neighborhoods.

In alignment with this plan, Pacifica included EV charging infrastructure and dedicated parking spots in two of its most recent significant projects. EV charging infrastructure is also being incorporated into the ongoing American Disability Act (ADA) Transition Plan where applicable.

The recently completed Civic Center Project and the Community Center Retention System Basin Project and the ongoing ADA Transition Projects have all been designed with the future in mind, incorporating EV infrastructure as part of their master plans. These enhancements not only support the City's sustainability goals and improve ADA access but also create a path for future procurement of electric vehicles by providing convenient charging options for residents, visitors, and staff.

By embedding EV infrastructure into these key projects, the City of Pacifica is demonstrating its commitment to environmental sustainability and its proactive approach to reducing transportation-related emissions. These initiatives are crucial steps towards achieving the targets set out in the Climate Action Plan and fostering a greener, more sustainable community. 112
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City of Pacifica Electric Vehicle Charging Stations - 2024 Grant Request Projects & Timeline:

New Pacifica Civic Center Ribbon Cutting in June 2024.

The City of Pacifica is happy to report the new Pacifica Civic Center is now open for business.

This new and exciting project includes 6 new EV designated parking stalls and infrastructure for the installation of 3 new EV dual port units for the charging of up to 6 electric vehicles.

This site will provide EV charging for residents, visitors, City staff, and City owned vehicles.

Community Center Wet Weather Equalization Basin Project completed 2021.

The City of Pacifica is happy to report the new Civic Center Wet Weather Equalization Basin Project has been completed.

This new 2.1 million gallon below ground tank project included the installation of six new EV designated parking stalls (1 ADA Stall) for electric vehicles an infrastructure for the installation of two to three dual port charging units for the charging of up to 6 electric vehicles.

This site will provide EV charging for residents, visitors, City staff, and City owned vehicles.

Pacifica ADA Transition Project/ Public Works EV Charging Project 24/25 As part of the ongoing ADA Transition Projects the City of Pacifica will be adding ADA parking for staff and visitors at our Public Works Corporation Yard.

As part of the ADA Transition Projects and the reconfiguration of the parking lot, the EV infrastructure is being incorporated into the project in preparation for the procurement of the future electric fleet. This project includes 4 designated parking stalls for EV vehicles.

This site will provide EV charging for City staff, visitors to the Public Works Department building, and City owned vehicles.

Note: All three projects noted above are ready for the installation of electrical vehicle equipment. Construction can start as soon as funding is available. 113
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City of Pacifica Electric Vehicle Charging Stations - 2024 Grant Request Budget: Grant Request $ 486,000
Civic Center/City Hall - 6 ports- 3 Dual EV Chargers
Description Each # Units City Costs Grant funding
1 Project Design $ 15,000 1 $ 15,000 Complete
2 Permitting $ - 1 $ - Open
3 Underground infrastructure $ 30,000 1 $ 30,000 Complete 4 New Electrical service $ 26,000 1 $ 26,000 Complete
5 Striping & signage $ 6,000 1 $ 6,000 Complete
$ 77,000
6 Electrical engineering design $ 10,000 1 Pending $ 10,000 7 Unit Installation/Construction - per unit $ 5,000 3 Pending $ 15,000 8 Level 2 Per unit cost - dual port $ 8,000 2 Pending $ 16,000 9 Level 3 Per unit cost - dual port $ 66,000 1 Pending $ 66,000 10 1st yr. maintenance costs per port (+ annual) $ 2,000 6 Pending $ 12,000 11 1st yr. software management cost per port (+annual) $ 1,000 6 Pending $ 6,000 12 Utility costs - Cost-plus 10-15% for overhead TBD 1 Pending 13 Third-party operator cost. - 10% revenue share, covers credit card transaction fees, TBD 1 Pending
14 Soft Cost/3rd Party PM/ Mgmt/Procerssing/adimin $ 25,000 20% Pending $ 25,000 $ 150,000
Description Each # Units City Costs Grant funding
1 Project Design $ 15,000 1 $ 15,000 Complete
2 Permitting $ - 1 $ - Open
3 Underground infrastructure $ 30,000 1 $ 30,000 Complete 4 New Electrical service $ 26,000 1 $ 26,000 Complete
$ 71,000 Complete
5 Electrical engineering design $ 10,000 1 Pending $ 10,000 6 Unit Installation/Construction - per unit $ 5,000 4 Pending $ 20,000 7 Level 2 Per unit cost - dual port $ 8,000 2 Pending $ 16,000 8 Level 3 Per unit cost - dual port $ 66,000 1 Pending $ 66,000 9 1st yr. maintenance costs per port (+ annual) $ 2,000 4 Pending $ 8,000 10 1st yr. software management cost per port (+annual) $ 1,000 4 Pending $ 4,000 11 Utility costs - Cost-plus 10-15% for overhead TBD 1 Pending 12 Third-party operator cost. - 10% revenue share, covers credit card transaction fees, TBD 1 Pending
13 Striping & signage $ 6,000 1 Pending $ 6,000
14 Soft Cost/3rd Party PM/ Mgmt/Procerssing/adimin $ 26,000 20% Pending $ 26,000 $ 156,000
Description Each # Units City Costs Grant funding
1 Project Design $ 15,000 1 $ 15,000 Ongoing
2 Permitting $ - 1 $ -
$ 15,000
3 Underground work $ 25,000 1 Pending $ 25,000
4 New Electrical service $ 15,000 1 Pending $ 15,000
5 Electrical engineering design $ 10,000 1 Pending $ 10,000 6 Unit Installation/Construction - per unit $ 5,000 2 Pending $ 10,000 7 Level 2 Per unit cost - dual port $ 8,000 1 Pending $ 8,000 8 Level 3 Per unit cost - dual port $ 66,000 1 Pending $ 66,000 9 1st yr. maintenance costs per port (+ annual) $ 2,000 4 Pending $ 8,000 10 1st yr. software management cost per port (+annual) $ 1,000 4 Pending $ 4,000 11 Utility costs - Cost-plus 10-15% for overhead TBD 1 Pending 12 Third-party operator cost. - 10% revenue share, covers credit card transaction fees, TBD 1 Pending
13 Striping & signage $ 4,000 1 Pending $ 4,000
14 Soft Cost/3rd Party PM/ Mgmt/Procerssing/adimin $ 30,000 20% Pending $ 30,000 $ 180,000
Grant funding request $ 486,000
Community Center - Wet Weather Equalization Basin Project- 6 ports -3 Dual EV Chargers Estimate project cost already paid by Pacifica
Estimated project cost already paid by Pacifica
Requested project grant funding to complete the project Requested project grant funding to complete the project Requested project grant funding to complete the project Estimated project cost already paid by Pacifica
ADA Transition Plan Project- 4 ports - 2 Dual EV Chargers - Public Works Corporation Yard 114

AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND CITY OF SAN BRUNO for MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this 23 day of July, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and City of San Bruno, hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed Five hundred and six thousand, four hundred and nine dollars ($506,409). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 23, 2024, through July 22, 2026.

5. Relationship of Parties
115
Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
116
The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
117
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Name/Title: Alex D. McIntyre,
Address: 567 El Camino Real, San Bruno, CA 94066
Telephone: (650) 616-7056
Email: [email protected]
118

PENINSULA CLEAN ENERGY

AUTHORITY
__________________________________
Chief Operating Officer, Peninsula Clean
Energy Authority
Date:__________________________
City of San Bruno
__________________________________

Title: ______________________________
Date: ________________________
119
Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached proposal as submitted by
Submittal Date: April 25, 2024
Point of contact name: Ana Morales
Point of contact role/title: Management Analyst
Point of contact email: [email protected]
120
Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: 253,204. Upon execution of this contract

2. Second payment: 253,205. Upon receipt of project invoices for Eligible Project Expenses of $506,409 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
121
1 Project Description

1. Overview and Description
The City of San Bruno (City) is located on the San Francisco Peninsula in San Mateo County, approximately 12 miles south of San Francisco, CA. The City currently owns and maintains approximately 2,100 streetlights, the majority of which are on parallel circuitry, while close to 300 lights are on eight (8) regulated output (RO) circuits, as shown in Map #1 below. The RO streetlights were built around 1950 and PG&E transferred ownership of the RO streetlights to Peninsula ci�es around 1980. Since March 2018 there have been twelve outages on the RO systems throughout the City that required significant repairs, with issues con�nuing through April 2024. These outages involved burned wires, failed transformer, failed photo eyes, failed Kyle switches, pole fires, and failed inground stepdown transformers. Due to old age and the way the exis�ng streetlight circuits were wired, losing connec�vity in one loca�on o�en�mes resulted in a series of streetlights going out of power. Addi�onally, there are no manufacturers currently in business that produce the transformers used in the an�quated RO system.

This is due to the inherent drawbacks of an RO system, which include:
• Fault iden�fica�on. Troubleshoo�ng and maintenance of the light system is more challenging with single-circuit ligh�ng. A failure in the power source or the electrical wires can cause an entire string of lights to malfunction, akin to holiday lights. This requires an extensive diagnos�cs effort leading to increased down �me.
• Lack of flexibility. RO ligh�ng does not cater to different preferences or specific ligh�ng requirements in various ligh�ng situa�ons.
• Ligh�ng pollu�on concerns. Ligh�ng levels can be set too high for some areas without a way of adjus�ng for special needs.

Map #1: Base Map of Regulated Output (RO) Areas
122
2 • Limited adaptability. RO ligh�ng does not accommodate changing environmental condi�ons or varying needs. For instance, special events may require brighter or dimmer ligh�ng that deviates from the regulated output and such adjustments would not be achievable.

Since 2017, the City has been phasing out RO streetlights to address streetlight outages, however, a need still exists for the remaining RO streetlights to be converted.

Given the significant impact that these outages cause on San Bruno’s residents, it is impera�ve for the City to take steps towards a permanent system to replace the exis�ng RO streetlights. City staff have explored mul�ple permanent solu�ons to replace the RO streetlights and star�ng in August 2022 tested four solar-powered streetlights for reliability, ease of use, ease of installa�on, procurement process, etc. A�er months of tes�ng, City staff selected the Grid Shi� Predator’s solar lights due to the product showing great reliability during harsh weather, its remote monitoring func�onality, and excellent customer service response by the manufacturer. Grid Shi� Predator’s smart infrastructure, Grid Shi� Connect, allows 5G remote access to the solar-powered system to monitor, set �ming, and get alerts.

In November 2023, San Bruno’s City Council determined that for the remaining RO streetlights, the permanent solution would be a hybrid of solar-powered (Grid Shift Predator) and AC/DC streetlights. This solution incorporates a green energy approach where the City can implement solar-powered LED streetlights for those streetlights that receive adequate sunlight, and for streetlights that do not receive sufficient sunlight due to environmental or architectural obstructions, a hard-wired connection to the grid using parallel circuits can be established. Furthermore, AC/DC hybrid solar streetlights feature a grid-�ed inverter and batery storage system, which provides an alterna�ve to conven�onal streetligh�ng. These solar streetlights have solar panels to tap solar energy during the day. This energy is stored in the batery for use later. In addi�on, the streetlights are also connected to the PG&E grid, which serves as a backup power supply. When the batery power runs low, the hybrid streetlights pull power from the grid, to ensure a reliable and consistent supply of light. This technology can be found in many applica�ons including ligh�ng streets and highways at night. By using solar panels and grid electricity backup, these solar streetlights provide reliable ligh�ng with lower down �me and cost. Customized programming allows these lights to efficiently shine as needed, crea�ng cost savings.

The scope of work for the RO Streetlight Replacement Project (Project) includes the design and construction of converting the City’s RO streetlight system to AC/DC hybrid solar streetlighting.

The project is currently in the design phase. Please see 4. Timeline below for more details.

2. Outcomes and Benefits
The primary benefit of this Project is to proactively prevent future streetlight outages for San Bruno’s residents and in turn, improve the overall health and safety of the City by improving the safety and reliability of the streetlight system for pedestrians, bicyclists, and the broader traveling public.

Measurable outcomes:
1) Replace 245 streetlights with 10 AC/DC and 235 solar streetlights. 2) Create collec�ve intelligent sensor-based infrastructure that allows sensors to collect and report real-�me data to inform City staff on the opera�on and performance of streetlights. 3) PG&E utility bill savings ranging up to 90% for residents impacted by the Project. 123
3 4) Carbon footprint from the existing streetlights to the Grid Shi� Predators solar lights will be reduced to 0%.

3. Budget
Design $65,000
Construction $3,500,000
TOTAL $3,565,000

4. Timeline
Design January 2024 – October 2024
Construction November 2024 – December 2025
124

AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

CITY OF SOUTH SAN FRANCISCO FOR MEMBER AGENCY ENERGY GRANT

PROGRAM
This Agreement is entered into this 1 day of June, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and City of South San Francisco, hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed one million, two hundred and sixty three thousand, three hundred and seventy two dollars ($1,263,372). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from June 1, 2024, through May 30, 2026.

5. Relationship of Parties
125
Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
126
The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
127
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Name/Title:

Address:

Telephone:

Email:
128

PENINSULA CLEAN ENERGY

AUTHORITY
__________________________________
Chief Executive Officer, Peninsula Clean
Energy Authority
Date:__________________________
City of South San Francisco
__________________________________

Title: ______________________________
Date: ________________________
129
Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached proposal as submitted by
Submittal Date: May 14, 2024
Point of contact name: Christina Fernandez
Point of contact role/title: Deputy City Manager
Point of contact email: [email protected]
130
Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $631,686. Upon execution of this contract

2. Second payment: $631,686. Upon receipt of project invoices for Eligible Project Expenses of $1,263,372 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
o [account name]
o [financial institution]
o [routing number]
o [account number]
o [account type]
131
132

24.04.19 I SOUTH SAN FRANCISCO OLD TOWN LIGHTING +
HISTORIC COMMERCIAL: REPLACE ACORN HEADS
FIXTURE BY HOLOPHANE:

AWDE3 Acrylic Washington Postlite Utility LED3
LED Performance: P40 12,000 nominal lumens
LED Color Temp: 30K 3000K CCT
Optics: AL5 Acrylic, Type V

SCOPE AREA
Grand Ave.

Linden Ave.

Miller Ave.

Lux Ave.

California Ave.

Pine Ave.

Aspen Ave.

Juniper Ave.

Tamarak Ln.
7th Ln.
8th Ln.
9th Ln.
6th Ln.
3rd Ln
Cypress Ave.Airport Blvd
Spruce Ave.

Maple Ave.

SSF CLEAN ENERGY GRANT FUNDING - SUMMARY EXHIBIT
STUDY AREA:

Grand Avenue from Airport to Spruce.

Linden Avenue from Railroad to Armour.

FIXTURE COUNT:
170 Fixtures (85 Poles) - to be field verified
ESTIMATED CONSTRUCTION COST:
$536,500 - Direct Estimated Cost
--- Markups (compounded) ----
$160,950 - Design Phase Estimating Contingency (30.0%)
$125,541 - General Conditions (18.0%)
$82,299 - General Contractor OH&P (10.0%)
$22,632 - Insurance and Bonds (2.5%)
$927,922 TOTAL ESTIMATED CONSTRUCTION COST (IN JUNE 2023 $) ENERGY SAVINGS:
62% Reduction in Energy Usage (210W input to 80W input) 133
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Holophane | One Lithonia Way, Conyers, GA 30012 | Phone: 866-HOLOPHANE | www.holophane.com | [email protected] © 2020-2023 Acuity Brands Lighting, Inc. All rights reserved. Rev. 01/10/23 Specifications subject to change without notice.

AWDE3
Acrylic Washington Postlite Utility LED3
Catalog Number
Notes Type
General Description
The Acrylic Washington Postlite Utility LED3 is designed for ease of maintenance with the plug-in electrical module common to each of the luminaires in Holophane’s Utility Luminaire Series. The large acorn-shaped luminaire, while reminiscent of the 1920’s, contains a powerful, stalk-mounted Chip-On-Board, LED platform with a precision optical system that maximizes post spacings while maintaining uniform illumination
Mechanical Specifications
The luminaire housing shall:
• Be heavy grade A360 cast aluminum (aluminum with <1% copper) • IP55 rated housing provides tool-less access with a spring-loaded latch • Incorporate a hidden hinge door allowing the door to swing open and remain open • Offer units with an EEI- NEMA twist lock photocontrol receptacle, the housing contains a tempered glass window to allow light to reach the cell
• Mount to slip-fitter that will accept 3" high by 2-7/8" to 3-1/8" O.D. pole tenon • Provide four uniquely designed stainless steel spring clips, enclosed in a clear polyvinyl chloride sleeve and adjusted by 1/4-20 hex-head bolts that securely cradle the prismatic acrylic refractor.

The same ¼-20 bolts also support the decorative rib and banding assembly The finish shall:
• Utilize a polyester power coat paint to ensure maximum durability • Rigorous multi-stage pre-treating and painting process yields a finish that achieves a scribe creepage rating of 8 (per ASTM D1654) after over 5,000 hours exposure to salt fog chamber (operated per ASTM B117) on standard and RAL finish options.
• RAL (RALxxxxSDCR) paint colors are Super Durable Corrosion Resistant, 80% gloss.

