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Agenda packet

Silicon Valley Clean Energy Board of Directors
June 10, 2026

Document
Agenda packet
Meeting
June 10, 2026
Body
Silicon Valley Clean Energy Board of Directors
Pages
7
Original file
12.2 MB
Text extracted from the CCA's file for reading and search. Open the original on www.svcleanenergy.org. That file is the official record.
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Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 x1005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II).

Larry Klein, Chair
City of Sunnyvale
Sally Meadows, Vice Chair
City of Los Altos
Terry Hines
City of Campbell
R “Ray” Wang
City of Cupertino
Zach Hilton
City of Gilroy
George Tyson
Town of Los Altos Hills
Rob Rennie
Town of Los Gatos
Garry Barbadillo
City of Milpitas
Bryan Mekechuk
City of Monte Sereno
Yvonne Martinez Beltran
City of Morgan Hill
Pat Showalter
City of Mountain View
Chuck Page
City of Saratoga
Otto Lee
County of Santa Clara
svcleanenergy.org
333 W El Camino Real
Suite 330
Sunnyvale, CA 94087
Silicon Valley Clean Energy Authority
Board of Directors Meeting
Wednesday, June 10, 2026
7:00 p.m.

Sunnyvale Civic Center
456 W. Olive Avenue
Sunnyvale, CA
Gilroy City Hall
Administration Conference Room
7351 Rosanna St.

Gilroy, CA
Teleconference Meeting
Webinar:
https://svcleanenergy-org.zoom.us/j/89399929255
Telephone (Audio Only):

US: +1 669-219-2599
Webinar ID: 893 9992 9255
Members of the public may also attend this meeting in person, or observe this meeting electronically by accessing the meeting via instructions above. Public Comments can be sent in advance of the meeting via email up to three hours before the meeting begins to Board Clerk Andrea Pizano at [email protected] and will be distributed to the Board of Directors. The public will also have an opportunity to provide comments during the meeting. Members of the public participating remotely and using Zoom may comment during public comment or the applicable agenda item by using the Raise Hand feature and you will be recognized by the Chair. Those using the telephone (audio only) feature should press star 9 on your phones to initiate the “Raise Hand” function in Zoom. You will then be announced, unmuted, and your time to speak will begin.

The public may provide comments on any matter listed on the Agenda. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (“ADA”) please

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Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 x1005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II).

Larry Klein, Chair
City of Sunnyvale
Sally Meadows, Vice Chair
City of Los Altos
Terry Hines
City of Campbell
R “Ray” Wang
City of Cupertino
Zach Hilton
City of Gilroy
George Tyson
Town of Los Altos Hills
Rob Rennie
Town of Los Gatos
Garry Barbadillo
City of Milpitas
Bryan Mekechuk
City of Monte Sereno
Yvonne Martinez Beltran
City of Morgan Hill
Pat Showalter
City of Mountain View
Chuck Page
City of Saratoga
Otto Lee
County of Santa Clara
svcleanenergy.org
333 W El Camino Real
Suite 330
Sunnyvale, CA 94087
contact Board Clerk Andrea Pizano at [email protected] prior to the meeting for assistance.

AGENDA
Call to Order
Roll Call
Public Comment on Matters Not Listed on the Agenda
The public may provide comments on any matter not listed on the Agenda provided that it is within the subject matter jurisdiction of SVCE. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute.

Adopt Resolution Commending Elliot Scozzola for His Dedicated Service to SVCE Consent Calendar (Action)
1a) Approve Minutes of the May 15, 2026, Board of Directors Special Meeting
1b) Receive April 2026 Treasurer Report
1c) Authorize the Chief Executive Officer to Execute an Agreement with Ecology Action for an Electric Vehicle Charging Technical Assistance Program with a Not to Exceed Limit of $900,000 Over a Three-Year Term
1d) Approve an Allocation of $700,000 of Program Fund Dollars to Extend the Go Electric Advisor Program and Authorize the Chief Executive Officer to Execute the First Amendment to the Sacramento Municipal Utility District (SMUD) Agreement to Extend the Term through June 2028 and Set a New Not-to-Exceed Amount of $1.542 Million 1e) Recommend the SVCE Board Approve Amendments to SVCE Policies 1f) Authorize the Chief Executive Officer to Enter a Short-term Agreement to Purchase Large Hydroelectric Carbon Free Energy from Brookfield Renewable Trading and Marketing, LP for Calendar Year 2028 and Amount Not to Exceed $1,000,000
1g) Authorize the Chief Executive Officer Approval of CC Power’s Annual Budget and Dues in an Amount Not to Exceed $600,000 for CC Power’s

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Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 x1005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II).

Larry Klein, Chair
City of Sunnyvale
Sally Meadows, Vice Chair
City of Los Altos
Terry Hines
City of Campbell
R “Ray” Wang
City of Cupertino
Zach Hilton
City of Gilroy
George Tyson
Town of Los Altos Hills
Rob Rennie
Town of Los Gatos
Garry Barbadillo
City of Milpitas
Bryan Mekechuk
City of Monte Sereno
Yvonne Martinez Beltran
City of Morgan Hill
Pat Showalter
City of Mountain View
Chuck Page
City of Saratoga
Otto Lee
County of Santa Clara
svcleanenergy.org
333 W El Camino Real
Suite 330
Sunnyvale, CA 94087
Fiscal Year 2026-2027 and Delegate Authority to the Chief Executive Officer to Enter Agreements Using Approved Funds
1h) Receive Executive Committee Report
1i) Receive Finance and Administration Committee Report 1j) Receive Additional Committees Report
1k) Receive California Community Power Report
Regular Calendar
2) CEO Report (Informational)
3) Adopt 2026 Integrated Resource Plan and Delegate Authority to the Chief Executive Officer for Final Approval (Action)
4) Receive Results of Stress Test Analyses (Discussion) 5) Approve Financial Levers Playbook (Action)
Board Member Announcements and Direction on Future Agenda Items Adjourn
Revised: February 7, 2024
1 SVCE

GLOSSARY OF TERMS
BTM – Behind the Meter – Customer-sited resources which connect to the distribution system on the customer’s side of the utility’s meter. See also “DER”.

C&I – Commercial and Industrial – Business customers
CAISO – California Independent System Operator – a non-profit independent system operator that oversees the operation of the California bulk electric power system, transmission lines and electricity market generated and transmitted by its members (~80% of California’s electric flow). Its stated mission is to “operate the grid reliably and efficiently, provide fair and open transmission access, promote environmental stewardship and facilitate effective markets and promote infrastructure development. CAISO is regulated by FERC and governed by a five-member governing board appointed by the governor.

CALCCA – California Community Choice Association – Association made up of Community Choice Aggregation (CCA) groups which represents the interests of California’s community choice electricity providers.

CARB – California Air Resources Board – The CARB is charged with protecting the public from the harmful effects of air pollution and developing programs and actions to fight climate change in California.

CARE – California Alternate Rates for Energy Program – A monthly discount of 20% or more on gas and electricity. Participants qualify through income guidelines or if enrolled in certain public assistance programs.

CEC – California Energy Commission
CCCFA – California Community Choice Financing Authority – The California Community Choice Financing Authority (CCCFA) was established in 2021 with the goal to reduce the cost of power purchases for member community choice aggregators (CCAs) through pre-payment structures. The founding members of CCCFA include Central Coast Community Energy, East Bay Community Energy, Marin Clean Energy, and Silicon Valley Clean Energy. CCCFA is a Joint Powers Authority which can help member CCAs save up to 10% or more on power purchase agreements, helping reduce costs for ratepayers and increase available funding for local programs.

CC Power – California Community Power – California Community Power is a Joint Powers Agency comprised of nine CCAs. CC Power allows its member CCAs to combine their buying power to procure new, cost-effective clean energy and reliability resources to continue advancing local and state climate goals.

CP – Compliance Period – Time period to become RPS compliant, set by the CPUC (California Public Utilities Commission)
DA – Direct Access – An option that allows eligible customers to purchase their electricity directly from third party providers known as Electric Service Providers (ESP).

Demand – The rate at which electric energy is delivered to or by a system or part of a system, generally expressed in kilowatts (kW), megawatts (MW), or gigawatts (GW), at a given instant or averaged over any designated interval of time. Demand should not be confused with Load or Energy.

DR – Demand Response – An opportunity for consumers to play a significant role in the operation of the electric grid by reducing or shifting their electricity usage during peak periods in response to time-based rates or other forms of financial incentives.
/T\ SILICON VALLEY <3/ CLEAN ENERGY
Silicon Valley Clean Energy Revised: February 7, 2024
2 DER – Distributed Energy Resource – A small-scale unit of power generation that operates locally and is connected to a larger power grid at the distribution level.

Distribution – The delivery of electricity to the retail customer’s home or business through low voltage distribution lines.
eHub – SVCE’s online customer resource center with the latest information on electric vehicles, home electrification, and solar and battery storage.

ERRA – Energy Resource Recovery Account – ERRA proceedings are used to determine fuel and purchased power costs which can be recovered in rates. The utilities do not earn a rate of return on these costs, and only recover actual costs. The costs are forecast for the year ahead. If the actual costs are lower than forecast, then the utility gives money back, and vice versa.

ESP – Energy Service Provider – An energy entity that provides service to a retail or end-use customer.

FERC – Federal Energy Regulatory Commission – Independent federal agency that regulates the interstate transmission of electricity, natural gas and oil. The CAISO is subject to FERC jurisdiction.

GHG – Greenhouse gas – water vapor, carbon dioxide, tropospheric ozone, nitrous oxide, methane, and chlorofluorocarbons (CFCs). A gas that causes the atmosphere to trap heat radiating from the earth. The most common GHG is Carbon Dioxide, though Methane and others have this effect as well.

GWh – Gigawatt-hour – The unit of energy equal to that expended in one hour at a rate of one billion watts. One GWh equals 1,000 megawatt-hours.

IOU – Investor-Owned Utility – A private electricity and natural gas provider.

IRA – Inflation Reduction Act
IRP – Integrated Resource Plan – A plan which outlines an electric utility’s resource needs in order to meet expected electricity demand long-term.
kW – Kilowatt – Measure of power where power (watts) = voltage (volts) x amperage (amps) and 1 kW = 1000 watts
kWh – Kilowatt-hour – This is a measure of consumption. It is the amount of electricity that is used over some period of time, typically a one-month period for billing purposes. Customers are charged a rate per kWh of electricity used.

LCR – Local (RA) Capacity Requirements – The amount of Resource Adequacy capacity required to be demonstrated in a specific location or zone.

LCFS – Low Carbon Fuel Standard – A CARB program designed to encourage the use of cleaner low-carbon fuels in California, encourage the production of those fuels, and therefore, reduce greenhouse gas emissions.

Load – An end use device or customer that receives power from an energy delivery system. Load should not be confused with Demand, which is the measure of power that a load receives or requires. See Demand.

LSE – Load-serving Entity – Entities that have been granted authority by state, local law or regulation to serve their own load directly through wholesale energy purchases and have chosen to exercise that authority.

Silicon Valley Clean Energy Revised: February 7, 2024
3 MMT – Million Metric Tonnes – Common unit of measurement in regulatory and policy space for California’s GHG emissions.

MAWG – Member Agency Working Group, a group of PIOs from SVCE’s member communities that gather monthly MW – Megawatt – measure of power. A megawatt equals 1,000 kilowatts or 1 million watts.

MWh – Megawatt-hour – measure of energy
NEM – Net Energy Metering – A program in which solar customers receive credit for excess electricity generated by solar panels. The main differences between NEM and FIT programs are the type of rate (flat vs. dependent on time-of-day generation), number of meters required (two vs. one), and flexibility (long-term contract vs. non-binding program enrollment).

PCC1 – RPS Portfolio Content Category 1 – Bundled renewables where the energy and REC are dynamically scheduled into a California Balancing Authority (CBA) such as the CAISO. Also known as “in-state” renewables PCC2 – RPS Portfolio Content Category 2 – Bundled renewables where the energy and REC are from out-of-state and not dynamically scheduled to a CBA.

PCC3 – RPS Portfolio Content Category 3 – Unbundled RECPSPS – Public Safety Power Shutoff – An event in which the IOUs purposely turn off segments of the grid due to high risk of ignition and wildfires.

PCIA or “exit fee” – Power Charge Indifference Adjustment (PCIA) is an “exit fee” based on stranded costs of utility generation set by the California Public Utilities Commission. It is calculated annually and assessed to customers of CCAs and paid to the IOU that lost those customers as a result of the formation of a CCA.

Power Content Label (PCL) – A user-friendly way of displaying information to California consumers about the energy resources used to generate the electricity they sell, as required by AB 162 (Statue of 2009) and Senate Bill 1305 (Statutes of 1997).

PPA – Power Purchase Agreement – A contract used to purchase the energy, capacity and attributes from a renewable resource project.

Prepay – payment in advance by a municipal utility for a number of years of contracted energy, and this prepayment with tax-exempt debt
RA – Resource Adequacy – Under its Resource Adequacy (RA) program, the California Public Utilities Commission (CPUC) requires load-serving entities—both independently owned utilities and electric service providers—to demonstrate in both monthly and annual filings that they have purchased capacity commitments to contribute their share of system reliability. Today LSEs must procure no less than 115% of the peak hour load. In 2023 and 2024, this will increase to 116% and 117% respectively. Beginning in 2025 a new RA program will be implemented requiring LSEs show capacity to meet their hourly reliability needs, the “PRM” adder is still undetermined.

RE – Renewable Energy – Energy from a source that is not depleted when used, such as wind or solar power.

REC – Renewable Energy Certificate – A REC is the property right to the environmental benefits associated with generating renewable electricity. For instance, homeowners who generate solar electricity are credited with 1 solar REC for every MWh of electricity they produce. Utilities obligated to fulfill an RPS requirement can purchase these RECs on the open market.

RPS – Renewable Portfolio Standard – Law that requires CA utilities and other load serving entities (including CCAs) to provide an escalating percentage of CA qualified renewable power (culminating at 33% by 2020) in their annual energy portfolio.

Silicon Valley Clean Energy Revised: February 7, 2024
4 SB 100 – California Senate Bill 100 established a landmark policy requiring renewable energy and zero-carbon resources supply 100 percent of electric retail sales to end-use customers by 2045.

SMUD – Sacramento Municipality Utility District
SCE – Southern California Edison
SDG&E – San Diego Gas & Electric
TOB – Tariff On-bill – Tariff On-Bill Financing is a model in which utilities use a tariff to enable customers to pay back the cost of a solar panel without credit or income level conditions.

TOU – Time-of-Use Rates – The pricing of delivered electricity based on the estimated cost of electricity during a particular time-block. Time-of-use rates are usually divided into three or four time-blocks per 24 hour period (on-peak, midpeak, off-peak and sometimes super off-peak) and by seasons of the year (summer and winter). Real time pricing differs from TOU rates in that it is based on actual (as opposed to forecasted) prices that may fluctuate many times a day and are weather sensitive, rather than varying with a fixed schedule.

Unbundled RECs – Renewable energy certificates that verify a purchase of a MWH unit of renewable power where the actual power and the certificate are “unbundled” and sold to different buyers.

VPP – Virtual Power Plant – A cloud-based energy supply made up of a collection of an aggregation of distributed energy resources (DERs), such as smart EV chargers, smart thermostats, building energy management systems, battery storage systems, solar PV and smart inverters.
24/7 – Goal of supplying consumer energy demand with 100% carbon-free energy at all hours of the day 1 Resolution 2026-12
RESOLUTION NO. 2026-12

RESOLUTION OF THE BOARD OF DIRECTORS OF SILICON VALLEY CLEAN

ENERGY AUTHORITY COMMENDING DIRECTOR ELLIOT SCOZZOLA FOR HIS

PROMOTION OF COMMUNITY CLEAN ENERGY IN SANTA CLARA COUNTY AND

HIS DEDICATED SERVICE ON THE BOARD OF DIRECTORS OF THE AUTHORITY

ON BEHALF OF THE CITY OF CAMPBELL

THE BOARD OF DIRECTORS OF THE SILICON VALLEY CLEAN ENERGY AUTHORITY HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the Silicon Valley Clean Energy Authority (“SVCEA”) was formed on March 31, 2016, with eleven Cities and Towns and the County of Santa Clara deciding to become the initial members; and
WHEREAS, Elliot Scozzola played an important role as Councilmember in the City of Campbell in promoting community clean energy in Santa Clara County; and WHEREAS, the Campbell City Council appointed Elliot Scozzola as its representative on the Board of Directors of SVCEA, which he has served since 2023; and WHEREAS, Elliot Scozzola served on SVCE’s Executive Committee, Finance and Administration Committee, and 2023, 2024, and 2025 Legislative Ad Hoc committees; and
WHEREAS, Elliot Scozzola supported clean electricity in the City of Campbell, including promoting reach codes, services to go electric and the annual student scholarship competition; and
WHEREAS, the City of Campbell’s renovated all-electric library was championed by Elliot Scozzola; and
WHEREAS, Campbell customers have claimed $210,200 in rebates through the Homes Rebates program; and
NOW, THEREFORE, the Board of Directors of SVCEA hereby commends Elliot Scozzola and expresses its sincere appreciation for his promotion of Community Choice Energy in Santa Clara County and his dedicated service as a member of the Board of Directors of the Authority.

ADOPTED AND APPROVED this 10th day of June 2026, by the following vote:

JURISDICTION NAME AYE NO ABSTAIN ABSENT
City of Campbell Director Hines
City of Cupertino Director Wang
City of Gilroy Director Hilton
Resolution Commending Elliot Scozzola
2 Resolution 2026-12
City of Los Altos Director Meadows
Town of Los Altos Hills Director Tyson
Town of Los Gatos Director Rennie
City of Milpitas Director Barbadillo
City of Monte Sereno Director Mekechuk
City of Morgan Hill Director Martinez Beltran
City of Mountain View Director Showalter
County of Santa Clara Director Lee
City of Saratoga Director Page
City of Sunnyvale Director Klein
Chair
ATTEST:

Secretary
Resolution Commending Elliot Scozzola

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Silicon Valley Clean Energy Authority
Board of Directors Special Meeting
Friday, May 15, 2026
10:00 am
Silicon Valley Clean Energy Office
333 W. El Camino Real, Suite 330
Sunnyvale, CA
Community & Cultural Center
Madron Room
17000 Monterey Rd
Morgan Hill, CA
Hyatt Regency Waikiki Beach Resort
Kou Boardroom, Second Floor in Diamond Head Tower
2424 Kalakaua Avenue
Honolulu, Hawaii

DRAFT MEETING MINUTES
Call to Order:

Chair Klein called the meeting to order at 10:01 a.m.

Roll Call

Present:

Larry Klein (Chair), Sunnyvale
Sally Meadows (Vice Chair), Los Altos
Terry Hines, Campbell (participated remotely)
J.R. Fruen, Cupertino
Maria Ristow, Los Gatos
Garry Barbadillo, Milpitas
Bryan Mekechuk, Monte Sereno
Yvonne Martinez Beltran, Morgan Hill (participated remotely) Pat Showalter, Mountain View
Tina Walia, Saratoga
Otto Lee, Santa Clara County

Absent:

Zach Hilton, Gilroy
George Tyson, Los Altos Hills
Public Comment on Matters Not Listed on the Agenda
Bruce Karney, Mountain View resident, commented on his attendance to the May 14, 2026 Drake Awards at the SETI Institute, the “overview effect”, and William Shatner’s experience visiting space and reflection on environmental impacts from mankind.

Item 1a Draft Minutes: May 15, 2026 Board of Directors Special Meeting

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Consent Calendar (Action)
There were no questions or comments from the Board; there were no requests from the public to speak on any matter on the Consent Calendar.
1a) Approve Minutes of the April 11, 2026, Board of Directors Meeting 1b) Receive March 2026 Treasurer Report
1c) Authorize Chief Executive Officer to Amend Agreement with Creative F5 for Graphic Design and Website Maintenance Services to Add $175,000 for a Total Not to Exceed Amount of $425,000 and Extend Through September 2027
1d) Receive Just Cause and Multijurisdictional Bodies Remote Participation Report 1e) Adopt Resolution 2026-11 Adopting Final Rate Component Pricing for E-ELEC 2.0 Rate Pilot Program and SVCE EV Rate Pilot Program Effective June 1, 2026 1f) Receive March 2026 Decarbonization Strategy and Programs Quarterly Report 1g) Authorize the Chief Executive Officer to Execute Settlement Agreement with Rio Bravo Fresno for Ineligible 2024 Renewable Energy Certificates in the Amount of $161,934 1h) Receive Executive Committee Report
1i) Receive Additional Committees Report
1j) Receive California Community Power Report
MOTION: Director Mekechuk moved and Director Showalter seconded the motion to approve the Consent Calendar, Items 1a through 1j.

The motion carried by verbal roll call vote with Director Hilton and Director Tyson absent.

Regular Calendar
2) CEO Report (Informational)
Monica Padilla, Chief Executive Officer (CEO), addressed the following in her report:
• A thank you to board members who attended the CalCCA Annual Conference May 12 – 14, 2026 in Sacramento, CA and a thank you to Chair Klein and staff who participated on various panels; • Bena Chang, Director of Government and Legislative Affairs, provided a state legislative update; and
• Zoe Elizabeth, Director of Decarbonization Policy and Community Strategies, provided an update on the May 6, 2026 Bay Area Air District (BAAD) Board of Directors meeting, addressed a fact sheet on SVCE Talking Points that was included in the Board meeting packet, and announced a planned electrification event hosted by SVCE on August 31, 2026 for local elected officials.

Board members asked questions on any advocacy efforts that could take place now, if the volatility in the price of natural gas may have an influence on people switching to electrification, and emergency replacement programs to help residents move to all electric and education on potential exemptions.

Board members shared the following comments: Dir. Lee provided additional context on the BAAD Board meeting, and congratulated CEO Padilla on being named one of Silicon Valley Business Journal’s 2026 Women of Influence; Dir. Mekechuk shared his positive experience with heat pump water heaters; Vice Chair Meadows thanked Bruce Karney for his advocacy in support of Rule 9-6; Director Showalter encouraged others to view the Myths vs. Facts Bay Area Air District fact sheet on the BAAD website, and Alt. Dir. Walia thanked staff for the talking points and the support to member agencies on reach codes.

Item 1a Draft Minutes: May 15, 2026 Board of Directors Special Meeting

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Chair Klein opened Public Comment.

No speakers.

Chair Klein closed Public Comment.
3) Select Additional Members for SVCE 2026 Committees (Action) Andrea Pizano, Sr. Executive Assistant and Board Clerk, reviewed the list of members who indicated interest in serving on SVCE’s 2026 committees with open seats as follows:
2026 Executive Committee (1 available seat)

1. Bryan Mekechuk, Monte Sereno
2026 Finance and Administration Committee (2 available seats)

1. Terry Hines, Campbell

2. Margaret Abe-Koga, County of Santa Clara
2026 Audit Committee (2 available seats)

1. Dat Nguyen, Morgan Hill*
*Finance Director for Morgan Hill nominated by Dir. Martinez Beltran Chair Klein opened Public Comment.

No speakers.

Chair Klein closed Public Comment.

Chair Klein inquired if there were other members interested in joining a committee; there were none.

MOTION: Alternate Director Walia moved and Director Martinez Beltran seconded the motion to approve the additional members to serve on SVCE’s 2026 committees as presented by staff.

Board members provided comments on the importance of serving on committees, appreciation for individuals interested and willing to serve on committees, importance of succession planning, and committee make up.

The Board discussed a potential future agenda item for the Executive Committee to consider review and potential modification of SVCE’s Operating Rules and Regulations to address if one person can serve on all committees and consideration of terms of service on committees for succession planning purposes.

The motion carried by roll call vote with Director Hilton and Director Tyson absent. 4) Authorize the Chief Executive Officer to Amend Existing Power Purchase Agreement with Coso Geothermal Power Holdings, LLC and Modify Authorization for Fish Lake Geothermal, LLC for Geothermal Energy (Action)
Zak Liske, Deputy Director of Power Resources, presented a request for the Board to delegate authority to the CEO to make changes to the quantity and dollar authority for two existing geothermal agreements:

Coso Geothermal Power Holdings, LLC, and Fish Lake Geothermal, LLC, via California Community Power (CC Power). Deputy Director of Power Resources Liske reviewed current terms for both projects, proposed power purchase agreement (PPA) terms and amendments, and timeline for next steps.

Staff responded to questions and comments on projected energy use, scarcity of geothermal resources, the three-year extension needed for the Fish Lake project, how the Fish Lake project is permitted, the cost structure of the projects, cost relative to the geothermal portion of SVCE’s portfolio, total geothermal Item 1a Draft Minutes: May 15, 2026 Board of Directors Special Meeting

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of SVCE’s load, clarification on the authority being requested, and importance of confidentiality for negotiations.

The Board discussed the redactions of confidential information in the agreements included in the published meeting packet and purpose for those redactions; CEO Padilla noted all agreements are accessible to Board members by contacting Board Clerk Pizano.

Chair Klein opened Public Comment.

Bruce Karney commented on the non-public information of the Power Charge Indifference Adjustment (PCIA) calculation, appreciation for the Brown Act and transparency in meetings, and importance of keeping confidential documents confined.

Chair Klein closed Public Comment.

MOTION: Director Mekechuk moved and Vice Chair Meadows seconded the motion for the Silicon Valley Clean Energy Board of Directors to delegate authority to the Chief Executive Officer to make changes to the quantity and dollar authority for two existing geothermal agreements as follows:

1. Coso Geothermal Power Holdings, LLC
a) Finalize negotiations and execute Amended and Restated Renewable PPA between SVCE and Coso
b) Delivery term extended by 5 years for a new total term of 20 years with an end date of 12/31/2041
c) Increase contract capacity by a minimum of 2.5 MW and maximum of 5.5 MW, for a new expected quantity of 31.32 MW starting January 1, 2028; and d) Increase the spending authority by $121,246,000 for a new not-to-exceed amount of $452,000,000

2. Fish Lake Geothermal, LLC, via CC Power
a) Increase the contract capacity quantity by 1.19 MW for a new maximum of 3.47 MW; and
b) Increase the spending authority by $25,000,000 for a new not-to-exceed amount of $55,000,000
The motion carried by roll call vote with Director Hilton and Director Tyson absent. 5) Understanding Your Bill and Clean Energy Mailings (Informational) Peyton Parks, Energy Services Manager, and Pamela Leonard, Deputy Director of Marketing and Communications, presented information on customer energy bills and required communications. Energy Services Manager Parks reviewed the following: a sample customer energy bill and charges shown, SVCE’s generation charges, explained the transmission and distribution charges, reviewed a breakdown of the residential electricity rate, shared an example calculation of customer cost savings, and noted solar customers have unique billing situations. Deputy Director of Marketing and Communications Leonard outlined the various notifications sent to customers including new move-in notices, then annual joint rate mailer, and the annual power content label.

