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HomeMy WebLinkAboutCC Resolution 13353 - Authorization to Accept Silicon Valley Clean EnergyRESOLUTION NO. 13353 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ACCEPTANCE OF A SILICON VALLEY CLEAN ENERGY (SVCE) 2024 MEMBER AGENCY NONCOMPETITIVE GRANT AWARD, APPROVING THE GRANT AGREEMENT, AND THE ASSOCIATED BUDGET ADJUSTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WHEREAS, in October 2024, Silicon Valley Clean Energy (SVCE) announced a round of Noncompetitive Member Agency Grants and informed agencies of a December 5, 2025, deadline for submittal of applications, as well as the grant requirements; WHEREAS, the City of Campbell has been allocated $216,105 as part of a formula award; WHEREAS, the Noncompetitive Member Agency Grants may be used for projects that support clean energy and climate goals, such as building or transportation electrification, energy resilience, or community engagement on these topics; WHEREAS, according to the City's vehicle replacement criteria, nearly 20% of the City's fleet is overdue for replacement, with another 15% of the fleet due for replacement in the next two years; WHEREAS, the grant funds would be used to purchase two Ford Lightening Pro trucks and three electric lawn mowers; WHEREAS, staff estimates the cost of vehicles and equipment to be $220,985 and was allocated $216,105 in grant funds, WHEREAS, the SVCE funds will fund the majority of the project, with an anticipated cost of $4,880 of funds that have already been appropriated in the Public Works Maintenance fleet operations budget; WHEREAS, on October 23, 2025, the City of Campbell submitted a proposal to SVCE; WHEREAS, on November 3, 2025, the City of Campbell received confirmation from SVCE that the proposal was accepted; WHEREAS, the SVCE Member Agency Grant Program Agreement outlines the key obligations and terms for the grant; WHEREAS, the City Council has reviewed the SVCE Member Agency Grant Program Agreement as set forth by Attachment 2; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell authorizes the acceptance of a Silicon Valley Clean Energy (SVCE) 2024 Member Agency Noncompetitive Grant award, approves the grant agreement and the associated budget adjustment and authorizes the City Manager to execute the grant agreement. PASSED AND ADOPTED this 2nd day of December, 2025, by the following roll call vote: AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Sergio Lopez, Mayor ATTEST: kd ea Andrea Sanders, City Clerk S I LI CO N VALLEY k< CLEAN ENERGY 333 W El Camino Real, Suite 330 1 Sunnyvale, CA 94087 1 1-844-474-SVCE (7823) 1 SVCleanEnergy. org 2024 SVCE Noncompetitive Member Agency Grant Form Grant Program Overview The Silicon Valley Clean Energy (SVCE) Noncompetitive Member Agency Grant program provides $3.5 Million for SVCE's thirteen member agencies. Each member agency will be awarded funding to invest in a project that supports building or transportation electrification, energy resilience, or community engagement on these topics. The purpose of this grant is to support each member agency's clean energy and climate goals by providing a wide range of project options that align with SVCE's mission. Member agencies may split their funding between two projects and may choose to pass all or part of their funds to a public or community entity that is an SVCE customer for activities within its jurisdiction. Two member agencies can combine their funds for a single project if a site serves both jurisdictions. A separate Grant Form must be submitted for each project. SVCE requires a completed 2024 SVCE Member Agency Noncompetitive Grant Application Form ("Grant Form") and an executed Grant Agreement for each project. The dates are as follows: Submit a complete Grant Form by Friday, December 5, 2025. Please complete the Grant Form and have it approved as required by the member agency and signed by the member agency's chief executive. Please title the email subject "[INSERT AGENCY] Noncompetitive Grant Application" and send to Jessica Cornejo [jessica.corn ejo@svcleanenergy.org]. Staff will review and ensure it meets the requirements prior to initiating the Grant Agreement. Execute the Grant Agreement at the earliest convenience after Grant Form approval. SVCE's standard Grant Agreement is attached at the end of the Grant Form. Upon approval of the Grant Form, the member jurisdiction will need to accept and complete SVCE's Grant Agreement prior to expending any grant funds. Please complete it and have it approved as required by the member agency and signed by the member agency's chief executive and send to Jessica Cornejo [jessica.corn ejo@svcleanenergy.org]. The Grant Agreement will then be routed to SVCE's Chief Executive Officer for final approval and signature. If Member Agencies do not meet the Grant Form deadline of December 5, 2025, their grant fund allocation will be revoked. • Facility & Fleet Resilience (e.g., solar + battery storage, battery added to existing solar, off -grid EV chargers) • Decarb Demonstration (any of the above examples combined with an educational component. Remove gas infrastructure and replace space/water/pool heating with heat pumps, kitchen electrification paired with an optional community engagement and education plan) • Innovative Community Engagement (e.g., Community Needs Assessment, resilience hub tours, electric home tours, induction cooktop campaigns, rebates or incentives for electric appliances) Solar and Battery Project Requirement Member agencies understand that to receive grant funds for solar and battery storage projects, SVCE shall have the first right of refusal to receive attributes from the project, such as resource adequacy (RA) or other capacity attributes, and renewable energy credits (RECs). During the procurement process, the member agency must request that the vendor provide the following information: Option 1) bid for the project including attributes (vendor gives up right to attributes) and Option 2) bid for the project without attributes (vendor owns right to attributes). SVCE will review vendor