Electrical Specifications
The driver shall meet the following requirements:
• Certified by UL or CSA for wet locations
• A factory programmable electronic driver with 0-10V dimming control leads • LEDs shall have a minimum of 70 CRI and available in 2700K, 3000K, 4000K, and 5000K CCT • The electrical system shall be designed to meet ANSI/IEEE C62.41.2 and shall offer a 10kV/5kA surge protection, fail off, as standard with an upgradable 20kV/10kA surge protection, fail off with indicator light, option
• Lumen output can be customized prior to manufacturing by way of FPDxx Options • The electrical components are mounted on an aluminum plate that is removeable with minimum use of tools. A matching five conductor plug connectsto the receptacle in the luminaire housing to complete the wiring. For photoelectric operation, the electrical module is provided with an EEI-NEMA twist-lock photocell receptacle.

Optical Specifications
The optical system is IP66 rated and consists of a precisely molded thermal resistant acrylic refractor and top reflector mounted within the decorative acrylic optic. The top reflector redirects over 50% of the upward light into the controlling refractor while allowing a soft up-light component to define the traditional acorn shape of the luminaire. The lower refractor uses precisely molded prisms to maximize the pole spacings while maintaining uniform illuminance. Two refractors are available, designed for IES type III and V distributions. Lunar Optics shielding is available for asymmetric and symmetric distributions.

Control Options
The control options shall include, but not limited to, the following:
• Field adjustable output to adjust output to luminaire - AO • Long life photocontrol, 20 years – PCLL, P34 and P48 with DTL • 3 and 7 pin receptacles internally in housing (PR3, PR7) or inside acrylic lens mounted (PR7E) • nLight Air rSBOR6 outdoor fixture-mounted motion and photo-sensor, features a dual radio to communicate wirelessly to other nLight Air devices for group response to motion, on/off control in response to daylight and by switch – RSBOR6
• Fixture embedded nLight Air network interface for individual fixture control and dimming - NLTAIR2.

Certification and Standards
• Luminaire shall be UL or CSA listed.
• Suitable for operation in an ambient temperature up to 40°C / 105°F per UL or CSA certification • LM79 compliant
• DesignLights Consortium® (DLC) qualified product. Not all versions of this product may be DLC qualified. Please check the DLC Qualified Products List at www.designlights.org/QPL to confirm which versions are qualified.

Buy American Act
TThis product is assembled in the USA and meets the Buy America(n) government procurement requirements under FAR, DFARS and DOT regulations.

Please refer to www.acuitybrands.com/resources/buy-american for additional information.

Warranty
5-year limited warranty. This is the only warranty provided and no other statements in this specification sheet create any warranty of any kind. All other express and implied warranties are disclaimed Complete warranty terms located at: www.acuitybrands.com/support/warranty/terms-and-conditions Note: Actual performance may differ as a result of end-user environment and application.

All values are design or typical values, measured under laboratory conditions at 25 °C.

Specifications subject to change without notice.

SPECIFICATIONS
3'-7"
1'-0 7/8"
1'-5 1/4"
3'-7"

LUMINAIRE

HOUSING

SLIP FITTER FOR
3" Ø TENON

SET SCREWS
1'-0 7/8"

PRISMATIC ACRYLIC

REFLECTOR

PRISMATIC ACRYLIC

REFRACTOR

PRISMATIC ACRYLIC

TOP CAP
Maximum weight - 37 lbs
Maximum effective projected area - 2.19 sq. ft.
®
134
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AWDE3
Acrylic Washington Postlite Utility LED3
Holophane | One Lithonia Way, Conyers, GA 30012 | Phone: 866-HOLOPHANE | www.holophane.com | [email protected] © 2020-2023 Acuity Brands Lighting, Inc. All rights reserved. Rev. 01/10/23 Specifications subject to change without notice.

ORDERING INFORMATION Example: AWDE3 P50 30K MVOLT MS AL3 BK MB ST TBK AO Accessories: Order as separate catalog number.

DECORATIVE BAND OPTIONS
RBMX Ribs and Band Kit, Field installed
(Field installed. For use with units without factory installed ribs and band. Insert trim color for X)

HOUSE-SIDE SHIELD OPTIONS
GVDHSS90 House Side Shield Solid 90˚
GVDHSS12 House Side Shield Solid 120˚
GVDHSS18 House Side Shield Solid 180˚
GVDHSL90 House Side Shield for Lunar Optic Solid 90˚
GVDHSL12 House Side Shield for Lunar Optic Solid 120˚
GVDHSL18 House Side Shield for Lunar Optic Solid 180˚
Series LED Performance Package LED Color temperature Voltage Housing Style AWDE3 Acrylic Washington Postlite Utility
LED3
P10 3,700 nominal lumens
P20 6,000 nominal lumens
P30 9,000 nominal lumens
P40 12,000 nominal lumens
P50 13,800 nominal lumens
P60 16,100 nominal lumens
P70 20,100 nominal lumens
27K 2700K CCT
30K 3000K CCT
40K 4000K CCT
50K 5000K CCT
MVOLT Auto-Sensing 120-277V 50/60HZ
HVOLT Auto-Sensing 347-480V 50/60HZ
MS Modern Style Swing
Open Design
LS Leaf Style Swing
Open Design
Optics Housing Color Trim Finial Trim Color
AL3 Acrylic, Type III
AL5 Acrylic, Type V
AL3LU Acrylic, Type III
Lunar Optic
AL5LU Acrylic, Type V
Lunar Optic
BK Black
BZ Bronze
GH Graphite
GN Green
GR Grey
PP Prime Paint
WH White
CMC CustomMatchColor
Finish
XX STD Finish, TBD
RALxxxxSDCR RAL Super Durable
Corrision Resistant, 80%
Gloss Paint, replace xxxx
with RAL number.
(Blank) No Trim
FBM Full Cover with Medallions and Band
FNT Full Cover only
MB Medallions and Band
RBM Ribs, Band and Medallions
FRBM Full Cover, Ribs, Band and Medallions
(Blank) No Finial
BL Ball
CL Clear Acrylic 3"
CR Cross
EG Eagle
FL Flower
KC Knurled Cap
PN Pawn
ST Standard
RM Roman Cross
(Blank) If No Trim AND No Finial
TBK Black
TBZ Bronze
TGL Gold
TGH Graphite
TGN Green
TGR Grey
TPP Prime Paint
TWH White
TCMC Custom Match Color Finish
TRALxxxxSDCR RAL Super Durable
Corrision Resistant, 80%
Gloss Paint, replace xxxx
with RAL number.

TXX STD Finish, TBD
Options: Option Compatibility Matrix on page 3 of 4

CONTROLS OPTIONS
AO Field Adjustable Output
PR3 NEMA twistlock photocontrol receptacle - 3 pin
PR7 NEMA twistlock dimming photocontrol receptacle - 7 pin PR7E NEMA twistlock dimming photocontrol receptacle - 7 Pin (Under Acrylic) PCLL Long Life DTL Twistlock Photocontrol for Solid State, MVOLT P34 Long Life DTL Twistlock Photocontrol for Solid State, 347V P48 Long Life DTL Twistlock Photocontrol for Solid State, 480V SH Shorting Cap
RSBOR6 nLight Motion Sensing Photocontrols
NLTAIR2 nLight rIO 2.0 Antenna

DRIVER ELECTRICAL OPTIONS
FPDxx Factory Programmed Driver
20KV Extreme surge protection 20kV/10kA, fail off with indicator light

PREWIRED LEAD OPTIONS
L1H 1.5 ft prewired leads
L03 3ft prewired leads
L10 10 ft prewired leads
L20 20 ft prewired leads
L25 25 ft prewired leads
L30 30 ft prewired leads

OPTIC OPTIONS
TB Tucson Black Cover

NEMA LABEL OPTIONS
NL1X1 1" X 1" ANSI Wattage Label
NL2X2 2" X 2" ANSI Wattage Label

OPTIC OPTIONS
UA Unitized Assembly
135

SOUTH SAN FRANCISCO OLD TOWN LIGHTING

PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST

BASED ON MASTER PLAN

3.1 ESTIMATE DETAILS - HISTORIC COMMERCIAL Multiplier: Date: 6/16/2023 Draft

10.6 Line Item Component Description Study
Block
Quantity
Entire
Study
Area
Quantity
Unit Unit Cost $ Study
Block
Estimated
Cost $
Entire Study
Area
Estimated
Cost $
1 1 Recommendation 1A - Replace Heads with Higher Output 2 Traffic control 11 1 LOC 6,500.00 6,500.00 71,500
3 Remove (E) acorn head luminaire 16 170 EA 260.00 4,160.00 44,200 4 Acorn head LED luminaire, 77 W,
Holophane Acrylic Washington Postlite
Utility LED3
170 16 EA 2,100.00 33,600.00 357,000
5 Lighting controls 11 1 LOC 5,800.00 5,800.00 63,800
6 7 1 Subtotal - Recommendation 1A - Replace Heads with Higher Output 50,060 536,500 8 9
10 2 Recommendation 2 - Retrofit Solution
11 Traffic control 11 1 LOC 6,500.00 6,500.00 71,500
12 Remove (E) light source at acorn head 16 170 EA 100.00 1,600.00 17,000 13 LED kit, 60 W, Vega D4A Adaptive Light
Source
170 16 EA 1,300.00 20,800.00 221,000
14 Lighting controls 11 1 LOC 5,800.00 5,800.00 63,800
15 16 2 Subtotal - Recommendation 2 - Retrofit Solution 34,700 373,300 17 18
19 3 Recommendation 7 - Festoon Lighting over Sidewalk
20 Traffic control 11 1 LOC 6,500.00 6,500.00 71,500
21 Festoon lighting, 2' oc fixture spacing,
Tivoli Litesphere 2.0
9,498 896 LF 68.00 60,928.00 645,864
22 Intermediate support pole w/ footing 7 74 EA 5,000.00 35,000.00 370,000 23 Lighting controls 11 1 LOC 5,800.00 5,800.00 63,800
24 Electrical service upgrade, allow 1 11 LOC 10,200.00 10,200.00 112,200 25 26 3 Subtotal - Recommendation 7 - Festoon Lighting over Sidewalk 118,428.00 1,263,364 Prepared for: SWA Group
Prepared by: M Lee Corp 3.1 Estimate Details-Historic Page 15 of 19 136

AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

CITY OF SAN CARLOS FOR MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this 1 day of August, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and City of San Carlos, hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed four hundred and fifty-seven thousand, eight hundred and thirty-two dollars ($457,832).

In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from Aug. 1, 2024, through July 31, 2026.

5. Relationship of Parties
137
Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
138
The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
139
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Name/Title: City Manager
Address: City of San Carlos, 600 Elm St, San Carlos, CA 94070 Telephone: 650 802-4100
Email: [email protected]
140

PENINSULA CLEAN ENERGY

AUTHORITY
__________________________________
Chief Operating Officer, Peninsula Clean
Energy Authority
Date:__________________________
City of San Carlos
__________________________________

Title: ______________________________
Date: ________________________
141
Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached proposal as submitted by
Submittal Date: July 16, 2024
Point of contact name: Nil Blackburn
Point of contact role/title: Assistant City Manager
Point of contact email: [email protected]
142
Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $228,916. Upon execution of this contract

2. Second payment: $228,916. Upon receipt of project invoices for Eligible Project Expenses of $457,832 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
143
Member Agency Energy Grants Application

1. Overview and description
Corporation Yard Solar Panel Installation and Roof Replacement The solar panel system at the City of San Carlos Corporation Yard has been in operation since 2004.

Due to the age of the system, obtaining technical support and replacement materials has become increasingly challenging. With advancements in solar technology, newer and more efficient models are now available on the market. Additionally, frequent roof issues and leaks necessitate a complete roof replacement to ensure the integrity of the building and the new solar panel system.

2. Outcomes and benefits
Energy Savings: The new roof and updated solar panel system will save energy costs and generate more electricity than the existing setup. In fact, it is estimated that an additional 50 kW can be added to the Corporation Yard, thereby doubling the size of the existing 50 kW system.

Efficiency: The newer solar panels will be more efficient, reducing maintenance costs and downtime.

Sustainability: This project supports the City’s sustainability goals by utilizing renewable energy sources.

Structural Integrity: The new roof will protect the building’s structural integrity, preventing leaks and damage that could compromise the solar panel system. A new solar system cannot be installed until the new roof is constructed.

3. Budget
$644,000 - Corporation Yard Solar Panel Installation and Roof Replacement The City received the following cost estimate in June from McMillan Electric:
• Estimated cost of new solar system: $220,000
• Estimated cost for removal and disposal of current solar system: $80,000 • Estimated cost of roof replacement: $344,000
In the City of San Carlos’ most recent budget update, the City committed $175,000 in funding towards the Corporation Yard Solar Panel Installation and Roof Replacement project in FY 2024-2025 (see page 3). There is still a $469,000 funding gap for this project. 144

4. Timeline
Once the project is fully funded, design and construction can begin. The project will be completed no more than 24 months after receiving funds from the Member Agency Energy Grant program. The project will likely begin in the spring of 2025.
145
C2410: Roof Replacement and Solar Panel Upgrade - NEW
Fund Number: General Fund Capital Project - 0025 Location: Corporation Yard Department: Public Works Strategic Plan: Yes
Project Manager: Lou Duran Priorities: Safety I Necessary Upgrade Category: Facilities Priority Rating: 1
Description
Replace the roof and existing solar panels at the Corporation Yard to optimize operational efficiency and address critical requirements. The roof replacement arises from prolonged exposure to environmental elements, resulting in significant wear and tear over time.

Justification
The current solar panel system has been in operation since 2004. Challenges arise when technical support and replacement materials are unavailable. Given the advancements in technology, newer and more efficient models are readily accessible on the market. Additionally, increased occurrences of roof issues and leaks now necessitate a full replacement.

Fiscal Year 2024 - 2025
New project
Appropriations
Approved Expenses
New request
Total
Fund Financing Sources
Total
Total Capital Project
Total Approved
Budget Total Spent
$ $
$ $
$ $
$ $
$ $
Duration
Status
Pro rammed Fundin
Adopted
Adopted Update Requested
2023-24 2024-25 2025-26
$ $ $
175,000
$ $ 175,000 $
$ $ $
$ $ $
$ $ 175,000 $
Future Impact on Operating Budget
No
Current Strategic Plan Objective
Child Care
t------=x-=------tClimate Change Mitigation, Adaptation & Resilience I----------<
Downtown
1-----------i
Housing
,__ _______ __.

Mobility, Traffic & Transportation Infrastructure
Northeast Area Specific Plan 1-----------iRecreation Services Capitalized Project X Non-Capitalized Project
Requested Requested Total Project
2026-27 2027-28 Funding
$ $ $
175,000
$ $ $ 175,000
$ $ $
$ $ $
$ $ $ 175,000
CITY OF SAN CARLOS ADOPTED UPDATED FY 2024-2025 BUDGET
146
DATE: August 13, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Jeremy Waen, Senior Director of Regulatory Policy SUBJECT: Approval of Second Amendment to Second Agreement with the Law Firm of Braun Blaising & Wynne, P.C., in an Amount Not-to-Exceed $150,000 for a Total Contract Not-to-Exceed Amount of $600,000.

Item No. 6

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

BACKGROUND
Peninsula Clean Energy (PCE) Authority has had a continuing, productive relationship with outside counsel, Braun Blaising & Wynne (BB&W), P.C., a law firm that specializes in, among other things, energy law, public power, and regulatory matters. Over the last seven years, BB&W has provided PCE with broad support for its litigation of and compliance with complicated regulatory proceedings before the California Public Utilities Commission (CPUC).

The PCE Board originally authorized on June 8, 2018, the first retention agreement with BB&W. Subsequently, on August 18, 2019, the PCE Board authorized the second retention agreement with BB&W which replaced the prior agreement and established a not-to-exceed contract amount of $300,000. Presently, PCE continues to operate under this second amendment. On April 28, 2022, the PCE Board authorized an amendment to the second agreement to increase the not-to-exceed amount to $450,000 to allow for continued regulatory and legal support. PCE staff is now seeking a second amend the current Agreement with BB&W to further expand the not-to-exceed limit by $150,000 to $600,000 of cumulative spend to allow for further support of PCE's regulatory engagement.

DISCUSSION
Braun Blaising & Wynne, P.C., continues to provide PCE with significant assistance in numerous dockets at the California Public Utilities Commission, the California Energy Commission, the California Air Resources Board and with certain legislative activities. Staff has been very satisfied with the assistance this firm has provided to date. In particular, support from BB&W has been instrumental in ensuring PCE's timely compliance with numerous regulatory obligations including the submissions of PCE's Renewable Portfolio Standard (RPS) compliance plans, various compliance filings necessitated by PCE's participation in the Disadvantaged Communities Green-Tariff (DAC-GT), and many other matters. As such, staff seeks to continue this relationship by further amending the authorized not-to-exceed spending limit within the current agreement with BB&W.
147

FISCAL IMPACT
Additional spend of up to $150,000 for a total contract not-to-exceed cap of $600,000.