Staff responded to questions and comments on bill calculation clarifications, the complexity of solar bills, if PG&E decides what the bill looks like, if PG&E bills are similar to Southern California Edison or San Diego Gas and Electric bills, if the California Public Utilities Commission (CPUC) regulates what the bill Item 1a Draft Minutes: May 15, 2026 Board of Directors Special Meeting

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looks like, how customer communications are sent (digital vs. hard copy), power content label breakdowns and products listed, interest in learning more about solar, the breakdown of the residential electricity rate slide being very useful, PCIA portion of the bill, what customer usage the sample bill presented was based on, income qualified programs, and if there are resources to share on how customers can read their bills.

Chair Klein opened Public Comment.

Bruce Karney provided comments on why customers may think SVCE is an additional charge on their bills, his hope that the billing modernization effort will make it not happen anymore, inquired if bills can be emailed, and inquired how many customers auto-pay their bills.

Chair Klein closed Public Comment.

Board Member Announcements and Future Agenda Items
This item was not heard.

Public Comment on Closed Session
There were no speakers.

Chair Klein announced the Board would convene to Closed Session and return to report out.

The Board convened to Closed Session at 11:48 a.m.

Closed Session
Conference with Legal Counsel – Pending Litigation
Pending litigation pursuant to paragraph (1) of subdivision (d) of Gov. Code Section 54956.9: (Silicon Valley Clean Energy and Central Coast Community Energy v Origis USA LLC; San Luis West Solar LLS; and Does 1 Through 10, inclusive, Case No. 3:25-cv-09319) The Board returned from Closed Session at 12:54 p.m.

Report from Closed Session
Chair Klein announced there was nothing to report.

Adjourn
Chair Klein adjourned the meeting at 12:55 p.m.

ATTEST:
________________________
Andrea Pizano, Board Secretary
Item 1a Draft Minutes: May 15, 2026 Board of Directors Special Meeting 1 TREASURER REPORT
Fiscal Year to Date
As of April 30, 2026
(Preliminary & Unaudited)
Issue Date: June 10, 2026
Table of Contents
Page
Summary 2-3
Statement of Net Position 4
Statement of Revenues, Expenses & Changes in Net Position 5 Statement of Cash Flows 6-7
Actuals to Budget Report 8-12
Monthly Change in Net Position 13
Investments Report 14-15
Customer Accounts and Aging Report 16
Certificate of Compliance 17
SVCE Managed Account & Security Transactions 18-31
Item 1b April 2026 Treasurer Report
2

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Balance Sheet Highlights:
> SVCE operations resulted in a decrease in net position of $1.5 million for the month of April or an increase of $17.1 million for the first seven months of the fiscal year 2025-2026 (FYTD). > Total Net Position decreased to $524.2 million from $525.7 million at the end of March 2026. > SVCE is investing ~99.4% of available funds, recognizing interest/dividend income of $12M FYTD. *Does not yet recognize unspent program dollars
**For reconciliation purposes, budget numbers include actual program expenses and depreciation, excludes GASP 96 expenses.

SVCE Yield-bearing Accounts:

Combined Ending Balance* 608.7 M
Total Interest/Div. Earned FYTD 12.0 M
Average Yield to Maturity** 3.90%
* Includes River Bank accounts - Money Market, Collateral and ICS; CAMP; PFMAM Portfolio ** Average annualized yield for the current month. Investment yields are measured to maturity at market.

SILICON VALLEY CLEAN ENERGY AUTHORITY
Financial Statement Highlights ($ in millions)
April 30, 2026
*** Displays the starting fiscal year net position on Oct. 1, 2025, of $506.9M. 507.1 M 524.2 M
-330 M
-220 M
-110 M
0 M
110 M
220 M
330 M
440 M
550 M
-15 M
-10 M
-5 M
0 M
5 M
10 M
15 M
20 M
25 M
30 M
Oct*** Nov Dec Jan Feb Mar Apr May June July Aug Sept Net Position Change in Net Position Change in Net Position*
Net Position (Right Y-Axes) Mid-Year Budget (Left Y-Axis)** Actual (Left Y-Axes) 585 580 582 593 597 594 597
474 464 468 481 487 486 491
500
350
120
0 50
100
150
200
250
300
350
400
450
500
550
600
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Days Cash on Hand (DCOH)
DCOH Including Unspent Earmarked Funds* DCOH Excluding Unspent Earmarked Funds* Maximum Reserves Target Reserves
Minimum Reserves
$12.0 M

2.0 M 1.8 M 1.8 M 1.9 M

1.9 M

2.1 M

2.0 M

1.9 M

2.3 M 2.0 M

1.8 M

2.2 M

1.8 M

0.0 M

1.5 M

3.0 M

4.5 M

6.0 M

7.5 M

9.0 M

10.5 M

12.0 M
$ 0 K
$ 500 K
$ 1,000 K
$ 1,500 K
$ 2,000 K
$ 2,500 K
$ 3,000 K
$ 3,500 K
$ 4,000 K
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Investment Income*
Actual Cumulative Mid-Year Budget Actual and Accrued Cash Basis Accounting Returns River City Bank
Accounts
8%
California Asset Management
Program (CAMP)
32%
PFM Asset Management Investment
Portfolio
60%
SVCE Accounts
* Earmarked funds are unspent SVCE program and building funds. DCOH Includes rate stabilization funds. January 2026 reflects sizable collection of receivables and $780K of unsettled trades.

DCOH is computed as Cash and cash equivalents plus investments divided by daily budgeted expenditures. An increase in April DCOH reflects a larger account receivables and accrued revenue conversion into cash and cash equivalents. * Accounting returns investment of income includes unrealized mark-to-market gain or loss of the total investment portfolio as per US GAAP; Actual and Accrued Cash Basis excludes mark-to-market gains (losses).

Item 1b April 2026 Treasurer Report
3

Page 3 ends

Summary of Actual Results vs. Adopted Budget (includes allocated but unspent program dollars):
> Operating margin of $32.5 million (or 17%) was significantly above the Mid-Year Budget expectations of $14.1M (or 7%) operating margin for the fiscal year to date. > Fiscal Year to Date (FYTD) Power Supply costs are -11% below Mid-Year Budget. > Retail GWh sales landed -2.3% below Mid-Year Budget for the month of April and -1.6% lower for the FYTD.

Variance Explanation:
$ in millions Actual MY Budget % Dif Actual MY Budget % Dif Main Drivers:

Revenue 16.4 M 17.2 M -5% 192.3 M 193.6 M -1%
Power Supply Cost 16.1 M 21.1 M -24% 159.8 M 179.5 M -11% Operating Margin 0.3 M -3.9 M -108% 32.5 M 14.1 M 130%
Operating Expenses (ex Power) 2.0 M 3.9 M -49% 17.7 M 23.1 M -23% Other Non-Op. Expen. (Income) -1.8 M -1.5 M 18% 0.8 M 0.7 M 12% Net Increase in Available Fund
Balance 0.1 M -6.3 M -101% 13.9 M -9.8 M -242%
Customer Load Statistics:

Total Accounts 285,560
Opt-Out Accounts (Month) 10
Opt-Out Accounts (FYTD) 121
Opt-Up Accounts (Month) 36
Opt-Up Accounts (FYTD) 22
Program Funds:

General Program Fund
CRCR Fund*
Electrification Discount Fund
Nuclear Program Funds
Hanford Program Funds
Building Fund
* Customer Relief and Community Resilience Fund
** The financial results in this report are preliminary and subject to change pending the closing of the books for the fiscal year. $ 5,891,455 $ 5,891,455 $ - $ -
YTD Contributions YTD Expenditures
$ 8,740,312 $ 8,740,312 $ - $ -
$ 613,969
Beginning Balance End Balance
$ 76,714,107 $ 75,133,513
$ 4,297,920 $ -

SILICON VALLEY CLEAN ENERGY AUTHORITY
Financial Statement Highlights** ($ in millions)
April 30, 2026
April Fiscal YTD
April - lower energy consumption under negative margins, combined with reduced energy prices minimized anticipated net loss by $6M. Reflects budgetary transfers to program and building funds offset by investment income.

March - higher customer load combined with extended decline in energy prices, offset by a negative unrealized mtm adjustment of SVCE Investment Portfolio
$ 8,214,310 $ 11,181,995 $ 5,500,000 $ 2,532,315
$ 1,800,000 $ 1,694,661 $ - $ 105,339
October-December - Equalized to actuals during the Mid-Year budget recalibration.

January - higher revenues from improvement in SVCE margins and lower power supply cost.

February - lower customer load combined with reduced energy prices minimized anticipated net loss by $4M.
Contingencies in the budget, underrunning professional services, and lower marketing expenses. Reflects budgetary transfers to program and building funds offset by investment income. Lower energy consumption, partly offset by liquidated damage payments. Lower costs are mostly due to decline in energy/attribute prices and the timing of invoicing. $ 7,251,000 $ 8,831,594
$ 4,911,889

9.4 M

4.1 M 3.7 M

6.4 M
0 M
2 M
4 M
6 M
8 M
10 M
12 M
14 M
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Net Increase in Available Fund Balance
Comparing Actuals to Mid-Year Budget
Power Supply

88.3%
Personnel

5.4% Contract
Services

5.0%
G & A

1.0%
Depreciation

0.3%
YTD Operating Expenses
-12%
-9%
-6%
-3%
0%
3%
6%
9%
12%
270
290
310
330
350
370
Retail Sales - Actual vs Mid-Year Budget (GWh)
Retail Sales Budget (GWh) Retail Sales Actual (GWh)
Load deviation from the Budget (Right Y-Axes)
256,675
256,860
257,179
257,400
257,557
257,762
258,039
27,523
27,553
27,541
27,547
27,559
27,549
27,521

94.0%

94.5%

95.0%

95.5%

96.0%

96.5%

97.0%
-
50,000
100,000
150,000
200,000
250,000
300,000
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Customer Accounts and Participation Rate
Res Accounts Com Accounts Customer Participation (Right Y-Axes) Item 1b April 2026 Treasurer Report
4 Current Assets
Cash & Cash Equivalents* $ 249,825,876
Accounts Receivable, net of allowance 17,260,836
Accrued Revenue 11,274,870
Other Receivables 10,290,275
Prepaid Expenses 4,858,402
Deposits 2,141,470
Investments 81,062,351
Cash equivalents - restricted 1,258,387
Total Current Assets 377,972,467
Noncurrent assets
Investments** 279,842,988
Capital assets, net of depreciation 16,403,354
Total Noncurrent Assets 296,246,342
Total Assets 674,218,809
Current Liabilities
Accrued Cost of Electricity 34,395,700
Accounts Payable 3,155,294
Other accrued liabilities 2,031,419
User Taxes and Energy Surcharges due to other gov'ts 710,900 Information technology subscription liability 620,813
Supplier security deposits 33,000
Total Current Liabilities 40,947,126
Noncurrent Liabilities
Information technology subscription liability 551,088
Supplier security deposits 8,478,125
Total noncurrent liabilities 9,029,213
Total Liabilities 49,976,339
Rate Stabilization Fund 100,000,000
Net investment in capital assets 16,403,354
Restricted for security collateral 1,258,387
Unrestricted (deficit) 506,580,729
Total Net Position $ 524,242,470
* May not account for securities acquired towards the end of the month but not yet paid. ** May include securities acquired towards the end of the month but not yet paid.

NET POSITION

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF NET POSITION
As of April 30, 2026
ASSETS

LIABILITIES

DEFERRED INFLOWS OF RESOURCES
Item 1b April 2026 Treasurer Report
5 OPERATING REVENUES
Electricity Sales, Net $ 189,583,701
GreenPrime electricity premium 1,124,570
Liquidated damages 1,568,402
TOTAL OPERATING REVENUES 192,276,673

OPERATING EXPENSES
Cost of Electricity 159,817,985
Contract services 9,128,236
Staff compensation and benefits 9,796,917
Program incentives 6,032,107
Other operating expenses 1,727,576
Depreciation and amortization 567,412
TOTAL OPERATING EXPENSES 187,070,233
OPERATING INCOME(LOSS) 5,206,440

NONOPERATING REVENUES (EXPENSES)
Investment Income 11,957,453
Financing costs (54,827)
TOTAL NONOPERATING REVENUES (EXPENSES) 11,902,626
CHANGE IN NET POSITION 17,109,066
Net Position at beginning of period 507,133,404
Net Position at end of period $ 524,242,470

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF REVENUES, EXPENSES
October 1, 2025 through April 30, 2026

AND CHANGES IN NET POSITION
Item 1b April 2026 Treasurer Report
6 CASH FLOWS FROM OPERATING ACTIVITIES
Receipts from customers $ 220,281,589
Receipts of liquidated damages 1,568,402
Receipts of wholesale sales 29,084,538
Receipts of deposits and collateral 33,000
Payments to suppliers for electricity (208,991,889)
Payments of security deposits (1,225,781)
Payments for other goods and services (12,405,966)
Payments for program incentives (6,328,879)
Payments for staff compensation and benefits (9,906,650) Tax and surcharge payments to other governments (4,902,432) Net cash provided (used) by operating activities 7,205,932

CASH FLOWS FROM CAPITAL AND RELATED

FINANCING ACTIVITIES
Payments of subscription liability and related interest (605,078) Acquisition of capital assets (1,638,472)
Net cash provided (used) by capital and related
financing activities (2,243,550)

CASH FLOWS FROM INVESTING ACTIVITIES
Investment income received 12,903,722
Proceeds from investment sales 103,294,009
Purchase of investments (185,812,896)
Net cash provided (used) by investing activities (69,615,165) Net change in cash and cash equivalents (64,652,783)
Cash and cash equivalents at beginning of year 315,737,046 Cash and cash equivalents at end of period $ 251,084,263 Reconciliation to the Statement of Net Position
Cash and cash equivalents - unrestricted 249,825,876
Cash equivalents - restricted 1,258,387
Total cash and cash equivalents $ 251,084,263

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF CASH FLOWS
October 1, 2025 through April 30, 2026
Item 1b April 2026 Treasurer Report
7 Operating Income (loss) $ 5,206,440
Adjustments to reconcile operating income to net cash
provided (used) by operating activities
Depreciation expense 567,412
(Increase) decrease in accounts receivable 5,833,184
(Increase) decrease in accrued revenue 19,822,204
(Increase) decrease in other receivables 15,649,173
(Increase) decrease in prepaid expenses (4,012,395)
(Increase) decrease in current deposits (1,254,781)
Increase (decrease) in accrued cost of electricity (32,552,040) Increase (decrease) in accounts payable (210,667)
Increase (decrease) in accrued liabilities (891,095)
Increase (decrease) in taxes and surcharges due to other governments (984,503) Increase (decrease) in supplier security deposits 33,000 Net cash provided (used) by operating activities $ 7,205,932

NONCASH INVESTING ACTIVITIES
Change in fair value of investments $ (911,743)
Change in interest receivable $ (34,526)

RECONCILIATION OF OPERATING INCOME (LOSS) TO NET

CASH PROVIDED (USED) BY OPERATING ACTIVITIES

SILICON VALLEY CLEAN ENERGY AUTHORITY
STATEMENT OF CASH FLOWS (Continued)
October 1, 2025 through April 30, 2026
Item 1b April 2026 Treasurer Report
8 FYTD FYTD FY 2025-26 FY 2025-26
OPERATING REVENUES Actual Mid-Year Budget $ % Mid-Year Budget Remaining Budget Energy Sales $192,193,973 $193,498,806 $ (1,304,833) -1% $335,858,000 $143,664,027 Green Prime Premium 1,124,570 $1,414,052 (289,482) -20% $2,439,000 1,314,430 Customer bill relief (existing CARE/FERA) (2,610,272) (2,616,752) 6,480 0% (4,163,000) - Other Income 1,568,402 1,344,000 224,402 n/a 1,344,000 (224,402) TOTAL OPERATING REVENUES 192,276,673 193,640,106 (1,363,433) -1% 335,478,000 144,754,055

ENERGY EXPENSES
Power Supply 159,817,985 179,536,487 (19,718,502) -11% 311,996,000 152,178,015 Operating Margin 32,458,688 14,103,619 18,355,069 130% 23,482,000 (7,423,960)

OPERATING EXPENSES
Data Management 2,143,828 2,173,496 (29,668) -1% 3,764,000 1,620,172 PG&E Fees 706,967 864,446 (157,479) -18% 1,569,000 862,033 Salaries & Benefits 9,796,852 10,593,757 (796,905) -8% 18,870,000 9,073,148 Professional Services 2,378,930 5,270,082 (2,891,152) -55% 10,645,000 8,266,070 Marketing & Promotions 610,110 1,206,105 (595,995) -49% 2,189,000 1,578,890 General & Administrative 2,083,836 3,035,216 (951,380) -31% 5,647,000 3,563,164 TOTAL OPERATING EXPENSES 17,720,523 23,143,102 (5,422,579) -23% 42,684,000 24,963,477 OPERATING INCOME/(LOSS) 14,738,165 (9,039,483) 23,777,648 -263% (19,202,000) (33,940,165)

NON-OPERATING REVENUES
Investment Income 11,957,453 12,447,165 (489,712) -4% 20,272,000 8,314,547 TOTAL NON-OPERATING REVENUES 11,957,453 12,447,165 (489,712) -4% 20,272,000 8,314,547

NON-OPERATING EXPENSES
Financing 18,489 84,094 (65,605) -78% 166,000 147,511

CAPITAL EXPENDITURES, TRANSFERS,
& OTHER
Capital Outlay 21,475 356,417 (334,942) -94% 611,000 589,525 Building Fund 5,500,000 5,500,000 0% 5,500,000 -
Transfer to Programs Fund 7,251,000 7,251,000 - 0% 7,251,000 - TOTAL OTHER USES 12,772,475 13,107,417 (334,942) -3% 13,362,000 589,525

NET INCREASE(DECREASE) IN AVAILABLE
FUND BALANCE $ 13,904,654 $ (9,783,829) $ 23,688,483 -242% -$12,458,000 -$26,362,654 Variance

SILICON VALLEY CLEAN ENERGY AUTHORITY

BUDGETARY COMPARISON SCHEDULE
October 1, 2025 through April 30, 2026
Item 1b April 2026 Treasurer Report
9 Net Increase (decrease) in available fund balance
per budgetary comparison schedule $ 13,904,654
Adjustments needed to reconcile to the changes
in net position in the Statement of Revenues,
Expenses and Changes in Net Position
Subtract depreciation expense (567,412)
Subract program expense not in operating budget (9,550,902) Add back portion of lease payment applied to reduce lease liability 550,251 Add back transfer to Program funds 12,751,000
Add back capital asset acquisition 21,475
Change in Net Position 17,109,066

SILICON VALLEY CLEAN ENERGY AUTHORITY

BUDGET RECONCILIATION TO STATEMENT OF

REVENUES, EXPENSES AND CHANGES IN NET POSITION
October 1, 2025 through April 30, 2026

OPERATING FUND
Item 1b April 2026 Treasurer Report
10 BUDGET ACTUAL/
REVENUE & OTHER SOURCES: ACTUAL REMAINING BUDGET
Transfers in - General Programs $ 7,251,000 $ 7,251,000 $ - 100.0% Total $ 7,251,000 $ 7,251,000 $ -
EXPENDITURES & OTHER USES:

Program expenditures 28,628,866 8,831,594 19,797,272 30.8% Net increase (decrease) in fund balance $ (21,377,866) $ (1,580,594) Fund balance at beginning of period 76,714,107
Fund balance at end of period $75,133,513

BUDGET ACTUAL/
REVENUE & OTHER SOURCES: ACTUAL REMAINING BUDGET
Transfer from Operating Fund $ - $ - n/a
EXPENDITURES & OTHER USES:

Other program expenditures 963,704 613,969 349,735 63.7% Total Program expenditures 963,704 613,969 349,735
Net increase (decrease) in fund balance $ (963,704) $ (613,969) Fund balance at beginning of period 4,911,889
Fund balance at end of period $4,297,920

SILICON VALLEY CLEAN ENERGY AUTHORITY

BUDGETARY COMPARISON SCHEDULE
October 1, 2025 through April 30, 2026

CUSTOMER RELIEF & COMMUNITY RESILIENCY FUND

GENERAL PROGRAM FUND

BUDGETARY COMPARISON SCHEDULE
October 1, 2025 through April 30, 2026
BUDGET
BUDGET
Item 1b April 2026 Treasurer Report
11 BUDGET ACTUAL/
REVENUE & OTHER SOURCES: BUDGET ACTUAL REMAINING BUDGET Transfer from Operating Fund $ - $ - $ - n/a
EXPENDITURES & OTHER USES:

Program expenditures 500,000 - 500,000 0.0%
Net increase (decrease) in fund balance $ (500,000) 0
Fund balance at beginning of period 8,740,312
Fund balance at end of period $8,740,312

BUDGET ACTUAL/
REVENUE & OTHER SOURCES: BUDGET ACTUAL REMAINING BUDGET Transfer in - Building Fund $ 5,500,000 $ 5,500,000 $ - 100.0% EXPENDITURES & OTHER USES:

Capital outlay 13,714,310 2,532,315
Other building expenditures - -
2,532,315
Net increase (decrease) in fund balance $ (8,214,310) 2,967,685 Fund balance at beginning of period 8,214,310
Fund balance at end of period $11,181,995

BUILDING FUND

BUDGETARY COMPARISON SCHEDULE
October 1, 2025 through April 30, 2026

ELECTRIFICATION DISCOUNT FUND

BUDGETARY COMPARISON SCHEDULE
October 1, 2025 through April 30, 2026
Item 1b April 2026 Treasurer Report
12 BUDGET ACTUAL/
REVENUE & OTHER SOURCES: ACTUAL REMAINING BUDGET
Transfers in - Nuclear Allocation $ - $ -
Transfer in - Hanford Emissions Mitigation Fund $ - $ - $ - n/a Total $ - $ - $ -
EXPENDITURES & OTHER USES:

Program expenditures 1,692,000 - 1,692,000
Net increase (decrease) in fund balance $ (1,692,000) $0 Fund balance at beginning of period 5,891,455
Fund balance at end of period $5,891,455

BUDGET ACTUAL/
REVENUE & OTHER SOURCES: ACTUAL REMAINING BUDGET
Transfers in - Nuclear Allocation $ - $ -
Transfer in - Hanford Emissions Mitigation Fund $ - $ - $ - n/a Total $ - $ - $ -
EXPENDITURES & OTHER USES:

Program expenditures 450,000 105,339 344,661
Net increase (decrease) in fund balance $ (450,000) -$105,339 Fund balance at beginning of period 1,800,000
Fund balance at end of period $1,694,661

HANFORD PROGAM FUNDS

BUDGETARY COMPARISON SCHEDULE
0 BUDGET
BUDGET

NUCLEAR PROGAM FUNDS

BUDGETARY COMPARISON SCHEDULE
October 1, 2025 through April 30, 2026
Item 1b April 2026 Treasurer Report
13 October November December January February March April May June July August September YTD

OPERATING REVENUES
Electricity sales, net $ 38,508,886 $ 35,571,690 $ 39,479,027 $ 23,564,865 $ 18,103,369 $ 18,192,431 $ 16,163,433 $ - $ - $ - $ - $ - $ 189,583,701 Green electricity premium $ 204,210 $ 186,390 $ 198,040 $ 232,605 $ 103,245 $ 96,962 $ 103,118 $ - $ - $ - $ - $ - 1,124,570 Liquidated damages $ 5,750 $ 21,750 $ 1,316,832 $ 4,707 $ - $ 74,155 $ 145,208 $ - $ - $ - $ - $ - 1,568,402 Other Income $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - - Total operating revenues 38,718,846 35,779,830 40,993,899 23,802,177 18,206,614 18,363,548 16,411,759 - - - - - 192,276,673

OPERATING EXPENSES
Cost of electricity 28,412,034 $ 27,405,294 $ 29,131,307 $ 23,128,183 $ 18,628,678 $ 16,999,700 $ 16,112,789 $ - $ - $ - $ - $ - 159,817,985 Staff compensation and benefits 1,276,785 $ 1,267,182 $ 1,428,500 $ 1,908,905 $ 1,209,410 $ 1,526,527 $ 1,179,608 $ - $ - $ - $ - $ - 9,796,917 Data manager 301,259 $ 299,868 $ 300,270 $ 300,775 $ 317,087 $ 313,631 $ 310,938 $ - $ - $ - $ - $ - 2,143,828 Service fees - PG&E 100,223 $ 100,352 $ 100,467 $ 100,683 $ 103,451 $ 100,884 $ 100,907 $ - $ - $ - $ - $ - 706,967 Consultants and other professional fees 899,290 $ 895,784 $ 816,525 $ 729,493 $ 1,136,993 $ 984,553 $ 814,803 $ - $ - $ - $ - $ - 6,277,441 Program incentives 1,146,022 $ 394,408 $ 1,199,900 $ 946,795 $ 827,031 $ 711,957 $ 805,994 $ - $ - $ - $ - $ - 6,032,107 Other operating expenses 279,315 $ 291,015 $ 298,184 $ 335,692 $ 146,217 $ 151,979 $ 225,174 $ - $ - $ - $ - $ - 1,727,576 Depreciation 79,605 $ 79,605 $ 79,605 $ 79,604 $ 79,605 $ 79,605 $ 89,783 $ - $ - $ - $ - $ - 567,412 Total operating expenses 32,494,533 30,733,508 33,354,758 27,530,130 22,448,472 20,868,836 19,639,996 - - - - - 187,070,233 Operating income (loss) 6,224,313 5,046,322 7,639,141 (3,727,953) (4,241,858) (2,505,288) (3,228,237) - - - - - 5,206,440

NONOPERATING REVENUES (EXPENSES)
Grant income - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - - Interest income 1,865,552 $ 2,295,828 $ 2,025,849 $ 1,780,985 $ 2,212,151 $ (10,983) $ 1,788,071 $ - $ - $ - $ - $ - 11,957,453 Financing costs (3,797) $ (7,922) $ (5,626) $ (5,696) $ (6,879) $ (4,984) $ (19,923) $ - $ - $ - $ - $ - (54,827) Total nonoperating revenues (expenses) 1,861,755 2,287,906 2,020,223 1,775,289 2,205,272 (15,967) 1,768,148 - - - - - 11,902,626 CHANGE IN NET POSITION $ 8,086,068 $ 7,334,228 $ 9,659,364 $ (1,952,664) $ (2,036,586) $ (2,521,255) $ (1,460,089) $ - $ - $ - $ - $ - $ 17,109,066

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF REVENUES, EXPENSES

AND CHANGES IN NET POSITION
October 1, 2025 through April 30, 2026
Item 1b April 2026 Treasurer Report
14 Ending Balance of SVCE Accounts: Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts $ 40,453,602 $ 39,908,498 $ 40,045,114 $ 49,361,301 $ 49,273,772 $ 49,141,316 $ 50,108,130 $ - $ - $ - $ - $ - California Asset Management Program (CAMP) $ 204,479,801 $ 198,168,622 $ 198,832,731 $ 199,483,109 $ 200,068,872 $ 200,713,749 $ 201,337,885 $ - $ - $ - $ - $ - PFM Asset Management Investment Portfolio $ 361,652,377 $ 359,561,190 $ 360,891,157 $ 362,655,540 $ 366,506,845 $ 362,660,064 $ 363,691,715 $ - $ - $ - $ - $ - Total Ending Balance $ 606,585,779 $ 597,638,310 $ 599,769,003 $ 611,499,950 $ 615,849,488 $ 612,515,129 $ 615,137,730 $ - $ - $ - $ - $ - Return On Investments:

Annual % Yield Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts* 3.92% 3.70% 4.07% 4.03% 3.98% 3.90% 3.86% California Asset Management Program (CAMP) 4.26% 4.10% 3.95% 3.85% 3.83% 3.80% 3.78% PFM Asset Management Investment Portfolio ** 3.90% 3.82% 3.74% 3.77% 3.67% 4.01% 3.98% Average Return On Investments: 4.02% 3.91% 3.83% 3.82% 3.75% 3.93% 3.90% * Excludes non-interest bearing RCB checking account
** Yield to Maturity at Market.