responses before the member agency begins contracting with the vendor. If the project is contracted for under Option 1, and if SVCE does not communicate a need to use the project's RA or capacity attributes, the vendor may keep the attributes. Member agency understands that to receive grant funds for solar and battery storage projects, their site may be required to participate in an SVCE Demand Response (DR) program. If the member agency is interested in participating in an external DR program, they must notify SVCE to receive approval. If the member agency has questions on this requirement, please reach out to SVCE. Grant Form Terms and Conditions All parties acknowledge that SVCE is a public agency subject to the requirements of the California Public Records Act, Cal. Gov. Code section 7920.000 et seq. Applications submitted are public records subject to public review. The submission of a Grant Form shall be deemed a representation and certification by the member agency that it: • Has read, understands and agrees to the information and requirements set forth in this Grant Form. • Has the capability to complete the responsibilities and obligations of the Grant Form being submitted. • Represents that all information contained in the Grant Form is true and correct. • Acknowledges that SVCE has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by member agency. • Will provide any and all documentation related to the Grant Form in a timely manner. • Has disclosed any conflicts of interest. Grant Form Questions: Date of Grant Form: Name of Agency: 10/10/2025 City of Campbell Name and Email of Project Team: Project Name: Ron Taormina• Tiffany Hudson Campbell Fleet Electrification Email: ront(cbcampbelica.gov; Project Address: tiffan h cam bellca. ov 290 Dillon Ave Campbell, CA 95008 Project Summary- Please briefly describe the project, site, technology (if applicable), and intended audience. This project will align with CARB's Advanced Clean Fleets Regulation and make progress on the goals of the City's Climate Action and Adaptation, Plan by decarbonizing a portion of Public Work's fleet and off -road equipment. Two internal combustion vehicles in our Public Works Maintenance fleet will be replaced with an electric alternative - the Ford F150 Lightening Pro. Additionally, we will replace three gas -powered lawn mowers with three zero -emission alternatives. These vehicles and equipment will be located at the City's Corporation Yard at 290 Dillon Avenue and will be used by Maintenance staff. Replacing this equipment is estimated to result in an annual reduction of 7 MT CO2e. Decarbonization and/or Resilience Benefits - Please describe how this project supports your agency's greenhouse gas reduction goals or climate action goals. How will the project deliver immediate decarbonization and/or resilience benefits? How will it deliver/influence long-term decarbonization and/or resilience goals? Quantify the impacts, if possible, and discuss the more qualitative impacts. This project will provide immediate decarbonization benefits by removing two internal combustion vehicles from our fleet and three gas -powered lawn mowers, replacing them with zero -emission alternatives. It will support long- term decarbonization goals by helping the City with the fleet electrification plan provided by Optony. While we will eventually need to upgrade infrastructure and service at the Corps Yard, this project will allow us to move forward with decarbonization efforts without needing to make major upgrades. We estimate these replacements will save 7 MT CO2e annually. Community Engagement (OPTIONAL) - Please outline your agency's plan to engage the community for this project. If you are opting to include a community engagement plan, please include the needed items and activities in the proposed budget. This project is located on City -owned property and will not include a community engagement component. Project Timeline — Please provide a detailed timeline of the project's activities and key milestones. Months following grant Activities, Milestones award 1 Take item to City Council to accept grant award; Generate P.O. with Ford; Generate P.O. with Gardenland 2 Place orders for all equipment; Receive lawn equipment from Gardenland 8 Receive trucks from Ford 9 Install EV charging equipment Eligible and Ineligible Project Costs: Eligible project costs include: • Purchase of technologies that are either listed above or are alternatives to gas - powered appliances and align with SVCE's mission. • Consultant costs for planning, designing, and construction of the project. • Costs associated with community feedback sessions, outreach and education events, and marketing materials (e.g., banners, flyers, and permanent signage). • Fellow or intern. The fellow/intern's assigned project must produce a deliverable directly related to decarbonization or complementary to the proposed project. • Only costs directly related to activities or improvements made within the jurisdiction are eligible. Ineligible project costs include: • Solar projects not paired with a battery. • Energy and water efficiency, lighting, and landscape upgrade. • Permit fees. • Permanent staff time. • Engagement activities that only address online engagement (e.g., webinars, online surveys) . • Physical maintenance costs not related to the project's primary purpose of electrification or resilience (e.g., asphalt and repainting). Stacking SVCE & External Grants: SVCE will allow stacking with the 2024 Competitive Member Agency Grant. The Competitive Member Agency Grant offers competitive funding to each of the thirteen member agencies to support the development of capital or engagement projects that support the electrification of SILICON VALLEY CLEAN ENERGY MEMBER AGENCY GRANT PROGRAM AGREEMENT THIS AGREEMENT is made and effective on the date of last signature below ("Effective Date") by and between the Silicon Valley Clean Energy Authority ("SVCE"), an independent public agency and City of Campbell ("Recipient") In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:" 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. SVCE's Member Agency Non -Competitive grant program ("Program") will provide $3M in grants to member jurisdictions to plan and develop decarbonization demonstration, energy resilience, and engagement projects. B. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for a decarbonization demonstration, energy resilience, and engagement projects ("Project"). The scope and estimated budget for the Project are included in Exhibit A. C. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement. 2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $216,105, subject to the provisions of this Agreement ("Grant Funds"). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein. 3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process: A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds. B. Requests for payment submitted to SVCE shall include: 1) a cover letter in the agency's letterhead summarizing the project and requested dollar amount for reimbursement 2) an itemized list of all expenditures; and 3) supporting documentation that clearly identifies the expenditure(s) in relation to the scope of the Project set forth in Exhibit A of this Agreement. Payment requests should be aggregated and submitted after Project completion. C. SVCE shall process requests for payment and remit payment within 30 days. D. If, in SVCE's sole discretion, the request for payment is incomplete, inadequate, or inaccurate, may dispute the invoice for reasona -le cause an all or�ion oflhe payment request until all required information is received or corrected. Any penalties imposed Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require. 7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section. 8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient's subcontractors also comply with all applicable public works/prevailing wage requirements. 9. PROCUREMENT. At minimum, Recipient shall abide by Recipient's purchasing regulations and policies and all California laws and regulations in procuring goods or services where the costs are eligible for reimbursement under this Agreement. 10. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 7920.000 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as "confidential" shall be deemed "Confidential Information." Upon request or demand of any third person or entity ("Requestor") for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made. Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE's right to disclose Confidential Information as may be required by law, if Recipient takes no such action after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure. 11. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses: SVCE: Silicon Valley Clean Energy Authority 333 W. El Camino Real 4330 Sunnyvale, CA 94087 Attention: jessica.cornejonsvcleanenerg�org Workers' compensation, as required by the State of California; Commercial general liability coverage with minimum limits of $3,000,000 per occurrence and $5,000,000 aggregate for bodily injury and property damage. ISO occurrence Form CG 0001 or equivalent is required; • Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required. C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best's Insurance Rating of AXII unless otherwise approved in writing as satisfactory to SVCE. The Recipient may satisfy its obligations under this Section through self-insurance. D. The insurance limits required by SVCE are not represented as being sufficient to protect Recipient. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient. E. The coverage requirements can be satisfied by self-insurance or pooled risk plans that provide comparable coverage. 15. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is. sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE's sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. "Event of Default" shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement,'representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement. 16. NON -APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE's intention to terminate. 17. NON -WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 18. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE. 19. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior 21. NO THIRD -PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto. 22. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. 23. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective. 25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each parry is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. COMMUNICATIONS AND ENGAGEMENT. Recipient agrees that SVCE may use and publicize information and visual materials (photos, videos, etc.) related to this project, including (but not limited to) information and visual materials provided in this application, updates, or follow-up information. Recipient will coordinate in good faith with SVCE on follow- up activities, such as interviews, outreach coordination, photo or video shoots, requests for additional information, and the design of educational materials and signage related to the project. Recipient will work with SVCE to schedule all coordination and activities within a determined and mutually agreed -upon time frame and understand that refusal or failure to collaborate on marketing and outreach may result in termination of the funding. City of Campbell Request for Budget Adjustments Department/Program Division Date Request No. Community Development 615 - SVCE Grant December 2, 2025 BA-7 Budget to be Reduced Fund Program Account Number escription Amount Budget to be Increased Fund/Program Account Number Description Amount REVENUES 212.615 REVENUES 212.615 4543 7884 Other Grants - SVCE Grant Machinery & Equipment 216,105.00 216,105.00 REASON FOR REQUEST - BE SPECIFIC: To accept a noncompetitive grant award from Silicon Valley Clean Energy for the amount of $216,105 and to appropriate that same amount towards the purchase of electrive vehicles and equipment. Will Fuentes Rob Eastwood Brian Loventhal Finance Director Community Development Director City Manager