ATTACHMENTS:

Second Amendment - BB&W Legal Services Agreement.pdf
148
RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

APPROVAL OF SECOND AMENDMENT TO SECOND AGREEMENT WITH THE LAW FIRM OF BRAUN BLAISING & WYNNE, P.C., IN AN AMOUNT NOT-TO-EXCEED $150,000 FOR A TOTAL CONTRACT NOT-TO-EXCEED AMOUNT OF $600,000.

RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, State of California, that
WHEREAS, the Peninsula Clean Energy Authority (“Peninsula Clean Energy" or the "Authority") was formed on February 29, 2016; and
WHEREAS, the JPA Agreement forming the Authority delegates to the Board the power to hire a General Counsel pursuant to Paragraph 3.3.2; and
WHEREAS, the San Mateo County Attorney’s Office has been appointed General Counsel and has been delegated authority to retain outside legal services in amounts not to exceed $25,000; and
WHEREAS, the General Counsel has determined it was necessary to seek outside legal services related to state regulatory oversight and policy and on June 8, 2018 this Board authorized the General Counsel to retain Braun Blaising & Wynne, P.C., on behalf of Peninsula Clean Energy for that purpose to execute the retention agreement then presented to the Board; and
WHEREAS, the Board authorized a second agreement with the retention amount of $300,000 on August 18, 2019; and
WHEREAS, the Board authorized a first amendment to the second agreement with the retention amount increased to $450,000 on April 28, 2022; and WHEREAS, Braun Blaising & Wynne, P.C., has provided assistance to PCE in various capacities and the cost of its legal services will exceed the amount already authorized.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the CEO is authorized to execute with the law firm of Braun Blaising & Wynne, P.C., a second amendment to the current agreement already approved by the Board as long as the amount does not exceed $150,000.
149

SECOND AMENDMENT TO SECOND LEGAL SERVICES AGREEMENT BETWEEN

THE PENINSULA CLEAN ENERGY AUTHORITY AND
BRAUN BLAISING & WYNNE, P.C.

This Second Amendment (“Second Amendment”) to the Second Legal Services Agreement between Peninsula Clean Energy Authority, a California joint powers authority (“Client”) and Braun Blaising & Wynne, P.C., a California professional corporation (“Firm”), (individually, a “Party”; collectively, the “Parties”), effective as of the date fully executed by all parties, is made by and between Client and Firm.

WHEREAS, on or about June 8, 2018, the Parties entered into a legal services agreement (“First Agreement”) by which the Firm has been providing legal and regulatory services in support of the Client’s Community Choice Aggregation (“CCA”) program, including certain joint services provided by the Firm to the Client and other CCA clients (“Services”); and WHEREAS, on or about August 18, 2019, the Parties entered into a second legal services agreement (“Second Agreement”) that replaced the First Agreement; and WHEREAS, on or about April 28, 2022, the Parties amended the Second Agreement (“First Amendment”) to increase the not to exceed amount under the Second Agreement (“NTE Amount”) from $300,000 to $450,000; and
WHEREAS, the Second Agreement includes a schedule of fees for services provided by Firm to Client, as modified by the First Amendment and subsequent written notices under Section 3(e); and
WHEREAS, the parties now desire to further amend the Second Agreement to increase the NTE Amount and update Firm’s schedule of fees.

NOW, THEREFORE, in consideration of the forgoing facts, the mutual covenants contained herein and other good and valuable consideration, the Parties agree to further amend the Second Agreement as follows:

1. The schedule of hourly rates by category in Section 3(a) will be replaced with the following:

Shareholder: $490
Junior Shareholder: $440
Senior Attorney: $400
Senior Associate: $380
Junior Associate: $330
Law Clerk: $190

2. Section 3(f) shall be amended by replacing “$450,000” with “$600,000” in every instance.

3. Except as expressly stated herein, all of the terms and conditions of the Second Agreement will remain in full force and effect.
150
2 The Parties have executed this Second Amendment as of the date indicated below.

PENINSULA CLEAN ENERGY BRAUN BLAISING & WYNNE, P.C.
___________________________________ __________________________________ By: By:
___________________________________ __________Shareholder/Secretary______ Title: Title:
___________________________________ ___ July 25, 2024_____________ Date: Date:
151
DATE: May 14, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Nelly Wogberg, Board Clerk
SUBJECT: Approval of Minutes from November 16, 2023, June 27, 2024, and Correction of April 25, 2024 Board of Directors Meetings
Item No. 7

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approval of Minutes from November 16, 2023, June 27, 2024, and Correction of April 25, 2024 Board of Directors Meetings.

BACKGROUND
In addition to presenting minutes from the November 2023 Board meeting, staff had included roll call incorrectly in the April 25, 2024 Board minutes, so the updated minutes are included here along with the most recent Board meeting minutes from June 27, 2024.

ATTACHMENTS:
11-16-2023 BOD Minutes.pdf
06-27-2024 BOD Minutes.pdf
04-25-2024 BOD Minutes V2.pdf
152
Item No. 2
Regular Meeting of the Board of Directors of the
Peninsula Clean Energy Authority (PCEA)
Minutes
Thursday, November 16, 2023
5:30 p.m.

Zoom Video Conference and Teleconference

CALL TO ORDER
Meeting was called to order at 5:35 p.m. in virtual teleconference, in the Peninsula Clean Energy Authority lobby, and in the Los Banos City Hall conference room A.

ROLL CALL
Participating:

Dave Pine, San Mateo County, arrived at 5:38 p.m.

Ray Mueller, San Mateo County, arrived at 5:54 p.m. and left at 6:49 p.m.

Rick DeGolia, Atherton, Chair
Julia Mates, Belmont
Donna Colson, Burlingame, Vice Chair
Ken Gonzalez, Colma
Roderick Daus-Magbual, Daly City
Harvey Rarback, Half Moon Bay
Al Royce, Hillsborough
Paul Llanez Faria, Los Banos, arrived at 6:02 p.m.

Betsy Nash, Menlo Park
Anders Fung, Millbrae, arrived at 5:51 p.m.

Tygarjas Bigstyck, Pacifica
Jeff Aalfs, Portola Valley
Marty Medina, San Bruno
James Coleman, South San Francisco

Absent:

Coleen Mackin, Brisbane
Carlos Romero, East Palo Alto
Sam Hindi, Foster City
Elmer Martinez Saballos, Redwood City
John Dugan, San Carlos
Amourence Lee, San Mateo
Jennifer Wall, Woodside
A quorum was established.

PUBLIC COMMENT
None
153
Item No. 2

SWEARING IN OF NEW BOARD MEMBER
Jennifer Stalzer, Assistant General Counsel, presided over the swearing-in ceremony of new Alternate Board Member, Alvin Royse from Hillsborough.

ACTION TO SET THE AGENDA AND APPROVE REMAINING CONSENT AGENDA ITEMS MOTION: Director Bigstyck moved, seconded by Director Coleman to set the Agenda, and approve Agenda Item Numbers 1-5.

1. Approve a Resolution for a One-Time $300 Rebate for California Alternate Rates for Energy Program (CARE) and Family Electric Rate Assistance Program (FERA) Customers

2. Approval of Consulting Contract Amendment with Andrew Stern to Extend the Term of Services Through January 31, 2024

3. Approval of a Resolution Delegating Authority to Chief Executive Officer to Execute an Agreement with Customized Energy Solutions, LTD. for Scheduling Coordinator, Battery Storage Optimization, Short-term Forecasting, and Congestion Revenue Rights Portfolio Management with terms consistent with those presented, in a form approved by the Deputy County Attorney, and for a term of three years, in an amount not to exceed $2,700,000

4. Approval of the 2024 Board of Directors Schedule of Meetings

5. Approval of EV Ready Program Fund Reservation Agreement, Providing $120,000 in Customer Incentives
MOTION PASSED: 13-0 (Absent: San Mateo County, Brisbane, East Palo Alto, Foster City, Los Banos, Millbrae, Redwood City, San Carlos, San Mateo, Woodside)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director Mates X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Royse X
Los Banos Director Llanez X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
154
Item No. 2
San Carlos Director Dugan X
San Mateo Director Lee X
South San Francisco Director Coleman X
Woodside Director Wall X
Total 13 10
Chair DeGolia introduced Shalini Swaroop, Peninsula Clean Energy’s new Chief Operating Officer, and Nick Bijur, Peninsula Clean Energy’s new Chief Financial Officer.

REGULAR AGENDA

6. 2023 Board Retreat
Chair DeGolia introduced the 2023 Board Retreat.
a. Segment 1: Introductory Question and Futures Discussion Shawn Marshall, Chief Executive Officer, introduced Daniel Student from the Potrero Group.

Daniel Student, Director of Business Development with Potrero Group, introduced and facilitated an introductory question of: “Peninsula Clean Energy has been in exponential growth since its inception and is now moving into its next stage of organizational maturity. What does and/or should growth mean or look like for Peninsula Clean Energy in the next 5-7 years? Consider electricity, customer impact, and industry/market impact.”
Board discussion ensued.
b. Segment 2: Brief Overview of Organizational Development Evaluation and Feedback from Staff Retreat
Daniel Student gave some background information on the Staff Retreat held in September 2023 and introduced Justin Pine, Strategic Accounts Manager, who provided some feedback from the staff perspective. Daniel then introduced the organizational assessment process which will evolve throughout the upcoming year.

Public Comment: None
c. Segment 3: Update and Discussion on Key Priority #1: Procurement Priorities and 24/7 99% time-coincident goal Shawn Marshall introduced Roy Xu, Director of Power Resources, who gave a presentation on procurement priorities and the 24/7 99% time-coincident goal.

Vice Chair Colson noted that advancements in technology are missing from these predictions and make it difficult to determine the risk of long-term contracts. Roy explained that to hit the 2027 goal, we will need to procure today, locking ourselves into long-term contracts.

Director Nash noted that a previous discussion indicated that 99% time-coincidence would be cost effective. Chair DeGolia agreed and explained that the market is not moving as previously estimated. 155
Item No. 2
Director Mates asked about 83% as a goal. Roy explained that the 83% goal is based on contracts we already have coming online on time.

Vice Chair Colson shared that the risk of over procuring is a concern and shared that setting a bigger long-term target versus continuously breaking smaller goals is preferable, as is not worrying about a proclamation for how Peninsula Clean Energy will lead the industry.

Director Aalfs added that operating in a range of time-coincidence, perhaps between 95-99%, will help us allow for unforeseen market variations and that the 99% goal could be something that we “walk” towards without locking ourselves into long-term contracts as technology is always improving.

Director Bigstyck shared that evolving the goal towards a model creates an opportunity to still lead the industry.

Director Rarback asked if this 24/7 goal would impact the plans for the surplus funds that Peninsula Clean Energy currently has. Vice Chair Colson explained that a responsible amount is being discussed for redistribution.

Chair DeGolia shared that he would be proud if we got to 90% by 2027 as we’re at 83% now, but that the customer should come first, and the customer currently has a focus on the cost of power versus earlier priorities of clean power.

Jeremy Waen, Director of Regulatory Policy, added that the usage line can be reshaped, through programs like Virtual Power Plants and others.

Shawn Marshall asked about structural issues in the regulatory domain and marketplace that are not ready for 24/7 time-coincident and that currently all reporting is on an annual basis. Jeremy explained that there is an initiative and the California Energy Commission (CEC) that reporting will shift to hourly accounting, adding that the California Public Utilities Commission (CPUC) is also planning to shift some targets to an hourly focus.

Director Medina shared that having goals is great, but that unachievable goals mean we need to pivot and do the best we can to minimize risk and keep costs low.

Public Comment: Craig Taylor
The Board took a break from 7:42 p.m. to 7:52 p.m.
d. Segment 4: Update and Discussion of Key Priority #2: Support Decarbonization of Member Agency Communities by 2035
Rafael Reyes, Director of Energy Programs, gave a presentation on supporting decarbonization of member agency communities by 2035.

Director Aalfs asked how much can Distributed Energy Resources (DER) save on PGE distribution costs? Rafael explained that the theory is that properly deployed distributed resources can provide grid benefits or wholesale procurement benefits, but it can also provide benefits with the distribution grid and transmission grid. Peter Levitt, Programs Manager, DER, added that the values of DER would be immense, noting that Virtual Power Plants (VPP) would be unlocked in a way that isn’t currently seen.
156
Item No. 2
Chair DeGolia shared that batteries are helpful because they reduce load and with proper managing there should be value in deploying batteries during necessary times, but that deploying batteries can be difficult and we need to be able to measure the impact that batteries are having.

Director Nash added that batteries also help with resiliency.

Vice Chair Colson shared that public education may be helpful in reducing load at peak times. Rafael explained that the goal would be to not necessitate the public thinking about it at all.

Director Gonzalez asked about the security of smart grids. Rafael explained that security is always a concern, adding that big risks exist for national security, such as something happening to thousands of vehicles at once, but that a lot of work is being done in this area.

Director Pine asked for cost barrier for DER. Peter Levitt shared that the net cost of DERs is dependent on additional value streams that can be pulled into the equation. Peninsula Clean Energy can pull in a lot of value stacks that some customers are not able to obtain, noting a Peninsula Clean Energy led VPP could provide value as well.

Shawn Marshall suggested a fully developed business plan including a discussion on what is most important to a customer.

Director Aalfs asked what a rate add on would look like for a customer, perhaps as a bonus for meeting a certain load profile.

Public Comment: Craig Taylor, Kim Springer, as read by Nelly Wogberg, Board Clerk.

Director Coleman asked for the fiscal impact on carbon emissions. e. Segment 5: What does it mean to shift to a more customer-centric approach across our agency?
Gwen Rose, Director of Marketing and Community Relations gave a presentation covering what is means to shift to a more customer-centric approach across the agency.

Director Bigstyck asked what happens to the customer who doesn’t know to go to the Peninsula Clean Energy website. Gwen noted that marketing outreach will help with this, as well as targeted communications.

Director Fung asked customers who have questions about electric rates and call PG&E. Gwen shared that a general Brand Awareness campaign to associate that Peninsula Clean Energy provides their power would help with this.

Director Nash asked for more information about the call center. Rafael explained that the call center is through CalPine and handles a high volume of billing questions, but there is no one there to handle program questions.

Director Mates shared that moving from transactional to conversational would be a great idea, noting that a call center might be a large endeavor, and there could be smaller ways to achieve this. 157
Item No. 2
Chair DeGolia shared 3 issues: 1
st
, the all-encompassing point of contact is important and should be prioritized. 2
nd
, customers care about costs, and we should design our products to address that, and 3 rd,
include marketing that drives the customer to our website or has more outreach.

Director Coleman added that the default should be electric appliance. When Googling “water heater” the first thing that should pop up should be the Peninsula Clean Energy website.

Gwen explained that Google ads are currently being used and searches do lead to our site, but there is friction in the process.

Director Aalfs asked for the cost of a customer center and being customer centric, noting that it could be just a rounding error in terms of the procurement budget. Rafael Reyes, Director of Energy Programs, explained it would be small dollars compared to the procurement budget.

Director Daus-Magbual asked why not be human centric instead of customer centric and suggested the use of artificial intelligence or Chat GBT.

Rafael explained that everything that Gwen and staff have discussed presumes an upping human contact, including the website and call center, adding that artificial intelligence is in the works, but will be a lot of work, and needs to follow a foundation in knowledge and trust from customers.

Public Comment: None
Gwen shared key insights from the brand audit.

Shawn Marshall, Chief Executive Officer, shared the next steps and explained that time will be carved out at future Board meetings to continue strategic conversations that we didn’t get to tonight.

ADJOURNMENT
Meeting was adjourned at 9:20 p.m.
158
Regular Meeting of the Board of Directors of the
Peninsula Clean Energy Authority (PCEA)
Minutes
Thursday, June 27, 2024
6:30 p.m.

Zoom Video Conference and Teleconference

CALL TO ORDER
Meeting was called to order at 6:32 p.m. in virtual teleconference, in the Peninsula Clean Energy Authority lobby and in the Los Banos City Hall conference room B.

ROLL CALL
Participating:

Rick DeGolia, Atherton
Tom McCune, Belmont
Coleen Mackin, Brisbane
Donna Colson, Burlingame, Chair, Arrived at 7:11pm
Ken Gonzalez, Colma
Carlos Romero, East Palo Alto
Sam Hindi, Foster City
Harvey Rarback, Half Moon Bay
Leslie Ragsdale, Hillsborough
Josh Pinhiero, Los Banos Arrived at 6:36pm
Betsy Nash, Menlo Park
Anders Fung, Millbrae Arrived at 6:43pm
Tygarjas Bigstyck, Pacifica
Jeff Aalfs, Portola Valley
Kaia Eakin, Redwood City
Marty Medina, San Bruno, Vice Chair
John Dugan, San Carlos
Adam Loraine, San Mateo

Absent:

Dave Pine, San Mateo County
Ray Mueller, San Mateo County
Roderick Daus-Magbual, Daly City
James Coleman, South San Francisco
Ned Fluet, Woodside
A quorum was established.