Accounting Returns Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts $ 20,457 $ 13,570 $ 56,716 $ 81,302 $ 94,616 $ 114,779 $ 101,389 $ - $ - $ - $ - $ - California Asset Management Program (CAMP) $ 825,532 $ 688,821 $ 664,109 $ 650,378 $ 585,763 $ 644,877 $ 624,136 $ - $ - $ - $ - $ - Other Interest Income $ 4,447 $ 3,138 $ 1,919 $ 1,907 $ 1,858 $ 1,670 $ 1,844 $ - $ - $ - $ - $ - PFM Asset Management Investment Portfolio * $ 1,017,502 $ 1,590,299 $ 1,303,104 $ 1,047,398 $ 1,529,914 $ (772,308) $ 1,060,702 $ - $ - $ - $ - $ - Total Interest and Investment Gains $ 1,867,938 $ 2,295,828 $ 2,025,848 $ 1,780,985 $ 2,212,151 $ (10,982) $ 1,788,071 $ - $ - $ - $ - $ - * Includes change in current market value (month over month), accrued interest and money market dividends (as per US GAAP).

Actual and Accrued Cash Basis Returns Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts $ 20,457 $ 13,570 $ 56,716 $ 81,302 $ 94,616 $ 114,779 $ 101,389 $ - $ - $ - $ - $ - Camp Pool Composition (based on market value): $ 825,532 $ 688,821 $ 664,109 $ 650,378 $ 585,763 $ 644,877 $ 624,136 $ - $ - $ - $ - $ - Other Interest Income $ 4,447 $ 3,138 $ 1,919 $ 1,907 $ 1,858 $ 1,670 $ 1,844 $ - $ - $ - $ - $ - PFM Asset Management Investment Portfolio * $ 1,111,671 $ 1,125,280 $ 1,086,434 $ 1,159,987 $ 1,171,497 $ 1,343,275 $ 1,313,730 $ - $ - $ - $ - $ - Total Interest and Investment Gains $ 1,962,107 $ 1,830,809 $ 1,809,178 $ 1,893,575 $ 1,853,734 $ 2,104,600 $ 2,041,100 $ - $ - $ - $ - $ - * Includes interest/dividends/coupons received, net realized gains/losses and monthly change in accrued interest.

CAMP Portfolio Statistics
As of April 30, 2026
Beginning of the Month Market Value $ 200,713,749
Ending of The Month Market Value $ 201,337,885
Monthly Distribution Yield 3.78% Weighted Average Maturity (days) 54 SVCE Investment Policy:
https://svcleanenergy.org/wp-content/uploads/FP-08_Investments.pdf

SILICON VALLEY CLEAN ENERGY AUTHORITY
INVESTMENTS SUMMARY October 1, 2025 through April 30, 2026 Item 1b April 2026 Treasurer Report
15 PFM Portfolio Statistics
As of April 30, 2026
Portfolio Par Value $ 362,590,884
Portfolio Market Value (icl. Accrued Interest) $ 362,660,064 Yield to Maturity at Cost 4.07%
Yield to Maturity at Market 3.98%
Benchmark Yield* 3.75%
Portfolio Effective Duration (years) 1.33 Weighted Average Maturity (days) 690 *ICE BofA 0-3 Year U.S. Treasury Index
*This information is expected to be updated next month
Security Type Jun-25 % of Total Sep-25 % of Total Dec-25 % of Total Mar-26 % of Total Apr-26 % of Total U.S. Treasury $ 99.8 36% $ 100.8 27% $137.4 38% $121.1 34% $116.7 32% Agency CMBS $ 24.1 9% $ 23.5 6% $22.5 6% $21.6 6% $21.1 6% Supranational $ 0.9 0% $ 0.9 0% $0.9 0% $0.9 0% $0.9 0% Negotiable CD $ 9.7 4% $ 13.7 4% $14.7 4% $17.4 5% $20.0 6% Commercial Paper $ 13.8 5% $ 12.1 3% $31.9 9% $24.7 7% $27.7 8% Corporate Notes $ 73.9 27% $ 75.2 20% $86.8 24% $105.4 29% $105.6 29% ABS $ 52.8 19% $ 75.2 20% $63.8 18% $67.2 19% $68.9 19% Joint Powers Authority $ 1.4 1% $ 75.2 20% $0.6 0% $1.8 0% $0.3 0% Total $ 276.4 100% $ 376.6 100% $358.6 100% $360.1 100% $361.2 100% SVCE Investment Policy:
https://svcleanenergy.org/wp-content/uploads/FP-08_Investments.pdf

SILICON VALLEY CLEAN ENERGY AUTHORITY
INVESTMENTS SUMMARY (Continued) October 1, 2025 through April 30, 2026 Sector Allocation Review

12.26%

10.26%

34.17%

31.28%

6.47% 5.56%

0.00%
0%
5%
10%
15%
20%
25%
30%
35%
40%
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years Maturity Distribution
U.S. Treasury Bond
/ Note
32%
Commercial Paper
8%
CAMP Pool
0%
Federal Agency Com MBS
6%
Supra-National
Agency
0%
Corp. & Bank Notes
29%
Certificate of Deposit
6%
Asset-Backed
Security
19%
SVCE PFM Portfolio Investments
AAA
14%
AAAm
0%
AA+
39%
AA
2%
AA-4%
A+
7%
A
9%
A-4%
A-1
13%
BBB+
2%
Not Rated
6%

CREDIT QUALITY - S&P
*
Item 1b April 2026 Treasurer Report
16 October November December January February March April May June July August September YTD Retail Sales Actual (GWh) 330.4 320.7 354.3 349.2 310.5 326.7 300.1 2,292 Retail Sales Budget (GWh) 330.4 320.7 354.3 359.4 335.7 321.8 307.1 305.2 319.1 342.7 350.3 345.9 2,329 Load deviation from the Budget (Right Y-Axes)0.0% 0.0% 0.0% -2.8% -7.5% 1.5% -2.3% -1.6% Customer Participation Rate Res 96.3% 96.3% 96.3% 96.3% 96.3% 96.3% 96.3% Customer Participation Rate Com 96.5% 96.4% 96.5% 96.5% 96.3% 96.3% 96.4% Total Accounts 284,198 284,413 284,720 284,947 285,116 285,311 285,560 285,560 Opt-Out Accounts 14 17 15 19 23 23 10 121
Opt-Up Accounts -7 -6 -6 0 -2 7 36 22

0.06 22.01
SVCE Arrearager Total for customers 31+ days late and 120+ days late Age Summary (as of 5/1/2026) Date Amount
<30 days $14,183,520 High 11/29/2021 $7.99M
<60 days $967,197 Low 4/17/2020 $2.54M
<90 days $712,988 Current 5/1/2026 $6.0 M
<120 days $579,372
Older $3,786,922

April 2026 FYTD
Bad Debt % (Budget )

0.75%
Bad Debt % (Actual)

0.43%

SILICON VALLEY CLEAN ENERGY AUTHORITY

RETAIL SALES, CUSTOMER ACCOUNTS AND AGING REPORT
Accounts Receivable Days
22 Days
$20,229,999

TOTAL DUE
• Green arrow indicates receipt
of $1.3M in Federal CAPP
funds.
• An additional $717K in CAPP
funding provided in Winter
2023.
• Growth at red arrow indicates
short-term PG&E billing-hold
issue in Fall 2022 that was
quickly resolved.
• Blue arrow marks the
distribution of SVCE One-Time
Customer Bill Credit
'17-'18 '18-'19 '19-'20 '20-'21 21-'22 22-'23 23-'24 24-'25 25-'26 Total (L Axes) 0.3 M 0.4 M 0.4 M 0.6 M 0.9 M 1.5 M 1.5 M 1.6 M 0.8 M % Revenue 0.12% 0.14% 0.14% 0.25% 0.23% 0.33% 0.29% 0.33% 0.43% Av./Month (R Axes) $25,713 $34,773 $34,599 $53,288 $73,833 $123,729 $128,286 $131,153 $117,135 $-
$30,000
$60,000
$90,000
$120,000
$150,000
$180,000
$210,000
$240,000

0.0 M

0.2 M

0.4 M

0.6 M

0.8 M

1.0 M

1.2 M

1.4 M

1.6 M

1.8 M
SVCE Write-offs By Fiscal Year
-1 M
1 M
3 M
5 M
7 M
9 M
11 M
13 M
15 M
>120 Days 31+ Days
Item 1b April 2026 Treasurer Report
17 Item 1b April 2026 Treasurer Report
18 Item 1b April 2026 Treasurer Report
19 Item 1b April 2026 Treasurer Report
20 Item 1b April 2026 Treasurer Report
21 Item 1b April 2026 Treasurer Report
22 Item 1b April 2026 Treasurer Report
23 Item 1b April 2026 Treasurer Report
24 Item 1b April 2026 Treasurer Report
25 Item 1b April 2026 Treasurer Report
26 Item 1b April 2026 Treasurer Report
27 Item 1b April 2026 Treasurer Report
28 Item 1b April 2026 Treasurer Report
29 Item 1b April 2026 Treasurer Report
30 Item 1b April 2026 Treasurer Report
31 Item 1b April 2026 Treasurer Report

Page 1 of 3 ends

Staff Report – Item 1c
Item 1c: Authorize the Chief Executive Officer to Execute an Agreement with Ecology Action for an Electric Vehicle Charging Technical Assistance Program with a Not to Exceed Limit of $900,000 Over a Three-Year Term
From: Monica Padilla, CEO
Prepared by: Justin Zagunis, Director of Customer Success Hannah Gustafson, Programs Lead
Date: 6/10/2026

RECOMMENDATION
Staff recommends the Silicon Valley Clean Energy (SVCE) Board of Directors (Board) authorize the Chief Executive Officer (CEO) to execute the attached agreement (Attachment 1) with Ecology Action with non-substantive changes approved by the CEO and subject to final review and approval by General Counsel. The agreement provides electric vehicle charging technical assistance to multifamily and small/medium business customers for a period of three years, with a not-to-exceed amount of $900,000.

BACKGROUND
From April 2020 through June 2025, SVCE offered a no-cost EV charging technical assistance program to multifamily and commercial customers to accelerate EV charging deployment throughout the service territory.

Implemented by CLEAResult, this program provided a full range of support for customers planning an EV charging installation, including on-site assessments, project design, contractor bid support, and assistance with applying for incentives. The program was designed to provide an entry point and guidance to multifamily and small business customers with a greater need for support through the often-complex project planning and installation process. This first iteration of the program provided 112 site solution reports to customers and contributed to the installation of over 200 EV charging ports, either installed or currently in progress. This program also provided many learnings to SVCE staff and informed the development and evolution of SVCE’s EV Charging Rebate program, which launched in 2022.

As the contract with CLEAResult sunset in 2025, SVCE staff leveraged these learnings to iterate and scale three core transportation electrification programs. In January 2026, the Board approved a reallocation of $7.2 million from the existing transportation electrification programs budget to expand Electric Vehicle (“EV”) Rebates (+$1M), EV Charging Rebates (+$5.1M), and EV Charging Technical Assistance (+$1.1M) (SVCE Board of Directors Meeting, January 14, 2026, Item 6). The next phase of the EV Charging Rebates Program will continue to focus on multifamily EV charging installations while also expanding into workplaces and public locations. Relaunching an EV Charging Technical Assistance Program will provide a critical, supportive entry point to reach more customers and focus on vendor-neutral solutions that reduce project and charging costs for SVCE’s customers. This contract with Ecology Action is the implementation approach for the EV Charging Technical Assistance budget that was approved by the Board in January.

ANALYSIS & DISCUSSION
To date, SVCE's transportation electrification programs have largely focused on addressing key barriers to EV adoption by helping multifamily residents access affordable, convenient home charging. Over the last six years, SVCE has tested and learned from the types of rebates and technical assistance that are critical to driving EV charging installations, especially for multifamily properties. High EV charging project costs are the Item 1c
Agenda Item: 1c Agenda Date: 6/10/2026

Page 2 of 3 ends

most significant barrier, and incentives are critical to help most property owners overcome these. Some property owners already have relationships with charging installers and participate in the rebate program directly. Many other property owners need technical assistance to provide an on-ramp for independent guidance on cost-saving strategies, billing management options, and warm connections to installers and incentives.

Additionally, right-sizing EV charging for long dwell-time locations can reduce project costs and serve most people’s daily driving needs. Lower-powered EV charging options, such as Level 1 and low-power Level 2, are typically more affordable than full-power Level 2 charging stations, and they reduce grid strain and avoid service upgrades. SVCE’s technical assistance program will continue to emphasize these approaches, if they fit with the site’s needs and existing infrastructure, and therefore needs a consultant to perform this work who can address these topics clearly and compellingly.

In the previous technical assistance program, SVCE faced some challenges with customer recruitment and customer dropouts before installations were completed. In the next iteration of the technical assistance program, SVCE aims to improve outreach to underserved multifamily properties and small businesses, particularly sites with limited historical participation (e.g., “Mom & Pop” property owners, affordable housing operators, and broader geographic representation). The new program will also continue to promote and emphasize lower-cost charging solutions, including right-sizing and, where feasible, direct-wiring to tenant meters. To keep customers moving through to installation, the program is being designed with a much stronger link between the technical assistance, trade allies, and SVCE rebates, helping get these projects across the finish line and scale new installations.

Consultant Selection
SVCE has selected Ecology Action as the consultant for this work based on a recent, similar competitive solicitation issued and completed by Peninsula Clean Energy (PCE). In May 2025, SVCE was invited to participate in PCE’s Request for Proposal (RFP) review committee for its similar EV charging technical assistance services program, alongside staff from Marin Clean Energy (MCE), San Jose Clean Energy, and the City of Palo Alto Utilities. In September 2025, the panel unanimously selected Ecology Action as the strongest proposal based on their experience, depth of expertise, and successful track record implementing related programs for underserved multifamily properties and small businesses. Leveraging selections made in recent, similar solicitations from comparable organizations is often referred to as “piggybacking” and is widely used by government agencies to avoid duplicating related solicitation efforts and use staff time most effectively. PCE’s solicitation process meets with SVCE procurement standards. Ecology Action included in their response to PCE a willingness to offer comparable terms, inclusive of price, to SVCE.

Ecology Action is a Santa Cruz-based not-for-profit organization that implements energy and electrification projects to equity communities in multifamily and commercial sectors across California. The organization is a leader in EV charging deployment for multifamily properties through its implementation of tens of millions of dollars in California Energy Commission REACH grants and PG&E’s Multifamily and Small Business EV Charging Direct Install Program. Ecology Action is highly experienced in right-sizing EV charging projects, particularly for hard-to-reach properties such as affordable housing. They are currently the EV charging subcontractor for SVCE’s Multifamily Retrofits Program, which provides no-cost building electrification and EV charging installations for deed-restricted affordable housing in SVCE territory.

SVCE’s scope of work with Ecology Action is included in Exhibit A of the proposed agreement (Attachment 1).

Staff requests the Board to approve the attached agreement with non-substantive changes approved by the CEO and subject to final review by General Counsel. The $900,000 contract scope contains many of the core technical assistance services from the previous program and aims to support 80-120 new customers over the next three years. Ecology Action will offer on-site evaluations, contractor selection and bidding support, and support with incentive applications. This contract also includes scope for lead generation and marketing to increase participation in the expanded SVCE EV Charging Rebate program.

Item 1c
Agenda Item: 1c Agenda Date: 6/10/2026

Page 3 of 3 ends

STRATEGIC PLAN
The EV Charging Technical Assistance Program supports SVCE’s Strategic Plan Goal 7: To support all SVCE communities to decarbonize through local investments that reduce barriers and demonstrate sensible, scalable, and equitable solutions.

ALTERNATIVE
SVCE could pursue alternative program designs or decide not to proceed with any technical assistance support; both would be reversals from the approach approved by the Board in January. Or SVCE could pursue this same scope of work but issue its own solicitation and review process for EV charging technical assistance services. However, this alternative would delay the availability of technical assistance services and is unlikely to yield a different outcome based on learnings from SVCE's participation in PCE’s recent solicitation review committee. SVCE staff does not have the expertise to administer the full suite of assistance included in this contract for the target volume of participants, so if taken in-house the quality of support would be lower and staff would need to reprioritize time away from other programmatic activities.

FISCAL IMPACT
There is no fiscal impact associated with executing this agreement, as these funds have already been authorized and committed by the Board in January 2026 to fund an EV charging technical assistance program.

The expenditure of these funds will be appropriately reflected in ongoing budget and financial forecasts.

ATTACHMENT

1. Agreement between SVCE and Ecology Action for Electric Vehicle Charging Technical Assistance Services Item 1c
1/2026 Version 1.0

AGREEMENT BETWEEN THE SILICON VALLEY CLEAN ENERGY AUTHORITY AND

ECOLOGY ACTION
FOR

ELECTRIC VEHICLE CHARGING TECHNICAL ASSISTANCE SERVICES THIS AGREEMENT (“Agreement”), is entered into this Click here to enter DAY. day of ENTER MONTH., ENTER YEAR., by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY, an independent public agency, ("Authority"), and ECOLOGY ACTION, 501(c)(3) environmental nonprofit (hereinafter referred to as "Consultant") (collectively referred to as the “Parties” and individually as a “Party”).

RECITALS:

A. Authority is an independent public agency duly organized under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) with the power to conduct its business and enter into agreements.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement pursuant to the terms and conditions described herein.

C. Authority and Consultant desire to enter into an agreement for electric vehicle technical assistance services upon the terms and conditions herein.

NOW, THEREFORE, the Parties mutually agree as follows:

1. TERM
The term of this Agreement shall commence on Click here to enter beginning of term., and shall terminate on Click here to enter end of term., unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A" pursuant to the schedule of performance set forth in Exhibit "B," both of which are attached hereto and incorporated herein by this reference.

3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed Nine Hundred Thousand Dollars ($900,000.00) based on the rates and terms set forth in Exhibit "C," which is attached hereto and incorporated herein by this reference.

4. TIME IS OF THE ESSENCE
Consultant and Authority agree that time is of the essence regarding the performance of this Agreement.

Item 1c
Attachment 1
1/2026 Version 1.0

5. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards of specially trained professionals in the San Francisco Bay Area under similar circumstances and in a manner reasonably satisfactory to Authority and agrees that all services shall be performed by qualified and experienced personnel. Consultant shall be responsible to Authority for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to Authority by redoing the professional work and/or revising the work product(s) called for in the Scope of Services to eliminate the errors.

Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by Authority, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, Authority may deduct the cost of such correction from any retention amount held by Authority or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

6. INDEPENDENT PARTIES
Authority and Consultant intend that the relationship between them created by this Agreement is that of an independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by Authority to its employees, including but not limited to, unemployment insurance, workers’ compensation plans, vacation and sick leave are available from Authority to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. Consultant shall indemnify and hold harmless Authority and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of Authority officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. Authority shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Authority from Consultant as a result of Consultant’s failure to promptly pay to Authority any reimbursement or indemnification arising under this section.

7. NO RECOURSE AGAINST CONSTITUENT MEMBERS OF AUTHORITY Authority is organized as a Joint Powers Authority in accordance with the Joint Powers Act of the State of California (Government Code Section 6500 et seq.) pursuant to a Joint Powers Agreement dated March 31, 2016, and is a public entity separate from its constituent members.

Authority shall solely be responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. Consultant shall have no rights and shall not make any claims, take any actions or assert any remedies against any of Authority’s constituent members in connection with this Agreement.

8. NON-DISCRIMINATION
In the performance of this Agreement, Consultant, and any subconsultant under the Consultant, shall not discriminate against any employee, subcontractor or applicant for Item 1c
Attachment 1
1/2026 Version 1.0
employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation, military or veteran status, or other basis prohibited by law, except as provided in Government Code section 12940. Consultant shall have responsibility for compliance with this Section.

9. HOLD HARMLESS AND INDEMNIFICATION
A. General Indemnification. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify Authority and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those Authority agents serving as independent contractors in the role of Authority officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

B. Intellectual Property Indemnification. Consultant hereby certifies that it owns, controls, or licenses and retains all right, title, and interest in and to any intellectual property it uses in relation to this Agreement, including the design, look, feel, features, source code, content, and other technology relating to any part of the services and including all related patents, inventions, trademarks, and copyrights, all applications therefor, and all trade names, service marks, know how, and trade secrets (collectively referred to as “IP Rights”), except as otherwise expressly provided by this Agreement. Consultant warrants that the services to be provided pursuant to this Agreement do not infringe, violate, trespass, or constitute the unauthorized use or misappropriation of any IP Rights of any third party. Consultant shall indemnify, defend, and hold Indemnitees, harmless from and against any Liabilities by a third party that the services to be provided pursuant to this Agreement infringe or violate any third-party’s IP Rights, provided any such right is enforceable in the United States. Such costs and expenses shall include reasonable attorneys’ fees of counsel of Authority’s choice, expert fees and all other costs and fees of litigation.

C. The acceptance of the services by Authority shall not operate as a waiver of these rights of indemnification. The hold harmless and indemnification provisions of this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability.

D. Consultant’s indemnifications and obligations under this section shall survive the expiration or termination of this Agreement.

Item 1c
Attachment 1
1/2026 Version 1.0

10. INSURANCE
A. General Requirements. On or before the commencement of the term of this Agreement, Consultant shall furnish Authority with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D," which is attached hereto and incorporated herein by this reference. Such insurance and certificates, which do not limit Consultant’s indemnification obligations under this Agreement, shall also contain substantially the following statement:
"Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the Authority by certified mail, Attention: Chief Executive Officer." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to Authority and licensed to do insurance business in the State of California.

Endorsements naming the Authority as additional insured shall be submitted with the insurance certificates.

B. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her/its insurance for recovery. Consultant hereby grants to Authority, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or Authority with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of Consultant may acquire against Authority by virtue of the payment of any loss under such insurance.

C. Failure to Secure or Maintain Insurance. If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, Authority shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

D. Additional Insured. Authority, its members, officers, employees and volunteers shall be named as additional insureds under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

E. Sufficiency of Insurance. The insurance limits required by Authority are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant.

F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.

Item 1c
Attachment 1
1/2026 Version 1.0

11. CONFLICT OF INTEREST
Consultant warrants that it, its officers, employees, associates and subcontractors, presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it, its officers, employees, associates and subcontractors, will not employ any person having such an interest.

Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the Authority Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this section into any subcontract that Consultant executes in connection with the performance of this Agreement. Consultant understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff Authority, as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.

12. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of Authority. Any attempt to do so without such consent shall be null and void, and any assignee, sublessee, pledgee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from Authority under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to Authority by Consultant.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation.

13. SUBCONTRACTOR APPROVAL
Unless prior written consent from Authority is obtained, only those persons and subcontractors whose names are attached to this Agreement shall be used in the performance of this Agreement.

In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance in substantial conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.

Consultant agrees to include within their subcontract(s) with any and all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance Item 1c
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requirements, to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Consultant shall agree to be bound to Consultant and Authority in the same manner and to the same extent as Consultant is bound to Authority under this Agreement. Subcontractors shall agree to include these same provisions within any sub-subcontract. Consultant shall provide a copy of the Indemnity and Insurance provisions of this Agreement to any subcontractor. Consultant shall require all subcontractors to provide valid certificates of insurance and the required endorsements prior to commencement of any work and will provide proof of compliance to Authority.

14. REPORTS
A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of Authority. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to Authority the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of Authority, and all publication rights are reserved to Authority. Consultant may retain a copy of any Report furnished to the Authority pursuant to this Agreement.

B. All Reports prepared by Consultant may be used by Authority in execution or implementation of: (1) The original project for which Consultant was hired; (2) Completion of the original project by others; (3) Subsequent additions to the original project; and/or (4) Other Authority projects as Authority deems appropriate in its sole discretion.

C. Consultant shall, at such time and in such form as Authority may require, furnish reports concerning the status of services required under this Agreement.

D. All Reports shall also be provided in electronic format, both in the original file format (e.g., Microsoft Word) and in PDF format.

E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement that has not been publicly released shall be made available to any individual or organization by Consultant without prior approval by Authority.

F. Authority shall be the owner of and shall be entitled upon request to immediate possession of accurate reproducible copies of Reports or other pertinent data and information gathered or computed by Consultant prior to termination of this Agreement or upon completion of the work pursuant to this Agreement.

15. RECORDS
Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by Authority that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of the services and costs. All such records shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of Authority or its designees at all proper times, and gives Authority the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a minimum period of five (5) years after Consultant receives final payment from Authority for all services required under this agreement
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16. PARTY REPRESENTATIVES
The Chief Executive Officer (“Authority Representative”) shall represent the Authority in all matters pertaining to the services to be performed under this AgreementJane McClellan, Vice President, Ecology Action (Consultant Representative”) shall represent Consultant in all matters pertaining to the services to be performed under this Agreement.

17. CONFIDENTIAL INFORMATION AND DOCUMENTS
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by Authority. Authority shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the Authority Representative or unless requested in writing by the Authority’s General Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the Authority. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives Authority notice of such court order or subpoena.

B. Consultant shall promptly notify Authority should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Authority. Authority may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Authority and to provide Authority with the opportunity to review any response to discovery requests provided by Consultant. However, Authority’s right to review any such response does not imply or mean the right by Authority to control, direct or rewrite the response.

C. It is understood that Authority is subject to the California Public Records Act (Gov.

Code § 7920.000 et seq.). If a request under the California Public Records Act is made to view any documents Consultant provided to Authority, Authority shall notify Consultant of the request and the date that such records will be released to the requester unless Consultant obtains a court order enjoining that disclosure. If Consultant fails to obtain a court order enjoining that disclosure, Authority will release the requested information on the date specified.

D. In the event Authority gives Consultant written notice of a “litigation hold” or request under the Public Records Act, then as to all data identified in such notice or request, Consultant shall, at no additional cost to Authority, isolate and preserve all such data pending receipt of further direction from the Authority.

E. Consultant agrees to comply with the confidentiality and data protection provisions set forth in Exhibit “E,” attached hereto and incorporated herein by this reference.

F. Consultant’s covenants under this section shall survive the expiration or termination of this Agreement.

18. NOTICES
Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and Item 1c
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Authority’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

NOTICES TO AUTHORITY:
333 W. El Camino Real
Suite 330
Sunnyvale CA 94087
Attention: Chief Executive Officer
INVOICES TO AUTHORITY:
[email protected]
TO CONSULTANT:

Jane McClellan
Ecology Action
877 Cedar Street, Suite 240
Santa Cruz, CA 95060

19. TERMINATION
In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified (which shall be determined by the Authority but shall be not less than 10 days) and according to the requirements set forth in Authority’s written notice of default, and in addition to any other remedy available to the Authority by law, the Authority Representative may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The Authority Representative shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance.

In the event of Authority’s termination of this Agreement due to no fault or failure of performance by Consultant, Authority shall pay Consultant for services satisfactorily performed up to the effective date of termination. Upon termination, Consultant shall immediately deliver to the Authority any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the property of Authority.

Consultant shall have no other claim against Authority by reason of such termination, including any claim for compensation.

20. COMPLIANCE WITH LAWS
Consultant shall keep itself informed of all applicable federal, state and local laws, ordinances, codes, regulations and requirements which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations, including, but not limited to the Americans with Disabilities Act, the Stored Communications Act, 18 U.S.C. Section 2701, Item 1c
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et seq., California Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100 et seq. Authority, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.

Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to Authority that it has all licenses, permits, certificates, qualifications, and approvals required by law to provide the services and work required to perform services under this Agreement, including a business license. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

21. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State of California. The Agreement and obligations of the Parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Santa Clara, State of California.

22. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from Authority to do otherwise.

23. WAIVER
A waiver by Authority of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

24. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by a written document signed by both Authority and Consultant.

25. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have the legal Authority and authority to do so on behalf of their respective legal entities.

26. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either Item 1c
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Party.

27. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

28. AUTHORITY’S RIGHTS TO EMPLOY OTHER CONSULTANTS
Authority reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.

29. EXHIBITS
The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.

30. FORCE MAJEURE
Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in Authority’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

31. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of Authority from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of Authority’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by Authority shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by Authority for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

32. ATTORNEY FEES
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

33. SEVERABILITY
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If any provision in this Agreement is held by a court of competent jurisdiction to be illegal, invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

34. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement shall be binding on the successors and assigns of the Parties to this Agreement.

35. NO THIRD PARTY BENEFICIARIES INTENDED
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

36. COUNTERPARTS; FACSIMILE/PDF/ELECTRONIC SIGNATURE
This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument. The Parties agree that a facsimile, PDF or electronic signature may substitute for and have the same legal effect as the original signature.

37. DRAFTING PARTY
This Agreement shall be construed without regard to the Party that drafted it. Any ambiguity shall not be interpreted against either Party and shall, instead, be resolved in accordance with other applicable rules concerning the interpretation of contracts.

IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the date set forth above.

RECOMMENDED FOR APPROVAL
_______________________________
Justin Zagunis, Director of Customer Success
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CONSULTANT NAME

ECOLOGY ACTION
By: ________________________
Name: Jane McClellan
Title: Vice President
Date: __________________________

SILICON VALLEY CLEAN ENERGY

AUTHORITY
A Joint Powers Authority
By: ___________________________
Name: Monica Padilla
Title: Chief Executive Officer
Date: __________________________
APPROVED AS TO FORM:
_______________________
Counsel for Authority
ATTEST:
_____________________
Authority Clerk
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Exhibit A
Scope of Services
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:

Overview
The Silicon Valley Clean Energy (SVCE) EV Charging technical assistance program supports the installation of EV charging infrastructure at affordable housing, multifamily, workplace, and all other publicly accessible locations.

The program is open to all eligible properties within SVCE’s service territory. The program is designed to reduce barriers to EV adoption by addressing the growing charging infrastructure needs with an emphasis on supporting residents with limited access to charging, such as those in multifamily housing.

Contractor will provide technical assistance and customer support with the SVCE EV Charging Incentive program. The technical assistance offering of the program will use best practices, including right-sizing, to help customers decide on the best EV charging solution for their property and to introduce technologies to customers that advance EV adoption at scale such as smart outlets and load-managed charging.

Objectives
The program aims to make access to EV charging equitable and ubiquitous across the SVCE service territory by:

1. Facilitating the installation of EV charging ports by delivering 80-120 or more charging evaluations.

2. Maximizing the quantity of ports installed at properties to support EV growth overall and design for a future where every multifamily parking space has a charger or outlet.

3. Providing charging service levels that satisfy the everyday needs of most EV drivers (<40 miles) within expected dwell times

4. Minimizing installation costs by offering low-cost options that avoid expensive distribution service upgrades for customers wherever possible.

5. Mitigating grid impacts, including distribution infrastructure and peak generating capacity, by maximizing port count within existing electrical service or transformer capacity.

6. Reducing the cost to charge for EV drivers, with the aim of approaching parity with Item 1c
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the cost to charge at single-family homes.

7. Influencing other programs to adopt best practices, including developing technical resources and other guidance, participating in conferences and other thought leadership, etc.

Program Tasks:

1. Administrative Tasks

1.1. Schedule kickoff call

1.2. Weekly pipeline check ins – provide a weekly pipeline update that includes key program updates, program enrollments, pipeline status changes, and key projects, etc.

Meeting frequency may be adjusted by mutual determination.

1.3. Monthly progress report that includes key program KPIs such as outreach and enrollments of different property types, total ports proposed and accepted, etc.

Meeting frequency may be adjusted by mutual determination.

1.4. Regularly (daily, or more frequently) update customer data in data system further described in below section, including customer status (Site Evaluation, Bidding, Installation, etc.), customer and property data, Charging Evaluation details including recommended solutions, etc. Exact data fields to be determined.

1.5. Monthly invoice for program services, further described in Exhibit B

2. Systems Development and Data

2.1. All data collected from customers by Contractor must be shared with SVCE. These data may include, but are not limited to, photos taken during a site walk, etc.

2.2. In close coordination with SVCE, determine methodology for program and customer data transfer and/or direct access to SVCE CRM (Salesforce), subject to SVCE’s approval.

2.3. In close coordination with SVCE, determine data to be collected from customer by Contractor (e.g. during site walks, customer intake, etc.).

2.4. As applicable, host customer EV charging project records and integrate with SVCE CRM via regular automated data transfer or other method to be determined.

Integrations, if utilized, may include API or other file transfer with industry standard encryption and security.

3. Inform Program Strategy

3.1. In collaboration with SVCE, stay current on EV charging market trend and relevant legislation.

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3.2. Develop resources and other guidance to promote best practices to program customers and/or other utility programs, subject to SVCE approval. All external materials will be co-branded with prior SVCE review and approval, consistent with SVCE branding.

3.3. Participate in annual program review with SVCE to evaluate opportunities for further improvement.

4. Customer Acquisition and Educational Campaigns

4.1. In collaboration with SVCE, develop a customer acquisition strategy that includes target customers, channels, messaging, and goals.

4.2. Identify channels specifically for reaching multifamily, workplace, hospitality, and other property owners. Describe how the customer acquisition strategy would utilize these outreach channels.

4.3. Develop of case studies, webinars, videos, and other educational materials, subject to SVCE approval, that promotes customer enrollment in technical assistance and provide general education that reduces barriers to EV adoption.

4.4. In close collaboration and subject to prior approval of SVCE, organize and execute other outreach campaigns such as outbound call campaigns, email outreach, direct mail, paid search, etc. to promote the program to target audiences.

4.5. Contractor should develop campaign budgets and receive SVCE approval before initiating campaigns.

5. Technical Assistance for Program Customers
The technical assistance scope includes one-on-one design assistance to help qualified property owners or their representatives understand the best EV charging options for their property. The technical assistance services include, but are not limited to:

5.1. Customer intake and introductory call

5.2. Customer Site Evaluation:

5.2.1. Conduct in-person or virtual property site walk to gather data and information on site conditions.

5.2.2. Assess customer property electrical capacity.

5.2.3. Discuss parking configuration and customer charging needs.

5.2.4. Provide education to customers on solutions that maximize ports installed while keeping costs low and avoiding service or transformer upgrades.

5.3. Charging Evaluation Report

5.3.1. Provide each interested customer with a charging solution in a report format that Item 1c
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is ready to take to an electrical contractor for bidding. Determination of the number of reports and report contents are subject to SVCE approval before presentation to customers. Proposed solutions may include one or more of the Solutions 1-3 described below.

5.3.2. Solution 1: Exactly the number and type of chargers the customer asked for.

5.3.3. Solution 2: The maximum number of chargers the customer can install while optimizing incentives to minimize the cost per port to the customer, taking advantage of low-cost options such as outlets and low-power or load-managed solutions to avoid service upgrades.

5.3.4. Solution 3: The total number of chargers required to fully future-proof the site for EV charging. For multifamily properties with assigned parking, this would ideally result in an outlet or charger in every parking space. For multifamily properties with shared parking this may be decided on a case- by-case basis.

5.3.5. Present the charging solutions to the customer and help them understand and select the best option for their property.

5.3.6. Charging options include detailed infrastructure project details, and preliminary designs for construction.

5.3.7. Provide ROM (rough order of magnitude) project cost estimates and incentive estimates to help the customer compare charging project options.

5.3.8. Provide specific charging equipment recommendations, including networking and automated load management solutions.

5.3.9. Include charging operating models and fee recommendations, when appropriate.

5.4. Incentive Application Support

5.4.1. Assist customers with SVCE incentive application submission

5.4.2. Assist customers with gathering supporting documentation to claim incentives post-construction.

5.4.3. Assist customers with third-party incentive applications as appropriate.

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5.5. Electrical Contractor Selection and Bidding Support

5.5.1. Connect customers with electrical contractors and answer customer questions that arise during the bidding process. Review bids when requested by the customer.

5.6. Installation and Permitting Support

5.6.1. Answer customer or trade ally questions that arise during installation and permitting, stay abreast of timelines for project completion, and track common permitting issues that may arise.

5.7. Commissioning Support

5.7.1. Provide equipment commissioning support including guidance on complying with California Weights and Measures regulations as necessary and appropriate. This may include meeting with customers to assist them in understanding operation and maintenance for their equipment, support them in setting a reasonable price for electricity for drivers, and ensuring power management settings are configured correctly.

5.8. Post-installation Support

5.8.1. Contractor to provide post-installation check-ins within 60-90 days of installation completion to address any potential troubleshooting needs, followed by annual, or other schedule to be mutually determined, check-ins to answer potential questions and guarantee equipment is still operational.

5.9. Trade Ally Partnerships

5.9.1. In partnership with SVCE, maintain a list of reliable, responsive, and quality electrical contractors and connect these contractors to technical assistance customers interested in receiving bids for their projects. Vet contractors to ensure alignment on strategy, customer responsiveness, overall quality, etc.

5.9.2. Develop and provide electrical contractor education and resources, such as program strategy and education on industry trends, best practices, and current technologies. Onboard new electrical contractors and familiarize them with program materials such as bid requests and program approach and strategy.

5.9.3. In partnership with SVCE, maintain a list of suggested EV charging equipment and charging network/service providers recommended to customers who receive technical assistance. Ensure recommended equipment complies with relevant state and federal regulations and complies with SVCE program requirements. Organize and administer solicitations to update pricing and charging equipment and network/service provider selections annually or another schedule, as mutually determined.

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5.10. Customer Support
Contractor to provide general EV charging related support to property owners and managers regardless of their enrollment in 1:1 technical assistance. Contractor should provide on-going program customer support which includes at minimum the following:

5.10.1. Provide a dedicated email address and phone line for SVCE customers to utilize when seeking assistance with EV charging projects, but not otherwise enrolled in technical assistance. Other support features such as live chat, AI-powered responses may be considered, subject to approval by SVCE.

5.10.2. Provide timely responses to customer inquiries. See Service Level Requirements Summary below.

5.10.3. Track relevant metrics of customer inquiries.

5.10.4. Develop and maintain general resources on EV charging for customers on the SVCE website (e.g. “How to choose a price for EV charging,” “Guidance on EV charging for multi-family property owners,” etc.)

6. Service Level Requirements Summary
To ensure a consistent and timely customer experience, the Contractor must meet the following minimum delivery timelines. These will be tracked as part of contract performance and evaluated regularly.

1. Initial Customer Vetting
a. Requirement: Acknowledge customer application and confirm property, project type and/or other eligibility within 3 business days of submission. b. Metric: Average number of days in “Site Qualification” (or similar) status.

2. Charging Evaluation Delivery
a. Requirement: Deliver a Charging Evaluation report within 30 calendar days of a completed Site Evaluation.
b. Metric: Average number of days in “Charging Evaluation” (or similar) status.

3. Customer Communication
a. Requirement: Respond to all customer emails and calls within 1 business day, or 2 business days in the event that a full answer is not immediately available (with acknowledgement and estimated reply time).

4. Other Milestone Touchpoints
a. Requirement: Provide proactive email and/or phone check ins to customers at key project milestones, such as:
i. 1 week from Charging Evaluation delivery
ii. Monthly or more frequently during project bidding, as applicable iii. Bi-weekly or more frequently during active project installation iv. Within 1 month from project commissioning
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Exhibit B
Schedule of Performance
This schedule may be modified with the written approval of the Authority.

Task Date

1.1 Kickoff Within 1 month of Effective Date

1.2-1.5 Administrative Tasks Ongoing as specified

2.1-2.4 System Development and Data Ongoing, initiate 2.2 within 1 month of the Effective Date

3.1-3.3 Inform Program Strategy Ongoing as specified

4.1-4.2 Customer Acquisition Strategy Ongoing, initiate 2.2 within 1 month of the Effective Date

4.3 Develop educational materials Ongoing, as appropriate

4.4-4.5 Outreach campaigns Ongoing as approved by SVCE

5.1-5.10 Technical assistance for program
customers
Ongoing, initiate within 4 months of the
Effective Date

6.1-6.4 Service level requirements Ongoing as specified Item 1c
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Exhibit C
Compensation
Authority shall compensate Consultant for professional services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below.

Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set forth below.

The compensation to be paid to Consultant under this Agreement for all services described in Exhibit “A” and reimbursable expenses shall not exceed a total of nine hundred thousand dollars ($900,000.00), as set forth below. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to Authority unless previously approved in writing by Authority.

Task Key Activities Budget
Task 1-3: Administrative Tasks,
Systems Development & Data, and
Program Strategy
Meetings, Data Management and
Reporting
$ 84,000
Task 4: Customer Acquisition and
Education Campaigns
Landing Page Development, Direct
Engagement, Marketing & Lead
Generation, Outreach, Education
$ 267,000
Task 5-6: Technical Assistance for
Program Customer
Technical Assistance & Reports, Trade
Ally Partnerships, Construction Support,
Meet Service Level Requirements
$ 501,000
Deliverable Pay for Performance: $48,000

1. Charging evaluation reports
delivered to customer
$200 per report, up to 120 reports $24,000

2. Approved SVCE rebate
reservation within 6 months of
a delivered solution report
$200 per rebate reservation, up to 120
sites
$24,000
Total $900,000
Rates for Time and Materials Budget (Tasks 1-6)
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Title Hourly Rate
Program Director $235.00
Electrician – Team Manager $176.00
Program Manager $166.00
Project Manager $158.00
Senior Business System Analyst $146.00
Creative Director $226.00
Director, Marketing Strategy $226.00
Program Specialist $110.00
Invoices
Monthly Invoicing: In order to request payment, Consultant shall submit monthly invoices to the Authority describing the services performed and the applicable charges (including a summary of the work performed during that period, personnel who performed the services, hours worked, task(s) for which work was performed). Authority shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth herein. Authority does not pay interest on past due amounts.

Major activities (e.g. 30+ minute meetings, significant Charging Evaluation development time, site walks, etc.) in support of the Technical Assistance for Program Customers and Customer Support categories to be tracked on a per customer basis, when reasonably practical, and reported to SVCE. Contractor to seek SVCE approval before exceeding $10,000 in Technical Assistance and Customer Support expenses per customer.

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. Travel expenses must be authorized in advance in writing by Authority
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from Authority Representative prior to commencement of any additional services. Consultant shall submit, at the Authority Representative’s request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

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Exhibit D
Insurance Requirements and Proof of Insurance
Consultant shall maintain the following minimum insurance coverage:

A. COVERAGE:
(1) Workers' Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage.

ISO occurrence Form CG 0001 or equivalent is required.
(3) Automotive:

Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.
(4) Professional Liability
Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. (5) Privacy and Cybersecurity Liability
Privacy and cybersecurity liability (including costs arising from data destruction, hacking or intentional breaches, crisis management activity related to data breaches, and legal claims for security breach, privacy violations, and notification costs of at least $5,000,000 US per occurrence.

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Exhibit E
Confidentiality and Data Security Requirements
Subject to the terms and conditions of the Agreement, current proprietary and confidential information of Authority regarding customers of Authority (“Authority Customers”) and/or other confidential information (collectively “Confidential Information”) may be disclosed to Consultant from time to time in connection herewith solely for the purposes set forth in the Agreement. Such disclosure is subject to the following legal continuing representations and warranties by Consultant:

1. The Confidential Information disclosed to Consultant in connection herewith may include, without limitation, the following information about Authority Customers: (a) names; (b) addresses; (c) telephone numbers and email addresses; (d) service agreement numbers and account numbers; (e) meter and other identification numbers; (f) Authority-designated account numbers; (g) electricity and gas usage (including monthly usage, monthly maximum demand, electrical or gas consumption, HP load, and other data detailing electricity or gas needs and patterns of usage); (h) billing information (including rate schedule, baseline zone, CARE participation, end use code (heat source) service voltage, medical baseline, meter cycle, bill cycle, balanced payment plan and other plans); (i) payment / deposit status; (j) number of units; and (k) other similar information specific to Authority Customers individually or in the aggregate. Confidential Information shall also include specifically any copies, drafts, revisions, analyses, summaries, extracts, memoranda, reports and other materials prepared by Consultant or its representatives that are derived from or based on Confidential Information disclosed by Authority, regardless of the form of media in which it is prepared, recorded or retained.

2. Except for electric and gas usage information provided to Consultant pursuant to this Agreement, Confidential Information does not include information that Consultant proves (a) was properly in the possession of Consultant at the time of disclosure; (b) is or becomes publicly known through no fault of Consultant, its employees or representatives; or (c) was independently developed by Consultant, its employees or representatives without access to any Confidential Information.

3. From the Effective Date, no portion of the Confidential Information may be disclosed, disseminated or appropriated by Consultant, or used for any purpose other than the purposes set forth in the Agreement.

4. Consultant shall, at all times and in perpetuity, keep the Confidential Information in the strictest confidence and shall take all reasonable measures to prevent unauthorized or improper disclosure or use of Confidential Information. Consultant shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure and prohibits the use of the data for purposes not set forth in the Agreement. Specifically, Consultant shall restrict access to Confidential Information, and to materials prepared in connection therewith, to those employees or representatives of Consultant who have a “need to know” such Confidential Information in the course of Item 1c
Attachment 1
1/2026 Version 1.0
their duties with respect to the Consultant program and who agree to be bound by the nondisclosure and confidentiality obligations of this Agreement. Prior to disclosing any Confidential Information to its employees or representatives, Consultant shall require such employees or representatives to whom Confidential Information is to be disclosed to review this Agreement and to agree to be bound by the terms of this Agreement. Consultant shall not disclose Confidential Information or otherwise make it available, in any form or manner, to any other person or entity that is not Consultant’s employee or representative (a “Third Party”), except where that Third Party has separately entered into a nondisclosure agreement with Authority. Without limiting Consultant’s obligation of confidentiality as further described herein, Consultant shall be responsible for establishing, maintaining, and providing a written description to Authority of, a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with or are substantial similar to the security controls identified in the current version of NIST SP800-53, and that is designed to: (a) ensure the security and confidentiality of the Authority’s Data; (b) protect against any anticipated threats or hazards to the security or integrity of the Data; (c) protect against unauthorized disclosure, access to, or use of the Data; (d) ensure the proper disposal of Data; and, (e) ensure that all employees, agents, and subcontractors of Consultant, if any, comply with all of the foregoing. In no case shall the safeguards of Consultant’s data privacy and information security program used to protect Data be less stringent than the safeguards used by Consultant for its own data. If the services include handling credit card information, then the Consultant shall comply at all times with all applicable Payment Card Industry Data Security Standards (PCI-DSS). Consultant agrees and warrants that it is responsible for the security of “cardholder data” that Consultant possesses, stores, processes or transmits on behalf of the Authority, and for any impact on the security of Authority’s cardholder data environment adversely affected by any failure of Company to maintain compliance with provisions of the PCI-DSS applicable to the services. No less than annually, Consultant shall conduct a comprehensive independent third-party audit of its data privacy and information security program and provide such audit findings to Authority. The required audit shall be a SOC Type II (or successor standard) compliant audit, and Consultant shall provide the audit findings in the form of a SOC Type II (or successor standard) report.

5. Notwithstanding the above, Consultant may disclose Confidential Information to the extent required by an order, subpoena, or lawful process requiring the disclosure of such Confidential Information issued by a court or other governmental authority of competent jurisdiction, provided that Consultant notifies Authority immediately upon receipt thereof to allow Authority to seek protective treatment for such Confidential Information.

6. In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of the Authority’s Data or the physical, technical, administrative, or organizational safeguards put in place by Consultant that relate to the protection of the security, confidentiality, or integrity of the Data, Consultant shall, as applicable: (a) notify Authority as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate with Authority in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise Item 1c
Attachment 1
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required by Authority; (c) in the case of Confidential Information, at Authority’s sole election, (i) notify the affected individuals who comprise the Confidential Information as soon as practicable but no later than is required to comply with applicable law including, but not limited to, the provisions of California Civil Code Section 1798.82, or, in the absence of any legally required notification period, within five (5) calendar days of becoming aware of the occurrence; or, (ii) reimburse Authority for any costs in notifying the affected individuals; (d) in the case of Confidential Information, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the Confidential Information for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting Consultant’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Authority for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Authority in connection with the occurrence; (g) be responsible for recreating lost Data in the manner and on the schedule set by Authority without charge to Authority; (h) provide to Authority a detailed plan within ten (10) calendar days of the occurrence describing the measures Consultant will undertake to prevent a future occurrence and (i) upon conclusion of the occurrence, or at Authority’s request, provide to Authority a comprehensive summary of the occurrence, including reason for occurrence, details of occurrence, how occurrence was addressed and any other information required by Authority, which shall be executed by Consultant and may be relied upon by Authority as a true and accurate account of the occurrence. Notification to affected individuals, as described above, shall comply with applicable law, be written in plain language, and contain, at a minimum: name and contact information of Consultant’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Consultant has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by Consultant. This Section shall survive the termination of this Agreement.

7. It shall be considered a material breach of this Agreement if Consultant engages in a pattern or practice of accessing, storing, using, or disclosing the Confidential Information in violation of the contractual obligations described herein. Consultant understands that if Authority finds that Consultant is engaged in a pattern or practice of accessing, storing, using, or disclosing Confidential Information in violation of this Agreement Authority shall promptly cease all disclosures of Confidential Information to Consultant. Consultant further understands that if Authority receives a customer complaint about Consultant’s misuse of data or other violation of the Disclosure Provisions, Authority shall promptly cease disclosing that customer’s information to Consultant and shall notify the California Public Utilities Commission of the complaint.

Item 1c
Attachment 1
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8. Consultant shall be liable for the actions of, or any disclosure or use by, its employees or representatives contrary to this Agreement; however, such liability shall not limit or prevent any actions by Authority directly against such employees or representatives for improper disclosure and/or use. In no event shall Consultant or its employees or representatives take any actions related to Confidential Information that are inconsistent with holding Confidential Information in strict confidence. Consultant shall immediately notify Authority in writing if it becomes aware of the possibility of any misuse or misappropriation of the Confidential Information by Consultant or any of its employees or representatives. However, nothing in this Agreement shall obligate the Authority to monitor or enforce the Consultant’s compliance with the terms of this Agreement.