PUBLIC COMMENT
None
159

ACTION TO SET THE AGENDA AND APPROVE REMAINING CONSENT AGENDA ITEMS Public Comment: None
MOTION: Director Rarback moved, seconded by Director Romero to set the Agenda, and approve Agenda Item Numbers 1-6.

1. Approval of a Contract Amendment with ID Lab Global for PCE Brand and Marketing Services in an Amount Not-to-Exceed $660,000.

2. Approval of Amendments to Peninsula Clean Energy Operating Rules and Regulations:

Policy 14, "Delegation of Non-Energy Contracts Commitment and Financial Authority Policy", Policy 15, "Energy Supply Procurement Authority", and Policy 16, "Selection of the Chair and Vice Chair and Appointment to the Executive Committee and Other Standing Board Committees" (Action)

3. Approval of a Resolution Supporting Analysis of Greenhouse Gas Reductions from Local Building Electrification Options.

4. Approval of Residential Low-Income Self-Generation Incentive Program (SGIP) Assistance Program

5. Approval of Minutes from the March 28, 2024 and May 23, 2024 Board of Directors Meetings

6. Appoint the Board Clerk as Secretary of the Board of Peninsula Clean Energy Authority (Action)
MOTION PASSED: 15-0 (Absent: San Mateo County, San Mateo County, Burlingame, Daly City, Los Banos, Millbrae, South San Francisco, and Woodside)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Pinheiro X
Menlo Park Director Nash X
Millbrae Director Fung X
160
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Eakin X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 15 8

REGULAR AGENDA

7. Chair Report
Marty Medina stated that Donna would be providing a Chair Report upon her arrival.

Donna Colson provided a chair report to the Board of Directors.

8. CEO Report
Shawn Marshall, Chief Executive Officer, provided an update to the Board, and Marc Hershman, Director of Legislative Affairs, provided the Board with a legislative update.

9. Community Advisory Committee Report
Cheryl Schaff, Community Advisory Committee (CAC) Chair, provided a recap of the June 13, 2024 CAC meeting.

10. Approval of Fiscal Year 2024-2025 Budget (Action)
Nick Bijur, Chief Financial Officer provided the Board with a 2024-2025 Fiscal Year Budget presentation.

Public Comment: None
MOTION: Director DeGolia moved, seconded by Director Dugan Approve the 2024-2025 Fiscal Year Budget.

MOTION PASSED: 18-0 (Absent: San Mateo County, San Mateo County, Daly City, South San Francisco, and Woodside)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
161
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Pinheiro X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Eakin X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 18 0 5

11. Approval of Updates to Peninsula Clean Energy's Rate Tables and Rates to be effective August 1, 2024 (Action)
Leslie Brown, Director of Account services provided an update on Energy Rate Tables, and Rates that will be Effective on August 1st, 2024.

Public Comment: None
MOTION: Director Loraine moved, seconded by Director Romero to Approve Updates to Peninsula Clean Energy’s Rate Tables and Rates that will be effective August 1st, 2024.

MOTION PASSED: 18-0 (Absent: San Mateo County, San Mateo County, Daly City, South San Francisco, and Woodside)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
162
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Pinheiro X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Eakin X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 18 5

12.Authorization to Adjust Pricing Premium for ECO100 Product Effective January 1, 2025.

Leslie Brown, Director of Account Services provided a presentation on an Authorization to Adjust the Pricing Premium for ECO100.

Public Comment: None
MOTION: Director Fung moved, seconded by Director Bigstyck to Approve Authorization of Peninsula Clean Energy’s staff's proposal to move forward with Adjusting the Pricing Premium for ECO100.

MOTION PASSED: 23-0 (Absent: San Mateo County, San Mateo County, Daly City, South San Francisco, and Woodside)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Pinheiro X
Menlo Park Director Nash X
163
Millbrae Director Fung X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Eakin X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 18 5

13.Approval of a Resolution Delegating Authority to the Chief Executive Officer to Execute Two Energy Storage and Services Agreements (ESSA) with San Gabriel Project II, LLC for the Gabriel Storage I & II Projects, and Any Necessary Ancillary Documents, with a Delivery Term of 15 Years Starting at the Commercial Operation Date on or about June 1, 2027, in a Total Amount Not-to-Exceed $208 Million. (Action)
Roy Xu, Director of Power Resources, and Sara Maata, Senior Director of Power Resources provided an Energy Storage and Services Agreements presentation to the Board of Directors Public Comment: None
MOTION: Director Rarback moved, seconded by Director Hindi to Approve Peninsula Clean Energy’s staff's resolution delegating Authority to the Chief Executive Officer to Execute two Energy Storage and Service Agreements.

MOTION PASSED: 17-0 (Absent: San Mateo County, San Mateo County, Daly City, South San Francisco, and Woodside. Los Banos was in the restroom at the time of this roll-call vote.)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Pinheiro X
Menlo Park Director Nash X
Millbrae Director Fung X
164
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Eakin X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 17 6

14.Approval of Administrative Updates to the Peninsula Clean Energy Authority Joint Powers Authority (JPA) Agreement (Action)
Shawn Marshall, Chief Executive Officer gave a presentation on the Joint Powers Authority and updates that are being proposed.

Public Comment: None
MOTION: Director Loraine moved, seconded by Director Fung to Approve the Administrative Updates that were proposed for the Joint Powers Authority.

MOTION PASSED: 18-0 (Absent: San Mateo County, San Mateo County, Daly City, South San Francisco, and Woodside)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Pinheiro X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Eakin X
San Bruno Director Medina X
San Carlos Director Dugan X
165
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 18 5

15.Board Members’ Reports
None

CLOSED SESSION

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Chief Executive Officer

2. CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Chair Donna Colson and General Counsel/Assistant General Counsel; Unrepresented Employee:

Chief Executive Officer

3. Reconvene Open Session (If Necessary) To Report Any Action(s) Taken During Closed Session
The Board went into Closed Session at 8:50 p.m.

David Silberman, General Counsel, announced no reportable action.

ADJOURNMENT
Meeting was adjourned at 9:31 p.m.
166
Regular Meeting of the Board of Directors of the
Peninsula Clean Energy Authority (PCEA)
Minutes
Thursday, April 25, 2024
6:30 p.m.

Zoom Video Conference and Teleconference

CALL TO ORDER
Meeting was called to order at 6:33 p.m. in virtual teleconference, in the Peninsula Clean Energy Authority lobby, in the Los Banos City Hall conference room A, and at 3237 Josephine Street, Denver, CO 80205.

ROLL CALL
Participating:

Ray Mueller, San Mateo County
Rick DeGolia, Atherton, participating remotely
Tom McCune, Belmont
Coleen Mackin, Brisbane
Donna Colson, Burlingame, Chair
Sam Hindi, Foster City
Harvey Rarback, Half Moon Bay
Leslie Ragsdale, Hillsborough
Paul Llanez, Los Banos
Betsy Nash, Menlo Park
Ann Schneider, Millbrae, participating remotely via AB 2449 Tygarjas Bigstyck, Pacifica
Jeff Aalfs, Portola Valley
Elmer Martinez Saballos, Redwood City, arrived at 6:45 p.m.

Marty Medina, San Bruno, Vice Chair
Amourence Lee, San Mateo
James Coleman, South San Francisco, arrived at 6:37 p.m.

Ned Fluet, Woodside

Absent:

Dave Pine, San Mateo County
Ken Gonzalez, Colma
Roderick Daus-Magbual, Daly City
Carlos Romero, East Palo Alto
John Dugan, San Carlos
A quorum was established.

PUBLIC COMMENT
None
167

CLOSED SESSION

1. Conference with Legal Counsel – Anticipated Litigation: Discussion of anticipated litigation pursuant to subdivision (d)(2) and (e)(5) of Section 54956.9; One case.

The Board went into Closed Session at 6:36 p.m.

The Board returned from closed session at 7:12 p.m.

Jennifer Stalzer, Assistant General Counsel, announced no reportable action.

ACTION TO SET THE AGENDA AND APPROVE REMAINING CONSENT AGENDA ITEMS MOTION: Director Bigstyck moved, seconded by Director Loraine to set the Agenda, and approve Agenda Item Numbers 2-7.

2. Approval of Load Management Standard (LMS) Plan for submission to California Energy Commission (CEC).

3. Approval of A Three-Year Contract with Robert Half & Associates for Temporary Staffing and Recruitment Support.

4. Approval of Contract Amendment with David Fribush to increase the contract amount by $260,000 and to extend the term of the Agreement to December 31, 2026.

5. Approval of Renewal of Insurance Coverage for the Period from May 1, 2024, through May 1, 2025, at a cost of $197,787.

6. Approval of One EV Ready Program Fund Reservation Agreement, Providing Approximately $185,000 in Customer Incentives.

7. Approval of Minutes from the October 26, 2023 and February 22, 2024 Board of Directors Meetings.

MOTION PASSED: 18-0 (Absent: San Mateo County, Colma, Daly City, East Palo Alto, San Carlos)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Llanez X
168
Menlo Park Director Nash X
Millbrae Director Schneider X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 18 5

REGULAR AGENDA

8. Chair Report

9. CEO Report

10. Community Advisory Committee Report v
Cheryl Schaff, Community Advisory Committee (CAC) Chair, gave a presentation on the April 11, 2024 CAC meeting.

11. Approval of Appointments to the Executive Committee and the Audit and Finance Committee (Action).

Chair Colson introduced this item.

Public Comment: None
MOTION: Director Aalfs moved, seconded by Director Hindi to approve the following appointments:

To the Executive Committee:

1. Dave Pine, San Mateo County

2. Ray Mueller, San Mateo County

3. Rick DeGolia, Atherton

4. Coleen Mackin, Brisbane

5. Donna Colson, Burlingame, Chair

6. Betsy Nash, Menlo Park

7. Anders Fung, Millbrae

8. Jeff Aalfs, Portola Valley

9. Marty Medina, San Bruno, Vice Chair
To the Audit and Finance Committee:

1. Tom McCune, Belmont

2. Donna Colson, Burlingame

3. Carlos Romero, East Palo Alto

4. Leslie Ragsdale, Hillsborough

5. Paul Llanez, Los Banos
169
MOTION PASSED: 17-0-1 (Absent: San Mateo County, Colma, Daly City, East Palo Alto, San Carlos)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Llanez X
Menlo Park Director Nash X
Millbrae Director Schneider X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 17 1 5

12. Approval of Updated Peninsula Clean Energy Strategic Plan Organizational Priority Number 1 to:

Deliver 100% Renewable Energy on An Annual Basis by 2030 Through Strategic and Cost-Effective Procurement of Resources that Maximize Peninsula Clean Energy 24/7 Hourly Matching of Renewable Energy and Load (Action).

Roy Xu, Director of Power Resources, and Mehdi Shahriari, Planning and Analytics Manager, gave a presentation on the update to Organizational Priority Number 1.

Public Comment: None
MOTION: Director Loraine moved, seconded by Director Aalfs to Approve the Updated Peninsula Clean Energy’s Strategic Plan Organizational Priority #1 to: “Deliver 100% Renewable Energy on An Annual Basis by 2030 Through Strategic and Cost-Effective Procurement of Resources that Maximize Peninsula Clean Energy’s 24/7 Hourly Matching of Renewable Energy and Load.” MOTION PASSED: 18-0 (Absent: San Mateo County, Colma, Daly City, East Palo Alto, San Carlos)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
170
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Llanez X
Menlo Park Director Nash X
Millbrae Director Schneider X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 18 5

13. Approval of Continued Evaluation and Preparation for a Possible Prepay Bond Transaction, Including Approval to Join the California Community Choice Finance Authority and the Engagement of a Financial Advisor and Prepay Counsel (Action).

Nick Bijur, Chief Financial Officer, gave a presentation on the pre-pay bond transaction.

Public Comment: None
MOTION: Director Mueller moved, seconded by Director Medina to Approve continued evaluation and preparation for a possible Prepay bond transaction potentially in late 2024, including approval to join the California Community Choice Finance Authority (CCCFA) as an associate member at the appropriate time as conduit for the bond issuance, and the nearer term engagement of PFM Financial Advisors (PFM) as Municipal Financial Advisor and Chapman and Cutler as Prepay Counsel.

MOTION PASSED: 18-0 (Absent: San Mateo County, Colma, Daly City, East Palo Alto, San Carlos)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
171
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
Hillsborough Director Ragsdale X
Los Banos Director Llanez X
Menlo Park Director Nash X
Millbrae Director Schneider X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 18 5

14. Approval of New Zero-Carbon Intensity Low Carbon Fuel Standard (LCFS) Eligible Green Tariff for Public Transit Electrification (Action).

Justin Pine, Strategic Accounts Manager, gave a presentation on the zero-carbon intensity Low Carbon Fuel Standard eligible green tariff for public transit electrification.

Public Comment: None
MOTION: Director Medina moved, seconded by Director Coleman to Approval of a Zero-Carbon Intensity Low Carbon Fuel Standard Green Tariff to support public transit agency electrification in Peninsula Clean Energy's service territory.

MOTION PASSED: 18-0 (Absent: San Mateo County, Colma, Daly City, East Palo Alto, San Carlos)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Pine X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Hindi X
Half Moon Bay Director Rarback X
172
Hillsborough Director Ragsdale X
Los Banos Director Llanez X
Menlo Park Director Nash X
Millbrae Director Schneider X
Pacifica Director Bigstyck X
Portola Valley Director Aalfs X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Fluet X
Total 18 5

15. Board Members’ Reports
None

ADJOURNMENT
Meeting was adjourned at 8:53 p.m.
173
DATE: June 21, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Executive Committee FROM: Shawn Marshall, Chief Executive Officer
SUBJECT: CEO Report (Discussion)
Item No. 9

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

BACKGROUND
This report is provided monthly to the Board of Directors and is informational only.

DISCUSSION
During the Board meeting, CEO Shawn Marshall will provide an update on a variety of PCE topics including but not limited to: a brief legislative update as we approach the end of the legislative session; upcoming nuclear allocation discussion; pre-pay bond activities; Federal funding update; and, other topics/announcements to keep the Board well informed and up to date.

CPUC/CEC Activities and Meetings
PCE is organizing a tour for senior CPUC staff to demonstrate our thought-leadership in the areas of EV infrastructure and expansion, building electrification, and 24/7 renewable energy procurement. The tour will visit a multi-family building with multiple EV chargers from PCE's EVReady program, a low-income home that is fully electrified from PCE's Home Upgrade program, and a discussion on our 24/7 procurement strategy at PCE's office. This tour will take place in late September (date to be confirmed) with approximately seven senior CPUC staff leaders and several PCE team members. The goal of the tour is to educate the CPUC staff on PCE's policy leadership in rightsizing and procurement, demonstrate our program implementation, and develop better relationships.

In addition, PCE has been conducting informational briefings with all CPUC and CEC Commissioners to update them on PCE's priorities and progress over the past year. This is all part of PCE's goal of developing consistent, valuable and visible leadership in CA state and federal policymaking.

CEO Member Agency Briefings
San Carlos – August 12
South San Francisco – August 14
San Mateo – August 19
174
Half Moon Bay - August 20
San Mateo County Board of Supervisors - August 27
Millbrae - September 10
Woodside - September 24
Portola Valley - September 25
Menlo Park – October 22
Conferences and Speaking Engagements
July 20 – Donna Colson, Anders Fung and Kirsten Andrews-Schwind , Stanford University Global Green Development Summit Panel
August 3 – Kirsten Andrews-Schwind, Silicon Valley Youth Climate Action Summit August 13 – Justin Pine and Kirsten Andrews-Schwind , SAMCEDA Public Policy Committee Presentation
August 22 – Philip Kobernick, SVCE Member Agency Working Group and Young Professionals in Infrastructure
August 29 – Carlos Moreno, Silicon Valley Bike Coalition September 15 – Jana Kopyciok-Lande, Environmental Law Conference of Yosemite September 25 – Philip Kobernick, Forth Mobility Roadmap National Conference PCE In the Community
July 17 - Clean Energy Teacher Fellowship, San Mateo County July 22 - Los Banos City Hall Tabling
July 25 - Pacifica Electrification Workshop
August 3 - Climate Resilient Communities Youth Climate Career Fair; East Palo Alto August 5 - Los Banos City Hall Tabling
August 6 - National Night Out, Los Banos
August 6 - Redwood City Electrification Workshop in English August 7- Redwood City Electrification Workshop in Spanish August 24 - San Bruno Recreation & Aquatic Center Grand Opening Celebration September 10 - Half Moon Bay Electrification Workshop
September 20 - Los Banos City Hall Tabling
September 21 - Downtown Fall Street Faire, Los Banos
September 25 - Healthy Air, Healthy Home Electrification Workshop; Menlo Park September 27 - Los Banos Parks & Recreation Salute to Seniors September 28 - Roots & Watts - 350 Silicon Valley; Half Moon Bay September 28- Climate Resilient Communities Resilience Fair in English; East Palo Alto September 28- Climate Resilient Communities Resilience Fair in Spanish;East Palo Alto September 29 - Clean Air Day event at the Foster City Library PCE Staffing Update
Please Welcome to Our Team…
Andy Wang, Data Engineer (July 1)
Gabriela Ibarra, Energy Programs Analyst/Electrification Concierge (July 16) Stephanie Elmore, Call Center Manager (July 16)
Isabel Castillo, Senior Programs Specialist (Aug 1)
Siyuan Guo, Data Engineer, Power Resources (Aug 16)
175
…And Celebrating a Promotion!
Congratulations to Phillip Kobernick who was promoted to Associate Director of Energy Programs. In this role, Phillip will oversee our transportation and buildings electrification initiatives, lead on marketing engagement, associated pilots, policy and ongoing thought-leadership in both areas.