9. Consultant shall comply with the consumer protections concerning subsequent disclosure and use set forth in Attachment B to California Public Utilities Commission (CPUC) Decision No. 12-08-045.

10. In addition to any other requirements set forth in the Agreement, within ten (10) business days of receipt of Authority’s written request, and at Authority’s option, Consultant will either return to Authority all tangible Confidential Information, including but not limited to all electronic files, documentation, notes, plans, drawings, and copies thereof, or will provide Authority with written certification that all such tangible Confidential Information of Authority has been destroyed.

11. Consultant acknowledges that disclosure or misappropriation of any Confidential Information could cause irreparable harm to Authority and/or Authority Customers, the amount of which may be difficult to assess. Accordingly, Consultant hereby confirms that the Authority shall be entitled to apply to a court of competent jurisdiction or the California Public Utilities Commission for an injunction, specific performance or such other relief (without posting bond) as may be appropriate in the event of improper disclosure or misuse of its Confidential Information by Consultant or its employees or representatives. Such right shall, however, be construed to be in addition to any other remedies available to the Authority, in law or equity.

12. In addition to all other remedies, Consultant shall indemnify and hold harmless Authority, its officers, employees, or agents from and against and claims, actions, suits, liabilities, damages, losses, expenses and costs (including reasonable attorneys’ fees, costs and disbursements) attributable to actions or non-actions of Consultant and/or its employees and/or its representatives in connection with the use or disclosure of Confidential Information.

13. When Consultant fully performs the purposes set forth in the Agreement, or if at any time Consultant ceases performance or Authority requires Consultant cease performance of the purposes set forth in the Agreement, Consultant shall promptly return or destroy (with written notice to Authority itemizing the materials destroyed) all Confidential Information then in its possession at the direction of Authority. Notwithstanding the foregoing, the nondisclosure obligations of this Agreement shall survive any termination of this Agreement.

Item 1c
Attachment 1

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Staff Report – Item 1d
Item 1d: Approve an Allocation of $700,000 of Program Fund Dollars to Extend the Go Electric Advisor Program and Authorize the Chief Executive Officer to Execute the First Amendment to the Sacramento Municipal Utility District (SMUD) Agreement to Extend the Term through June 2028 and Set a New Not-to-Exceed Amount of $1.542 Million
From: Monica Padilla, CEO
Prepared by: Justin Zagunis, Director of Customer Success Jessamyn Allen, Customer Success Programs Lead
Date: 6/10/2026

RECOMMENDATION
Staff recommends that the Silicon Valley Clean Energy (SVCE) Board of Directors (Board) approve an allocation of $700,000 for the Go Electric Advisor program (formerly known as “residential electrification concierge services”) out of the already-authorized programs funding included in the General Programs Fund; and authorize the Chief Executive Officer (CEO) to execute the First Amendment to the agreement with Sacramento Municipal Utility District (“SMUD”) (Attachments 1 and 2) for residential electrification concierge consulting services to extend the Go Electric Advisor program through June 2028, with a new not-to-exceed (NTE) amount of $1,542,500.

EXECUTIVE COMMITTEE RECOMMENDATION
Staff presented a recap of the Go Electric Advisor service and the proposed plan to extend the program to the Executive Committee at its May 22, 2026, meeting. The Committee expressed support for the Go Electric Advisor program and discussed the value of the program and the extension’s budget. The Executive Committee recommended that the Board of Directors approve the extension of the Go Electric Advisor program, including the allocation of programs funding and allowing the CEO to executive the amendment with SMUD.

BACKGROUND
In November 2020, the Board approved the Building Decarbonization Joint Action Plan, which identified FutureFit Homes and Buildings as one of SVCE’s cornerstone programs to support the decarbonization of existing buildings through rebates. The concept was to provide comprehensive assistance to SVCE customers electrifying their homes by navigating and accessing the many existing and forthcoming energy programs providing financial assistance for building decarbonization and energy efficiency, offering additional SVCE incentives, and identifying other actions necessary to remove barriers for customers. In October 2022, SVCE launched the initial phase of this program, now known as Home Rebates, which has to date issued more than $10 million to assist customers with home electrification upgrades.

Building upon the financial support provided by Home Upgrades, in 2023, SVCE launched the Go Electric Advisor program to help customers navigate the wide range of incentives and program options available from SVCE and other entities, as well as to provide general support addressing any other questions customers face while electrifying. SVCE selected SMUD to implement this program and the 39-month contract with a NTE of Item 1d
Agenda Item: 1d Agenda Date: 6/10/2026

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$892,059 was approved by the BOD in June 2023
1 . The current implementation contract for the Go Electric Advisor is set to end in August 2026, and staff expects funds to be fully expended.

Go Electric Advisor
The Go Electric Advisor program was born from the desire to offer a tailored, comprehensive home electrification resource for SVCE residential customers that can meet them wherever they are in their electrification journey. The service is a single-point-of-contact model, consisting of phone hotline, email, and live chat channels that any residential customer can engage with to learn how to take steps to electrify their homes. The advisors are SMUD staff who are well-versed in SVCE program offerings and provide more tailored rebate layering guidance. Additionally, the SMUD staff include electrification experts who can provide SVCE customers with basic and complex technical assistance, along with whole-home electrification planning.

Moreover, SVCE has launched new programs that go beyond rebates in the last two years, namely EV Rebates (2024), Full-Service Home Upgrades (2024), and Zero Interest Financing (2025). The Go Electric Advisor serves as a central wrap-around service that complements and connects SVCE’s existing portfolio of programs as shown in Figure 1.

Figure 1. Go Electric Advisor Service as a Part of SVCE’s Residential Programs Portfolio Impact of Go Electric Advisor
Since its launch in December 2023, the Go Electric Advisor service has proved popular with customers and is a highly-rated service2. The service has received over 3,500 customer contacts so far, a number greater than the volume originally estimated. Figure 2 shows the Go Electric Advisor’s monthly contact volume.

Additionally, the advisory service has shown to be a popular service model, with several other CCAs launching nearly-identical services in recent years3. Several member agencies have also shared that they routinely refer their residents to SVCE’s Go Electric Advisor service to answer questions about electrification, and the service has seen a wide geographic distribution of customer inquiries across SVCE’s member jurisdictions. 1 See Item 1d: https://svcleanenergy.org/wp-content/uploads/2023-0614-SVCE-BOD-Agenda-Packet_scrubbed-compressed.pdf 2 The Go Electric Advisor has consistently received ratings of 4.4 or higher out of 5 for customer satisfaction. 3 Valley Clean Energy and Clean Power Alliance are among several CCAs that have started electrification concierge services since SVCE’s Go Electric Advisor originally launched in December 2023.

Item 1d
Agenda Item: 1d Agenda Date: 6/10/2026

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Figure 2. Go Electric Advisor customer contacts by month since launch through April 2026 The top inquiries to the Go Electric Advisor are centered around the following topics:
• Incentive layering assistance (>50% of total contacts) • Project costs and bill impacts from electrification upgrades • Process-related questions on how to begin an upgrade and what contractor resources are available SVCE’s program evaluator is currently conducting an in-depth program evaluation to assess the service’s performance and impacts. Staff will incorporate the evaluation’s recommendations to improve the Go Electric Advisor offering.

ANALYSIS & DISCUSSION
Future of Go Electric Advisor
The Go Electric Advisor service and contract with SMUD will end in August 2026. Given the program’s positive performance so far and continued need for these customer resources, staff propose to extend the service through June 2028. As the Air District rules come into effect in 2027, services like the Go Electric Advisor are seen as a critical resource to help homeowners both understand rule requirements and to be guided to available resources that enable compliance with the rules.

Additionally, the primary driver of Go Electric Advisor contacts is SVCE program-related, so the service will continue to provide exceptional, consolidated customer support to navigate SVCE’s suite of offerings, from Homes Rebates inquiries to referrals to our direct install programs. SMUD was originally selected as the Go Electric Advisor implementer through a competitive solicitation process in 2023. Extending the contract with SMUD through June 2028, for a maximum term of five years, helps maintain continuity of the quality and consistency of this service for SVCE customers.

Staff considered whether to extend the current contract or to solicit a new vendor for this service. Ultimately, continuing with SMUD as the Go Electric Advisor implementer avoids any gaps in service. The Go Electric Advisor service, due to its hands-on design, also has a significant fraction of budget that goes towards start-up costs to train call center staff, produce new reference materials, build the program webpage and customer database, systems integrations, and more. By continuing with SMUD to the full extent of SVCE’s maximum 5- year contract period, rather than bringing on a new vendor, more of the added funds can go directly to customer benefits. Further, SMUD has delivered high customer satisfaction results, so there is not a strong motivation for SVCE to seek a change from a program quality standpoint.

Staff will continue to work with the SMUD advisors to adapt and improve the service throughout its extension.

Opportunities include enhanced integration of advisor services throughout the SVCE website in coordination Item 1d
Agenda Item: 1d Agenda Date: 6/10/2026

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with a future SVCE website redesign and a potential Salesforce migration to consolidate program data and lower operating costs.

Program Allocation Request
Staff recommends allocating $700,000 in additional funds to Go Electric Advisor as shown in Table 1.

Table 1. Program Budget Allocations and Anticipated Impact Go Electric Advisor
Current Budget $892,059
Current Term June 2023 – August 2026
Budget Remaining (as of May 2026) $108,000
Additional Funding Allocation
(requested in this report)
$700,000
• $650,441 for SMUD program implementation contract:
o $467,110 for customer advisory services
o Up to $183,331 for website & Salesforce
administration and licensing costs or data
migration support (may not be fully needed if
SVCE takes the Salesforce in-house, in which
case this could be allocated towards customer
advisory services instead)
• $49,559 for contingency funds to support SVCE costs for Salesforce migration (if needed)
New Budget $1,592,059
New Term June 2023 – June 2028
Anticipated additional customer
contacts
3,800
Total customer contacts (5 years) 7,940
The funding request includes an allocation for Salesforce administration for the Go Electric Advisor, the tool that SMUD currently uses to track and record customer contacts. When the Go Electric Advisor service was first launched in 2023, SVCE did not have the in-house Salesforce platform it currently uses to administer programs like Home Rebates or the resources to support the program webpage build. The Go Electric Advisor Salesforce platform and webpage are currently owned and maintained by SMUD, and during the proposed extension, the program budget will need to cover the ongoing administrative costs for SMUD’s Salesforce system and webpage. The original contract for the Go Electric Advisor included the start-up costs for these features but not the ongoing administrative costs; SMUD has indicated the need to begin passing these through to SVCE under the extension.

The proposed SMUD contract value shown in Table 1 includes the cost of continuing with SMUD’s Salesforce tool to reflect the maximum potential NTE amount. Staff are evaluating whether transitioning to SVCE’s own Salesforce platform will be the most cost-effective and logistically viable. If the transition to SVCE’s platform moves forward, the related funds in the SMUD contract for Salesforce administration will either be unused, support the migration costs, or be re-allocated towards customer advisory services. If needed, staff may also utilize the $49,559 in contingency funds to cover vendor support for the Salesforce migration.

By providing a simple, approachable channel that can effortlessly provide technical assistance, planning resources, and information on existing programs, the Go Electric Advisor makes electrification more accessible by reducing the expertise, time, and resources that customers need to undertake home upgrades.

Item 1d
Agenda Item: 1d Agenda Date: 6/10/2026

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STRATEGIC PLAN
The Go Electric Advisor service is aligned with SVCE’s 2025-2027 Strategic Plan as follows:
• Strategic Focus Area 4: Prepare Region for Electrification at Scale: Inform and prepare for upcoming requirements such as Bay Area Air District and California Air Resources Board (CARB) rules to ensure they are implemented sensibly, successfully, and equitably; and continue scaling SVCE efforts. • Goal 7: Support all SVCE communities to decarbonize through local investments that reduce barriers and demonstrate sensible, scalable, and equitable solutions.

ALTERNATIVES
Staff began reviewing options for the future of the Go Electric Advisor program in fall 2025. Alternatives considered included sunsetting the program entirely or transitioning to another vendor. Ultimately, staff determined the best approach is the recommendation to extend the service with the current vendor, as alternatives included trade-offs such as significant start-up costs and potentially lower levels of customer service.

The option to sunset the Go Electric Advisor would leave customers without a live resource for electrification support, as no comparable resources are available outside of SVCE. Additionally, not extending the Go Electric Advisor service would likely increase Home Rebates administration costs, as a significant volume of Advisor calls are customers with questions about SVCE’s rebate programs.

Staff also examined options for a different vendor or even bringing the service in-house. For the latter, SVCE staff would take on the role of the Go Electric Advisors, but the resulting service would not be comparable to the existing Go Electric Advisor. SVCE staff could not comprehensively offer the level of technical expertise that SMUD is currently set up to provide for customers. It is also unlikely that SVCE staff could provide a live service given the contact volume currently handled by the SMUD advisors and the scalability benefits that SMUD has with their existing call center that serves their own customers and other community choice aggregators. Staff would also need to significantly reduce their commitments to other tasks to support taking the Go Electric Advisor in-house. If the Board recommends a new vendor be considered, staff will need to shut down the Go Electric Advisor service at the end of the current contract term in August 2026. While this would lead to a pause in the advisory services, there is sufficient time to issue a solicitation, select a new vendor, and re-launch the service before the air district rules come into effect in fall 2027.

FISCAL IMPACT
This recommendation to allocate $700,000 to the Go Electric Advisor program will have no incremental fiscal impact on SVCE’s budget. The Board has already authorized these funds to be used on programs via transfer to the General Programs Fund and this action merely assigns a portion of those funds to the Go Electric Advisor program. The expenditure of the funds will be appropriately reflected in ongoing budgets and financial forecasts.

ATTACHMENTS

1. First Amendment with SMUD to extend the Go Electric Advisor program

2. Agreement with SMUD for Electrification Concierge Consultant Services Item 1d
1/2026 Version 1.0

FIRST AMENDMENT TO AGREEMENT WITH SACRAMENTO MUNICIPAL UTILITY

DISTRICT
WHEREAS, the SILICON VALLEY CLEAN ENERGY AUTHORITY, an independent public agency (“Authority”), and SACRAMENTO MUNICIPAL UTILITY DISTRICT. entered into that certain agreement entitled ELECTRIFICATION CONCIERAGE CONSULTANT SERVICES, effective on 21ST day of June 2023, hereinafter referred to as “Original Agreement”; and
WHEREAS, Authority and SACRAMENTO MUNICIPAL UTILITY DISTRICT have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. TERM section of the Original Agreement shall be amended to read as follows:

The term of this Agreement shall commence on June 21, 2023, and shall terminate on June 20, 2028, unless terminated earlier as set forth herein.

2. COMPENSATION TO CONSULTANT section of the Original Agreement shall be amended to read as follows:

Consultant shall be compensated for services pursuant to this Agreement in a total amount not to exceed one million five hundred forty-two thousand five hundred dollars ($1,542,500) based on the rates and terms set for in Exhibit “C,” which is attached hereto and incorporated herein by this reference.

3. Terms and Conditions Item 9 HOLD HARMLESS AND INDEMNIFICATION of the Original Agreement shall be amended to include the language below:

E. Notwithstanding the foregoing and anything to the contrary, in no event will Consultant be liable for indirect, special, incidental or consequential damages (including, without limitation, lost revenues or profits, lost data), even if advised of the possibility of such damages. Except with respect to claims arising out of or relating to intellectual property infringement or cyber security incidents, Consultant’s total liability for any and all claims made under or relating to the performance of this Agreement, including any indemnification obligations, shall not exceed one million dollars ($1,000,000) in the aggregate during the term of this Agreement.

4. Exhibit A – Scope of Services section of the Original Agreement shall be amended to include the following:

Concierge extension expected contact volume
Based on the contact volume received in the initial phase (e.g. before August 2026) of the concierge service (now known as the Go Electric Advisor), SMUD and SVCE estimate that the Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
number of customer interactions supported by the Concierge during the extension to be the following:

Timeline Hotline Web
Chat/Email
Incentives
Layering
Technical
Assistance
Electrification
Plans
Sept – Dec 2026 1,333 156 267 33 33
Jan – Dec 2027 4,000 468 800 100 100
Jan – June 2028 2,000 234 400 50 50
Additionally, during the extension (Sept 2026 – June 2028), SVCE and SMUD estimate the amount of Concierge staff time needed to support each customer interaction to be:

Hotline Calls 7.5 minutes
Web Chats/emails 10 minutes
Incentive Layering Assistance 15 minutes
Technical Assistance 15 minutes
Electrification Plans 30 minutes for customer call support 120 minutes for plan development
Additional extension tasks - CRM & website management
During the extension, SMUD will perform the functions in support of the operations, maintenance, & issue resolution for the CRM and its integration with the concierge website.

These functions fall under Task 11 Manage CRM.

Subtasks Detailed Scope
Track and process weekly 4013 • Monitor weekly file availability and completeness • Validate file structure and data integrity
• Perform reconciliation and exception handling
• Reprocess failed files and coordinate with

SMUD/SVCE
• Coordinate with PG&E in case of delays or missing
file delivery
• Track SLA adherence and escalate delays
Salesforce maintenance • Monitor and manage data storage utilization and optimization
• Manage user access, roles, and permission
controls
• Perform backup validation and data recovery
readiness checks
• Maintain security controls, audit compliance, and
access reviews
• Monitor system performance and platform health
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
• Support server/platform-level maintenance
activities
API integration layer management • Monitor API flows
• Troubleshoot failures, latency, and data
mismatches
• Manage authentication, tokens, and endpoints
• Log monitoring and retry handling
• Coordinate fixes across systems
Web server maintenance • Monitor website availability and performance • Coordinate issues across hosting environments
• Perform backup validation and data recovery
readiness checks
• Maintain security controls, audit compliance, and
access reviews
• Monitor system performance and platform health
• Support server/platform-level maintenance
activities
Production support and service
management
• Incident triage and resolution across systems
• Root cause analysis and issue tracking
Coordination and governance • Status reporting
• Operational reviews
• Stakeholder communication
Under Task 11, SVCE may enlist SMUD’s support in the migration of the concierge CRM, currently within SMUD’s Salesforce platform, to SVCE’s own Salesforce platform.

5. Exhibit B – Schedule of Performance of the Original Agreement shall be replaced to include the attached Exhibit B-1 Schedule of Performance per Attachment 1 to include and extend all current services to the Scope of Work. Exhibit B-1 is incorporated into the Agreement by this reference.

6. Exhibit C – Compensation of the Original Agreement shall be replaced to include the attached Exhibit C-1 Compensation per Attachment 2 to include and extend all current services to the Scope of Work. Exhibit C-1 is incorporated into the Agreement by this reference.

7. This Amendment shall be effective on “ENTER IN DATE”.

3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

RECOMMENDED FOR APPROVAL
_____________________________________________________
Justin Zagunis, Director of Customer Success
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
APPROVED AS TO FORM:
_______________________
Counsel for Authority

CONSULTANT NAME
Sacramento Municipal Utility District
By: __________________________
Name: ________________________
Title: _________________________
Date: __________________________

SILICON VALLEY CLEAN ENERGY

AUTHORITY
A Joint Powers Authority
By: ___________________________
Name: Monica Padilla
Title: Chief Executive Officer
Date: __________________________
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
Attachment 1
Exhibit B-1
Schedule of Performance
This schedule may be modified with the written approval of the Authority.

Scope of Work Start Date End Date
Task # Task Title
0 Finalize contract and scope 05/26/23 05/31/23
1 Project management 05/26/23 6/20/2028
2 Develop implementation plan 05/26/23 06/30/23
3 Integrate Concierge with Existing Program
Administration Structure 05/26/23 06/30/23
4 Develop user interface and utilize a CRM 05/26/23 6/20/2028 5 Train concierge personnel 08/01/23 6/20/2028
6 Develop marketing and communications plan 08/01/23 6/20/2028 7 Launch and manage concierge services 08/28/23 6/20/2028 8 Integrate with future turnkey installation program 08/28/23 6/20/2028 9 Evaluate program performance 08/28/23 6/20/2028
10 Contingency work 08/28/23 6/20/2028
11 Manage CRM 08/28/26 6/20/2028
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
Attachment 2
Exhibit C-1
Compensation
Authority shall compensate Consultant for professional services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below.

Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set forth below.

The compensation to be paid to Consultant under this Agreement for all services described in Exhibit “A” and reimbursable expenses shall not exceed of one million five hundred forty-two thousand five hundred dollars ($1,542,500), as set forth below. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to Authority unless previously approved in writing by Authority.

In the initial concierge phase (June 2023 – August 2026), the detailed breakdown of costs are as follows:

Scope of Work SVCE
Involvement/Milestone Hours Rate 3 Year Total
Task # Task Title
0 Finalize contract and scope 0 $ -
Resolve any contract exceptions noted
in proposal Facilitate resolution 0 160 $ -
Finalize scope of work for inclusion in
contract Negotiate and approve scope 0 160 $ -
Garner contract signatures Garner signature 0 160 $ -
1 Project management 162.00 $ 27,480
Prep for kick off meeting 2 160 $ 320
Identify and contact key participants in
kick off meeting
Provide input into key
participants 1 160 $ 160
Hold program kick off meeting Attend kick off meeting 2 160 $ 320 Draft minutes and outcomes from kick
off meeting
Provide feedback into
minutes 1 160 $ 160
Prep for, hold and draft minutes for bi-weekly check in meeting Attend bi-weekly meetings 156 170 $ 26,520 2 Develop implementation plan 158.5 $ 25,360
Kick off advisory group engagement Attend kick off meeting 1.5 160 $ 240 Develop advisory group questionnaire Provide input into advisory group questionnaire 4 160 $ 640
Coordinate and consolidate advisory
group feedback 4 160 $ 640
Draft advisory group feedback
summary 1 160 $ 160
Send advisory group feedback
summary 0.25 160 $ 40
Adjust advisory group feedback
summary
Provide feedback into
advisory group summary 1 160 $ 160
Finalize advisory group feedback
summary
Approve advisory group
summary 0.5 160 $ 80
Draft customer journey maps 12 160 $ 1,920
Send customer journey maps 0.25 160 $ 40
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
Adjust customer journey maps 2 160 $ 320
Finalize customer journey maps 0.5 160 $ 80
Draft electrification plan format 16 160 $ 2,560
Send electrification plan format 0.25 160 $ 40
Adjust electrification plan format 4 160 $ 640
Finalize electrification plan format 0.5 160 $ 80
Draft hotline and web interface
implementation section 16 160 $ 2,560
Draft incentives layering assistance
implementation section 16 160 $ 2,560
Draft technical assistance
implementation section 16 160 $ 2,560
Draft electrification implementation
section 16 160 $ 2,560
Draft program referrals implementation
section 16 160 $ 2,560
Draft EM&V section 16 160 $ 2,560
Draft implementation plan 8 160 $ 1,280
Send draft to SVCE for review 0.25 160 $ 40
Adjust implementation plan Provide feedback into draft
plan 4 160 $ 640
Send draft to SVCE for review 0.5 160 $ 80
Finalize implementation plan Approve draft plan 2 160 $ 320 3 Integrate Concierge with Existing
Program Administration Structure 45.75 $ 7,320
Draft existing programs integration
section 4 160 $ 640
Send draft existing programs
integration section 0.25 160 $ 40
Adjust draft existing programs
integration section
Provide feedback into
existing programs plan 1 160 $ 160
Finalize draft existing programs
integration section
Approve existing programs
plan 0.5 160 $ 80
Integrate with existing programs 40 160 $ 6,400
4 Develop use interface and utilize a
CRM 802.25 $ 128,360
Develop preliminary hotline 109 160 $ 17,440
Develop preliminary web experience 213 160 $ 34,080
Develop preliminary CRM 356 160 $ 56,960
Provide live demonstration of
preliminary UI for hotline and web 2 160 $ 320
Adjust preliminary UI for hotline and
web
Provide feedback into
preliminary hotline and web 4 160 $ 640
Finalize preliminary UI for hotline and
web
Approve preliminary hotline
and web 1 160 $ 160
Provide live demonstration of UI for
CRM 2 160 $ 320
Adjust UI for CRM Provide feedback into CRM 4 160 $ 640 Finalize UI for CRM Approve CRM 1 160 $ 160
Develop UI for hotline and web
research plan 16 160 $ 2,560
Send UI for hotline and web research
plan 0.25 160 $ 40
Adjust UI for hotline and web research
plan
Provide feedback into
research plan 2 160 $ 320
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
Finalize UI for hotline and web
research plan Approve research plan 0.5 160 $ 80
Draft usability script 32 160 $ 5,120
Send usability script 0.25 160 $ 40
Adjust usability script Provide feedback into
usability script 2 160 $ 320
Finalize usability script Approve usability script 0.5 160 $ 80 Program usability script 6 160 $ 960
Initiate soft launch 4 160 $ 640
Modify script 4 160 $ 640
Initiate full launch 6 160 $ 960
Review recordings 8 160 $ 1,280
Draft usability research summary 16 160 $ 2,560
Send usability research summary 0.25 160 $ 40
Adjust usability research summary Provide feedback into usability research summary 1 160 $ 160
Finalize usability research summary Approve usability research summary 0.5 160 $ 80
Update UI for hotline and web 8 160 $ 1,280
Provide live demonstration of final UI
for hotline and web Approve final hotline and web 3 160 $ 480 5 Train concierge personnel 757.50 $ 106,800
Develop training plan 48 160 $ 7,680
Send training plan 0.75 160 $ 120
Adjust training plan Provide feedback into
training plan 6 160 $ 960
Finalize training plan Approve training plan 1.5 160 $ 240 Develop training materials 288 160 $ 46,080
Be trained (8 hours) 360 120 $ 43,200
Deliver training 36 160 $ 5,760
Draft training summary report 12 160 $ 1,920
Send training summary report 0.75 160 $ 120
Adjust training summary report Provide feedback into
training summary report 3 160 $ 480
Finalize training summary report Approve training summary report 1.5 160 $ 240
6 Develop marketing and
communications plan 306.75 $ 51,960
Draft marketing and communication
plan 16 160 $ 2,560
Send marketing and communication
plan 0.25 160 $ 40
Adjust marketing and communication
plan
Provide feedback into
marketing plan 2 160 $ 320
Finalize marketing and communication
plan Approve marketing plan 0.5 160 $ 80
Implement marketing tactics 288 170 $ 48,960
7 Launch and manage concierge
services 2872 $ 359,332
Deploy hotline 16 160 $ 2,560
Deploy web 16 160 $ 2,560
Update web 36 160 $ 5,760
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
Deploy CRM 16 160 $ 2,560
Draft report format 8 160 $ 1,280
Send report format 0.25 160 $ 40
Adjust report format Provide feedback into report 2 160 $ 320 Finalize report format Approve report 0.5 160 $ 80
Prepare and send weekly reports 39 170 $ 6,630
Answer questions/provide ad hoc
reporting 19.5 170 $ 3,315
Draft customer survey 8 160 $ 1,280
Send customer survey 0.25 160 $ 40
Adjust customer survey Provide feedback into
customer survey 2 160 $ 320
Finalize customer survey Approve customer survey 0.5 160 $ 80 Prepare and send weekly surveys 39 170 $ 6,630
Take hotline calls year 1 (1000, 10
mins) 200 110 $ 22,000
Take incentive layering calls year 1
(350, 10 min) 58 110 $ 6,417
Take technical assistance calls year 1
(350, 30 min) 175 120 $ 21,000
Take electrification plan calls year 1
(100, 60 min) 100 120 $ 12,000
Prepare electrification plans year 1
(100, 120 min) 200 120 $ 24,000
Take hotline calls year 2 (1200) 240 115 $ 27,600
Take incentive layering calls year 2
(420) 70 115 $ 8,050
Take technical assistance calls year 2
(420) 210 125 $ 26,250
Take electrification plan calls year 2
(120) 120 125 $ 15,000
Prepare electrification plans year 2
(120) 240 125 $ 30,000
Take hotline calls year 3 (1440) 288 120 $ 34,560
Take incentive layering calls year 3
(504) 84 120 $ 10,080
Take technical assistance calls year 3
(504) 252 130 $ 32,760
Take electrification plan calls year 3
(144) 144 130 $ 18,720
Prepare electrification plans year 3
(144) 288 130 $ 37,440
8 Integrate with future turnkey
installation program 10.75 $ 1,828
Draft turnkey program implementation
plan 8 170 $ 1,360
Send turnkey program implementation
plan 0.25 170 $ 43
Adjust turnkey program implementation
plan 2 170 $ 340
Finalize turnkey program
implementation plan 0.5 170 $ 85
9 Evaluate program performance 24.00 $ 4,080
Provide data reports to 3rd party EM&V
consultant for program evaluation 12 170 $ 2,040
Answer questions/provide ad hoc
reporting 12 170 $ 2,040
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
10 Contingency work 762.00 $ 129,540
Scale service delivery 96 170 $ 16,320
Customize scope to future program
offerings 96 170 $ 16,320
Other tasks as assigned 570 170 $ 96,900
Total 5,902 $ 842,059
Licenses $ 50,000
$ 892,059
In the concierge extension (September 2026 – June 2028), the detailed breakdown costs are as follows:

Scope of Work Hours Rate 3 Year Total
Task # Task Title
1 Project management 237 200 $ 44,335
Prep for, hold and draft minutes for bi-weekly check in meeting 143 $ 25,435 Update processes (2 hrs per month) 44 $ 8,840
Update documentation (2 hr per month) 44 $ 8,840
Develop Program Plan (4 hrs per year) 6 $ 1,220
5 Train concierge personnel 191 $ 38,300
Provide Supervision, QA, Coaching (2 hr per week) 191 200 $ 38,300 7 Launch and manage concierge services 2264 $ 375,634
Prepare and send weekly reports 95 200 $ 19,957
Answer questions/provide ad hoc reporting (1 hr per week) 95 200 $ 19,150 Prepare and send weekly surveys 143 200 $ 28,725
Take hotline calls year 1 (4000, 7.5 mins) 167 130 $ 21,645 Take incentive layering calls year 1 (800, 15 min) 67 130 $ 8,658 Take tech assistance calls year 1 (100 @ 15 mins) 8.3 190 $ 1,582 Take electrification plan calls year 1 (100, 30 min) 17 200 $ 3,163 Prepare electrification plans year 1 (100, 120 min) 67 200 $ 12,654 Take hotline calls year 2 (4000, 7.5 mins) 500 140 $ 70,000 Take incentive layering calls year 2 (800, 15 min) 200 140 $ 15,000 Take tech assistance calls year 2 (100 @ 15 mins) 25 200 $ 5,000 Take electrification plan calls year 2 (100, 30 min) 50 200 $ 10,000 Prepare electrification plans year 2 (100, 120 min) 200 200 $ 40,000 Take hotline calls year 3 (4000, 7.5 mins) 250 140 $ 37,500 Take incentive layering calls year 3 (800, 15 min) 100 150 $ 15,000 Take tech assistance calls year 3 (100 @ 15 mins) 12.5 200 $ 2,625 Take electrification plan calls year 3 (100, 30 min) 25 200 $ 5,250 Prepare electrification plans year 3 (100, 120 min) 100 200 $ 21,000 9 Evaluate program performance 44 $ 8,840
Provide program recommendations (2 hr per month) 44 200 $ 8,840 10 Contingency work 200 $ 40,000
Scale service delivery 200 200 $ 40,000
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
11 Manage CRM $ 110,000
Salesforce & website admin year 1 $ 20,000
Salesforce & website admin year 2 $ 60,000
Salesforce & website admin year 3 $ 30,000
Total 2735
Salesforce Licenses $ 33,334
$ 650,441
Costs associated with Task 11 will be billed at a rate of $5,000 monthly while the concierge CRM and website is supported through SMUD’s Salesforce platform. The monthly fee includes costs related to data storage, operations, maintenance, and troubleshooting of the CRM and its integration with the concierge website. If SMUD supports the migration of the concierge’s CRM from SMUD’s Salesforce platform to SVCE’s Salesforce, associated costs will fall under Task 11.

Budget Summary
In the initial concierge phase (June 2023 – August 2026), the summary costs are as follows:

Concierge Total Cost
Set Up Admin Hotline Incentives
Layering
Technical
Assistance
Electrification
Plans
1 $ 236,227 $ 96,025 $ 22,000 $ 6,417 $ 21,000 $ 36,000 2 $ 16,667 $ 117,053 $ 27,600 $ 8,050 $ 26,250 $ 45,000 3 $ 16,667 $ 83,545 $ 34,560 $ 10,080 $ 32,760 $ 56,160 Total $ 269,560 $ 296,623 $ 84,160 $ 24,547 $ 80,010 $ 137,160 $ 892,059 In the concierge extension (September 2026 – June 2028), the summary costs are as follows:

Concierge Total Cost
Manage
CRM,
License,
Contingency
Admin Hotline Incentives
Layering
Technical
Assistance
Electrification
Plans
Sept – Dec 2026 $ 50,001 $ 27,042 $ 21,645 $ 8,658 $ 1,582 $ 15,817 Jan – Dec 2027 $ 90,000 $ 103,600 $ 70,000 $ 28,000 $ 5,000 $ 50,000 Jan – June 2028 $ 43,333 $ 54,390 $ 37,500 $ 15,000 $ 2,625 $ 26,250 Total $ 183,334 $ 185,032 $ 185,032 $ 51,658 $ 9,207 $ 92,067 $ 650,441 Rates
Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2026 Version 1.0
Title Hourly
2023
Hourly
2024
Hourly
2025
Hourly
2026
Hourly
2027
Hourly
2028
Program Manager 160 170 180 190 200 210
Manager 160 170 180 190 200 210
IT Project Manager 160 170 180 190 200 210
IT Developer 160 170 180 190 200 210
Marketing Specialist 160 170 180 190 200 210
Market Research Specialist 160 170 180 190 200 210
Trainer 160 170 180 190 200 210
Energy Advisor 110 115 120 125 130 135
Energy Specialist 120 125 130 135 140 145
Energy Expert 120 125 130 135 140 145
Invoices
Monthly Invoicing: In order to request payment, Consultant shall submit monthly invoices to the Authority describing the services performed and the applicable charges (including a summary of the work performed during that period, personnel who performed the services, hours worked, task(s) for which work was performed). Authority shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth herein. Authority does not pay interest on past due amounts.

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. Travel expenses must be authorized in advance in writing by Authority
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from Authority Representative prior to commencement of any additional services. Consultant shall submit, at the Authority Representative’s request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

Item 1d
Attachment 1
Draft First Amendment with SMUD
1/2023 Version

AGREEMENT BETWEEN THE SILICON VALLEY CLEAN ENERGY AUTHORITY AND

SACRAMENTO MUNICIPAL UTILITY DISTRICT
FOR

ELECTRIFICATION CONCIERGE CONSULATNT SERVICES
THIS AGREEMENT (“Agreement”), is entered into this 15th day of June, 2022, by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY, an independent public agency, ("Authority"), and SACRAMENTO MUNICIPAL UTILITY DISTRICT, a political subdivision of the State of California established under the Municipal Utility District Act whose address is 6201 S Street, Sacramento CA, 95817 (hereinafter referred to as "Consultant") (collectively referred to as the “Parties” and individually as a “Party”).

RECITALS:

A. Authority is an independent public agency duly organized under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) with the power to conduct its business and enter into agreements.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement pursuant to the terms and conditions described herein.

C. Authority and Consultant desire to enter into an agreement for electrification concierge services for residential customers upon the terms and conditions herein.

NOW, THEREFORE, the Parties mutually agree as follows:

1. TERM
The term of this Agreement shall commence on June 21, 2023 and shall terminate on August 27, 2026 unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A" pursuant to the schedule of performance set forth in Exhibit "B," both of which are attached hereto and incorporated herein by this reference.

3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed eight hundred and ninety-two thousand fifty-nine dollars ($892,059.00) based on the rates and terms set forth in Exhibit "C," which is attached hereto and incorporated herein by this reference.

4. TIME IS OF THE ESSENCE
Consultant and Authority agree that time is of the essence regarding the performance of this Agreement.

DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version

5. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards of specially trained professionals in the San Francisco Bay Area under similar circumstances and in a manner reasonably satisfactory to Authority and agrees that all services shall be performed by qualified and experienced personnel. Consultant shall be responsible to Authority for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to Authority by redoing the professional work and/or revising the work product(s) called for in the Scope of Services to eliminate the errors.

Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by Authority, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, Authority may deduct the cost of such correction from any retention amount held by Authority or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

6. INDEPENDENT PARTIES
Authority and Consultant intend that the relationship between them created by this Agreement is that of an independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by Authority to its employees, including but not limited to, unemployment insurance, workers’ compensation plans, vacation and sick leave are available from Authority to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. Consultant shall indemnify and hold harmless Authority and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of Authority officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. Authority shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Authority from Consultant as a result of Consultant’s failure to promptly pay to Authority any reimbursement or indemnification arising under this section.

7. NO RECOURSE AGAINST CONSTITUENT MEMBERS OF AUTHORITY Authority is organized as a Joint Powers Authority in accordance with the Joint Powers Act of the State of California (Government Code Section 6500 et seq.) pursuant to a Joint Powers Agreement dated March 31, 2016, and is a public entity separate from its constituent members.

Authority shall solely be responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. Consultant shall have no rights and shall not make any claims, take any actions or assert any remedies against any of Authority’s constituent members in connection with this Agreement.

8. NON-DISCRIMINATION
In the performance of this Agreement, Consultant, and any subconsultant under the Consultant, shall not discriminate against any employee, subcontractor or applicant for DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation, military or veteran status, or other basis prohibited by law, except as provided in Government Code section 12940. Consultant shall have responsibility for compliance with this Section.

9. HOLD HARMLESS AND INDEMNIFICATION
A. General Indemnification. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend against third party claims, hold harmless and indemnify Authority and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those Authority agents serving as independent contractors in the role of Authority officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all reasonable attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

B. Intellectual Property Indemnification. Except for material in the public domain or provided by Authority, Consultant hereby certifies that it owns, controls, or licenses and retains all right, title, and interest in and to any intellectual property it uses in relation to this Agreement, including the design, look, feel, features, source code, content, and other technology relating to any part of the services and including all related patents, inventions, trademarks, and copyrights, all applications therefor, and all trade names, service marks, know how, and trade secrets (collectively referred to as “IP Rights”), except as otherwise expressly provided by this Agreement.

Consultant warrants that the services to be provided pursuant to this Agreement do not infringe, violate, trespass, or constitute the unauthorized use or misappropriation of any IP Rights of any third party. Consultant shall indemnify, defend, and hold Indemnitees, harmless from and against any Liabilities by a third party that the services to be provided pursuant to this Agreement infringe or violate any third-party’s IP Rights, provided any such right is enforceable in the United States.

Such costs and expenses shall include reasonable attorneys’ fees of counsel reasonably acceptable to Authority, expert fees and all other costs and fees of litigation.

C. The acceptance of the services by Authority shall not operate as a waiver of these rights of indemnification. The hold harmless and indemnification provisions of this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability.

D. Consultant’s indemnifications and obligations under this section shall survive the DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
expiration or termination of this Agreement.

10. INSURANCE
A. General Requirements. On or before the commencement of the term of this Agreement, Consultant shall furnish Authority with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D," which is attached hereto and incorporated herein by this reference. Such insurance and certificates, which do not limit Consultant’s indemnification obligations under this Agreement, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the Authority by certified mail, Attention: Chief Executive Officer." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to Authority and licensed to do insurance business in the State of California or satisfy the requirements through self-insurance. Endorsements naming the Authority as additional insured shall be submitted with the insurance certificates.

B. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her/its insurance for recovery. Consultant hereby grants to Authority, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or Authority with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of Consultant may acquire against Authority by virtue of the payment of any loss under such insurance.

C. Failure to Secure or Maintain Insurance. If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, Authority shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

D. Additional Insured. Authority, its members, officers, employees and volunteers shall be named as additional insureds under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

E. Sufficiency of Insurance. The insurance limits required by Authority are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant.

F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
proceeds available to the named insured, whichever is greater.

11. CONFLICT OF INTEREST
Consultant warrants that it, its officers, employees, associates and subcontractors, presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it, its officers, employees, associates and subcontractors, will not employ any person having such an interest.

Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the Authority Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this section into any subcontract that Consultant executes in connection with the performance of this Agreement. Consultant understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff Authority, as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations

12. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of Authority. Any attempt to do so without such consent shall be null and void, and any assignee, sublessee, pledgee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from Authority under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to Authority by Consultant.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation.

13. SUBCONTRACTOR APPROVAL
Unless prior written consent from Authority is obtained, only those persons and subcontractors whose names are attached to this Agreement shall be used in the performance of this Agreement.

In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance in substantial conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.

DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
Consultant agrees to include within their subcontract(s) with any and all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Consultant shall agree to be bound to Consultant and Authority in the same manner and to the same extent as Consultant is bound to Authority under this Agreement. Subcontractors shall agree to include these same provisions within any sub-subcontract. Consultant shall provide a copy of the Indemnity and Insurance provisions of this Agreement to any subcontractor. Consultant shall require all subcontractors to provide valid certificates of insurance and the required endorsements prior to commencement of any work and will provide proof of compliance to Authority.

14. REPORTS
A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of Authority. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to Authority the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of Authority, and all publication rights are reserved to Authority. Consultant may retain a copy of any Report furnished to the Authority pursuant to this Agreement.

B. All Reports prepared by Consultant may be used by Authority in execution or implementation of: (1) The original project for which Consultant was hired; (2) Completion of the original project by others; (3) Subsequent additions to the original project; and/or (4) Other Authority projects as Authority deems appropriate in its sole discretion C. Consultant shall, at such time and in such form as Authority may require, furnish reports concerning the status of services required under this Agreement.

D. All Reports shall also be provided in electronic format, both in the original file format (e.g., Microsoft Word) and in PDF format.

E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement that has not been publicly released shall be made available to any individual or organization by Consultant without prior approval by Authority.

F. Authority shall be the owner of and shall be entitled upon request to immediate possession of accurate reproducible copies of Reports or other pertinent data and information gathered or computed by Consultant prior to termination of this Agreement or upon completion of the work pursuant to this Agreement.

15. RECORDS
Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by Authority that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of the services and costs. All such records shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of Authority or its designees at all proper times, and gives Authority the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a minimum period of five (5) years after Consultant receives final payment from Authority for all DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
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services required under this agreement

16. PARTY REPRESENTATIVES
The Chief Executive Officer (“Authority Representative”) shall represent the Authority in all matters pertaining to the services to be performed under this Agreement. Tracy Carlson, Director of Community Energy Services (Consultant Representative”) shall represent Consultant in all matters pertaining to the services to be performed under this Agreement

17. CONFIDENTIAL INFORMATION AND DOCUMENTS
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by Authority. Authority shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the Authority Representative or unless requested in writing by the Authority Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the Authority.

Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives Authority notice of such court order or subpoena
B. Consultant shall promptly notify Authority should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Authority. Authority may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Authority and to provide Authority with the opportunity to review any response to discovery requests provided by Consultant. However, Authority’s right to review any such response does not imply or mean the right by Authority to control, direct or rewrite the response.

C. In the event Authority gives Consultant written notice of a “litigation hold”, then as to all data identified in such notice, Consultant shall, at no additional cost to Authority, isolate and preserve all such data pending receipt of further direction from the Authority D. Consultant agrees to comply with the confidentiality and data protection provisions set forth in Exhibit “E,” attached hereto and incorporated herein by this reference.

E. It is understood that both Parties are subject to the California Public Records Act (Gov. Code § 7920.000 et seq.). If a request under the California Public Records Act is made to view a Party’s Data, the other Party shall notify the Party that provided the Data of the request and the date that such records will be released to the requester unless that Party obtains a court order enjoining that disclosure. If the Party that provided the Data fails to obtain a court order enjoining that disclosure, the Party receiving the request will release the requested information on the date specified.

F. Consultant’s covenants under this section shall survive the expiration or termination of this Agreement.

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18. NOTICES
Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and Authority’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

TO AUTHORITY:
333 W. El Camino Real
Suite 330
Sunnyvale CA 94087
Attention: Chief Executive Officer
TO CONSULTANT:

Sacramento Municipal Utility District
6201 S Street
Sacramento, CA 95817
Attn: Ali Crawford, SMUD Legal

19. TERMINATION
In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified (which shall be determined by the Authority but shall be not less than 10 days) and according to the requirements set forth in Authority’s written notice of default, and in addition to any other remedy available to the Authority by law, the Authority Representative may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The Authority Representative shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance.

In the event of Authority’s termination of this Agreement due to no fault or failure of performance by Consultant, Authority shall pay Consultant for services satisfactorily performed up to the effective date of termination. Upon termination, Consultant shall immediately deliver to the Authority any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the property of Authority.

Consultant shall have no other claim against Authority by reason of such termination, including any claim for compensation.

20. COMPLIANCE WITH LAWS
Consultant shall keep itself informed of all applicable federal, state and local laws, ordinances, codes, regulations and requirements which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations, including, but not limited DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
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to the Americans with Disabilities Act, the Stored Communications Act, 18 U.S.C. Section 2701, et seq., California Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100 et seq. Authority, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.

Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to Authority that it has all licenses, permits, certificates, qualifications, and approvals required by law to provide the services and work required to perform services under this Agreement, including a business license. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

21. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State of California. The Agreement and obligations of the Parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Santa Clara, State of California.

22. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from Authority to do otherwise.

23. WAIVER
A waiver by Authority of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

24. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by a written document signed by both Authority and Consultant.

25. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have the legal Authority and authority to do so on behalf of their respective legal entities.

26. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
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correctly inserted, the Agreement shall be amended to make such insertion on application by either Party.

27. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

28. AUTHORITY’S RIGHTS TO EMPLOY OTHER CONSULTANTS
Authority reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.

29. EXHIBITS
The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.

30. FORCE MAJEURE
Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in Authority’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

31. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of Authority from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of Authority’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by Authority shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by Authority for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

32. ATTORNEY FEES
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

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33. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be illegal, invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

34. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement shall be binding on the successors and assigns of the Parties to this Agreement.

35. NO THIRD PARTY BENEFICIARIES INTENDED
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

36. COUNTERPARTS; FACSIMILE/PDF/ELECTRONIC SIGNATURE
This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument. The Parties agree that a facsimile, PDF or electronic signature may substitute for and have the same legal effect as the original signature.

37. DRAFTING PARTY
This Agreement shall be construed without regard to the Party that drafted it. Any ambiguity shall not be interpreted against either Party and shall, instead, be resolved in accordance with other applicable rules concerning the interpretation of contracts.

IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the date set forth above.

RECOMMENDED FOR APPROVAL
_______________________________
Justin Zagunis, Director of Decarbonization Programs and Policy

RECOMMENDED FOR APPROVAL
__________________________________________________________ Amrit Singh, Chief Financial Officer/Director of Administrative Services DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
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CONSULTANT NAME
Sacramento Municipal Utility District
By: ________________________
Name: ________________________
Title: _________________________
Date: __________________________

SILICON VALLEY CLEAN ENERGY

AUTHORITY
A Joint Powers Authority
By: ___________________________
Name: Girish Balachandran
Title: Chief Executive Officer
Date: __________________________
APPROVED AS TO FORM:
_______________________
Counsel for Authority
ATTEST:
_____________________
Authority Clerk
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BrandyBolden
ChiefCustomerOfficer
6/26/2023
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Exhibit A
Scope of Services
Sacramento Municipal Utility District (“SMUD”) will support (Silicon Valley Clean Energy Authority’s (“SVCE”) vision for a comprehensive, white-glove, customer-facing residential building electrification advisory service to their customers (hereafter referred to by the working title “Concierge” or “Concierge service”) for at least 3 years. The intent of the Concierge service is to help customers access the myriad programs and resources offered by SVCE and other entities as applicable to a given customer.

The overarching goals of the Concierge service will be to provide seamless support, assist a broad range of customers, and provide enhanced support to low-income and other underserved customer segments all while supporting the end goal of whole-home electrification. The Concierge service will focus on residents and owners of single-family homes and small multi-family properties (4 units or fewer) with non-central systems. The Concierge service will also be prepared to respond to residents in larger multi-family properties if they have questions.

SMUD will support the core elements of the Concierge program, including:
• Hotline and web interface - A central hotline offering phone, online chat, and email support and an online Concierge landing page.
• Incentives layering assistance - Support in navigating the complex incentive landscape and effectively layering incentives to achieve the best price. • Technical assistance - Access to technical experts who can help customers troubleshoot specific scenarios and detailed questions, with a specialty in minimizing the need for electrical panel and service upgrades (“Technical Assistance”). • Electrification plans – Whole-Home Building Electrification Plans (“Electrification Plan”) tailored to the customer’s home that map out the customer’s baseline energy use, energy efficiency opportunities, existing and future electrical panel capacity, steps they can take to fully electrify over time, and contractor recommendations and quotes for specific upgrades.
• Program referrals – Program referrals to complementary SVCE offerings that are relevant and of interest to the customer. The Concierge will understand all major, active programs at SVCE, as well as contractor resources and electricity rate options.

The Concierge service will provide a seamless customer journey and will be supported by SMUD’s many resources, including:
• Contact Center (“Contact Center”) staffed with Energy Advisors (“Energy Advisors”) trained in high-quality energy conversations and electrification technologies. • Energy Specialists (“Energy Specialists”) skilled at providing technical assistance to SMUD customers with high bills, customers in disadvantaged communities, ethnically diverse customers, and customers in multifamily dwellings. • Energy Experts (“Energy Experts”) who use energy usage data, premise data, and demographic data to create actionable energy plans for SVCE customers across multiple segments.
• Community Energy Services (“CES”) team with 25 people whose mission is to provide services to California’s Community Choice Aggregators (“CCAs”). • Market Research, Information Technology (“IT”), and Digital User Experience departments
• SMUD's in-house Culture Experts help translate materials into nine different languages, ensuring cultural sensitivity.

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• Concierge Customer Relationship Management tool (“CRM”), which will be hosted, managed, and maintained by SMUD.

Phone Hotline & Web Interface
SMUD will build and maintain a website for SVCE. SMUD will leverage their expertise from their Digital User Experience and Market Research departments to build a web experience that is engaging and informative and iterated upon through user testing. These departments will help SMUD refine the web design to meet customer expectations and deliver on SVCE’s objectives and key performance indicators (“KPIs”).

The Concierge website will include a description of the Concierge services, the core elements (incentive layering support, Technical Assistance, Electrification Plans, and program referrals), the Concierge support team, and expertise. An 800 number will be prominently displayed so customers can call if that is their preferred channel of communication. An email address contact will also be available if they wish to interact with the Concierge digitally. SMUD will enable Chat on this webpage which will be monitored by Energy Advisors. Links to SVCE programs and other resources will be included. The web page will include a web form that customers can complete. SMUD will develop scenarios or a brief survey that customers can complete which will tell SMUD the best, likely place to introduce the customer to the service. The inputs will help SMUD direct customers to the appropriate core service element. All content will be approved by SVCE’s marketing team. Form submission information will be recorded in CRM so that it will be available for all Concierge team members to use.

The hotline will be hosted by SMUD’s Call Center, staffed by Energy Advisors who will be able to answer requests related to SVCE, SVCE programs, high bill drivers, NEM impacts, incentives available, electrification technology basics, contractor options and tools, phone or web resources, and the Concierge service in general. Energy Advisors will also be able to assist customers in enrolling in SVCE programs (such as FutureFit Homes, GridShift, etc.), enrolling in Pacific Gas and Electric (“PG&E”) programs, such as the California Alternate Rates for Energy Program (“CARE”), and start incentive application processes (such as BayREN, TECH, etc.).

Energy Advisors will be able to help contractors (with tasks such as how to get on a contractor list, enroll in FutureFit Fundamentals, etc.). This Concierge group will be front-line and address the vast majority of customer requests.

SMUD will train staff on SVCE-specific information, including SVCE program information, incentives and resources available to customers who live in the SVCE territory.