PCE is hiring! Please Help Us Spread the Word
Director of People and Culture (application period closed) Customer Success Advisor (Bi-Lingual/Spanish Required)
Customer Success Advisor (English/Spanish/Mandarin Preferred) Check out https://www.peninsulacleanenergy.com/join-our-team/ for more information. 176
DATE: August 9, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Kirsten Andrews-Schwind, Associate Director of Community Relations and Climate Equity, and Vanessa Shin, Associate Manager of Community Relations SUBJECT: Approval of a Resolution to Delegate Authority to the Chief Executive Officer to Finalize and Execute a Contract with the San Mateo County Office of Education for an Amount Not-to-Exceed $210,000 in Fiscal Year 2024-2025 (Action) Item No. 11

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approval of a Resolution to Delegate Authority to the Chief Executive Officer to Finalize and Execute a Contract with the San Mateo County Office of Education for an Amount Not-to-Exceed $210,000 in Fiscal Year 2024-2025

BACKGROUND
Peninsula Clean Energy understands that the mission of reducing greenhouse gas emissions depends on educating the next generation of energy and environmental leaders. A key tactic in the Marketing section of Peninsula Clean Energy’s strategic plan is to “continue to support schools-based literacy programs focused on energy.”
Schools play a crucial role in Peninsula Clean Energy's mission to reduce greenhouse gas emissions in our communities. In partnership with the San Mateo County Office of Education (SMCOE), Peninsula Clean Energy proposes to support schools with decarbonizing their facilities, promoting energy literacy, and raising awareness of career opportunities related to clean energy.

Peninsula Clean Energy's goals for education programs include:

1. Increase understanding of Peninsula Clean Energy

2. Increase understanding of electricity content, greenhouse gas emissions reduction, and decarbonization

3. Encourage community participation in Peninsula Clean Energy's energy programs

4. Support schools in decarbonizing their buildings

5. Support the workforce development needed to achieve Peninsula Clean Energy's goals

DISCUSSION
Peninsula Clean Energy proposes to continue our ongoing collaboration with the San Mateo 177
County Office of Education (SMCOE) on the programs described below to achieve our educational goals. To help evaluate the effectiveness of each program in delivering content, SMCOE will incorporate knowledge-based questions in pre- and post-event surveys to participants. SMCOE will use its Equity Index to identify and prioritize districts with students from underserved communities for outreach and participation in its programs.

Accelerating School Decarbonization (Continuation from 2024-25 School Year) Despite funding and resources from Peninsula Clean Energy, PG&E, and other entities, school districts have difficulty accessing available support to electrify their facilities and operations. Peninsula Clean Energy will partner with SMCOE to build staff capacity and expertise on the county level to help districts understand funding opportunities as well as requirements related to decarbonization.

Additionally, SMCOE will continue to collect baseline data on facilities, including cataloguing existing methane gas appliances and age of equipment. With this data, SMCOE will provide tailored recommendations for each school district. To help school districts proactively plan to replace gas-powered equipment with electric appliances and fleets, SMCOE will advise on the Facilities Master Plan process as well as local bond measures.

Enhancing Energy Literacy in the Classroom (Continuation from 2024-25 School Year) Through a 2-hour workshop, SMCOE will train educators to deliver hands-on curriculum related to Peninsula Clean Energy’s mission. Developed in partnership with Peninsula Clean Energy, the curriculum will discuss the benefits of clean energy and how it is a solution to climate change. Students will evaluate different sources of electricity, including fossil fuels and renewable sources, and experiment with producing electricity through a model solar panel and/or wind turbine. SMCOE will provide classroom materials and ongoing support to teachers with implementation of the curriculum.

Furthermore, SMCOE will foster school champions and inspire leadership around decarbonization. SMCOE will convene youth, educators, and administrators at county-wide summits to raise awareness of Peninsula Clean Energy and school decarbonization opportunities. Through an awards program, SMCOE will inspire leadership by recognizing exemplary projects related to school decarbonization or clean energy curriculum.

Career Technical Education Collaboration (New Program)
To decarbonize the building and transportation sectors, there is a growing need for a skilled electricians, contractors, and tradespeople. Career Technical Education (CTE), in which students gain exposure to industry-specific skills and knowledge, presents an opportunity to raise awareness of these careers. However, CTE programs in San Mateo County need support with preparing students for careers in a decarbonizing world, especially in sectors that are changing rapidly due to the transition off of fossil fuels.

SMCOE will explore how to align CTE curriculum with workforce needs for installation and maintenance of electric vehicles (EVs) and charging infrastructure as well as the need for electricians. SMCOE will engage with CTE educators and industry partners, including representatives from Jefferson Union High School District (JUHSD), Skyline College, International Brotherhood of Electrical Workers Local 617, and Peninsula Clean Energy. The goals for this collaboration include:

Explore how to raise awareness of high wage, high growth occupations in EVs, charging 178
infrastructure, and electricians among CTE instructors and students.

Understand the career pathways for EVs, charging infrastructure, and electricians, including Labor Market Information, post-secondary certification programs, and anchor technical skills and concepts.

Align current CTE pathways with the identified anchor technical skills, concepts, and post-secondary certification programs for EVs, charging infrastructure, and electricians.

Support a pipeline for new and innovative apprenticeship opportunities.

On August 8, 2024, the Community Advisory Committee made the following recommendation to the Board of Directors:

The Community Advisory Committee of PCE endorses the staff’s proposed continued funding and allocations for the Energy Literacy and School Decarbonization Programs and encourages the Board to increase the funding in the next budget cycle and publicize and celebrate the achievements of the Programs as soon and as vigorously as possible.

Table 2. 2024-25 San Mateo County Office of Education Proposed Educational Programs and Funding
Program Amount Description
SMCOE will provide leadership and increased staff support to school districts as they build and update their facilities:

1. Assist local education agencies (LEAs) with electrification measures by 1) educating them about the benefits and policy mandates regarding electrification; and 2) referring them to Peninsula Clean Energy energy programs and other
resources.

2. Collect baseline data on electrification of LEAs in San Mateo County through a sustainability data collection project.

3. Establish annual reporting and show improvement on building electrification and fleet metrics for all school districts in the County.

4. Provide leadership and assistance to LEAs in developing and updating local Facilities Master Plans in accordance with decarbonization goals and standards.

5. Support LEAs with preparing bond measures that include funding for electrification measures.

6. Prepare sustainability plans, reports, and guidance
documents as needed for construction project management. 2023-24 Results
SMCOE advised 21 out of 23 school districts with electrification of their buildings and fleets in 2023-24. First, SMCOE staff initiated meetings with school district leaders, including superintendents, chief business officers, and facilities managers, to understand their needs and share information about available resources. Each quarter, SMCOE provided a written summary of these
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School
Decarbonization
Up to
$124,000
conversations, including new developments and progress on decarbonization projects. To continue to educate school district leaders on available opportunities, SMCOE coordinated webinars with chief business officers and other key decision-makers in collaboration with Peninsula Clean Energy.

To identify key opportunities to advise school districts on decarbonization, SMCOE has tracked all 23 districts' Facilities Master Plan and the timeline for updates. SMCOE has also identified school districts that are either providing facility upgrades under a current bond program or are actively pursuing a future bond.

Additionally, SMCOE collected baseline data related to energy for 10 out of 23 school districts. The report included a catalogue of existing gas-powered equipment and expected date of retirement.

SMCOE has leveraged this data to create tailored
recommendations for decarbonization and present these findings to school districts.
2024-25 Goals
SMCOE will continue to advise school districts on decarbonization projects and communicate their progress and feedback to Peninsula Clean Energy. School district personnel, especially chief business officials, superintendents, and facilities managers, will receive ongoing education about Peninsula Clean Energy
programs and other resources through monthly webinars. At least 8 additional school districts will complete collection of baseline data and receive recommendations on electric upgrades.
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Capacity
Building
Environmental
Literacy
Sampler
Workshops
Up to
$16,500
Through 2-hour, in-person workshops, SMCOE will train up to 40 teachers on delivering a lesson plan on clean energy. Peninsula Clean Energy will provide subject matter expertise and collaborate on curriculum content. Participating teachers will receive classroom materials to teach a hands-on experiment relating to clean energy. 2023-24 Results
SMCOE provided training and classroom materials to 34 middle and high school teachers through the "Harnessing the Power of Wind in the Classroom" workshop in the spring of 2024. In that school year, 9 teachers integrated the renewable energy curriculum into their lesson plans, reaching an estimated 360 students. The other 25 teachers pledged to use the materials in the next school year, as they had already taught their energy units that year.

SMCOE will follow up with the participants from the previous year's workshops and provide ongoing support with implementing the curriculum. If SMCOE identifies any teachers who do not plan to use the classroom materials, they will be reallocated to other teachers who have received training on the curriculum.

Peninsula Clean Energy will continue to partner with SMCOE to deliver training on clean energy curriculum to up to 40 new teachers. Our goal is to reach at least 1800 students among the teachers trained in the previous and current year. To help evaluate the effectiveness of the workshops, SMCOE will incorporate knowledge-based questions related to clean energy in pre- and post-event surveys to participants.
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Sustainable and
Climate Ready
Schools
(SCRS)
Challenge
Awards
Up to
$2,500
SMCOE will award five schools for exemplary projects related to school decarbonization or clean energy curriculum. In addition to recognizing leadership by schools, each $500 award will raise awareness of Peninsula Clean Energy's mission and inspire other schools to pursue related projects.
2023-24 Results
The Awards recognized school districts that have taken action to electrify their facilities or fleets. Peninsula Clean Energy presented the awards as part of the Climate-Ready Schools Symposium. In a survey, nearly 80% of participants (22 of 28) said that the Awards Ceremony was "Very Inspiring" with the remaining respondents characterizing it as "Somewhat Inspiring."
2024-25 Goals
The Awards will maintain a strong emphasis on clean energy and decarbonization. It will provide an opportunity to recognize school district leadership facilitated through the School Decarbonization Program, described above.

Climate-Ready
Schools
Symposium
Up to
$5,500
SMCOE will convene school administrators, teachers, and other stakeholders at a one-day summit that will promote environmental literacy and decarbonization of facilities. Peninsula Clean Energy will be invited to participate in a facilities-focused panel at the Symposium as well as provide information about energy programs to attendees.
2023-24 Results
The inaugural Climate-Ready Schools Symposium was held on April 30, 2024. 22 out of 23 school districts were represented at the Symposium with around 80 attendees. Blake Herrschaft, Building Electrification Programs Manager at Peninsula Clean Energy, spoke during the "Facilities and Operations: Regional Resources and Funding Strategies" panel. Peninsula Clean Energy also hosted a table to connect with participants.
2024-25 Goals
Peninsula Clean Energy will partner with SMCOE to provide speakers and content. Our goal is to maintain high participation from school districts.
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Environmental
Youth
Leadership
Summit
Up to
$2,800
SMCOE will coordinate a half-day summit for youth leaders in San Mateo County to learn about the role of clean energy and electrification in local climate action. Peninsula Clean Energy will be invited to participate in an energy-focused panel or workshop at the Summit.
2023-24 Results
The Environmental Youth Leadership Summit was held on
Saturday, October 14, 2023. The Summit brought together 85 sixth-to twelfth-grade students from across San Mateo County. Peninsula Clean Energy staff facilitated a workshop, including an induction cooktop demonstration, and tabled at the event.
2024-25 Goals
Peninsula Clean Energy will partner with SMCOE to provide speakers and content. SMCOE will incorporate knowledge-based questions related to clean energy in pre- and post-event surveys to help evaluate what students learned. SMCOE will continue to leverage its Equity Index to strengthen outreach to students from equity priority districts.

Career
Technical
Education
(CTE)
Collaboration
Up to
$26,400
SMCOE will engage with CTE educators and industry partners, including Jefferson Union High School District (JUHSD), Skyline College, International Brotherhood of Electrical Workers Local 617, and Peninsula Clean Energy to achieve the following goals:

1. Review Labor Market Information for high wage, high growth occupations related to electric vehicles, charging
infrastructure, and electricians.

2. Conduct a landscape analysis of regional post-secondary certification programs related to electric vehicles, charging infrastructure, and electricians.

3. Identify anchor technical skills and concepts to enter into post-secondary certification programs related to electric vehicles, charging infrastructure, and electricians.

4. Create a curriculum map of current CTE pathways with opportunities to integrate anchor technical skills and concepts for electric vehicles, charging infrastructure, and electricians, aligned to post-secondary certification programs.

5. Identify next steps for developing a CTE career pipeline for electric vehicles, charging infrastructure, and electricians.

This recommendation includes key players for further
collaboration as well as infrastructure and funding needed.

Additional Support for Schools
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For context, Peninsula Clean Energy has supported additional environmental and energy education initiatives at the San Mateo County Office of Education and other local partners since 2018. These include:

Youth Climate Ambassadors program: Across five program cohorts, almost 300 high school students have graduated from a seven-month leadership program. Participants build leadership skills and learn how to take action on social and environmental issues contributing to the climate crisis.

Green Career Awareness: Curriculum and field trips focused on green careers in clean energy, estimated to reach 500 students in the 2025-26 school year.

Community Colleges Partnership: Engage students to develop interactive exhibits focused on clean energy, electrification, and related careers to educate their peers at the College of San Mateo, Cañada College, and Skyline College.

Peninsula Clean Energy staff have also partnered directly with several Los Banos science teachers to present at career days and AP Environmental Studies classes in Los Banos schools. We have sponsored science education activities, including a science fair at Pacheco High School that reaches 1200 elementary students annually. Staff have also met with Los Banos Unified School District principals and teachers to explore further opportunities to support environmental and green energy career education. As these conversations progress, we look forward to providing funding for Los Banos schools at a proportional level.

FISCAL IMPACT
The contract will not exceed $210,000 in the fiscal year 2024-25.

STRATEGIC PLAN
This partnership with the San Mateo County Office of Education will support the following goal in the Peninsula Clean Energy Strategic Plan:

Key Tactic 2. Continue to support schools-based literacy programs focused on energy.

Task 1: Work with San Mateo County Office of Education, San Mateo County Community College District and Los Banos schools to identify and support opportunities to educate students, teachers and administrators about energy-related environmental impact in order to inspire action
Task 2: Sponsor awards that recognize student and schools-based achievements in energy and the environment
ATTACHMENTS:
2024-25 San Mateo County Office of Education Contract.docx 184
RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

APPROVAL OF A RESOLUTION TO DELEGATE AUTHORITY TO THE CHIEF EXECUTIVE

OFFICER TO FINALIZE AND EXECUTE A CONTRACT WITH THE SAN MATEO COUNTY OFFICE OF EDUCATION FOR AN AMOUNT NOT-TO-EXCEED $210,000 IN FISCAL YEAR 2024-2025 (ACTION)
RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, State of California, that
WHEREAS, Peninsula Clean Energy was formed on February 20, 2016; and WHEREAS, Peninsula Clean Energy understands that the mission of reducing greenhouse gas emissions depends on educating the next generation of energy and environmental leaders; and
WHEREAS, Peninsula Clean Energy has committed funding for various schools-based literacy programs focused on energy, climate, and green careers in partnership with the San Mateo County Office of Education since 2018; and
WHEREAS, Peninsula Clean Energy desires to continue and expand support for education on clean energy and related careers as well as decarbonization of school facilities; and NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board delegates authority to the Chief Executive Office to finalize and execute an agreement with the San Mateo County Office of Education in an amount not to exceed $210,000 in FY 2024-25 in a form approved by the General Counsel.
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AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

THE SAN MATEO COUNTY OFFICE OF EDUCATION
This Agreement is entered into this 1st day of September, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and the San Mateo County Office of Education, hereinafter called “Contractor.”
* * *
Whereas, pursuant to Section 6508 of the Joint Exercise of Powers Act, PCEA may contract with independent contractors for the furnishing of services to or for PCEA; and Whereas, it is necessary and desirable that Contractor be retained for the purpose of advancing energy literacy, facilities decarbonization, and Career Technical Education alignment with electric vehicle workforce needs in San Mateo County schools.