Technical Assistance & Electrification Plans
There will be a second group of Energy Specialists and Energy Experts that will service customers who need Technical Assistance and Electrification Plans. This separation allows for specialization in skills and knowledge and ultimately better service for customers. There will be coordination between the groups so that it feels like one team to customers.

SMUD’s Energy Specialists have expansive electrification and energy expertise, not limited to their abilities to:
• Conduct virtual energy audits
• Provide electrification recommendations
• Understand panel upgrade tradeoffs & electrical distribution systems SMUD’s Energy Experts have similar skillsets as the Energy Experts, as well as significant experience in technical energy auditing.

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SMUD will develop customer and contractor-centric whole-building Electrification Plans for SVCE. SMUD will leverage their learnings on what engages customers, educates them, drives customer action, as well as what encourages and works for contractors. SMUD will deliver based on personal accuracy so the plans are individualized, and create a design that has the flexibility to be meaningful for any residential housing situation. SMUD’s Market Research group will help perform research and test design options and ultimately to co-create a final Electrification Plan design that is right for SVCE and SVCE customers.

Data needed from the customer and/or SVCE include:
• Contact information, property address
• Rate category, energy usage
• Estimated costs associated with recommended electrification equipment • Incentives the customer is eligible for, tax incentives and other benefits the customer is eligible for, estimated operational cost savings, net costs • Current equipment and envelope data and status
• Efficiency recommendations, electrification recommendations, panel recommendations, recommendations loading order, contractor list, considerations.

Data sources may include:
• 4013 Electronic Data Interchange (“EDI”) file
• Equipment cost averages for SVCE territory from contractors • SVCE incentives list and eligibility criteria from website • Incentives and tax information from relevant websites • Estimated operation costs savings
• Current equipment and envelope data and status from customer conversation, recommendations, loading order
• Contractor list from SVCE website
To ensure the Electrification Plan is actionable for both customers and contractors, SMUD will engage with customers who receive one of the Electrification Plans and those customers will be asked what information was most helpful to them, in order to refine the Electrification Plan over time. SMUD will also engage the contractors on SVCE’s contractor list and ask them for feedback into the final Electrification Plan design.

Customer Journey
SMUD will ensure consistency in point of contact via a dedicated team model. Each customer will get a team assigned to them as they start their journey consisting of one Energy Advisor, one Energy Specialist, one Energy Expert, and one Program Manager (not that all customers will need assistance from all members). When a customer calls into the hotline, an Energy Advisor will look to see if there is an existing service record for that customer and whether the customer has already participated in any SVCE programs and whether they are qualified low-income. The Energy Advisor will ask the customer a series of questions. Based on the responses, the Energy Advisor will then provide the customer some information, help them complete an enrollment, help them get to web resources, and provide whatever the customer needs. If the Energy Advisor deems Technical Assistance or an Electrification Plan is the next best step for the customer, they will offer to set an appointment with an Energy Specialist or an Energy Expert. The Advisor will also offer to get information for the customer from an Energy Specialist and get back to them personally, if the customer is uncomfortable setting an DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
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appointment. If at any time, a team member feels the customer needs “extra care”, the team member will transfer the customer to the Program Manager for special assistance.

SMUD will dedicate one Program Manager from their CES Program Administration team to oversee all activity. SMUD has nine Energy Specialists, two seniors, who are trained and provide technical assistance to SMUD customers today. They take calls and perform virtual assessments as well as in-home assessments. They make recommendations on measures and projects and can speak to the options related to panel upgrades. Two Energy Specialists will be selected to join the Concierge team. Other Energy Specialists can be selected as needed.

SMUD will ensure coordination among all team members through unified training materials, detailed interaction records, and well-defined hand-offs through workflows. Targeted training blocks will be developed by SMUD’s training staff to increase knowledge and synchronize the team.

A staffing and training plan is diagramed below.

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SMUD and SVCE estimate that the number of customer interactions supported by the Concierge over the next 3 years to be the following:

Hotline Web Incentives
Layering
Technical
Assistance
Electrification
Plans
Total
1 1,000 200 350 350 100
2 1,200 240 420 420 120
3 1,440 288 504 504 144
Total 3,640 728 1,274 1,274 364 7,280
SVCE and SMUD estimate the amount of Concierge staff time needed to support each customer interaction to be:

Hotline Calls 10 minutes
Web Chats/emails 10 minutes
Incentive Layering Assistance 10 minutes
Technical Assistance 30 minutes
Electrification Plans 60 minutes for customer call support 120 minutes for plan development
SMUD will work with SVCE’s marketing team to help drive customer traffic to the Concierge. If the customer volume or duration of interaction exceeds expectations, SMUD will first draw on budgeted use contingency funds to fund additional Concierge staff support.

The Concierge will provide the following customer response times:
• Contact center hours are 9am until 5pm, Monday through Friday, and voicemail will be available for after-hour calls. SMUD will provide a 60 second service level agreement for average speed of answer, and the current average is seven seconds. SMUD manages contacts in 150 languages, records all calls, provides random QA of calls, and offers robust call reporting.
• SMUD’s average speed of answer service level agreement for Energy Advisors is 60 seconds, but the current actual speed is closer to 10 seconds. Energy Advisors will also monitor chats and will respond within 60 seconds.
• Energy Advisors will schedule virtual appointments for Technical Assistance and Electrification Plans at the convenience of the customer. Energy Specialists and Energy Experts will be on time for appointments.
• Energy Specialists will provide summaries of conversations and resources via email within two business days.
• Energy Experts will create Electrification Plans and schedule with customers to go over the Plan, answer any questions and make adjustments. Energy Experts will provide the Electrification Plan to the customer via email within two business days.

Customer Relationship Management
SMUD will build a Salesforce CRM to house Concierge-specific data, enable workflows, and produce comprehensive, actionable reports. SMUD will leverage its IT team’s decades of experience building utility and Community Choice Aggregators CRMs, as well as its Market Research team to help deliver quality interfaces for employees that enable great customer experiences.

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Through the Concierge CRM, SMUD will record details of every interaction with customers so that any member of the team can have a thorough understanding of a particular customer’s journey, where they are at in it, and how they can best help that customer with their next step.

When a customer calls in, an Energy Advisor will look to see if there is an existing service record for that customer. If there is, the Energy Advisor will be able to help the customer get to the appropriate point in their journey, with the right team member. Over time, SMUD will integrate relevant historical information about the customer into the Concierge CRM such as SVCE programs they have participated in and their rate code.

Example Concierge CRM fields include:
• Team member name
• Customer contact information
• Time of interaction
• Web form fields, if applicable
• Reason for call
• Topics covered
• Applications completed
• Programs referred
• Resources referred
• Technical assistance provided
• Electrification plan provided
• Additional information needed
• Issues
• Issue resolution
• Appointment scheduled
• Call back time scheduled
• Customer sentiment
The Concierge CRM will be built leveraging SMUD’s existing CRM. SMUD will perform ongoing operations and maintenance on the Concierge CRM. SMUD’s Energy Advisors will use their existing Salesforce licenses to access the Concierge CRM, and SVCE will be responsible for the costs of six additional Salesforce licenses to enable the Concierge. These licenses will be used by Energy Specialists, the Concierge Program Manager, SVCE, and additional staff as needed.

In parallel, SVCE will inform SMUD of its long-term vision for its own CRM that may be developed in-house, with SMUD’s support, or by a separate third party. SMUD will build the Concierge CRM so that it can be migrated and/or repurposed to an SVCE owned CRM at a future date to minimize additional development costs.

In support of the Concierge CRM, SMUD’s IT will leverage SVCE’s DataHive platform as much as possible, but SVCE may need to provide SMUD with the PG&E 4013 files.

Future potential Concierge offerings
SVCE and SMUD may discuss expanding the Concierge offerings to include:
• Concierge support for SVCE”s commercial customers\
• White-labeled SMUD proprietary tools white-labeled to be made available to SVCE, such as the Time Of Day Cost Estimator
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Any additional services may be added to this Agreement through a written amendment signed by both Parties.

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Exhibit B
Schedule of Performance
This schedule may be modified with the written approval of the Authority.

Scope of Work Start Date End Date
Task # Task Title
0 Finalize contract and scope 05/26/23 05/31/23
1 Project management 05/26/23 08/27/2026
2 Develop implementation plan 05/26/23 06/30/23
3 Integrate Concierge with Existing Program
Administration Structure 05/26/23 06/30/23
4 Develop user interface and utilize a CRM 05/26/23 08/28/23 5 Train concierge personnel 08/01/23 08/28/23
6 Develop marketing and communications plan 08/01/23 08/27/2026 7 Launch and manage concierge services 08/28/23 08/27/2026 8 Integrate with future turnkey installation program 08/28/23 08/27/2026 9 Evaluate program performance 08/28/23 08/27/2026
10 Contingency work 08/28/23 08/27/2026
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Exhibit C
Compensation
Authority shall compensate Consultant for professional services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below.

Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set forth below.

The compensation to be paid to Consultant under this Agreement for all services described in Exhibit “A” and reimbursable expenses shall not exceed a total of eight hundred and ninety-two thousand fifty-nine dollars ($892,059), as set forth below. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to Authority unless previously approved in writing by Authority.

Scope of Work SVCE
Involvement/Milestone Hours Rate 3 Year Total
Task # Task Title
0 Finalize contract and scope 0 $ -
Resolve any contract exceptions noted
in proposal Facilitate resolution 0 160 $ -
Finalize scope of work for inclusion in
contract
Negotiate and approve
scope 0 160 $ -
Garner contract signatures Garner signature 0 160 $ -
1 Project management 162.00 $ 27,480
Prep for kick off meeting 2 160 $ 320
Identify and contact key participants in
kick off meeting
Provide input into key
participants 1 160 $ 160
Hold program kick off meeting Attend kick off meeting 2 160 $ 320 Draft minutes and outcomes from kick
off meeting
Provide feedback into
minutes 1 160 $ 160
Prep for, hold and draft minutes for bi-weekly check in meeting Attend bi-weekly meetings 156 170 $ 26,520 2 Develop implementation plan 158.5 $ 25,360
Kick off advisory group engagement Attend kick off meeting 1.5 160 $ 240 Develop advisory group questionnaire Provide input into advisory group questionnaire 4 160 $ 640
Coordinate and consolidate advisory
group feedback 4 160 $ 640
Draft advisory group feedback
summary 1 160 $ 160
Send advisory group feedback
summary 0.25 160 $ 40
Adjust advisory group feedback
summary
Provide feedback into
advisory group summary 1 160 $ 160
Finalize advisory group feedback
summary
Approve advisory group
summary 0.5 160 $ 80
Draft customer journey maps 12 160 $ 1,920
Send customer journey maps 0.25 160 $ 40
Adjust customer journey maps 2 160 $ 320
DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
Finalize customer journey maps 0.5 160 $ 80
Draft electrification plan format 16 160 $ 2,560
Send electrification plan format 0.25 160 $ 40
Adjust electrification plan format 4 160 $ 640
Finalize electrification plan format 0.5 160 $ 80
Draft hotline and web interface
implementation section 16 160 $ 2,560
Draft incentives layering assistance
implementation section 16 160 $ 2,560
Draft technical assistance
implementation section 16 160 $ 2,560
Draft electrification implementation
section 16 160 $ 2,560
Draft program referrals implementation
section 16 160 $ 2,560
Draft EM&V section 16 160 $ 2,560
Draft implementation plan 8 160 $ 1,280
Send draft to SVCE for review 0.25 160 $ 40
Adjust implementation plan Provide feedback into draft
plan 4 160 $ 640
Send draft to SVCE for review 0.5 160 $ 80
Finalize implementation plan Approve draft plan 2 160 $ 320 3 Integrate Concierge with Existing
Program Administration Structure 45.75 $ 7,320
Draft existing programs integration
section 4 160 $ 640
Send draft existing programs
integration section 0.25 160 $ 40
Adjust draft existing programs
integration section
Provide feedback into
existing programs plan 1 160 $ 160
Finalize draft existing programs
integration section
Approve existing programs
plan 0.5 160 $ 80
Integrate with existing programs 40 160 $ 6,400
4 Develop use interface and utilize a
CRM 802.25 $ 128,360
Develop preliminary hotline 109 160 $ 17,440
Develop preliminary web experience 213 160 $ 34,080
Develop preliminary CRM 356 160 $ 56,960
Provide live demonstration of
preliminary UI for hotline and web 2 160 $ 320
Adjust preliminary UI for hotline and
web
Provide feedback into
preliminary hotline and web 4 160 $ 640
Finalize preliminary UI for hotline and
web
Approve preliminary hotline
and web 1 160 $ 160
Provide live demonstration of UI for
CRM 2 160 $ 320
Adjust UI for CRM Provide feedback into CRM 4 160 $ 640 Finalize UI for CRM Approve CRM 1 160 $ 160
Develop UI for hotline and web
research plan 16 160 $ 2,560
Send UI for hotline and web research
plan 0.25 160 $ 40
DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
Adjust UI for hotline and web research
plan
Provide feedback into
research plan 2 160 $ 320
Finalize UI for hotline and web
research plan Approve research plan 0.5 160 $ 80
Draft usability script 32 160 $ 5,120
Send usability script 0.25 160 $ 40
Adjust usability script Provide feedback into
usability script 2 160 $ 320
Finalize usability script Approve usability script 0.5 160 $ 80 Program usability script 6 160 $ 960
Initiate soft launch 4 160 $ 640
Modify script 4 160 $ 640
Initiate full launch 6 160 $ 960
Review recordings 8 160 $ 1,280
Draft usability research summary 16 160 $ 2,560
Send usability research summary 0.25 160 $ 40
Adjust usability research summary Provide feedback into usability research summary 1 160 $ 160
Finalize usability research summary Approve usability research summary 0.5 160 $ 80
Update UI for hotline and web 8 160 $ 1,280
Provide live demonstration of final UI
for hotline and web
Approve final hotline and
web 3 160 $ 480
5 Train concierge personnel 757.50 $ 106,800
Develop training plan 48 160 $ 7,680
Send training plan 0.75 160 $ 120
Adjust training plan Provide feedback into
training plan 6 160 $ 960
Finalize training plan Approve training plan 1.5 160 $ 240 Develop training materials 288 160 $ 46,080
Be trained (8 hours) 360 120 $ 43,200
Deliver training 36 160 $ 5,760
Draft training summary report 12 160 $ 1,920
Send training summary report 0.75 160 $ 120
Adjust training summary report Provide feedback into
training summary report 3 160 $ 480
Finalize training summary report Approve training summary report 1.5 160 $ 240
6 Develop marketing and
communications plan 306.75 $ 51,960
Draft marketing and communication
plan 16 160 $ 2,560
Send marketing and communication
plan 0.25 160 $ 40
Adjust marketing and communication
plan
Provide feedback into
marketing plan 2 160 $ 320
Finalize marketing and communication
plan Approve marketing plan 0.5 160 $ 80
Implement marketing tactics 288 170 $ 48,960
7 Launch and manage concierge
services 2872 $ 359,332
DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
Deploy hotline 16 160 $ 2,560
Deploy web 16 160 $ 2,560
Update web 36 160 $ 5,760
Deploy CRM 16 160 $ 2,560
Draft report format 8 160 $ 1,280
Send report format 0.25 160 $ 40
Adjust report format Provide feedback into report 2 160 $ 320 Finalize report format Approve report 0.5 160 $ 80
Prepare and send weekly reports 39 170 $ 6,630
Answer questions/provide ad hoc
reporting 19.5 170 $ 3,315
Draft customer survey 8 160 $ 1,280
Send customer survey 0.25 160 $ 40
Adjust customer survey Provide feedback into
customer survey 2 160 $ 320
Finalize customer survey Approve customer survey 0.5 160 $ 80 Prepare and send weekly surveys 39 170 $ 6,630
Take hotline calls year 1 (1000, 10
mins) 200 110 $ 22,000
Take incentive layering calls year 1
(350, 10 min) 58 110 $ 6,417
Take technical assistance calls year 1
(350, 30 min) 175 120 $ 21,000
Take electrification plan calls year 1
(100, 60 min) 100 120 $ 12,000
Prepare electrification plans year 1
(100, 120 min) 200 120 $ 24,000
Take hotline calls year 2 (1200) 240 115 $ 27,600
Take incentive layering calls year 2
(420) 70 115 $ 8,050
Take technical assistance calls year 2
(420) 210 125 $ 26,250
Take electrification plan calls year 2
(120) 120 125 $ 15,000
Prepare electrification plans year 2
(120) 240 125 $ 30,000
Take hotline calls year 3 (1440) 288 120 $ 34,560
Take incentive layering calls year 3
(504) 84 120 $ 10,080
Take technical assistance calls year 3
(504) 252 130 $ 32,760
Take electrification plan calls year 3
(144) 144 130 $ 18,720
Prepare electrification plans year 3
(144) 288 130 $ 37,440
8 Integrate with future turnkey
installation program 10.75 $ 1,828
Draft turnkey program implementation
plan 8 170 $ 1,360
Send turnkey program implementation
plan 0.25 170 $ 43
Adjust turnkey program
implementation plan 2 170 $ 340
DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
Finalize turnkey program
implementation plan 0.5 170 $ 85
9 Evaluate program performance 24.00 $ 4,080
Provide data reports to 3rd party
EM&V consultant for program
evaluation 12 170 $ 2,040
Answer questions/provide ad hoc
reporting 12 170 $ 2,040
10 Contingency work 762.00 $ 129,540
Scale service delivery 96 170 $ 16,320
Customize scope to future program
offerings 96 170 $ 16,320
Other tasks as assigned 570 170 $ 96,900
Total 5,902 $ 842,059
Licenses $ 50,000
$ 892,059
Budget Summary
Concierge Total Cost
Set Up Admin Hotline Incentives
Layering
Technical
Assistance
Electrification
Plans
1 $ 236,227 $ 96,025 $ 22,000 $ 6,417 $ 21,000 $ 36,000 2 $ 16,667 $ 117,053 $ 27,600 $ 8,050 $ 26,250 $ 45,000 3 $ 16,667 $ 83,545 $ 34,560 $ 10,080 $ 32,760 $ 56,160 Total $ 269,560 $ 296,623 $ 84,160 $ 24,547 $ 80,010 $ 137,160 $ 892,059 Rates
Title Hourly
Year 1
Hourly
Year 2
Hourly
Year 3
Program Manager 160 170 180
Manager 160 170 180
IT Project Manager 160 170 180
IT Developer 160 170 180
Marketing Specialist 160 170 180
Market Research Specialist 160 170 180
Trainer 160 170 180
Energy Advisor 110 115 120
Energy Specialist 120 125 130
Energy Expert 120 125 130
Invoices
DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
Monthly Invoicing: In order to request payment, Consultant shall submit monthly invoices to the Authority describing the services performed and the applicable charges (including a summary of the work performed during that period, personnel who performed the services, hours worked, task(s) for which work was performed). Authority shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth herein. Authority does not pay interest on past due amounts.

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. Travel expenses must be authorized in advance in writing by Authority
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from Authority Representative prior to commencement of any additional services. Consultant shall submit, at the Authority Representative’s request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
Exhibit D
Insurance Requirements and Proof of Insurance
Consultant shall maintain the following minimum insurance coverage:

A. COVERAGE:
(1) Workers' Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage.

ISO occurrence Form CG 0001 or equivalent is required.
(3) Automotive:

Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.
(4) Professional Liability
Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. (5) Privacy and Cybersecurity Liability
Privacy and cybersecurity liability (including costs arising from data destruction, hacking or intentional breaches, crisis management activity related to data breaches, and legal claims for security breach, privacy violations, and notification costs of at least $5,000,000 US per occurrence.

DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
Exhibit E
Confidentiality and Data Security Requirements
Subject to the terms and conditions of the Agreement, current proprietary and confidential information of Authority regarding customers of Authority (“Authority Customers”) and/or other confidential information (collectively “Confidential Information”) may be disclosed to Consultant from time to time in connection herewith solely for the purposes set forth in the Agreement. Such disclosure is subject to the following legal continuing representations and warranties by Consultant:

1. The Confidential Information disclosed to Consultant in connection herewith may include, without limitation, the following information about Authority Customers: (a) names; (b) addresses; (c) telephone numbers and email addresses; (d) service agreement numbers and account numbers; (e) meter and other identification numbers; (f) Authority-designated account numbers; (g) electricity and gas usage (including monthly usage, monthly maximum demand, electrical or gas consumption, HP load, and other data detailing electricity or gas needs and patterns of usage); (h) billing information (including rate schedule, baseline zone, CARE participation, end use code (heat source) service voltage, medical baseline, meter cycle, bill cycle, balanced payment plan and other plans); (i) payment / deposit status; (j) number of units; and (k) other similar information specific to Authority Customers individually or in the aggregate. Confidential Information shall also include specifically any copies, drafts, revisions, analyses, summaries, extracts, memoranda, reports and other materials prepared by Consultant or its representatives that are derived from or based on Confidential Information disclosed by Authority, regardless of the form of media in which it is prepared, recorded or retained.

2. Except for electric and gas usage information provided to Consultant pursuant to this Agreement, Confidential Information does not include information that Consultant proves (a) was properly in the possession of Consultant at the time of disclosure; (b) is or becomes publicly known through no fault of Consultant, its employees or representatives; or (c) was independently developed by Consultant, its employees or representatives without access to any Confidential Information.

3. From the Effective Date, no portion of the Confidential Information may be disclosed, disseminated or appropriated by Consultant, or used for any purpose other than the purposes set forth in the Agreement.

4. Consultant shall, at all times and in perpetuity, keep the Confidential Information in the strictest confidence and shall take all reasonable measures to prevent unauthorized or improper disclosure or use of Confidential Information. Consultant shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure and prohibits the use of the data for purposes not set forth in the Agreement. Specifically, Consultant shall restrict access to Confidential Information, and to materials prepared in connection therewith, to those employees or representatives of Consultant who have a “need to know” such Confidential Information in the course of DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
their duties with respect to the Consultant program and who agree to be bound by the nondisclosure and confidentiality obligations of this Agreement. Prior to disclosing any Confidential Information to its employees or representatives, Consultant shall require such employees or representatives to whom Confidential Information is to be disclosed to review this Agreement and to agree to be bound by the terms of this Agreement. Consultant shall not disclose Confidential Information or otherwise make it available, in any form or manner, to any other person or entity that is not Consultant’s employee or representative (a “Third Party”), except where that Third Party has separately entered into a nondisclosure agreement with Authority. Without limiting Consultant’s obligation of confidentiality as further described herein, Consultant shall be responsible for establishing, maintaining, and providing a written description to Authority of, a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with or are substantial similar to the security controls identified in the current version of NIST SP800-53, and that is designed to: (a) ensure the security and confidentiality of the Authority’s Data; (b) protect against any anticipated threats or hazards to the security or integrity of the Data; (c) protect against unauthorized disclosure, access to, or use of the Data; (d) ensure the proper disposal of Data; and, (e) ensure that all employees, agents, and subcontractors of Consultant, if any, comply with all of the foregoing. In no case shall the safeguards of Consultant’s data privacy and information security program used to protect Data be less stringent than the safeguards used by Consultant for its own data. If the services include handling credit card information, then the Consultant shall comply at all times with all applicable Payment Card Industry Data Security Standards (PCI-DSS). Consultant agrees and warrants that it is responsible for the security of “cardholder data” that Consultant possesses, stores, processes or transmits on behalf of the Authority, and for any impact on the security of Authority’s cardholder data environment adversely affected by any failure of Company to maintain compliance with provisions of the PCI-DSS applicable to the services. No less than annually, Consultant shall conduct a comprehensive independent third-party audit of its data privacy and information security program and provide such audit findings to Authority. The required audit shall be a SAS-70 (or successor standard) compliant audit, and Consultant shall provide the audit findings in the form of an SAS-70 Type II report

5. Notwithstanding the above, Consultant may disclose Confidential Information to the extent required by an order or subpoena requiring the disclosure of such Confidential Information issued by a court or other governmental authority of competent jurisdiction, or lawful process requiring disclosure of such Confidential Information, provided that Consultant notifies Authority immediately upon receipt thereof to allow Authority to seek protective treatment for such Confidential Information.

6. In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of the Authority’s Data or the physical, technical, administrative, or organizational safeguards put in place by Consultant that relate to the protection of the security, confidentiality, or integrity of the Data, Consultant shall, as applicable: (a) notify Authority as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate with Authority in investigating the occurrence, including making available all relevant records, logs, files, data reporting, DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version
and other materials required to comply with applicable law or as otherwise required by Authority; (c) in the case of Confidential Information, at Authority’s sole election, (i) notify the affected individuals who comprise the Confidential Information as soon as practicable but no later than is required to comply with applicable law including, but not limited to, the provisions of California Civil Code Section 1798.82, or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (ii) reimburse Authority for any costs in notifying the affected individuals; (d) in the case of Confidential Information, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the Confidential Information for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting Consultant’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Authority for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Authority in connection with the occurrence; (g) be responsible for recreating lost Data in the manner and on the schedule set by Authority without charge to Authority; (h) provide to Authority a detailed plan within ten (10) calendar days of the occurrence describing the measures Consultant will undertake to prevent a future occurrence and (i) upon conclusion of the occurrence, or at Authority’s request, provide to Authority a comprehensive summary of the occurrence, including reason for occurrence, details of occurrence, how occurrence was addressed and any other information required by Authority, which shall be executed by Consultant and may be relied upon by Authority as a true and accurate account of the occurrence. Notification to affected individuals, as described above, shall comply with applicable law, be written in plain language, and contain, at a minimum: name and contact information of Consultant’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Consultant has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by Consultant. This Section shall survive the termination of this Agreement.

7. It shall be considered a material breach of this Agreement if Consultant engages in a pattern or practice of accessing, storing, using, or disclosing the Confidential Information in violation of the contractual obligations described herein. Consultant understands that if Authority finds that Consultant is engaged in a pattern or practice of accessing, storing, using, or disclosing Confidential Information in violation of this Agreement Authority shall promptly cease all disclosures of Confidential Information to Consultant. Consultant further understands that if Authority receives a customer complaint about Consultant’s misuse of data or other violation of the Disclosure Provisions, Authority shall promptly cease disclosing that customer’s information to Consultant and shall notify the California Public Utilities Commission of the complaint.

DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD
1/2023 Version

8. Consultant shall be liable for the actions of, or any disclosure or use by, its employees or representatives contrary to this Agreement; however, such liability shall not limit or prevent any actions by Authority directly against such employees or representatives for improper disclosure and/or use. In no event shall Consultant or its employees or representatives take any actions related to Confidential Information that are inconsistent with holding Confidential Information in strict confidence. Consultant shall immediately notify Authority in writing if it becomes aware of the possibility of any misuse or misappropriation of the Confidential Information by Consultant or any of its employees or representatives. However, nothing in this Agreement shall obligate the Authority to monitor or enforce the Consultant’s compliance with the terms of this Agreement.

9. Consultant shall comply with the consumer protections concerning subsequent disclosure and use set forth in Attachment B to California Public Utilities Commission (CPUC) Decision No. 12-08-045.

10. In addition to any other requirements set forth in the Agreement, within ten (10) business days of receipt of Authority’s written request, and at Authority’s option, Consultant will either return to Authority all tangible Confidential Information, including but not limited to all electronic files, documentation, notes, plans, drawings, and copies thereof, or will provide Authority with written certification that all such tangible Confidential Information of Authority has been destroyed.

11. Consultant acknowledges that disclosure or misappropriation of any Confidential Information could cause irreparable harm to Authority and/or Authority Customers, the amount of which may be difficult to assess. Accordingly, Consultant hereby confirms that the Authority shall be entitled to apply to a court of competent jurisdiction or the California Public Utilities Commission for an injunction, specific performance or such other relief (without posting bond) as may be appropriate in the event of improper disclosure or misuse of its Confidential Information by Consultant or its employees or representatives. Such right shall, however, be construed to be in addition to any other remedies available to the Authority, in law or equity.

12. In addition to all other remedies, Consultant shall indemnify and hold harmless Authority, its officers, employees, or agents from and against and claims, actions, suits, liabilities, damages, losses, expenses and costs (including reasonable attorneys’ fees, costs and disbursements) attributable to actions or non-actions of Consultant and/or its employees and/or its representatives in connection with the use or disclosure of Confidential Information.

13. When Consultant fully performs the purposes set forth in the Agreement, or if at any time Consultant ceases performance or Authority requires Consultant cease performance of the purposes set forth in the Agreement, Consultant shall promptly return or destroy (with written notice to Authority itemizing the materials destroyed) all Confidential Information then in its possession at the direction of Authority. Notwithstanding the foregoing, the nondisclosure obligations of this Agreement shall survive any termination of this Agreement.

DocuSignEnvelopeID:B3E0B58C-FE1B-43C5-A4F1-23894209D0AF Item 1d
Attachment 2
Agreement with SMUD

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Staff Report – Item 1e
Item 1e: Recommend the SVCE Board Approve Amendments to SVCE Policies From: Monica Padilla, CEO
Prepared by: Amrit Singh, CFO
Scott Wrigglesworth, Director of Risk and Analytics
Michael Callahan, General Counsel
Date: 6/10/2026

RECOMMENDATION
Staff requests that the Silicon Valley Clean Energy (SVCE) Board of Directors (Board) approve amendments to the following Board-adopted policies:

1. Finance Policy 2: Budget Adoption, Control and Reporting (“Budget Policy”);

2. Finance Policy 9: Financial Reserves (“Financial Reserves Policy”);

3. Finance Policy 11: Capitalization Policy;

4. Finance Policy 6: Purchasing and Spending Policy;

5. Finance Policy 8: Investment Policy;

6. Finance Policy 10: Delinquent Accounts and Collections;

7. Information Technology Policy 1: Information Technology;

8. Human Resources Policy 1: Personnel and Reimbursement; and

9. Customer Confidentiality Policy
A summary of the proposed changes is included in the “Analysis and Discussion” section below and the redlined and clean policies are attached.

FINANCE AND ADMINISTRATION COMMITTEE REVIEW AND RECOMMENDATION At its May 28, 2026, meeting, the Finance and Administration Committee (Finance Committee) reviewed and discussed staff’s proposed amendments to the Budget, Financial Reserves, Purchasing and Spending, Purchasing Card, Delinquent Account Collections, Investments, and Information Technology policies. Following the discussion, the Committee voted unanimously to recommend the amendments to the Board and to submit the proposal via the consent calendar.

Finance Policy 11: Capitalization Policy
At the November 24, 2025, Finance Committee meeting, staff, along with SVCE’s Accountant, Mike Maher from Maher Accountancy, provided the Committee with an overview of GASB 96 and discussed SVCE’s adoption of it. At that meeting, staff also discussed returning to the Committee with a proposal for a specific threshold for recognizing GASB 96 assets, similar to the current $5,000 threshold for capital assets, under which tangible assets at or below the threshold are expensed, and those above are capitalized and depreciated.

At the Finance Committee’s May 28, 2026, meeting, the Finance Committee also reviewed and discussed staff’s proposed amendments to the Capitalization Policy and recommended revising the Capitalization Policy’s review cadence from 5 to 3 years. With the change to the Capitalization Policy’s review cadence from 5 to 3 Item 1e
Agenda Item: 1e Agenda Date: 6/10/2026

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years, along with staff’s proposed changes, the Finance Committee voted unanimously to recommend the proposed amendments to the Board and to submit the proposal via the consent calendar.

EXECUTIVE COMMITTEE REVIEW AND RECOMMENDATION
At its April 24, 2026, meeting, the Executive Committee (Committee) reviewed and discussed staff’s proposed amendments to the Human Resources Policy 1: Personnel and Reimbursement, and Customer Confidentiality policies, and recommended clarifying a limit for delegated authority on separation agreements that is consistent with the annual delegated contracting authority for standard vendors. The Executive Committee also recommended adding a statement to the Confidentiality policy related to SVCE’s commitment to protecting customer data. The Committee voted unanimously to recommend the proposed amendments to the Board.

BACKGROUND
In 2024, staff performed a policy streamlining project to review, consolidate, and amend SVCE’s policies. As a result of the project, staff was able to retire policies that were no longer needed, standardize relevant policies, and create corresponding standards and procedures for internal use. Also identified in the project was the establishment of an update and training cadence for staff to review the policies on a more consistent basis for any changes and amendments needed. These changes to SVCE policies were approved by the Board of Directors on December 11, 2024.

Staff now undertakes regular reviews of policies and standards to identify potential improvements.

ANALYSIS & DISCUSSION

1. Finance Policy 2: Budget Adoption, Control and Reporting (Budget) & Financial Policy 9:

Financial Reserves
The proposed amendments would increase the contingency amount for power purchases, allowing the Chief Executive Officer (CEO) to overspend the total annual power supply budget by the lesser of 15% of the annual power supply budget or $50 million without Board approval, provided the overspending is due to higher power supply portfolio costs or increased customer demand (Attachment 1, redline). The revision of the Financial Reserves policy will enable the reserves to be drawn down by the CEO up to the new limits in the Budget policy.

SVCE’s current Budget Policy and the Financial Reserves Policy allow the CEO to exceed the annual budgeted power supply cost by the lesser of 10% or $30 million to account for market price and customer demand volatility. The Board revised the Energy Risk Management Policy (ERMP) in March 2025, reducing physical hedges (e.g., fewer purchases of fixed-price power) to reflect the estimated financial hedge from the Power Charge Indifference Adjustment1 (PCIA). These reduced physical hedges lower SVCE’s overall financial volatility, especially over the 2-year period that aligns with the California Public Utilities Commission’s (CPUC) setting of the PCIA rate; however, annual budget volatility increases, as explained in the next section. Staff’s analysis supports increasing the power supply contingency to ensure sufficient operating flexibility within the annual budget.

As shown in the stress test analyses, SVCE faces greater financial risk when energy prices decline because lower prices increase PCIA and can reduce Pacific Gas and Electric’s (PG&E) generation rates. SVCE can partially offset this risk by reducing its forward “physical energy” purchases that settle in the California Independent System Operator (CAISO) market. By reducing these forward purchases, SVCE can buy in the 1 Public Utility Code Sections 366.1 and 366.2 require the CPUC to make sure that customers leaving PG&E do not burden remaining PG&E customers with costs that were incurred to serve them. To ensure customer indifference, CCAs and Direct Access or departing load customers are required to pay a power charge indifference adjustment (PCIA).

Item 1e
Agenda Item: 1e Agenda Date: 6/10/2026

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CAISO day-ahead market, also known as the spot market, at lower prices when prices decline, rather than having bought them at higher prices in advance. While this is a sound risk-management practice that reduces SVCE’s financial volatility, it increases the volatility of the power supply budget. In a rising-price market, when SVCE’s overall financial position improves, not having bought energy ahead of time means its purchases in the CAISO spot market will be subject to higher prices. As a result, in a rising-price market, SVCE can more easily exceed the budget. As discussed previously with the Board, the impact on SVCE’s financials usually lags by a year because the CPUC allows PG&E to true up its rates and PCIA charges using a balancing account in the following year.

Another way of stating the PCIA hedge impact is that by leaving a portion of the energy supply portfolio cost to move up or down with market prices, it reduces SVCE’s financial risks over the two-year period because:
1) When energy prices decline during the budget year, SVCE’s power supply cost goes down, which then offsets next year's increase in PCIA.
2) There is no such thing as a free lunch; unfortunately, the opposite is also true. When energy prices rise during the budget year (which is when Power Supply Cost will likely exceed the budget), SVCE’s power supply cost increases, which will offset the next year's decrease in PCIA.

The diagram below summarizes the impact:

This illustration shows how accounting for movements in the PCIA, driven by changes in the market price of energy, provides SVCE with a financial hedge. The flat lines indicate no change or low variability relative to budgeted or expected outcomes. This is a simplified example to demonstrate the concepts. It is not possible to eliminate all price risks through hedging, or to be truly 100% hedged. Per the ERMP, SVCE is not required to have a fully hedged position when the budget is prepared. The flat lines in the second chart aim to show reduced variability or fluctuations in SVCE’s financial outcomes relative to the expected outcomes, rather than no change in the overall financial outlook, because the budget and SVCE’s finances are affected by many factors beyond energy prices. Additionally, SVCE lacks detailed information on the PCIA portfolio; therefore, the amount of the energy hedge position from the PCIA portfolio relies on staff’s best, but imperfect, estimates. Resource Adequacy (RA), Greenhouse Gas (GHG) attributes, and Renewable Portfolio Standards (RPS) prices also affect the power supply budget and the PCIA. Unlike energy, SVCE cannot adjust its RA, GHG, and RPS portfolio positions to account for the hedge impact from the PCIA portfolio due to the lack of a liquid settlement market (market-clearing price, such as that provided for energy through the CAISO market) and the need to maintain physical positions to meet its compliance requirements.

Before ERMP Changes
+ =
After ERMP Changes
Prices
Prices
+ =
+ =
Impact on SVCE's
Financials Over 2 Years Budget Next Year's PCIA
Budget Next Year's PCIA
Impact on SVCE's
Financials Over 2 Years + =
Prices
Prices
+ =
+ =
Described as being net long,
accounting for both physical and
financial positions. Long the market
meaning when energy prices
increase, financials really improve
and when energy prices drop,
financials really suffer.

Described as being hedged,
accounting for both physical and
financial positions. Changes in prices
do not improve or reduce financial
results as much.

Item 1e
Agenda Item: 1e Agenda Date: 6/10/2026

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As the illustration above shows, from a purely budgetary perspective, in a market with rising power prices, SVCE can now more easily exceed the budgeted Power Supply Costs and the overall budgeted expenditure.

Staff used the same portfolio and market data used to establish the Fiscal Year 2025-2026 annual budget to compute new contingency thresholds. The intent was to maintain the same probability of exceeding the power supply budget as before the ERMP change. The analysis shows that before the ERMP changes, the probability of needing to reset the budget ranged from 1% to 14%, depending on where the hedges fell within the allowable energy hedge bands. After the ERMP changes, the probability of resetting the budget ranges from 17% to 20%, depending on where the hedges fall within the allowable hedge bands. To bring the probability of resetting the budget closer to what it was before the ERMP changes, and using round numbers, the analyses support increasing the contingency threshold to the lesser of $50 million or a 15% change in total budgeted power supply costs. In other words, revise the Budget and the Financial Reserves Policies to grant the CEO the authority to overspend the total annual budget for power purchases by the lesser of 15% of the annual power supply budget or $50 million, without Board approval, provided the overspend is due to higher power supply costs or greater customer demand.

2. Finance Policy 11: Capitalization Policy
GASB 96 sets out the requirements for capitalizing and amortizing SBITAs, such as cloud software and certain IT services. Under GASB 96, qualifying SBITAs must be recognized in the Statement of Net Position (Balance Sheet) as an intangible asset, a right-to-use per contract, along with a corresponding liability for future payment obligations measured at present value. This includes software-as-a-service (SaaS) subscriptions such as Microsoft 365, Salesforce, and other customer program software.

Staff, in consultation with SVCE’s Accountant, proposes a $250,000 threshold for capitalizing SBITAs. If the net present value of future subscription payments, per contract, exceeds $250,000, SVCE will capitalize and amortize SBITAs. Those below the threshold will be expensed as incurred.

As with capital assets and leases, GASB 96 does not prescribe a specific capitalization threshold and allows management to exercise judgment in balancing administrative costs against the materiality of such treatment in the financial statements.

Government Finance Officers Association (GFOA) guidance on capitalization thresholds supports establishing different thresholds for different classes of assets. GFOA does not provide a specific threshold but supports not capitalizing small-value items that are immaterial, with periodic review of the capitalization threshold.

Compared with the capitalization threshold for capital assets, which is $5,000, the higher proposed $250,000 threshold for SBITAs is commensurate with their higher administrative, accounting, and audit costs. SBITAs require detailed contract analyses and ongoing reassessments for contract renewals, term changes, payment changes, and other contract modifications. Staff anticipates that approximately 5–10 contracts annually could fall below this threshold. These contracts would be expensed over the term of the subscription rather than capitalized. Staff believes the proposed threshold appropriately balances the administrative complexity and ongoing reassessment requirements associated with GASB 96 against the expected financial statement impact of smaller-dollar SBITAs. While individual contracts below the threshold may collectively represent a measurable amount, management will annually evaluate the aggregate impact of non-capitalized SBITAs to determine whether additional financial statement recognition or disclosure is warranted.

3. Purchasing and Spending Policy
The Purchasing and Spending Policy relates to SVCE’s ability to expend funds with vendors and includes proposed updates to: (1) remove the delegation on energy contracts to consolidate them in the Energy Risk Management Policy and Standard; (2) clarify that the Board delegates to staff the authority to enter into Item 1e
Agenda Item: 1e Agenda Date: 6/10/2026

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agreements associated with approved grant and scholarship programs; (3) clarifying SVCE can apply for external grant funds without Board approval; (4) delegating authority to the CEO to enter settlement agreements to accept up to $250,000, intended to address minor commercial disputes with vendors; (5) directing energy solicitation rules to be defined in the Energy Risk Management Standard; (6) clarifying emergency procurement rules including the definition of an emergency and adding in a shorter notice period for the Board on emergency public works procurement; and (7) clarifying the CFO can delegate their authority to approve wire transfers. These changes are intended to enhance aspects of the policy and make it more complete, clarify delegations to the CEO and reduce the administrative items that must be decided by the Board, and improve organization of procurement-related policies.

4. Investment Policy
The Investment Policy revision is intended to clarify that SVCE will manage diversification of investments by issuer. Previously the policy called for SVCE to manage diversification by both financial institution and security type. However, this broad language referencing financial institution could be inadvertently read to include SVCE’s financial advisor. Staff recommends modifying this language to issuer to make it clear diversification should apply to those entities in which SVCE is investing. Staff recommends removing the reference to security type because those levels may appropriately exceed 5% depending on the type of security and are governed by limits in the Investment Standard.

5. Information Technology and Delinquent Accounts and Collections Staff recommend minor clean up, including title changes, to the following policies: (1) IT, and (2) Delinquent Accounts and Collections.

6. Human Resources Policy 1: Personnel and Reimbursement The Personnel and Reimbursement Policy has proposed updates to: (1) shift the appointment of the General Counsel from the Board to the CEO; (2) clarify the CEO has authority to terminate staff which includes entering into severance agreements; (3) clarifying the budget shall include staff costs such as salaries and benefits; and (4) providing the CEO authority to modify benefits within budget, but requiring Board approval for increases or decreases to paid time off such as holidays, furloughs, bereavement leave, and regular paid time off. These changes are intended to clarify delegations to the CEO and reduce the administrative items that must be decided by the Board.

7. Customer Confidentiality Policy
The Customer Confidentiality Policy includes a revision to clarify that SVCE may utilize customer data for period beyond the current five-year default period. The data is used for load forecasting and other business purposes such as customer programs planning. The extended period will help SVCE manage its business risks and ensure forecasting and planning is based on the best available data.

STRATEGIC PLAN
Prudently managing SVCE’s financial position is supported by Strategic Plan Goal 6 – “Maintain healthy financial position; avoid failures in the management of market risk, credit risk, liquidity risk, operational risks, and enterprise risks.”
Reviewing, updating, and amending SVCE’s policies applies to Goal 9 of SVCE’s Strategic Plan to, “Implement industry best practices to enable data-driven decision making across the organization; enhance systems, standards and procedures to streamline business processes and improve operational effectiveness and reliability (aka SVCE 3.0).”
Item 1e
Agenda Item: 1e Agenda Date: 6/10/2026

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ALTERNATIVE
Staff is open to feedback and suggestions from the Board.

Capitalization: The Board can propose a lower or higher capitalization threshold.

FISCAL IMPACT
Generally, the policy changes to not have a fiscal impact.

Personnel and Reimbursement: No fiscal impact as a result of approving policy amendments as any additional delegated authority would remain limited by a Board-approved budget.

Capitalization: There is no direct fiscal impact, but setting a threshold too low will increase future administrative, accounting, and auditing costs.

ATTACHMENTS

1. Financial Policy 2: Budget Adoption, Control and Reporting (redline)

2. Financial Policy 2: Budget Adoption, Control and Reporting (clean)

3. Financial Policy 9: Financial Reserves (redline)

4. Financial Policy 9: Financial Reserves (clean)

5. Financial Policy 11: Capitalization (redline)

6. Financial Policy 11: Capitalization (clean)

7. Finance Policy 6: Purchasing and Spending Policy (redline)

8. Finance Policy 6: Purchasing and Spending Policy (clean)

9. Finance Policy 8: Investment Policy Investment Policy (redline)

10. Finance Policy 8: Investment Policy Investment Policy (clean)

11. Finance Policy 10: Delinquent Accounts and Collections Policy (redline)

12. Finance Policy 10: Delinquent Accounts and Collections Policy (clean)

13. Information Technology Policy 1: IT Policy (redline)

14. Information Technology Policy 1: IT Policy (clean)

15. Human Resources Policy 1: Personnel and Reimbursement (redline)

16. Human Resources Policy 1: Personnel and Reimbursement (clean)

17. Customer Confidentiality Policy (redline)

18. Customer Confidentiality Policy (clean)
Item 1e
Finance Policy 2: Budget Adoption, Control and Reporting I. Purpose
This Budget Adoption, Control and Reporting Policy (“Budget Policy”) provides clarity about budget authority for the Chief Executive Officer (CEO) of Silicon Valley Clean Energy (SVCE) and lays out budget adoption and periodic budget reporting requirements. The policy also allows for sufficient flexibility to address the volatility of the power supply portfolio consistent with SVCE’s Financial Reserves Policy.

II. Scope
All budget requirements.

III. Policy
A. Budget Adoption
• The CEO, in concurrence with the Finance and Administration Committee, shall prepare a budget for the Board for the following fiscal year one month prior to the end of the fiscal year. The proposed budget shall be balanced and in alignment with the proposed Strategic Plan.

The budget shall reflect all activities, including operating, capital programs expenditures, revenues and risk. The CEO will maintain standards related to showings for capital expenditures for budgeting purposes. A balanced budget is one in which expenditures are matched by revenues and recommended changes to reserves.
• The CEO shall submit a recommended budget document for adoption to the Board of Directors for approval by Resolution. When approved by the Board, the budget shall be considered adopted and appropriated at the level it is controlled by the CEO, discussed below. • In the event that the Board does not adopt the proposed budget by the end of the fiscal year, the Board of Directors may adopt a continuing appropriations resolution until such time as a budget is adopted. A continuing appropriations resolution would provide that payments for services performed on behalf of the Agency and authorization of awarded contracts would continue until such time as the budget is adopted.
• The budget document will also contain the following, at minimum, a schedule showing revenues, expenses, and changes to financial reserves. The first year of the five-year horizon is the budget to be Item 1e
Attachment 1
FP2: Redline
SILICON VALLEY <3/ CLEAN ENERGY

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Effective on 063/101/2026
considered and formally adopted by the Board by Resolution. The final four years are shown for planning purposes and may be shown at more summary levels.
• The first-year proposed budget shall further show:
o Expenditures by expense type/category across the
organization;
o Projected revenues;
o Organization chart(s) showing all proposed budgeted positions in the organization;
o A current salary schedule for job classifications to be in effect for the proposed fiscal year (Salaries may be adjusted by the CEO in the fiscal year, with salary changes being reported to the Board).

B. Budget Control
• After adoption, the budget shall be controlled by the CEO at the total annual expenditure level for the SVCE organization, which includes power purchases, employee costs, contract and professional services, capital improvements, debt service, and all other costs. Customer Generation Rates will be set per the Board approved budget for the corresponding fiscal year or as designated by the Board after establishing the budget. The total budget may be amended by the Board during the year by Resolution.
• The CEO may institute separate budget procedures internally that give the CEO further controls at the department and/or expenditure category level if the CEO so desires.

C. Budget Reporting
• A budget-to-actual status update report shall be presented to the Board on a quarterly basis.

D. Authority to Flexibly Staff and Overhire Budgeted Positions • Under the Human Resources Policy 01: Personnel and Reimbursement, the CEO is authorized to hire in excess of 10% of the number of positions shown in the annual budget without prior approval of the Board.

Item 1e
Attachment 1
FP2: Redline

Page 3 ends

Effective on 063/101/2026
• In no case shall positions be added or salaries be adjusted during the year that cause the total annual budget to be exceeded in total by fiscal year-end without prior Board approval by Resolution.

E. Power/Energy Purchases Contingency
• The nature of the power markets is one of rapid changes in prices and market volatility. The ability to quickly adapt to those changes is important for maintaining consistent power delivery to customers.

Therefore, the CEO is granted authority to overspend the total annual budget for power supply purchases by the lesser of 1015% of the annual power supply budget, or $5030 million, without Board approval provided the over expenditure is due to higher energy power supply costs or greater customer demand. Overspending for these purposes may require use of reserves and the conditions on use of reserves as stated in the Financial Reserves Policy apply, where reserves cannot be drawn down more than 1015% of the year’s budgeted cost of power supply or $5030 million, whichever is less, nor below the baseline Minimum Operating Reserve level without Board approval.

IV. Policy Compliance
A. Violations
• Any known violations of this policy must be immediately reported to the Finance and Administration Committee, CEO, and General Counsel. • Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment.

B. Cadence for Review
• This Policy will be reviewed at least every five (5) years.

Item 1e
Attachment 1
FP2: Redline
Finance Policy 2: Budget Adoption, Control and Reporting I. Purpose
This Budget Adoption, Control and Reporting Policy (“Budget Policy”) provides clarity about budget authority for the Chief Executive Officer (CEO) of Silicon Valley Clean Energy (SVCE) and lays out budget adoption and periodic budget reporting requirements. The policy also allows for sufficient flexibility to address the volatility of the power supply portfolio consistent with SVCE’s Financial Reserves Policy.

II. Scope
All budget requirements.

III. Policy
A. Budget Adoption
• The CEO, in concurrence with the Finance and Administration Committee, shall prepare a budget for the Board for the following fiscal year one month prior to the end of the fiscal year. The proposed budget shall be balanced and in alignment with the proposed Strategic Plan.

The budget shall reflect all activities, including operating, capital programs expenditures, revenues and risk. The CEO will maintain standards related to showings for capital expenditures for budgeting purposes. A balanced budget is one in which expenditures are matched by revenues and recommended changes to reserves.
• The CEO shall submit a recommended budget document for adoption to the Board of Directors for approval by Resolution. When approved by the Board, the budget shall be considered adopted and appropriated at the level it is controlled by the CEO, discussed below. • In the event that the Board does not adopt the proposed budget by the end of the fiscal year, the Board of Directors may adopt a continuing appropriations resolution until such time as a budget is adopted. A continuing appropriations resolution would provide that payments for services performed on behalf of the Agency and authorization of awarded contracts would continue until such time as the budget is adopted.

Item 1e
Attachment 2
FP2: Clean
SILICON VALLEY <3/ CLEAN ENERGY

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Effective on 06/10/2026
• Staff will prepare a five-year financial forecast as part of the budget process projecting revenues and expenditures for all operating funds and planned capital projects in alignment with the Strategic Plan. • The budget document will also contain the following, at minimum, a schedule showing revenues, expenses, and changes to financial reserves. The first year of the five-year horizon is the budget to be considered and formally adopted by the Board by Resolution. The final four years are shown for planning purposes and may be shown at more summary levels.
• The first-year proposed budget shall further show:
o Expenditures by expense type/category across the
organization;
o Projected revenues;
o Organization chart(s) showing all proposed budgeted positions in the organization;
o A current salary schedule for job classifications to be in effect for the proposed fiscal year (Salaries may be adjusted by the CEO in the fiscal year, with salary changes being reported to the Board).

B. Budget Control
• After adoption, the budget shall be controlled by the CEO at the total annual expenditure level for the SVCE organization, which includes power purchases, employee costs, contract and professional services, capital improvements, debt service, and all other costs. Customer Generation Rates will be set per the Board approved budget for the corresponding fiscal year or as designated by the Board after establishing the budget. The total budget may be amended by the Board during the year by Resolution.
• The CEO may institute separate budget procedures internally that give the CEO further controls at the department and/or expenditure category level if the CEO so desires.

C. Budget Reporting
• A budget-to-actual status update report shall be presented to the Board on a quarterly basis.

Item 1e
Attachment 2
FP2: Clean

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