Now, therefore, it is agreed by the parties to this Agreement as follows:

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Services
Exhibit B—Payments and Rates

2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for PCEA in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. PCEA reserves the right to withhold payment if PCEA determines that the quantity or quality of the work performed is unacceptable. In no event shall PCEA’s total fiscal obligation under this Agreement exceed two hundred and ten thousand ($210,000). In the event that the PCEA makes any advance payments, Contractor agrees to refund 186
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any amounts in excess of the amount owed by the PCEA at the time of contract termination or expiration.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from September 1, 2024 – June 30, 2025.

5. Termination; Availability of Funds
This Agreement may be terminated by Contractor or by the Chief Executive Officer of the PCEA or his/her designee at any time without a requirement of good cause upon thirty (30) days’ advance written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement that are consistent with those services described in Exhibit A and performed to the satisfaction of PCEA. Such payment shall be that prorated portion of the full payment determined by comparing the work/services actually completed to the work/services required by the Agreement.

7. Hold Harmless
a. General Hold Harmless
Contractor shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Contractor under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
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(A) injuries to or death of any person, including Contractor or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging;
(C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Contractor’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

10. W-9 Form and Submission of Invoices
Invoices shall only be submitted by electronic form by sending an email to both the PCEA project contact’s email address and to PCEA’s Finance email address ([email protected], [email protected], 188
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[email protected]). Contractor shall submit a completed W-9 form electronically to the same email addresses. Contractor understands that no invoice will be paid by PCEA unless and until a W-9 Form is received by PCEA.

11. Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by PCEA, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish PCEA with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to PCEA of any pending change in the limits of liability or of any cancellation or modification of the policy.
b. Workers’ Compensation and Employer’s Liability Insurance Contractor shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor’s operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.

Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below:
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Yes
Comprehensive General Liability
(Applies to all agreements)
$1,000,000
No
Motor Vehicle Liability Insurance
(Yes, if motor vehicle is used in performing services)
$1,000,000
No
Professional Liability Insurance
(Yes, if Contractor is a licensed professional)
$1,000,000
PCEA and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to PCEA and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the PCEA or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

12. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or 190
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regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

13. Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.
b. Equal Employment Opportunity
Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to PCEA upon request. c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.
d. Employee Benefits
With respect to the provision of benefits to its employees, Contractor shall ensure that employee benefits provided to employees with domestic partners are the same as those provided to employees with spouses.
e. Discrimination Against Individuals with Disabilities 191
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The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60–741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor must check one of the two following options, and by executing this Agreement, Contractor certifies that the option selected is accurate:

X No finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or any other investigative entity.
_ Finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or other investigative entity. If this box is checked, Contractor shall provide PCEA with a written explanation of the outcome(s) or remedy for the discrimination.
g. Reporting; Violation of Non-discrimination Provisions Contractor shall report to the Chief Executive Officer of PCEA the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Agreement or Section 12, above. Such duty shall include reporting of the filing of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded.

Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based discrimination).

Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the Chief Executive Officer, including but not limited to the following:
i. termination of this Agreement;
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ii. disqualification of the Contractor from being considered for or being awarded a PCEA contract for a period of up to 3 years;
iii. liquidated damages of $2,500 per violation; and/or iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by the Chief Executive Officer.

14. Confidential Information
(a) Contractor shall maintain in confidence and not disclose to any third party or use in any manner not required or authorized under this Agreement any and all Confidential Information held by PCEA.
(b) The term “Confidential Information” includes all information, documents, and materials owned by PCEA, including technical, financial, business, or PCEA customer information, which is not available to the general public, as well as information derived from such information. Information received by Contractor shall not be considered Confidential Information if: (i) it is or becomes available to the public through no wrongful act of Contractor; (ii) it is already in the possession of Contractor and not subject to any confidentiality agreement between the Parties; (iii) it is received from a third party without restriction for the benefit of PCEA and without breach of this Agreement; (iv) it is independently developed by Contractor; (v) it is disclosed pursuant to a requirement of law, including, but not limited to, the California Public Records Act (Cal. Gov’t Code Section 6250, et seq.); or (vi) is disclosed to or by a duly empowered government agency, or a court of competent jurisdiction after due notice and an adequate opportunity to intervene is given to PCEA, unless such notice is prohibited. (c) As practicable, PCEA shall mark Confidential Information with the words “Confidential” or “Confidential Material” or with words of similar import, or, if that is not possible, PCEA shall notify the Contractor (for example, by cover e-mail transmitting an electronic document) that the material is Confidential Information. PCEA’s failure or delay, for whatever reason, to mark or notify Contractor at the time the material is produced shall not take the material out of the coverage of this Agreement. (d) Contractor will direct its employees, contractors, consultants, and representatives who have access to any Confidential Information to comply with the terms of this Section.
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(e) Upon termination or expiration of this Agreement, Contractor shall, at PCEA’s exclusive direction, either return or destroy all such Confidential Information and shall so certify in writing, provided, however, any Confidential Information (i) found in drafts, notes, studies, and other documents prepared by or for PCEA or its representatives, or (ii) found in electronic format as part of Contractor’s off-site or on-site data storage/archival process system, will be held by Contractor and kept subject to the terms of this provision or destroyed at Contractor’s option. The obligations of this provision will survive termination or expiration of this Agreement.

15. Data Security
If, pursuant to this Agreement, PCEA shares with Contractor personal information as defined in California Civil Code Section 1798.81.5(d) about a California resident (“Personal Information”), Contractor shall maintain reasonable and appropriate security procedures to protect that Personal Information and shall inform PCEA immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. Contractor shall not use Personal Information for direct marketing purposes without PCEA’s express written consent. For purposes of this provision, security procedures are “reasonable and appropriate” when they (i) adequately address all reasonably foreseeable threats to Personal Information, (ii) are appropriate to the quantity, sensitivity, and type of Personal Information accessed and the way that information will be accessed, and (iii) comply with all laws, regulations, and government rules or directives applicable to the Contractor in connection with its access of Personal Information.

16. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Contractor agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with 194
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this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.

17. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

18. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

19. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
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Telephone: 650-474-5002
Email: [email protected]
In the case of Contractor, to:

Name/Title: Kevin Bultema, Deputy Superintendent, Business Services Address: 101 Twin Dolphin Drive, Redwood City, CA 94065 Telephone: 650-802-5300
Email: [email protected]

20. Electronic Signature
PCEA and Contractor wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

21. No Recourse Against PCEA’s Member Agencies
Contractor acknowledges and agrees that PCEA is a Joint Powers Authority, which is a public agency separate and distinct from its member agencies. All debts, liabilities, or obligations undertaken by PCEA in connection with this Agreement are undertaken solely by PCEA and are not debts, liabilities, or obligations of its member agencies.

Contractor waives any recourse against PCEA’s member agencies. 196
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* * *
In agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

PENINSULA CLEAN ENERGY AUTHORITY
By: __________________________________
Chief Executive Officer, Peninsula Clean Energy Authority Date: _______________________________
San Mateo County Office of Education
__________________________________________
Contractor’s Signature
Date: ________________________
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Exhibit A
Peninsula Clean Energy (PCEA) understands that the mission of reducing greenhouse gas emissions depends on educating the next generation of energy and environmental leaders. PCEA’s goals for education programs include:

1. Increase understanding of PCEA

2. Increase understanding of electricity content, GHG emissions reduction, and decarbonization

3. Encourage community participation in PCEA’s energy programs

4. Support schools in decarbonizing their buildings

5. Support the workforce development needed to achieve PCEA’s goals Environmental Literacy and School Decarbonization
To advance Goals 1-3, the San Mateo County Office of Education (SMCOE) will engage key stakeholders, including students, teachers, and administrators, in the concepts of clean energy and the role of electrification in addressing climate change.

Capacity Building Environmental Literacy Sampler Workshops Through 2-hour, in-person workshops, SMCOE will train up to 40 teachers on delivering a lesson plan focused on clean energy. PCEA will provide subject matter expertise and collaborate on and review curriculum content. Participating teachers will receive classroom materials for a hands-on experiment relating to clean energy.

Climate Ready Schools Symposium
SMCOE will convene school administrators, teachers, and other stakeholders at a one-day summit that will promote environmental literacy and decarbonization of facilities.

PCEA will be invited to participate in a facilities-focused panel at the Symposium as well as provide information about energy programs to attendees.

Environmental Youth Leadership Summit
SMCOE will coordinate a half-day summit for youth leaders in San Mateo County to learn about the role of clean energy and electrification in local climate action. PCEA will be invited to participate in an energy-focused panel or workshop at the Summit. 198
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Sustainable and Climate Ready Schools Challenge (SCRS) Awards SMCOE will award five schools for exemplary projects related to school decarbonization or clean energy curriculum. In addition to recognizing leadership by schools, each $500 award will raise awareness of PCEA’s mission and inspire other schools to pursue related projects.

School Decarbonization
Achieving decarbonization in San Mateo County schools (Goal 4) will require coordination and support at the county level. San Mateo County school districts, many of which are small, will need support to navigate construction and facilities-related mandates, pursue decarbonization, and take advantage of related funding opportunities.

To fulfill this need, SMCOE will provide leadership and staff support to school districts as they build and update their facilities and move to greater decarbonization.

Goals for this project are:

2. Collect baseline data on electrification of LEAs in San Mateo County through the Green Facilities Data Collection project.

3. Establish annual reporting and show improvement on building electrification and fleet metrics for all school districts in the County.

4. Provide leadership and assistance to LEAs in developing and updating local Facilities Master Plans in accordance with decarbonization goals and standards.

5. Support LEAs with preparing bond measures that include funding for electrification measures.

6. Prepare sustainability plans, reports, and guidance documents as needed for construction project management.

SMCOE will use the Equity Index to identify and prioritize districts for outreach and education.

Career Technical Education Collaboration
To advance Goal 5, SMCOE will explore the expansion of current Career Technical Education (CTE) pathway curriculum to align with workforce needs for installation and maintenance of electric vehicles (EV) and charging infrastructure as well as the general 199
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growing need for electricians to meet increased workforce demand driven by clean energy and building electrification.

The ultimate goal is to support a pipeline for new and innovative apprenticeship opportunities in priority and emerging industry sectors that relate to electric transportation. PCEA will fund collaboration and will provide information about local clean energy and climate action to be integrated into the pathway development.

Eligible CTE sectors in San Mateo County include Transportation (Automotive); Engineering and Architecture; Information and Communication Technologies; Building and Construction Trades; and Energy, Environment, and Utilities (not currently offered).

SMCOE will convene CTE educators and industry partners, including representatives from Jefferson Union High School District (JUHSD), Skyline College, and PCEA to achieve the following goals:
 Explore how to raise awareness of high wage, high growth occupations in EVs, charging infrastructure, and electricians among CTE instructors and students.  Understand the career pathways for EVs, charging infrastructure, and electricians, including Labor Market Information, post-secondary certification programs, and anchor technical skills and concepts.
 Align current CTE pathways with the identified anchor technical skills, concepts, and post-secondary certification programs for EVs, charging infrastructure, and electricians.
 Support a pipeline for new and innovative apprenticeship opportunities.

In partnership with PCEA, SMCOE shall provide the following services:

1. Review Labor Market Information for high wage, high growth occupations related to electric vehicles, charging infrastructure, and electricians.

2. Conduct a landscape analysis of regional post-secondary certification programs related to electric vehicles, charging infrastructure, and electricians.

3. Identify anchor technical skills and concepts to enter into post-secondary certification programs related to electric vehicles, charging infrastructure, and electricians.
200
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5. Identify next steps for developing a CTE career pipeline for electric vehicles, charging infrastructure, and electricians. This recommendation includes key players for further collaboration as well as infrastructure and funding needed. 201
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Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Contractor based on the following fee schedule and terms:

Item Amount Description
School
Decarbonization
Up to
$124,000
 Staff time of Director of Sustainable
Construction and Facilities
Capacity Building
Environmental
Literacy Sampler
Workshops
Up to
$16,500
 SMCOE to purchase classroom renewable
energy experiment kits for up to 20
participants per workshop, up to 2
workshops (up to 40 participants to total)
 $500 for snacks and workshop materials
Sustainable and
Climate Ready
Schools (SCRS)
Challenge Awards
Up to
$2,500
 Up to five awards for school
decarbonization and clean energy
curriculum projects
 Each award is $500
Climate-Ready
Schools
Symposium
Up to
$5,500
 $3,000 for speaker fees
 $2,000 for food
 $500 for materials
Environmental
Youth Leadership
Summit
Up to
$2,800
 $1,000 for speaker fees
 $1,500 for food
 $300 for materials
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Career Technical
Education
Collaboration
Up to
$11,400
Collaboration and Facilitation Planning
 Develop plan for Green Careers
Collaboration, including coordinating
partners, developing timeline and
milestones, and facilitating meetings
 Up to 80 hours of staff time for SMCOE
coordinator
Up to
$5,000
EV Careers Landscape Analysis
 Research labor market information,
certification programs, and anchor technical
skills related to EV careers
 Up to 20 hours of staff time for SMCOE
coordinator and high school or college
educators
Up to
$10,000
CTE Curriculum Map and Next Steps
 Create a curriculum map that aligns CTE
pathways with anchor technical skills and
certification programs for EV careers
 Identify next steps for developing a CTE
career pipeline for electric vehicles,
charging infrastructure, and electricians.

This recommendation includes key players
for further collaboration as well as
infrastructure and funding needed
 Up to 80 hours of staff time for SMCOE
coordinator and high school or college
educators
Administrative
Overhead (13.9%)
Up to
$24,700.30
Contingency Funds Up to
$7,599.70
Any use of contingency funds for unforeseen
program costs must be pre-approved in writing
by PCEA
Total Up to
$210,000
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Payment Schedule
Payment
Date
Deliverables Maximum
Payment
October 15,
2024
School Decarbonization Program
 Provide spreadsheet(s) of baseline equipment data based on the ongoing Green Facilities Data Collection Project. Data will be collected through landscape analysis of at least 2 school districts. Metrics will include, but are not limited to the following:
o HVAC:
 Gas or electric heat
 Cooling? (Y/N)
 Number of units
 Age of equipment
o Plumbing
 Gas or electric water heating
 Number of units
 Age of equipment
o Expected year of retirement of three oldest fleet vehicles o # of EV chargers and electric buses
o # of On-Site Renewable Energy installations (total kW) o # of Sustainable and Climate Action Plans developed and implemented in district
 Prepare a report that recommends electric equipment upgrades or replacements in participating school districts for the following use types: air conditioning, space heating, water heating, cooking, and clothes drying. Present findings and recommendations to districts.  Identify Districts with updated Facility Master Plans (FMP’s) and are either providing facility upgrades under a current bond program or are actively pursuing a future bond. Provide a spreadsheet of districts FMP and bond status.
 Coordinate opportunities for mutual team collaboration to give presentations to groups of school district personnel, especially chief business officials, superintendents, and facilities managers.  Organize at least one webinar / information session per month that addresses electrification of school facilities and PCE programs, for the county’s 23 school districts.
 Project lead participates in monthly check-ins with PCEA. $31,000.00
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Payment
Date
Deliverables Maximum
Payment
Career Technical Education Collaboration
 PCEA staff are invited to collaboration meetings and invited to provide subject matter expertise.
 Submit plan for collaboration for PCEA review, including milestones and meeting deliverables for the following tasks:
o Review Labor Market Information for high wage, high growth occupations related to electric vehicles, charging infrastructure, and electricians.
o Conduct a landscape analysis of regional post-secondary certification programs related to electric vehicles, charging infrastructure, and electricians.
o Identify anchor technical skills and concepts to enter into post-secondary certification programs related to electric vehicles, charging infrastructure, and electricians.
o Create a curriculum map of current CTE pathways with
opportunities to integrate anchor technical skills and concepts for electric vehicles, charging infrastructure, and electricians, aligned to post-secondary certification programs.
o Identify next steps for developing a CTE career pipeline for electric vehicles, charging infrastructure, and electricians. This recommendation includes key players for further collaboration as well as infrastructure and funding needed.
 All collaboration tasks focus on electric vehicles, electric vehicle charging infrastructure, and electricians.
 Project lead participates in monthly check-ins with PCEA.  PCEA is acknowledged as a sponsor during program promotion and media.
$11,400.00
Capacity Building Environmental Literacy Sampler Workshops  Contact and assist the workshop participants from the 2023-24 school year who have pledged to use the windmill kits in the 2024-25 school year.
 If Contractor identifies any teachers who do not plan to use the windmill kits, Contractor will reallocate the windmill kits to other teachers who have received training on the curriculum.
$500.00
Subtotal $42,900.00
Administrative overhead (13.9%) $5,963.10
Total Up to
$48,863.10
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Payment
Date
Deliverables Maximum
Payment
January 15,
2025
School Decarbonization Program
 Provide spreadsheet(s) of baseline equipment data based on the ongoing Green Facilities Data Collection Project. Data will be collected through landscape analysis of at least 2 school districts. Metrics will include, but are not limited to the following:
o HVAC:
 Gas or electric heat
 Cooling? (Y/N)
 Number of units
 Age of equipment
o Plumbing
 Gas or electric water heating
 Number of units
 Age of equipment
o Expected year of retirement of three oldest fleet vehicles o # of EV chargers and electric buses
o # of On-Site Renewable Energy installations (total kW) o # of Sustainable and Climate Action Plans developed and implemented in district
 Prepare a report that recommends electric equipment upgrades or replacements in participating school districts for the following use types: air conditioning, space heating, water heating, cooking, and clothes drying. Present findings and recommendations to districts.  Identify Districts with updated Facility Master Plans (FMP’s) and are either providing facility upgrades under a current bond program or are actively pursuing a future bond. Provide a spreadsheet of districts FMP and bond status.
 Coordinate opportunities for mutual team collaboration to give presentations to groups of school district personnel, especially chief business officials, superintendents, and facilities managers.  Organize at least one webinar / information session per month that addresses electrification of school facilities and PCE programs, for the county’s 23 school districts.
 Project lead participates in monthly check-ins with PCEA. $31,000.00
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Payment
Date
Deliverables Maximum
Payment
Environmental Youth Leadership Summit
o PCEA staff are invited to present the following topics:
o San Mateo County leadership in climate action
o Clean electricity sources from PCEA
o Role of electrification in addressing climate change
o Health and environmental justice impacts of using fossil fuels in buildings and transportation
o Registration form and post-event participant survey includes questions assessing knowledge of local climate change causes and solutions. o PCEA resources and information are included in a follow-up email to Summit registrants and participants.
o Acknowledge PCEA as a sponsor through program promotion and media.
o Submit brief report, including list of participants and schools represented as well as common questions or observations from attendees.
$2,800.00
Career Technical Education Collaboration
 PCEA staff are invited to collaboration meetings and invited to provide subject matter expertise.
 Submit documentation of the following tasks:
o Review Labor Market Information for high wage, high growth occupations related to electric vehicles, charging infrastructure, and electricians.
o Conduct a landscape analysis of regional post-secondary certification programs related to electric vehicles, charging infrastructure, and electricians.
 All collaboration tasks focus on electric vehicles, charging infrastructure, and electricians.
 Project lead to participate in monthly check-ins with PCEA.  PCEA is acknowledged as a sponsor during program promotion and media.
$5,000.00
Subtotal $38,800.00
Administrative overhead (13.9%) $5,393.20
Total Up to
$44,193.20
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Payment
Date
Deliverables Maximum
Payment
March 31,
2025
School Decarbonization Program
 Provide spreadsheet(s) of baseline equipment data based on the ongoing Green Facilities Data Collection Project. Data will be collected through landscape analysis of at least 2 school districts. Metrics will include, but are not limited to the following:
o HVAC:
 Gas or electric heat
 Cooling? (Y/N)
 Number of units
 Age of equipment
o Plumbing
 Gas or electric water heating
 Number of units
 Age of equipment
o Expected year of retirement of three oldest fleet vehicles o # of EV chargers and electric buses
o # of On-Site Renewable Energy installations (total kW) o # of Sustainable and Climate Action Plans developed and implemented in district
 Prepare a report that recommends electric equipment upgrades or replacements in participating school districts for the following use types: air conditioning, space heating, water heating, cooking, and clothes drying. Present findings and recommendations to districts.  Identify Districts with updated Facility Master Plans (FMP’s) and are either providing facility upgrades under a current bond program or are actively pursuing a future bond. Provide a spreadsheet of districts FMP and bond status.
 Coordinate opportunities for mutual team collaboration to give presentations to groups of school district personnel, especially chief business officials, superintendents, and facilities managers.  Organize at least one webinar / information session per month that addresses electrification of school facilities and PCE programs, for the county’s 23 school districts.
 Project lead participates in monthly check-ins with PCEA. $31,000.00
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Payment
Date
Deliverables Maximum
Payment
Capacity Building Environmental Literacy Sampler Workshops  PCEA staff are invited to join a planning meeting on workshop content and review the curriculum before it is implemented. The following topics are to be included in workshop curriculum:
o San Mateo County leadership on climate action
o Clean electricity sources from PCEA
o Role of electrification in addressing climate change
o Health and environmental justice impacts of using fossil fuels in buildings and transportation
 Registration form includes questions assessing knowledge of climate change causes and electricity sources.
 Participant recruitment uses the Equity Index to identify and prioritize districts and schools for outreach and education.
 If Contractor identifies any teachers who do not plan to use the windmill kits, Contractor will reallocate the windmill kits to other teachers who have received training on the curriculum.
 Acknowledge PCEA as a sponsor through program promotion and media.
$8,000.00
Subtotal $39,000.00
Indirect (13.9%) $5,421.00
Total Up to
$44,421.00
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Payment
Date
Deliverables Maximum
Payment
June 30,
2025
School Decarbonization Program
 Provide spreadsheet(s) of baseline equipment data based on the ongoing Green Facilities Data Collection Project. Data will be collected through landscape analysis of at least 2 school districts. Metrics will include, but are not limited to the following:
o HVAC:
 Gas or electric heat
 Cooling? (Y/N)
 Number of units
 Age of equipment
o Plumbing
 Gas or electric water heating
 Number of units
 Age of equipment
o Expected year of retirement of three oldest fleet vehicles o # of EV chargers and electric buses
o # of On-Site Renewable Energy installations (total kW) o # of Sustainable and Climate Action Plans developed and implemented in district
 Prepare a report that recommends electric equipment upgrades or replacements in participating school districts for the following use types: air conditioning, space heating, water heating, cooking, and clothes drying. Present findings and recommendations to districts.  Identify Districts with updated Facility Master Plans (FMP’s) and are either providing facility upgrades under a current bond program or are actively pursuing a future bond. Provide a spreadsheet of districts FMP and bond status.
 Coordinate opportunities for mutual team collaboration to give presentations to groups of school district personnel, especially chief business officials, superintendents, and facilities managers.  Organize at least one webinar / information session per month that addresses electrification of school facilities and PCE programs, for the county’s 23 school districts.
 Project lead participates in monthly check-ins with PCEA. $31,000.00
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Payment
Date
Deliverables Maximum
Payment
Capacity Building Environmental Literacy Sampler Workshops  PCEA is invited to present the above content to workshop participants and to provide and review resources that can be used during facilitation with teachers.
 Post-workshop participant survey includes questions assessing knowledge of climate change causes and electricity sources.  PCEA resources and information are included in a follow-up email to workshop registrants and participants.
 Acknowledge PCEA as a sponsor through program promotion and media.
 If Contractor identifies any teachers who do not plan to use the windmill kits, Contractor will reallocate the windmill kits to other teachers who have received training on the curriculum.
 Submit brief report, including list of participants and schools represented as well as common questions or observations from attendees. Report should also include which teachers implemented the clean energy curriculum, number of students who received the curriculum, and photos and other documentation from the 2023-24 and 2024-25 school year.
$8,000.00
Career Technical Education Collaboration
 PCEA staff are invited to collaboration meetings and invited to provide subject matter expertise.
 Submit documentation of the following tasks:
o Identify anchor technical skills and concepts to enter into post-secondary certification programs related to electric vehicles, charging infrastructure, and electricians.
o Create a curriculum map of current CTE pathways with
opportunities to integrate anchor technical skills and concepts for electric vehicles, charging infrastructure, and electricians, aligned to post-secondary certification programs.
o Identify next steps for developing a CTE career pipeline for electric vehicles, charging infrastructure, and electricians. This recommendation includes key players for further collaboration as well as infrastructure and funding needed.
 All collaboration tasks focus on electric vehicles, charging infrastructure, and electricians.
 Project lead to participate in monthly check-ins with PCEA.  PCEA is acknowledged as a sponsor during program promotion and media.
$10,000.00
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Payment
Date
Deliverables Maximum
Payment
Schools for a Sustainable Future Summit
o PCEA staff are invited to join a planning meeting on workshop content and intended audience.
o Registration form and post-event survey includes questions assessing awareness of electrification and decarbonization programs. o PCEA staff are invited to present the following topics:
o San Mateo County leadership on climate action and policy mandates for decarbonization
o Clean electricity sources from PCEA
o Role of electrification in addressing climate change, improving air quality, etc.
o Energy literacy and decarbonization programs offered by PCEA
o PCEA resources and information are included in a follow-up email to Summit registrants and participants.
o Acknowledge PCEA as a sponsor through program promotion and media.
o Submit brief report, including list of participants and schools represented as well as common questions or observations from attendees.
$5,500.00
Sustainable and Climate Ready Schools Challenge Awards
 Creation of awards focused on school decarbonization projects (reducing emissions from energy used in buildings or transportation) and clean energy curriculum.
 Awards will be documented through SCRS Challenge Summaries that will be promoted through the Environmental Literacy and Sustainability Initiative website, as well as social media and news promotions.  Acknowledge PCEA as a sponsor through program promotion and media.
$2,500.00
Subtotal $57,000.00
Indirect (13.9%) $7,923.00
Total Up to
$64,923.00
Subtotal Up to
$202,400.30
Contingency
funds
Any use of contingency funds for unforeseen program costs must be pre-approved in writing by PCEA staff.Up to $7,599.70
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Payment
Date
Deliverables Maximum
Payment
Total Up to
$210,000.00
213
DATE: August 12, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Kirsten Andrews-Schwind, Associate Director of Community Relations and Climate Equity, and Vanessa Shin, Associate Manager of Community Relations SUBJECT: Approval of a Resolution to Delegate Authority to the Chief Executive Officer to Finalize and Execute a Contract with the County of San Mateo Sustainability Division for the Youth Climate Ambassadors Program for an Amount Not-to-Exceed $50,000 in Fiscal Year Ends 2025 and 2026 (Action) Item No. 12

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approval of a Resolution to Delegate Authority to the Chief Executive Officer to Finalize and Execute a Contract with the County of San Mateo Sustainability Division for the Youth Climate Ambassadors Program for an Amount Not-to-Exceed $50,000 in FYE 2025 and 2026.

Youth Climate Ambassadors Background
Since 2020, Peninsula Clean Energy has partnered with the Youth Climate Ambassadors (YCA) Leadership Program to engage high school students in San Mateo County in clean energy and local climate solutions. The program is run in partnership with Citizens Environmental Council (CEC), the Environmental Literacy and Sustainability Initiative at the San Mateo County Office of Education (SMCOE), and the San Mateo County Sustainability Department.

Through YCA, high school students in San Mateo County dive into social and environmental issues contributing to the global climate crisis. During this seven month-long program, students attend monthly online workshops that strengthen their knowledge of climate change and build leadership skills. Participants receive support to implement a project that addresses climate change at their school or local community.
2023-2024 Program Results
214
The fifth YCA cohort took place in the 2023-24 school year, with 49 students graduating from the program. This year, YCA staff focused on increasing diversity in the cohort. Compared to previous years, the racial demographics of the YCA participants were now more aligned with the demographics of San Mateo County. Over one-third of participants were considered to come from lower-income households, using a guardian's highest level of education as a proxy.

Students represented 5 out of the 6 high school public districts and 14 out of the 24 public high schools.

Through pre- and post-program surveys, YCA participants self-reported increased skills in verbal communication, knowledge on climate change, and confidence to take action. Before the program, 31% of students felt anxious or apathetic to taking action on climate change, and 20% of students felt empowered to take action on climate issues. Upon graduating from YCA, 82% of students felt empowered to take action on climate issues, and an additional 15% felt ready to learn more about how to take action.

Peninsula Clean Energy collaborated with YCA staff to provide information about San Mateo County's leadership on climate, local sources of electricity, and role of electrification in reducing greenhouse gas emissions. In addition to advising on curriculum, Peninsula Clean Energy presented directly to participants at an in-person retreat and facilitated a solar-powered cooking demo. As students developed their local projects, we provided examples of impactful actions related to energy, such as researching the benefits of electric buses and connecting school administration with Peninsula Clean Energy's GovEV program. Two students completed a project related to energy.

DISCUSSION
FYE 2025-2026 Partnership Focus
Peninsula Clean Energy will partner with YCA staff to enhance the curriculum and emphasize decarbonization as the major solution to climate change. The curriculum will introduce and reinforce the following concepts:

Local sources of greenhouse gas emissions
Clean energy sources from Peninsula Clean Energy
The role of electrification in combatting climate change Health and environmental justice impacts of using fossil fuels in buildings and transportation, and benefits of transitioning off of fossil fuels To help evaluate how effectively these concepts were delivered, YCA participants will answer knowledge-based questions in pre- and post-program surveys.

YCA participants will also receive more support with developing impactful projects that reduce greenhouse gas emissions. Students will learn how to evaluate the greenhouse gas emissions and climate change impacts of their community projects. Additionally, participants will better understand how to engage with local climate action efforts in their community and school. For example, participants will research the climate action plans and other policies of their local jurisdiction and school board.

Program Budget
Funding from Peninsula Clean Energy will increase YCA staff capacity to support student participants through coaching services and program administration. 215
The San Mateo County Sustainability Department will disburse the program staff support payments or hire a staff or fellow. The staff member will be the recipient of the program staff support payments and will be responsible for any/all the following activities:

Attend and assist in online workshops and in-person retreats Help track attendance, facilitate breakout groups, and other administrative tasks Support student learning during workshops and facilitate lessons relating to climate science and leadership skills
Attend and participate in YCA staff meetings and assist in program administration Assist in communications with students and student groups Plan logistics for retreats and workshops in collaboration with other YCA staff Review and offer input on curriculum development and structure Mentor and coach individuals and groups of students
Coordinate regular virtual mentorship calls
Assist students in developing project and personal development plans Other duties as assigned
Item FY 2024-25 FY 2025-26 Description
Program Staff Support
Payments
Up to $25,000 Up to $25,000
Support YCA participants through
coaching services and program
administration
Total Up to $50,000

FISCAL IMPACT
The contract will not exceed $50,000 in fiscal years 2024-25 and 2025-26.

STRATEGIC PLAN
This partnership with the San Mateo County Office of Education will support the following goal in the Peninsula Clean Energy Strategic Plan:

Key Tactic 2. Continue to support schools-based literacy programs focused on energy.

Task 1: Work with San Mateo County Office of Education, San Mateo County Community College District and Los Banos schools to identify and support opportunities to educate students, teachers and administrators about energy-related environmental impact in order to inspire action
Task 2: Sponsor awards that recognize student and schools-based achievements in energy and the environment
ATTACHMENTS:
2024-25 County of San Mateo Sustainability Department Contract.docx 216
RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

APPROVAL OF A RESOLUTION TO DELEGATE AUTHORITY TO THE CHIEF EXECUTIVE

OFFICER TO FINALIZE AND EXECUTE A CONTRACT WITH THE COUNTY OF SAN

MATEO SUSTAINABILITY DIVISION FOR THE YOUTH CLIMATE AMBASSADORS PROGRAM FOR AN AMOUNT NOT-TO-EXCEED $50,000 IN FISCAL YEAR ENDS 2025 AND 2026 (ACTION)
RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, State of California, that
WHEREAS, Peninsula Clean Energy was formed on February 20, 2016; and WHEREAS, Peninsula Clean Energy understands that the mission of reducing greenhouse gas emissions depends on educating the next generation of energy and environmental leaders; and
WHEREAS, Peninsula Clean Energy has committed funding for various schools-based literacy programs focused on energy, climate, and green careers since 2018; and WHEREAS, Peninsula Clean Energy has partnered with the Youth Climate Ambassadors Leadership Program since 2020 to educate high school students in San Mateo County about local electricity sources and climate solutions; and
WHEREAS, Youth Climate Ambassadors Leadership Program staff provide mentorship, coaching, and support for student participants; and
WHEREAS, Peninsula Clean Energy desires to support expanded staff capacity for the Youth Climate Ambassadors Leadership Program; and
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board delegates authority to the Chief Executive Office to finalize and execute an agreement with the County of San Mateo Sustainability Department in an amount not to exceed $50,000 in fiscal years 2024-26 in a form approved by the General Counsel. 217
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AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

THE COUNTY OF SAN MATEO SUSTAINABILITY DEPARTMENT
This Agreement is entered into this 1st day of September, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and the County of San Mateo Sustainability Department hereinafter called “Contractor.”
* * *
Whereas, pursuant to Section 6508 of the Joint Exercise of Powers Act, PCEA may contract with independent contractors for the furnishing of services to or for PCEA; and Whereas, it is necessary and desirable that Contractor be retained for the purpose of administering program staff support payments for the Youth Climate Ambassadors Leadership program.

Now, therefore, it is agreed by the parties to this Agreement as follows:

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Services
Exhibit B—Payments and Rates

3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. PCEA reserves the right to withhold payment if PCEA determines that the quantity or quality of the work performed is unacceptable. In no event shall PCEA’s total fiscal obligation under this Agreement exceed fifty thousand dollars ($50,000). In the event 218
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that the PCEA makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the PCEA at the time of contract termination or expiration.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from September 1, 2024 through June 30, 2026.

PCEA may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon the unavailability of Federal, State, or PCEA funds by providing written notice to Contractor as soon as is reasonably possible after PCEA learns of said unavailability of outside funding. Contractor may (1) retain its rights to and ownership of pre-existing or open-source materials and/or (2) retain one copy of Work Products for archival use, but in either instance must notify PCEA and identify any such materials in writing prior to the commencement of work under this Agreement.

7. Hold Harmless
a. Mutual Hold Harmless
It is agreed that Contractor shall defend, hold harmless, and indemnify PCEA and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms 219
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and conditions of this Agreement and which result from the acts or omissions of Contractor and/or its officers, employees, agents, and servants. Contractor shall defend, hold harmless, and indemnify PCEA from and against any and all claims for wages, salaries, benefits, taxes, and all other withholdings and charges payable to, or in respect to, Contractor's representatives for services provided under this Agreement.

It is agreed that PCEA shall defend, save harmless, and indemnify Contractor and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of PCEA and/or its officers and employees.

The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

In the event of concurrent negligence (or intentional/reckless acts) of PCEA and/or its officers and employees, on the one hand, and Contractor and/or its officers, employees, agents, and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this Agreement shall be apportioned according to the California theory of comparative fault.

10. W-9 Form and Submission of Invoices
Invoices shall only be submitted by electronic form by sending an email to both the PCEA project contact’s email address and to PCEA’s Finance email address 220
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([email protected], [email protected], and [email protected]). Contractor shall submit a completed W-9 form electronically to the same email addresses. Contractor understands that no invoice will be paid by PCEA unless and until a W-9 Form is received by PCEA.

11. Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by PCEA, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish PCEA with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to PCEA of any pending change in the limits of liability or of any cancellation or modification of the policy.
b. Workers’ Compensation and Employer’s Liability Insurance Contractor shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance or self-insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor’s operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them. Such insurance shall be combined single limit bodily 221
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injury and property damage for each occurrence and shall not be less than the amounts specified below:

Yes Comprehensive General Liability
(Applies to all agreements)
$1,000,000
No Motor Vehicle Liability Insurance
(Yes, if motor vehicle is used in performing services)
$1,000,000
No Professional Liability Insurance
(Yes, if Contractor is a licensed professional)
$1,000,000
PCEA and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance or self insurance, which shall also contain a provision that (a) the insurance afforded thereby to PCEA and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the PCEA or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

12. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or 222
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regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

13. Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.
b. Equal Employment Opportunity
Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to PCEA upon request. c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.
d. Employee Benefits
With respect to the provision of benefits to its employees, Contractor shall ensure that employee benefits provided to employees with domestic partners are the same as those provided to employees with spouses.
e. Discrimination Against Individuals with Disabilities The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60–741.5(a). This regulation prohibits discrimination 223
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against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor must check one of the two following options, and by executing this Agreement, Contractor certifies that the option selected is accurate:

Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the Chief Executive Officer, including but not limited to the following:
i. termination of this Agreement;
ii. disqualification of the Contractor from being considered for or being awarded a PCEA contract for a period of up to 3 years;
iii. liquidated damages of $2,500 per violation; and/or 224
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iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by the Chief Executive Officer.

14. Confidential Information
(a) Contractor shall maintain in confidence and not disclose to any third party or use in any manner not required or authorized under this Agreement any and all Confidential Information held by PCEA.
(b) The term “Confidential Information” includes all information, documents, and materials owned by PCEA, including technical, financial, business, or PCEA customer information, which is not available to the general public, as well as information derived from such information. Information received by Contractor shall not be considered Confidential Information if: (i) it is or becomes available to the public through no wrongful act of Contractor; (ii) it is already in the possession of Contractor and not subject to any confidentiality agreement between the Parties; (iii) it is received from a third party without restriction for the benefit of PCEA and without breach of this Agreement; (iv) it is independently developed by Contractor; (v) it is disclosed pursuant to a requirement of law, including, but not limited to, the California Public Records Act (Cal. Gov’t Code Section 6250, et seq.); or (vi) is disclosed to or by a duly empowered government agency, or a court of competent jurisdiction after due notice and an adequate opportunity to intervene is given to PCEA, unless such notice is prohibited. (c) As practicable, PCEA shall mark Confidential Information with the words “Confidential” or “Confidential Material” or with words of similar import, or, if that is not possible, PCEA shall notify the Contractor (for example, by cover e-mail transmitting an electronic document) that the material is Confidential Information. PCEA’s failure or delay, for whatever reason, to mark or notify Contractor at the time the material is produced shall not take the material out of the coverage of this Agreement. (d) Contractor will direct its employees, contractors, consultants, and representatives who have access to any Confidential Information to comply with the terms of this Section.
(e) Upon termination or expiration of this Agreement, Contractor shall, at PCEA’s exclusive direction, either return or destroy all such Confidential Information and shall so certify in writing, provided, however, any Confidential Information (i) found in drafts, 225
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notes, studies, and other documents prepared by or for PCEA or its representatives, or (ii) found in electronic format as part of Contractor’s off-site or on-site data storage/archival process system, will be held by Contractor and kept subject to the terms of this provision or destroyed at Contractor’s option. The obligations of this provision will survive termination or expiration of this Agreement.

16. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Contractor agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.

17. Merger Clause; Amendments
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This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Contractor, to:

Name/Title: Karen Wang
Address: 455 County Center, Floor 4, Redwood City, CA 94063 Telephone: 650 454 5429
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Email: [email protected]

Contractor waives any recourse against PCEA’s member agencies. 228
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* * *
In agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

PENINSULA CLEAN ENERGY AUTHORITY
By: __________________________________
Chief Executive Officer, Peninsula Clean Energy Authority Date: _______________________________

COUNTY OF SAN MATEO SUSTAINABILITY DEPARTMENT
__________________________________________
Contractor’s Signature
Date: ________________________
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Exhibit A
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:

The Youth Climate Ambassadors (YCA) Leadership Program provides ninth through twelfth grade students in San Mateo County the opportunity to dive into social and environmental issues contributing to the global climate crisis. During this seven month-long program, students will attend monthly online workshops that cover a variety of topics to strengthen their knowledge of climate change, build individual skills, and support regional capacity among youth to lead action on climate change.

Students will work towards developing and implementing an impact project that addresses local sustainability issues throughout the year. While developing their impact project, students will gain experience in a variety of skills including observations, data collection, interviews, survey design, problem-solving, and more, based on student interest and the project. At the end of the program, there will be a graduation event for students to present on their impact project.

Task 1: Program Development
Contractor will invite PCEA staff to meet with new YCA staff members and participate in at least one planning meeting on YCA curriculum development as it pertains to content related to climate change and decarbonization. Contractor will ensure that program curriculum includes topics related to:
 Local sources of greenhouse gas emissions
 Clean energy sources from PCEA
 The role of electrification in combatting climate change  Health and environmental justice impacts of using fossil fuels in buildings and transportation, and benefits of transitioning off of fossil fuels Contractor will invite PCEA staff to present related content to facilitators and student participants. Contractor will meet with PCEA staff to check in on program development, including occasional meetings convened by PCEA with other partners supporting energy education at schools.
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Task 2: Program Staff Support
Contractor will disburse program staff support payments or hire a staff or fellow to increase staff capacity to support student participants through coaching services and program administration. The staff member will be the recipient of the program staff support payments or wages and will be responsible for any/all the following activities:
 Attend and assist in online workshops and in-person retreats  Help track attendance, facilitate breakout groups, and other administrative tasks  Support student learning during workshops and facilitate lessons relating to climate science and leadership skills
 Attend and participate in YCA staff meetings and assist in program administration
 Assist in communications with students and student groups  Plan logistics for retreats and workshops in collaboration with other YCA staff  Review and offer input on curriculum development and structure  Mentor and coach individuals and groups of students
 Coordinate regular virtual mentorship calls
 Assist students in developing project and personal development plans  Other duties as assigned.
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Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Contractor based on the following fee schedule and terms:

Item 2024-25 2025-26 Description
Program Staff
Support
Payment
Up to
$25,000
Up to
$25,000
 Contractor will disburse payments or hire
a staff or fellow to increase staff capacity
to support YCA participants through
coaching services and program
administration
Total Up to $50,000
Payment Schedule
The following payment schedule is a targeted schedule of activities and billings.

PCEA and Contractor reserve the right to adjust deliverables across billings with prior written agreement, within a not-to-exceed amount of $25,000 for each of the (2024-25 and 2025-26) cohorts.

Payment 1: Program Staff Support Payments for YCA Winter 2024-25  Due: December 1, 2024
 Amount: Up to $12,500 for Program Staff Support Payment  Deliverables:
o Before the program launches, PCEA staff are invited to a planning meeting on YCA curriculum development related to climate change, energy, and decarbonization.
o PCEA staff are invited to review the curriculum related to climate change, energy, and decarbonization before it is implemented.
o Pre-program participant survey includes questions assessing baseline knowledge of climate change causes, major emission sources in San Mateo County, local electricity sources, and climate action solutions. o All participants receive instruction on the following concepts at the beginning of the program and reinforced throughout the curriculum:
 Local sources of greenhouse gas emissions
 Clean energy sources from PCEA
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 The role of electrification in combatting climate change  Health and environmental justice impacts of using fossil fuels in buildings and transportation, and benefits of transitioning off of fossil fuels
o PCEA is invited to present the above content to facilitators and student participants, and to provide and review resources that can be used during facilitation with students.
o Submit final list of admitted Cohort 6 students with information about school, grade level, and hometown.
o Presentation on demographics, outreach, and equity metrics for Cohort 6. o Project lead to participate in monthly check-ins with PCEA. o PCEA is acknowledged as a sponsor during program promotion and media.

Payment 2: Program Staff Support Payments for YCA Spring 2024-25  Due: May 15, 2025
 Amount: Up to $12,500 for Program Staff Support Payment, plus any outstanding billings for 2024-25 Cohort
 Deliverables:
o PCEA to provide Community Impact Project ideas related to clean energy to YCA participants.
o Curriculum includes that students learn about County, local jurisdictions, and school board climate action plans, including policies and ordinances focused on reducing local greenhouse gas emissions through energy efficiency or electrification in buildings or transportation. o Curriculum includes that students evaluate the greenhouse gas emissions and climate change impacts during the Community Impact Projects planning phase.
o Post-program participant survey includes questions assessing knowledge of climate change causes, major emission sources in San Mateo County, local electricity sources, and climate action solutions. o Submit Cohort 6 Program Report including list of participants and schools represented, lessons learned, project types, and recommendations. o Share links to case studies, final presentations, and major projects completed during Cohort 6.
o Project lead to participate in monthly check-ins with PCEA. o PCEA is acknowledged as a sponsor during program promotion and media.
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Payment 3: Program Staff Support Payments for YCA Winter 2025-26  Due: December 1, 2025
 Amount: Up to $12,500 for Program Staff Support Payment  Deliverables:
o Before the program launches, PCEA staff are invited to a planning meeting on YCA curriculum development related to climate change, energy, and decarbonization.
o PCEA staff are invited to review the curriculum related to climate change, energy, and decarbonization before it is implemented.
o Pre-program participant survey includes questions assessing baseline knowledge of climate change causes, major emission sources in San Mateo County, local electricity sources, and climate action solutions. o All participants receive instruction on the following concepts at the beginning of the program and reinforced throughout the curriculum:
 Local sources of greenhouse gas emissions
 Clean energy sources from PCEA
 The role of electrification in combatting climate change  Health and environmental justice impacts of using fossil fuels in buildings and transportation, and benefits of transitioning off of fossil fuels
o PCEA is invited to present the above content to facilitators and student participants, and to provide and review resources that can be used during facilitation with students.
o Submit final list of admitted Cohort 7 students with information about school, grade level, and hometown.
o Presentation on demographics, outreach, and equity metrics for Cohort 7. o Project lead to participate in monthly check-ins with PCEA. o PCEA is acknowledged as a sponsor during program promotion and media.

Payment 4: Program Staff Support Payments for YCA Spring 2025-26, plus any outstanding billings for 2025-26 Cohort
 Due: May 15, 2026
 Amount: Up to $12,500 for Program Staff Support Payment  Deliverables:
o PCEA to provide Community Impact Project ideas related to clean energy to YCA participants.
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o Curriculum includes that students learn about County, local jurisdictions, and school board climate action plans, including policies and ordinances focused on reducing local greenhouse gas emissions through energy efficiency or electrification in buildings or transportation. o Curriculum includes that students evaluate the greenhouse gas emissions and climate change impacts during the Community Impact Projects planning phase.
o Post-program participant survey includes questions assessing knowledge of climate change causes, major emission sources in San Mateo County, local electricity sources, and climate action solutions. o Submit Cohort 7 Program Report including list of participants and schools represented, lessons learned, project types, and recommendations. o Share links to case studies, final presentations, and major projects completed during Cohort 7.
o Project lead to participate in monthly check-ins with PCEA. o PCEA is acknowledged as a sponsor during program promotion and media.
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DATE: June 4, 2024
MEETING DATE: August 22, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Shawn Marshall, Chief Executive Officer
Nelly Wogberg, Board Clerk
SUBJECT: Approval of Proposed Administrative Updates to the Peninsula Clean Energy Authority Joint Powers Authority (JPA) Agreement (Action) Item No. 13

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approval of proposed administrative updates to the Peninsula Clean Energy Authority Joint Powers Authority (JPA) Agreement.

BACKGROUND
Peninsula Clean Energy Authority (PCE) was formed in February 2016 by the County of San Mateo and all twenty cities within the County. The original Joint Powers Authority (JPA) Agreement was approved at this time. On March 28, 2019 the Board of Directors amended the JPA to include a section for Directors Emeritus and to appoint the Chief Financial Officer as Treasurer. On October 22, 2020 the Board of Directors again amended the JPA Agreement to add a new jurisdiction, the City of Los Banos, to its membership.

DISCUSSION
Earlier this year, staff identified and noted some inconsistencies and duplication between the Operating Rules and Regulations of the Board, namely PCE's Board Policies and the Joint Powers Authority (JPA) Agreement. The following administrative updates have been proposed to remove duplication and to ensure that all documents governing the PCE Board are in alignment. At it's June 27, 2024 meeting, the Board directed staff to send the proposed JPA amendments to each of PCE's member agencies as per the statutorily required 30 day comment period; this occurred on July 17, 2024 and no comments have been received. A summary of the proposed changes follows:

1. Removal of Section 3.1.1, Directors Emeritus, based on the Board decision at the February 23, 2023 Board meeting to transition away from two Director Emeritus Ex-Officio seats to an Emeritus Advisory Group maintained by staff. The Emeritus Advisory Group is proposed to be included as part of the proposed edits to PCE's Policy 16.

2. An inclusion of delegation authority to Section 3.3.7, Powers and Functions of the Board, for filings with the California Public Utilities Commission, the Federal Energy Regulatory 236
Commission, or any other administrative agency.

3. To ensure consistencies between Operating Rules and Regulations (Policy 14, "Delegation of Non-Energy Contracts Commitment and Financial Authority Policy") and the JPA Agreement, Section 3.4, Chief Executive Officer, has been edited to remove the dollar value of the signing authority limit and house it in Policy 14. Staff found that including the signing authority limit in multiple places causes confusion and operational risk if there is misalignment.

4. To ensure consistencies between Operating Rules and Regulations (Policy 16, "Selection of the Chair and Vice Chair and appointment to the Executive Committee and other standing Board Committees") and the JPA Agreement, Section 3.9.1, Selection of Board Officers, has been updated to include term limits for the Chair and Vice Chair.

Staff has suggested term limits of two (2) years to better coincide with election cycles, but suggests that the Committee direct Staff if another option is preferred. It may also make sense to retain the current Chair and Vice Chair terms to end in January 2027 following the election in 2026 to better align with election cycles.

5. An update from six (6) to twelve (12) months in Section 6.1.1, Right to Withdraw, to better align with current rules around Resource Adequacy.

6. An update to Section 5.3.1, Budget, to clarify and update language to be consistent with current practices.

Please see the attached redline as a cross reference and to see other minor administrative corrections as proposed. As noted above, these amendments were sent to all member agencies for a 30 day comment period; proposed amendments do not require approval by member agency elected bodies, but comments are welcome. No comments have been received, and this item is now ready for final approval by the PCE Board.

Finally, the Executive Committee reviewed and discussed these updates at their June 10, 2024 meeting and voted unanimously to recommend approval by the Board of Directors.

FISCAL IMPACT
None.

ATTACHMENTS:

JPA - Proposed Third Amended - Redline.pdf
JPA - Proposed Third Amended - Clean.pdf
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WestLight Energy Board of DirectorsAugust 22, 2024

WestLight Energy Board of Directors
August 22, 2024